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

Vol. 156 WASHINGTON, WEDNESDAY, JULY 14, 2010 No. 104 House of Representatives The House met at 10 a.m. and was last day’s proceedings and announces ployment Compensation Act to restore called to order by the Speaker pro tem- to the House his approval thereof. and extend emergency unemployment pore (Mr. PASTOR of Arizona). Pursuant to clause 1, rule I, the Jour- benefits through November 30. Ameri- f nal stands approved. cans know these benefits not only are f much needed, but they are their life DESIGNATION OF THE SPEAKER support. PRO TEMPORE PLEDGE OF ALLEGIANCE The SPEAKER pro tempore laid be- The SPEAKER pro tempore. The f fore the House the following commu- Pledge of Allegiance will be led by the nication from the Speaker: gentleman from Illinois (Mr. QUIGLEY). CONGRATULATING THE PATRIOTS WASHINGTON, DC, Mr. QUIGLEY led the Pledge of Alle- OF PACE HIGH SCHOOL ON BE- July 14, 2010. giance as follows: COMING THE REGION 1, CLASS 5A I hereby appoint the Honorable ED PASTOR I pledge allegiance to the Flag of the BASEBALL STATE CHAMPIONS to act as Speaker pro tempore on this day. United States of America, and to the Repub- NANCY PELOSI, lic for which it stands, one nation under God, (Mr. MILLER of Florida asked and Speaker of the House of Representatives. indivisible, with liberty and justice for all. was given permission to address the f f House for 1 minute and to revise and extend his remarks.) PRAYER ANNOUNCEMENT BY THE SPEAKER The Chaplain, the Reverend Daniel P. PRO TEMPORE Mr. MILLER of Florida. Mr. Speaker, Coughlin, offered the following prayer: The SPEAKER pro tempore. The it is my pleasure to rise today and con- Lord God, our Creator, You are the Chair will entertain up to 15 requests gratulate the Patriots of Pace High source of love and of life. You want us for 1-minute speeches on each side of School for becoming the Region 1, to have life and the fullness of life as the aisle. Class 5A baseball state champions. members of society and as a nation. f Pace High School’s varsity baseball By Your Divine Providence, the full team, led by Coach Charlie Warner, fin- expression of love for You, Almighty UNEMPLOYMENT BENEFITS ished the season with an impressive 31– God, as well as love of neighbor, begins (Ms. WATSON asked and was given 2 record. The Patriots went unbeaten with the realization of the unique permission to address the House for 1 against Florida competition and won personhood in each and every member minute.) their last 25 games. within the family. It is there we learn Ms. WATSON. Mr. Speaker, right For their dominance on the baseball the great task of love, how to accept now, 15 million out-of-work Americans diamond, the Patriots of Pace High love and show love in return. Human are waiting on the Senate to extend earned a number one ranking from life teaches us that neither friendship unemployment benefits which con- ESPN and were crowned ESPN’s RISE nor patriotism can take the place of tribute to paying mortgages, health FAB 50 national champions. family in helping us find our place of care bills, utility bills and the cost of fitting in or belonging. food when there isn’t a paycheck com- Now, while the Patriots achieved Lord, may the prism of family life ing in. their goal and brought home a state prove to be the instrument of discern- The Democrats’ unemployment bill championship, it was not done without ment for the Members of Congress as will provide up to 99 weeks of unem- countless hours of practice and im- they formulate laws and policies for ployment checks, averaging about $300, measurable amounts of sacrifice. The the good of this Nation. to people whose 26 weeks of State-paid time they spent together on and off the May You bless the families of Con- benefits have run out. The benefits field will not only be remembered for gress and this Nation so this common would be extended through the end of capturing a second state title in 5 ground may give You glory, both now November. In a new Washington Post- years, but the forged friendships and and forever. Amen. ABC News poll released July 13, more lessons learned will never be forgotten. f than six in ten Americans support con- Once again, I would like to congratu- gressional action to extend unemploy- late Pace High School’s baseball team THE JOURNAL ment benefits for jobless workers. on winning their fourth state cham- The SPEAKER pro tempore. The Earlier this month, the House passed pionship. My wife Vicki and I are ex- Chair has examined the Journal of the the Restoration of Emergency Unem- tremely proud of these young men.

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

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VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5550 CONGRESSIONAL RECORD — HOUSE July 14, 2010 MOVING IN THE RIGHT DIRECTION DON’T BE FOOLED BY RELEASE downturn. Like Oregon families OF POLITICAL PRISONERS BY throughout my State, Congress must (Mr. BACA asked and was given per- CUBA start learning to live within its means. mission to address the House for 1 I put a high priority on financial re- minute.) (Mr. QUIGLEY asked and was given permission to address the House for 1 sponsibility, which is why I’ve intro- Mr. BACA. These are tough times for minute.) duced H.R. 5363, the Preventing Waste, our Nation, but the American people Mr. QUIGLEY. Mr. Speaker, I rise Fraud, and Abuse Act of 2010. The Act can take heart that with the leadership today because we cannot be fooled by encourages the Federal Government to of President Obama, we are headed in the Castro regime’s announcement to make strategic investments to elimi- the right direction. release 52 political prisoners. That nate waste, fraud, and abuse in our entitlement programs. For every dollar When the President took office, he would be 52 out of approximately 5,000. we put into the program, we get $1.50 The release of these prisoners, held inherited a $1.2 trillion deficit, two to $8 back. only because they disagree with the wars, the recession, mounting job Today, we will be voting on the Im- losses, and disasters like Katrina that government, would be good news if proper Payments Elimination and Re- pushed our economy to the brink. they were actually being released, but covery Act of 2010. By passing this bill, only five to 10 prisoners will be re- Since then, with his guidance we we will expand the process of identi- leased immediately. The rest will be have passed the American Recovery fying programs and activities suscep- let go over the next three to four Act that saved jobs; the expansion of tible to improper payments. Identi- months. Why does it take months to SCHIP, to provide health coverage to fying these programs will eliminate release a group of prisoners when it 11 million children; the Lilly Ledbetter fraud. I urge my colleagues to support only took one night to arrest them? We Fair Pay Act, the equal pay act for this bill. cannot be fooled. women in the workplace; the Credit The Castro regime has released pris- f Card Bill of Rights; and the historic oners many times before in exchange MOB VIOLENCE health reform that finally makes qual- for lesser sanctions, but these tem- ity, affordable coverage a right for (Mr. COBLE asked and was given per- porary releases never result in perma- every American. Soon we will enact fi- mission to address the House for 1 nent reforms. nancial reforms that give us the over- minute and to revise and extend his re- The regime is unilaterally releasing sight and accountability to prevent an- marks.) 52 prisoners, but what is to keep them other economic collapse. Mr. COBLE. Mr. Speaker, mob vio- from simply arresting hundreds more? lence serves no good purpose. Last The President continues to move us We cannot be fooled. And above all, we week, a California mob violently dis- in the right direction and is doing all cannot alter our sanctions or policies agreed with the jury verdict in a high- the right things. Unfortunately, our towards Cuba based on this one super- profile case. I have no opinion if the Republican colleagues continue to have ficial gesture. verdict is inconsistent with the facts of no plan and no direction. f the case, but I do have an opinion that mob violence offers no solutions. I do f b 1010 not embrace all jury verdicts, but when DEBT I am not in agreement with jury ver- TRIBUTE TO PEARL REX- (Ms. JENKINS asked and was given dicts, I do not resort to violence. I do HARTZELL permission to address the House for 1 not promote the smashing of plate- minute and to revise and extend her re- glass windows. I do not promote the (Mr. CHAFFETZ asked and was given stealing of goods behind those win- marks.) permission to address the House for 1 dows. I do not promote the inflicting of Ms. JENKINS. For the past 18 minute and to revise and extend his re- injury upon innocent third parties. months, the leadership in the House marks.) Mob members taking the law into has ignored the impending fiscal crisis, Mr. CHAFFETZ. Mr. Speaker, I come their own hands, Mr. Speaker, is op- acting like they know best and that posed to all that is good about Amer- before the House to pay special tribute the economy would recover if we sim- to Pearl Rex-Hartzell, who passed away ica, yet few people have spoken out ply spent more money. They’re wrong. against it. Surely, the majority of recently. And today, I’d like to remind them of Americans are opposed to mob vio- Pearl’s life was dedicated to serving one number that should get their at- lence. I reiterate: Mob violence serves others. She said once, ‘‘As long as I live tention: $166 billion. A few years ago, no good purpose and should be deterred I have to serve.’’ Living up to her that was more than the annual budget and rejected. deficit. Now, that’s how much the debt motto of service, she could be found f constantly smiling, dancing and par- increased on June 30 alone. The Presi- ticipating in numerous organizations. dent’s fiscal commission said this debt FIGHTING FOR SENIORS Pearl believed that ‘‘we can’t just sit is a cancer ‘‘that will destroy the coun- (Mr. MURPHY of New York asked back and enjoy freedom. We must work try from within.’’ As a daughter of two and was given permission to address to preserve it.’’ This remarkable cancer survivors, those words are the House for 1 minute.) woman had a deep love of God, coun- strong. But as a CPA that knows how Mr. MURPHY of New York. Mr. try, and family, and she selflessly dedi- debilitating debt can be, I couldn’t Speaker, I rise today in support of sen- cated her life to helping all those in agree more. It’s time for the majority iors across upstate New York. Since need. to stop ignoring reality. It’s time to coming to Washington, I have fought stop the reckless spending and get the to strengthen Medicare, protect Social Pearl represents the reality that a $13.2 trillion debt under control. Security, and ensure that our seniors single person can make a positive dif- f can retire with dignity. As a founding ference in the lives of those around her member of the Seniors Task Force, I by smiling, serving and standing by FISCAL RESPONSIBILITY was proud to help introduce the Sen- their principles. (Mr. SCHRADER asked and was iors Bill of Rights to guarantee the dig- It is appropriate that we honor her given permission to address the House nity and independence of all older accomplishments, her example and her for 1 minute.) Americans. We need to ensure that lifelong dedication to community serv- Mr. SCHRADER. As a member of the they have access to quality, affordable ice. I wish nothing but the best to her fiscally conservative Blue Dog Coali- health and long-term care. We need to family and hope they feel the deep tion, I would like to bring attention to provide protection from scams, abuses, gratitude of Utah and truly remember my district’s growing concern about and exploitation. And we need to pro- this remarkable woman. She has served our national debt. Oregon’s Fifth Con- vide safe and livable communities. our community well, and we will miss gressional District has been severely For years, credit card companies her. impacted by the recent economic have taken advantage of our seniors by

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5551 doing things like changing the terms of than emergency unemployment insur- b 1020 their agreements without telling them ance benefits providing a bang-for-the- AMERICA SPEAKING OUT or advertising one rate and giving an- buck of $1.61 for every dollar of unem- other. Last year, we saw a bipartisan ployment benefits. (Mr. REHBERG asked and was given effort with the Credit CARD Act to It’s time for us to act to provide a permission to address the House for 1 prevent these kinds of scams. We also lifeline and help our economy. minute.) Mr. REHBERG. Thousands of Mon- worked this year to close the Medicare tanans are joining millions of Ameri- part D doughnut hole. Last month, our f cans speaking out. I have heard from seniors started receiving $250 checks to MORE DELAYS ON TROOP them at seven listening sessions across close that hole. And by 2020, it will be FUNDING Montana just last week. And thanks to gone entirely. No senior should have to an innovative House Republican initia- choose between purchasing drugs and (Mr. WILSON of South Carolina asked and was given permission to ad- tive called America Speaking Out, they medicines they need or putting food on can join people around the country on- their table. And no senior should be dress the House for 1 minute and to revise and extend his remarks.) line at americaspeakingout.com. scammed by credit card companies. Unfortunately, this majority has not f Mr. WILSON of South Carolina. Mr. Speaker, before Congress adjourned for been listening. When emails and phone TRIBUTE TO GEORGE the July 4th recess, I stood at this spot systems were overwhelmed by the op- STEINBRENNER with a plea to Democratic leadership to position to the stimulus, they turned off their phones. When town hall meet- (Mr. STEARNS asked and was given do the right thing and bring the mili- ings were overrun by angry constitu- permission to address the House for 1 tary supplemental bill forward as a ents, they stopped holding public meet- minute and to revise and extend his re- clean bill for quick passage. My re- ings. When the opposition to their marks.) quest and those of many of my col- health care takeover got too hot, they Mr. STEARNS. Mr. Speaker, as the leagues went unanswered. The result? held closed-door meetings and capped owner of the New York Yankees, Our troops at risk do not have the it off with a 1 a.m. vote. Americans de- George Steinbrenner was known for his funding they need. It is a shame that serve better. bravado. But to the people of my dis- Congress could not get this troop fund- We deserve a government that listens trict, he was known as a gentleman ing bill passed before the Pentagon’s first and then acts. We deserve a gov- horse farm owner and community lead- deadline. By not passing or debating a ernment that remembers who it works er. He had a tremendous impact on budget—another travesty—Congress for. That’s what I’m doing in Montana, north central Florida. In 1969, he certainly has had plenty of time to get and that’s what House Republicans are bought the 850-acre Kinsman Stud this done. doing online. Please join me today by Horse Farm in Ocala. He was an active As a veteran myself, with four sons logging on at americaspeakingout.com. horse breeder and a successful local currently serving in the military, I Together, we will make a difference. businessman. He also owned the Pin- know we have brave men and women in stripes Ramada Inn in Ocala. In addi- uniform around the world who f tion, Mr. Speaker, he became one of shouldn’t have to worry about Con- CUBA CONTINUES TO OPPRESS ITS the largest benefactors in the Univer- gress’ failure to fund their programs PEOPLE sity of Florida’s history. He built the and missions. We have counterinsur- (Ms. WASSERMAN SCHULTZ asked George Steinbrenner Band Hall, and he gency operations right now in Iraq and and was given permission to address helped found the large animal and Afghanistan that should not be inter- the House for 1 minute and to revise equine programs at the University of rupted or held up by lawmakers so they and extend her remarks.) Florida veterinary school. can add billions of additional dollars in Ms. WASSERMAN SCHULTZ. Mr. While most of the tributes to George unrelated pet projects. Speaker, I rise today in protest of the Steinbrenner rightfully focus on his In conclusion, God bless our troops, Castro regime’s intention to forcibly ownership of the New York Yankees, and we will never forget September the deport 52 political prisoners under the the people of north central Florida feel 11th in the global war on terrorism. guise of release. Historically, the Cas- we have lost a great friend and a good tro regime has used political prisoners f neighbor. as pawns to extract international con- f WHY GO BACK? cessions and ease criticism. But as The Washington Post pointed out in their EXTEND UNEMPLOYMENT (Mr. JOHNSON of Georgia asked and BENEFITS reporting on this story, this gesture was given permission to address the does not represent fundamental polit- (Mr. SCHAUER asked and was given House for 1 minute and to revise and ical change. As more political dis- permission to address the House for 1 extend his remarks.) sidents die of hunger strikes in Cuba, minute.) Mr. JOHNSON of Georgia. Repub- we cannot allow this hollow gesture to Mr. SCHAUER. Mr. Speaker, I ran for licans, sadly, apologized to BP and call blind us from the reality on the Congress to support ideas, no matter Wall Street reform an ant being hated ground. whose they were, to get our economy by the U.S. Government. Meanwhile, In Cuba’s authoritarian dictatorship, going. Well, unemployment rates they continue to say ‘‘no’’ to Demo- every dollar that flows into the coun- across my district in Michigan are cratic Party attempts to extend unem- try props up the Castro regime. In the gradually falling. There are 23,000 peo- ployment insurance benefits for the meantime, Alan Gross of Potomac, ple that I represent that will lose their next 6 months. They’re calling these Maryland, arrested for distributing cell lifeline by the end of the year unless benefits an ‘‘entitlement’’ and say that phones and laptops to Cuba’s tiny Jew- the Republicans end their filibuster in they’re being abused by folks who can’t ish community, continues to sit in the Senate. find a job. And this despite an analysis prison with no hope of release. Let’s be clear: Our economy will by the nonpartisan Congressional A relationship with the United worsen and our deficit will worsen if Budget Office suggesting that extend- States must be earned. Banishing polit- unemployment benefits aren’t ex- ing unemployment benefits is the most ical dissidents from their homeland tended. I repeat that: Our economy will cost-effective and fast-acting way to hardly meets that test. This cheap po- worsen and our deficit will worsen if spur the economy. litical trick is surely of no solace for unemployment benefits aren’t ex- Congressional Republicans support Gross and others still in jail. tended at this critical time. Don’t take the special interests that benefited f my word for it—economists of all polit- from George Bush policies and created ical stripes agree. Even JOHN MCCAIN’s the worst financial crisis since the CUBA’S POLITICAL PRISONERS economic adviser, Mark Zandi, said, No Great Depression. A decade of Repub- (Mr. LINCOLN DIAZ-BALART of form of the fiscal stimulus has proved lican rule nearly doubled our national Florida asked and was given permis- more effective during the past 2 years debt. Why would we go back to that? sion to address the House for 1 minute.)

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5552 CONGRESSIONAL RECORD — HOUSE July 14, 2010 Mr. LINCOLN DIAZ-BALART of Mr. POE of Texas. Mr. Speaker, I re- Mr. SAM JOHNSON of Texas. Mr. Florida. Mr. Speaker, Fidel Castro ceived a letter from a really mad Cajun Speaker, I rise to honor the recent ac- showed himself on television this week named Timmy Bergeron. He is from colades of the Third Congressional Dis- to remind the world that he is alive Houma, Louisiana, and runs an oil-re- trict of Texas. While I know it’s a great and in power, despite having turned lated drilling business. place to live, work, and raise a family, over some titles to his puppet brother. Timmy’s letter is to the President clearly, other notable and even na- What he does is he throws Cuban patri- and says, ‘‘I am terribly troubled that tional publications have paid atten- ots in the dungeons; and then when he after striving to find jobs for Ameri- tion, too. feels pressure, he releases Cuban patri- cans, you make a hasty decision to For example, D Magazine put the ots, deports them from the country, ex- stop drilling for 6 months. Did you stop spotlight on the best suburbs for Dal- pels them, gives them the choice, ‘‘Do coal mining after all the incidents they las; and 11 out of all 11 cities in the you want to stay in the dungeon or be have been having? No. Did you stop the Third District outside of Dallas ranked expelled from your country?’’ to gain airlines after all the crashes and acci- among the top: Parker, Murphy, Allen, diplomatic and economic oxygen. He dents they have been having? No. Now Sachse, Plano, Frisco, Wylie, McKin- wants U.S. sanctions eliminated and he you want to shut down the oil industry ney, Rowlett, Richardson, and Garland. wants the European common position, for 6 months, which will hurt tens of Money Magazine just named McKin- which ties a close relationship between thousands of workers! I only hope you ney, Texas, as the fifth most desirable Cuba and Europe to an improvement in understand the trickle-down effect this place to live in the Nation, while Allen human rights, he wants that common will have on many industries.’’ took 16th and Rowlett claimed 24th. In position eliminated. Mr. Speaker, the rest of the letter addition, Newsweek featured 10 Third He comes together with the Spanish gets a bit more colorful, but Mr. District high schools in June in the Foreign Minister, Mr. Moratinos, and Bergeron wants to know why the Presi- America’s Best High Schools edition. they agree upon a supposed number of dent is intentionally putting him out My hat goes off to the people who political prisoners; under 200, they say of business. Maybe the President will make Texas places so special and the there are. The U.S. State Department, write him back. Meanwhile, the ill-ad- leaders who had the vision and courage in March, makes clear that only those vised deepwater drilling ban is putting to make their dreams for these commu- charged under so-called dangerous- people out of work and is the second nities a reality. Congratulations to all. disaster in the Gulf of Mexico. ness—whatever that means—number God bless you. I salute you. And that’s just the way it is. 5,000 in the Cuban dungeons. f Let’s not be fooled. Let’s not be f fooled. The solution to the Cuban prob- EXTEND UNEMPLOYMENT A TRIBUTE TO TOMMY DURHAM lem is free elections, the release of all BENEFITS FOR AMERICANS (Mr. DAVIS of Illinois asked and was political prisoners through free elec- (Mr. YARMUTH asked and was given given permission to address the House tions in Cuba. permission to address the House for 1 for 1 minute and to revise and extend f minute.) his remarks.) UNEMPLOYMENT BENEFITS Mr. YARMUTH. Mr. Speaker, Senate Mr. DAVIS of Illinois. Mr. Speaker, I Republicans continue to refuse to allow rise today to pay tribute to Tommy (Ms. HIRONO asked and was given the extension of unemployment insur- Durham, a gentleman in my commu- permission to address the House for 1 ance benefits to the American people. nity who passed away a few days ago. minute.) Let me tell you what that does in my Tommy was known as the mayor of Ms. HIRONO. Mr. Speaker, by con- State. West Madison Street, where he ran a tinuing to deny the extension of unem- If we don’t extend those benefits used appliance business and fixed air ployment benefits, Republicans are within a very short period of time, conditioners, stoves, heaters. Anything perpetuating their heartlessness on the 125,000 Kentuckians will be without the that needed fixing, Tommy could do it. backs of the working people of this means to support their families. That He was passionately involved in poli- country. Last week in Hilo, I met a means, in addition to human suffering, tics and ran for office more than 40 group of contractors who shared with we’re talking about $125 million a years ago. He did not win the election, me not only their struggles in today’s month that will not be spent in the but he did win a place in the hearts and difficult economy, but that of people Kentucky economy. Multiply that minds of the people, and I pay tribute they know who have lost their jobs. across the country, and you see the in- to him and his life today. These hardworking people can’t find credible effect that it can have. f jobs not for a lack of effort but for a I don’t think that Republicans really lack of jobs. mean it when they say, Well, we’re b 1030 Before the July 4 recess, the House okay with supporting it, but we want CUBA’S RELEASE OF POLITICAL passed a bill that would extend unem- to pay for it. They didn’t say the same PRISONERS ployment benefits through the end of thing when they got into two wars, November. This extension would save provided a new entitlement prescrip- (Mr. MARIO DIAZ-BALART of Flor- 6,000 residents in Hawaii from losing tion drug benefit, and passed tax cuts ida asked and was given permission to their benefits. Every month that Con- for the wealthiest Americans. address the House for 1 minute and to gress fails to act, another 2,150 people You can’t build a political philosophy revise and extend his remarks.) in Hawaii will lose their benefits. on the pain and suffering of the Amer- Mr. MARIO DIAZ-BALART of Flor- These benefits amount to an average of ican people, but that’s the only conclu- ida. Mr. Speaker, this week we’ve seen $415 a week, which helps families buy sion that I can reach. They figure, cre- that the Castro dictatorship has re- food and keep a roof over their heads ate as much pain and damage as you leased a handful of political prisoners until they can find a job. And for every can create, and then the American peo- in an attempt to try to win concessions $1 they spend, $1.60 is generated in eco- ple will blame the party in power for it. from the European Union and the nomic growth for local businesses. That’s a pretty cynical way to ap- United States. It’s not the first time We cannot turn our backs on hard- proach the lives of the American peo- they’ve done that to try to win conces- working people by taking away their ple and Kentuckians. sions. unemployment benefits. The time to f At the same time, the Obama admin- act is now. istration recognizes that there are A TRIBUTE TO THE THIRD CON- f about 5,000 Cubans that are held in the GRESSIONAL DISTRICT OF gulags of that nation for the charge of TIMMY BERGERON WRITES THE TEXAS dangerousness. Those are 5,000 addi- PRESIDENT (Mr. SAM JOHNSON of Texas asked tional political prisoners that languish (Mr. POE of Texas asked and was and was given permission to address in prison. given permission to address the House the House for 1 minute and to revise We’ve got to remember who the Cas- for 1 minute.) and extend his remarks.) tro regime, that terrorist regime, who

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5553 they are. This week alone they’ve He was an inspirational captain of months. I’ve been mystified about how blamed the United States for sinking the Silverado High School wrestling the Republicans could repeatedly block the South Korean ship that killed 46 team in his senior year; and upon grad- unemployment benefits in a struggling sailors early this year. They blamed uation, he answered the call to serve economy that they drove into the the United States. his Nation at the young age of 17. He ditch. This is the same regime that holds an did so with valor and dignity. I couldn’t grasp this reasoning be- American hostage, Mr. Alan Gross, a Matthew Hennigan is a true Amer- hind depriving millions of American Jewish American contractor who was ican hero. He epitomizes the best this families the support they need to buy providing humanitarian aid to Cuban country has to offer. Let us always food and pay their mortgage while they Jews within that island nation. honor his memory, never forget his searched for work. Now, I understand This is the same regime that, last sacrifice, and promise to be there for that Republicans evidently believe that month, Fidel Castro himself compared his family in this sad time. helping jobless workers is an evil. Israel to Nazi Germany. And yet some God bless our troops. I foolishly thought we might hear want to give concessions to that re- f some compassion from the very party gime. Some want to help that regime that is causing countless Americans to PASSPORTS FOR THE IROQUOIS with billions of dollars. lose their lifeline. I just hope that NATIONAL LACROSSE TEAM Let’s stay firm. Let’s demand elec- enough Republicans in the other body tions. Let’s demand freedom for the (Mr. MAFFEI asked and was given will find the courage to buck their Cuban people. permission to address the House for 1 party and end this. f minute and to revise and extend his re- Millions of families are counting on marks.) them. Their phone calls come into my EXTEND UNEMPLOYMENT COM- Mr. MAFFEI. Mr. Speaker, this office every single day from all over PENSATION INSURANCE BENE- morning a team of Iroquois Indians at- the country: When will the extended FITS tempted to board a plane for the benefits be put back in? And I say, look (Ms. KILROY asked and was given United Kingdom to compete in an to the Republicans in the Senate. permission to address the House for 1 international lacrosse competition, f minute.) where they would represent the Iro- Ms. KILROY. Mr. Speaker, today I quois or Hodneshoni Nation on the ANNOUNCEMENT BY THE SPEAKER rise to call on my colleagues, and par- world stage. Again they were denied PRO TEMPORE ticularly my colleagues in the Senate entry because they were traveling on The SPEAKER pro tempore. Pursu- and those Republicans, to give much their own people’s passports instead of ant to clause 8 of rule XX, the Chair needed relief to 15 million out-of-work U.S. or Canadian. will postpone further proceedings Americans and extend unemployment Though the British invited this team today on motions to suspend the rules compensation insurance benefits. It is to compete from the Iroquois Nation, on which a recorded vote or the yeas unprecedented not to do so at a time of they refused the Iroquois passports un- and nays are ordered, or on which the high unemployment, over 10 percent in less the U.S. officially said it was okay. vote incurs objection under clause 6 of my district. But the U.S. refused to do so, even rule XX. And I take strong issue with com- though dozens of Iroquois have trav- Record votes on postponed questions ments that the unemployed don’t want eled internationally, including over- will be taken later. to work, that they aren’t looking for seas with these documents. f jobs. They do. They want to pay their Mr. Speaker, the Iroquois nationals IMPROPER PAYMENTS ELIMI- bills. They want to support their fami- team is not a security risk and will- NATION AND RECOVERY ACT OF lies, make those utility payments, put ingly subjected themselves to 2010 food on their table, send their children fingerprinting and background checks. to college. In fact, the U.S. State Department of- Mr. DAVIS of Illinois. Mr. Speaker, I But right now I have talked to an- fered to rapidly expedite U.S. passports move to suspend the rules and pass the guished, hardworking men and women for much of the team. But to this team, bill (S. 1508) to amend the Improper who have lost jobs when their factories accepting U.S. passports would be akin Payments Information Act of 2002 (31 closed and have been looking continu- to renouncing their own national and U.S.C. 3321 note) in order to prevent ously for work. It’s not yet there. They ethnic identity. It’s a matter of prin- the loss of billions in taxpayer dollars. are looking for these jobs, but they ciple to them. The Clerk read the title of the bill. need this help now. It is time that we The State Department and Homeland The text of the bill is as follows: extend unemployment compensation Security Department have lost the for- S. 1508 and give these hardworking citizens est through the trees in refusing to Be it enacted by the Senate and House of Rep- the help that they need. allow the team to travel as citizens of resentatives of the United States of America in Congress assembled, f an indigenous nation. Mr. Speaker, in the Academy Award SECTION 1. SHORT TITLE. HONORING THE LIFE OF SER- This Act may be cited as the ‘‘Improper winning film, ‘‘Chariots of Fire,’’ a GEANT MATTHEW R. HENNIGAN Payments Elimination and Recovery Act of Scottish running hero, Eric Liddell, is 2010’’. (Ms. TITUS asked and was given per- praised for sticking to his religious be- SEC. 2. IMPROPER PAYMENTS ELIMINATION AND mission to address the House for 1 liefs even when they threatened to RECOVERY. minute and to revise and extend her re- keep him out of the 1924 Olympics. He’s (a) SUSCEPTIBLE PROGRAMS AND ACTIVI- marks.) a true man of principle. TIES.—Section 2 of the Improper Payments Ms. TITUS. Mr. Speaker, I rise today Mr. Speaker, this team is a true team Information Act of 2002 (31 U.S.C. 3321 note) to honor Army Sergeant Matthew of principle. is amended by striking subsection (a) and in- Hennigan, a resident of southern Ne- serting the following: f ‘‘(a) IDENTIFICATION OF SUSCEPTIBLE PRO- vada who was killed in action serving GRAMS AND ACTIVITIES.— in Afghanistan. EXTENSION OF UNEMPLOYMENT INSURANCE ‘‘(1) IN GENERAL.—The head of each agency Sergeant Hennigan was a strong shall, in accordance with guidance pre- willed and brave soldier who never (Mr. MCDERMOTT asked and was scribed by the Director of the Office of Man- shied away from a challenge or turned given permission to address the House agement and Budget, periodically review all down an opportunity to serve. With a for 1 minute and to revise and extend programs and activities that the relevant contagious smile and a warm person- his remarks.) agency head administers and identify all programs and activities that may be suscep- ality, Sergeant Hennigan was a strong Mr. MCDERMOTT. Mr. Speaker, re- tible to significant improper payments. OHN YL and fearless soldier and a friend to cently Senator J K called unem- ‘‘(2) FREQUENCY.—Reviews under paragraph many. He is remembered by his fellow ployment insurance ‘‘a necessary evil,’’ (1) shall be performed for each program and soldiers as a model citizen, a strong and I must say his statement gave me activity that the relevant agency head ad- warrior, and a respected leader. some clarity for the first time in ministers during the year after which the

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Improper Payments Elimination and Recov- (b), the head of the agency shall provide with ‘‘(e) GOVERNMENTWIDE REPORTING OF IM- ery Act of 2010 is enacted and at least once the estimate under subsection (b) a report on PROPER PAYMENTS AND ACTIONS TO RECOVER every 3 fiscal years thereafter. For those what actions the agency is taking to reduce IMPROPER PAYMENTS.— agencies already performing a risk assess- improper payments, including— ‘‘(1) REPORT.—Each fiscal year the Director ment every 3 years, agencies may apply to ‘‘(1) a description of the causes of the im- of the Office of Management and Budget the Director of the Office of Management proper payments, actions planned or taken shall submit a report with respect to the pre- and Budget for a waiver from the require- to correct those causes, and the planned or ceding fiscal year on actions agencies have ment of the preceding sentence and continue actual completion date of the actions taken taken to report information regarding im- their 3-year risk assessment cycle. to address those causes; proper payments and actions to recover im- ‘‘(3) RISK ASSESSMENTS.— ‘‘(2) in order to reduce improper payments proper overpayments to— ‘‘(A) DEFINITION.—In this subsection the to a level below which further expenditures ‘‘(A) the Committee on Homeland Security term ‘significant’ means— to reduce improper payments would cost and Governmental Affairs of the Senate; and ‘‘(i) except as provided under clause (ii), more than the amount such expenditures ‘‘(B) the Committee on Oversight and Gov- that improper payments in the program or would save in prevented or recovered im- ernment Reform of the House of Representa- activity in the preceding fiscal year may proper payments, a statement of whether the tives. have exceeded— agency has what is needed with respect to— ‘‘(2) CONTENTS.—Each report under this ‘‘(I) $10,000,000 of all program or activity ‘‘(A) internal controls; subsection shall include— payments made during that fiscal year re- ‘‘(B) human capital; and ‘‘(A) a summary of the reports of each ported and 2.5 percent of program outlays; or ‘‘(C) information systems and other infra- agency on improper payments and recovery ‘‘(II) $100,000,000; and structure; actions submitted under this section; ‘‘(ii) with respect to fiscal years following ‘‘(3) if the agency does not have sufficient ‘‘(B) an identification of the compliance September 30th of a fiscal year beginning be- resources to establish and maintain effective status of each agency to which this Act ap- fore fiscal year 2013 as determined by the Of- internal controls under paragraph (2)(A), a plies; fice of Management and Budget, that im- description of the resources the agency has ‘‘(C) governmentwide improper payment proper payments in the program or activity requested in its budget submission to estab- reduction targets; and in the preceding fiscal year may have ex- lish and maintain such internal controls; ‘‘(D) a discussion of progress made towards ceeded— ‘‘(4) program-specific and activity-specific meeting governmentwide improper payment ‘‘(I) $10,000,000 of all program or activity improper payments reduction targets that reduction targets.’’. payments made during that fiscal year re- have been approved by the Director of the (e) DEFINITIONS.—Section 2 of the Improper ported and 1.5 percent of program outlays; or Office of Management and Budget; and Payments Information Act of 2002 (31 U.S.C. ‘‘(II) $100,000,000. ‘‘(5) a description of the steps the agency 3321 note) is amended by striking subsections ‘‘(B) SCOPE.—In conducting the reviews has taken to ensure that agency managers, (f) (as redesignated by this section) and in- under paragraph (1), the head of each agency programs, and, where appropriate, States serting the following: shall take into account those risk factors and localities are held accountable through ‘‘(f) DEFINITIONS.—In this section: that are likely to contribute to a suscepti- annual performance appraisal criteria for— ‘‘(1) AGENCY.—The term ‘agency’ means an bility to significant improper payments, ‘‘(A) meeting applicable improper pay- executive agency, as that term is defined in such as— ments reduction targets; and section 102 of title 31, United States Code. ‘‘(i) whether the program or activity re- ‘‘(B) establishing and maintaining suffi- ‘‘(2) IMPROPER PAYMENT.—The term ‘im- viewed is new to the agency; cient internal controls, including an appro- proper payment’— ‘‘(ii) the complexity of the program or ac- priate control environment, that effec- ‘‘(A) means any payment that should not tivity reviewed; tively— have been made or that was made in an in- ‘‘(iii) the volume of payments made ‘‘(i) prevent improper payments from being correct amount (including overpayments and through the program or activity reviewed; made; and underpayments) under statutory, contrac- ‘‘(iv) whether payments or payment eligi- ‘‘(ii) promptly detect and recover improper tual, administrative, or other legally appli- bility decisions are made outside of the payments that are made.’’. cable requirements; and agency, such as by a State or local govern- (d) REPORTS ON ACTIONS TO RECOVER IM- ‘‘(B) includes any payment to an ineligible ment; PROPER PAYMENTS.—Section 2 of the Im- recipient, any payment for an ineligible good ‘‘(v) recent major changes in program fund- proper Payments Information Act of 2002 (31 or service, any duplicate payment, any paying, authorities, practices, or procedures; U.S.C. 3321 note) is amended— ment for a good or service not received (ex- ‘‘(vi) the level, experience, and quality of (1) by striking subsection (e); cept for such payments where authorized by training for personnel responsible for mak- (2) by redesignating subsections (d) and (f) law), and any payment that does not account ing program eligibility determinations or as subsections (f) and (g), respectively; and for credit for applicable discounts. certifying that payments are accurate; and (3) by inserting after subsection (c) the fol- ‘‘(3) PAYMENT.—The term ‘payment’ means ‘‘(vii) significant deficiencies in the audit lowing: any transfer or commitment for future report of the agency or other relevant man- ‘‘(d) REPORTS ON ACTIONS TO RECOVER IM- transfer of Federal funds such as cash, secu- agement findings that might hinder accurate PROPER PAYMENTS.—With respect to any im- rities, loans, loan guarantees, and insurance payment certification.’’. proper payments identified in recovery au- subsidies to any non-Federal person or enti- (b) ESTIMATION OF IMPROPER PAYMENTS.— dits conducted under section 2(h) of the Im- ty, that is made by a Federal agency, a Fed- Section 2 of the Improper Payments Infor- proper Payments Elimination and Recovery eral contractor, a Federal grantee, or a gov- mation Act of 2002 (31 U.S.C. 3321 note) is Act of 2010 (31 U.S.C. 3321 note), the head of ernmental or other organization admin- amended by striking subsection (b) and in- the agency shall provide with the estimate istering a Federal program or activity. serting the following: under subsection (b) a report on all actions ‘‘(4) PAYMENT FOR AN INELIGIBLE GOOD OR ‘‘(b) ESTIMATION OF IMPROPER PAYMENTS.— SERVICE.—The term ‘payment for an ineli- With respect to each program and activity the agency is taking to recover improper gible good or service’ shall include a pay- identified under subsection (a), the head of payments, including— ment for any good or service that is rejected the relevant agency shall— ‘‘(1) a discussion of the methods used by under any provision of any contract, grant, ‘‘(1) produce a statistically valid estimate, the agency to recover overpayments; lease, cooperative agreement, or any other or an estimate that is otherwise appropriate ‘‘(2) the amounts recovered, outstanding, funding mechanism.’’. using a methodology approved by the Direc- and determined to not be collectable, includ- (f) GUIDANCE BY THE OFFICE OF MANAGE- tor of the Office of Management and Budget, ing the percent such amounts represent of MENT AND BUDGET.—Section 2 of the Im- of the improper payments made by each pro- the total overpayments of the agency; proper Payments Information Act of 2002 (31 gram and activity; and ‘‘(3) if a determination has been made that U.S.C. 3321 note) is amended by striking sub- ‘‘(2) include those estimates in the accom- certain overpayments are not collectable, a section (g) (as redesignated by this section) panying materials to the annual financial justification of that determination; and inserting the following: statement of the agency required under sec- ‘‘(4) an aging schedule of the amounts out- tion 3515 of title 31, United States Code, or standing; ‘‘(g) GUIDANCE BY THE OFFICE OF MANAGE- similar provision of law and applicable guid- ‘‘(5) a summary of how recovered amounts MENT AND BUDGET.— ance of the Office of Management and Budg- have been disposed of; ‘‘(1) IN GENERAL.—Not later than 6 months et.’’. ‘‘(6) a discussion of any conditions giving after the date of enactment of the Improper (c) REPORTS ON ACTIONS TO REDUCE IM- rise to improper payments and how those Payments Elimination and Recovery Act of PROPER PAYMENTS.—Section 2 of the Im- conditions are being resolved; and 2010, the Director of the Office of Manage- proper Payments Information Act of 2002 (31 ‘‘(7) if the agency has determined under ment and Budget shall prescribe guidance for U.S.C. 3321 note) is amended by striking subsection 2(h) of the Improper Payments agencies to implement the requirements of section (c) and inserting the following: Elimination and Recovery Act of 2010 (31 this section. The guidance shall not include ‘‘(c) REPORTS ON ACTIONS TO REDUCE IM- U.S.C. 3321 note) that performing recovery any exemptions to such requirements not PROPER PAYMENTS.—With respect to any pro- audits for any applicable program or activity specifically authorized by this section. gram or activity of an agency with esti- is not cost-effective, a justification for that ‘‘(2) CONTENTS.—The guidance under para- mated improper payments under subsection determination. graph (1) shall prescribe—

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5555 ‘‘(A) the form of the reports on actions to the agency or to any other agency or agen- (ii) shall remain available for the same pe- reduce improper payments, recovery actions, cies that are beyond the scope of the con- riod and purposes as the appropriation or and governmentwide reporting; and tract; and fund to which credited. ‘‘(B) strategies for addressing risks and es- (III) report to the agency credible evidence (E) REMAINDER.—Amounts collected that tablishing appropriate prepayment and of fraud or vulnerabilities to fraud, and con- are not applied in accordance with subpara- postpayment internal controls.’’. duct appropriate training of personnel of the graph (A), (B), (C), or (D) shall be deposited (g) DETERMINATIONS OF AGENCY READINESS contractor on identification of fraud. in the Treasury as miscellaneous receipts, FOR OPINION ON INTERNAL CONTROL.—Not (ii) REPORTS ON ACTIONS TAKEN.—Not later except that in the case of recoveries of over- later than 1 year after the date of enactment than November 1 of each year, each agency payments that are made from trust or spe- of this Act, the Director of the Office of Man- shall submit a report on actions taken by cial fund accounts, such amounts shall re- agement and Budget shall develop— the agency during the preceding fiscal year vert to those accounts. (1) specific criteria as to when an agency to address the recommendations described (F) DISCRETIONARY AMOUNTS.—This para- should initially be required to obtain an under clause (i)(I) to— graph shall apply only to recoveries of over- opinion on internal control over improper (I) the Office of Management and Budget; payments that are made from discretionary payments; and and appropriations (as that term is defined by (2) criteria for an agency that has dem- (II) Congress. paragraph 7 of section 250 of the Balanced onstrated a stabilized, effective system of in- (E) AGENCY ACTION FOLLOWING NOTIFICA- Budget and Emergency Deficit Control Act ternal control over improper payments, TION.—An agency shall take prompt and ap- of 1985) and shall not apply to recoveries of whereby the agency would qualify for a propriate action in response to a report or overpayments that are made from discre- multiyear cycle for obtaining an audit opin- notification by a contractor under subpara- tionary amounts that were appropriated ion on internal control over improper pay- graph (D)(i)(I) or (II), to collect overpay- prior to enactment of this Act. ments, rather than an annual cycle. ments and shall forward to other agencies (G) APPLICATION.—This paragraph shall not (h) RECOVERY AUDITS.— any information that applies to such agen- apply to recoveries of overpayments if the (1) DEFINITION.—In this subsection, the cies. appropriation from which the overpayment term ‘‘agency’’ has the meaning given under (3) DISPOSITION OF AMOUNTS RECOVERED.— was made has not expired. section 2(f) of the Improper Payments Infor- (A) IN GENERAL.—Amounts collected by mation Act of 2002 (31 U.S.C. 3321 note) as re- agencies each fiscal year through recovery (4) FINANCIAL MANAGEMENT IMPROVEMENT designated by this Act. audits conducted under this subsection shall PROGRAM.— (2) IN GENERAL.— be treated in accordance with this para- (A) REQUIREMENT.—The head of each agen- (A) CONDUCT OF AUDITS.—Except as pro- graph. The agency head shall determine the cy shall conduct a financial management im- vided under paragraph (4) and if not prohib- distribution of collected amounts, less provement program, consistent with rules ited under any other provision of law, the amounts needed to fulfill the purposes of sec- prescribed by the Director of the Office of head of each agency shall conduct recovery tion 3562(a) of title 31, United States Code, in Management and Budget. audits with respect to each program and ac- accordance with subparagraphs (B), (C), and (B) PROGRAM FEATURES.—In conducting the tivity of the agency that expends $1,000,000 or (D). program, the head of the agency— more annually if conducting such audits (B) USE FOR FINANCIAL MANAGEMENT IM- (i) shall, as the first priority of the pro- would be cost-effective. PROVEMENT PROGRAM.—Not more than 25 per- gram, address problems that contribute di- (B) PROCEDURES.—In conducting recovery cent of the amounts collected by an agency rectly to agency improper payments; and audits under this subsection, the head of an through recovery audits— (ii) may seek to reduce errors and waste in agency— (i) shall be available to the head of the other agency programs and operations. (i) shall give priority to the most recent agency to carry out the financial manage- (5) PRIVACY PROTECTIONS.—Any nongovern- payments and to payments made in any pro- ment improvement program of the agency mental entity that, in the course of recovery gram or programs identified as susceptible under paragraph (4); auditing or recovery activity under this sub- to significant improper payments under sec- (ii) may be credited, if applicable, for that section, obtains information that identifies tion 2(a) of the Improper Payments Informa- purpose by the head of an agency to any an individual or with respect to which there tion Act of 2002 (31 U.S.C. 3321 note); agency appropriations and funds that are is a reasonable basis to believe that the in- (ii) shall implement this subsection in a available for obligation at the time of collec- formation can be used to identify an indi- manner designed to ensure the greatest fi- tion; and vidual, may not disclose the information for nancial benefit to the Government; and (iii) shall be used to supplement and not any purpose other than such recovery audit- (iii) may conduct recovery audits directly, supplant any other amounts available for ing or recovery activity and governmental by using other departments and agencies of that purpose and shall remain available until oversight of such activity, unless disclosure the United States, or by procuring perform- expended. for that other purpose is authorized by the ance of recovery audits by private sector (C) USE FOR ORIGINAL PURPOSE.—Not more individual to the executive agency that con- sources by contract (subject to the avail- than 25 percent of the amounts collected by tracted for the performance of the recovery ability of appropriations), or by any com- an agency— auditing or recovery activity. bination thereof. (i) shall be credited to the appropriation or (6) OTHER RECOVERY AUDIT REQUIREMENTS.— (C) RECOVERY AUDIT CONTRACTS.—With re- fund, if any, available for obligation at the (A) IN GENERAL.—(i) Except as provided in spect to recovery audits procured by an time of collection for the same general pur- clause (ii), subchapter VI of chapter 35 of agency by contract— poses as the appropriation or fund from title 31, United States Code, is repealed. (i) subject to subparagraph (B)(iii), and ex- which the overpayment was made; (ii) Section 3562(a) of title 31, United States cept to the extent such actions are outside (ii) shall remain available for the same pe- Code, shall continue in effect, except that the agency’s authority, as defined by section riod and purposes as the appropriation or references in such section 3562(a) to pro- 605(a) of the Contract Disputes Act of 1978 (41 fund to which credited; and grams carried out under section 3561 of such U.S.C. 605(a)), the head of the agency may (iii) if the appropriation from which the title, shall be interpreted to mean programs authorize the contractor to notify entities overpayment was made has expired, shall be carried out under section 2(h) of this Act. (including persons) of potential overpay- newly available for the same time period as (B) TECHNICAL AND CONFORMING AMEND- ments made to such entities, respond to the funds were originally available for obli- MENTS.— questions concerning potential overpay- gation, except that any amounts that are re- (i) TABLE OF SECTIONS.—The table of sec- ments, and take other administrative ac- covered more than five fiscal years from the tions for chapter 35 of title 31, United States tions with respect to overpayment claims last fiscal year in which the funds were Code, is amended by striking the matter re- made or to be made by the agency; and available for obligation shall be deposited in lating to subchapter VI. (ii) such contractor shall have no author- the Treasury as miscellaneous receipts, ex- (ii) DEFINITION.—Section 3501 of title 31, ity to make final determinations relating to cept that in the case of recoveries of over- United States Code, is amended by striking whether any overpayment occurred and payments that are made from trust or spe- ‘‘and subchapter VI of this title’’. whether to compromise, settle, or terminate cial fund accounts, such amounts shall re- (iii) HOMELAND SECURITY GRANTS.—Section overpayment claims. vert to those accounts. 2022(a)(6) of the Homeland Security Act of (D) CONTRACT TERMS AND CONDITIONS.— (D) USE FOR INSPECTOR GENERAL ACTIVI- 2002 (6 U.S.C. 612(a)(6)) is amended by strik- (i) IN GENERAL.—The agency shall include TIES.—Not more than 5 percent of the ing ‘‘(as that term is defined by the Director in each contract for procurement of perform- amounts collected by an agency shall be of the Office of Management and Budget ance of a recovery audit a requirement that available to the Inspector General of that under section 3561 of title 31, United States the contractor shall— agency— Code)’’ and inserting ‘‘under section 2(h) of (I) provide to the agency periodic reports (i) for— the Improper Payments Elimination and Re- on conditions giving rise to overpayments (I) the Inspector General to carry out this covery Act of 2010 (31 U.S.C. 3321 note)’’. identified by the contractor and any rec- Act; or (7) RULE OF CONSTRUCTION.—Except as pro- ommendations on how to mitigate such con- (II) any other activities of the Inspector vided under paragraph (5), nothing in this ditions; General relating to investigating improper section shall be construed as terminating or (II) notify the agency of any overpayments payments or auditing internal controls asso- in any way limiting authorities that are oth- identified by the contractor pertaining to ciated with payments; and erwise available to agencies under existing

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5556 CONGRESSIONAL RECORD — HOUSE July 14, 2010 provisions of law to recover improper pay- compliance and submit a report on that de- shall include any legislative or other rec- ments and use recovered amounts. termination to— ommendations that the Director determines (i) REPORT ON RECOVERY AUDITING.—Not (1) the head of the agency; necessary. later than 2 years after the date of the enact- (2) the Committee on Homeland Security (e) REPORT ON CHIEF FINANCIAL OFFICERS ment of this Act, the Chief Financial Offi- and Governmental Affairs of the Senate; ACT OF 1990.—Not later than 1 year after the cers Council established under section 302 of (3) the Committee on Oversight and Gov- date of the enactment of this Act, the Chief the Chief Financial Officers Act of 1990 (31 ernmental Reform of the House of Represent- Financial Officers Council established under U.S.C. 901 note), in consultation with the atives; and section 302 of the Chief Financial Officers Council of Inspectors General on Integrity (4) the Comptroller General. Act of 1990 (31 U.S.C. 901 note) and the Coun- and Efficiency established under section 7 of (c) REMEDIATION.— cil of Inspectors General on Integrity and Ef- the Inspector General Reform Act of 2009 (1) NONCOMPLIANCE.— ficiency established under section 7 of the In- (Public Law 110–409) and recovery audit ex- (A) IN GENERAL.—If an agency is deter- spector General Reform Act of 2009 (Public perts, shall conduct a study of— mined by the Inspector General of that agen- Law 110–409), in consultation with a broad (1) the implementation of subsection (h); cy not to be in compliance under subsection cross-section of experts and stakeholders in (2) the costs and benefits of agency recov- (b) in a fiscal year, the head of the agency Government accounting and financial man- ery audit activities, including— shall submit a plan to Congress describing agement shall— (A) those activities under subsection (h); the actions that the agency will take to (1) jointly examine the lessons learned dur- and come into compliance. ing the first 20 years of implementing the (B) the effectiveness of using the services (B) PLAN.—The plan described under sub- Chief Financial Officers Act of 1990 (31 U.S.C. of— paragraph (A) shall include— 901) and identify reforms or improvements, if (i) private contractors; (i) measurable milestones to be accom- any, to the legislative and regulatory com- (ii) agency employees; plished in order to achieve compliance for pliance framework for Federal financial (iii) cross-servicing from other agencies; or each program or activity; management that will optimize Federal (iv) any combination of the provision of (ii) the designation of a senior agency offi- agency efforts to— services described under clauses (i) through cial who shall be accountable for the (A) publish relevant, timely, and reliable (iii); and progress of the agency in coming into com- reports on Government finances; and (3) submit a report on the results of the pliance for each program or activity; and (B) implement internal controls that miti- (iii) the establishment of an accountability study to— gate the risk for fraud, waste, and error in mechanism, such as a performance agree- (A) the Committee on Homeland Security Government programs; and ment, with appropriate incentives and con- and Governmental Affairs of the Senate; (2) jointly submit a report on the results of sequences tied to the success of the official (B) the Committee on Oversight and Gov- the examination to— designated under clause (ii) in leading the ef- ernment Reform of the House of Representa- (A) the Committee on Homeland Security forts of the agency to come into compliance tives; and and Governmental Affairs of the Senate; for each program and activity. (C) the Comptroller General. (B) the Committee on Oversight and Gov- (2) NONCOMPLIANCE FOR 2 FISCAL YEARS.— ernment Reform of the House of Representa- SEC. 3. COMPLIANCE. (A) IN GENERAL.—If an agency is deter- tives; and (a) DEFINITIONS.—In this section: mined by the Inspector General of that agen- (C) the Comptroller General. (1) AGENCY.—The term ‘‘agency’’ has the cy not to be in compliance under subsection meaning given under section 2(f) of the Im- (b) for 2 consecutive fiscal years for the same The SPEAKER pro tempore. Pursu- proper Payments Information Act of 2002 (31 program or activity, and the Director of the ant to the rule, the gentleman from Il- U.S.C. 3321 note) as redesignated by this Act. Office of Management and Budget deter- linois (Mr. DAVIS) and the gentleman (2) ANNUAL FINANCIAL STATEMENT.—The mines that additional funding would help the from Utah (Mr. CHAFFETZ) each will term ‘‘annual financial statement’’ means agency come into compliance, the head of control 20 minutes. the annual financial statement required the agency shall obligate additional funding, The Chair recognizes the gentleman under section 3515 of title 31, United States in an amount determined by the Director, to from Illinois. Code, or similar provision of law. intensified compliance efforts. (3) COMPLIANCE.—The term ‘‘compliance’’ (B) FUNDING.—In providing additional fund- GENERAL LEAVE means that the agency— ing described under subparagraph (A), the Mr. DAVIS of Illinois. Mr. Speaker, I (A) has published an annual financial head of an agency shall use any reprogram- ask unanimous consent that all Mem- statement for the most recent fiscal year ming or transfer authority available to the bers may have 5 legislative days in and posted that report and any accom- agency. If after exercising that reprogram- which to revise and extend their re- panying materials required under guidance ming or transfer authority additional fund- marks. of the Office of Management and Budget on ing is necessary to obligate the full level of The SPEAKER pro tempore. Is there the agency website; funding determined by the Director of the objection to the request of the gen- (B) if required, has conducted a program Office of Management and Budget under sub- specific risk assessment for each program or paragraph (A), the agency shall submit a re- tleman from Illinois? activity that conforms with section 2(a) the quest to Congress for additional reprogram- There was no objection. Improper Payments Information Act of 2002 ming or transfer authority. Mr. DAVIS of Illinois. Mr. Speaker, I (31 U.S.C. 3321 note); and (3) REAUTHORIZATION AND STATUTORY PRO- yield myself such time as I may con- (C) if required, publishes improper pay- POSALS.—If an agency is determined by the sume. ments estimates for all programs and activi- Inspector General of that agency not to be in Mr. Speaker, the Office of Manage- ties identified under section 2(b) of the Im- compliance under subsection (b) for more ment and Budget recently reported proper Payments Information Act of 2002 (31 than 3 consecutive fiscal years for the same that the Federal Government made $98 U.S.C. 3321 note) in the accompanying mate- program or activity, the head of the agency billion in improper and overpayments rials to the annual financial statement; shall, not later than 30 days after such deter- last year. This is a staggering amount (D) publishes programmatic corrective ac- mination, submit to Congress— tion plans prepared under section 2(c) of the (A) reauthorization proposals for each pro- and completely unacceptable. No fam- Improper Payments Information Act of 2002 gram or activity that has not been in com- ily or business in America would tol- (31 U.S.C. 3321 note) that the agency may pliance for 3 or more consecutive fiscal erate being charged twice or overbilled have in the accompanying materials to the years; or for anything, and neither should our annual financial statement; (B) proposed statutory changes necessary government. (E) publishes improper payments reduction to bring the program or activity into compli- We need to do everything we can to targets established under section 2(c) of the ance. ensure that the government spends Improper Payments Information Act of 2002 (d) COMPLIANCE ENFORCEMENT PILOT PRO- every tax dollar in the most respon- (31 U.S.C. 3321 note) that the agency may GRAMS.— have in the accompanying materials to the (1) IN GENERAL.—The Director of the Office sible way possible. In fact, we have an annual financial statement for each program of Management and Budget may establish 1 obligation to the taxpayers to fight assessed to be at risk, and is meeting such or more pilot programs which shall test po- waste, fraud and abuse and to ensure targets; and tential accountability mechanisms with ap- that if the government overpays for (F) has reported an improper payment rate propriate incentives and consequences tied something, it has the means to recover of less than 10 percent for each program and to success in ensuring compliance with this those precious tax dollars. activity for which an estimate was published Act and eliminating improper payments. The bill we’re now considering, S. under section 2(b) of the Improper Payments (2) REPORT.—Not later than 5 years after 1508, the Improper Payments Elimi- Information Act of 2002 (31 U.S.C. 3321 note). the date of enactment of this Act, the Direc- (b) ANNUAL COMPLIANCE REPORT BY INSPEC- tor of the Office of Management and Budget nation and Recovery Act of 2010, will TORS GENERAL OF AGENCIES.—Each fiscal shall submit a report to Congress on the provide the government with the year, the Inspector General of each agency findings associated with any pilot programs means to fulfill this obligation to the shall determine whether the agency is in conducted under paragraph (1). The report taxpayers.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5557 Senate 1508 amends the Improper Mr. CHAFFETZ. Mr. Speaker, I yield stituents understand that the ex- Payments Information Act of 2002 to myself such time as I may consume. changes with the average citizen for a require the head of each Federal agen- Mr. Speaker, I rise in support of Sen- Member of Congress has been let’s just cy to review agency programs and ac- ate bill 1508, the Improper Payments say brisk to say the least. And one of tivities every 3 fiscal years and iden- Elimination and Recovery Act of 2010. the greatest things that the American tify those programs that may be sus- The amount of waste, fraud, and abuse people are upset about is the feeling ceptible to significant improper pay- of taxpayer dollars by Federal agencies that their money is not being handled ments. If agency heads determine that is absolutely staggering. The Office of appropriately, that the dollars and significant overpayments have oc- Management and Budget, the OMB, has cents that the Federal Government is curred, they must then recover them reported that nearly $100 billion is taking from them after they work hard by following the procedures in the act. wasted each year as a result of mis- for every dollar and cent is not being The bill also requires the agencies takes by our Federal agencies when handled in an appropriate way that which make significant improper pay- paying for products and services. Last they feel confident with. ments to implement internal controls year, roughly $98 billion was lost in im- Today we are going to take an action and other procedures to help eliminate proper payments, $98 billion, the result that is a small step. It’s not going to any future improper payments. of fraud or poor financial management. solve the problem, but it is very much Half of this came from Medicare and an indication of the kind of action the b 1040 American people have been demanding. The House passed a companion bill, Medicaid programs alone. Ninety-eight billion dollars is more The fact is it’s time that the bipartisan H.R. 3393, the Improper Payments than double the budget of the Depart- forces in this Congress and in future Elimination Act of 2009, introduced by ment of Homeland Security. At a time Congresses understand that our great- Representative PATRICK MURPHY on when our country is facing record est responsibility and obligation is not April 28, 2010, by a voice vote. S. 1508 to the party leaders of either Repub- has small but important changes from budget deficits, we cannot afford to lose billions of dollars each year to lican or Democrat, but to the tax- the base text in H.R. 3393. S. 1508 payers who pay our salary, but more strengthens the bill by requiring recov- mistakes and fraud. Mr. Speaker, in April of this year, importantly, trust us with their hard- ery audit contractors to report the earned money to use it appropriately fraud they find and to conduct appro- the House passed H.R. 3393, the companion to Senate bill 1508. The Senate and responsibly. priate training on the means and meth- Mr. Speaker, when we talk about this has since made improvements to the ods to do so. S. 1508 also requires the year facing a $1.3 trillion deficit, I legislation that will strengthen our agencies to report to Congress and think that we have got to recognize it’s ability to eliminate improper pay- OMB their actions and plans to address time that we start doing what the ments and recover lost funds. Like the recommendations they receive American people are demanding. End- H.R. 3393, Senate bill 1508 helps prevent from the audit recovery contractors. ing improper payments is the low- S. 1508 provides the Federal Govern- improper payments by requiring agen- hanging fruit right now. Basically, it’s ment with the tools needed to prevent cies to report their corrective action there for the picking. And that’s prob- mistakes and overpayments in the first plans and improper payment reduction ably why we are able to do it today. place, and recover funds that are paid targets used to remedy their payment Frankly, according to the Office of in error. It makes Federal agencies error problems, lowers the reporting Management and Budget, we are talk- more accountable for properly man- threshold for improper payments, and ing about approximately $98 billion. aging taxpayer funds. The bill requires expands the use of recovery auditing by Now, $98 billion seems to be an ab- agencies to develop and report correc- requiring that all agencies with out- stract, but consider the fact that that tive action plans based on measured lays of more than $1 million perform is almost twice what we spend on the error rates, and creates incentives for recovery audits on their programs and homeland security budget. We talk meeting their goals and penalties for activities to increase the recovery of about defending our neighborhoods, failure. Importantly, the bill also gives overpayments. trying to secure our borders, trying to the agency the means to go after the Senate bill 1508 strengthens H.R. 3393 make sure terrorism stays out of our funds they have overpaid, which will by requiring additional reporting and communities, we talk a lot about that. make the taxpayer, agencies, pro- training related to fraud, and ensures But when we recognize that we are now grams, and activities which relied on that agencies take action to mitigate giving away, wrongly, twice as much those appropriations whole. overpayment vulnerabilities by requir- money as we spend on our own home- We are living in a time when our gov- ing agencies to report to the OMB and land security, I think the American ernment is living under extreme fiscal the Congress on the measures that they people have a reason to be outraged, demands, and we need to do everything are taking. and justifiably so. possible to ensure that every tax dollar Mr. Speaker, I urge all of my col- By working in a bipartisan manner, goes to where it is needed. To ensure leagues to support this important piece we have been able to get the Senate to this takes place, we need to provide our of legislation to help stop the waste, cooperate and craft a solution for this Federal agencies with the tools to fraud, and abuse of the taxpayer dol- long-standing problem. And frankly, I properly manage their spending. We lars. We should expect nothing less. think our bill really does set the goal also need to give the agencies the abil- Mr. Speaker, I yield such time as he that we should try to follow, and that ity to follow through with their over- may consume to one of the key people is, let’s find out how much more we can sight and provide them with the ability in the development of this legislation, cooperate, how many more dollars we to recover erroneous payments. How- my colleague from California (Mr. can save, and how much more credi- ever, we cannot stop there. We must do BILBRAY). bility we can finally start bringing everything we can to ensure that Fed- Mr. BILBRAY. I would like to thank back to this body from the American eral agencies that make improper pay- the gentleman from Utah for yielding. people, for the American people. Our ments fix the problems that allowed Mr. Speaker, I enjoyed working with bill is endorsed by the budget watchdog the improper payments in the first PATRICK MURPHY, the gentleman from organizations liked the National Tax- place. Pennsylvania, developing this bill, payers Union and the Council on Citi- I would like to thank Representa- really looking at creating a trans- zens Against Government Waste. tives MURPHY, BILBRAY, TOWNS, and parent process so the American people Mr. Speaker, I have the privilege of ISSA for working together in a truly bi- can finally see what they have been serving as the ranking member for the partisan manner to get this important telling Washington for a long time ex- Subcommittee on Procurement. I not piece of legislation enacted into law. S. isted. only strongly ask my colleagues to 1508 is a commonsense, good govern- While this is a small step, it is a good support this bill, but I would like to ment bill, and I encourage my col- example of what the American people leave you with a question, a question leagues to join me in supporting it. have been demanding over the years, for Republicans and Democrats, but Mr. Speaker, I reserve the balance of but especially just recently. I think all most importantly a question the Amer- my time. of us that go home and talk to our con- ican people would like to ask. And that

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5558 CONGRESSIONAL RECORD — HOUSE July 14, 2010 is, how much more could we save if this Act, is a bipartisan, commonsense solu- Mr. CHAFFETZ. Mr. Speaker, I yield Congress was brave enough to look tion to cut waste from the Federal back the balance of my time. deeper into our budget and our expend- budget and streamline the payment Mr. DAVIS of Illinois. Mr. Speaker, itures? How much more could we be systems of Federal agencies. my father always taught us that a saving for the taxpayer or providing to Mr. Speaker, I know the American penny saved was a penny earned. And, the citizens if we were brave enough to people would be horrified to learn that of course, if it’s good enough for our really audit our own books the way we every day the Federal Government ei- families, it certainly is good enough expect the private sector and citizens ther overpays or pays twice the for our national government. to do every year? amount for products and services than I compliment the gentleman on the If we only had the bravery to look in they need to. In fiscal year 2009 alone, development of an excellent piece of and find the truth and take action on Federal agencies made nearly $98 bil- legislation. I urge its passage. it, I think that when we go back to our lion in improper payments. These im- Mr. Speaker, I yield back the balance districts there would be a different wel- proper payments occur as a result of of my time. come, a different type of response. And fraud or from poor financial manage- The SPEAKER pro tempore. The frankly, I think the response we have ment systems that do not detect or question is on the motion offered by received in the past is one that we have prevent mistakes before Federal dol- the gentleman from Illinois (Mr. deserved. Hopefully, we will earn the lars are already out the door. DAVIS) that the House suspend the right to deserve a more positive re- This bill, our bill, will help identify, rules and pass the bill, S. 1508. sponse from the constituents when we reduce, and eliminate these improper The question was taken. take this action and follow it up with payments. It will cut fraud and abuse The SPEAKER pro tempore. In the more concrete action to make sure by requiring agencies to develop action opinion of the Chair, two-thirds being that we do maintain the trust. plans to avoid improper payments. in the affirmative, the ayes have it. So again, I ask Congress let’s take Mr. Speaker, I think now is the time Mr. DAVIS of Illinois. Mr. Speaker, this as a first step. I appreciate the that we must demand higher levels of on that I demand the yeas and nays. support from my colleague from his fiscal management and accountability The yeas and nays were ordered. great State to be able to say let’s work from each Federal agency. There needs The SPEAKER pro tempore. Pursu- together, let’s make the move, but let’s to be repercussions of money misspent ant to clause 8 of rule XX and the stop being in denial that there isn’t and wasted. That is why this legisla- Chair’s prior announcement, further more that Congress ought to do to tion contains strong measures to hold proceedings on this motion will be maintain the integrity of our budget those in power accountable for failing postponed. process. the American taxpayer. And perhaps Mr. DAVIS of Illinois. Mr. Speaker, most importantly, this legislation f at this time I yield such time as he would force the Federal Government to DAVID JOHN DONAFEE POST may consume to one of the persons who reclaim more money that was improp- OFFICE BUILDING worked extremely hard to bring this erly sent out. Mr. DAVIS of Illinois. Mr. Speaker, I legislation to the floor and to craft a My bill ensures that the Federal Gov- move to suspend the rules and pass the very excellent piece of legislation, Rep- ernment holds itself to the same stand- bill (H.R. 5390) to designate the facility resentative MURPHY. ard of fiscal responsibility as any hard- of the United States Postal Service lo- Mr. PATRICK J. MURPHY of Penn- working household or any business cated at 13301 Smith Road in Cleveland, sylvania. I thank the gentleman from would across America and in my home Ohio, as the ‘‘David John Donafee Post Illinois for the time. district in Bucks County, Pennsyl- Office Building’’. Mr. Speaker, I do want to thank my vania. It will save the American tax- The Clerk read the title of the bill. colleague from the other side of the payers billions of dollars that would The text of the bill is as follows: aisle, Republican Representative BRIAN otherwise be lost. H.R. 5390 BILBRAY from California, for You know, Mr. Speaker, we already partnering with me on this bipartisan know that this legislation will work by Be it enacted by the Senate and House of Rep- bill for commitment to fiscal responsi- setting stricter targets for reducing resentatives of the United States of America in Congress assembled, bility. I also want to thank the other and recovering improper payments. SECTION 1. DAVID JOHN DONAFEE POST OFFICE Chamber over in the Senate, specifi- The Office of Management and Budget BUILDING. cally Senator TOM CARPER, for his tire- was able to reduce errors in the food (a) DESIGNATION.—The facility of the less efforts in advancing this legisla- stamp program by a little more than United States Postal Service located at 13301 tion over in the other body, and his Re- half of a percentage point. But those Smith Road in Cleveland, Ohio, shall be publican colleague on this bill, Senator stamps and a fraction of a percent known and designated as the ‘‘David John JOHN MCCAIN. saved the American taxpayer $330 mil- Donafee Post Office Building’’. lion just last year. That’s one little (b) REFERENCES.—Any reference in a law, b 1050 program and one little agency, a half of map, regulation, document, paper, or other Mr. Speaker, this legislation is proof a percentage point. That’s $330 million. record of the United States to the facility referred to in subsection (a) shall be deemed to that good things can happen when That’s $330 million that can go to pay Democrats and Republicans are willing be a reference to the ‘‘David John Donafee off our national debt, to provide tax re- Post Office Building’’. to work together and put their dif- lief to middle class families, or make The SPEAKER pro tempore. Pursu- ferences aside for commonsense meas- critical investments in our future. ant to the rule, the gentleman from Il- ures to get things done for the Amer- With this bill, we can replicate that linois (Mr. DAVIS) and the gentleman ican taxpayer. success in every single Federal agency from Utah (Mr. CHAFFETZ) each will Now, I am so proud that after 2 years and every program within the Federal control 20 minutes. of hard work on this piece of legisla- Government. tion, Mr. BILBRAY and I, after we vote Mr. Speaker, quite frankly, after 2 The Chair recognizes the gentleman on this today in this House because it hard years to get this to this point from Illinois. just passed in the Senate, will be send- today, we all know that this legislation GENERAL LEAVE ing this bill to the President of the is long overdue. The American people Mr. DAVIS of Illinois. Mr. Speaker, I United States for signature and it will are demanding that this kind of action ask unanimous consent that all Mem- become law. In this time of tightened from our government today will hap- bers may have 5 legislative days in belts and strained budgets, it is more pen, and it’s about time. which to revise and extend their re- important than ever to get our fiscal So I want to thank Mr. BILBRAY. I marks. house in order and to eliminate waste want to thank Chairman TOWNS and The SPEAKER pro tempore. Is there from our system and make sure that Ranking Member DARRELL ISSA. I urge objection to the request of the gen- we earn the trust of the American tax- my colleagues to vote ‘‘yes,’’ and fi- tleman from Illinois? payer. nally, after years of hard work, that we There was no objection. Mr. Speaker, my bill, the Improper pass this legislation on behalf of the Mr. DAVIS of Illinois. Mr. Speaker, I Payments Elimination and Recovery American taxpayer. yield such time as he may consume to

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5559 the author of this legislation, the gen- Padua High School hockey games, or from Day after he was hit by a car as he crossed tleman from Cleveland, Ohio, Rep- the Friday night beer-and-bull session with the street while delivering mail. resentative KUCINICH. his buddies at the Brew Kettle Taproom & Since the accident, Donafee, a hairstylist, Mr. KUCINICH. I thank my colleague Smokehouse in Strongsville. has had to raise her two teenage sons with- ‘‘It was like ‘Cheers,’ ’’ said Donafee’s wife, out their dad. His postal brethren, family and all Members for their support of Sandi. ‘‘My husband was kind of the life of and friends have worked to help them this bill: Mr. DAVIS, Mr. CHAFFETZ, and the party, but in a quiet, gentle way.’’ through the grieving process. my colleague Ms. SUTTON. That all changed on a gloomy Valentine’s ‘‘I feel like this has been one big nightmare Mr. Speaker, I am proud to offer Day this year. Donafee, a postman for 14 that I haven’t been able to wake up from,’’ today H.R. 5390, which renames the years, was making his rounds about noon said Donafee, as she looked at a two-sided post office located at 13301 Smith Road when he was struck by a car and killed while valentine she placed on a telephone pole. It in Cleveland, Ohio, as the ‘‘David John crossing York Road near Valley Forge High reads ‘‘Recklessness took my love.’’ Donafee Post Office Building.’’ I would School in Parma Heights. The driver, a 19- The valentine includes a photo of the cou- year-old Cleveland man, was questioned. No ple smiling. like to thank Chairman LYNCH for his charges have been filed, and the accident re- Police said David Donafee, a 42-year-old fa- efforts to bring H.R. 5390 to the floor of mains under investigation. ther of two, was hit by Jeff Kluter, 19, as he the House. Donafee, of Brunswick, is survived by his crossed York near Independence Street. David John Donafee was a lifelong wife, Sandi, and sons, Derek, 15, and Liam, Donafee was not in a crosswalk. northeast Ohioan who committed his 11. His death also left a void in the youth- Kluter was arraigned on misdemeanor ag- life to family and community. He was hockey community, with his postal-worker gravated vehicular homicide charges in No- born and raised in Brook Park, Ohio, colleagues and with his friends at the Brew vember. Kluter has a pretrial hearing sched- and graduated from Polaris High Kettle, who remember him as a fun and con- uled for Monday. vivial companion. School in Berea. If convicted, he faces up to six months in ‘‘He was one of the happiest, most positive jail and a fine of up to $1,000. He served northeast Ohio as a postal people I’ve ever met,’’ said the Brew Kettle’s Messages left for Kluter were not returned carrier for 14 years. His coworkers owner, Chris McKim. ‘‘When the world loses this week. Donafee’s family and friends are knew David for his geniality and posi- a grouch, it’s sad. When it loses a guy like upset because they feel the Cleveland man tive spirit, his sense of humor and will- Dave, a guy who was always upbeat and al- should face more time in jail. Sandi Donafee ingness to go out of his way for anyone. ways on his A-game, it’s a tragedy.’’ also wants Parma Heights City Council to One coworker remarked, ‘‘He was the The different forces that helped define reduce the 35 mph speed limit to 25 mph be- guy that made the place a little bet- Donafee’s life—good friends, good music, cause it’s near Valley Forge High School and good beer—are coming together Saturday for Cuyahoga Community College. ter.’’ an event designed to honor his memory and David was well known in the local Eric Donafee, 51, said the family will for- help his family. McKim has organized the ever be heartbroken. hockey community for his support of first Southwest Brewfest, a charity craft- He said his kid brother left the steel indus- and involvement in his son’s youth beer festival at the Chalet near the Cleve- try in his mid-20s to become a postal worker hockey league. He announced and land Metroparks’ toboggan chutes in the because he thought of it as a safer career. scored the games. He was the ‘‘heart of Mill Stream Run Reservation in all of the teams,’’ according to his wife, Strongsville. [From cleveland.com, Feb. 15, 2009] The festival will feature beer from brewers Sandi. A CRACKED HEART MARKS BRUNSWICK in Cleveland’s southern and western suburbs: WOMAN’S VALENTINE PAIN Mr. Speaker, on February 14, 2008, Brew Kettle, Rocky River Brewing Co., Cor- Valentine’s Day, David Donafee was nerstone Brewing Co. and Buckeye Brewing. (By John Kroll, The Plain Dealer) walking his mail route in Parma Musicians David Fayne, Woody Leffel and PARMA HEIGHTS.—Sandi Donafee left a Heights, Ohio. He was delivering the the Armstrong Bearcat Band will provide the hand-made Valentine Tuesday on York Road mail to people on his route just like he soundtrack to the event, which takes place for her husband—a cracked heart. did every other day, but this day was from 1 to 7 p.m. The $30 ticket will include As cars drove by the poster-size card, a different. He was struck by a car while a commemorative glass along with 10 four- tear rolled down the cheek of the 43-year-old ounce beer samples. Brunswick woman’s face. in the line of his duties as a postal Proceeds will help the Donafee family with This is where her husband David Donafee, worker, as a mail carrier, and he was Derek’s $8,300 annual tuition at Padua, a a U.S. postal worker, was killed last Valen- killed. His tragic death resounded in Catholic preparatory school in Parma tine’s Day after he was hit by a car as he the community and resounded with his Heights. crossed the street while delivering mail. coworkers. The annual event will also help send Liam, Since the accident, Donafee, a hair stylist, He left behind his wife, Sandi, and now a sixth-grader, to Padua. Leftover has had to raise her two teen-age sons with- their two sons, Derek and Liam. And money will go directly to Padua to benefit out their dad. His postal brethren, family my thoughts and the thoughts of the other students. and friends have worked to help them That would have meant a lot to Donafee, people in the community continue to through the grieving process. who said Derek’s experience at Padua turned ‘‘I feel like this has been one big nightmare be with the Donafee family as they ad- around his son’s academic career, according that I haven’t been able to wake up from,’’ just to life without their beloved to McKim, himself a Padua graduate. said Donafee, as she looked at a two-sided David. Donafee’s death didn’t escape the notice of Valentine she placed on a telephone pole In honoring David John Donafee by the powers-that-be. Earlier this year, U.S. that says ‘‘Recklessness took my love.’’ naming a post office building after Rep. Dennis Kucinich paid tribute to the The Valentine includes a photo of the cou- him, we actually honor all of those who mail carrier on the floor of the House. Sandi ple smiling. deliver the mail, showing that when Donafee has the congressman’s words in- Police said that Donafee, a 42-year-old fa- scribed on a plaque in her living room. something like an unexpected tragedy ther of two, was hit by Jeff Kluter, 19, as he ‘‘May his life be an example of how we crossed York near Independence Street. happens, that this Congress does appre- should lead our own,’’ Kucinich told col- Donafee was not in a crosswalk. ciate the work of those who make it leagues. Kluter was arraigned on misdemeanor ag- possible for the commerce of the coun- And what would the genial mailman have gravated vehicular homicide charges in No- try to move by virtue of the mail. thought of all the attention? vember. Kluter has a pre-trial hearing sched- ‘‘It would have made Dave smile,’’ McKim uled for Monday. b 1100 said with a chuckle. If convicted, he faces up to six months in So I ask my colleagues to join me in jail and fine of up to $1,000. celebrating the life of David John [From cleveland.com, Feb. 14, 2009] Messages left for Kluter were not returned Donafee and honoring his legacy. I urge WIDOW SANDI DONAFEE OF BRUNSWICK this week. Donafee’s family and friends are MOURNS HUSBAND, DAVID, WHO WAS KILLED passage of H.R. 5390. upset because they feel the Cleveland man ON VALENTINE’S DAY should face more time in jail. Sandi Donafee [From cleveland.com, Sept. 4, 2008] (By Stan Donaldson, Plain Dealer Reporter) also wants Parma Heights City Council to SOUTHWEST BREWFEST TO BENEFIT FAMILY OF PARMA HEIGHTS.—Sandi Donafee left a reduce the 35 mph speed limit to 25 mph be- DECEASED LETTER CARRIER DAVID DONAFEE handmade valentine Tuesday on York Road cause it’s near Valley Forge and Cuyahoga (By Damon Sims) for her husband—a cracked heart. Community College. Neither snow nor rain nor gloom of night As cars drove by the poster-size card, a Eric Donafee, 51, said the family will for- kept David Donafee from his appointed tear rolled down the cheek of the 43-year-old ever be heartbroken. He said his kid brother rounds. Brunswick woman’s face. left the steel industry in his mid 20s to be- Nor could a little foul weather keep the 42- This is where her husband, David, a U.S. come a postal worker because he thought of year-old letter carrier from scoring his son’s postal worker, was killed last Valentine’s it as a safer career.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5560 CONGRESSIONAL RECORD — HOUSE July 14, 2010 ‘‘It happened because [the driver] was neg- An active member of his community, ment Reform, I rise in support of H.R. ligent,’’ his brother said. ‘‘He broke a lot of Mr. Donafee was very involved with his 5390, a bill designating the facility of hearts and it isn’t right.’’ town of Brunswick’s youth hockey the United States Postal Service lo- His sister-in-law also wants justice. ‘‘I have tried in my heart to forgive him league. cated at 13301 Smith Road in Cleveland, but I am not there yet,’’ Donafee said. ‘‘I Mr. Donafee was born on April 29, Ohio, as the David John Donafee Post look at what my boys and I lost . . . it is too 1965, in Parma, Ohio. He leaves behind Office Building. hard.’’ his wife, Sandi, of almost 18 years, and H.R. 5390 was introduced by my col- At the accident site, Donafee was sur- his two teenage sons, Derek and Liam. league, the gentleman from Ohio, Rep- rounded by some of her husband’s former co- Our heart goes out to this family. resentative DENNIS KUCINICH, on May workers from the Middleburg Heights post Mr. Speaker, it is proper that we pass 25, 2010. It was referred to the Com- office branch where he had worked for 14 this resolution to honor the memory of years. They stood at the makeshift memorial mittee on Oversight and Government and shared stories. David John Donafee. I call on all Mem- Reform, which ordered it reported fa- In September, friends held a benefit in bers of this House to support this vorably by unanimous consent on June Strongsville that raised money for his sons— measure and hope they know that 7, 2010. The measure has the bipartisan ages 16 and 11—to attend Padua, a Catholic members of the postal community, the support of 17 Members of the Ohio dele- prep school in Parma. Members from the greater postal community, those who gation. post office will lay a wreath at his grave work and serve every day in their lives, Mr. David John Donafee was a letter today—the family isn’t emotionally ready to if by this small gesture we can remem- carrier for the United States Postal go back just yet. ‘‘This shouldn’t be a part of the job,’’ said ber them and give some degree of com- Service for 14 years. An active member Paul Hunt, who worked with Donafee for fort to that family and that we always of his community, Mr. Donafee volun- more than 10 years. ‘‘You shouldn’t have to remember them. teered with the youth hockey league in worry about getting hit by a car.’’ I yield back the balance of my time, his town of Parma, Ohio. Tragically, he Mr. CHAFFETZ. Mr. Speaker, I yield Mr. Speaker. passed way on February 14, 2008, at the myself such time as I may consume. Mr. DAVIS of Illinois. Mr. Speaker, I age of 42, after being struck by the I rise today in support of H.R. 5390 to yield such time as she may consume to driver of a car while delivering mail on designate the facility of the United the gentlewoman from Ohio, Rep- his regular route. He is survived by his States Postal Service located at 13301 resentative BETTY SUTTON. wife, Sandi, and two sons, Derek and Smith Road in Cleveland, Ohio, as the Ms. SUTTON. I thank the gentleman Liam. David John Donafee Post Office Build- for the time, and I thank my colleague, Mr. Speaker, Mr. Donafee’s untimely ing. Congressman KUCINICH, for his efforts death during the course of his duties as I appreciate the good work that my and leadership on this legislation. a letter carrier is deeply saddening. Let colleague Mr. KUCINICH has done on David John Donafee was a 42-year-old us now pay tribute to this man’s life this and his heartfelt and sincere ap- letter carrier for the U.S. Postal Serv- through the passage of H.R. 5390. I urge proach to recognizing this great gen- ice who lived in the congressional dis- my colleagues to join me in supporting tleman and the tragic situation but trict that I am so honored to serve. He it. also the great life that he led. lived in Medina County, Ohio, in the I yield back the balance of my time. Mr. Speaker, it is altogether fitting city of Brunswick; and, sadly, David The SPEAKER pro tempore. The and proper that we honor Mr. Donafee was crossing the street while walking question is on the motion offered by by naming this post office in Cleveland his route when he was fatally hit by a the gentleman from Illinois (Mr. for him. It was out of this post office car on February 14, 2008. DAVIS) that the House suspend the that he was based. David was a devoted husband, a fa- rules and pass the bill, H.R. 5390. On February 14, Valentine’s Day, ther, a son, a brother, a brother-in-law The question was taken; and (two- 2008, David Donafee was delivering the and uncle; and he was very involved in thirds being in the affirmative) the mail on foot along his usual route in the community in children’s hockey. rules were suspended and the bill was Parma Heights, Ohio, only minutes For 14 years, David delivered the passed. from the post office on Smith Road. As mail; and to paraphrase the U.S. Postal A motion to reconsider was laid on he was crossing York Road near Inde- Service’s motto, he went about his life the table. pendence Boulevard, Mr. Donafee was with duty, honor, and pride. Neither f struck and killed by a vehicle driving snow, nor rain, nor heat, nor gloom of MESSAGE FROM THE SENATE recklessly down the street. night, nor the winds of change, nor a Tragically, the 42-year-old husband Nation challenged stayed David from A message from the Senate by Ms. and father of two was run over only the swift completion of his appointed Curtis, one of its clerks, announced blocks from the post office to be named rounds. But tragically, a reckless driv- that the Senate has passed without in his memory. Mr. Donafee was killed er did. amendment a bill of the House of the on a route that is notorious among Our hearts remain with Sandi, his following title: local mail carriers for dangerous driv- wife, his children, and the entire H.R. 5502. An act to amend the effective ers. I hope that the tragic cir- Donafee family. David’s death was a date of the gift card provisions of the Credit cumstances of Mr. Donafee’s death will tragedy that should not have happened. Card Accountability Responsibility and Dis- serve as a call for safer driving on all While we are honoring his life by nam- closure Act of 2009. roads across our country. ing the post office after him, as it f Prior to his career of delivering mail, should be, we also have a duty to re- CLARENCE D. LUMPKIN POST Mr. Donafee had worked in a Cleveland mind drivers to yield to pedestrians OFFICE area steel mill which he had told fam- crossing the street. We know that this Mr. DAVIS of Illinois. Mr. Speaker, I ily members he felt was too dangerous small gesture will not close the hole in move to suspend the rules and concur of a place to work. His older brothers the Donafee family’s hearts, but we in the Senate amendments to the bill recall that David took the job in the want them to know that we care and (H.R. 4840) to designate the facility of post office so that he could have a safer we appreciate all that he did for our the United States Postal Service lo- place to work. Sadly, the 14-year vet- community. He connected us, one with cated at 1979 Cleveland Avenue in Co- eran of the postal service couldn’t es- another. lumbus, Ohio, as the ‘‘Clarence D. cape the danger he had tried to get way With this post office naming, we will Lumpkin Post Office’’. from. remind people of David’s noble service, The Clerk read the title of the bill. Mr. Donafee is remembered by his and we will remind each other of our The text of the Senate amendments wife as a great father and by coworkers obligation to look out one for another. is as follows: as a generous man who ‘‘would do any- Mr. DAVIS of Illinois. Mr. Speaker, I Senate amendments: thing for you.’’ He had a wonderful yield myself such time as I may con- On page 2, line 3, strike ‘‘1979’’ and insert sense of humor, and according to fellow sume. ‘‘1981’’. mail carriers, he was the guy that Mr. Speaker, on behalf of the House Amend the title so as to read: ‘‘An Act to made the place a little better. Committee on Oversight and Govern- designate the facility of the United States

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5561 Postal Service located at 1981 Cleveland Ave- Mr. Speaker, I rise today in support Mr. DAVIS of Illinois. Mr. Speaker, I nue in Columbus, Ohio, as the ‘Clarence D. of H.R. 4840, designating the United yield such time as she may consume to Lumpkin Post Office’.’’. States Postal Service located at 1981 the gentlewoman from Los Angeles, The SPEAKER pro tempore. Pursu- Cleveland Avenue in Columbus, Ohio, California (Ms. WATSON), the author of ant to the rule, the gentleman from Il- as the Clarence D. Lumpkin Post Of- this legislation. linois (Mr. DAVIS) and the gentleman fice. Ms. WATSON. Mr. Speaker, I rise from Utah (Mr. CHAFFETZ) each will Mr. Speaker, H.R. 4840 was passed by today in support of H.R. 5450. I would control 20 minutes. this body on March 21, 2010, by a vote also like to thank the members of the The Chair recognizes the gentleman of 420–0. The bill was originally passed California delegation for supporting from Illinois. with an incorrect street number in the this bill. GENERAL LEAVE address. With the address now accurate H.R. 5450 would designate a Post Of- Mr. DAVIS of Illinois. Mr. Speaker, I and the correction being made, I fully fice in my district located at 3894 ask unanimous consent that all Mem- support the passage of H.R. 4840. I urge Crenshaw Boulevard in Los Angeles, bers may have 5 legislative days in all Members to join me in supporting California, as the Tom Bradley Post Of- which to revise and extend their re- this bill. fice Building. marks. Mr. Speaker, I have no further re- Tom Bradley served as the mayor of The SPEAKER pro tempore. Is there quests for time, and I yield back the Los Angeles for an unprecedented 20 objection to the request of the gen- balance of my time. years, as a city councilman for 10 tleman from Illinois? Mr. DAVIS of Illinois. Mr. Speaker, I years, and as a Los Angeles police offi- There was no objection. yield back the balance of my time. cer for 21 years. Tom Bradley, the son Mr. DAVIS of Illinois. Mr. Speaker, I The SPEAKER pro tempore. The of sharecroppers and the grandson of a yield myself such time as I may con- question is on the motion offered by former slave, was born on December 29, sume. the gentleman from Illinois (Mr. 1917, to Lee and Crenner Bradley in Mr. Speaker, on behalf of the House DAVIS) that the House suspend the Calvert, Texas. In 1924, the Bradleys Committee on Oversight and Govern- rules and concur in the Senate amend- moved to Los Angeles near Temple and ment Reform, I rise in support of H.R. ments to the bill, H.R. 4840. Alvarado Streets. 4840, a bill designating the United The question was taken; and (two- A young Tom Bradley attended Poly- States postal facility located at 1981 thirds being in the affirmative) the technic High School, where he starred Cleveland Avenue in Columbus, Ohio, rules were suspended and the Senate in track and was an all-city football as the Clarence D. Lumpkin Post Of- amendments were concurred in. player. Upon graduating from high fice. A motion to reconsider was laid on school in 1937, Bradley attended the H.R. 4840 was introduced by my col- the table. University of California at Los Angeles league, the gentleman from Ohio, Rep- f on a track scholarship. During his jun- resentative PATRICK TIBERI, on March ior year at UCLA, Bradley dropped out TOM BRADLEY POST OFFICE 12, 2010. It was referred to the Com- to attend the Los Angeles Police Acad- BUILDING mittee on Oversight and Government emy. Reform, which reported it by unani- Mr. DAVIS of Illinois. Mr. Speaker, I After becoming a police officer in mous consent on March 18, 2010. move to suspend the rules and pass the 1940 and serving many years in the de- bill (H.R. 5450) to designate the facility partment, Tom Bradley would rise to b 1110 of the United States Postal Service lo- the rank of lieutenant, which was the The measure passed the Senate with cated at 3894 Crenshaw Boulevard in highest rank for an African American an amendment correcting the address Los Angeles, California, as the ‘‘Tom at that time. by unanimous consent on May 25, 2010. Bradley Post Office Building’’. While working for the Los Angeles It has bipartisan support from 17 mem- The Clerk read the title of the bill. Police Department, Bradley studied at bers of the Ohio delegation. The text of the bill is as follows: night at Southwestern University Mr. Clarence Lumpkin was born in H.R. 5450 School of Law and received his law de- 1925 and spent years as a community Be it enacted by the Senate and House of Rep- gree in 1956. He later passed the State activist in Columbus, Ohio. He is also resentatives of the United States of America in bar, and in 1961 he would leave the affectionately referred to as the Congress assembled, LAPD to practice law. ‘‘Mayor of Linden,’’ a neighborhood in SECTION 1. TOM BRADLEY POST OFFICE BUILD- In 1963, Tom Bradley, along with the northeastern part of the city. ING. Billy Mills, would become the first Af- Among his many accomplishments, (a) DESIGNATION.—The facility of the rican Americans elected to the Los An- Mr. Lumpkin has helped the Commu- United States Postal Service located at 3894 geles City Council. Bradley would serve nity Development Block Grant Task Crenshaw Boulevard in Los Angeles, Cali- fornia, shall be known and designated as the on the City Council until the year 1972. Force, persuaded the city to separate ‘‘Tom Bradley Post Office Building’’. During his tenure on the City Council, storm and sanitation sewers to stop (b) REFERENCES.—Any reference in a law, he would speak out against racial seg- basement flooding, led antidrug map, regulation, document, paper, or other regation within the LAPD, as well as marches throughout Columbus, made record of the United States to the facility re- the department’s handling of the Watts Linden the first inner-city community ferred to in subsection (a) shall be deemed to riots in 1965. with lights on every residential street, be a reference to the ‘‘Tom Bradley Post Of- In 1969, Tom Bradley first challenged and improved the Linden area by in- fice Building’’. incumbent mayor Sam Yorty. Armed cluding the Point of Pride concept that The SPEAKER pro tempore. Pursu- with key endorsements, Bradley held a was first shared by city leaders in a ant to the rule, the gentleman from Il- substantial lead over Yorty in the pri- speech given in 1974. linois (Mr. DAVIS) and the gentleman mary, but was a few percentage points Before moving to Linden, Mr. from Utah (Mr. CHAFFETZ) each will shy of winning the race outright. How- Lumpkin served in the United States control 20 minutes. ever, in the runoff, Yorty pulled an Army and is a veteran of World War II. The Chair recognizes the gentleman amazing come-from-behind victory to Mr. Speaker, Clarence Lumpkin has from Illinois. win reelection, primarily because he spent his life serving his community GENERAL LEAVE played racial politics. and his country doing everything he Mr. DAVIS of Illinois. Mr. Speaker, I In 1973, Tom Bradley would unseat could to improve the lives of his fellow ask unanimous consent that all Mem- Sam Yorty to become Los Angeles’ citizens. I urge my colleagues to join bers may have 5 legislative days in first African American mayor and the me in honoring this great American by which to revise and extend their re- second African American to be mayor supporting this resolution. marks. of a major United States city. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Is there During Tom Bradley’s tenure as my time. objection to the request of the gen- mayor, Los Angeles overtook San Mr. CHAFFETZ. Mr. Speaker, I yield tleman from Illinois? Francisco as the financial capital of myself such time as I may consume. There was no objection. the State and much of the West. The

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5562 CONGRESSIONAL RECORD — HOUSE July 14, 2010 City of Los Angeles sprouted a skyline Speaker, it is altogether fitting and successfully brought civilian control of new and impressive office buildings, proper that we name this for the late over the Los Angeles Police Depart- and with a booming international air- Mayor Tom Bradley, a man who tirement. port and Port of Los Angeles, the city lessly and selflessly served the citizens Aside from the economic develop- became a transportation hub and gate- of Los Angeles, and who truly embodies ment and skyline of new and impres- way to the Pacific rim. the quintessential American success sive buildings in downtown Los Ange- In 1982, as the Democratic Party story. les, many would argue that Mayor nominee, Tom Bradley lost the race for Born in Calvert, Texas, on December Bradley’s greatest accomplishment California governor to George 29, 1917, Mayor Bradley was the son of surrounded the 1984 Summer Olympics Deukmejian by less than 1 percentage sharecroppers and the grandson of a hosted in Los Angeles. Amid much point of the vote. The racial dynamics slave. In 1924, he moved to Los Angeles, skepticism, Mayor Bradley was able to that appeared to underlie his narrow where he was raised by his single moth- not only bring the games to Los Ange- and unexpected loss in 1982 gave rise to er and excelled in school and athletics. les, but he helped make them a huge the political term ‘‘the Tom Bradley Upon graduation from high school, success. Los Angeles received fame and effect.’’ Mayor Bradley attended the University publicity. And when the games left In 1984, amid a chorus of people pre- of California at Los Angeles, or UCLA, town, Los Angeles had a $250 million dicting disaster, Tom Bradley cham- where he ran track and field, as well as surplus that evidently continues to pioned Los Angeles as the host of the achieving multiple records, and even- grow. After serving five terms as Summer Olympics. The games were a tually became the team captain. When mayor, Tom Bradley resigned in 1993. huge success, bringing the city not he graduated from UCLA in 1940, He was the city’s longest-serving only great publicity, but a $250 million Mayor Bradley joined the Los Angeles mayor. surplus, and I am happy to announce Police Department and eventually was Tragically, in 1996, Mayor Bradley that that surplus has grown and it still promoted to the rank of lieutenant. He suffered a debilitating stroke that left remains around $300 million. was the first African American in the him partially paralyzed and not able to Tom Bradley’s most difficult mo- department’s history to attain that speak. Then, on September 29, 1998, ments as mayor came in the last years rank. While working for the LAPD, Mr. Mayor Bradley passed away after suf- of his tenure. During the 1992 Los An- Bradley attended Southwestern Law fering a heart attack. He was 80 years geles riots, more than 50 people were School at night and graduated in 1956. old. Surviving him was his wife of 57 killed in the civil unrest following the He passed the State Bar of California years, Ethel Arnold Bradley, as well as acquittal of the police officers involved on the first try, and in 1961 resigned his two daughters, Lorraine and Phyl- in the Rodney King beating. from the LAPD so he could practice lis. During a speech in September of 1992 law full time. Mr. Speaker, in closing, I leave this when Bradley announced he would not Mr. Speaker, like so many of us, Tom body with a quote from Mayor Bradley seek a sixth term as mayor, he stated, Bradley entered politics because he upon his resignation as mayor, where ‘‘The April unrest tore at my heart, cared about the community in which he said, ‘‘Let us all, every one of us, and I will not be at peace until we have he resided. In 1949, he volunteered for pledge to make Los Angeles a beacon of healed our wounds and rebuilt our an Los Angeles City Council campaign mutual respect, justice, and tolerance neighborhoods. Let us all, every one of and during his time at the LAPD he be- from this day forward.’’ I firmly be- us, pledge to make Los Angeles a bea- came active in the Democratic Minor- lieve this is a pledge that not only con of mutual respect, justice and tol- ity Conference and the California Angelenos should take, but that all erance from this day forward.’’ Democratic Council. In 1963, he threw Americans should consider. his hat into the political ring and was Mr. Speaker, it is proper that we pass b 1120 elected to the Los Angeles City Coun- this legislation in honor of the memory The words of tolerance, justice, and cil, representing the city’s 10th Dis- of Mayor Tom Bradley, a true Amer- respect were how Tom Bradley lived trict. That year marked the first time ican hero and success story. I urge all his life, governed the city of Los Ange- in the city’s history that an African Members to support this bill. les, and created coalitions with people American was elected to the city coun- Mr. Speaker, I have no further re- from every race, religion, and ethnic cil, Bradley being one of those three. quests for time, and I yield back the background. After winning reelection in 1967, the balance of my time. At the age of 80, Tom Bradley died on always ambitious Bradley ran for Mr. DAVIS of Illinois. Mr. Speaker, I September 29, 1998. He was survived by mayor of Los Angeles in 1969. After yield myself such time as I may con- his late wife, Ethel Bradley, and their winning the primary, Bradley lost in a sume. two daughters, Lorraine and Phyllis. runoff in his bid for mayor to Sam Mr. Speaker, on behalf of the House The city of Los Angeles will never have Yorty. Not discouraged by the outcome Committee on Oversight and Govern- a mayor that served as long as Tom of his first try for mayor, Bradley ran ment Reform, I am pleased to present Bradley and had the type of impact and again in 1973, this time beating Sam H.R. 5450 for consideration. This meas- influence he commanded. For this Con- Yorty. Bradley became the first Afri- ure would designate the facility of the gress to give Tom Bradley this honor can American elected as mayor of Los United States Postal Service located at would be fitting, due to his life’s work Angeles. Mayor Bradley was able to 3894 Crenshaw Boulevard in Los Ange- as a public servant working to bring win by building a multiethnic coalition les California as the ‘‘Tom Bradley justice and prosperity to all citizens of that transcended race and united resi- Post Office Building.’’ Los Angeles. dents from all walks of life. H.R. 5450 was introduced by my col- And I proudly, Mr. Speaker, would Tom Bradley would go on to serve league, the gentlewoman from Cali- like all of you to know Tom Bradley five consecutive terms. During his 20 fornia, Representative DIANE WATSON, followed my father, who was a police years in office, Mayor Bradley did on May 27, 2010. It was referred to the officer in Los Angeles, and he was much for the citizens of Los Angeles. Committee on Oversight and Govern- proud to say that he helped to train Under his stewardship, Los Angeles be- ment Reform, which ordered it re- him. came the financial capital of California ported favorably by unanimous consent Mr. Speaker, I urge my colleagues to and gained international prominence on June 17, 2010. The measure enjoys support H.R. 5450. as the gateway to the Pacific Rim. Not the bipartisan support of 52 members of Mr. CHAFFETZ. Mr. Speaker, I yield only did Bradley promote and expand the California delegation. myself such time as I may consume. international trade and travel through Mr. Speaker, Tom Bradley was born Mr. Speaker, I rise today in support Los Angeles, he improved social serv- on December 29, 1917, in Calvert, Texas. of H.R. 5450, to designate the facility of ices and the lives of those struggling The son of a sharecropper and the the United States Postal Service lo- most in the inner city. Mayor Bradley grandson of former slaves, Mr. Bradley cated at 3894 Crenshaw Boulevard in doubled the number of minorities and achieved many firsts over the course of Los Angeles, California, as the ‘‘Tom women working in City Hall. And his career in Los Angeles, where he Bradley Post Office Building.’’ Mr. though he endured much opposition, he moved with his family as a child. He

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Let us FICIARIES. took night classes at the Southwestern all, every one of us, pledge to make Los An- Effective as if included in the enactment of University School of Law during this geles a beacon of mutual respect, justice and Public Law 111–148, section 3110(a)(2) of such time and received a law degree in 1956. tolerance from this day forward.’’ Act is amended to read as follows: In 1963, he was elected to the Los Ange- Prior to his record five terms as mayor of ‘‘(2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall apply to elec- les City Council and was its first Afri- Los Angeles, Tom Bradley served on the Los can American member. He was also the tions made on and after the date of the en- Angeles City Council from 1963 to 1972. In actment of this Act.’’. city’s first African American mayor as 1963, he and Mr. Billy G. Mills became the SEC. 3. REPEAL OF DELAY OF RUG–IV. well as the longest-serving mayor in first African Americans elected to the City Effective as if included in the enactment of the city’s history, serving from 1974 to Council. The district that he represented was Public Law 111–148, section 10325 of such Act 1994. based around the ethnically diverse Crenshaw is repealed. Mr. Bradley was a physically impos- neighborhood. During his tenure, he spoke out SEC. 4. CLARIFICATION FOR AFFILIATED HOS- ing figure, standing well over 6 feet against racial segregation within the LAPD, as PITALS FOR DISTRIBUTION OF ADDI- tall, but his manner was soft, low-key, well as the department’s mishandling of the TIONAL RESIDENCY POSITIONS. Effective as if included in the enactment of and calming. He helped lead Los Ange- Watts Riots in 1965. les through difficult times, including section 5503(a) of Public Law 111–148, section Growing up in the Los Angeles area, Mayor 1886(h)(8) of the Social Security Act (42 the first energy crisis of 1973 to 1974, Tom Bradley had a positive impact on my life. U.S.C. 1395ww(h)(8)), as added by such sec- and helped to boost economic develop- His service to our community, commitment to tion 5503(a), is amended by adding at the end ment and investment in the city. Fol- social and economic progress, and hard work the following new subparagraph: lowing the riots associated with the to bring about racial reconciliation was an ex- ‘‘(I) AFFILIATION.—The provisions of this Rodney King incident in 1992, Mr. Brad- ample that inspired me to get involved in pub- paragraph shall be applied to hospitals which ley, along with then-Governor Pete lic service. I am grateful for the progress that are members of the same affiliated group (as defined by the Secretary under paragraph Wilson, formed the Rebuild Los Ange- he led in the Los Angeles community. les Task Force, an extensive effort to (4)(H)(ii)) and the reference resident level for Mr. Speaker, it is entirely fitting that we each such hospital shall be the reference revitalize the city. Mr. Bradley also honor and express our national gratitude for resident level with respect to the cost re- formed the Christopher Commission in Mayor Tom Bradley’s record service, during porting period that results in the smallest July of 1991, charging it with con- which time he worked on behalf of millions of difference between the reference resident ducting ‘‘a full and fair examination of Americans and helped fight poverty, inequality, level and the otherwise applicable resident the structure and operation of the Los and social injustice. The U.S. Postal Service limit.’’. Angeles Police Department, including building at 3894 Crenshaw Boulevard will SEC. 5. CONTINUED INCLUSION OF ORPHAN its recruitment and training practices, DRUGS IN DEFINITION OF COVERED honor a great humanitarian, politician, and all OUTPATIENT DRUGS WITH RESPECT internal disciplinary system, and cit- around remarkable individual. Naming a post TO CHILDREN’S HOSPITALS UNDER izen complaint system.’’ office in his honor is the least we can do to THE 340B DRUG DISCOUNT PRO- GRAM. recognize Mayor Tom Bradley’s great con- b 1130 (a) DEFINITION OF COVERED OUTPATIENT And so, Mr. Speaker, Mr. Bradley’s tributions to the Los Angeles community and DRUG.— leadership, vision for his community, our nation. (1) AMENDMENT.—Subsection (e) of section and skill as a conscientious adminis- Mr. Speaker, I urge my colleagues to join 340B of the Public Health Service Act (42 trator are inspirations to us all. Let us me in supporting H.R. 5450. U.S.C. 256b) is amended by striking ‘‘covered entities described in subparagraph (M)’’ and now pay tribute to this great American Mr. DAVIS of Illinois. Mr. Speaker, I have no further requests for time, and inserting ‘‘covered entities described in sub- through the passage of H.R. 5450. I urge paragraph (M) (other than a children’s hos- my colleagues to join me in supporting I yield back the balance of my time. pital described in subparagraph (M))’’. it. The SPEAKER pro tempore. The (2) EFFECTIVE DATE.—The amendment Again, I commend Representative question is on the motion offered by made by paragraph (1) shall take effect as if DIANE WATSON for introducing this leg- the gentleman from Illinois (Mr. included in the enactment of section 2302 of islation. It deserves all of our votes, DAVIS) that the House suspend the the Health Care and Education Reconcili- and I would urge its passage. rules and pass the bill, H.R. 5450. ation Act of 2010 (Public Law 111–152). The question was taken; and (two- (b) TECHNICAL AMENDMENT.—Subparagraph Ms. RICHARDSON. Mr. Speaker, I rise (B) of section 1927(a)(5) of the Social Secu- today in support of H.R. 5450, which honors thirds being in the affirmative) the rity Act (42 U.S.C. 1396r–8(a)(5)) is amended long-time Los Angeles Mayor Tom Bradley by rules were suspended and the bill was by striking ‘‘and a children’s hospital’’ and designating the United States Postal Service passed. all that follows through the end of the sub- located at 3894 Crenshaw Boulevard in Los A motion to reconsider was laid on paragraph and inserting a period. Angeles, California, the ‘‘Tom Bradley Post Of- the table. SEC. 6. MEDICAID AND CHIP TECHNICAL COR- fice Building.’’ H.R. 5450 is an important RECTIONS. (a) REPEAL OF EXCLUSION OF CERTAIN INDI- measure that commends a man who has left f VIDUALS AND ENTITIES FROM MEDICAID.—Sec- a lasting and positive impact on the Los Ange- tion 6502 of Public Law 111–148 is repealed les community and our nation. VETERANS’, SENIORS’, AND CHIL- and the provisions of law amended by such I would like to thank Chairman TOWNS for DREN’S HEALTH TECHNICAL section are restored as if such section had his leadership in bringing this bill to the floor. CORRECTIONS ACT OF 2010 never been enacted. Nothing in the previous I also thank the sponsor of this legislation, sentence shall affect the execution or place- Congresswoman WATSON, for taking the time Mr. STARK. Mr. Speaker, I move to ment of the insertion made by section 6503 of to honor Tom Bradley and his historic con- suspend the rules and pass the bill such Act. tributions to our ration’s social and economic (H.R. 5712) to provide for certain clari- (b) INCOME LEVEL FOR CERTAIN CHILDREN fications and extensions under Medi- UNDER MEDICAID.—Effective as if included in progress. the enactment of Public Law 111–148, section Mr. Speaker, Mayor Tom Bradley did much care, Medicaid, and the Children’s Health Insurance Program. 2001(a)(5)(B) of such Act is amended by strik- to improve the city of Los Angeles during his ing all that follows ‘‘is amended’’ and insert- record five terms as mayor. In his 20 years in The Clerk read the title of the bill. ing the following: ‘‘by inserting after ‘100 office, Los Angeles successfully hosted the The text of the bill is as follows: percent’ the following: ‘(or, beginning Janu- 1984 Olympics and passed Chicago to be- H.R. 5712 ary 1, 2014, 133 percent)’.’’. (c) CALCULATION AND PUBLICATION OF PAY- come the second most populous city in the Be it enacted by the Senate and House of Rep- MENT ERROR RATE MEASUREMENT FOR CER- country. These changing dynamics brought resentatives of the United States of America in TAIN YEARS.—Section 601(b) of the Children’s social challenges that demanded incredible Congress assembled, Health Insurance Program Reauthorization leadership from Mayor Bradley. After the 1992 SECTION 1. SHORT TITLE. Act of 2009 (Public Law 111–3) is amended by Rodney King riots he worked tirelessly to re- This Act may be cited as the ‘‘Veterans’, adding at the end the following: ‘‘The Sec- build Los Angeles and continue the process of Seniors’, and Children’s Health Technical retary is not required under this subsection racial reconciliation. Mayor Bradley famously Corrections Act of 2010’’. to calculate or publish a national or a State-

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5564 CONGRESSIONAL RECORD — HOUSE July 14, 2010 specific error rate for fiscal year 2009 or fis- striking subparagraphs (A) and (B) and in- millions of seniors will lose their Medi- cal year 2010.’’. serting the following subparagraphs: care plan because massive cuts to the (d) CORRECTIONS TO EXCEPTIONS TO EXCLU- ‘‘(A) fiscal year 2015, $0; program will result in ‘‘about 50 per- SION OF CHILDREN OF CERTAIN EMPLOYEES.— ‘‘(B) fiscal year 2016, $125,000,000; and’’. cent’’ of seniors no longer being in a Section 2110(b)(6) of the Social Security Act SEC. 10. PAYGO COMPLIANCE. (42 U.S.C. 1397jj(b)(6)) is amended— plan. The budgetary effects of this Act, for the Unfortunately, the merits of today’s (1) in subparagraph (B)— purpose of complying with the Statutory (A) by striking ‘‘PER PERSON’’ in the head- Pay-As-You-Go Act of 2010, shall be deter- legislation pale in comparison to the ing; and mined by reference to the latest statement merits of addressing the needs of the (B) by striking ‘‘each employee’’ and in- titled ‘‘Budgetary Effects of PAYGO Legisla- millions of Americans losing the plan serting ‘‘employees’’; and tion’’ for this Act, submitted for printing in they have and like, the small busi- (2) in subparagraph (C), by striking ‘‘, on a the Congressional Record by the Chairman of nesses facing burdensome new costs case-by-case basis,’’. the House Budget Committee, provided that (e) ELECTRONIC HEALTH RECORDS.—Effec- and regulations, and seniors relying on tive as if included in the enactment of sec- such statement has been submitted prior to Medicare. When will these pressing tion 4201(a)(2) of the American Recovery and the vote on passage. needs be addressed? Reinvestment Act of 2009 (Public Law 111–5), The SPEAKER pro tempore. Pursu- Mr. Speaker, while I support the bill section 1903(t) of the Social Security Act (42 ant to the rule, the gentleman from before us, it is not enough. We must U.S.C. 1396b(t)) is amended— California (Mr. STARK) and the gen- move beyond mere technical correc- (1) in paragraph (3)(E), by striking ‘‘re- tleman from California (Mr. HERGER) duced by any payment that is made to such tions and fix the fundamental flaws of Medicaid provider from any other source each will control 20 minutes. the Democrats’ health care law by re- (other than under this subsection or by a The Chair recognizes the gentleman pealing it and replacing it with solu- State or local government)’’ and inserting from California (Mr. STARK). tions that work. ‘‘reduced by the average payment the Sec- GENERAL LEAVE Mr. Speaker, I yield the balance of retary estimates will be made to such Med- Mr. STARK. Mr. Speaker, I ask unan- my time to the gentleman from Ne- icaid providers (determined on a percentage imous consent that all Members have 5 braska (Mr. TERRY). or other basis for such classes or types of legislative days to revise and extend The SPEAKER pro tempore. Without providers as the Secretary may specify) from objection, the gentleman from Ne- other sources (other than under this sub- their remarks. section, or by the Federal government or a The SPEAKER pro tempore. Is there braska will control the time. State or local government)’’; and objection to the request of the gen- There was no objection. (2) in paragraph (6)(B), by inserting before tleman from California? Mr. TERRY. I reserve the balance of the period the following: ‘‘and shall be deter- There was no objection. my time at this point. mined to have met such responsibility to the Mr. STARK. I reserve the balance of Mr. STARK. Mr. Speaker, I yield my- extent that the payment to the Medicaid my time. self such time as I may consume. provider is not in excess of 85 percent of the Mr. HERGER. Mr. Speaker, I yield I rise today in support of H.R. 5712. net average allowable cost’’. It’s a small but important bill. It’s (f) CORRECTIONS OF DESIGNATIONS.— myself such time as I may consume. Mr. Speaker, the majority is again fully paid for and contains time-sen- (1) Section 1902 of the Social Security Act sitive, mostly technical changes that (42 U.S.C. 1396a) is amended— bringing to the floor more fixes to the (A) in subsection (a)(10), in the matter fol- fatally flawed health care overhaul. strengthen the programs that care for lowing subparagraph (G), by striking ‘‘and’’ The health care law was riddled with the health of our Nation’s veterans, before ‘‘(XVI) the medical’’ and by striking errors; some were oversights, the likes senior citizens, and children. I appre- ‘‘(XVI) if’’ and inserting ‘‘(XVII) if’’; and of which we are here today to address. ciate the support of my distinguished (B) in subsection (ii)(2), by striking ‘‘(XV)’’ However, the majority has failed to ranking member for this bill. and inserting ‘‘(XVI)’’. This bill is supported by the National rectify the fundamentally flawed poli- (2) Section 2107(e)(1) of the Social Security Association of Children’s Hospitals, the cies that threaten our economic sta- Act (42 U.S.C. 1397gg(e)(1)) is amended by re- American Hospital Association, Fed- designating the subparagraph (N) of that sec- bility and America’s health care, all eration of American Hospitals, and tion added by 2101(e) of Public Law 111–148 as the while driving Federal and State most of the health care groups. And we subparagraph (O). budgets down a further unsustainable can proceed on issues concerning other SEC. 7. FUNDING FOR CLAIMS REPROCESSING. path. For purposes of carrying out the provisions Mr. Speaker, where is the fix for the matters at another time. At this point, I yield the balance of of, and amendments made by, this Act that up to 117 million Americans with relate to title XVIII of the Social Security my time to the distinguished gen- health insurance from their employers Act, and other provisions relating to such tleman from California (Mr. WAXMAN). title that involve reprocessing of claims, that, by the administration’s own esti- The SPEAKER pro tempore. Without there are appropriated to the Secretary of mates, will not be able to keep the plan objection, the gentleman from Cali- Health and Human Services for the Centers they have and like? That promise was for Medicare & Medicaid Services Program fornia will control the time. repeatedly made by President Obama There was no objection. Management Account, from amounts in the and the Democratic majority to assure general fund of the Treasury not otherwise Mr. WAXMAN. Mr. Speaker, I reserve appropriated, $95,000,000. Amounts appro- to the American people that health the balance of my time. priated under the preceding sentence shall care overhaul would not force them Mr. TERRY. Mr. Speaker, I yield my- remain available until expended. into a one-size-fits-all government-ap- self such time as I may consume. SEC. 8. EXTENSION OF SECTION 508 RECLASSI- proved insurance plan. Unfortunately, Mr. Speaker, I am pleased to an- FICATIONS. this has repeatedly proven to be false. nounce, as a representative of the En- (a) IN GENERAL.—Section 106(a) of division Where is the fix for the millions of ergy and Commerce Committee, that B of the Tax Relief and Health Care Act of small businesses that will be forced to 2006 (42 U.S.C. 1395 note), as amended by sec- we are not opposed to this bill and tion 117 of the Medicare, Medicaid, and file 1099 tax forms for each business we’re pleased with this these correc- SCHIP Extension Act of 2007 (Public Law from which they purchase more than tions. It is especially important that 110–173), section 124 of the Medicare Improve- $600 worth of goods and services during our veterans’ access to care is not im- ments for Patients and Providers Act of 2008 this year? The National Federation of peded or delayed and that these other (Public Law 110–275), and sections 3137(a) and Independent Business, NFIB, describes corrections will improve the efficiency 10317 of Public Law 111–148, is amended by these new requirements as crippling, and effectiveness of some of the pro- striking ‘‘September 30, 2010’’ and inserting ‘‘September 30, 2011’’. and they will further divert investment grams that our citizens depend on the (b) CONFORMING AMENDMENT.—Section away from jobs, which should be our most. 117(a)(3) of the Medicare, Medicaid, and number one concern. This bill, as the gentleman from Cali- SCHIP Extension Act of 2007 (Public Law Mr. Speaker, where is the fix for sen- fornia mentioned, is budget neutral. In 110–173), is amended by inserting ‘‘in fiscal iors whose Medicare coverage is threat- fact, there may even be as much as a years 2008 and 2009’’ after ‘‘For purposes of ened by the health care overhaul? $50 million savings if everything goes implementation of this subsection’’. Medicare’s own actuaries found that right here, which I think is important. SEC. 9. REVISION TO THE MEDICARE IMPROVE- MENT FUND. the $500 billion in Medicare cuts could It’s a small number with regard to the Section 1898(b)(1) of the Social Security jeopardize access to care for seniors. trillion-dollar deficit that we’ve al- Act (42 U.S.C. 1395iii(b)(1)) is amended by Furthermore, the actuaries predict ready hit by the end of June and the

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5565 $1.5 trillion deficit that we may experi- to spend now, be hit with these higher Mr. Speaker, I have no further re- ence for this year. costs, and then have to lay off later. So quests for time, and I yield back the I would like to see a budget where— it’s arresting investment and hiring of balance of my time. I think we’re missing an opportunity new workers because businesses don’t The SPEAKER pro tempore. The with items like this where we can save know the costs of implementation of question is on the motion offered by $50 million here, hopefully save $50 mil- this health care bill. the gentleman from California (Mr. lion here. If we had a budget, it could Now, the Democrats at every level STARK) that the House suspend the be part of a master plan to reduce our are in hiding mode. They don’t want a rules and pass the bill, H.R. 5712. deficits and empower the private sector new public debate on this. We had a re- The question was taken; and (two- to create jobs. cess appointment of Donald Berwick, thirds being in the affirmative) the These are technical corrections that Dr. Donald Berwick, who is a great in- rules were suspended and the bill was are necessary. But this is what happens tellectual on medical savings, particu- passed. when the majority works in secret, larly in a British system that says that A motion to reconsider was laid on crafts legislation that doesn’t receive a rationing-type of system relies on a the table. the input from others, the minority mathematical formula of age, as well f side. And, frankly, I wouldn’t be sur- as comparative effectiveness. And the RENEWING IMPORT RESTRICTIONS prised that, after drastically altering comparative effectiveness provision in OF BURMESE FREEDOM AND DE- the health care system so quickly, this bill provides Dr. Berwick carte MOCRACY ACT we’ll have many more technical correc- blanche to implement those type of tions necessary as time goes on. British policies. Mr. CROWLEY. Mr. Speaker, I move This is probably—this won’t be the to suspend the rules and pass the joint b 1140 last time that we hear about health resolution (H.J. Res. 83) approving the The technical errors, however, are care, but probably we won’t hear about renewal of import restrictions con- hardly the biggest problems facing this it until after November 2. The Amer- tained in the Burmese Freedom and country’s health care system. Far ican people know why. I can only hope Democracy Act of 2003, as amended. worse are the looming ill effects of the that we choose to conduct oversight of The Clerk read the title of the joint majority’s basic policy mistakes. Who the new health care law and fix its dis- resolution. doesn’t know the problems in that they astrous effects. The text of the joint resolution is as refuse to exercise the fundamental re- Mr. Speaker, I have no further re- follows: sponsibility of the House to conduct quests for time, and I yield back the H.J. RES. 83 oversight hearings on how this is set balance of my time. Resolved by the Senate and House of Rep- up. And the grandfathering clause has Mr. WAXMAN. I yield myself such resentatives of the United States of America in already been very confusing. This is time as I may consume. Congress assembled, Mr. Speaker and my colleagues, I rise what we’ll have to look out for as the SECTION 1. RENEWAL OF IMPORT RESTRICTIONS health care bill proceeds. to join everybody else who has spoken UNDER BURMESE FREEDOM AND Now, just for the record, let’s con- in favor of this bill and urge passage of DEMOCRACY ACT OF 2003. (a) IN GENERAL.—Congress approves the re- sider some of the problems that we face H.R. 5712, the Veterans, Seniors and Children’s Health Technical Correc- newal of the import restrictions contained in from this bill. The law will cut $575 bil- section 3(a)(1) and section 3A (b)(1) and (c)(1) lion out of Medicare. Concerning me tions Act. It’s a small set of non- controversial changes to the law need- of the Burmese Freedom and Democracy Act equally as much is that it’s with no di- of 2003. ed to provide for the smooth func- rection from Congress, leaving these (b) RULE OF CONSTRUCTION.—This joint res- tioning of the Medicare, Medicaid, decisions to Health and Human Serv- olution shall be deemed to be a ‘‘renewal res- Child Health Insurance, or CHIP pro- ices and the Center for Medicare and olution’’ for purposes of section 9 of the Bur- gram, as well as the 340B program. The Medicaid Services. mese Freedom and Democracy Act of 2003. legislation has no cost. In Nebraska, in my district, many of SEC. 2. CUSTOMS USER FEES. One provision ensures that a special Section 13031(j)(3)(B)(i) of the Consolidated my seniors rely on Medicare Advantage enrollment period into Medicare part B Omnibus Budget Reconciliation Act of 1985 as a program, but $145 billion will be does not exclude some of the veterans (19 U.S.C. 58c(j)(3)(B)(i)) is amended by strik- taken from Medicare Advantage, re- for whom the policy was intended. ing ‘‘August 17, 2018’’ and inserting ‘‘August ducing the enrollment, according to Another provision clarifies that the 24, 2018’’. the nonpartisan estimates, by as much redistribution of unused Medicare- SEC. 3. TIME FOR PAYMENT OF CORPORATE ESTI- as 50 percent. funded residency slots not inadvert- MATED TAXES. It will raise spending nearly 90 per- The percentage under paragraph (2) of sec- ently take slots away from hospitals tion 561 of the Hiring Incentives to Restore cent for States in Medicaid programs, that were cooperating with other hos- squeezing State taxpayers and crip- Employment Act in effect on the date of the pitals to actually use these slots. This enactment of this Act is increased by 0.25 pling State budgets. is a practice that occurs in 36 States, percentage points. Despite the claims that the bill and they want this clarification. SEC. 4. PAYGO COMPLIANCE. would lower health care costs and defi- We also have a clarification that The budgetary effects of this Act, for the cits, the Chief Actuary of Medicine has children’s hospitals will continue to purpose of complying with the Statutory since concluded that spending won’t go have access to discounts on orphan Pay-As-You-Go-Act of 2010, shall be deter- down, it will actually go up, as many drugs through the 340B program tape. mined by reference to the latest statement people believed. The bill would modify the payment titled ‘‘Budgetary Effects of PAYGO Legisla- And remember the promise that if system for nursing facilities in Medi- tion’’ for this Act, submitted for printing in the Congressional Record by the Chairman of you like your coverage, you can keep care, ensuring smoother operations of it? With the new grandfathering rules the House Budget Committee, provided that that program. such statement has been submitted prior to that are being rolled out, it is now esti- And virtually all of these provisions the vote on passage. mated that, and this is the administra- have been passed by the House at least SEC. 5. EFFECTIVE DATE. tion’s estimate, that as many as 66 per- once. Many of them have been passed This joint resolution and the amendments cent of small businesses will not be eli- by the Senate as well. This legislation made by this joint resolution shall take ef- gible to keep what they have and will needs to be enacted now because it fect on the date of the enactment of this have to accept something from the ex- modifies provisions of law that are joint resolution or July 26, 2010, whichever change which will be pre-approved by coming into effect now, or will come occurs earlier. HHS. into effect within the next few months. The SPEAKER pro tempore. Pursu- We’re also learning the recession So the legislation is fully paid for, ant to the rule, the gentleman from might worsen now because employers will not increase the deficit. It involves New York (Mr. CROWLEY) and the gen- are hesitant to expand. We’re hearing technical corrections only. It’s a bipar- tleman from Louisiana (Mr. BOUSTANY) from many employers, articles in the tisan bill, and I’d urge my colleagues each will control 20 minutes. Wall Street Journal, that they’re sit- to suspend the rules and pass this legis- The Chair recognizes the gentleman ting on cash because they don’t want lation. from New York.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5566 CONGRESSIONAL RECORD — HOUSE July 14, 2010 GENERAL LEAVE guilty of many heinous crimes, and we violations. According to the State De- Mr. CROWLEY. Mr. Speaker, I ask must lead the effort to hold it account- partment, this repugnant regime, in unanimous consent that all Members able. As a first step, I hope the United which military officers wield the ulti- may have 5 legislative days in which to States will go on record in acknowl- mate authority at every level of gov- revise and extend their remarks. edging that the Burmese regime has ernment, routinely continues to The SPEAKER pro tempore. Is there continued crimes against humanity. At abridge the right of citizens to change objection to the request of the gen- the same time, I hope the administra- their government and commits to tleman from New York? tion fully implements all the provi- other severe human rights abuses. Spe- There was no objection. sions of the Block Burmese JADE Act cifically, government security forces Mr. CROWLEY. Mr. Speaker, I yield that we passed in 2008, including the allowed custodial deaths to occur, and myself such time as I may consume. tough banking sanctions enumerated committed extrajudicial killings, dis- I want to thank my friend, Mr. into law. That also includes imposing appearances, rape, and torture. The re- BOUSTANY, for being here this morning tough financial sanctions on banks and gime detains civic activists indefi- and joining in this resolution. companies propping up Burma’s mili- nitely and without charge, and engages I rise in strong support of House tary regime and junta, even if those in harassment, abuse, and detention of Joint Resolution 83, a measure to companies are not based in the United human rights and pro-democracy activ- renew the ban on imports from the States themselves. ists. country of Burma. The renewal of this By passing the JADE Act, we gave Opposition leader Aung San Suu Kyi bill is extremely important in the the administration the authority to is still being falsely detained by the re- struggle for human rights and democ- impose tough sanctions. Now it’s time gime. And as of March 2010, the regime racy in Burma. This measure, and to make it happen. We don’t have any held an estimated 2,100 political pris- other sanctions on Burma, prevent time to wait. The Burmese regime is oners. The army attacks ethnic minor- hundreds of millions of American dol- planning a sham election for this year ity villages. Violence and societal dis- lars from getting into the hands of the that, without strong international ac- crimination against women, recruit- military regime and funding its illegal tion, will result in a government that ment of child soldiers, and trafficking activities. is a wolf in sheep’s clothing. in persons have continued. The regime We must never forget that the inspi- The regime has stacked the deck also severely restricts freedom of as- ration for this measure came from a re- against the people of Burma so that sembly, expression, association, move- markable woman, Nobel Peace Prize the exact same military junta will be ment, and religion. recipient Aung San Suu Kyi. She’s the in power after the election. In fact, it In addition, I am very concerned that world’s only imprisoned Nobel Peace is not really an election at all since the the regime has taken steps that seem Prize recipient. She and her political results are preordained. Aung San Suu to guarantee that the elections that party, the National League for Democ- Kyi is specifically barred from taking will be held in Burma later this year racy, have called on freedom-loving part in these elections. It would be a will not, in the words of the State De- people throughout the world saying, disservice to those struggling for free- partment, be transparent, inclusive, or and I quote, ‘‘Please use your liberty to dom in Burma to recognize the results credible. And I am still disappointed promote ours.’’ of this undemocratic and illegitimate that there has not been additional mul- That’s what makes these sanctions election process. tilateral pressure against this regime. categorically different from many The administration has worked hard I strongly urge the administration to other situations. The people of Burma I know to reach out to Burma’s mili- put more pressure on our trading part- support these sanctions. tary regime and has urged them to ners and the United Nations to put the I believe it’s also important to re- change their ways. I believe those ef- leaders of this regime and its cronies member that Burma’s military regime, forts, while worthwhile and valuable, under targeted economic pressure that or its junta, is not simply a govern- have been completely and utterly re- denies them access to personal wealth ment that is rough on its own people. jected by the junta. In fact, the situa- and sources of revenue. I call on the It is among the most brutal, maybe tion in Burma has grown worse. That’s United Nations, Burma’s Southeast even the most brutal, regime in the why now is the time to crank up the Asian neighbors in ASEAN, and the world today. pressure on Burma’s military junta. People’s Republic of China to step up I urge my colleagues to pass House engagement considerably. b 1150 Joint Resolution 83. I am pleased that this Congress am- The regime operates with complete Mr. Speaker, I reserve the balance of plified our sanctions 2 years ago to impunity. The Burmese regime has re- my time. eliminate trade in jewelry containing cruited thousands of child soldiers, by Mr. BOUSTANY. Mr. Speaker, I yield Burmese rubies and jadeite, even if the some estimates more than any other myself such time as I may consume. jewelry was made in and exported from country in the world today. The regime Mr. Speaker, I join my colleague and a third country. The expansion was de- has destroyed over 3,500 ethnic minor- friend on the Ways and Means Com- signed to bring about multilateral ity villages, forcing hundreds of thou- mittee in strong support of H.J. Res. pressure on the regime through the sands of people to flee their homes in 83, which would continue the imposi- United Nations and World Trade Orga- terror. Millions of these refugees live tion of sanctions against the repressive nization, similar to successful legisla- in neighboring countries like Thailand regime in Burma for another year. tion on conflict diamonds. We are still and Bangladesh. The purpose of imposing sanctions in the process of assessing the effec- The regime uses rape as a weapon of against Burma is to promote democ- tiveness of that law. war against innocent Burmese women. racy, develop a respect for human The General Accountability Office Over 2,000 innocent civilians remain rights, and improve living conditions reported to us several months ago on locked behind bars as political pris- for the Burmese people. Unfortunately, the effectiveness of the expanded sanc- oners. And it’s important to note that the ruling junta is still dedicated to tions, and we are considering its rec- many of these abuses are not just working against, not toward those ob- ommendations for improving the ad- human rights abuses; these are crimes jectives. For that reason, I am in favor ministration of the program and assur- against humanity. That is why the of continuing our practice of extending ing that legitimate trade in these United Nations investigator on human import sanctions against Burma for an- stones is not constrained. I must be rights in Burma called for an inter- other year. clear that I generally view import national investigation into war crimes Burma’s regime is one of the world’s sanctions with great skepticism. How- and crimes against humanity in most repressive. And it continues to ever, if there is a right way to impose Burma. This is something I have been oppress democratic movements and hu- sanctions, I think these Burma sanc- calling for myself for a very, very long manitarian efforts. In reading the tions are crafted to maximize their time. State Department’s human rights re- ability to effect change. It is long overdue that the world ac- port on Burma, I am appalled at the ex- For example, they require the admin- knowledges the regime, the junta, is tent and scale of grave human rights istration to issue annual reports on

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5567 Burma that include whether U.S. na- A motion to reconsider was laid on amendment printed in the Rules Com- tional security, economic, and foreign the table. mittee report. The rule also provides policy interests are being served so we f one motion to recommit the bill with can make an informed decision. Per- or without instructions. 1200 haps the most critical aspect of the b Madam Speaker, I rise today in Burma sanctions program is that they PROVIDING FOR CONSIDERATION strong support of this rule and in require us to redirect our attention OF H.R. 1722, TELEWORK IM- strong support of the underlying bill. every summer to the question of PROVEMENTS ACT OF 2010 Even in this July heat, it is hard to for- whether these sanctions should be con- Mr. MCGOVERN. Madam Speaker, by get the historic snowfall that tinued. They are not self-executing. We direction of the Committee on Rules, I blanketed the Washington region this here in Congress must consider this call up House Resolution 1509 and ask past winter. OMB estimated that for issue and vote to continue them on an for its immediate consideration. each day the Federal Government was annual basis. The Clerk read the resolution, as fol- shut down during the storms, the gov- I continue to believe that our great- lows: ernment lost $71 million worth of pro- est hope for effecting real change in ductivity. Had some agencies not al- H. RES. 1509 Burma is multilateralism. The whole lowed their employees to telecommute, Resolved, That upon the adoption of this world, particularly China and the resolution it shall be in order to consider in the cost of lost productivity would ASEAN countries, must put economic the House the bill (H.R. 1722) to improve have been $100 million. pressure on this regime. I support this teleworking in executive agencies by devel- With today’s mobile technology, we resolution because it increases our oping a telework program that allows em- can do better to ensure that Federal chances to bring about this multilat- ployees to telework at least 20 percent of the employees can effectively telecommute eral effect. hours worked in every 2 administrative regardless of weather conditions. The Mr. Speaker, I reserve the balance of workweeks, and for other purposes. All Telework Improvements Act will pro- my time. points of order against consideration of the vide a framework to expand the cur- Mr. CROWLEY. I thank the gen- bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in rent telecommuting program so that tleman for his comments. And I the nature of a substitute recommended by all Federal employees can enjoy the couldn’t agree with him more that we the Committee on Oversight and Govern- benefits. Telecommuting also helps to do need to see more of a multilateral ment Reform now printed in the bill, modi- reduce traffic congestion. I don’t think impact on Burma, particularly China, fied by the amendment printed in the report you will find too many Federal employ- India, and the surrounding countries of of the Committee on Rules accompanying ees complaining about missing out on Bangladesh and Thailand and such. this resolution, shall be considered as adopt- rush-hour traffic in metro D.C. And it’s my hope that we will continue ed. The bill, as amended, shall be considered Now, some may argue that telecom- to see further isolation of Burma. And as read. All points of order against provi- muting will just allow lazy employees sions of the bill, as amended, are waived. The I think we continue to stretch out a previous question shall be considered as or- to sit at home and pretend to work. hand to encourage the regime, but they dered on the bill, as amended, to final pas- That’s simply not the case. This bill re- continue to keep slapping it back. And sage without intervening motion except: (1) quires agencies to establish a telecom- I think now is not the time for recogni- one hour of debate equally divided and con- muting policy that authorizes employ- tion; now is the time for further isola- trolled by the chair and ranking minority ees to telecommute to the maximum tion. member of the Committee on Oversight and amount possible only to the extent So I appreciate the comments of my Government Reform; and (2) one motion to that it doesn’t diminish employee per- colleague and friend from Louisiana recommit with or without instructions. formance or agency operations. SEC. 2. House Resolution 1496 is laid on the (Mr. BOUSTANY), and I know of his sup- table. The U.S. Patent and Trademark Of- port for this. fice, the Defense Information Systems Mr. Speaker, I have no further re- The SPEAKER pro tempore (Ms. ED- Agency, and the General Services Ad- quests for time, and I reserve the bal- WARDS of Maryland). The gentleman ministration have already established ance of my time. from Massachusetts is recognized for 1 efficient and effective telework poli- Mr. BOUSTANY. Mr. Speaker, I have hour. cies. no further Members wishing to speak Mr. MCGOVERN. For the purpose of For those concerned about the def- on this issue, and I am prepared to debate only, I yield the customary 30 icit, the bill is deficit neutral and, yield back my time. I look forward to minutes to the gentlewoman from therefore, PAYGO compliant. CBO’s es- working with my colleague on the North Carolina, Dr. FOXX. All time timated cost of $30 million over 5 years Ways and Means Committee in this ef- yielded during consideration of the rule pales in comparison to the $71 million fort to hopefully change this regime’s is for debate only. per day the government lost due to behavior. GENERAL LEAVE snow last winter. Mr. Speaker, I yield back the balance Mr. MCGOVERN. I ask unanimous Madam Speaker, I want to remind all of my time. consent that all Members may be given of my colleagues that a bipartisan ma- Mr. CROWLEY. I appreciate my col- 5 legislative days in which to revise jority of them supported this bill when league’s willingness to work with us in and extend their remarks on House it came to the floor under suspension the future, and look forward to that as Resolution 1509. in May of this year. I urge them to well on this and many other issues. The SPEAKER pro tempore. Is there once again support this rule and the Mr. Speaker, I yield back the balance objection to the request of the gen- underlying bill. of my time. tleman from Massachusetts? I reserve the balance of my time. The SPEAKER pro tempore. The There was no objection. Ms. FOXX. I thank my colleague question is on the motion offered by Mr. MCGOVERN. Madam Speaker, I from Massachusetts for yielding time, the gentleman from New York (Mr. yield myself such time as I may con- and I yield myself such time as I may CROWLEY) that the House suspend the sume. consume. rules and pass the joint resolution, H.J. Madam Speaker, H. Res. 1509 provides Madam Speaker, as has become rou- Res. 83, as amended. for consideration of H.R. 1722, the tine in this Congress, it’s my sad duty The question was taken; and (two- Telework Improvements Act. The rule to come before you yet again today to thirds being in the affirmative) the provides 1 hour of debate controlled by speak in opposition to spending this rules were suspended and the joint res- the Committee on Oversight and Gov- House’s valuable time to consider a bill olution, as amended, was passed. ernment Reform. The rule waives all that would do absolutely nothing to re- The title was amended so as to read: points of order against consideration of spond to the very real concerns facing ‘‘Joint resolution approving the re- the bill except those arising under Americans every day. newal of import restrictions contained clauses 9 and 10 of rule XXI. The rule Here we are with a 9.5 percent unem- in the Burmese Freedom and Democ- makes in order the substitute reported ployment rate, the largest deficit in racy Act of 2003, and for other pur- by the Committee on Oversight and our history, and the national debt at poses.’’. Government Reform as modified by an almost $14 trillion. The response of the

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5568 CONGRESSIONAL RECORD — HOUSE July 14, 2010 liberal Democratic leadership? A bill paid for—mostly for the rich, mostly and spend $46 trillion over the next making it easier for Federal employees for their big contributors—and on wars decade, how does one determine which to stay at home to work and creating that were not paid for. policies ‘‘caused’’ the $13 trillion def- more government union jobs. And what this President and this icit? Mr. Obama could have just as eas- Here we are with a financial crisis of Congress is trying to do is clean up ily singled out Social Security, $9.2 global proportions resulting from an their mess. And I’m sorry that that trillion over 10 years; anti-poverty pro- unprecedented expansion of govern- bothers some of my friends on the grams, $7 trillion; other Medicare ment. The response of liberal Demo- other side, but we’re going to clean up spending, $5.4 trillion; net interest on cratic leadership? A resolution recog- their mess, and we’re going to move the debt, $6.1 trillion; and the article nizing National Train Day. this economy forward. goes on and on with nondefense discre- Here we are with a torrent of oil With that, I reserve the balance of tionary spending. gushing into the gulf day after day, de- my time. Madam Speaker, I have a chart here priving untold numbers of people of Ms. FOXX. I yield myself such time which we have put together which I their livelihoods. The liberal Demo- as I may consume. think does a very good job of showing cratic response? A resolution sup- As I have said before on the floor deficit spending as a percent of GDP. porting the goals and ideals of RV Cen- here to my colleagues who want to re- That’s what really is the way we tennial Celebration Month to recognize write history, they can’t blame every- should look at this; and let me point and honor a hundred years of the en- thing on President Bush. They can’t out that in 1992 under Democrat con- joyment of recreational vehicles in the continue to do that. And they want to trol the deficit as a percent of GDP is United States. give President Clinton all the credit. this line; 1993, this line; 1994. Repub- In fact, this Congress so far has con- But, of course, the Congress was con- licans then take over the Congress in sidered no fewer than 73 bills naming trolled by the Republicans for 6 of the 1995, and look how the deficit goes post offices, 36 measures recognizing 8 years that President Clinton was in down, significantly goes down. It does sporting events and achievements, and office. It’s the Congress that controls go up some in 2002 under a Republican 145 designations or recognitions for the spending. Our Democratic col- Congress and Republican President but various days, weeks, months, or years. leagues know that. They simply choose we go into war in 2003, 2004, and then Despite these very real problems, the to ignore it when it suits their argu- what happens when the Democrats liberal Democrats ruling Congress are ments. take back over? It shoots back up. The running around the country trying to b 1210 red lines are the projected deficits as convince the American people that ev- percent of GDP. erything is just fine and they don’t Let me quote from the Wall Street Madam Speaker, this argument just need to worry because the Democrats Journal article of the 13th of July. It’s won’t hold. Our friends very selectively are solving their problems. While gov- very recent, so my colleagues may not come up with numbers, and we’re going ernment employees and their union have seen it. to point out the facts each time that handlers might be satisfied with the The Bush Tax Cuts and the Deficit they try to make up facts. liberal Democrat jobs agenda, try ask- Myth—and I won’t read the entire arti- Mr. DREIER. Madam Speaker, would ing the small business men forced to cle; but, Madam Speaker, I insert the the gentlewoman yield? close their doors or the 7 million pri- entire article into the RECORD. Ms. FOXX. I would be happy to yield vate business employees who’ve lost Let me read again a little bit from it: to my friend from California. their jobs since the liberal Democrats In short, it’s all President Bush’s fault. Mr. DREIER. I thank my friend for took control of Congress in 2007 and But Mr. Obama’s assertion fails on yielding. want to get back to work. This is the three grounds. Madam Speaker, I’m really struck wrong bill at the wrong time. First, the wars, tax cuts and the pre- having seen that chart with a fas- And with that, Madam Speaker, I re- scription drug program were imple- cinating juxtaposition that I’ve point- serve the balance of my time. mented in the early 2000s, yet by 2007 ed out a couple of times here on the Mr. MCGOVERN. Madam Speaker, the deficit stood at only $161 billion. House floor. the gentlelady mentioned the deficit When our colleagues across the aisle There is a requirement for member- and how concerned she is about the def- took over the Congress, the deficit ship in the European Union. The re- icit. It’s somewhat puzzling to me then stood at $161 billion. I go back to quirement for a new country to join that she hasn’t been out front wanting quote: How could these stable policies the European Union, Madam Speaker, to pay for the Bush tax cuts that cost have suddenly caused trillion-dollar is that they not have a debt that ex- hundreds of billions of dollars, that deficits beginning in 2009? Obviously, ceeds 60 percent of the gross domestic there’s been no effort on the other side what happened was collapsing revenues product of that country. Now, what to want to pay for the George Bush pre- from the recession along with stimulus does that mean? As we look at that scription drug bill which cost hundreds spending. chart today, the United States of of billions of dollars all on to our credit Second, the President’s $8 trillion America, Madam Speaker, interest- card, that there is no effort on the figure minimizes the problem. Recent ingly enough, could not qualify for other side to want to pay for these CBO data indicate a 10-year baseline membership in the European Union be- wars which have now cost $1 trillion— deficit closer to $13 trillion if Wash- cause of that debt burden which is con- $1 trillion in borrowed money. ington maintains today’s tax-and- tinuing to be passed on and on and on I should say, with one exception. The spend policies, whereby discretionary to our children and future generations. minority leader, Mr. BOEHNER, sug- spending grows with the economy, war Ms. FOXX. Reclaiming my time, I gested that we could pay for the wars spending winds down, ObamaCare is thank my colleague for pointing out with the Social Security Trust Fund, implemented, and Congress extends all the very important issue of the per- that we should raise the retirement age the Bush tax cuts, the alternative min- centage of debt to the GDP because it and whatever savings we have should imum tax patch and the Medicare doc is an important issue and our friends not go into the Social Security Trust fix, i.e., no reimbursement cuts. across the aisle have created much of Fund, should go to pay for our wars so Under this realistic baseline, the 10- that problem along with our President. our senior citizens who have paid into year cost of extending the Bush tax They have been in charge since Janu- the system year after year after year cuts, $3.2 trillion, the Medicare drug ary 2007, and that’s where the problem should be robbed of a solid program entitlement and Iraq and Afghanistan comes from. and, instead, that money should go to spending add up to $4.7 trillion. That’s [From the Wall Street Journal, July 13, 2010] pay for the wars. approximately one-third of the $13 tril- THE BUSH TAX CUTS AND THE DEFICIT MYTH When they talk about deficits and lion in baseline deficits, far from the (By Brian Riedl) debt, it is laughable, because they in- majority the President claims. President Obama and congressional Demo- herited from Bill Clinton one of the Third and most importantly, the crats are blaming their trillion-dollar budget biggest surpluses in history and they White House methodology is arbitrary. deficits on the Bush tax cuts of 2001 and 2003. squandered it on tax cuts that weren’t With Washington set to tax $33 trillion Letting these tax cuts expire is their answer.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5569 Yet the data flatly contradict this ‘‘tax cuts determine which policies ‘‘caused’’ the $13 wars are our soldiers and their fami- caused the deficits’’ narrative. Consider the trillion deficit? Mr. Obama could have just lies. The rest of us are asked to do three most persistent myths: as easily singled out Social Security ($9.2 nothing, and the only possible solution The Bush tax cuts wiped out last decade’s trillion over 10 years), antipoverty programs to that that we heard from the other budget surpluses. Sen. John Kerry (D–Mass), ($7 trillion), other Medicare spending ($5.4 for example, has long blamed the tax cuts for trillion), net interest on the debt ($6.1 tril- side of the aisle came from the minor- having ‘‘taken a $5.6 trillion surplus and lion), or nondefense discretionary spending ity leader who said that we should turned it into deficits as far as the eye can ($7.5 trillion). raise the retirement age for those re- see.’’ That $5.6 trillion surplus never existed. There’s no legitimate reason to single out ceiving Social Security and take that It was a projection by the Congressional the $4.7 trillion in tax cuts, war funding and money and pay for the war. Our senior Budget Office (CBO) in January 2001 to cover the Medicare drug entitlement. A better citizens should pay for these wars? the next decade. It assumed that late-1990s methodology would focus on which programs Shouldn’t we want to protect Social economic growth and the stockmarket bub- are expanding and pushing the next decade’s Security, and shouldn’t we find other ble (which had already peaked) would con- deficit up. tinue forever and generate record-high tax Declining revenues are driving future defi- ways to pay for these wars? revenues. It assumed no recessions, no ter- cits. The fact is that rapidly increasing In today’s Washington Post, the edi- rorist attacks, no wars, no natural disasters, spending will cause 100% of rising long-term torial entitled, ‘‘GOP has no problem and that all discretionary spending would deficits. Over the past 50 years, tax revenues extending tax cuts for the rich,’’ let me fall to 1930s levels. have deviated little from their 18% of gross quote from a couple of lines in this edi- The projected $5.6 trillion surplus between domestic product (GDP) average. Despite a torial: ‘‘Senate Republicans, com- 2002 and 2011 will more likely be a $6.1 tril- temporary recession-induced dip, CBO mitted as they are to preventing the lion deficit through September 2011. So what projects that even if all Bush tax cuts are ex- debt from mounting further, can’t ap- was the cause of this dizzying, $11.7 trillion tended and the AMT is patched, tax revenues swing? I’ve analyzed CBO’s 28 subsequent will rebound to 18.2% of GDP by 2020—slight- prove an extension of unemployment budget baseline updates since January 2001. ly above the historical average. They will benefits because it would cost $35 bil- These updates reveal that the much-ma- continue growing afterwards. lion. But they are untroubled by the ligned Bush tax cuts, at $1.7 trillion, caused Spending—which has averaged 20.3% of notion of digging the hole $678 billion just 14% of the swing from projected sur- GDP over the past 50 years—won’t remain as deeper by extending President Bush’s pluses to actual deficits (and that is accord- stable. Using the budget baseline deficit of tax cuts for the wealthiest Ameri- ing to a ‘‘static’’ analysis, excluding any rev- $13 trillion for the next decade as described cans.’’ enues recovered from faster economic above, CBO figures show spending surging to And this is how the editorial ends: growth induced by the cuts). a peacetime record 26.5% of GDP by 2020 and The bulk of the swing resulted from eco- also rising steeply thereafter. ‘‘The issue is whether the tax cuts for nomic and technical revisions (33%), other Putting this together, the budget deficit, the wealthiest Americans should be ex- new spending (32%), net interest on the debt historically 2.3% of GDP, is projected to leap tended, adding another $678 billion to (12%), the 2009 stimulus (6%) and other tax to 8.3% of GDP by 2020 under current poli- the deficit over the next decade. The cuts (3%). Specifically, the tax cuts for those cies. This will result from Washington taxing tax cuts, it’s worth remembering, earning more than $250,000 are responsible at 0.2% of GDP above the historical average passed originally in 2001 with the argu- for just 4% of the swing. If there were no but spending 6.2% above its historical aver- ment that the surplus was so large that Bush tax cuts, runaway spending and eco- age. nomic factors would have guaranteed more Entitlements and other obligations are rates could be cut with budgetary room than $4 trillion in deficits over the decade driving the deficits. Specifically, Social Se- to spare. Now that the fiscal picture and kept the budget in deficit every year ex- curity, Medicare, Medicaid and net interest has deteriorated so badly, the ques- cept 2007. costs are projected to rise by 5.4% of GDP be- tions remains: How are you going to The next decade’s deficits are the result of tween 2008 and 2020. The Bush tax cuts are a pay the $678 billion? And if you don’t, the previous administration’s profligacy. Mr. convenient scapegoat for past and future how are you going to justify the added Obama asserted in his January State of the budget woes. But it is the dramatic upward Union Address that by the time he took of- damage to an already grim fiscal out- arc of federal spending that is the root of the look?’’ fice, ‘‘we had a one-year deficit of over $1 problem. trillion and projected deficits of $8 trillion I insert this article in the RECORD at over the next decade. Most of this was the With that, Madam Speaker, I reserve this point. result of not paying for two wars, two tax the balance of my time. [From the Washington Post, July 14, 2010] cuts, and an expensive prescription drug pro- Mr. MCGOVERN. Madam Speaker, I GOP HAS NO PROBLEM EXTENDING TAX CUTS gram.’’ yield myself such time as I may con- FOR THE RICH In short, it’s all President Bush’s fault. sume. But Mr. Obama’s assertion fails on three My friends on the other side of the Senate Republicans, committed as they are to preventing the debt from mounting fur- grounds. aisle can pull out all their charts and First, the wars, tax cuts and the prescrip- ther, can’t approve an extension of unem- tion drug program were implemented in the artwork that their Republican Na- ployment benefits because it would cost $35 early 2000s, yet by 2007 the deficit stood at tional Committee wants to put to- billion. But they are untroubled by the no- only $161 billion. How could these stable poli- gether for them; but some facts are un- tion of digging the hole $678 billion deeper by cies have suddenly caused trillion-dollar deniable, and that is, that when this extending President Bush’s tax cuts for the deficits beginning in 2009? (Obviously what President came to office, he inherited wealthiest Americans. On Fox News Sunday, happened was collapsing revenues from the from George W. Bush the worst econ- Chris Wallace asked Republican Whip Jon recession along with stimulus spending.) omy since the Great Depression. That Kyl (R–Ariz.) about this contradiction. Mr. Kyl’s response is worth examining because of Second, the president’s $8 trillion figure is undeniable. This economy was in a minimizes the problem. Recent CBO data in- what it says about the GOP’s refusal to prac- dicate a 10-year baseline deficit closer to $13 tail spin, and if it wasn’t for the stim- tice the fiscal responsibility it preaches. trillion if Washington maintains today’s tax- ulus package, this economy would have Mr. Kyl’s first line of defense was to dis- and-spend policies—whereby discretionary continued to go further down the miss Mr. Wallace’s query as ‘‘a loaded ques- spending grows with the economy, war tubes. There was no question about tion’’ because ‘‘the Bush tax cuts applied to spending winds down, ObamaCare is imple- that. every single American.’’ Mr. Wallace pointed mented, and Congress extends all the Bush When they talk about deficits, they out that he was only referring to the top tax tax cuts, the Alternative Minimum Tax conveniently leave out the fact that brackets, but Mr. Kyl persisted in his refusal to answer. ‘‘So let’s, first of all, start with (AMT) patch, and the Medicare ‘‘doc fix’’ hundreds of billions of dollars in deficit (i.e., no reimbursement cuts). those that don’t apply to the wealthy. Under this realistic baseline, the 10-year spending went to pay for their tax cuts Shouldn’t those be extended?’’ Never mind cost of extending the Bush tax cuts ($3.2 tril- for their rich friends. That’s what they that no one in a policymaking position—not lion), the Medicare drug entitlement ($1 tril- did when they were in power, tax President Obama, not Democrats in Con- lion), and Iraq and Afghanistan spending breaks, tax loopholes, all kinds of spe- gress—is arguing against extending those tax ($515 billion) add up to $4.7 trillion. That’s cial interest breaks, for oil companies, cuts, at least temporarily. So when Mr. Kyl approximately one-third of the $13 trillion in for the wealthiest people in this coun- contends that ‘‘all of that goes away,’’ he is baseline deficits—far from the majority the try, and we went deeper and deeper just blowing smoke. president claims. Eventually, Mr. Kyl trotted out the tired Third and most importantly, the White into debt and they didn’t care. and unsubstantiated argument that the tax House methodology is arbitrary. With Wash- Two wars, none of it paid for. None of cuts for the wealthy must be extended be- ington set to tax $33 trillion and spend $46 it paid for, and it should be paid for. cause otherwise ‘‘you’re going to clobber trillion over the next decade, how does one The only people sacrificing in these small business.’’ Mr. Wallace persisted: ‘‘But,

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5570 CONGRESSIONAL RECORD — HOUSE July 14, 2010 sir, . . . how are you going to pay the $678 I reserve the balance of my time, My friend regularly talks about the billion?’’—at which point Mr. Kyl descended Madam Speaker. fact that this administration, this into nonsense. ‘‘You should never raise taxes President, inherited a bad economy. We in order to cut taxes,’’ he declared. ‘‘Surely b 1220 all acknowledge that. But what is it Congress has the authority, and it would be Ms. FOXX. Madam Speaker, I just right to, if we decide we want to cut taxes to that has happened since then, Madam spur the economy, not to have to raise taxes want to quickly respond to two things Speaker? Contrary to what my friend in order to offset those costs. You do need to that my colleague from Massachusetts just said, we have seen the economy offset the cost of increased spending, and said. get worse and worse and worse. that’s what Republicans object to. But you He talks about the fact that the Fed- We were promised, and I will be should never have to offset [the] cost of a de- eral Government is paying for wars. happy to yield to my friend if he would liberate decision to reduce tax rates on Well, let me say that the Constitution like to, we were promised that the un- Americans.’’ of the United States says, ‘‘We the Peo- Huh? No one’s talking about cutting taxes employment rate would not exceed 8 on the wealthy to stimulate the economy. ple of the United States, in Order to percent if we were to pass the $1 tril- The issue is whether the tax cuts for the form a more perfect Union, establish lion stimulus bill. Where is it today? wealthiest Americans should be extended, Justice, insure domestic Tranquility, At 9.5 percent. adding another $678 billion to the deficit over provide for the common defence, pro- Across the country, many of us are the next decade. The tax cuts, it’s worth remote the general Welfare,’’ et cetera. It hosting job fairs. There are people who membering, passed originally in 2001 with is the role of the Federal Government the argument that the surplus was so large are hurting. In the area that I rep- that rates could be cut with budgetary room to protect us in this country. It is the resent, Madam Speaker, part of it has to spare. Now that the fiscal picture has de- only entity in our country who can do an unemployment rate that exceeds 14 teriorated so badly, the questions remains: that. It is our role. percent. How are you going to pay the $678 billion? The other comment he makes is ‘‘tax The American people know one thing And if you don’t, how are you going to jus- cuts for the rich.’’ My colleague, just that they have learned over the past tify the added damage to an already grim fis- like almost all my colleagues across year-and-a-half, and that is you cannot cal outlook? the aisle, have an assumption that all spend your way to prosperity. Madam Speaker, my friends on the the money that is generated in this Now, Madam Speaker, what is it that other side of the aisle have been fight- country belongs to the government and we are trying to do? We want to ensure ing with all their might to deny Ameri- that if there is a tax cut provided, that that future generations are not saddled cans who have lost their jobs, mostly that is a gift from the government to with this tremendous debt burden that through no fault of their own, they the people getting the tax cut. has been imposed. have been fighting with all their en- No, Madam Speaker, that is not This morning I had the opportunity ergy to deny them unemployment ben- right. The government is not in control to meet a young man who is very, very efits during this very difficult time in this country. The people are in con- inspiring with what he has done over where people who can’t get these bene- trol. And for them to have that as- the past 39 days. He visited me. His fits and whose savings are drying up sumption is the biggest part of the name is Joseph Machado, and he is are not going to be able to afford to problem that we have here right now. here with his parents and his brother pay their bills, be able to keep their Madam Speaker, I yield such time as Robert and his sister Mercedes. What home; and my friends on the other side he may consume to the distinguished this young man did, 13 years of age, of the aisle say we can’t afford that, we ranking member of the Rules Com- having gone through tremendous phys- can’t afford that, notwithstanding the mittee (Mr. DREIER). ical adversity, having suffered over the fact it’s a one-time expenditure. (Mr. DREIER asked and was given past few years because of an accident, But you know, when it comes to the permission to revise and extend his re- he has been wheelchair-bound. But wars, let’s vote to add another $33 bil- marks.) what has he done over the past 39 days, lion in borrowed money on to our chil- Mr. DREIER. Madam Speaker, let me dren’s credit card and no questions Madam Speaker? He rode a bicycle at the outset say I twice asked my from Southern California to the White asked. friend from Worcester to yield, and I I’d like to do a little nation building, House. He came here, I met him this will say that at any time during my re- Madam Speaker, here in the United morning here in the Capitol, and he has marks that he would like to challenge States. I think we have an obligation been doing this to raise money and me, I look forward to yielding to him. to take care of the people here in this focus resources on the challenges that Now, Madam Speaker, let me say country, and so I’m all for working on young people are dealing with. trying to reduce our deficit and our first and foremost that this issue of Now, I raise the name of Joseph debt. That’s what the Democratic who is in fact responsible for the secu- Machado to say that as we look at this Party is dedicated to. The President is rity of the United States of America, 13-year-old boy and the challenges that dedicated to that. He’s formed a bipar- my friend from Grandfather Commu- he has gone through, the idea that we tisan commission, but to come on the nity, North Carolina, is absolutely will be thrusting on to his shoulders floor and to say that somehow the poli- right. The five most important words and his brother Robert and his sister cies of the previous President, the tax in the middle of that preamble to the Mercedes the responsibility of paying cuts for the rich, billions and billions Constitution that she just read are for such profligate spending that has and billions of dollars in added deficit ‘‘provide for the common defence.’’ been going on is just plain wrong. spending, the war, the prescription Virtually everything else that we do We feel strongly about the need to drug benefit bill, not even paid for, to can be dealt with by individuals, fami- ensure that we do not do that, that we suggest that that didn’t occur is ludi- lies, churches or synagogues, cities, do everything we can to decrease that. crous. counties or States. But the national se- That is one of the reasons that we are The bottom line is that you delivered curity of the United States of America going to urge our colleagues today to to this President, my friends on the can only be dealt with by the Federal vote no on the previous question, and other side of the aisle delivered to this Government, and we should never for- in voting no on the previous question President, the worst economy since the get that. we will allow the House to have a Great Depression and he has been Now, as we listen to some of the spe- chance to vote on a proposal that our working overtime to try to dig this cious charges that have been coming colleague from Peoria, Mr. SHOCK, has country out of the ditch that the Re- from the other side of the aisle, like offered that is going to deal with train- publicans dug, and we need to continue this chart that my colleague on the ing to rein in spending. to move forward. Rules Committee offered, saying that The people of this country have driv- I will add one other thing, Madam this was from the Republican National en around, and I laugh, I mean sadly Speaker, and that is, during the first Committee, this is from laugh, when I see the signs along the year of President Obama’s administra- usgovernmentspending.com, a com- side of the road that credit the Rein- tion more jobs were created than dur- pletely nonpartisan entity and they are vestment Act with the job creation ing the 8 years of George W. Bush, and facts. We have seen a dramatic in- that is supposedly going on in dealing that’s a fact. crease in spending. with infrastructure issues. Millions and

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5571 millions of dollars are being expended constituents and small businesses with see as having the deepest of all pockets putting up the signs along the side of stimulus money. and a host of sympathetic liberal the road. The burden of those is going So I would again urge my colleagues Democratic politicians eager to please to be passed on to Joseph Machado and on the other side of the aisle to at least their political base. In fact, as reported other young people in this country, and be consistent. If you are going to op- by USA Today, overall, Federal work- we believe that that is an example that pose the Stimulus Act, the American ers earned an average salary of $67,691 the American people can get so they Recovery Act, don’t go home and take in 2008 for occupations that exist both don’t have to see signs that they are credit for it. Don’t go home and say ‘‘I in government and the private sector, paying for along the side of the road. did this for you’’ when you were here in according to the Bureau of Labor Sta- Every Member of this House, Madam Washington and you voted to deny tistics data. The average pay for the Speaker, is going to have an oppor- your communities the very money that same mix of jobs in the private sector tunity to vote no, to say that we is helping to create some jobs. was $60,000. These salary figures don’t shouldn’t be continuing to spend mil- I reserve the balance of my time, include the value of health, pension, lions of dollars on road signs crediting Madam Speaker. and other benefits, which average the stimulus bill for the construction b 1230 $40,785 per Federal employee in 2008 that is taking place on those roads. versus $9,882 per private worker, ac- So I am going to join in urging my Ms. FOXX. Madam Speaker, I yield cording to the Bureau of Economic colleagues under this YouCut proposal myself such time as I may consume. Analysis. So the average Federal em- to vote ‘‘no’’ on the previous question, I can assure my colleague across the ployee’s benefits are worth four times because that vote in and of itself will aisle that I wasn’t one of those people what the average benefits are worth in allow us the opportunity to consider who went home to take credit for the the private sector. this measure. Stimulus Act. So he needs to take that A March 26, 2010, Wall Street Journal Madam Speaker, with that, I urge a issue up with those who have done it editorial entitled ‘‘The Government ‘‘no’’ vote on the previous question and and not paint us all with the same Pay Boom’’ reveals that ‘‘the real a ‘‘no’’ vote on the rule, because this is brush. windfall for government workers is in a completely closed rule, having had Madam Speaker, the underlying bill benefits.’’ And it goes on to talk about this measure considered under suspen- proposes spending $30 million creating how these benefits are growing, grow- sion of the rules. a variety of initiatives promoting ing, growing. We know that the num- Mr. MCGOVERN. Madam Speaker, I telework opportunities to allow Fed- ber of Federal employees making over yield myself such time as I may con- eral employees to work at home. This $100,000 has increased by almost 5 per- sume. bill would require each Federal agency cent since 2007, since the Democrats Let me remind my colleagues, to create a teleworking managing offi- took over in Congress. Currently, there Madam Speaker, that when President cer. But there are many people who are more people in the Federal Govern- Obama came to office, he inherited an wonder if creating this kind of a situa- ment making in excess of $100,000 than economy that was losing on average tion is going to improve efficiency those making $40,000. 750,000 jobs a month. That is what among Federal employees, and it may Since the recession began in 2007, President Obama was left with. even reduce the productivity of the public worker pay has risen 7.8 percent, My friends talk about the fact that Federal Government. while private-sector wages remain the economy is still struggling. It is While the 3 million Americans who stagnant. The 2010 pay increase for still struggling. But the June numbers, have lost their jobs since President Federal civilian employees was 2 per- as much as we wish they were better, Obama took office are asking, Where cent. In 2009, the average Federal em- we were told that 83,000 private sector are the jobs we were promised, the Con- ployee received a pay raise of 3.9 per- jobs were created and 9,000 manufac- gress is pushing this initiative to make cent, and an average pay increase of 3.5 turing jobs. I would rather be creating it easier for Federal employees who al- percent in 2008. In 2007, the Department jobs, again, I would like to create 100 ready have it much better than the of Transportation had only one em- times more jobs than we were able to rest of the country to avoid coming to ployee making over $170,000. At the end do in June, but I would rather be cre- work. So why is this bill so popular of last year, it had 1,690 employees ating jobs than going back to where we with the ruling liberal Democrats? Per- making that amount. were losing hundreds of thousands of haps it has something to do with their Madam Speaker, we are growing the jobs a month. longstanding subservience to labor Federal Government while we have a My friend mentioned job fairs, all my unions. 9.7 percent unemployment rate in the colleagues are doing job fairs. What I New data from the Bureau of Labor private sector. This is unacceptable to find particularly ironic is that my col- Statistics show that a majority of the American people. That’s why we leagues are hosting job fairs touting American union members now work for should vote ‘‘no’’ on this rule and ‘‘no’’ stimulus money. The distinguished mi- the government. That’s 52 percent of on this bill, because we are not heeding nority whip on the Republican side all union members now work for the what the American people want us to from Virginia has been one of the Re- Federal, State, or local government, do. covery Act’s most vocal critics, uni- representing a sharp increase from the I reserve the balance of my time. formly whipping the Republican Cau- 49 percent in 2008. A full 37.4 percent of Mr. MCGOVERN. Madam Speaker, I cus into opposing the stimulus. But de- government employees belonged to the think the gentlelady from North Caro- spite his withering attacks and despite unions in 2009, up six-tenths of a per- lina kind of just summed it all up. The the withering attacks of others on the cent from 2008. This shift toward rep- Republican message to workers all other side, they continue to host job resenting government employees has across the country is, We don’t want fairs filled with employers hiring di- changed the union movement’s prior- you to have good wages; we don’t want rectly because of stimulus grants and ities, as unions now campaign for high- you to have good benefits; we don’t programs. er taxes on Americans to fund more want you to have good retirement. We We are told that over half the GOP government spending. want to go back to the days when you Caucus, 114 lawmakers who voted to These changes in union membership get paid less; when one job doesn’t earn kill the stimulus, then took credit for are certainly not surprising, as union- enough for you to be able to support its success, hosting job fairs, touting ized companies do poorly in the mar- your family. I’ve never heard anybody the stimulus, doing press releases ketplace and lose jobs relative to their get up before and talk about and advo- every time a stimulus award was an- nonunion competitors. Government cate lower wages for people. They’re all nounced. employees, however, face no competi- upset that a researcher at NIH trying So, I guess they want to have it both tion, as the government never goes out to find a cure for cancer or a cure to ways. They want to be out here criti- of business. The recession has left Alzheimer’s disease or Parkinson’s dis- cizing the Recovery Act, but when they union bosses looking for new member- ease is somehow being overpaid. I’ve go home, they are standing and posing ship targets—and where better to look heard a lot of things on this floor, but for pictures, handing checks to their than in the government, which they I’ve never had anyone come out and

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Well, I want to remind her American people will once again be icit reduction or could be put toward that the bill that we are talking about able to see which Member of Congress what I think needs to happen right here today, the telework bill—telework hears their plea and gets the message. now, which is that we need to extend practices have been adopted by the pri- This week’s proposal, by Representa- unemployment benefits to those who vate sector all throughout the country. tive SCHOCK of Illinois, would require are struggling in this difficult econ- I will give you an example. Tele- agencies to report on the amount al- omy. Unfortunately, my Republican working allows IBM to reduce office ready spent on the signs. And it would friends don’t agree to that, and they space and save $56 million per year recapture those funds by reducing the are blocking it in the Senate. every year. Well, it works in the pri- agencies’ administrative expenses by I reserve the balance of my time. vate sector. Why don’t we take that ex- that same amount. Ms. FOXX. Madam Speaker, I will in- ample of where the private sector is Madam Speaker, America is at a vite my colleague from Massachusetts, able to save some money and bring it crossroads. The Federal Government when he speaks again, to give us the ci- to the government sector where we needs to stop spending our country out tation for the study that he’s talking may be able to save some money. If we of prosperity and into a quicksand of about that shows that this bill will can save tens of millions of dollars unsustainable debt. We need to change save tens of millions of dollars. I have each year, that is a good thing. Maybe the culture in Washington and tip the done a little research on it myself, and we can take that money and put it to- balance in the direction of savings. I I will be talking about that study. But ward deficit reduction. But the idea to urge my colleagues to vote ‘‘no’’ and to I would invite him to prove to the come out here and to be against this bring this week’s YouCut proposal to a American people that this will save bill because of unions and all this other vote before the full House. money. stuff, I think, is ridiculous. b 1240 And I want to point out to him that This is a commonsense measure Mr. MCGOVERN. Madam Speaker, I he’s poking fun at Republicans on rec- that’s going to save the American tax- yield myself such time as I may con- ommending that we save money on payer a lot of money. I urge all my col- sume. signs, but what he was really doing is leagues, Democratic and Republican Madam Speaker, this is laughable. If poking fun at the American people. It alike, to support this commonsense we’re talking about trying to reduce wasn’t the Republicans on this side of measure. the deficit and get the debt under con- the aisle who came up with this. It’s I reserve the balance of my time. trol, this is the best that we can get, the American people who voted on this, Ms. FOXX. Madam Speaker, I now you know, not putting up signs? I and the American people understand yield 4 minutes to the distinguished mean, how about paying for the tax the biblical admonition, If you are a Republican whip, the gentleman from cuts for the rich that my friends on the good steward of small things, you will Virginia (Mr. CANTOR). other side of the aisle passed? Hundreds be a good steward of big things. We Mr. CANTOR. I thank the gentlelady of billions of dollars in debt that you should start where we can save money. for yielding. put on the backs of my kids and my And I agree with the people. This is a Madam Speaker, I rise today to ask grandkids so that the wealthiest of the good place to start. Members to join me in voting ‘‘no’’ on wealthy in this country can get a tax With that, I yield 3 minutes to my the previous question. For the past break? Why don’t you pay for that, if colleague from Illinois (Mr. SCHOCK). couple of years, the American people you want to get this deficit or this debt Mr. SCHOCK. I thank my good have been forced to make some ex- under control? Signs, that’s the best friend, Dr. FOXX, for the time here tremely difficult budgeting decisions. we can do? today. Because when times are tough and Again, with respect to the distin- Madam Speaker, at the President’s your back is up against the wall, you guished minority whip, who I heard first news conference after his first of- have no choice but to rein in your ex- again beat up on the stimulus package, ficial Cabinet meeting, he addressed penditures and pare down your debts. it’s funny that he beats up on the stim- the Nation, and he said that he was This vote today on the previous ques- ulus package here, but when he goes asking his agency heads to come to- tion, the reason why we’re standing in home, he holds a job fair that so every- gether and collectively come up with opposition, is because Republicans body can take advantage of the of the $100 million in savings that they could would like to see us include in this rule stimulus package. Employer after em- bring forward for this next budget year the opportunity to vote on this week’s ployer after employer in the gentleman to eliminate over last year’s spending. winning YouCut proposal. This pro- from Virginia’s district has received His quote was, ‘‘We’ve got to earn their posal would prohibit funding for the money from the stimulus package so trust.’’ The President said, ‘‘They’ve droves of puzzling and flamboyant they can create more jobs, and the gen- got to feel confident that their dollars signs attributing various projects to tleman takes credit for it, and so do a are being spent wisely.’’ I couldn’t last year’s stimulus bill. Often visible great many people on the other side of agree with the President any more. along highways, these signs do not pro- the aisle. So that is really what today is about. vide any meaningful information and I find it somewhat hypocritical that We bring forward House Resolution do not create any jobs. They are the on one hand we’re here saying, ‘‘We 5679, which is really quite simple. It public face of an administration PR don’t like it,’’ but when you go back says we don’t need to tell the American campaign that taxpayers are unwit- home, you tell everybody, ‘‘Oh, this is people with propaganda signs that tingly financing. While the precise cost what I’m doing for you.’’ we’re spending their tax dollars wisely. of these signs is unknown, press re- But if you want to get serious about More specifically, we don’t need to put ports peg it in the tens of millions of reducing our deficit, we have a bipar- up road signs all over the country when dollars. tisan commission set up to try to make we’re doing paving projects at the tune The painful sacrifice borne by fami- recommendations to this Congress. We of hundreds, sometimes thousands. lies and small businesses are hugely need to do it holistically. It’s going to We’ve found signs that cost over $10,000 disconnected from the status quo here be tough. We all want to do it. But to apiece simply to say this is your tax in Washington. Inside this Chamber of come up and say, ‘‘Oh, you know, our dollars at work. Congress, the excessive, untargeted, suggestion is to eliminate the signs on First of all, I would suggest to you and ineffective spending binge that projects that benefit from money from that it’s an insult to the intelligence of gives us the failed stimulus is alive and the Recovery and Reinvestment Act,’’ I my taxpayers to suggest that they kicking. But now, Madam Speaker, the think that’s just silly. drive by a public works project and American people are fed up. Across the I would urge my colleagues again to think that anyone other than they, as country, from big cities to quiet sub- remember the underlying bill that taxpayers, are paying for it. Second, I

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5573 would suggest to you that this is a dan- this country, if you really want to get Madam Speaker, I yield 2 minutes to gerous precedent. Think if every unit at the debt, if you really want to do my colleague from Pennsylvania (Mr. of government, from your school board, this right, then we need a serious dis- SHUSTER). your township officials, your State cussion; and the President, I think, has Mr. SHUSTER. Madam Speaker, I government, your Federal Government taken the first step toward that discus- agree with my colleague from Massa- put a label on everything that they sion by putting together a bipartisan chusetts that we need to get this econ- were using to spend your tax dollars commission to figure out how we do omy back on track, but you don’t get it on. The unnecessary bureaucratic ex- this. back on track by creating the great un- pense, the unnecessary overhead that And you know what? The rec- certainty that your side has created in it creates. ommendations are going to be such the economy, raising health care costs, We have found in 1 year since the that none of us are going to like them, raising energy costs—potentially rais- stimulus bill was passed that we have and we are going to have to make some ing energy costs—raising taxes. Busi- spent over $20 million just on signs. tough decisions, and hopefully we’ll do nesses aren’t going to invest when The Illinois Department of Transpor- it together. If not, we’ll do it alone. there’s this much uncertainty out tation, in my home State, has spent But I think the fact of the matter is there. And I hear it every single day over $650,000 on signs. The State of getting the deficit under control is a from my colleagues from around the Ohio reports they’ve spent over $1 mil- priority. But I’ll tell you this: You’re country, from businesses that I speak lion just on signs—not creating jobs, not going to get the deficit under con- to. not the infrastructure that was prom- trol unless you get the economy back But what we can do is start to find ised, not to lower unemployment, but on track, unless you put people back to out ways to cut wasteful spending. And rather a bunch of sheet metal along the work. I support Mr. SCHOCK from Illinois’s road. And I really regret that my friends proposal today to cut the wasteful This is not only the financially smart on the other side of the aisle, every spending on these signs that are across thing to do. I would argue it’s the envi- chance they get, try to undercut this this country. $20 million. They’re not ronmentally right thing to do. And President’s economic agenda to try to creating a single job. They’re not im- then my friends on the other side of create and incentivize more jobs. Every proving safety in this country. In fact, the aisle stand up and suggest, well, chance, every single chance, they ob- as my colleague said, I find it silly that gee, you know, AARON, it’s only $20 ject or they try to obstruct. Again, I this administration is spending $20 mil- million. The estimates, if we don’t stop will go back to what I said earlier. lion on signs. doing this, are that by the time the They come on the floor and they decry In my State of Pennsylvania, which stimulus program has run its course, the American Recovery and Reinvest- has more structurally deficient bridges we will spend $192 million on these ment Act, but then they go back to than any other State in the Nation, we signs. Now, I don’t know about you, their districts and they do press con- could take these $20 million and apply but whether you supported the stim- ferences and they do press releases and it to some of these bridges in Pennsyl- ulus program or you voted against the they take all kinds of bows for all the vania and across this country. And I’ll stimulus program, I hope we can come money that they voted against. A lot just point out three of them in Penn- together and say, You know what? At of that money, Madam Speaker, is cre- sylvania, while I’m sure there are hun- the end of the day, this $192 million, ating jobs in their districts. And the dreds if not thousands across this coun- reason why, I guess, they’re taking this $20 million that’s already been try: spent, would better be spent on road bows is because they see that some of $1.1 million to replace the Bolden projects, on filling potholes, on fixing the help to some of the small busi- Ridge Bridge in Fayette County, a bridges, on something that we can nesses and to some of their manufac- project that would create 33 jobs and turers and to some of the States and show for that we’re going to ask the improve safety for the traveling public; next generation of Americans to pay cities and towns for building their in- $3 million to replace the Fair for. And that’s all we’re doing. We’re frastructure is important to job cre- Grounds Bridge in Somerset County, saying, from this day forward, you ation. Pennsylvania, a project that would cre- So, again, let’s get back to what can’t spend money on signs. Put it into ate 92 jobs and, again, improve safety we’re here to talk about, which is this the infrastructure. for our citizens; telework bill, which I think will save Mr. MCGOVERN. Madam Speaker, And, finally, $5.5 million to repair a the Federal Government a great deal of again, I am always interested in what sinkhole that’s occurring in Hun- money. I’m not the only one who my colleagues have to say today. But tington County, Pennsylvania, that is thinks that. There are others in the where were they when President Bush going to pose a serious risk to the trav- private sector and in the public sector and the administration sent out a press that have made the argument that if eling public in Huntington County, release on the prescription drug bill we do this right, we could save not just Pennsylvania, and those people that that they didn’t pay for that cost mil- tens of millions of dollars but maybe cross that road. $5.5 million will create lions and millions of dollars to all the hundreds of millions of dollars, and I 167 jobs, and it will make our roadways senior citizens of this country? There think that’s a good step for us to take. safer. was silence. And if we want to have a If my friends on the other side of the These projects will create jobs. They serious discussion about deficit reduc- aisle don’t want to take that step, fine. will improve our infrastructure. And tion, which I think we should, this is They can do what they usually do and most importantly, they’ll improve where we begin? Why don’t we talk obstruct everything. But this is good safety. about paying for the Bush tax cuts for for the taxpayers of this country, and I So I ask my colleagues on the other the rich? Why not offset those tax hope that it passes with an over- side to stand up with us today and say, cuts? Why not pay for them? Why not whelming margin. let’s stop this silliness. Let’s stop have that discussion? My friends talk I reserve the balance of my time. spending $20 million on these signs about the deficit, but they didn’t have that aren’t creating jobs and are noth- any problem adding hundreds of bil- b 1250 ing more than propaganda. So I ask lions of dollars onto the credit card for Ms. FOXX. Madam Speaker, I just them to support my colleague’s, Mr. the prescription drug bill. They didn’t want to point out to my colleague from SCHOCK, H.R. 5679. think it was important to pay for it. Massachusetts that the Republicans Mr. MCGOVERN. Madam Speaker, Under the Democratic leadership, can’t obstruct the President’s effort be- I’m a little bit confused. I don’t know we’re abiding by PAYGO. We’re paying cause we are in the minority. And we whether the gentleman supports the for things as we go forward. My friends don’t have to obstruct him anyway be- stimulus package or opposes the stim- on the other side of the aisle, when cause they’ve all failed. Nothing has ulus package. they were in charge, they didn’t do worked that the President and our On one hand, you know, Pennsyl- that. That’s one of the reasons why friends across the aisle have tried, and vania was one of the top recipients of we’re in such trouble right now. But if so they’re going to fail of their own aid from the American Recovery and you really want to reduce the deficit in weight. Reinvestment Act. A lot of bridges are

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5574 CONGRESSIONAL RECORD — HOUSE July 14, 2010 being repaired; a lot of highways are under President Bush than have been this economy back on a strong footing, being fixed. Does the gentleman want created under President Obama, be- or are we going to try to obstruct ev- to take that money back? Does he cause all we’ve done is lose jobs under erything and root for failure? think that the people who worked on President Obama and create govern- I mean, my friends on the other side constructing those bridges and building ment jobs. of the aisle, their whole kind of, their those roads are somehow, those jobs That’s the whole issue here, Madam whole platform is based on this Presi- aren’t worth it? Speaker. We’ve lost four million jobs dent failing, on this economy failing. The fact of the matter is, you know, since President Obama took office. How cynical can you get? it’s another example of where, on one That’s it. The fact is, we have a lot of work to hand, my colleagues are saying we And, you know, my colleague across do, and we need to focus on jobs. Jobs want more money for bridges and roads the aisle says we need to be consistent. is the issue. We need to extend unem- and infrastructure. And the very bill Well, he should be consistent. This will ployment benefits to those who have that delivered a lot more money for bring savings immediately, what we’re lost their jobs, mostly through no fault bridges and roads, they all voted proposing. What he’s talking about of their own. against. might bring savings 30 years down the b 1300 So I would again urge my colleagues road. In fact, the study that I asked him to talk about, there’s no study, We need to help them get through to be consistent. And I would also urge this difficult time. I regret that my Re- them to support the underlying bill, Madam Speaker. I asked for a copy of the study. You know what it is? An ar- publican friends in the Senate continue this telework bill, which I think will to obstruct the extension of unemploy- save the taxpayers millions and mil- ticle that was in the newspaper last February when we shut the government benefits. I hope nobody goes lions of dollars. home for an August recess until unem- Mr. SHUSTER. Will the gentleman ment down, or the Democrats shut the government down for a week. They ployment benefits are extended. yield? My friends say we can’t afford to pay were losing $100 million a day. But Mr. MCGOVERN. I’m happy to yield for it. Can’t afford to pay to help peo- they found out 30 percent of the people to the gentleman. ple in our own country. Yet last week were logging into their computers, so Mr. SHUSTER. When we did the $33 billion in borrowed money for na- they call that a savings of $30 million stimulus bill, we spent money on all tion building that supports a corrupt different kinds of programs, many of per day. Listen, the American people are tired government in Afghanistan. They all which don’t create jobs. Only 8 percent support it. No questions asked. All bor- went to infrastructure in this country, of that kind of thing being passed off as a study. There is no study. rowed money. And I get it. You know, 8 percent, which is a very small if you think it’s important, fine. But if amount. Madam Speaker, this bill does not need to be passed. This rule does not nation building in Afghanistan is im- Mr. MCGOVERN. I reclaim my time. portant, a little bit more nation build- But the fact of the matter is a lot of in- need to be passed. The SPEAKER pro tempore. The ing here in the United States of Amer- frastructure projects are going on in ica is important. Pennsylvania right now. And the peo- time of the gentlewoman has expired. Mr. MCGOVERN. Madam Speaker, I We have to take care of our people ple who are working on those jobs are yield the gentlelady an additional 20 here who are experiencing very dif- happy to have a job. And the people seconds to finish her statement. ficult times because of the troubled who run the State are happy that they Ms. FOXX. Madam Speaker, I ask economy. We just can’t sit here and are able to make some improvements unanimous consent that the text of the bicker and bicker and bicker and let because States have been suffering amendment and extraneous material people lose their homes and let people greatly as a result of this economy. be placed in the RECORD prior to the not be able to pay their bills or put So, you know, I would also point out vote on the previous question. food on their table. again that, for all the talk of jobs, The SPEAKER pro tempore. Is there The fact of the matter is, Madam when they were in charge, we were los- objection to the request of the gentle- Speaker, this President has accom- ing on average 750,000 jobs a month; woman from North Carolina? plished a great deal in a very short 750,000 jobs a month we were losing There was no objection. time. And my expectation is that if we when they were in charge. Mr. MCGOVERN. Madam Speaker, continue to follow his economic agen- We’re now gaining jobs, not as many how much time do I have remaining? da, that we will see this economy get as we would like, but we’re moving in The SPEAKER pro tempore. The gen- on stronger footing. The bill that’s be- a different direction. I don’t want to go tleman has 8 minutes remaining. fore us, the telework bill, I think is a backwards. I don’t want to go back- Mr. MCGOVERN. Madam Speaker, I good bill. It will save the taxpayers wards to 22 consecutive months of job won’t take the full 8 minutes, but I lots of money. IBM, a private-sector loss. again want to point out a couple of company, says it saved them tens of Barack Obama has created more jobs facts to my colleagues here. We are millions of dollars each year. If it can in 1 year than George Bush created in faced with a very difficult economy, save IBM tens of millions of dollars 8 years, and that is a fact. And so to all and this is an economy that President each year, it ought to save the Federal my colleagues who are talking about Obama inherited. He is trying to dig Government hundreds of millions. Let jobs, here’s your choice: you can go this economy out of the ditch that my us take that money, put it toward def- backwards and experience once again friends on the other side of the aisle icit reduction or put it toward helping historic job losses, or you can stick dug us into. It is not easy, and it’s not our people who are in deep trouble as with this economic agenda, get going to happen overnight. this economy tries to recover. through this difficult time, put people But it is a fact that Barack Obama Madam Speaker, I would close by back to work, get this economy moving has created more jobs in 1 year than urging my colleagues to support the again and start paying down our debt. George Bush created in 8 years. We rule. I would urge a ‘‘yes’’ vote on the Madam Speaker, I reserve the bal- were losing hundreds of thousands of previous question on the rule. ance of my time. jobs on average each month when The material previously referred to Ms. FOXX. Madam Speaker, my col- President Bush was in office. We are by Ms. FOXX is as follows: league again is very selectively using now gaining jobs; not as many as we AMENDMENT TO H. RES. 1509 OFFERED BY MS. statistics. He knows that he cannot would like, not as fast as we would FOXX OF NORTH CAROLINA back up the data that says that in the like, but we are moving in a very dif- At the end of the resolution add the fol- first year of President Obama’s admin- ferent direction. We’re moving in the lowing new section: istration he has created more jobs than direction where we are creating more SEC. 4. Immediately upon the adoption of in all the Bush administration. this resolution the Speaker shall, pursuant jobs, and we’re moving toward a to clause 2(b) of rule XVIII, declare the I have this chart which shows the un- healthier economy. That is just the House resolved into the Committee of the employment rate under President fact. Whole House on the state of the Union for Obama, under President Bush; and, And the question is, Do we try to consideration of the bill (H.R. 5679) to pre- again, we had many more jobs created work with this administration to get vent funding from the American Recovery

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5575 and Reinvestment Act of 2009 from being tion of the previous question used in the Higgins McIntyre Sanchez, Loretta used for physical signage indicating that a Floor Procedures Manual published by the Himes McMahon Sarbanes project is funded by such Act, and for other Rules Committee in the 109th Congress, Hinchey McNerney Schakowsky Hirono Meek (FL) Schauer purposes. The first reading of the bill shall (page 56). Here’s how the Rules Committee Hodes Meeks (NY) Schiff be dispensed with. All points of order against described the rule using information from Holden Melancon Schrader consideration of the bill are waived. General Congressional Quarterly’s ‘‘American Con- Holt Michaud Schwartz debate shall be confined to the bill and shall gressional Dictionary’’: ‘‘If the previous Honda Miller (NC) Scott (GA) not exceed one hour equally divided and con- question is defeated, control of debate shifts Hoyer Miller, George Scott (VA) trolled by the Majority Leader and the Mi- to the leading opposition member (usually Inslee Mollohan Serrano nority Leader or their respective designees. the minority Floor Manager) who then man- Israel Moore (KS) Sestak Jackson (IL) Moore (WI) Shea-Porter After general debate the bill shall be consid- ages an hour of debate and may offer a ger- Jackson Lee Moran (VA) Sherman ered for amendment under the five-minute mane amendment to the pending business.’’ (TX) Murphy (CT) Shuler rule. During consideration of the bill for Deschler’s Procedure in the U.S. House of Johnson (GA) Murphy (NY) Sires amendment, the Chairman of the Committee Representatives, the subchapter titled Johnson, E. B. Murphy, Patrick Skelton of the Whole may accord priority in recogni- ‘‘Amending Special Rules’’ states: ‘‘a refusal Kanjorski Nadler (NY) Slaughter tion on the basis of whether the Member of- to order the previous question on such a rule Kaptur Napolitano Smith (WA) fering an amendment has caused it to be [a special rule reported from the Committee Kennedy Neal (MA) Snyder Kildee Oberstar Speier printed in the portion of the Congressional on Rules] opens the resolution to amend- Kilpatrick (MI) Obey Spratt Record designated for that purpose in clause ment and further debate.’’ (Chapter 21, sec- Kilroy Olver Stark 8 of rule XVIII. Amendments so printed shall tion 21.2) Section 21.3 continues: ‘‘Upon re- Kind Ortiz Stupak be considered as read. At the conclusion of jection of the motion for the previous ques- Kissell Owens Sutton consideration of the bill for amendment the tion on a resolution reported from the Com- Klein (FL) Pallone Tanner Committee shall rise and report the bill to mittee on Rules, control shifts to the Mem- Kosmas Pascrell Teague the House with such amendments as may ber leading the opposition to the previous Kucinich Pastor (AZ) Thompson (CA) Langevin Payne Thompson (MS) have been adopted. The previous question question, who may offer a proper amendment Larsen (WA) Perlmutter Tierney shall be considered as ordered on the bill and or motion and who controls the time for de- Larson (CT) Perriello Titus amendments thereto to final passage with- bate thereon.’’ Lee (CA) Peters Tonko out intervening motion except one motion to Clearly, the vote on the previous question Levin Peterson Towns recommit with or without instructions. If on a rule does have substantive policy impli- Lewis (GA) Pingree (ME) Tsongas the Committee of the Whole rises and re- cations. It is one of the only available tools Lipinski Polis (CO) Van Hollen ports that it has come to no resolution on for those who oppose the Democratic major- Loebsack Pomeroy Vela´ zquez Lofgren, Zoe Price (NC) Visclosky the bill, then on the next legislative day the ity’s agenda and allows those with alter- Lowey Quigley Walz House shall, immediately after the third native views the opportunity to offer an al- Luja´ n Rahall Wasserman daily order of business under clause 1 of rule ternative plan. Lynch Rangel Schultz XIV, resolve into the Committee of the Mr. MCGOVERN. I yield back the bal- Maffei Reyes Waters Maloney Richardson Watson Whole for further consideration of the bill. ance of my time, and I move the pre- Clause 1(c) of rule XIX shall not apply to the Markey (CO) Rodriguez Watt consideration of H.R. 5679. vious question on the resolution. Markey (MA) Ross Waxman The SPEAKER pro tempore. The Matheson Rothman (NJ) Weiner Matsui Roybal-Allard Welch (The information contained herein was question is on ordering the previous McCarthy (NY) Ruppersberger Wilson (OH) provided by Democratic Minority on mul- question. McCollum Rush Woolsey tiple occasions throughout the 109th Con- The question was taken; and the McDermott Ryan (OH) Wu gress.) Speaker pro tempore announced that McGovern Salazar Yarmuth THE VOTE ON THE PREVIOUS QUESTION: WHAT the ayes appeared to have it. NAYS—184 IT REALLY MEANS Ms. FOXX. Madam Speaker, on that I Aderholt Diaz-Balart, L. Kratovil This vote, the vote on whether to order the demand the yeas and nays. Akin Diaz-Balart, M. Lamborn previous question on a special rule, is not The yeas and nays were ordered. Alexander Djou Lance Austria Dreier Latham merely a procedural vote. A vote against or- The SPEAKER pro tempore. Pursu- dering the previous question is a vote Bachmann Duncan LaTourette against the Democratic majority agenda and ant to clause 8 and clause 9 of rule XX, Barrett (SC) Ehlers Latta a vote to allow the opposition, at least for this 15-minute vote on ordering the Bartlett Emerson Lee (NY) Barton (TX) Fallin Lewis (CA) the moment, to offer an alternative plan. It previous question will be followed by 5- Biggert Flake Linder is a vote about what the House should be de- minute votes on adopting House Reso- Bilbray Fleming LoBiondo bating. lution 1509, if ordered; and suspending Bilirakis Forbes Lucas Mr. Clarence Cannon’s Precedents of the the rules and passing H.R. 2864. Bishop (UT) Fortenberry Luetkemeyer Blackburn Foxx Lummis House of Representatives, (VI, 308–311) de- The vote was taken by electronic describes the vote on the previous question on Blunt Franks (AZ) Lungren, Daniel the rule as ‘‘a motion to direct or control the vice, and there were—yeas 232, nays Boehner Frelinghuysen E. 184, not voting 16, as follows: Bonner Gallegly Mack consideration of the subject before the House Bono Mack Garrett (NJ) Manzullo being made by the Member in charge.’’ To [Roll No. 437] Boozman Gerlach Marchant defeat the previous question is to give the YEAS—232 Boustany Giffords McCarthy (CA) opposition a chance to decide the subject be- Brady (TX) Gingrey (GA) McCaul Ackerman Carney Doggett Bright Gohmert McClintock fore the House. Cannon cites the Speaker’s Adler (NJ) Carson (IN) Donnelly (IN) Broun (GA) Goodlatte McCotter ruling of January 13, 1920, to the effect that Altmire Castor (FL) Doyle Brown (SC) Granger McHenry ‘‘the refusal of the House to sustain the de- Andrews Chandler Driehaus Brown-Waite, Graves (GA) McKeon Arcuri Chu Edwards (MD) mand for the previous question passes the Ginny Graves (MO) McMorris Baca Clarke Edwards (TX) control of the resolution to the opposition’’ Buchanan Griffith Rodgers Baird Clay Ellison in order to offer an amendment. On March Burgess Guthrie Mica Baldwin Cleaver Ellsworth 15, 1909, a member of the majority party of- Burton (IN) Hall (TX) Miller (FL) Barrow Clyburn Engel Buyer Harper Miller (MI) fered a rule resolution. The House defeated Bean Cohen Eshoo Calvert Hastings (WA) Miller, Gary the previous question and a member of the Becerra Connolly (VA) Etheridge Camp Heller Minnick opposition rose to a parliamentary inquiry, Berkley Conyers Farr Campbell Hensarling Mitchell Berman Cooper Fattah asking who was entitled to recognition. Cantor Herger Moran (KS) Berry Costa Filner Speaker Joseph G. Cannon (R–Illinois) said: Cao Hill Murphy, Tim Bishop (GA) Costello Foster ‘‘The previous question having been refused, Capito Hunter Myrick Bishop (NY) Courtney Frank (MA) the gentleman from New York, Mr. Fitz- Carter Inglis Neugebauer Blumenauer Critz Fudge Cassidy Issa Nunes gerald, who had asked the gentleman to Boccieri Crowley Gonzalez Castle Jenkins Nye yield to him for an amendment, is entitled to Boren Cuellar Gordon (TN) Chaffetz Johnson (IL) Paul the first recognition.’’ Boswell Dahlkemper Grayson Childers Johnson, Sam Paulsen Boucher Davis (AL) Green, Al Because the vote today may look bad for Coble Jones Pence Boyd Davis (CA) Green, Gene the Democratic majority they will say ‘‘the Coffman (CO) Jordan (OH) Petri Brady (PA) Davis (IL) Gutierrez vote on the previous question is simply a Cole King (IA) Pitts Braley (IA) Davis (TN) Hall (NY) vote on whether to proceed to an immediate Conaway King (NY) Platts Brown, Corrine DeFazio Halvorson Crenshaw Kingston Poe (TX) vote on adopting the resolution . . . [and] Butterfield DeGette Hare Culberson Kirk Posey has no substantive legislative or policy im- Capps DeLauro Harman Davis (KY) Kirkpatrick (AZ) Price (GA) plications whatsoever.’’ But that is not what Cardoza Dicks Heinrich Dent Kline (MN) Putnam they have always said. Listen to the defini- Carnahan Dingell Herseth Sandlin

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5576 CONGRESSIONAL RECORD — HOUSE July 14, 2010 Radanovich Schock Thompson (PA) Lee (CA) Obey Sestak Turner Wamp Wittman Rehberg Sensenbrenner Thornberry Levin Olver Shea-Porter Upton Westmoreland Young (AK) Reichert Sessions Tiberi Lewis (GA) Ortiz Sherman Walden Wilson (SC) Young (FL) Roe (TN) Shadegg Lipinski Owens Skelton Turner NOT VOTING—14 Rogers (AL) Shimkus Upton Loebsack Pallone Slaughter Rogers (KY) Shuster Walden Lofgren, Zoe Pascrell Smith (WA) Bachus Kagen Sa´ nchez, Linda Rogers (MI) Simpson Wamp Lowey Pastor (AZ) Snyder Deutch Marshall T. ´ Rohrabacher Smith (NE) Westmoreland Lujan Payne Space Hastings (FL) McKeon Sires Rooney Smith (NJ) Wilson (SC) Lynch Perlmutter Speier Hinojosa McMahon Tiahrt Ros-Lehtinen Smith (TX) Maffei Perriello Spratt Wittman Hoekstra Olson Whitfield Roskam Space Maloney Peters Stark Wolf Royce Stearns Markey (CO) Peterson Stupak 1338 Young (AK) b Ryan (WI) Sullivan Markey (MA) Pingree (ME) Sutton Scalise Taylor Young (FL) Matheson Polis (CO) Tanner Mr. REICHERT changed his vote Schmidt Terry Matsui Pomeroy Teague from ‘‘aye’’ to ‘‘no.’’ McCarthy (NY) Price (NC) Thompson (CA) So the resolution was agreed to. NOT VOTING—16 McCollum Quigley Thompson (MS) Bachus Grijalva Olson McDermott Rahall Tierney The result of the vote was announced Capuano Hastings (FL) Sa´ nchez, Linda McGovern Rangel Titus as above recorded. Cummings Hinojosa T. McIntyre Reyes Tonko A motion to reconsider was laid on Delahunt Hoekstra Tiahrt McNerney Richardson Towns the table. Deutch Kagen Whitfield Meek (FL) Rodriguez Tsongas Garamendi Marshall Meeks (NY) Ross Van Hollen Stated for: Melancon Rothman (NJ) Vela´ zquez Mr. MCMAHON. Madam Speaker, on rollcall b 1329 Michaud Roybal-Allard Visclosky No. 438, had I been present, I would have Miller (NC) Ruppersberger Walz Mrs. CAPITO, Messrs. BARTON of Miller, George Rush Wasserman voted ‘‘yes.’’ Texas, CRENSHAW, LUETKEMEYER, Mollohan Ryan (OH) Schultz f and ISSA changed their vote from Moore (KS) Salazar Waters Moore (WI) Sanchez, Loretta Watson AUTHORIZING HYDROGRAPHIC ‘‘yea’’ to ‘‘nay.’’ Moran (VA) Sarbanes Watt Ms. SPEIER changed her vote from Murphy (CT) Schakowsky Waxman SERVICES FOR LOSS OF ICE IN ‘‘nay’’ to ‘‘yea.’’ Murphy (NY) Schauer Weiner ARCTIC So the previous question was ordered. Murphy, Patrick Schiff Welch Nadler (NY) Schrader Wilson (OH) The SPEAKER pro tempore. The un- The result of the vote was announced Napolitano Schwartz Wolf finished business is the vote on the mo- as above recorded. Neal (MA) Scott (GA) Woolsey tion to suspend the rules and pass the The SPEAKER pro tempore. The Nye Scott (VA) Wu bill (H.R. 2864) to amend the Hydro- Oberstar Serrano Yarmuth question is on the resolution. graphic Services Improvement Act of The question was taken; and the NOES—180 1998 to authorize funds to acquire hy- Speaker pro tempore announced that Aderholt Fortenberry McCotter drographic data and provide hydro- the ayes appeared to have it. Akin Foxx McHenry graphic services specific to the Arctic RECORDED VOTE Alexander Franks (AZ) McMorris for safe navigation, delineating the Austria Frelinghuysen Rodgers Ms. FOXX. Madam Speaker, I de- Bachmann Gallegly Mica United States extended continental mand a recorded vote. Barrett (SC) Garrett (NJ) Miller (FL) shelf, and the monitoring of coastal A recorded vote was ordered. Bartlett Gerlach Miller (MI) changes, as amended, on which the Barton (TX) Giffords Miller, Gary yeas and nays were ordered. The SPEAKER pro tempore. This Biggert Gingrey (GA) Minnick will be a 5-minute vote. Bilbray Gohmert Mitchell The Clerk read the title of the bill. The vote was taken by electronic de- Bilirakis Goodlatte Moran (KS) The SPEAKER pro tempore. The vice, and there were—ayes 238, noes 180, Bishop (UT) Granger Murphy, Tim question is on the motion offered by Blackburn Graves (GA) Myrick not voting 14, as follows: Blunt Graves (MO) Neugebauer the gentlewoman from Guam (Ms. [Roll No. 438] Boehner Griffith Nunes BORDALLO) that the House suspend the Bonner Guthrie Paul AYES—238 rules and pass the bill, as amended. Bono Mack Hall (TX) Paulsen This will be a 5-minute vote. Ackerman Connolly (VA) Grayson Boozman Halvorson Pence Adler (NJ) Conyers Green, Al Boustany Harper Petri The vote was taken by electronic de- Altmire Cooper Green, Gene Brady (TX) Hastings (WA) Pitts vice, and there were—yeas 420, nays 0, Andrews Costa Grijalva Broun (GA) Heller Platts not voting 12, as follows: Arcuri Costello Gutierrez Brown (SC) Hensarling Poe (TX) Baca Courtney Hall (NY) Brown-Waite, Herger Posey [Roll No. 439] Baird Critz Hare Ginny Hill Price (GA) YEAS—420 Baldwin Crowley Harman Buchanan Hunter Putnam Ackerman Bono Mack Cassidy Barrow Cuellar Heinrich Burgess Inglis Radanovich Aderholt Boozman Castle Bean Cummings Herseth Sandlin Burton (IN) Issa Rehberg Adler (NJ) Boren Castor (FL) Becerra Dahlkemper Higgins Buyer Jenkins Reichert Akin Boswell Chaffetz Berkley Davis (AL) Himes Calvert Johnson (IL) Roe (TN) Alexander Boucher Chandler Berman Davis (CA) Hinchey Camp Johnson, Sam Rogers (AL) Altmire Boustany Childers Berry Davis (IL) Hirono Campbell Jones Rogers (KY) Arcuri Boyd Chu Bishop (GA) Davis (TN) Hodes Cantor Jordan (OH) Rogers (MI) Austria Brady (PA) Clarke Bishop (NY) DeFazio Holden Cao King (IA) Rohrabacher Baca Braley (IA) Clay Blumenauer DeGette Holt Capito King (NY) Rooney Bachmann Bright Cleaver Boccieri Delahunt Honda Carter Kingston Ros-Lehtinen Baird Broun (GA) Clyburn Boren DeLauro Hoyer Cassidy Kirk Roskam Baldwin Brown (SC) Coble Boswell Dicks Inslee Castle Kline (MN) Royce Barrett (SC) Brown, Corrine Coffman (CO) Boucher Dingell Israel Chaffetz Kratovil Ryan (WI) Barrow Brown-Waite, Cohen Boyd Doggett Jackson (IL) Childers Lamborn Scalise Bartlett Ginny Cole Brady (PA) Donnelly (IN) Jackson Lee Coble Lance Schmidt Barton (TX) Buchanan Conaway Braley (IA) Doyle (TX) Coffman (CO) Latham Schock Bean Burgess Connolly (VA) Bright Driehaus Johnson (GA) Cole LaTourette Sensenbrenner Becerra Burton (IN) Cooper Brown, Corrine Edwards (MD) Johnson, E. B. Conaway Latta Sessions Berkley Butterfield Costa Butterfield Edwards (TX) Kanjorski Crenshaw Lee (NY) Shadegg Berman Buyer Costello Capps Ellison Kaptur Culberson Lewis (CA) Shimkus Berry Calvert Courtney Capuano Ellsworth Kennedy Davis (KY) Linder Shuler Biggert Camp Crenshaw Cardoza Engel Kildee Dent LoBiondo Shuster Bilbray Campbell Critz Carnahan Eshoo Kilpatrick (MI) Diaz-Balart, L. Lucas Simpson Bilirakis Cantor Crowley Carney Etheridge Kilroy Diaz-Balart, M. Luetkemeyer Smith (NE) Bishop (GA) Cao Cuellar Carson (IN) Farr Kind Djou Lummis Smith (NJ) Bishop (NY) Capito Culberson Castor (FL) Fattah Kirkpatrick (AZ) Dreier Lungren, Daniel Smith (TX) Bishop (UT) Capps Cummings Chandler Filner Kissell Duncan E. Stearns Blackburn Capuano Dahlkemper Chu Foster Klein (FL) Ehlers Mack Sullivan Blumenauer Cardoza Davis (AL) Clarke Frank (MA) Kosmas Emerson Manzullo Taylor Blunt Carnahan Davis (CA) Clay Fudge Kucinich Fallin Marchant Terry Boccieri Carney Davis (IL) Cleaver Garamendi Langevin Flake McCarthy (CA) Thompson (PA) Boehner Carson (IN) Davis (KY) Clyburn Gonzalez Larsen (WA) Fleming McCaul Thornberry Bonner Carter Davis (TN) Cohen Gordon (TN) Larson (CT) Forbes McClintock Tiberi

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5577 DeFazio Kildee Pallone Towns Wasserman Wilson (OH) ‘‘6504. Telework Managing Officer. DeGette Kilpatrick (MI) Pascrell Tsongas Schultz Wilson (SC) ‘‘6505. Evaluating telework in agencies. Delahunt Kilroy Pastor (AZ) Turner Waters Wittman ‘‘§ 6501. Definitions DeLauro Kind Paul Upton Watson Wolf Dent King (IA) Paulsen Van Hollen Watt Woolsey ‘‘For purposes of this chapter— ‘‘(1) the term ‘agency’ means an Executive Diaz-Balart, L. King (NY) Payne Vela´ zquez Waxman Wu Diaz-Balart, M. Kingston Pence Visclosky Weiner Yarmuth agency (as defined by section 105), except as Dicks Kirk Perlmutter Walden Welch Young (AK) otherwise provided in this chapter; Walz Westmoreland Dingell Kirkpatrick (AZ) Perriello Young (FL) ‘‘(2) the term ‘telework’ or ‘teleworking’ refers Djou Kissell Peters Wamp Whitfield to a work flexibility arrangement under which Doggett Klein (FL) Peterson NOT VOTING—12 an employee performs the duties and respon- Donnelly (IN) Kline (MN) Petri sibilities of such employee’s position, and other ´ Doyle Kosmas Pingree (ME) Andrews Hastings (FL) Sanchez, Linda authorized activities, from an approved worksite Dreier Kratovil Pitts Bachus Hinojosa T. other than the location from which the em- Driehaus Kucinich Platts Brady (TX) Hoekstra Tiahrt Duncan Lamborn Poe (TX) Conyers Kagen ployee would otherwise work; Edwards (MD) Lance Polis (CO) Deutch Olson ‘‘(3) the term ‘continuity of operations’, as Edwards (TX) Langevin Pomeroy used with respect to an agency, refers to meas- Ehlers Larsen (WA) Posey ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ures designed to ensure that functions essential Ellison Larson (CT) Price (GA) The SPEAKER pro tempore (during to the mission of the agency can continue to be Ellsworth Latham Price (NC) the vote). There are 2 minutes remain- performed during a wide range of emergencies, Emerson LaTourette Putnam ing in this vote. including localized acts of nature, accidents, Engel Latta Quigley public health emergencies, and technological or Eshoo Lee (CA) Radanovich b 1346 attack-related emergencies; and Etheridge Lee (NY) Rahall ‘‘(4) the term ‘Telework Managing Officer’ Fallin Levin Rangel So (two-thirds being in the affirma- means, with respect to an agency, the Telework Farr Lewis (CA) Rehberg tive) the rules were suspended and the Fattah Lewis (GA) Reichert Managing Officer of the agency designated Filner Linder Reyes bill, as amended, was passed. under section 6504. Flake Lipinski Richardson The result of the vote was announced ‘‘§ 6502. Governmentwide telework require- Fleming LoBiondo Rodriguez as above recorded. ment Forbes Loebsack Roe (TN) A motion to reconsider was laid on ‘‘(a) TELEWORK REQUIREMENT.— Fortenberry Lofgren, Zoe Rogers (AL) ‘‘(1) IN GENERAL.—Not later than one year Foster Lowey Rogers (KY) the table. after the date of the enactment of this chapter, Foxx Lucas Rogers (MI) f Frank (MA) Luetkemeyer Rohrabacher the head of each agency shall establish a policy Franks (AZ) Luja´ n Rooney PERSONAL EXPLANATION under which employees shall be authorized to Frelinghuysen Lummis Ros-Lehtinen telework, subject to paragraph (2) and sub- Fudge Lungren, Daniel Roskam Mr. BACHUS. Madam Speaker, on July 14, section (b). Gallegly E. Ross 2010, I missed rollcall votes 437, 438 and 439 ‘‘(2) AGENCY POLICIES.—The head of each Garamendi Lynch Rothman (NJ) while visiting with World War II veterans from agency shall ensure— Garrett (NJ) Mack Roybal-Allard ‘‘(A) that the telework policy established Gerlach Maffei Royce my district at the National World War II Memo- under this section— Giffords Maloney Ruppersberger rial as part of the Birmingham Honor Flight ‘‘(i) conforms to the regulations promulgated Gingrey (GA) Manzullo Rush program. Had I been present, I would have by the Director of the Office of Personnel Man- Gohmert Marchant Ryan (OH) Gonzalez Markey (CO) Ryan (WI) voted ‘‘nay’’ on Nos. 437 and 438 and voted agement under section 6503, and Goodlatte Markey (MA) Salazar ‘‘yea’’ on No. 439. ‘‘(ii) authorizes employees to telework to the Gordon (TN) Marshall Sanchez, Loretta maximum extent possible without diminishing Granger Matheson Sarbanes f agency operations and performance; and Graves (GA) Matsui Scalise ‘‘(B) that information on whether a position is Graves (MO) McCarthy (CA) Schakowsky TELEWORK IMPROVEMENTS ACT eligible for telework is included in descriptions Grayson McCarthy (NY) Schauer OF 2010 of available positions and recruiting mate- Green, Al McCaul Schiff rials.’’. Green, Gene McClintock Schmidt Mr. LYNCH. Madam Speaker, pursuant to House Resolution 1509, I call up ‘‘(b) PROVISIONS RELATING TO CERTAIN CIR- Griffith McCollum Schock CUMSTANCES.—Nothing in subsection (a) shall be Grijalva McCotter Schrader the bill (H.R. 1722) to improve tele- considered— Guthrie McDermott Schwartz working in executive agencies by de- Gutierrez McGovern Scott (GA) ‘‘(1) to require the head of an agency to au- Hall (NY) McHenry Scott (VA) veloping a telework program that al- thorize teleworking in the case of an employee Hall (TX) McIntyre Sensenbrenner lows employees to telework at least 20 whose duties and responsibilities— Halvorson McKeon Serrano percent of the hours worked in every 2 ‘‘(A) require daily direct handling of classified Hare McMahon Sessions information; or Harman McMorris Sestak administrative workweeks, and for ‘‘(B) are such that their performance requires Harper Rodgers Shadegg other purposes, and ask for its imme- on-site activity which cannot be carried out Hastings (WA) McNerney Shea-Porter diate consideration in the House. from a site removed from the employee’s regular Heinrich Meek (FL) Sherman The Clerk read the title of the bill. place of employment; or Heller Meeks (NY) Shimkus ‘‘(2) to prevent the temporary denial of per- Hensarling Melancon Shuler The SPEAKER pro tempore. Pursu- Herger Mica Shuster ant to House Resolution 1509, the mission for an employee to telework if, in the Herseth Sandlin Michaud Simpson amendment in the nature of a sub- judgment of the agency head, the employee is Higgins Miller (FL) Sires needed to respond to an emergency. Hill Miller (MI) Skelton stitute printed in the bill, modified by ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this Himes Miller (NC) Slaughter the amendment printed in House Re- chapter shall— Hinchey Miller, Gary Smith (NE) port 111–535, is adopted and the bill, as ‘‘(1) be considered to require any employee to Hirono Miller, George Smith (NJ) amended, is considered read. telework; Hodes Minnick Smith (TX) The text of the bill, as amended, is as ‘‘(2) prevent an agency from permitting an Holden Mitchell Smith (WA) employee to telework as part of a continuity of Holt Mollohan Snyder follows: operations plan; or Honda Moore (KS) Space H.R. 1722 Hoyer Moore (WI) Speier ‘‘(3) authorize telework by an employee who Hunter Moran (KS) Spratt Be it enacted by the Senate and House of Rep- has been officially disciplined for violations of Inglis Moran (VA) Stark resentatives of the United States of America in subpart G of the Standards of Ethical Conduct Inslee Murphy (CT) Stearns Congress assembled, for Employees of the Executive Branch for view- Israel Murphy (NY) Stupak SECTION 1. SHORT TITLE. ing, downloading, or exchanging pornography, Issa Murphy, Patrick Sullivan including child pornography.’’. Jackson (IL) Murphy, Tim Sutton This Act may be cited as the ‘‘Telework Im- Jackson Lee Myrick Tanner provements Act of 2010’’. ‘‘§ 6503. Implementation (TX) Nadler (NY) Taylor SEC. 2. TELEWORK. ‘‘(a) RESPONSIBILITIES OF AGENCIES.—The Jenkins Napolitano Teague (a) IN GENERAL.—Part III of title 5, United head of each agency shall ensure that— Johnson (GA) Neal (MA) Terry ‘‘(1) appropriate training is provided to super- Johnson (IL) Neugebauer Thompson (CA) States Code, is amended by inserting after chapter 63 the following: visors and managers, and to all employees who Johnson, E. B. Nunes Thompson (MS) are authorized to telework, as directed by the Johnson, Sam Nye Thompson (PA) ‘‘CHAPTER 65—TELEWORK Telework Managing Officer of such agency; Jones Oberstar Thornberry Jordan (OH) Obey Tiberi ‘‘Sec. ‘‘(2) the training covers the information secu- Kanjorski Olver Tierney ‘‘6501. Definitions. rity guidelines issued by the Director of the Of- Kaptur Ortiz Titus ‘‘6502. Governmentwide telework requirement. fice of Management and Budget under this sec- Kennedy Owens Tonko ‘‘6503. Implementation. tion;

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5578 CONGRESSIONAL RECORD — HOUSE July 14, 2010 ‘‘(3) no distinction is made between tele- ‘‘(2) if the agency does not have a Chief ‘‘§ 6505. Evaluating telework in agencies workers and nonteleworkers for purposes of— Human Capital Officer, by the head of such ‘‘(a) ANNUAL REPORT BY OPM.— ‘‘(A) periodic appraisals of job performance of agency. ‘‘(1) IN GENERAL.—The Director of the Office employees, ‘‘(b) STATUS WITHIN AGENCY.—The Telework of Personnel Management shall submit to the ‘‘(B) training, rewarding, reassigning, pro- Managing Officer of an agency shall be a senior Comptroller General and the appropriate com- moting, reducing in grade, retaining, or remov- official of the agency who has direct access to mittees of Congress a report evaluating the ex- ing employees, the head of the agency. tent to which each agency is in compliance with ‘‘(C) work requirements, or ‘‘(c) LIMITATIONS.—An individual may not this chapter with respect to the period covered ‘‘(D) other acts involving managerial discre- hold the position of Telework Managing Officer by the report, and shall include in the report an tion; as a noncareer appointee (as defined in section evaluation of each of the following: ‘‘(4) in determining what constitutes dimin- 3132(a)(7)), and such position may not be con- ‘‘(A) The degree of participation by employees ished performance in the case of an employee sidered or determined to be of a confidential, of the agency in teleworking during the period. who teleworks, the agency shall consult the per- policy-determining, policy-making, or policy ad- In the case of an agency which is an Executive formance management guidelines of the Office vocating character. department, the evaluation will include the de- ‘‘(d) DUTIES AND RESPONSIBILITIES.—Each of Personnel Management; and gree of participation by employees of each com- Telework Managing Officer of an agency ‘‘(5) in the case of an agency which is named ponent within the department, including— in paragraph (1) or (2) of section 901(b) of title shall— ‘‘(1) provide advice on teleworking to the head ‘‘(i) the total number of employees in the 31, the agency incorporates telework in its con- agency; tinuity of operations plans and uses telework in of such agency and to the Chief Human Capital Officer of such agency (if any); ‘‘(ii) the number and percentage of such em- response to emergencies. ployees who are eligible to telework; and ‘‘(b) RESPONSIBILITIES OF OPM.—The Director ‘‘(2) serve as a resource on teleworking for supervisors, managers, and employees of such ‘‘(iii) the number and percentage of such em- of the Office of Personnel Management shall— ployees who do telework, broken down by the ‘‘(1) not later than 180 days after the date of agency; ‘‘(3) serve as the primary point of contact on number and percentage who telework 3 or more the enactment of this chapter, in consultation days per week, one or two days per week, and with the Administrator of General Services, pro- telework matters for agency employees and (with respect to such agency) for Congress and less frequently than one day per week. mulgate regulations necessary to carry out this ‘‘(B) The method the agency uses to gather chapter, except that such regulations shall not other agencies; ‘‘(4) work with senior management of the data on telework and the techniques used to apply with respect to the Government Account- agency to develop and implement a plan to in- verify and validate such data. ability Office; corporate telework into the agency’s regular ‘‘(C) Whether the total number of employees ‘‘(2) provide advice, assistance, and any nec- business strategies and its continuity of oper- who telework is at least 10% higher or lower essary training to agencies with respect to the ations strategies, taking into consideration fac- than the number who teleworked during the requirements of this chapter, including with re- tors such as— previous reporting period and the reasons iden- spect to— ‘‘(A) cost-effectiveness, tified for any such change. ‘‘(A) questions of eligibility to telework, such ‘‘(B) equipment, ‘‘(D) The agency’s goal for increasing the as the effect of employee performance on eligi- ‘‘(C) training, and number of employees who telework in the next bility, and ‘‘(D) data collection; reporting period. ‘‘(B) making telework part of the agency’s ‘‘(5) ensure that the agency’s telework policy ‘‘(E) The extent to which the agency met the goals, including those of individual supervisors is communicated effectively to employees; goal described in subparagraph (D) for its pre- and managers; and ‘‘(6) ensure that electronic or written notifica- vious report, and, if the agency failed to meet ‘‘(3) in consultation with the Administrator of tion is provided to each employee of specific the goal, the actions the agency plans to take to General Services, maintain a central, publicly telework programs and the agency’s telework meet the goal for the next reporting period. available telework website that includes— policy, including authorization criteria and ap- ‘‘(F) The best practices in agency telework ‘‘(A) any regulations relating to telework and plication procedures; programs. any other information the Director considers ap- ‘‘(7) develop and administer a tracking system ‘‘(G) In the case of an agency which is named propriate, for compliance with Governmentwide telework in paragraph (1) or (2) of section 901(b) of title ‘‘(B) an e-mail address which may be used to reporting requirements; 31, the extent to which the agency incorporated submit comments to the Director on agency ‘‘(8) provide to the Director of the Office of telework in its continuity of operations plans telework programs or agreements, and Personnel Management and the Comptroller and used telework in response to emergencies. ‘‘(C) a copy of all reports issued under section General such information as such individuals ‘‘(2) MINIMUM REQUIREMENT FOR COMPLI- 6505(a). may require to prepare the reports required ANCE.—For purposes of the reports required ‘‘(c) SECURITY GUIDELINES.—The Director of under section 6505, including the techniques under this subsection, the Director shall deter- the Office of Management and Budget, in co- used to verify and validate data on telework, ex- mine that an agency is in compliance with the ordination with the National Institute of Stand- cept that this paragraph shall not apply with requirements of this chapter if the Director finds ards and Technology, shall issue guidelines not respect to the Government Accountability Of- that the agency— later than 180 days after the date of the enact- fice; ‘‘(A) reported the requested data accurately ment of this chapter to ensure the adequacy of ‘‘(9) establish a system for receiving feedback and in a timely manner; and information and security protections for infor- from agency employees on the telework policy of ‘‘(B) either met or exceeded the agency’s es- mation and information systems used while tele- the agency; tablished telework goals, or provided expla- working. Such guidelines shall, at a minimum, ‘‘(10) develop and implement a program to nations as to why the goals were not met as well include requirements necessary— identify and remove barriers to telework and to as the steps the agency is taking to meet the ‘‘(1) to control access to agency information maximize telework opportunities in the agency; goals. and information systems; ‘‘(11) track and retain information on all de- ‘‘(3) REPORTING PERIOD; TIMING.—The Direc- ‘‘(2) to protect agency information (including nials of permission to telework for employees tor shall submit a report under this subsection personally identifiable information) and infor- who are authorized to telework, and report such with respect to the first 1-year period for which mation systems; information on an annual basis to— the regulations promulgated by the Director ‘‘(3) to limit the introduction of ‘‘(A) the Chief Human Capital Officer of such under section 6503(b) are in effect and each of vulnerabilities; agency (or, if the agency does not have a Chief the 4 succeeding 1-year periods, and shall sub- ‘‘(4) to protect information systems not under Human Capital Officer, the head of such agen- mit the report with respect to a period not later the control of the agency that are used for tele- cy), and than 6 months after the last day of the period working; ‘‘(B) the Director of the Office of Personnel to which the report relates. ‘‘(5) to safeguard wireless and other tele- Management, for purposes of preparing the re- ‘‘(4) EXCLUSION OF GOVERNMENT ACCOUNT- communications capabilities that are used for ports required under section 6505(a), except that ABILITY OFFICE.—The Director shall not submit teleworking; and this subparagraph shall not apply with respect a report under this subsection with respect to ‘‘(6) to prevent inappropriate use of official to the Government Accountability Office; the Government Accountability Office. time or resources that violates subpart G of the ‘‘(12) ensure that employees are notified of ‘‘(b) REPORTS BY COMPTROLLER GENERAL.— Standards of Ethical Conduct for Employees of grievance procedures available to them (if any) ‘‘(1) EVALUATIONS OF REPORTS BY DIRECTOR the Executive Branch by viewing, downloading, with respect to any disputes that relate to OF OPM.—Not later than 6 months after the Di- or exchanging pornography, including child telework; and rector submits a report under subsection (a), the pornography.’’. ‘‘(13) perform such other duties and responsibilities relating to telework as the head of the Comptroller General shall review the report and ‘‘§ 6504. Telework Managing Officer agency may require. submit a report to the appropriate committees of ‘‘(a) DESIGNATION AND COMPENSATION.—Each ‘‘(e) RULE OF CONSTRUCTION REGARDING STA- Congress. The report shall evaluate the compli- agency shall designate an officer, to be known TUS OF TELEWORK MANAGING OFFICER.—Noth- ance of the Office of Personnel Management as the ‘Telework Managing Officer’. The ing in this section shall be construed to prohibit and agencies with this chapter and address the Telework Managing Officer of an agency shall an individual who holds another office or posi- overall progress of agencies in carrying out this be designated— tion in an agency from serving as the Telework chapter, and shall include such other informa- ‘‘(1) by the Chief Human Capital Officer of Managing Officer for the agency under this tion and recommendations as the Comptroller such agency; or chapter. General considers appropriate.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5579 ‘‘(2) REPORTS ON GOVERNMENT ACCOUNT- Administrator under this section, and the ra- JOHN SARBANES of Maryland, along ABILITY OFFICE.—The Comptroller General shall tionale for approval, to the appropriate commit- with myself and Representatives submit a report with respect to the Government tees of the Congress at least 30 days before the FRANK WOLF, GERRY CONNOLLY of Vir- Accountability Office in the same manner and effective date of the program. ginia, JIM MORAN of Virginia, DUTCH in accordance with the same requirements appli- ‘‘(c)(1) An agency authorized to conduct a test cable to a report submitted by the Director with program under this section shall provide to the RUPPERSBERGER of Maryland, and respect to any other agency under subsection Administrator, the Telework Managing Officer DANNY DAVIS of Illinois back in March (a). of that agency, and the appropriate committees 2009. The bill was then amended and or- ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS of Congress a report on the results of the pro- dered reported favorably by our sub- DEFINED.—In this section, the term ‘appropriate gram not later than 3 months after completion committee on March 24, and again committees of Congress’ means— of the program. shortly thereafter by the Oversight and ‘‘(1) the Committee on Oversight and Govern- ‘‘(2) The results in a report described under Government Reform Committee on ment Reform of the House of Representatives; paragraph (1) may include— April 14, 2010. and ‘‘(A) the number of visits an employee makes ‘‘(2) the Committee on Homeland Security and to the pre-existing duty station of that em- b 1350 Governmental Affairs of the Senate.’’. ployee; Madam Speaker, despite the evolving (b) TECHNICAL AND CONFORMING AMEND- ‘‘(B) the travel expenses paid by the agency; MENTS.—(1) The analysis for part III of title 5, ‘‘(C) the travel expenses paid by the employee; nature of the way the Federal Govern- United States Code, is amended by inserting or ment conducts its affairs, telework, after the item relating to chapter 63 the fol- ‘‘(D) any other information the agency deter- which allows an employee to regularly lowing: mines useful to aid the Administrator, Telework perform work from a remote location ‘‘65. Telework ...... 6501’’. Managing Officer, and Congress in under- other than their usual workplace, con- (2) Section 622 of the Departments of Com- standing the test program and the impact of the tinues to be underutilized by Federal merce, Justice, and State, the Judiciary, and Re- program. agencies. Experience has consistently lated Agencies Appropriations Act, 2005, as con- ‘‘(d) No more than 10 test programs under this demonstrated that the private and pub- section may be conducted simultaneously. tained in the Consolidated Appropriations Act, lic sector employers who utilize 2005 (5 U.S.C. 6120 note) is amended by striking ‘‘(e) The authority to conduct test programs under this section shall expire 7 years after the telework experience increased produc- ‘‘designate a ‘Telework Coordinator’ to be’’ and tivity and retention rates. More spe- inserting ‘‘designate a Telework Managing Offi- date of the enactment of the Telework Improve- cer or designate the Chief Human Capital Offi- ments Act of 2010. cifically, the U.S. Patent and Trade- cer or other career employee to be’’. ‘‘(f) In this section, the term ‘appropriate com- mark Office and the Defense Informa- mittees of Congress’ means the Committee on tion Systems Agency have successfully SEC. 3. POLICY GUIDANCE. Oversight and Government Reform of the House Not later than the expiration of the 120-day used telework programs, which shows of Representatives and the Committee on Home- potentially how telework can trans- period which begins on the date of the enact- land Security and Governmental Affairs of the ment of this Act, the Director of the Office of Senate.’’. form and enhance agencies’ customer Management and Budget shall issue policy (b) CLERICAL AMENDMENT.—The table of sec- service offerings for our citizens and do guidance requiring each Executive agency (as tions for subchapter I of chapter 57 of title 5, so with greater efficiency and lower such term is defined in section 105 of title 5, United States Code, is amended by adding at the costs. United States Code), when purchasing computer end the following: H.R. 1722 provides for improvements systems, to purchase computer systems that enable and support telework, unless the head of ‘‘Sec. 5711 Authority for telework travel expense to increase the number of Federal em- the agency determines that there is a mission- test programs.’’. ployees that participate in telework specific reason not to do so. SEC. 5. TELEWORK RESEARCH. programs by requiring agencies to de- SEC. 4. AUTHORITY FOR TELEWORK TRAVEL EX- (a) RESEARCH BY OPM ON TELEWORK.—The velop comprehensive telework policies PENSE TEST PROGRAMS. Director of the Office of Personnel Management within 1 year that allow authorized (a) IN GENERAL.—Subchapter I of chapter 57 shall— employees to telework and by directing of title 5, United States Code, is amended by (1) conduct studies on the utilization of the Office of Personnel Management to adding at the end the following: telework by public and private sector entities that identify best practices and recommenda- develop regulations on overall ‘‘§ 5711. Authority for telework travel expense tions for the Federal government; telework policies and to annually test programs (2) review the outcomes associated with an in- evaluate agency telework programs. ‘‘(a)(1) Notwithstanding any other provision crease in telework, including the effects of H.R. 1722 also seeks to elevate the of this subchapter, under a test program which telework on energy consumption, the environ- importance of incorporating telework the Administrator of General Services deter- ment, job creation and availability, urban trans- into the continuity of operations plan- mines to be in the interest of the Government portation patterns, and the ability to anticipate and approves, an employing agency may pay ning for our Federal agencies. For ex- the dispersal of work during periods of emer- ample, Office of Personnel Manage- through the proper disbursing official any nec- gency; and essary travel expenses in lieu of any payment (3) make any studies or reviews performed ment Director John Berry estimated otherwise authorized or required under this sub- under this subsection available to the public. that the use of telework reduced the chapter for employees participating in a (b) USE OF CONTRACT TO CARRY OUT RE- estimated cost of lost productivity dur- telework program. Under an approved test pro- SEARCH.—The Director of the Office of Per- ing the recent snowstorms this past gram, an agency may provide an employee with sonnel Management may carry out subsection winter in the District of Columbia by the option to waive any payment authorized or (a) pursuant to a contract entered into by the approximately $30 million per day. required under this subchapter. An agency shall Director using competitive procedures. include in any request to the Administrator for I urge my colleagues on both sides of approval of such a test program an analysis of The SPEAKER pro tempore. The gen- the aisle to vote in favor of moving the expected costs and benefits and a set of cri- tleman from Massachusetts (Mr. telework forward by passing H.R. 1722, teria for evaluating the effectiveness of the pro- LYNCH) and the gentleman from Cali- the Telework Improvement Act. This gram. fornia (Mr. ISSA) each will control 30 legislation has long enjoyed bipartisan ‘‘(2) Any test program operated under this sec- minutes. support in the Oversight Committee tion shall be designed to enhance cost savings or The Chair recognizes the gentleman and in the House over several Con- other efficiencies that accrue to the Govern- from Massachusetts. gresses and will help ensure the gov- ment. Mr. LYNCH. Madam Speaker, I yield ‘‘(3) Under any test program operated under ernment operates more efficiently and this section, if an agency employee voluntarily myself 3 minutes. effectively as a modern-day employer. relocates from the pre-existing duty station of Madam Speaker, as chairman of the With that, I reserve the balance of that employee, the Administrator may authorize House subcommittee with jurisdiction my time. the employing agency to establish a reasonable over the Federal workforce, postal Mr. ISSA. Madam Speaker, I yield maximum number of occasional visits to the pre- service, and the District of Columbia, myself such time as I may consume. existing duty station before that employee is eli- I’m pleased to offer H.R. 1722 for con- Madam Speaker, I rise with serious gible for payment of any accrued travel ex- sideration. This legislation seeks to concerns with H.R. 1722, the Telework penses by that agency. improve and expand access to telework Improvement Act. This began as a bi- ‘‘(4) Nothing in this section is intended to limit the authority of any agency to conduct for Federal employees in the executive partisan bill, and if our one oppor- test programs. branch. tunity, a motion to recommit, is ‘‘(b) The Administrator shall transmit a de- The bipartisan measure before us passed, it will have an opportunity to scription of any test program approved by the today was introduced by Congressman end as a bipartisan bill. There is no

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5580 CONGRESSIONAL RECORD — HOUSE July 14, 2010 question in my mind that telework is Mr. LYNCH. I would now like to did have bipartisan support at every the future. It, in fact, is the present. yield 5 minutes to the lead sponsor of step along the way. Virtually every Member of Congress this measure, Mr. SARBANES of Mary- Why is it important to do tele- has remote access. Virtually every land. working? I would say this is a win Member of Congress and many of their Mr. SARBANES. I thank the gen- times five when you look at. First of staff carry BlackBerrys and use other tleman for yielding, and I want to all, it’s going to help the Federal work- tools so that we can work here and thank him for his work in shepherding force recruit better out in the market. around the world. It would be just this through the process of bringing it The private sector is doing this, and about impossible for a Member of Con- to the House floor. they’re recruiting people, using this as gress and their key staff to bounce Madam Speaker, I am delighted that an opportunity for more flexible work back and forth between their far-away we are going to be voting today on the arrangements. The Federal workforce districts, here on the Hill, and various Telework Improvements Act of 2010, a should be doing the same thing. meetings if we didn’t have the ability bill that I introduced some time ago It will help to improve productivity to be portable in our information ac- with bipartisan cosponsorship. And I and morale among the workforce. cess. So we are not here to talk about want to acknowledge Congresswoman Those agencies that have taken full ad- telework as though it is a bad thing, NORTON, who is here, Congressman vantage of teleworking have shown because it can be an extremely effec- DAVIS, Congressman CONNOLLY, JIM that productivity has been enhanced tive tool. MORAN of Virginia, and other cospon- within their agency. sors. We do have concerns. One of our spe- b 1400 cific concerns in the underlying legis- I do also want to salute the fact that lation is, at a time in which we’re bor- we had bipartisan support for this from And, frankly, it leads to more of a rowing nearly 40 percent of the oper- the outset—Congressman WITTMAN, culture of looking at performance and ating cash of our government—put in SHELLEY MOORE CAPITO and, of course, delivery of important functions in the another way, once you get past entitle- FRANK WOLF, who has really been a workplace, so that you’re seeing that ments, everything we spend is bor- leader on this issue from the get-go. He productivity rise, not just among those rowed—it would seem ridiculous that was working on telework before I even who are teleworking, but across an en- something that can save money, that is came to Congress and understood what tire agency where teleworking is being argued to save money, in fact, is not a valuable contribution telework could implemented in a meaningful way. required to be at least neutral in its ex- make to our Federal workforce and its At one point in the evolution of this penditure. This bill is expected to cost productivity. legislation, we actually were going to millions of dollars per year and, like What this bill will do is expand the attach it to an energy bill because it most government estimates, is likely Federal telework policy, which was will have the effect of reducing the car- to cost far more than that if it’s ex- begun in a nascent way. There was just bon footprint of the Federal Govern- panded to its logical conclusion. a survey done that indicated about 10 ment. People won’t need to be in their So, Madam Speaker, it is my hope percent of the Federal workforce is cars as much going back and forth to that as we begin offering what we were now teleworking at least 1 day a week, work if they can take advantage of not allowed to offer under the rule, but it can take that up to the next teleworking opportunities to some ex- which would be any amendments that level by establishing a policy across tent. So that’s a third win here. would curtail the millions of dollars in our Federal agencies that promote A fourth win, very important, is the costs over 5 years or to deal with the telework and make it clear to employ- continuity of operations. We’ve seen reality that if you’re going to claim ees how they can go about taking ad- situations where the Federal Govern- that you can save the construction of vantage of that opportunity. It would ment may be forced to shut down. If office buildings, you should be required instruct the Office of Personnel Man- you’ve got telework in place, you can to show that you are saving it. If you agement to develop telework regula- continue to run the operations of these claim that you are going to be more ef- tions, a uniform governmentwide agencies, even in that situation. And ficient by not having a commute time, telework policy for Federal employees. the best example of this we had this you should at least be required to show And that’s important because, if you past winter was when we had a snow- it. Additionally, we are very concerned look at the different agencies, some of storm that shut down the Federal Gov- that recent discoveries have shown them have been very successful in ernment, except 30 percent of the work that there are vulnerabilities which pushing telework forward. Others have force was able to engage in their oper- have not been properly cared for in this not been as attentive to it. ations. bill. The bill authorizes it but does not What this is going to do is it’s going Mr. ISSA. Madam Speaker, I yield 5 require it. to establish an expectation to cut minutes to the gentleman from Vir- I am, however, pleased that in a num- across our Federal workforce and en- ginia (Mr. WOLF), one of the cosponsors ber of areas, the majority has made im- courage this opportunity. Critical to of the bill. provements and has taken many sug- that is to designate a telework man- (Mr. WOLF asked and was given per- gestions. The committee did work, as aging officer within each agency who mission to revise and extend his re- you would expect us to, in favor of the takes responsibility, who has account- marks.) efficiency and effectiveness of the Fed- ability for making sure that the Mr. WOLF. Madam Speaker, I rise in eral workforce in getting this bill as telework policy is being distributed strong support of the bill. But let me far as we could go. It is my sincere broadly within that agency, is helping just say, Mr. ISSA said that the Repub- hope that one and only one oppor- to evaluate it, make sure that it’s licans wanted to be part of this. And I tunity to further amend would be ac- working properly. think we’ve got to start doing things in cepted and that this will be a broadly There will be greater access provided, this institution in a bipartisan way. bipartisan bill at the end. as a result of this bill, to telework Quite frankly, I skimmed the motion I reserve the balance of my time. training and education to more em- to recommit, and it looks like it’s pret- Mr. LYNCH. I thank the gentleman ployees and supervisors. And the Office ty good. So the more we can kind of for his remarks. of Personnel Management is also going work together, the better, the better it GENERAL LEAVE to make sure, in cooperation with the will be for all of us. And so I appreciate Mr. LYNCH. For the record, Madam Government Accountability Office, the gentleman giving me this time. Speaker, I ask unanimous consent that that there’s a periodic evaluation con- I’ve been involved in this issue for a all Members may have 5 legislative ducted so that we can see how this number of years. IBM—in fact, many days within which to revise and extend telework policy is advancing forward. times I hear Members on both sides say their remarks with respect to H.R. 1722. So these are some of the key ele- we should be more like the private sec- The SPEAKER pro tempore. Is there ments of the bill that is on the floor tor. IBM has 115,000 employees every objection to the request of the gen- today. I’m appreciative that Congress- day teleworking. And if you want the tleman from Massachusetts? man ISSA recognizes the inherent value government to be like the private sec- There was no objection. of pursuing telework. And as I said, we tor, allow the Federal employees to do

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5581 the same. And it saves them roughly And let me begin by saying to the back. Let’s move forward. We know $450 million a year. other side, I hope we’re talking about what we need to do. There’s nothing magic about strap- the same legislation here, because in And of course, again, let me say that ping yourselves into a metal box and the committee, the only—as I remem- any amendment that was offered was driving 25 and 35 miles a day to a place ber very vividly—the only amendment accepted. and sitting before a laptop when you that was offered was accepted. We ac- b 1410 can do it at home. cepted the amendment. And of course, Simon and Garfunkel, in the song the committee voice voted the legisla- Mr. ISSA. Mr. Speaker, I yield 4 min- called ‘‘The Boxer,’’ says: ‘‘Man hears tion out. utes to the gentleman from Virginia what he wants to hear and disregards Now I hear about this motion to re- (Mr. WITTMAN). the rest.’’ This Congress on both sides commit. And I understand working to- Mr. WITTMAN. Mr. Speaker, I would many times only hears what it wants gether. I do believe in that, and I think like to thank Ranking Member ISSA for to hear and more often than not dis- you accomplish a whole lot more when his great work on this bill. I appreciate regards the rest. you do that. your words and Congressman WOLF’s Let me tell you, 9/11, if you were here But the point is, we have not even words concerning the things that we on 9/11, nothing worked. If you couldn’t seen the motion to recommit. So, need to do. Telework is a nonpartisan have teleworked, or if we had more therefore, you’re talking about work- issue. It just make sense. It’s how do telework, we could have had a con- ing together and sharing information we create efficiencies? And these days tinuity of government. The govern- but, at the same time, you’re with- we want to be able to do more with less ment shut down. It shut down. Would holding information. That, to me, I in what is definitely a resource-chal- you rather have somebody not working find very, very strange. lenged environment. at home and getting paid or working? This is a committee that would wel- Despite the fact there are numerous Secondly, the earthquake in Cali- come ideas and suggestions. But the benefits of teleworking, such as re- fornia, the so-called World Series point is that we can’t go through a duced traffic congestion and reduced earthquake. Do you remember that? whole process and then, at the end of energy consumption, cost savings, Norm Mineta was Secretary of Trans- the process, you complain about the competitive hiring and retention, and portation. That’s when telework really fact that I did not have an opportunity. emergency preparedness, as we saw took off, because had they had to go I want you to know that we recognize during the snowstorm, many Federal into work, the people of California the importance of amendments, and if agencies continue to underutilize wouldn’t have had highways. They they strengthened the legislation we telework. And this bill is going to help wouldn’t have been able to get search would have accepted it. ensure that Federal employees who are and rescue people there. So I want to thank all the folks that eligible to telework are able to do so Continuity of government. Hurri- worked on this. And it seems hard, I without diminishing agency operations canes. Has anyone ever heard of understand now, to imagine with the and performance. Katrina? Under this legislation, Federal em- You want to shut down the govern- sweltering summer heat that has ar- ployees handling classified informa- ment in the South, Louisiana and rived, but during February’s record- tion, though, would not be eligible to Texas, and say go home and we’ll pay breaking snowstorm, the Federal Gov- telework. And folks, that’s a group of you? Or do you want them to telework ernment in the D.C. area shut down for people that we are missing out on. at home, where they can do, where nearly an entire work week. We now There’s a great opportunity there to they can get and connect to a Veterans have almost forgotten that. The gov- bring those folks that work in secure Administration, someone’s who’s hav- ernment’s lost productivity was signifi- networks to the table to participate in ing a difficult problem, maybe some cantly reduced because so many em- telework. And I offered an amendment who has prostate cancer: How can I ployees were not able to get to work. that was rejected by the Rules Com- connect? How can I get my treatment? After the storm, OPM Director John Telework. Telework makes all the Berry reported that the government mittee that would have required the difference in a tornado. As tornadoes saved approximately $30 million—and I Office of Personnel Management to re- hit and destroy, telework gives you repeat that—saved almost $30 million a port on the status of any programs for that ability to do it. day in the productivity costs because teleworking by Federal employees Continuity of government, saving of the growing number of teleworking whose primary duties require access to money. So man hears what he wants to employees. H.R. 1722 will help the gov- secure networks, and to identify at hear. But what you’re disregarding, ernment do even better. And I think least two sites for a possible tele- this is important. This is a good ‘‘yes’’ that we should not lose sight of that. working pilot program. And I look for- vote for continuity of government. The legislation builds on the govern- ward in the future to working with my This a good ‘‘yes’’ vote so you can ment’s current telework capability and colleagues to further explore the poten- serve your constituents. This is a good will strengthen it by requiring the tial for secure teleworking. ‘‘yes’’ vote if you really want to save head of each agency to establish a We all know in this region there are money. The vote to save money today, telework policy. The legislation also a number of agencies that have their the vote that will save money will be holds agencies accountable for success- employees working on secure net- the vote for this bill. ful implementation of their telework works. We ought to make sure we are I want to thank, again, Mr. ISSA. And policy. looking at bringing those folks in. We I would urge you, Mr. Chairman, if you I should note that similar bipartisan saw during the snowstorm $30 million can take—I think the motion to recom- legislation sponsored by Senator DAN- of efficiency we picked up during that mit has a lot of good things. But I IEL AKAKA and, of course, GEORGE period of time. So this truly is a non- think it’s more important that we VOINOVICH, passed the United States partisan issue of looking at increased come together and find some things Senate by unanimous consent as well. efficiencies. We ought to be looking that we can come together and work in I am pleased to offer my support for across the board at all the ways that a bipartisan way. this bipartisan, good-government bill we can lift telework up, make it avail- But for continuity of government and that will save the taxpayers money able for every different aspect of Fed- to save money, I ask for a ‘‘yea’’ vote while reducing energy consumption, air eral work operations to make sure we on this bill. pollution, and traffic congestion. It are doing all we can to increase effi- Mr. LYNCH. Mr. Speaker, I yield 3 will promote more flexibility for Fed- ciencies, folks. And this is entirely pos- minutes to the gentleman from New eral employees and allow the govern- sible. York (Mr. TOWNS), the full committee ment to attract top talent from every We have had conversations with folks chairman, energetic and wise chairman State and every district in the country. within the agencies. They are ready, of the Oversight Committee. This is win-win-win legislation. I willing, and able to pursue this. We Mr. TOWNS. Let me thank you, Mr. urge all Members to support the bill. need to give them the mechanism to LYNCH, for the hard work that you And of course I say to my colleagues, get this done. The desire is there. The have done on this bill. let’s move forward. Let’s not look need is there. Whenever we match

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As a matter of fact, including the entire Federal workforce. for a group of employees who need such the Delegates, it works out just ex- Mr. LYNCH. Mr. Speaker, I want to a secure site closer to their home ef- actly as 10 percent. So 400 people didn’t thank the gentleman from Virginia for fects all of the same kinds of effi- have input when we were working this his thoughtful comments. ciencies that I have talked about. through committee. At this time I yield 1 minute to our That’s why this bill is such an impor- Some may have noticed the bill, but distinguished majority leader, Mr. tant encouragement to the Federal as the majority leader said, he has been HOYER. Government, one of the world’s largest working on this for 20 years. Who Mr. HOYER. I thank the gentleman employers, to effect this efficiency. It would have thought it would come to for yielding. is also I think a lesson that we have the floor now? So can we as a body I want to thank Mr. LYNCH and cer- learned from the private sector, many deny the process of 400 people, 400 vot- tainly my colleague from Maryland, of whom telecommute or telework. ers, if you will, or representatives of Congressman SARBANES, for his leader- Many insurance agencies, when you voters, including yourself, Mr. Speak- ship and for his efforts on this bill. I call your insurance agent for informa- er? How can we deny you the ability to also want to thank those members of tion, you have no idea where they are look at something when it’s going to the subcommittee and Mr. ISSA for fa- sitting, and don’t care. All you want to become a bill on the floor and offer cilitating this bill coming to the floor. know is that they respond to the ques- constructive amendments? I have been working on this issue tion you have and can access the infor- The process of the Rules Committee along with FRANK WOLF for a very long mation you need, which of course they is supposed to deal with germaneness. time, indeed over two decades. Con- can do on their computer. So this is a It’s supposed to deal with whether or gressman WOLF and I, Congressman very effective, efficient, family friend- not your amendment is properly writ- WOLF from Virginia, a Republican, and ly, environmentally friendly action for ten, whether it seeks to amend a por- myself served on the Treasury and us to take. tion of the bill allowed to be amended. Postal Committee, which is now called I commend Mr. SARBANES, Mr. LYNCH That’s not the way it is here in the the Financial Services Subcommittee and the committee for their leadership House right now. We had amendments of the Appropriations Committee. That on this, and I commend Mr. ISSA as perfectly allowable, and they simply committee many, many years ago, and well for his leadership. were ruled out because you could. So interesting enough John Berry, who is Mr. ISSA. Mr. Speaker, I yield myself we will use our one opportunity, our now the director of the Office of Per- such time as I may consume. motion to recommit. We trust that we sonnel Management, was on my staff at The chairman and the majority lead- have written it properly, and that it that point in time. And we worked on er both make good points, and I would will be found to be in order. And we this issue of telework, which makes so like to address them for just a mo- trust that both sides will see that it is much sense for so many reasons. It ment. The chairman, who I have had a modest, it’s moderate, it’s intended saves gas. That’s an important issue. It good working relationship with, made simply to deal with cost and other con- helps the environment in doing so. Re- the point that this passed out of com- cerns in the bill. duces road congestion, lowers committee without anything left unre- There is no killer in this bill. There’s muting costs for all drivers, helps em- solved. And to a certain extent I would nothing the American people would not ployees balance work and family, and agree with him. Except of course we be happy with in this bill the way it is. saves employers money. didn’t have a score on this. We never And there is nothing they will be un- Now, let me speak about the family do. We didn’t know what this bill was happy with if the motion to recommit aspect of this. Think to yourself the going to cost. And when we discovered passes. We structured it that way. We average commuter certainly in the that this was going to cost millions of would like to have something that Washington metropolitan area spends dollars every year, we made it clear be- started off as bipartisan end as bipar- some 35 minutes on the road. If you are fore the last round of a request for a tisan. in my district, you spend 45 minutes to vote that we would have to find an off- Mr. Speaker, I truly believe we are an hour on the road. Mr. CONNOLLY is set or we would have to modify the bill going to have that opportunity. I shaking his head. Many of his constitu- to ensure that it would not cause the would hope that everyone in this body ents do the same. The gentleman from taxpayers to look at this as simply a will view it that way, look at it care- Virginia is in the same aspect. Think perk for government. fully, come to the same conclusion, and of that time that is not necessarily Because ultimately we can talk we will leave here today on a bipar- very productive, but could be family about morale, but the Federal work- tisan basis. time. And a less stressed-out worker force makes on the average $60,000 I reserve the balance of my time. could be performing their services, more than their private-sector counter- Mr. LYNCH. Mr. Speaker, I just want when now we deal with so much work parts. So morale should already be to ask for a clarification, did the gen- being done from a technology aspect good in an organization the size of the tleman say that the Federal employees where you don’t need to be at a given government that has added a quarter of make an average of $60,000 more than site. That is what this legislation seeks a million new workers since we went their counterparts? to enhance. into a recession. Mr. ISSA. If the gentleman would And again, I congratulate Mr. SAR- There is no question that telework yield, that’s correct. BANES from my State for his leadership can justify this if it’s done properly. I’m sorry, Mr. Chairman. It’s pay and and for the bipartisan leadership. It Our amendment is going to seek, our benefits. would bring flexibility to 21st-century one motion to recommit—we weren’t b 1420 Federal workers by creating guidelines allowed any amendments—to try to at Mr. LYNCH. Sixty thousand dollars for increased teleworking, or telecom- least trim around the edges to have our more. muting as some call it. Members be able to go home and say of Mr. ISSA. At $175,000, one Congress- With today’s technology, many em- course we supported telework, but we man to another, yes. The typical Amer- ployees perform at least some of their made sure there were some safeguards ican making $35,000 or $40,000 under- work, and indeed some all of their of the American people’s money. stands we make a lot more. work, functions at their homes or at an The amendments that we tried to Mr. LYNCH. The typical Federal em- alternate worksite closer to their offer to what was known in advance to ployee makes $60,000 more? homes, eliminating or reducing the be a closed rule, a please do not sug- Mr. ISSA. In pay and benefits. need to commute. That’s what the gen- gest, create a process problem that I Mr. LYNCH. If the gentleman would tleman from Virginia was talking hope, Mr. Speaker, that you will be produce some type of—that fact’s not

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They do not or revenues or profits are relative to Mr. LYNCH. Mr. Speaker, at this know perhaps as well do I feel instinc- that cost. In the public sector, we time I yield 5 minutes to the gentle- tively as at home with employees don’t. lady, Congresswoman ELEANOR HOLMES under their supervision who telework. All we’re seeking to do, all we’re NORTON, from the District of Columbia. They’re going to have to learn how it’s talking about here today is we want Ms. NORTON. I thank the gentleman done. And importantly, teleworking, as telework to be used and rolled out ex- from Massachusetts for yielding, but I opposed to coming in, does not affect tensively where it can be at least rev- particularly thank him for his leader- your job performance evaluation. So enue or cost-neutral relative to alter- ship on many issues in our sub- people are not going to have to think, natives of bringing people in. That’s all committee, not the least of which is if I’m in the boss’s face for 8 or 9 hours we’re asking for. We believe it’s reason- this issue which he has shepherded to a day, I’ve got to do better than this able. the floor so rapidly. And I certainly mother who is at home and producing I reserve the balance of my time. want to thank Mr. SARBANES, add my as much work as I do. Mr. LYNCH. Mr. Speaker, I do want kudos to those he’s already heard from Continuitive operations has been to note that we do have one study here the leadership, what he has shown talked about here. that I think is probably the most ex- when he was a member of our sub- Post 9/11, the closest thing we have tensive one done on comparing private committee. even had to continuity of operations is sector jobs to Federal jobs, and that is Mr. Speaker, this bill does nothing the kind of teleworking that goes on by the Bureau of Labor Statistics, and more than give us a presumption in anyway in the Federal Government. they compared occupation to occupa- favor of teleworking, and I believe Everybody in the Federal Government tion. They took an engineer in private that’s the most important thing the at certain levels does teleworking. sector versus an engineer working for bill does. You have heard we have been They take their work home. Employees the Federal Government, and they doing something called teleworking for have been voting with their feet. Man- have reported that Federal employees decades, but that was whatever agency agers have been allowing them to vote are paid 22 percent less than their pri- chose to move forward, whatever em- with their feet and take the work vate sector counterparts. ployees chose to participate. home. At this point, I yield 5 minutes to an I can’t imagine what the ranking The flexibility, we cannot say enough energetic and diligent member of our member is talking about when he says about the flexibility. We’re in an era subcommittee, the gentleman from millions of dollars this is going to cost where fathers and mothers feel respon- Virginia (Mr. CONNOLLY). the Federal Government. Mr. WOLF, sibility for their children and where, Mr. CONNOLLY of Virginia. Mr. from his side, essentially rebutted that because they are adept at technology, Speaker, I thank my good friend and by getting up and talking about how they are able to get as much done and colleague from Massachusetts (Mr. much money it saved and citing exam- more done. They’re doing it at home LYNCH) for his outstanding leadership ples. rather than spending what in this re- on this and so many other issues on the Let me cite an example of something gion could easily be an hour or so back Oversight and Government Reform that is almost intuitive. I had occasion and forth each way. Committee. I also thank the ranking to speak to a practitioner, small prac- Everybody teleworked in the snow- member, Mr. ISSA, for his friendship titioner, and he was glowing about how storm. There weren’t a lot of people and his leadership on our committee as his practice has, in fact, developed and just sitting at home. We are doing it well. expanded. He didn’t have to have an of- anyway. We are just not doing it sys- 1430 fice anymore. He has a tiny hole on tematically. We are doing it epi- b Tenth Street, and he’s got about 15 sodically. Doing it that way, we are, in I particularly want to thank my col- lawyers working out of their homes. fact, wasting money. Let’s, in fact, league from Virginia (Mr. WOLF) who’s In a real sense, the Federal Govern- save money by making sure that as been a long-time leader in telework, ment is behind. There is no case to be many as are capable are doing what and my colleague and friend from made that when you allow people to they can given the new technology. Maryland (Mr. SARBANES) for his lead- work at home, you somehow are cost- Mr. ISSA. Mr. Speaker, I note the ership on this legislation. Without that ing the government more money. Per- gentlelady acts as though already ev- leadership, we wouldn’t be here today haps it costs a few dollars in adminis- erybody teleworks. It’s very clear that and relief wouldn’t be on the way to trative costs, transaction costs to set the people who were able to telework, our Federal workforce and hard-pressed up the system, but anybody from the that, quote, saved us $30 million during commuters in the national capital re- private sector hearing a Federal offi- that snowstorm, were the people who gion. cial get up and say, ‘‘Oh, we’re going to have redundant activities, for the most Mr. Speaker, before I came to Con- teleworking and boy is that going to part, people who had a duplicate com- gress, I represented a major jurisdic- cost us an arm and a leg’’ will scratch puter, duplicate capacity. That costs tion in the national capital region, his head and say, ‘‘What is he talking money. That is an item that we simply Fairfax County, for 14 years, the last about? Don’t they know this is one of want to make sure is cost justified. five being its chairman; and I, like Mr. the first and most important things You know, many people on the other ISSA, came from the private sector. I the private sector has done, invested side of the aisle, including the next spent the last 20 years of my career be- money in doing, precisely to save speaker, have talked about the private fore coming here working for a number money?’’ They look at the bottom line. sector. Well, I, for one, came from the of information technology companies, That’s the conclusion they reached private sector, and I very much under- and I saw firsthand the value of long before today. stand that we do a cost benefit. telework in the private sector. When I speak of the presumption in The previous speaker talked about One of the major employers in my favor of telework, notice that an agen- insurance salesmen. You don’t care district, for example, is AT&T. I went cy has a 20 percent goal every 2 weeks where they are. That’s right. An insur- and visited a major facility they have of doing telework. We wouldn’t have ance salesman is usually a commission in my district. Thirty-three percent of set that goal if they were already doing person. It’s somebody who’s very ac- their workforce teleworks regularly, 33 it. And the fact that you have to do it countable for their pay because it’s percent; and their estimated cost sav- gives us a some uniformity across the earned and justified against revenue. ings in terms of reduced absenteeism is government, and with the appropriate More importantly, even their package $2,000 per employee. So, if we took that exceptions allows many, many work- of perks is figured into that. kind of statistic and superimposed it

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I do find ‘‘the real national security issue is if we had This is critical for Federal operations. it a little ironic, however, to hear something that disrupted the ability of the Fed- Every Federal agency now needs to about the need to come together and eral workforce to get to the office, could we have a continuity of operations plan in maybe we can use the motion to re- continue to provide the services of govern- place; and in the national capital recommit to do that when our side of the ment? I think you’d find that many depart- gion, tragically, that is underscored. aisle has not seen the motion to recom- ments and agencies would have problems.’’ FRANK WOLF, my colleague from Vir- mit, and obviously we can’t buy some- This speaks to the need and importance of the ginia, talked about 9/11. He was here in thing in the hopes that it’s going to do passage of this bill. Congress while I was a supervisor in something positive, and I would urge In addition, according to a survey of Patent Fairfax County. My office was in the my colleagues to share the motion to and Trademark Office employees, 80 percent fire station, Fire Station 30 in recommit so that perhaps we can come of employees who telework report that the Merrifield, and my men and women in to common ground on that. flexibility of working at home has allowed them that fire station were backup to the But at the end of the day, this legis- to decrease the amount of sick leave used by Arlington Fire Department at the Pen- lation is critical to the future work- at least 8 hours per year. tagon the day it was attacked, the sec- force of the Federal Government and, Since the 109th Congress, my office has ond worst terrorist attack in American frankly, for the national security of aggressively participated in the Telework pro- history. And I saw what they went the national capital region. gram and created a more worker friendly envi- through, and I know what happened to Mr. ISSA. Mr. Speaker, I yield myself ronment for our working families. this region that day. A continuity of just 1 minute. The attributes of teleworking alone allows Mr. Speaker, my good friend from operations plan, if we needed a re- greater flexibility for these parents while in- Virginia was accurate in almost every- minder, a tragic reminder, of how crit- creasing a better work attitude and work prod- thing he said, but the one part that I’d ical that is to our national security, 9/ uct. I encourage all Members of Congress to like to correct is we don’t need more 11 was it. get more involved in the Telework program in time. We had sufficient time, once the Subsequently, we’ve had lots of nat- the future as we move to make a more effi- scoring was in, to figure out what need- ural events here in the national capital cient and productive government. ed to be changed among the various region that have further reminded us of I am pleased to join Representative SAR- hundred or so Republicans who were how important it is that the largest BANES in supporting H.R. 1722. single employer in our region, the Fed- not on the committee, and we offered Plus, we’ve heard the tremendous them. And the gentleman from Vir- eral Government, have a vigorous cost savings that exist, as well as the ginia is not on the Rules Committee so telework program in place because, anti-pollution measures that take he’s not part of that hidden hand that without that, there is no continuity of place, but I feel very fortunate in my simply doesn’t allow any dissent or any operations plan of any meaning. office to have had individuals who have amendments or any corrections once a So for national security reasons and effectively used telework, I guess to decision has been made by the major- in service to the taxpayers we serve the nth degree; and it has proven to be ity. So, you know, I appreciate the fact through the Federal agencies, we must not only cost savings, but it also has he has been good to work with and that have a vigorous telework program in provided them the opportunity to he is not somebody who would have place. spend time with young children, with limited that, and we would be happy to In the national capital region, if we their families to the extent they need- share all of our amendments if we had could reach 20 percent of our daily ed to do. This gives us an opportunity commuters of 2.5 million people tele- a chance of having them ruled in. I reserve the balance of my time. to recruit the best and the brightest working at least 1 day a week, we could Mr. LYNCH. Mr. Speaker, I yield 2 and have them be productive. It is a take 4 to 6 percent of the cars off the minutes to the distinguished gen- great measure. I am pleased to support road every day, improving air quality, tleman from Illinois (Mr. DAVIS), who it. improving congestion, and improving has been a long-time advocate on this Mr. ISSA. Mr. Speaker, I yield myself productivity. The Federal Government issue. such time as I may consume. being the largest employer has a spe- Mr. DAVIS of Illinois. Mr. Speaker, I As I begin, my staff is bringing over cial responsibility. I mentioned AT&T rise in support of H.R. 1722, the to the chairman a copy of something I has 33 percent teleworking in its work- Telework Improvements Act. This leg- am going to include in the RECORD force. The average in the Federal Gov- islation is similar to a bill I introduced from the Bureau of Economic Analysis, ernment ranges from 6 to 10 percent, last Congress that passed the House Department of Commerce. The chair- far below what the private sector is, in with bipartisan support by voice vote. man may recognize the Department of fact, doing. We can and must do better. Unfortunately, the Senate never acted Commerce is part of the administra- The Federal workforce lends itself to on that bill so I am pleased that we tion and part of government. telework in some ways that are unique once again have the opportunity to Their assessment in 2008—and it has to the Federal workforce, and we know move telework legislation forward with only become greater—is that we have the benefits. the leadership of Representative SAR- as Federal workers against average— We’ve heard some arguments here BANES. this is not against average of job per that only 10 percent of the Congress We currently know that telework job but just against the working stiff, sits in the Oversight and Government continues to be underutilized by Fed- whatever they do in the outside world Reform Committee, and, therefore, we eral agencies and improvements are versus the working stiff in government, need more time to make sure that we needed to allow more Federal employ- $29,169.63 of additional wages. What can examine this legislation and its ees to participate in telework pro- makes the huge difference the Amer- costs. I will argue there are no net grams. ican people don’t always see is that in costs to this bill. I would argue that Telework provides numerous benefits in- the private sector, a typical benefit this bill has been scored before in many cluding increased flexibilities for both employ- package is about $9,881. Well, a civilian incarnations, in legislation that was ers and employees, continuity of operations Federal Government employee has a before the previous Congress and voted during emergency events—as noted by the benefit package on the average worth on, in legislation in the other body. So massive snow storms that shut down the gov- about $40,784 or $30,900 more. it’s not like we didn’t know, and we ernment during February, yet saved the gov- So, Mr. Speaker, we do have the De- know that the productivity gains and ernment an estimated $30 million each day partment of Commerce currently, dur- savings are considerable but more than and decreased energy use and air pollution by ing the Obama administration, telling wipe out any potential implementation minimizing the amount of congestion on the us very clearly—not that engineer costs. Whatever costs there are can and roads. versus engineer. I appreciate the way

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Mr. Speaker, I yield 1 that, or remote access, if you will, or it One is continuity of government, and minute to the gentleman from Con- saves the taxpayers dollars. sometimes continuity of government necticut (Mr. HIMES). If someone doesn’t drive for an hour can cost more. It can be for redundant Mr. HIMES. A sincere thank you to and they work an hour more remotely, computers, redundant centers and so the gentleman from Massachusetts for that is a good thing. But if we are simon, no question at all. But often it is, his leadership on this issue. ply improving quality of life, having and as it is justified in this bill by Mr. Speaker, I too rise in strong sup- redundant computers at a cost of sev- many of the people speaking on it on port of H.R. 1722, the Telework Im- eral thousand dollars plus several more both sides of the aisle, it is also about provements Act. We have heard articu- thousand dollars in maintenance and avoiding traffic, avoiding building new lated today a set of very powerful argu- overhead and renewal and software buildings, avoiding heating and air ments around security, around produc- support, Mr. Speaker, we are not doing conditioning, avoiding costs. All the tivity and around cost savings for the what the American people expect us to minority would like to make sure is passage of this measure. do. that this expansion meets one of those I would like to note that I represent, The American people expect us to requirements or the other. If it is ne- like my friend from New Jersey, a dis- start being safeguarders of their pre- cessity and it costs more, fine. Of trict whose economic vitality is com- cious money, which isn’t even current course you can have redundant facili- promised by the commuting situation. but the money we are going to have to ties; but if it is intended to be cost sav- Many of my constituents spend other- take from them in the future to pay ings, let’s make sure it’s cost savings. wise what could be productive hours back what we are borrowing today. I reserve the balance of my time. looking at the taillights of other cars If we don’t start counting the pen- on 95 and on the Merritt Parkway as it nies, the nickles and the dollars and b 1440 runs through Connecticut. make sure they are well spent, then it Mr. LYNCH. Mr. Speaker, I thank One additional reason why the Fed- is very clear we will never get to any the gentleman for the sheet, but I do eral Government should lead and why kind of an affordable government, a want to note this does not compare we should pass this act today is that balanced budget, and there will be an job-to-job, nor does it indicate that the Federal Government should lead on inevitably that the United States will there is anything close to a $60,000 telecommuting, on increasing not just look too much like Greece and not delta between the private and the pub- its productivity, but increasing the enough like the country that we were lic employee. productivity of the private sector in so proud of this past Fourth of July. I yield 1 minute to the gentleman places like Connecticut, which I rep- We have a great tradition, a tradition from New Jersey (Mr. SIRES), who also resent. of small government and large private has been an energetic worker on this I am a strong backer of the Telecom- sector. Mr. Speaker, I want to make issue. muter Tax Fairness Act, H.R. 2600, and sure that our government works more Mr. SIRES. Mr. Speaker, I rise today a variety of other measures that will efficiently so we can have a smaller in strong support of H.R. 1722, the help with telecommuting. I appreciate government that meets the basic re- Telework Improvements Act of 2010. the leadership, and I urge my col- quirements, not that we simply expand This bill will modernize the Federal leagues to support and pass this bill. government with one after another Government and establish our Federal Mr. ISSA. I yield myself such time as programs. agencies as a model for telework. I may consume. With that, I fully expect that we will During the month of February, when Mr. Speaker, although we have 12 make this bill better, that we will con- snowstorms shut down D.C. and other minutes left on our side in debate, I tinue to work on telework being to the parts of the east coast, telework was don’t intend to use it. I also don’t in- advantage of the American taxpayer used to keep our government operating tend to continue to have the American and not simply an additional item to at an optimum level. However, accord- people hear haggling on the House floor be spent. ing to the Office of Personnel Manage- about how much one side gets paid or Mr. Speaker, I have no further re- ment, only 56 percent of government another. For that reason, I will today quests for time, and I yield back the agencies have formally introduced post at republicans.oversight.house.gov balance of my time. telework in their continuity of oper- the Department of Commerce report in Mr. LYNCH. Mr. Speaker, in closing, ations plans. sufficient detail for people to realize I again would like to express my strong Teleworking benefits are economic, that $60,072.97 is roughly the additional support for the passage of H.R. 1722, the social, and environmental. The Con- amount in pay and benefits that Fed- Telework Improvements Act of 2010. I gressional Budget Office scored this eral employees receive than the aver- would like to thank Mr. SARBANES, our legislation as deficit neutral, and age private sector. lead sponsor on this measure which is telework produces savings from re- But the interesting thing about the before us today, which promotes good duced office space as well as increased Federal workforce versus the gen- and common sense governance policy productivity during emergencies in in- tleman who was talking about com- which will ensure a more efficient, re- clement weather. muting from Bridgeport and other sponsive Federal government, espe- H.R. 1722 would allow employees parts in his State, is they are not laid cially in times of national security and more flexibility and create a higher off. They are not suffering. As a matter weather-related emergencies. quality of life. Also this legislation of fact, they have been net-hired. The Moreover, H.R. 1722 will allow execu- would reduce traffic congestion. Traffic growth that has occurred over the last tive branch agencies to act more like congestion costs our Nation billions of 2 years has been in government. The other 21st century employers, particu- dollars in wasted fuel, time, and pro- pay increases have been in government. larly private sector employers, which ductivity. The benefit increases have been in gov- for years have utilized and reaped the Congestion is very prevalent in my ernment. benefits of telework in terms of in- district in New Jersey, which is just Now, we are not talking about creased job productivity as well as em- across the river from New York. How- telework as a benefit, although some ployee moral. ever, it also is a problem that is grow- speakers have talked about family I want to paraphrase the words of my ing in rural areas throughout this time because you can telework and so Republican colleague, Mr. WOLF of Vir- country. Transportation contributes on. We are talking about telework for ginia, who said that the vote for saving nearly 28 percent of the greenhouse one of two reasons that are justified, money and the vote for cutting costs gasses emitted in the United States, and Republicans will today, I hope, here is a ‘‘yes’’ vote on this measure.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5586 CONGRESSIONAL RECORD — HOUSE July 14, 2010 With that, I urge my colleagues to sions and reducing time spent in traffic are im- This number might have been far larger had vote in favor of H.R. 1722. portant aspects of a livable community, and I some federal workers not had the opportunity Mr. BLUMENAUER. Mr. Speaker, I am am proud to support this legislation. to work from home. proud today to have the opportunity to support Ms. ESHOO. Mr. Speaker, I rise today in The Telework Improvements Act makes en- H.R. 1722, the Telework Improvements Act of support of H.R. 1722, the Telework Improve- vironmental, administrative and fiscal common 2009. I would like to thank Representative ments Act of 2009. I supported this legislation sense. Increasing telework opportunities for SARBANES, Representative LYNCH, Chairman when it came to the House floor earlier this employees of the country’s largest employer TOWNS and Representative WOLF for their year, and I intend to vote in favor of it again means fewer cars on the roads as workers leadership on this legislation and for working today. commute less; it means lower carbon emis- to improve the lives of government employees Technology plays an integral role in how our sions; it means better quality of life for workers across the country. Giving people the flexibility entire country works today. It has made work- and their families; and, it means reduced costs to work from home, when possible, makes the place communication more efficient. It has for taxpayers and higher government effi- federal government a more productive and en- eliminated borders across the globe to allow ciency because of lower absenteeism. vironmentally responsible employer by saving every aspect of the U.S. economy to flourish. I encourage my colleagues to join me in money, decreasing greenhouse gas emis- It permits our first responders to stay con- supporting the bill and I urge its immediate sions, decreasing congestion and improving nected during times of emergency and natural passage. productivity. disasters. So many in the workforce already Mr. LYNCH. I yield back the balance Currently only 10 percent of eligible federal take advantage of the benefits of technology of my time. employees telework on a regular basis, even and the federal government should be able to The SPEAKER pro tempore (Mr. though many federal jobs would be well suited as well. JACKSON of Illinois). Pursuant to House to teleworking. 95 percent of federal govern- The Telework Improvements Act will define Resolution 1509, the previous question ment employees expressed interest in tele- telework for all federal agencies and establish is ordered on the bill, as amended. working, but the majority of these workers said a policy that authorizes employees to The question is on the engrossment there was not adequate support from their telework. This legislation will reduce the num- and third reading of the bill. agency to do so. This bill will give federal bers of cars on the road, attract more talent to The bill was ordered to be engrossed workers the flexibility to telework when appro- the federal workforce, and save taxpayer dol- and read a third time, and was read the priate. There are many private companies, lars over the long-term. third time. such as Intel in my home state of Oregon, As a Member of the Intelligence Committee, MOTION TO RECOMMIT where up to one third of employees telework I’m also pleased this legislation places a pri- Mr. ISSA. Mr. Speaker, I offer a mo- regularly, and these companies have seen in- ority on ensuring the security of government tion to recommit. creased employee satisfaction, employee re- information. We know all too well the dangers The SPEAKER pro tempore. Is the tention, and an average savings of $4,500 a of data breaches, viruses, and cyberattacks to gentleman opposed to the bill? year per employee in transportation costs and sensitive government information. H.R. 1722 Mr. ISSA. I am, in its present form. time savings. requires the Office of Management and Budg- The SPEAKER pro tempore. The Unfortunately, teleworking is a case where et, in coordination with the National Institute Clerk will report the motion to recom- the federal government has missed the oppor- on Standards and Technology to issue guide- mit. tunity to lead by example, and now we need lines for information and security protections The Clerk read as follows: to catch up. Federal government employees for telework. Mr. Issa moves to recommit the bill H.R. should be able to take advantage of the same I applaud the work of Representative SAR- 1722 to the Committee on Oversight and Gov- ernment Reform with instructions to report technology for workplace flexibility, time sav- BANES on this legislation and I urge all my col- the same back to the House forthwith with ings, and environmental benefits that private leagues to support H.R. 1722, the Telework the following amendment: sector employees do. Improvements Act of 2009. Page 5, strike line 11 and all that follows This winter, the federal government was es- Mr. VAN HOLLEN. Mr. Speaker, as a rep- through page 6, line 9, and insert the fol- sentially shut down for a week because of resentative of a district with a large number of lowing: snowstorms. Even with the minimal support in federal employees, I rise in strong support of ‘‘(b) LIMITATIONS.— place for teleworking, estimates suggest that H.R. 1722, the Telework Improvements Act. I ‘‘(1) CERTAIN EMPLOYEES NOT AUTHORIZED the federal government saved $30 million a want to thank Chairmen TOWNS and LYNCH TO TELEWORK.—An employee may not telework under a policy established under day, because of teleworking. and Representative SARBANES for their leader- this chapter if any of the following apply to Finally, we cannot discuss the importance of ship in crafting this important bi-partisan bill. the employee: telework without looking at the environmental If passed, this measure will put the federal ‘‘(A) The employee has a seriously delin- impact. The Telework Exchange estimates government on equal footing with many pri- quent tax debt (as determined under para- that if 20 percent of Americans were to vate sector employers and state governments graph (2)). telework, we could eliminate 67 million tons of which allow their employees to perform many ‘‘(B) The employee has been officially dis- greenhouse gas emissions annually and re- of their duties and responsibilities from home ciplined for violations of subpart G of the duce Persian Gulf oil imports by 40 percent. or at another work site. Standards of Ethical Conduct for Employees More to the point for this legislation, if all eligi- The Telework Improvements Act requires of the Executive Branch for viewing, each executive agency to establish a policy downloading, or exchanging pornography, in- ble federal employees were to telework for two cluding child pornography, on a Federal Gov- days per week, it would save 2.7 metric tons that enables federal employees to telework in ernment computer or while performing offi- of pollution each year. a way that does not diminish employee per- cial Federal Government duties. This bill is an important first step, and I formance or agency operations, and that en- ‘‘(C) The employee received a payment would also like to encourage my colleagues to sures that no distinction is made between tele- under the Low-Income Home Energy Assist- look at the telework provisions in legislation I workers and non-teleworkers for performance ance Act of 1981 (42 U.S.C. 8621 et seq.) but have introduced. H.R. 3271, Green Routes to appraisal and training purposes. was ineligible to receive the payment under Work, is a collection of green commuting tax Having the option to telework will enhance the criteria described in section 2605(b)(2) of incentives. The legislation promotes a variety the quality of life for many federal employees such Act (42 U.S.C. 8624(b)(2)). ‘‘(D) The employee has been officially dis- of commuting methods, including transit, bicy- and save money for the taxpayers. For exam- ciplined for being absent without permission cling and walking, but it also provides a tax ple, there is an effort underway to attract more for more than 5 days in any calendar year. credit for qualified teleworking expenses. I young people to federal government service to ‘‘(2) DETERMINATION OF SERIOUSLY DELIN- hope that my colleagues will look at Green offset the growing number of older employees QUENT TAX DEBT.— Routes to Work as another tool to incentivize who are retiring. Offering prospective employ- ‘‘(A) IN GENERAL.—For purposes of para- teleworking. ees the option to telework increases the possi- graph (1)(A), a ‘seriously delinquent tax debt’ Encouraging teleworking will help the fed- bility that those employees with families will means an outstanding debt under the Inter- eral government be a better partner as we join the federal workforce. nal Revenue Code of 1986 for which a notice of lien has been filed in public records pursu- look for ways to improve families’ quality of life Telework also is smart fiscally. According to ant to section 6323 of such Code, except that and make all communities safer, healthier and the Office of Personnel Management, during such term does not include— more economically secure. Putting money the blizzard that hit Washington, DC last win- ‘‘(i) a debt that is being paid in a timely back in individuals’ pockets, saving the federal ter, the government lost $71 million worth of manner pursuant to an agreement under sec- government money, reducing carbon emis- productivity for each day it remained closed. tion 6159 or section 7122 of such Code;

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5587 ‘‘(ii) a debt with respect to which a levy The SPEAKER pro tempore. The gen- dollars are not being misused while has been issued under section 6331 of such tleman from Massachusetts’ point of someone is telecommuting. Code upon accrued salary or wages (or, in the order is reserved. With that, I yield to the gentleman case of an applicant for employment, a debt Pursuant to the rule, the gentleman from Georgia. with respect to which the applicant agrees to from California is recognized for 5 min- Mr. GINGREY of Georgia. Mr. Speak- be subject to a levy issued under such sec- er, I want to thank Mr. ISSA for offer- tion upon accrued salary or wages); and utes in support of his motion. ‘‘(iii) a debt with respect to which a collec- Mr. ISSA. Mr. Speaker, this is a ing this motion to recommit. tion due process hearing under section 6330 straightforward motion. It is a motion Since the stimulus passed last Feb- of such Code, or relief under subsection (a), that, if passed, will cause the Repub- ruary, the private sector has shed over (b), or (f) of section 6015 of such Code, is re- licans to vote for this, if not unani- 3.2 million jobs and unemployment now quested or pending. mously, virtually unanimously. If we stands at a staggering 9.5 percent. Now ‘‘(B) REGULATIONS.—The Office of Per- take out the $30 million in cost by in- is not the time to give another perk to sonnel Management shall, for purposes of sisting that there be reasonable offsets, Federal employees while the rest of carrying out this paragraph, prescribe any America is struggling to make ends regulations which the Office considers nec- then we will in fact have fixed one of the problems that was unnecessary in meet. essary, except that such regulations shall By requiring Federal agencies to du- the bill. Additionally, as was so well provide that an individual shall be given a plicate an existing law and spend 20 read by our Clerk just a moment ago, reasonable amount of time to demonstrate percent of their official time out of the that the individual’s debt is described in it is very, very clear that there are office and on a mobile worksite, we’re clause (i), (ii), or (iii) of subparagraph (A). some small areas but meaningful areas. ‘‘(3) CERTIFICATION OF SAVINGS.—An agency costing the taxpayers another $32 mil- We do not want the American people to lion while promoting an inefficient may not permit employees to telework under believe that telecommuters are a policy established under this chapter un- Federal workforce. downloading pornography full time the less the head of the agency certifies to the b 1500 Director of the Office of Personnel Manage- way $200,000-plus executives at SEC, ment that the implementation of the policy the Securities and Exchange Commis- I’m proud that this motion to recom- will result in savings to the agency. sion, were doing. mit corrects some of these problems. ‘‘(4) PROVISIONS RELATING TO CERTAIN CIR- Now, I wanted to include in the mo- Thankfully, if adopted, this motion CUMSTANCES.—Nothing in subsection (a) shall tion to recommit that if you’re found will require that each agency must cer- be considered— downloading while telecommuting, tify to the Office of Personnel Manage- ‘‘(A) to require the head of an agency to you’d be fired, but it turns out, Mr. ment that the agency’s telework pro- authorize teleworking in the case of an em- Speaker, the rules of the House prevent gram will save money, rather than in- ployee whose duties and responsibilities— ‘‘(i) require daily direct handling of classi- me from offering that. I am not al- crease spending. Furthermore, tele- fied information; or lowed under the rules to insist on be- working privileges will not be granted ‘‘(ii) are such that their performance re- half of the American people that some- to employees that have been dis- quires on-site activity which cannot be car- body be terminated if they’ve ciplined for poor work performance and ried out from a site removed from the em- downloaded endless pornography while behavior, such as viewing pornography ployee’s regular place of employment; or telecommuting. So instead we have on work computers, having a record of ‘‘(B) to prevent the temporary denial of simply said in the motion to recommit being absent without permission, or permission for an employee to telework if, in that if they’re found downloading por- who are delinquent in paying their the judgment of the agency head, the em- taxes. ployee is needed to respond to an emergency. nography, they can no longer telecom- ‘‘(c) PROHIBITING COLLECTIVE BARGAINING mute. Finally, Mr. Speaker, I am very ACTIVITIES WHILE TELEWORKING.—Notwith- Likewise, on a number of other areas proud that this motion will prohibit standing any provision of chapter 71, any we feel that the American people Federal employees from engaging in time during which an employee teleworks should know that there is account- union or collective bargaining activi- may not be treated as ‘official time’ for pur- ability. Accountability as to the Presi- ties while teleworking. OPM reported poses of the authority to carry out any ac- dential Records Act. Mr. Speaker, as that in fiscal year 2008 alone, nearly 3 tivity under section 7131 of this title. you know, the Presidential Records million official time hours were used in ‘‘(d) REQUIREMENT THAT PRESIDENTIAL AND collective bargaining or arbitration of VICE-PRESIDENTIAL RECORDS CREATED ON Act is extremely important. That if grievances against an employer, equat- NON-OFFICIAL ELECTRONIC MAIL OR SOCIAL somebody is working offsite, we want MEDIA ACCOUNTS WHILE TELEWORKING BE to ensure that they do not use a Gmail ing to over $120 million tax dollars COPIED TO OFFICIAL ELECTRONIC MAIL AC- account or in some other way go off spent on union activities. It’s irrespon- COUNTS.—In the case of any employee who, system and have that lost for the rest sible, Mr. Speaker, to use these dollars while teleworking pursuant to a policy es- of eternity. It is too important and it for nonrelated official duties while on tablished under this chapter, creates or re- is too uniform a law to not make sure official time. ceives a Presidential record or Vice-Presi- it is included in this Act. Additionally, So, Mr. Speaker, this motion to re- dential record within the meaning of chapter commit is necessary to save precious 22 of title 44, United States Code, through a the question of official business. Now, often motions to recommit in- tax dollars and ensure the integrity of non-official electronic mail account, a social the Federal workforce. I commend Mr. media account, or any other method (elec- clude poison pills. This is not one. We tronic or otherwise), the employee shall elec- wanted to make sure that if there’s a ISSA for bringing this forward. I urge tronically copy the record into the employ- union contract in which there’s union my colleagues to support this motion. ee’s official electronic mail account. negotiation or other time allotted—of- Mr. ISSA. I yield back the balance of ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ficial time—that it not be done clan- my time. Mr. LYNCH. Mr. Speaker, I rise to this chapter shall— destinely around telecommuting. The ‘‘(1) be considered to require any employee claim time in opposition to the mo- fact is that if a union leader who is to telework; or tion. ‘‘(2) prevent an agency from permitting an also a Federal employee has a right to The SPEAKER pro tempore. Does the employee to telework as part of a continuity have so much time spent doing that, gentleman continue to reserve his of operations plan.’’. this would not stop them, but it would point of order? Mr. ISSA (during the reading). Mr. make it very clear that you can’t sim- Mr. LYNCH. No. Speaker, I ask unanimous consent to ply be working out of your house and The SPEAKER pro tempore. The gen- dispense with the reading. use that as collective bargaining time tleman from Massachusetts is recog- The SPEAKER pro tempore. Is there or other work that would not be man- nized for 5 minutes. objection to the request of the gen- ageable. Mr. LYNCH. Mr. Speaker, there are a tleman from California? It’s very clear that we were limited number of points here that I would like Mr. LYNCH. I object. in this. This does not fix everything, to make at the outset, and I appreciate I reserve a point of order. Mr. Speaker. This does not fix every- the spirit in which the gentleman has The SPEAKER pro tempore. Objec- thing I’d like to fix, but it simply offered these amendments. tion is heard. makes the bill revenue neutral and in a Many of the concerns that the gen- The Clerk will continue to read. couple of important areas assures the tleman has raised in his motion to re- The Clerk continued to read. American people that their taxpayer commit have been addressed in the bill.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5588 CONGRESSIONAL RECORD — HOUSE July 14, 2010 I would like to begin by saying that level of impossibility for us to dem- Klein (FL) Murphy (NY) Schrader right now, with respect to tax delin- onstrate savings when we don’t know Kline (MN) Murphy, Patrick Schwartz Kosmas Murphy, Tim Sensenbrenner quency and enforcing the tax laws how much money is going to be used in Kratovil Myrick Sessions against Federal employees, we have implementing this measure. That will Lamborn Neugebauer Sestak greater protections right now in place be decided by the appropriators. And, Lance Nunes Shadegg Latham Nye against those Federal employees than as well, we realize that to set this up, Shea-Porter LaTourette Ortiz Shimkus exist against any other employee in in order to establish the teleworking Latta Pastor (AZ) Shuler America today. We have the ability to protocols, there will be an expenditure Lee (NY) Paul Shuster Lewis (CA) Paulsen Simpson remove them from their jobs. We have to begin with, but the savings will re- Linder Pence Skelton the ability to garnish their wages. We sult at a later time. So I urge my col- Lipinski Perlmutter Smith (NE) LoBiondo Perriello have the ability to demand of them leagues to vote against this. Smith (NJ) compliance with the tax law that is I yield back the balance of my time. Loebsack Peters Lucas Peterson Smith (TX) much more difficult to implement The SPEAKER pro tempore. Without Luetkemeyer Petri Space against the average private sector em- objection, the previous question is or- Luja´ n Pitts Speier Spratt ployee. So I do not think that the dered on the motion to recommit. Lummis Platts Lungren, Daniel Poe (TX) Stearns measures here and the ‘‘seriously delin- There was no objection. E. Pomeroy Stupak quent’’ category that does not exist The SPEAKER pro tempore. The Mack Posey Sullivan under the IRS Tax Code well serves the question is on the motion to recommit. Maffei Price (GA) Sutton Manzullo Putnam Tanner underlying purpose of this bill. The question was taken; and the I do want to say that prohibiting col- Marchant Quigley Taylor Speaker pro tempore announced that Markey (CO) Radanovich Teague lective bargaining activity while tele- the ayes appeared to have it. Marshall Rahall Terry Matheson Rehberg working is also a question of possible Mr. ISSA. Mr. Speaker, on that I de- Thompson (PA) violation with other statutes that I be- McCarthy (CA) Reichert Thornberry mand the yeas and nays. McCaul Rodriguez lieve may be infringed upon by this Tiberi The yeas and nays were ordered. McClintock Roe (TN) Tierney motion. So I would be very, very con- McCotter Rogers (AL) The SPEAKER pro tempore. Pursu- Titus cerned about—obviously we were given McHenry Rogers (KY) Turner ant to clause 8 and clause 9 of rule XX, McIntyre Rogers (MI) this motion about a minute ago—well, Upton this 15-minute vote on the motion to McKeon Rohrabacher Visclosky a couple of minutes ago, so I’m not so McMahon Rooney Walden recommit will be followed by 5-minute McMorris Ros-Lehtinen sure how that would affect Taft-Hart- Walz votes on passage of H.R. 1722, if or- Rodgers Roskam ley collective bargaining rights. But it Wamp dered; and the motion to suspend the McNerney Ross would appear that they would do a Weiner rules on S. 1508. Melancon Rothman (NJ) carve-out here for those workers who Mica Royce Welch The vote was taken by electronic de- Westmoreland are teleworking and yet unable to exer- Miller (FL) Rush vice, and there were—yeas 303, nays Miller (MI) Ryan (OH) Whitfield cise the rights that otherwise might 119, not voting 10, as follows: Miller, Gary Ryan (WI) Wilson (OH) exist in those employees. So I am very, Minnick Salazar Wilson (SC) very concerned about that. [Roll No. 440] Mitchell Sanchez, Loretta Wittman I understand the restrictions. Fur- YEAS—303 Mollohan Scalise Wolf Moore (KS) Schauer Wu ther, the amended version of H.R. 1722 Ackerman Carney Gerlach Moran (KS) Schiff Yarmuth already incorporates language to re- Aderholt Carson (IN) Giffords Moran (VA) Schmidt Young (AK) strict allowing employees to telework Adler (NJ) Carter Gingrey (GA) Murphy (CT) Schock Young (FL) Akin Cassidy Gohmert based on previous disciplinary issues Alexander Castle Gonzalez NAYS—119 that might have been presented. Altmire Chaffetz Goodlatte Arcuri Chandler Gordon (TN) Andrews Garamendi Oberstar With respect to the concern raised by Baird Grijalva Obey my friend and colleague with respect to Austria Childers Granger Baca Coble Graves (GA) Baldwin Gutierrez Olver accessing pornographic sites, I should Bachmann Coffman (CO) Graves (MO) Becerra Hirono Owens note that history has shown us that Bachus Cole Grayson Berman Holt Pallone Berry Honda Pascrell those who rail against weaknesses of Barrett (SC) Conaway Green, Al Barrow Connolly (VA) Green, Gene Bishop (GA) Hoyer Payne the human spirit are usually the very Bartlett Conyers Griffith Blumenauer Inslee Pingree (ME) people who succumb to those very Barton (TX) Cooper Guthrie Brady (PA) Johnson (GA) Polis (CO) Bean Costa Hall (NY) Braley (IA) Johnson, E. B. Price (NC) weaknesses. But we would certainly Brown, Corrine Kanjorski Rangel agree that that is inappropriate behav- Berkley Costello Hall (TX) Biggert Courtney Halvorson Butterfield Kennedy Reyes ior and it should be punished. I tend to Bilbray Crenshaw Hare Capps Kilpatrick (MI) Richardson think that that is a point of agree- Bilirakis Critz Harman Capuano Kilroy Roybal-Allard Castor (FL) Kucinich Ruppersberger ment, but I think it’s just a matter of Bishop (NY) Cuellar Harper Bishop (UT) Culberson Heinrich Chu Langevin Sarbanes how to implement that prohibition. Blackburn Dahlkemper Heller Clarke Larsen (WA) Schakowsky There is also a difficulty at the heart Blunt Davis (AL) Hensarling Clay Larson (CT) Scott (GA) of this, which is that the gentleman’s Boccieri Davis (KY) Herger Cleaver Lee (CA) Scott (VA) Clyburn Levin Serrano motion to reconsider requires us to Boehner Davis (TN) Herseth Sandlin Bonner DeFazio Hill Cohen Lewis (GA) Sherman demonstrate a savings now at this Bono Mack Dent Himes Crowley Lofgren, Zoe Sires level. Here’s the problem: We are not in Boozman Diaz-Balart, L. Hinchey Cummings Lowey Slaughter an Appropriations Committee. We have Boren Diaz-Balart, M. Hodes Davis (CA) Lynch Smith (WA) Boswell Djou Holden Davis (IL) Maloney Snyder not appropriated any money for this. Boucher Doggett Hunter DeGette Markey (MA) Stark We don’t have the ability to do that. Boustany Donnelly (IN) Inglis Delahunt Matsui Thompson (CA) This is authorization. So how are we Boyd Dreier Israel DeLauro McCarthy (NY) Thompson (MS) Dicks McCollum Tonko supposed to know where the break Brady (TX) Driehaus Issa Bright Duncan Jackson (IL) Dingell McDermott Towns point on savings might be when we Broun (GA) Edwards (TX) Jackson Lee Doyle McGovern Tsongas don’t know, in this forum, how much Brown (SC) Ehlers (TX) Edwards (MD) Meek (FL) Van Hollen ´ Brown-Waite, Ellsworth Jenkins Ellison Meeks (NY) Velazquez money might be spent? Engel Michaud Wasserman Those are structural flaws, I think, Ginny Emerson Johnson (IL) Buchanan Etheridge Johnson, Sam Eshoo Miller (NC) Schultz in the bill that prevent us from accept- Burgess Fallin Jones Farr Miller, George Waters ing the amendment at this time. How- Burton (IN) Flake Jordan (OH) Fattah Moore (WI) Watson ever, I understand that some Members Buyer Fleming Kaptur Filner Nadler (NY) Watt Calvert Forbes Kildee Frank (MA) Napolitano Waxman may see one or two of these issues as Camp Fortenberry Kind Fudge Neal (MA) Woolsey decisive on their behalf, and I would Campbell Foster King (IA) NOT VOTING—10 understand and respect the Members’ Cantor Foxx King (NY) rights to vote as they might on this Cao Franks (AZ) Kingston Deutch Hinojosa Sa´ nchez, Linda Capito Frelinghuysen Kirk Hastings (FL) Hoekstra T. measure. But because of the issues that Cardoza Gallegly Kirkpatrick (AZ) Hastings (WA) Kagen Tiahrt I have raised—one, because it creates a Carnahan Garrett (NJ) Kissell Higgins Olson

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5589 b 1537 ‘‘(iii) a debt with respect to which a collec- The question was taken; and the Messrs. BISHOP of Georgia, FILNER, tion due process hearing under section 6330 Speaker pro tempore announced that of such Code, or relief under subsection (a), ELLISON, NEAL of Massachusetts, the ayes appeared to have it. (b), or (f) of section 6015 of such Code, is re- Mr. LYNCH. Mr. Speaker, on that I FATTAH, GEORGE MILLER of Cali- quested or pending. fornia, KUCINICH, GUTIERREZ, ‘‘(B) REGULATIONS.—The Office of Per- demand the yeas and nays. FARR, OBERSTAR, STARK, CLY- sonnel Management shall, for purposes of The yeas and nays were ordered. BURN, MEEK of Florida, PAYNE, carrying out this paragraph, prescribe any The SPEAKER pro tempore. This SERRANO, LARSON of Connecticut, regulations which the Office considers nec- will be a 5-minute vote. Mrs. DAVIS of California, and Mr. essary, except that such regulations shall The vote was taken by electronic de- LANGEVIN changed their vote from provide that an individual shall be given a vice, and there were—yeas 290, nays ‘‘yea’’ to ‘‘nay.’’ reasonable amount of time to demonstrate 131, not voting 11, as follows: Messrs. ORTIZ, HALL of New York, that the individual’s debt is described in clause (i), (ii), or (iii) of subparagraph (A). [Roll No. 441] JACKSON of Illinois, BLUNT, ACKER- ‘‘(3) CERTIFICATION OF SAVINGS.—An agency YEAS—290 MAN, WILSON of Ohio, ROTHMAN of may not permit employees to telework under Ackerman Ehlers Lungren, Daniel New Jersey, HEINRICH, ETHERIDGE, a policy established under this chapter un- Adler (NJ) Ellison E. COOPER, CONNOLLY of Virginia, less the head of the agency certifies to the Altmire Ellsworth Lynch WEINER, MOORE of Kansas, BACA, Director of the Office of Personnel Manage- Andrews Engel Maffei SCHIFF, Ms. HARMAN, Messrs. GON- ment that the implementation of the policy Arcuri Eshoo Maloney Baca Etheridge Markey (CO) ZALEZ, PASTOR of Arizona, will result in savings to the agency. Baird Farr Markey (MA) CARDOZA, PERLMUTTER, BISHOP of ‘‘(4) PROVISIONS RELATING TO CERTAIN CIR- Baldwin Fattah Marshall New York, KIND, and BARTON of CUMSTANCES.—Nothing in subsection (a) shall Barrow Filner Matheson Texas changed their vote from ‘‘nay’’ be considered— Bartlett Forbes Matsui ‘‘(A) to require the head of an agency to Bean Fortenberry McCarthy (NY) to ‘‘yea.’’ authorize teleworking in the case of an em- Becerra Foster McCollum So the motion to recommit was ployee whose duties and responsibilities— Berkley Frank (MA) McCotter Berman Fudge McDermott agreed to. ‘‘(i) require daily direct handling of classi- The result of the vote was announced Biggert Garamendi McGovern fied information; or Bilbray Gerlach McIntyre as above recorded. ‘‘(ii) are such that their performance re- Bilirakis Giffords McMahon Mr. LYNCH. Mr. Speaker, pursuant quires on-site activity which cannot be car- Bishop (GA) Gonzalez McNerney to the instructions of the House in the ried out from a site removed from the em- Bishop (NY) Goodlatte Meek (FL) motion to recommit, I report the bill, ployee’s regular place of employment; or Blumenauer Gordon (TN) Meeks (NY) ‘‘(B) to prevent the temporary denial of Boccieri Granger Melancon H.R. 1722, back to the House with an Bono Mack Graves (MO) Michaud amendment. permission for an employee to telework if, in Boren Grayson Miller (MI) The SPEAKER pro tempore. The the judgment of the agency head, the em- Boswell Green, Al Miller (NC) Clerk will report the amendment. ployee is needed to respond to an emergency. Boucher Green, Gene Miller, George The Clerk read as follows: ‘‘(c) PROHIBITING COLLECTIVE BARGAINING Boyd Grijalva Minnick ACTIVITIES WHILE TELEWORKING.—Notwith- Brady (PA) Gutierrez Mitchell Amendment offered by Mr. LYNCH: standing any provision of chapter 71, any Braley (IA) Hall (NY) Mollohan Page 5, strike line 11 and all that follows Bright Hall (TX) Moore (KS) through page 6, line 9, and insert the fol- time during which an employee teleworks may not be treated as ‘official time’ for pur- Brown, Corrine Halvorson Moore (WI) lowing: Buchanan Hare Moran (VA) ‘‘(b) LIMITATIONS.— poses of the authority to carry out any ac- Butterfield Harman Murphy (CT) ‘‘(1) CERTAIN EMPLOYEES NOT AUTHORIZED tivity under section 7131 of this title. Cao Heinrich Murphy (NY) TO TELEWORK.—An employee may not ‘‘(d) REQUIREMENT THAT PRESIDENTIAL AND Capito Herseth Sandlin Murphy, Patrick telework under a policy established under VICE-PRESIDENTIAL RECORDS CREATED ON Capps Hill Nadler (NY) Capuano Himes Napolitano this chapter if any of the following apply to NON-OFFICIAL ELECTRONIC MAIL OR SOCIAL MEDIA ACCOUNTS WHILE TELEWORKING BE Cardoza Hinchey Neal (MA) the employee: Carnahan Hirono Nye COPIED TO OFFICIAL ELECTRONIC MAIL AC- ‘‘(A) The employee has a seriously delin- Carney Hodes Oberstar quent tax debt (as determined under para- COUNTS.—In the case of any employee who, Carson (IN) Holden Obey graph (2)). while teleworking pursuant to a policy es- Cassidy Holt Olver ‘‘(B) The employee has been officially dis- tablished under this chapter, creates or re- Castle Honda Ortiz ciplined for violations of subpart G of the ceives a Presidential record or Vice-Presi- Castor (FL) Hoyer Owens dential record within the meaning of chapter Chaffetz Inslee Pallone Standards of Ethical Conduct for Employees Chandler Israel Pascrell of the Executive Branch for viewing, 22 of title 44, United States Code, through a non-official electronic mail account, a social Childers Issa Pastor (AZ) downloading, or exchanging pornography, in- Chu Jackson (IL) Paulsen cluding child pornography, on a Federal Gov- media account, or any other method (elec- Clarke Jackson Lee Payne ernment computer or while performing offi- tronic or otherwise), the employee shall elec- Clay (TX) Perlmutter cial Federal Government duties. tronically copy the record into the employ- Clyburn Johnson (GA) Perriello ‘‘(C) The employee received a payment ee’s official electronic mail account. Coffman (CO) Johnson, E. B. Peters ‘‘(e) RULE OF CONSTRUCTION.—Nothing in Cohen Jones Peterson under the Low-Income Home Energy Assist- Connolly (VA) Kanjorski Petri ance Act of 1981 (42 U.S.C. 8621 et seq.) but this chapter shall— ‘‘(1) be considered to require any employee Conyers Kaptur Pingree (ME) was ineligible to receive the payment under Cooper Kennedy Platts the criteria described in section 2605(b)(2) of to telework; or Costa Kildee Polis (CO) such Act (42 U.S.C. 8624(b)(2)). ‘‘(2) prevent an agency from permitting an Costello Kilpatrick (MI) Pomeroy ‘‘(D) The employee has been officially dis- employee to telework as part of a continuity Courtney Kilroy Price (NC) ciplined for being absent without permission of operations plan.’’. Critz Kind Quigley Crowley Kirk Rahall for more than 5 days in any calendar year. Mr. LYNCH (during the reading). Mr. Cuellar Kirkpatrick (AZ) Rangel ‘‘(2) DETERMINATION OF SERIOUSLY DELIN- Speaker, I ask unanimous consent to Cummings Kissell Reichert QUENT TAX DEBT.— dispense with the reading. Dahlkemper Klein (FL) Reyes ‘‘(A) IN GENERAL.—For purposes of para- The SPEAKER pro tempore. Is there Davis (AL) Kline (MN) Richardson Davis (CA) Kosmas Rodriguez graph (1)(A), a ‘seriously delinquent tax debt’ objection to the request of the gen- means an outstanding debt under the Inter- Davis (IL) Kratovil Ros-Lehtinen nal Revenue Code of 1986 for which a notice tleman from Massachusetts? Davis (TN) Kucinich Ross DeFazio Langevin Rothman (NJ) of lien has been filed in public records pursu- There was no objection. The SPEAKER pro tempore. The DeGette Larsen (WA) Roybal-Allard ant to section 6323 of such Code, except that Delahunt Larson (CT) Ruppersberger such term does not include— question is on the amendment. DeLauro Latham Rush ‘‘(i) a debt that is being paid in a timely The amendment was agreed to. Dent LaTourette Ryan (OH) manner pursuant to an agreement under sec- The SPEAKER pro tempore. The Dicks Lee (CA) Salazar tion 6159 or section 7122 of such Code; question is on the engrossment and Dingell Levin Sanchez, Loretta ‘‘(ii) a debt with respect to which a levy Djou Lewis (GA) Sarbanes third reading of the bill. Doggett Linder Schakowsky has been issued under section 6331 of such The bill was ordered to be engrossed Donnelly (IN) Lipinski Schauer Code upon accrued salary or wages (or, in the and read a third time, and was read the Doyle LoBiondo Schiff case of an applicant for employment, a debt Dreier Loebsack Schrader with respect to which the applicant agrees to third time. Driehaus Lofgren, Zoe Schwartz be subject to a levy issued under such sec- The SPEAKER pro tempore. The Edwards (MD) Lowey Scott (GA) tion upon accrued salary or wages); and question is on the passage of the bill. Edwards (TX) Luja´ n Scott (VA)

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5590 CONGRESSIONAL RECORD — HOUSE July 14, 2010 Serrano Sutton Walden IMPROPER PAYMENTS ELIMI- Kind Moore (WI) Schock Sestak Tanner Walz NATION AND RECOVERY ACT OF King (IA) Moran (KS) Schrader Shea-Porter Taylor Wasserman King (NY) Moran (VA) Schwartz Sherman Teague Schultz 2010 Kingston Murphy (CT) Scott (GA) Shuler Terry Kirk Murphy (NY) Waters The SPEAKER pro tempore. The un- Scott (VA) Sires Thompson (CA) Watson Kirkpatrick (AZ) Murphy, Patrick Sensenbrenner Skelton Thompson (MS) Watt finished business is the vote on the mo- Kissell Murphy, Tim Serrano Slaughter Tierney Waxman tion to suspend the rules and pass the Klein (FL) Myrick Sessions Smith (NJ) Titus Kline (MN) Nadler (NY) Weiner Sestak Smith (WA) Tonko bill (S. 1508) to amend the Improper Kosmas Napolitano Welch Shea-Porter Snyder Towns Payments Information Act of 2002 (31 Kratovil Neal (MA) Wilson (OH) Sherman Space Tsongas U.S.C. 3321 note) in order to prevent Kucinich Neugebauer Shimkus Speier Upton Wittman Lamborn Nunes Wolf the loss of billions in taxpayer dollars, Shuler Spratt Van Hollen Lance Nye Shuster Stark Vela´ zquez Woolsey on which the yeas and nays were or- Langevin Oberstar Simpson Stupak Visclosky Yarmuth dered. Larsen (WA) Obey Sires Larson (CT) Olver The Clerk read the title of the bill. Skelton Latham Ortiz NAYS—131 Slaughter The SPEAKER pro tempore. The LaTourette Pallone Smith (NE) Aderholt Gallegly Nunes question is on the motion offered by Latta Pascrell Akin Garrett (NJ) Smith (NJ) Paul the gentleman from Illinois (Mr. Lee (CA) Pastor (AZ) Alexander Gingrey (GA) Pence Lee (NY) Paul Smith (TX) Austria Gohmert Pitts DAVIS) that the House suspend the Levin Paulsen Smith (WA) Bachmann Graves (GA) Poe (TX) rules and pass the bill. Lewis (CA) Payne Snyder Bachus Griffith Posey This will be a 5-minute vote. Lewis (GA) Pence Space Barrett (SC) Guthrie Price (GA) Linder Perlmutter Speier Barton (TX) Harper Putnam The vote was taken by electronic de- Lipinski Perriello Spratt Berry Heller Radanovich vice, and there were—yeas 414, nays 0, LoBiondo Peters Stark Bishop (UT) Hensarling Rehberg Loebsack Peterson Stearns Blackburn Herger not voting 18, as follows: Roe (TN) Lofgren, Zoe Petri Stupak Blunt Hunter [Roll No. 442] Rogers (AL) Lowey Pingree (ME) Sullivan Boehner Inglis Lucas Pitts Sutton Bonner Jenkins Rogers (KY) YEAS—414 Rogers (MI) Luetkemeyer Platts Tanner Boozman Johnson (IL) Ackerman Carson (IN) Fortenberry ´ Taylor Rohrabacher Lujan Poe (TX) Boustany Johnson, Sam Aderholt Cassidy Foster Lummis Polis (CO) Terry Rooney Brady (TX) Jordan (OH) Adler (NJ) Castle Foxx Lungren, Daniel Pomeroy Thompson (CA) Broun (GA) King (IA) Roskam Akin Castor (FL) Frank (MA) E. Posey Thompson (MS) Brown (SC) King (NY) Royce Alexander Chaffetz Franks (AZ) Lynch Price (GA) Thompson (PA) Brown-Waite, Kingston Ryan (WI) Altmire Chandler Frelinghuysen Mack Price (NC) Thornberry Ginny Lamborn Scalise Andrews Childers Fudge Maffei Putnam Tiberi Burgess Lance Schmidt Arcuri Chu Gallegly Maloney Quigley Tierney Burton (IN) Latta Schock Austria Clarke Garamendi Manzullo Radanovich Titus Buyer Lee (NY) Sensenbrenner Baca Clay Garrett (NJ) Marchant Rahall Tonko Calvert Lewis (CA) Sessions Bachmann Cleaver Gerlach Markey (CO) Rangel Towns Camp Lucas Shadegg Bachus Clyburn Giffords Markey (MA) Rehberg Tsongas Campbell Luetkemeyer Shimkus Baird Coble Gingrey (GA) Marshall Reichert Cantor Lummis Baldwin Coffman (CO) Gohmert Turner Shuster Matheson Reyes Upton Carter Mack Simpson Barrett (SC) Cohen Gonzalez Matsui Richardson Coble Manzullo Barrow Cole Goodlatte Van Hollen Smith (NE) McCarthy (CA) Rodriguez ´ Cole Marchant Bartlett Conaway Gordon (TN) Velazquez Smith (TX) McCarthy (NY) Roe (TN) Visclosky Conaway McCarthy (CA) Barton (TX) Connolly (VA) Granger McCaul Rogers (AL) Stearns Walden Crenshaw McCaul Bean Conyers Graves (GA) McClintock Rogers (KY) Sullivan Walz Culberson McClintock Becerra Cooper Graves (MO) McCollum Rogers (MI) Thompson (PA) Wamp Davis (KY) McHenry Berkley Costa Grayson McCotter Rohrabacher Thornberry Wasserman Diaz-Balart, L. McKeon Berman Costello Green, Al McDermott Rooney Tiberi Schultz Diaz-Balart, M. McMorris Berry Courtney Green, Gene McHenry Ros-Lehtinen Duncan Rodgers Turner Biggert Crenshaw Griffith Waters Wamp McIntyre Roskam Emerson Mica Bilbray Critz Grijalva McKeon Ross Watson Fallin Miller (FL) Westmoreland Bilirakis Crowley Guthrie Watt Whitfield McMahon Rothman (NJ) Flake Miller, Gary Bishop (GA) Cuellar Gutierrez McNerney Roybal-Allard Waxman Wilson (SC) Fleming Moran (KS) Bishop (NY) Culberson Hall (NY) Meek (FL) Royce Weiner Wu Foxx Murphy, Tim Bishop (UT) Cummings Hall (TX) Meeks (NY) Ruppersberger Welch Young (AK) Franks (AZ) Myrick Blackburn Dahlkemper Halvorson Melancon Rush Westmoreland Frelinghuysen Neugebauer Young (FL) Blumenauer Davis (AL) Hare Mica Ryan (OH) Whitfield Blunt Davis (CA) Harman Michaud Ryan (WI) Wilson (OH) NOT VOTING—11 Boccieri Davis (IL) Harper Miller (FL) Salazar Wilson (SC) Boehner Davis (KY) Heinrich Cleaver Higgins Olson Miller (MI) Sanchez, Loretta Wittman Bonner Davis (TN) Heller Deutch Hinojosa Sa´ nchez, Linda Miller (NC) Sarbanes Wolf Bono Mack DeFazio Hensarling Hastings (FL) Hoekstra T. Miller, Gary Scalise Woolsey Boozman DeGette Herseth Sandlin Hastings (WA) Kagen Tiahrt Miller, George Schakowsky Wu Boren Delahunt Hill Minnick Schauer Yarmuth Boswell DeLauro Himes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mitchell Schiff Young (AK) Boucher Dent Hinchey Moore (KS) Schmidt Young (FL) Boustany Diaz-Balart, L. Hirono The SPEAKER pro tempore (during Boyd Diaz-Balart, M. Hodes NOT VOTING—18 the vote). Members have 1 minute re- Brady (PA) Dicks Holden Carter Hoekstra Owens Brady (TX) Dingell Holt maining in this vote. Deutch Kagen Sa´ nchez, Linda Braley (IA) Djou Honda Hastings (FL) McGovern T. Bright Doggett Hoyer Hastings (WA) McMorris Shadegg b 1545 Broun (GA) Donnelly (IN) Hunter Herger Rodgers Brown (SC) Doyle Inglis Teague Higgins Mollohan Tiahrt Mr. COFFMAN of Colorado changed Brown, Corrine Dreier Inslee Hinojosa Olson his vote from ‘‘nay’’ to ‘‘yea.’’ Brown-Waite, Driehaus Israel Ginny Duncan Issa ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So the bill was passed. Buchanan Edwards (MD) Jackson (IL) Burgess Edwards (TX) Jackson Lee The SPEAKER pro tempore (during The result of the vote was announced Burton (IN) Ehlers (TX) the vote). Two minutes remain in this as above recorded. Butterfield Ellison Jenkins vote. Buyer Ellsworth Johnson (GA) The title of the bill was amended so Calvert Emerson Johnson (IL) b 1553 as to read: ‘‘A bill to require the head Camp Engel Johnson, E. B. Campbell Eshoo Johnson, Sam So (two-thirds being in the affirma- of each executive agency to establish Cantor Etheridge Jones tive) the rules were suspended and the and implement a policy under which Cao Fallin Jordan (OH) bill was passed. employees shall be authorized to Capito Farr Kanjorski Capps Fattah Kaptur The result of the vote was announced telework, and for other purposes.’’. Capuano Filner Kennedy as above recorded. Cardoza Flake Kildee A motion to reconsider was laid on Carnahan Fleming Kilpatrick (MI) A motion to reconsider was laid on the table. Carney Forbes Kilroy the table.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5591 REMOVAL OF NAME OF MEMBER has jumped to $22.3 billion dollars—in 1 was operational, the Israelis treated AS COSPONSOR OF H.R. 5621 month. over 1,100 patients, hospitalized 737 pa- Mr. PAUL. Madam Speaker, I ask Now President Obama wants to dou- tients, and performed 244 operations. unanimous consent to have my name ble down on Afghanistan with a coun- At the same time, the Iranians were removed from H.R. 5621. terterrorism strategy for $30 billion shipping Scud missiles through Syria The SPEAKER pro tempore (Ms. that many of us believe won’t work. to Hezbollah to rearm them on the KOSMAS). Is there objection to the re- But that’s because he’s a war-fighting northern border of Israel; the Turks quest of the gentleman from Texas? President. were trying to create an international There was no objection. This is a war with China, it’s a trade incident with their ridiculous flotilla; war, and we have surrendered to China. the Iraqis, the Sunnis and the Shiites f Secretary Geithner pretends they kept killing each other. In Pakistan, ECONOMIC CRISIS CONTINUES aren’t manipulating their currency. the government seems to be immobile (Ms. ROS-LEHTINEN asked and was Our Special Trade Representative pre- when it comes to the terrorist attacks given permission to address the House tends they aren’t precluding American in that country. In Afghanistan, the for 1 minute and to revise and extend products with unfair trade barriers. We Taliban keeps killing Americans; and her remarks.) never file complaints against their un- Hamas continues to terrorize its own Ms. ROS-LEHTINEN. Madam Speak- fair trade barriers precluding our prod- Palestinian people in the Gaza. All of er, as the massive Federal spending and ucts from getting into their country. that while the Israelis are actually overregulating continue, so does the We are losing the trade war with doing something important for human- ongoing economic crisis. The Labor De- China. We’re losing our national manu- ity. I think we ought to wake up and partment reported this week that job facturing base. We need those jobs. We appreciate what the Israelis do. openings dropped in May from the pre- can’t keep borrowing money from [From Annals of Internal Medicine, May 4, vious month and layoffs edged up. China to buy things that we used to 2010] Businesses added a net total of only make in America. That’s not a sustain- EARLY DISASTER RESPONSE IN HAITI: THE 83,000 jobs in June and 33,000 in May, able system. ISRAELI FIELD HOSPITAL EXPERIENCE after average net gains of 200,000 in Wake up downtown at the White (By Yitshak Kreiss, MD, MHA, MPA; Ofer March and April. House, please. Merin, MD; Kobi Peleg, PhD, MPH; Gad A major reason for this weak hiring f Levy, MD; Shlomo Vinker, MD; Ram Sagi, is that small businesses, which create MD; Avi Abargel, MD, MHA; Carmi Bartal, RECOGNIZING SANDY MORRIS MD, MPH; Guy Lin, MD; Ariel Bar, MD, about 60 percent of new jobs, are hav- MHA; Elhanan Bar-On, MD; Mitchell J. ing trouble getting the credit they (Mr. GINGREY of Georgia asked and was given permission to address the Schwaber, MD, MSc; and Nachman Ash, need to expand and hire more workers. MD, MS) House for 1 minute and to revise and Meanwhile, in the middle of this reces- (The earthquake that struck Haiti in Janu- sion, the liberal leadership in the extend his remarks.) ary 2010 caused an estimated 230,000 deaths House is about to unload another 2,500 Mr. GINGREY of Georgia. Madam and injured approximately 250,000 people. pages of hundreds of new regulations Speaker, I rise today to recognize a The Israel Defense Forces Medical Corps on the very businesses that provide very distinguished businesswoman, Field Hospital was fully operational on site credit. Sandy Morris, the founder and CEO of only 89 hours after the earthquake struck Madam Speaker, we need to act now Bradley Morris, Incorporated based in and was capable of providing sophisticated medical care. During the 10 days the hospital to reverse course, to lower the tax bur- Kennesaw, Georgia. Sandy built Brad- ley Morris, Incorporated—BMI—from was operational, its staff treated 1111 pa- den on small firms and simplify the tients, hospitalized 737 patients, and per- regulations in order to encourage job the ground up. Her goal was to create formed 244 operations on 203 patients. The creation, and we need it now. the biggest and best military recruit- field hospital also served as a referral center ing firm in the country, and nearly 20 f for medical teams from other countries that years later, I would say Sandy has were deployed in the surrounding areas. AMERICANS DON’T TRUST more than surpassed her goal. BMI is The key factor that enabled rapid response NATIONAL MEDIA now the largest military recruiting during the early phase of the disaster from a (Mr. SMITH of Texas asked and was firm in the country and they have distance of 6000 miles was a well-prepared helped more than 20,000 military per- and trained medical unit maintained on con- given permission to address the House tinuous alert. The prompt deployment of ad- for 1 minute and to revise and extend sonnel find careers after serving our vanced-capability field hospitals is essential his remarks.) country. in disaster relief, especially in countries Mr. SMITH of Texas. Madam Speak- Madam Speaker, Sandy’s career—in- with minimal medical infrastructure. The er, it’s hard to find any organization fluenced by her father’s service in changing medical requirements of people in that is less trusted than the national World War II—has taken her all the an earthquake zone dictate that field hos- media. Just 8 percent of Americans way to the top 3 percent of all women- pitals be designed to operate with maximum trust the media, according to a new owned firms with revenues of $1 million flexibility and versatility regarding triage, Zogby public opinion poll. Eighty-eight or more. She is truly an impressive staff positioning, treatment priorities, and hospitalization policies. Early coordination percent say they have little or no trust woman, and I wish her the best of luck. with local administrative bodies is indispen- in the media—by far the worst rating f sable.) of any organization mentioned. In com- RECOGNIZING ISRAELI An earthquake measuring 7.0 on the Rich- parison, the poll found that Americans ter magnitude scale struck close to Port-au- HUMANITARIAN EFFORTS IN HAITI trust major high-tech companies and Prince, Haiti, on 12 January 2010. The official even the social networking Web site (Ms. BERKLEY asked and was given death toll was set at 230,000, and local au- Facebook more. permission to address the House for 1 thorities estimated that 250,000 people were This is the latest of many recent minute and to revise and extend her re- injured. This catastrophic event galvanized a marks.) strong and rapid response worldwide, and the polls showing the public has lost faith Israeli government quickly decided to in the national media. If the media Ms. BERKLEY. Madam Speaker, I launch a medical humanitarian mission to want to restore Americans’ trust, they am going to be putting into the CON- provide medical care as advanced as possible should stop the liberal spin and report GRESSIONAL RECORD an article in the under the circumstances. the facts. Annals of Internal Medicine entitled Whereas the fate of patients with life- threatening internal-organ injuries is deter- f Early Disaster Response in Haiti: the Israeli Field Hospital Experience. It mined within the first hours of a disaster, CHINESE TRADE DEFICIT talks about how the Israeli Defense early provision of treatment for the mul- titudes of patients with open fractures can (Mr. DEFAZIO asked and was given Forces Medical Corps Field Hospital prevent life-threatening sepsis and limb- permission to address the House for 1 was fully operational only 89 hours threatening infections. In addition, situa- minute.) after the earthquake struck and was tions involving substantial casualties com- Mr. DEFAZIO. Press reports today capable of providing sophisticated med- bined with extensive damage to local med- show that our trade deficit with China ical care. In the 10 days the hospital ical facilities and infrastructure highlight

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5592 CONGRESSIONAL RECORD — HOUSE July 14, 2010 the need for a resourceful, experienced, and Mr. MURPHY of Connecticut. Madam military. He was very proud of being a trained medical team backed by a logistics Speaker, a few weeks ago I visited a third generation 82nd. He absolutely, contingent. The Israel Defense Forces Med- company in my district, Integro, and not in a political way, but in an altru- ical Corps (IDF–MC) Field Hospital com- through the enforcement of the Buy istic way, believed in doing some- prises such a unit. The field hospital staff consisted of 121 America clause, their business in mak- thing,’’ and that something was serv- servicemen and servicewomen (Appendix ing lighting for airstrips has almost ing his country. Table 1, available at www.annals.org) and doubled. Even when he was preparing to de- was organized into medical, surgical, ortho- In visiting them, I found out that ploy to Afghanistan, Brendan was wor- pedic, pediatric, gynecologic, and ambula- they then have increased their pur- ried more about his family than him- tory care divisions, as well as auxiliary units chasing from other domestic firms. So self. He told his sister Katie to keep (Appendix Figure, available at earlier this week I visited a company her grades up. He encouraged his broth- www.annals.org), with a capacity of 60 inpa- in Plainville, Connecticut, Olson er Tim to continue his career in com- tient beds that could be expanded to 72. To ensure maximum optic independence Brothers, who has seen their business edy. His father Hugh Neenan said, ‘‘He and to shorten the time to deployment, we increase 20 to 30 percent because of the was a very gentle soul, the nicest soul brought all hospital supplies; a fully stocked purchasing done by Integro. you would ever want to meet, but he pharmacy, including sufficient oral anti- They buy their raw product from a was a tough, tough young man.’’ biotics to be distributed on discharge; imag- company in Massachusetts, and hope- When Brendan passed away, the loss ing machinery; a laboratory that could per- fully later on during the August break was not only for the Neenan family, form blood tests and urine chemistry, hema- I will get to visit them as well. but for the entire country. America tology, blood gases, and microbiology anal- The point is when you enforce Buy lost a true hero, someone dedicated to yses; and autoclaves for sterilization. Energy sources (generators) and accommodations America regulations, when we make standing up for the values we hold so (tents and latrines) were also brought from sure that the things we buy for the dear. He was an outstanding young Israel. This crucial effort was carried out by Federal Government are bought from American. a highly trained, skilled logistics unit of 109 domestic firms, you don’t just create When I spoke to Hugh Neenan shortly personnel, including computer and commu- business with one company, you create after his son’s passing, Brendan’s char- nication specialists, security staff, kitchen business with three companies, with acter shined through despite the fact staff, carpenters, plumbers, mechanics, elec- five companies, with 10 companies. that Mr. Neenan was understandably tricians and a burial team. That is why Buy America works. That still distraught from losing a son. f is why we should reinvest and strength- Brendan was simply performing his en that policy here in Congress. BUSINESS ADVISORY TOUR duty to his country, following a proud f family tradition. (Mr. GRAVES of Georgia asked and Madam Speaker, delivering these SPECIAL ORDERS was given permission to address the speeches is one of the toughest duties House for 1 minute and to revise and The SPEAKER pro tempore. Under any Member of Congress has to do dur- extend his remarks.) the Speaker’s announced policy of Jan- ing his tenure or her tenure here, but Mr. GRAVES of Georgia. Madam uary 6, 2009, and under a previous order what we do here pales in comparison to Speaker, last week during the July 4th of the House, the following Members the brave actions of all of our men and recess, I had the privilege of announc- will be recognized for 5 minutes each. women serving overseas. They are the ing my Economic Advisory Council as I f true American heroes and they deserve toured each county in Georgia’s Ninth TRIBUTE TO ARMY SPECIALIST our unending gratitude for their sac- Congressional District. During this BRENDAN PATRICK NEENAN rifices. time, business leaders in all 15 counties Brendan was laid to rest on June 22nd I represent took time from their busy The SPEAKER pro tempore. Under a in Arlington National Cemetery along- day to join me to discuss ideas for job previous order of the House, the gen- side 300,000 other American patriots. creation. tleman from Alabama (Mr. BRIGHT) is His tomb there will be an eternal re- Do you know what was unanimous recognized for 5 minutes. minder of his sacrifice to our country. from each of these business leaders? It Mr. BRIGHT. Madam Speaker, I rise The loss of Brendan was a blow to his was stop the crazy spending that’s with a heavy heart to pay tribute to father Hugh, his stepmother Lesa, his going on here in Washington and start Army Specialist Brendan Patrick brother Tim, his sister Katie, as well as sending clear signals that Washington Neenan today. Specialist Neenan was the entire Wiregrass area in southeast is serious about creating jobs through killed in Afghanistan on June 7th by Alabama. Enterprise and the area sur- the expansion of the private sector and an improvised explosive device, other- rounding Fort Rucker, Alabama, have not expansion of government. wise known as an IED. He died while seen more than its fair share of loss This starts with lowering taxes and defending the country he loved so dear- over the last several years. stopping the runaway debt. We must ly. He was only 21 years of age. May our thoughts and prayers be stop cap and trade, repeal ObamaCare A native of Enterprise, Alabama, with the entire Wiregrass community, and get our house in order. In fact, Brendan was the third generation of as well as Brendan’s family, during Congress should block all tax in- his family to be a part of the 82nd Air- their time of mourning. creases, freeze discretionary spending borne Division. He was stationed at f to at least 2006 levels, and stop all pro- Fort Bragg, North Carolina, and a The SPEAKER pro tempore. Under a posed regulations that have any nega- member of the 2nd Battalion, 508th previous order of the House, the gen- tive economic impact. Parachute Infantry Regiment, 4th Bri- tleman from Kansas (Mr. MORAN) is In other words, the business commu- gade Combat Team. recognized for 5 minutes. nity in my district is saying loud and After high school, Brendan enrolled (Mr. MORAN of Kansas addressed the clear, ‘‘Washington, you’re not helping. at Enterprise State Community Col- House. His remarks will appear here- Get out of the way and let the free lege, where I went to school, where, after in the Extensions of Remarks.) market work.’’ like his older brother Tim, he showed I couldn’t agree with them more. an interest in comedy. But Brendan f had a higher calling and strongly be- b 1610 f lieved he should serve his country first GOVERNMENT BORDER SECURITY b 1600 before doing anything else. Without question, he adhered to the concept of PLAN: ERECT A FEW SIGNS BUY AMERICA PROVISIONS America first. The SPEAKER pro tempore. Under a WORKING His brother Tim noted to the South- previous order of the House, the gen- (Mr. MURPHY of Connecticut asked east Sun newspaper in Enterprise, tleman from Texas (Mr. POE) is recog- and was given permission to address ‘‘Brendan was a third generation 82nd nized for 5 minutes. the House for 1 minute and to revise Airborne. Him, my dad and my grand- Mr. POE of Texas. Madam Speaker, I and extend his remarks.) father did the exact same thing in the bring you news from the third front.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5593 We have the first front in the war in swer the phone. You don’t get the Fed- After about a hundred days, the crew Afghanistan, the second front is the eral Government because they don’t arrived safely in the waters of the At- war in Iraq, and the third front is the answer 911 calls. lantic Ocean. From there, the Ocean border with our neighbors to the So our government is suing Arizona Watch sailed south along the Atlantic south—Mexico. We are finally begin- and doesn’t want Arizona local law en- coast of both continents to the chal- ning to learn that there is concrete evi- forcement to enforce immigration laws lenging route around Cape Horn, where dence of a new border plan by this ad- and border security, but local secu- they once again met the waters of the ministration. The administration’s new rity—police officers—will answer 911. Pacific. After traveling over a year and plan is this. And let me show you. The They will probably say, Well, we’re not completing more than 28,000 nautical plan is to put up warning signs—signs supposed to be enforcing immigration miles, they finished their expedition like this one right here. And I happen laws so we’re going to turn you over to and returned home to Seattle. They set to have a photograph of one of these ICE. They connect you to ICE—Immi- sail with the mission of inspiring, edu- signs. It’s on Interstate 8 in Arizona. gration and Customs Enforcement. And cating, and engaging the citizens The Bureau of Land Management what are they going to say? If we actu- throughout the Americas to protect began posting these signs recently in ally get to the Federal Government, our fragile oceans. locations along Interstate 8 between what will they say? They will probably This amazing journey was envisioned Casa Grande and Gila Bend in Arizona. say, Well, read the rest of the sign and by David Rockefeller, Jr., and Captain It’s an east-west stretch of highway move away, because we have really not Mark Schrader of Stanwood, Wash- about 60 miles long. Phoenix is 30 miles tried to enforce the law along Inter- ington. To implement their shared vi- to the north. The border with Mexico is state 8 in Arizona. Seems to be a little sion, Mr. Rockefeller enlisted the as- 80 to 100 miles to the south. About a nonsense to me. sistance of a nonprofit organization he dozen of these signs have been posted. Here’s my favorite one down here at helped to found, Sailors for the Sea, You probably can’t see this, Madam the bottom. The last one says, The that encourages sailors to become Speaker, so let’s go through it. Of BLM—that’s the Bureau of Land Man- more active stewards of the world’s course, at the top it’s in red: Danger: agement. They manage Federal lands oceans. Over the course of their jour- Public Warning—Travel Not Rec- in the United States to take care of us ney, the crew that included experi- ommended. The Federal Government, all. It says: The Bureau of Land Man- enced sailors, photographers, journal- the administration, and its new border agement Encourages Visitors to Use ists, educators, and scientists, visited security plan is to tell us, Don’t travel Public Lands North of Interstate 8. In 13 countries at 45 ports of call. In Alas- this highway. It’s not recommended by other words, don’t go south of Inter- ka, they visited with the Namgis Indi- the Federal Government. The adminis- state 8, that 80 miles to 90 miles to ans of British Columbia and were tration has issued travel warnings to Mexico. Go north of Interstate 8. Phoe- themselves educated on the destruction citizens to not travel in parts of Amer- nix is only 30 miles from here, by the of the local habitat by industrial log- ica. It’s just too dangerous for Ameri- way. ging and over-fishing. They docked in So, are we ceding as a country land cans to go through America. New York City for a presentation at south of Interstate 8 to Mexico, the The sign goes on and says some more. the New York Yacht Club, where they drug cartels, to the human smugglers, Right here, the first bullet point: Ac- shared their experience and mission to to the drug traffickers? Are we just tive Drug and Human Smuggling Area. a standing-room only crowd. giving that land back because our Fed- So now we know why we’re not to be in At each stop, the crew shared their eral Government says, Sorry, we’re not that part of Arizona—because it’s not experiences and raised awareness of protecting that part of America. We’re safe. There’s an active area of drug important ocean health issues like not going to keep that safe. smuggling and human trafficking. And polar ice melt, ocean pollution, col- That is unfortunate, giving this land lapsing fisheries, acidification, and so the remedy of the Federal Govern- over to the crime cartels. And so ment is warning Americans to stay coastal erosion due to sea level rise. To ceding the land to Mexico is not a bor- aid in their mission, the Ocean Watch away. der security plan at all. Our govern- carried with it various instruments and Further, the sign says: Visitors May ment’s plan seems to be simple—erect cameras, coordinated data collection Encounter Armed Criminals and Smug- a few signs, tell Americans to run and with various NASA and NOAA sat- gling Vehicles Traveling at High Rates hide in their own country, and then sue ellites, and took advantage of the of Speed. Another reason why Ameri- the State of Arizona for trying to pro- unique opportunity to track and mon- cans are encouraged not to go through tect its citizens. That’s not a plan. itor global data from a single platform. America. It’s just not safe. That’s nonsense. The Federal Govern- In the true spirit of conservation and Now, would those visitors be Amer- ment is missing in action. We need to education, these measurements will be ican? It must be because the sign is ac- send the National Guard to the border shared and used to complement other tually written in English, supposedly and protect Americans. for Americans traveling this interstate And that’s just the way it is. oceanographic, atmospheric, and cli- highway across America. mate research programs, the majority f The sign further gives some more of which originated from the Applied warning comments: Stay Away from CONGRATULATING OCEAN WATCH Physics Lab and the Joint Institute for Trash, Clothing, Backpacks, and Aban- AND ITS CREW the Study of the Atmosphere and doned Vehicles. We’re not supposed to The SPEAKER pro tempore. Under a Oceans at the University of Wash- get near those items when we travel previous order of the House, the gen- ington. To help in accomplishing the Interstate 8. You see, it continues to tleman from Washington (Mr. educational goals of this project, they say: If You See Suspicious Activity— MCDERMOTT) is recognized for 5 min- used a set of curricula and educational and this must be important because it utes. resources developed by Seattle’s Pa- is underlined—Do Not Confront. Move Mr. MCDERMOTT. Madam Speaker, I cific Science Center, and brought with Away. Call 911. rise today to congratulate the crew of them trained, bilingual educators who Now let’s go over this warning on the sailing ship Ocean Watch, a 60-foot shared lessons linked to the onboard this interstate highway sign telling sailboat, which just completed a 28,000- scientific research with the commu- Americans not to travel through Amer- mile journey around the Americas. It’s nities that they visited. ica because it’s just too dangerous be- been a little more than a year ago that The completion of Ocean Watch’s ex- cause of the illegal activity in the area. Mark Schrader, Herb McCormick, traordinary voyage cannot come at a It says, If you see something that you David Thoreson, and David Logan left more critical time in our Nation’s eco- think is suspicious, don’t confront Seattle and sailed north. They sailed logical history. As we watch helplessly those people. Move away and call 911. around Alaska and then through the as the oil gushes into the Gulf of Mex- Now let’s go through this a little bit. treacherous Northwest Passage, an ico and it devastates the region’s eco- Call 911. You pick up the phone, you area that’s usually too full of ice to system with the far-reaching potential call 911. Normally, when you call 911, pass but is now navigable because of of consequences that extend well into you get local law enforcement to an- the rapidly warming Arctic. the Gulf, we need more advocates who

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5594 CONGRESSIONAL RECORD — HOUSE July 14, 2010 understand the importance of pro- Another soldier in the same article FISCAL DISCIPLINE tecting our fragile oceans. was quoted as saying, ‘‘This is not how The SPEAKER pro tempore (Ms. While the crew of the Ocean Watch you fight a war, at least not in FUDGE). Under a previous order of the successfully completed their voyage, Kandahar! We’ve been handcuffed by House, the gentlewoman from Arizona their work has only just begin. After our chained chain of command.’’ (Mrs. KIRKPATRICK) is recognized for 5 both the Exxon Valdez and the disaster Madam Speaker, also from that arti- minutes. in the Gulf, I’m not sure how many cle, I would like to read another para- Mrs. KIRKPATRICK of Arizona. more wake-up calls we need, but I do graph: ‘‘For troops on the ground, the Madam Speaker, on Sunday, two lead- know that we’re going to need people directive has lowered their morale and ing voices from both sides of the aisle like Mark Schrader and his crew to limited their ability to pursue insur- outlined as clearly as ever the con- help educate us on what is happening gents. They note that Taliban fighters sequences of Washington’s unre- to our oceans. I commend the crew of seem to understand the new rules and strained spending. The cochairs of the the Ocean Watch for moving us forward have taken to sniping at troops from nonpartisan Debt and Deficit Commis- on this difficult path. inside homes or retreating inside sion, former Republican Senator Alan I recently read a quote by a British houses after staging attacks.’’ Simpson and former Clinton adminis- man named Thomas Fuller in 1732. He This is an ongoing issue and problem tration Chief of Staff Erskine Bowles said, ‘‘We never know the worth of for our military. In fact, in a June arti- said that if the government stays on water until the well is dry.’’ I sincerely cle, there was a syndicated column by its current path, our crushing Federal hope that with advocates like the crew George Will, and I will read just one debt will ‘‘destroy the country from of the Ocean Watch, we will prove Mr. paragraph. In ‘‘a recent email from a within.’’ Bowles went on to describe it Fuller wrong. noncommissioned officer serving in Af- as a ‘‘cancer’’ on our Nation. f ghanistan’’ . . . ‘‘he explains why the These are just the latest warnings of b 1620 rules of engagement for U.S. troops are the disaster we face if Congress does too prohibitive for coalition forces to not begin making the tough choices to ANNOUNCEMENT BY THE SPEAKER achieve sustained tactical successes.’’ PRO TEMPORE restore fiscal discipline. Washington And, Madam Speaker, also during politicians have heard it from policy The SPEAKER pro tempore. The that debate a couple of weeks ago, I experts, from public servants, and, Chair announces that the correct tally held up these two articles from Marine above all, from the people. When will on roll call vote No. 440 was 303 yeas Times, ‘‘left to die. They call for help. they start to listen? How much plainer and 119 nays. Negligent Army leadership refuse and can we make the stakes? What more f abandon them on the battlefield. Four will it take to get the message RULES OF ENGAGEMENT marines and one Army killed’’ because through? they did not get the support that they I was proud to fight for the strongest The SPEAKER pro tempore. Under a needed because of rules of engagement. possible debt commission, and I will previous order of the House, the gen- I also have spoken to a father from push Congress for an up-or-down vote tleman from North Carolina (Mr. Maine who was quoted in another Ma- on each of their recommendations. But JONES) is recognized for 5 minutes. Mr. JONES. Madam Speaker, when rine Times article, ‘‘Caution killed my the cochairs have already laid out what we were debating the issue of Afghani- son. Marine families blast suicidal tac- needs to be done to get our fiscal house stan a couple of weeks ago, during the tics in Afghanistan.’’ The father said to in order, and this House must not 3 minutes of time that I had, I brought me—he, himself, a retired marine—that waste any opportunity to take action. up the issue of rules of engagement. my son and the platoon, if they had As Members put together the appro- These are the rules that our men and gotten the cover that they needed the priation bills for the next fiscal year, women in uniform in Afghanistan and day before when they saw Taliban sol- they should work creatively and ag- Iraq have to follow if they’re going to diers going into a cave—they called for gressively to cut spending levels and do be confronted by the enemy. air support. The helo came over the more with less. As I have proposed, Well, I have been very disappointed gunship but did not fire into the cave they should start by reducing congres- that we’ve put so many restrictions on because the pilot said, ‘‘We cannot see sional pay by 5 percent. Congress needs our men and women in uniform that I, the enemy,’’ yet the young lieutenant to lead by example. Before they ask the along with two other Members of the had just reported to them, ‘‘We saw the rest of the Federal Government to House—JEFF MILLER, a Congressman Taliban soldiers go into the cave.’’ make cuts, they must go on to find big from California and DOUG LAMBORN, a Madam Speaker, it is time to get out and small ways to save billions of tax- Congressman from Colorado—wrote to of Afghanistan. We have put our troops payer dollars. Chairman IKE SKELTON and Ranking over there in harm’s way, and we’re not Paying down the debt and balancing Member BUCK MCKEON, and we asked letting them fight as they should be the budget will not be easy. There will for a classified hearing on this issue of able to fight. be politically unpopular decisions to be the rules of engagement. Before I close, in a poll from CBS just made. But as Senator Simpson and Mr. And, Madam Speaker, in the letter 2 days ago, ‘‘Should U.S. Set a Time- Bowles reminded us, leaving the hard that we wrote to the chairman and table for Withdrawing Troops from Af- calls for another day is no longer an ranking member, we cited in there an ghanistan?’’ 54 percent said ‘‘yes,’’ 41 option. article from The Washington Post that percent said ‘‘no,’’ and 5 percent were f was entitled, ‘‘This is not how you undecided. fight a war.’’ One example, one of the Madam Speaker, I want to close by THE MIAMI VA’S CONTINUED United States Army officers serving in asking God to please bless our men and PROBLEMS WITH COLONOSCOPIES southern Afghanistan quoted in this women in uniform, to please bless the The SPEAKER pro tempore. Under a article, ‘‘Minimizing civilian casualties families of our men and women in uni- previous order of the House, the gentle- is a fine goal, but should it be the be- form. God, in Your loving arms, hold woman from Florida (Ms. ROS- all and end-all of the policy? If we the families who have given a child LEHTINEN) is recognized for 5 minutes. allow soldiers to die in Afghanistan at dying for freedom in Afghanistan and Ms. ROS-LEHTINEN. Madam Speak- the hands of a leader who says, ‘We’re Iraq. And I will ask God to please bless er, over a year ago, more than 3,000 going to protect civilians rather than the House and Senate that we will do veterans in the Miami Veterans Affairs soldiers,’ what’s going to happen on the what is right in the eyes of God. And I Medical Center were notified that they ground? The soldiers are not going to will ask God to give wisdom, strength, could have been exposed to life-threat- execute the mission to the best of their and courage to the President of the ening diseases like HIV and hepatitis ability. They won’t put their hearts United States that he will do what is because the Miami VA was not prop- into the mission. That’s the kind of at- right in the eyes of God. And three erly sterilizing its equipment for mosphere we’re building’’ in Afghani- times—God, please, God, please, God, colonoscopies. These are veterans who stan. please continue to bless America. went in for routine screenings, who put

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5595 their trust in the medical professionals with life-threatening diseases cannot of a country that they don’t feel that at the VA, and could have been pos- be repeated. To restore that lost credi- they’re representing. sibly infected with any number of vi- bility, the VA must enact new proce- Now, we do have many examples of ruses. Our veterans who sacrificed so dures to ensure that similar problems times in our history when we’ve had much for our country deserve better never occur in the future and make people who’ve stood up to principle and than this. sure that there are proper mechanisms have not been able to compete. In 1924, When this matter first came to light in place to resolve any issues that do a Scottish Olympic star named Eric last year, immediate hearings into the arise. Liddell did not want to compete on the matter were called. My colleagues and I know that the Miami VA health Sabbath. He was told that he would not I were told multiple times that every care professionals have a lot of work be able to participate in the 1924 Olym- veteran who underwent a colonoscopy ahead of them to rebuild the trust, and pics because of that. during the risk period would be con- they will do so. They will re-establish In the movie ‘‘Chariots of Fire,’’ tacted and would be tested. During fol- that bond between each veteran and which was an Academy Award-winning lowup site visits at the Miami VA, I the most excellent Miami VA center. movie in 1981, this was chronicled; and was again personally assured that the Our veterans know that they deserve he was called in that movie a true man VA had informed every impacted vet- to know what went wrong and, more of principle, a true athlete. His speed is eran. Most importantly, both local and importantly, that it will never happen a mere extension of his life, it’s force; national VA officials were certain that to a fellow veteran from here on out. and we sought to sever his running real positive changes had been made to from himself. f Madam Speaker, if the British, or restore accountability and trust. Now, The SPEAKER pro tempore. Under a Madam Speaker, 1 year later, we find any national entity, seek to sever this previous order of the House, the gentle- Iroquois National team from their own out that an additional 79 veterans woman from Ohio (Ms. KAPTUR) is rec- national identity, then they are asking might have been exposed to these life- ognized for 5 minutes. them to not be the athletes that they threatening viruses but were, in fact, (Ms. KAPTUR addressed the House. are. never notified of their risk. Her remarks will appear hereafter in I urge the British Government to do Now, we are blessed to have excellent the Extensions of Remarks.) everything in their power to make sure doctors, excellent nurses, excellent f that once safety considerations are health care professionals working at considered, that this team be allowed the Miami VA, and I’m sure that they PASSPORTS FOR THE IROQUOIS to go to travel to Great Britain and to are saddened by this repeated problem. LACROSSE TEAM be allowed to compete. These Iroquois, I thank this dedicated group of health or Hodnashone, were the inventors of care professionals for caring so deeply The SPEAKER pro tempore. Under a previous order of the House, the gen- the game of lacrosse. It would be an about our veterans. They should not be international embarrassment if they’re faulted for the problems of a few. tleman from New York (Mr. MAFFEI) is recognized for 5 minutes. not allowed to compete. And they have This most recent mistake was only been allowed to compete in other coun- discovered by the Miami VA when one Mr. MAFFEI. Madam Speaker, I rise to give the House an update on the sit- tries such as Australia and Japan. of the veterans, himself, came forward. We cannot lose the forest for the He wondered why the hospital had not uation concerning the Iroquois Nation- als lacrosse team trying to travel to trees. We cannot look at some bureau- contacted him about his colonoscopy cratic excuse, particularly for the which was performed during the risk the 2010 World Lacrosse Championship in Great Britain. country that’s allegedly hosting the period. Without his coming forward, Olympics in 2012 in London. If they’re these 79 potentially impacted patients Madam Speaker, I rose this morning to talk about how this team is trying going to host an international game, could have easily gone completely un- they have to be ready to welcome an noticed. to travel to this. They are traveling on their own passports as an indigenous international team. HIV and hepatitis are much more f easily treated, and survivability is people, and they were not allowed to greatly enhanced, obviously, if the dis- board the plane multiple times. RECOGNIZING CONSTITUTING eases are caught early. The failure of Since I last reported to the House, AMERICA’S ‘‘WE THE PEOPLE 9/17 some in the Miami VA to identify the State Department, because of the CONTEST’’ those veterans is near unfathomable direct intervention of the Secretary of The SPEAKER pro tempore. Under a when considering the supposed micro- State, Hillary Clinton has become in- previous order of the House, the gen- scope that the VA had promised they volved; and they have issued an assur- tleman from New Jersey (Mr. GARRETT) would be held under. ance to the British Government that is recognized for 5 minutes. indeed this team, who have already Mr. GARRETT of New Jersey. It was b 1630 subjected themselves to all the secu- John Adams who once wrote, ‘‘Liberty Yet 79 of the veterans still fell rity considerations, including a full cannot be preserved without a general through the cracks. Nationally, the VA bio-scan, fingerprints and other back- knowledge of the people.’’ And when I has promised to deliver on its pledge of ground checks, that this team would be first came to Congress, I resolved that greater management accountability allowed back in the United States and promoting knowledge of the U.S. Con- and trust. The VA must follow basic was, indeed, a legitimate team. stitution would be one of my primary procedures to protect its patients and However, Madam Speaker, the Brit- responsibilities and priorities. And to implement a process for examining its ish have not yet decided whether or not that end, I founded and continue to faults and resolving them. to let the team into this international this day to chair the Congressional The Miami VA is again contacting competition. Constitution Caucus. every single patient who may have Madam Speaker, the 2010 World La- I come here to the floor tonight just been exposed so that he can be tested crosse Championships are being hosted to say that I’m not alone in this effort and, if need be, treated. The VA must in Great Britain. This team, the Iro- in working to preserve our freedoms make sure that this tragedy is never quois Nationals, that represent the six through education and specifically of repeated and that accountability and nations of the Iroquois Confederacy, or the U.S. Constitution. And so tonight I oversight are restored. as they call it, the Hodnashone People, would just like to recognize a group Our country is deeply indebted to the this team was invited, not to compete whose mission is to inform America’s sacrifices made by our courageous men for the United States or Canada or any youth and her citizens about the im- and woman who have served in our other country other than the Iroquois portance of the U.S. Constitution and Armed Forces. We owe it to them to Country. They were invited because of the foundation it sets forth regarding make sure that they are taken care of their own national identity. And so it our freedoms and rights. upon their return home. seems particularly odd and contradic- The name of this group is Consti- This terrible mistake that led our tory that the British Government tuting America. And I commend the ef- veterans to being potentially impacted would require them to have passports forts of the two founders, and that is

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5596 CONGRESSIONAL RECORD — HOUSE July 14, 2010 Janine Turner and Cathy Gillespie. It b 1640 Mr. DANIEL E. LUNGREN of Cali- is these two women, along with Now, at the same time we have fornia. Madam Speaker, I rise today to Janine’s daughter, Juliette, who are what’s called sanctuary cities, cities recognize and honor the late California trying and working hard to inspire stu- where illegals are encouraged to go, State senator and former California dents across this country to learn more and they are in effect being protected. Assembly Republican Leader Dave Cox, about this fundamental, primary docu- That is against the law. And so here who passed away at his home yester- ment, the U.S. Constitution. And you have the Federal Government, the day, surrounded by his loving family. they’re doing it by launching the first Justice Department and the President I had the great pleasure of working ever annual ‘‘We the People 9/17 Con- saying we’re not going to go after the with Dave, and I admired not only his test.’’ sanctuary cities who are protecting il- energy, but his tireless service to the Students had until just last week, legal aliens that are in this country, people he represented. I was pleased that was July 4, to submit either a and at the same time they’re not going that I was able to represent some of poem or an essay, a song or even a to enforce the law which says that those same people in my congressional short film or any other type of creative we’ve got to protect the border against district, which overlapped his State work. I come here tonight to offer to illegals coming in in the first place. It senate district. every one of the participants my heart- really is a real inconsistency, and it He constantly strove to make gov- felt congratulations for their hard bothers almost everybody who thinks ernment work better for people, and I work in this endeavor. about it to say we’re not enforcing one do believe he accomplished this mis- This contest, and the creation of law and we’re opposing another law. sion. His public service spanned more Constituting America, really fittingly The government of the United than two decades, and it goes without represents the genius of the American States, the Justice Department, is op- saying that he will be sorely missed Republic, for we are a civilization that posing the very law that they’re suing across the entire Sacramento region. prizes individual freedom, that prizes Arizona for in trying to protect that Dave served on the Sacramento Mu- personal responsibility, continuing southern border. And at the same time, nicipal Utility District Board, and was education, great innovation and, most there is a law that deals with illegal a 6-year Sacramento County supervisor importantly, civic virtue. aliens in sanctuary cities, and the Fed- before joining the California Assembly So I thank Janine and Cathy for pro- eral Government will not go after in 1998, and then the California Senate viding a relevant means to further our them. And the appearance is the Fed- in 2004. Much can be said about Dave Cox the understanding of our Nation’s values, eral Government under the President, public servant, but let us remember our history, and our founding docu- President Obama, and the Justice De- that he was a devoted husband, father, ments. The American story is filled partment wants to protect those who and grandfather as well. Dave, along with great intrigue and bravery; and are here illegally in sanctuary cities, with his wife, Maggie, raised three remembering its past, remembering but they do not want to police the bor- daughters, and were the proud grand- and having an understanding of these der as prescribed by law. That is just parents of six grandchildren. founding documents of the U.S. Con- dead wrong. It’s an inconsistency. And I was pleased to be able to speak with stitution will help secure us as we the Justice Department and the admin- him just a few weeks ago, when he had write the next chapter. istration should be taken to task for returned from receiving some treat- f this. ment for the cancer. And he told me If I were talking to the American The SPEAKER pro tempore. Under a that he was going to return to the people, I would tell them to contact previous order of the House, the gen- State senate, which he did several days their Congressman if they are con- tleman from Indiana (Mr. PENCE) is later. Here was yet another example of cerned about illegal immigration. recognized for 5 minutes. a man serving the people he loved until We’ve got 12 to 15 million illegals in (Mr. PENCE addressed the House. His the very end. He said to me at that this country, and they are being pro- remarks will appear hereafter in the time, well, he was only about 90 per- tected in sanctuary cities against the Extensions of Remarks.) cent. And I said, ‘‘Well, 90 percent of law, and the Justice Department will f Dave Cox is better than a hundred per- do nothing about it, and the adminis- cent of most of the people in public OUR INCONSISTENT POLICY tration will do nothing about it. And at service.’’ TOWARD ILLEGAL ALIENS the same time, because Arizona is ex- I am honored to remember my friend, periencing a real tragic situation down The SPEAKER pro tempore. Under a the late Senator Dave Cox, a devoted there, and they passed a law that is previous order of the House, the gen- family man, an exemplary public serv- consistent with Federal statutes, the tleman from Indiana (Mr. BURTON) is ant, and a trusted colleague. Eternal Federal Government is going after recognized for 5 minutes. rest, grant unto him, O Lord, and let them. Mr. BURTON of Indiana. Madam perpetual light shine upon him. May he It makes absolutely no sense. And it Speaker, I get a little concerned some- rest in peace. times when there’s a real inconsistency begs the issue and the question about f in our policy toward illegal aliens in whether or not this administration and this country. The administration and this Justice Department does want to A DISCUSSION ABOUT JOBS the Justice Department have said protect our borders from illegal aliens. The SPEAKER pro tempore (Mr. they’re going to take the State of Ari- It doesn’t appear that they really want GARAMENDI). Under the Speaker’s an- zona to court because the State of Ari- to do that. nounced policy of January 6, 2009, the zona has passed a law which deals with f gentleman from California (Mr. stopping illegal immigration, and it The SPEAKER pro tempore. Under a GARAMENDI) is recognized for 60 min- parallels, it mirrors almost exactly the previous order of the House, the gen- utes as the designee of the majority Federal statute. tleman from Oregon (Mr. DEFAZIO) is leader. So the Federal Government is not recognized for 5 minutes. Mr. GARAMENDI. Madam Speaker, doing what it should in enforcing the (Mr. DEFAZIO addressed the House. thank you. law dealing with our southern border. His remarks will appear hereafter in Following on Congressman LUNGREN, And so Arizona, who’s dealing with the Extensions of Remarks.) my colleague from the neighboring dis- drug traffickers, criminals, illegal f trict, I didn’t realize that Senator Dave aliens and possibly terrorists coming Cox had died. I join him in the eulogy across the border, they have decided to REMEMBERING THE LATE that he so graciously gave here on the do what the Federal Government SENATOR DAVE COX floor. An extraordinary individual, rep- won’t. The Federal Government is sup- The SPEAKER pro tempore. Under a resented my mother in the mountain posed to do what Arizona is doing, and previous order of the House, the gen- counties, and was dedicated, as was because Arizona is doing it, the Federal tleman from California (Mr. DANIEL E. said, to the betterment of California. Government is suing them. LUNGREN) is recognized for 5 minutes. So I will start with that.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5597 What I intended to discuss here today loss of these some 8 million jobs com- during the course of this discussion. was jobs, American jobs, and the situa- pared to 22 million jobs that were cre- But also I want to just tell you the way tion we are faced with today and the ated under the Clinton administration? we’re going to do this, and that is we’re extraordinary burden that’s placed We’re going to come to that during this going to talk about what’s going on in upon so many Americans who have lost discussion. And it’s a fundamental various parts of America. their jobs in the last years of this great question, because it is the question of So, from time to time, I’ll come back recession. national policy. and talk about the other six funda- What I wanted to really start with b 1650 mental pieces of legislation that have was to try to get a sense of what has During the prior period of the Bush been signed into law by President happened over the last 3 years, 21⁄2, al- Obama, passed by this House. All most 3 years now. Beginning in Decem- administration, by contrast, 1 million jobs were created in America. Again, seven, including the American Recov- ber of 2007, the great American reces- ery and Reinvestment Act, have cre- sion began during the George W. Bush enormous difference—22 versus 1. Why? What’s the reason for this? And the ated jobs in America and turned period. And we began to lose jobs, around the American economy. So largely as a result of the subprime policy decisions that were made that led to this enormous difference here. we’re growing. Not as much as we mortgage, the lack of regulation that I’d tell you what we’d like to do for should and not as much as necessary, was going on, loans being made to peo- the remainder of this year is create but we’re growing. ple that didn’t qualify, and all the some 900,000 jobs, and we’re on course I’d like now to reach out—well, I games of Wall Street that began to un- to do that. It’s going to take a lot of guess I’m a Californian, but basically ravel and to cause the American econ- work. It’s going to take a lot of I’m from northern California. I rep- omy to literally crash. changes in policy. resent a district in the San Francisco As that Wall Street problem mag- Beginning with the Obama adminis- Bay Area east of the San Francisco nified and grew, the number of jobs tration, a series of pieces of legislation Bay. But there’s another part of Cali- that were lost grew, so between Decem- were put into place, and I’d like to just fornia that is rather big. That would be ber of 2007, when there is actually some review those pieces of legislation and the Los Angeles Basin. And specifi- modest job growth, and December of what they were doing. Many of these cally, joining me from Orange County 2008, we saw an extraordinary decline were designed specifically to deal with is the gentlewoman from Orange Coun- in jobs. So that in December 2008 you the great recession and to prevent the ty, LORETTA SANCHEZ. are looking at over 750,000 jobs lost. American economy from falling into a Now, in January, at the end of Janu- Can you talk to us about what’s hap- 1930 Depression. We were on the edge. pening there and the nature of the ary, the Obama administration came We were teetering on the edge of that. economy and the job situation. in, and again in January we faced an- Some of this was done in the last other 700,000 jobs lost. But almost all days of the George W. Bush administra- Ms. LORETTA SANCHEZ of Cali- that period of time was the previous tion, which was the bailout of Wall fornia. Absolutely. administration. And the new Obama Street, the TARP program. That pro- As you know, I live in an incredibly administration did not have any oppor- gram pumped some $700-plus billion wonderful area called Orange County, tunity until the last 5 days of the into Wall Street. A lot of controversy the OC that many of you have seen on month to even take over the adminis- about it. Other nations around the television before. It’s not clearly the tration of government. world were doing the same thing. And way it’s depicted there, but it is a Thereafter, and most every month the result was a stabilization of the fi- beautiful place. We’re the home of since then we have seen a decline in nancial industry. For me, I would have Disneyland, of the Anaheim Angels. We the number of jobs lost, so that now in liked to have seen it done differently, have one of the largest concert arenas the fall of 2009 we actually began to see but it was done that way during the in the Nation. We also have a beautiful the first signs of job growth. So that in Bush administration, and it did actu- coastline that so many people want to September, October of 2009 there is ac- ally stabilize the economy. Now, become to in Newport Beach and Laguna tually a small, very modest increase in cause of bills that have been passed Beach, and it’s just a very, very special jobs, followed the next month by again since that time, we’re seeing a good place. a decline. But then in the following portion of that money returned to the But the housing issue affected Or- months since the fall of 2009 to this pe- American Treasury. ange County in a dramatic way. We riod, we have actually seen a growth in Now, beginning with the Obama ad- had, in Orange County, four of the six the number of jobs in America. And ministration, immediate action was largest subprime lenders across the Na- that’s good news. taken here on the floor of this House tion were in Orange County. So almost We’re not anywhere near where we and in the Senate to try to stabilize overnight we lost 40,000 jobs just to the need to be. And I think we all need to the job market to try to put Americans housing issue. understand what has been done to—the back to work. And the very first bill Well, I would like to let people know effect of all of this job loss. So if I that was enacted, I believe, within the that it was reported in today’s Los An- might just go to another chart here so first 30 days was the American Recov- geles Times that housing is coming that we can set the foundation for what ery and Reinvestment Act. we’re going to talk about, you know, Now, economists looking at that back in California. And specifically it the numbers basically lay it out there. today have said that that legislation noted, of course, this whole tax issue, During the Great Recession, begin- alone created 2.8 million jobs, includ- because my colleague, my wonderful ning in the fall of 2007 and then con- ing teachers, police, firemen, construc- colleague from the northern portion of tinuing on until the fall of 2009, 8 mil- tion workers, and the like. It also pro- our State noted the tax cuts that we lion jobs were lost. Nearly all of those vided the American middle class with had in the American Recovery and Re- were lost during the George W. Bush the largest tax cut ever for the middle investment Act, in particular. administration. For the Americans class. Ninety-eight percent of Ameri- For people who say that Democrats— that depended on their savings, their cans received a reduction in their taxes and I am a Democrat—never liked tax retirement accounts, $17 trillion in re- as a result of that, so that today the cuts, that’s just not true. The fact of tirement savings were lost during this amount of money collected from the the matter in the stimulus package, in period of time. American taxpayers is at a rate that is the American Recovery Act, we actu- You just compare that to the pre- as low as it was in the 1950s. ally have a third of the moneys go to vious 8 years of the Clinton adminis- There was also a major element of it tax cuts. But we put them to specific tration, when 22 million jobs were cre- that was called rebuilding America areas to help people get an education, ated during the Clinton administra- with clean energy jobs and with infra- to help them keep their homes, to help tion. The question arises, why? What structure. So 2.8 million jobs were en- them, encourage them to buy homes, was the difference? What happened acted. to keep the economy going. And so that caused during the last years of the I’m going to quickly go through today we have found in the newspaper George W. Bush administration the these others. I’ll come back to them that there is a 7.2 percent jump in

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5598 CONGRESSIONAL RECORD — HOUSE July 14, 2010 southern California home sales. And and research. It was a very big portion support congressional action to extend Orange County, out of any place in the of that. I’m going to come back a little unemployment benefits for jobless Nation, leads the way in selling homes, later to another piece of legislation workers. And The Washington Post putting homes on the market, getting that has passed this House, yet to pass agrees, stating in a recent article that new families excited to get into these the Senate. But with regard to the passing the extension of unemployment new homes. Yes, a lot of the people American Reinvestment and Recovery insurance is both the right thing to do that I represent have lost their homes. Act, once again, it was the Democrats and the fiscally prudent thing to do. Right next door to my home there’s a that carried the ball that shouldered I would like to quote The Washington foreclosure. And so it is difficult. the burden and passed and provided the Post editorial: ‘‘Drawing the deficit But in order to keep people in their votes. Not one Republican vote. line at additional unemployment bene- homes, we’ve also passed legislation You mentioned the home-buying sit- fits is shortsighted, because, if any- that would help modify some of those uation in Orange County. The first- thing, the economy could benefit from home loans so that people would actu- time home buyer credit, I think it’s more stimulus spending, not less. Un- ally get a chance to stay in their $6,000, was made available through a employment benefits, which are most homes. And if they did have to leave piece of legislation that once again was apt to be immediately plowed back their home before we could get some- pushed forward by the Democrats in into the economy, are about the most body else in to buy that home, we also this House and over in the Senate. And stimulative form of spending. Extend- passed funds to help cities, for exam- 93 percent of the Republicans on this ing them is both fiscally sensible and ple, $10 million and $6 million to the floor voted against that provision that morally decent. cities of Santa Ana and Anaheim that gives first-time home buyers that addi- ‘‘Unemployment benefits . . . are an I represent, to make sure that homes tional money that they needed for that essential lifeline. The Senate needs to were taken care of as we transitioned down payment so they could buy that extend them.’’ them from one family or person to the home. In fact, the analysis from the non- next. partisan Congressional Budget Office b 1700 So we have actually passed quite a suggests that extending unemployment few pieces of legislation that have It goes on and on and on. One of the benefits is one of the most cost-effec- helped the housing market. And in issues that confronts us, since we’re tive and fast-acting ways to stimulate helping the housing market, this is be- not back where we need to be with our our economy. It’s not just the CBO. ginning to create some of the jobs that employment, is the unemployment in- Many economists agree that extending we see, especially in Orange County. surance situation. these benefits decreases the chances of So I’m so glad that my colleague has Now, representing a part of the Na- slipping back into a double-dip reces- taken this hour to talk a little bit tion that has been really harmed by sion. about how, slowly, we are beginning to the loss of manufacturing jobs is the As a matter of fact, I have here from come back and the effects of that very Ohio Valley region. Representative Mark Zandi, chief economist at important piece of legislation we CHARLIE WILSON is from the Youngs- Moody’s Analytics, a former economist passed a year ago, the American Recov- town area, and I invite him here to to Senator JOHN MCCAIN, who says for ery and Reinvestment Act, and the ad- talk to us about his situation in the every dollar that is invested in unem- ditional pieces that we have passed to Ohio Valley and the Youngstown re- ployment insurance $1.61 is pumped help. gion. Welcome. Thank you. back into the American economy. I Mr. GARAMENDI. So thank you so Mr. WILSON of Ohio. Thank you for hope that all of us can see the need for very much for talking about down convening this important discussion extending these unemployment bene- home and what’s going on there. about our economy and our need to I will note that the American Recov- fits and move quickly to get our people create jobs. I appreciate both of my ery and Reinvestment Act, which the voted back to be able to have the Sen- colleagues from the California area and economists suggest has created 2.8 mil- ate do the right thing and pass unem- say that I represent the Ohio River lion jobs, provided the largest middle ployment. Valley area that runs from Youngs- class tax cut ever, and also did the in- Mr. GARAMENDI. Thank you very, town down through Steubenville, Ath- frastructure—streets, roads, sanitation very much for the view from the great ens, Marietta-Athens, and on down. So facilities—and renewable green energy Ohio Valley. programs. Not one Republican voted it’s all along the Ohio River where we Before we started this 1 hour, you for that. have had for many years and genera- and I were chatting off the floor, and Ms. LORETTA SANCHEZ of Cali- tions steel workers and people that you raised another point and maybe fornia. Absolutely. And if my colleague have helped to move this economy and the two of us can kind of talk about will just give me a little bit more time, our country forward. this for a second. I will say to him, we have felt that in But by July 17 over 112,000 people in We’re really faced with a choice. Orange County, $2.2 billion for the first the State of Ohio will lose their unem- First of all, this is unemployment in- piece of the high speed rail that will ployment benefits. This is due to the surance. This has always been a pro- connect Anaheim all the way up to San Senate’s inaction to extend unemploy- gram in which over time employers pay Francisco, to your area, that $2.2 bil- ment benefits which contribute to the into a fund for insurance if their work- lion given to the Anaheim/Los Angeles important every-day expenses like payers become unemployed. Because of the portion of that high-speed rail. ing your mortgage, health care bills, downturn in the economy, the Federal So looking to the future, other pieces utility bills, and cost of food where Government has had to backstop that of that legislation—research in the there isn’t a paycheck coming in. The insurance program. Presumably over greening of America, research in new American people are hurting, and they time, we get the economy going, some technologies for energy independence, want to work. Until we can get every- of that will be refunded. I know it cer- and also research and to change over one who wants a job working again, I tainly will be at the State level be- our hospitals to electronic filing rather believe that it is important that we cause the States are obligated to make than to have paperwork being shuffled continue to support unemployment in- it back up. between doctors. So it carried a lot of surance. But with regard to the individuals in- future-looking pieces. On July 1, I was proud to vote in volved here, their unemployment in- And, of course, when you look at in- favor of the House-passed legislation to surance has run out. They have not renovation, that is what California is extend unemployment benefits for mil- ceived a check now I think for the last about. That is what is going to lead us lions of American families. This 6- 2 weeks. If this is not extended, what out of a bad economy, and that is what month extension of benefits will not happens to them? we will, in fact, sell to the rest of the only help families looking for work, Mr. WILSON of Ohio. Well, it is sad world after we establish those new but it is a proven fact that it will boost because what will happen is they will areas of innovation. our economy also. go down to the welfare level. They have Mr. GARAMENDI. I thank you for In a recent Washington Post/ABC to be able to have food and some way bringing up the question of innovation News poll, more than 6 in 10 Americans to be able to survive, and I think it is

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5599 the biggest part of cruelty and, sec- wealth and assets from March of 2007 to I mentioned the American Recovery ondly, I believe that the States are al- February of 2009, you begin to see why and Reinvestment Act. We talked ready scraping by with just not having Americans are so frustrated with these about the Worker, Homeownership, and the proper funding that they need. So circumstances, and while this adminis- Business Assistance Act; First Time to push this down to the State level tration under Barack Obama has cre- Homebuyers. The gentleman from Con- would be catastrophic for a State like ated 6 million new jobs, the frustration necticut talked briefly about insurance Ohio. remains amongst the American people. reform, the way in which the insurance Mr. GARAMENDI. And a person that In the midst of all of this, to deny system discriminates against women, was working, was receiving insurance, unemployment benefits to those who against people who have preexisting is now going to be on welfare. are most in need, especially as the gen- conditions. That insurance reform was Mr. WILSON of Ohio. That’s correct. tleman from Ohio has pointed out when embodied in the Health Insurance Re- Mr. GARAMENDI. So there is no win we know that every dollar we spend in form Act that passed this floor and not in this, and once again, where’s the unemployment benefits creates $1.61 in one Republican voted for it. There will Senate? I know what happened in this the economy because the need is there be a day of reckoning when somebody House. The Democrats almost univer- to spend. out there says, My 23-year-old daugh- sally voted for this. We were able to Franklin Delano Roosevelt said it ter can stay on insurance now because get 29 Republicans to vote for this un- best about our colleagues on the other the Democrats and President Obama employment insurance program, and side of the aisle. They are frozen in the passed the Health Insurance Reform only 29 Republicans did so. We were ice of their own indifference; frozen in Act. able to pass it; 153 Republicans voted the ice of their indifference to people Student aid. We talked about that a ‘‘no.’’ who are without work; frozen in their moment ago. It is extremely impor- So what’s the sense of all this? It icy indifference between the need to in- tant, so that adults can go on to really raises the question in my mind vest in America and make things here school, can stay there, improve their because as we go through these bills in America and put this country back employability, learn new skills; and as that have been passed from this House, to work; frozen in an indifference that the economy is coming back, will be some of which have been signed into has them preoccupied politically and able to get a job. law, passed the Senate, signed into law, obsessed with blocking every item of This one I found to be personally the Republicans universally vote ‘‘no’’ the Obama agenda, even if it means very upsetting because my old clunker on these jobs bills and even on unem- providing unemployment to those who didn’t qualify. I actually did not reg- ployment insurance. I don’t quite get need it, even if it means providing ister it in California. By the time you it. We were talking earlier about the health care to those who have had passed this, I wasn’t here. It wasn’t workers, the first-time homeowner their policies rescinded or have found registered and I couldn’t get rid of my buyers, tax relief for small businesses, themselves in a situation because of a clunker. But 700,000 cars were sold as a emergency relief for American fami- preexisting condition where they were direct result of the clunker law and it lies. That bill passed here with only 7 denied coverage. really did help American automobile percent of Republicans voting ‘‘yes’’ This is the kind of thing that has manufacturing. I know that a lot of and 93 voting ‘‘no.’’ frustrated Americans. I am proud to be people say that Toyota got more than Even on student aid, we’re talking associated with the gentlemen who its share, and it did, but a lot of that about men and women that want to go have come to this floor this evening to share were Corollas that were manufac- back to school, that want to be able to speak out on behalf of their constitu- tured in Fremont, California; Toyotas continue their education, and one of ents, speak out on behalf of the admin- to be sure, but nonetheless they were the most important ways to stimulate istration, and point down the Hall manufactured in California. We talked about the HIRE Act. Inci- the future economy is to have a well- where they need to come and work. dentally, 95 percent of Republicans educated workforce; but in that case, More than 314 bills that have passed voted against the Cash for Clunkers that particular piece of legislation that the House of Representatives have gone law. The Hiring Incentives to Restore passed this House would have increased unattended to down in the United Employment Act, the HIRE Act, cre- the Pell Grants so that kids and adults States Senate and, most importantly, ated 300,000 jobs. Created. Not some could afford to go to school. What did including unemployment benefits. Stay in over the weekend. Do your wish list but actually created 300,000 the Republicans do? Not one Repub- work. Put America back to work. Pro- jobs and unleashed billions of dollars of lican voted for student aid to help stu- vide those with the benefits that need infrastructure across the United dents go to school, to continue in them so that we can keep this economy States—streets, roads, sanitation fa- school. going and so that we can restore the cilities. Cut taxes for businesses that I’m curious what’s going on here. I faith in the American people and their hire new workers that had been unem- just noticed that my colleague from government. ployed and cracked down on offshore Connecticut has arrived here, JOHN I thank the gentleman from Cali- tax havens. LARSON. Maybe you can answer this or fornia for organizing this important Oh, this one I love. I’m going to come just tell us what is going on in Con- hour on this very timely and important back to this one. necticut. issue and thank the gentleman from Again, 97 percent of Republicans Mr. LARSON of Connecticut. First of Ohio for joining him. voted against that program. Three all, let me thank the gentleman from hundred thousand jobs. They voted b 1710 California for organizing this hour, against it. What are you guys doing? along with the gentlelady from Cali- Mr. GARAMENDI. Mr. LARSON, We need to put people to work. fornia (Ms. LORETTA SANCHEZ), and I thank you so very much. You’ve Finally, one that most of the Repub- want to associate myself with the re- brought a great deal of passion to this. lican leadership opposed, eventually it marks of the gentleman from Ohio and I know it’s in your heart. I know that did become law and many, many Re- join with you, well, frankly, out of you see this problem in your own dis- publicans voted against this one, which frustration in terms of the kind of op- trict among friends and others who are was the Credit Cardholders’ Bill of position that we’re seeing in the there. Rights. Which one of us has not been United States Senate on an issue that’s I want to turn back to my colleagues ripped off by some credit card scheme so important to people who, through no from Ohio and California in a moment. or scam? But this really gives those of fault of their own, have found them- I said there were seven pieces of legis- us that have credit cards—and I’ve got selves in a situation where they are un- lation that have passed and have been more than I’d like to say in my pocket employed. signed into law. I’m going to go right now—gives us at least a little bit I think during this Bush recession as through them quickly because in their of an equal footing here on that. we persevere through the Bush wars own way each one of these has created So here are seven bills, all of them in and the Bush financial collapse, when economic growth and jobs here in Cali- one way or another providing in this unemployment has hit this country fornia, in Ohio and in other States case credit, the opportunity to get rea- hard, when America loses $17 trillion in across the Nation. sonable credit; hire people; cash for

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5600 CONGRESSIONAL RECORD — HOUSE July 14, 2010 clunkers, education; health care and surance program, to identify priorities is one of small business’s biggest chal- other kinds of stimulus. Democrats in essential to reform and ongoing stable lenges. For small firms to play their this side took it upon themselves to functioning of the program, and for job-creation role, they need the right shoulder the burden, to pass the legis- other purposes, which was referred to tools to work with, and without the ac- lation necessary to put people to work. the House Calendar and ordered to be cess to capital, small businesses have a My final point before I turn back to printed. tough time staying afloat. According my colleagues is that the argument f to the SBA, without access to afford- that I keep hearing is that it will raise able credit, small enterprises are twice A DISCUSSION ABOUT JOBS— the deficit. Yes. But we ought to under- as likely to fail compared to businesses Continued stand where the deficit really came that can find credit. They must be able from, and we’ll go through that. The The SPEAKER pro tempore (Ms. to access capital to be able to get their deficit was really created as a result of FUDGE). The Chair recognizes the gen- new venture off the ground or expand three things. Keep in mind that when tleman from California. their operations. Clinton left office, this Nation was in a Mr. GARAMENDI. Please continue. Given how tight credit markets are, surplus. We were running a surplus of Ms. LORETTA SANCHEZ of Cali- that is a challenge that every business over half a trillion dollars. George W. fornia. As I was saying, there are four in every community is encountering. basic things that you can do to in- Bush came in and did three things that That is why Congress has taken steps crease the productivity of your people, created as he left office for the next 10 to address these problems. to increase innovation, if you will, of years, an $11 trillion deficit: Legislation that Congress passed in One, he started two wars, Iraq and our Nation. The first is to educate your February strengthened the SBA lend- Afghanistan, and didn’t pay for them; people. We have been putting money ing programs and made them even really the first time in American his- into that, including the GI Bill that we more usable for small business. This tory. Secondly, he started Medicare passed over a year ago. Health. If your important new law does a number of part D, the drug benefit, I think 700 to workers aren’t healthy, they can’t go things to help small business. It pro- $800 billion in 10 years, not paid for. to work. So the health care reform. In- vides interest-free loans of $35,000, giv- And thirdly the great recession with credibly important. Transportation. ing that shot in the arm, the imme- the financial collapse. Those three How do you move people and goods? diate cash to cover existing business things added up, beginning the day That was part of the Recovery Act, obligations. that Obama took office, he was handed when we said, let’s build high speed It makes it easier for small business a $1.3 trillion debt, given to him by the rail; when we said, let’s put in systems owners to get small business SBA Bush administration. And if you look of water and sanitation that work for loans, and that is cutting away much at the years out, continuing the Bush our people. And, number four, commu- of the redtape. So many people have policy, that would add up to an $11 tril- nication, investing in innovation and stayed away from SBA because of the lion deficit. communication for people; in redtape that has been cut back signifi- We’ve got to put people to work. The broadband that we’ve been putting cantly or eliminated in many cases. question that I always ask is, do you across our Nation. This will reduce the cost of loans. It So that is the way we increase the want tax takers, welfare recipients, helps small firms raise equity and cap- productivity of our people. I have to who cannot get a job, cannot get unem- ital. In total, the new law will generate say that on this side, on the Demo- ployment insurance, or do you want $21 billion in new lending and invest- cratic side, even though people have taxpayers? The Democratic House has ment for small business. been saying that we have been deficit voted consistently to put people to These programs, when paired with spending, I say to them, anytime that work so that they could become tax- existing programs at the Small Busi- you can invest in the American people, payers. ness Administration, will help business Ms. LORETTA SANCHEZ of Cali- the American people will pay you back to continue and America’s small busi- fornia. If the gentleman will yield just four or five or tenfold on that invest- ness weather the storm and lead us for a minute, when we as Democrats ment. back to prosperity. look at what is it that we can do, if we b 1720 In addition, I support the Small Busi- are going to spend money, we should So I am again proud to stand here ness Lending Funding Act. The bill spend money to invest in America. with you and talk about the accom- would boost funding to small business There are four major things in Eco- plishments of this Congress. by investing capital in community and nomics 101, or any other book you read Mr. GARAMENDI. Let’s turn to Ohio, smaller banks. The more that partici- on economics, that will tell you how to and we will continue on with the story pating banks increase their total loans increase the productivity and the inno- of jobs and what it means in our local to small business, the more favorable vation of a nation, because that is how districts. the terms become. we compete, by increasing the produc- Mr. WILSON of Ohio. In addition to Finally, I also support the Small tivity of Americans. The first is, you supporting those that are out of work Business Jobs Tax Relief Act. It is a have to have an educated workforce. with unemployment benefits, we need companion measure to the Small Busi- Some of the bills that my colleagues to support small business so that they ness Lending Fund that will help small mentioned are about education, edu- can create more job opportunities for business grow and create new jobs cation, education. our workforce. through, number one, 100 percent ex- Mr. GARAMENDI. Excuse me. If I Why aren’t small businesses hiring? clusive of small business capital gains, might interrupt, there is some House On NPR this morning, one small busi- small business penalty relief and in- business that needs to be attended to. I ness owner said it as clearly as anyone creased deductions for startup expendi- notice our colleague arriving from the can say: Small businesses are not hir- tures. Rules Committee to take care of some ing because they don’t have to. We Again, I would like to thank Con- House business. need to create an economic environ- gressman GARAMENDI of California for f ment that makes it necessary for small convening this session, and I am happy business to hire. to be with you and share with you REPORT ON RESOLUTION PRO- As we all know, 60 to 80 percent of some of the problems and issues and so- VIDING FOR CONSIDERATION OF the new jobs come from small busi- lutions we have in Ohio. H.R. 5114, FLOOD INSURANCE RE- nesses. Most Americans get their first Mr. GARAMENDI. I thank you so FORM PRIORITIES ACT OF 2010 jobs at a small business. I know I did. very, very much for raising the critical Mr. ARCURI, from the Committee on And the small businesses on Main role of small business in creating jobs. Rules, submitted a privileged report Street are the ones that will lead our It is where many of the jobs are cre- (Rept. No. 111–537) on the resolution (H. economic comeback, not the big busi- ated, as you so correctly stated. Res. 1517) providing for consideration nesses on Wall Street. You also referred to two bills that of the bill (H.R. 5114) to extend the au- So what can we do here in Congress passed this House, H.R. 5297, which was thorization for the national flood in- to help small business? Access to credit the small business lending program,

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5601 and it did all of the things you said. sistance such as tax credits, and I want is not a what-if. That is my daughter’s There is actually $30 billion in that to come to that in a few moments. classroom. She is a teacher, first grade. that would be available to community So when that bill was on the floor, She has gone from 20 to 30. banks to deliver loans to small busi- what happened? Where do you stand? The economy is down. The State of nesses, $30 billion made available to Do you stand with homeowners and California is in financial trouble. The them. small businesses such as I just de- Federal Government has the ability to There is also a requirement that they scribed, or are you standing for Wall help here, to keep people employed, would have 10 years to pay back those Street? teachers in this case, others in schools, funds. So it would go on the books of Well, let’s find out. Ninety-three per- and, more importantly, make the most the bank as a loan, but it would be a cent of the Republicans on this floor fundamental investment, which is the long-term loan so that they would have voted against the HOME STAR energy investment in the education of our the capital. I am told by the small program. I don’t get it. I don’t get it. children. businesses in our area that they were We are saving energy, helping us con- You may be seeing something like able to get $1 million of capital, which sume less energy, giving people an op- that in Ohio. I know it is a major prob- this provided up to $30 billion to small portunity to work and homeowners an lem all across this Nation. banks. If they could get $1 million of opportunity to reduce their energy bill. Mr. WILSON of Ohio. We are seeing capital, they could then make $10 mil- I don’t know what that means in that in Ohio, and we are working on lion of loans. So there is that kind of Ohio, but I do know what it means in our education. We are trying more leverage involved here. California. It is a chance for a small than ever to get the reading programs That bill passed this House with 98 contractor to change his business going as best we can. percent of the Republicans voting no. model and to move in a direction that What we found out, Congressman, is Now, I don’t know how many times I is good for him, good for the home- that when a child can read and com- have sat here on the floor and listened owner, and good for America. prehend, the science and math scores to our colleagues on the Republican Mr. WILSON of Ohio. I believe that go up and the discipline problems go side of the aisle talk about their sup- we have seen examples of this back in down. So the education and the devel- port for small businesses. But here my district in Ohio also. We have seen opment and work that we have going where they had a concrete chance to a roofing company that we just visited on in the State of Ohio is something help community banks and small busi- last week, and they have come up with that our governor has been very firm nesses, 98 percent of them voted no. a new type of roof that is a green roof about, and is not giving up the fight for You mentioned the small business that actually has vegetation growing a better education for our children. tax incentive program, $3.5 billion of on it. It not only keeps the inside of Mr. GARAMENDI. Well, these things tax incentives for small businesses to the building cooler, but it is much are critically important. specifically help small businesses more pleasant to look at. One more bill that I want to take up weather the storm. It also granted tax Another option they had was a white before I turn to what we can do next is relief from penalties that they may roof instead of a second, and I was a bill that dealt with the fundamental have had from mistakes that were amazed. With that white roof, Con- reason that the American economy made in the past. Again, a bill specifi- gressman, you could hold your hand crashed in 2007–8, and that was the cally designed to help small businesses. out like this and just feel the heat re- meltdown of Wall Street. Ninety-seven percent of our Repub- flecting back off that roof versus going b 1730 lican colleagues voted no on that. So into the building. These are the type of don’t come to the floor and say you are energy efficiencies that we are going to The extraordinary greed, the games for small businesses when you had a have to look at as we move forward in that were being played, the gamble chance to vote for legislation that our country to become the leader that was being made with our money would specifically help small busi- again. by Wall Street led to the collapse. Ob- nesses. Mr. GARAMENDI. These are the viously, the housing industry, the There is another one that just came kinds of jobs that really don’t require a subprime mortgage market, the to me. We actually passed it and it is a Ph.D. People can take these jobs that collateralized debt obligations, the de- good bill, it is important for many rea- were working on the line in a manufac- rivatives, all of those games were being sons. But I got a phone call last Satur- turing industry or working in the hous- played on Wall Street. For more than a day from a friend who was—‘‘was’’ is ing industry. They may already have year—almost 2 years now—this House, the right word—was a home builder in some skills that are available to them. the Democrats, have fought to rein in California. He built many homes, high But there is an enormous, enormous Wall Street; to force Wall Street to op- quality homes, was deeply involved in potential here. And the other pieces of erate with rigorous rules that hold making those homes as green as pos- legislation provide for a tax credit to them accountable and responsible. We sible, large energy conservation in the homeowner to put in these sys- finally succeeded late last year to pass solar and the like. tems. So we need to really move along a Wall Street Reform Act. It went over He said, JOHN, you have got to make on these kinds of things. to the Senate. It took almost 9 months sure that the HOME STAR programs I am going to just run through an- for the Senate to gestate a bill. Con- that provide an incentive for home- other series of bills here that are very ference committee took place. The con- owners to upgrade their home so that important to us, I believe. Again, this ferees met. The bill came to this floor. they can install triple pane windows, is the Jobs For Main Street Act that And we added a few provisions to the— insulation, the cash for caulker things. creates jobs for firefighters, for teach- the bill came to the floor and it passed They are really important, because it ers, and to rebuild highways and the with provisions that were added during gives the homeowner a chance to re- like, extending health care benefits for the conference committee. A good bill. duce their annual energy bill, whether those who had lost their insurance be- It does rein in Wall Street, does set it is heating in the winter or air condi- cause of the downturn, something as clear rules. It makes it impossible for a tioning in the summer. sensible as keeping teachers employed, bank to fail and for taxpayers to bail He said, beside that, it is my new something as sensible as making sure out a bank—a big bank. There are business. It is my new business. I am that firefighters are still there. things in it that went beyond that. not building homes for a while because Yes, it is the Federal Government Providing opportunities for small of the market in the area in which he helping local governments. It is true. banks. Some of the additional benefit was working, but he said I am going to And it is a deficit issue. But what if we to small banks. They were given a existing homes and giving them the don’t have teachers? What if there are break so that the heavy-duty regula- chance to make their homes energy ef- teachers being laid off and the class- tions that were imposed on the major ficient. I can make some money, they room size goes from 20 to 30? What banks were not imposed on the small will make some money. about the next generation’s ability to banks. There are other programs that are compete internationally, their edu- Where do you stand? Do you stand to out there that provide additional as- cational opportunities are stifled? That rein in Wall Street and finally bring to

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Do b 1740 you stand with that kind of regulation nancial reform, Wall Street reform, or do you stand with the Wall Street there was a provision, and in another I think we’ve got about 10 minutes bankers that said say, Oh, trust us. bill that we passed earlier there was a left, and I just noticed a colleague from We’ll never do it again. provision that is extraordinarily im- the great Midwest just arrived. Con- The Democrats in this House carried portant to the American worker. In ex- gresswoman KAPTUR, thank you so the burden of reining in Wall Street, isting law today and for the last couple very much for joining us. I know you setting in place the regulations, set- of decades there’s been a tax break for and I have had conversations about ting in place the rules of the road going corporations who offshore jobs—a tax jobs, and I know that your part of the forward, hopefully preventing, and I break that literally gives a tax reduc- country used to be manufacturing cen- think will prevent, the kind of melt- tion when an American corporation ter one. I guess the two of you can de- down that we had. Our colleagues on sends jobs offshore. bate that. But let’s talk about these the Republican side to a person voted You say, Excuse me, did I hear what kinds of things. How do we restore ‘‘no’’ when it came time to discipline you said, Congressman? You did hear American manufacturing? Wall Street. They voted ‘‘no’’ when it what I said. What I said is, in the law Ms. KAPTUR. Well, Congressman came time to discipline Wall Street. today there is a tax break for sending GARAMENDI, I just want to say I thank You know where you stand when you jobs offshore. We have twice passed on you so very much. You are from the vote here in this House. In this case, do this floor legislation that would end State of California, a State that’s you stand with the regulation of Wall that tax break and annually restore to about four times as large as ours, Street or let them continue doing what the American Treasury $14.5 billion maybe five, with 53 million people. We they did? It’s clear where we stood as that now sits in the popular corpora- have over 11 million people in Ohio, but Democrats. tions that have offshored American we are a State that has had to grow our Now, Representative WILSON, would jobs. Must stop. It’s got to be over. The way forward, to build our way forward you like to add to that? Republicans voted with the corpora- for so many generations. We really Mr. WILSON of Ohio. Yes, I would. tions to keep that tax break in place. aren’t federally dependent in the sense Thank you. I believe that the other I’m not there. And I suspect you’re not that we don’t have gigantic bases. We thing that needs to be said here, too, is there, Mr. WILSON, either. do have Wright-Patterson Air Force Democrats stood strong for financial So we need to make sure that that Base in the city of Columbus, our cap- reform by making sure that we never bill that’s sitting over there in the ital. But the rest of Ohio has to either get in the position where the taxpayers Senate where the power of one senator mine—and Congressman WILSON comes have to bail out a bank again. There’s can simply stop everything, that it is from a part of our State that actually no such thing as too big to fail any- busted loose and comes back so that supplies so much of the coal that is more. There are further amounts I corporations—American corporations— shipped to our region and others. We would like to have seen done. But in no longer get a tax break when they either have to grow in regions like order to get it through, we had to send American jobs overseas. Issue one. mine—I represent a major agricultural lighten up some—— Let’s get with it, Senate. region that abuts Lake Erie’s southern Mr. GARAMENDI. A compromise. Secondly, this one really drives me shore—or we have to manufacture. We Mr. WILSON of Ohio. Yes, some com- crazy because this is really California. don’t really have any choice. So we promise. But that being said, I truly We’ve got solar in California. We start- have to create wealth, basically. believe that now we have taken the ed that in California. In 1978, I passed a And what’s been happening over our risk away from the taxpayers having to law as a California State Senator that country for many decades now is that pay for really the reckless gambling gave a tax break for the solar industry. we are amassing trillion-dollar trade and things that went on with the de- The first in the Nation. And it started deficits every year, which means all rivatives and how they accounted for the solar industry. It also started the that spending benefits someplace else. them and how they were able to be ma- wind turbine industry in California. Ten percent of the goods that are ex- nipulated. And really oversight is now Right now, we’re spending about $5 bil- ported from China go to one company— on Wall Street—and it needed to be lion a year of tax money on buses; we Wal-Mart. They are a bazaar for Chi- there all along. I truly believe we spend billions of dollars supporting the nese goods. would have not had the meltdown we solar industry with tax credits, some of We look at what you have pictures of had had it been there in the first place. which we’ve talked about; and the wind up there, vehicles and wind turbines. I It is there now, and it will continue to industry. We need, in my view, a law was just through a part of my district help us in the future. that says if it’s our tax money, then it where wind turbines are going up now. Mr. GARAMENDI. I was back in the will be made in America. It will be We’d like to manufacture them as well district over the Fourth of July week used to buy American-made buses, as deploy them. And we are the solar and somebody said, Well, it’s kind of trains, light rail. It’ll be used to pay capital of the Midwest—Toledo, Ohio, like an NFL football game. I said, for solar panels and tax credits on the and northern Ohio. We are one of three What do you mean by that? He said, homes of Americans; panels and equip- centers on the continent, actually. Well, you used to play football at the ment that are made in America. It is, People don’t realize that we’ve built University of California Berkley and after all, our tax money. And with the that off of our glass industry, and it is you could have been in the NFL but windmills or the wind turbines. a new age for us. In fact, the largest you decided to go in the Peace Corps. I In my district, we have two of the solar field in Ohio was just dedicated in said, Yeah, it was a good decision. But biggest wind farm areas in the Nation. Upper Sandusky recently, and I have what’s the point here? He said, Well, We’ve got the Montezuma Hills in So- bases in my district—smaller bases, you know, this Wall Street bunch, be- lano County, which I represent, and we like the F–16 Fighter Wing and the fore your reform, it was like an NFL have the Altamont Pass area in Ala- 983rd Engineer Battalion and our Camp football game without any rules, and meda, and San Joaquin County. Many Perry—that have deployed solar fields. the referees were sent into the locker of the new turbines that are being put So we are trying to move our region room. And you can kind of imagine up are made overseas—and most of into the new energy era, but it’s tough. what the outcome would be. Wild chaos them are made in China. And I’m It’s really tough because we are on and a lot of mayhem. He said, That’s going, Wait a minute. We’re giving such an unlevel global playing field. exactly what happened on Wall Street. them a tax credit, those companies Other countries aren’t open to our The regulators during the Bush period that own these machines? We’re giving products. And there is no question that stepped out of the room. The rules were them a tax credit to buy turbines that unless we reduce that trade deficit and not there to prevent the kind of ex- are made where? China? No way, no stop outsourcing our jobs to China, cesses—if there were rules, there was how. There ought to be a law. And I be- Mexico, every other place in the world,

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5603 we are not going to be able to create a And, of course, the more that the Fed- minute. I thought I might start, strong middle class and maintain the eral Government is going to do, it is though, by going back a little bit to middle class that we have today. going to cost more. And the more that how did this economic problem come to So I want to commend you for doing it costs, the more regulations and all be. this Special Order tonight. We know that you have, the more laws that are b 1750 that our future lies in wealth creation, passed. And, inevitably, as the govern- and it has to come from places like ment does more, people have less free- And of course history just kind of Ohio that have to stand on their own dom. continues to go along. But if I had to two feet and pull themselves up by So there is some sort of a question, pick a point, this is kind of an inter- their bootstraps. well, you know, what should the Fed- esting one. This is September 11, but Mr. GARAMENDI. I thank you so eral Government do. So we’re going to it’s not 2001, it’s 2003, 2 years after the very much, Congresswoman KAPTUR, be talking in a way about that tonight attack on New York City, September for joining us. because it is the question of politics, 11, 2003. The heart and soul of America’s man- essentially. And of course the Demo- This is the New York Times, not ex- ufacturing sector was the Midwest, and crat position is—it’s almost like the actly a conservative oracle, is report- Ohio at one point was the strongest law of gravity, that wherever there’s a ing some news and this the news. It part of America’s manufacturing econ- problem, the answer always is more says that the Bush administration omy. I know it can be restored. And taxes and more government. The gov- today recommended the most signifi- right here in this area with the rolling ernment should fix that problem. cant regulatory overhaul in the hous- stock of America’s transportation sys- That’s what they think. And the Re- ing finance industry since the savings tem, with the new technologies, wheth- publicans always say, well, we want and loan crisis nearly a decade ago. er they’re wind or turbine, if we use less taxes and less government, and And it goes on to say that under the our tax money to support these indus- they tend to go that way. So we’re plan disclosed in the congressional tries rather than to support industries going to talk a little bit about that. hearing today a new agency would be that are located in China or other We’re also going to talk about sort of created within the Treasury Depart- countries, I think we can then provide a theoretical question that sometimes ment to assume supervision of Fannie the kind of strength that will return to I used to ask interns. We had an intern Mae and Freddie Mac. Why? Because America once again in the manufac- program. These are students that are they just lost about a billion dollars, in college and are just about to grad- turing sector. and they weren’t running their house We’re nearly out of time, and this uate from college. And I would ask very well. has been a great discussion. I just want them this question, and that is, Is it Now, Freddie and Fannie are not gov- to turn for a few moments to another possible for the government to steal? ernment organizations. They’re quasi- Can the government steal from people? colleague from California. We do think government. And when Freddie and And you’d see they’d get these quiz- that we are the biggest part of the Fannie started doing some wild and zical or puzzled looks on their faces. American economy. And a big part of it wooly things economically, the prob- Can the government steal? Well, what happens to be where Congresswoman lem was that the assumption was the does that mean? And you’d see them WATSON lives, which is the entertain- Federal Government would come and thinking, Well, I guess it’s impossible ment industry. bail them out. And so Freddie and because the government can kind of do Congresswoman WATSON, I think Fannie are getting out. This is 2003. anything they want and, therefore, the we’re out of time. Real estate market’s booming. government can’t steal. f President Bush says, watch out, Of course if you come to the conclu- Freddie and Fannie are getting in trou- THE GOVERNMENT, THE ECONOMY sion that the government can’t steal, ble. I need more authority as President AND JOBS then that means that you believe the to control Freddie and Fannie. Freddie The SPEAKER pro tempore. Under government owns everything. Do you and Fannie, paying many lobbyists up really believe that? Many people are the Speaker’s announced policy of Jan- here on the Hill, dishing out hundreds taught that in school. As they get uary 6, 2009, the gentleman from Mis- and hundreds of thousands of dollars, older, as they work hard for a living, souri (Mr. AKIN) is recognized for 60 thousand dollar bills, just passing them they start to take a different perspec- minutes as the designee of the minor- out all over here. So there’s Freddie tive. They worked hard for that dollar ity leader. and Fannie. They’re starting to get in bill, and they’re not so sure they want Mr. AKIN. Madam Speaker, it’s a trouble. President Bush says we’ve got the government to confiscate it. treat to be able to join you this Anyway, we are going to be talking a to regulate them. evening to talk about the things that little bit about the conditions in our Now the Democrats, on the other are of great significance to our country economy and where we are. Why is it hand, the guy who is now in charge of and to every individual citizen that that we have a problem with jobs? Why taking care of regulating Freddie and lives in America. I thought that as we is the economy flat on its back? Why Fannie because he’s in the majority got into the subject of where things are do we have a sense that things are not now, this is Congressman FRANK, the with jobs and the economy tonight I well in America? And there are some Democrat, he says, these two entities, might start by introducing it in a little answers to those questions. It’s not Freddie and Fannie, are not facing any different way than we do sometimes complicated. We simply look to the kind of financial crisis. here on the floor, and what I’m going people who have gone before us and see Well, that’s interesting. We, of to be talking about tonight really is what those are. course, 20/20 hindsight we say, well, ob- the fact that there is this fundamental I am joined here this evening by a viously you were wrong. I’m sure he difference between Republicans and new Member of Congress, a young man would admit he was wrong. They were Democrats. And most of the fighting that shows tremendous promise and is facing a financial crisis. And as and argument comes really in the an- joining us here on the floor tonight Freddie and Fannie start to crash and swer to just one question. It’s kind of a from Georgia. Georgia seems to be a collapse, we start to see the recession really simple thing. And the question good State for growing congressmen. that’s upon us. And so that was a piece is this: What should the Federal Gov- And my good friend Congressman of it. ernment do? That’s really what divides GRAVES is joining me on the floor here Now, Freddie and Fannie, their whole us. That’s what makes all the people tonight from the State of Georgia. We concept was that we’re going to require here in this Chamber disagree with are here early enough that it may be banks to make loans to people who each other, and sometimes even scream that even some of your constituents really can’t afford to pay the loans. and yell, but at least respectfully dis- will have a chance to say, Hey, that’s Now, how that’s compassionate I’m not agree with each other, because we have my guy. We sent him to Congress, and so sure because I wouldn’t want to be a fundamentally different idea of what he’s doing a great job. in debt to some loan for my home that the Federal Government should do. Welcome, Congressman, and we are I couldn’t afford to pay the mortgage That’s a huge part of what we discuss. going to get into things here in just a payments on.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5604 CONGRESSIONAL RECORD — HOUSE July 14, 2010 But many people were encouraged to that’s our economy, how’s it going to But you have 17 million unemployed. take loans out on houses because get back on track. You have 27 million businesses, so the they’re going up in value so fast during And we’ve seen 15, 16 failed months of formula is simple. If just one business those years. You just go ahead and economic policy coming out of Wash- out of every three would hire one per- take the loan, postpone paying any in- ington, DC right here. And as I spent son in the next 12 months, unemploy- terest payments. Five years later turn my time on the recess, and I had the ment would be cut in half. And you the house over, you doubled your opportunity 31 individual times to know what? I didn’t say government. money. It sounded good for a while speak to various groups on those 12 Mr. AKIN. That’s pretty straight- until the music stopped, and then you days, I can tell you the economy is on forward. All you have to do is just cre- didn’t have a chair to sit in. And so we the tops of the minds of the people. ate one job per every three businesses, have the beginning of this financial Mr. AKIN. It sounds like the people and there’s no more unemployment. problem that was based on liberal so- from Georgia got their nickel’s worth Mr. GRAVES of Georgia. And we cial policy that said that banks have to out of their Congressman. Thirty-one didn’t say if government would hire loan money to people who can’t afford separate meetings? one more American. We said the pri- to pay those mortgages, and we’ll just Mr. GRAVES of Georgia. Thirty-one vate sector. So the question comes sort of sweep it under the carpet. separate addresses or speeches over 12 down to this, and this is probably what Well, then as the economy crashes, straight days. would be a great discussion tonight is, what happens? Well, we go back to the Mr. AKIN. I wouldn’t want to be your Why? Why are businesses in north same old mistake we’ve made in the car. Georgia and all across this Nation say- past. Unfortunately, with the stimulus Mr. GRAVES of Georgia. But I can ing, you know what? I’m not going to bill the Democrats didn’t learn from tell you, it’s the number one topic on hire somebody right now, even though their mistakes. I wish they would learn the minds of north Georgians, is how to I want to. I want to expend my busi- from other Democrats. They may not get this economy back on track. ness. I want to see my profits grow, my want to learn from Republicans, but at But what astonished Georgians so sales increase. I want to invest in cap- least learn from other Democrats. much was that just 4 days before July ital, but I’m not right now. This guy, Henry Morgenthau, is 4, the day of independence, the day of Mr. AKIN. Not going to do it. Hey, Franklin Delano Roosevelt’s Treasury celebrating independence from tyranny you know, I’d really like to pick up be- Secretary, and he’s the one that start- and bondage of years ago, 4 days before cause, as you said, there are people sit- ed with the recession which turned into that, $167 billion of indebtedness was ting around having dinner in America. the Great Depression because they did created on 1 day here because of the In fact, I’m a little hungry myself. I’m the wrong things. Federal Government. That’s the num- going to look forward to getting some So he says now, after 8 years—their bers, 1, 6 and 7, with 9 zeroes behind it, chow. But they’re sitting around there idea was that if you grab the loops of a phenomenal amount, nearly $1,500 per talking about the same things you and your boots and pull hard enough, you person here in the United States just I are talking about here tonight. can fly around the room. The idea is if on 1 day. And we’ve talked about one solution, the government spends enough money, Mr. AKIN. You’re saying $167 billion which was the government takes $800 it will make the economy do really of indebtedness just up to the time of billion. That’s what the Democrats did well. And so they tried it for 8 years. just before the 4th of July? with their stimulus bill, and they said, And this is his report to Congress. Mr. GRAVES of Georgia. No, just on if you don’t pass this stimulus bill, do He says, We have tried spending 1 day. That was June 30, June 30 of this you know what’s going to happen? We money. We’re spending more than year alone, which was more than the might get unemployment as high as 8 we’ve ever spent before, and it does not deficit of 2006 altogether. percent if you don’t pass this stimulus work. I wish they heard those words: And you look at the stated budget of bill. So the Republicans didn’t vote for ‘‘it does not work.’’ the State of Georgia, the annual budg- it, but they pushed it through anyway. I say, after 8 years of the administra- et is about $17 billion today. So almost Spent $800 billion. tion, we have just as much unemploy- 10 times the budget of the State of And it really wasn’t even good old ment as when we started, and an enor- Georgia for an entire year was bor- FDR, you know, ‘‘stimulus.’’ It wasn’t mous debt to boot. rowed in 1 day here for the Federal concrete to build hydro-plants or You want to know why we’ve got un- Government. roads. It was basically taking money employment? Because we haven’t Mr. AKIN. Wow, that’s a lot of bor- from one State, like in the State of, I learned from going back even to FDR’s rowing. don’t know about Georgia, but Mis- Treasury. This was Keynesian econom- Mr. GRAVES of Georgia. So Geor- souri, we’re fairly conservative and we ics. It says if the government hires a gians want to know how are we going have a balanced budget, and we’re not whole lot of people, spends a whole lot to get back on track. So I spent part of overspending. And yet you’ve got Illi- of money, it’s going to make the econ- my time this week on what I was call- nois or California, they’re overspending omy okay. But the trouble is, it ing my Economic Advisory Tour. We on the pensions of a lot of, like, teach- doesn’t work. decided we’re going to tear down the ers and things. So they take money I’d like to ask my good friend from walls that we see here in Washington away from our States, and I assume Georgia now, Congressman GRAVES, if where Washington is not listening to Georgia is probably a little bit more you would just join us. Let’s talk a lit- the constituents. Instead, we’re going cautious fiscally. They take money tle bit about this whole situation be- to open up communication. Instead of away from our constituents and send cause I don’t want to be just critical of Washington pushing down ideas on job them to the other States where the the Democrats. I will be critical of creation on the private sector, why governments have been out of control them, not because I don’t like them, don’t we get the ideas from the busi- spending. but because they’re wrong. Their eco- ness leaders themselves, the risk-tak- Well, anyway, so they get this idea. nomics are wrong. They’re doing the ers, the entrepreneurs, the ones that wrong thing. They’re hurting the have the vision and the dreams them- b 1800 American public. selves. Mr. GRAVES of Georgia. Wealth re- People are out of jobs, and what we And so we had a great tour this week. distribution. need to do is say, that’s not the right And we came up with a simple formula. Mr. AKIN. The old wealth redistribu- way to do it. But we have to have a We’re not that far away. In fact, we tion. The old socialism deal. So any- good solution. We have to offer some- have, what, in America, 17 million way it is $800 billion. And here is what thing constructive. Americans without a job, 27 million actually happened. This is putting peo- And let’s talk about that. I yield. businesses all throughout the Nation; ple back to work the big government, Mr. GRAVES of Georgia. It’s great to and we know all those businesses want Democrat way. Look what happens to join you tonight on this discussion. I to expand, succeed, have a profit be- the employment in the private sector. think it’s the number one discussion cause we believe profit’s a good word It’s this white line. So 2007, 8, 9, 10, you going on across America right now, and here in the Republican Caucus. see there is unemployment. And yet if

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5605 you take a look at the red line, that’s this is what’s going to happen. But we Where does the government get all its the Federal Government. It’s hiring all did pass the bill, and that’s what hap- money? Taxation. Did you talk about right. Instead of letting the businesses pened. Obviously, their economics that back in Georgia? keep some of their money and hire peo- don’t work. They don’t understand the Mr. GRAVES of Georgia. We did. And ple, instead they’re hiring government facts. I know we are moving to solutions workers. So that’s how it works. So where have we gone? Here is the here. Mr. GRAVES of Georgia. If I remem- picture right here. This is the nasty Mr. AKIN. Good. ber right, what, about 700,000 tem- little secret down here. You remember Mr. GRAVES of Georgia. It’s easy to porary workers for census data gath- hearing that they used to say that look back and sort of, I guess, bash the ering, which already a third of them George Bush spent too much money. policies of the last several months, but have been laid off. Mr. GRAVES of Georgia. Right. what’s important right now as a Nation Mr. AKIN. The trouble is really the Eight failed years, if I remember right. is looking for leadership. I mean there government can’t stimulate the econ- Mr. AKIN. See, those are these blue has been a lack of leadership coming omy. The whole assumption is silly, be- years, was George Bush. And then right out of Washington for some time now. cause all the government does is takes here was a Bush year, but this is when The Nation’s looking for leadership. money and spend it. But if you hire a Speaker PELOSI was in charge of Con- They’re looking for a vision. They’re government employee, does that create gress. So this was in a way, if you give looking for a plan. And what we have a job? The answer is no, because for Bush credit for when PELOSI was in discovered is it’s about certainty in the every one government employee you Congress, Congresswoman PELOSI, then marketplace. When the marketplace have two jobs you have lost from the this would be his worst year, which is has a little bit of certainty about private sector because you are sucking about $460 billion worth of deficit. what’s going to happen in the future, money out of the private sector. So That’s his worst year. that creates confidence. There is no when you have the government spend- The next year, 2009, was when Presi- confidence in the business marketing a lot, you take jobs away. That’s dent Obama and the Democrats ran ev- place. what’s going on. That’s why the jobs erything. Take a look at this jump. My So your first point up there is exces- are going. goodness, it’s a three times worse def- sive taxation. The one thing that is Mr. GRAVES of Georgia. If I could icit than the Republicans had run certain right now is that because of in- expand upon that, because you make under Bush, and Bush was spending too action right here in Congress because an interesting point. Because what I much money. And I agree we were of the Democrat leadership, taxes will have started to understand, just from spending too much money. And then go up this January of 2011. Capital talking to business owners, is that the the next year, 2010, it’s even worse. gains will rise. Dividend tax will rise. labor pool is a zero sum game. You are Mr. GRAVES of Georgia. So if you go Every income tax bracket will rise. either in the private sector or you are back to your other graph that talked The death tax will rise. The marriage in the government sector, one or the about employment and the growth of penalty will rise. All of those will rise. other. And so as the government sector employment, or I guess in our case So if we want to bring some confidence expands, you are actually drawing in- what we are talking about is the back to the marketplace, we would tellectual capital and wealth out of the growth of unemployment today, you make those tax cuts permanent, private sector all together and expand- would see it probably correlates with wouldn’t you think? ing the governmental sector. So the in- that deficit spending. Mr. AKIN. You are absolutely right. I verse of that would be if we want to Mr. AKIN. If you spend more money, think you are hitting a couple of dif- shift some intellectual capital and look what happens. You start to lose ferent points in this chart. The first wealth back to the private sector, we jobs. one I am talking about is excessive must shrink the governmental sector. Mr. GRAVES of Georgia. Yeah. taxation. But taxation also creates an Mr. AKIN. It’s one of those things, Mr. AKIN. Now, does that make economic uncertainty. And if you have it’s sort of an inevitable law. And you sense? Is that logical? Now, you know, got that lemonade stand and you don’t can’t just let the government continue I was talking to a bunch of people, too, know what’s going on, you think to grow and grow and grow, because as I went around my district. And you maybe a tornado is coming, or maybe eventually it takes over everything know, people make economics way too there is a tornado coming from Wash- like a cancer. complicated. I said, look, it’s not that ington, or whatever it is, what you are Mr. GRAVES of Georgia. I guess to complicated. It’s like a lemonade going to do is you are going to hunker illustrate that point even more clearly, stand. Just picture you run a lemonade down. In Missouri, we use the word let’s assume government is the solu- stand. It doesn’t have to be com- hunker down. I don’t know if there is a tion here. And we hear a lot of people plicated. And if you want a little busi- verb to hunker or not. say government’s the solution. So why ness, if it’s a lemonade stand or a ma- Mr. GRAVES of Georgia. You know, don’t we make every American a gov- chine shop or whatever it is, you want that’s a favorite Georgia Bulldogs ernment employee? Why wouldn’t we to make some jobs, you want to do statement. do that if everyone could have— some jobs, what you want is you have Mr. AKIN. Is it? Okay. Anyway, if Mr. AKIN. Don’t you go giving people got to allow the guy that owns it to you are talking about economic uncer- ideas here in D.C. Somebody will try make enough profit from it so that he tainty, if you don’t know what’s going and do that you know. will add another wing on it, and he is on as a businessman, what you are Mr. GRAVES of Georgia. But they going to sell tea mixed with lemonade, going to do is you are going to be very say that’s the solution, to expand gov- and then he is going to have peach lem- cautious, very conservative, and you ernment. That’s what creates jobs. So onade, and different things and dif- are not going to hire a bunch of extra why don’t we do that for everyone? ferent products, different people. So as people. Mr. AKIN. Of course, obviously, that he expands his business he hires more But let’s take a look at these job doesn’t work, does it? people. killers. Excessive taxation. Lets’s take Mr. GRAVES of Georgia. It doesn’t But in order to let him do that, first a look at what’s coming down the pike. work. Why? You are right. The answer of all he’s got to keep enough of his You have to be able to see. This is the then is the private sector. profit to be able to invest it back in his largest tax increase in history unless Mr. AKIN. This is what was promised business. I mean it’s isn’t complicated. Congress is going to act to deal with it. with the government bailout. You Don’t make economics so hard. And so First of all, for married people the know, we are going to do the stimulus I am sure you are talking to your con- standard deduction decreases if you are bill, $800 billion. And if you do the stituents. My constituents are nodding married. And then parents, you have a stimulus bill, these are the numbers their head up and down, yeah, I under- child tax credit, it will be cut in half the administration and the Democrats stand that. Not that complicated. from a thousand to 500 per kid. If you said—this is what’s going to happen to So if you want to know what’s going die this year and you have an estate, unemployment; it’s going to go down. to kill jobs, the first thing is excessive you pay nothing. Next year if you die, And if you don’t pass the bill, they said taxation. It’s just a killer to jobs. 55 percent tax on it.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5606 CONGRESSIONAL RECORD — HOUSE July 14, 2010 You are a small businessman. You on taxes and back off on government of containment domes. And here’s one. have gotten to be 80 years old. You got spending. It’s as simple as that. This is a containment dome. There’s your business all going, it’s really Mr. GRAVES of Georgia. So the solu- another containment dome, and it’s doing good. It’s actually a farm. It’s tions aren’t reform and takeover of not working either. It sure isn’t work- 1,000 acres with some big pieces of various industry in this Nation. In fact, ing. Take a look at the rate of the equipment. It’s worth $10 million, your it’s just the opposite, because in the 15 spending that we’ve been doing. And farm is. And you up and die this year, counties that I spoke to this week, the spending is always followed by, of and you pass that farm on to your son they said, Look, just get out of our course, a whole lot of taxation. and he runs it, no problem. Next year way. Let us once again be creative, And so the first thing is, if you want same thing happens, you got the nice come up with the ideas to dream and to to get this thing back on track, if you farm, got it all set up, you die, the gov- expand my business. But don’t put that want to do the opposite of job killers, ernment says, hey, taps your son on next regulation, don’t force health care you want to create jobs, then what you the shoulder, I need 55 percent. But he upon me. Don’t increase taxes right need to do is you want to cut your tax- says wait a minute. If I take half the now at all. Instead, let us, the business ation. This is one of those things I land of the farm then it doesn’t make owners, the entrepreneurs, the risk- started out by saying I wish the Demo- the thing work economically. I can’t takers, the ones who are willing to risk crats would learn from the other run the farm on half the land and half it all and work the hardest here and Democrats, and one of them they could the equipment. If I have to sell 55 per- put it all on the line, allow us to do learn from was JFK. JFK had a bad cent of it, you are going to put me out that without government interference. economy and he did the right thing. He of business. They say you don’t under- Mr. AKIN. This is kind of an amazing cut taxes. And when he cut taxes sig- stand. You owe the IRS 55 percent of chart. These are all different countries nificantly, guess what happened? More the cost of that farm. And so that all around the world down here, and jobs, stronger economy. small business closes down next year there’s a little green line there. And And the funny thing is—now this is this is the corporate tax rates. And this because of this policy. sort of odd. If you cut taxes, the Fed- Because what are we doing? Largest little green line happens to be the eral Government will actually take in tax increase in history. Take a look at United States. And the only one with more money in revenue than if you higher taxes on corporations is Japan. some of these tax increases. If you are didn’t tax it. Have you thought about And we wonder, gosh, we can’t under- paying 10 percent, you are going to be that? It’s almost counterintuitive. stand why we’ve lost jobs in this coun- paying 15 percent next year. Those who Mr. GRAVES of Georgia. Well, it ex- try. Well, we’ve got the second highest are paying 25 percent of what they plains exactly what we need to do. corporate tax rate going, not to men- earn, they are going to be paying 28 You’re right. It’s counterintuitive, but tion the taxes on individuals, as you’re percent. Those paying 28 are going to it works. Just as if that were to work, saying. go to 31. Those paying 33 are going to then the opposite must be true if you So we’re not doing the job. And part increased taxes. That means your rev- go to 36. Thirty-five is going to go 39. of the reason we’re doing all of this enue decreases. There is a great illus- Capital gains, dividends, death taxes. taxation, of course, is because we’re tration in the State of Georgia. All of this stuff is going up. spending too much money. Mr. GRAVES of Georgia. Now, if I re- Mr. GRAVES of Georgia. It seems They’re trying to increase the tobacco member right, a couple years ago we that there was a report put out by the tax in order to fill a budget hole. But heard a lot about hope, a lot about Heritage Foundation that indicated prior to that, the administration here change. Taxes were not going to go up that America is now classified for the had raised tobacco taxes. And as a re- on the middle class if I remember first time as ‘‘mostly free,’’ I believe, sult of the raise of tobacco taxes from right. But if I look at your charts, it’s given their ranking system. And that the Federal level, income of the State clear that the taxes are going to go up would be a great illustration. I don’t tobacco taxes had decreased by 20 per- on not just the middle class, but every think most Americans realize that cent. class. Everyone will pay taxes, regard- America is second highest in the world Mr. AKIN. So let’s do that again, be- less of where they are on the economic when it comes to corporate tax rates, cause these numbers are interesting. You’re saying Georgia basically did a spectrum whatsoever. And as a result, behind Japan, that all of these other little experiment along these lines. It businesses will not hire as many indi- nations that you have on this chart viduals because their taxes are going to have lower tax rates than the United was a specific tax on one product—that go up. And if businesses aren’t hiring States of America. And we wonder why is, tobacco—and they increased the tax individuals, unemployment continues jobs go overseas to other countries. on tobacco. to rise. Unemployment continues to Mr. AKIN. Right. And that’s the Mr. GRAVES of Georgia. They were rise, it impacts everyone throughout thing. People get really upset. In fact, proposing to increase the tax on to- this Nation. Again we are back in this the Democrats that were talking before bacco. Then they looked, and they crazy cycle. we came on tonight, they’re very upset looked at what had happened just prior Mr. AKIN. Same cycle again. So basi- that all of these jobs went overseas. to that. And it was the year before, and cally what you are saying is, let’s say And I’m thinking to myself, Well, it was the administration here that ac- that you don’t make hardly any money who’s pushing all of the jobs overseas? tually raised taxes on tobacco. And as at all. And so you are saying to your- You create an environment in America a result of that, the revenue for the self, hey, I am not making much that is hostile to business and the jobs State of Georgia actually declined 20 money, so I am not paying any income are going to go overseas. It is as inevi- percent. Without the State of Georgia taxes. So do I care? I like it if the taxes table as water running downhill. raising taxes, the Federal Government go up. And what do we do? We keep increas- raising taxes, but the State of Geor- ing taxes, increasing government gia’s taxes that they would normally b 1810 spending, and the smart executives and collect from tobacco actually declined Oh, no, you don’t, because what hap- corporations in America that have by 20 percent. This shows that when pens if you have excessive taxation? plants and facilities all over the world, you increase taxes, you actually—pro- You get no jobs. You know, you can’t they keep creating jobs. It’s just the ductivity or consumption, all of those just beat up on businesses, say all busi- jobs aren’t here. The jobs are going things, decrease and therefore it’s more nesses are bad and then complain there overseas because they’ve created such damaging to the economy. aren’t any jobs. So if we keep soaking a hostile environment that the jobs Mr. AKIN. I was trying to explain the owners of businesses with excessive aren’t going to be here. And how do that to some—because I give some of taxation, we’re going to have a prob- they make the environment hostile? these talks to my constituents, and lem with jobs. Well, first of all, by too much in taxes, one of the ways I try to explain it is So what the solution to these prob- and the second thing, of course, is too let’s say that you’re king for a day and lems is—we’re making it sound com- much spending. your job is to tax a loaf of bread and plicated. It shouldn’t be complicated. Here’s a containment dome. We’ve you want to get as much tax revenue as It’s simply that you’ve got to back off had some trouble with oil leaking out you can by taxing bread. And so you go

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5607 through this little exercise in your working hard, once again, dreaming Mr. AKIN. We are glad to have you, mind and say, I can tax the bread $10 a and not being dependent on the Federal too. We wish we had some more people loaf or one penny a loaf. If I taxed at Government to be the solution. who would vote along the lines of get- one penny a loaf, nobody would notice, Mr. AKIN. You’re absolutely right. I ting these jobs going and getting the and I would get a penny times all of like the idea of being positive. And the economy going. those loaves of bread. But if I got $10 solutions, one of them was JFK. He cut Mr. GRAVES of Georgia. It is an on a loaf, wow, I could make a lot of taxes, and the recession, after a period honor to represent Georgia’s Ninth money, but then maybe nobody would of about a year, turns right around and Congressional District. I tell you, in buy any bread because it’s too expen- things go along well. Ronald Reagan Georgia what an incredible State. I sive. So common sense would say some- did the same thing. Massive tax cut. As know your State is great as well. But where between a penny and $10 you’re soon as he did that, the economy— we have 13 Fortune 500 companies, going to come to an optimum place takes a little while—the economy three Fortune 100, the world’s busiest where you can get the most tax on it turns right around because there’s and largest airport, the fourth busiest and people will still keep buying bread. money now being invested not in more port in the Nation, an incredible uni- If you increase it, you actually lose big government but the businessman versity system and so much when it revenue; If you decrease it—so there’s puts that money into different new comes to entrepreneurial sprit. an optimum spot. ways of creating, buying another mill- Mr. AKIN. But you haven’t men- And what’s happening is the governing machine, another wing on the tioned Georgia peaches yet. You’ve got ment is taxing people so much, by in- building, more money for research and some good peaches down there. creasing the taxes, it basically stalls development to come up with a better Mr. GRAVES of Georgia. But a great way to make a product. And all of the economy and so their revenue State, so much to work with there, but those things together, when the money drops. there’s that uncertainty that lies out Now, if I were a happy socialist, if I goes back to the small business man, there. they start to hire people. were really one of these guys that So in my 30 days here, the House I think—what is it?—companies with voted on TARP II—of course, I opposed wants the government to do everything 500 or fewer employees employ 80 per- that—the expansion of unemployment for everybody—— cent of Americans. So if those smaller benefits to a far-reaching amount, and Mr. GRAVES of Georgia. Is there businesses from 500 employees on down, then the war supplemental budget such thing as a happy socialist? I if they got more money to spend on mean, help me with that. their own business, that’s part of the which was 61 percent un-war related, Mr. AKIN. That’s the trouble. There solution. And everybody does better and it goes one thing after another, aren’t very many of them that are when that happens. whether it is financial reform or happy because they’re so worried about Of course, another thing that kills whether it is this reform or that re- somebody else making money that jobs is this insufficient liquidity. The form, just in my 30 days. So there is a they don’t think—if I were a happy so- businessman can’t borrow money be- little bit of certainty out there in the cialist, I would want a strong economy cause it’s all tied up in banks. Of business community. so I had more money to swap around to course, we’ve got that problem going The certainty is that something’s my buddies, you see. But instead what on now, too, and part of the reason is going to come down from Washington we’re doing is we raise the taxes so the government is gobbling up so much that’s going to put another burden on much, it kills the economy and we money with their incredible, incredible them, another tax on them and it is don’t have as much money to work on. level of Federal spending which, once killing job creation today. It’s time to Now, the Federal Government again, we point to this chart. This is change that certainty around and say doesn’t notice it so much, but State what’s happened under Obama the first you can be certain that coming out of governments that have balanced budg- 2 years of his Presidency. It’s three Washington it’s going to be less taxes, ets—Missouri has a balanced budget times more deficit than Bush, in his less government, personal responsi- amendment. We have to balance a worst year, had. bility, and liberty and just for all. budget. And if you’re a legislator or So this liquidity is a big deal to the Let’s get back to free markets and cap- Governor, particularly in a State that businessman. And the banking rules italism. has a balanced budget—and most of right now make it hard for small busi- Mr. AKIN. That’s what it boils down, them do—when you have a recession, it ness men to get liquidity. And as you too, isn’t it? Two different visions for is a tough time to be the leader of your mentioned, the economic uncertainty. America. One of them is there are all State because people hate you because Who is going to take a risk when you these people who are victims and the you have to keep cutting things to see the lineup of what’s happened to government has to take care of them keep the budget balanced. Of course, us? First of all, you’ve got Wall Street and you don’t have to be responsible down here, we just let it go. bailout, and then you’ve got Cash for and you are just going to be part of Mr. GRAVES of Georgia. It’s that Clunkers, and you’ve got this stimulus this permanent welfare idea. And I print, spend, and borrow mentality bill where we waste $800 billion. don’t think Americans by and large down here. b 1820 really want that. I think Americans What you were referring to a minute And then we passed cap-and-tax at really like the idea more of having the ago, there’s a line of demarcation that three o’clock in the morning. It was courage to live some dream that God I refer to as the tipping point that oc- puts on their hearts. supposed to be about how bad CO2 is, curs. And whether it’s an economy or and what’s the solution to the bill to You know, the way that this country anywhere else, there is a great book was founded, they believed that every keep CO2 down? You guessed it, a whole written on that very subject matter of lot of taxes and a whole lot of red tape single person that God created in this how that occurs throughout time in and government regulations world had some purpose, some job that various ways. Mr. GRAVES of Georgia. Those taxes God had in mind for them to do. So So what we need to do right now is are only on Big Business, right, that what they did was they came up with look for solutions that tip the other wouldn’t impact the consumer? That the idea that the only thing that you way. I think we Republicans are cer- seems to be the argument that is put got in trouble for up in New England tainly the ones for less taxes, less gov- out there, but we all know that it’s not was if you didn’t work. You see, over in ernment, personal responsibility, and Big Business that pays taxes. It’s not Europe they had all these classes and it’s those positive solutions that I the corporations that pay taxes. It’s all they had certain people who didn’t think Americans are looking for right passed down through the consumer want any calluses on their hands be- now. They’re looking for that glimmer through the cost of any goods and serv- cause they didn’t like the idea of work- of, I guess, sunshine out there that ices as any other cost would be in a ing. says we’re going to get through this. service or in a product. But the people that came to this I’m telling you, we are going to get But I’ve been here 30 days. Thirty country said, no, your job is to work through this. We’re going to get days I’ve been sworn in here as a Mem- hard because God made a job for every- through this as Americans together ber of Congress. body to do. In the process of doing

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5608 CONGRESSIONAL RECORD — HOUSE July 14, 2010 that, they created almost a classless erals really just hate it when you men- said that he wanted to do with the gov- society because how can you look down tion that word ‘‘socialism,’’ but really ernment. He announced that before he your nose at somebody else if God an awful lot of Americans don’t know was elected that that was his plan, to made one person to be an accountant, socialism when they see it. And it is take money from Joe the plumber and another person to be a blacksmith, an- very dangerous, it’s deadly, and it goes give it to someone else. other one to be a farmer? How could to the idea of what’s the job of the gov- And, of course, he said he wouldn’t you look down your nose if somebody ernment. tax anybody that made less than is doing what God called them to do? And if you go to our Founders, right $250,000, and yet that silly cap-and-tax But it was always the idea of hard off the bat the Pilgrims had socialism bill that we passed in this Chamber be- work and being honest and so people imposed on them by the loan sharks fore you were here—you don’t have the could be free and chase the dreams that from England, and they pitched it out. shame of having that having gone they had in their heart. But I don’t They knew it wasn’t any good. They through here—but if you flipped a light think people are happy when the gov- knew that socialism was really a sys- switch, you start paying a tax. You ernment is dishing them out, you tem of stealing where the government know, it isn’t a matter of 250,000 bucks, know, always dependent on the govern- would take from one person and give to you flip a light switch you’re going to ment, you see, and I don’t think that’s another person. If you go to the found- be taxed. what America is all about. I don’t ing of our country, it was built on a And that socialized medicine bill, think Americans are happy with the bright vision. There was a fresh air; wow, is that ever a disaster. They’ve system where they’re just constantly there was a vibrancy and enthusiasm got taxes in there on wheelchairs. I going to be dependent on the govern- because you could fail. There was an thought I saw a taxing on everything ment. I think people love freedom in incentive to do well. that moves or doesn’t move, but this country. The understanding was that the job they’ve even got taxes on wheelchairs As you talk to people around your of the government was limited and lim- in that thing, and of course the prob- district, I ask people if you had to sum- ited in a particular way, and that was, lem is that’s what kills jobs. It’s mess- marize what is America all about—I the job of the government was justice. ing the economy up, adding to the in- love to ask that question. Let’s say And Lady Justice was depicted—they sufficient liquidity, the economic un- somebody from some foreign country chipped her out of marble, you know, certainty and of course the red tape came and they had a bunch of TV cam- and she’s sitting there and she always and government mandates. eras and put it in your face, and you’ve had this blindfold over her eyes and she You put this package together and lived in America. Can you tell me just held up the scales, and the scales were you can go both ways. You can have a in a sentence what is the basic secret what the law says and your own ac- vibrant economy, people free and pros- of what makes America such a special tions. But she always had that blind- perous and out there chugging along, place. And the word that I always hear fold on. Well, what did the blindfold good economy, or you can just keep on is freedom, freedom. It is not like, no, mean? Well it meant when you came dialing in more and more government that the government’s going to take before the government, before Lady interference, more tremendous levels care of me. No, it’s the idea of being a Justice, she didn’t peek whether you’re of spending, and basically what you’re free person, and that’s something black or white or male or female, rich doing is you’re killing freedom. that’s so precious to us in this country. or poor. She just said this is the way b 1830 Mr. GRAVES of Georgia. You’re the law applies evenly to all people. right, and it’s great, and that’s what But socialism does something dif- Mr. GRAVES of Georgia. When you we’ve got to get back to is allowing the ferent. Lady Justice peeks and says think about it, imagine if you had the freedom to succeed and the freedom to this one’s rich, this one’s poor. I’m opportunity to implement the policies fail, wouldn’t you say? I mean, that is going to take from this one to give to that you felt were best to get jobs mov- a freedom as well. Not government this one and then we get sophisticated ing forward here in this Nation. If it bailouts and government taking care of and we steal from everybody and pass was me, I would say, let’s empower the businesses that make poor decisions or it around to everybody else in the gov- private sector. Let’s allow them to be take a risk that just doesn’t work out, ernment. It gets more and more ineffi- the job creators, not government. Let’s for whatever reason. But, you know, cient, but Lady Justice is peeking. reduce the tax burden. Let’s start with when we think about where we are That’s socialism. It’s wealth redis- the capital gains tax, the corporate tax going in the future—and I think we’ve tribution. It is institutionalized debt. rate, as well as many of the other tax got a great future—we just have to be It’s morally wrong, and worst of all, it rates involved in there. But then not positive. We have to come up with posi- doesn’t work. only reduce taxes, cut spending. You tive solutions and solutions that aren’t Mr. GRAVES of Georgia. Right. And have to cut spending in association the government being the solution but I believe Bastiat over 150 years referred with those tax cuts. In addition, we empowering the private sector. to that as ‘‘legalized plunder’’ in the need to cut it beyond because of the We’ve come into a new era I believe, book, ‘‘The Law,’’ where he knew that spending level that we’re currently on. and I believe it’s coming. I would like anyone that was taking without per- But when you think about spending, to say the sun is setting on an era, and mission and giving to someone else was everyone around here says, well, you that’s the era of the champions of gov- plunder. And in the case of taxation can’t cut spending. And you have to ernment, that the sun is setting on here in the United States and the rais- ask the question: Are we running at an that and now a new dawn is arising and ing of taxes that we’re going to see in efficient level here as government? We that is going to be the champions of January 2011 just due to the inaction of know the answer. The answer to that is the taxpayer. the leadership here in Washington, no. In my opinion there are no sacred So as we move forward through these that is an increased legalized plunder cows. It is time to cut government and next weeks and this great recess, I that is going to occur. cut it and cut deep when it comes to think America is waiting for this Con- Mr. AKIN. Which really kind of cutting government. Americans all gress to take a recess so that they will wraps back around. I promised when we across this Nation are cutting their stop passing policies that are damaging started we’d ask a couple of these real- budget, and there are a lot of impor- to small businesses and elect a new ly basic questions, that is, Can the gov- tant things in their budget. I believe governing majority here coming up ernment steal? A lot of kids say, well, it’s time for the Federal Government soon and we have positive solutions the government can’t possibly steal. to cut their budget tremendously, re- that just reduce the business owners The fact of the matter is the govern- duce taxes, reduce the regulation, and and, once again, empower them to be ment can steal when the government let the private sector once again flour- the job creators instead of empowering does stuff that it’s not its job to do. ish. government to be that. And one of the things it’s not its job to Mr. AKIN. I think you’re absolutely Mr. AKIN. You know, when people do is to take something from one per- right. make a mistake—we were talking son and give it to someone else and The idea, though, that we can bring quite a bit about socialism, and lib- that’s, of course, what the President the level of spending that we’ve got

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5609 going on under control by just trying of GDP. How would you simplify that ground hiring and making decisions for to get efficiency, I think that’s prob- in terms of the average household at their business, that are making tough ably optimistic. I think what we have home and they have income coming in, decisions; what to cut out of their to do is decide that there are some their pay as it relates to debt? budgets, what hours are they going to things that Washington, D.C. should Mr. AKIN. Let’s try and speculate a operate, what supplies are they going not be doing in the first place. We little bit. Let’s say the income for the to buy. And we’re asking them that shouldn’t cut it; we should just totally whole year, they make a hundred question, What is keeping you from eliminate it. It should just stop. None. bucks. So what does this mean, 91 per- hiring that next employee? Because it We need to take a good look at our cent? If their income is a hundred dol- goes back to that, if one out of three Federal spending and say, What are the lars for the year, what does that mean? businesses would just hire one person things the Federal Government has to That means they’ve got an incredible in the next 12 months, unemployment do? We have to defend our Nation. We level of debt. They’re not going to get would be cut in half. That’s how close know that much. Because the States back out from under it hardly. we are. aren’t going to do that. We have to Mr. GRAVES of Georgia. You’re say- So what is it that the government is make sure there’s no pirates on the ing that 91 percent of that goes to debt; doing to prevent you from hiring that high seas. There used to be a law, it that income has to go to debt. next employee? I am excited that soon was one of the few Federal laws against Mr. AKIN. That’s the problem. I will be bringing back what I believe piracy on the high seas. There was a Mr. GRAVES of Georgia. If the liabil- are going to be some powerful rec- Federal law when America started that ity was called in at that point. It is a ommendations to the House of Rep- was against counterfeiting, because liability of 91 percent. resentatives right here and say, From that was not a State job; that had to be Mr. AKIN. Yes. the Ninth Congressional District, from a Federal job. So the point is, what do we do here in the business leaders in north Georgia, There are very few jobs that origi- America? We basically have to stop here’s what they say needs to be done nally started at the Federal level. And thinking that the Federal Government in order to get this economy back on then everything else, we have to push is God and that it’s going to solve track. them back to the States. I would be every problem. We’ve got the Federal Mr. AKIN. I think you and I have a happy to say, look, if the people of Government now, they’re into the pretty good idea what they’re liable to California, or Massachusetts, or Ten- automobile business, the insurance say, because they have enough business nessee want to have socialized medi- business, the student loan business, sense to know what’s happened histori- cine, let them try it and see how it they’re in the flood insurance business, cally. They know socialism doesn’t works. They could learn from Massa- they’re in the food business, they’re in work, and they know what you’ve got chusetts. It didn’t work well. They the housing business. to do is as the jobs and wealth and free- could learn from Tennessee. They It kind of reminds me, there was this dom, those are things that come from about shut down medicine in Ten- country that I grew up paying close at- free people. It isn’t the government nessee. If States want to try these tention to in the U.S., and it had this that makes jobs. It’s the businesses. things, let the experiments begin at philosophy that the government is It’s all of the innovative Americans the State level. But at the Federal going to give you food, and it’s going that are out there, that are living that level, we have got to basically stop a to give you a place to live, some shel- dream in their heart. From the begin- lot of stuff. The first place I would ter, it’s going to give you an education, ning days of this country, there are start with would be just what Ronald the government’s going to give you a these people, these crazy people that Reagan said, shut down that Depart- job and it’s going to give you health came to this land with some dream of ment of Education. care. We looked at that country and something they wanted to do. I had a group I was talking to down thought, That’s not going to work. And I remember there was one guy that at a Honda dealership just a couple of it didn’t work. The whole country had this idea, he wanted to build light days ago and I asked them, How much crashed economically. It was called the bulbs. He built a hundred of them and benefit do you think you’ve gotten USSR. none of them worked. His attitude was, from a whole bunch of Federal bureau- Here we are today, and what does the now I know a hundred ways not to crats that work in the Department of Federal Government try to do? Give build a light bulb. These crazy people Education? Has it helped your kid any people housing and food and education came with these dreams in their at all? There were these blank looks. and a job and health care. How are we hearts, the dream became a vague pos- No, I don’t think it’s helped a whole different? What we have to understand sibility and eventually it became a re- lot. is the Federal Government has to be ality, and America was built, one So what happens if you sell the build- reined in to do just what it’s supposed dream at a time. It got to be so coming and just shut down the Department to do, which is justice. That is, provide mon, we called it the American Dream. of Education at the Federal level? Why a set of laws where everybody is equal I know, gentlemen, as you travel in can’t that be done at the State or local before the law and a national security Georgia and you talk to those people, level? I think we have to ask those that protects us from terrorists and that you really get to love them out tough questions. Maybe you could other people that wish us ill. So that there, and you hear the stories: make a case, gosh, it would be nice if; Federal Government is just going to ‘‘Well, my wife and I were sleeping but we can’t afford it. have to go on a diet. under a park bench, but we had this Here’s a number: Debt and deficit as Mr. GRAVES of Georgia. That’s idea for a little business. That was 20 a percent of GDP. This is deficit. Here’s right. years ago. Well, now, my goodness, the United States. We’re right along- I’ve only been here 30 days and I can we’ve done pretty well. The kids are in side of Greece and Spain and the tell you, this government is way too good shape. We’ve got a nice house. I United Kingdom. We’re right in there big. It does not run efficiently. There think I might be selling the business.’’ with these European countries that are are many tasks that it should not be We do this, this, or that. Who would struggling, and we’re not much better involved in whatsoever. We’ve seen have thought it? We’ve got one guy in off than they are. We’re way over- those pass this House just in my few Missouri. He started a little company spending. short weeks of being here. As I think called Innoventor. I love this story. Here is debt as a percent of GDP. about where we’re going and I think Talk about somebody with some imagi- You’ve got the United States. There about the solutions that we’re all seek- nation. He had grown up on a hog farm. are only two other countries that are ing, the Economic Advisory Council Some of us that are from suburbia, worse than we are, that’s Greece and that I’ve put together across the 15 we’re not too fond of the by-product of Italy. counties of the Ninth Congressional those hog farms. But he had a lot of Mr. GRAVES of Georgia. If you had District is going to be one of the most that by-product kicking around trying to simplify that for the American view- dynamic councils I believe we have to figure out what to do with it. And so ers out there, and I see that says about ever seen, because these are the busi- this guy took all this pig manure and 91 percent of our debt as a percentage ness leaders, those that are on the he put it into a tank and he ran the

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5610 CONGRESSIONAL RECORD — HOUSE July 14, 2010 temperature up and the pressure up in Mr. AKIN. Well, you know, that is a work. It didn’t work for the Soviet the tank according to some basic prin- heartwarming story, and it shows the Union, it hasn’t worked in these other ciples of the way that we work with pe- basic nature of your 10-year-old son. He countries. troleum products and figured out a way understands that somewhere along the Socialized medicine doesn’t work. to turn all that pig manure into this line, that he was made to do some- Yes, you get insurance, but you can’t thick oily sludge which they then use thing, and even that God maybe has a get any health care. That doesn’t do to make asphalt. plan for him, and his thinking was, I you any good. And so he’s got a section of road in want to help my dad. Well, I appreciate your joining me, the State of Missouri that’s paved with You know, there is nothing I think as and thank the good citizens from Geor- asphalt made from pig manure. Of a Christian that inspires me more than gia for sending up such a great Con- course the first question is, does the a passage in the Bible that is in Ephe- gressman, Congressman GRAVES. Is a road smell? He says, No, when you get sians. It says that we are God’s work- pleasure joining you. it up to this temperature, all the am- manship created in Christ Jesus. That f monia and things that you associate means that each one of us is a unique BRITISH PETROLEUM AND OTHER with smell is gone. But here’s a guy and special person. ISSUES OF THE DAY that took something that nobody But not only that. Here is what excit- wanted, people looked at it as a liabil- ing. He says unto good work which God The SPEAKER pro tempore (Mrs. ity, and he’s got an invention that’s prepared for us to do, every single one HALVORSON). Under the Speaker’s an- going to turn that pig manure into as- of us has a purpose in this world, and nounced policy of January 6, 2009, the phalt to pave our roads with. the purpose is to do some good work, gentleman from Texas (Mr. GOHMERT) That’s the kind of thing that makes which our Father wants us to do. And is recognized for 60 minutes. Mr. GOHMERT. Madam Speaker, it is America. I thought that was a colorful it is a pretty exciting thing if you are always an honor and privilege to speak example. I know you’ve got stories of not cynical to say, you mean I can ac- on the floor of the House of Represent- your own from Georgia. My brother tually do something that would please atives where so much history has been was a Ramblin’ Wreck from Georgia my Father in heaven? made. There are a number of things we Tech. I know they’ve trained some You see, I think the freedom that we good engineers down there. need to cover. treasure in America was given to us so I had some interesting things going b 1840 that we could do that mission that we on in the Natural Resources Com- Mr. GRAVES of Georgia. There are were created to do. That is what free- mittee today because we are taking up great talents and opportunities in dom is all about. It is not to abuse, not legislation as a result of the oil spill. Georgia. And as I know we are wrap- to have the government take from one Those pesky words keep resurfacing, ping up our time probably here, and as person and give to another person. It is ‘‘never let a crisis go to waste,’’ and it I sort of close out, it goes back to that about each one of us doing what we appears that is what is happening here. zero sum. It is a zero sum game when it were called to do and living that Amer- We had 11 people lose their lives in comes to employment. ican dream. the Deepwater Horizon explosion. You are either expanding the private Then as the country builds and be- Many thousands may lose their liveli- sector, or you are expanding the gov- comes strong and we have this attitude hood. We know that it is the worst en- ernmental sector. And I believe our ob- that everybody has a purpose, every- vironmental accident we have had in jective, and I am glad that you are of body, there is no one that isn’t in- the United States. like mind with me, that as we consider cluded in that, and that the freedom we It has been amazing that so little had the deliberations over the next several enjoy is freedom so that we can do been done to try to assist from the weeks, that those who are watching to- what we were created to do in the first Federal Government. Eventually the night know that there are two men, place. When we have that kind of atti- Coast Guard came on board, but three plus more here, who really want to see tude, it gets contagious, and all over days after this terrible accident, it is the private sector expand, and expand the world people are going to say, hey, nations like the Netherlands that have through innovation and the excitement look what is going on in America. Isn’t extraordinary expertise in building of the idea. that exciting? Those people really do barrier islands, in actually taking in So I sort of liken it to the flame. believe in freedom. They understand water and separating out the oil, peo- There is that entrepreneurial flame out the difference between socialism, ple that had all these wonderful inven- there. It has been dampened. It has which is big government doing some- tions and ideas and things that would been dampened quite a bit over the last thing that is stealing, it is dishonest, help capture the oil, should have all 15–16 months with the policies coming and allowing people to follow their been utilized because so many of them out of Washington, and I believe it is god-given direction. have merit, and yet the Coast Guard our objective and I believe we can do That means as you said though that kept turning them away. Kevin this. people will fail sometimes. We try, we Costner had spent $10 million of his It is time to once again fan that fall down, we have to get up and try it own money to see this thing developed flame and get that dampened spark again. If we didn’t understand that, that would separate oil and water and flamed back up and get that entre- none of us would know how to walk. We do so in large numbers, but didn’t get a preneur fired back up about that Amer- fall down the first few times. And I lot of attention. ican dream that you just spoke of. found that out trying to ski as well. So I know there were a lot of press- I will close with this story, because You know, there is a part of my anat- ing things to do. There were golf my son who is 10 shared with me the omy that worked as a brake for quite a courses to be played, there were things greatest illustration last year. We were while. It got pretty sore. that had to be done, parties that had to debating allowances. We were talking a But we keep getting back up again, be attended. All the while the oil kept dollar for this task and a dollar for and that is necessary in a free kind of coming up and the environment kept that task. And he stopped me and he society. But I think America loves that suffering, wildlife kept suffering. said, dad, if you give me a dollar to do sunlight and bright light of freedom And then when we eventually find something that I should already be and that fresh air and the enthusiasm out, well, actually there was a reason. doing, doesn’t that just take away of the challenge, and the fact that British Petroleum thought they were from what mom can buy groceries every one of us has a purpose that we bulletproof. They thought they could with? Wouldn’t it be better if I made were put on this earth to do. have more safety violations, hundreds something and sold it and added to the The Lord has given us the simple of times more safety violations than family? commandment, thou shalt not steal, other oil companies drilling in the Gulf I mean, what a phenomenal example and when somebody takes something of Mexico, and be immune from having from a 10-year-old boy who understands from one person and gives it to you and the administration come down on it. productivity and wealth accumulation. you didn’t earn it, you see, that is It is understandable now, once we got That is something that excites me, short-circuiting the way God made ev- into it. They were supportive of the ad- that that young generation gets it. erything, and that is why it didn’t ministration’s crap-and-trade bill. In

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5611 fact, as the Deepwater Horizon rig was It cannot be taxed. Schools, cities, But that remains to be seen. There’s sinking, Senator KERRY down the hall counties, States cannot tax the Federal still so much damage. was making negotiations making sure Government once it takes over the And since we’re dealing with a time BP was still on board with the crap- land. when those in control do not want to and-trade bill. The White House count- So it makes sense that you want to let a good crisis go to waste without ed them as being supportive of the bill. be cautious in having the Federal Gov- taking advantage of it, in the legisla- And they, of course, have so many lob- ernment take over more and more land tion that we debated today and that byists. Their best lobbyists are all from in this country. In fact, that’s what will apparently pass in the morning Democratic administrations. They felt economists have said. You have got to around 9:15, we’re going to stick in $900 like they were bulletproof. get out of the mentality of continuing million for land acquisition. That’s in So then it begins to explain why it to buy land. Start selling some. Let’s the committee, July, 2010. That’s what took so long to finally get on to BP get on track to get rid of our deficit. is apparently going to happen because and fuss at them, because America had Quit buying land. And it turns out that the majority will have the votes. had enough. They had seen the kind of right now we’re $3.7 billion behind in They’re going to appropriate in an au- poor safety record BP had. the projects that are needed to keep up thorization bill $9 million to buy more the existing Federal land and Federal land, as if our parks are not in enough b 1850 parks that we have right now. Our trouble because all of this money keeps So BP got thrown under the bus, parks are going to squalor in many going for more and more land acquisi- much to their apparent surprise, after places. Places that people used to love tion. We’re going to not cut spending all their support. They’ve given heavily to visit are just being let go because on land acquisition and just even have to the President’s campaign. So I’m the money is not there to take care of a moratorium just for a little while. sure they were surprised when they ul- it. Why? Because we keep spending Let this country catch its breath. timately were thrown under the bus. money on buying more and more land We’re looking at a $1.5 trillion deficit But as a result of that terrible trag- and locking that land up so it cannot for 1 year. My first year here, I kept edy there are some laws that are being be used for any purpose. hearing people across the aisle talking voted out of committee. We had debate That’s one of the problems we’ve got about how $100 billion, $200 billion was on them for several hours today. And down with the border between Ari- an outrage for a deficit in 1 year. And, that’s as it should be. A bill shouldn’t zona—a U.S. border—and Mexico. Thir- you know what? They were right. come to the floor that is so sweeping ty-two miles of that border are wilder- There shouldn’t have been $100 billion unless it goes through proper com- ness, national park, which means the and $200 billion deficit for 1 year. And mittee channels. Didn’t go through Border Patrol are the only ones that that’s why people voted them into the subcommittee, but we had a long hear- can’t take—or U.S. Federal agents are majority in November 2006. ing on it today. And it will be voted on the only ones that can’t take vehicles b 1900 in the morning. All the votes were in there. It’s against the law. They Yet here we go this year. The same rolled so that they’ll take place in the commit a crime if they do that. But it people have no problem with a $1.5 tril- morning. It’s just hard to believe that doesn’t stop the drug smugglers, the il- lion deficit in 1 year because of all the out of a crisis like the gulf oil spill, legal alien smugglers from taking vehi- jobs that it apparently, they think, is that people would take advantage of cles across there. And so that’s what creating. Well, it did. For June, 431,000 that and want to pork up the bill. happens. They can have mechanical in- jobs were created. Unfortunately, Shocking. Shocking. struments. But even if you need to 411,000 of them were temporary census One of the things that economists bring a helicopter in to lift out some- jobs. have proposed across the country that body that’s been shot, like a Border So here’s our chart. This is what will would help get us on track is that—fi- Patrol Agent, which has happened, the pass tomorrow because me and my nancially, that is, on track—is that is helicopter can’t land. Illegal aliens, friends simply do not have enough we have got to get out of the mentality drug smugglers, they can drive right by votes to keep it from passing. They’re of constantly buying more and more them, but our Border Patrol cannot go going to pork up this bill to deal with and more and more land. The Federal in there because it’s a national park the gulf oil crisis by sticking $900 mil- Government seems to want to take wilderness area. That’s why I’ve got a lion of pork in there to buy more land over the country, or at least those bill to try to do something about that, for the Federal Government to own, to States that often vote heavily Repub- but apparently it’s not going to see the put local governments, local schools, lican. The colleagues across the aisle light of day. State governments in a difficult situa- want to buy more and more of the land. So here we have in 2008, the last year tion because they’ll never be able to So I had a chart here of what the of the Bush Presidency. But since all generate any tax dollars or revenue West looks like, the Western part of appropriations originate in the House from that land once the Federal Gov- the United States, how much of it we of Representatives, no matter what the ernment takes it over. have in red that is owned by the United President wants to do, it originates And so with that in mind, we look States. That is, by the United States here, and if you check back in 2004, back at the chart again, the map, that Government. So you get an idea. Here 2005, 2006, it was a fraction of a hundred shows the western part of the United is the Western United States. The red million dollars. Well, in 2008 it was a States with that in red, representing parts are those that are owned by our little over a hundred million dollars. In areas that the Federal Government al- Federal Government. And the Federal 2009, it was still about $150 million or ready owns. But apparently to those in Government wants more. We have had so, according to the chart. And then in charge right now, it’s not enough. It’s information on the amount of money 2010, this year, from last year’s appro- not enough to own nearly all of Ne- that our Federal Government has been priation, it shot up to nearly $300 mil- vada. It’s not enough to own 70 percent spending in the past on buying land, lion. And for next year it’s already— of Utah. It’s not enough to own most of and it’s been rather shocking to see the what is being laid out for next year’s Idaho, Arizona, Wyoming. So tomor- numbers. Here we have the amount of land acquisitions is nearly $400 million. row, $900 million will be appropriated money that was allocated in 2008 for So here we are, in the worst budget in this bill about the gulf oil crisis to the Federal Government to spend on crunch we have ever had, and what buy more Federal land that will hurt buying more land in the United States happens? For the first time since 1974, more local governments and more local for the Federal Government to take Congress is not going to have a budget. schools. It’s just hard to fathom. It is over. It’s important to understand that Apparently, it was considered too po- hard to believe that this is going to when the Federal Government takes litically difficult for people to come in happen tomorrow, but we simply do over land, it means the schools in that and vote for a budget that would ex- not have enough votes in our minority vicinity, the local governments in that pand costs as apparently the desire is to keep that kind of pork from being vicinity get nothing. Because all of the to have done. So here you have a trag- added to a bill emanating from a crisis. land, when the Federal Government edy in the Gulf of Mexico, still ongo- You know, we’ve already heard from takes it, is removed from the tax rolls. ing. Hopefully, the cap is going to hold. people, families of victims who were

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5612 CONGRESSIONAL RECORD — HOUSE July 14, 2010 killed on Deepwater Horizon, out beg- a little better in 2009. Only 70 percent India, $99 million that we gave away ging, Please do not have a moratorium, of the time they voted against the as Federal assistance to India in 2008. because they knew their friends would country that provided them over $100 They voted against us 76.3 percent of be out of work, other family members million in aid. We’re paying them to the time. That number, I think, may would be out of work. I don’t have a hate us. have risen and now so has their opposi- problem if you want to shut down Brazil. Of course we’ve heard re- tion to anything we hold dear. They’re every one of BP’s offshore rigs until we cently about the $2 billion that we’re now up to 88.9 percent of the time in can be sure that they are safe. But loaning to Brazil to develop their deep- 2009, voting against us. when, as we heard in the hearing water territories, their deepwater off- India is benefiting from our high cor- today, BP had had 800 safety violations shore drilling program. And lo and be- porate taxes. They’re benefiting from to, in some cases, none for other oil hold, it turns out apparently George the threat of the crap-and-trade bill companies in the same period, one for Soros’ biggest personal investment is passing. They’re benefiting from the other oil companies in the same period, in a company that does that drilling, health care bill that just got passed be- they had 800, so what did this adminis- so we provided $2 billion to help our cause employers, big manufacturers tration do? They gave them an award dear friend George Soros make that are saying, we’ve got to go where the for safety. That’s right. They didn’t much more money from his biggest in- country doesn’t hate us being there so fine them. They gave them an award vestment, personally. And so Brazil, we much. We’re going to India, we’re going for safety. loaned them millions—I’m sorry. We to China, we’re going to South Amer- But when you understand they were loaned them billions, give them mil- ica. embracing a tax, a gas tax, they were lions, and they voted against us in 2008 So a lot of these countries we’re embracing so many of the bills this ad- 70.7 percent of the time and against us pouring money into that we don’t have, ministration was pushing forward that last year in 2009 62.5 percent of the that we’re having to borrow from most in the country didn’t support, time. China, all the while they’re opposing us they didn’t want to lose their good You’ve got Cambodia, where lots of every step of the way. friend BP, and that’s why it took them Americans lost their lives fighting for You’ve got Indonesia, 189, basically so long to throw them under the bus. freedom for the people. We let them $190 million simply in foreign aid, not Well, that’s one area in which we’re out from under all the murderous re- counting the other benefits we’ve given throwing away a lot of money. It’s gimes that have followed. But with them. And yet they opposed us 84.9 per- pretty amazing, pretty outrageous. tens of millions of dollars, they voted cent of the time in the U.N. in ’08, and Another area is in our foreign assist- against us 84 percent of the time in 2008 80 percent of the time in ’09. ance programs. Now, this is my third and 62.5 percent of the time in 2009. We Pouring money into these countries term here. In each of my three terms, are still just pouring money into them. that we don’t have, that we’re having I have filed a bill. This is no exception. Now, I have been talking to them to borrow, while people are out of about this ever since I came on into It’s H.R. 4636. I have now filed for a dis- work, hurting, searching for jobs, hop- Congress in 2005, and it makes me charge petition. So hopefully we can ing for the economy to turn around, think that maybe we’re doing some get enough folks that will sign on to and something besides temporary cen- good, because of all the hundreds of the discharge petition to force this bill sus jobs to become available, and this millions we’ve given to Colombia, in to the floor for an up-or-down vote, be- is what they find out. 2008, they voted against the U.S. posi- cause we haven’t been able to get one. Jordan, in 2008 got $687 million, sim- tion 80 percent of the time. Last year, This is a very simple bill. In essence, it ply in aid, and they voted against us it was 40 percent of the time. So they says—well, it’s entitled the United Na- 91.7 percent of the time in ’08 and 60 would not be adversely affected by this tions Voting Accountability Act. It is percent of the time in ’09. bill because they have found their way very simple. Any nation that votes Now, Mexico, this shows $50 million clear to support us. in foreign aid in ’08. But also, of course, against the United States’ position Most people think with the embargo we had, I believe, $500 million that we more than half the time on contested sanctions against Cuba, that’s taken provided them to assist them in their votes in the United Nations will re- care of. Not true. In 2008 alone, we gave defense effort. And as a result, we have ceive no Federal assistance from our $45 million in aid to Cuba when they the President of Mexico come in here government to theirs. Very simple. voted against us in the U.N. 87.8 per- and chastise us for having immigration And as I have said before, you don’t cent of the time. And in 2009, they got laws that he says promote racism; laws want to have to pay people to hate you. even higher, up to 90 percent of the like that passed in Arizona that simply They’ll do it for free. Why pay them to time. are begging to have our laws enforced. hate you when they’ll do it for free? Now, the Republic of the Congo in Well, Mexico voted against us 75.9 So we pulled the report for this 2008 got $103 million, $104 million, and percent of the time in ’08. But in ’09 year—because each year a report comes for some reason, that same year they that dropped to 36.4 percent of the out; it has to come out by March 31 of only voted against us 7 percent of the time, so apparently we’re buying some each year—of all of the votes, the con- time. This year, I was under the im- love and affection there. tested votes from the year before so pression they got even more money, Nicaragua, they’ve got tens of mil- that we could get some idea of who is but they voted against us 71 percent of lions of dollars each year, yet they voting with us, how often, who we’re the time. So from 7 percent to a 71.5 voted against us in ’08, 84.7 percent of paying to hate us. percent turnaround there. For example, in 2008, there was $105 the time, and against our positions 80 million given to Bangladesh. They b 1910 percent of the time in ’09. voted against the U.S. position 82.4 per- You’ve got Dominican Republic. Give You’ve got Nigeria, $486 million they cent of the time in 2008 and 80 percent them tens of millions of dollars. They received in 2008, simply in foreign aid, of the time in 2009. voted against us 80.5 percent of the not counting other types of aid; ’08 We gave millions to Belarus, a time in ’08, 60 percent of the time in they voted against us that same year former state in the Soviet Union, and ’09. 82.7 percent of the time in the U.N., they voted against us in 2008 84.6 per- Egypt gets a couple of billion dollars, and against our position 63.6 percent of cent of the time, and this past year in essence, but they voted against us in the time in 2009. voted 75 percent of the time against the U.N. against our position 93.3 per- Pakistan, that we keep hoping is the U.S. interests and position. cent of the time in ’08, and in ’09, 81.8 going to make a turn for the better, You’ve got Bolivia down in South percent of the time. well, in 2008, simply in foreign aid, we America. We’ve given them over $100 Got Ethiopia. We gave $455 million in gave them $737 million. They voted million. That was in 2008. As I under- ’08. They voted against us to show their against our position 81.1 percent of the stand, it was a great deal more than gratitude 82.9 percent of the time in time in ’08; 87.5 percent of the time in that in 2009. They were our great ally the U.N. in ’08, and 83.3 percent in ’09. ’09. and were only voting against us 85.2 Again, you don’t have to pay people Got the Philippines. They wanted to percent of the time in 2008. And it got to hate you. They’ll do it for free. be completely shed of the United

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That will end up They did want our hundred-plus mil- them a contract to provide liquid nat- cutting off foreign aid to countries lion dollars that we will give them, as ural gas for the next 20 years to that so strongly oppose the things that we did in 2008, while they voted against Yemen. we hold dear, the things for which we our position in the U.N. 81.2 percent of Now, in order for Yemen to get that have sacrificed, in John Adams’ words, the time in ’08; 62.5 percent of the time contract we had to snub our nose at toil and blood and treasure to secure. in ’09. countries who have been very sup- And yet we just keep giving money to Philippines have people there, many portive and have been friends, includ- those who are opposing us in almost of whom are very dear to the United ing some in the Caribbean. We snubbed every turn. States. But as a separate independent our nose at our friends, and New Eng- They are sovereign nations. We nation, they’re free to make their own land gives what will result in incred- shouldn’t get into nation building. decisions, love us or hate us. But we ible amounts of money to Yemen for They are big folks. They can make shouldn’t have to pay people to hate us liquid natural gas. their own decisions. But if they want when they’re willing to do it for free. At the same time, we were having to oppose us at every turn, they can’t Russia, hard to believe, but we gave hearings, been having hearings in the expect us to continue to pay them to them $81 million in foreign aid in 2008, Natural Resources Committee to try to oppose us at every turn. Are so it just and they voted against us 82.9 percent hamper hydraulic fracking. By the use is hard to believe that that’s some- of the time in ’08. Did a little better, of hydraulic fracking, we have been thing we are still dealing with, but it 66.7 percent of the time they were able to secure over 100 years’ reserves is. against our position in ’09. of natural gas that we could be using, And I have to mention this. Regard- South Africa, $574 million in ’08 we our own natural gas. DAN BOREN across ing the gulf oil spill and this legisla- gave, only in foreign aid, not counting the aisle has a wonderful bill that tive markup, as it’s called; it’s of other types of aid. They voted against would encourage making cars that run course voting a bill out of committee. us, our positions, 84.5 percent of the on natural gas more widespread, more It’s the emergency response to the gulf time in 2008, and against our position easy to get, and trying to move some of oil bill that includes $900 million a year 66.7 percent of the time in 2009. our country over to natural gas vehi- for the next 30, 40 years simply to buy Sudan, gave them $337 million in cles because we have so much of it. Of more land. Think about the James 2008, they voted against us to show course if we eliminate hydraulic Bond title ‘‘The World Is Not Enough.’’ their gratitude 91.9 percent of the time fracking, which by the way has never Well, owning most of the West doesn’t in 2008, and a clear 90 percent of the been shown to have polluted drinking seem to be enough. time in 2009. water—we have had hearings on that— My friend ROB BISHOP from Utah in- You’ve got Uganda. We gave them there is no need for the Federal Gov- dicated how about a friendly amend- $350 million, simply in foreign aid, not ernment to get in and try to oppose hy- ment to just say the Federal Govern- counting all the other types of assist- draulic fracking. Many States that ment will only buy land in States in ance in 2008. They showed their grati- have it regulate it themselves, and which the Federal Government does tude by voting against our position 82.3 they have done a good job in control- not already own up to 20 percent of the percent of the time in ’08; 62.5 percent ling that, and will continue for the fu- State? But my friends across the aisle in ’09. ture. from those States in the East that love Venezuela. I bet most people didn’t As one of the Members of Congress continuing to purchase land in the know we were giving Venezuela foreign from Louisiana said today, if you were West, forcing schools to lay off teach- aid, but we did. This majority voted to to eliminate hydraulic fracking, you ers, shut down schools, inability to give them around $10 million in 2008. would do more damage to Louisiana provide tax revenue—they love that be- Regardless who is in the White House, and its economy and people’s liveli- cause they’re not going to have land the Congress is the one that votes ap- hoods than this environmental disaster bought in their States. The friendly propriations. Venezuela got basically will do. Yet Yemen got this massive amendment that Mr. BISHOP offered, $10 million, simply in foreign aid, and contract to provide liquefied natural since the Federal Government already of course they showed their love and gas to New England. owns 70 percent of his State, was not affection for the United States by vot- That means big, huge ships carrying accepted. So the intent appears clear: ing against us in opposition, 86.1 per- massive amounts of liquefied natural They want to keep buying more land in cent of the time in ’08 and 81.8 percent gas. In other words, a rather large the West. They don’t want it purchased of the time in ’09. bomb will be floating in routinely to up in the East for the most part. You’ve got Vietnam. Vietnam, we’ve Boston Harbor. And I found a quote So in addition to that, during the gotten so friendly with, they got over from the Coast Guard where they indi- hearings regarding the gulf crisis, when $100 million of U.S. taxpayer money. cate, gee, one of their biggest concerns, I was questioning Director Birnbaum, Actually, I’m sure it’s borrowed money since Yemen has proved to be home of brought out the facts that we learned from China that our grandchildren will so many terrorists that want to de- that there was only one entity, one pay the interest on, and pay the prin- stroy our way of life, one of their big- group within MMS, Minerals Manage- cipal as well, unless they have to de- gest jobs is going to try to make sure ment Service, that was allowed to clare bankruptcy as a nation because there is not one stowaway somewhere unionize, and that was the offshore in- of our gluttony. But Vietnam, we gave on that Yemen tanker that may set the spectors. The offshore inspectors, the away over $100 million to them, and thing off and wipe out much of Boston people that stand between disaster and their gratitude was expressed by voting in the process. I wonder if the people of our beloved homeland. And they are against the things we believe in 94.5 Boston knew that that was going on, unionized. percent of the time in ’08, and 75 per- that not only were we giving away so So I offered a simple amendment cent of the time in ’09. many millions to Yemen—of course, today, because those offshore inspec- some may remember that just recently tors that go out to make sure things b 1920 people were allowed to leave Guanta- are done properly to protect us from Yemen. Yemen. Now, this was just namo Bay, went to Yemen, and Yemen disaster on our homeland, they are like giveaway money here. It’s $16 million, of course ended up seeing them take off people in the Army. You know, I never $17 million just as foreign aid to Yemen and we don’t know where they are any- went into warfare. I was commissioned in 2008. Showed their appreciation by more. Heck, they may be back here based on an Army scholarship I had at voting against our position 92.8 percent coming across our Mexican border, Texas A&M. I had an Army scholarship of the time in 2008, 71.4 percent in 2009. since we haven’t secured that. there. I owed the Army 4 years, but I But Yemen, not only did they get So, going back to my bill, 4636, I am wasn’t commissioned until a year after millions and millions of dollars simply going to keep bringing it up, and we Vietnam. When I took the scholarship, in foreign aid from the United States, will have a discharge petition and give I anticipated I would end up in Viet- New England gave them a real boon. people on both sides of the aisle an op- nam, but the war ended.

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5614 CONGRESSIONAL RECORD — HOUSE July 14, 2010 And we were taught, though, in threat to strike if they so feel like it or Great Book, I have but to say, I believe training—and I had been a sentry be- not. That’s tomorrow. the Bible is the best gift God has given fore, put out on a perimeter to sit One other thing I want to get to, be- to man. All the good Saviour,’’ that’s guard during the night. And I was out cause I know our President said this Lincoln’s words, ‘‘All the good Saviour there to stand guard to make sure year that we’re not a Christian nation, gave to the world was communicated nothing happened to my friends who and I want to debate that because I through this Book. But for this Book were getting some sleep at night. I was don’t know if we are or not anymore. we could not know right from wrong. their protection. So I wasn’t about to But I know how we got started, and it’s All things most desirable for man’s fall asleep when as dark as it was out easy to see in the writings, the things welfare, here and hereafter, are to be on perimeter because I had to warn that were said, the proclamations. It’s found portrayed in it.’’ In the Bible. them if someone was coming in. And easy to see. How about that. Those are Lincoln’s sure, you know, it was drills, it was For example, George Washington, words. practice if some want to call it that. May 2, 1778, gave this order to his You’ll look at his second inaugural But during drills you take it very seri- troops, May 2, 1778, to the troops at address. Interestingly enough, he said ously. But I came to appreciate the Valley Forge. Here it is, and I’m these words. These are carved in the role of someone who is a forward ob- quoting from George Washington’s north wall of the Lincoln Memorial. In server, someone who is a sentry, some- order. ‘‘The Commander-in-Chief di- the middle of his second inaugural ad- one who is out there on the perimeter rects that Divine service be performed dress, he’s talking about both the North and the South. He said, ‘‘Both sitting, standing guard to make sure every Sunday at 11 o’clock, in each Bri- read the same Bible, and pray to the that they are protected back in the gade which has a Chaplain. Those Bri- same God. The prayers of both could main group. gades which have none will attend the not be answered. That of neither has Well, that’s the way the role of an places of worship nearest to them. It is been fully answered. The Almighty has offshore inspector struck me. They are expected that officers of all ranks will, by their attendance, set an example for His own purposes.’’ Then he quotes the out there protecting us. Can you imag- Bible, ‘‘Woe unto the world because of ine someone on guard duty out pro- their men. While we are zealously performing the duties of good citizens and offenses.’’ tecting your perimeter calling in and ‘‘Yet, if God wills that it continue, soldiers, we certainly ought not to be saying, guess what, I am going on until all the wealth piled by the bonds- strike? inattentive to the higher duties of reli- man 250 years of unrequited toil shall gion. To the distinguished character of b 1930 be sunk, and until every drop of blood Patriot, it should be our highest glory I don’t like my contract. I’m going drawn with the lash, shall be paid by to laud the more distinguished Char- another drawn with the sword, as was on strike. So you’re no longer pro- acter of,’’ and this is Washington’s said 3,000 years ago, so still it must be tected out here. Things could go com- words, ‘‘Christian.’’ said, ‘the judgements of the Lord, are pletely awry. I’m not inspecting. I’m That was his order to the Conti- true and righteous.’ ’’ Those were Lin- on strike. That should not be allowed nental Army, May 2, 1778. Again, I coln’s words in the second inaugural to happen in the military. It shouldn’t won’t debate whether or not we’re a address. be allowed to happen on offshore rigs. Christian nation now. But it is impor- So I won’t debate whether or not So I had a simple amendment that tant that people in this body know, and we’re a Christian nation. But that’s said offshore inspectors are not allowed people across America know, that we, how we got our start. Despite the ef- to strike or threaten to strike from at one time were—the Judiciary Com- forts of those even in the early 1800s up doing their jobs. Votes were rolled. So mittee of the Senate made that procla- to the present day who disregard the we will have a recorded vote on that in mation at one time in one of their facts, they disregard so many of our the morning and we’ll find out how se- votes. They said point blank, We are a Founders’ own words. Call Benjamin rious people on both sides of the aisle Christian nation. That was in the 1800s. Franklin a deist, even though at 80 are about protecting our homeland, or Abraham Lincoln, July 7, 1864, said years of age at the Constitutional Con- are they going to have to kowtow and this in his proclamation. Abraham Lin- vention he’s the one that says, ‘‘I have cater to unions as we’ve seen on so coln said, ‘‘I do hereby further invite lived, sir, a long time, and the longer I many votes. This, we’re talking about and request the heads of the Executive live, the more convincing proofs I see our homeland. We’re talking about pre- Departments of this Government, to- of this truth—God governs in the af- vention of environmental disaster. gether with all legislatures, all judges fairs of men. And if a sparrow cannot So, Madam Speaker, I hope that peo- and magistrates, and all other persons fall to the ground without his notice, is ple will let their Members of Congress exercising authority in the land, it probable that an empire can rise know that are on the Natural Re- whether civil, military, or naval, and without his aid? We have been assured, sources Committee, Don’t vote for the all soldiers, seamen, and marines in the Sir, in the sacred writing, that unless unions; vote for the homeland. Don’t national service, and all of the other the Lord build the House, they labour vote to allow our soldiers, our offshore law-abiding people of the United in vain that build it.’’ inspectors out there on our shore, on States, to assemble in their preferred b 1940 our offshore rigs, to go on strike be- places of public worship on that day, He went on to urge those other mem- cause, wow, what leverage. and there and then to render to the Al- bers at the Constitutional Conven- It would be like an air traffic con- mighty and merciful Ruler of the Uni- tion—his words, not mine—he said, troller saying, All of those planes are verse such homages and such confes- ‘‘Firmly believe this; and I also believe in the air, and I don’t care if they land sions to offer to Him such suppli- that without his concurring aid we or crash. We’re walking away. They’re cations, as the Congress of the United shall succeed in this political building on their own. You can’t let them do States have in their aforesaid resolu- no better than the Builders of Babel.’’ that. tion so solemnly, so earnestly, and so So much for him being a deist. You have to provide for our country’s reverently recommended.’’ That was Regardless of where we are now, this security. You can’t let people in the for the day July 7, 1864. Nation started as a Christian Nation. position with the leverage over lives September 5 of 1864, Abraham Lin- All of the indications from the official and livelihoods to walk away on strike coln addressed a committee, and ac- sources, from our Presidents, indicated at the worst possible time. So we’ll cording to the historic document of as much. So, regardless of where we are find out tomorrow who’s voting for our Colored People from Baltimore—that’s now, that’s where we started. We need Nation’s homeland, our homeland, all according to the historic document. to get history right if we’re going to we love and hold dear—the environ- Now, that would be African Americans, have a future. ment, the animals, the plants that I’m sure, but back in 1864, apparently f can’t do anything about the oil coming Lincoln didn’t know better. So ac- ashore. We’ll see whether the vote will knowledging a gift of a Bible from LEAVE OF ABSENCE be for the unions so that offshore in- those wonderful people, he said, this is By unanimous consent, leave of ab- spectors can continue to have the Lincoln’s words, ‘‘In regard to this sence was granted to:

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE July 14, 2010 CONGRESSIONAL RECORD — HOUSE H5615 Mr. HASTINGS of Florida (at the re- (The following Members (at the re- Mr. GARRETT of New Jersey, for 5 quest of Mr. HOYER) for today and the quest of Mr. BRIGHT) to revise and ex- minutes, today. balance of the week on account of per- tend their remarks and include extra- Ms. ROS-LEHTINEN, for 5 minutes, sonal business. neous material:) July 19 and 20. Mr. HINOJOSA (at the request of Mr. Mr. BRIGHT, for 5 minutes, today. Mr. PENCE, for 5 minutes, today. HOYER) for July 13 and the balance of Ms. WOOLSEY, for 5 minutes, today. Mr. DANIEL E. LUNGREN of California, the week on account of the effect of Mr. MCDERMOTT, for 5 minutes, for 5 minutes, today. Hurricane Alex on his district. today. Mr. OLSON (at the request of Mr. Mrs. KIRKPATRICK of Arizona, for 5 f BOEHNER) for July 13 and the balance of minutes, today. the week on account of medical rea- Ms. KAPTUR, for 5 minutes, today. ADJOURNMENT sons. Mr. DEFAZIO, for 5 minutes, today. f (The following Members (at the re- Mr. GOHMERT. Madam Speaker, I quest of Mr. POE of Texas) to revise and move that the House do now adjourn. SPECIAL ORDERS GRANTED extend their remarks and include ex- The motion was agreed to; accord- By unanimous consent, permission to traneous material:) ingly (at 7 o’clock and 40 minutes address the House, following the legis- Mr. POE of Texas, for 5 minutes, July p.m.), the House adjourned until to- lative program and any special orders 21. morrow, Thursday, July 15, 2010, at 10 heretofore entered, was granted hto: Mr. JONES, for 5 minutes, July 21. a.m. BUDGETARY EFFECTS OF PAYGO LEGISLATION Pursuant to Public Law 111–139, Mr. SPRATT hereby submits, prior to the vote on passage, the attached estimate of the costs of H.J. Res. 83, approving the renewal of import restrictions contained in the Burmese Freedom and Democracy Act of 2003, as amended, for printing in the CONGRESSIONAL RECORD.

ESTIMATE OF THE STATUTORY PAY-AS-YOU-GO EFFECTS FOR H.J. RES. 83, A JOINT RESOLUTION APPROVING THE RENEWAL OF IMPORT RESTRICTIONS CONTAINED IN THE BURMESE FREEDOM AND DEMOCRACY ACT OF 2003, AS AMENDED

By fiscal year, in millions of dollars— 2010– 2010– 2010 2011 2012 2013 3014 2015 2016 2017 2018 2019 2020 2015 2020

NET INCREASE OR DECREASE (¥) IN THE DEFICIT Statutory Pay-As-You-Go Impact ...... 0 2 0 0 0 ¥153 153 0 ¥3 ¥7 0 ¥151 ¥8 Sources: Congressional Budget Office and Joint Committee hon Taxation. EXECUTIVE COMMUNICATIONS, 8308. A letter from the Chief Counsel, De- sistance (CFDA) Numbers: 84.133E-1 and ETC. partment of Homeland Security, transmit- 84.133E received June 22, 2010, pursuant to 5 ting the Department’s final rule — Changes U.S.C. 801(a)(1)(A); to the Committee on Edu- Under clause 2 of rule XIV, executive in Flood Elevation Determinations [Docket cation and Labor. communications were taken from the ID: FEMA-2010-000; Internal Agency Docket 8314. A letter from the Secretary, Depart- Speaker’s table and referred as follows: No. FEMA-B-1090] received June 17, 2010, pur- ment of Energy, transmitting the Depart- 8303. A letter from the Acting, Adminis- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s Annual Report for the Strategic Pe- trator, Rural Business-Cooperative Service, mittee on Financial Services. troleum Reserve covering calendar year 2008, Department of Agriculture, transmitting the 8309. A letter from the Chief Counsel, De- in accordance with section 165 of the Energy Department’s final rule — Value-Added Pro- partment of Homeland Security, transmit- Policy and Conservation Act; to the Com- ducer Grant Program (RIN: 0570-AA79) re- ting the Department’s final rule — Changes mittee on Energy and Commerce. ceived June 17, 2010, pursuant to 5 U.S.C. in Flood Level Elevation Determinations 8315. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Agri- [Docket ID: FEMA-2010-0003] received June latory Management Division, Environmental culture. 17, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Protection Agency, transmitting the Agen- 8304. A letter from the Director, Regu- the Committee on Financial Services. cy’s final rule — Oklahoma: Incorporation by latory Management Division, Environmental 8310. A letter from the Chief Counsel, De- Reference of Approved State Hazardous Protection Agency, transmitting the Agen- partment of Homeland Security, transmit- Waste Management Program [EPA-R06-2009- cy’s final rule — Thiamethoxam; Pesticide ting the Department’s final rule — Final 0567; FRL-9162-7] received June 21, 2010, pur- Tolerances [EPA-HQ-OPP-2009-0737; FRL- Flood Elevation Determinations [Docket ID: suant to 5 U.S.C. 801(a)(1)(A); to the Com- 8830-4] received June 21, 2010, pursuant to 5 FEMA-2010-0003], pursuant to 5 U.S.C. mittee on Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on Ag- 801(a)(1)(A); to the Committee on Financial 8316. A letter from the Director, Regu- riculture. Services. 8305. A letter from the Acting Under Sec- 8311. A letter from the Chairman and Presi- latory Management Division, Environmental retary, Department of Defense, transmitting dent, Export-Import Bank, transmitting a Protection Agency, transmitting the Agen- the Department’s report on the amount of report on transactions involving U.S. exports cy’s final rule — Approval and Promulgation purchases from foreign entities in Fiscal to Mexico and Canada pursuant to Section of Air Quality Implementation Plans; Ohio; Year 2009. The report separately identifies 2(b)(3) of the Export-Import Bank Act of 1945, Final Approval and Promulgation of State the dollar value of items for which the Buy as amended; to the Committee on Financial Implementation Plans; Carbon Monoxide and American Act was waived, pursuant to Pub- Services. Volatile Organic Compounds [EPA-R05-OAR- lic Law 104-201, section 827 (110 Stat. 2611); to 8312. A letter from the Chairman and Presi- 2005-OH-0003; FRL-9159-3] received June 21, the Committee on Armed Services. dent, Export-Import Bank, transmitting a 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 8306. A letter from the Secretary, Air report on transactions involving U.S. exports Committee on Energy and Commerce. Force, Department of Defense, transmitting to Mexico pursuant to Section 2(b)(3) of the 8317. A letter from the Director, Regu- RAND Report, ‘‘Retaining F-22A Tooling: Export-Import Bank Act of 1945, as amended; latory Management Division, Environmental Options and Costs’’; to the Committee on to the Committee on Financial Services. Protection Agency, transmitting the Agen- Armed Services. 8313. A letter from the Assistant General cy’s final rule — Arkansas: Final Authoriza- 8307. A letter from the Chief Counsel, De- Counsel for Regulatory Services, Depart- tion of State-initiated Changes and Incorpo- partment of Homeland Security, transmit- ment of Education, transmitting the Depart- ration by Reference of State Hazardous ting the Department’s final rule — Changes ment’s final rule — National Institute on Waste Management Program [EPA-R06- in Flood Elevation Determinations [Docket Disability and Rehabilitation Research RCRA-2009-0708; FRL-9161-9] received June ID: FEMA-2010-0003; Internal Agency Docket (NIDRR)—-Disability and Rehabilitation Re- 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to No. FEMA-B-1121] received June 17, 2010, pur- search Projects and Centers Program--Reha- the Committee on Energy and Commerce. suant to 5 U.S.C. 801(a)(1)(A); to the Com- bilitation Engineering Research Centers 8318. A letter from the Director, Regu- mittee on Financial Services. (RERCs). Catalog of Federal Domestic As- latory Management Division, Environmental

VerDate Mar 15 2010 05:53 Nov 05, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\RECORD10\RECFILES\H14JY0.REC H14JY0 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE H5616 CONGRESSIONAL RECORD — HOUSE July 14, 2010 Protection Agency, transmitting the Agen- a report entitled, ‘‘Fiscal Year 2009 Account- in Medicare’’; jointly to the Committees on cy’s final rule — Determination of Attain- ing of Drug Control Funds’’; to the Com- Energy and Commerce and Ways and Means. ment for PM10 for the Sandpoint PM10 Non- mittee on Oversight and Government Re- f attainment Area, Idaho [Docket: EPA-R10- form. OAR-2010-0294; TRI-9165-2] received June 21, 8330. A letter from the Director, National REPORTS OF COMMITTEES ON 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Legislative Commission, American Legion, PUBLIC BILLS AND RESOLUTIONS Committee on Energy and Commerce. transmitting a copy of the Legion’s financial 8319. A letter from the Director, Regu- statements as of December 31, 2009, pursuant Under clause 2 of rule XIII, reports of latory Management Division, Environmental to 36 U.S.C. 1101(4) and 1103; to the Com- committees were delivered to the Clerk Protection Agency, transmitting the Agen- mittee on the Judiciary. for printing and reference to the proper cy’s final rule — Massachusetts: Final Au- 8331. A letter from the Secretary, Depart- calendar, as follows: thorization of State Hazardous Waste Man- ment of Transportation, transmitting the Mr. WAXMAN: Committee on Energy and agement Program Revisions [EPA-R01- Department’s report entitled, ‘‘Fundamental Commerce. H.R. 5381. A bill to require motor RCRA-2010-0468; FRL-9165-8] received June Properties of Asphalts and Modified Asphalts vehicle safety standards relating to vehicle 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to — III’’; to the Committee on Transportation electronics and to reauthorize and provide the Committee on Energy and Commerce. and Infrastructure. greater transparency, accountability, and 8320. A letter from the Director, Regu- 8332. A letter from the Program Analyst, safety authority to the National Highway latory Management Division, Environmental Department of Transportation, transmitting Traffic Safety Administration; with an Protection Agency, transmitting the Agen- the Department’s final rule — Amendment of cy’s final rule — Significant New Use Rules amendment (Rept. 111–536). Referred to the Class E Airspace; Magnolia, AR [Docket No.: Committee of the Whole House on the State on Certain Chemical Substances [EPA-HQ- FAA-2009-1179; Airspace Docket No. 09-ASW- OPPT-2008-0920; FRL-8824-6] (RIN: 2070-AB27) of the Union. 35] received June 21, 2010, pursuant to 5 Ms. MATSUI: Committee on Rules. House received June 21, 2010, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Energy and Resolution 1517. Resolution providing for Transportation and Infrastructure. consideration of the bill (H.R. 5114) to extend Commerce. 8333. A letter from the Program Analyst, the authorization for the national flood in- 8321. A letter from the Secretary, Depart- Department of Transportation, transmitting surance program, to identify priorities es- ment of the Treasury, transmitting as re- the Department’s final rule — Modification sential to reform and ongoing stable func- quired by section 401(c) of the National of Class C Airspace; Beale Air Force Base, tioning of the program, and for other pur- Emergencies Act, 50 U.S.C. 1641(c), and sec- CA [Docket No.: FAA-2010-0367; Airspace poses (Rept. 111–537). Referred to the House tion 204(c) of the International Emergency Docket No. 10-AWA-2] (RIN: 2120-AA66) re- Calendar. Economic Powers Act, 50 U.S.C. 1703(c), a ceived June 21, 2010, pursuant to 5 U.S.C. six-month periodic report on the national 801(a)(1)(A); to the Committee on Transpor- f emergency with respect to the former Libe- tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS rian regime of Charles Taylor that was de- 8334. A letter from the Program Analyst, clared in Executive Order 13348 of July 22, Department of Transportation, transmitting Under clause 2 of rule XII, public 2004, pursuant to 50 U.S.C. 1703(c); to the the Department’s final rule — Establishment bills and resolutions of the following Committee on Foreign Affairs. of Class E Airspace; Panama City, Tyndall 8322. A letter from the Assistant Secretary, titles were introduced and severally re- AFB, FL [Docket No.: FAA-2010-0249; Air- Legislative Affairs, Department of State, ferred, as follows: space Docket No. 10-ASO-22] received June transmitting Transmittal No. DDTC 10-066, 21, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to By Ms. MARKEY of Colorado: certification of a proposed technical assist- the Committee on Transportation and Infra- H.R. 5730. A bill to rescind earmarks for ance agreement to include the export of structure. certain surface transportation projects; to technical data, and defense services, pursu- 8335. A letter from the Program Analyst, the Committee on Transportation and Infra- ant to section 36(c) of the Arms Export Con- Department of Transportation, transmitting structure. trol Act; to the Committee on Foreign Af- the Department’s final rule — Establishment By Mrs. KIRKPATRICK of Arizona: fairs. of Class E Airspace; Quitman, GA [Docket H.R. 5731. A bill to amend title 38, United 8323. A letter from the Assistant Legal Ad- States Code, to provide for annual reviews of visor for Treaty Affairs, Department of No.: FAA-2010-0053; Airspace Docket No. 10- ASO-12] received June 21, 2010, pursuant to 5 mental health professionals treating vet- State, transmitting report prepared by the erans, and for other purposes; to the Com- Department of State concerning inter- U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. mittee on Veterans’ Affairs. national agreements other than treaties en- By Ms. KILROY (for herself, Mr. tered into by the United States to be trans- 8336. A letter from the Program Analyst, Department of Transportation, transmitting THORNBERRY, and Mr. BURGESS): mitted to the Congress within the sixty-day H.R. 5732. A bill to amend title XVIII of the period specified in the Case-Zablocki Act; to the Department’s final rule — Amendment of Class E Airspace; Hoquiam, WA [Docket No.: Social Security Act to permit coverage of the Committee on Foreign Affairs. certain covered part D drugs for uses that 8324. A letter from the Auditor, Office of FAA-2009-1063; Airspace Docket No. 09-ANM- are determined to be for medically accepted the District of Columbia Auditor, transmit- 22] received June 21, 2010, pursuant to 5 indications based upon clinical evidence in ting a copy of the report entitled, ‘‘Fiscal U.S.C. 801(a)(1)(A); to the Committee on peer reviewed medical literature; to the year 2009 Annual Report on Advisory Neigh- Transportation and Infrastructure. Committee on Energy and Commerce, and in borhood Commissions’’, pursuant to D.C. 8337. A letter from the Program Analyst, addition to the Committee on Ways and Code section 47-117(d); to the Committee on Department of Transportation, transmitting Means, for a period to be subsequently deter- Oversight and Government Reform. the Department’s final rule — Modification 8325. A letter from the Chief Human Cap- of Class E Airspace; West Yellowstone, MT mined by the Speaker, in each case for con- ital Officer, National Science Foundation, [Docket No.: FAA-2009-1101; Airspace Docket sideration of such provisions as fall within transmitting report on the Foundation’s use No. 09-ANM-24] received June 21, 2010, pursu- the jurisdiction of the committee concerned. of the category rating method of evaluating ant to 5 U.S.C. 801(a)(1)(A); to the Committee By Mr. BRALEY of Iowa: external applicants for Federal positions, on Transportation and Infrastructure. H.R. 5733. A bill to permit health care pro- pursuant to 5 U.S.C. 3319; to the Committee 8338. A letter from the Chief, Publications viders to disclose certain protected health on Oversight and Government Reform. and Regulations Branch, Internal Revenue information to law enforcement officials; to 8326. A letter from the General Counsel and Service, transmitting the Service’s final rule the Committee on Energy and Commerce. Senior Policy Advisor, Office of Management — Grandfathered Health Plans under the Pa- By Mr. DONNELLY of Indiana (for and Budget, transmitting a report pursuant tient Protection and Affordable Care Act himself and Mr. UPTON): to the Federal Vacancies Reform Act of 1998; [TD 9489] received June 18, 2010, pursuant to H.R. 5734. A bill to direct the Adminis- to the Committee on Oversight and Govern- 5 U.S.C. 801(a)(1)(A); to the Committee on trator of the Small Business Administration ment Reform. Ways and Means. to extend and improve the Dealer Floor Plan 8327. A letter from the General Counsel and 8339. A letter from the Deputy Associate Pilot Initiative, and for other purposes; to Senior Policy Advisor, Office of Management Commissioner, Office of Regulations, Social the Committee on Small Business. and Budget, transmitting a report pursuant Security Administration, transmitting the By Mr. HELLER: to the Federal Vacancies Reform Act of 1998; Administration’s final rule — Social Secu- H.R. 5735. A bill to require the Secretary of to the Committee on Oversight and Govern- rity Administration Implementation of OMB the Interior to establish a competitive leas- ment Reform. Guidance for Drug-Free Workplace Require- ing program for wind and solar energy devel- 8328. A letter from the General Counsel and ments [Docket No.: SSA-2009-0054] (RIN: 0960- opment on Federal land, and for other pur- Senior Policy Advisor, Office of Management AH14) received June 17, 2010, pursuant to 5 poses; to the Committee on Natural Re- and Budget, transmitting a report pursuant U.S.C. 801(a)(1)(A); to the Committee on sources, and in addition to the Committee on to the Federal Vacancies Reform Act of 1998; Ways and Means. Agriculture, for a period to be subsequently to the Committee on Oversight and Govern- 8340. A letter from the Chairman, Medicare determined by the Speaker, in each case for ment Reform. Payment Advisory Commission, transmit- consideration of such provisions as fall with- 8329. A letter from the Director, Office of ting a copy of the Commission’s ‘‘June 2010 in the jurisdiction of the committee con- National Drug Control Policy, transmitting Report to the Congress: Aligning Incentives cerned.

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By Mrs. MCCARTHY of New York (for emblem of service and sacrifice by the mem- H.R. 3421: Mr. INSLEE and Mrs. NAPOLITANO. herself, Mr. NADLER of New York, Mr. bers of the Armed Forces who had given H.R. 3424: Mr. PASCRELL. BRADY of Pennsylvania, Mr. FATTAH, their lives in the line of duty; to the Com- H.R. 3464: Mr. NUNES, Mr. WALDEN, and Mr. Ms. SCHWARTZ, Mr. DOYLE, Mr. mittee on the Judiciary. HALL of New York. ISRAEL, and Mr. KENNEDY): 333. Also, a memorial of the House of Rep- H.R. 3486: Mr. LEE of New York and Mr. H.R. 5736. A bill to amend chapter 44 of resentatives of the State of Michigan, rel- DJOU. title 18, United States Code, to require the ative to House Resolution No. 151 memori- H.R. 3578: Mr. CONNOLLY of Virginia. owner or lawful possessor of a firearm to re- alizing the Congress to reauthorize funding H.R. 3680: Mr. DJOU. port its theft or loss; to the Committee on for the Beaches Environmental Assessment H.R. 3718: Mr. ROTHMAN of New Jersey. the Judiciary. and Coastal Health Act; to the Committee on H.R. 3720: Ms. HERSETH SANDLIN. By Ms. MOORE of Wisconsin: Transportation and Infrastructure. H.R. 3729: Mr. BOSWELL. H.R. 5737. A bill to amend title 38, United 334. Also, a memorial of the Senate of the H.R. 3758: Mr. CALVERT. States Code, to extend the age of eligibility Commonwealth of Pennsylvania, relative to H.R. 3786: Mr. RYAN of Ohio and Ms. of dependent children for receipt of trans- Senate Resolution No. 205 urging the Con- SCHAKOWSKY. ferred educational assistance under the Post- gress to restore the presumption of a service H.R. 3974: Mr. AL GREEN of Texas and Mr. 9/11 Educational Assistance Program of the connection for Agent Orange exposure for TIERNEY. Department of Veterans Affairs; to the Com- veterans who served on the waterways, terri- H.R. 4038: Mr. PLATTS. mittee on Veterans’ Affairs. torial waterways and airspace of the H.R. 4106: Ms. BALDWIN. By Mr. RAHALL (for himself, Mr. MOL- Rebublic of Vietnam and in Thailand, Laos H.R. 4190: Mr. FRANK of Massachusetts. LOHAN, Mr. ROGERS of Kentucky, Mr. and Cambodia by passing the Agent Orange H.R. 4195: Ms. TSONGAS. THOMPSON of Mississippi, and Mrs. Equity Act of 2009; to the Committee on Vet- H.R. 4278: Mr. BRADY of Pennsylvania and CAPITO): erans’ Affairs. Mr. KINGSTON. H.R. 5738. A bill to amend the Richard B. H.R. 4311: Ms. BEAN. f Russell National School Lunch Act to carry H.R. 4386: Mr. KUCINICH. out a pilot program to reduce the amount of ADDITIONAL SPONSORS H.R. 4427: Mr. BONNER. processed food served each day under the H.R. 4525: Mr. BONNER, Mr. KLEIN of Flor- school breakfast program or school lunch Under clause 7 of rule XII, sponsors ida, and Mr. MCCOTTER. program; to the Committee on Education were added to public bills and resolu- H.R. 4529: Mr. MILLER of Florida. and Labor. tions as follows: H.R. 4530: Mr. PASTOR of Arizona. H.R. 4544: Mr. NADLER of New York and Ms. By Mr. ROONEY: H.R. 197: Mr. HILL. CLARKE. H.R. 5739. A bill to amend title 36, United H.R. 208: Mr. HOEKSTRA, Mr. SHULER, Mr. H.R. 4557: Mr. AL GREEN of Texas. States Code, to grant a Federal charter to BONNER, Mr. MELANCON, and Mr. DJOU. H.R. 4594: Mr. PATRICK J. MURPHY of Penn- the American Military Retirees Association, ORETTA SANCHEZ of Cali- H.R. 211: Ms. L sylvania. and for other purposes; to the Committee on fornia. H.R. 4599: Ms. BEAN and Mr. MCGOVERN. the Judiciary. H.R. 301: Mr. GRAVES of Georgia. H.R. 4645: Mr. POLIS and Ms. MATSUI. By Mr. TOWNS: H.R. 333: Mr. CRITZ, Mr. BONNER, and Mr. H.R. 4690: Mr. MORAN of Virginia and Mr. H.R. 5740. A bill to provide for the manda- COHEN. HONDA. tory recall of adulterated or misbranded H.R. 336: Mr. COHEN and Ms. NORTON. H.R. 4695: Mr. DJOU. drugs; to the Committee on Energy and Com- H.R. 365: Mr. DJOU. H.R. 4733: Ms. KILPATRICK of Michigan and merce. H.R. 536: Ms. MOORE of Wisconsin. Mr. MCGOVERN. By Ms. LORETTA SANCHEZ of Cali- C OLLUM H.R. 564: Ms. M C . H.R. 4746: Mr. BARRETT of South Carolina fornia (for herself and Ms. ZOE OYBAL LLARD H.R. 571: Ms. R -A . and Mr. HELLER. LOFGREN of California): H.R. 614: Mr. SULLIVAN and Mr. PRICE of H. Res. 1515. A resolution calling on the So- H.R. 4764: Mr. EDWARDS of Texas and Mr. Georgia. BRALEY of Iowa. cialist Republic of Vietnam to uphold and re- H.R. 672: Ms. NORTON. spect basic human rights by releasing three H.R. 4772: Mr. CHILDERS and Mr. WELCH. H.R. 678: Mr. YOUNG of Florida. H.R. 4788: Mr. PERRIELLO, Mr. SPRATT, Ms. women democracy activists, writer Tran H.R. 881: Mr. HERGER, Mr. YOUNG of Alas- Khai Thanh Thuy, attorney Le Thi Cong BERKLEY, and Mr. SESTAK. ka, and Mr. HARPER. H.R. 4923: Mr. SESTAK and Mr. INSLEE. Nhan, and cyber-activist Pham Thanh H.R. 988: Ms. RICHARDSON, Mrs. H.R. 4933: Mr. SIRES. Nghien; to the Committee on Foreign Af- CHRISTENSEN, Mr. WU, and Mr. HODES. H.R. 4947: Mr. LUCAS. fairs. H.R. 1021: Mr. SULLIVAN. H.R. 4958: Mr. BISHOP of Georgia. By Mr. SKELTON (for himself and Mr. H.R. 1036: Mr. HODES. H.R. 4972: Mr. SIMPSON, Mr. BUCHANAN, MCKEON): H.R. 1066: Ms. TSONGAS. Mrs. EMERSON, Mr. PLATTS, and Mr. BACHUS. H. Res. 1516. A resolution recognizing the H.R. 1136: Mr. PAULSEN. H.R. 4986: Mr. GARRETT of New Jersey and 65th anniversary of the end of World War II, H.R. 1193: Mr. ARCURI. Mr. CALVERT. honoring the service members who fought in H.R. 1236: Mr. KUCINICH. H.R. 4993: Ms. WOOLSEY and Mr. WU. World War II and their families, and hon- H.R. 1240: Mr. BOUCHER. H.R. 5016: Mr. MICA and Mrs. EMERSON. oring the service members who are currently H.R. 1294: Mr. DJOU. H.R. 5028: Ms. HIRONO. serving in combat operations; to the Com- H.R. 1326: Mr. ORTIZ. H.R. 5029: Mr. GARY G. MILLER of Cali- mittee on Armed Services. H.R. 1371: Mrs. MALONEY. fornia. By Mr. LEWIS of Georgia (for himself H.R. 1410: Mr. GENE GREEN of Texas. H.R. 5034: Mr. HARPER. and Mr. PAYNE): H.R. 1458: Mr. GUTIERREZ. H.R. 5040: Ms. HARMAN. H. Res. 1518. A resolution expressing the H.R. 1569: Ms. WOOLSEY. H.R. 5044: Ms. BEAN. sense of the House of Representatives on the H.R. 1792: Mr. TIAHRT. H.R. 5058: Mr. MCCAUL. inaugural Nelson Mandela International H.R. 1864: Mr. MELANCON. H.R. 5081: Mrs. HALVORSON, Mr. BACHUS, Day; to the Committee on Foreign Affairs. H.R. 1923: Mr. ROGERS of Michigan, Mr. AL- and Mr. BURTON of Indiana. By Mr. MCDERMOTT (for himself, Mr. EXANDER, and Mr. KLINE of Minnesota. H.R. 5143: Mr. MILLER of North Carolina FARR, Mr. LARSEN of Washington, H.R. 2024: Mr. PRICE of North Carolina and and Ms. SPEIER. LUMENAUER and Mr. B ): Mr. CONNOLLY of Virginia. H.R. 5162: Mr. COFFMAN of Colorado and Mr. H. Res. 1519. A resolution congratulating H.R. 2067: Mr. SALAZAR and Mrs. CAPPS. COLE. the crew of the Ocean Watch for their re- H.R. 2103: Mr. TOWNS. H.R. 5226: Mrs. CAPITO. markable voyage around North and South H.R. 2156: Mr. BOREN. H.R. 5234: Mr. PETERSON. America and recognizing the importance of H.R. 2328: Mr. KIND. H.R. 5240: Mr. PAYNE, Ms. FUDGE, Mr. ocean and coastal conservation; to the Com- H.R. 2378: Mr. YOUNG of Alaska. ROTHMAN of New Jersey, and Mrs. mittee on Natural Resources. H.R. 2406: Mr. MICA and Mr. BARTLETT. CHRISTENSEN. f H.R. 2443: Mr. MELANCON. H.R. 5243: Mr. PAUL. H.R. 2598: Mr. INSLEE and Mr. MURPHY of H.R. 5258: Mr. DJOU and Mr. POLIS. MEMORIALS New York. H.R. 5266: Mrs. NAPOLITANO. Under clause 4 of rule XXII, memo- H.R. 2625: Mr. ANDREWS. H.R. 5300: Mr. COHEN. H.R. 2648: Mr. HEINRICH and Mr. GRIJALVA. H.R. 5309: Mr. ROTHMAN of New Jersey and rials were presented and referred as fol- H.R. 2685: Mr. DJOU. Mr. KUCINICH. lows: H.R. 2828: Mr. TIAHRT. H.R. 5359: Ms. ROYBAL-ALLARD. 332. The SPEAKER presented a memorial H.R. 2839: Mr. ROTHMAN of New Jersey. H.R. 5369: Mr. PETERS and Mr. CHANDLER. of the Senate of the Commonwealth of Penn- H.R. 2853: Ms. SUTTON and Mr. WELCH. H.R. 5389: Mr. FILNER. sylvania, relative to Senate Resolution No. H.R. 3077: Mr. GENE GREEN of Texas and H.R. 5428: Mr. JONES and Mr. KISSELL. 287 memorializing the Congress to designate Mr. TOWNS. H.R. 5434: Mr. SCHIFF, Mr. SCHRADER, and the Honor and Remember Flag as a national H.R. 3408: Mr. AL GREEN of Texas. Mr. CALVERT.

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H.R. 5440: Mr. POLIS. Mr. PLATTS, Mr. POE of Texas, Mr. POSEY, H. Res. 1472: Mr. MICHAUD. H.R. 5441: Mr. FRANK of Massachusetts. Mr. PRICE of Georgia, Mr. PUTNAM, Mr. RAN- H. Res. 1476: Ms. WATSON, Mrs. H.R. 5458: Mrs. HALVORSON, Ms. TITUS, Mr. GEL, Mr. REHBERG, Mr. REICHERT, Ms. RICH- NAPOLITANO, Mr. DOGGETT, Mr. SABLAN, Mr. CONNOLLY of Virginia, Mr. TEAGUE, and Mrs. ARDSON, Ms. ROS-LEHTINEN, Mr. ROSS, Mr. STARK, Mr. DELAHUNT, Mr. BACA, and Mr. KIRKPATRICK of Arizona. RUPPERSBERGER, Mr. SALAZAR, Mr. SESSIONS, WAXMAN. H.R. 5460: Ms. LEE of California and Mr. Mr. SESTAK, Mr. SHIMKUS, Mr. SHULER, Mr. H. Res. 1483: Mr. WITTMAN. LUJA´ N. SHUSTER, Mr. SMITH of New Jersey, Mr. H. Res. 1494: Ms. FUDGE, Mr. MURPHY of H.R. 5471: Mr. DEUTCH and Mr. GRIJALVA. SMITH of Texas, Mr. SNYDER, Mr. STUPAK, New York, Mr. BOCCIERI, Mr. SALAZAR, and H.R. 5476: Mr. SESTAK. Mr. TAYLOR, Mr. TERRY, Mr. THORNBERRY, Ms. KILROY. H.R. 5487: Ms. LEE of California. Mr. TURNER, Mr. WALZ, Ms. WATERS, Mr. H. Res. 1504: Mr. THOMPSON of Mississippi, H.R. 5495: Ms. NORTON, Mr. MCGOVERN, and WESTMORELAND, Mr. WHITFIELD, Mr. WILSON Mr. SESSIONS, Ms. RICHARDSON, Mr. Mr. CLAY. of South Carolina, Mr. WOLF, and Mr. YOUNG GRIJALVA, Mr. KILDEE, Ms. EDWARDS of H.R. 5504: Ms. SCHAKOWSKY and Mrs. of Alaska. Maryland, Ms. DELAURO, Ms. SCHAKOWSKY, MALONEY. H.R. 5685: Ms. RICHARDSON and Mr. BISHOP Ms. SHEA-PORTER, Mr. LEVIN, Ms. NORTON, H.R. 5529: Mrs. MYRICK, Mr. CALVERT, and of Georgia. Mr. DAVIS of Illinois, Mr. DOYLE, Mr. MEEKS Mr. BONNER. H.R. 5689: Mr. PASTOR of Arizona. of New York, Mr. STARK, Mrs. MALONEY, Mr. H.R. 5538: Mr. SAM JOHNSON of Texas. H.R. 5692: Mr. HONDA. RUPPERSBERGER, Mr. MORAN of Virginia, Ms. H.R. 5540: Mr. NEUGEBAUER. H.R. 5711: Ms. BORDALLO, Mr. PIERLUISI, BORDALLO, Ms. KILPATRICK of Michigan, Ms. H.R. 5541: Mr. NEUGEBAUER. Mr. SABLAN, and Mrs. CHRISTENSEN. JACKSON LEE of Texas, Mrs. CHRISTENSEN, H.R. 5542: Mr. NEUGEBAUER. H. Con. Res. 16: Mr. YOUNG of Alaska. Mr. LOEBSACK, Mr. LEWIS of Georgia, Mr. H. Con. Res. 226: Mr. MINNICK, Mr. TEAGUE, H.R. 5555: Mr. BUTTERFIELD and Mr. GONZALEZ, Ms. LEE of California, Mr. DIN- Mr. COSTA, Mr. ORTIZ, Mr. HARE, Mr. BRADY MCCOTTER. GELL, Ms. WOOLSEY, Mr. HINCHEY, Ms. ESHOO, of Pennsylvania, Mrs. MCCARTHY of New H.R. 5565: Mr. BARTON of Texas. Mr. GUTIERREZ, Ms. BALDWIN, Mr. VAN York, Mr. SCHAUER, Mr. WU, Mr. PASCRELL, H.R. 5566: Mr. BISHOP of Utah, Mr. RANGEL, HOLLEN, and Mr. JOHNSON of Georgia. Mr. PITTS, Mr. DOYLE, Mr. COURTNEY, Mr. Ms. SCHAKOWSKY, Mr. GEORGE MILLER of H. Res. 1513: Mr. POMEROY, Mr. BOCCIERI, FATTAH, Mr. LOEBSACK, Mr. THOMPSON of California, Mr. SAM JOHNSON of Texas, and Ms. BEAN, Ms. WATSON, Mr. KIND, Mr. Pennsylvania, Mr. TIERNEY, Ms. WASSERMAN Mr. TIERNEY. MELANCON, Mr. RUPPERSBERGER, Ms. SCHULTZ, Mr. KLINE of Minnesota, Mr. KING H.R. 5585: Mr. YOUNG of Florida. HERSETH SANDLIN, Mr. NEAL of Massachu- of New York, Mr. ROYCE, Mr. HIGGINS, Mr. H.R. 5605: Mr. THOMPSON of Pennsylvania, setts, Mr. COURTNEY, Mr. DONNELLY of Indi- CASSIDY, Mr. FALEOMAVAEGA, Mr. LEWIS of Mr. GERLACH, Mr. DENT, Mr. ALTMIRE, Mr. ana, Mr. YARMUTH, Mr. SMITH of Washington, California, Mr. DJOU, Mr. MELANCON, and Mr. PATRICK J. MURPHY of Pennsylvania, and Mr. Mr. PATRICK J. MURPHY of Pennsylvania, Mr. UPTON. BRADY of Pennsylvania. STUPAK, Mr. ENGEL, Mrs. MALONEY, Mr. HOMPSON H. Con. Res. 261: Mr. TIAHRT, Ms. SHEA- H.R. 5606: Mr. T of Pennsylvania, MCMAHON, Mr. TONKO, Mr. WELCH, Mr. ERLACH ENT LTMIRE PORTER, Mr. TURNER, Mr. COHEN, and Mr. Mr. G , Mr. D , Mr. A , Mr. GEORGE MILLER of California, Mr. ARCURI, ATRICK URPHY HARPER. P J. M of Pennsylvania, and Mr. Mr. QUIGLEY, Mr. MAFFEI, Mr. MINNICK, Mr. RADY H. Con. Res. 267: Mr. PAULSEN. B of Pennsylvania. GRIJALVA, Mrs. MCCARTHY of New York, Mr. H.R. 5625: Mr. CONYERS. H. Con. Res. 274: Mr. SKELTON, Mr. MCCAR- RANGEL, Mr. LOEBSACK, Mr. LARSON of Con- H.R. 5644: Mr. MCGOVERN. THY of California, Mr. TAYLOR, and Mr. necticut, Mr. HALL of New York, Mr. CAR- H.R. 5652: Mr. ROTHMAN of New Jersey, Mr. MARCHANT. NEY, Mr. CROWLEY, Mr. OWENS, Ms. LORETTA QUIGLEY, Mr. DELAHUNT, and Ms. NORTON. H. Con. Res. 281: Mr. CULBERSON. SANCHEZ of California, Mr. COHEN, Mr. BAR- H.R. 5662: Mr. CARNEY, Ms. ROYBAL-AL- H. Con. Res. 292: Mr. CALVERT and Ms. ROW, Mr. CARDOZA, Mr. HILL, Mr. KRATOVIL, LARD, and Mr. FILNER. BORDALLO. Mr. HIGGINS, Mr. RYAN of Ohio, Mr. ADLER of H.R. 5663: Mr. KUCINICH, Ms. CHU, and Mr. H. Con. Res. 295: Mr. LATTA. H. Res. 173: Mrs. SCHMIDT and Mr. SKELTON. New Jersey, Mr. THOMPSON of California, Mr. COSTELLO. H. Res. 611: Mr. ARCURI, Mr. BOCCIERI, Mr. FOSTER, Mr. BOSWELL, Mr. COOPER, Mr. TAN- H.R. 5664: Mr. SCOTT of Georgia, Mr. LEWIS BUTTERFIELD, Ms. CLARKE, Mr. COSTELLO, NER, Mr. MOORE of Kansas, Mr. SCHRADER, of Georgia, Ms. PINGREE of Maine, Ms. NOR- Mr. COURTNEY, Mrs. DAVIS of California, Mr. Ms. HARMAN, Mr. SCOTT of Georgia, Mrs. TON, Mr. KISSELL, Mr. GEORGE MILLER of DOYLE, Mr. FRANK of Massachusetts, Ms. DAHLKEMPER, Mr. HOLDEN, Mr. CHANDLER, California, and Mr. FARR. FUDGE, Mr. GRIJALVA, Mr. HOLT, Mr. JOHN- Mr. BISHOP of Georgia, Mr. HEINRICH, and Mr. H.R. 5679: Mr. REHBERG and Mr. LINDER. SON of Illinois, Mr. KILDEE, Mr. KLEIN of LEVIN. H.R. 5680: Mr. AKIN, Mr. ARCURI, Mr. Florida, Mr. KUCINICH, Mr. LEWIS of Georgia, BERRY, Mr. BILBRAY, Mr. BILIRAKIS, Mr. Mr. LOEBSACK, Mr. MANZULLO, Mr. MARKEY f BISHOP of Utah, Mrs. BLACKBURN, Ms. of Massachusetts, Mr. MCMAHON, Ms. MOORE BORDALLO, Mr. BOREN, Mr. BRADY of Penn- of Wisconsin, Ms. NORTON, Mr. RUSH, Ms. sylvania, Mr. BROUN of Georgia, Ms. CORRINE DELETIONS OF SPONSORS FROM SUTTON, Mr. TONKO, and Mr. MCGOVERN. BROWN of Florida, Mr. BROWN of South Caro- PUBLIC BILLS AND RESOLUTIONS H. Res. 913: Mrs. CHRISTENSEN and Mr. lina, Mr. BURGESS, Mr. CAMP, Mr. CAO, Mr. HARE. Under clause 7 of rule XII, sponsors CARSON of Indiana, Mr. COBLE, Mr. COFFMAN H. Res. 1052: Mr. LANGEVIN. were deleted from public bills and reso- of Colorado, Mr. COHEN, Mr. COLE, Mr. H. Res. 1207: Mr. BACHUS and Mr. TAYLOR. lutions as follows: CONAWAY, Mr. CONNOLLY of Virginia, Mr. H. Res. 1226: Mr. SHADEGG, Mr. GINGREY of CRENSHAW, Mr. CULBERSON, Mr. CUMMINGS, H.R. 5621: Mr. PAUL. Georgia, Mr. MURPHY of Connecticut, Mr. Mr. LINCOLN DIAZ-BALART of Florida, Mr. CONYERS, and Mr. FRANK of Massachusetts. f DUNCAN, Mr. FORBES, Mr. FRANKS of Arizona, H. Res. 1285: Ms. ROS-LEHTINEN and Mr. Ms. FUDGE, Mr. GALLEGLY, Ms. GIFFORDS, COHEN. Mr. GOHMERT, Ms. GRANGER, Mr. GRAYSON, H. Res. 1308: Mr. DJOU and Mr. HONDA. PETITIONS, ETC. Mr. GENE GREEN of Texas, Mr. HALL of New H. Res. 1375: Mr. POLIS, Mr. DELAHUNT, Mr. Under clause 3 of rule XII, petitions York, Mr. HERGER, Mr. HINCHEY, Mr. GUTIERREZ, Mr. SESTAK, and Mr. BRADY of HINOJOSA, Mr. JACKSON of Illinois, Ms. JACK- and papers were laid on the clerk’s Pennsylvania. desk and referred as follows: SON LEE of Texas, Ms. JENKINS, Ms. EDDIE H. Res. 1390: Mr. BLUMENAUER and Mrs. BERNICE JOHNSON of Texas, Mr. JONES, Mr. CAPPS. 159. The SPEAKER presented a petition of KING of New York, Mr. KING of Iowa, Mr. H. Res. 1420: Mr. MCDERMOTT. Legislature of Rockland County, New York, KINGSTON, Mrs. KIRKPATRICK of Arizona, Mr. H. Res. 1431: Mr. BILBRAY, Mr. BURTON of relative to Resolution No. 251 of 2010 request- LATTA, Mr. LUETKEMEYER, Mrs. MALONEY, Indiana, Mr. MARCHANT, Mr. MCCOTTER, Mr. ing that the United States Senate pass S. Mr. MARCHANT, Mr. MCCAUL, Mr. MCCLIN- PETERSON, and Ms. NORTON. 2747, the Land and Water Conservation Au- TOCK, Mr. MCHENRY, Mrs. MCMORRIS ROD- H. Res. 1433: Mr. MORAN of Virginia, Mr. thorization and Funding Act of 2009; to the GERS, Mr. MEEKS of New York, Mr. MICA, Mr. BACA, Mr. PAUL, Mr. CRITZ, Mr. GORDON of Committee on Natural Resources. MICHAUD, Mr. GARY G. MILLER of California, Tennessee, Mr. OBERSTAR, and Ms. DEGETTE. 160. Also, a petition of Council, District of Mr. MILLER of Florida, Mr. MINNICK, Mr. H. Res. 1442: Mr. COBLE, Mr. KIRK, Mr. Columbia, relative to Council Resolution 18- MOORE of Kansas, Mr. MORAN of Kansas, Mrs. KINGSTON, Mr. WITTMAN, Mr. WOLF, Mr. 485, the ‘‘Sense of the Council in Support of MYRICK, Mrs. NAPOLITANO, Mr. NEUGEBAUER, CAMPBELL, Mr. SABLAN, Mr. MCNERNEY, and Uniting American Families Act Resolution Ms. NORTON, Mr. NYE, Mr. OLVER, Mr. PETRI, Mr. TURNER. of 2010’’; to the Committee on the Judiciary.

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Vol. 156 WASHINGTON, WEDNESDAY, JULY 14, 2010 No. 104 Senate The Senate met at 10 a.m. and was appoint the Honorable TOM UDALL, a Senator The legislative clerk read as follows: called to order by the Honorable TOM from the State of New Mexico, to perform A bill (H.R. 5618) to continue Federal un- UDALL, a Senator from the State of the duties of the Chair. employment programs. New Mexico. DANIEL K. INOUYE, President pro tempore. Mr. REID. I object to any further proceedings at this time. Mr. UDALL of New Mexico thereupon PRAYER The ACTING PRESIDENT pro tem- assumed the chair as Acting President The Chaplain, Dr. Barry C. Black, of- pore. Objection is heard. The bill will pro tempore. fered the following prayer: be placed on the calendar. f Let us pray. f Almighty God, by Your providence, RECOGNITION OF THE MAJORITY RECOGNITION OF THE MINORITY You gave us a nation conceived in lib- LEADER erty and dedicated to equal justice for LEADER all. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Today, infuse our lawmakers with pore. The majority leader is recog- pore. The minority leader is recog- this spirit of liberty and justice so that nized. nized. their labors will reflect Your purposes f f and plans. May their knowledge of your SCHEDULE providential purposes keep them from SMALL BUSINESS JOBS BILL detours that lead away from abundant Mr. REID. Mr. President, following Mr. MCCONNELL. Mr. President, my living. May their small successes leader remarks, the Senate will pro- friend the majority leader mentioned prompt them to attempt larger under- ceed to a period of morning business the small business jobs bill. I recently takings for human betterment. As they until noon. Senators will be allowed to had an opportunity to talk to Senator seek to do Your will, bless them with speak for 10 minutes each during that SNOWE, who is the author of that legis- the awareness of the constancy of Your period. The majority will control the lation. I assured her we are anxious to presence. Lord, guide them by Your first 30 minutes and Republicans will move forward. I appreciate his bringing higher wisdom and keep their hearts at control the next 30 minutes. up the discussion we have been having peace with You. We are working hard to come to about reaching a consent agreement We pray in Your great Name. Amen. agreement on amendments dealing that would allow us to expedite the f with the small business jobs bill. I had bill. I know my friend from Nevada a conversation with the Republican shares my view that small business is PLEDGE OF ALLEGIANCE leader last night. We are hopeful we an area that needs attention. We are The Honorable TOM UDALL led the can reach agreement to move forward going to continue to try to come to Pledge of Allegiance, as follows: on that legislation today. We have to agreement to move forward with that I pledge allegiance to the Flag of the have consent to move off Wall Street very important piece of legislation United States of America, and to the Repub- reform, but I think that will not be a which I support and I believe most lic for which it stands, one nation under God, problem. Members of my conference do as well. indivisible, with liberty and justice for all. As a reminder, yesterday I filed clo- Mr. REID. Mr. President, as I have f ture on the conference report to ac- said before, this legislation is bipar- APPOINTMENT OF ACTING company H.R. 4173. That cloture vote tisan. Most of the bill has been crafted PRESIDENT PRO TEMPORE will occur sometime tomorrow morn- in the past when Senator SNOWE was ing. I will work with the Republican chairman of the Small Business Com- The PRESIDING OFFICER. The leader to come up with a time that is mittee. I am glad to hear my friend clerk will please read a communication convenient to both sides. Senator SNOWE has had a conversation to the Senate from the President pro with the Republican leader. That is tempore (Mr. INOUYE). f good news. We will see what we can do The legislative clerk read the fol- MEASURE PLACED ON THE to move on. I hope everyone realizes lowing letter: CALENDAR—H.R. 5618 that jobs in America are not created in U.S. SENATE, Mr. REID. I understand H.R. 5618 is large numbers by big companies; it is PRESIDENT PRO TEMPORE, Washington, DC, July 14, 2010. due for a second reading. small businesses. To the Senate: The ACTING PRESIDENT pro tem- In the past few months, we passed a Under the provisions of rule I, paragraph 3, pore. The clerk will read the bill for relatively small piece of legislation, of the Standing Rules of the Senate, I hereby the second time. but it has been extremely helpful to

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

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VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.000 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5798 CONGRESSIONAL RECORD — SENATE July 14, 2010 small business. We extended the high- Mr. CARPER. Mr. President, I ask go out and recover as much of the way bill for a year. That saved 1 mil- unanimous consent that the order for money as we can. lion jobs in America, hundreds of jobs the quorum call be rescinded. Why is this important? Well, I think in Nevada. We also had a provision that The ACTING PRESIDENT pro tem- we all know our Nation has a large and was unique and has created some jobs pore. Without objection, it is so or- growing debt. I am not so sure when that has been extremely helpful. If dered. the Acting President pro tempore somebody is out of work for 60 days, Mr. CARPER. Good morning, Mr. joined the House of Representatives, they can be hired for 30 hours. We don’t President. but I believe he may have been there set what price they can be hired, the f by the end of the Clinton administra- minimum wage or whatever. At the end tion and may recall when we actually IMPROPER PAYMENTS of their report period for withholding, had balanced budgets. We went from they don’t have to pay the withholding Mr. CARPER. Mr. President, I rise 1968—I want to say to 2000—maybe tax. At the end of a year, we give them today to applaud, really, to share with 2001—when we actually balanced our a $1,000 tax credit for every employee. our colleagues an important step by budget. We also did something that was totally Congress to curb waste and, I think, I remember being in a hearing here in bipartisan, a bill developed by Senators fraud within the Federal Government. the Senate where one of our wit- SCHUMER and HATCH. That is what I Later today our colleagues over in the nesses—I am not sure; I think some- just talked about. That was totally bi- House, where both the Acting Presi- body from the Federal Reserve maybe, partisan. We had another provision in dent pro tempore and I once served, are maybe somebody from Treasury—actu- that bill that said that a small busi- expected to approve a piece of legisla- ally expressed concerns at the time ness, if they wanted to buy a piece of tion—not a sexy title, but it is called that we were in danger of paying down equipment, whether it was an auto- Improper Payments Elimination and our debt too quickly and that we had mobile, furniture, whatever it might Recovery Act—and then they are going some threat of destabilizing our finan- be, no longer had to depreciate that. to send that bill to the President for cial system or our economy. Imagine Up to $250,000, they could simply write his signature. that: a decade ago concerns about pay- it off. We also added to that bill some Every year, for about the last 6 or 7 ing down our debt too quickly. money for Build America Bonds which years, Federal agencies have been re- Well, we did not do that. We did not local governments loved. That has cre- quired by law—important payments pay down our debt at all. Between 2001 ated some jobs, but it is relatively law signed by George W. Bush—to re- and 2008, we doubled our Nation’s debt. small compared to the other things we view their payments and to figure out In those 8 years we ran up as much new have in this bill before the Senate now. which ones were appropriate and which debt as we did in the previous 208 years I am glad to hear what the distin- ones were inappropriate. Initially, back of our Nation’s history. We are on guished Republican leader had to say in the middle of the last decade not course now—even though we are start- about that. very many agencies complied with the ing to see deficits that begin to trend Mr. MCCONNELL. The majority lead- new law. But thanks to the persever- down—to double our Nation’s debt er is entirely correct about the impor- ance of OMB and the commitment of a again over the next decade, unless we tance of small business. We know it number of agency and department do some things dramatically different. creates the vast majority of jobs. There heads, over time more and more Fed- Our President, to his credit, has sug- is no question that small business at eral agencies have begun reporting im- gested among the things we do are this particular point is kind of frozen proper payments, mostly overpay- these: No. 1, to put an overall freeze on with concern about the economy, about ments. domestic discretionary spending, start- increased regulation, the potential for As we gather here today, there is ing with this October 1, for the next 3 increased taxation as well. Senator still a number of very large agencies years. Certain programs within the SNOWE has certainly been the leader on that do not comply with the law. The overall discretionary spending budget our side on focusing on small business Department of Defense is a huge can go up, some can go down, but over- and small business job development. I expender of taxpayer money. The De- all, for 3 years, a freeze, and not a am hoping we can work out a way to go partment of Defense does not comply freeze that is just adjusted with the forward on a bipartisan basis. It sounds with the law. The Department of cost of living but an actual freeze on to me as though both sides agree on Homeland Security complies in part nominal dollars. the premise. Now if we can get a proce- with the law. If you look at Medicare, The second thing he suggested we dure for moving forward, hopefully we for Medicare Parts A and B, I believe do—when we tried to do this on the can address this most important sub- they actually do a fairly decent job of floor, seven of our Members who co- ject. complying with the law but for Parts C sponsored the legislation, the Acting f and D they do not. President pro tempore may recall, RESERVATION OF LEADER TIME But even without the full compliance ended up voting against it. But the of all Federal agencies reporting their idea was to create a commission, much The ACTING PRESIDENT pro tem- improper payments, last year close to as we have had earlier commissions, pore. Under the previous order, the $100 billion of improper payments were and especially back in 1982 we created leadership time is reserved. reported by the agencies that are al- a commission—President Reagan was f ready reporting them. That does not the President, Tip O’Neill was the MORNING BUSINESS include the Department of Defense. It Speaker—to actually examine Social The ACTING PRESIDENT pro tem- does not include all of Homeland Secu- Security, which was about to run out pore. Under the previous order, there rity. Frankly, it does not include some of money. They came up with a bunch will now be a period of morning busi- other major programs of the Federal of ideas that were adopted and imple- ness until 12 noon, with Senators per- Government. mented in 1983. mitted to speak therein for up to 10 But the good news here is that, one, But anyway, when we failed to adopt minutes each, with the time equally di- agencies are beginning to report their by law and create a statutory commis- vided and controlled between the two improper payments. That is good. The sion on deficit reduction to look at en- leaders or their designees, with the ma- second thing we want them to do is titlements, to look at revenues, our jority controlling the first 30 minutes stop making the improper payments. President, by executive order, created and the Republicans controlling the The third thing we want them to do is the commission. Erskine Bowles is one next 30 minutes. to figure out where the improper pay- of the cochairs, former Chief of Staff to Mr. REID. I suggest the absence of a ments have gone, especially the over- President Clinton. Alan Simpson, a Re- quorum. payments, and go out and recover the publican Senator, retired, from Wyo- The ACTING PRESIDENT pro tem- money. That is what we are about here: ming is the other cochair. The people, pore. The clerk will call the roll. identify the improper payments and for the most part, on the commission The legislative clerk proceeded to once they have been identified, stop are very serious, very smart people. call the roll. making them. And the third thing is to They have been meeting quite a bit.

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.001 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5799 Their job is to come back to us and tell for them and maintenance, and so about who the next Associate Justice us, later this year, some ways they forth, and crew them. They said there of the Supreme Court will be because think we could actually reduce the is a more cost effective way to meet the decisions of the Supreme Court af- deficits further, through entitlement our airlift needs, suggesting what that fect your life. If you work, if you are a spending and looking at revenues and might be, in part to modernize some woman, if you vote, if you care about the way we collect money. older C–5As and Bs, and help make the air you breathe or the water you There are still some other things we them more efficient and more depend- drink, if you are a consumer, you need need to do. I want to mention a few of able. We are already starting to do to be concerned about the Supreme those. One of those deals is what I call that, and it is actually very encour- Court of the United States. the tax gap. The IRS reported that in aging. The Constitution protects us from the last decade some $300 billion of What else can we do? We can do little the abuses of power, whether those taxes that have been owed are going things. I read in the news, maybe 2 powers are generated by government or uncollected, and in many cases we weeks ago, we decided to go almost en- powerful special interests. The Su- know who owes the money. We have tirely to direct deposits and to move preme Court was designed to be the some idea how much they owe. Despite away from paper check. It does not protector of our constitutional rights. efforts in the past to close that tax save a huge amount of money, maybe We the people of the United States— gap, it is still too large, and we need to $5 million a year, $50 million over 10 ‘‘We the people’’— further continue to concentrate on years, but it is the kind of thing we that. My hope is, in part, this deficit ought to do. in Order to form a more perfect Union, estab- reduction commission can help us with Another idea that has been kicked lish Justice, insure domestic Tranquility, provide for the common defence, promote that. In the meanwhile, I know the Fi- around for years is whether we ought the general Welfare, and secure the Blessings nance Committee and others in the to give the President something like of Liberty to ourselves and our Posterity, do House are endeavoring to reduce the statutory line-item veto power. Most ordain and establish this Constitution for tax gap. Governors have line-item veto power, the United States of America. A second thing we want to do is to mostly through their State’s constitu- The authors of the Constitution un- change the way we manage and dispose tion. Is that a good idea? We tried to do derstood the timeless idea that justice of surplus property. The Federal Gov- it in the House in 1992, to give like a 2- was paramount. After questioning So- ernment is a huge owner of surplus year test drive, to enhance the Presi- licitor General Kagan and listening to properties. We do not use them all. A dent’s rescission power. That died in her testimony for a week, I am con- lot of them are vacant. We pay security the Senate. vinced she has a clear understanding of costs to secure them. We pay utility Senators FEINGOLD, MCCAIN, and I how profound an impact her future de- costs. We pay maintenance costs in have come up, working with the admin- cisions may have on the lives of every- many cases. But we, for the most part, istration, on a 4-year test drive that we day Americans. and too often, do not sell them. We do think will meet constitutional muster, Based on the hearing and the con- not dispose of them. and to not give forever the President versations I have had with her, I am There is legislation that has been in- strength in rescission powers, but to troduced again in this Congress, work- confident she will put the interests of make his powers real and to require us the American people and justice for the ing with OMB, working with some of to vote on them. It requires us to vote the homeless groups, to try to make American people first, above popular on the President’s proposed rescissions. opinion or politics. sure their concerns are addressed, but The ACTING PRESIDENT pro tem- As Solicitor General Kagan said in that at the end of the day we should pore. The Senator’s time has expired. not be continuing to own and maintain Mr. CARPER. Mr. President, in clos- her opening statement to the com- and secure and provide utilities for ing, I want to come back later today mittee, equal justice under law ‘‘means thousands of pieces of property, build- and talk about the Improper Payments that everyone who comes before the ings we do not need and we do not use. Act, which is going to be passed by the Court—regardless of wealth or power or Another area deals with weapons sys- House today and I hope signed by the station—receives the same process and tems. It was reported back in 2001 that President, to speak about why that is protections. . . . What it promises is we spent $45 billion in cost overruns for another important step to get our fis- nothing less than a fair shake for every major weapons systems. Think about cal house in order. I appreciate the op- American.’’ that: $45 billion in 2001 on cost over- portunity to begin that discussion this During the confirmation hearings, I runs for major weapons systems. We morning. asked Solicitor General Kagan about got an update on that about a year or I thank you chair. civil rights, campaign financing, and two ago, and it was no longer $45 bil- The ACTING PRESIDENT pro tem- our environment. I used those three lion. That is the good news. The bad pore. The Senator from Maryland is areas to demonstrate how important news is, it is about $295 billion. recognized. the decisions of the Supreme Court can be in the lives of everyday Americans. We had a big debate here last fall, f some will recall, on whether we ought My concerns about recent Supreme to continue to buy F–22 aircraft that NOMINATION OF ELENA KAGAN Court decisions were an activist court cost roughly $300 million a copy at Mr. CARDIN. Mr. President, next that, by the narrowest margins—usu- about a 55-percent mission capable week, the Senate Judiciary Committee ally 5-to-4 decisions—reversed prece- rate, which means on any given day will be voting on the nomination of dent, legislated from the bench, and only about 55 percent of them can fly. Elena Kagan to be the next Associate ruled on the side of businesses over in- It costs about $45,000 a flight hour. Justice of the Supreme Court of the dividual rights. They have never flown a single mission United States. This vote in the Judici- In civil rights, I think the impor- in Iraq, a single mission in Afghani- ary Committee follows 4 days of hear- tance of the Supreme Court was under- stan. The question is, are we going to ings on her nomination. As the Acting scored by the decision of Brown v. continue to buy them? That is the kind President pro tempore knows, she is Board of Education which opened edu- of thing we do not need to do. currently the Solicitor General of the cational opportunity for the people of We had a hearing yesterday in our United States. We not only had 4 days this Nation. I pointed out during the Homeland Security and Governmental of hearings, every member of the Judi- hearings before the Judiciary Com- Affairs Committee on whether we ciary Committee had ample oppor- mittee that it was Thurgood Marshall, ought to continue buying C–17 aircraft. tunity to ask questions and get re- a young attorney from Baltimore, who It is a cargo aircraft, a great aircraft. sponses from Ms. Kagan. We heard argued that case before the Supreme We have about 200, almost 230 of them. from outside witnesses, some who were Court and then became, as the Pre- The Pentagon says we do not need directly affected by decisions of the siding Officer knows, the first African- them, we do not need any more. They Supreme Court of the United States. American Justice on the Supreme say they only need about 190 or 200, no We reviewed tens of thousands of pages Court of the United States, and one of mas, no more. They cost about a quar- of documents. his law clerks was Elena Kagan. ter billion dollars apiece, plus we have I pointed out during these hearings Recent decisions of the Supreme to operate them and provide hangars why Americans should be so concerned Court underscore my concern as to

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.002 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5800 CONGRESSIONAL RECORD — SENATE July 14, 2010 whether the Supreme Court is fol- Congress certainly has broad authority HONORING OUR ARMED FORCES under the Constitution to enact legislation lowing legal precedent to protect the SPECIALIST EDWIN C.L. WOOD involving the protection of our environment. civil rights of the people of our Nation. Mr. JOHANNS. Mr. President, I rise The Ledbetter decision dealt with gen- When Congress enacts such legislation, the job of the courts is to construe it consistent today to remember and to pay tribute der equity. Here the Supreme Court, by with Congressional intent. to a fallen hero, U.S. Army SPC Edwin a 5-to-4 decision, reversed precedent C.L. Wood of Omaha, NE. and the clear intent of Congress to Well, that is the type of person I Edwin was a proud member of B deny women the opportunity to effec- would like to see, and I hope all of us Troop, 1st Squadron, 71st Armored tively enforce their rights for equal would like to see, on the Supreme Regiment of the 10th Mountain Divi- pay by saying to Ms. Ledbetter that Court of the United States, giving due sion operating in Kandahar. As many she had to bring her case on pay dis- deference to Congress as the legislative have heard, this area is a Taliban crimination within 180 days of the dis- body under the Constitution. She said: stronghold and one of the most dan- crimination, although it was impos- The job of the courts is to construe the gerous areas in Afghanistan. sible for her to discover she was being laws consistent with congressional in- On July 5, only a few weeks after ar- discriminated against during that pe- tent. riving there, Specialist Wood was riod of time. Now we have taken action I am puzzled by those who have de- killed when an improvised explosive in the Senate to reverse that, and fended these Supreme Court decisions device detonated near his vehicle. His President Obama signed legislation to that have taken away our citizens’ death is a great loss to our Nation and reverse it, but the Supreme Court rights for civil liberties and civil rights to Nebraska, his home State. People in never should have ruled against Amer- and who say that corporations don’t his home community of Omaha recall ican workers and women in the have enough power in this country so Eddie’s big heart, his willingness to Ledbetter decision. they need more power; who have jeop- jump right in to help out, and his long- I also mentioned the Gross decision ardized our environment and have sup- standing love for the military. He was which deals with age discrimination ported those decisions, even though it a leader of the North High School Jun- where the Supreme Court reversed its reverses previous precedent and even ior ROTC Program. He served as a own precedent and clear congressional though it is legislating from the counselor and a mentor at the YMCA intent to deny an effective remedy on courts, reversing congressional action. Camp in Crescent, IA, and from an age discrimination, changing the Those who profess to be against judi- early age participated in military re- standards in order for a person to be cial activism have supported those de- enactments with his father. Also from able to bring a case. cisions by the Supreme Court of the an early age he loved wearing uni- I talked about campaign finance and United States. forms. His nickname was ‘‘Freckles,’’ the Citizens United case where the Su- I am confident Elena Kagan will fol- which also fit his cheerful, helpful per- preme Court, again by a 5-to-4 decision, low legal precedent. She will respect sonality. reversed precedent, reversed congres- the rights of the Congress of the United After graduating from North High sional action, and allowed more cor- States to legislate. She will protect our School in 2009, it did not take long to porate money into our election system. rights against the abuses of power, decide that the U.S. Army was the Corporations don’t have enough power whether it is from the government or place for him. Specialist Wood’s Army already? The Supreme Court gave cor- from powerful corporate special inter- career was short yet very intense. porations even more influence in our ests. She will respect the rights of the After entering the Army in October Federal election process. people of this Nation that the Con- 2009, he breezed through basic and ad- I was impressed, and I think the stitution was so well designed to deal vanced training before arriving at Fort members of the Judiciary Committee with. Drum. Fort Drum is the home of the were impressed, that the first case So- elite 10th Mountain Division which spe- licitor General Kagan decided to argue Lastly, let me say she is well quali- cializes in fighting under harsh terrain before the Supreme Court was to try to fied to serve on the Supreme Court of and weather conditions. uphold our action in Congress regard- the United States. She was the dean at Specialist Wood wanted to serve with ing campaign finance reform. I think Harvard Law School, Solicitor General the best, and his wish came true. With- Justice Stevens got it right when he of the United States, commonly rein a month, he deployed to the said: ferred to as the 10th justice because of Kandahar region of Afghanistan. Essentially, five Justices were unhappy how closely she has worked with the Shortly thereafter he first encountered with the limited nature of the case before us, Supreme Court. She has received bipar- the enemy that attacked with an im- so they changed the case to give themselves tisan support from those who know her provised explosive device. Despite lin- an opportunity to change the law . . . there best. Former Solicitors General of the gering effects from his injuries, he were principled, narrower paths that a Court United States, appointed by both chose to stay in the fight with his B that was serious about judicial restraint Democrats and Republicans, support Troop buddies. could have taken. her nomination to be the next Asso- The decorations and badges earned Then, in the environmental arena, I ciate Justice of the Supreme Court of during a far too brief Army career mentioned the Rapanos case where the the United States. When we confirm speak to his dedication and they speak Supreme Court, once again by a 5-to-4 her appointment, she will be one of to his bravery: the Army Service decision, reversed the clear intent of three women to serve on the Supreme Medal, the Army Good Conduct Medal, Congress and legal precedent to re- Court of the United States, the first the National Defense Service Medal, strict the Environmental Protection time in the history of America and a the Afghanistan Campaign Medal with Agency’s ability to protect the clean proud moment for this body to confirm Bronze Service Star, the Global War on waters of our Nation under the Clean her nomination. Terrorism Service Medal, the Overseas Water Act. Then, once again, in Exxon Next Tuesday, I will vote to confirm Service Ribbon, NATO Medal, Bronze v. Baker, the Supreme Court just very Elena Kagan to be the next Associate Star Medal, and the Purple Heart. recently restricted the amount of Justice of the Supreme Court of the He proudly wore the Combat Action claims that can be brought in regards United States. I look forward to when Badge, the Expert Marksmanship to polluters in the Exxon Valdez issue. each Member of the Senate will have Badge with Rifle Bar, and the Overseas That is of particular concern to all of an opportunity to vote on her con- Service Bar. us who are trying to make sure those firmation, and I hope it will be an over- Today, I join Specialist Wood’s moth- who have been victimized by the BP whelming confirmation for her to serve er and father, siblings and friends in oilspill have an effective remedy and the American people on the Supreme mourning the death of their beloved that taxpayers don’t have to provide Court of the United States. son, their brother, their friend. bailout for the damages caused by BP Specialist Wood made the ultimate Oil. With that, I yield the floor. sacrifice in defense of our great Nation, Solicitor General Kagan stated, in The ACTING PRESIDENT pro tem- and we owe him and his family an im- answer to questions before us: pore. The Senator from Nebraska. measurable debt of gratitude. May God

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.004 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5801 be with the Wood family and all those company, would come in and make the said Jack, who is an extraordinarily who mourn his death and celebrate his parties whole. talented public servant, is fit for the life and his accomplishments. We will They overextended themselves. In so Hall of Fame. I am sure Jack Lew, a remember Specialist Wood when recall- doing, as these commercial trans- modest man, would dispute that. The ing the Nation’s warriors who gave actions started to fail, AIG did not record speaks for itself. their lives so we might live in peace. have sufficient reserves to meet their In his former capacity as Budget Di- Their names are etched on the con- promises. There was a fear that if they rector under President Clinton, Jack science of this Nation. started this cascading effect of failures Lew, in January of 2001, left President I offer my prayers to all those serv- and the inability of AIG to keep its George W. Bush a surplus in the Fed- ing in uniform today and especially promise, it would result in a panic in eral Treasury of $236 billion. That is an those serving in peril overseas. May our economy and a decline, which amazing legacy, to end 8 years of Presi- God bless them and their families and would have been even more precipitous dent Clinton’s administration with a see them through these difficult times. than what we had imagined. surplus in the Federal Treasury, the Mr. President, I yield the floor. It was at this meeting that Ben deficit coming down, Social Security I note the absence of a quorum. Bernanke of the Federal Reserve said getting stronger, and to hand it off to The ACTING PRESIDENT pro tem- they were going to provide significant President Bush. At that moment in pore. The clerk will call the roll. resources to AIG to help them weather time, the accumulated debt of the The legislative clerk proceeded to this crisis. It came as a surprise to United States of America from the call the roll. many of us in the room, unaware of the time of George Washington until the Mr. DURBIN. Mr. President, I ask fact that the Federal Reserve had both end of the Clinton Presidency was ap- unanimous consent that the order for the resources and the legal authority proximately $5 trillion. Eight years the quorum call be rescinded. to do that. It is an authority that had later when President George W. Bush The ACTING PRESIDENT pro tem- not been exercised, to my knowledge, left office, the accumulated debt of pore. Without objection, it is so or- since it was first created almost 80 America had grown from $5 trillion to dered. years ago. $12 trillion—more than doubled in an 8- Mr. DURBIN. Mr. President, I ask That was the first meeting. It was an year period of time. Instead of leaving unanimous consent to speak as in indication of a terrible, rocky, rough to President Obama a surplus, as Presi- morning business, and I ask I be given road ahead for America and ultimately dent Bush had inherited from President as much time as needed. I promise not for the world. Subsequent meetings Clinton, he left him a $1.3 trillion def- to abuse that, but it may go slightly were even more alarming, as we were icit. President Bush’s administration, beyond the 10 minutes. told by Secretary of the Treasury Hank which was dedicated to balancing the The ACTING PRESIDENT pro tem- Paulson that unless we came up with budget and conservative fiscal policy, pore. Without objection, it is so or- $800 billion in what was known as the more than doubled the national debt dered. TARP fund, which would be used to ba- that had been accumulated by America The Senator from Illinois is recog- sically bail out the largest financial in- in its entire history, and instead of nized. stitutions in America, America’s econ- leaving a surplus for incoming Presi- f omy and the global economy could col- dent Obama, left him a gaping hole in lapse. I have been involved in public FINANCIAL REGULATORY REFORM the budget. life for a number of years. That is the In that context, we have many chal- Mr. DURBIN. Mr. President, probably type of conversation you never forget. lenges, but one of the challenges is to tomorrow morning, we will consider Many of us were at a loss to argue the make sure we never, ever again experi- this conference report, which is his- other side of the case that the problem ence what happened with these terrible toric in its impact on America. It is was not that large or that the response decisions being made on Wall Street the conference report of the Banking did not have to be that significant or and the virtual collapse or decline of Committees of the House and Senate, that the strategy and tactics were not the American economy, which led us which were charged with the responsi- the right ones. This was really un- into our deficit situation, to the busi- bility to reform the financial laws in charted water. We relied on our eco- ness losses across America, and record America, to make certain that our nomic leaders from the Federal Re- levels of unemployment. country never faces again what we serve and from the Department of the President Obama challenged us to faced a short time ago under President Treasury to suggest what we needed to come forward with Wall Street reform, Bush. do to go forward. change the way we do business on Wall We can remember that at the end of This rescue operation had some real Street so we never have to go through the President’s term, when the econ- value, I believe, in slowing down the this again. Let’s not have a repeat of omy started to go into a tailspin. I re- decline in our economy. But just a few this economic disaster. I commend member it very well because there was weeks after that, the election of the Chairman Chris Dodd and Chairman a special meeting called in October of new President, Barack Obama, really Barney Frank for the extraordinary ef- 2008 of the leaders of the House and gave to him and the new administra- fort they put into this conference re- Senate—Democratic and Republican— tion economic challenges which no pre- port. to meet with the Chairman of the Fed- vious administration had ever faced. More than 2 years after Bear Stearns eral Reserve, Ben Bernanke, and the When the President came to office, in failed, more than 18 months since Wall Treasury Secretary, Mr. Paulson, to the month he was sworn in, almost Street brought America to the brink of discuss a matter of great urgency. 750,000 were losing their jobs. In the another depression, more than a year Those types of meetings are rare span of the next 60 and 90 days, the after President Obama provided his around here, and everyone was a little numbers grew. The President walked outline for strong financial reform, fi- nervous as we entered the room that is into a terrible situation, with the econ- nally Wall Street reform is coming. a few feet away from the Senate Cham- omy still in decline, with the TARP After 8 million Americans—actually, ber. program President Bush had started in more than 8 million Americans—have These two leaders of our economy process but not completed, with unem- lost their jobs; after more than 1.2 mil- came forward and told us that we were ployment reaching modern-day record lion Americans have lost their homes; facing the collapse of major businesses levels, and with no end in sight. He in- after the American average household in America. Specifically, they pointed herited the biggest deficit in the his- has lost 20 percent of its accumulated to the collapse of AIG. It was an insur- tory of the United States from Presi- wealth and savings, finally Wall Street ance company—the largest in our coun- dent Bush. What a contrast to what reform will help prevent such a crisis try. Unfortunately, they had engaged President Bush inherited 8 years be- from ever occurring again. in some practices where it had prom- fore. As we began this debate in the Sen- ised as an insurance policy that it Yesterday, when President Obama ate several months ago, we were faced would back up commercial trans- named Jack Lew as the new head of the with a series of challenges and ques- actions. If they fail, AIG, the insurance Office of Management and Budget, he tions:

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.005 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5802 CONGRESSIONAL RECORD — SENATE July 14, 2010 Should we give America’s consumers they can implement the new powers you how much the banking lobbyists the strongest consumer protections in given them by this law. hate this provision. They came to my our history or should we allow Wall Third, the bill strengthens the regu- office and said: This is the worst idea Street to continue to do business as latory structure that oversees the fi- possible, to have an agency that is usual, complete with the fine print, the nancial industries. That will help us going to watch the documents we put tricks and the traps, and the shadowy identify and address failures at these in front of our borrowers to make sure markets we have today in America? institutions that are not properly man- they do not include deceptive language, Should we empower consumers to aged either by bank leadership or by tricks, and traps that could literally make informed choices for themselves pressure from the debt and equity mar- cost a person, a family, the money they and their own economic future when it kets. A new Financial Stability Over- have saved. Fortunately, we overcame comes to mortgages, credit cards, and sight Council will require regulators to that lobby and included this consumer student loans by forcing banks and work together more closely to mini- financial protection agency as part of credit card companies to offer clear mize systemic risks. A new resolution the act. Finally, there is going to be a terms in plain English or should we authority will give regulators tools single voice in Washington, DC, with allow Wall Street and the predatory they lacked when Lehman Brothers the mission of helping consumers make lenders to continue to skirt the law, was in meltdown. And risky derivatives the right decisions for themselves. knowing there is no cop on the beat to will be brought out of the shadows and Second, small businesses and mer- enforce it? into transparent clearinghouses and chants will receive relief from one of Should we force the Wall Street exchanges so that the transactions can their largest expenses over which they banks to make their big gambling bets be seen rather than hidden from public currently have no control—debit card interchange fees. For most people, they on commodities and everything else scrutiny. they can dream up out in the open, on That is all very important, but out- never heard of it. But ask a restaurant, fully transparent exchanges, or should side Washington and New York, many a business, a grocery store in Iowa, in Illinois, or in New Mexico what is the we allow Wall Street to continue run- American families and small busi- biggest pain in the neck they are running a multitrillion-dollar shadow ca- nesses are basically going to ask: That ning into, and they will tell you that sino, one nobody can monitor, one that is all well and good, Senator. What is on the short list is the money they allowed AIG to nearly cripple the en- in it for us? have to pay to Visa and MasterCard tire financial system? The Dodd-Frank conference report and other credit card and debit card Should we protect the taxpayers so will bring basic accountability and companies every time a customer uses they never again are faced with bailing fairness to consumers and small busi- a card. You don’t think about it, do out the biggest banks in America? nesses across the Nation. you, that when you hand over that First, a new Bureau of Consumer Fi- And—let me add insult to injury—after credit or debit card to pay for your res- we put all our hard-earned tax dollars nancial Protection will protect con- taurant bill, not only do you have an into bailing out the big banks, they sumers of financial products from the obligation to pay what you have just showed their gratitude by giving bo- worst forms of abusive lending. charged but the restaurant is going to One of the benefits of this job is we nuses, multimillion-dollar bonuses, to end up paying a percentage of your bill one another. Should we change that? get to meet some of the most impres- to the card company. That was one of the questions facing us sive people in America. One of those It turns out that small businesses when we debated this legislation. persons is a woman named Elizabeth and merchants across America have This conference report has the right Warren. She is a law school professor literally no strength, no power, no answers to those questions. The Dodd- at Harvard. Several years ago, Pro- voice in determining these interchange Frank Wall Street Reform and Con- fessor Warren came and spoke to us at fees. We are becoming more and more a sumer Protection Act accomplishes one of these weekend getaways we have plastic culture. Our young pages here two basic goals: It substantially re- to try to think beyond the pressing in the Senate—and I think of my own duces the risk that financial markets business of today in longer terms. She children—many of them don’t carry will cause the economy to implode said what we need in this country is an much cash around any more. They again, and it empowers consumers and agency that helps consumers have have little plastic debit cards and cred- small businesses to make better finan- enough information so they can make it cards which they use when they be- cial choices. the right choices for themselves when come of age and are eligible for them. To reduce the risk of another finan- they are making financial decisions. More than half the transactions in cial crisis, this bill strengthens three I went up to her after her remarks, America now are done in plastic. As traditional layers of oversight of finan- and I said: Professor Warren, I want to more of these transactions take place, cial institutions: introduce that bill. Will you help me the merchants and businesses which First, the bill improves basic bank write it? honor the cards find that the inter- governance so institutions are run And she did. I introduced the earliest change fees charged by the credit card more carefully and more prudently. Ex- legislation on this issue. My version of companies are virtually uncontrol- ecutive pay and banking is going to be it has been included in this bill but lable, until this bill. tied more closely to long-term gains changed. I think they have improved For years, Visa and MasterCard, and rather than massive risk-taking, short- substantially on the original bill I of- their big bank backers, have unilater- term thinking, and mortgages and fered, but credit should be given where ally fixed prices on the fees small busi- other loans will have to be under- it is due. Professor Warren inspired me nesses pay every time they accept a written much more carefully. to write my bill and I know inspired debit card from a customer. The two Second, the bill helps creditors and many on the conference committee to giant card networks control 80 percent investors spot problems more easily at follow through and pass this legisla- of the debit card market—that is Visa banks that continue to be run poorly. tion. and MasterCard. And it is no surprise That imposes an extra layer of dis- Lenders will have to compete for that debit interchange fees have risen, cipline when bank boards fall asleep at business based on good loans rather even as the price of processing the the wheel. Credit rating agencies and than competing to dream up clever transaction has fallen. They can im- the SEC will provide much better infor- tricks in order to drain as many dollars pose these prices and say to the local mation to investors in both the debt as possible out of borrowers’ pockets. businessperson: Take it or leave it. and equity markets than investors Finally, there is going to be a cop on Small businesses in Illinois and have today. I might add, as chairman the beat with this consumer financial throughout the country have pleaded of the subcommittee which funds both protection agency to ensure that mort- over and over again with these card the Securities and Exchange Commis- gage brokers, private student lenders, network giants: Give us some way to sion and the Commodity Futures Trad- payday lenders, banks, and credit reduce these costs so that we can reach ing Commission, we are dramatically unions provide consumers with com- profitability, hire more people, and increasing the resources for each of plete information so families can make prosper as a business and pass on sav- those watchdog agencies to make sure good financial choices. I cannot tell ings to consumers.

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.007 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5803 The conference report that we have wholeheartedly support this bill’s pas- cratic forms of government, and tell before us will require the Federal Re- sage. On behalf of consumers and small them: Oh, it is okay to have a minority serve to ensure that Visa, MasterCard, businesses in Illinois and throughout decide what you vote on. They have to and their big bank allies can only the country, who want the power to scratch their heads and say: What are charge debit interchange fees that are make wise financial choices, I whole- you talking about? We need a majority. reasonable and proportional to the cost heartedly support this bill. I am going Yet here in our own country, a minor- of processing each transaction. It also to urge my colleagues to vote yes on ity rules in the Senate. prevents Visa and MasterCard from en- this conference report so that Presi- I know a lot of polls show that people gaging in certain specific anticompeti- dent Obama can sign this bill into law. are angry and they are mad at Con- tive practices. I might add, the Depart- Finally, reform will have to come to gress. I can understand that. If I had ment of Justice’s antitrust section has Wall Street. been out of work for 99 weeks and I had confirmed publicly, at a meeting before Mr. President, I yield the floor. a family to feed and house payments to the Senate Judiciary Committee a lit- The PRESIDING OFFICER (Mr. make and all of a sudden my unem- tle over a month ago, that Visa and BURRIS). The Senator from Iowa. ployment insurance benefits ended, I MasterCard are currently under inves- f would be pretty mad at Congress too. I tigation. Finally, Visa, MasterCard, EXTENSION OF UNEMPLOYMENT think what the Republicans are count- and the Wall Street banks will face COMPENSATION ing on is that this fall they will be so mad they will vote against whoever is some check against their unbridled Mr. HARKIN. Mr. President, I want running Congress, and that is the market power in the credit and debit to thank my friend and our majority industries. Democrats, obviously. That is what whip, Senator DURBIN, for laying out, I Finally, small businesses and mer- think in very stark and honest and they are counting on; that people will chants are going to have relief that open terms, what we are facing in this vote because they are mad, they are will lead to real savings, profitability, country today. I wish to pick up on angry, and they will vote the Demo- and reduced cost for consumers. The that and to carry it a little further in crats out. Yet it is the Republicans, a Dodd-Frank Wall Street Reform and talking about the number of people minority, who are keeping us from vot- Consumer Protection Act is a land- who are unemployed, what is hap- ing on extending unemployment insur- mark bill, including the most sweeping pening to people across America today ance benefits. reforms to Wall Street since the New who can’t find work, while the Con- I don’t care what my friends on the Deal. gress sits here immobilized, unable to other side of the aisle think. The Let me tell you the political reality. pass an extension of unemployment in- American people will know. People are In the Senate, there are 41 Republican surance benefits. not stupid. The voters of this country Senators. The bill I have described It is unconscionable what is hap- are pretty smart. Oh, you might fool should be a bill supported by both sides pening to so many people in America, them for a little bit. As Abraham Lin- of the aisle. We will be fortunate to through no fault of their own—people coln said: You can fool them for a little have four or five Republicans step up who are at the end of the line. They are bit, but not all the time. And pretty and join us to pass this bill. The over- looking to us, asking us to do some- soon they will catch on. They will whelming majority of Republicans will thing. Yet the Congress sits here im- catch on that the Congress is not act- oppose this bill and side with the bank- mobilized, unable to act. We are unable ing because a small minority of the ing industry. to act because a small minority here in Senate will not let us act. One of the Republican leaders in the the Senate on the Republican side re- A group of business economists re- House, JOHN BOEHNER of Ohio, said we fuses to let us move ahead with an ex- cently released their economic outlook were using with this bill a nuclear tension of unemployment insurance and they said that we are on track for weapon to kill an ant. I don’t think benefits. If we could ever have a vote— recovery. They gave a large share of anybody in America believes the reces- if we could get a vote on it—we would the credit to the Recovery Act that we sion we are facing today, with 8 million get over 50 votes. A majority would passed last year, of course without one unemployed and 1.2 million losing their vote for the extension. But once again, single Republican vote. I think the re- homes, is an ant. It is devastating to under the rules of the Senate, a minor- covery bill prevented a catastrophe. the millions of Americans who are unity of the Senate gets to decide what But, quite frankly, the economy is still employed and those who are losing we vote on. in the doldrums. Sales of new homes their homes. I think this response is a I wonder how many students in gov- plummeted last month to 33 percent, measured, thoughtful, good response to ernment classes that are being taught the lowest level in 40 years. deal with it. in high school today, even in college, According to the Federal Reserve, Why don’t we have the support of are being taught that the majority U.S. companies—get this—private U.S. more Republicans? Why won’t they does not govern in the Senate. I wonder companies are now hoarding an all- step up with us and make this bipar- how many understand that in our time high sum of $1.84 trillion in cash. tisan? Four or five of them will have democratic form of government, 41 Companies in America are holding $1.84 the courage to do it, and I tip my hat Senators decide what we vote on—41. trillion in cash. They are unwilling to to them. I am glad they are joining us. Not 51 but 41 Senators decide what leg- invest, to hire, or to expand. So again, This should be a bipartisan effort. But islation comes before this body. it is a very fragile recovery that could the others need to explain why they do You can go back to the Framers of dip back into even another big reces- not want us to move forward with fi- our Constitution and read all they sion. nancial regulatory reform. They have wrote in our Federalist Papers—what We had the Great Depression in the to explain why they wanted to stand Madison said and others—and they all 1930s. In the 1990s, as a result of the for the status quo, leave the laws as warned against the tyranny of the mi- profligate spending and the huge tax written, and run the risk of another re- nority. That is why they set up a sys- cuts for the wealthy under the Bush ad- cession in another day, leading to mil- tem of majority rule. I think it was ministration and the Republicans who lions of people losing their jobs and Madison who referred to the aspect as controlled Congress—as the Senator businesses failing. They do not have an perhaps a small junta being able to from Illinois pointed out—President answer for that. Their vote against this control legislation if we did not have a Obama was left with a deficit of $1.3 will be good news to the banking indus- majority vote. Well, we have turned trillion. When President Clinton left try, the special interest groups, such as that on its head. Because today, a mi- office, there was a budget surplus of credit card companies, but it certainly nority—41 Senators—decides what we about close to $300 billion. Because of doesn’t face the responsibility we all vote on. Please explain that in terms of all that, we have had the great reces- have to deal with the economic crisis our democratic principles to kids who sion of the 2000s—2007, 2008, 2009, and facing this Nation. are taking government classes now 2010. On behalf of the taxpayers in Illinois throughout America today. A lot of figures are thrown around and throughout the country, who never Go to other countries, where we are about how many are unemployed. The again want to bail out big banks, I trying to get them to establish demo- official unemployment is 9.5 percent

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.009 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5804 CONGRESSIONAL RECORD — SENATE July 14, 2010 with nearly 15 million workers. But the heartbreaking stories, of families back either. What do you do? What do you real unemployment, including those home struggling to survive, but there do? discouraged workers, those who are just are not any jobs. I heard from a Put yourself in the shoes of these working part time because they can’t woman in Waukon, IA. She worked in people. What would you do? How mad find a full-time job, is close to 26 mil- the same job for 33 years, the plant would you be at the U.S. Congress and lion Americans. Twenty-six million closed, she and 300 other workers lost the government if you had worked all Americans can’t find a full-time job. their jobs. This is in a town of 3,500 your life, like this woman from They are desperate and they need help. people. She is a diabetic without health Waukon, 33 years—out of work, dia- Right now, there are five job seekers insurance. She has applied for more betic, no health insurance, has applied for every new job opening. Actually, than 200 jobs. She is crying out for a for over 200 jobs, can’t find a job, and more accurately, there are more than job. She wants to work, but she comes we cut off your unemployment bene- eight. This 26 million who are right up emptyhanded because there are no fits? How mad would you be? now unemployed, officially, they say, jobs. We keep hearing this, and I have there are about 5 to 6 unemployed I heard from a worker in the Des heard it from the other side of the workers for every job. But actually, it Moines area who had been in the insur- aisle, I have heard it from Sarah Palin is closer to about eight job seekers for ance industry for many years and was and others, that people are lazy. They just rely on those benefits instead of every opening. laid off a year ago. Her benefits were looking for work. Even the distin- I was reading an article in the Post cut off last week. Here is what she said: yesterday. Michael D. Tanner, a senior guished minority whip, Senator KYL, My concern is that my family cannot sur- put it recently—here is the quote: fellow at the Cato Institute—a liber- vive without the unemployment benefits. We tarian think tank—said: have depleted our savings just to save the Continuing to pay people unemployment Workers are less likely to look for work or house and not get behind on the bills. I know compensation is a disincentive for them to accept less than ideal jobs as long as they there are others far worse off. Please help seek new work. are protected from the full consequences of pass the emergency unemployment insur- There are eight people looking for being unemployed. That is not to say that ance extension. every job. How low do we have to drive anyone is getting rich off of unemployment These are hard-working people. They people down? I suppose if we paid peo- or that unemployed people are lazy, but it is have tried their best. They have not ple 50 cents an hour we might get peo- simple human nature that people are a little ple to work, to do things. Is that what less motivated as long as the check is com- shirked their duties and responsibil- ing in. ities. They are being good citizens, we have come to as a country, that hard-working citizens. What we are people have to be pushed that far down Boy, that almost takes your breath before we respond? away, that we have people such as this talking about is just a matter of fundamental fairness and decency and using I think those who say people are just in high places who are setting eco- lazy are out of touch with reality. nomic policy, or trying to set economic the power of the government to make sure people do not—what did Mr. Tan- Let’s look at the facts. Numbers vary policy. He says: As long as people are from State to State. Unemployment in- protected from the full consequences of ner say?—‘‘suffer the full consequences of being unemployed,’’ whatever that surance benefits vary from State to being unemployed. What does he mean: State. Right now it is about $300 a They have to starve; they have to go may mean. Yet in the face of these families in week average nationwide—$300 a week. out on the street corner with hat in For a family of four, get this, if you get hand, give up their homes, put their this crisis, the extension of unemployment insurance benefits is stalled, it is unemployment benefits—if you are furniture out on the street, send their lucky enough to still be on them—you stuck. I would say it is cruelly ob- kids to the orphanage? Is that what are getting $300 a week average. That structed in the Senate. We have tried Mr. Tanner means by the full con- is about $15,000 a year. Can you keep time and time again to pass an exten- sequences of being unemployed? Maybe your family going on $15,600 a year, a sion. Every time it is blocked by our starving; can’t get enough to even eat? family of four? The poverty line is Republican colleagues on the other side What is he talking about—the full con- $22,000. I suppose, according to my of the aisle. As a result of this, more sequences—when there are eight people friend from Arizona, Senator KYL, if than 2 million Americans have now ex- looking for every job? you are getting $15,600 a year, that is a hausted their unemployment benefits. He says that by extending unemploy- disincentive for you to try to find a job Actually, when I took this floor be- ment benefits, it makes people less in- that pays more than $22,000. clined to look for work. You wonder fore the Fourth of July recess, I talked I don’t understand the logic of that where people like this come from. about the number of people who would reasoning. The truth is, the long-term Where did they ever go to school? What be out, and I said it would be about 2 unemployed would like nothing more did they learn in their lifetimes? Or are million. It is now 2.5 million. Last than to pull themselves up by their they just so uncaring about their fel- week, 2.1 million; this week, 2.5 mil- bootstraps. But the problem is, in the low human beings that they just say: lion. These are people out of work. economy right now we are kind of Let it happen. Whatever happens, let it They have been out of work so long, al- short of bootstraps. happen and the government can’t do though they have looked for work, that Another argument I hear from our anything to help. now their unemployment benefits are Republican colleagues is that extend- We had that attitude prior to the gone. ing the unemployment benefits will 1930s, prior to the Great Depression. I ask people to think about it. add to the deficit. Their argument is But I thought we turned the corner. I Around this place we all have jobs, that we should cut off some of the most thought we recognized that govern- don’t we? We all have jobs. Everybody desperate people in our economy, take ment could be an instrument to make who works on the Senate floor has a away their last meager lifeline, be- sure that people’s lives were not miser- job. I have a job. You, Mr. President, cause we are concerned about the def- able, that they did not have to suffer have a job. We get paid pretty darned icit. Yet those very same Senators are the ‘‘full consequences of being unem- well too. We are not facing unemploy- demanding that we extend hundreds of ployed,’’ being thrown out on the street ment. No one who works here is facing billions of dollars in tax breaks for the or starving or putting their kids in or- unemployment. Just think how you wealthiest Americans in our society. phanages because they couldn’t take would feel. Just think how you would My friend, the Senator from Vermont, care of them any longer. I thought we feel if you got a pink slip yesterday, Mr. SANDERS, who was here yesterday turned the corner on that. But, obvi- and it said don’t come to work next morning, gave a great speech on what ously, there are some who would like week. You have house payments to is happening in our society in terms of to turn the clock back. make, you have kids in school, maybe the few controlling more and more and There are eight job seekers for every one in college or two. You might even the rest getting less and less. As he one unemployed. They are hanging by have car payments to make. All of a pointed out, the top 1 percent, the rich- a thread. Their savings are exhausted. sudden you are out of work and you est people in America, control 90 per- They have no safety net whatsoever. cannot find a job. They say: I am sorry, cent of the wealth. They control 90 per- Every day we get stories in our office, you can’t get unemployment benefits cent. The rest can get all the rest. Yet

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.010 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5805 my Republican colleague said we have one single Republican ‘‘yes’’ vote in because we have to clean up the mess. to keep giving them more tax breaks, the Senate. That plan not only pro- Well, I am tired of being the shovel bri- but we cannot help people who are un- duced record budget surpluses, it ex- gade after those elephants. We all unemployed; it will add to the deficit. panded our economy. People were em- derstand that deficits are unaffordable Extending these tax breaks for the ployed. It put us on a path, by the year and unsustainable. However, among wealthiest in our society also adds to 2000, to completely eliminate the na- economists, a broad array of econo- the deficit, but I guess in their way of tional debt within a decade. We could mists in this country; among many thinking that is all right. have wiped out the national debt. Senators—I am one of them—I believe Again, when we talk about extending I remember that debate. I was here. there is a more immediate and urgent these tax breaks, my friends on the Re- In 1993, I remember the Senator from concern; that is, getting a recovery publican side, they don’t say we have Texas, Mr. Gramm, getting up, wailing from the deepest economic downturn to find an offset for it. They say, no, about how this plan was going to de- since the Great Depression. Do unem- add that to the deficit; we don’t have stroy America. It was going to plunge ployment benefits cost money? Of to pay for that. But if we want to ex- us into fiscal crisis. It was going to cre- course they do. Are they in our long- tend unemployment benefits, we have ate unemployment. It was going to cre- term interest? Absolutely. to somehow pay for that. ate a disaster. The single most effective way to re- Again, I am sorry, I am lost in the We passed it without one Republican duce the deficit is to keep the recovery logic of that. According to our Repub- vote. Look what happened: the econ- on track. If we can do that, we can re- lican colleagues, adding massively to omy grew, unemployment went down, duce the deficit, according to CBO, the deficit to finance tax breaks for the we paid down the national debt, and we from 10 percent of GDP this year to 4 wealthy is fine, but adding to the def- left in 2000 with a huge budget surplus. percent by 2014. I will be the first to icit to extend benefits for the long- Yet in 1994, the year after we passed say we cannot do it overnight. We did term unemployed is unacceptable. I this without one single Republican not do it overnight in the 1990s. It took just happen to think those are mis- vote, Republicans were all over the us literally 8 years, but it built up placed priorities. country taking the Democrats to task slowly, and toward the end we were really rolling by the year 2000: low un- Let me speak a little bit about defi- for raising taxes. You know what hap- employment, the economy was boom- cits because they are a concern and pened in 1994. The Democrats lost the ing, we had budget surpluses. But it they are something we do have to pay Senate and lost the House and Repub- took a long time to get there, and it is attention to and we are going to have licans took over. But we were able to going to take us some time to get back to fix for the long term. We are in a fis- keep that program intact. They there again. But extending unemploy- cal mess. But it was not so long ago couldn’t repeal it and we kept it intact ment benefits is an essential way to then-Vice President Dick Cheney dis- during the 1990s, resulting in a good keep us on that path to recovery. missed the need for fiscal responsi- strong economy, more employment, Economists calculate that for every bility when they were cutting tax less unemployment and, as I said, put- dollar invested, the unemployment in- breaks for the wealthy, spending more ting us on a plan to pay off the na- surance safety net generates about and more. Here is what he said: ‘‘Defi- tional debt. $1.63 in economic activity. Again, they cits don’t matter.’’ Then in 2001 George Bush came to of- tell us: If you are going to spend gov- Vice President Dick Cheney said: fice, Republicans gained control, and ernment money, if you are going to do ‘‘Deficits don’t matter.’’ Again, under again we moved into deficits once more that, you get the most bang for the his administration, with President in our country—huge deficits. As my buck by putting it in food stamps. Be- Bush, they didn’t matter. Boy, the defi- friend from Illinois said, according to cause when poor people get food cits just spiraled out of control. I do CBO, when President Obama took of- stamps, they go out and they buy food. not remember any significant Repub- fice we had a $1.3 trillion deficit. When The next is unemployment benefits. lican dissent from Mr. Cheney’s view President Bush took office in 2001 we When you give it to people who are un- during that period of time, that defi- had about a $300 billion surplus. What a employed, they go out and they spend cits don’t matter because they were off difference. What a difference. that money. They buy food, they pay going after weapons of mass destruc- Now, because of the profligate spend- their rent, they pay their food bills, tion in Iraq, and that misplaced war ing and the deficits of those 8 years of they pay their clothing bills, they pay has cost us pretty close to $1 trillion, Bush, because of the huge hole we were for car payments, house payments, all not counting untold lives lost, people in when President Obama took over, of those things just to keep afloat. So injured for life. And the tax breaks for our economy is in a tailspin. that spurs economic activity. Yet look the wealthy spiraled us, again, into a Now we are trying to work our way down here—extending the Bush tax deficit. But Mr. Cheney said deficits out of it. That is why we had the Re- cuts. For every dollar we extend the don’t matter. covery Act. The Recovery Act helped Bush tax cuts, we only get back 49 I tend to disagree with Mr. Cheney. us gain more jobs in this country. As I cents. Compare that to unemployment Deficits do matter. They matter be- said, it kept us from having a catas- benefits. Yet the Republicans want us cause when Mr. Clinton was President, trophe. Now we know we can bring the to do this, spend every dollar we have we got out of the deficit hole. They deficit back under control. We did it to extend the Bush tax cuts, for which said deficits don’t matter when Repub- during the Clinton administration, and we will get back about 49 cents. They licans were in control. Now they say we can do that again. do not want to do unemployment bene- deficits do matter. They blame the As my friend from Illinois said yes- fits that for every dollar we spend we Federal Government’s fiscal mess on terday, President Obama nominated get back $1.63 in economic activity. President Obama and actions taken by Jack Lew to serve as Director of the They say unemployed households spend this Congress. That takes a wholesale White House Office of Management and these dollars on immediate needs. rewriting and air brushing of recent Budget. He held that same position in From the Recovery Act alone in history. the Clinton administration, in the lat- Iowa, more than 3,700 jobs were created As we all know, it was the administer years of the Clinton administra- in 2009 thanks to the economic activity trations of President Reagan and tion. So again we are looking to Mr. of the Recovery Act. Did that get us all George Herbert Walker Bush in the Lew to help us work our way out of of the way out of the recession? No. 1980s that launched America into a new this mess we are in. But it sure as heck helped a lot of fam- era of large budget deficits. President So I can say that we Democrats are ilies and kept us from sinking even fur- Clinton then spent the following 8 proud of our record of fiscal responsi- ther. So that is why we had the Recov- years cleaning up the fiscal mess he in- bility. But forgive us for asking: Why ery Act, which has at least helped us herited. is it that again and again we Demo- out of a depression. In 1993, President Clinton, along with crats are cast in the role of the shovel David Walker is the former Comp- the Democrats, the Democratic Con- brigade in the circus cleaning up after troller General under the Bush admin- gress, passed a painful but a coura- the elephants? Why are we always istration, the George W. Bush adminis- geous deficit reduction plan without doing that? And then people get mad tration. Now he is president of the

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.011 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5806 CONGRESSIONAL RECORD — SENATE July 14, 2010 Peter G. Peterson Foundation, an orga- morning business for such time as I The President has created a high- nization that is single-mindedly fo- may consume. level bipartisan commission to say: All cused on cutting long-term deficits. The PRESIDING OFFICER. Without right, come up with a set of rec- Last week, he testified before the bi- objection, it is so ordered. ommendations by the end of this year partisan deficit reduction panel. He f of what we can do. What are the range said it is a ‘‘myth that we cannot ad- of issues with everything on the table? CONGRESSIONAL TO-DO LIST dress our current economic crisis and Yes, discretionary spending, military our long-term fiscal crisis at the same Mr. DORGAN. Madam President, the spending, entitlements, all of it. What time.’’ Yet that is what we are hearing to-do list in the Congress, and espe- is the menu necessary to put this coun- from Republicans: We can’t do both of cially in the Senate, is long and dif- try back on track? those; we have to focus on the deficit, ficult. We have witnessed all of this In 2001, President Bush proposed very and don’t worry about the crisis we year a determined minority to act as a large tax cuts. I voted no on the floor have right now. set of human brake pads. The minority of the Senate, and I said the reason I David Walker continued: has tried to stop almost everything in am voting no is that I don’t think we In our view, the answer is to continue to the Senate, including providing ex- should provide 10 years of very large pursue selected short-term initiatives de- tended unemployment benefits for tax cuts just because we had a surplus signed to stimulate the economy and address those who are out of work during the the last year of Bill Clinton’s Presi- unemployment, but to couple these actions country’s deepest recession since the dency. We had a budget surplus—the with specific meaningful actions designed to Great Depression. It is unbelievable to first budget surplus we had in 30 years. resolve our long-term structural deficits. me. They estimated that not only would we Well, I agree. We have to address the It seems to me everyone should un- have a budget surplus that year, but we short term and then think about the derstand that when we are in a deep re- would have surpluses for the next 10 things we have to do here to address cession, as we have been—and we are years. the long-term problems of the deficit. coming out of it—that is the time to I said: Let’s be a little conservative. So, again, for the sake of all of the extend unemployment benefits because What if something happens? What if we families who have written in to my of- it is necessary to do. Yet it, too, has don’t have the surpluses? fice, for all of the families who are at gotten caught in this trap of saying no They said: Don’t worry about that; the end of the line, I urge my col- to everything. let’s give large tax cuts—and the bulk leagues on the other side of the aisle to I wish to go over just a bit of the to- of it, by the way, went to the wealthi- stop this cruel obstructionism and do do list in the Senate. First and fore- est Americans. Without my vote, that the right thing right now for people most, there is no question that one of passed. It did a lot of strange things. who desperately need our help. Stop the most significant challenges facing Among the tax cuts was a cut in the the filibuster. Let us vote. There are this country is debt and deficits. Ev- estate tax that took the estate tax more than 50 votes. There is a majority erybody understands that. The ques- over these 9 years down, down, down, here to extend unemployment benefits. tion is, How do we deal with it? and down so that this year we have a I ask the minority to allow us to vote The President is criticized for de- zero estate tax. Think of that. The es- on it, to help these families in des- scribing what he took over, but it is tate tax in this country this year is perate need all over the country. pretty important. You go to a rental zero. We have about 400 billionaires in It is my intention, as often as I can, car dealership and they want you to America. I believe four of them have to get to the floor to continue to speak look around and see what the car is died in this year. This is the ‘‘Throw about the desperate needs of those fam- like before you rent it, right? This Mama From the Train’’ year, as the ilies we cannot continue to ignore. President ran for President, but when title of the movie goes. This is the year To those who think they can gain po- he took over this economy, had he done when, if you have a lot of money and litically at the polls in November, who nothing, not lifted a finger, the Federal you are going to go, this is the year, I think they can gain politically by hav- budget deficit was going to be $1.3 tril- suppose, and those who are related to ing people suffer more, by having them lion. On the first month of his Presi- you might think there is divine provi- more desperate and more destitute, I dency, the economy he was left with dence here. say that is an aberration, that is a had 680,000 people losing their jobs in Let me put up this chart. In today’s total abdication of our responsibility that month. newspaper, it says George Steinbren- as officers, as people who are sworn to This economy was in steep decline. ner, the colorful owner of the New uphold and defend the Constitution of That is what he inherited. It is not my York Yankees, died. I didn’t know the United States. It is unworthy. It is taking a half hour to describe what was George Steinbrenner, but he was quite unworthy of a great country for their wrong in the previous 8 years, it is an extraordinary man, I am sure—a leaders, for their elected leaders, to stating the obvious. What do we try to successful businessman and a con- show they can get political gain by do about that? troversial owner of the New York Yan- making people more desperate than Well, the President has created this kees. But he was also a billionaire. they are today. commission to try to address the defi- Today, the Washington Post talks So I hope we can have the vote, we cits and debt that have come from this about the fact that this year the estate can extend the unemployment benefits, steep economic decline. When a coun- tax is at zero, so his estate will have no and we can help people who really need try is experiencing a very deep reces- tax obligation at all. a lifeline right now. Anything short of sion, there is less revenue coming in. Let me just observe that for the larg- that is not worthy of our great coun- We were losing about $400 billion in est estates, most of the wealth comes try. I urge the minority to let the bill revenue that we used to get. And then from the appreciation of assets over come up for a vote so we can vote it we have higher expenditures going out the years and has never been taxed. So through. It should be done this week. because we have the economic stabi- it has never had to bear a tax to send I yield the floor, and I suggest the ab- lizers that we pay for in order to help kids to school or build roads or provide sence of a quorum. people during times of economic dis- for police or provide for our defense The PRESIDING OFFICER. The tress. So we had these unbelievable needs—none of it. We have had four bil- clerk will call the roll. Federal budget deficits. That is not lionaires die this year. And we have The bill clerk proceeded to call the surprising. That will happen when this goofy process, which the previous roll. there is a very steep economic down- administration created, to go to a zero Mr. DORGAN. Madam President, I turn. estate tax this year and then spring ask unanimous consent that the order But we can’t, it seems to me, go into back to an estate tax next year. It is for the quorum call be rescinded. this with a structural imbalance, as we just nutty. The PRESIDING OFFICER (Mrs. had, and then have a deep recession Do you want to know how to reduce HAGAN). Without objection, it is so or- and have deficits explode and then not the Federal budget deficit? How about dered. have a plan to deal with them. So the fixing a few of these things. That ought Mr. DORGAN. Madam President, I question is for all of us—the President to be on the to-do list. It is embar- ask unanimous consent to speak in and the Congress—what do we do? rassing, it seems to me, for those who

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.012 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5807 understand fiscal policy and under- thing. They want all that America has jobs leaving our country in search of stand there is a responsibility for all to offer except responsibility to pay lower wages elsewhere. We have to ad- Americans not just to be glad they are their taxes. dress this, and we have to address it in Americans, but also to participate in That is true with some very large the right way. I will talk about that at the things Americans have to partici- American corporations as well. The some point, on another day. It is not pate in together, that that includes company that was drilling out in the rocket science to understand that debt paying some taxes, yes, and some es- gulf—the licensed company drilling for is debt and deficits are deficits. We tate taxes. It is embarrassing that we BP—Transocean had, I believe, 1,200 have to address these issues. have a zero estate tax for the wealthi- employees in Houston, TX, and 12 em- Now, one other point on this econ- est Americans at this point. That ployees in Switzerland. What was the omy. I was on a program the other day makes no sense to me. deal there? Well, they moved their on CNBC. They said: What about this We have a proposed extension of the home office to Switzerland, despite the notion that because of what you are tax cuts for middle-income workers fact that they just had a dozen employ- doing on promoting additional regula- that comes from the 2001 tax bill that ees there and they had 1,200 in Hous- tions on Wall Street and other issues, President Bush pushed through this ton. Why did they do that? To avoid you are antibusiness—you Democrats Congress. One of my colleagues was on paying taxes, I assume. in Congress and the Democratic admin- a show this Sunday and said: Well, we There is a to-do list. Maybe we can istration are antibusiness? want to also give a tax cut to the top shut down some of these schemes. How I have heard a couple of CEOs say 2 percent of the American income earn- about an estate tax for estates worth that. I said: You know, it is byzantine ers. The moderator of the show said: billions of dollars, or paying for the to me. If you want to run a big com- That is going to cost 680-some billion cost of war as our soldiers are asked to pany in this country and do business dollars in lost revenue. How do you pay go fight it? Cutting spending—some here and look at something that is for that? come out here and talk about cutting antibusiness, look at Wall Street and My colleague, who talks about the spending. I support that—in the right see what they did. See the cesspool of Federal budget deficits a lot and the way. We have a lot of areas where Fed- greed they created with a bubble of need to deal with them, said: We don’t eral agencies can tighten their belts. speculation that was unprecedented in have to pay for tax cuts. By the way, it is one thing to talk the history of this country—selling and It seems to me basic arithmetic about it, it is another thing to do it. buying things that had no value, wa- books allow us to add 1 and 1 and get Some years ago, when I came to the gering rather than investing, using ex- 2—from time to time, at least. So we Congress, there was $46 million allo- otic instruments such as credit default are going to deal with the Federal cated to build a new Federal court- swaps and much more, and planting budget deficits by extending income house in Fargo, ND. I said I thought loans out there for homeowners who tax cuts to the wealthiest Americans? that was outrageous. Yes, it is in my could not repay them—giving a $780,000 We are going to deal with the Federal State, but I thought it was outrageous. home loan to somebody making $18,000 budget deficits by having a zero estate I cut it to $23 million—from $46 million a year, creating liars loans, saying: tax obligation for somebody who dies to $23 million—in half—and the court- Come and get a loan from us, and you and has a billion or billions of dollars? house got built for $19 billion. That was don’t have to disclose your income. It What about the notion of going to in my State. I was critical of spending is called a no-doc loan. Come and get a war twice, in Iraq and Afghanistan, and in my own State. loan from us, and you don’t have to not paying a penny for it? We have all I have come to the floor recently disclose your income or pay any prin- of these gatherings to say goodbye— critical of what is being proposed to be cipal the first year—or come and get a particularly in the National Guard—to spent on the small northern border loan from us, but don’t tell us your in- a National Guard unit that will be sent ports of entry, which I think is an ex- come, don’t pay any principal the first to Iraq or Afghanistan. We say God- cessive amount of money. Yes, those year, or any interest, and we will make speed and be safe. When they come are in my State as well. I think we all the first 12 payments for you. home, we say welcome home. We do ev- ought to take a hard look at Federal Then what would they do, Country- erything except pay the bill. We send spending and look at where we can and wide mortgage? They would take these them to war, have them strap on ce- should begin to make some cuts. loans, pay big bonuses to the people ramic body armor in the morning, walk Finally, when we talk about defi- who put the loans out there—the bro- in harm’s way and get shot at. But this cits—we talk a lot about budget defi- kers—and wrap them into securities Congress doesn’t have the courage to cits. But nobody talks much about the and sell the securities up to hedge decide that we ought to pay for wars trade deficit. This morning there was a funds, investment banks, and they we are fighting. All of it has been piled story: Trade deficit jumps to $42 bil- were all making massive profits. Then on the debt. lion, economists downgrade growth we had others who would look at these Some of us stood in this well and said forecasts. I wrote a book about this securities and make credit default let’s pay for it, and we were told if we several years ago. I described in that swaps—wagers on whether these bonds do that and try to pay for it, the Presi- book, in great detail, what is hap- would be good. dent will veto it because we are trying pening: shipping jobs overseas, going in What was going on in this country is to raise revenue. That is right, raising search of low-wage countries where unbelievable. The whole thing was a revenue to pay for the cost of sending they can move their production in house of cards, and it came collapsing America’s men and women in uniform order to produce and sell the product down. Now we decide we are going to to fight for this country. It used to be back in our country. All of that ratch- put regulations in place to say: You essential, not optional. It was the ets up this unbelievable deficit. We cannot do that anymore. You damn moral and responsible thing to do. All have had trade deficits in recent years, near ruined this country’s economy, of this has been charged and added to with $700 billion and $800 billion in and we won’t let you do it anymore. the debt. So the soldiers go fight and merchandise trade deficits. The budget One of the top manufacturing CEOs come home, and they will pay the bill deficit is money that we are going to in this country said it is antibusiness— as well. That makes no sense to me. owe to ourselves. We cannot make that the administration is antibusiness. It I have described at great length the case with the trade deficit. We owe is not antibusiness to put into place ef- tax avoidance going on in this country. that to other countries, and we are fective, tough regulations to say: Do I described that some of the highest in- going to repay that with a lower stand- business the right way. If you do what come earners get to pay 15 percent car- ard of living in our country someday. you have been doing, we are going to ried interest. They get to pay some of This is not just about deficits, it is put handcuffs on you because it almost the lowest tax rates, and that is not about jobs. When we run these kinds of ruined this country’s economy. enough. Some of them are running deficits and see plants and factories It is not antibusiness to insist that them through tax haven countries and closing in this country—5 million fac- business be done in the right way, are playing deferred compensation tory workers have lost their jobs be- when in the basement of the SEC four games in order to avoid paying any- cause we see this unbelievable drain of companies came in to get the SEC, in

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.015 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5808 CONGRESSIONAL RECORD — SENATE July 14, 2010 the last decade, to change the rules so Even as we try to provide more con- you can get a visa, to travel to Iran, they could go from 12 times leverage to fidence, that means tackling tough according to the Office of Foreign As- 30 times leverage, and they did it with issues that will give people a feeling sets Control in the Treasury Depart- almost no notice from everybody, with that they can expect a better future, ment. all these handshakes that go on. can make investments, can hire people. OFAC, by the way, in the basement, When that goes on and regulators That is part of the faucet—to put new the deep bowels of the Treasury De- say: You know what. Don’t worry. It is jobs into this economy. We also need to partment, are supposed to be tracking going to be a new business-friendly plug the drain. Every single day, we money to terrorists. But about a fourth place. We won’t look. Do what you have jobs leaving for China and else- of their resources are devoted to track- want. We don’t care—when that all where in search of cheap labor. I have ing American citizens who are sus- happened and it caused the near col- spoken about that many times as well. pected of vacationing in Cuba. Think of lapse of the American economy and our As I said, I have written a book about that. In a world beset by terrorist way of life, we have a right, it seems to that. threats, we have folks who are trying me, without being called antibusiness, We need to work on all of those to figure out: Are there American citi- to say there needs to be effective regu- issues, and jobs has to be issue No. 1. It zens who have gone to Cuba whom we lators and regulations to make sure is the most important issue. It makes can track down and against whom we this doesn’t happen again. everything else possible for the Amer- can levy a $10,000 fine? Fifteen years ago, I wrote the lead ican people. Right now, as I speak, You can go to Iran, OFAC says. That story for the Washington Monthly there are millions and millions of peo- is not a problem. You are an American magazine, and the title was ‘‘Very ple who are out of work. Million Amer- citizen and you want to go to Iran, that Risky Business.’’ That was the lead icans have lost their jobs just in the is OK. story in the Washington Monthly mag- manufacturing area in the last 8 years. If you are an American citizen and azine that I wrote 16 years ago. We are short somewhere perhaps in the you would like to see Kim Jong Il What was it about? It was about while he is still in office, you can go to neighborhood of 18 to 20 million jobs in banks in America trading derivatives North Korea. That is not a big deal for this country. We have to get the engine on their own proprietary accounts. I OFAC. If you want to go to Communist moving again. We have to get opportu- said then that we just as well put a North Korea, no problem at all. nities to expand jobs all across this blackjack table in their lobby. That is You want to go to China, a Com- country. There is a lot to do to make just gambling. We ought not allow it. munist country? Not a problem. You that happen. We know who is going to pick up the want to go to Vietnam, a Communist bill—the American taxpayer. f country? That is no problem. I have It was 11 years ago on the floor of TRAVEL TO CUBA been to both, by the way. Why have we this Senate that I stood up and opposed said that about Vietnam and China? Mr. DORGAN. Madam President, repealing the laws from the Great De- Because we have a very specific policy while I am on the floor, I wish to make pression—Glass-Steagall and others— with respect to that issue. We have a point about another piece of public that were put in place to protect our said we believe that engagement policy I have worked on for some while. country, that separated banking from through trade and travel is the most The House of Representatives last securities and prohibited certain prac- effective way to move both China and week passed legislation through the tices that led to the Great Depression. Vietnam toward greater human rights. Agriculture Committee that would lift Then, all of a sudden, it is time to mod- Let me say that again. Our official pol- the travel ban that is now imposed on ernize; that is old-fashioned. The pro- icy—Republicans and Democrats—has American citizens to Cuba. I have been posal to repeal those laws went been that we believe the most effective to Cuba and have met with the Cuban through here like a hot knife through way to move China and Vietnam—Com- butter. Eight of us voted no—eight of Government, dissidents, people who munist countries—toward greater us. I stood on the floor of the Senate have been in prison. It is 90 miles off human rights is through trade and and said: I think within a decade we our shore. travel through engagement. Engage- are going to see massive taxpayer bail- There is an embargo on Cuba and a ment. The only outlier to that is Cuba, outs. I did not have a crystal ball; I travel ban to Cuba. This chart shows which is 90 miles off our shore. And just felt this was an unbelievable mis- the ten U.S. Presidents under which Fidel Castro pokes his finger in our eye take. this embargo has existed. As one can every chance he gets. The fact is, we have a right and a re- see, a fair number of Presidents have We decided some while ago—many sponsibility to put together effective come and gone while this embargo and Presidents ago, actually—to put to- regulatory mechanisms that will pre- travel ban to Cuba has been in place. gether an embargo, which has not vent this from happening again. I un- The problem with it that I see is this: worked at all, which includes restrict- derstand there are interests out there This embargo is and has always been ing the American people’s right to that will howl so loud, you will hear Fidel Castro’s biggest excuse. travel. Then in 2003, leading up to the them coast to coast. It does not mat- Your cities are falling down, your elections in 2004, President Bush made ter. This is about what is best for the economy is in trouble, things are awful this even tighter. He eliminated peo- American people, what is best for this in Cuba. ple-to-people visits in 2003; eliminated country’s economy to expand and cre- His response: Yes. That is because secondary school education travel; re- ate jobs once again. this 500-pound gorilla has had its fist stricted family travel to once every 3 The to-do list, as I indicated, is fairly around our neck with an embargo for years; restricted amateur athletic trav- lengthy. I have not touched a number 50 years. You try to run this country. el. Essentially, he tied it very tight. of issues. The most important point, It is his biggest excuse. The upshot of that was, I guess they all obviously, is to find a way to create Cuba is a Communist country. I have felt good that they were going to tight- new jobs. no interest in doing anything that is en restrictions around Cuba and tell As I indicated, it is like a bathtub helpful to the government at all. I do those Cuban Americans who felt that is where you have a faucet and a drain. have an interest in trying to help the the right thing to do that this was The faucet is, we need to try to create Cuban people. something the administration was conditions in which new jobs will be Deciding to tell the American people: going to do to be helpful to them. created. How do we do that? We give We will restrict your right to travel; Here is what the Office of Foreign As- people confidence about the future. It we are going to infringe on your free- sets Control says about travel to Cuba. is hard to have confidence when you dom; our government says you cannot I just described that North Korea is take a look at the economic cir- travel, American citizen, to Cuba—I fine and travel to Iran is fine, China cumstances of this country right now. think that is unbelievable. By what and Vietnam are fine. They say: If people are confident, they do things right does our government say you Unless otherwise authorized, any person that manifest that confidence and the cannot travel to Cuba? subject to U.S. jurisdiction who engages in economy expands. That is our responsi- Let me show where Americans can any travel-related transaction in Cuba vio- bility to do. travel. It is perfectly appropriate, if lates the regulations.

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.016 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5809 Let me describe some of these noto- in Cuba. Guillermo Farinas, who has The reason this is urgent and so im- rious violators our government has staged several hunger strikes in Cuba, portant is the modernization of our air tracked down and tried to levy a $10,000 believes we should lift the travel ban. traffic control system is long overdue fine against. This is Joni Scott. I have Oscar Chepe, a former political pris- and there is so much that is needed in met Joni Scott. She is holding a Bible oner, and his wife Miriam Leiva, the this FAA reauthorization bill. It deals in this picture. The reason Joni Scott founder of Ladies in White, believe we with safety issues. As chairman of the is holding a Bible is this young woman should lift the travel ban. Aviation Subcommittee, I held a num- went to Havana to pass out free Bibles. They are among 74 Cuban human ber of hearings on the Colgan crash in An American woman went to Havana rights activists who sent a letter to the New York—the tragic crash that took to pass out free Bibles. What happened House of Representatives saying they the life of so many. So I wanted to to her? Did the Cuban Government get believe we ought to lift the travel ban. make a point, because I know people ahold of her somehow and give her a I have visited with the folks in Cuba are wondering what is happening on bad time? No, no. The American Gov- who are political dissents. They do not that legislation. ernment did. The American Govern- like their government. They are doing We had a meeting yesterday for over ment tracked her down and tried to everything they can to get a new gov- an hour. We are going to have another levy a fine because she was suspected ernment, a better government. But meeting this week. We had a meeting of traveling to Cuba. Isn’t that some- they also believe this embargo and the the week prior to the break last week. thing? It is unbelievable. travel ban does not serve their inter- We are working very hard to try to find Here is another woman I have met. est. a way to bridge the gap. I think we are This is Joan Slote. She is a bicyclist. I believe that at some point, when it very close to being able to get some- She is a grandma in her midseventies. is appropriate, we will be able to do in thing we can bring back to both the She joined a Canadian group to bicycle the Senate what the House Agriculture House and Senate. My hope is that in Cuba. Her government then tracked Committee has done; that is, lift the early in this work period we can get her down and not only tried to fine her travel ban and undo some of the detri- this done. I talked to Senator ROCKE- $10,000 but tried to attach her Social mental things that were done as well in FELLER late last night by phone after Security payments and take them the tightening in 2003. our meeting in the afternoon. So Sen- away—this from her government. It is I and Senator ENZI, along with 38 ator KYL and many others have been unbelievable. other cosponsors—that is 40 Senators— involved—Senator WARNER. Then, finally, SGT Carlos Lazo, have cosponsored legislation that This is a very big piece of legislation. whom I have described before. He fled would lift the travel ban to Cuba. I be- Changing our air traffic control sys- Cuba and then went to Iraq and fought lieve when we have the opportunity, tem, modernizing our system from a for America and was awarded a Bronze Senator ENZI and I will offer that bill ground-based radar system to a GPS Star. He then came back to America here on the floor, and I believe we will system is a big, challenging project, after having fought for his country. He have the votes to pass it in the Senate. but we have to get at it. This bill has had two sons in Cuba, one of whom was Once again, it is unthinkable to me languished way too long. We have reau- sick, and his government—the Amer- that we have decided we are going to thorized it many, many, many times. ican Government—told this Bronze try to punish the Cuban Government Now it is time to get the legislation Star medal winner, a very courageous by restricting the rights of the Amer- done and get it signed by the Presi- soldier coming back from the war, that ican people. And we have done it for al- dent. he was not able to visit his sons. They most 50 years. By what authority, by We are working very hard, and I hope restricted his right to travel. what justification do we believe the in the next week or two Senator Here is the point. The point is, the Federal Government ought to tell the ROCKEFELLER and I and Senator U.S. House of Representatives, through American people: You can travel wher- HUTCHISON and others can come to the the Agriculture Committee, has now ever you want in this world. Go to Iran, floor and report success and bring a bill passed legislation that eliminates the go to North Korea, China, Vietnam. to the Senate to vote on. restrictions, eliminates the things done But you cannot go to Cuba. By what KAGAN NOMINATION by the previous administration to try justification does the government have Madam President, let me also finally to stop shipment of food to Cuba. I be- the right to restrict that right of the say—I didn’t mention it earlier—that lieve we have the votes in the Senate American people? The answer is, none, the Kagan nomination is going to come to move that position as well. and it is long past the time we fix it. to the floor during this work period, I I actually offered the amendment That is what I believe we will do in the am sure. I strongly support the Kagan about 10 years ago in the Senate that is Senate in the weeks ahead. nomination and intend to vote for her now law that opened for the first time Madam President, I yield the floor nomination. I think she is an awfully the ability to ship food and medicine and suggest the absence of a quorum. good nominee. I know many of my col- for cash to Cuba. I just felt it was im- The PRESIDING OFFICER. The leagues will be doing so as well. I fully moral. I think it is immoral to use food clerk will call the roll. expect her to pass the Senate quite eas- and medicine as a weapon, and that is The assistant legislative clerk pro- ily. I would expect the nomination to what we are doing, including food and ceeded to call the roll. be approved quite easily. medicine as part of the embargo. I of- Mr. DORGAN. Madam President, I Madam President, I yield the floor, fered the amendment. It is now law. We ask unanimous consent that the order and I suggest the absence of a quorum. shipped a couple billion dollars’ worth for the quorum call be rescinded. The PRESIDING OFFICER. The of food to Cuba, all paid for in cash. The PRESIDING OFFICER. Without clerk will call the roll. But the previous administration de- objection, it is so ordered. The assistant legislative clerk pro- cided to change the rules and required f ceeded to call the roll. payment before shipment as opposed to Mr. CARPER. I ask unanimous con- FAA REAUTHORIZATION payment when the goods transferred. sent that the order for the quorum call That was an effort to try to shut down Mr. DORGAN. Madam President, in 2 be rescinded. agricultural sales to Cuba. The House minutes or so, let me talk briefly about The ACTING PRESIDENT pro tem- has changed that. We would do that as the FAA reauthorization bill, which we pore. Without objection, it is so or- well. It is important to take this ac- have passed out of the Commerce Com- dered. tion. I was pleased last week when I mittee and out of the full Senate—it f read what the House of Representatives passed 93 to 0 here in the Senate. Sen- did. I think it is the right thing to do. ator ROCKEFELLER and I, Senator KAY IMPROPER PAYMENTS Here are pictures of who else believes BAILEY HUTCHISON and others, are Mr. CARPER. Mr. President, only we ought to lift the travel ban. Marcelo working very hard to try to negotiate this morning I was standing here and Rodriquez does. He is a political pris- an opportunity to get a report that we the Senator from New Mexico was pre- oner in Cuba. Yoani Sanchez does. She can bring back to both the House and siding over the Senate. I got through is one of the leading political bloggers the Senate to get this done. half of my remarks and had to yield to

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.018 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5810 CONGRESSIONAL RECORD — SENATE July 14, 2010 the Senator from Maryland. Now that ticular approach. But this is an ap- audited corrective action plans with no one is on the floor, I wish to take proach that can help. targets to reduce waste. It is all well maybe 5 or 10 minutes and finish what I applaud the administration’s con- and good that we report improper pay- I started this morning. I was talking crete steps to improve transparency ments or wasteful payments. The key earlier today about how to reduce the and make agencies and agency leader- is to stop doing it, to not just report it amount of overpayments—we call them ship more accountable. but to go after it and stop repeating improper payments—the Federal Gov- Still, there is a lot more we can do, the same mistakes. ernment makes. Last year they added which is why our legislation currently A third reform is that this legislation up to almost $100 billion, not counting on its way to the President’s desk is so increases the recovery of overpayments the Department of Defense, not count- important in order to take the next by requiring all agencies that spend ing part of Medicare, not counting part steps, especially when it comes to actu- more than $1 million a year to perform of the Department of Homeland Secu- ally going out and recovering the recovery audits on all their programs. rity—a lot of money. money we lose every year to avoidable Finally, fourth and last, the legisla- I also added that Federal agencies errors and preventable fraud. tion penalizes agencies that fail to are doing, for the most part, a better As I often say to my staff—they have comply with Federal financial manage- job of estimating and identifying cost- heard me say this more times than ment and accounting laws and would ly mistakes of improper payments. I they care to remember—if it is not per- make sure that progress in eliminating think the White House deserves credit. fect, make it better. Everything that I improper payments is part of senior Not only this President but his prede- do, I know I can do better. That in- agency officials’ performance evalua- cessor George W. Bush deserve credit cludes making sure we are making the tions. So you say to somebody who is for, not only in the case of George W. appropriate payments to the right enti- like a leader or supervisor in these Bush, saying: We ought to have im- ty, for the right amount of money. Federal agencies: Part of your evalua- All of us in Congress share this re- proper payments in the law and we tion is going to be whether you are sponsibility to do that; that is, if it is ought to make this a priority, but also doing a good job of stopping overpay- not perfect, to make it better. We all for President Obama and his team who ments, going out and making sure you share a responsibility to do that in do not make more of them, and going are beginning to scour Federal pro- curbing waste and fraud. out and collecting money that is being grams for improper payments and also The legislation that I think the ‘‘mispaid’’ or overpaid. taking strong steps to try to eliminate House is going to pass later today, and I am particularly pleased with the them in the future. hopefully the President will sign later provision in the bill requiring major White House Budget Director Peter this month, is called the Improper Pay- agencies to make greater use of tools Orszag noted that agencies employed ments Elimination and Recovery Act. that many private sector business use stricter standards for identifying im- It is the result of a 6-year journey. to recover overpayments when they proper payments, resulting in much of During the last Congress, I introduced make them. When agencies have used last fall’s reported improper payments an earlier iteration of this bill with these tools, they have had some suc- increase. I remember maybe 5 years Senator CLAIRE MCCASKILL of Missouri. cess, some real success. ago, when Senator COBURN and I were Over the last several years, I have About 7 years ago, 2003, Congress working on this issue, we found there chaired hearings on the issue of im- mandated what was at the time de- was maybe $40 billion worth of improper payments, waste, and fraud. scribed as a pilot Recovery Audit Con- proper payments being reported by Since then, we have worked with the tractor Program to examine Medicare Federal agencies. Last year it was Office of Management and Budget, the fee-for-service payments. In other about almost $100 billion. So it sounds Congressional Budget Office, many words, Congress said: OK, Medicare, as if we are going in the wrong direc- other inspectors general, and many when you are making these fee-for- tion. other experts to refine and strengthen service payments to doctors, hospitals, As it turns out, what has actually our legislation. and nurses, we want you to do, in three happened is more agencies are report- The most recent version of that legis- States—California, Florida, and New ing it. Initially, not very many agen- lation was introduced last summer— York—we want you to look at those cies were reporting it, but as we have about a year ago—along with Senator three States and see if we are over- fuller reporting by all the agencies, we LIEBERMAN, who chairs our full com- paying money. If we are making mis- find we have a better idea of how big mittee, Senator COLLINS, the ranking takes in Medicare, go get it. the problem is. It is not so much that member of the Homeland Security and I think a year or so later, we added it is getting worse, it is just that we Governmental Affairs Committee, Sen- to the initial three States Massachu- are having better reporting from the ator MCCAIN, and Senator MCCASKILL. setts and South Carolina. During the agencies. It was approved by the Committee on first year of this demonstration pro- Now that we are having that, the key Homeland Security and Governmental gram, about $50 million was recovered is to make sure the agencies that are Affairs late last year and was approved and returned to the Medicare trust making improper payments make by the full Senate in June of this year. fund. In the second year, about a quar- fewer of them, and then that we go out A companion bill was also introduced ter of a billion dollars was recovered, and recover the moneys that have been in the House by Representative PAT- returned to the Medicare trust fund. I improperly paid. RICK MURPHY from Pennsylvania, our think if you add the total for the 3- The White House announced this win- neighbor to the north. year pilot program, which ended up in ter—earlier this year—an executive This legislation, I believe, is a per- five States, they recovered about $1 bil- order to not only improve the collec- fect example of bipartisan common lion. They recovered about $1 billion. It tion of improper payments data, but to sense and bicameral common sense. is real money. also improve our ability to avoid mak- And actually when you consider Sen- One of the reasons why the Medicare ing improper payments, and to increase ator LIEBERMAN is an Independent, it is trust fund is running out of money is what I think is important, the use of tripartisan—Democrat, Republican, because of fraud. Some people may recovery auditing. I say the words ‘‘re- and Independent. have seen—I think it was on ‘‘60 Min- covery auditing’’—postaudit cost re- I think the bill makes a number of utes’’ a year or so ago. Mr. President, covery. I think for most people, their key reforms. First of all, it improves ‘‘60 Minutes’’ did a special where they eyes kind of blur over and they tune transparency by lowering the threshold focused on a bunch of doctors’ offices out. We are talking about $100 billion whereby agencies are supposed to rein some town in south Florida. The here, money that is going out, most of port improper payments. This will bet- doctors’ offices had three things in it improperly, a lot of it overpayments. ter inform the public about where their common: One, they had no patients; We are talking about a country where taxpayer dollars are going, and it will two, they had no doctors; three, they our deficit is over $1 trillion. If we are help us in Congress find ways to fix the had no nurses. All they were were like going to have the ability to reduce our problems that lead to waste. a billing operation on Medicare, to de- deficit, it is not going to come from The second key reform in this legis- fraud money from Medicare and take it any one silver bullet or any one par- lation is it requires agencies to produce from the Medicare trust fund.

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.024 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5811 Last year, we were looking at the curbing waste and fraud in the work of My focus over the last several Medicare trust fund running out of Federal agencies during the years months has been to make sure this bill money in about 8 years. That is unten- ahead. Given the size of the budget is right for Montana and right for rural able. With the changes we have made deficits we face, we need to do that. America. After some hard work, I in the health care reform legislation, I Enactment of this legislation is not think we did just that. This Wall think we pretty much doubled that life the last step, but it is an important Street reform bill is good for Mon- to maybe closer to 15 or 20 years, but step. I look forward to seeing this im- tana’s community banks, and it bene- we still have a problem. With all the portant legislation signed into law and fits small businesses. money that is defrauded from Medi- to working with my colleagues and Even in this era of bitter partisan- care, we want to recover as much of it with the administration on its success- ship, the Senate unanimously passed as we can and put it back into the pro- ful implementation. an amendment I offered to make sure gram. A lot of times people say to us: Why banks only pay their fair share for Fed- But in any event, the pilot program— don’t you do something about waste, eral deposit insurance. Right now, which started in three States and ex- fraud, and abuse? They are convinced smaller community banks are paying panded to five States—this year we are that a lot of their money ends up being for 30 percent of this insurance, even expanding it to all 50 States. misspent, improperly spent, overpaid though they account for only 20 per- There is also a provision in the rein some case. The people, or entities, cent of all bank assets. That does not cently enacted health care law—it is businesses, should not get any of this make sense, and this bill fixes that called the Patient Protection and Af- money. Somebody ought to do some- problem. fordable Care Act, it is the health care thing about it. With the legislation This conference report also includes reform legislation adopted earlier this that will be on its way to the Presi- a provision I drafted requiring the Con- year—but there is a provision that says dent, hopefully tomorrow, we are going sumer Financial Protection Bureau to to the folks who run health care at the to do something about it. We already consider the impact of all rules on Department of Health and Human are doing some pretty good things community banks and credit unions Services that they have to expand this about it. We are going to do more, and and the rural customers they serve be- program, this cost recovery program, we need to build on that record. fore any of those rules are made. to include Medicare Advantage, to in- Thank you very much, Mr. President. The legislation ensures that commu- clude the Medicare prescription drug The ACTING PRESIDENT pro tem- nity banks will not be punished for the program, and also to include Medicaid. pore. The Senator from Montana is rec- bad behavior of the mortgage brokers As money is recovered from fraud and ognized. who offer risky mortgages. Those overpayments and missed payments in f banks will be able to maintain the Medicaid, that money will be split be- community-based regulators they cur- WALL STREET REFORM tween the States and the Federal Gov- rently have, and in the case of State ernment. Mr. TESTER. Mr. President, I rise chartered banks, the same lending lim- The sooner the full program is up and today in strong support of the Wall its they currently have. operating, the sooner we can recover Street reform conference report. The Additionally, this bill ensures that even more money—I think probably Senate will make history when we pass community banks will be able to con- billions of dollars—in additional over- this legislation that finally holds Wall tinue to provide the same mortgage payments. Street accountable and finally cleans products—including those specific to There is an added benefit to an ex- up the schemes and abuses that nearly farmers and rural Americans—to their pansion of recovery auditing. The Re- brought our entire economy to its customers. covery Audit Contracting pilot pro- knees. Most importantly, this bill ends For small businesses, this legislation gram has identified dozens of vulnera- once and for all taxpayer-funded bail- makes it easier for investors to help bilities in the Medicare payment sys- outs of Wall Street banks and invest- get new small businesses up and run- tem that can lead to additional waste ment firms. It finally gets rid of any ning while protecting investors from and fraud. notion that any private company can schemers. It exempts small public com- According to the Centers for Medi- somehow be ‘‘too big to fail.’’ panies from costly additional compli- care and Medicaid Services—that is the I never bought that argument. In ance and regulation under Sarbanes- entity that oversees Medicare and Med- fact, I was the only Democrat in the Oxley. icaid—the contractors hired to recoup Senate to vote against both the bailout This bill is a win for Main Street. It overpayments identified ongoing vul- of Wall Street and the auto industry. I holds Wall Street accountable and pre- nerabilities that could lead to future do not believe in bailouts. But I do be- serves the critical role community overpayments totaling about a third of lieve in making sure folks are playing banks have in strengthening commu- a billion dollars more. So not only did by the same rules. nities, creating jobs, and building the contractors recover about $1 billion Our economy went belly up a year small businesses. That is important be- in overpayments in the 3-year pilot and a half ago because there were no cause Montana families rely on their program, they also identified addi- referees on the field. With this bill, community banks to finance and grow tional problems in the systems they that is about to change. Big banks will their businesses and farms, help pay looked at, which, if we will address be required to pay for their own liq- their bills, and put their kids through them, will reduce and avoid errors in uidation should they fail, and tax- school. the future. payers will never again be a part of This is a strong bill. It ends tax- Tomorrow—what is today, Wednes- that equation. payer-funded bailouts. It begins a new day?—tomorrow, Thursday—I think to- The bill also streamlines the regula- era of strong commonsense regulation morrow afternoon—the Subcommittee tion of Wall Street, providing the ref- to put the sideboards on our fast-mov- on Federal Financial Management, erees the tools they need to get the job ing financial industry, without taking which I am privileged to chair, will done fairly and effectively. away the fundamental tools it needs hold a hearing, and that hearing will It also ensures that everyone will for healthy competition and growth, examine the history and the opportuni- now be playing by the same rules, and which strengthens this economy. ties for the Medicare Recovery Audit that unregulated entities offering fi- Let me be clear. Our work on this Contracting. nancial products have to live up to the legislation does not end today. I will In conclusion, the Improper Pay- same standards as the community continue to remain vigilant to ensure ments Elimination and Recovery Act, banks and credit unions that serve this legislation is implemented and en- which again, hopefully, the House will States such as Montana. forced in the way it was intended. We pass today—the Senate has already The bill has tough new rules to pre- simply cannot afford to do nothing and passed it; and hopefully the President vent the spread of risky and dangerous let our financial industry go by the will put his ‘‘John Henry’’ on it later products such as subprime mortgages wayside ever again. this month—that legislation will allow that torpedoed our Nation’s entire fi- With that, I thank you, Mr. Presi- us to make even greater strides in nancial industry. dent.

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.025 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5812 CONGRESSIONAL RECORD — SENATE July 14, 2010 I suggest the absence of a quorum. cussions regarding the promotion or le- bad for payers, the taxpayers in the The ACTING PRESIDENT pro tem- gality of the health care reform bill. I country and the people who pay their pore. The clerk will call the roll. think we are entitled to that. It is an own health care bills as well, and bad The assistant bill clerk proceeded to important matter. for providers—it is a bill that I think is call the roll. I see my friend Dr. BARRASSO on the bad medicine, to the point that Sen- Mr. SESSIONS. Mr. President, I ask floor, who has been a great expert in ator TOM COBURN and I, the other phy- unanimous consent that the order for our debates on health care reform. He sician—there are only two physicians the quorum call be rescinded. has repeatedly explained how this leg- who practice medicine in the U.S. Sen- The ACTING PRESIDENT pro tem- islation will impact health care ate, and I have been taking care of peo- pore. Without objection, it is so or- throughout America. As a physician, ple and their families in the State of dered. he understands that, and he has been Wyoming since 1983—we have come up f able to explain it to us in ways that with a report called ‘‘Bad Medicine: A KAGAN NOMINATION any of us should be able to understand. Checkup on the New Federal Health In fact, he gave us some very serious Care Law.’’ Mr. SESSIONS. Mr. President, the warnings about the fact that the prom- There are people who say: I don’t like week before last, we had the hearing on ises made for this legislation were not this. Now we have a nominee to the Su- Elena Kagan for her nomination to the legitimate, weren’t real, weren’t accu- preme Court who is very likely, if this U.S. Supreme Court, which is a tre- rate, and in study after study and re- works its way to the Supreme Court, to mendously serious and important posi- port after report that has come out, have an opportunity to make a ruling, tion. Five members of the Supreme Senator-Dr. BARRASSO has been proven a ruling for the people of the United Court—not just nine but only five—can correct. The warnings he gave us that States, on whether this body—this Sen- redefine the meaning of words in our it is not going to reduce costs and that ate, this House—has a right to tell the Constitution and really alter, in many other difficulties will arise have been American people what product they ways, the very structure of our govern- proven true—too much, in fact—and it must buy, whether it is health insur- ment. We have seen activist judges is a matter of real seriousness. ance, whether it is cars, whether it is that I think have tended in that direc- So I guess I wish to say that a judge the kind of cereal they eat for break- tion, and it is dangerous and harmful should recuse himself or herself if their fast in the morning. The American peo- because judges are given lifetime ap- impartiality might reasonably be ques- ple are very concerned. pointments. They are not accountable tioned on any matter that came before So I come to the floor also with this to the public. They are protected. Even them. editorial from Tuesday, July 13, this their salaries are not reducible while I believe Dr. BARRASSO has raised editorial entitled ‘‘Kagan and they serve in office. So we have to previously his concern about what it ObamaCare,’’ because the fundamental know and believe they will be neutral, really means if the U.S. Government question is, Should this nominee recuse impartial, unbiased, and will render tells an individual American citizen herself if she is, in fact, confirmed by judgments based on the law and the who is minding his own business that this body? One might say: Well, when facts and not on any preconceived com- he has to have an insurance policy. I would someone recuse themselves from mitments they may have had. will recognize him at this point and making a decision? Because, after all, Ms. Kagan is now the Solicitor Gen- ask him to at least share his thoughts she has been serving in this adminis- eral of the United States. She has on that important issue and why he be- tration, serving this President, serving taken some sort of leave of absence in lieves having a fair judge on the Su- the President who has promoted such a recent weeks since this nomination oc- preme Court is important. piece of legislation that forces Amer- curred, but she holds that title. The The ACTING PRESIDENT pro tem- ican citizens, forces the citizens of this Department of Justice Solicitor Gen- pore. The Senator from Wyoming. country to buy a product. eral represents the U.S. Government in Mr. BARRASSO. Thank you very The editorial says: Federal court, usually before the Su- much, Mr. President. Recusal arises as a matter of judicial eth- preme Court, and in important cases I come to the floor today with my ics if as a government official she expressed before the courts of appeals and often friend and colleague because I have an opinion on the merits of the health-care is involved in setting legal policy for just gotten back from a week of trav- litigation. This is what she would have to the United States and helping to advise eling all across the State of Wyoming, render a judgment on were she to be confirmed for the High Court. on that. So it is important that the a beautiful State this time of year. It goes on: American people know, before she is People are out and at parades. I had a confirmed—if she is confirmed—that chance to visit at several senior cen- It is also the question on which she is like- she has not been involved in matters ly to have participated given her role at the ters. The question that continued to Justice Department. that would bias her and cause her not come up was, Can the government force I would have to turn to my colleague to be able to serve impartially under me to buy health insurance? who is the ranking member of the Judi- the law and under the Constitution of A lot of people in Wyoming carry the United States. That is an impor- ciary Committee. their copy of the Constitution with It says as well that: tant question. them. They carry it in their breast The day before yesterday, I believe, The Solicitor General is the third ranking pocket. They carry it with them. It is official at Justice, its senior expert on Con- the Wall Street Journal had an edi- in the pickup truck. It is with them all stitutional issues, so it’s hard to believe she torial entitled ‘‘Kagan and the time. They continue to look to the wouldn’t have been asked at least in passing ObamaCare’’ in which it raised ques- 10th amendment, which says: about a Constitutional challenge brought by tions about the objectivity she might The powers not delegated to the United so many states. The debate about the suit bring to the Court and whether she had States by the Constitution, nor prohibited was well underway in the papers and on TV. been involved legally in the discussions by it to the States, are reserved to the The matter surely must have come up at At- or drafting the ideas concerning the de- States respectively, or to the people. torney General Eric Holder’s senior staff velopment and promotion of the health The people quote that. It just makes meetings, which the Solicitor General typically attends. care reform bill so massively affecting sense to the people of Wyoming that health care in America. It raised the Washington should not be able to come The editorial goes on to say: question: Should she recuse herself if into their communities, into our State, We doubt Ms. Kagan would have stayed mum about the cases in internal Justice that comes up, if she has been involved into their homes, and say: You must councils on grounds that Mr. Obama might in that? I think that is a very impor- buy this product. later nominate her to the Court. At the time tant question. So when I see the number of States— the Florida suit was filed on March 23, she The seven Republican members of the 20 now—that have filed suit against the was only one of several potential nominees Senate Judiciary Committee wrote Federal Government because of a new whose names were being floated by the White yesterday and asked Ms. Kagan to give health care law, a law that I think is House. detailed explanations as to what extent going to end up, if it is not repealed So here we have this, and that is she may have been involved in any dis- and replaced, being bad for patients, when you get back to that opening

VerDate Mar 15 2010 23:43 Jul 14, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.026 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5813 paragraph I read: ‘‘Recusal arises as a If you believe—and there is only one Secondly, I ask Senator BARRASSO, matter of judicial ethics.’’ view—that the Constitution is a gov- our question goes to a more specific So I say to my friend and colleague ernment of limited power, it has only situation that could mandate recusal, from Alabama, is this not a legitimate powers that are delegated to it—and and that is whether the nominee has area of concern, especially in light of they are enumerated powers—then participated in any discussions, strate- the fact that across this great country have we crossed a divide here that we gies, or making legal advice designed people are offended by this law? I just have not crossed before. That is why to promote this legislation. I think saw a poll that came out today. The these lawsuits are being filed. They are that would be a clear situation that popularity of this new law, which has very real. The one in Florida may be would require recusal. never been very popular and which was farther along than most of them; it is Also, specific questions could come forced down the throats of the Amer- already out there. Ms. Kagan, at this up regarding to what extent have these ican people, is now 7 percentage points very moment, sits as a Solicitor Gen- lawsuits that have been filed affected less popular now than it was even 2 eral of the United States—in title, if her and has she expressed any opinions months ago. So something exception- not fully acting—and was, I think, be- concerning the lawsuits. ally unpopular is getting even more un- fore this lawsuit was filed fully acting, Finally, I do not believe the Presi- popular. By a ratio of 2 to 1, people and it impacts the Federal Govern- dent is entitled to launch onto the Su- think it is going to raise their costs ment. The question we have asked that preme Court a political loyalist who and lessen their quality of care. I think must be answered by her is ex- will be a legal rubberstamp for any- Mr. SESSIONS. Mr. President, let me actly what kind of relationship and dis- thing that gets proposed, whether it is ask the Senator, on that question, are cussion she may have had concerning the takeover of AIG or of automobile the American people right or are the this legislation. companies or other things that may be people who promoted this bill right? First, I ask Senator BARRASSO—and decided. I think we need to be careful Are costs going up and is the quality of not being a lawyer can be a benefit in about this. health care going down? What is the this body, but I assume from the tone This nominee needs to answer those Senator’s opinion? of his comments that he is a little un- questions because what the Senator is Mr. BARRASSO. Mr. President, I easy that this high official in the hearing is what I hear. spent Friday visiting with colleagues, Obama administration—an administra- Mr. BARRASSO. I ask my colleague friends, patients at the Wyoming Med- tion that has committed the whole of this, as he participated in the hearings ical Center. Across the board, after its resources to the passing of this leg- and the questioning. Apparently, Ms. talking to physicians, talking to pa- islation—is now about to rise to the Kagan says she will recuse herself from tients, talking to others in the hospital Court and would be asked to decide participating in a number of cases—I as well as around the State of Wyo- what could be a deciding issue of think 11—on which she represented the ming, people believe it is going to be whether this health care bill stays law government in her current job as Solic- bad for patients, those waiting to get or is struck down. So without the nice- itor General. their care; bad for payers, the tax- ties at this moment on recusal issues, It seems that in a case such as this— payers of this country, the individuals does that make the Senator nervous? the area that the President of the who are paying for their insurance as Mr. BARRASSO. The whole health United States put all of his credibility well; and bad for providers, the nurses care law makes me nervous. I look at and effort into forcing through this and the doctors whom I talked to. They this and say that the underpinning of body and through the House and, in my have incredible concerns about what this law—the thing that holds it to- opinion, jamming down the throats of the impact is going to be on nurses and gether—is the mandate on the Amer- the American people—if she is already doctors when taking care of patients. ican people that everyone buy insur- going to recuse herself on 11 other The patients’ concerns are, are they ance, that everyone has to have insur- issues, it seems to me that we should going to get the kind of care they ance at work or through Medicare or also get that sort of a commitment on want, the kind they are accustomed to, Medicaid, but if none of those work, this issue. because no matter where I go in Wyo- you have to buy insurance. It is the As the Senator has said—and he has ming, I hear people saying: This is a government telling someone they have practiced law—recusal arises as a mat- bill that wasn’t passed to help me; it to buy it. ter of judicial ethics. Now we are talk- was passed and forced down our throats So I have great concerns when a gov- ing about the ethics of the individual to help someone else, and they are ernment thinks it is so powerful, and involved, and the decisions that person going to make me buy a product that I this body thinks it is so powerful— would then make based on the position might not want to buy, according to a more powerful than the American peo- to which they are nominated. number of criteria the government ple. I reject that, and I want to make Mr. SESSIONS. I believe that is cor- puts forward. sure that, as it gets to the Supreme rect. The standard is, among other They may not want what the govern- Court, there are people on the Court things, if your impartiality might rea- ment says they have to buy, and then who side with the American people sonably be questioned—and many you get back to the Constitution. Does and, most importantly, with the Con- judges are very sensitive about this—if this government and does Congress stitution—what to me the tenth you own a bunch of stock and you have have a right to tell the American peo- amendment means—and the people of one share in a big company like GE, ple what they must purchase? Wyoming, which is that the govern- and a case involving GE comes before Mr. SESSIONS. This is a funda- ment cannot come into our homes and you, you are expected to recuse your- mental question. The Constitution say you must do this—you must buy self, even though it is unlikely to have gives the U.S. Government the right to this product. an impact on your finances. But it regulate interstate commerce, that is Mr. SESSIONS. Well, I think that is doesn’t look good. true. The Supreme Court, at times, has exactly correct. I will say that whether I think we are entitled to know how taken a most minimal effect on inter- or not being a high official in this ad- sensitive this nominee is going to be to state commerce and says the Federal ministration, which is so committed to the dangers of her impartiality being Government can regulate it. But I am passing this legislation, whether that questioned, even if her actions are not not aware of a circumstance in which in itself legally requires a person to such that clearly, as a matter of judi- an individual in Wyoming, or Alabama, recuse themselves on the Supreme cial ethics, mandates her recusal. I minding their own business and not Court from hearing such a case, I am think we need to talk about that, and participating in an interstate com- not prepared to say at this moment, I feel like the American people that we merce health insurance policy in any but it makes me uneasy. meet with, who are concerned about way, and the Federal Government I believe a judge who decides that governmental overreach, who wonder if waltzes in and says you must partici- question must be impartial and cannot we have lost all sense of the limited pate in this in interstate commerce— be corrupted by friendship or empathy power of this government in Wash- you are not participating in it and they or bias in favor of the person who ap- ington, I believe those people are enti- require that you do participate in it. pointed them. That is important. tled to have absolute confidence that

VerDate Mar 15 2010 02:15 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.031 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5814 CONGRESSIONAL RECORD — SENATE July 14, 2010 anybody confirmed to the Supreme pressed or anything else—was there at any of momentous Constitutional importance. If Court will not sit on a case if they time you were asked in your present position there is any chance that the public will per- can’t be impartial, or if their impar- to express an opinion on the merits of the ceive her to have prejudged the case, or rub- tiality could even reasonably be ques- health-care bill?’’ ber-stamped the views of the President who Ms. Kagan: ‘‘There was not.’’ appointed her, she will damage her own tioned. Regarding a potential recusal, that’s not credibility as a Justice and that of the entire I thank the Senator for his leader- the right question. Ms. Kagan was unlikely Court. ship on the issue, and I am glad we had to have been consulted on the merits of As someone who hopes to influence the this colloquy. I hope we are going to health-care policy, and even if she did ex- Court and the law for decades, Ms. Kagan get a complete answer from the nomi- press an opinion on policy this would not be should not undermine public confidence in nee soon about any involvement she grounds for recusal. The legal precedents on her fair-mindedness by sitting in judgment that are clear. may have had explicitly, and then to on such a controversial case that began when Recusal arises as a matter of judicial eth- she was a senior government legal official. perhaps also inquire further about to ics if as a government official she expressed what extent she will be prepared to not an opinion on the merits of the health-care The ACTING PRESIDENT pro tem- participate if her impartiality can be litigation. This is what she would have to pore. The Senator from Washington is questioned. render a judgment on were she to be con- recognized. Mr. BARRASSO. If I can ask a final firmed for the High Court. It is also the ques- Mrs. MURRAY. Mr. President, I ask question. The final paragraph of this tion on which she is likely to have partici- unanimous consent to speak as in pated given her role at the Justice Depart- morning business. editorial that the Senator will intro- ment. duce into the RECORD says: The SG is the third ranking official at Jus- The ACTING PRESIDENT pro tem- As someone who hopes to influence the tice, and its senior expert on Constitutional pore. Without objection, it is so or- Court and the law for decades— issues, so it’s hard to believe she wouldn’t dered. We are talking about an appointment have been asked at least in passing about a Constitutional challenge brought by so many f that could last a lifetime, 30 or 40 states. The debate about the suit was well years. underway in the papers and on TV. The mat- Ms. Kagan should not undermine public con- ter surely must have come up at Attorney FINANCIAL REGULATORY REFORM fidence in her fair-mindedness by sitting in General Eric Holder’s senior staff meetings, Mrs. MURRAY. Mr. President, I have judgment on such a controversial case that which the SG typically attends. been fighting hard for a Wall Street re- We doubt Ms. Kagan would have stayed began when she was a senior government form bill that protects my State’s fam- legal official. mum about the cases in internal Justice councils on grounds that Mr. Obama might ilies, holds Wall Street accountable, It seems to me—and I ask the Sen- later nominate her to the Court. At the time and includes a guarantee that Amer- ator at this time—where someone may the Florida suit was filed on March 23, she ican taxpayers will never again have to be embarking on a long career on the was only one of several potential nominees pay to bail out Wall Street or to clean Court, wanting to do the right thing whose names were being floated by the White up after big banks’ messes. I am proud and head in the right direction, that House. to say that, finally, after months of the best decision would be to recuse Under federal law (28 U.S.C., 455(b)(3)), hard work, we are so close now to pass- herself from this case as well, if she is judges who have served in government must recuse themselves when they have ‘‘partici- ing legislation that does exactly that. confirmed, rather than get involved in pated as counsel, adviser or material witness This should not be a partisan issue. It it and potentially have an impact on concerning the proceeding or expressed an should not be about right versus left or her reputation for decades to come. opinion concerning the merits of the par- Republican versus Democrat. It should Mr. SESSIONS. I think that is cor- ticular case in controversy.’’ be about doing what is right for our rect. I appreciate the way the Wall Though their public chance has passed, families and small business owners in Senators can still submit written questions Street Journal expressed that. I think my State of Washington and across the that is a legitimate position. I hope the to Ms. Kagan for the record. We hope someone asks her directly whether the legal chal- country. It should be about who it is nominee will take very seriously those lenges to ObamaCare ever arose in her pres- we choose to stand up for and who we concerns and will respond promptly to ence at Justice, whether she was ever asked think needs our support right now. the questions we have asked of her. her views, and what she said or wrote about Some people have spent the last few I ask unanimous consent that the the cases. months standing up for Wall Street and Wall Street Journal editorial be print- We also think there are grounds for recusal big banks, trying to water down this ed in the RECORD. based on her response during her Senate hearings on the substance of the state legal reform, and fighting against any There being no objection, the mate- challenge. The Florida case boils down to changes that would prevent the big rial was ordered to be printed in the whether Congress can compel individuals to banks from going back to their ‘‘bonus RECORD, as follows: buy health insurance under the Commerce as usual’’ mentality. [From the Wall Street Journal, July 13, 2010] Clause. Ms. Kagan danced around the history I have been proud to stand with so of Commerce Clause jurisprudence, but in KAGAN AND OBAMACARE many others to fight against the Wall one response to Senator Coburn she did be- Street lobbyists and special interest Elena Kagan breezed through her recent tray a bias for a very expansive reading of groups and stand up for the families I confirmation hearings, but there’s some cru- Congress’s power. cial unfinished business the Senate should The Commerce Clause has ‘‘been inter- represent in Washington—families who insist on before voting on her nomination to preted to apply to regulation of any instru- want us to pass strong reform that can- the Supreme Court. To wit, she ought to ments or instrumentalities or channels of not be ignored or sidestepped in the fu- recuse herself from participating as a Jus- commerce,’’ she said, ‘‘but it’s also been ap- ture, who want us to end bailouts and tice in the looming legal challenges to plied to anything that would substantially make sure Wall Street is held account- ObamaCare. affect interstate commerce.’’ Anything? This able for cleaning up their own messes, In response to Senate queries, Ms. Kagan is the core question in the Florida case. If and who want us to put into place has said she’ll recuse herself from partici- she already believes that the Commerce strong consumer protections to make pating in 11 cases on which she represented Clause justifies anything that substantially the government in her current job as Solic- affects interstate commerce, then she has all sure big banks can never again take ad- itor General. The challenge to ObamaCare but prejudged the individual mandate ques- vantage of our families, our students, isn’t one of them, though the cases brought tion. or our seniors. by Florida and 20 other states were filed in A federal judge is required by law to recuse For most Americans, this debate is March, well before President Obama an- himself ‘‘in any proceeding in which his im- not complex; it is pretty simple. It is nounced her nomination on May 10. partiality might reasonably be questioned.’’ not about derivatives or credit default Ms. Kagan was never asked directly at her This has been interpreted to mean that the swaps; it is about fundamental fair- hearings about her role as SG regarding the mere public expression of a legal opinion healthcare lawsuits. The closest anyone isn’t disqualifying. But this is no routine ness. It is about making sure that we came was this question from Oklahoma Re- case. have good commonsense rules that publican Tom Coburn: ‘‘Was there at any Ms. Kagan would sit as Mr. Obama’s nomi- work for our families and our small time—and I’m not asking what you ex- nee on the nation’s highest Court on a case business owners. It is about the person

VerDate Mar 15 2010 02:15 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.032 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5815 who walks into a bank to sign up for a They cost homeowners the value of ness and good for your customer. I mortgage, or applies for a credit card, their most important financial asset as learned that strong customer service or starts planning their retirement. We neighborhoods have been decimated by and lasting relationships often made want to make sure the rules are now on foreclosures. your business much stronger; that per- their side and not with the big banks They cost our schoolteachers and our sonal responsibility meant owning up on Wall Street. police officers and all of our commu- to your mistakes and making them For far too long the financial rules of nities. And they cost our workers, such right. I learned that one business relied the road have not favored the Amer- as Devon, our students, such as Rob, on all the others on the same street. ican people. Instead, they have favored and our small business owners, such as I was taught that customers were not big banks, credit card companies, and Jude. prey and businesses were not predators, Wall Street. For too long, those people We owe it to people like them all and that an honest business was a suc- have abused the rules. across the country to reform this sys- cessful one. As we now approach this vote, I tem that puts Wall Street before Main It is time for us to bring those Main think it is important for all of us to be Street. We owe it to them to put their Street values back to our financial sys- clear about who it is we are fighting families back in control of their own fi- tem, to bring back an approach that for. I am fighting for people such as nances. We owe it to them to make puts Main Street and families over Devin Glaser, a school aide in Seattle, sure the rules that protect families sit- Wall Street and profits; that protects who told me that he had worked and ting around the dinner table at night, consumers, holds big banks account- saved his money and bought a condo balancing their checkbooks and finding able for their actions, and makes sure before the recession began. He told me ways to save for the future, not those people such as Devon and Rob and Jude he put 20 percent down on a traditional sitting around the board room table are never again forced to bear the bur- mortgage and was making his pay- finding ways to increase profits at the den for big banks’ mistakes. ments. However, like a lot of people expense of hard-working Americans. To I urge my colleagues today to stand who found themselves underemployed do that, we have to pass this strong with us against the status quo and for as a result of this recession, Devin has Wall Street reform legislation. this strong Wall Street reform bill that been unable to find work for more than It is important for families to under- families and small businesses in Wash- 25 hours a week. He told me he is now stand what this bill does and what ex- ington State and across the country unable to pay his mortgage. He will be actly opponents of this legislation are desperately need. Mr. President, I yield the floor. foreclosed on any day now. fighting against. The ACTING PRESIDENT pro tem- I am also fighting for people such as This bill contains explicit language pore. The Senator from Missouri. Rob Hays, a Washington State student guaranteeing that taxpayers will never whose parents have put their retire- Mr. BOND. Mr. President, I rise again be responsible for bailing out today to speak about the financial ment on hold and gone back to work in Wall Street. It creates a brandnew Con- order to send him to school. A few overregulation bill. The so-called fi- sumer Financial Protection Bureau nancial reform bill before us is being short years ago, Rob’s parents were in that will protect our consumers from the process of selling their home and sold to the American people as holding big bank ripoffs, end unfair fees, curb Wall Street accountable for the eco- preparing to retire. But then the fore- out-of-control credit card and mort- closure crisis took hold and they could nomic crisis that hurt every American gage rates, and be a new cop on the family and business in every commu- no longer find a buyer. As a result, beat to safeguard consumers and pro- they were forced to pay two mortgages nity across the Nation. We are told this tect their families. bill will end ‘‘too big to fail’’ and pre- with the money they had saved for It puts in place new restrictions for Rob’s school, and retirement was put vent future bailouts. small businesses from unfair trans- Unfortunately, just as the stimulus on hold. action fees that are imposed by credit I am fighting for people such as Jude bill was supposed to reduce unemploy- card companies. It enforces limitations LaRene, a small business owner in ment and the health care bill was sup- on excessive compensation for Wall Washington State, who told me that posed to lower health costs and reduce Street executives. And it offers new when the financial crisis hit, his line of the deficit, this bill, too, will do the op- credit was pulled. That forced him to tools to promote financial literacy and posite of what is advertised. It will not lay off employees, go deep into debt on make sure our families have the knowl- prevent future bailouts. It will create his personal credit card, and cut back edge to protect themselves and take another huge Federal bureaucracy; and on inventory—despite the fact that his personal responsibility for their fi- instead of punishing Wall Street, it toy stores were more popular than nances. will punish Main Street and the fami- ever. I have heard so many stories from lies who suffered—not caused—the fi- I am fighting for people such as people across Washington State who nancial meltdown. Devon and Rob and Jude because they have scrimped and saved and made the This bill was meant to rein in Wall are the ones being forced to pay the best with what they had but were dev- Street. Yet the biggest supporters are price now for Wall Street’s greed and astated, through no fault of their Goldman Sachs and Citigroup, and the irresponsibility. own—people who played by the rules biggest opponents are community Whether it was gambling with bor- but who are now paying the price for banks and small businesses in every rowed money from our pension funds, those on Wall Street who did not. city and town and community in the making bets they could not cover, or These are the people for whom we have Nation. I think that tells us all we peddling mortgages to people they to stand up, the people whose Main need to know about this bill. I urge my knew could never pay, Wall Street Street values I and so many others colleagues to listen to the folks at made reckless choices that have dev- fight for every day. home, the people who have to make a astated a lot of working families. With all of the new protections and living who are going to be burdened by In my home State of Washington, reforms this bill contains for families it. Wall Street’s mistakes cost us over and small businesses, one has to ask: I strongly oppose cloture on this bill. 150,000 jobs. They cost average families Who are the opponents fighting for and Yes, there have been improvements thousands of dollars in lost income. who are they standing up to protect? made, and I worked with my colleague, They cost small businesses the access I grew up working at my dad’s five- Senator DODD, to make sure we did not to credit they need to expand and hire and-dime store on Main Street in devastate the venture capital area. Un- and, in many cases, caused them to Bothell, WA—actually on Main Street. fortunately, that is coming in another close. Like a lot of people in the country, bill. But despite some of the progress They cost workers their retirement Main Street is where I got my values. we have made, the provisions most accounts they were counting on to I was taught by my dad that the prod- harmful to taxpayers, families, and carry them through their golden years uct of your work was not just about small businesses still remain. and students the college savings that the dollars in the till at the end of the As a matter of fact, new provisions would help launch their college ca- day. I learned that a good transaction have been airdropped into the con- reers. was one that was good for your busi- ference report that are so problematic

VerDate Mar 15 2010 02:15 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.033 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5816 CONGRESSIONAL RECORD — SENATE July 14, 2010 that neither Chamber could agree to lions in losses almost destroyed our fi- people were concerned this past week include them in either version. If we nancial system and poisoned the when I was home about what is going are truly committed to enacting real world’s financial system. on in Washington. I was talking with a bipartisan reform, then the majority I have heard some folks say: Why do group in Maryville in northwest Mis- would never allow items that were these bad practices mean something is souri. never debated and voted on to be in- going to happen to me? The way this I said: The uncertainty is really a cluded in the bill. bill is drafted, utility companies may problem for small businesses. I hope my Democratic colleagues will not be able to lock in steady rates for One small businessman corrected me. stand up for these principles about their customers, leaving them instead He said: No, it’s the certainty. We which they have talked so loudly and at the whim of a volatile market. The know what Washington has already say no to this backroom practice of utility companies will have to pay bil- done to the deficit, to the debt, to airdropping totally new concepts into lions to Wall Street or Chicago to clear health care, what it is going to do to fi- the bill. their normal long-term contracts and nancial regulation, and what it is I wish to talk now about some of the postcollateral with energy suppliers threatening to do to energy costs. most egregious provisions in the bill. through clearinghouses run by big fi- I asked everybody around the table: First, it is unbelievable and unac- nancial firms. That money will be im- Should I have said ‘‘certainty’’ rather ceptable that so many of my colleagues mediately passed along to every con- than ‘‘uncertainty’’? want to turn a blind eye to the govern- sumer of power from that utility com- They said: You certainly should. ment-sponsored enterprises, GSEs, that pany. That is what utilities do—they Small businesses are not willing or contributed to the financial meltdown pass it on to you and me as electricity able or even inclined to create jobs by buying high-risk loans that banks or gas or other customers of theirs. when this massive government rollout made to people who could not afford Mr. President, you and I and folks in of spending, taxation, and regulation is them. every community across the country coming down on them. Everyone here knows what I am talk- could pay higher costs every time we Let’s not be naive. Any of the new ing about. Despite this bill’s 2,300 flip on the light switch or turn on the costs as a result of new mandates and pages, it completely ignores the 900- air conditioner or heat. regulations, regardless of the entity on pound gorilla in the room: the need to That means family farms may not be which they are imposed, will be passed reform Fannie Mae and Freddie Mac, or able to get long-term financing, forcing down to the very people this bill claims the toxic twins as I not so fondly have many to quit farming and prevent to protect. Under the new, misnamed to refer to them now. many from beginning to farm. Consumer Financial Protection Bu- The irresponsible actions by Fannie The Wall Street Journal today, in a reau, or CFPB, the decisions on allo- and Freddie turned the American front-page article headed ‘‘Finance cating credit will no longer be based on dream into the American nightmare Overhaul Casts Long Shadow on the the safety and soundness requirement for too many families who have either Plains’’ tells how this bill will clobber for healthy banks. Instead, by empow- had their homes foreclosed or who are folks in agricultural communities who ering this new superbureaucracy with hanging on by a thread. have to have forward contracts. They unprecedented power, decisions on The irresponsible actions, pushed by never caused the problem, but it will credit will be driven by the administra- previous administrations on Fannie tie up capital and make them pay trib- tion’s political will and agenda. Poli- and Freddie, devastated neighborhoods ute to big firms on Wall Street or Chi- tics will then decide how to allocate and communities as property values di- cago. No wonder those big firms are for credit while operating outside the minished. them. There is a lot of business for framework of safety and soundness, To add insult to injury, after Freddie them, a lot of expense for the farmer, thus putting more risk back into the and Fannie went belly up, it was the the commodity hauler trying to make system when we were supposed to be very Americans who suffered from a living. taking risk out of the system. their irresponsible actions who were I am stunned that any Senator in This giant bill also contains a provi- left footing the bill. good conscience would vote for a bill sion creating a new Office of Financial As if that were not bad enough, un- that would increase costs for every Research. You will get to know this less we act now to reform the toxic American, especially at a time when one. It is given the authority to access twins, over the next 10 years Fannie working families are struggling to personal financial information of any and Freddie will cost the American make ends meet. One thing is certain: citizen in the United States. Well, I taxpayers at least an additional $389 This bill will enlarge government. don’t know about you, but I would pre- billion. Today’s Wall Street editorial opines fer not to have a new bureaucracy ri- In the joy of the Christmas holiday that: fling through my personal account in- last December, the administration Dodd-Frank, with its 2,300 pages, will un- formation in an era of economic and took off the $400 billion limit on them. leash the biggest wave of new federal finan- electronic communications where I have to ask: How much money do cial rulemaking in three generations. What- fraud and identity theft run rampant. they think they can lose if $400 billion ever else this will do, it will not make lend- Ordinary Americans who did not cause is not enough for them to lose? ing cheaper or credit more readily available. the financial meltdown should not be What is in this bill to address this They go on to state that one law firm punished and placed at risk because the problem? Absolutely nothing. Zip. has estimated that the new law ‘‘will government wishes to create this new, Zero. require no fewer than 243 new formal unnecessary office. Next, this bill lumps in the good guys rule-makings by 11 different agencies.’’ I could continue to list provision with the bad guys and treats them all What will be the effect? More law- after provision, pointing out expan- the same, particularly when it comes yers, more bureaucracy, more taxpayer sions of government and ill-intended to derivatives. money, and more lawsuits. policies that will create more uncer- Folks who are trying to manage and Certainly, I cannot vote in good con- tainty while failing to hit the objective control costs are treated the same as science for a bill that creates a massive of regulatory reform. However, this folks who are spending and speculating new superbureaucracy with unprece- Chamber doesn’t have the hours for my in the market, making shady bets with dented authority to impose govern- speech alone. I could say: Harsh letter money they did not have, making in- ment mandates and micromanage any to follow. If anybody wants to know, surance bets on property they did not entity that extends credit. we will be happy to send them lots of own. We are not talking about the big chapters and lots of verses. But, much This was described in the book, ‘‘The guys—the Goldman Sachs and the like the health care bill recently Big Short,’’ by Michael Lewis. These AIGs. In the real world, we are talking signed into law, I fear small businesses computer game derivatives, or insur- about the community banks, small re- will soon learn of many more unin- ance policies, were dreamed up by Wall tailers, and even your dentist. tended consequences which have yet to Street geniuses, some who made bil- I talked with a lot of small busi- be seen. Even the bill’s sponsors admit lions, others who lost billions. The bil- nesses and listened to them. A lot of that the bill’s long reach will not be

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.034 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5817 fully known until it is in place. Re- As the Davis Polk wonks put it, ‘‘U.S. fi- Under Dodd-Frank, if Firm A pays to cover member when the leader on the other nancial regulators will enter an intense pe- the cost of the last bailout, there’s no guar- side of this building said: If you want riod of rule-making over the next 6 to 18 antee that the FDIC will rescue its creditors to find out what is in the bill, you will months, and market participants will need if Firm A fails in the future. This is fun- to make strategic decisions in an environ- damentally different from traditional de- have to pass it. Well, in this bill, if you ment of regulatory uncertainty.’’ The law- posit insurance, which guarantees the same want to find out what it is going to do, yers needed 26 pages of flow charts merely to deal for every bank customer. Dodd-Frank unfortunately, you are going to find illustrate the timeline for implementing the allows the FDIC to discriminate among out if you pass it. I don’t want to have new rules, the last of which will be phased in creditors at its discretion. my fingerprints on what is going to after a mere 12 years. This transfer of wealth is a tax by any rea- happen to businesses, to communities, Because Congress abdicated its responsi- sonable definition, borne by the customers, and to jobs in the United States if it bility to set clear rules of the road, the lob- shareholders and employees of the compa- bying will only grow more intense after the nies ordered to pay it. Is this how Mr. Brown passes. President signs Dodd-Frank. According to plans to reward the tea partiers who carried To sum it up, if the goal is to enact the attorneys, ‘‘The legislation is com- him to victory last winter in Massachusetts? real reform that ensures we never, ever plicated and contains substantial ambigu- Is this the key to a small business rebound have another financial crisis like the ities, many of which will not be resolved in Maine? one we had 18 months ago, the bill falls until regulations are adopted, and even then, A good definition of a bad law is one that woefully short of that goal. It is light many questions are likely to persist that its authors are rewriting even before they on reform, heavy on overreach and un- will require consultation with the staffs of pass it. The only jobs Dodd-Frank will create intended consequences. Overall, this the various agencies involved.’’ are in Washington—and in law firms like In other words, the biggest financial play- Davis Polk. bill is too large, too costly for con- ers aren’t being punished or reined in. The sumers, and would kill job creation at only certain result is that they are being Triumph of the Regulators—Estimate of new a time when working Americans need summoned to a closer relationship with rule-makings under the Dodd-Frank finan- to be left to do what they do best, and Washington in which the best lobbyists win, cial reform by federal agency that is succeed. and smaller, younger firms almost always Bureau of Consumer Financial Pro- There is no doubt we need to protect lose. New layers of regulation will deter tection ...... 24 lending at least in the near term, and they CFTC ...... 61 every American from ever again falling Financial Stability Oversight Coun- victim to Wall Street gone wild. But are sure to raise the cost of credit. Non-blue chip businesses will suffer the most as the fi- cil ...... 56 what we do not want—and why this de- nancial industry tries to influence the writ- FDIC ...... 31 bate is so important—is to punish ing of the rules while also figuring out how Federal Reserve ...... 54 Americans for a crisis they didn’t to make a buck in the new system. FTC ...... 2 cause. Unless we scrap this failed The timing of Dodd-Frank could hardly be OCC ...... 17 Office of Financial Research ...... 4 version and start over, the Democrats’ worse for the fragile recovery. A new survey by the Vistage consulting group of small and SEC ...... 95 bill will do just that, and the costs will Treasury ...... 9 be paid by Main Street. midsize company CEOs finds that ‘‘uncer- Mr. President, I ask unanimous con- tainty’’ about the economy is by far the Total* ...... 243 most significant business issue they face. Of sent to have printed in the RECORD an the more than 1,600 CEOs surveyed, 87% said * The total eliminates double counting for joint editorial from today’s Wall Street rule-makings and this estimate only includes ex- the federal government doesn’t understand plicit rule-makings in the bill, and thus likely rep- Journal to which I referred. the challenges confronting American compa- resents a significant underestimate. There being no objection, the mate- nies. Source: Davis Polk & Wardwell rial was ordered to be printed in the Believe it or not, Mr. Frank has already Mr. BOND. Mr. President, I yield the RECORD, as follows: promised a follow-up bill to fix the mistakes Congress is making in this one. In a recent floor. [From the Wall Street Journal] all-night rewrite session, he and Mr. Dodd The PRESIDING OFFICER (Mr. THE UNCERTAINTY PRINCIPLE made a particular mess of the derivatives MERKLEY). The Senator from New Mex- So Republicans Scott Brown, Olympia provisions. They now say they didn’t really ico. Snowe and Susan Collins now say they’ll mean to force billions of dollars in new col- Mr. UDALL of New Mexico. Mr. provide the last crucial votes to get the lateral payments from industrial companies President, I ask unanimous consent to Dodd-Frank financial reform through the on existing contracts that present no sys- speak as in morning business. Senate. Hmmm. Could this be Minority temic risk. But that’s precisely what the The PRESIDING OFFICER. Without Leader Mitch McConnell’s secret plan to regulators could demand under the current objection, it is so ordered. take back the Senate, guaranteeing another language, and the courts will ultimately de- year or two of regulatory and lending uncer- cide when everyone sues after the new rules The Senator from New Mexico is rec- tainty and thus slower economic growth? are issued. ognized. Probably not, but that still may be the Taxpayers might naturally ask why legis- Mr. UDALL of New Mexico. I thank practical effect. This week White House lators don’t simply draft a better bill now. the Chair. aides leaked to the press that President But for Democrats the current and only pri- (The remarks of Mr. UDALL of New Obama may seek a review of regulations that ority is to pass something they can claim Mexico pertaining to the submission of are restraining business confidence and bank whacks the banks and which they can hail as S. Res. 581 are located in today’s lending. Yet Dodd-Frank, with its 2,300 another ‘‘achievement’’ to sell before the RECORD under ‘‘Submission of Concur- pages, will unleash the biggest wave of new elections. federal financial rule-making in three gen- More remarkable is that a handful of Re- rent and Senate Resolutions.’’) erations. Whatever else this will do, it will publicans are enabling this regulatory mess. Mr. UDALL of New Mexico. Mr. not make lending cheaper or credit more Mr. Brown and Ms. Collins say they now President, I suggest the absence of a readily available. favor Dodd-Frank because Congressional ne- quorum. In a recent note to clients, the law firm of gotiators agreed to drop the bank tax. But The PRESIDING OFFICER. The Davis Polk & Wardwell needed more than 150 lawmakers didn’t drop the bank tax. They clerk will call the roll. pages merely to summarize the bureaucratic only altered the timing and manner of its The assistant legislative clerk pro- ecosystem created by Dodd-Frank. As the collection. Instead of immediately assessing ceeded to call the roll. nearby table shows, the lawyers estimate a tax on large financial companies to pay for that the law will require no fewer than 243 future bailouts, the final version simply au- Mrs. LINCOLN. Mr. President, I ask new formal rule-makings by 11 different fed- thorizes the bailouts to occur first. The unanimous consent that the order for eral agencies. money to pay for them will then be collected the quorum call be rescinded. The SEC alone, whose regulatory failures via a tax on the remaining firms. The PRESIDING OFFICER. Without did so much to contribute to the panic, will Because this tax will be collected by the objection, it is so ordered. write 95 new rules. The new Bureau of Con- Federal Deposit Insurance Corporation, even Mrs. LINCOLN. Mr. President, I ask sumer Financial Protection will write 24, opponents of the bill have viewed it as part unanimous consent to speak as in and the new Financial Stability Oversight of an insurance system. It isn’t. Insurance is morning business. Council will issue 56. These won’t be one- when you pay a premium and the insurance The PRESIDING OFFICER. Without page orders. The new rules will run into the company agrees to replace your house if it hundreds if not thousands of pages in the burns down. A tax is when you pay the gov- objection, it is so ordered. Federal Register, laying out in detail what ernment and then the government decides Mrs. LINCOLN. Mr. President, I rise your neighborhood banker, hedge fund man- which houses it wants to replace when there to voice my support for the Dodd- ager or derivatives trader can and cannot do. is a fire in the neighborhood. Frank Wall Street Reform Act. As the

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.036 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5818 CONGRESSIONAL RECORD — SENATE July 14, 2010 chairman of the Senate Agriculture guidance and expertise as the rules and and Robert Holifield on our Agri- Committee, I was fortunate to play a regulations are written for this legisla- culture Committee staff, as well as role in writing some of the most impor- tion. As chairman of the Senate Agri- Anna Taylor on my personal staff. tant reforms of this legislation, and culture Committee—one of the key We have an enormous opportunity to that was the derivatives title. This his- committees of oversight—I pledge to be do something that is going to move us toric legislation the Senate stands vigilant in this process and retain a forward, understanding that we never poised to approve will rein in the reck- watchful eye on those regulators. It is get things perfect but, more impor- less Wall Street behavior that nearly imperative that our vision of strong re- tantly, that we are willing to step to destroyed our economy, hurting Ar- form is implemented properly; that ev- the plate and to do what we can to kansas small businesses and costing eryone should be doing their job—in make our country strong again, to millions of Americans their jobs. the legislation we write, the regula- make our economy strong again, to In 2008, our Nation’s economy was on tions that need to be written to match bring confidence to consumers and in- the brink of collapse. America was that, and the oversight to ensure that vestors in this Nation and globally in being held captive by a financial sys- balance continues. While the regu- order to move ourselves forward—not tem that was so interconnected, so lators must hold the financial system just for ourselves but for future genera- large, and so irresponsible that our accountable for its actions, Congress tions. I urge my colleagues to support economy and our way of life were must hold the regulators accountable, this conference report, and I look for- about to be destroyed. I will never for- just as the voters hold us responsible ward to this legislation being signed get the sobering meetings at the Cap- for a lack of meaningful reform. into law. itol with then-Treasury Secretary As the Senator from a rural State, I I yield the floor and suggest the ab- Hank Paulson and Federal Reserve will also ensure that our community sence of a quorum. Chairman Ben Bernanke, who informed banks are able to continue to meet the The PRESIDING OFFICER. The us of the imminent collapse of the U.S. lending needs of rural America and will clerk will call the roll. economy. Overnight, the United States not be subject to unintended con- The assistant legislative clerk proof America—the most powerful eco- sequences. Our community banks did ceeded to call the roll. nomic power on the globe—had been not create this problem and should not Mr. CORKER. Mr. President, I ask brought to the brink of collapse. have to shoulder the burden of paying unanimous consent that the order for Today, American families and small for the solution. the quorum call be rescinded. businesses are still managing the con- America’s consumers and businesses The PRESIDING OFFICER. Without sequences of the reckless behavior that deserve strong reform that will ensure objection, it is so ordered. occurred on Wall Street and nearly led that the U.S. financial oversight sys- Mr. CORKER. Mr. President, I ask to our economic collapse. Congress has tem promotes and fosters the most unanimous consent to speak as in the duty to the people we represent and honest, open, and reliable financial morning business. to future generations of Americans to markets in the world. Our financial The PRESIDING OFFICER. (Mr. ensure that this country’s economic se- markets have long been the envy of the FRANKEN.) Without objection, it is so curity is never again put in that kind world. The time has come for our coun- ordered. of jeopardy. Failure to correct the mis- try to restore confidence to our shat- Mr. CORKER. I wish to speak for a takes of the past is simply unaccept- tered financial system. The time has moment about the Dodd-Frank bill able. That is why I am proud to say come for us, the United States, to lead that we are going to vote on appar- that today we stand poised to deliver by example. We stand poised to deliver ently tomorrow evening. I wanted to the historic reform the American peo- that reform today, and I look forward talk a little bit about politics, which is ple deserve. to final passage of this bill. not my specialty, and then a little bit This legislation provides 100 percent Finally, a bill of this complexity and about the substance. transparency and accountability to our importance requires perseverance and I know the Presiding Officer has been shattered financial markets and regu- long hours, and the dedicated staff of highly involved in this bill and made a latory system. As chairman of the Sen- the Senate deserves congratulations. I positive contribution. I read recently ate Agriculture Committee, I was thank my colleagues, of course, Sen- comments made by our leader, the ma- proud to help craft the bill’s strong de- ator DODD and his staff, for their tre- jority leader here, and the President, rivatives title. This legislation brings a mendous work. In particular, I would and actually the chairman of the Bank- $600 trillion unregulated derivatives like to thank Ed Silverman, the Bank- ing Committee regarding the fact that market into the light of day, ending ing Committee staff director for his the reason the bill is the way it is is the days of Wall Street’s backroom partisan politics, and basically insinu- deals and putting this money back on dedication to finishing this legislation. ating that Republicans did not want to Main Street where it belongs. In all of I would like to also thank Senator deal with a financial regulatory bill. our communities across this Nation, CHAMBLISS, my ranking member on the Nothing has disappointed me more these reforms will get banks back to Senate Agriculture Committee, and his than the fact that we have a bill that the business of banking, protecting in- staff for their friendship and eyes and has basically ended up wrapping folks nocent depositors and ensuring tax- ears throughout this process; Senator around the axle as they tried to get payers will never again have to foot REID and his staff, of course, for their two or three votes on our side of the the bill for risky Wall Street gambling. leadership; and the administration and After spending countless hours on regulators for their extraordinary com- aisle to pass this bill. We had a tremen- this legislation and digging into the de- mitment to this reform bill; and cer- dous opportunity to pass a bipartisan tails of the derivatives world, I am here tainly our House colleagues, Chairmen bill. We had a tremendous opportunity to reassure my colleagues and all FRANK and PETERSON—particularly to pass a bill that would have shown Americans that this bill is strong, it is Chairman PETERSON of the House Agri- the American people that we in this thoughtful, and it is groundbreaking culture Committee in particular, and body have the ability to work together reform that will fundamentally change their staffs, for their cooperation and on big issues and solve problems. I our financial system for the better. We leadership. think it is a shame we did not do that. worked hard to ensure that it would. I also would like to thank my staff I have to say, from my perspective— It is important to reiterate that this for their unbelievable hard work and I think I put as much time into reform is not regulation for regulation throughout this process. There were a this bill as anybody here in the Sen- sake. It is surgical in its approach. We lot of long nights, a lot of complicated ate—it ended up being about partisan maintain an end-user exemption, pro- issues, and a lot of dedication on their issues. There was an overreach on mote restraints on the regulators, part to ensuring that what we produced issues that had almost nothing to do— where necessary, and provisions that was something that was good and solid as a matter of fact, absolutely nothing recognize we are competing in a global for the future of this country, particu- to do—with this crisis, to advance financial marketplace. larly Patrick McCarty, Cory Claussen, some political agenda issues, and then, Over the next year, Congress will Brian Baenig, Julie Anna Potts, Matt on the other hand, a total denial to rely heavily on the regulators for their Dunn, George Wilder, Courtney Rowe, deal with some of the core issues that

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.037 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5819 got us in this situation. So I am dis- were already in. So it is pretty fas- take is who leads it. This is an incred- appointed. cinating how we create bills and we do ible place for us to be, for us as a Con- We talk a lot. We have had groups not address the core issues, and then gress to be. I think it is an incredible come in, and they talk us to about how we have lots of unintended con- place for the administration to be, they want to see bipartisanship. Then sequences along the way, as we are see- where we are creating an entity, a con- some of us on both sides of the aisle ing play out right now. sumer financial protection organiza- step out from time to time to do that. I am not supporting this bill, which I tion, that has incredible rule-writing When it happens, and a lot of effort is had hoped to cosponsor. I am not sup- abilities, that has no board, no real expended, and the end product is not porting this bill out of partisanship; I veto ability, and yet on its own, one achieved, for a lot of forces that exist am not supporting this bill because it person—I am not talking about a group around here, the very people that you misses the mark. This is not the worst of people, but one person is going to de- end up reaching out to criticize the bill that has ever been created. I am cide the nature of what this organiza- fact that we ended up with a partisan not going to say that. It is not. We just tion is going to engage in. I find that bill. did not do our work. I mean, basically incredible. Yet, at the end of the day, let’s face what we have done is, as I mentioned, For all I know, the fears that I have it, one side has the majority, one side we left it to regulators. We did not deal about it, the fears I have about this or- has the minority. In this particular with some core issues. ganization, may not be borne out—may bill, I do not think there was, at the I offered an amendment to deal with not be borne out. end, a valid attempt to do that. So I underwriting. At the end of the day, re- I think the Presiding Officer very am disappointed. We have issues in this gardless of everything that people talk well may support this concept. He will country as they relate to our financial about at hieroglyphic levels, we had a never know whether his hopes for this system that do need to be addressed. lot of loans in this country that were organization are borne out until we No doubt, any bill of this magnitude, written to people who could not pay know who the person is and what their 2,300 pages, has some good things in it. them back. We did not have under- bent and flavor is. There are good provisions in this 2,300- writing standards. We still do not have I think that, again, as a body we had page bill. In many ways we punted underwriting standards. a responsibility to put a balance in most of the work to regulators. They At the end of the day, we had two en- place so that we knew what the direc- are going to spend the next 10 to 18 tities. I am not one of those who said, tion of this organization was going to months making rules that leave a lot these entities were the core reason for be over time. I find that to be incred- of instability in our financial system the problem. But the fact is, we had ibly irresponsible. at a time when I think people want to two enablers, Fannie and Freddie, that, As we look at this bill, I think one of have a degree of certainty. let’s face it, what they do is they allow the gauges of what it does is, we have I think the Presiding Officer today people to write bad mortgages, pool the folks on Wall Street who rhetori- tried to actually focus on greater cer- them together, and then they insure or cally my friends on the other side of tainty in some areas, and I might have purchase those. They were enablers. We the aisle wanted to bash, and, candidly, disagreed with some of those. But the have not dealt with that. all of America in many ways is upset fact is, I think part of our job here in I do not support this legislation, not with Wall Street is loving this bill. legislating is to create a degree of clar- because it is the worst bill in the They have got teams of compliance of- ity. world. It is not. As a matter of fact, we ficers who have the ability to deal with One of the shortcomings of this bill is do not even know what the outcome of regulations a consumer protection that—I think the count keeps going. I this legislation is. It is interesting, I agency might put out, all these have heard a count of 363 rulemakings. read the papers and they talk about rulemakings. As a matter of fact, typi- I have heard a group come out and say the fact that this is a historical piece cally when we regulate like this, it is there are 500 rulemakings. In essence, of legislation. We have no idea whether the big guys who benefit, and they get what we did with this bill in many this bill is historical. We will not know bigger. ways is say to the very regulators who for a long time until the regulators de- But the community banks, the small- had the power, candidly, to do most of cide what they are going to do with er banks in my State, and I think what is in this bill anyway, they had this bill, because basically the power is across this country, are the ones that that power within their purview, did left to a huge number of bureaucrats are concerned. I know we are all con- not do it, and kind of what we said is: which, by the way, we have created, cerned about the employment activity Look, we would like for you to make which is going to be like a malaise over in our country. All of us want to see rules. our financial community because we the economy improve. So K Street and government rela- did not give a lot of clear direction. We At the end of the day, most Ameri- tions folks are going to make a lot of left it to regulators. We created a bu- cans have to deal with these smaller money over the next 12 to 18 months as reaucracy. institutions. Most Americans want to they now lobby regulators to sort of One other note. I think the issue that deal with these smaller institutions. figure out what the rules of the road in many ways divided us—I know peo- They are people they go to church are going to be. In the process, again, ple on the other side of the aisle knew with, they go to Rotary Club, they see jobs in the country will be more stag- this well, refused to address it, al- at the grocery store. These are the peo- nant. though at one point we got very close ple they have relationships with. What The other piece of this is that this all and almost had a deal—was this issue we are doing in this legislation is we started with this sort of political agen- of the Consumer Protection Agency. are increasing the cost of capital that da: We are going to bash Wall Street. I am all for consumer protection. I is available to most Americans, and we Now Republicans have come out and think the concern that I had as an indi- are limiting the amount of that in- said, no, this is a Wall Street bailout. vidual is we have created a new entity. creased cost—that capital is going to So we had Democrats going to bash It has no board. It is an amazing thing. cost more—we are decreasing the avail- Wall Street, and Republicans saying, It has no board. Because of the stand- ability. this is a Wall Street bailout. Candidly, ards against which the way this organi- So we are decreasing the availability I do not know that it is either one. The zation is judged as it relates to its rule- of capital in communities across our fact is, I think most folks on Wall making, which is expansive across the country, and we are increasing the cost Street like this bill. entire financial industry, because of of that. So I find that it is an amazing As a matter of fact, I am looking at the standard against which you have to place where we are. We all care about hedge fund managers right now, read- challenge, there is no veto ability. employment, and yet we put in place ing the Financial Times, many of the This new organization has a budget policies that are counter to that em- folks who probably are involved in the anywhere from, I think, $600 million to ployment. So, again, I am disappointed riskiest businesses are now out forming $1 billion a year, and the only way the in the outcome of this bill. new hedge funds. Now they are moving Presiding Officer or I will know what I have appreciated working with to a more unregulated area than they direction this organization is going to many Members on both sides of the

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.041 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5820 CONGRESSIONAL RECORD — SENATE July 14, 2010 aisle to come up with a balanced piece will create and, obviously, the many damage done to the economy as a of legislation that will stand the test of technical changes that will result be- whole. We cannot talk to any room time, a piece of legislation, by the way, cause of the fact that we rushed our with owners of small businesses and that will actually deal with the core work. not hear stories about frozen lending, issues that created this financial crisis. This process began mostly about sub- about credit lines cut in half, about op- This bill does not do that in every area. stance. A lot of people put a lot of time portunities to expand a business, but, It does in some. I want to say that into trying to understand substance. I despite a regular banking relationship some of the derivatives—clearing know the Presiding Officer focused on extended over a decade, that bank can- houses, I think that is a good contribu- one particular issue and tried to offer not now extend the loans that would tion. Again, I think we have got end some substance in that regard. At the enable them to seize that opportunity users out across our country now who end of the day, politics took over. to create jobs. We still have massive are panic stricken, farmers and others, November is approaching. It would be disruption in our securities market who use derivatives in their daily lives. nice in the eyes of some people to have that provides the credit that fuels not And now maybe—we do not know be- a 60-, 61-vote bill. Some are said to like only home mortgages but many other cause regulators will decide down the obstruction. I can tell my colleagues, parts of the economy. road. We punted that. We said, we will nothing could be further from the This economic meltdown has been a let the regulators decide. So for a pe- truth, especially on this piece of legis- huge factor in contributing to the na- riod of time, they are going to be con- lation. tional debt. In every possible way, the absence of responsible lane markers cerned about whether they are able to What I regret most is, I know this and traffic signals has wreaked havoc put up their tractors and barns and bill is going to have the unintended on the American family and the Amer- other things as collateral against de- consequence of hurting Tennesseans, ican economy. We are here now to set rivatives or be in a more risky posi- hurting people from Oregon and Min- that straight, to restore those lane tion. nesota and around the country. There We have missed the mark. I realize is no question that with all that we markers and traffic signals. What really happened? It can be that, ironically, after a year of work, have laid out in these 2,300 pages, there summed up in two words: irresponsible 2,300 pages, hundreds and hundreds of will be less credit available and the deregulation. Let’s get into the details credit that is available will cost more rules that are getting ready to be gen- a bit further. Let’s start with irrespon- money. What we really have done with erated by regulators. It is my under- sible deregulation that led to new pred- this bill is hurt the average American. standing there is now already another atory mortgage practices. One of those I yield the floor and suggest the ab- bill coming to correct this bill. That is practices was liar loans, loans in which sence of a quorum. pretty amazing to me. the loan officer was making up the I wish to say that politics ends up The PRESIDING OFFICER. The numbers and putting them in because overcoming substance, I have seen as clerk will call the roll. they knew they could turn around and bills come to the floor. We had an op- The bill clerk proceeded to call the sell that loan to Wall Street and have roll. portunity which we missed to try to no responsibility for whether that fam- Mr. MERKLEY. I ask unanimous get this bill right in a bipartisan way. ily succeeded in making the payments. In spite of the fact that I am dis- consent that the order for the quorum Another predatory practice was appointed I cannot support this legisla- call be rescinded. steering payments—mortgage origina- The PRESIDING OFFICER. Without tion strictly on policy grounds, I do tors getting paid huge bonuses to sign want to say that our staff and our of- objection, it is so ordered. people up for mortgages that had in the Mr. MERKLEY. I ask unanimous fice is going to continue to be engaged fine print hidden exploding interest consent to speak as in morning busi- with others. I know there is going to be rates, so the family could easily make a lot of other activity as a result of ness. the payments at 5 percent, but when The PRESIDING OFFICER. Without this bill, some of the unintended con- that hidden language triggered 9 per- objection, it is so ordered. sequences, some of the mistakes that cent, there was no way the family was Mr. MERKLEY. Mr. President, I rise have been made and some of the glar- going to be able to make those loan to address the Dodd-Frank financial re- ing omissions we did not deal with, payments. Since most of those were on form bill and to share the reasons it things such as—it is hard for me to be- a 2-year delay, we can think of it as a lieve that we would not take the time makes a great deal of sense to restore 2-year fuse, a ticking timebomb, a to upgrade our Bankruptcy Code so the lane markers and traffic signals to ticking mortgage timebomb that was that a large entity that fails goes our financial system—lane markers going to go off and destroy that fam- through some of the same things the and traffic signals that were ripped ily’s finances. Then the prepayment same entity in Minnesota might go away carelessly, thoughtlessly over the penalty that locked people into those through. It is amazing to me that we course of a decade and led to the eco- loans. These retail mortgage practices did not do that work. But we still have nomic house of cards that melted down resulted in irresponsible deregulation. an opportunity. last year, doing enormous damage to Then we had the securities that were I know the Presiding Officers have America’s working families. There may made from those bad mortgages by fi- now changed. I know the Presiding Of- be many in the financial world who feel nancial firms, packaging those bad ficer sitting here today is on the Judi- pretty good about the most recent bil- mortgages, putting a shiny wrapper on ciary Committee. I also know that over lion-dollar quarterly profits or million- them, and then selling them with AAA the course of the next year or two we dollar bonuses, but families in Amer- ratings to financial institutions, to will have the opportunity to work on ica’s working world are not feeling so pension funds, to investment houses, that and try to develop something so good. They are looking at their retire- tossing those mortgage securities hith- that when a large, highly complex fi- ment savings being decimated. They er and yon without full disclosure. nancial entity fails, there is actually a look at the value of their house and re- When those mortgages that were in sort of standard they go through when alize it is worth less than it was 6 years those packages went bad, those securi- they fail that people understand, and ago. For many families, the amount ties were going to go bad. That is what they understand the bankruptcy stats, they owe on the house is more than it happened in 2008 and 2009. It melted they understand what their rights are is now worth. Families are looking at down this economy. going to be. lost jobs and lost health care that went Another piece was the irresponsible There is a lot of work left to be done. with those jobs. They are looking at an deregulation lifting leverage require- I am disappointed in where we are and economy that struggling to recover, ments on the largest investment what we are going to be voting on to- that is providing them few opportuni- houses. Bear Sterns in a single year morrow night. ties to get back on their feet. went from 20-to-1 leverage to 40-to-1 le- I cannot support it, but I do look for- The meltdown triggered by the eco- verage. That means they were going to ward to working with my colleagues on nomic house of cards built up over the make a lot more money when every- changes that will have to be made, on last decade is enormous. It is not only thing is going up, but it means the mo- the unintended consequences this bill the damage done to families, it is the ment things turn down, they can’t

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.042 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5821 cover their bets and they are going to sumer protection responsibilities to electrician to wire up your basement. go out of business. the Fed, but the Fed had its monetary The electrician leaves, and you find out Then we had credit default swaps. mission in the penthouse of their office he or she took out a fire policy on your That is a fancy term for insurance on building. They had safety and sound- house. I think you might be a little the success of a bond. That new insur- ness on the upper floors, but they put worried about the quality of the wiring ance was issued by AIG without any consumer protection down in the base- that was done in your basement. collateral being set aside to cover the ment. They ignored it. They didn’t act Or consider this possibility: You buy insurance—complete failure to deregu- on the responsibilities they had. So we a car and you find out the person who late this new product. Those insurance put those responsibilities in an organi- sold you the car took out a life insur- policies, those credit default policies zation, a Consumer Financial Protec- ance policy on you. Well, you do not created an interwoven web in which if tion Bureau that has a single mission— like the idea, I do not like the idea, of one firm failed and couldn’t pay off its not a third mission or a fourth mission, the possibility that someone would sell responsibilities under the credit de- not a forgotten mission, not a mission a car that is defective so they can take fault swaps or insurance policies, then we put in the basement, but a first mis- out a life insurance policy and maybe the firm that it owed was going to fail. sion—so that Americans can choose cash in. It set up a web of potential collapse. from responsible financial products, Yet that was what was happening Those are the types of dramatic not ones that compete to see who can with securities: companies taking bad issues created through irresponsible de- have the biggest scam, the biggest de- loans, putting them in a shiny wrapper, regulation that we must address in this ception, the biggest trick or the big- selling them, and then taking out an body and that are addressed in the gest trap but instead can compete on insurance policy—a credit default Dodd-Frank financial reform bill. the cost of the product and on the qual- swap—so when that security went bad First, the bill ends those three preda- ity of the service. they could cash in. tory mortgage practices I spoke of. It The third thing this bill does is redi- Well, we need to have a level of in- ends liar loans. It creates underwriting rects banks to the mission of providing tegrity in the formation of our securi- standards. My colleague from Ten- loans to families and small businesses. ties or our bonds. This bill takes us in nessee mentioned he would like to see This is the core function of the bank- that direction. This bill puts the sale of underwriting standards in this bill. ing world. What happened over the last swaps on organized markets. What are swaps? Again, they are insurance poli- They actually are in the bill. That is a few years is some of our banks said: It cies, based on interest rates; insurance very important part of this legislation. is a lot more fun to bet on high-risk in- policies, based on exchange rates; in- This bill ends the steering payments, vestments than it is to make loans to surance policies, based on the success the bonuses paid to mortgage origina- families and businesses. But that is not tors to basically guide people into of securities. the mission of the banks that have ac- You cannot sell insurance to the gen- tricky mortgages with hidden explod- cess to the Fed window for discounted eral public without setting aside re- ing interest rate clauses. This bill funds from the Federal Reserve. That serves, but these swaps were sold with- stops prepayment penalties that were is not the mission of the banks that we out reserves. So this bill before us used to lock families in. If you are in a insure their deposits. The function of today says reserves are necessary so mortgage and you have to pay several those banks is to make sure there is li- the bet can be covered if the event you pounds of flesh to get out of that mort- quidity in the hands of our businesses are insuring should happen. gage—and by that, I mean perhaps 10 so they can thrive and so families can It also creates a market for them so percent of the value of your house— thrive. This bill redirects them to that the customer—that is normally a busi- where is that 10 percent coming from? mission. ness that wants to hedge its interest You can’t do it, so you are locked in. Let me put it this way: High-risk in- rate risk or its exchange risk or its in- You are chained to the steering wheel vesting is a little bit like high-speed vestments in securities, that wants to of a car going over a cliff. We have got- car racing. hedge and protect itself against the ten rid of that practice. You know as you watch cars going possibility that those will go down or The second main thing we have done around the race track they are going to change—they can get that at a much is establish real-time consumer protec- push the boundaries, the limits of better price when they can do so tion to end scams and tricks and traps speed and traction, and they are going through the power of a transparent, or- in financial documents. There was a to do quite well. They are going to try ganized market. woman from Salem, OR, who wrote to to nudge ahead of the rest of the cars. So being able to hedge risk at a much me. She wanted to share her story, just But then, eventually, one is going to cheaper price is a huge contribution to one of the little pieces of malfeasance hit some rubber on the track or some the formation and allocation of capital that had occurred. She had paid her oil or some gravel or get bumped by an- in our country. credit card bill on a timely basis other car and the race car is going to Finally, this bill allows a systematic month after month, year after year. crash. way to dismantle failing firms in the She was very surprised when she re- When you go to the track, you pretty financial world so it minimizes sys- ceived a letter saying she had a late well know in advance you are going to temic risk and so the industry itself payment and owed a fee. So she called see a car crash. That is the way it is picks up the cost of their failure, so we up the credit card company and said: with investment houses. They are com- the taxpayers are not in a position of How can this be? I always pay on time. peting with each other to find the best having to pick up that cost. The person on the other end said: opportunities for the highest return, so I know some of my colleagues on the Yes, we received your payment, as you we know they are going to crash—that other side have simply asserted the op- indicated. But your contract says we some of them will—and we accept that. posite to try to confuse the issue. Well, don’t have to post your payment for 10 This is an important role in the forma- I think that is irresponsible because so days, and so we didn’t post your pay- tion, aggregation, allocation of capital. much was done in this bill to make ment right away. We posted it at the But we want them to crash on the race sure American taxpayers are never end of that 10-day period. At the end of track, not to crash out on the streets again on the hook for the failure of fi- the 10-day period, your payment was of the city or the streets of the coun- nancial firms in our Nation. This is the late. So you owe us this fee. It is all in tryside. That is why this bill moves type of responsible lane markers and your contract. high-risk investing out of the banks traffic signals we need in our system. She said: How can that be fair? that should be dedicated to the mission Certainly every one of us here be- That is why we need a consumer proof providing loans to small businesses lieves there are further strides that tection agency for citizens across the and families. could be made. There are standards in country. Members know what I am Another key thing this bill does is re- this bill that I would like to have crisp- talking about because virtually every store integrity in the formation of se- er. There are terms for which I know one of us has opened up a statement curities. Let me put it to you this way. we will need fierce, vigilant regulation and gone: Wait, how can that be fair? Imagine that an electrician comes to to make sure those terms are not ex- We did have the delegation of con- your house because you are asking that panded into loopholes.

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.043 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5822 CONGRESSIONAL RECORD — SENATE July 14, 2010 This bill does not do as much as I the bill and look forward to further this year, our national debt will be a would like to address the issue of per- comments today and tomorrow by oth- staggering $13.8 trillion. That is an al- verse incentives in the system of rating ers on this product. At a later point most $2 trillion increase in 1 year. As securities, something the Presiding Of- today, we will go into greater length the book of Proverbs tells us in chapter ficer was a huge advocate for, and put about the bill. But I would urge my 7, verse 22, ‘‘The rich rule over the poor forward a terrific policy to address. We colleagues to support this legislation. I and the borrower is the servant of the are going to have to keep working on am very grateful to all who have been lender.’’ that piece. involved—both Democrats and Repub- America must address its debt and But in each of these areas I have de- licans—in trying to make this as stop borrowing money from countries scribed, this is a quantum improve- strong and as good a bill as we possibly such as China and others that don’t ment. I think colleagues on both sides could. have our best interests at heart. We of the aisle know that. So beware of ef- I have listened with some interest just can’t keep kicking the can down forts to confuse the debate trying to today to the comments of others about the road. Our national debt is one of say what is north is south and what is this legislation, with some amusement, the most important problems we face, east is west. I might add, in terms of observations and our failure to begin to address the So these are the reasons—these core about how we got to where we did. But, fiscal crisis will damage our economy, improvements to our financial system nonetheless, that is the nature of this our national security, and the kind of that enhance the ability to aggregate institution, I suppose. future we leave to our children and and allocate capital efficiently—why I With that, I again thank Senator grandchildren. am supporting this bill. I applaud the MERKLEY for his fine work. Still, I know Ohioans are hurting, so chairman of the Banking Committee, I suggest the absence of a quorum. I approached the majority leader and who steered this bill through enormous The PRESIDING OFFICER. The told him I would provide the vote he sets of obstacles. It is reported that clerk will call the roll. needed to extend unemployment insur- Wall Street hired 1,000 extra lobbyists The assistant bill clerk proceeded to ance if the Democrats were willing to to try to torpedo the bill that is before call the roll. use some of the estimated $40 billion us. That is a lot of obstacles to get Mr. VOINOVICH. Mr. President, I ask unspent stimulus money to help offset through. unanimous consent that the order for at least half of the stand-alone unem- These are complex issues that re- the quorum call be rescinded. ployment insurance extension. He required thoughtful analysis and had to The PRESIDING OFFICER. Without jected my offer but remained at the be worked and reworked. So I applaud objection, it is so ordered. table on what I considered to be a fair the chairman’s work in taking us to and simple bill: Extend the unemploy- this point where we are prepared to f ment benefits and pay for half of it. send this bill on to the President’s INVESTING IN AMERICA So I say to my friends on the other desk. Mr. VOINOVICH. Mr. President, I side of the aisle, let’s get it done. Let’s I would like to particularly thank rise today to discuss the state of unem- my colleague, Carl Levin, who teamed extend UI benefits in a bipartisan man- ployment in our country and what we ner and pay for at least half with stim- up to work with me on a proposal to need to do to finally create sustainable take high-risk investing out of the ulus funds. I am confident we could get jobs and grow our economy. 60 votes for that tomorrow. bank holding companies and to im- The unemployment rate currently prove the integrity of bonds. That was Second, I know most people in Amer- stands at 9.5 percent nationally and in ica would rather have a job than col- work that came straight out of the my State 10.7 percent. Clearly, some- committee work he did in such a capa- lect unemployment insurance. They thing has to be done about this. It ap- would rather have a job than collect ble and timely fashion. pears that the new Senator we are ex- So with that, I conclude by saying we unemployment insurance. But my con- pecting from the State of West Vir- need a financial system that is not cern is that not enough is being done ginia may be the deciding factor when about quarterly profit margins on Wall by this administration—or by Con- we vote later this month to begin ad- Street, that is not about the size of bo- gress, for that matter—to put people dressing this problem. nuses on Wall Street but is about pro- back to work or create an environment First, I think we need to understand viding a foundation for business to where businesses have enough con- that we need to instill certainty into thrive, for employment to be increased, fidence in the future to unleash a cor- the economy by providing relief to the for families to find work, and to build porate, private sector stimulus. segment of our fellow citizens who can- financial foundations for the success of I wish to quote from a current News- not find work. Because of the downturn those families over the next several week article by Fareed Zakaria enti- in the economy, I have already voted decades. That is the type of financial tled ‘‘Obama’s CEO Problem. He needs foundation we need, and this bill cer- multiple times to extend unemploy- business on his side now.’’ tainly is a huge stride in accomplishing ment insurance from the standard 26 I ask unanimous consent to have this that. weeks to 99 weeks, amounting to tens article printed in the RECORD following Mr. President, I yield the floor. of billions of dollars. But this emer- my statement. The PRESIDING OFFICER. The Sen- gency extension has now expired, leav- The PRESIDING OFFICER. Without ator from Connecticut. ing many without the benefits they objection, it is so ordered. Mr. DODD. Mr. President, I will not need to stay afloat. So let’s extend un- (See exhibit 1.) take long at this moment. I just want employment insurance once again. Re- Mr. VOINOVICH. He says the fol- to compliment our colleague from Or- suming this emergency program lowing: egon—as well as other members of the through November 30 will cost about Actually, there is a second stimulus, one committee—for his work on this his- $33 billion, and I believe we should pay that could have a dramatic effect on the toric piece of legislation. This was a for at least half of it from the stimulus economy—even more so than government long time in putting together a com- funds. spending. And it won’t add to the deficit. prehensive, complicated piece of legis- Just before the recess, I supported an He goes on: lation dealing with financial reform. unemployment insurance extension The Federal Reserve recently reported that There are many people who deserve that was fully paid for, but my Demo- America’s 500 largest nonfinancial compa- credit for the product of this legisla- cratic colleagues blocked that amend- nies have accumulated an astonishing $1.8 tion, not the least of which is Senator ment offered by Senator JOHN THUNE, trillion in cash on their balance sheets . . . MERKLEY of Oregon, a new Member to preferring instead to continually bor- and yet, most corporations are not spending this body but a very active and vibrant row money on the credit card of our this money on new plants, equipment, or children and grandchildren. Last year, workers. Were they to loosen their purse member of the Banking Committee strings, hundreds of billions of dollars would who added substantially to the product we borrowed $1.4 trillion. That means start pouring into the economy. And these that is now before us. we borrowed 41 cents of every dollar we investments would likely have greater effect So I appreciate having the oppor- spent last year. Over half of this debt is and staying power than any government tunity to hear his observations about held by foreign investors. By the end of stimulus.

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.044 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5823 He goes on to say: can serve the economic needs of the Loree Soggs with the Cleveland The key to a sustainable recovery and ro- country by doing something I have Building and Construction Trades bust economic growth is to get companies to talked about for a long time, which is Council, which represents more than start investing in America. So why are they by passing a surface transportation re- 17,000 union workers in northeast Ohio, reluctant, despite having mounds of cash authorization bill this year, which is a said workers are not seeing much of a lying around? [Mr. Zakaria] put this ques- legitimate objective for government. spike in jobs, and unemployment fig- tion to a series of business leaders . . . economic uncertainty was the primary cause of This is something people can’t do indi- ures range from 20 percent in some their caution . . . but in addition to econom- vidually or working with others. The trades to 40 percent in other trades, ics, they kept talking about politics, about government has to do this. With the such as electricians. the uncertainty surrounding regulations and U.S. economy struggling from the In Cincinnati, OH, Matt Brennan, taxes. worst economic recession since the CEO of Loveland Excavating, Inc., says The Business Roundtable, which has Great Depression, the immediate im- that his company’s sales are down 53 supported the Obama administration, pact of this bill would be on jobs. percent, his workforce is down 55 per- has begun to complain about the myr- According to the American Associa- cent, and workers’ salaries are down 25 iad of new laws and regulations being tion of State Highway and Transpor- to 35 percent due to the lack of over- cooked up in Washington. tation Officials, AASHTO, which rep- time. He has seen numerous projects He goes on to say: resents the State departments of trans- abandoned due to lack of funding. One CEO said to me, ‘‘Almost every agency portation, there are over $47 billion of Banks are calling lines of credit for we deal with has announced some expansion highway projects ready to go, sup- creditworthy contractors. There are no of its authority, which naturally makes me porting 1.6 million jobs—again, $47 bil- lending sources available. Many con- concerned about what is in store for the fu- lion of highway projects ready to go tractors are failing and closing their ture.’’ Another pointed out that between the that would create 1.6 million jobs. Ac- doors. That is happening all over. This new health care bill, finance reform, and pos- is not just occurring in my State but, sibly cap-and-trade, his company had law- cording to the American Road and yers working day and night trying to figure Transportation Builders, ARTBA, the as I say, across the country. out the implications of these new regula- transportation construction industry Mr. Hammack, president of C.W. tions. supports the equivalent of 3,383,200 Matthews Contracting Co., one of the Finally, Mr. Zakaria concludes: American jobs. largest road construction companies in Obama now needs to outline a growth and Just think about the massive impact Georgia, said the ripple effect of the competitiveness agenda that will seem com- this industry has on employment in delay of a reauthorization bill has al- pelling to the American business commu- the United States. It directly provides ready reached firms like his. His com- nity. This might sound like psychology more more—this is something that is really pany has already laid off 700 of its 2,000 than economics, and the populist left will surprising to me—it directly provides employees since 2007 because of the re- surely scream that the last thing we need to more American jobs than the U.S. cession. Now the delay in passage of do is pander to business. But in fact the first motor vehicle and parts manufactur- the Transportation reauthorization bill thing we need is for these people to start and the dearth of State contracts mean spending their money—soon. As a leading ers, plastics and rubber product manu- New York businessman, who had publicly facturers, beverage and tobacco prod- he is planning to lay off as many as 200 supported Obama during the campaign, said uct manufacturers, and petroleum and more employees by the end of the year. to me, ‘‘Their perception is our reality.’’ coal products manufacturers, among He said: John Meacham, the editor of News- others. Our domestic transportation in- You can’t proceed under business as nor- week, recently put it this way. He said: dustry is the backbone of virtually all mal when there’s no clear direction out there. It’s too dangerous to bet on the future A populism that begins in the boardroom of the major industry sectors that com- and put your company in financial jeopardy. would really be change we could believe in. prise the U.S. economy—and the Amer- So the administration and Congress ican jobs that they sustain. The infra- He said that the administration’s should listen to these concerns, give structure built, maintained, and man- stimulus package, while a positive the private sector the certainty it aged by this industry is a vital part of shot, hasn’t provided long-term help needs to plan and grow, and unleash a our economy. for the heavy construction companies lasting stimulus that doesn’t cost a Unfortunately, the American trans- such as his. dime. portation construction sector is cur- The stimulus package, at least as it relates I am reminded of my second inau- rently in the worst condition since to Georgia, isn’t putting the heavy equipment to work that moves dirt. gural speech as Governor in 1995. I World War II, over 60 years ago. The made the following statement which I unemployment rate in construction is He said: believe is still relevant today. I was over 20 percent—higher than any other . . . It’s not a sustainable cure for what elected Governor in 1990, and this was industry and two times higher than the ails the transportation industry. my second inaugural speech after being unemployment rate in the U.S. econ- Paul Campbell, executive vice presi- reelected: omy generally. dent of Wheeler Machinery, a Cater- We have tried to respond to a very clear As a former member of the Laborers’ pillar dealer in Salt Lake City, said message the voters sent in 1990 and re- International Local 310 in Cleveland, I that Utah’s contract work has ground affirmed in 1994. People are fed up with big am particularly sensitive to the unem- to a standstill as well. government—fed up with government that ployment among my brothers and sis- There’s a trickledown when you mess with presumed to know or sought to provide all ters in the labor movement. Highway infrastructure. It has a freezing effect on ev- the answers—and fed up with government and transit construction accounts for erything. that had forgotten its mission and lost touch about 75 percent of jobs for laborers in At his firm, this has meant 221 lay- with its customers. They were telling those of us in govern- this country. The unions have under- offs. He is considering laying off more ment that we were no better than the people scored in meetings all over Ohio that of the 629 employees left. whose hard-earned dollars go into the tax they don’t want unemployment. They Mr. Campbell said: basket. Ohioans were expecting us to work don’t want unemployment. They want There’s very little private money going harder and smarter and do more with less, jobs, and they can’t understand why into any kind of construction. You take the just as they were doing in their households, Congress is hellbent to push a climate Federal contracts out of that and it gets a farms, factories, and offices. bill that will put more of them out of whole lot worse really quick. And they were reminding us of how Lin- We need a reauthorization of the coln defined good government. He said, ‘‘The work rather than the reauthorization legitimate object of government is to do for of the surface transportation bill. transportation bill. States are facing a community of people, whatever they need Why aren’t we spending our time on the most difficult financial situation in to have done, but cannot do at all, or cannot the reauthorization of surface trans- 50 years. This year, in spite of the do so well, for themselves, in their separate portation? Why are we spending so stimulus, 21 States have indicated that and individual capacities.’’ much time on cap and trade? they would be forced to reduce spend- That is what Lincoln had to say. I wish to share with my colleagues ing in transportation. I still believe these words are rel- some stories everyday people on Main The reauthorization is a ‘‘three-fer.’’ evant today. I think the government Street have to say. First, it is jobs, jobs, jobs. This bill will

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.045 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5824 CONGRESSIONAL RECORD — SENATE July 14, 2010 give confidence and certainty to an in- billion per year. According to the flation, so its purchasing power has de- dustry that is struggling right now. Re- American Trucking Association, truck- clined by 33 percent since it was last cently a contractor testified before the load miles traveled nationwide were off increased in 1993. EPW Committee on how a long-term 17 percent last year. The average miles I have been meeting with groups bill will provide certainty to the trans- per truck were down 20 percent. In since March of last year. They des- portation industry. Here is what he other words, truck drivers are allowed perately want a reauthorization bill said: to only work so many hours. They have and they are willing to pay an increase Failure to pass a multiyear transportation X number of miles that they can go. in the gas tax. Groups that in the past bill creates significant market uncertainty. Because of the congestion we have have never accepted such an increase— The uncertainty makes it difficult to hold today, they are getting almost 20 per- listen to this—the Chamber of Com- onto valued employees. It makes it hard to cent less mileage covered. That is be- merce, National Association of Manu- convince subcontractors to work for us; it cause of the congestion they encounter facturers, American Trucking Associa- makes it hard to convince lenders to invest in us. When there is an inconsistent flow of all over this country. tion—Bill Graves, the head of the Federal funding, State agencies hold up the This is a great time to invest in in- truckers—the International Union of release of projects that are ready to bid and frastructure. We will get a better bang Operating Engineers, Laborers’ Inter- construct. for our buck. Because of the economy national Union, Association of General Second, a reauthorization bill will be today, the return on infrastructure in- Contractors, National League of Cities, good for our competitive position in vestment is better than it has been in National Association of Counties, and terms of our economy and infrastruc- recent years. Over the years, we saw the American Public Transit Associa- ture. Our Nation’s transportation needs SAFETEA–LU money dwindle because tion, to name a few. There are many exceed current investment at all levels of the high cost of oil. We also saw the more. of government. According to the De- high cost of steel. Because of the econ- I ask unanimous consent to have partment of Transportation, the aver- omy, project bids are coming in ex- printed in the RECORD a list of all the age annual investment level needed to tremely low. In fact, in Ohio, bids have groups that support increasing the gas maintain the current condition and been up to 30 percent lower. So what a tax. It is an unbelievable group, includ- performance of our highway system is time to invest. We are going to get a ing the League of American Bicyclists. $105.6 billion, while the cost necessary return on our investment. People are willing to do this. to improve our highways and bridges The gas tax. I want you to know that There being no objection, the mate- would be another $174.6 billion. The I am not talking about borrowing the rial was ordered to be printed in the bridges are in terrible shape. How money for the reauthorization of the RECORD, as follows: many more Minneapolis I–35 bridges surface transportation bill, as we do for American Association of State Highway are lurking out there? everything else here. That is what the and Transportation Officials (AASHTO), The last reauthorization bill, American people are very upset American Road & Transportation Builders SAFETEA–LU, created the National about—spending and borrowing the Association (ARTBA), American Public Surface Transportation Policy and money. The American people, as I say, Transportation Association (APTA), Amal- gamated Transit Union (ATU), America Revenue Study Commission to study are fed up because they are concerned Bikes, American Concrete Pavement Asso- our infrastructure needs. We called for with the deficit and budgets not being ciation (ACPA), American Council of Engi- the commission to give us the straight balanced as far as the eye can see. We neering Companies (ACEC), American High- facts. The commission called for in- will not have to charge our kids’ and way Users Alliance, American Society of vestments of at least $225 billion annu- grandkids’ credit cards. We can pay for Civil Engineers (ASCE), American Traffic ally over the next 50 years at all levels this by increasing the gas tax, which Safety Services Association (ATSSA), Amer- of government to bring our existing has not been increased since 1993. The ican Trucking Associations (ATA), Associ- transportation infrastructure to a good fact is that Americans are willing to ated Equipment Distributors (AED), Associ- ated General Contractors of America (AGC), state of repair and to support our grow- pay an increase in the gas tax to create Association for Commuter Transportation ing economy. jobs, improve our infrastructure, and (ACT), Association of Equipment Manufac- Third, a reauthorization bill will help better the climate. Many of my con- turers (AEM), Association of Metropolitan our environment. Transportation conservative colleagues do not consider Planning Organizations (AMPO), Inter- tributes almost 30 percent to the green- the gas tax as a tax but a user fee. The national Union of Operating Engineers, La- house gas emissions we have in this SAFETEA–LU-created National Sur- borers’ International Union of North Amer- country. This figure blows my mind. face Transportation Infrastructure Fi- ica (LiUNA!), League of American Bicyclists, The average length of time that urban nancing Commission recommends that National Asphalt Pavement Association areas experience congested conditions (NAPA), National Association of Counties Congress enact a 10-cent increase in (NACo), National Association of Develop- amounts to 6.4 hours each day. Anyone the Federal gasoline tax and a 15-cent ment Organizations (NADO), National Ready who travels in Washington here under- increase in the Federal diesel tax to Mixed Concrete Association (NRMCA), New stands what that is about. The vehicles just maintain our infrastructure. Starts Working Group, Safe Routes to caught in stop-and-go traffic emit far I remember when I was mayor and School National Partnership, Transportation more emissions than they do without President Reagan was faced with a Trades Department, AFL-CIO, United Broth- frequent acceleration and braking. In similar situation with the economy in erhood of Carpenters and Joiners of America. recent years, drivers have experienced 1982. We were facing record unemploy- Mr. VOINOVICH. This is what is ex- over 4.2 billion hours of delay annually. ment—about 10 percent. I remember citing to me. Today, Senators BOXER, Traffic congestion is also responsible that well. As I say, I was mayor of the INHOFE, BAUCUS, and our staffs are for 9 billion gallons of wasted fuel each city of Cleveland. We had 20 percent working full time—and a lot of col- year. Wasted fuel and lost productivity unemployment in Cleveland. During leagues don’t understand what is going due to traffic congestion costs the U.S. the lameduck session, the Reagan ad- on now—to get a bill done this year on economy over $78 billion annually. ministration proposed a gas tax in- a bipartisan basis. Two Democrats and Think about that. A reauthorization crease and, subsequently, Congress two Republicans are working together. bill is needed to reduce congestion and passed the Surface Transportation As- This is real stuff, OK, not something consequently reduce greenhouse gas sistance Act of 1982, which provided a that the leader will have to deal with emissions. 5-cent gas tax increase. in his office in terms of climate change A study recently prepared for the The American people think they are and other things that we have been Federal Highway Administration found already paying increased gas taxes. In talking about. The good news is that that bottlenecks on the Nation’s high- 2009, Building America’s Future con- the House of Representatives has been way system—caused by congested ducted a poll, which found that—that working on reauthorization for 21⁄2 intersections, poor highway operations, is Governor Ed Rendell of Pennsyl- years, and the House bill has been inadequate capacity, and poor align- vania—60 percent of Americans believe voted out of subcommittee. The bill is ments—impose 243 million hours of that the Federal gas tax has been in- ready to be preconferenced as soon as delay on truck shipments with the di- creased every year. But as you know, we get our work done. Unfortunately— rect costs of the delays totaling $7.8 the gas tax has not been indexed to in- and here is the thing I am concerned

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.047 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5825 about—we are still waiting to hear EXHIBIT 1 Most of the business leaders I spoke to had from the White House on their prior- [From Newsweek, July 6, 2010] voted for Barack Obama. They still admired ities. I recently met with Secretary OBAMA’S CEO PROBLEM him. Those who had met him thought he was unusually smart. But they all thought he Ray LaHood, and he indicated that we (By Fareed Zakaria) was, at his core, anti business. When I would will be hearing from the administra- The American economy is sputtering, and ask them for specifics, they pointed to the tion soon. we are running out of options. Interest rates fact that Obama had no businessmen or But the fact is the person we need to can’t go any lower. Another burst of govern- women in his cabinet, that he rarely con- ment spending—whether a good or bad idea— sulted with CEOs (except for photo ops), that hear from is President Barack Obama. looks politically impossible. Is there any- he had almost no private-sector experience, That is who we need to hear from. He thing that could protect us from the dangers that he’d made clear that he thought govern- is out on the stump talking about cre- of stagnation or a double dip? Actually, ment and nonprofit work was superior to ating jobs. Here is an unbelievable op- there is a second stimulus, one that could work in the private sector. It all added up to have a dramatic effect on the economy—even portunity—a way to create real jobs a profound sense of distrust. more so than government spending. And it and not borrow the money from our Some of this is a product of chance. The kids and grandkids to pay for it. On oc- won’t add to the deficit. The Federal Reserve recently reported that economic crisis forced the government into casion, the President has said he is op- America’s 500 largest nonfinancial compa- expansions of its authority in dozens of posed to any tax, including a gas tax, nies have accumulated an astonishing $1.8 areas, from finance to automobiles. But pre- on the ‘‘middle class.’’ I point out that trillion of cash on their balance sheets. By cisely because of these circumstances, the Kerry-Lieberman bill, which he any calculation (for example, as a percent- Obama now needs to outline a growth and supports, includes an increase in the age of assets), this is higher than it has been competitiveness agenda that will seem com- in almost half a century. And yet, most cor- pelling to the American business commu- gas tax of between 20 and 60 cents high- nity. This might sound like psychology more er per gallon. That doesn’t make sense. porations are not spending this money on new plants, equipment, or workers. Were than economics, and the populist left will He supports that but not 10 cents for they to begin loosening their purse strings, surely scream that the last thing we need to highways? It should be noted that all hundreds of billions of dollars would start do is pander to business. But in fact the first the groups who want the reauthoriza- pouring through the economy. And these in- thing we need is for these people to start tion bill and are willing to pay for it vestments would likely have greater effect spending their money—soon. As a leading with a gas tax, by the way, are up in and staying power than a government stim- New York businessman, who had publicly arms about the Kerry-Lieberman bill, ulus. supported Obama during the campaign, said to me, ‘‘Their perception is our reality.’’ because they think it diverts funds Now, let me be clear. I think there is a strong case for a temporary and targeted from the highway trust fund. The PRESIDING OFFICER (Mr. government stimulus. Both people and com- PRYOR). The Senator from Georgia is They sent a letter to the President, panies are being very cautious about spend- recognized. saying this gas tax is to be used for ing. Right now, government spending is transportation and transit in this what’s keeping the economy afloat. Without f country. We don’t warrant its use in a second stimulus, state and local govern- FINANCIAL REGULATORY REFORM the Kerry-Lieberman bill to raise ments will have to slash spending and raise taxes, which will produce a downward spiral Mr. ISAKSON. Mr. President, I will money for things that don’t have any- of higher unemployment, slower growth, be brief. I come to the floor this after- thing to do with the concerns that we lower tax revenue, and a larger deficit. Joel noon in anticipation of the vote tomor- have. Klein, the New York City schools chancellor, row on the financial regulatory bill and Passing a surface transportation bill told me that when the stimulus money runs to express the concerns I expressed be- out at the end of this year, he will be forced would put a large segment of the econ- fore its passage on the floor originally, omy to bed. Think about it. For 5 to lay off 5,000 teachers. Multiply that example a thousand times to get a sense of what and my continuing concern today years, that part of our economy will 2011 could look like. about its final form—and I understand feel good about things. It will help But government spending can only be a it will pass with 60 votes. States meet their infrastructure needs. bridge to private-sector investment. The key Nobody has been more concerned It will reduce greenhouse gases and to a sustainable recovery and robust eco- about the economy and the financial provide certainty and stability to keep nomic growth is to get companies to start markets and financial institutions of it on the road to recovery. investing in America. So why are they reluctant, despite having mounds of cash lying our country than I. In part, because of Show me another bill that has bipar- around? I put this question to a series of my lifetime in the residential real es- tisan support from labor, manufac- business leaders over the past few days. They tate business, I have seen firsthand the turing, business, truckers, and State were all expansive on the topic, and all want- sufferings in our mortgage industry, and local groups. I doubt any other ed to stay off the record, for fear of offending the foreclosures that have taken place, piece of legislation will get this kind of people in Washington. and what the subprime lending indus- support before the election. Do you Economic uncertainty was the primary cause of their caution. ‘‘We’ve just been try did in the U.S. economy. know what we need? We need a sorbet through a tsunami, and that produces cau- Before we rush to a reregulation of fi- to bring people together. Let the Amer- tion,’’ one said to me. But in addition to eco- nancial institutions, I think we have to ican people know that we hear them. nomics, they kept talking about politics, stop and reflect on some of the things And do you know something? We can about the uncertainty surrounding regula- we have already noted as Members of get something done on a bipartisan tions and taxes. Some have even begun to the Senate. basis, believe it or not. This legislation speak out publicly. Jeffrey Immelt, the CEO Senator CONRAD, a Democrat from will create real jobs for Americans. It of General Electric, complained last Friday that government was not in sync with entre- North Dakota, and myself introduced will be paid for and will put a major preneurs. The Business Roundtable, which legislation over a year ago called the part of the economy to rest without had supported the Obama administration, Financial Markets Crisis Commission. adding to an already staggering deficit. has begun to complain about the myriad new We introduced it because we believed It will eliminate the uncertainty about laws and regulations being cooked up in everything that had happened in late the future that is plaguing our country Washington. 2008 through March of 2009 that col- so we can move forward to provide One CEO said to me, ‘‘Almost every agency lapsed our markets on Wall Street, col- brighter prospects for our children and we deal with has announced some expansion of its authority, which naturally makes me lapsed our securities, collapsed our grandchildren. concerned about what’s in store for us for mortgage-backed securities lending, I guess the most important guar- the future.’’ Another pointed out that be- and hurt our banks both community antee is that the bill will give peace of tween the new health-care bill, financial re- and national need to be investigated. mind to millions of workers in transform, and possibly cap-and-trade, his com- We need to get to the root problem. We portation and allied industries. They pany had lawyers working day and night try- need to try to correct it. no longer will have to worry about un- ing to figure out the implications of all these This Senate passed the Conrad- employment compensation. They will new regulations. Lobbyists in Washington Isakson amendment unanimously. The have been delighted by all this new activity. have a job. They can pay their mort- ‘‘[Obama] exaggerates our power, but he in- House passed it virtually unanimously. gage, buy a car, pay for their kids’ edu- creases demand for our services,’’ the super- The Senate and the House funded it to cation; and they can have the peace of lobbyist Tony Podesta told The New York the tune of $8 million. That commis- mind that comes from having a job. Times. sion is appointed and working today. It

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.048 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5826 CONGRESSIONAL RECORD — SENATE July 14, 2010 has subpoena powers that it can issue, We went to the Embassy and went to come back to us with a forensic audit and it is issuing subpoenas. It is di- a briefing. When it was over, we were and tell us what we should have done rected by statute to report back to us asked if there were any questions. I rather than take a rush to judgment in by December 31 of this year. said: I have one. Is today a holiday? a precarious and difficult time in the Here we find ourselves in the position The Ambassador’s officer said: No, it current recession in the United States. of getting ready to pass a financial re- is not a holiday. Why do you ask? I am grateful for the time given to regulation bill on the floor of the Sen- I said: We passed 15, 20 buildings half me. My vote tomorrow on the financial ate tomorrow, in the middle of the year finished, cranes up, 20 to 30 stories, reregulation bill will be no. It is my in July, knowing that we are not going padlocks on the gates, razor wire on hope that when the Financial Markets to have until December of this year the the fences, nobody working. What hap- Crisis Commission comes back in De- forensic audit of our financial system pened? cember, we will find the right answers done by the Financial Markets Crisis He said: U.S. mortgage-backed from that forensic audit to then make Commission which we unanimously subprime securities. the right decisions for the financial funded and demanded. It is like a doc- I said: I beg your pardon. markets of the United States of Amer- tor doing surgery before he does a diag- He said: U.S. mortgage-backed ica. nosis. It does not make a lot of sense. subprime securities. He said: Just 3 I yield the floor. In particular, there is one part of the weeks ago, Merrill Lynch in America The PRESIDING OFFICER. The Sen- bill I want to focus on for a second that wrote down their portfolio by 78 cents ator from Rhode Island. I think is rife for continuing problems on the dollar. Therefore, the Bank of f without any regulatory oversight, and Kazakhstan, which had bought a num- TRIBUTE TO LIEUTENANT GEN- that is Freddie Mac and Fannie Mae. ber of these securities, wrote down ERAL FRANKLIN L. HAGENBECK I think everyone realizes that the their portfolio as well. They stopped purchase of mortgage-backed subprime funding construction loans. They Mr. REED. Mr. President, next Mon- securities by Freddie and Fannie cre- stopped making mortgages. day, LTG Franklin Hagenbeck will retire from the U.S. Army after 39 years ated the depository whereby Wall Kazakhstan is 111⁄2 time zones away Street went to raise the money to from Washington, DC. The reverbera- of service. He is a friend and a class- make subprime loans, knowing they tions of the subprime security collapse mate from West Point, the class of could sell them to Freddie and Fannie. affected not just the United States but 1971. Buster Hagenbeck has distinguished Once you create liquidity for those se- the world. Today what is happening in himself as a soldier, as a scholar, as an curities, you create a market, and Europe and other areas is, in part in those securities are going to be created individual of peerless leadership abil- our recession, was a consequence of ity. He entered West Point with the to be funded or purchased by those en- what began by a mandate by Congress tities. class of 1971. He graduated and was for Freddie Mac and Fannie Mae to commissioned an infantry officer. He That is exactly what happened over purchase affordable mortgage-backed the 5 or 6 years preceding the begin- served in a succession of assignments, securities which became the subprime ning of the collapse in late 2007. culminating as the commander of the securities that collapsed the market- Freddie and Fannie went from zero 10th Mountain Division in Afghanistan. place. There he fought the fight in Operation holdings in subprime loans to as much I tell that story and I make that as 13 percent of their portfolio. This Enduring Freedom. He served with statement to make my single impor- was not just because they decided to great distinction, great judgment, and tant point on why this rush to judg- buy them, but it was in part because of great discernment of the situation. He ment on the financial regulatory bill is a congressional directive for Freddie certainly not only exemplified the wrong. It is wrong because it excludes and Fannie to have a portion of their courage and character of our troops, Freddie Mac and Fannie Mae from any portfolio in what is known as afford- but he felt very deeply for their con- scrutiny or increased regulation. Let able loans. cern and welfare. That is the type of These affordable loans became me repeat that. The two entities that individual, that is the type of soldier subprime loans. They were securitized created the market that bought the se- he is. on Wall Street. The securities sold curities that fueled the funds for Wall After serving as the G–1 of the U.S. around the world, with the legitimacy Street to put them together and sell Army, he was designated the 57th Su- of those securities based in part on the them—the two entities, Freddie Mac perintendent of the United States Mili- fact that U.S. Government-sponsored and Fannie Mae—are exempt from this tary Academy. In the last several entities, Freddie Mac and Fannie Mae, financial reregulation bill in terms of years, he has distinguished himself as a were buying them, but also because scrutiny. leader on not only issues of academic Moody’s and Standard & Poor’s rated That just, to me, does not make any excellence but also, much more impor- them AAA. Then all of a sudden we had sense. I think when the Financial Mar- tant, fulfilling the fundamental mis- a tremendous collapse of subprime se- kets Crisis Commission reports back to sion of the Military Academy to curities that had devastating con- us at the end of this year, it will make produce men and women committed to sequences not just for the United it clear that it is a mistake to rush to the motto of the academy: ‘‘Duty, States but for the world. judgment. honor, country.’’ Selfless service to the Briefly, I want to tell a story to It is critical that we have all the Nation. Buster Hagenbeck personifies make that point. In August of 2008, I players under scrutiny and all the that spirit. was in Kazakhstan with Leader REID players under regulation, not just try- Under his leadership, West Point has and other Members of the Senate on a ing to create a feel-good system where been recognized by Forbes magazine as trip that later took us to Afghanistan we reregulate those who are already the best liberal arts college in the and finally to Germany. When we ar- regulated, saying we are doing some- country. Every year it has successful rived in Kazakhstan and landed at the thing about the conditions in the mar- candidates for Rhodes Scholarships and airport, we went into the city in an ket when, in fact, we are raising the Marshall Scholarships. It is ranked at ambassador’s vehicle. As we went by, I cost of doing business, lowering the the very top in terms of engineering saw this beautiful city in Asia, beau- ability for banks and lending institu- schools in the United States. But the tiful countryside, large buildings being tions to extend capital and, in fact, in real hallmark of West Point, as it al- built, beautiful flowers, obviously a some ways contributing to a contrac- ways has been and always must be, is country of great wealth. They do have tion of the recession we experience the men and women they produce, the most of the oil in the old Soviet Union, today in America. young lieutenants who are today serv- now the Russian Federation. When I cast my ‘‘no’’ vote tomorrow ing in Iraq and serving in Afghanistan, As we came into town, I kept notic- on financial reregulation, it will not be serving with courage and distinction. ing vacant, half-finished 20- and 30- because I don’t think we need to do I think it is not only comforting for story buildings with a chain-link some things in the marketplace, but it them to know but inspiring that their fences around them and razor wire on will be because I think it is time we lis- Superintendent led forces in Afghani- the fences and a padlock on the doors. ten to the people we have charged to stan before them, that he knows what

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.050 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5827 lies ahead of them, and that he has learning and great character, and they Fourth, we need to reform the agen- done everything in his capacity and have inspired all of us with their dedi- cies that were supposed to be the power to ensure that they are ready to cation to the Army, to the country, watchdogs but turned out to be the serve the Nation and lead the Army. and a dedication to each other and to lapdogs and redouble our efforts to di- I have been privileged to be his their children. versify the energy supply. friend, to know both him and his wife It is with a great deal of pride that I I have focused on addressing this dis- Judy, to be a beneficiary of their warm salute BG Patrick Finnegan on his re- aster because I believe we owe it to the friendship and their kindness. tirement from the U.S. Army and sa- taxpayers and because this disaster has As he retires from the U.S. Army, lute him also upon his appointment as devastated the resources that belong to ending the last class of 1971 graduates president of Longwood University. all Americans. Now, as we face the in active service to the Army and the Longwood will never regret their worst environmental disaster in our Nation, I congratulate him and thank choice of a distinguished soldier and a Nation’s history, we cannot lose sight him. great gentleman as their new presi- of a piece of it that I don’t think has f dent. gotten enough attention. Why? Be- Mr. President, I yield the floor. I sug- cause we have not even seen it play out TRIBUTE TO BRIGADIER GENERAL gest the absence of a quorum. yet. We have seen that wildlife down PATRICK FINNEGAN The PRESIDING OFFICER. The there right now. We have seen the peli- Mr. REED. Mr. President, I rise to clerk will call the roll. cans drenched with oil hobbling on the pay tribute to an extraordinary officer The assistant legislative clerk pro- beaches. We have seen all that. But and gentleman—my dear friend BG ceeded to call the roll. what we have not seen yet—and we Patrick Finnegan. Ms. KLOBUCHAR. Mr. President, I have no idea of the extent of the prob- Pat Finnegan and I go back a long ask unanimous consent that the order lem yet—is what is going to happen to way. We were classmates from the for the quorum call be rescinded. the 13 million migratory birds, water- class of 1971 at West Point. We went to The PRESIDING OFFICER (Mr. fowl coming from Minnesota, coming the Kennedy School of Government at FRANKEN). Without objection, it is so from Wisconsin, that winter in the gulf Harvard University together. We went ordered. coast in those marshes. to the infantry officer basic course to- f At first, no one, understandably, fo- gether, the airborne school. In fact, I cused on the unsettling proposition PROTECTING GULF BIRD HABITAT was Lieutenant Finnegan’s platoon that millions of birds that winter in leader. Ms. KLOBUCHAR. Mr. President, as the gulf every fall and winter will be Pat went on to serve first as an in- you well know, it has been 3 months faced with toxic shorelines and toxic fantry officer and then as a military since the Deepwater Horizon oil rig ex- marshes, but as the oil laps up on the intelligence officer. He was so talented ploded in a massive fireball, killing 11 shore, we have to face this unaccept- and so obviously marked for big things workers and injuring 17 others. But the able but real problem right now. that he was selected by the Army to extent of this tragedy is still beyond As you know, in our State we know attend the University of Virginia Law comprehension for everyone in this summer has arrived when we hear the School. There he demonstrated his country. Since then, as we all know, as loon calls from our 10,000 lakes. Min- great legal mind and talent by his re- much as 50,000 barrels of oil per day has nesota is home to half a million ducks markable success in the classroom. He flowed into the Gulf of Mexico. At that and the largest population of loons in was a member of the Law Review, and rate, the Exxon Valdez disaster in the continental United States. Hunting then went into the Judge Advocate Alaska has been duplicated every 4 and wildlife watching is part of our General Corps. He served with distinc- days. I don’t think that when this heritage, but it is also an important tion, never serving a Washington billet, started, anyone thought that was pos- part of our economy. Waterfowl hunt- but always with the troops in the field, sible. ing contributes almost $50 million in overseas in Germany, but particularly There are many resources down economic activity in Minnesota every with the Special Operations Command, there, as we know. It was slow going at year, and Minnesota has the third those warriors who are the tip of the first, but now we see more than 6,800 highest birding participation rate of all spear for our military forces. vessels, 117 aircraft, 3 million feet of States, at 33 percent or 1.5 million peo- Pat returned to West Point as a full boom, and more than 45,000 personnel. ple. colonel to become the head of the De- In May, I went on an aerial tour of The U.S. Fish and Wildlife Service is partment of Law. There he nurtured a the spill while I was in New Orleans. I heading up the Natural Resource Dam- generation of cadets. His success was saw firsthand the miles and miles of oil age Assessment and Restoration Pro- such that he was the most obvious and slick covering the gulf, threatening the gram, which will come up with an esti- the best choice to become the dean of livelihoods of millions of people in the mate of restoration costs that will be the Military Academy, and he assumed gulf coast as well as some of our Na- sent to BP for them to pay to help those duties. For the last several years tion’s most precious wildlife. clean up the shorelines, the estuaries, he has led the academic department at Our priorities are clear. First, we and the marshes. Additionally, the new West Point with distinction. have to plug this well. We know there escrow account that has been created West Point has been selected by are some efforts underway as we speak, will help ensure that the claims proc- Forbes magazine as the best under- as well as a long-term plan of pushing ess for individuals and businesses runs graduate institution in the country. It some cement in there, that we know smoothly and efficiently, and it will has been recognized in terms of the may not be completed until mid-Au- also help ensure that claims by govern- scholarships awarded to its students gust. ment—State, local, and tribal—that and in terms of the excellence of its The second is that BP and others re- are submitted to BP will not be de- academic programs. sponsible must pay so that the tax- layed by a slow claims process. Pat contributed a lot more than just payers of our State of Minnesota as But, while the Unified National Inci- academic expertise. He and his wife well as States across the country are dent Command is doing all it can to Joan and their children and their not on the hook. The $20 billion the stop the leak, it is important that we grandchildren were a large part of the President and others negotiated with simultaneously do all we can to protect fabric of the West Point experience. BP was a very strong start because, as the habitat of the birds and the ducks They were there cheering on the cadets we know, what happened with the in the gulf that support our hunting at their athletic events. They were Exxon Valdez—20 years later, a lot of and birding economy in this country. there in the good times and the bad those families still had not gotten In just a few weeks, millions of birds times of cadets. They were a source of their money. Mr. President, 8,000 of the will begin to migrate south from Can- inspiration and encouragement for plaintiffs and fishermen died before ada, from the Great Plains and parts of class after class at West Point. Pat and they got their money in that case. the Midwest. They will fly hundreds or Joan have left an indelible mark on the Third, we need to figure out what even thousands of miles to the gulf academy. They have done it with great happened so this never happens again. coast, where they spend their winters.

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.054 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5828 CONGRESSIONAL RECORD — SENATE July 14, 2010 Remember, all we have seen so far is nancial reform bill. I want to begin by CHAMBLISS, my colleague from Georgia, just the birds that live down there in thanking the Presiding Officer who, along with their colleagues on the com- the heat. Think of when all the birds while not a member of the committee, mittee, worked very hard and I thank go down there. This is what they are played a very active role during the them and their staffs for the work they going to find. They are going to find consideration of the legislation on the have produced in order to make this a that beaches that used to have beach floor of this body a number of weeks stronger and a better bill. balls are now filled with tar balls. So ago. I want to thank my House counter- many of them go to the marshes and There will be a debate again, I know, part, BARNEY FRANK of Massachusetts, the wetlands, and the oil is starting to tomorrow before we actually vote on who chairs the Financial Services creep into those marshes. We cannot final passage of the bill. A lot of this I Committee of the other body. He, along really put up a sign for those birds that will talk about this evening I have dis- with Chairman PETERSON of the Agri- says: Hey, go to Mexico instead. There cussed in the past over many weeks culture Committee, did a very good job are naturally other places they could and months that have brought us to in pulling together the House version go, but, guess what. They can’t read. this particular moment, where within of this bill. They actually completed Nor are we going to be able to put some the next 24 hours we will make a final their work back in December of last big net up to stop them from flying to decision as to whether this body is pre- year. The House moved more quickly those places. I talked to people, experts pared to endorse the efforts to reform for all of the reasons that Members are on this, from Ducks Unlimited and our financial system in this country so aware of, the rules of the institution other places. These birds do not have that we never ever again subject the and others that facilitate the rights of the instinct to avoid those oily areas. American people to what they were the majority to basically move along They are going to just plow back in subjected to in the fall of 2008 where through the underbrush without the where they went last winter. That is the Congress of the United States, nuances that the Senate provides for in why a bipartisan group of Senators along with President Bush, asked the terms of the consideration of legisla- joined me in sending a letter to Sec- American taxpayer to write a check for tion. $700 billion to bail out financial insti- retary Salazar to ensure that proper I sat, along with my Senate col- tutions which, through their own mis- attention and coordination is also leagues from the Banking Committee feasance and malfeasance, as well as made with U.S. Fish and Wildlife and and the Ag Committee, for 2 long those of regulators who failed to act, conservation organizations that are weeks, almost 70 hours in a conference put this country and in fact the globe working to protect the habitat of mi- committee. For those who wonder what at financial risk. gratory birds. a conference committee is, very simply I am pleased that just this week, the I shall never forget as long as I live the meeting in mid-September in the it is when the Senate acts on a bill and National Incident Command announced the House acts on a bill, and you need offices of Speaker NANCY PELOSI, along the launch of a new Web site, to resolve the differences between the restorethegulf.gov, dedicated to pro- with Democrats and Republicans, and their respective committees in Con- two, we meet in what is called a con- viding the American people with clear ference committee. and accessible information and re- gress, where the Chairman of the Fed- The leadership of both Chambers ap- sources related to the BP oilspill re- eral Reserve Board and the Secretary points conferees to represent the inter- sponse and recovery. of the Treasury under President Bush ests of the respective Chambers, as you It is also important that as we focus announced to all of us that if we did then sit down and try and iron out on stopping this terrible leak, we also not act within a matter of days, and I those differences. Chairman BARNEY prepare for the serious and imminent am literally quoting the Federal Re- FRANK chaired that conference com- threats to the birds and wildlife that serve Chairman and the Secretary of mittee. There were 42 of us, Members of play a critical role in the regional gulf the Treasury, that if we did not act the House and the Senate, who got to- economies and to the more distant re- within several days, the entire finan- gether for that lengthy period of time, gional economies in places such as cial system of this country and maybe including one all-night session, to Minnesota and Wisconsin. a good part of the world would melt produce what is in front of us today, In just a few weeks, we must be ready down, were their words. and that is this. This is the conference for the mass influx of ducks and birds So we acted over the next several report that reflects the work of both in the gulf region. If we fail to prepare, weeks. There are a number of Members bodies over many months in trying to countless unsuspecting birds, wildlife, here who were deeply involved in that craft a series of ideas and proposals will not return to Minnesota and our effort. The country reacted with great that would minimize, if not all to- ecosystems and economies will feel the outrage over how we had ever gotten to gether prohibit, the tragedy we have impact, not just in Minnesota but that position and what steps we were been through over these last several throughout the country; not just in going to take to see to it that we would years. Louisiana, not just in Florida. It will never ever again subject our Nation spread. We will continue to push, with not only to the cost of bailing out I would also be remiss at this junc- the recovery efforts, to make sure these firms but also the cost that has ture if I did not thank the members of there is adequate focus on this impor- ensued as a result of the financial col- the Senate Banking Committee who tant issue. lapse to jobs and homes, retirement ac- spent a lot of time together over the I yield the floor. I suggest the ab- counts, ability of families to educate last number of years. I became chair- sence of a quorum. their children, all of the effects that man of this committee about 30 The PRESIDING OFFICER. The have been visited upon the American months ago, in January of 2007. My clerk will call the roll. people and many others as a result of great friend and colleague with whom I The assistant legislative clerk pro- events that began to transpire years served for so many years from Mary- ceeded to call the roll. ago, culminating in the difficulties we land, Paul Sarbanes, retired from the Mr. DODD. Mr. President, I ask unan- saw in the fall of 2008. Senate. The ranking member, Senator imous consent that the order for the Before I begin any remarks about the SHELBY, was chairman of the Banking quorum call be rescinded. bill itself and what we have tried to Committee for about 4 years prior to The PRESIDING OFFICER (Mr. achieve, I want to begin by thanking January of 2007. So on the seniority BEGICH.) Without objection, it is so or- my colleague from Arkansas, Senator system, I reached the elevated status dered. BLANCHE LINCOLN, who chairs the Agri- to become chairman of this committee f culture Committee. She shared a re- at a critical moment when obviously sponsibility with me in this bill, and the bottom began to fall out of our FINANCIAL REGULATORY REFORM while the bulk of the titles came out of economy. Since January of 2007, our Mr. DODD. Mr. President, I want to the Banking Committee bill, a very committee has had around 80 hearings spend a couple of minutes, a few min- critical piece of this legislation in- on this subject matter alone that has utes this evening, if I can, talking volved the participation of the Agri- produced the ultimate product before about the Wall Street reform, the fi- culture Committee. She and SAXBY us here this evening and tomorrow.

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.055 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5829 I want to begin by thanking my Then, of course, MICHAEL BENNET of Committee, and my colleagues on the Democratic colleagues on the com- Colorado, as well who comes from a Banking Committee, as well as, of mittee and the members of their staffs. varied background, including financial course, BLANCHE LINCOLN of the Agri- TIM JOHNSON of South Dakota, who has services, understands it well. culture Committee for their work. done a wonderful job, has been deeply So I thank my Democratic colleagues At a later point in these remarks, I involved in a number of critical issues on the committee for their work. will go through and mention staff, peo- before the committee. Senator SHELBY, the Republican ple who played such a critical role as JACK REED of Rhode Island is a very ranking member, and I have been great well. But I thought at the outset we valued member of the committee, friends for many years, served in the need a recognition of these Members. spent a lot of time working with Sen- other body and this body together for a Yesterday I spoke briefly about the ator GREGG on the derivative section in number of years. And while we have role of the majority leader, HARRY this bill. differing points of view on this bill, and REID. And again, while not involved on Senator CHUCK SCHUMER of New he is not a supporter of it, the Shelby- a daily basis in the production of this York, extremely knowledgeable about Dodd amendment, which was offered at legislation, the majority leader played financial matters, has been invaluable the outset of the debate on the floor of such an important role in making sure in understanding the nuances and the this Chamber, put aside I think for the institution provided the time and difficulties, as well as understanding most Members once and for all the the space and the procedures for the this institution very well, and I want issue of a bailout, too big to fail. I consideration of a matter such as this. to thank him for his service. thank him for that and his involve- As I mentioned earlier, he could have Senator BAYH of Indiana, who, along ment in the process as we moved for- very easily decided to truncate the de- with myself, will be retiring at the end ward. bate. We ended up taking 4 weeks of of the year, has been a strong member BOB BENNETT of Utah, tremendously the time of this body, considering, as I of the committee, brought a good per- knowledgeable, played a very impor- mentioned earlier, some 60 amend- spective on the needs of American busi- tant role on the Banking Committee ments on the floor, open-ended debate. ness and industry as we worked our over many years. There were only one or two examples way through the legislation; BOB JIM BUNNING, the nemesis of the Fed- where a supermajority was required. MENENDEZ of New Jersey, tremen- eral Reserve, was never shy at express- There was only one tabling motion, I dously helpful as well. ing his concerns about the conduct of believe, of any of those amendments. HERB KOHL of Wisconsin, again a the Federal Reserve Board. I thank A significant number of amendments knowledgable businessman in his pre- him for that. were adopted that were offered by the vious life, comes to the Senate with a MIKE CRAPO of Idaho is very knowl- minority to this bill, as well as amend- lot of strong ideas and contributed to edgeable, worked with CHUCK SCHUMER ments that were offered on a bipartisan this bill. on corporate governance issues. He basis. In fact, of the 60 amendments DAN AKAKA of Hawaii also added con- contributed to this bill. A number of that were adopted in the consideration siderable financial literacy. This has amendments we adopted were Crapo of this bill, 30 of them, one-half, came been a subject matter he has long been amendments that strengthened the leg- interested in, and seeing to it to how from the minority as well as a bipar- islation. we might elevate the knowledge and tisan combination of amendments that BOB CORKER, worked with MARK WAR- understanding of consumer responsi- were offered by both a Democrat and NER. I thank BOB CORKER. I listened to bility when it comes to financial mat- Republican together. his remarks earlier today. We have a So one-half of the product that was ters. different point of view on the evolution adopted on the floor of this Chamber is SHERROD BROWN of Ohio. We serve together on two committees involved in of this bill, but, nonetheless, I thank a reflection of the work of Members both the Health, Education and Labor him for his work on titles I and II of from both sides of that political spec- Committee, which the Presiding Offi- the legislation. Along with Senator trum. And while Members may not cer also serves on. He is a member of WARNER, I think they made a signifi- want to crow about that, I do, because the Banking Committee, and again was cant contribution—and his staff as I think it is a reflection of the deter- tremendously helpful and interested in well. mination to make sure that this bill the subject matter. MIKE JOHANNS of Nebraska again has would be available for amendment and JON TESTER of Montana did a very strong interest in the legislation; Sen- consideration. good job as well and was invaluable on ator VITTER of Louisiana; Senator No one is guaranteed success with rural America, the interests of small DEMINT of South Carolina; also Sen- their ideas, but you ought to be guar- banks, the financial needs of more ator HUTCHISON. A number of amend- anteed an opportunity to be heard, and rural aspects, more rural areas of our ments were adopted. KAY BAILEY what we did in the consideration of Nation. HUTCHISON of Texas was deeply inter- this bill is provide that guarantee, and JEFF MERKLEY who played a critical ested in regional banks, the Reserve far beyond the guarantee. As I said, role, along with CARL LEVIN, on a banks, and played an important role. one-half of all the amendments adopted major part of this bill dealing with pro- JUDD GREGG of New Hampshire, again over 4 weeks were successfully offered prietary trading, the so-called a retiring Member at the end of this by the minority or on a bipartisan Merkley-Levin rule, which was debated Congress, while we have had some dif- basis, Democrats and Republicans. So at length over many weeks and is part ferences on this bill, which you will no the process has been an open one, one of this bill. doubt hear more of over the next 2 in which regardless of whether you like MARK WARNER of Virginia is a new days, JUDD GREGG played such a piv- or support the bill, I would hope it member of this body, a former Gov- otal role in the fall of 2008 in trying to would become an example of how the ernor of Virginia, and a person who has put together a proposal that would re- Senate can conduct its business on a spent a good part of his life working in store some stability to the financial in- major legislative proposal. the area of financial services. I cannot stitutions in our country. While we Today and tomorrow, the Senate of begin to say enough about MARK WAR- have our disagreements, I have great the United States will have the oppor- NER’s involvement with this bill. He respect for him. He is a knowledgeable tunity to bring some closure to one of was invaluable in terms of helping to Member, one who brings a great deal of the most challenging times in our re- understand and bring together various passion to his beliefs and views. There cent history with the passage of com- people from disparate points of view on are a lot of matters in which I could prehensive financial reform. This bill resolution mechanisms, as well as point to JUDD GREGG’s involvement. I was not written to reshape our econ- winding down of financial institutions thank him as well. omy, the most powerful economy the and how they ought to work. And while Those are the members of the Bank- world has ever known. Nor was it writ- a junior member of the committee, his ing Committee. So before beginning ten to hinder innovation in our finan- involvement, his participation, was any substantive discussion of the bill cial sector, the spirit of creativity and that of any senior member—in fact, itself, I wanted to thank the leadership entrepreneurship that has made our more so. So I thank him. of the House, the Financial Services economy the envy of the developed

VerDate Mar 15 2010 02:11 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.056 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5830 CONGRESSIONAL RECORD — SENATE July 14, 2010 world, still is strong and vibrant, and I will be other economic crises. The Sometimes, just by saying the numbers think enhanced by what we have done question we ought to be asking our- we dilute the influence or importance with this legislation. selves is, If there is one, can we mini- of it. As tempting as it would be to let the mize the effect of it or do we have a sit- Mr. President, 8.5 million of our fel- cries of protest from the worst offend- uation where a relatively small crisis low citizens have lost their jobs in this ers of the large financial institutions can metastasize, much as a cancer economic crisis. Our unemployment serve as an argument for passage, this might, across the economic spectrum rate is dangerously close to double dig- bill was not written to punish Wall in such a way that we find ourselves its. The fact is, it hovers near 20 and 30 Street, despite the desires of many. with job losses, foreclosures, and the percent with lower income people. If Our reform legislation does not have like, that we have gone through? you are making $30,000 to $40,000 a an agenda of its own. I would like to We provided in the bill the tools to year, the unemployment rate is triple point out what we are trying to see to it that our regulatory agencies that number of 9.5 percent or 10 per- achieve with this legislation. Here you and others will have the capacity and cent. If you are making more than can see on the graph behind me—I will the ability to identify, to spot early on $75,000 or $80,000 a year—and many do— have several graphs to point to peo- problems that emerge both here at the unemployment rate is about 4.5 ple—our job was—and you can look at home and around the world. And I em- percent or 5 percent. So when you talk various orders of matters on the phasize ‘‘around the world’’ because we about a 9.5 percent or 10 percent num- graph—to end bailouts and too big to have all painfully learned in the last ber, that is overall, but within income fail. Maybe more so than any other number of weeks and months that a fi- groups, the number is much higher issue, this one is an issue which Mem- nancial problem in a relatively small among lower income workers and bers of the body were joined together country some 10,000 or 12,000 miles working families than it is for the na- in a common cause that never again from here can pose problems right in tional average. So the job loss has been did we want to see a bailout of a finan- our own backyard. I speak, obviously, significant. cial institution at the expense of the of the difficulties occurring in Greece I wish there were some way to con- American taxpayer. So our first goal, and Europe as well. So it is very impor- vey the sense of loss this is for all of in my view, was to end too big to fail tant that we have the capacity and the us, not just for those who lose their and to end these bailouts. tools to address financial crises when jobs, but what it means to our con- Another is to grow jobs and create they happen, as certainly they will. fidence and our trust and our optimism wealth. Obviously, you cannot without Then lastly, of course, in this bill we as a people is far beyond the cost of a vibrant financial services sector rein in what we call the Wall Street en- some financial impact. Again, these where credit becomes available, wheth- larged bonuses that have so angered numbers hardly reflect the damage er it is a small bank in Alaska or Con- the American public, where people, done to our country. necticut, where credit can flow, capital even last year, in the midst of all this Mr. President, 7 million people in our can move, so businesses can grow and crisis and hardship—$20 billion was country have lost their homes or en- jobs can be created. And while this is handed out in bonuses in the major fi- tered foreclosure, and millions more not a jobs bill per se, in the absence of nancial institutions in our country. are teetering on the brink of fore- doing what we are doing, the idea of Again, I believe people who do good closure. Again, I say in this area, for talking about long-term growth in our work and work hard ought to be re- those of us who serve here, obviously, country without reforming the finan- warded. But how do you explain to the the idea of foreclosure is about as re- cial institutions would be a pipedream, person who lost their job, their home, mote as anything we could think of. in my view. So this legislation has as their retirement, their ability to edu- We are well compensated as Members its goal to help create job growth in cate their children, that an institution of the Senate to be in this Chamber. our Nation. that brought this country to near col- But that notion of having to go home We want to empower consumers and lapse is rewarding its members with to your family because of a job loss, be- investors. I will get into this in more bonuses of $20 billion? So our legisla- cause of a bad mortgage—one you got detail, but the idea that there is some- tion gives shareholders and others the into that you could not afford—all of a place in our Nation where a group of opportunity in corporations to decide sudden having to let your family know people get up in the morning, not as a what those remunerations ought to be, that the home we live in, we dreamed second or third afterthought, worrying as they should as the owners of these about, that we got so excited about ac- about what happens to the consumer of businesses. It is not a radical idea. In quiring, no longer is ours; we have to financial institutions, whether it be a fact, it is radical not to allow people move; we have to leave—again, I do not credit card, a student loan, a home who ultimately are the owners of these know if you could begin to explain or mortgage, a car loan, whatever, an in- businesses, as well as those whose describe what that means to an indi- surance policy—when you get up that hard-earned money gets invested, to vidual, to a family, to be through that. morning, your primary obligation is to have some say in all of this. So the 8.5 million jobs, the 14.5 mil- make sure that average consumer in So our proposal before you is a com- lion unemployed citizens in our Na- this country who needs and depends prehensive solution. It is not encom- tion—a 55-percent increase, by the way, every day on financial services will passing. There are obviously areas we since the crisis began—again, the num- have someone watching out for them, did not deal with for reasons I will ad- ber I have mentioned to you of 9.5 per- to see to it that they are not going to dress momentarily. But it is a com- cent of unemployment—I mentioned be abused, defrauded, and taken advan- prehensive solution to a very com- the 7 million homes that have been in tage of. For the very first time in our plicated set of problems. foreclosure since the housing crisis Nation’s history, we will have such a This bill is a response to the failure began. In the first quarter of 2010, half place because of this legislation. It is of our financial regulatory system to of the States saw an increase in the not perfect. It is not exactly what ev- protect ordinary families from the con- rate of homes entering foreclosure as eryone was looking for. But I think al- sequences of others’ bad decisions. This opposed to a year ago. lowing an agency like this, a bureau, to legislation is the change I think the So while we are on the brink, I hope, exist that will be able to focus its at- American people deserve after all they of passing this bill, let there be no tention on that concern is a major con- have lost and been through. doubt or illusions—that problems per- tribution to this legislation. The effects of the crisis on our finan- sist and this bill does not bring your Fourth, we have here the issue of cial system are being felt all around us, home back. It does not bring a job back putting tools in place to avoid these and they will continue to be felt for for you in the morning. It does not re- problems from growing as large as they some time, even with the adoption of store your retirement account. But did. One thing I think is very impor- this legislation. I have repeated these hopefully it will see to it that we never tant to say about this bill. There is statistics, I know, over and over, and I have to see our country go through nothing in this legislation that will will try to do this briefly, but it is im- these kinds of difficulties again. stop another economic crisis. It would portant once again that we understand We have lost dozens of community be ludicrous to suggest we have. There the impact of what has occurred. banks over the last several years.

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.057 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5831 Thousands of small businesses have ditional 14 amendments by my Repub- bill, why would you bother going had to close their doors. Trillions of lican colleagues during the conference. through all of this? It seems to me dollars in retirement savings and We worked out our differences with there ought to be a reward for a proc- household wealth have evaporated as colleagues in the House and produced a ess that is as involved and as inclusive well. finished conference report that we have as this one has been. Let me again just go through some of before us today. So throughout this debate we have those numbers for you. The impact of So, again, this chart behind me re- heard the same arguments, of course, the crisis on community banks: 90 flects those efforts. coming from the opposers of this legis- banks in 2010 with assets totalling $75 As I mentioned, in the conference lation: Slow down. Don’t overreach. billion through July 9 of this year have committee we held eight public meet- Let’s let the market work things out. closed their doors, and 89 of the 90, by ings over 2 weeks, for almost 70 hours, Let’s wait for another day and start the way, held assets of less than $10 bil- where the 42 of us gathered to resolve over. I keep hearing that argument lion. These are small community banks the differences between these two bills. over and over, and as infuriating as that have had to close their doors as a We approved some 32 amendments in that can be to hear from some of the result of the crisis. In 2009, there were the conference committee. There were very same people who caused this mess 140 banks in our country with assets of 79 votes held. Of the 32 amendments to begin with, we have taken great $170 billion that also closed their doors, that were approved by the conference pains to listen to all sides and included and 135 of the 140 that closed their committee, 14 came from our Repub- their ideas and proposals in this con- doors had assets of less than $10 billion. lican colleagues and 18 came from our ference report that is before us. What So again, we have seen over the last 2 Democratic colleagues. Almost an we haven’t heard is an alternative plan years the number here approaching 250 equal number were adopted offered by to fix the gaping loopholes in our system. Indeed, the alternative is to main- banks, the overwhelming majority both the minority and majority in contain the status quo. That is all I can being small banks. ference. The FDIC, the Federal Deposit Insur- Again, almost an equal number were conclude because there is no other op- ance Corporation, has on its watch list adopted here on the floor of the Senate. tion, nor has there been placed on the table, that which allowed this process of institutions 700 banks that are Of the 60 amendments we debated here, to happen. A status quo that was dan- shaky. Again, saying they are shaky 32 were, again, either minority amend- gerous 2 years ago, it is even more so does not mean they are about to close ments or done in conjunction with a Democratic colleague. We held some 39 tonight. their doors. But there is a watch list If we let this opportunity to reform rollcall votes on the floor of this body that the FDIC pursues. Again, I would our financial system go by, we will find to consider the bill over the 4 weeks we love to tell you that the passage of this ourselves, tragically, someday far too debated the legislation. bill is going to stop all of that from soon, in an even deeper hole finan- I do not want to dwell on all of that, happening immediately. It does not. cially, facing even more of a mess, and but I think it is important because, as But it certainly minimizes the possi- needing to write an even bigger bill to I pointed out earlier, we went through bility of ever watching that happen clean it up. I would predict that an- a health care debate. I was very in- again as a result of the circumstances other generation or two would pass be- volved in that because of the tragedy, we have been through. fore such another historic effort as we the loss of my great pal and friend Our work continued as Democrats have crafted here would come before from Massachusetts, Senator Kennedy, and Republicans in the committee this body if we fail to accomplish what worked to put together a framework as who chaired the HELP Committee. is before us tomorrow. We cannot af- far back as November. In fact, it goes With his illness, I was asked to take ford to let that happen. We must not back and predates earlier. But last No- over the acting chairmanship of that let that happen. This is truly a strong vember, my colleague from Alabama, committee. We all know what a painful and historic piece of legislation. It puts the former chairman of the committee, process it was to come to a conclusion a permanent end to too big to fail, to Senator SHELBY, announced—and I be- on the health care debate. Again, I re- taxpayer bailouts—gone. lieve he was correct—that we had got- gret, I am sorry it went through that Allow me to remind my colleagues of ten about 80 percent of the way to a bi- process—not exactly a textbook what is in this historic bill, along with partisan consensus on this legislation. version of how a bill ought to become the too-big-to-fail concept and ending That is about where it ended, I guess, law—but nonetheless an important the bailouts that have too often per- but nonetheless this bill does reflect at contribution to our country. sisted in the past. Wall Street firms least strong measures in here that were This bill, by contrast, is a model in understand if they gamble with their crafted on a bipartisan basis. many ways of how a bill ought to be- own risks, it is one thing. Gambling On the Senate floor, we debated the come law. We did it under an open with others is a flaw that we will not bill for 4 weeks, carefully considering process. We had a conference that was tolerate. The American people deserve the ideas and concerns of our col- open, amendments were offered, and this assurance, and we provide it in leagues. Some 32 amendments were of- Members could be heard. I am not sug- this bill. They were put on the hook, of fered either by the minority or to- gesting that is a reason solely for course, for an unprecedented emer- gether with a Democratic and Repub- someone to support this bill or oppose gency action that we had to take to lican author, of the 60 amendments. it, but I do think it is important in how save our economy from completely col- Half of the additions that were made to this body conducts its business as a lapsing. They were and still are angry the bill over 4 weeks came from the mi- model of what can be done to restore that they had to pay for the greed and nority, either alone or working with a some civility to a process that is sorely recklessness of others, and they were majority member. lacking in it on too many occasions as and are still today even angrier that Then, for the first time in recent we try to resolve the matters that our their generosity didn’t seem to moti- memory, we broadcast every minute of constituents have sent us here to work vate Wall Street to change its culture, the almost 70 hours of the conference out. as banks continue to lavish large bo- committee between the other body, the So I talk about the number of votes nuses on executives while Main Street House of Representatives, and the U.S. cast, the time spent, the openness of Americans lost their homes, their jobs, Senate. This conference committee was the process because it ought to be re- their retirement, and their wealth. on C–SPAN. There were no backroom warded to some degree. If, in fact, As I mentioned earlier, this bill cre- deals because there was not a back there is no different conclusion, the ates a consumer protection agency room. Everything was done—all—every same roadblocks are offered, and with authority and independence. It minute of that conference was reported whether or not we have a closed proc- ends too big to fail; it establishes an to the American public—in fact, be- ess much as the health care debate advanced warning system for financial yond. C–SPAN, picked up by satellite, was, or as open a process as the finan- threats; and it provides new trans- was available literally around the cial services bill was, and at the end of parency and accountability for deriva- world to monitor the events in the con- the day you are still faced with the tives and other exotic financial instru- ference committee. We approved an ad- same obstruction in trying to pass a ments. It makes public companies and

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.059 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5832 CONGRESSIONAL RECORD — SENATE July 14, 2010 executives more accountable to their in our legislation as one of the impor- companies—and new protections for in- shareholders, and it gives regulators tant provisions that had not existed vestors. powerful authorities to protect inves- earlier on, not just last year but going Despite the wild protestations of tors and depositors. This legislation, I back to 2004, 2005, as he rightly points some on Wall Street who, given their say to Wall Street, with its outright out, when the problems began to actions in the lead-up to this crisis, ban on any future too-big-to-fail bail- emerge, that this problem that we have have little standing to lecture us about outs, is the other shoe dropping. gone through never would have hap- keeping our financial system healthy, Our bill also establishes, as I men- pened to the extent it has. this bill is good for the financial sector tioned, a consumer financial protection So one of the highlights of this bill is as well. Our bill rewards creativity and bureau, the very first-of-its-kind that we have far more than just one set innovation without the pressure to watchdog. It will have one job and one of eyes now looking over the landscape take outrageous risks or to deal un- job only; that is, to protect and em- both at home and abroad, including fairly with consumers. Honest firms power American consumers and their State regulators who I think can bring can focus on competing for business by financial decisions. American families a valuable contribution to the over- serving their customers better, and for shouldn’t have to have an advanced sight responsibilities when it comes to community banks reform means business degree to plan for their finan- determining whether institutions stronger core funding, fair deposit in- cial future, and they shouldn’t have themselves or product lines or prac- surance premiums, a stronger insur- the fear that they will get ripped off by tices are so risky that they endanger ance fund, and a far more level playing a shady lender or a scam artist as too our financial system. Then they have field. These banks will get to keep often has been the case. the power to respond to that as well, to their Federal regulator, and they For too long they have been on their see to it that those practices can be would not be charged assessments by own because the seven different agen- brought to a stop before they cause the the new consumer protection bureau. cies that were supposed to be looking problems that the last crisis did in so For retailers, this reform bill means out for them were distracted by their many other areas of our economy. freedom from inflated interchange fees other sometimes conflicting missions. Our legislation contains strong provi- and for consumers. I wish to thank Americans need to know this new sions that bring the $600 trillion deriv- RICHARD DURBIN, our colleague from Il- consumer protection bureau would not ative market out of the shadows and linois, the majority whip, whose insist- make decisions for them. The new bu- into the sunlight. Let me repeat that ence on this language in the bill pro- reau will make sure consumers have number. This is an area where we went voked significant debate and discus- the information they need to make from $60 billion, I think it was—a $60 sion. I didn’t mention him earlier, but good decisions about their home mort- billion to $90 billion industry of the de- I wish to thank Senator DURBIN for his gages, their student loans, their home rivatives market to $600 trillion—that involvement, and I thank retailers and equity loans, their credit cards, and is with a ‘‘t’’—globally, just a massive others across the country who strongly other financial matters. It will protect market, operating in the shadows. supported this provision in this bill. them from being trapped by unfair or Again, our legislation shines the bright Fifteen million retailers today will be deceptive or abusive lending practices, light of sunshine on these transactions able to earn more and charge their cus- and if they do encounter a problem, so we have far more transparency in tomers less because of these provisions there is a single toll-free number to this area. in the bill. call and get help. Let me quickly point out that there For seniors and veterans and minori- By the way, let me just add to this is absolutely nothing inherently wrong ties, reform means protections against last point about consumer protection: I with derivatives. In fact, quite the con- some of the most hideous scams tar- have heard some Members suggest we trary. Derivatives are vitally impor- geted at these populations in our coun- don’t deal with underwriting standards tant if utilized properly in terms of try. Again, I point out—I don’t know if for home mortgages. I am looking to wealth creation and growing an econ- we have this up, but here was the head- staff here, but I think there are some omy. But what was once a way for line in the Wall Street Journal the 40, 50, 60 pages of this bill, pages and companies to hedge against sudden other day: ‘‘Big Win for Small Banks in pages alone dedicated to underwriting price shocks has become a profit center Overhaul.’’ That certainly is the case. standards when it comes to residential in and of itself, and it can be a dan- There are 8,000 of them in this country. mortgages. We spent a great deal of gerous one as well, when dealers and The Independent Community Bankers time in seeing to it that no longer other large market participants don’t Association, while not endorsing the would we have these no-doc loans, no hold enough capital to back up their whole bill, sent a memorandum to requirements, no information, nothing risky bets and regulators don’t have in- every Member of this body, I think this at all that too often led to the finan- formation about where the risks lie. morning or yesterday afternoon, out- cial difficulties we are in. AIG was the classic example, of course, lining why the major provisions in this I urge my colleagues and others to where that happened. bill are very good for our small banks read the bill or read the sections. There Derivatives should help companies in this country. I have enumerated just is a whole area of this bill, a signifi- manage their risks. That is why they a couple of measures. cant part of it, dealing with under- are valued, so they can continue to Mr. President, I ask unanimous con- writing standards for residential mort- grow their businesses, hire workers, sent to have printed in the RECORD at gages. and improve the quality of our econ- this juncture the memorandum from This bill will provide an early warn- omy. But during this crisis, panic and the ICBA, if I may. ing system to sound the alarm should confusion in the derivatives market led There being no objection, the mate- large institutions or new financial to job losses. Derivatives traders lost rial was ordered to be printed in the products or practices threaten the sta- sight of the impact their actions were RECORD, as follows: bility of our financial system. Most having on the real economy in our Na- ICBA Commentary Americans were completely unfamiliar tion. THE GOOD IS OFT INTERRED WITH THEIR with innovative financial instruments With this bill, companies can con- BONES such as credit default swaps and mort- tinue, obviously, to use derivatives to (By Jim MacPhee, Mike Menzies and Sal gage-backed securities until those very hedge their commercial risks, but they Marranca) instruments sparked a crisis that put must do so in a much safer and trans- A tsunami of paper, e-mails and every millions of people out of work. I noted parent way that would not put our other form of communication predicting ev- with some interest just yesterday, I be- whole financial system at risk. erything from the destruction of community lieve it was, that the former Secretary Meanwhile, of course, this bill in- banking to financial Armageddon is washing of the Treasury, Hank Paulson—I don’t cludes reforms to executive compensa- over bankers nationwide as a result of the House passage of the conference report on want to exaggerate his comments, but tion and corporate governance that Wall Street Reform. Some of this stuff is so I think I concluded that he thought will make corporate executives more extreme it practically implies the end of life this bill was a good bill. He identified accountable to the owners of their as we know it. It has Chicken Little in a full specifically this early warning system businesses—the shareholders in these sprint.

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.060 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5833 Ok, enough already. There is some really must follow. Banks with up to $10 billion in Senator HAGAN, as well—expressed in- bad stuff in the bill. Some of the information assets will continue to be examined for com- terest as to what would happen to soaking bankers about the bad stuff is actu- pliance by their current regulator. A meas- small banks and small businesses and ally very true and accurate, some of it is ex- ure to give the bureau ‘‘backup enforce- our desire to reform a system to make aggerated and a bit of a stretch, and some of ment’’ authority over community banks was sure they were not going to be overly it is just downright lies designed to scare the eliminated. daylights out of community bankers. That is Significantly, the CFPB will not have au- burdened with regulations and other so community bankers will pull Wall thority to impose assessments on commu- things that would make it difficult for Street’s chestnuts out of the fire for them. nity banks to pay for its operations. Also, them to operate. Why do you think it is called the ‘‘Wall the bureau will be required to consult with So there are other provisions in here, Street Reform Act’’? the banking regulators before proposing any particularly with regard to consumer Everyone has been made painfully aware of rule and during the comment process (ICBA protection, where the needs and con- all the evil in the bill. What seems to be fought hard for these exemptions). In all of cerns of small businesses must be ad- lacking is a fair and balanced look at what its rule making, the bureau also will have to dressed before rules are promulgated. actually may be some good elements in the specifically consider the benefits and costs a That would not have happened except bill—if you are a community bank that is. new consumer-protection rule would have on Not much good in there for Wall Street—we banks with less than $10 billion in assets, and for the contribution of my colleague freely admit that. to rural bank customers. Before proposing from Maine. From our personal observations, we know any rule that would significantly affect com- I would be remiss, as well, if I didn’t that a fair number of community bankers munity banks, the bureau must convene a mention—I didn’t discuss it here—the watch the FOX News Channel. And according panel to gather input directly from commu- capital requirements in this bill. There to FOX News, it does its best to be ‘‘fair and nity banks. was a lot of discussion about that. It balanced.’’ So, in the interest of ‘‘fair and Now if this bill is defeated all the bad stuff was the amendment of SUSAN COLLINS, balanced,’’ and because just about every- will just come back like a bad habit, but all our colleague from Maine as well, who, thing evil, bad and terrible has been said the good stuff listed above goes away—likely along with working with the FDIC and about the Wall Street Reform Act that can for good. As Mark Antony said at Caesar’s be said, let’s at least look into the bill and funeral, ‘‘the evil that men do lives after Sheila Bair, came up with a very see if there is anything remotely redeeming them; the good is oft interred with their strong provision in this bill that is a for community banks. bones.’’ In the context of Wall Street Re- very workable and flexible provision Keep in mind that we are not fair and bal- form, Mark Antony is saying that if the bill but helps us avoid one of the major anced when it comes to the financial services goes down the bad stuff in the bill will live problems that contributed to this cri- industry. As longtime community bank ex- on in many, many different forms, but the sis, which is the capital standards that ecutives, we freely admit that we are fierce- good stuff for community banks in this Act raised the risks and caused so many of ly devoted and passionate about the commu- will be buried with it. Through the ages our institutions to get into the trouble nity banking industry and don’t represent Shakespeare’s wisdom has been proven time they were in. Senator COLLINS made nonbank financial firms or Wall Street. So and again. with that disclaimer, let’s look at the other At the end of the day, each community other suggestions to the bill that were side of the coin. banker will have his or her own view of this important as well. But I think those A U.S. Senate Banking Committee sum- bill. And that view will be shaped by his or particularly dealing with capital stand- mary of provisions in the bill that will ben- her own circumstances, and that is as it ards contributed very much to this, efit community banks might be a good place should be. As your elected ICBA executive and I am grateful to her, as well as her to start. As already mentioned, while the committee members, we will always ensure colleague from Maine, Senator SNOWE, Wall Street Reform Bill contains some bur- that ICBA stays true to its mission to rep- for her contributions. densome measures for community banks, resent the best interests of community I mentioned earlier we talked about particularly those that impose government banks at all times and flier. We hope this trying to get this right on the question price controls on debit interchange fees, the commentary gives you at least a glimpse of legislation also includes many important the other side of this issue. of proprietary trading, the so-called Volcker rule that was raised by the provisions and exemptions for community Mr. DODD. Mr. President, the ICBA former chairman of the Federal Re- banks that ICBA fought for and won. Some memorandum highlights all of the of those provisions will directly benefit com- serve Board. munity banks’ bottom lines. Others are de- things done in this bill that warrant Again, I thank Paul Volcker for his signed to buffer community banks from the the headline in the Wall Street Journal contribution, his tireless effort. He has actions lawmakers were intent on taking to about how the overwhelming majority long since left public life, and he could rein in the megabanks and nonbank financial of the 8,000 small banks in this country have sat back and offered general com- firms. do well under this bill. I thank the Among many other measures beneficial to mentary on everything, but he decided, ICBA for stepping up and making that at his young age, to get back involved community banks in the bill, four in par- case for us. The American Bankers As- ticular are worth highlighting . . . and engaged in this bill. He made a Fairer Deposit Insurance System. The bill sociation had been vehemently opposed strong contribution to the concept of will require the FDIC to assess insurance to this legislation and tried to con- proprietary trading, where depositors’ premiums based on total liabilities, not on vince people they represented all banks money should not be put at risk when domestic deposits. This provision alone will in the country. The ICBA took great banks are making choices that involve save community banks a total of $4.5 billion offense at this suggestion and hence risk. It is one thing to risk your own over three years. the memo sent around to all Members. money, but to risk your depositors’ Deposit Insurance Coverage. The bill will I wish to thank other colleagues as permanently raise the FDIC deposit insur- money is another matter. But it is ance limit to $250,000. It will also extend un- well—I didn’t mention this earlier—re- more complicated than the two sen- limited deposit insurance coverage for non- garding the small business provisions. tences I have just uttered. interest-bearing transaction accounts under Particular thanks go to our colleague I thank SCOTT BROWN of Massachu- the Transaction Account Guarantee program from Maine, Senator SNOWE, who setts, because this was not merely a for two years. chairs, along with Senator LANDRIEU, parochial interest out of the Common- Too-Big-To-Fail Regulations. To reduce the Small Business Committee. They wealth of Massachusetts. There is the too-big-to-fail funding advantages and sys- paid particular attention to how small whole issue of the de minimis partici- temic risks, the bill will require the largest businesses would be affected by this banks to hold more capital and liquidity re- pation, where banks literally have to serves. In addition to creating a new sys- bill and made a number of suggestions hedge to protect depositors’ money temic-risk council, the bill will put in place which we adopted as part of the bill on against interest rates. There are a new resolution authority to wind down the the Senate floor and again preserves number of legitimate areas where that largest institutions that fail. them in the conference committee. is required and necessary. As a result Consumer Financial Protection Bureau Ex- These are not minor suggestions. They of Senator BROWN’s involvement and emptions. ICBA vigorously and continually were significant ones and added great work, we took note of that, and it re- opposed the creation of the Consumer Finan- value to this bill. flects his ideas and thoughts in this cial Protection Bureau, but the bill offers We all talk about small business, but several important measures to exempt com- bill as well. It is a stronger bill as a re- munity banks from direct bureau oversight. if we are not careful, too often they get sult of his involvement. Most nonbank financial firms, for the first lost in the debates around here. Sen- These areas of small business, capital time, will be subject to the same lending ator SNOWE and other colleagues—I see standards, and de minimis participa- rules and standards that community banks my colleague from North Carolina, tion were all significant contributions

VerDate Mar 15 2010 04:32 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.015 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5834 CONGRESSIONAL RECORD — SENATE July 14, 2010 to our legislation. I thank them all for didn’t know he was here. I thank him understandable anger and frustration. I their work. There are many other as- for what he did in this bill. I have spent cannot legislate anger and frustration. pects. I thank Senator LUGAR and BEN a lot of time here, but I suspect that That is not our job here. As angry as CARDIN of Maryland for their proposal over the next 24 hours or so there will we are, as mad as we may be at institu- dealing with extraction of natural re- be more discussion about it. tions and individuals, that cannot be sources, and requiring that companies Again, I have been asked: Do you dis- our motivation in crafting the legisla- that are public that do so have to say agree with anything in the bill? Of tion that the American people expect. in their public filings with the SEC course I do. This is a bill crafted by a Many have endorsed this bill, but not how much they are paying the mostly committee, working with our col- because they love every aspect of it. I developing countries for the right to leagues in this Chamber, and with the am grateful to Sheila Bair at FDIC. extract these natural resources. I am 435 others in the other Chamber, work- She has been stalwart in her effort to told by those who follow these issues ing with the White House, the regu- seeing to it that consumers, small that that provision alone could have a lators, and the stakeholders in trying banks, and others would survive and do huge impact when it comes to the abil- to fashion a bill that would reform our better. I am grateful to her and the ity of developing countries to under- financial system. I wrote a bill back in staff of the FDIC. stand what has happened to their nat- November that I would have preferred. I am grateful to Tim Geithner and ural resources and some of the corrup- But you don’t get to write your own the Treasury folks, who have done a tion that exists in their country. bill. You can do that, but that may be great job working our way through I note the presence of my friend from where it begins and ends. We serve in a technical matters and the like, so we Minnesota. I mentioned earlier, when legislative body, so it takes com- can understand the implications of var- he was presiding, his contribution on promise and working together to try to ious ideas to get the job done. rating agencies. This was a subject achieve the best results we can, recog- I am grateful to the National Credit matter we debated and discussed end- nizing that, in the end, you have to Union Administration’s chairman, Mr. lessly, trying to figure out how to get produce the votes. A good idea that Matz, who was helpful in putting this greater accountability out of the rat- doesn’t have the votes is just that—an bill together. ing agencies, greater due diligence, so idea. But we bear responsibility of I mentioned the ICBA, the inde- that when the institution or person more than just coming up with ideas. pendent community banks, and their making the decision to purchase a The American public expects nothing importance as well. securitized product that had been rated less of us than to fashion proposals Again, I thank the former Federal as AAA, or AA, or B, or whatever that that will minimize great risks to them. Reserve Chairman, Paul Volcker. Also label is on there—for years people have None of us lost a job or a home in the the 20 pension fund managers, includ- relied on that. You saw that AAA and last 2 years. None of us has watched ing the Connecticut State Treasurer, you didn’t have to know much more. It our retirement account evaporate over- as well as the CEO of the California didn’t get any better than that. night. None of us will worry whether State Teachers Retirement System, We learned painfully that those rat- our children can get a higher edu- the Massachusetts Laborers’ Benefit ings were not based on due diligence by cation. That all happened to the people Fund, Service Employees International the rating agencies but on the informa- we represent across the country. They Union, the National Treasury Employ- tion of those purchasing the ratings are asking that we do our best. They ees Union, U.S. Public Interest Re- from the departments who were relying don’t ask for perfection. They know we search Group, National Consumer Law exclusively on the very entity being have not solved every problem, and Center, Americans for Financial Re- rated. In a sense, it was fundamentally that we are not going to bring back form, Consumer Federation of Amer- false to suggest that the rating agency their homes and their jobs; but they ica, American Association of Retired had drawn the conclusion that a par- expect us to respond to the situation Persons, the Leadership Conference on ticular product, whether a securitized that brought us to the brink of finan- Civil and Human Rights, North Amer- mortgage or others, was actually of the cial disaster. This is our best effort to ican Securities Administration, the In- value that the rating would indicate. do so. It is not perfect, I know that. It stitute for College Access and Suc- Our colleague from Minnesota, of is not exactly what I would write on cess—on and on. course, played an important role in my own, nor is it what anybody else I ask unanimous consent that the list suggesting an alternative idea that has would have written. But it is our best of the myriad organizations across this been incorporated in the bill. I am judgment on what we can do. country that endorsed this bill be deeply grateful to him for his involve- We won’t know the full results of printed in the RECORD. ment. I mentioned earlier some of the what we have done until the very insti- There being no objection, the mate- provisions. tutions we have created, the regula- rial was ordered to be printed in the JEFF MERKLEY is a member of our tions we have suggested and provided RECORD, as follows: committee. for are actually tested. We can’t legis- Federal Deposit Insurance Corporation One of my dearest friends during my late wisdom or passion. We cannot leg- Chairman Sheila Bair; National Credit Union service here in the Senate is my col- islate competency. All we can do is cre- Administration Chairman Matz; Former Fed- ate the structures and hope that good eral Reserve Chairman Paul Volcker; 20 league CARL LEVIN. We don’t serve on prominent Pension plan managers including committees together. He is chairman people will be appointed who will at- the CT State Treasurer and the CEO of the of the Armed Services Committee and tract other good people—people who CA State Teachers’ Retirement System; also chairman of the Government Oper- will make careers and listen and see to Massachusetts Laborers’ Benefit Funds; ations Committee—the names change; it that never again do we go through Service Employees International Union I still believe that is the name of the what we have been through. That is not (SEIU); National Treasury Employees Union; committee—which has broad jurisdic- our job. Ultimately, that is dependent U.S. Public Interest Research Group (U.S. tion, but he held a critical hearing upon what happens after this bill be- PIRG); National Consumer Law Center; comes law—if it does. We need to see to Americans for Financial Reform; Consumer days before we brought this bill to the Federation of America; American Associa- floor of the Senate, highlighting many it that the human leadership that tion for Retired Persons (AARP); The Lead- of the problems that have persisted in makes up these bodies who will be re- ership Conference on Civil and Human the financial services sector. Working sponsible for regulating the activities Rights; North American Securities Adminis- with our colleague from Oregon, Sen- in these financial areas does its job. trators Association; The Institute for Col- ator MERKLEY, Senator LEVIN and he None of us has the power to guarantee lege Access & Success; National Association crafted a proposal to deal with propri- that. All we can do is provide them of College Stores; National Association of etary trading—the Volcker rule, which with the tools and the structure and Convenience Stores; National Restaurant As- the architecture that will allow them sociation; National Grocers Association; The I mentioned a moment ago. It was due Food Marketing Institute; The Merchants to their involvement that those ideas to do that job well. We have done our Payments Coalition; The Petroleum Market- were incorporated into the bill. best to provide those very tools, and ers Association of American and New Eng- When you have a 2,500-page product— that structure, and that architecture, land Fuel Institute; and 7-Eleven and its I see my colleague from Michigan; I in a complicated time—in the midst of Franchisees.

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.062 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5835 Mr. DODD. Mr. President, lastly, I structures safer to invest in, safer to OFFICE OF REPRESENTATIVE GREGORY MEEKS think it is worth noting that in all the start a business in, and safer to partici- Milan Dalal. analysis that we did to root out the pate in the economy of our Nation. OFFICE OF REPRESENTATIVE MARY JO KILROY cause of the crisis, it was not the In short, this legislative proposal in- Noah Cuttler. sists that we rebuild the foundation of American people who were at fault. OFFICE OF REPRESENTATIVE GARY PETERS our prosperity and, thus, restore the Their prosperity was built on hard Jonathan Smith. work, entrepreneurship, and creativity. trust that allows us to prosper as a HOUSE AGRICULTURE COMMITTEE Those qualities are as strong now in great nation. the American people as they have ever This is one of my last acts as a Mem- Clark Ogilvie. been. We have seen a pattern of exploi- ber of this body, in the legislative con- HOUSE BUDGET COMMITTEE tation on the part of some executives text. I am very proud of my colleagues Greg Waring. and others in the financial sector, and and of this bill. I am proud of the work HOUSE ENERGY AND COMMERCE COMMITTEE a lack of wisdom on the part of too we have done over the past several Phil Barnett, Michelle Ash, Anna Laitin. many Washington regulators. What we years to make it as strong as we pos- HOUSE JUDICIARY COMMITTEE have seen is a lack of integrity on the sibly could. George Slover. part of some greedy individuals, who I thank my staff as well: Amy Friend sits next to me, our legislative counsel. HOUSE OVERSIGHT AND GOVERNMENT REFORM sought to get rich by ripping off the COMMITTEE I also thank Ed Silverman, the staff di- American families. What we have seen Mark Stephenson, Adam Miles. is a lack of compassion and com- rector. I also thank Jonathan Miller, HOUSE LEGISLATIVE COUNSEL petence on the part of those who were Dean Shahinian, Julie Chon, Charles Yi, Marc Jarsulic, Lynsey Graham Rea, Jim Wert, Marshall Barksdale, Brady supposed to be watching out for the in- Young, Jim Grossman. terests of consumers and investments. Catherine Galicia, Matthew Green, As a result, there has been a deficit Deborah Katz, Mark Jickling, Donna SENATE BANKING COMMITTEE of trust in our markets, foresight in Nordenberg, Levon Bagramian, Brian Ed Silverman, Amy Friend, Jonathan Mil- our regulatory system, and confidence Filipowich, Drew Colbert, Misha Mintz- ler, Dean Shahinian, Julie Chon, Charles Yi, Roth, Lisa Frumin, William Fields, Marc Jarsulic, Lynsey Graham Rea, Cath- in our economy. erine Galicia, Matthew Green, Deborah Katz, The challenge we have faced all along Devin Hartley, Beth Cooper, Colin Mark Jickling, Donna Nordenberg, Levon is how do you restore those things? McGinnis, Neal Orringer, Kirstin Brost, Bagramian, Brian Filipowich, Drew Colbert, How do we restore trust? I can’t put a Peter Bondi, Sean Oblack, Erika Lee, Misha Mintz-Roth, Lisa Frumin, William number on that for you. I can’t tell you Abigail Dosoretz, Robert Courtney, Fields, Beth Cooper, Colin McGinnis, Neal the financial implications of the ab- Caroline Cook, Joslyn Hemler, Dawn Orringer, Kirstin Brost, Peter Bondi, Sean sence of trust or a diminution of it. Ratliff, and all of their families. Oblack, Steve Gerenscer, Dawn Ratliff, How do we bring back confidence and I thank our legislative counsels: Erika Lee, Joslyn Hemler, Caroline Cook, Robert Courtney, Abigail Dosoretz. optimism, which has been the hallmark Laura Ayoud, Rob Grant, Allison of our Nation, even through the most Wright, and Kim Albrecht Taylor. SENATE AGRICULTURE COMMITTEE difficult of times? You can’t legislate I want to thank the Democratic floor Robert Holifield, Brian Baenig, Julie Anna trust or confidence or optimism. As I staff: Lula Davis, Tim Mitchell, Tricia Potts, Pat McCarty, George Wilder, Matt Engle, and Meredith Mellody. Dunn, Elizabeth Ritter, Stephanie Mercier, said, you cannot legislate wisdom or Anna Taylor, Cory Claussen. integrity, and we have not sought to do These are remarkable people whose SENATE LEGISLATIVE COUNSEL so in this bill. names will never enjoy the spotlight or There is nothing I or any other legis- get notoriety, but day in and day out Rob Grant, Alison Wright, Kim Albrecht- lator or Senator can do to stop a bank- and over weekends and around the Taylor, Colin Campbell, Laura McNulty Ayoud. er from making a bad decision or a clock, they made all the difference in trader for putting profit over principle. seeing to it that we arrived at this mo- CONGRESSIONAL RESEARCH SERVICE Our system will always depend, in part, ment. There are Democrats and Repub- Baird Webel. on human beings. So it will always in- licans and people who work off the Hill Mr. DODD. The final result depends clude human error. who contributed as well. There are too on the votes of my colleagues and But our system also depends on insti- many names to mention. whether they decide it is better for us tutions and those we can do something I thank Chairman FRANK and DICK to move forward with these reforms as about. That is what this effort is all SHELBY, my Republican colleague, as we have crafted them or to do nothing, about. We can strengthen them to well as BLANCHE LINCOLN, who did such in effect, and say that after all this make our financial system more resil- a great job along the way. It is a mo- time and effort, we have nothing to say ient to the shocks that occur and make ment of some pride as well as success about what brought us to this situa- our economy as a whole less vulnerable that we have come this far. tion. I ask unanimous consent that a list to the effects of those shocks. I have taken a long time. I apologize If you ever played a board game of staff on both sides of the Capitol be to my colleagues who want to be heard called Jenga with your kids, it involves printed in the RECORD. on this matter. I will be here all day There being no objection, the mate- stacking a series of oddly shaped tomorrow to listen to the debates and rial was ordered to be printed in the blocks, one on top of the other. But be- thoughts as we go forward. This is a RECORD, as follows: cause the foundation on which the first moment in which we can take great block is laid never grows any broader, HOUSE FINANCIAL SERVICES COMMITTEE pride as an institution, both in terms there is only one way to build, and that Jeanne Roslanowick, Michael Beresik, of what we produced and how we pro- David Smith, Adrianne Threatt, Andrew Mil- is up. As you build, the stack becomes ler, Daniel Meade, Katheryn Rosen, Kate duced it. For that, I am deeply grateful more and more unstable, until someone Marks, Kellie Larkin, Tom Glassic, Rick to the membership of this institution. places one fateful block in the wrong Maurano, Tom Duncan, Gail Laster, Scott The PRESIDING OFFICER. The Sen- spot and the entire structure comes Olson, Lawranne Stewart, Jeff Riley, Steve ator from North Carolina. crashing down. Hall, Erika Jeffers, Bill Zavarello, Steve Mrs. HAGAN. Mr. President, before I By allowing banks to shop for the Adamske, Elizabeth Esfahani, Daniel begin, I congratulate Senator DODD for most lenient regulators, in a similar McGlinchey, Dennis Shaul, Jim Segal, all of the extremely hard work he has fashion, by failing to put a strong cop Brendan Woodbury, Patty Lord, Lois done on Wall Street reform. We are on the consumer protection beat, by Richerson, Jean Carroll, Kirk Schwarzbach, Marcos Manosalvas, Marcus Goodman, certainly pleased that we are at this leaving the door open to taxpayer bail- Garett Rose, Todd Harper, Kathleen Mellody, point in time. outs, we were building our wealth on a Jason Pitcock, Charla Ouertatani, Amanda f narrow and unstable Jenga foundation. Fischer, Keo Chea, Sanders Adu, Hilary Yet by putting in place strong, clear West, Flavio Cumpiano, Karl Haddeland, UNANIMOUS CONSENT REQUEST— rules, by giving regulators both the au- Glen Sears, Stephane LeBouder. EXECUTIVE CALENDAR thority and the responsibility to en- OFFICE OF REPRESENTATIVE CAROLYN MALONEY Mrs. HAGAN. Mr. President, I come force those rules, we can make our Kristin Richardson. to the Senate floor this afternoon to

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.063 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5836 CONGRESSIONAL RECORD — SENATE July 14, 2010 discuss two nominees for the Fourth said Judges Wynn and Diaz are ‘‘widely cratic colleagues turned his virtues Circuit Court of Appeals—Judges Jim regarded as intelligent, ethical judges into a vice, saying he was doing too Wynn and Albert Diaz. who have won respect for their judicial good a job as U.S. attorney in Mary- When I came to the Senate, I had and military careers. They are the kind land to be promoted to the circuit high hopes of increasing the number of of judges the federal bench needs . . . court. North Carolinians on the court. North Their quality is so unquestioned that Despite the unfair treatment that Carolina is the fastest growing and only partisanship could stall their Mr. Rosenstein received, many Senate largest State served by the Fourth Cir- nominations.’’ Republicans in this Congress, including cuit. Yet only 1 of the 15 seats is filled Unfortunately, I worry that is what myself, supported President Obama’s by the abundant talent from our State, is happening. Both Judge Wynn and nominee to this seat, Andre Davis. and over the past century North Caro- Judge Diaz were approved by the Sen- Also in this Congress, Republicans, lina has had fewer total judges on the ate Judiciary Committee on January including myself, supported the con- court than any other State. 28—Judge Diaz unanimously and Judge firmation of Barbara Keenen of Vir- Furthermore, there have been inex- Wynn with only one dissenting vote. ginia to the Fourth Circuit. With her cusable vacancies on this court But for over 5 months now, the nomi- confirmation, the Senate has con- throughout history. Given that the nations have languished on the cal- firmed twice as many nominees to the U.S. Supreme Court only reviews 1 per- endar. It is past time that these two Fourth Circuit as occurred during the cent of the cases it receives, the fine judges be confirmed to the Fourth entire last Congress of the Bush admin- Fourth Circuit is the last stop for al- Circuit. istration when Democrats controlled most all Federal cases in the region. Mr. President, as in executive ses- the Senate. We must bring this court back to its sion, I ask unanimous consent that at With respect to the vacancies from full strength. Since 1990, when this a time to be determined by the major- North Carolina, President Bush put up court was granted 15 seats, it has never ity leader, following consultation with a nominee who satisfied all of Chair- had 15 active judges. the Republican leader, the Senate pro- man LEAHY’s criteria for confirma- Judge Wynn brings decades of judi- ceed to executive session and consider tion—Judge Robert Conrad. Judge cial experience to the bench. He has en bloc the following nominations on Conrad had the strong support of his served on the North Carolina Court of the Executive Calendar: Calendar No. home State Senators. He received the Appeals since 1990 and had a brief ten- 656, Albert Diaz, to be a U.S. Circuit blessing of the ABA, the Democrat’s ure on the State supreme court. He has Judge for the Fourth Circuit, and Cal- so-called gold standard, and he would fill a judicial emergency. Yet Judge been the chair of the bar association’s endar No. 657, James Wynn, to be a Conrad could not even get so much as Judges Advisory Committee on Ethics. U.S. Circuit Judge for the Fourth Cir- Additionally, Judge Wynn has served a hearing. cuit; that the nominations be debated In fact, the Senate has been proc- on Active and Reserve Duty in the concurrently for up to 3 hours, with the essing President Obama’s judicial Navy for 30 years and was a certified time equally divided and controlled be- nominees, both district and circuit military trial judge. He has been hon- tween Senators LEAHY and SESSIONS or court nominees, faster than it proc- ored for his extraordinary service sev- their designees; that upon the use or essed President Bush’s judicial nomi- eral times, including three Meritorious yielding back of time, the Senate pro- nees. Service Medals. ceed to vote on confirmation of the How has the President responded to Judge Diaz has served since 2005 as nominations in the order listed; that our efforts to work in good faith? He one of North Carolina’s three business upon confirmation, the motions to re- recess appointed Donald Berwick be- court judges. Prior to that, Judge Diaz consider be considered made and laid fore the Finance Committee could even was a judge on the State superior court upon the table en bloc, the President schedule a hearing on him, and despite for nearly 4 years. be immediately notified of the Senate’s the fact that Republicans on that com- As a business court judge, Judge Diaz action, and the Senate resume legisla- mittee requested that a hearing be has handled complex business cases. He tive session. scheduled on his nomination. started as a lawyer in the U.S. Marine The PRESIDING OFFICER. Is there Let me give my colleagues a brief Corps, was an appellate counsel in the objection? timeline of the nomination of Donald Navy’s Office of the Judge Advocate Mr. MCCONNELL. Mr. President, re- Berwick. General and has been a judge in the serving the right to object, and I will On April 19, 2010, the President nomi- Marine Corps Reserves. be objecting. nated Dr. Berwick to serve as Adminis- Judge Diaz also has extensive experi- The PRESIDING OFFICER. The Re- trator of the Centers for Medicare and ence in business litigation and has publican leader. Medicaid Services. Less than 3 months served on the State Judicial Council Mr. MCCONNELL. Mr. President, I later, and without a Senate Finance which advises the State supreme appreciate the perspective of the junior Committee hearing taking place, the court’s chief justice on ways to im- Senator from North Carolina, but my President recess appointed Dr. Ber- prove the courts. He is a graduate of perspective on the Fourth Circuit cov- wick. The reason offered was that the New York University Law School, with ers a little longer period of time. Republicans were blocking this vital a graduate degree in business from Bos- I advise my friend that for the last appointment, so they could wait no ton University and undergraduate de- Congress of the Bush administration, longer to follow the constitutional gree in business from the University of the Democratic majority only con- process of Senate confirmation. Yet Pennsylvania. firmed one nominee to the Fourth Cir- this position was vacant for the first 16 I note that both judges have received cuit. As a result, the circuit was fully months of the Obama administration unanimous ratings of well qualified one-third vacant with five vacancies and has not had a confirmed Adminis- from the American Bar Association. when President Bush left office. trator since 2006, since my friends on Additionally, both men’s confirma- These vacancies were not due to the other side of the aisle were block- tion to this Federal bench will be his- President Bush’s failure to nominate ing the Bush administration nominee. torically significant, as Judge Diaz will several qualified candidates. As a re- Democrats did not schedule so much be the first Latin American on the sult, my Democratic friends had to re- as a committee hearing for Donald Ber- Fourth Circuit and Judge Wynn will be sort to creative reasons to justify keep- wick. The mere possibility of allowing the fourth African American to ever ing these seats open. the American people the opportunity serve on this bench. To give an example, the Fourth Cir- to hear what he intends to do with These fine men have the support of cuit seat from Maryland was kept va- their health care was reason enough for both myself and my colleague from cant for the entirety of the Bush ad- this administration to sneak him North Carolina, Senator BURR. Edi- ministration—8 years. The last nomi- through without public scrutiny. torials and newspapers throughout nee for that seat the Democrats ob- Given the President has been so North Carolina have praised these jected to was a fellow named Rod dismissive of the Senate’s right to pro- nominations and have urged their swift Rosenstein. Nobody could reasonably vide advice and consent under the Con- confirmation. The Charlotte Observer contest his credentials, so my Demo- stitution, I am not inclined at this

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.065 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5837 point to consent to the request pro- long-term deficits is a double-dip reces- slowly recovers via a ‘‘jobless recovery.’’ As posed by my friend from North Caro- sion and the stunting of our Nation’s a college graduate with an MBA and 23 years lina. Therefore, Mr. President, I object. economic growth. This shortsighted- of continuous employment at ‘‘good jobs,’’ I The PRESIDING OFFICER. Objec- never imagined even needing basic unem- ness is not only jeopardizing our short- ployment. As an active job seeker, I have tion is heard. term economic recovery and our future met hundreds of other job seekers and vir- The Senator from North Carolina. economic health, it is causing us to tually every one of them wants a job and Mrs. HAGAN. Mr. President, it is dis- abandon the real and urgent needs of wants to work. appointing that we cannot get consent families at home and in our States. Now this constituent and thousands for these judges. Senator RICHARD Please indulge me as I take a few of others like him have to hear this BURR and I together introduced these minutes to take stock of exactly where junk about how unemployment insur- two individuals at the Judiciary Com- we find ourselves. ance incentivizes people not to work. I mittee hearing. I will say that I remain We all know that our unemployment don’t know where the Senators who are committed to working with my col- rate has been hovering at about 10 per- saying that are going in their States, leagues on both sides of the aisle, as cent, its highest level in over a quarter but from what I have heard from my well as any Senator who has concerns of a century. There are 14.6 million other colleagues, it is like this all over over either judge, to working toward a Americans looking for jobs but unable the country. reasonable solution that would allow to find them. Nearly half of these are But even if we ignore the human side an up-or-down vote on Judges Wynn friends, family, and neighbors who of our economic crisis, even if we are to and Diaz. have been out of work for over 6 look only at what is best for our Na- Mr. President, I yield the floor. months, despite sustained efforts to tion’s economy, both in the short term The PRESIDING OFFICER. The Sen- find jobs. and the long term, it is still the right ator from Minnesota. Long-term unemployment is the answer to extend unemployment bene- Mr. FRANKEN. Mr. President, I ask worst it has been in the 60 years that fits and to do so without offsetting unanimous consent to speak as in these statistics have been kept. We them by cutting other important pro- morning business. have to go back to 1983 to find numbers The PRESIDING OFFICER. Without grams. I am not an economist—not even half this bad. objection, it is so ordered. many of us here are—but there happens The competition for each job is to be a pretty convincing record for us f fierce. It is not uncommon for hun- to draw from. BUDGET DEFICITS dreds of people to be fighting for a sin- According to Mark Zandi, chief econ- Mr. FRANKEN. Mr. President, I rise gle job. This chart shows just how hard omist of Moody’s economy.com, and a today to discuss an incredibly impor- it is to find work right now. In 2006, senior adviser to Senator MCCAIN’s tant subject—our Nation’s budget defi- there were about 1.5 unemployed work- Presidential campaign, extending un- cits. The deficit for fiscal year 2009 was ers for each job opening. That number employment insurance benefits creates about $1.4 trillion. The total national has exploded to five unemployed work- $1.63 in demand for every dollar spent. debt is now just under $13.2 trillion. ers for every opening. That is pretty simple, and it makes These numbers are staggering and rep- It does not surprise me that count- sense. Unemployment benefits are like- resent a tremendous threat to our Na- less Americans have given up looking ly to be spent quickly and in local com- tion. and are not even counted in the bleak munities. Unemployed workers no We have been hearing a lot about unemployment statistics I have been longer get a paycheck, but they still these numbers over the last few quoting. They have just given up. have to pay their mortgages and they months from Members on both sides of I can’t imagine many things more de- still have to put food on the table and the aisle. We heard about the economic moralizing than not being able to find pay their electric bills. dangers of running these deficits—the work, not being able to take care of Throughout this crisis we have all dangers to us, to our children, and to your family. I have heard the claim heard from economist after economist the very future of this Nation. from one of my colleagues that unem- who is closely watching the strength of I share these concerns over the direc- ployment insurance provides an incen- consumer spending—our economy rises tion of our budget deficits and our rap- tive for the millions of unemployed to and falls on it. Unemployment benefits idly growing debt. I have held these just sit on their duffs and not look for support consumer spending and stimu- concerns for some time, as a matter of work. I couldn’t disagree more strong- late the economy. Like other auto- fact. In a New York Times op-ed way ly. Unemployment insurance doesn’t matic stabilizers—programs for which back in 1988—22 years ago—I expressed keep people from working. The lack of eligibility is triggered when the econ- my alarm that we had gone from being jobs keeps people from working. omy sinks and are used less as the the world’s largest creditor Nation to I have traveled all over Minnesota economy recovers—unemployment ben- its largest debtor Nation. I noted then talking to people who are out of work. efits are effective and appropriate that the accumulated trade and budget I have gone to the Anoka County stimulus measures. deficits of the Reagan years worked Workforce Center; I have gone to union Do you know what else has proven to out to about $20,000 per American fam- halls in Duluth, in Bemidji, in Roch- work? Food stamps, with $1.73 yield for ily. ester, and I have met with folks who every dollar spent. Generally, the What frustrates me is that I have are literally depressed. These are peo- State governments return $1.38 on heard these deficit and debt numbers ple who have worked their whole life— every dollar spent. That is why I have serve as an excuse for not passing an guys who started their first paper cosponsored a bill with my friend from extension of unemployment benefits. route when they were 9 years old, who Ohio, Senator BROWN, to deliver aid to We have been unable to get cloture on took pride in doing their job, even States. The Local Jobs for America Act these extensions, despite spending when it meant going out on a 30-below- could save 1 million public sector weeks of the Senate’s time on this zero winter morning in Minnesota, and jobs—the jobs of teachers, firefighters, matter and despite numerous attempts. they have been working ever since. police officers, childcare workers. Opponents say our deficits must be Work is an enormous part of their iden- Of course, increased investment in addressed, our debt cannot grow any tity. These Minnesotans don’t want an our Nation’s infrastructure yields $1.59 larger, we have to draw a line in the unemployment check, they want work. for every dollar spent. Infrastructure sand and insist these benefits be fully Still, I have had a number of them spending repairs our crumbling bridges paid for. come and say to me: You know, if it and roads to keep us competitive in the This is troubling to me for two rea- weren’t for my unemployment insur- global marketplace. We could build our sons. First, because these deficits are ance, I wouldn’t be in my house. way out of this crisis just as we did not new. Many of my colleagues seem One of my constituents wrote to me after World War II with our interstate to have suddenly become aware of and said: highway system. The 21st-century them only a year and a half ago. I was employed for 23 years since college version of the interstate highway sys- More importantly, I am troubled be- graduation and now am in need of extended tem is our broadband network. Com- cause one of the biggest threats to our unemployment benefits as the economy merce is now highly dependent not just

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.066 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5838 CONGRESSIONAL RECORD — SENATE July 14, 2010 on bridges and roads but on efficient Some may note this little negative pressive growth rate of the previous 4 communications. bar at the end. That is primarily the years—it grew 11 percent in 1934, 9 per- There is no small irony in the fact result of losing some temporary census cent in 1935, 13 percent in 1936, 5 per- that we have fallen behind other coun- jobs. But if we look at only the private cent in 1937—came to a screeching halt, tries in our access to the Internet, a sector, we actually saw a net increase and the economy took another dive. technology created by U.S. Govern- of jobs in June. Imagine what this The unemployment rolls increased by 5 ment research dollars, and one which would look like without the Recovery million people, up to 19 percent. The itself created so much wealth in the Act. Last month, the CBO estimated economy shrank by 3.4 percent in 1938, United States and around the world. that the Recovery Act has increased and the country’s remaining economic The Recovery Act has already invested the number of people employed from 1.2 indicators remained low until the be- $85 million in grants and $32 million in to 2.8 million. It is the view of many ginning of World War II. loans to expand broadband coverage in economists that but for the Recovery We shouldn’t make the same mistake Minnesota. That is a good thing be- Act we would have slipped into a de- twice. We should continue investing in cause the more parts of this country pression. In that case, our deficit would our future instead. But some col- we can reach with the broadband net- actually be a lot higher than it is leagues are skeptical of this approach work, the more people in our country today because that is what happens and talk about the United States as if who will be engaged in trade and in our during a depression. we were Greece. economy. Let’s remember what was in the Re- Let me be clear: We are not Greece. If This expansion can also help reduce covery Act. Roughly one-third went to we were to take a look at interest rates our Nation’s other deficit—the trade State governments, roughly one-third on the U.S. Treasury bonds, we would deficit. The President’s export initia- went to tax cuts for 95 percent of see that a 10-year Treasury bond is tive, along with improving exchange Americans, and roughly one-third went yielding just about 3 percent in inter- rates and local economic growth, can for infrastructure. Many of these est. That is the market’s pricing. If the contribute to boosting our exports, and projects are now coming online. market really thought U.S. Treasurys that means more jobs, more growth, I travel all over my State, and I talk were risky, the market would demand and reduced budget deficits. Our coun- to mayors and city planners and coun- more than 3.09 percent interest on a 10- try has plenty to offer, especially as ty commissioners—as I know the Pre- year Treasury. countries throughout the world transi- siding Officer does in his State of Alas- The market says we are not Greece. tion to green economies. ka—and I talk to small business own- Yet the threat from taking some of the In my home State, a National ers. Usually, I don’t know, nor do I par- measures Greece has recently taken is Science Foundation grant helped the ticularly care, which political party very real. Cutting back on spending University of Minnesota develop a they belong to. Almost invariably they now will jeopardize our economy and technological breakthrough that will thank me for stimulus funds that fi- could push us into a double-dip reces- lead to an ultra-efficient solar cell. nanced the repair of an aging waste- sion. That would drive up unemploy- These cells can produce 60 percent water plant or some officers or teach- ment even more, drive small businesses more energy. We shouldn’t be import- under, and stop us from growing out of ers or funding for worker training or a ing Chinese solar panels. We should be the deficits we all want to eliminate. home foreclosure counseling program using this technology to develop our Growing our economy is how we have own, for our own use and for export. that prevented homes from going into come out of far worse deficits in the But all these things—unemployment foreclosure, saving their communities past. At the end of World War II, our benefits, infrastructure, research—cost money. Yes, local and State Repub- budget deficits had reached over 30 per- money. They all require spending. lican officeholders and small business- cent of our GDP, but we grew out of it. Some of my colleagues seem to think men thank me for the Recovery Act, a Today, it is just over 10 percent of our that long-term deficit reduction and lot, and I wasn’t even here to vote for GDP. After World War II, the publicly short-term spending are somehow in- it. Still, they thank me. And you know held debt was 109 percent of GDP, com- compatible. Take for example the Re- what. After they thank me, they say: pared to OMB’s projection that we will covery Act. Yes, it added to our short- More. They ask for more. be at 64 percent by the end of this year. We have an economic crisis on our term deficit—perhaps. But imagine We grew ourselves out of it, and we can hands. Congress should be making in- where our economy would be now if we do it again. hadn’t enacted it. vestments that provide the highest re- Destimulating our economy at this I know some of my colleagues will turns on investment that can be at the fragile moment is simply not wise. say: Well, the stimulus package was a same time stimulative to our economy. Don’t take my word for it. Burton failure. The President said unemploy- Now is not the time to stop investing. Malkiel, a member of President Ford’s ment would hit 8 percent if we didn’t Short-term shocks to the system will Council of Economic Advisers, said in enact the stimulus package, and unem- impair our economic recovery. We 2003: ployment has been nearly 10 percent should simultaneously be looking for If there is any time in which one ought to for months. Well, yes, but there are a long-term budgetary solutions while have a deficit it is a time where there is eco- couple of possibilities. Either the stim- continuing to invest in our recovering nomic slack and a job market that is not re- ulus package was a failure or the reces- economy. These are not incompatible. covering. sion left by the Bush administration In fact, I believe it is necessary to do Manuel Johnson, one of President was even worse than his advisers both. Reagan’s Assistant Treasury Secre- thought it was when President Obama If we don’t, we risk seeing a repeat of taries, said he didn’t think short-term said that. what happened in 1937. Our country had deficits have much to do with the When President Bush left office, we been making great strides toward a full economy’s performance. And Reagan’s were bleeding jobs. We lost about economic recovery. Production was up, Chief Economic Adviser, Martin Feld- 800,000 jobs in that last month of the wages were up, unemployment had stein, who was also one of our most dis- Bush administration, about 750,000 the come down from over 25 percent when tinguished conservative academics, first month of President Obama’s ad- Roosevelt took office to 14 percent in was one of the strongest voices for ro- ministration. We lost 4.4 million jobs 1937. So after his landslide election in bust stimulus legislation last year. in Bush’s final year in office. Yet with 1936, President Roosevelt, upon the ad- Let’s keep going. Michael Boskin, ad- the Recovery Act, the President has vice of his Treasury Secretary, de- viser to President George H.W. Bush, been able to turn the economy around clared the depression over. said: and immediately stem the growing His Treasury Secretary, Henry The notion that deficits are bad is way too losses. The numbers of jobs lost got Morganthau, was getting uneasy about narrow. Deficits can be a serious problem smaller and smaller each month. This the long stream of deficits they had over the medium and long term. There are year we have had 5 straight months of been running. To reverse course, they times it is good to see the deficit worsen or growth, and we have created 882,000 net cut Federal recovery program spending the surplus turn into a deficit. jobs this year. Does anybody see a and raised taxes. This decision proved And he means those times—he means trend line? to be premature. The economy’s im- during an economic downturn.

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.067 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5839 The chair of President George W. longer term budget effects are tiny in our health care system. These are Bush’s Council of Economic Advisers, when compared to its effectiveness in CBO numbers, the same CBO whose Gregory Mankiw, said: keeping us from falling into another numbers I quoted earlier about the It is a textbook principle of prudent fiscal Great Depression. And when compared alarming size of projected future defi- policy that deficits are an appropriate re- to this yellowish-orange block, the cits if we take no action; the exact sponse in times of war and recession. block responsible for over $7 trillion in same alarming numbers my friends on Earlier, I mentioned one of Senator debt over this 10-year period, these are the other side of the aisle quoted. They MCCAIN’s campaign advisers, Mark the Bush-era tax cuts which were are quoting CBO. If you want to rely on Zandi. He said that it is typical to run passed without being paid for. This those CBO numbers, then CBO numbers large deficits during a recession and block is the result of an experiment in are what we must rely on to score the true problem is persistent large economic theory. I think the record is health reform. deficits. clear that the experiment failed. But I strongly support the health care re- To my colleagues who refuse to enact no matter what you think of the effect form bill we passed and am optimistic anything that adds a penny to the def- of that policy choice on our economy, about the positive changes it will bring icit, what else can I say to convince you cannot deny the effect of that pol- to the lives of millions of Americans, you? Short-term deficits during a re- icy choice on our deficit because here including bringing down our deficit. cession are acceptable. In fact, many of it is, in yellowish-orange. Let’s look at our tax policy. As re- the conservative economists advising So when my colleagues come down cently as 1980, the top bracket for the Republican Presidents or Presidential here to rail against the Recovery Act, very wealthy in this country was 70 candidates have said they are prudent to blame the Recovery Act for increas- percent, and for two decades prior to and even good. When we distinguish being the deficit, I guess it can be tech- that, the wealthiest Americans had in- tween short- and long-term deficits, we nically accurate—a little bit of the come tax rates between 70 and 90-some start to paint a very different picture. blame, this much, maybe a centimeter, percent. Today, it is 35 percent. These I don’t want anyone to hear me as that goes to the Recovery Act, even declining rates on the wealthiest saying we should just spend, spend, though it very possibly kept us from Americans mean that more tax revenue spend. Everyone agrees we are on a slipping into a second Great Depres- is coming from middle-income earners. track that is unsustainable. Without sion, in which case deficits would have This is during a period when the gap significant changes to policy, the Cen- been much larger. But I also want the between those at the top and those in ter on Policy and Budget Priorities American people to have a sense of how the middle has grown substantially. projects that our national debt could much of the blame should go to the Re- On top of that, we have allowed the grow to 300 percent of GDP over the covery Act and how much of it belongs estate tax to expire completely in 2010. next 40 years. That is almost three elsewhere, and I think you see it. This is a tax that affects less than one- times as large as the post-World War II This chart gives you a good idea of half of 1 percent of all Americans. My level. The problem must be addressed where all the debt came from. As you colleagues across the aisle will argue with a careful, measured, and multi- can see, the debt accelerates upward that the estate tax punishes the most faceted approach, the same approach with President Reagan and President productive members of our society, the that balanced our budget just 10 years George H.W. Bush. It smooths out children of the extremely wealthy. ago. under Bill Clinton. And then it spikes, This gift to our most fortunate sons As you can see, here in 2000 we were it skyrockets under George W. Bush, as and daughters cost the rest of us $14 running a surplus of $200 billion and we I mentioned before. President Obama billion this year alone. That tab for were headed down the path to elimi- was left with a projected $1.2 trillion that $14 billion in lost revenues from nating completely the publicly held deficit in his first year in office. How- America’s multimillionaires and bil- debt. In fact, our debt could have been ever, even though this massive debt lionaires will be passed to all of our kids—not just the $14 billion but the paid off today, by today, if no changes was handed over to us by our last interest on it as well. had been made to Federal spending pol- President, it does not diminish our re- I think Teddy Roosevelt put it the icy. But President Bush and Congress sponsibility to address it. best. He said: did make changes when they took over I am glad to see that so many of my colleagues also appreciate the serious- The man of great wealth owes a particular in 2001, such as passing massive tax obligation to the state because he derives cuts for the wealthy. As a result, our ness of this responsibility and some are special advantages from the mere existence national debt more than doubled under proposing commonsense solutions to of government. President Bush. bring these long-term deficits under Those who want to eliminate the es- In January 2009, when President control. We took a major step earlier tate tax understandably don’t put the Obama was just taking office, CBO es- this year by passing comprehensive children of the incredibly wealthy in timated that he was left with a $1.2 health care reform. Health care costs their campaign literature. Instead, trillion deficit for the fiscal year and were the No. 1 factor contributing to they talk about family farmers, as if the residual effects of ill-advised eco- long-term government deficits. The family farms have been lost to the es- nomic policies. cost curve on those were out of control. tate tax. Yet according to the New Let’s take a look at this chart which Under previous policies, the costs of York Times, the American Farm Bu- shows our current 10-year budget out- Medicare and Medicaid would have gob- reau Federation was unable to name look. As you can see, the Center on bled up a third of the total Federal one family farm lost because of the es- Budget and Policy Priorities projects budget by 2030. But health care reform tate tax. there will be five major contributors to included reforms such as the value Opponents of the tax insinuate that the deficit in 2019. The one that is obvi- index that will finally provide incen- it is impossible to design a policy that ously least under our control is the tives for providing high-quality care at continues to protect the family farms economic downturn. It is the red. Then a lower cost, as we do in Minnesota, in- that might be even slightly affected. there are the wars in Iraq and Afghani- stead of providing the most expensive Yet it is, of course, quite possible to do stan. That is the green. That propor- care possible without regard to out- that. I cosponsored a reasonable ap- tion is pretty substantial. But here is comes. proach to estate tax reform offered by this little blue, kind of turquois line. This legislation alone will have an Senator SANDERS, HARKIN, and That little thing is the Recovery Act. enormous impact on the long-term def- WHITEHOUSE. It retains the 2009 exemp- This is legislation that is targeted over icit. The CBO estimates it will bring tion limits—$3.5 million per person and and over for being such a huge contrib- down the deficit by $143 billion in the $7 million per couple—with a progres- utor to our deficit. This sliver is what first 10 years and even more in the fol- sive, tiered structure so that the so many of our colleagues complain lowing decade. That is hundreds of bil- ultrawealthy pay more. And, yes, it about, that one. Most of its contribu- lions of dollars, and that doesn’t even makes provisions for family farms. tion to the deficit is clustered right include the reduction of private costs This proposal will help ease the bur- here in the first 2 years when the econ- to families that will result from the den of middle-class families who are omy most needed a boost, but its improvements in the overall efficiency now expected to close the budget gap.

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.068 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5840 CONGRESSIONAL RECORD — SENATE July 14, 2010 Working families are also on the We are all agreed that the current lous mortgage lenders and the offices hook for the corporate welfare that is path forward is unsustainable. But we of pay-for-hire credit rating agencies, compounding the national debt. Our differ on what changes need to be in the headquarters of sluggish regu- tax system is riddled with loopholes so made. It is economically unsound, and lators, and then vastly expanded in its corporations can escape liability by potentially dangerous, to require that negative impact in the boardrooms of shifting operations overseas. In fact, all spending be offset while we are still Wall Street financial firms. corporations are often actually re- recovering from a recession, reeling The financial crisis they all helped warded for sending jobs overseas by our from nearly 10 percent unemployment create has cost millions of Americans tax system. That has to stop. rates, and looking for ways to temper their jobs, their homes, and their fi- There is something even more offen- the jobs deficit of 12 million workers. nancial security. It has endangered sive. If BP is taken to court because of We are putting our economy back at businesses large and small. It con- their negligence in this oilspill and a risk just when it is finally turning a tinues to weigh down our economy judge finds they owe punitive damages, corner. Nobel Prize-winning economist today. It required trillions of dollars of those punitive damages can be de- Joseph Stiglitz has warned that the up- government aid just to keep the crisis ducted as a business expense. Why do coming phase-out of Recovery Act from sliding into a depression. we allow these oil giants that earned spending and State and local spending Addressing the causes of this crisis, hundreds of billions of dollars in profits cutbacks are likely to exert further in an effort to ensure that it is not rein the past decade to deduct punitive downward pressure on the economy. peated, is our very serious obligation. damages from the taxes they should Our working and middle classes are We now have before us, months in the pay? And that is if they pay taxes at still struggling, and they continue to making, something that constitutes all. ExxonMobil did not pay any taxes need our help. We can help them by ex- our best efforts to carry out that obli- last year. Despite its $45 billion profit, tending unemployment insurance and gation. The legislation before us con- it paid no income tax. COBRA subsidies for those who lost a tains many important provisions. I do not bring this up to inspire anger job through no fault of their own. We But it is, in sum, an attempt to build at corporations. I bring it up because can retain vital nutrition assistance a firewall between the worst high-risk these loopholes and allowances create programs in the Recovery Act to make excesses of Wall Street on the one hand revenue shortfalls. Revenue shortfalls sure kids do not go hungry. And we can and the jobs and homes and futures of equal deficits, unless they are shifted make investments in renewing our Na- ordinary Americans on the other. I onto the backs of middle-class families. tion’s infrastructure. strongly support the Dodd-Frank bill But we would be remiss to go after These are not government hand-outs, and encourage our colleagues to do the these big oil companies without also these are the most effective ways to same. tackling our own spending problems. get our economy going again and con- Senator DODD spoke at some length a Secretary Gates has led the way in ex- tributing to our economic recovery. few minutes ago about this bill. He said plaining how we can, and must, achieve Without these measures, we risk slip- that he cannot legislate integrity, wis- savings in the defense budget. While ping back into a recession. And as I dom, passion, or competency. That is nothing is more important than the de- have noted, recessions directly con- surely true. But without Senator fense of our Nation, national security tribute to long-term deficits. DODD’s integrity, wisdom, passion, and is not well-served by unnecessary, in- I encourage my colleagues to join competency, we would not be where we credibly expensive weapons programs. with me in standing up to the rhetoric are today, on the threshold of making Nor are we well-served by programs that all spending is created equal. I en- a generationally important reform of that come in late, and way over budg- courage my colleagues to show compas- the financial community. et. sion toward those still out of work. I Senator DODD made reference to the Secretary of Defense Gates recently encourage my colleagues to support Permanent Subcommittee on Inves- quoted his predecessor, Secretary spending programs that will help us tigations, and the investigations which Rumsfeld, who said it best: ‘‘A person emerge from this downturn. And I en- we held into the financial crisis. I have employed in a redundant task is one courage my colleagues to join forces in seen up close and personal and in detail who could be countering terrorism or coming up with new ways to tackle our the worst of those excesses. Our col- nuclear proliferation. Every dollar long-term deficits because they mat- leagues on the subcommittee, includ- squandered on waste is one denied to ter. ing my ranking member, Senator the warfighter.’’ That was Secretary We face enormous economic prob- COBURN, my very active member on Rumsfeld on September 10, 2001. lems: the short-term economic crisis that subcommittee, Senator KAUFMAN, Our national security priorities must and the long-term deficit. But we also and others, we saw these excesses in be matched to our real defense prior- face a seemingly intractable political four different hearings. ities in the 21 century, not dictated by problem. As long as this body refuses For over almost a year and a half, expensive weapons systems that are to face up to the simple facts about our subcommittee devoted our re- only benefiting the bottom line of big where our deficits came from and what sources to examining some of the defense contractors. we need to do to solve them, as long as causes and consequences of the finan- These are all things that we can do we turn a blind eye to the simple facts cial crisis. We issued dozens of sub- to bring down long-term deficits. about what will get us out of this poenas. We examined millions of pages We urgently need bipartisan solu- major downturn we will be unable to of documents. We conducted over 100 tions. One idea that I have supported, a reach the solutions demanded by these interviews. We took more than 30 hours deficit reduction commission, was pro- problems and deserved by the Amer- of testimony during those four public posed by Senators CONRAD and GREGG. ican people. hearings. This commission would make rec- Simply put, if we do not face facts, Those hearings focused on the prac- ommendations that would then come we can not do our jobs. And that would tices of risky mortgage lenders, using up for an up-or-down vote by Congress. leave this country in serious trouble. Washington Mutual, WaMu, as a case That proposal failed, despite its broad I yield the floor. history. We focused in the second hear- bipartisan support. The commission The PRESIDING OFFICER. The Sen- ing on the failures of the regulators to was ultimately supported by more on ator from Michigan. rein in WaMu’s risky practices, in a this side of the aisle than by those f third hearing on the inaccurate risk as- across it, including those who cospon- sessments of credit rating agencies, sored the original bill and then voted FINANCIAL REGULATORY REFORM and then in the fourth hearing on the against it when it came up as an Mr. LEVIN. Mr. President, roughly 2 egregious practices of some Wall Street amendment. I am curious what changes years ago, our Nation suffered a catas- investment banks using, as a case his- could be made to such a proposal for it trophe. It was not a hurricane or an tory, Goldman Sachs. to attract more support. I welcome earthquake. It was no act of God. It In each of those hearings, we learned working with my colleagues across the was a man-made disaster, manufac- important facts about how the finan- aisle to find such an approach. tured in the boiler rooms of unscrupu- cial industry and those tasked with

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.069 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5841 overseeing it failed in their obliga- heed to the problems uncovered in our that fail to thoroughly investigate tions, plunging the Nation into crisis hearings and take the steps needed to products they rate. and a deep recession. I want to set out protect our mortgage markets from fu- The bill also tasks the SEC with ex- how the legislation before us addresses ture abuses. amining the clear conflict of interest many of the lessons we learned in the WaMu might not have been able to involved in Wall Street firms shopping subcommittee’s investigation. engage in its worst practices for as for the highest rating among the var- Our hearings began with a case study long as it did had it been confronted by ious rating agencies. I am hopeful, at of Washington Mutual Bank, a $300 bil- Federal regulators. Instead, our inves- the end of the study, the SEC will lion Seattle-based thrift, that, thanks tigation found that the Office of Thrift adopt the approach taken in the to its reckless lending, became the Supervision, WaMu’s primary regu- Franken amendment that won bipar- largest bank failure in America’s his- lators, was more a lapdog than a tisan support in the Senate, and estab- tory. In the pursuit of higher and high- watchdog. Repeatedly its examiners lish an intermediary that will separate er profits, WaMu’s management turned identified enormous problems with the the credit-rating firms from the invest- its focus from traditional mortgage bank’s lending and securitization oper- ment banks that press them for high lending to high-risk subprime and ad- ation. Yet higher-ups in the Office of ratings in return for lucrative com- justable-rate mortgage loans. Thrift Supervision failed to take ap- pensation. As part of their work, I hope In doing so, it engaged in practices propriate action. When the Federal De- the SEC will take an in-depth look at that endangered the bank, its bor- posit Insurance Corporation sought to the documents and testimony in our rowers, and the economy at large. It address the obvious problems in WaMu, subcommittee hearings that laid bear sold loans to borrowers that it knew or the Office of Thrift Supervision, OTS, the conflicts of interest that under- should have known would be unable to erected roadblocks that prevented ac- mine the accuracy of credit ratings. repay. It paid its salespeople more if tion. Wall Street investment banks also they sold higher risk loans, with higher Documents show that the head of played the major role in the crisis. interest rates or other terms that made OTS referred to Washington Mutual as Seeking ever higher profits, they ag- them more difficult to repay. their agency’s constituent, perhaps re- gressively marketed the mortgage- Internal audits repeatedly found high flecting an awareness that the coun- backed securities and exotic deriva- levels of fraud and abuse in the bank’s try’s largest thrift was also the OTS’s tives tied to the mortgage market that loans. But business continued as usual. largest single source of funding. were at the heart of the crisis. Increas- WaMu then dumped these risky loans I am also afraid that comment call- ingly, those banks drew their profits into the financial system, selling them ing Washington Mutual a constituent not from helping client investors pros- or packaging them into mortgage- of its regulatory agency also ignored per but by trading for their own ac- backed securities that Wall Street ea- the obligation that should result from counts, often in direct conflict with gerly scooped up, flooding the stream an agency being a fiduciary whose con- their clients’ interests. Internal e- of commerce with toxic assets like a stituents are not the people they regu- mails that the subcommittee disclosed polluter dumping poison into a river. late but are the people of the United showed Goldman Sachs repeatedly WaMu collapsed in 2008, leaving be- States of America. marketed mortgage-related financial Clearly, OTS has outlived its useful- hind a trail of shattered homeowners instruments that it created and knew ness, and the legislation before us dis- and investors. Its case history was em- to be faulty, junk, and worse. After it solves the OTS. In addition, a new Fi- blematic of a whole host of irrespon- did so, it then made the large bets nancial Stability Oversight Council sible mortgage lenders that loaded up against those very same instruments. will have broad authority to monitor our mortgage markets with toxic secu- Our investigation also showed Goldman individual financial institutions as rities. Sachs made a large bet that the mort- The legislation before us does much well as the system at large to catch gage market as a whole was headed to address these problems. A consumer problem institutions such as WaMu and down, a bet it denies to this very day financial protection bureau will bring problematic practices such as high risk that it made, despite a mountain of new scrutiny to the practices of finan- lending before they endanger the finan- evidence contained in the firm’s own cial companies, providing important cial system as a whole. documents that it did so. oversight that can end the kind of abu- Credit-rating agencies also failed With Senator MERKLEY, I worked to sive and even fraudulent practices used their essential role in this crisis. Our address the outrageous conflicts of in- by WaMu and other mortgage lenders. investigation found these agencies, Other provisions will require those which supposedly supply expert and ob- terest revealed in our hearings on in- who create mortgage-backed securi- jective analysis of credit risk, used vestment banks. The Dodd-Frank bill ties, such as WaMu, and the invest- faulty risk models and assigned super- makes important progress on this ment banks it used, to retain a portion safe AAA ratings to products later re- front. It sharply limits the risky proof the risk of securities that are backed vealed to be little better than junk. prietary trading that Goldman Sachs by those high-risk loans, such as Paid by the Wall Street firms whose and other Wall Street firms used to subprime mortgages or option ARMs so products they were supposed to objec- rack up enormous profits while endan- that securitizers will not be able to off- tively assess, they sought market gering the stability of the financial load all that risk onto the market and share by working with these firms to system. walk away from the losses that occur ensure the high ratings needed to sell While I wish the bill was more force- down the road. risky products to risk-averse investors ful in limiting these risky trades, espe- Still another set of provisions in this such as pension funds and university cially in terms of limiting financial bill ban so-called liar loans, which al- endowments. They failed to account for firm investments in hedge funds and lowed WaMu and others to sell loans overwhelming evidence that fraud was private equity funds, the language in without any documentation of a bor- a major factor in a growing number of this bill will add substantial strength rower’s income or ability to repay. mortgage loans. to the stability of the financial system. The bill also prohibits the practice of The Dodd-Frank bill sets up a new of- In addition, the bill includes lan- paying salespeople more for gouging fice in the Securities and Exchange guage to end the conflicts of interest homeowners with higher rates or other Commission to oversee and examine revealed in our investigation of Gold- terms that make loans harder to repay. the work of the credit-rating agencies. man Sachs. No longer will financial Each of those reforms addresses crit- I pay tribute, by the way, to Senator firms be able to package and sell asset- ical problems exposed in our sub- FRANKEN for the work he did in this backed products to investors and then committee’s hearings, which helped to area in the amendment he offered to bet against those same products. Those build the legislative history supporting the Senate. The Dodd-Frank bill re- conflicts of interest will end, unless the the need for this bill. quires the agencies to disclose their regulators water down our strong lan- Most of the reforms also require im- methodology and their track records. guage with weak enforcement. plementing regulations. I hope that It allows investors to file private The Dodd-Frank bill contains other those writing the regulations will pay causes of action against such agencies much needed measures as well. It will

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.070 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5842 CONGRESSIONAL RECORD — SENATE July 14, 2010 bring new transparency and account- be strengthened, take responsibility, date is the action-driving mechanism ability to the shadowy market in de- primarily, for the security of the coun- to demonstrate to the Afghans the ur- rivatives. It will protect taxpayers try, and lead operations which are gency of acting to get their army up to from the need to engage in the kind of joint operations between the Afghan the size and capability where they can multibillion-dollar bailouts required in Army and the coalition forces, includ- succeed in the mission so vital to them the current crisis by allowing for an oring American forces. and to us—securing their country derly resolution of failing financial That will be dramatized, that move- against the Taliban. firms. It empowers regulators to estab- ment towards the shift of responsi- A number of steps have been taken in lish tough new capital requirements bility to the Afghans, where it belongs. the last 6 months toward achieving that make it harder for firms to be- A dramatic moment is going to take that goal. come so big they endanger the stability place later in July or early in August First, recruitment for the ANA is up, of the system. It requires hedge funds when, in a major operation in the area partly because, according to General to register with the SEC and provide around Kandahar city, right in the Caldwell, who leads the ISAF training information about their once-hidden heart of Taliban country, there is mission, the announcement of the July operations. It also strengthens the going to be a large number of forces 2011 date last December incentivized process for shareholders to select cor- that are Afghan forces, a large number the Afghan leaders to act to stimulate porate directors and to limit excessive of American forces, and from other recruitment. executive pay. countries, and it will be the Afghans Second, the Afghan army has grown We have seen all too clearly the con- who will be in the lead in that oper- very quickly, exceeding the goals. Last sequences of lax regulation and tepid ation. December the army had 100,000 men; by oversight, the consequences of assum- This is the Taliban’s worst night- May the number was 125,000; and Min- ing that Wall Street can police itself. mare: facing an Afghan-led force that ister of Defense Wardak said he expects That attitude has put millions of is going to clear them from control of to announce that the end of September Americans in unemployment lines, has the area. The Afghan people detest the 2010 goal of 134,000 will be met by the plastered foreclosure signs on millions Taliban, and they respect their own time of the Kabul conference in late of American homes, and has pumped army. And our major goal and mission July. billions of dollars of taxpayer money should be to build up that army, Third, the ratio of ISAF forces to Af- into Wall Street firms that happily strengthen it sizewise and with equip- ghan forces is improving in terms of profited from their risky bets and then ment and training so it can take major Afghans becoming numerically domi- leaned on the rest of us to bail them security responsibility for that coun- nant. When I was with our marines in out when the bill came due. try. This is the path to success in Af- Helmand Province in January, there I say to those colleagues who are ghanistan. were two or three marines for each Af- considering voting against this bill: Again, because of this planned oper- ghan soldier. In Kandahar Province, Knowing what our investigation and ation, which is now announced, and be- where Senator REED and I visited last others have discovered, how can you cause of a number of other steps which week, the ratio is about one to one and oppose this effort to erect a wall be- have been taken—a very significant by September it will be predominantly tween Wall Street’s never-ending appe- number of positive steps in the last 6 Afghan. tite for reckless risk and the rest of the months—I have some confidence we are Fourth, the partnering in the field American economy? on the way to a successful outcome in between the ANA and ISAF is real. It is time to put the cop back on the Afghanistan. Every Afghan unit from battalion down beat on Wall Street. It is time to end Afghanistan has made progress in a to company level is now planning and Wall Street’s ‘‘heads we win, tails you number of ways since my visit there in operating together with ISAF units. lose’’ game. It is time to prevent as January. This has the twin benefits of training best we can the next manmade disaster The progress I refer to is toward the Afghan troops and having the Afghan threatening our jobs, our homes, and key goal of preventing Afghanistan people see that it is their respected our businesses. It is time to pass this from being dominated by a Taliban or- army that they want to provide the se- major financial reform legislation, and ganization that would once again pro- curity which is doing that, rather than I hope we will see a strong vote for it vide a haven for the international ter- foreign troops which have less under- in the day ahead. rorist movement, al-Qaida. standing of their culture and will f To achieve that goal, Afghanistan someday leave. must be able to take principal respon- Fifth, and central to the success of PAKISTAN AND AFGHANISTAN sibility for its own security. We and the mission of Afghans being principal TRIP other outsiders cannot secure Afghani- providers of security, is the fact that Mr. LEVIN. Mr. President, I rise to stan, but we can help the Afghan secu- Afghan troops are more and more in speak about a trip Senator JACK REED rity forces do so. the lead in joint operations. A highly and I recently took to Pakistan and Af- The building blocks to achieve that significant event will take place at the ghanistan. In Pakistan, we met with goal are present. The Afghan National end of July and early August. A major the Prime Minister, the Governor of Army, ANA, is respected by the people joint ANA-ISAF operation will move the critical northern province that in- and the Taliban is despised and feared into the Taliban heartland of the cludes the Swat Valley, the Pakistani because of the terror they spread and Arghandab Valley, just west of general who is commander of their threaten. Kandahar city. Approximately 10,000 Army’s 11th Corps. In Afghanistan, we A capable, strong, large Afghan troops—the Afghan 205th Corps with met in Kabul with General Petraeus, Army is the Taliban’s worst nightmare 5,160 soldiers and ISAF with 4,430 sol- with Ambassador Eikenberry, with because it means that the Taliban’s diers—will clear the area of insurgents. President Karzai, with many of his propaganda that foreigners seek to The planning is complete and the or- ministers. dominate Afghanistan rings hollow. ders signed. It is a major, incredibly Then, in Afghanistan, we traveled to This is particularly true when Afghan important effort and, of great signifi- Kandahar Province, where we met with troops are in the lead in joint oper- cance, the Afghans will be in the lead. General Carter, who is the commander ations with the troops of ISAF. The significance of this will not be of the ISAF forces, the Kandahar Gov- That is why I believed we should lost on the Afghan people, nor on the ernor and the city mayor of Kandahar. have focused on training and equipping Taliban. Then we met with the commander of the ANA, why we should have sent in Kandahar Province is where the the Afghan Army’s 205th Corps, Major trainers and mentors instead of send- Taliban movement was born. Months of General Zazai. ing in more combat troops. That is why effort have been extended to ‘‘shape’’ One of the key things we saw, and when President Obama decided to send the upcoming effort. The city of something which is critically impor- in 30,000 more U.S. troops, I strongly Kandahar and its environs are being se- tant to the success of this mission in supported the decision to begin to re- cured at the cost of many lives—both Afghanistan, is that the Afghan Army duce those troops in July of 2011. That Afghan and coalition forces—so as to

VerDate Mar 15 2010 03:02 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.075 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5843 prevent additional insurgents from re- Two of those groups are the Haqqani than anything else, on the rapid inforcing the Arghandab region. network in the North Waziristan area growth and capability of the one na- This will not be just a clearing oper- of the federally administered tribal tionally respected institution, the ation. area, FATA, across the border from ANA, the continuing failure of NATO It will be a clear and hold operation, eastern Afghanistan, and the home of allies to fill the shortfall of perhaps with Afghan National Police, ANP, and the Afghan Taliban in Quetta, just 2,000 trainers for partnering in the field the Afghan National Civil Order Police, across the border from Kandahar. with Afghan Army and police, so-called ANCOP, doing the holding with the Af- The State Department maintains a operational mentoring and liaison ghan National Army and coalition list of foreign terrorist groups. The teams, OMLTs, and police operational military police. State Department has said it is cur- mentoring and liaison teams, POMLTs, As the Commandant of the Marine rently considering adding the Paki- is inexcusable. Corps, General Conway, said: stani Taliban to that list. In my view, Many of our allies, notably the Brits, To have American Marines standing on a the Haqqani network has also long be- Canadians, Australians, Poles, Danes, corner in a key village isn’t nearly as effec- longed on that list. We would not tol- and Georgians have been most admi- tive as having an Afghan policeman or Af- erate such groups attacking us from a rable in their efforts. But too many ghan soldier. neighboring country. Pakistan’s failure NATO allies have failed to make com- The key to success of a counterinsur- to attack them, knowing full well, as mitments or carry out commitments so gency effort, which is aimed at pro- they do, the location of their head- important to the success of the first tecting the people, is winning the sup- quarters in Miranshah and Quetta, is NATO out-of-area combat mission. port of those people. A significant sign also intolerable. Continuing pressure on the laggard al- of progress in this respect is that the A second threat to the success of our lies shouldn’t be needed—but it is. tips needed about the whereabouts of Afghan mission is the failure of the Af- The success of the Afghan mission ul- the Taliban, so essential to defeating ghan Government to provide noncor- timately depends on a political settle- them, are coming into the coalition in rupt, effective government to their ment. An approach to the reintegration vastly increasing numbers. An ISAF people. This has been the subject of of those lower level insurgents who can Strategic Assessment report indicates much concern. President Karzai’s ad- be reintegrated, and the reconciliation that there has been increased reporting ministration and international action with those groups that are not irrecon- by local Afghans on the locations of on the civilian government side are be- cilable, is underway. The Afghan Gov- IEDs and weapons caches, resulting in ginning to stir into long overdue ac- ernment is leading that effort also, as, a higher ratio of finds/turn-ins to ex- tion. of course, it must. While our views and plosions. The number of U.S. Government ci- experiences in this regard are surely Sixth, the equipping of the Afghan vilians in Afghanistan has tripled since relevant, a brilliant British general Army is beginning to happen. We au- 2009, with a greater percentage in the leading the ISAF effort in Kandahar re- thorized the transfer of equipment field outside Kabul. minded us of what T.E. Lawrence said from Iraq to Afghanistan for the ANA A third threat to the success of the to the British over 100 years ago in a instead of bringing all that equipment Afghan mission is the undiminished similar situation in a place that is not back to the United States. We learned power of warlords and power brokers too far distant from Afghanistan: that 800 of 1,600 up-armored humvees and the so-called private security con- Do not try to do much with your own have arrived in Afghanistan and the tractors, paid with U.S. taxpayer dol- hands. Better (they) do it tolerably than you rest will soon arrive. lars, who are engaged in bribes and per- do it perfectly. It is their war and you are to There are other reasons for opti- verse, blatant racketeering and rip- help them, not to win it for them. Actually, mism. We met with the Governor of offs. also, under the very odd conditions (there), Kandahar Province and the mayor of General Rodriguez, commander, your practical work will not be as good as, perhaps, you think it is. the city of Kandahar. Their outspoken International Security Assistance opposition to the Taliban and the war- Force Joint Command and deputy com- Mr. President, I suggest the absence lords who have been in power and who mander, United States Forces—Afghan- of a quorum. The PRESIDING OFFICER. The recently assassinated the District Gov- istan, is determined to protect our con- clerk will call the roll. ernor of Arghandab remains strong and voys from the warlords and their thugs resolute. The assistant legislative clerk pro- who extort fees for safe passage and ceeded to call the roll. Those are some of the signs of often collaborate with the Taliban to progress, but it has come at great cost. Mr. LEVIN. Mr. President, I ask create the very threat of insecurity unanimous consent that the order for We have lost almost 1,200 of our brave they presumably are hired to guard troops in Afghanistan, and many times the quorum call be rescinded. against. The PRESIDING OFFICER. Without that number wounded. The cost to our The Afghan people hate and live in objection, it is so ordered. treasure has been high. The months fear of the power brokers and warlords. ahead will see more casualties, almost They corrupt the local police and are f all inflicted by IEDs. The strain on our one reason why there is little public ORDER OF PROCEDURE extraordinary troops and their families confidence in the local police. Mr. LEVIN. Mr. President, I ask and on the U.S. civilians in Afghani- Training of more and better local po- unanimous consent that on Thursday, stan is great. Despite the stress, their lice and the expansion of the Afghan July 15, following any leader time, the morale is high, and regardless of Civil Order Police, ANCOP, are hopeful Senate then resume consideration of whether one agrees with the mission in signs. But the combination of warlords the conference report to accompany Afghanistan, those men and women de- and power brokers operating in effec- H.R. 4173, with the time until 11 a.m. serve a tribute from all Americans. We tive league with private security con- equally divided and controlled between stand in awe of them. tractors, the Taliban, and an often cor- Senators DODD and SHELBY or their There are also significant threats to rupted local police, remain a signifi- designees; with the 20 minutes prior to the Afghan mission. cant threat to the Afghan mission’s 11 a.m. divided as follows: 5 minutes The first threat emanates from Paki- success. each in the following order: Senators stan. While Pakistan has taken steps The role of Afghan private security SHELBY, DODD, MCCONNELL, and REID; relatively recently to take on some contractors, who often have dev- that at 11 a.m. the Senate proceed to terrorist groups, and has done so at a astating connections to our enemies vote on the motion to invoke cloture real cost to the Pakistan Army, they and who rip off American tax payers, on the conference report. have not taken on a number of groups and who are facilitated by the failures The PRESIDING OFFICER. Without that use Pakistan as a safe haven, of U.S. contractors to adequately vet objection, it is so ordered. crossing the border into Afghanistan to and oversee their activities, will be the f attack Afghan and ISAF forces, or sup- subject of a forthcoming report of a plying and supporting those attacks Senate Armed Services investigation. MORNING BUSINESS and then returning to the Pakistan Fourth, because success of the Af- Mr. LEVIN. Mr. President, I ask safe haven. ghan mission depends, probably more unanimous consent that the Senate

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.019 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5844 CONGRESSIONAL RECORD — SENATE July 14, 2010 proceed to a period of morning business Senator Byrd once said, ‘‘The people I’m celebrating the first family reunion with with Senators permitted to speak for of Louisiana have the strength and the my eight children—and their children—from up to 10 minutes each. spirit to rebuild their homes and their across the country. My wife will join me at The PRESIDING OFFICER. Without communities. We owe them the support this event, and I will be prevented from attending the ceremony for my great friend, objection, it is so ordered. to get the job done.’’ He did not just Robert Byrd. f pay lipservice to the gulf coast. He de- I worked with Senator Byrd for my entire livered for us time and again, because 36 years in the Senate. Above all else, I found REMEMBERING SENATOR ROBERT he understood the importance of stand- him a man that one could trust implicitly. C. BYRD ing up for those who were hit so hard He and I both served on the Senate Appro- Ms. LANDRIEU. Mr. President, I rise by the tragic storms that battered the priations Committee for many years, where today to honor the memory of one of Louisiana coast. he was a strong advocate for his home state. the Senate’s giants, Robert C. Byrd. Senator Byrd was not just a col- He and I both supported local projects for our states and believed that ‘earmarks’ were My family and I were saddened to learn league who put his weight behind fight- not only legitimate, but part of the Sen- of his passing on Monday morning at ing for the gulf coast region. He was ator’s duty to his state. the age of 92. I will remember Senator also a walking encyclopedia of Senate When history is finally written of the Byrd as a fierce defender of the Con- history, and he was always willing to United States Senate there is little doubt in stitution, master of Senate procedure impart his vast knowledge to anyone my mind that he will go down as one of the and a proud fighter for West Virginia who wanted to learn about the legends greatest of all. He knew the rules and he and its rural heritage. Senator Byrd that walked these halls for more than played by them. He knew the issues and he fought for them. He understood America’s was more than just a colleague, he was two centuries before us. greatness and he heralded it. But most of all, a mentor. He taught me—and everyone When I was first sworn in as a U.S. he seemed to always remember the working who had the honor of serving with Senator, back in 1997, my entire family men and women of his state and this coun- him—never to apologize for standing came to Washington for the event. try. He will be missed. I must say thank you, up for your State. After it was over, I asked Senator Byrd Robert, for your friendship and all you did During more than a half century of if he would give my family—both for me and all of us. service in Congress, Senator Byrd gave adults and children—a history lesson f a voice to those who would not have on the Senate. He graciously obliged, FINANCIAL REGULATORY REFORM been heard otherwise. There are times and for 2 full hours spoke eloquently Mr. VOINOVICH. Mr. President, I when it is easy to get caught up in the and expertly on the history of this rise today to explain my opposition to petty bickering and partisan squabbles great body. His lecture left a lasting the Restoring American Financial Sta- that seem to be increasingly plaguing impression on every single member of bility Act. When the Senate first this chamber. But, we would all do well the Landrieu family, and it is a mem- passed the bill in May, I opposed it and to follow the example Senator Byrd set ory we will always cherish. Senator Byrd spoke with such pas- explained my reasons for doing so. At for all of us during his legendary Sen- that time I hoped the House and Sen- ate career and never lose sight of the sion about John C. Calhoun, Henry Clay, Daniel Webster, Rebecca Felton, ate would make some changes to the fact that we are sent here to fight for bill during the conference committee those in our home States and across Everett Dirksen and the many other historical figures who shaped the Sen- to address the root causes of the finan- the country who cannot fight for them- cial crisis as well as scale back the selves. ate. It is only appropriate that he will forever be mentioned in the same overreaching powers granted to the Senator Byrd’s work on behalf of his new consumer protection bureau. Un- constituents is well known. West Vir- breath with these men and women he so truly admired. And, it makes me fortunately, neither of these changes ginians knew they could count on their occurred, and I still believe the bill senior Senator to come here to Wash- proud to have had the opportunity to serve with a man who left such an in- largely ignores the glaring, funda- ington and deliver for them. They were mental problems that led to our cur- not alone. I will never forget how help- delible mark on this Chamber. As we reflect on Senator Byrd’s re- rent fiscal catastrophe while increas- ful Senator Byrd was to my State. Lou- markable life and career, our prayers ing regulatory burdens on business isiana lost a true friend. Through are with the Byrd family. But we all when the economy is still struggling to storms and floods, Senator Byrd made take comfort in knowing that while he recover. In addition, as Fareed Zakaria sure that promises made to the gulf leaves behind one of his great loves— recently noted, the uncertainty created coast, particularly to Louisiana, were the Senate—he is finally going home to by this and other expansive legislation, not broken. He kept an eye on the fair be with his greatest love—Erma. such as health care reform and poten- and just distribution of funds to Gulf Mr. ALEXANDER. Mr. President, tially cap and trade, is causing many Coast States, and I and everyone I rep- Senator Pete Domenici from New Mex- businesses to refrain from new invest- resent will always be grateful for his ico served in this body for 36 years. ments until they can understand the dedication to our recovery. During that time, he was the first Re- full implications of these measures. One critical example is his effort to publican chairman of the Budget Com- As for this legislation, it is now clear provide funding for Louisiana’s Road mittee and later chaired the Energy that over the past decade or so, specific Home program. Road Home, which is Committee where, more than almost factors played a critical role in leading the largest single housing recovery anyone, he helped spur the revival of our Nation into the financial crisis program in U.S. history, was designed interest in nuclear energy. He was that first arrested the credit markets to provide compensation to Louisiana truly one of the most consequential in 2007, leading to the collapse of some homeowners whose houses were de- senators of the last half century. As we of our largest financial services firms stroyed by Hurricane Katrina or Rita. mourn the loss of another very con- and a stock market crash in late 2008. In late 2007, as Louisiana faced a sequential Member of this Chamber, The resulting events produced a wide- daunting program shortfall, it was Sen- Senator Robert Byrd of West Virginia, spread foreclosure crisis and a dev- ator Byrd who stepped up to help me I thought it was appropriate to share astating recession with massive job secure $3 billion to keep this rebuilding Senator Domenici’s thoughts on the loss and sustained record unemploy- program going. passing of Senator Byrd. ment, all of which continue to be felt A year later, Senator Byrd once I ask unanimous consent that Sen- by families throughout Ohio and the again stood up for the people of Lou- ator Domenici’s statement be printed Nation. In response, Congress has isiana, when he worked with me to in- in the RECORD. taken up legislation that purports to clude $8.7 billion for gulf coast hurri- There being no objection, the mate- correct what went wrong and restore cane recovery and protection in the rial was ordered to be printed in the safety, soundness, and stability to our emergency supplemental spending bill RECORD, as follows: financial markets to foster recovery for Iraq and Afghanistan. The funding STATEMENT OF SENATOR PETE DOMENICI ON and fortify the foundation for a strong provided for levees, criminal justice THE PASSING OF SENATOR ROBERT C. BYRD economy. needs, health care and housing for low- I’m sorry I can’t be at Senator Robert Why, then, do I oppose the passage of income hurricane survivors. Byrd’s memorial service in person because this legislation? Simply put, because it

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.071 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5845 does not get the job done. This legisla- tising agencies, and even nonprofits— aged an annual operating budget in ex- tion fails to address the causes of the under new government regulation. At- cess of $200 million which funded the financial crisis, while overreaching in tempts by some of my colleagues to planning, engineering, construction, its expanded regulation of businesses, curtail the largely unchecked reach of operation, and maintenance of the large and small, throughout the econ- this new regulator were mostly re- Pittsburgh district’s 23 locks and dams, omy. I voted to bring the bill to the jected. and 16 reservoirs covering 26,000 square Senate floor because I believed the Finally, new regulations related to miles in a five-State area. American people wanted us to debate over-the-counter derivatives fail to Colonel Crall’s implementation of the issues that caused the financial adequately protect businesses across funding provided to the district collapse and bring forth legislation Ohio and other States that use these through the American Recovery and that would work to minimize the possi- risk management tools. I have heard Reinvestment Act shows that he is an bility of a future collapse, but this bill from many businesses concerned that effective steward of taxpayer dollars. fails in too many respects. they could be forced to divert capital The act provided over $140 million for First, the bill fails to address two away from job-creating investments as the Pittsburgh district, almost dou- primary causes of the financial melt- a result of new clearing procedures in bling the district’s annual budget. down, Fannie Mae and Freddie Mac, the legislation. They also complain Under Colonel Crall’s leadership, the whose push to acquire subprime mort- that they may now be forced to use less district awarded contracts for projects gages—spurred by Congress—helped customized derivative products, which to help reinvigorate the region’s econ- produce a real estate bubble that burst would result in more—rather than omy. These contracts have also as- and sent shockwaves across global fi- less—risk. As businesses sideline more sisted in improving the reliability of nancial markets, forcing the U.S. econ- capital, they become less liquid; as the some of the oldest facilities in the omy and other global economies into a they face more risk, they become less Corps. tailspin. These now-government-owned creditworthy, and in turn have less ac- Early in his tenure, he was faced institutions, which failed in the midst cess to credit. I am fearful that these with the challenge of a severe flash of the financial crisis, continue to new regulatory burdens will serve pri- flooding event where he quickly di- drain taxpayers for billions of dollars. marily to slow any eventual economic rected available Corps authorities to In May, Fannie and Freddie requested recovery rather than address the un- provide emergency relief and offer im- an additional $19 billion of taxpayer derlying causes of the financial col- mediate assistance. Colonel Crall’s ac- moneys to fund operations, bringing lapse. For example, uncertainty over tions strengthened the Corps’ partner- the total government assistance to these potential effects has created ship with local communities and reit- roughly $145 billion, or an average of widespread concern among farmers in erated the Corps value in the region. $7.6 billion per month. Moreover, the particular, who had nothing to do with This event set the foundation for a ten- nonpartisan Congressional Budget Of- the financial meltdown but could face ure that focused on ensuring the safety fice recently estimated that over the consequences under the legislation. of citizens of the region and a commit- next decade, Fannie and Freddie could In sum, the Restoring American Fi- ment to protecting their property. In cost taxpayers almost $400 billion. Yet nancial Stability Act fails to address addition, Colonel Crall’s true compas- these two giant, systemically risky in- the root causes of the problem and sion for the constituents impacted by stitutions—whose bailouts far outsize overreaches in its regulation. I am dis- this unfortunate event set the tone for any of those given to other financial appointed these concerns were not re- his continued engagement in local institutions—are ignored in this legis- solved during the conference com- flood reduction needs throughout the lation. mittee, and thus I will not support the Pittsburgh district. Second, at the heart of this financial bill. Throughout his time at the helm of crisis were residential home loans writ- the Pittsburgh district, Colonel Crall f ten to borrowers who did not have the continued to stress the Army Corp’s ability to pay their mortgages. When ADDITIONAL STATEMENTS concern for maintaining and improving these borrowers defaulted on a massive water quality. For instance, Colonel scale, widespread investment securities Crall recognized the effect of natural TRIBUTE TO COLONEL MICHAEL P. based on their mortgages lost signifi- gas drilling on the Monongahela River CRALL cant value, sending investors panicking and immediately took action to reduce and retreating while portfolios col- ∑ Mr. CASEY. Mr. President, today I any negative impact on public health lapsed and credit froze. These loans honor Colonel Michael P. Crall for the and safety associated with this activ- were made in large part because of poor exceptional service he has provided as ity. underwriting standards and a failure commander of the Pittsburgh district, As a decorated military officer, Colo- by many lenders and brokers to ensure U.S. Army Corps of Engineers during nel Crall exemplified his devotion to that buyers had the means to repay the period from July 13, 2007, to July our soldiers and country through his their loans. During the Senate debate 16, 2010. My colleague from Pennsyl- active role with the flight 93 Memorial. on this legislation, my colleague, Sen- vania, Senator SPECTER, has joined me With a singular focus on overcoming ator BOB CORKER, offered a common- to honor Colonel Crall. unnecessary delays, he directed his sense amendment to establish sound On Friday, July 16, 2010 in Pitts- team to work with the National Park underwriting standards, including a burgh, Pennsylvania the U.S. Army Service to ensure that the Corps in- minimum down payment, full docu- Corps of Engineers Pittsburgh District volvement in the memorial was timely mentation, and proof of income and military Change of Command cere- and done with great care. Colonel ability of the borrower to pay the mony will honor the services of the Crall’s efforts are helping to move the mortgage. Amazingly, my colleagues outgoing commander, Colonel Michael project in a positive direction. Simply rejected this amendment, and thus vir- P. Crall, and welcome the incoming stated, his personal involvement will tually nothing in this legislation ad- commander, Colonel William H. help ensure that the sacrifices of the dresses this problem. Graham. patriots aboard flight 93 will be appro- Third, the new consumer protection Colonel Crall will leave a legacy of priately memorialized. bureau created by this bill is too wide excellence. His leadership focused the Colonel Crall’s excellent communica- in its regulatory scope, and I believe it district’s capabilities on dem- tion skills and collaborative approach will saddle businesses with new, often onstrating the value of the Army Corps greatly improved the district’s image unnecessary burdens. The bureau is to the Pittsburgh region. His superb and reputation among the general pub- granted authority to reach its tenta- leadership and strong personal engage- lic, stakeholders, and the workforce. cles like an octopus into various sec- ment strengthened relationships with- Throughout his entire tour of duty, tors of the economy, and pull busi- in local, State and Federal partner- Colonel Crall’s superb leadership and nesses that were not part of the prob- ships. strong personal engagement was in- lem—including retailers, medical pro- During his tenure as district com- strumental in demonstrating the value viders such as dentists, lawyers, adver- mander, Colonel Crall superbly man- of the Pittsburgh district throughout

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.013 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5846 CONGRESSIONAL RECORD — SENATE July 14, 2010 the Upper Ohio Valley. Colonel Crall’s sixth graders plan and grow native sas has the highest incidence of child- performance of duty reflects great plants that help educate visitors in na- hood hunger in the country. In my role credit upon himself, the Corps of Engi- tional parks across the U.S. as chairman of the Committee on Agri- neers, and the U.S. Army. We honor his For more than a year, Girls Inc. has culture, Nutrition, and Forestry, I service and wish him well in his future tended the ‘‘officers’ garden’’ at the have fought to make strong improve- endeavors.∑ Fort Smith Historic Site, a part of the ments to our child nutrition programs f National Park Service. To blend in that will put us on a path toward end- with the history and heritage of the ing childhood hunger. REMEMBERING BENJAMIN GORDON site, the girls wear 1860s attire, com- I commend the communities of POWELL, JR. plete with a dress, apron, and bonnet. DeWitt, Batesville, and Malvern for ∑ Ms. LANDRIEU. Mr. President, it is The girls cultivate, plant, water and doing their part to help end hunger in with great sadness that I come to the grow the garden in the way women and our State. Along with my fellow Ar- Senate floor today to reflect upon the girls of that era would have, using kansans, I will continue my fight to passing of Benny Powell, Jr., an es- plants and seeds that were available in ensure that Arkansans have access to teemed jazz trombonist from Lou- the Civil War-era in Fort Smith. Be- the food and nutrition they need.∑ isiana. Louisiana and the Nation lost a cause of the girls’ dedicated efforts, the f musical icon on June 26 when Benny garden has expanded to twice its origi- passed away, but he lives on in our nal size. CONGRATULATING MISS ARKAN- memories and in the music that he cre- The officers’ garden at the Fort SAS PAGEANT CONTESTANTS ated. Smith site was started 21⁄2 years ago by ∑ Mrs. LINCOLN. Mr. President, this Born March 1, 1930, in New Orleans, park interpreter Keri Powers, who week a time-honored tradition takes LA, Benjamin Gordon Powell, Jr. first would explain to visitors the signifi- place in my home State of Arkansas. set his sights on the parade drum. At cance of having a garden for officers’ For more than five decades, young the time, his mother was working as a wives, which not only provided food women from across the State have maid in the French Quarter and she and medicine, but also was a social gathered each year in Hot Springs to played the piano. Thankfully, his space for family and friends to gather. compete in the Miss Arkansas Pageant, mother quickly realized his enthu- Girls Inc. competed against students the preliminary to the Miss America siasm for music and encouraged Benny with projects in some of our Nation’s Pageant. These women represent the to play the trombone. By the time he most best-known national parks, such best of our State, and I am proud to see was 14, Benny had landed his first pro- as Bryce Canyon in Utah and Glacier them work toward their personal and fessional band gig. He was tremen- Bay in Alaska. Their hard work and professional goals as they compete in dously musically gifted, even from perseverance paid off, and I know all this event. such a young age. Arkansans share my pride in their ac- Since 1938, the Miss Arkansas Pag- Benny has said of the trombone that complishments. eant has sent a representative to the As a part of their first place prize, he loved most how expressive the in- Miss America Pageant. In the early the girls received an all-expenses paid strument was. In an interview with the days, the Miss Arkansas Pageant was trip to Washington. I was honored to Times-Picayune in 2001, he was quoted held in various cities across the State, meet with these young girls today, to as saying that, ‘‘It’s like a voice. It can including in my hometown of Helena. hear more about their project and their go from a whisper to a roar.’’ In 1957, the pageant moved to Hot experiences. While in Washington, the Benny has performed from coast to Springs, Arkansas’s ‘‘Spa City,’’ where girls plan to meet with other members coast with a variety of musical figures. it has taken place ever since. of Arkansas’s congressional delegation, In 1961, he played at President Ken- This year, 44 contestants seek the tour the National Mall, and visit the nedy’s inauguration. He has recorded title of Miss Arkansas, which will be White House. or performed with Frank Sinatra, Girls Inc. of Fort Smith represents determined Saturday evening. I wish Screamin’ Jay Jawkins, Lionel Hamp- the best of Arkansas. Along with all them all the best as they strive to ton, pianist Randy Weston, in Broad- Arkansans, I congratulate them for achieve their goals. I also congratulate way pit bands, and for many years in this tremendous achievement.∑ Miss Arkansas 2009 Sarah Slocum for the house band on ‘‘The Merv Griffin the work she has done over the past f Show.’’ However, he is probably best year representing our state and our Ar- known for playing with Count Basie RECOGNIZING HARVEST OF HOPE kansas values. These young women from the early 1950s through the early ∑ Mrs. LINCOLN. Mr. President this speak well for the future of our state, 1960s. Since 1944, he taught at the New week ‘‘Harvest of Hope,’’ a community and I am proud to call them fellow Ar- School for Jazz and Contemporary organization in my home State of Ar- kansans.∑ Music, passing along his gift to aspir- kansas, will send 40,000 pounds of rice f ing young musicians. I know younger to the Arkansas Rice Depot, marking a TRIBUTE TO JEFF THEERMAN generations were encouraged and in- milestone in their donation efforts. spired by his talents, strength and wis- The contribution will contain the mil- ∑ Mrs. MCCASKILL. Mr. President, dom. lionth pound of rice the group has do- today I congratulate Mr. Jeff There is a deep rooted musical tradi- nated, which equals thousands of Ar- Theerman, executive director of the tion in New Orleans that Benny’s kansans who have received the vital Metropolitan St. Louis Sewer District, music exemplified by his clear passion sustenance and nutrition they need. MSD, on his election as the new presi- and rich sound. We will miss his inspir- Harvest of Hope is comprised of com- dent of the National Association of ing gift. As we reflect on his life and munity leaders from DeWitt, Bates- Clean Water Agencies, NACWA. his contributions, our prayers are with ville, and Malvern who cook and sell Mr. Theerman is an accomplished his daughter, Demitra Powell Clay, his smoked meats and use the proceeds to leader and committed environmental sister, Elizabeth Powell McCrowey, and buy rice for the Arkansas Rice Depot. steward. He has dedicated his career to his grandchildren, Faith and Kyle Times are tough for many Arkansans, the improvement of the environment Swetnam. May we all find some solace and I commend these communities for and public health in Missouri, and in the part of Benny that continues to their dedication to helping those in throughout the Nation. Without a live on in his music.∑ need. doubt, he is ideally suited for this na- f Each community hosts a ‘‘Harvest of tional leadership position with Hope’’ event annually. DeWitt’s Har- NACWA. RECOGNIZING GIRLS INC. vest of Hope occurred over the Fourth Mr. Theerman has served Missouri ∑ Mrs. LINCOLN. Mr. President, today of July holiday. Batesville and Malvern through his work at MSD for over 25 I congratulate Girls Inc. of Fort Smith, will hold their Harvest of Hope events years. In October of 2003 he was named first place winners in the National this Labor Day. MSD’s executive director, willingly Park Foundation’s inaugural First Hunger is an epidemic in Arkansas and ably accepting accountability for Bloom program, in which fourth to and across our Nation. In fact, Arkan- all aspects of the utility’s operations.

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.023 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5847 As MSD’s executive director, Mr. dio in 2008 as a separate division pro- received the Governor’s Award for Theerman leads one of the Nation’s viding windows, doors, and kitchens to Business Excellence in 1994, and was largest wastewater and stormwater businesses, homeowners, and contrac- chosen as the Belfast Area Chamber of management utilities, providing serv- tors throughout the Midcoast region of Commerce’s Business of the Year in ices to approximately 1.4 million peo- Maine. Indeed, the company has been 2007, among other distinctions. ple in the city of St. Louis and St. breaking barriers and achieving a host While rising to the top of its field Louis County. Under his leadership, of accomplishments from its inception, over the past century and a half, Mat- the MSD currently operates seven including being the largest woman- hews Brothers has never forgotten the wastewater treatment facilities, treat- owned business in Maine at the start of community that helped it get there. Its ing an average of 330 million gallons of the 20th century, as well as building consistent and enthusiastic endeavors water per day and maintaining 9,649 the Jennie Flood Kreger, the largest and to serve the community and its cus- miles of sewers. only 5-masted schooner ever built in tomers have not gone unnoticed, and I Since joining others in founding Belfast. praise them for their efforts to mod- NACWA 40 years ago, the Metropolitan In recent years, Mathews Brothers ernize in the face of globalization, a St. Louis Sewer District has benefitted has sought to improve its business process which has not been kind to from its active engagement with the model by cutting costs while maintain- American manufacturers. I thank ev- organization. A member of NACWA’s ing quality. Toward this end, they re- eryone at Mathews Brothers for their board of directors since 2004, Mr. cently completed a two month train- philanthropic efforts and tremendous Theerman has served as the organiza- the-trainer lean manufacturing initia- perseverance, and offer my best wishes tion’s secretary, treasurer, and vice tive with the Maine Manufacturing Ex- for another 150 years of success.∑ tension Partnership that instructed 116 president. It is fitting that his election f as president coincides with the 40th an- employees and helped save the com- niversary of NACWA’s advocacy on be- pany at least $75,000. In addition to this MESSAGES FROM THE PRESIDENT half of the Nation’s clean water agen- critical project, the company has Messages from the President of the cies—and the environment we all value sought to expand into overseas mar- United States were communicated to so much. kets to sell its products, including par- the Senate by Mrs. Neiman, one of his Mr. Theerman is a great example of ticipation in trade missions to Brazil, secretaries. Korea, and Japan in the past several accountable and responsible leadership f in my State. Under his able leadership, years. NACWA looks forward to proactively Furthermore, Mathews Brothers EXECUTIVE MESSAGES REFERRED and effectively addressing the complex maintains a strong commitment to our As in executive session the Presiding 21st century water quality challenges environment, as it recycles 100 percent Officer laid before the Senate messages we face as a Nation. of its scrap glass, vinyl, metal, paper, from the President of the United On behalf of myself and the people of and cardboard from the manufacturing States submitting sundry nominations Missouri, it is my sincere pleasure to process. The company also uses a recy- and a withdrawal which were referred congratulate Jeff Theerman on his cling glass washer, helping it save to the appropriate committees. election as president of NACWA. I am 67,000 gallons per month in water con- (The nominations received today are certain his actions will ensure contin- sumption. Leftover sawdust is sent to printed at the end of the Senate pro- ued water quality progress for St. local farms for use as stall bedding, ceedings.) Louis, MO, and the Nation.∑ while scrap wood is sold off as kindling f f or firewood. The firm takes its role as steward of the land seriously through MESSAGES FROM THE HOUSE RECOGNIZING MATHEWS its membership in the Maine Chapter BROTHERS At 10:03 a.m., a message from the of the U.S. Green Building Council and House of Representatives, delivered by ∑ Ms. SNOWE. Mr. President, today I the Maine Forest Products Council. Ms. Niland, one of its reading clerks, recognize one of the oldest continually Mathews Brothers has also shown a announced that the House has passed operating businesses in my home State continued commitment to its local the following bills, in which it requests of Maine that has been truly successful community and actively encourages the concurrence of the Senate: at adapting to the changing times. their employees to engage in commu- H.R. 3923. An act to provide for the ex- Mathews Brothers has been manufac- nity service activities. This commit- change of certain land located in the Arap- turing high quality windows and doors ment originated over a century ago in aho-Roosevelt National Forests in the State in the coastal town of Belfast for over 1904 with then-President Orlando of Colorado, and for other purposes. 156 years, showing that resilience, in- Frost’s commitment to help start up H.R. 3967. An act to amend the National novation, and hard work can overcome the Waldo County General Hospital. Great Black Americans Commemoration Act even the worst economic downturns in Their employees still volunteer in the of 2004 to authorize appropriations through American history. Currently employ- oncology department and eagerly par- fiscal year 2015. ing more than 120 individuals, Mathews ticipate in the hospital’s annual fall H.R. 3989. An act to authorize the Sec- retary of the Interior to conduct a special re- Brothers provides a prime example of oncology walk. Mathews Brothers’ source study to determine the suitability how small businesses can weather eco- commitment to community service and feasibility of adding the Heart Mountain nomic downturns to emerge stronger was on display again in 2007 when the Relocation Center, in the State of Wyoming, time after time. company raised over $7,000 to purchase as a unit of the National Park System. Mathews Brothers was founded in phone cards for soldiers from Maine de- H.R. 4438. An act to authorize the Sec- 1854 as a sawmill and millworks com- ployed in Iraq. retary of the Interior to expand the bound- pany by brothers Noah Merrill Mat- Not surprisingly, Mathews Brothers ary of the Park, to conduct a study of hews and Spencer Walcott Mathews. has earned numerous awards for manu- potential land acquisitions, and for other facturing and customer service excel- purposes. Throughout the years, the firm has set H.R. 4514. An act to authorize the Sec- out to add a variety of different prod- lence. The firm was recently awarded retary of the Interior to conduct a special re- ucts to its repertoire, from blinds and the Maine Manufacturing Extension source study to determine the suitability shutters, to coffins and spiral stair- Partnership’s Manufacturing Excel- and feasibility of designating the Colonel cases. Today, the company uses state- lence Award in June 2010. The award Charles Young Home in Xenia, Ohio as a unit of-the-art equipment and materials to recognizes the company’s success in of the National Park System, and for other produce traditional wood, vinyl and achieving world-class manufacturing purposes. contemporary composite windows and status and implementation of best H.R. 4686. An act to authorize the Sec- manufacturing practices to stay ahead retary of the Interior to study the suit- doors out of its three manufacturing ability and feasibility of designating pre- plants in Belfast, Rockland, and Ban- of the competition, all while maintain- historic, historic, and limestone forest sites gor. ing a commitment to loyally serving on Rota, Commonwealth of the Northern As continual innovators, Mathews its customers and assisting the com- Mariana Islands, as a unit of the National Brothers launched Dream Kitchen Stu- munity at large. The company has also Park System.

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.020 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5848 CONGRESSIONAL RECORD — SENATE July 14, 2010 H.R. 4773. An act to authorize the Sec- aho-Roosevelt National Forests in the State mitting, pursuant to law, a report relative to retary of the Interior to lease certain lands of Colorado, and for other purposes. violations of the Antideficiency Act in connection with a fiscal year 2009 health care fa- within Fort Pulaski National Monument, f and for other purposes. cilities construction project in Nome, Alas- H.R. 4973. An act to amend the Fish and MEASURES READ THE FIRST TIME ka; to the Committee on Appropriations. Wildlife Act of 1956 to reauthorize volunteer EC–6609. A communication from the Sec- programs and community partnerships for The following bill was read the first retary of Defense, transmitting a report on national wildlife refuges, and for other pur- time: the approved retirement of General Stanley poses. S. 3588. A bill to limit the moratorium on A. McChrystal, United States Army, and his advancement to the grade of general on the The message also announced that the certain permitting and drilling activities issued by the Secretary of the Interior, and retired list; to the Committee on Armed House agreed to the amendment of the for other purposes. Services. Senate to the bill (H.R. 689) to inter- EC–6610. A communication from the Under change the administrative jurisdiction f Secretary of Defense (Personnel and Readi- of certain Federal lands between the EXECUTIVE AND OTHER ness), transmitting the report of (4) officers Forest Service and the Bureau of Land COMMUNICATIONS authorized to wear the insignia of the grade Management, and for other purposes. of major general and brigadier general, as The following communications were appropriate, in accordance with title 10, laid before the Senate, together with United States Code, section 777; to the Com- At 12:27 p.m., a message from the mittee on Armed Services. House of Representatives, delivered by accompanying papers, reports, and documents, and were referred as indicated: EC–6611. A communication from the Com- Mrs. Cole, one of its reading clerks, an- mission on Wartime Contracting in Iraq and nounced that the House has passed the EC–6602. A communication from the Direc- Afghanistan, transmitting, pursuant to law, following joint resolution, in which it tor of the Regulatory Management Division, a report entitled ‘‘Better Planning for De- Office of Policy, Economics, and Innovation, requests the concurrence of the Senate: fense-to-State Transition in Iraq Needed to Environmental Protection Agency, transmit- Avoid Mistakes and Waste’’; to the Com- H.J. Res. 83. Joint resolution approving the ting, pursuant to law, the report of a rule en- mittee on Armed Services. renewal of import restrictions contained in titled ‘‘Homobrassinolide; Exemption from EC–6612. A communication from the Chief the Burmese Freedom and Democracy Act of the Requirement of a Tolerance’’ (FRL No. Counsel, Federal Emergency Management 2003, and for other purposes. 8831–2) received during adjournment of the Agency, Department of Homeland Security, Senate in the Office of the President of the transmitting, pursuant to law, the report of At 2:47 p.m., a message from the Senate on July 9, 2010; to the Committee on a rule entitled ‘‘Changes in Flood Elevation House of Representatives, delivered by Agriculture, Nutrition, and Forestry. Determinations’’ ((44 CFR Part 65) (Docket Mr. Novotny, one of its reading clerks, EC–6603. A communication from the Direc- No. FEMA–2010–0003)) received in the Office announced that the House agreed to tor of the Regulatory Management Division, of the President of the Senate on July 13, the amendments of the Senate to the Office of Policy, Economics, and Innovation, 2010; to the Committee on Banking, Housing, bill (H.R. 4840) to designate the facility Environmental Protection Agency, transmit- and Urban Affairs. ting, pursuant to law, the report of a rule en- EC–6613. A communication from the Paper- of the United States Postal Service lo- titled ‘‘Acetic Acid; Exemption from the Re- work Clearance Officer, Office of Thrift Su- cated at 1979 Cleveland Avenue in Co- quirement of a Tolerance’’ (FRL No. 8833–8) pervision, Department of the Treasury, lumbus, Ohio, as the ‘‘Clarence D. received in the Office of the President of the transmitting, pursuant to law, the report of Lumpkin Post Office’’. Senate on July 12, 2010; to the Committee on a rule entitled ‘‘Unfair or Deceptive Acts or Practices; Amendment’’ (RIN1550–AC38) re- f Agriculture, Nutrition, and Forestry. EC–6604. A communication from the Direc- ceived in the Office of the President of the MEASURES REFERRED tor of the Regulatory Management Division, Senate on July 13, 2010; to the Committee on Office of Policy, Economics, and Innovation, Banking, Housing, and Urban Affairs. The following bills were read the first Environmental Protection Agency, transmit- EC–6614. A communication from the Sec- and the second times by unanimous ting, pursuant to law, the report of a rule en- retary of Energy, transmitting, pursuant to consent, and referred as indicated: titled ‘‘Residues of Quaternary Ammonium law, a report entitled ‘‘Report to Congress on H.R. 3967. An act to amend the National Compounds, N–Alkyl (C12–14) Dimethyl Dedicated Ethanol Pipeline Feasibility’’; to the Committee on Energy and Natural Re- Great Black Americans Commemoration Act Ethylbenzyl Ammonium Chloride; Exemp- sources. of 2004 to authorize appropriations through tion from the Requirement of a Tolerance’’ EC–6615. A communication from the Direc- (FRL No. 8833–2) received in the Office of the fiscal year 2015; to the Committee on the Ju- tor of the Regulatory Management Division, President of the Senate on July 12, 2010; to diciary. Office of Policy, Economics, and Innovation, the Committee on Agriculture, Nutrition, H.R. 4686. An act to authorize the Sec- Environmental Protection Agency, transmit- and Forestry. retary of the Interior to study the suit- ting, pursuant to law, the report of a rule en- ability and feasibility of designating pre- EC–6605. A communication from the Direc- titled ‘‘Lead; Clearance and Clearance Test- historic, historic, and limestone forest sites tor of the Regulatory Management Division, ing Requirements for the Renovation, Re- on Rota, Commonwealth of the Northern Office of Policy, Economics, and Innovation, pair, and Painting Program; Reopening of Mariana Islands, as a unit of the National Environmental Protection Agency, transmit- Comment Period’’ (FRL No. 8836–1) received Park System; to the Committee on Energy ting, pursuant to law, the report of a rule enduring adjournment of the Senate in the Of- and Natural Resources. titled ‘‘Hexythiazox; Pesticide Tolerances’’ fice of the President of the Senate on July 9, H.R. 4773. An act to authorize the Sec- (FRL No. 8833–6) received in the Office of the 2010; to the Committee on Environment and retary of the Interior to lease certain lands President of the Senate on July 12, 2010; to Public Works. within Fort Pulaski National Monument, the Committee on Agriculture, Nutrition, EC–6616. A communication from the Direc- and for other purposes; to the Committee on and Forestry. tor of the Regulatory Management Division, Energy and Natural Resources. EC–6606. A communication from the Direc- Office of Policy, Economics, and Innovation, H.R. 4973. An act to amend the Fish and tor of the Regulatory Management Division, Environmental Protection Agency, transmit- Wildlife Act of 1956 to reauthorize volunteer Office of Policy, Economics, and Innovation, ting, pursuant to law, the report of a rule en- programs and community partnerships for Environmental Protection Agency, transmit- titled ‘‘Extension of Deadline for Action on national wildlife refuges, and for other pur- ting, pursuant to law, the report of a rule en- Section 126 Petition from New Jersey’’ (FRL poses; to the Committee on Environment and titled ‘‘Cyazofamid; Pesticide Tolerances’’ No. 9174–5) received in the Office of the Presi- Public Works. (FRL No. 8833–1) received in the Office of the dent of the Senate on July 12, 2010; to the President of the Senate on July 12, 2010; to f Committee on Environment and Public the Committee on Agriculture, Nutrition, Works. MEASURES PLACED ON THE and Forestry. EC–6617. A communication from the Direc- CALENDAR EC–6607. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, The following bill was read the sec- Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- ond time, and placed on the calendar: Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- H.R. 5618. An act to continue Federal un- ting, pursuant to law, the report of a rule entitled ‘‘Revisions to the California State Im- employment programs. titled ‘‘Castor Oil, Ethoxylated, Oleate; Tol- plementation Plan, Sacramento Metropoli- The following bill was read the first erance Exemption’’ (FRL No. 8834–4) received tan Air Quality Management District and in the Office of the President of the Senate South Coast Air Quality Management Dis- and second times by unanimous con- on July 12, 2010; to the Committee on Agri- trict’’ (FRL No. 9172–3) received in the Office sent, and placed on the calendar: culture, Nutrition, and Forestry. of the President of the Senate on July 12, H.R. 3923. An act to provide for the ex- EC–6608. A communication from the Sec- 2010; to the Committee on Environment and change of certain land located in the Arap- retary of Health and Human Services, trans- Public Works.

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.034 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5849 EC–6618. A communication from the Direc- Return and Time for Filing’’ ((TD 9492) tions for children adopted by United States tor of the Regulatory Management Division, (RIN1545–BG18)) received in the Office of the citizens under the Hague Convention on Office of Policy, Economics, and Innovation, President of the Senate on July 13, 2010; to Intercountry Adoption to allow their admis- Environmental Protection Agency, transmit- the Committee on Finance. sion to the United States (Rept. No. 111— ting, pursuant to law, the report of a rule en- EC–6626. A communication from the Senior 220). titled ‘‘Terpene Constituents of the Extract Advisor for Regulations, Office of Regula- By Mr. LEAHY, from the Committee on of Chenopodium ambrosioides near tions, Social Security Administration, trans- the Judiciary, with an amendment in the na- ambrosioides (a-Terpinene, d-Limonene and mitting, pursuant to law, the report of a rule ture of a substitute: p-Cymene) as Synthetically Manufactured; entitled ‘‘Amendments to Regulations Re- H.R. 2765. A bill to amend title 28, United Exemption from the Requirement of a Toler- garding Major Life-Changing Events Affect- States Code, to prohibit recognition and en- ance’’ (FRL No. 8831–4) received during ad- ing Income-Related Monthly Adjustment forcement of foreign defamation judgments journment of the Senate in the Office of the Amounts to Medicare Part B Premiums’’ and certain foreign judgments against the President of the Senate on July 9, 2010; to (RIN0960–AH06) received in the Office of the providers of interactive computer services. the Committee on Environment and Public President of the Senate on July 12, 2010; to By Mr. BAUCUS, from the Committee on Works. the Committee on Finance. Finance, without amendment: EC–6619. A communication from the Direc- EC–6627. A communication from the Pro- S.J. Res. 29. A joint resolution approving tor of the Regulatory Management Division, gram Manager, Centers for Medicare and the renewal of import restrictions contained Office of Policy, Economics, and Innovation, Medicaid Services, Department of Health in the Burmese Freedom and Democracy Act Environmental Protection Agency, transmit- and Human Services, transmitting, pursuant of 2003. ting, pursuant to law, the report of a rule en- to law, the report of a rule entitled ‘‘Medi- f titled ‘‘Approval and Promulgation of Imple- care and Medicaid Programs; Electronic mentation Plans and Designation of Areas Health Record Incentive Program’’ (RIN0938– INTRODUCTION OF BILLS AND for Air Quality Planning Purposes; Wis- AP78) received in the Office of the President JOINT RESOLUTIONS consin; Redesignation of the Manitowoc of the Senate on July 13, 2010; to the Com- The following bills and joint resolu- County and Door County Areas to Attain- mittee on Finance. tions were introduced, read the first ment for Ozone’’ (FRL No. 9172–9) received EC–6628. A communication from the Office and second times by unanimous con- during adjournment of the Senate in the Of- Manager, Centers for Medicare and Medicaid fice of the President of the Senate on July 9, Services, Department of Health and Human sent, and referred as indicated: 2010; to the Committee on Environment and Services, transmitting, pursuant to law, the By Mr. SCHUMER (for himself and Mr. Public Works. report of a rule entitled ‘‘Medicare Program; DODD): EC–6620. A communication from the Direc- Changes to the Hospital Outpatient Prospec- S. 3577. A bill to encourage savings, pro- tor of the Regulatory Management Division, tive Payment System and Ambulatory Sur- mote financial literacy, and expand opportu- Office of Policy, Economics, and Innovation, gical Center Payment System for Calendar nities for young adults by establishing Life- Environmental Protection Agency, transmit- Year 2010, and Extension of Part B Payment time Savings Accounts; to the Committee on ting, pursuant to law, the report of a rule en- for Services Furnished by Hospitals or Clin- Finance. titled ‘‘Approval and Promulgation of Imple- ics Operated by the Indian Health Service, By Mr. JOHANNS (for himself, Mr. mentation Plans; Texas; Revisions to the Indian Tribes, or Tribal Organizations Made INHOFE, Mr. COBURN, Mr. THUNE, Mr. New Source Review (NSR) State Implemen- by the Affordable Care Act and ASC Changes VITTER, Mr. BARRASSO, Mr. CORNYN, tation Plan (SIP); Flexible Permits’’ (FRL Made by Previous Correction Notices’’ Mr. RISCH, Mr. ENSIGN, Mr. CRAPO, No. 9174–1) received during adjournment of (RIN0938–AQ08) received in the Office of the Ms. MURKOWSKI, Mr. ISAKSON, Mr. the Senate in the Office of the President of President of the Senate on July 12, 2010; to ROBERTS, and Mr. ENZI): the Senate on July 9, 2010; to the Committee the Committee on Finance. S. 3578. A bill to repeal the expansion of in- on Environment and Public Works. EC–6629. A communication from the In- formation reporting requirements for pay- EC–6621. A communication from the Direc- spector General, Department of Health and ments of $600 or more to corporations, and tor of the Regulatory Management Division, Human Services, transmitting, pursuant to for other purposes; to the Committee on Fi- Office of Policy, Economics, and Innovation, law, a report entitled ‘‘Review of Medicare nance. Environmental Protection Agency, transmit- Contractor Information Security Program By Mr. CARPER (for himself and Mr. ting, pursuant to law, the report of a rule en- Evaluations for Fiscal Year 2007’’; to the BENNETT): titled ‘‘Mandatory Reporting of Greenhouse Committee on Finance. S. 3579. A bill to protect information relat- Gases from Magnesium Production, Under- EC–6630. A communication from the In- ing to consumers, to require notice of secu- ground Coal Mines, Industrial Wastewater spector General, Department of Health and rity breaches, and for other purposes; to the Treatment, and Industrial Waste Landfills’’ Human Services, transmitting, pursuant to Committee on Banking, Housing, and Urban (FRL No. 9171–1) received during adjourn- law, two reports entitled ‘‘Guidance and Affairs. ment of the Senate in the Office of the Presi- Standards on Language Access Services: By Mr. BEGICH: dent of the Senate on July 9, 2010; to the Medicare Provides’’ and ‘‘Guidance and S. 3580. A bill to amend the Oil Pollution Committee on Environment and Public Standards on Language Access Services: Act of 1990 to permit funds in the Oil Spill Works. Medicare Plans’’; to the Committee on Fi- Liability Trust to be used by the National EC–6622. A communication from the Ad- nance. Oceanic and Atmospheric Administration, ministrator of the Environmental Protection EC–6631. A communication from the Acting the Coast Guard, and other Federal agencies Agency, transmitting, pursuant to law, a re- Deputy Assistant Administrator, Bureau for for certain research, prevention, and report entitled ‘‘Clean Watersheds Needs Sur- Legislative and Public Affairs, Agency for sponse capabilities with respect to dis- vey 2008 Report to Congress’’; to the Com- International Development (USAID), trans- charges of oil, for environmental studies, and mittee on Environment and Public Works. mitting, pursuant to law, a report relative to for grant programs to communities affected EC–6623. A communication from the Chair- purchases of articles, materials, and supplies by oil spills on the outer Continental Shelf, man of the Nuclear Regulatory Commission, that were manufactured outside of the and to provide funding for such uses; to the transmitting, pursuant to law, a report enti- United States for fiscal year 2009; to the Committee on Finance. tled ‘‘Report to Congress on Abnormal Oc- Committee on Foreign Relations. By Mr. LUGAR: currences: Fiscal Year 2009’’; to the Com- EC–6632. A communication from the Assist- S. 3581. A bill to implement certain defense mittee on Environment and Public Works. ant Secretary, Bureau of Legislative Affairs, trade treaties; to the Committee on Foreign EC–6624. A communication from the Chief Department of State, transmitting, pursuant Relations. of the Publications and Regulations Branch, to the Arms Export Control Act, the certifi- By Mr. CASEY (for himself, Mr. Internal Revenue Service, Department of the cation of a proposed technical assistance BURRIS, Mrs. MURRAY, Mr. KAUFMAN, Treasury, transmitting, pursuant to law, the agreement for the export of defense articles, Mrs. MCCASKILL, Mr. NELSON of Ne- report of a rule entitled ‘‘Update of Weighted including technical data, and defense serv- braska, and Mrs. BOXER): Average Interest Rates, Yield Curves, and ices to the United Kingdom in support of the S. 3582. A bill to amend the Internal Rev- Segment Rates’’ (Notice No. 2010–52) received sale of Hellfire II missiles in the amount of enue Code of 1986 to allow a credit against in the Office of the President of the Senate $25,000,000 or more; to the Committee on For- income tax for amounts paid by a spouse of on July 13, 2010; to the Committee on Fi- eign Relations. a member of the Armed Forces for a new nance. State license or certification required by EC–6625. A communication from the Chief f reason of a permanent change in the duty of the Publications and Regulations Branch, REPORTS OF COMMITTEES station of such member to another State; to Internal Revenue Service, Department of the the Committee on Finance. Treasury, transmitting, pursuant to law, the The following reports of committees By Mrs. MURRAY (for herself, Mr. report of a rule entitled ‘‘Excise Taxes on were submitted: SANDERS, Ms. SNOWE, and Ms. COL- Prohibited Tax Shelter Transactions and Re- By Mr. LEAHY, from the Committee on LINS): lated Disclosure Requirements; Disclosure the Judiciary: S. 3583. A bill to amend title 38, United Requirements with Respect to Prohibited Report to accompany S. 1376, a bill to re- States Code, to increase flexibility in pay- Tax Shelter Transactions; Requirement of store immunization and sibling age exemp- ments for State veterans homes, and for

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.024 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5850 CONGRESSIONAL RECORD — SENATE July 14, 2010 other purposes; to the Committee on Vet- S. Res. 582. A resolution recognizing the lic Health Service Act to provide for erans’ Affairs. economic and environmental impacts of the the establishment of permanent na- By Mr. BEGICH: British Petroleum oil spill on the people of tional surveillance systems for mul- S. 3584. A bill to direct the Administrator the Gulf Coast and their way of life and urg- tiple sclerosis, Parkinson’s disease, and of the National Oceanic and Atmospheric Ad- ing British Petroleum to give all due consid- ministration to institute research into the eration to offers of assistance, products, or other neurological diseases and dis- special circumstances associated with oil services from the States directly impacted orders. spill prevention and response in the Arctic by the Deepwater Horizon oil spill; to the S. 1562 waters, including assessment of impacts on Committee on Environment and Public At the request of Mr. BEGICH, the Arctic marine mammals and other wildlife, Works. name of the Senator from Alaska (Ms. marine debris research and removal, and risk f MURKOWSKI) was added as a cosponsor assessment, and for other purposes; to the of S. 1562, a bill to provide for a study Committee on Commerce, Science, and ADDITIONAL COSPONSORS Transportation. and report on research on the United By Mr. UDALL of Colorado (for himself S. 305 States Arctic Ocean and for other pur- and Mr. BENNET): At the request of Mr. SCHUMER, the poses. S. 3585. A bill to amend title 10, United name of the Senator from Minnesota S. 1674 States Code, to reform Department of De- (Ms. KLOBUCHAR) was added as a co- At the request of Mr. WYDEN, the fense energy policy, and for other purposes; sponsor of S. 305, a bill to amend title name of the Senator from Minnesota to the Committee on Armed Services. IV of the Public Health Service Act to By Mr. REID (for himself, Mr. TESTER, (Mr. FRANKEN) was added as a cospon- Mr. MERKLEY, Mr. UDALL of Colorado, create a National Childhood Brain sor of S. 1674, a bill to provide for an and Mr. BEGICH): Tumor Prevention Network to provide exclusion under the Supplemental Se- S. 3586. A bill to promote the mapping and grants and coordinate research with re- curity Income program and the Med- development of United States geothermal respect to the causes of and risk factors icaid program for compensation pro- sources by establishing a direct loan pro- associated with childhood brain tu- vided to individuals who participate in gram for high risk geothermal exploration mors, and for other purposes. clinical trials for rare diseases or con- wells; to the Committee on Energy and Nat- S. 335 ditions. ural Resources. By Mr. REID (for himself and Mr. At the request of Mrs. GILLIBRAND, S. 1775 TESTER): the names of the Senator from Alaska At the request of Mr. BAYH, the name S. 3587. A bill to require the Secretary of (Mr. BEGICH), the Senator from West of the Senator from Washington (Mrs. the Interior to establish a competitive leas- Virginia (Mr. ROCKEFELLER) and the MURRAY) was added as a cosponsor of ing program for wind and solar energy devel- Senator from New Jersey (Mr. MENEN- S. 1775, a bill to amend the Higher Edu- opment on Federal land, and for other DEZ) were added as cosponsors of S. 335, cation Act of 1965 to provide that inter- purposes; to the Committee on Energy and a bill to amend part D of title IV of the Natural Resources. est shall not accrue on Federal Direct By Mr. VITTER (for himself, Mr. Social Security Act to repeal a fee im- Loans for members of the Armed CORNYN, and Mr. WICKER): posed by States on certain child sup- Forces on active duty regardless of the S. 3588. A bill to limit the moratorium on port collections. date of disbursement. certain permitting and drilling activities S. 457 S. 1932 issued by the Secretary of the Interior, and At the request of Mr. THUNE, the At the request of Mr. MCCAIN, the for other purposes; read the first time. name of the Senator from Tennessee By Mr. ROCKEFELLER (for himself name of the Senator from Mississippi ORKER and Mr. VOINOVICH): (Mr. C ) was added as a cosponsor (Mr. WICKER) was added as a cosponsor S. 3589. A bill to provide financial incen- of S. 457, a bill to establish pilot of S. 1932, a bill to amend the Elemen- tives and a regulatory framework to facili- projects under the Medicare program tary and Secondary Education Act of tate the development and early deployment to provide incentives for home health 1965 to allow members of the Armed of carbon capture and sequestration tech- agencies to utilize home monitoring Forces who served on active duty on or nologies, and for other purposes; to the Com- and communications technologies. after September 11, 2001, to be eligible mittee on Energy and Natural Resources. S. 981 to participate in the Troops-to-Teach- By Mr. ROCKEFELLER (for himself ers Program, and for other purposes. and Mr. VOINOVICH): At the request of Mr. REID, the name S. 3590. A bill to amend the Internal Rev- of the Senator from New Jersey (Mr. S. 3293 enue Code of 1986 to provide financial incen- MENENDEZ) was added as a cosponsor of At the request of Mr. HARKIN, the tives to facilitate the development and early S. 981, a bill to support research and name of the Senator from Michigan deployment of carbon capture and sequestra- public awareness activities with re- (Ms. STABENOW) was added as a cospon- tion technologies, and for other purposes; to spect to inflammatory bowel disease, sor of S. 3293, a bill to reauthorize the the Committee on Finance. and for other purposes. By Mr. ROCKEFELLER (for himself Special Olympics Sport and Empower- and Mr. VOINOVICH): S. 1055 ment Act of 2004, to provide assistance S. 3591. A bill to provide financial incen- At the request of Mrs. BOXER, the to Best Buddies to support the expan- tives and a regulatory framework to facili- name of the Senator from Kansas (Mr. sion and development of mentoring tate the development and early deployment BROWNBACK) was added as a cosponsor programs, and for other purposes. of carbon capture and sequestration tech- of S. 1055, a bill to grant the congres- S. 3397 nologies, and for other purposes; to the Com- sional gold medal, collectively, to the mittee on Finance. At the request of Ms. KLOBUCHAR, the 100th Infantry Battalion and the 442nd name of the Senator from Tennessee f Regimental Combat Team, United (Mr. CORKER) was added as a cosponsor SUBMISSION OF CONCURRENT AND States Army, in recognition of their of S. 3397, a bill to amend the Con- SENATE RESOLUTIONS dedicated service during World War II. trolled Substances Act to provide for take-back disposal of controlled sub- The following concurrent resolutions S. 1249 stances in certain instances, and for and Senate resolutions were read, and At the request of Ms. KLOBUCHAR, the other purposes. referred (or acted upon), as indicated: name of the Senator from Minnesota (Mr. FRANKEN) was added as a cospon- S. 3434 By Mr. UDALL of New Mexico: S. Res. 581. A resolution honoring the edu- sor of S. 1249, a bill to amend title At the request of Mr. BINGAMAN, the cational and scientific significance of Dr. XVIII of the Social Security Act to cre- name of the Senator from Illinois (Mr. Jane Goodall on the 50th anniversary of the ate a value indexing mechanism for the DURBIN) was added as a cosponsor of S. beginning of her work in what is today physician work component of the Medi- 3434, a bill to provide for the establish- Gombe Stream National Park in Tanzania; care physician fee schedule. ment of a Home Star Retrofit Rebate to the Committee on the Judiciary. S. 1273 Program, and for other purposes. By Mr. WICKER (for himself, Ms. ORGAN S. 3570 LANDRIEU, Mr. COCHRAN, Mr. CORNYN, At the request of Mr. D , the Mrs. HUTCHISON, Mr. LEMIEUX, Mr. name of the Senator from New Jersey At the request of Ms. MURKOWSKI, the NELSON of Florida, Mr. SESSIONS, Mr. (Mr. MENENDEZ) was added as a cospon- name of the Senator from Idaho (Mr. SHELBY, and Mr. VITTER): sor of S. 1273, a bill to amend the Pub- RISCH) was added as a cosponsor of S.

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.026 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5851 3570, a bill to improve hydropower, and the Small Business Lending Fund Pro- ply with the law and to make certain for other purposes. gram to direct the Secretary of the that data security procedures are uni- S. 3575 Treasury to make capital investments formly applied. At the request of Mr. DURBIN, the in eligible institutions in order to in- Lastly, we need to replace the cur- name of the Senator from Tennessee crease the availability of credit for rent patchwork of State and Federal (Mr. CORKER) was added as a cosponsor small businesses, to amend the Inter- regulations for identity theft with a of S. 3575, a bill to amend and reauthor- nal Revenue Code of 1986 to provide tax national law, like this one, that pro- ize the controlled substance moni- incentives for small business job cre- vides uniform protections across the toring program under section 399O of ation, and for other purposes. country. Our comprehensive approach the Public Health Service Act and to AMENDMENT NO. 4464 will better serve consumers by making authorize the Secretary of Veterans Af- At the request of Mr. DEMINT, the it easier for businesses and government fairs to share information about the name of the Senator from Georgia (Mr. agencies to take the steps necessary to use of controlled substances by vet- ISAKSON) was added as a cosponsor of adequately protect all Americans from erans with State prescription moni- amendment No. 4464 intended to be pro- identity theft and account fraud. I look forward to working with my toring programs to prevent misuse and posed to H.R. 5297, an act to create the colleagues to get this important and diversion of prescription medicines. Small Business Lending Fund Program necessary bill enacted before it is too to direct the Secretary of the Treasury S. RES. 519 late. I think everyone can agree that to make capital investments in eligible At the request of Mr. DEMINT, the our identities and bank accounts are institutions in order to increase the names of the Senator from Kansas (Mr. some of the most important aspects of availability of credit for small busi- BROWNBACK) and the Senator from Kan- our lives and that, if stolen, can at a nesses, to amend the Internal Revenue sas (Mr. ROBERTS) were added as co- minimum make life extremely dif- Code of 1986 to provide tax incentives sponsors of S. Res. 519, a resolution ex- ficult. pressing the sense of the Senate that for small business job creation, and for Mr. President, I ask unanimous con- the primary safeguard for the well- other purposes. sent that the text of the bill be printed being and protection of children is the f in the RECORD. family, and that the primary safe- STATEMENTS ON INTRODUCED There being no objection, the text of guards for the legal rights of children BILLS AND JOINT RESOLUTIONS the bill was ordered to be printed in in the United States are the Constitu- the RECORD, as follows: By Mr. CARPER (for himself and tions of the United States and the sev- S. 3579 Mr. BENNETT): eral States, and that, because the use Be it enacted by the Senate and House of Rep- of international treaties to govern pol- S. 3579. A bill to protect information resentatives of the United States of America in icy in the United States on families relating to consumers, to require no- Congress assembled, and children is contrary to principles tice of security breaches, and for other SECTION 1. SHORT TITLE. of self-government and federalism, and purposes; to the Committee on Bank- This Act may be cited as the ‘‘Data Secu- that, because the United Nations Con- ing, Housing, and Urban Affairs. rity Act of 2010’’. vention on the Rights of the Child un- Mr. CARPER. Mr. President, I rise SEC. 2. DEFINITIONS. today with my colleague Senator BEN- For purposes of this Act, the following dermines traditional principles of law definitions shall apply: in the United States regarding parents NETT to introduce an important and bipartisan piece of legislation that will (1) AFFILIATE.—The term ‘‘affiliate’’ means and children, the President should not any company that controls, is controlled by, help protect American’s from identity transmit the Convention to the Senate or is under common control with another for its advice and consent. and financial theft. company. As you may have heard in the news, AMENDMENT NO. 4417 (2) AGENCY.—The term ‘‘agency’’ has the in 2009 Heartland Payment Systems—a same meaning as in section 551(1) of title 5, At the request of Mr. BAUCUS, the national company that processes pay- United States Code. name of the Senator from New Mexico ments for retailers and restaurants lo- (3) BREACH OF DATA SECURITY.— (Mr. UDALL) was added as a cosponsor cated in nearly all 50 states—was (A) IN GENERAL.—The term ‘‘breach of data of amendment No. 4417 intended to be hacked, leaving possibly 100 million security’’ means the unauthorized acquisi- proposed to H.R. 5297, an act to create people at risk of identity fraud or fi- tion of sensitive account information or sensitive personal information. the Small Business Lending Fund Pro- nancial theft. These types of scenarios gram to direct the Secretary of the (B) EXCEPTION FOR DATA THAT IS NOT IN US- happen more than we would like and ABLE FORM.— Treasury to make capital investments have the potential to keep American’s in eligible institutions in order to in- (i) IN GENERAL.—The term ‘‘breach of data from getting a loan, a new bank ac- security’’ does not include the unauthorized crease the availability of credit for count, or—in worst case scenarios— acquisition of sensitive account information small businesses, to amend the Inter- from even paying the monthly bills. or sensitive personal information that is nal Revenue Code of 1986 to provide tax This situation is simply unacceptable maintained or communicated in a manner incentives for small business job cre- and this bill will help address these se- that is not usable— (I) to commit identity theft; or ation, and for other purposes. rious problems. AMENDMENT NO. 4442 (II) to make fraudulent transactions on fi- Our bill requires entities such as financial accounts. At the request of Mr. BURRIS, the nancial institutions, retailers, and Fed- (ii) RULE OF CONSTRUCTION.—For purposes name of the Senator from Louisiana eral agencies to safeguard sensitive in- of this subparagraph, information that is (Ms. LANDRIEU) was added as a cospon- formation before it is compromised, in- maintained or communicated in a manner sor of amendment No. 4442 intended to vestigate possible security breaches, that is not usable includes any information be proposed to H.R. 5297, an act to cre- and to notify customers when there is that is maintained or communicated in an ate the Small Business Lending Fund a substantial risk of identity theft or encrypted, redacted, altered, edited, or coded Program to direct the Secretary of the account fraud. form. (4) COMMISSION.—The term ‘‘Commission’’ Treasury to make capital investments For example, these new requirements in eligible institutions in order to in- means the Federal Trade Commission. would apply to retailers who take cred- (5) CONSUMER.—The term ‘‘consumer’’ crease the availability of credit for it card information, data brokers who means an individual. small businesses, to amend the Inter- compile private information, and gov- (6) CONSUMER REPORTING AGENCY THAT COM- nal Revenue Code of 1986 to provide tax ernment agencies that possess non- PILES AND MAINTAINS FILES ON CONSUMERS ON incentives for small business job cre- public personal information. A NATIONWIDE BASIS.—The term ‘‘consumer ation, and for other purposes. My colleague and I modeled our leg- reporting agency that compiles and main- AMENDMENT NO. 4453 islation after the data security and tains files on consumers on a nationwide basis’’ has the same meaning as in section At the request of Mr. THUNE, the breach-response regime established 603(p) of the Fair Credit Reporting Act (15 name of the Senator from Kentucky under the Gramm-Leach-Bliley Act of U.S.C. 1681a(p)). (Mr. BUNNING) was added as a cosponsor 1999, and subsequent regulations. It (7) COVERED ENTITY.— of amendment No. 4453 intended to be also builds on existing law to better en- (A) IN GENERAL.—The term ‘‘covered enti- proposed to H.R. 5297, an act to create sure federal and state regulators com- ty’’ means any—

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.028 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5852 CONGRESSIONAL RECORD — SENATE July 14, 2010 (i) entity, the business of which is engag- substantial harm or inconvenience to the (B) subsections (b) and (c), and any regula- ing in financial activities, as described in consumer to whom such information relates. tions prescribed under such subsections, if section 4(k) of the Bank Holding Company (2) LIMITATION.—Any policy or procedure such institution— Act of 1956 (12 U.S.C. 1843(k)); implemented or maintained under paragraph (i)(I) maintains policies and procedures to (ii) financial institution, including any in- (1) shall be appropriate to the— investigate and provide notice to consumers stitution described in section 313.3(k) of title (A) size and complexity of a covered entity; of breaches of data security that are con- 16, Code of Federal Regulations, as in effect (B) nature and scope of the activities of sistent with the policies and procedures of on the date of enactment of this Act; such entity; and such institution that are designed to comply (iii) entity that maintains or otherwise (C) sensitivity of the consumer informa- with the investigation and notice require- possesses information that is subject to section to be protected. ments established by regulations or guidance tion 628 of the Fair Credit Reporting Act (15 (b) INVESTIGATION REQUIRED.— under section 501(b) of the Gramm-Leach- U.S.C. 1681w); or (1) IN GENERAL.—If a covered entity deter- Bliley Act (15 U.S.C. 6801(b)) that are appli- (iv) other individual, partnership, corpora- mines that a breach of data security has or cable to such institution; or tion, trust, estate, cooperative, association, may have occurred in relation to sensitive (II) is an affiliate of a bank holding com- or entity that maintains or communicates account information or sensitive personal in- pany that maintains policies and procedures sensitive account information or sensitive formation that is maintained or is being to investigate and provide notice to con- personal information. communicated by, or on behalf of, such cov- sumers of breaches of data security that are (B) EXCEPTION.—The term ‘‘covered enti- ered entity, the covered entity shall conduct consistent with the policies and procedures ty’’ does not include any agency or any other an investigation— of a bank that is an affiliate of such institu- unit of Federal, State, or local government (A) to assess the nature and scope of the tion, and that bank’s policies and procedures or any subdivision of such unit. breach; are designed to comply with the investiga- (8) FINANCIAL INSTITUTION.—The term ‘‘fi- (B) to identify any sensitive account infor- tion and notice requirements established by nancial institution’’ has the same meaning mation or sensitive personal information any regulations or guidance under section as in section 509 of the Gramm-Leach-Bliley that may have been involved in the breach; 501(b) of the Gramm-Leach-Bliley Act (15 Act (15 U.S.C. 6809). and U.S.C. 6801(b)) that are applicable to that (9) SENSITIVE ACCOUNT INFORMATION.—The (C) to determine if such information is rea- bank; and term ‘‘sensitive account information’’ means sonably likely to be misused in a manner (ii) provides for notice to the entities de- a financial account number relating to a causing substantial harm or inconvenience scribed under subparagraphs (B), (C), and (D) consumer, including a credit card number or to the consumers to whom the information of subsection (c)(1), if notice is provided to debit card number, in combination with any relates. consumers pursuant to the policies and pro- security code, access code, password, or (2) NEURAL NETWORKS AND INFORMATION SE- cedures of such institution described in other personal identification information re- CURITY PROGRAMS.—In determining the like- clause (i). quired to access the financial account. lihood of misuse of sensitive account infor- (2) DEFINITIONS.—For purposes of this sub- (10) SENSITIVE PERSONAL INFORMATION.— mation under paragraph (1)(C), a covered en- section, the terms ‘‘bank holding company’’ (A) IN GENERAL.—The term ‘‘sensitive per- tity shall consider whether any neural net- and ‘‘bank’’ shall have the same meaning sonal information’’ means the first and last work or security program has detected, or is given such terms under section 2 of the Bank name, address, or telephone number of a con- likely to detect or prevent, fraudulent trans- Holding Company Act of 1956 (12 U.S.C. 1841). sumer, in combination with any of the following relating to such consumer: actions resulting from the breach of secu- SEC. 4. IMPLEMENTING REGULATIONS. (i) Social security account number. rity. (a) IN GENERAL.—Except as provided under (ii) Driver’s license number or equivalent (c) NOTICE REQUIRED.—If a covered entity section 6, the agencies and authorities iden- State identification number. determines under subsection (b)(1)(C) that tified in section 5, with respect to the cov- (iii) Taxpayer identification number. sensitive account information or sensitive ered entities that are subject to the respec- (B) EXCEPTION.—The term ‘‘sensitive per- personal information involved in a breach of tive enforcement authority of such agencies sonal information’’ does not include publicly data security is reasonably likely to be mis- and authorities, shall prescribe regulations available information that is lawfully made used in a manner causing substantial harm to implement this Act. available to the general public from— or inconvenience to the consumers to whom (b) COORDINATION.—Each agency and au- (i) Federal, State, or local government the information relates, such covered entity, thority required to prescribe regulations records; or or a third party acting on behalf of such cov- under subsection (a) shall consult and co- (ii) widely distributed media. ered entity, shall— ordinate with each other agency and author- (11) SUBSTANTIAL HARM OR INCONVEN- (1) notify, in the following order— ity identified in section 5 so that, to the ex- IENCE.— (A) the appropriate agency or authority tent possible, the regulations prescribed by (A) IN GENERAL.—The term ‘‘substantial identified in section 5; each agency and authority are consistent harm or inconvenience’’ means— (B) an appropriate law enforcement agen- and comparable. (i) material financial loss to, or civil or cy; (c) METHOD OF PROVIDING NOTICE TO CON- criminal penalties imposed on, a consumer, (C) any entity that owns, or is obligated SUMERS.—The regulations required under due to the unauthorized use of sensitive ac- on, a financial account to which the sen- subsection (a) shall— count information or sensitive personal in- sitive account information relates, if the (1) prescribe the methods by which a cov- formation relating to such consumer; or breach involves a breach of sensitive account ered entity shall notify a consumer of a (ii) the need for a consumer to expend sig- information; breach of data security under section 3; and nificant time and effort to correct erroneous (D) each consumer reporting agency that (2) allow a covered entity to provide such information relating to the consumer, in- compiles and maintains files on consumers notice by— cluding information maintained by a con- on a nationwide basis, if the breach involves (A) written, telephonic, or e-mail notifica- sumer reporting agency, financial institu- sensitive personal information relating to tion; or tion, or government entity, in order to avoid 5,000 or more consumers; and (B) substitute notification, if providing material financial loss, increased costs, or (E) all consumers to whom the sensitive written, telephonic, or e-mail notification is civil or criminal penalties, due to the unau- account information or sensitive personal in- not feasible due to— thorized use of sensitive account information formation relates; and (i) lack of sufficient contact information or sensitive personal information relating to (2) take reasonable measures to restore the for the consumers that must be notified; or such consumer. security and confidentiality of the sensitive (ii) excessive cost to the covered entity. (B) EXCEPTION.—The term ‘‘substantial account information or sensitive personal in- (d) CONTENT OF CONSUMER NOTICE.—The harm or inconvenience’’ does not include— formation involved in the breach. regulations required under subsection (a) (i) changing a financial account number or (d) COMPLIANCE.— shall— closing a financial account; or (1) IN GENERAL.—A financial institution (1) prescribe the content that shall be in- (ii) harm or inconvenience that does not shall be deemed to be in compliance with— cluded in a notice of a breach of data secu- result from identity theft or account fraud. (A) subsection (a), and any regulations pre- rity that is required to be provided to con- SEC. 3. PROTECTION OF INFORMATION AND SE- scribed under such subsection, if such insti- sumers under section 3; and CURITY BREACH NOTIFICATION. tution maintains policies and procedures to (2) require such notice to include— (a) SECURITY PROCEDURES REQUIRED.— protect the confidentiality and security of (A) a description of the type of sensitive (1) IN GENERAL.—Each covered entity shall sensitive account information and sensitive account information or sensitive personal in- implement, maintain, and enforce reasonable personal information that are consistent formation involved in the breach of data se- policies and procedures to protect the con- with the policies and procedures of such in- curity; fidentiality and security of sensitive account stitution that are designed to comply with (B) a general description of the actions information and sensitive personal informa- the requirements of section 501(b) of the taken by the covered entity to restore the tion which is maintained or is being commu- Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)) security and confidentiality of the sensitive nicated by or on behalf of a covered entity, and any regulations or guidance prescribed account information or sensitive personal in- from the unauthorized use of such informa- under that section that are applicable to formation involved in the breach of data se- tion that is reasonably likely to result in such institution; and curity; and

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.036 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5853 (C) the summary of rights of victims of (4) the Investment Company Act of 1940 (15 that sensitive account information or sen- identity theft prepared by the Commission U.S.C. 80a–1 et seq.), by the Securities and sitive personal information that is main- under section 609(d) of the Fair Credit Re- Exchange Commission with respect to any tained or is being communicated by, or on porting Act (15 U.S.C. 1681g), if the breach of investment company; behalf of, such agency— data security involves sensitive personal in- (5) the Investment Advisers Act of 1940 (15 (1) has been acquired without authoriza- formation. U.S.C. 80b–1 et seq.), by the Securities and tion; and (e) TIMING OF NOTICE.—The regulations re- Exchange Commission with respect to any (2) is reasonably likely to be misused in a quired under subsection (a) shall establish investment adviser registered with the Secu- manner causing substantial harm or incon- standards for when a covered entity shall rities and Exchange Commission under that venience to the consumers to whom the in- provide any notice required under section 3. Act; formation relates. (f) LAW ENFORCEMENT DELAY.—The regula- (6) the Commodity Exchange Act (7 U.S.C. SEC. 7. RELATION TO STATE LAW. tions required under subsection (a) shall 1 et seq.), by the Commodity Futures Trad- allow a covered entity to delay providing no- No requirement or prohibition may be im- ing Commission with respect to any futures posed under the laws of any State with re- tice of a breach of data security to con- commission merchant, commodity trading sumers under section 3 if a law enforcement spect to the responsibilities of any person advisor, commodity pool operator, or intro- to— agency requests such a delay in writing. ducing broker; (g) SERVICE PROVIDERS.—The regulations (1) protect the security of information re- (7) the provisions of title XIII of the Hous- required under subsection (a) shall— lating to consumers that is maintained or ing and Community Development Act of 1992 (1) require any party that maintains or communicated by, or on behalf of, such per- (12 U.S.C. 4501 et seq.), by the Director of communicates sensitive account information son; Federal Housing Enterprise Oversight (and or sensitive personal information on behalf (2) safeguard information relating to con- any successor to such functional regulatory of a covered entity to provide notice to that sumers from potential misuse; agency) with respect to the Federal National covered entity if such party determines that (3) investigate or provide notice of the un- Mortgage Association, the Federal Home a breach of data security has, or may have, authorized access to information relating to Loan Mortgage Corporation, and any other occurred with respect to such information; consumers, or the potential misuse of such entity or enterprise (as defined in that title) and information for fraudulent, illegal, or other subject to the jurisdiction of such functional (2) ensure that there is only 1 notification purposes; or regulatory agency under that title, including responsibility with respect to a breach of (4) mitigate any loss or harm resulting any affiliate of any such enterprise; data security. from the unauthorized access or misuse of (8) State insurance law, in the case of any (h) TIMING OF REGULATIONS.—The regula- information relating to consumers. person engaged in providing insurance, by tions required under subsection (a) shall— SEC. 8. DELAYED EFFECTIVE DATE FOR CERTAIN (1) be issued in final form not later than 6 the applicable State insurance authority of PROVISIONS. the State in which the person is domiciled; months after the date of enactment of this (a) COVERED ENTITIES.—Sections 3 and 7 Act; and and shall take effect on the later of— (2) take effect not later than 6 months (9) the Federal Trade Commission Act (15 (1) 1 year after the date of enactment of after the date on which they are issued in U.S.C. 41 et seq.), by the Commission for any this Act; or final form. other covered entity that is not subject to (2) the effective date of the final regula- the jurisdiction of any agency or authority SEC. 5. ADMINISTRATIVE ENFORCEMENT. tions required under section 4. described under paragraphs (1) through (8). (a) IN GENERAL.—Section 3, and the regula- (b) AGENCIES.—Section 6 shall take effect 1 (b) EXTENSION OF FEDERAL TRADE COMMIS- tions required under section 4, shall be en- year after the date of enactment of this Act. SION ENFORCEMENT AUTHORITY.—The author- forced exclusively under— ity of the Commission to enforce compliance (1) section 8 of the Federal Deposit Insur- with section 3, and the regulations required By Mr. LUGAR: ance Act (12 U.S.C. 1818), in the case of— under section 4, under subsection (a)(8) S. 3581. A bill to implement certain (A) a national bank, a Federal branch or shall— defense trade treaties; to the Com- Federal agency of a foreign bank, or any sub- (1) notwithstanding the Federal Aviation mittee on Foreign Relations. sidiary thereof (other than a broker, dealer, Act of 1958 (49 U.S.C. App. 1301 et seq.), in- Mr. LUGAR. Mr. President, I rise person providing insurance, investment com- clude the authority to enforce compliance by pany, or investment adviser), by the Office of today to introduce the Defense Trade air carriers and foreign air carriers; and Treaty Implementation Act of 2010. the Comptroller of the Currency; (2) notwithstanding the Packers and (B) a member bank of the Federal Reserve The purpose of this bill is to provide Stockyards Act (7 U.S.C. 181 et seq.), include authority to implement two treaties on System (other than a national bank), a the authority to enforce compliance by per- branch or agency of a foreign bank (other sons, partnerships, and corporations subject defense trade cooperation currently than a Federal branch, Federal agency, or in- to the provisions of that Act. pending before the Senate—one with sured State branch of a foreign bank), a com- (c) NO PRIVATE RIGHT OF ACTION.— the United Kingdom and one with Aus- mercial lending company owned or con- (1) IN GENERAL.—This Act, and the regula- tralia. These treaties would facilitate trolled by a foreign bank, an organization tions prescribed under this Act, may not be defense cooperation with two close al- operating under section 25 or 25A of the Fed- construed to provide a private right of ac- eral Reserve Act (12 U.S.C. 601,604), or a bank lies by eliminating licensing require- tion, including a class action with respect to ments for certain categories of defense holding company and its nonbank subsidiary any act or practice regulated under this Act. or affiliate (other than a broker, dealer, per- (2) CIVIL AND CRIMINAL ACTIONS.—No civil articles. son providing insurance, investment com- or criminal action relating to any act or I have long supported the objectives pany, or investment adviser), by the Board of practice governed under this Act, or the reg- of these treaties. Indeed, in 2003—be- Governors of the Federal Reserve System; ulations prescribed under this Act, shall be fore the treaties were negotiated—I in- (C) a bank, the deposits of which are in- commenced or maintained in any State troduced legislation that would have sured by the Federal Deposit Insurance Cor- court or under State law, including a pend- provided the President the authority to poration (other than a member of the Fed- ent State claim to an action under Federal eral Reserve System), an insured State waive licensing requirements for simi- law. lar defense trade with the United King- branch of a foreign bank, or any subsidiary SEC. 6. PROTECTION OF INFORMATION AT FED- thereof (other than a broker, dealer, person ERAL AGENCIES. dom and Australia. providing insurance, investment company, or (a) DATA SECURITY STANDARDS.—Each Subsequently, the Bush administra- investment adviser), by the Board of Direc- agency shall implement appropriate stand- tion negotiated these treaties, and tors of the Federal Deposit Insurance Cor- ards relating to administrative, technical, they were submitted to the Senate in poration; and and physical safeguards— 2007. To date, the Senate has not been (D) a savings association, the deposits of (1) to insure the security and confiden- able to act on the treaties, in signifi- which are insured by the Federal Deposit In- tiality of the sensitive account information cant part because of confusion and un- surance Corporation, or any subsidiary and sensitive personal information that is thereof (other than a broker, dealer, person maintained or is being communicated by, or certainty about how they would be im- providing insurance, investment company, or on behalf of, that agency; plemented and enforced in U.S. law. investment adviser), by the Director of the (2) to protect against any anticipated This legislation would address the Office of Thrift Supervision; threats or hazards to the security of such in- problem by providing clear legislative (2) the Federal Credit Union Act (12 U.S.C. formation; and authority under the Arms Export Con- 1751 et seq.), by the National Credit Union (3) to protect against misuse of such infor- trol Act to implement and enforce the Administration Board with respect to any mation, which could result in substantial treaties. In particular, it would provide federally insured credit union; harm or inconvenience to a consumer. authority to exempt from licensing re- (3) the Securities Exchange Act of 1934 (15 (b) SECURITY BREACH NOTIFICATION STAND- U.S.C.78a et seq.), by the Securities and Ex- ARDS.—Each agency shall implement appro- quirements under the Arms Export change Commission with respect to any priate standards providing for notification of Control Act exports of defense articles broker or dealer; consumers when such agency determines made in connection with the treaties.

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.036 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5854 CONGRESSIONAL RECORD — SENATE July 14, 2010 It would provide authority for the SEC. 3. ENFORCEMENT. provisions of the Arms Export Control Act, President to issue regulations pursuant (a) CRIMINAL VIOLATIONS.—Section 38(c) of as amended by this Act, and with the terms to the Arms Export Control Act to im- such Act is amended by striking ‘‘this sec- of any resolution of advice and consent plement and enforce the treaties. It tion or section 39, or any rule or regulation adopted by the Senate with respect to either issued under either section’’ and inserting treaty. would provide authority to allow viola- ‘‘this section, section 39, a treaty referred to SEC. 6. RULE OF CONSTRUCTION. tions or abuses of the treaty to be pros- in subsection (j)(1)(C), or any rule or regula- Nothing in this Act, or in the Treaty Be- ecuted under enforcement provisions of tion issued under this section or section 39, tween the Government of the United States the Arms Export Control Act. It would including any rule or regulation issued under of America and the Government of the provide for notification to the Congress this section to implement or enforce a treaty United Kingdom of Great Britain and North- of significant exports of defense arti- referred to in subsection (j)(1)(C) or an im- ern Ireland Concerning Defense Trade Co- cles made pursuant to the treaties. plementing arrangement pursuant to such operation, done at Washington and London treaty’’. on June 21 and 26, 2007 (and any imple- Previous efforts by both the Bush and (b) ENFORCEMENT POWERS OF PRESIDENT.— menting arrangement thereto), or in the Obama administrations to develop a Section 38(e) of such Act is amended by Treaty Between the Government of the viable approach for implementing and striking ‘‘defense services,’’ and inserting United States of America and the Govern- enforcing the treaties without new leg- ‘‘defense services, including defense articles ment of Australia Concerning Defense Trade islation have been unsuccessful to date, and defense services exported or imported Cooperation, done at Sydney, September 23, and have created unfortunate delays in pursuant to a treaty referred to in sub- 2007 (and any implementing arrangement bringing these treaties into force. I be- section (j)(1)(C),’’. thereto), or in any regulation issued to implement either treaty, shall be construed to lieve that this legislation will put the (c) NOTIFICATION REGARDING EXEMPTIONS FROM LICENSING REQUIREMENTS.—Section modify or supersede any provision of law or implementation and enforcement of 38(f) of such Act is amended by adding at the regulation other than the Arms Export Con- the treaties on a far sounder and more end the following new paragraph: trol Act (22 U.S.C. 2751 et seq.), as amended certain footing, and eliminate the con- ‘‘(4) Paragraph (2) shall not apply with re- by this Act, and regulations issued pursuant fusion that has led to these delays. spect to an exemption under subsection to such Act. I look forward to working with other (j)(1)(A) to give effect to a treaty referred to members and with the administration in subsection (j)(1)(C) (and any implementing By Mr. UDALL of Colorado (for on this legislation. It is my hope that arrangements to such treaty), provided that himself and Mr. BENNET): the President promulgates regulations to im- S. 3585. A bill to amend title 10, passage of this legislation, together plement and enforce such treaty under this United States Code, to reform Depart- with a resolution of advice and consent section and section 39.’’. ment of Defense energy policy, and for to the treaties containing appropriate SEC. 4. CONGRESSIONAL NOTIFICATION. other purposes; to the Committee on protections for the Senate’s role in (a) ELIGIBILITY FOR DEFENSE ARTICLES OR Armed Services. overseeing arms exports and approving DEFENSE ARTICLES.—Section 3(d)(3)(A) of Mr. UDALL of Colorado. Mr. Presi- significant future changes to the trea- such Act (22 U.S.C. 2753(d)(3)(A)) is amended dent, today I am introducing legisla- ty regime, may allow the treaties to by inserting after ‘‘approved under section 38 tion to help the Pentagon turn energy enter into force this year. of this Act’’ the following: ‘‘or has been exempted from the licensing requirements of from a source of risk to a source of ad- Mr. President, I ask unanimous con- vantage. The Department of Defense, sent that the text of the bill be printed this Act pursuant to section 38(j) of this Act’’. DOD, Energy Security Act would de- in the RECORD. (b) PRESIDENTIAL CERTIFICATIONS.— crease the Pentagon’s consumption of There being no objection, the text of (1) EXPORT LICENSES.—Section 36(c) of such petroleum, reduce reliance on the grid, the bill was ordered to be printed in Act (22 U.S.C. 2776(c)) is amended by adding and help plan for the future. All of this the RECORD, as follows: at the end the following new paragraph: would help achieve an important goal S. 3581 ‘‘(6) An export pursuant to a treaty re- that we all support: enhancing our na- ferred to in section 38(j)(1)(C) of this Act to tional security. Be it enacted by the Senate and House of Rep- which the provisions of paragraph (1) would resentatives of the United States of America in apply absent an exemption granted under I am grateful to my former colleague Congress assembled, section 38(j)(1) of this Act shall not take on the House Armed Services Com- SECTION 1. SHORT TITLE. place until 15 days after the President has mittee, Representative GABRIELLE GIF- This Act may be cited as the ‘‘Defense submitted a certification with respect to FORDS of Arizona, who introduced the Trade Treaty Implementation Act of 2010’’. such export in a similar manner, and con- counterpart bill in the House of Rep- SEC. 2. EXEMPTION FROM REQUIREMENTS FOR taining comparable information, as required resentatives. I am also grateful to Sen- BILATERAL AGREEMENTS. under paragraph (1).’’. ator BENNET for cosponsoring this leg- Section 38(j)(1) of the Arms Export Control (2) COMMERCIAL TECHNICAL ASSISTANCE OR islation. I look forward to continuing Act (22 U.S.C. 2778(j)(1)) is amended— MANUFACTURING LICENSING AGREEMENTS.— to work with both of them on this im- Section 36(d) of such Act (22 U.S.C. 2776(d)) is (1) in the subparagraph heading for sub- portant legislation and on this impor- paragraph (B), by inserting ‘‘FOR CANADA’’ amended by adding at the end the following new paragraph: tant issue. after ‘‘EXCEPTION’’; and As a member of the Senate Armed (2) by adding at the end the following new ‘‘(6) An export pursuant to a treaty re- subparagraph: ferred to in section 38(j)(1)(C) of this Act to Services Committee and of the Energy ‘‘(C) EXCEPTION FOR DEFENSE TRADE CO- which the provisions of paragraph (1) would and Natural Resources Committee, I OPERATION TREATIES.—The requirement to apply absent an exemption granted under have focused on the intersection of de- conclude a bilateral agreement in accord- section 38(j)(1) of this Act shall not take fense and energy for some time. ance with subparagraph (A) shall not apply place until 15 days after the President has The United States is the world’s larg- with respect to an exemption from the li- submitted a certification with respect to est consumer of energy. We depend on censing requirements of this Act for the ex- such export in a similar manner, and con- foreign imports for nearly 60 percent of port of defense items to give effect to any of taining comparable information, as required our oil. Nearly every military chal- under paragraph (1).’’. the following defense trade cooperation trea- lenge we face is either derived from or SEC. 5. IMPLEMENTING REGULATIONS. ties, provided that the treaty has entered impacted by our reliance on fossil fuels into force pursuant to Article II, Section 2, The President is authorized to issue regu- clause 2 of the Constitution of the United lations pursuant to the Arms Export Control and foreign energy sources. States: Act (22 U.S.C. 2751 et seq.) to implement and The Pentagon is a large microcosm of ‘‘(i) The Treaty Between the Government enforce the Treaty Between the Government this even larger problem. The U.S. of the United States of America and the Gov- of the United States of America and the Gov- military is the single largest consumer ernment of the United Kingdom of Great ernment of the United Kingdom of Great of energy in the world—consuming Britain and Northern Ireland Concerning De- Britain and Northern Ireland Concerning De- more energy per day than 85 percent of fense Trade Cooperation, done at Washington fense Trade Cooperation, done at Washington the world’s countries. It is the largest and London June 21 and 26, 2007 (and any im- and London June 21 and 26, 2007 (and any im- electricity consumer in the federal plementing arrangement thereto). plementing arrangement thereto), and the government and the single largest ‘‘(ii) The Treaty Between the Government Treaty Between the Government of the of the United States of America and the Gov- United States of America and the Govern- buyer of fuel in the United States— ernment of Australia Concerning Defense ment of Australia Concerning Defense Trade using 2 percent of our total national Trade Cooperation, done at Sydney Sep- Cooperation, done at Sydney September 23, consumption. tember 23, 2007 (and any implementing ar- 2007 (and any implementing arrangement Energy supply security affects DOD’s rangement thereto).’’. thereto), consistent with other applicable ability to accomplish its mission, and

VerDate Mar 15 2010 03:09 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.051 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5855 efforts to secure supply lines and de- There being no objection, the text of (A) the date that is 4 years after the date liver fuel in-theater directly result in the bill was ordered to be printed in the loan is made; or the deaths of service members charged the RECORD, as follows: (B) the date on which the geothermal facility enters into commercial production. with protecting it. But our military’s S. 3586 (2) TERM.— reliance is not just on the battlefield. Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—Except as provided in At home, defense facilities rely on a resentatives of the United States of America in subparagraph (B), the term of a loan made fragile national grid, leaving critical Congress assembled, under this section shall be 4 years beginning assets vulnerable. The Defense Science SECTION 1. SHORT TITLE. on the applicable loan repayment commence- Board found in its 2008 report ‘‘More This Act may be cited as the ‘‘Geothermal ment date under paragraph (1). Fight—Less Fuel’’ that ‘‘critical na- Exploration Act of 2010’’. (B) EXTENSION.—The Secretary may extend tional security and homeland defense SEC. 2. GEOTHERMAL EXPLORATORY DRILLING the term of a loan under this section for not missions are at an unacceptably high LOAN PROGRAM. more than 4 years. (a) DEFINITIONS.—In this section: (3) USE OF LOAN REPAYMENTS.—Amounts re- risk of extended outage from failure of paid on loans made under this section shall the grid.’’ (1) FUND.—The term ‘‘Fund’’ means the Geothermal Investment Fund established be deposited in the Fund. The Pentagon’s energy consumption under subsection (h). (h) GEOTHERMAL INVESTMENT FUND.— has serious national security implica- (2) PROGRAM.—The term ‘‘program’’ means (1) ESTABLISHMENT OF FUND.—There is es- tions, but it also presents opportuni- the direct loan program for high risk geo- tablished in the Treasury of the United ties. As the Logistics Management In- thermal exploration wells established under States a fund to be known as the ‘‘Geo- stitute wrote, ‘‘Aggressively devel- this section. thermal Investment Fund’’, to be administered by the Secretary, to be available with- oping and applying energy-saving tech- (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Energy out fiscal year limitation and not subject to nologies to military applications would appropriation, to carry out this section. potentially do more to solve the most (b) ESTABLISHMENT.—The Secretary shall establish a direct loan program for high risk (2) TRANSFERS TO FUND.—The Fund shall pressing long-term challenges facing geothermal exploration wells. consist of such amounts as are appropriated DOD and our national security than (c) APPLICATIONS.—An applicant that seeks to the Fund under subsection (j). any other single investment area.’’ to receive a loan under the program may (3) PROHIBITION.—Amounts in the Fund That is why I am introducing this submit to the Secretary an application for may not be made available for any purpose legislation. The Department of Defense the loan at such time, in such form, and con- other than a purpose described in paragraph Energy Security Act addresses energy taining such information as the Secretary (1). (4) ANNUAL REPORTS.— supply and use by decreasing consump- may prescribe. (d) PROJECT CRITERIA.— (A) IN GENERAL.—Not later than 60 days tion by facilities and vehicles and in- after the end of each fiscal year beginning creasing the use of renewable elec- (1) IN GENERAL.—In selecting applicants for loans under this section to carry out projects with fiscal year 2011, the Secretary of Energy tricity sources to relieve the Depart- under the program, the Secretary shall con- shall submit to the the Committee on En- ment’s reliance on external power sider— ergy and Natural Resources of the Senate sources. In addition, the bill sets over- (A) the potential for unproven geothermal and the Committee on Energy and Commerce arching policies to implement sustain- resources that would be explored and devel- of the House of Representatives a report on able acquisition practices, sets new oped under a project; the operation of the Fund during the fiscal year. DOD Energy Performance Goals, and (B) the expertise and experience of an applicant in developing geothermal resources; (B) CONTENTS.—Each report shall include, requires DOD to develop an Energy for the fiscal year covered by the report, the Performance Plan and an implementa- and (C) the importance of the project in meet- following: tion assessment for accomplishing its ing the goals of the Department of Energy. (i) A statement of the amounts deposited goal of deriving 25 percent of its elec- (2) PREFERENCE.—In selecting applicants into the Fund. tricity from renewable sources by 2025. for loans under this section to carry out (ii) A description of the expenditures made Utilizing alternative energy sources projects under the program, the Secretary from the Fund for the fiscal year, including and energy efficiency technologies can shall provide a preference for previously un- the purpose of the expenditures. (iii) Recommendations for additional au- help our military increase energy reli- explored, underexplored, or unproven geothermal resources in a variety of geologic thorities to fulfill the purpose of the Fund. ability and reduce its dependence on (iv) A statement of the balance remaining oil; improve efficiency in operations, and geographic settings. (e) DATA SHARING.—Data from all explor- in the Fund at the end of the fiscal year. (i) GUIDELINES.—Not later than 180 days platforms, and vehicles; reduce the atory wells that are carried out under the after the date of enactment of this Act, the costs to taxpayers of military-con- program shall be provided to the Secretary Secretary shall develop guidelines for the sumed electricity and fuel; expand and the Secretary of the Interior for use in implementation of the program. portable clean technology options for mapping national geothermal resources and (j) AUTHORIZATION OF APPROPRIATIONS.— use in combat and logistics; act as an other uses, including— There are authorized to be appropriated to anchor customer for the alternative (1) subsurface geologic data; carry out this section such sums as are nec- fuels and energy efficiency industries; (2) metadata; essary for each of fiscal years 2011 through and reduce grid vulnerabilities at our (3) borehole temperature data; and 2020. (4) inclusion in the National Geothermal military installations. Data System of the Department of Energy. By Mr. REID (for himself and Mr. Reducing our reliance on fossil fuels (f) ADMINISTRATION.— and foreign sources of energy is a goal TESTER): (1) COST SHARE.— S. 3587. A bill to require the Sec- we all share. Helping the Defense De- (A) IN GENERAL.—The Secretary shall de- retary of the Interior to establish a partment achieve this goal should be a termine the cost share for a loan made under competitive leasing program for wind national priority. I urge my col- this section. and solar energy development on Fed- leagues—of both parties—to join me in (B) HIGHER RISKS.—The Secretary may eral land, and for other purposes; to supporting this legislation. base the cost share percentage for loans made under this section on a sliding scale, the Committee on Energy and Natural By Mr. REID (for himself, Mr. with higher Federal shares awarded to Resources. projects with higher risks. TESTER, Mr. MERKLEY, Mr. Mr. REID. Mr. President, I ask unan- (2) NUMBER OF WELLS.—The Secretary shall imous consent that the text of the bill UDALL of Colorado, and Mr. determine the number of wells for each se- be printed in the RECORD. BEGICH): lected geothermal project for which a loan There being no objection, the text of S. 3586. A bill to promote the map- may be made under this section. the bill was ordered to be printed in ping and development of United States (3) UNPRODUCTIVE PROJECTS.—The Sec- the RECORD, as follows: geothermal resources by establishing a retary may grant further delays or dispense direct loan program for high risk geo- with the repayment obligation on a dem- S. 3587 thermal exploration wells; to the Com- onstration that a selected geothermal Be it enacted by the Senate and House of Rep- resentatives of the United States of America in mittee on Energy and Natural Re- project is unproductive. (g) LOAN REPAYMENT.— Congress assembled, sources. (1) COMMENCEMENT.—The recipient of a SECTION 1. SHORT TITLE. Mr. REID. Mr. President, I ask unan- loan made under this section for a geo- This Act may be cited as the ‘‘Clean En- imous consent that the text of the bill thermal facility shall commence repayment ergy, Community Investment, and Wildlife be printed in the RECORD. of the loan beginning on the earlier of— Conservation Act’’.

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.030 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5856 CONGRESSIONAL RECORD — SENATE July 14, 2010 SEC. 2. DEVELOPMENT OF WIND AND SOLAR EN- (F) representatives of the motorized and lished, not later than 60 days after the date ERGY ON FEDERAL LAND. nonmotorized outdoor recreation commu- of the determination, the Secretary shall (a) DEFINITIONS.—In this section: nities; submit to the Committee on Energy and (1) FEDERAL LAND.—The term ‘‘Federal (G) representatives of the ranching and ag- Natural Resources of the Senate and the land’’ means any Federal land under the ad- ricultural communities; and Committee on Natural Resources of the ministrative jurisdiction of the Bureau of (H) the public. House of Representatives a report describing Land Management or the Forest Service. (4) WIND AND SOLAR LEASE SALES.— the reasons and findings for that determina- (2) FUND.—The term ‘‘Fund’’ means the Re- (A) IN GENERAL.—Except as provided in tion. newable Energy Mitigation and Fish and subparagraph (C)(ii), not later than 180 days (2) LEASES FOR CERTAIN FEDERAL LAND.— Wildlife Fund established by section 3(b). after the date on which sites are selected (A) IN GENERAL.—If the Secretary makes (3) PILOT PROGRAM.—The term ‘‘pilot pro- under paragraph (2), the Secretary shall offer the determination to establish a leasing program’’ means the wind and solar leasing each site for competitive leasing to qualified gram under this section, except as provided pilot program established under subsection bidders under such terms and conditions as in subparagraph (B) and pursuant to the Fed- (b). are required by the Secretary. eral Land Policy and Management Act of (4) SECRETARY.—The term ‘‘Secretary’’ (B) BIDDING SYSTEMS.—In offering the sites 1976 (43 U.S.C. 1701 et seq.) and the National means the Secretary of the Interior. for lease, the Secretary— Forest Management Act of 1976 (16 U.S.C. (5) STATE.—The term ‘‘State’’ means the (i) may vary the bidding systems to be 1600 et seq.), the Secretary may develop pol- State within the boundaries of which income used at each lease sale; but icy and regulations for, and issue leases on, is derived under a lease issued under this sec- (ii) shall limit bidding to 1 round in any Federal land under the administrative juris- tion. lease sale. diction of the Bureau of Land Management (C) LEASE TERMS.— and the Forest Service. (b) WIND AND SOLAR LEASING PILOT PRO- (i) IN GENERAL.—As part of the pilot pro- (B) EXCEPTION.—The Secretary may not GRAM.— gram, the Secretary may vary the length of issue any lease on National Forest System (1) IN GENERAL.—Not later than 180 days the lease terms and establish such other land under subparagraph (A) over the objec- after the date of enactment of this Act, the lease terms and conditions as the Secretary tion of the Secretary of Agriculture. Secretary shall establish a wind and solar considers appropriate. (3) CONSULTATION AND CONSIDERATIONS.—In leasing pilot program for Federal land. (ii) DATA COLLECTION.—As part of the pilot making the determinations required under (2) SELECTION OF SITES.— program, the Secretary shall— this subsection, the Secretary shall— (A) IN GENERAL.—Not later than 90 days (I) offer on a noncompetitive basis on at (A) consult with— after the date on which the pilot program is least 1 site a short-term lease for data collec- (i) appropriate Federal agencies, including established, the Secretary shall select not tion; and the Department of Defense; fewer than 2 sites that are appropriate for (II) on the expiration of the short-term (ii) affected States and counties; the development of a solar energy project, lease, offer on a competitive basis a long- (iii) Indian tribes; and not fewer than 2 sites that are appro- term lease, giving credit toward the bonus (iv) representatives of the wind and solar priate for the development of a wind energy bid to the holder of the short-term lease for industry; project, on Federal land as part of the pilot any qualified expenditures to collect data to (v) representatives of the environmental, program. develop the site during the short-term lease. conservation, and fish and wildlife conserva- (B) SITE SELECTION.—In carrying out sub- (D) QUALIFICATIONS.—Prior to any lease tion communities; paragraph (A), the Secretary shall seek to sale, the Secretary shall establish qualifica- (vi) representatives of the motorized and select sites on Federal land— tions for bidders that ensures bidders— nonmotorized outdoor recreation commu- (i) for which there is likely to be a high (i) are able to expeditiously develop a wind nities; level of industry interest; and or solar energy project on the site for lease; (vii) representatives of the ranching and (ii) that has comparatively low value for and agricultural communities; and other resources. (ii) possess— (viii) the public; and (C) EXCLUSIONS.—For purposes of this Act (I) financial resources necessary to com- (B) consider the results of the report pro- only, Federal land suitable for wind and plete a project; vided under subsection (b)(6) and the results solar development does not include— (II) knowledge of the applicable tech- of the pilot program. (i) any unit of the National Wildlife Refuge nology; and (4) REQUIREMENTS.—If the Secretary deter- System; (III) such other qualifications as determines under this subsection that a leasing (ii) any component of the National Wild mined appropriate by the Secretary. program should be established, the program and Scenic Rivers System; (5) COMPLIANCE WITH LAWS.—In offering for shall be carried out in accordance with sub- (iii) any part of the National Landscape lease the selected sites under (4), the Sec- sections (d) through (i). Conservation System; retary shall comply with all applicable envi- (d) COMPETITIVE LEASES.— (iv) any designated wilderness area, wilder- ronmental and other laws. (1) IN GENERAL.—Except as provided in ness study area, or other area managed for (6) REPORT.—The Secretary shall— paragraph (2), leases for wind or solar energy wilderness characteristics; (A) compile a report of the results of each development under this section shall be (v) any inventoried roadless area within lease sale under the pilot program, includ- issued on a competitive basis with a single the National Forest System; ing— round of bidding in any lease sale. (vi) any National Historic Landmark; (i) the level of competitive interest; (2) EXCEPTIONS.—Paragraph (1) shall not (vii) any National Historic District or an (ii) a summary of bids and revenues re- apply to Federal land if the Secretary deter- Archaeological District eligible for or listed ceived; and mines that— in the National Register of Historic Places; (iii) any other factors that may have im- (A) there is no competitive interest for the or pacted the lease sale process; and Federal land; (viii) other sensitive land, as determined (B) not later than 90 days after the final (B) the public interest would not be served by the Secretary. lease sale, submit to the Committee on En- by the competitive issuance of a lease; (D) COORDINATION WITH COUNTIES.—In se- ergy and Natural Resources of the Senate (C) the lease is for the placement and oper- lecting sites under the pilot program, the and the Committee on Natural Resources of ation of a meteorological or data collection Secretary shall— the House of Representatives the report de- facility or for the development or dem- (i) coordinate site selection activities with scribed in subparagraph (A). onstration of a new wind or solar technology the county and State land management and (c) LEASING PROGRAM FOR WIND AND SOLAR and has a term of not more than 5 years; wildlife agencies in whose jurisdiction the ENERGY.— (D) meteorological testing tower or other Federal land is located; and (1) DETERMINATIONS.— data collection device has been installed (ii) take into consideration local land use (A) IN GENERAL.—Not later than 2 years under an approved easement, special-use per- planning and zoning requirements and rec- after the date of enactment of this Act, the mit, or right-of-way issued before the date of ommendations. Secretary shall determine whether to estab- enactment of this Act; or (3) CONSULTATION.—In establishing the lish leasing programs under this section for (E) the Federal land is eligible to be grant- pilot program and the wind or solar leasing wind and solar energy. ed a noncompetitive lease under subsection programs under subsection (c), the Secretary (B) REQUIREMENTS.—Not later than 180 (e)(3). shall consult with— days after the date on which any determina- (e) TRANSITION TO LEASING.— (A) appropriate Federal agencies, including tion under subparagraph (A) is made, the (1) IN GENERAL.—The Secretary shall con- the Department of Defense; Secretary shall establish a leasing program tinue to accept applications for rights-of- (B) affected States and counties; if the Secretary determines that the pro- way, review the applications, and provide for (C) Indian tribes; gram— the issuance of rights-of-way for the develop- (D) representatives of the wind and solar (i) is in the public interest; and ment of wind or solar energy on Federal land industries; (ii) provides an effective means of devel- in accordance with each requirement de- (E) representatives of the environmental, oping wind or solar energy on Federal land. scribed in title V of the Federal Land Policy conservation, and fish and wildlife conserva- (C) REPORT.—If the Secretary determines and Management Act of 1976 (43 U.S.C. 1761 et tion communities; that a leasing program should not be estab- seq.) during the pilot program and until the

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(i) BEST MANAGEMENT PRACTICES.—The (A) may only be made for a period of not to (ii) TERMS AND CONDITIONS.—Any lease de- exceed 10 years; and scribed in clause (i) shall be subject to the Secretary shall— (1) establish best management practices to (B) shall be subject to valid existing rights terms and conditions generally applicable to as of the date of the segregation. other lease sales for similar projects at the ensure the sound, efficient, and environ- time the lease is issued. mentally responsible development of wind SEC. 3. DISPOSITION OF REVENUE. and solar resources on the Federal land in a (4) PENDING RIGHTS-OF-WAY.—Effective be- (a) DISTRIBUTION OF PROCEEDS AND PAY- ginning on the date on which the wind and manner that will minimize consumptive MENTS.— solar leasing programs are established, the water use, and avoid, minimize, and mitigate (1) IN GENERAL.—Effective beginning on the Secretary may provide any applicant that actual and anticipated impacts to fish and date of enactment of this Act, all amounts has filed a plan of development for a right- wildlife habitat and ecosystem function, re- collected by the Secretary as royalties, fees, of-way for a wind or solar energy project sulting from development under a lease rentals, bonuses, or other payments for wind with an option to acquire a noncompetitive issued under this section; and and solar projects on Federal land, including lease, under such terms and conditions as are (2) include— any fees associated with wind and solar en- required by this section and the Secretary, (A) provisions in the lease requiring renew- ergy rights-of-way, shall be distributed as for the same Federal land included in the able energy operators to comply with the follows: plan of development, if— practices established under paragraph (1); (A) 25 percent shall be paid by the Sec- (A) the plan of development has been deter- and retary of the Treasury to the State within mined by the Secretary to be adequate for (B) such other provisions as the Secretary the boundaries of which the income is de- the initiation of environmental review; and considers appropriate. rived. (B) granting the lease is consistent with all (j) PAYMENTS.— (B) 25 percent shall be paid by the Sec- applicable land use planning, environmental, (1) IN GENERAL.—The Secretary shall estab- retary of the Treasury to the 1 or more coun- and other laws. lish royalties, fees, rentals, bonuses, or other ties within the boundaries of which the in- (f) REQUIREMENTS.—If the Secretary estab- payments to ensure a fair return to the come is derived. lishes a leasing program under subsection United States, States, and counties for any (C) 15 percent shall— (c), the Secretary shall ensure that any ac- right-of-way or lease issued for a wind or (i) for the period beginning on the date of tivity under the wind and solar leasing pro- solar project on Federal land. enactment of this Act and ending on the date gram is carried out in a manner that— (2) COLLECTION OF PAYMENTS.— specified in clause (ii), be deposited in the (1) is consistent with all applicable land (A) IN GENERAL.—Prior to the collection of Treasury of the United States to help facili- use planning, environmental, and other laws; royalties under paragraph (4), the Secretary tate the processing of renewable energy per- and shall collect payments for wind and solar mits by the Bureau of Land Management, (2) provides for— projects in accordance with section 504(g) of subject to paragraph (2)(A)(i), including the (A) safety; the Federal Land Policy and Management transfer of the funds by the Bureau of Land (B) protection of the environment; Act of 1976 (43 U.S.C. 1764(g)). Management to other Federal and State (C) prevention of waste; (B) EXCEPTION.—Wind or solar energy agencies to facilitate the processing of re- (D) diligent development of the resource, leases issued under this section shall not be newable energy permits on Federal land; and with specific milestones determined by the subject to the rental fee exemption for (ii) beginning on the date that is 10 years Secretary; rights-of-way under section 504(g) of the Fed- after the date of enactment of this Act, be (E) coordination with applicable Federal eral Land Policy and Management Act of deposited in the Fund. agencies; 1976 (43 U.S.C. 1764(g)). (D) 35 percent shall be deposited in the (F) use of best management practices, in- (3) BONUS BIDS.—The Secretary may grant Fund. cluding planning and practices for mitiga- credit toward any bonus bid for a qualified (2) LIMITATIONS.— tion of impacts; expenditure by the holder of a lease de- (A) RENEWABLE ENERGY PERMITS.—For pur- (G) public notice and comment on any pro- scribed in subsection (d)(2)(C) in any com- poses of clause (i) of paragraph (1)(C): posal submitted for a lease under this sec- petitive lease sale held for a long-term lease (i) Not more than $50,000,000 shall be depos- tion; covering the same Federal land covered by ited in the Treasury at any 1 time under that (H) oversight, inspection, research, moni- the lease described in subsection (d)(2)(C). clause. toring, and enforcement relating to a lease (4) ROYALTIES.—Except as provided in para- (ii) The following shall be deposited in the under this section; graph (6), the Secretary shall develop and en- Fund: (I) protection of fish and wildlife habitat; force a royalty on electricity produced by (I) Any amounts collected under that sub- and wind and solar projects on Federal land clause that are not obligated by the date (J) efficient use of water resources. that— specified in paragraph (1)(C)(ii). (g) LEASE DURATION, SUSPENSION, AND CAN- (A) encourages production of wind or solar (II) Any amounts that exceed the CELLATION.— energy; $50,000,000 deposit limit under clause (i). (1) IN GENERAL.—If the Secretary estab- (B) encourages the maximum energy gen- (III) Any amounts provided by the lease lishes a leasing program under subsection eration using the least quantity of Federal holder pursuant to section 2(h)(2)(B).

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(B) FUND.—Any amounts deposited in the Whereas Dr. Goodall’s research led to nu- Whereas such Messengers help mobilize the Fund under subparagraph (A)(ii) or para- merous groundbreaking discoveries includ- public to become involved in work that graph (1)(C)(ii) shall be in addition to ing the creation and use of tools by chim- makes the world a better place, serving as amounts deposited in the Fund under para- panzees; advocates in such areas as poverty eradi- graph (1)(D). Whereas these and other behavioral obser- cation, human rights, peace and conflict res- (3) AVAILABILITY OF FUNDS.—Funds under vations of chimpanzees forever changed olution, HIV/AIDS, community development, this subsection shall be available for expend- human understanding of the differences be- and conservation; iture without further appropriation and tween humans and other animal species; Whereas upon becoming the new United without fiscal year limitation. Whereas between 1968 and 1986, Dr. Goodall Nations Secretary-General, Ban Ki-moon (b) RENEWABLE ENERGY MITIGATION AND published a collection of articles and books continued her appointment; FISH AND WILDLIFE FUND.— that remain the foundational scientific Whereas in 2004, in a ceremony at Bucking- (1) ESTABLISHMENT.—There is established works on chimpanzee and wildlife studies; ham Palace, Prince Charles invested Dr. in the Treasury of the United States a fund, Whereas her book, The Chimpanzees of Goodall as a Dame of the British Empire, the to be known as the ‘‘Renewable Energy Miti- Gombe: Patterns of Behavior published by female equivalent of knighthood; gation and Fish and Wildlife Fund’’, to be ad- Harvard University Press, details the range Whereas during the last half of the 20th ministered by the Secretary, for use in the of behaviors that make up the essential cor- century, she blazed a trail for and inspired State. pus of chimpanzee natural history and re- other women primatologists, such that (2) USE OF FUNDS.—Amounts in the Fund mains today a critical reference for research- women now dominate long-term primate be- shall be available to the Secretary, who may ers in the field; havioral studies worldwide; make the amounts available to the State, Whereas Dr. Goodall’s writings not only Whereas Dr. Goodall has been a role model Federal agencies, or other interested parties formed the bedrock of the descriptive ana- for youth of all ages, inspiring boys and girls for the purposes of— lytical study of chimpanzees, they also al- alike to take action for people, animals, and (A) mitigating impacts of renewable entered the paradigm of the study of culture in the environment; and ergy on Federal land, including— chimpanzees and other animals, especially Whereas through her Jane Goodall Insti- (i) protecting fish and wildlife corridors species with complex social behaviors; tute, she established the Roots & Shoots and other sensitive land; and Whereas in support of the research she global youth program, which now has mem- (ii) restoring fish and wildlife habitat; and began, and to advance her vision, Dr. Goodall bers in more than 120 countries: Now, there- (iii) securing recreational access to Fed- established the Gombe Stream Research fore, be it eral land through easement, right of way, or Center in 1965 and the Jane Goodall Institute Resolved, That the United States Senate fee title acquisition from willing sellers for in 1977; recognizes— the purpose of providing enhanced public ac- Whereas researchers in many other institu- (1) the 50th anniversary of the beginning of cess to existing Federal land that is inacces- tions continue to carry out pathbreaking Dr. Jane Goodall’s work in what is now Tan- sible or significantly restricted; and analyses related to chimpanzee behavior zania, Africa, as significant in scientific his- (B) carrying out activities authorized based on Dr. Goodall’s original scientific tory; under the Land and Water Conservation work; (2) the significant role that Dr. Goodall’s Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) in Whereas scientists continue to make new work and scientific study have had on our the State. discoveries in the field of chimpanzee and knowledge and understanding of both the wildlife studies today; (3) AVAILABILITY OF AMOUNTS.—Amounts in natural and human worlds; and Whereas since 1986, Dr. Goodall has advo- the Fund shall be available for expenditure, (3) recognizes the positive role that Dr. cated for the conservation of chimpanzees in accordance with this subsection, without Goodall’s work and research have had in edu- and other species, for the protection of the further appropriation, and without fiscal cation, science, and conservation alike. natural world, for the care of chimpanzees year limitation. and other animals in captivity, and for world Mr. UDALL of New Mexico. Mr. (4) INVESTMENT OF FUND.— peace; President, today I stand to recognize (A) IN GENERAL.—Any amounts deposited Whereas Dr. Goodall travels the world ap- in the Fund shall earn interest in an amount one of the greatest scientists and lead- proximately 300 days a year, delivering doz- determined by the Secretary of the Treasury ers of our time and to introduce a reso- ens of lectures and engaging with youth of on the basis of the current average market lution honoring the educational and all ages; yield on outstanding marketable obligations Whereas Dr. Goodall has been a leader in scientific significance of Dr. Jane of the United States of comparable matu- mobilizing community involvement in con- Goodall on this the 50th anniversary of rities. servation and continues to practice and pro- her first day’s work in what is now (B) USE.—Any interest earned under sub- mote conservation efforts based on the im- Tanzania. paragraph (A) may be expended in accord- portant link between human welfare and en- Fifty years ago today, Jane Goodall, ance with this subsection. vironmental stewardship; a young and ambitious scientist, first SEC. 4. BUDGETARY EFFECTS. Whereas Dr. Goodall has received the high- set foot on the shores of Lake The budgetary effects of this Act, for the est honors in her field; Tanganyika to begin her research purpose of complying with the Statutory Whereas in 2008, she was awarded the Pay-As-You-Go-Act of 2010, shall be deter- Leakey Prize, the nation’s most prestigious under the direction of Dr. Louis mined by reference to the latest statement award in human evolutionary science; Leakey. In the ensuing years, Dr. titled ‘‘Budgetary Effects of PAYGO Legisla- Whereas the Leakey Prize has only been Goodall became the world’s expert on tion’’ for this Act, submitted for printing in given 7 times in the past 4 decades; chimpanzees. She had numerous the Congressional Record by the Chairman of Whereas in 2007, she received the Harvard groundbreaking discoveries. She pub- the Senate Budget Committee, provided that Museum of Natural History’s Roger Tory Pe- lished articles and books that remain such statement has been submitted prior to terson Medal, and in 1989, she received the the foundational scientific works on the vote on passage. Anthropologist of the Year Award; chimpanzee and wildlife studies. She f Whereas in 1995, she received the National Geographic Society’s Hubbard Medal ‘‘for established the Gombe Stream Re- SUBMITTED RESOLUTIONS her extraordinary 35-year study of wild search Center and the Jane Goodall In- chimpanzees and for tirelessly defending the stitute to support further research. natural world we share’’; Jane has received many of the high- SENATE RESOLUTION 581—HON- Whereas Dr. Goodall’s numerous honors in- est honors in her field and has become ORING THE EDUCATIONAL AND clude the Medal of Tanzania, Japan’s pres- a prominent advocate for international SCIENTIFIC SIGNIFICANCE OF tigious Kyoto Prize, the Benjamin Franklin conservation and peace. Consequently, DR. JANE GOODALL ON THE 50TH Medal in Life Science, the United Nations she has been recognized and honored by Educational, Scientific and Cultural Organi- ANNIVERSARY OF THE BEGIN- political leaders and kings and queens NING OF HER WORK IN WHAT IS zation’s 60th Anniversary Medal, the Gandhi- King Award for Nonviolence, the Albert throughout the world. The resolution I TODAY GOMBE STREAM NA- Schweitzer Award of the Animal Welfare In- submit today recognizes Dr. Goodall TIONAL PARK IN TANZANIA stitute, the Encyclopedia Britannica Award for her past, present, and future con- Mr. UDALL of New Mexico submitted for Excellence on the Dissemination of tributions in the fields of science and the following resolution; which was re- Learning for the Benefit of Mankind, and the conservation. ferred to the Committee on the Judici- French Legion of Honor, which was pre- Beyond her incredible knowledge and ary: sented to her in Paris in 2004 by Prime Min- skills in the sciences, Dr. Jane Goodall ister Dominique de Villepin; S. RES. 581 Whereas in April 2002, United Nations Sec- is an amazing human being. Her love of Whereas on July 14, 1960, Dr. Jane Goodall retary-General Kofi Annan named Dr. others and of the living things around arrived at Gombe Stream Chimpanzee Re- Goodall a United Nations Messenger of her is what I believe drove her to serve in what is today Tanzania; Peace; achieve such great successes. Anyone

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.032 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5859 who hears her speak can feel her sin- tion of positive actors. Thanks to their Whereas the workforce in Louisiana, Mis- cere adoration for the chimpanzees to young and active hearts, our world will sissippi, Alabama, Florida, and Texas has which she dedicated her life. It is that thrive into the future. been negatively impacted as a result of the love and drive that have made Dr. For 50 years, Dr. Goodall has worked oil spill; and Whereas Federal disaster response procure- Goodall world-renowned in her field to expand and improve our world. Her ment law recognizes a preference for local and admired and beloved throughout work has spread so widely that Jane firms in the award of contracts for disaster the world. Goodall is a household name. And with relief activities: Now, therefore, be it I imagine the ambitious young Jane, that name, young people from America Resolved, That the Senate— who boldly set out on the shores of to Africa and all around the globe learn (1) recognizes the impact of the Deepwater Lake Tanganyika, was much like the the wonders of the natural world and Horizon oil spill on the way of life, economy, many inspired young people who now our link to the creatures around us, in- and natural resources of the Gulf Coast work for her and with her. Across the cluding Dr. Goodall’s beloved chim- States; (2) supports the continued public and pri- globe, the same hope and inspiration panzees. vate efforts to stop the oil spill, mitigate that took Jane into the jungles of Afri- Dr. Goodall recognizes the power further damage to our treasured Gulf Coast, ca now drive thousands of young people that each person has to make positive and clean up of this environmental disaster; to organize conservation and commu- change. She is a brilliant example of and nity programs through the Roots and the great things that are possible when (3) urges British Petroleum (BP) to give all Shoots program which was founded in one young person connects with the due consideration to individuals, businesses, 1991. These young people care about natural world and is inspired to make a and organizations of the States directly im- their communities, their natural re- difference. pacted by the Deepwater Horizon oil spill where practicable, as BP considers services sources, and about the living things Today, I honor my good friend Dr. or products related to ongoing efforts in the around them. They, like the young Jane Goodall. I ask my colleagues to Gulf of Mexico associated with this tragic oil Jane Goodall, want to make a dif- do the same. And I thank her for her spill. ference in the world, and they strive example, and for her confidence in the f every day in their own lives to be a immense power that young people have catalyst for positive change. to improve the future. AMENDMENTS SUBMITTED AND I believe Jane’s focus on encouraging Let us all work together to make PROPOSED young people is one of her greatest ac- positive change in our communities SA 4465. Mr. SCHUMER submitted an complishments. Through her own expe- and support coming generations in amendment intended to be proposed to rience as a young scientist, she knows their creative and noble ambitions. amendment SA 4402 proposed by Mr. REID the strength of the connection young (for Mr. BAUCUS (for himself, Ms. LANDRIEU, f people develop with nature if they have and Mr. REID)) to the bill H.R. 5297, to create the opportunity. We live in a world SENATE RESOLUTION 582—RECOG- the Small Business Lending Fund Program to direct the Secretary of the Treasury to where many young people have no con- NIZING THE ECONOMIC AND EN- make capital investments in eligible institu- nection to the natural world or to their VIRONMENTAL IMPACTS OF THE tions in order to increase the availability of community—a world where urban areas BRITISH PETROLEUM OIL SPILL credit for small businesses, to amend the In- lack any connection to the rhythms of ON THE PEOPLE OF THE GULF ternal Revenue Code of 1986 to provide tax nature, where video games and indoor COAST AND THEIR WAY OF LIFE incentives for small business job creation, activities predominate, where a sense AND URGING BRITISH PETRO- and for other purposes; which was ordered to of community is absent. A generation LEUM TO GIVE ALL DUE CONSID- lie on the table. ERATION TO OFFERS OF ASSIST- SA 4466. Mr. SCHUMER submitted an lacking that connection is doomed to amendment intended to be proposed to ANCE, PRODUCTS, OR SERVICES failing. Jane saw the need to connect amendment SA 4402 proposed by Mr. REID them. She saw the need to inspire FROM THE STATES DIRECTLY (for Mr. BAUCUS (for himself, Ms. LANDRIEU, them. Roots and Shoots provides that IMPACTED BY THE DEEPWATER and Mr. REID)) to the bill H.R. 5297, supra; crucial connection. HORIZON OIL SPILL which was ordered to lie on the table. Dr. Goodall’s work with young activ- Mr. WICKER (for himself, Ms. SA 4467. Mr. SCHUMER submitted an amendment intended to be proposed to ists does not focus on one area of the ANDRIEU OCHRAN ORNYN L , Mr. C , Mr. C , amendment SA 4402 proposed by Mr. REID world or on one issue of significance; Mrs. HUTCHISON, Mr. LEMIEUX, Mr. her Roots and Shoots program is in 120 (for Mr. BAUCUS (for himself, Ms. LANDRIEU, NELSON of Florida, Mr. SESSIONS, Mr. and Mr. REID)) to the bill H.R. 5297, supra; different countries. Young people from SHELBY, and Mr. VITTER) submitted the which was ordered to lie on the table. preschool through college gather in following resolution; which was re- SA 4468. Mr. BENNET (for himself and Ms. classrooms, nature centers, refugee ferred to the Committee on Environ- LANDRIEU) submitted an amendment in- camps, zoos, and many other places to ment and Public Works: tended to be proposed to amendment SA 4402 identify issues that concern them, and proposed by Mr. REID (for Mr. BAUCUS (for S. RES. 582 then they act. And, boy, do they act. himself, Ms. LANDRIEU, and Mr. REID)) to the They are a force for positive change. Whereas on April 20, 2010, the Mobile Drill- bill H.R. 5297, supra; which was ordered to lie We thank Jane Goodall for all her ing Unit Deepwater Horizon experienced a on the table. tragic explosion, resulting in the loss of 11 SA 4469. Mr. DEMINT submitted an amend- contributions to making this a better men; ment intended to be proposed by him to the world. Whereas the explosion resulted in the sink- bill H.R. 5297, supra; which was ordered to lie We know that when one person in a ing of the Mobile Drilling Unit Deepwater on the table. community ignites positive action, it Horizon and a discharge of hydrocarbons SA 4470. Mr. BENNET submitted an is contagious. When each community from the Macondo well; amendment intended to be proposed by him works for positive change, they con- Whereas since the tragic day of April 20, to the bill H.R. 5297, supra; which was or- nect. Community efforts become na- 2010 it is estimated that more than 2,500,000 dered to lie on the table. tional endeavors. And nations take ac- barrels of oil have flowed into the Gulf of SA 4471. Mr. CORNYN submitted an Mexico; amendment intended to be proposed by him tion on a global scale. The world be- Whereas resources such as fishing, tour- to the bill H.R. 5297, supra; which was or- comes a better place—one person at a ism, shipping, and energy exploration in the dered to lie on the table. time. Gulf of Mexico generally account for over SA 4472. Mr. CARPER (for himself, Mr. With the help of student leaders and $200,000,000,000 in economic activity each BUNNING, and Mr. BURR) submitted an adult mentors, these young people cre- year; amendment intended to be proposed to ate hands-on projects to address the Whereas the release of oil has caused a amendment SA 4402 proposed by Mr. REID issues impacting their homes and com- Federal fishery closure since May 2, 2010, (for Mr. BAUCUS (for himself, Ms. LANDRIEU, munities. Over the past two decades, which has encompassed up to 37 percent of and Mr. REID)) to the bill H.R. 5297, supra; tens of thousands of young people have the Gulf of Mexico exclusive economic zone; which was ordered to lie on the table. Whereas the impact on the Gulf Coast SA 4473. Mr. CARPER (for himself, Mr. formed a network across the globe and economy has amounted to over $175,000,000 in BUNNING, and Mr. BURR) submitted an are building upon Dr. Jane Goodall’s reported claims to date; amendment intended to be proposed to legacy of positive change in the world. Whereas tourism is down significantly on amendment SA 4402 proposed by Mr. REID This is a network of hope and a genera- the Gulf Coast as a result of the oil spill; (for Mr. BAUCUS (for himself, Ms. LANDRIEU,

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G14JY6.040 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5860 CONGRESSIONAL RECORD — SENATE July 14, 2010 and Mr. REID)) to the bill H.R. 5297, supra; contribution otherwise taken into account SA 4467. Mr. SCHUMER submitted an which was ordered to lie on the table. under this section (after the application of amendment intended to be proposed to SA 4474. Mr. AKAKA (for himself and Mr. paragraph (1)(A)) shall be increased by the amendment SA 4402 proposed by Mr. VOINOVICH) submitted an amendment in- amount of the qualified processing fees paid REID (for Mr. BAUCUS (for himself, Ms. tended to be proposed by him to the bill H.R. with respect to such contribution. LANDRIEU, and Mr. REID)) to the bill 5297, supra; which was ordered to lie on the ‘‘(B) QUALIFIED WILD GAME MEAT.—For pur- table. poses of this paragraph, the term ‘qualified H.R. 5297, to create the Small Business SA 4475. Mr. SESSIONS submitted an wild game meat’ means the meat of any ani- Lending Fund Program to direct the amendment intended to be proposed by him mal which is typically used for human con- Secretary of the Treasury to make cap- to the bill H.R. 5297, supra; which was or- sumption, but only if— ital investments in eligible institu- dered to lie on the table. ‘‘(i) such animal is killed in the wild by the tions in order to increase the avail- SA 4476. Mrs. HUTCHISON (for herself and individual making the charitable contribu- ability of credit for small businesses, Mr. BAYH) submitted an amendment in- tion of such meat (not including animals to amend the Internal Revenue Code of tended to be proposed by her to the bill H.R. raised on a farm for the purpose of sport 1986 to provide tax incentives for small 5297, supra; which was ordered to lie on the hunting), table. ‘‘(ii) such animal is hunted or taken in ac- business job creation, and for other purposes; which was ordered to lie on f cordance with all State and local laws and regulations, including season and size re- the table; as follows: TEXT OF AMENDMENTS strictions, At the end of subtitle A of title II, insert SA 4465. Mr. SCHUMER submitted an ‘‘(iii) such meat is processed for human the following: amendment intended to be proposed to consumption by a processor which is licensed PART V—OTHER PROVISIONS for such purpose under the appropriate Fed- amendment SA 4402 proposed by Mr. SEC. lll. MODIFICATION OF EXCISE TAX ON IN- eral, State, and local laws and regulations VESTMENT INCOME OF PRIVATE REID (for Mr. BAUCUS (for himself, Ms. and which is in compliance with all such FOUNDATIONS. LANDRIEU, and Mr. REID)) to the bill laws and regulations, and (a) IN GENERAL.—Subsection (a) of section H.R. 5297, to create the Small Business ‘‘(iv) such meat is apparently wholesome 4940 of the Internal Revenue Code of 1986 is Lending Fund Program to direct the (under regulations similar to the regulations amended by inserting ‘‘(1.39 percent in the Secretary of the Treasury to make cap- under section 22(b)(2) of the Bill Emerson case of taxable years beginning before Janu- ital investments in eligible institu- Good Samaritan Food Donation Act). ary 1, 2015)’’ after ‘‘2 percent’’. (b) TEMPORARY ELIMINATION OF REDUCED tions in order to increase the avail- ‘‘(C) QUALIFIED PROCESSING FEE.—For purposes of this paragraph, the term ‘qualified TAX WHERE FOUNDATION MEETS CERTAIN DIS- ability of credit for small businesses, processing fee’ means any fee or charge paid TRIBUTION REQUIREMENTS.—Subsection (e) of to amend the Internal Revenue Code of to a processor which fulfills the require- section 4940 of such Code is amended by add- 1986 to provide tax incentives for small ments of subparagraph (B)(iii) for the pur- ing at the end the following new paragraph: business job creation, and for other pose of processing wild game meat, but only ‘‘(7) APPLICATION.—Paragraph (1) shall not purposes; which was ordered to lie on to the extent that such meat is donated as a apply for any taxable year beginning after the table; as follows: charitable contribution under this section.’’. December 31, 2009, and before January 1, (b) EXCLUSION OF PROCESSOR’S INCOME 2015.’’. At the end of subtitle A of title II, insert (c) STUDY.—Not later than December 31, FROM TAX EXEMPT ORGANIZATIONS.— the following: 2013, the Secretary of the Treasury shall con- (1) IN GENERAL.—Part III of subchapter B of PART V—OTHER PROVISIONS chapter 1 of the Internal Revenue Code of duct and submit to the Congress a study SEC. lll. SPECIAL INVESTMENT RULE FOR 1986 is amended by inserting before section which examines the effect of the change in CERTAIN QUALIFIED NEW YORK LIB- 140 the following new section: the rate of tax under section 4940 of the In- ERTY BOND PROCEEDS. ternal Revenue Code of 1986 (as amended by For purposes of section 149(g) of the Inter- ‘‘SEC. 139F. CERTAIN INCOME RECEIVED FROM this section) has on the level of grantmaking CHARITABLE ORGANIZATIONS. nal Revenue Code of 1986, the proceeds of any by private foundations. qualified New York Liberty Bond (as defined ‘‘(a) IN GENERAL.—Gross income of a quali- in section 1400L(d)(2)) issued after September fied meat processor shall not include any SA 4468. Mr. BENNET (for himself 30, 2009, and before January 1, 2010, which are amount paid to such processor as a qualified and Ms. LANDRIEU) submitted an invested in United States Treasury Obliga- processing fee by a charitable organization amendment intended to be proposed to tions – State and Local Government Series for the processing of donated wild game amendment SA 4402 proposed by Mr. meat. shall be treated as invested in bonds de- REID (for Mr. BAUCUS (for himself, Ms. ‘‘(b) DEFINITIONS.—For purposes of this sec- scribed in paragraph (3)(B)(i) of such section. LANDRIEU, and Mr. REID)) to the bill tion— H.R. 5297, to create the Small Business SA 4466. Mr. SCHUMER submitted an ‘‘(1) QUALIFIED MEAT PROCESSOR.—The term ‘qualified meat processor’ means a processor Lending Fund Program to direct the amendment intended to be proposed to Secretary of the Treasury to make cap- amendment SA 4402 proposed by Mr. which fulfills the requirements of section 170(e)(8)(B)(iii). ital investments in eligible institu- REID (for Mr. BAUCUS (for himself, Ms. ‘‘(2) CHARITABLE ORGANIZATION.—The term tions in order to increase the avail- LANDRIEU, and Mr. REID)) to the bill ‘charitable organization’ means an entity to ability of credit for small businesses, H.R. 5297, to create the Small Business which a charitable contribution may be to amend the Internal Revenue Code of Lending Fund Program to direct the made under section 170(c) and the charitable 1986 to provide tax incentives for small Secretary of the Treasury to make cap- purpose of which is to provide free food to in- business job creation, and for other ital investments in eligible institu- dividuals in need of food assistance. ‘‘(3) DONATED WILD GAME MEAT.—The term purposes; which was ordered to lie on tions in order to increase the avail- the table; as follows: ability of credit for small businesses, ‘donated wild game meat’ means qualified wild game meat (as defined in section On page 41, between lines 3 and 4, insert to amend the Internal Revenue Code of 170(e)(8)(B), without regard to clause (iii) the following: 1986 to provide tax incentives for small thereof) which is received as a charitable SEC. 1137. TARGETED SMALL BUSINESS LENDING business job creation, and for other contribution (as defined in section 170(c)) by PILOT PROGRAM. purposes; which was ordered to lie on a charitable organization. (a) IN GENERAL.—Section 23 of the Small the table; as follows: ‘‘(4) QUALIFIED PROCESSING FEE.—The term Business Act (15 U.S.C. 650) is amended by ‘qualified processing fee’ means any fee or adding at the end the following: At the end of subtitle A of title II, insert ‘‘(k) TARGETED SMALL BUSINESS LENDING the following: charge paid to a qualified meat processor for the purpose of processing donated wild game PILOT PROGRAM.— PART V—OTHER PROVISIONS meat.’’. ‘‘(1) PURPOSE.—The purpose of the targeted SEC. lll. CHARITABLE DEDUCTION FOR COSTS (2) CLERICAL AMENDMENT.—The table of small business lending pilot program is to in- ASSOCIATED WITH DONATIONS OF sections for part III of subchapter B of chap- crease the lending activity of small business WILD GAME MEAT. ter 1 of the Internal Revenue Code of 1986 is lending companies to small business con- (a) IN GENERAL.—Subsection (e) of section amended by inserting before the item relat- cerns operating in low-income communities. 170 of the Internal Revenue Code of 1986 is ing to section 140 the following new item: ‘‘(2) DEFINITIONS.—In this subsection: amended by adding at the end the following ‘‘(A) LOW-INCOME COMMUNITY.—The term new paragraph: ‘‘Sec. 139F. Certain income received from ‘low-income community’ means a low-in- ‘‘(8) SPECIAL RULE FOR CONTRIBUTIONS OF tax exempt organizations.’’. come community within the meaning of sec- WILD GAME MEAT.— (c) EFFECTIVE DATE.—The amendments tion 45D(e) of the Internal Revenue Code of ‘‘(A) IN GENERAL.—In the case of a chari- made by this section shall apply to dona- 1986 (relating to the new markets tax credit). table contribution by an individual of quali- tions made, and fees received, after the date ‘‘(B) TARGETED SMALL BUSINESS LENDING fied wild game meat, the amount of such of the enactment of this Act. COMPANY.—The term ‘targeted small business

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.038 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5861 lending company’ means a business con- Mortgage Association Charter Act (12 U.S.C. (aa) by striking clauses (i), (ii), and (iv); cern— 1716 et seq.); and (bb) in clause (iii), by inserting ‘‘and’’ after ‘‘(i) described in section 3(r)(1), without re- (B) with respect to the Federal Home Loan the semicolon at the end; and gard to whether the business concern was au- Mortgage Corporation, the Federal Home (cc) by redesignating clauses (iii) and (v) as thorized to make loans under section 7(a) be- Loan Mortgage Corporation Act (12 U.S.C. clauses (i) and (ii), respectively; fore the date on which the Administrator au- 1451 et seq.). (III) in section 1338(c)(10) (12 U.S.C. thorizes the business concern to make the (2) DIRECTOR.—The term ‘‘Director’’ means 4568(c)(10)), by striking subparagraph (E); loans under this subsection; the Director of the Federal Housing Finance (IV) in section 1339(h) (12 U.S.C. 4569), by ‘‘(ii) that has a primary mission of serving Agency. striking paragraph (7); or providing investment capital for low-in- (3) ENTERPRISE.—The term ‘‘enterprise’’ (V) in section 1341 (12 U.S.C. 4581)— come communities, low-income persons, or means— (aa) in subsection (a)— businesses located in low-income commu- (A) the Federal National Mortgage Asso- (AA) in paragraph (1), by inserting ‘‘or’’ nities; ciation; and after the semicolon at the end; ‘‘(iii) that maintains accountability to (B) the Federal Home Loan Mortgage Cor- (BB) in paragraph (2), by striking the semi- low-income communities through participa- poration. colon at the end and inserting a period; and tion of representatives of the communities (4) GUARANTEE.—The term ‘‘guarantee’’ (CC) by striking paragraphs (3) and (4); and on a governing or an advisory board to the means, with respect to an enterprise, the (bb) in subsection (b)(2)— business concern; credit support of the enterprise that is pro- (AA) in subparagraph (A), by inserting ‘‘(iv) that has a demonstrated ability, divided by the Federal Government through its ‘‘or’’ after the semicolon at the end; rectly or through a controlling entity, to charter as a government-sponsored enter- (BB) by striking subparagraphs (B) and (C); make loans to businesses in low-income com- prise. and munities; and (c) TERMINATION OF CURRENT CONSERVATOR- (CC) by redesignating subparagraph (D) as ‘‘(v) that makes substantially all of the SHIP.— subparagraph (B); loans made by the business concern to busi- (1) IN GENERAL.—Upon the expiration of the (VI) in section 1345(a) (12 U.S.C. 4585(a))— nesses operating in low-income commu- period referred to in paragraph (2), the Direc- (aa) in paragraph (1), by inserting ‘‘or’’ nities. tor of the Federal Housing Finance Agency after the semicolon at the end; ‘‘(3) ESTABLISHMENT.—There is established shall determine, with respect to each enter- (bb) in paragraph (2), by striking the semi- prise, if the enterprise is financially viable a targeted small business lending pilot pro- colon at the end and inserting a period; and at that time and— gram, under which the Administrator— (cc) by striking paragraphs (3) and (4); and (A) if the Director determines that the en- ‘‘(A) shall authorize not more than 12 tar- (VII) in section 1371(a)(2) (12 U.S.C. terprise is financially viable, immediately geted small business lending companies to 4631(a)(2))— take all actions necessary to terminate the make loans under section 7(a); and (aa) by striking ‘‘with any housing goal es- conservatorship for the enterprise that is in ‘‘(B) may not charge a fee relating to an tablished under subpart B of part 2 of sub- effect pursuant to section 1367 of the Federal authorization under subparagraph (A). title A of this title,’’; and Housing Enterprises Financial Safety and ‘‘(4) SAFETY AND SOUNDNESS REQUIRE- (bb) by striking ‘‘section 1336 or’’. Soundness Act of 1992 (12 U.S.C. 4617); or MENTS.— (B) PORTFOLIO LIMITATIONS.—Subtitle B of (B) if the Director determines that the en- ‘‘(A) PROHIBITION ON SALE OF AUTHORIZA- title XIII of the Housing and Community De- TION.—A targeted small business lending terprise is not financially viable, immediately appoint the Federal Housing Finance velopment Act of 1992 (12 U.S.C. 4611 et seq.) company may not sell the authorization of is amended by adding at the end the fol- the targeted small business lending company Agency as receiver under section 1367 of the Federal Housing Enterprises Financial Safe- lowing: to make loans under section 7(a). ‘‘SEC. 1369E. RESTRICTION ON MORTGAGE AS- ‘‘(B) GAO REVIEW.—During the 2-year pe- ty and Soundness Act of 1992, and carry out such receivership under the authority of that SETS OF ENTERPRISES. riod beginning on the date of enactment of ‘‘(a) RESTRICTION.—No enterprise shall section 1367. this subsection, the Comptroller General of own, as of any applicable date in this sub- (2) TIMING.—The period referred to in this the United States shall— section or thereafter, mortgage assets in ex- paragraph is, with respect to an enterprise— ‘‘(i) review the oversight of targeted small cess of— (A) except as provided in subparagraph (B), business lending companies by the Adminis- ‘‘(1) upon the expiration of the period re- the 24-month beginning upon the date of en- tration; and ferred to in subsection (c)(2) of the GSE Bail- actment of this Act; or ‘‘(ii) submit periodic reports to the Com- out Elimination and Taxpayer Protection (B) if the Director determines before the mittee on Small Business and Entrepreneur- Act or thereafter, $850,000,000,000; expiration of the period referred to in sub- ship of the Senate and the Committee on ‘‘(2) upon the expiration of the 1-year pe- paragraph (A) that the financial markets Small Business of the House of Representa- riod that begins on the date described in would be adversely affected without the ex- tives a report regarding the review under paragraph (1) or thereafter, $700,000,000,000; tension of such period with respect to that clause (i).’’. ‘‘(3) upon the expiration of the 2-year pe- enterprise, and upon making such deter- (b) TECHNICAL AND CONFORMING AMEND- riod that begins on the date described in mination notifies Congress in writing of such MENT.—Section 3(r)(1) of the Small Business paragraph (1) or thereafter, $500,000,000,000; determination, the 30-month period begin- Act (15 U.S.C. 632(r)(1)) is amended by insert- and ning upon the date of enactment of this Act. ing ‘‘, including a targeted small business ‘‘(4) upon the expiration of the 3-year pe- (3) FINANCIAL VIABILITY.—The Director lending company authorized under section riod that begins on the date described in may not determine that an enterprise is fi- 23(k)’’ before the period at the end. paragraph (1), $250,000,000,000. nancially viable for purposes of paragraph (1) ‘‘(b) DEFINITION OF MORTGAGE ASSETS.—For SA 4469. Mr. DEMINT submitted an if the Director determines that any of the purposes of this section, the term ‘mortgage amendment intended to be proposed by conditions for receivership set forth in para- assets’ means, with respect to an enterprise, him to the bill H.R. 5297, to create the graph (3) or (4) of section 1367(a) of the Fed- assets of such enterprise consisting of mort- Small Business Lending Fund Program eral Housing Enterprises Financial Safety gages, mortgage loans, mortgage-related se- to direct the Secretary of the Treasury and Soundness Act of 1992 (12 U.S.C. 4617(a)) curities, participation certificates, mort- to make capital investments in eligible exists at the time with respect to the enter- gage-backed commercial paper, obligations prise. of real estate mortgage investment conduits institutions in order to increase the (d) LIMITATION OF ENTERPRISE AUTHORITY availability of credit for small busi- and similar assets, in each case to the extent UPON EMERGENCE FROM CONSERVATORSHIP.— that such assets would appear on the balance nesses, to amend the Internal Revenue (1) REVISED AUTHORITY.—Upon the expira- sheet of such enterprise in accordance with Code of 1986 to provide tax incentives tion of the period referred to in subsection generally accepted accounting principles in for small business job creation, and for (c)(2), if the Director makes the determina- effect in the United States as of September 7, other purposes; which was ordered to tion under subsection (c)(1)(A), the following 2008 (as set forth in the opinions and pro- lie on the table; as follows: provisions shall take effect: nouncements of the Accounting Principles At the appropriate place, insert the fol- (A) REPEAL OF HOUSING GOALS.— Board and the American Institute of Cer- lowing: (i) REPEAL.—The Federal Housing Enter- tified Public Accountants and statements prises Financial Safety and Soundness Act of SEC. ll. TERMINATION OF CONSERVATORSHIPS and pronouncements of the Financial Ac- AND DISSOLUTION OF CERTAIN 1992 is amended by striking sections 1331 counting Standards Board from time to GSES. through 1336 (12 U.S.C. 4561–4566). time; and without giving any effect to any (a) SHORT TITLE.—This section may be (ii) CONFORMING AMENDMENTS.—Federal change that may be made after September 7, cited as the ‘‘GSE Bailout Elimination and Housing Enterprises Financial Safety and 2008, in respect of Statement of Financial Taxpayer Protection Act’’. Soundness Act of 1992 is amended— Accounting Standards No. 140 or any similar (b) DEFINITIONS.—For purposes of this sec- (I) in section 1303(28) (12 U.S.C. 4502(28)), by accounting standard).’’. tion, the following definitions shall apply: striking ‘‘and, for the purposes’’ and all that (C) INCREASE IN MINIMUM CAPITAL REQUIRE- (1) CHARTER.—The term ‘‘charter’’ means— follows through ‘‘designated disaster areas’’; MENT.—Section 1362 of the Federal Housing (A) with respect to the Federal National (II) in section 1324(b)(1)(A) (12 U.S.C. Enterprises Financial Safety and Soundness Mortgage Association, the Federal National 4544(b)(1)(A))— Act of 1992 (12 U.S.C. 4612), as amended by

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.048 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5862 CONGRESSIONAL RECORD — SENATE July 14, 2010 section 1111 of the Housing and Economic hering to any plan required under this sub- area in which such property subject to the Recovery Act of 2008 (Public Law 110–289), is section whenever such enterprise seeks the mortgage is located.’’. amended— requisite approval of the Director for any (II) FREDDIE MAC.—Section 305(a)(2) of the (i) in subsection (a), by striking ‘‘For pur- proposal which would divert earnings, dimin- Federal Home Loan Mortgage Corporation poses of this subtitle, the minimum capital ish capital, or otherwise impede the progress Act (12 U.S.C. 1454(a)(2)) is amended by add- level for each enterprise shall be’’ and insert- of the enterprise in achieving its minimum ing at the end the following: ‘‘Notwith- ing ‘‘The minimum capital level established capital level. standing any other provision of this title, under subsection (g) for each enterprise may ‘‘(B) DENIAL.—The Director may deny such the Corporation may not purchase any mort- not be lower than’’; approval where the Director determines that gage for a property having a principal obliga- (ii) in subsection (c)— such proposal would adversely affect the tion that exceeds the median home price, for (I) by striking ‘‘subsections (a) and’’ and ability of the enterprise to comply with such properties of the same size, for the area in inserting ‘‘subsection’’; plan.’’. which such property subject to the mortgage (II) by striking ‘‘regulated entities’’ the (D) REPEAL OF INCREASES TO CONFORMING is located.’’. first place that term appears and inserting LOAN LIMITS.— (E) REQUIREMENT OF MINIMUM DOWNPAY- ‘‘Federal Home Loan Banks’’; (i) REPEAL OF TEMPORARY INCREASES.— MENT FOR MORTGAGES PURCHASED.— (III) by striking ‘‘for the enterprises,’’; (I) CONTINUING APPROPRIATIONS RESOLU- (i) FANNIE MAE.—Section 302(b) of the Fed- (IV) by striking ‘‘, or for both the enter- TION, 2010.—Section 167 of the Continuing Ap- eral National Mortgage Association Charter prises and the banks,’’; propriations Resolution, 2010 (as added by Act (12 U.S.C. 1717(b)) is amended by adding (V) by striking ‘‘the level specified in subsection 104 of division B of Public Law 111–88; at the end the following: section (a) for the enterprises or’’; and 123 Stat. 2973) is hereby repealed. ‘‘(7) Notwithstanding any other provision (VI) by striking ‘‘the regulated entities op- (II) AMERICAN RECOVERY AND REINVESTMENT of this Act, the corporation may not newly erate’’ and inserting ‘‘such banks operate’’; ACT OF 2009.—Section 1203 of division A of the purchase any mortgage unless the mortgagor (iii) in subsection (d)(1)— American Recovery and Reinvestment Act of has paid, in cash or its equivalent on account (I) by striking ‘‘subsections (a) and’’ and 2009 (Public Law 111–5; 123 Stat. 225) is here- of the property securing repayment such inserting ‘‘subsection’’; and by repealed. mortgage, in accordance with regulations (II) by striking ‘‘regulated entity’’ each (III) ECONOMIC STIMULUS ACT OF 2008.—Sec- issued by the Director of the Federal Hous- place that term appears and inserting ‘‘Fed- tion 201 of the Economic Stimulus Act of ing Finance Agency, not less than— eral home loan bank’’; 2008 (Public Law 110–185; 122 Stat. 619) is ‘‘(A) for any mortgage purchased during (iv) in subsection (e), by striking ‘‘regu- hereby repealed. the 12-month period beginning upon the expi- lated entity’’ each place that term appears (ii) REPEAL OF GENERAL LIMIT AND PERMA- ration of the period referred to in section and inserting ‘‘Federal home loan bank’’; NENT HIGH-COST AREA INCREASE.—Section 3(b) of the GSE Bailout Elimination and Tax- (v) in subsection (f)— 302(b)(2) of the Federal National Mortgage payer Protection Act, 5 percent of the ap- (I) by striking ‘‘the amount of core capital Association Charter Act (12 U.S.C. 1717(b)(2)) praised value of the property; maintained by the enterprises,’’; and and section 305(a)(2) of the Federal Home ‘‘(B) for any mortgage purchased during (II) by striking ‘‘regulated entities’’ and Loan Mortgage Corporation Act (12 U.S.C. the 12-month period beginning upon the expi- inserting ‘‘banks’’; and 1454(a)(2)) are each amended to read as such ration of the 12-month period referred to in (vi) by adding at the end the following new sections were in effect immediately before subparagraph (A) of this paragraph, 7.5 per- subsection: the date of enactment of the Housing and cent of the appraised value of the property; ‘‘(g) ESTABLISHMENT OF REVISED MINIMUM Economic Recovery Act of 2008 (Public Law and CAPITAL LEVELS.— 110–289). ‘‘(C) for any mortgage purchased during ‘‘(1) IN GENERAL.—The Director shall cause (iii) REPEAL OF NEW HOUSING PRICE INDEX.— the 12-month period beginning upon the expi- the enterprises to achieve and maintain ade- Section 1322 of the Federal Housing Enter- ration of the 12-month period referred to in quate capital by establishing minimum lev- prises Financial Safety and Soundness Act of subparagraph (B) of this paragraph, 10 per- els of capital for such enterprises, and by 1992, as added by section 1124(d) of the Hous- cent of the appraised value of the property.’’. using such other methods as the Director ing and Economic Recovery Act of 2008 (Pub- (ii) FREDDIE MAC.—Section 305(a) of the deems appropriate. lic Law 110–289), is hereby repealed. Federal Home Loan Mortgage Corporation ‘‘(2) AUTHORITY.—The Director shall have (iv) REPEAL.—Section 1124 of the Housing Act (12 U.S.C. 1454(a)) is amended by adding the authority to establish such minimum and Economic Recovery Act of 2008 (Public at the end the following: level of capital for an enterprise in excess of Law 110–289) is hereby repealed. ‘‘(6) Notwithstanding any other provision the level specified under subsection (a) as (v) ESTABLISHMENT OF CONFORMING LOAN of this Act, the Corporation may not newly the Director, in the discretion of the Direc- LIMIT.—For the year in which the expiration purchase any mortgage unless the mortgagor tor, deems to be necessary or appropriate in of the period referred to in subsection (c)(2) has paid, in cash or its equivalent on account light of the particular circumstances of the occurs, the limitations governing the max- of the property securing repayment such enterprise. imum original principal obligation of con- mortgage, in accordance with regulations ‘‘(h) FAILURE TO MAINTAIN REVISED MIN- ventional mortgages that may be purchased issued by the Director of the Federal Hous- IMUM CAPITAL LEVELS.— by the Federal National Mortgage Associa- ing Finance Agency, not less than— ‘‘(1) UNSAFE AND UNSOUND PRACTICE OR CON- tion and the Federal Home Loan Mortgage ‘‘(A) for any mortgage purchased during DITION.—Failure of a enterprise to maintain Corporation, referred to in section 302(b)(2) the 12-month period beginning upon the expi- capital at or above its minimum level as es- of the Federal National Mortgage Associa- ration of the period referred to in section tablished pursuant to subsection (g) of this tion Charter Act (12 U.S.C. 1717(b)(2)) and 3(b) of the GSE Bailout Elimination and Tax- section may be deemed by the Director, in section 305(a)(2) of the Federal Home Loan payer Protection Act, 5 percent of the ap- his discretion, to constitute an unsafe and Mortgage Corporation Act (12 U.S.C. praised value of the property; unsound practice or condition within the 1454(a)(2)), respectively, shall be considered ‘‘(B) for any mortgage purchased during meaning of this title. to be— the 12-month period beginning upon the expi- ‘‘(2) DIRECTIVE TO ACHIEVE CAPITAL (I) $417,000 for a mortgage secured by a sin- ration of the 12-month period referred to in LEVEL.— gle-family residence; subparagraph (A) of this paragraph, 7.5 per- ‘‘(A) AUTHORITY.—In addition to, or in lieu (II) $533,850 for a mortgage secured by a 2- cent of the appraised value of the property; of, any other action authorized by law, in- family residence; and cluding paragraph (1), the Director may issue (III) $645,300 for a mortgage secured by a 3- ‘‘(C) for any mortgage purchased during a directive to an enterprise that fails to family residence; and the 12-month period beginning upon the expi- maintain capital at or above its required (IV) $801,950 for a mortgage secured by a 4- ration of the 12-month period referred to in level as established pursuant to subsection family residence. subparagraph (B) of this paragraph, 10 per- (g). (vi) ANNUAL ADJUSTMENTS.—The limits es- cent of the appraised value of the property.’’. ‘‘(B) PLAN.—Such directive may require tablished under clause (v) shall be adjusted (F) REQUIREMENT TO PAY STATE AND LOCAL the enterprise to submit and adhere to a plan effective each January 1 after the period re- TAXES.— acceptable to the Director describing the ferred to in clause (v), in accordance with (i) FANNIE MAE.—Paragraph (2) of section means and timing by which the enterprise such sections 302(b)(2) and 305(a)(2). 309(c) of the Federal National Mortgage As- shall achieve its required capital level. (vii) PROHIBITION OF PURCHASE OF MORT- sociation Charter Act (12 U.S.C. 1723a(c)(2)) ‘‘(C) ENFORCEMENT.—Any directive issued GAGES EXCEEDING MEDIAN AREA HOME PRICE.— is amended— pursuant to this paragraph, including plans (I) FANNIE MAE.—Section 302(b)(2) of the (I) by striking ‘‘shall be exempt from’’ and submitted pursuant thereto, shall be enforce- Federal National Mortgage Association inserting ‘‘shall be subject to’’; and able under the provisions of subtitle C, to Charter Act (12 U.S.C. 1717(b)(2)) is amended (II) by striking ‘‘except that any’’ and in- the same extent as an effective and out- by adding at the end the following: ‘‘Not- serting ‘‘and any’’. standing order issued pursuant to subtitle C withstanding any other provision of this (ii) FREDDIE MAC.—Section 303(e) of the which has become final. title, the corporation may not purchase any Federal Home Loan Mortgage Corporation ‘‘(3) ADHERENCE TO PLAN.— mortgage for a property having a principal Act (12 U.S.C. 1452(e)) is amended— ‘‘(A) CONSIDERATION.—The Director may obligation that exceeds the median home (I) by striking ‘‘shall be exempt from’’ and consider the progress of an enterprise in ad- price, for properties of the same size, for the inserting ‘‘shall be subject to’’; and

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(II) by striking ‘‘except that any’’ and in- (2) REPEAL OF CHARTER.—Upon the applica- Defense in the account ‘‘Other Procurement, serting ‘‘and any’’. bility of this subsection to an enterprise, the Army, 2008/2010’’, $10,000,000 are rescinded. (G) REPEALS RELATING TO REGISTRATION OF charter for the enterprise is repealed, and SECURITIES.— the enterprise shall have no authority to SA 4471. Mr. CORNYN submitted an (i) FANNIE MAE.— conduct new business under such charter, ex- amendment intended to be proposed by (I) MORTGAGE-BACKED SECURITIES.—Section cept that the provisions of such charter in him to the bill H.R. 5297, to create the 304(d) of the Federal National Mortgage As- effect immediately before such repeal shall Small Business Lending Fund Program sociation Charter Act (12 U.S.C. 1719(d)) is continue to apply with respect to the rights to direct the Secretary of the Treasury amended by striking the fourth sentence. and obligations of any holders of outstanding to make capital investments in eligible (II) SUBORDINATE OBLIGATIONS.—Section debt obligations and mortgage-backed secu- 304(e) of the Federal National Mortgage As- rities of the enterprise. institutions in order to increase the sociation Charter Act (12 U.S.C. 1719(e)) is (3) WIND DOWN.—Upon the applicability of availability of credit for small busi- amended by striking the fourth sentence. this subsection to an enterprise, the Director nesses, to amend the Internal Revenue (ii) FREDDIE MAC.—Section 306 of the Fed- and the Secretary of the Treasury shall Code of 1986 to provide tax incentives eral Home Loan Mortgage Corporation Act jointly take such action, and may prescribe for small business job creation, and for (12 U.S.C. 1455) is amended by striking sub- such regulations and procedures, as may be other purposes; which was ordered to section (g). necessary to wind down the operations of an lie on the table; as follows: (H) RECOUPMENT OF COSTS FOR FEDERAL enterprise as an entity chartered by the At the appropriate place, insert the fol- GUARANTEE.— United States Government over the duration lowing: (i) ASSESSMENTS.—The Director of the Fed- of the 10-year period beginning upon the ap- eral Housing Finance Agency shall establish plicability of this subsection to the enter- SEC. ll. EXTENSION OF EXPENDITURE DEAD- LINE OF SOCIAL SERVICES BLOCK and collect from each enterprise assessments prise (pursuant to paragraph (1)) in an or- GRANT DISASTER FUNDING. in the amount determined under subpara- derly manner, consistent with this section, Notwithstanding any other provision of graph (B). In determining the method and and the ongoing obligations of the enter- law, amounts made available to the Depart- timing for making such assessments, the Di- prise. ment of Health and Human Services, Admin- rector shall take into consideration the de- (4) DIVISION OF ASSETS AND LIABILITIES; AU- istration for Children and Families, under terminations and conclusions of the study THORITY TO ESTABLISH HOLDING CORPORATION the heading ‘‘Social Services Block Grant’’ under paragraph (2). AND DISSOLUTION TRUST FUND.—The action under chapter 7 of division B of Public Law (ii) DETERMINATION OF COSTS OF GUAR- and procedures required under paragraph 110–329, shall remain available for expendi- ANTEE.—Assessments under clause (i) with (3)— ture through September 30, 2012. respect to an enterprise shall be in such (A) shall include the establishment and amount as the Director determines nec- execution of plans to provide for an equitable SA 4472. Mr. CARPER (for himself, essary to recoup to the Federal Government division and distribution of assets and liabil- Mr. BUNNING, and Mr. BURR) submitted the full value of the benefit the enterprise ities of the enterprise, including any liabil- an amendment intended to be proposed receives from the guarantee provided by the ity of the enterprise to the United States Federal Government for the obligations and Government or a Federal reserve bank that to amendment SA 4402 proposed by Mr. financial viability of the enterprise, based may continue after the end of the period de- REID (for Mr. BAUCUS (for himself, Ms. upon the dollar value of such benefit in the scribed in paragraph (1); and LANDRIEU, and Mr. REID)) to the bill market to such enterprise when not oper- (B) may provide for establishment of— H.R. 5297, to create the Small Business ating under conservatorship or receivership. (i) a holding corporation organized under Lending Fund Program to direct the To determine such amount, the Director the laws of any State of the United States or Secretary of the Treasury to make cap- shall establish a risk-based pricing mecha- the District of Columbia for the purposes of ital investments in eligible institu- nism as the Director considers appropriate, the reorganization and restructuring of the tions in order to increase the avail- taking into consideration the determina- enterprise; and tions and conclusions of the study under (ii) one or more trusts to which to trans- ability of credit for small businesses, paragraph (2). fer— to amend the Internal Revenue Code of (iii) TREATMENT OF RECOUPED AMOUNTS.— (I) remaining debt obligations of the enter- 1986 to provide tax incentives for small The Director shall cover into the General prise, for the benefit of holders of such re- business job creation, and for other Fund of the Treasury any amounts received maining obligations; or purposes; which was ordered to lie on from assessments made under this subpara- (II) remaining mortgages held for the pur- the table; as follows: graph. pose of backing mortgage-backed securities, On page 137, line 3, strike the period and (2) GAO STUDY REGARDING RECOUPMENT OF for the benefit of holders of such remaining insert the following: COSTS FOR FEDERAL GOVERNMENT GUAR- securities. ‘‘, and ANTEE.— SA 4470. Mr. BENNET submitted an ‘‘(D) any sprinkler system classified under (A) IN GENERAL.—The Comptroller General one or more of the following: of the United States shall conduct a study to amendment intended to be proposed by ‘‘(i) National Fire Protection Association determine a risk-based pricing mechanism to him to the bill H.R. 5297, to create the 13, Installation of Sprinkler Systems. accurately determine the value of the ben- Small Business Lending Fund Program ‘‘(ii) National Fire Protection Association efit that the enterprises receive from the to direct the Secretary of the Treasury 13 D, Installation of Sprinkler Systems in guarantee provided by the Federal Govern- to make capital investments in eligible One and Two Family Dwellings and Manufac- ment for the obligations and financial viabil- institutions in order to increase the tured Homes or International Residential ity of the enterprises. availability of credit for small busi- Code Section P2904, Dwelling Unit Fire (B) STUDY REQUIREMENTS.—The study re- Sprinkler Systems. quired by this paragraph shall— nesses, to amend the Internal Revenue Code of 1986 to provide tax incentives ‘‘(iii) National Fire Protection Association (i) establish a dollar value of such benefit 13 R, Installation of Sprinkler Systems in in the market to each enterprise when not for small business job creation, and for Residential Occupancies up to and Including operating under conservatorship or receiver- other purposes; which was ordered to Four Stories in Height.’’. ship; lie on the table; as follows: (ii) analyze various methods of the Federal At the appropriate place, insert the fol- SA 4473. Mr. CARPER (for himself, Government assessing a charge for such lowing: Mr. BUNNING, and Mr. BURR) submitted value received (including methods involving SEC. llll. EXPEDITING PATENT APPLICA- an amendment intended to be proposed an annual fee or a fee for each mortgage pur- TIONS OF SMALL ENTITIES. chased or securitized); and to amendment SA 4402 proposed by Mr. (a) FUNDING FOR EXPEDITING PATENT APPLI- REID (for Mr. BAUCUS (for himself, Ms. (iii) include a recommendation of the best CATIONS OF SMALL ENTITIES.—There are ap- LANDRIEU, and Mr. REID)) to the bill such method for assessing such charge. propriated, out of any money in the Treas- (C) REPORT TO CONGRESS.—Not later than ury not otherwise appropriated, $10,000,000, H.R. 5297, to create the Small Business 12 months after the date of enactment of this to the Department of Commerce for the ap- Lending Fund Program to direct the Act, the Comptroller General shall submit to propriations account under the heading Secretary of the Treasury to make cap- Congress a report setting forth the deter- ‘‘SALARIES AND EXPENSES’’ under the heading ital investments in eligible institu- minations and conclusions of the study re- ‘‘UNITED STATES PATENT AND TRADEMARK OF- tions in order to increase the avail- quired by this paragraph. FICE’’ for expediting patent applications of ability of credit for small businesses, (e) REQUIRED WIND DOWN OF OPERATIONS small entities, as defined under section 1.27 to amend the Internal Revenue Code of AND DISSOLUTION OF ENTERPRISE.— of the Patent Rules under the Manual of Pat- 1986 to provide tax incentives for small (1) APPLICABILITY.—This subsection shall ent Examining Procedure as in effect on the apply to an enterprise upon the expiration of date of enactment of this Act. business job creation, and for other the 3-year period beginning at the end of the (b) RESCISSION.—Of the unobligated purposes; which was ordered to lie on time period in subsection (c)(2). amounts appropriated to the Department of the table; as follows:

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.041 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5864 CONGRESSIONAL RECORD — SENATE July 14, 2010 At the end of part II of subtitle A of title (A) means any document that— plan for compliance with the requirements of II, insert the following: (i) is relevant to obtaining any Federal this section. SEC. lll. CLASSIFICATION OF AUTOMATIC Government benefit or service or filing (2) ANNUAL COMPLIANCE REPORT.—Not later FIRE SPRINKLER SYSTEMS. taxes; than 18 months after the date of enactment (a) IN GENERAL.—Subparagraph (E) of sec- (ii) provides information about any Fed- of this Act, and annually thereafter, the tion 168(e)(3) of the Internal Revenue Code of eral Government benefit or service; or head of each agency shall publish on the 1986 is amended by striking ‘‘and’’ at the end (iii) explains to the public how to comply plain writing section of the agency’s website of clause (viii), by striking the period at the with a requirement the Federal Government a report on agency compliance with the re- end of clause (ix) and inserting ‘‘, and’’, and administers or enforces; quirements of this section. by adding at the end the following: (B) includes (whether in paper or elec- (f) JUDICIAL REVIEW AND ENFORCEABILITY.— ‘‘(x) any automated fire sprinkler system tronic form) a letter, publication, form, no- (1) JUDICIAL REVIEW.—There shall be no ju- acquired by the taxpayer under a written tice, or instruction; and dicial review of compliance or noncompli- binding contract entered into during the 1- (C) does not include a regulation. ance with any provision of this section. year period beginning on the date of the en- (3) PLAIN WRITING.—The term ‘‘plain writ- (2) ENFORCEABILITY.—No provision of this actment of this clause and placed in service ing’’ means writing that the intended audi- section shall be construed to create any during the 2-year period beginning on such ence can readily understand and use because right or benefit, substantive or procedural, date, in a building or structure which was that writing is clear, concise, well-organized, enforceable by any administrative or judicial placed in service before such date.’’. and follows other best practices of plain action. (b) APPLICABLE DEPRECIATION METHOD.— writing. (g) BUDGETARY EFFECTS OF PAYGO LEGIS- Paragraph (3) of section 168(b) of the Internal (d) RESPONSIBILITIES OF FEDERAL AGEN- LATION FOR THIS SECTION.—The budgetary ef- Revenue Code of 1986 is amended by adding CIES.— fects of this section, for the purpose of com- at the end the following new subparagraph: (1) PREPARATION FOR IMPLEMENTATION OF plying with the Statutory Pay-As-You-Go ‘‘(J) Automated fire sprinkler system de- PLAIN WRITING REQUIREMENTS.— Act of 2010, shall be determined by reference scribed in subsection (e)(3)(E)(x).’’. (A) IN GENERAL.—Not later than 9 months to the latest statement titled ‘‘Budgetary (c) ALTERNATIVE SYSTEM.—The table con- after the date of enactment of this Act, the Effects of PAYGO Legislation’’ for this sec- tained in section 168(g)(3)(B) of the Internal head of each agency shall— tion, submitted for printing in the Congres- Revenue Code of 1986 is amended by inserting (i) designate 1 or more senior officials sional Record by the Chairman of the House after the item relating to subparagraph within the agency to oversee the agency im- Budget Committee, provided that such state- (E)(ix) the following: plementation of this section; ment has been submitted prior to the vote on ‘‘(E)(x) ...... 39’’. (ii) communicate the requirements of this passage. (d) DEFINITION OF AUTOMATIC FIRE SPRIN- section to the employees of the agency; KLER SYSTEM.—Subsection (i) of section 168 (iii) train employees of the agency in plain SA 4475. Mr. SESSIONS submitted an of the Internal Revenue Code of 1986 is writing; amendment intended to be proposed by amended by adding at the end the following (iv) establish a process for overseeing the him to the bill H.R. 5297, to create the new paragraph: ongoing compliance of the agency with the requirements of this section; Small Business Lending Fund Program ‘‘(20) AUTOMATED FIRE SPRINKLER SYSTEM.— (v) create and maintain a plain writing sec- to direct the Secretary of the Treasury The term ‘automated fire sprinkler system’ to make capital investments in eligible means those sprinkler systems classified tion of the agency’s website that is accessible from the homepage of the agency’s under one or more of the following: institutions in order to increase the website; and ‘‘(A) National Fire Protection Association availability of credit for small busi- (vi) designate 1 or more agency points-of- 13, Installation of Sprinkler Systems. nesses, to amend the Internal Revenue contact to receive and respond to public ‘‘(B) National Fire Protection Association Code of 1986 to provide tax incentives input on— 13 D, Installation of Sprinkler Systems in (I) agency implementation of this section; for small business job creation, and for One and Two Family Dwellings and Manufac- and other purposes; which was ordered to tured Homes or International Residential (II) the agency reports required under sub- lie on the table; as follows: Code Section P2904, Dwelling Unit Fire section (e). At the end of the amendment, insert the Sprinkler Systems. (B) WEBSITE.—The plain writing section de- following: ‘‘(C) National Fire Protection Association scribed under subparagraph (A)(v) shall— 13 R, Installation of Sprinkler Systems in SEC. lll. DISCRETIONARY SPENDING LIMITS. (i) inform the public of agency compliance (a) POINT OF ORDER.—It shall not be in Residential Occupancies up to and Including with the requirements of this section; and order in the House of Representatives or the Four Stories in Height.’’. (ii) provide a mechanism for the agency to (e) EFFECTIVE DATE.—The amendments Senate to consider any bill, joint resolution, made by this section shall apply to property receive and respond to public input on— amendment, or conference report that in- placed in service after the date of the enact- (I) agency implementation of this section; cludes any provision that would cause the ment of this Act. and discretionary spending limits as set forth in (II) the agency reports required under sub- this section to be exceeded. SA 4474. Mr. AKAKA (for himself and section (e). (b) LIMITS.—In this section, the term ‘‘dis- EQUIREMENT TO USE PLAIN WRITING IN cretionary spending limits’’ has the fol- Mr. VOINOVICH) submitted an amend- (2) R ment intended to be proposed by him NEW DOCUMENTS.—Beginning not later than 1 lowing meaning subject to adjustments in year after the date of enactment of this Act, subsection (c): to the bill H.R. 5297, to create the each agency shall use plain writing in every (1) For fiscal year 2011— Small Business Lending Fund Program covered document of the agency that the (A) for the defense category (budget func- to direct the Secretary of the Treasury agency issues or substantially revises. tion 050), $564,293,000,000 in budget authority; to make capital investments in eligible (3) GUIDANCE.— and institutions in order to increase the (A) IN GENERAL.—Not later than 6 months (B) for the nondefense category, availability of credit for small busi- after the date of enactment of this Act, the $540,116,000,000 in budget authority. nesses, to amend the Internal Revenue Director of the Office of Management and (2) For fiscal year 2012— Code of 1986 to provide tax incentives Budget shall develop and issue guidance on (A) for the defense category (budget func- implementing the requirements of this section 050), $573,612,000,000 in budget authority; for small business job creation, and for tion. The Director may designate a lead and other purposes; which was ordered to agency, and may use interagency working (B) for the nondefense category, lie on the table; as follows: groups to assist in developing and issuing $543,790,000,000 in budget authority. At the appropriate place, insert the fol- the guidance. (3) For fiscal year 2013— lowing: (B) INTERIM GUIDANCE.—Before the issuance (A) for the defense category (budget func- SEC. llll. PLAIN WRITING. of guidance under subparagraph (A), agencies tion 050), $584,421,000,000 in budget authority; (a) SHORT TITLE.—This section may be may follow the guidance of— and cited as the ‘‘Plain Writing Act of 2010’’. (i) the writing guidelines developed by the (B) for the nondefense category, (b) PURPOSE.—The purpose of this section Plain Language Action and Information Net- $551,498,000,000 in budget authority. is to improve the effectiveness and account- work; or (4) With respect to fiscal years following ability of Federal agencies to the public by (ii) guidance provided by the head of the 2013, the President shall recommend and the promoting clear Government communication agency that is consistent with the guidelines Congress shall consider legislation setting that the public can understand and use. referred to under clause (i). limits for those fiscal years. (c) DEFINITIONS.—In this section: (e) REPORTS TO CONGRESS.— (c) ADJUSTMENTS.— (1) AGENCY.—The term ‘‘agency’’ means an (1) INITIAL REPORT.—Not later than 9 (1) IN GENERAL.—After the reporting of a Executive agency, as defined under section months after the date of enactment of this bill or joint resolution relating to any mat- 105 of title 5, United States Code. Act, the head of each agency shall publish on ter described in paragraph (2), or the offering (2) COVERED DOCUMENT.—The term ‘‘cov- the plain writing section of the agency’s of an amendment thereto or the submission ered document’’— website a report that describes the agency of a conference report thereon—

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.047 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5865 (A) the Chairman of the Senate Committee timates that the initiative would be at least port that affects direct spending, receipts, or on the Budget may adjust the discretionary as cost effective as the redeterminations of appropriations as those terms have been de- spending limits, the budgetary aggregates in eligibility described in this subparagraph. fined and interpreted for purposes of the Bal- the concurrent resolution on the budget (II) AMOUNTS.—For fiscal year 2011, anced Budget and Emergency Deficit Control most recently adopted by the Senate and the $34,340,000, for fiscal year 2012, $34,683,000, and Act of 1985. House of Representatives, and allocations for fiscal year 2013, $35,030,000. (5) POINT OF ORDER.— pursuant to section 302(a) of the Congres- (D) HEALTH CARE FRAUD AND ABUSE.— (A) IN GENERAL.—When the Senate is con- sional Budget Act of 1974, by the amount of (i) IN GENERAL.—If a bill or joint resolution sidering a bill, resolution, amendment, mo- new budget authority in that measure for is reported making appropriations for fiscal tion, or conference report, if a point of order that purpose and the outlays flowing there year 2011, 2012, or 2013 that includes the is made by a Senator against an emergency from; and amount described in clause (ii) for the designation in that measure, that provision (B) following any adjustment under sub- Health Care Fraud and Abuse Control pro- making such a designation shall be stricken paragraph (A), the Senate Committee on Ap- gram at the Department of Health & Human from the measure and may not be offered as propriations may report appropriately re- Services for that fiscal year, the adjustment an amendment from the floor. vised suballocations pursuant to section for purposes of paragraph (1) shall be the (B) SUPERMAJORITY WAIVER AND APPEALS.— 302(b) of the Congressional Budget Act of 1974 amount of budget authority in that measure (i) WAIVER.—Subparagraph (A) may be to carry out this subsection. for that initiative but not to exceed the waived or suspended in the Senate only by (2) MATTERS DESCRIBED.—Matters referred amount described in clause (ii). an affirmative vote of three-fifths of the to in paragraph (1) are as follows: (ii) AMOUNT.—The amount referred to in Members, duly chosen and sworn. (A) OVERSEAS DEPLOYMENTS AND OTHER AC- clause (i) is for fiscal year 2011, $314,000,000, (ii) APPEALS.—Appeals in the Senate from TIVITIES.—If a bill or joint resolution is re- for fiscal year 2012, $317,000,000, and for fiscal the decisions of the Chair relating to any ported making appropriations for fiscal year year 2013, $320,000,000. provision of this paragraph shall be limited 2011, 2012, or 2013, that provides funding for (E) UNEMPLOYMENT INSURANCE IMPROPER to 1 hour, to be equally divided between, and overseas deployments and other activities, PAYMENT REVIEWS.—If a bill or joint resolu- controlled by, the appellant and the manager the adjustment for purposes paragraph (1) tion is reported making appropriations for of the bill or joint resolution, as the case shall be the amount of budget authority in fiscal year 2011, 2012, or 2013 that includes may be. An affirmative vote of three-fifths of that measure for that purpose but not to ex- $10,000,000, plus an additional amount for in- the Members of the Senate, duly chosen and ceed— person reemployment and eligibility assess- sworn, shall be required to sustain an appeal (i) with respect to fiscal year 2011, ments and unemployment improper payment of the ruling of the Chair on a point of order $50,000,000,000 in new budget authority; reviews for the Department of Labor, the ad- raised under this paragraph. (ii) with respect to fiscal year 2012, justment for purposes paragraph (1) shall be (C) DEFINITION OF AN EMERGENCY DESIGNA- $50,000,000,000 in new budget authority; and the amount of budget authority in that TION.—For purposes of subparagraph (A), a (iii) with respect to fiscal year 2013, measure for that initiative but not to ex- provision shall be considered an emergency $50,000,000,000 in new budget authority. ceed— designation if it designates any item as an (B) INTERNAL REVENUE SERVICE TAX EN- (i) with respect to fiscal year 2011, emergency requirement pursuant to this FORCEMENT.— $51,000,000 in new budget authority; paragraph. (i) IN GENERAL.—If a bill or joint resolution (ii) with respect to fiscal year 2012, (D) FORM OF THE POINT OF ORDER.—A point is reported making appropriations for fiscal $51,000,000 in new budget authority; and of order under subparagraph (A) may be year 2011, 2012, or 2013, that includes the (iii) with respect to fiscal year 2013, raised by a Senator as provided in section amount described in clause (ii)(I), plus an ad- $52,000,000 in new budget authority. 313(e) of the Congressional Budget Act of ditional amount for enhanced tax enforce- (F) LOW-INCOME HOME ENERGY ASSISTANCE 1974. ment to address the Federal tax gap (taxes PROGRAM (LIHEAP).—If a bill or joint resolu- (E) CONFERENCE REPORTS.—When the Sen- owed but not paid) described in clause tion is reported making appropriations for ate is considering a conference report on, or (ii)(II), the adjustment for purposes of para- fiscal year 2011, 2012, or 2013 that includes an amendment between the Houses in rela- graph (1) shall be the amount of budget au- $3,200,000,000 in funding for the Low-Income tion to, a bill, upon a point of order being thority in that measure for that initiative Home Energy Assistance Program and pro- not exceeding the amount specified in clause vides an additional amount up to made by any Senator pursuant to this para- (ii)(II) for that fiscal year. $1,900,000,000 for that program, the adjust- graph, and such point of order being sustained, such material contained in such con- (ii) AMOUNTS.—The amounts referred to in ment for purposes of paragraph (1) shall be clause (i) are as follows: the amount of budget authority in that ference report shall be deemed stricken, and (I) For fiscal year 2011, $7,171,000,000, for measure for that initiative but not to exceed the Senate shall proceed to consider the fiscal year 2012, $7,243,000,000, and for fiscal $1,900,000,000. question of whether the Senate shall recede year 2013, $7,315,000,000. (d) EMERGENCY SPENDING.— from its amendment and concur with a fur- (II) For fiscal year 2011, $899,000,000, for fis- (1) AUTHORITY TO DESIGNATE.—In the Sen- ther amendment, or concur in the House cal year 2012, and $908,000,000, for fiscal year ate, with respect to a provision of direct amendment with a further amendment, as 2013, $917,000,000. spending or receipts legislation or appropria- the case may be, which further amendment (C) CONTINUING DISABILITY REVIEWS AND SSI tions for discretionary accounts that Con- shall consist of only that portion of the con- REDETERMINATIONS.— gress designates as an emergency require- ference report or House amendment, as the (i) IN GENERAL.—If a bill or joint resolution ment in such measure, the amounts of new case may be, not so stricken. Any such mo- is reported making appropriations for fiscal budget authority, outlays, and receipts in all tion in the Senate shall be debatable. In any year 2011, 2012, or 2013 that includes the fiscal years resulting from that provision case in which such point of order is sustained amount described in clause (ii)(I), plus an ad- shall be treated as an emergency require- against a conference report (or Senate ditional amount for Continuing Disability ment for the purpose of this subsection. amendment derived from such conference re- Reviews and Supplemental Security Income (2) EXEMPTION OF EMERGENCY PROVISIONS.— port by operation of this subsection), no fur- Redeterminations for the Social Security Any new budget authority, outlays, and re- ther amendment shall be in order. Administration described in clause (ii)(II), ceipts resulting from any provision des- (6) CRITERIA.— the adjustment for purposes of paragraph (1) ignated as an emergency requirement, pursu- (A) IN GENERAL.—For purposes of this sub- shall be the amount of budget authority in ant to this subsection, in any bill, joint reso- section, any provision is an emergency re- that measure for that initiative not exceed- lution, amendment, or conference report quirement if the situation addressed by such ing the amount specified in clause (ii)(II) for shall not count for purposes of this section, provision is— that fiscal year. sections 302 and 311 of this Act, section 201 of (i) necessary, essential, or vital (not mere- (ii) AMOUNTS.—The amounts referred to in S. Con. Res. 21 (110th Congress) (relating to ly useful or beneficial); clause (i) are as follows: pay-as-you-go), section 311 of S. Con. Res. 70 (ii) sudden, quickly coming into being, and (I) For fiscal year 2011, $276,000,000, for fis- (110th Congress) (relating to long-term defi- not building up over time; cal year 2012, $278,000,000, and for fiscal year cits), and section 404 of S. Con. Res. 13 (111th (iii) an urgent, pressing, and compelling 2013, $281,000,000. Congress). need requiring immediate action; (II) For fiscal year 2011, $490,000,000; for fis- (3) DESIGNATIONS.—If a provision of legisla- (iv) subject to clause (ii), unforeseen, un- cal year 2012, and $495,000,000; for fiscal year tion is designated as an emergency require- predictable, and unanticipated; and 2013, $500,000,000. ment under this subsection, the committee (v) not permanent, temporary in nature. (iii) ASSET VERIFICATION.— report and any statement of managers ac- (7) UNFORESEEN.—An emergency that is (I) IN GENERAL.—The additional appropria- companying that legislation shall include an part of an aggregate level of anticipated tion permitted under clause (ii)(II) may also explanation of the manner in which the pro- emergencies, particularly when normally es- provide that a portion of that amount, not to vision meets the criteria in paragraph (6). timated in advance, is not unforeseen. exceed the amount specified in subclause (II) (4) DEFINITIONS.—In this subsection, the (e) LIMITATIONS ON CHANGES TO EXEMP- for that fiscal year instead may be used for terms ‘‘direct spending’’, ‘‘receipts’’, and TIONS.—It shall not be in order in the Senate asset verification for Supplemental Security ‘‘appropriations for discretionary accounts’’ or the House of Representatives to consider Income recipients, but only if, and to the ex- mean any provision of a bill, joint resolu- any bill, resolution, amendment, or content that the Office of the Chief Actuary es- tion, amendment, motion, or conference reference report that would exempt any new

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.045 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE S5866 CONGRESSIONAL RECORD — SENATE July 14, 2010 budget authority, outlays, and receipts from (b) STUDY OF REGISTRATION THRESHOLDS.— 5): Monitoring and Verification of being counted for purposes of this section. (1) STUDY.— Treaty compliance.’’ (f) POINT OF ORDER IN THE SENATE.— (A) ANALYSIS REQUIRED.—The Chief Econo- The PRESIDING OFFICER. Without (1) WAIVER.—The provisions of subsections mist and Director of the Division of Corpora- objection, it is so ordered. (a) and (e) may be waived or suspended in the tion Finance of the Commission shall jointly Senate only— conduct a study, including a cost-benefit COMMITTEE ON FOREIGN RELATIONS (A) by the affirmative vote of two-thirds of analysis, of shareholder registration thresh- Mr. HARKIN. Mr. President, I ask the Members, duly chosen and sworn; or olds. unanimous consent that the Com- (B) in the case of the defense budget au- (B) COSTS AND BENEFITS.—The cost-benefit mittee on Foreign Relations be author- thority, if Congress declares war or author- analysis under subparagraph (A) shall take ized to meet during the session of the izes the use of force. into account— Senate on July 14, 2010, at 2 p.m., to (2) APPEAL.—Appeals in the Senate from (i) the incremental benefits to investors of the decisions of the Chair relating to any hold a hearing entitled ‘‘Afghanistan: the increased disclosure that results from Governance and the Civilian Strat- provision of this section shall be limited to 1 registration; hour, to be equally divided between, and con- (ii) the incremental costs to issuers associ- egy.’’ trolled by, the appellant and the manager of ated with registration and reporting require- The PRESIDING OFFICER. Without the measure. An affirmative vote of two- ments; and objection, it is so ordered. thirds of the Members of the Senate, duly (iii) the incremental administrative costs COMMITTEE ON VETERANS’ AFFAIRS chosen and sworn, shall be required to sus- to the Commission associated with different Mr. HARKIN. Mr. President, I ask tain an appeal of the ruling of the Chair on thresholds. unanimous consent that the Com- a point of order raised under this section. (C) THRESHOLDS.—The cost-benefit analysis (3) LIMITATIONS ON CHANGES TO THIS SUB- mittee on Veterans’ Affairs be author- under subparagraph (A) shall evaluate ized to meet during the session of the SECTION.—It shall not be in order in the Sen- whether it is advisable to— ate or the House of Representatives to con- (i) increase the asset threshold; Senate on July 14, 2010. The Committee sider any bill, resolution, amendment, or (ii) index the asset threshold to a measure will meet in room 418 of the Russell conference report that would repeal or other- of inflation; Senate Office Building beginning at wise change this subsection. (iii) increase the shareholder threshold; 9:30 a.m. SA 4476. Mrs. HUTCHISON (for her- (iv) change the shareholder threshold to be The PRESIDING OFFICER. Without based on the number of beneficial owners; self and Mr. BAYH) submitted an objection, it is so ordered. and amendment intended to be proposed by SUBCOMMITTEE ON CRIME AND DRUGS (v) create new thresholds based on other Mr. HARKIN. Mr. President, I ask her to the bill H.R. 5297, to create the criteria. unanimous consent that the Com- Small Business Lending Fund Program (2) REPORT.—Not later than 2 years after to direct the Secretary of the Treasury the date of enactment of this Act, the Chief mittee on the Judiciary, Sub- to make capital investments in eligible Economist and the Director of the Division committee on Crime and Drugs, be au- institutions in order to increase the of Corporation Finance of the Commission thorized to meet during the session of availability of credit for small busi- shall jointly submit to the Committee on the Senate, on July 14, 2010, at 10 a.m., nesses, to amend the Internal Revenue Banking, Housing, and Urban Affairs of the in room SD–226 of the Dirksen Senate Code of 1986 to provide tax incentives Senate and the Committee on Financial Office Building, to conduct a hearing for small business job creation, and for Services of the House of Representatives a entitled ‘‘Evaluating The Justice report that includes— other purposes; which was ordered to (A) the findings of the study required Against Sponsors of Terrorism Act, S. lie on the table; as follows: under paragraph (1); and 2930.’’ At the appropriate place, insert the fol- (B) recommendations for statutory The PRESIDING OFFICER. Without lowing: changes to improve the shareholder registra- objection, it is so ordered. SEC. l. SHAREHOLDER REGISTRATION THRESH- tion thresholds. SUBCOMMITTEE ON INTERNATIONAL TRADE, OLD. (c) RULEMAKING.—Not later than one year CUSTOMS, AND GLOBAL COMPETITIVENESS (a) AMENDMENTS TO THE SECURITIES EX- after the date of enactment of this Act, the Mr. HARKIN. Mr. President, I ask CHANGE ACT OF 1934.— Commission shall issue final regulations to (1) SECTION 12.—Section 12(g) of the Securi- unanimous consent that the Sub- implement this section and the amendments committee on International Trade, ties Exchange Act of 1934 (15 U.S.C. 781(g)) is made by this section. amended— Customs, and Global Competitiveness (A) in paragraph (1)— f of the Committee on Finance be au- (i) by striking subparagraphs (A) and (B) AUTHORITY FOR COMMITTEES TO thorized to meet during the session of and inserting the following: MEET the Senate on July 14, 2010, at 3 p.m., in ‘‘(A) in the case of an issuer that is a bank, room 215 of the Dirksen Senate Office as such term is defined in section 3(a)(6) of COMMITTEE ON ARMED SERVICES this title, or a bank holding company, as Mr. HARKIN. Mr. President, I ask Building, to conduct a hearing entitled such term is defined in section (2) of the unanimous consent that the Com- ‘‘Marine Wealth: Promoting Conserva- Bank Holding Company Act of 1956 (12 U.S.C. mittee on Armed Services be author- tion and Advancing American Ex- 1841), 2000 persons or more; and ized to meet during the session of the ports.’’ ‘‘(B) in the case of an issuer that is not a Senate on July 14, 2010, at 2:30 p.m. The PRESIDING OFFICER. Without bank or bank holding company, 500 persons objection, it is so ordered. or more,’’; and The PRESIDING OFFICER. Without SUBCOMMITTEE ON WATER AND POWER (ii) by striking ‘‘commerce shall’’ and in- objection, it is so ordered. Mr. HARKIN. Mr. President, I ask serting ‘‘commerce shall, not later than 120 COMMITTEE ON FINANCE unanimous consent that the Sub- days after the last day of its first fiscal year Mr. HARKIN. Mr. President, I ask committee on Water and Power be au- ended after the effective date of this sub- unanimous consent that the Com- section, on which the issuer has total assets thorized to meet during the session of mittee on Finance be authorized to exceeding $10,000,000 and a class of equity se- the Senate in order to conduct a hear- meet during the session of the Senate curity (other than an exempted security) ing on Wednesday, July 14, at 3:30 p.m., on July 14, 2010, at 10 a.m., in room 215 held of record by’’; and in room SD–366 of the Dirksen Senate (B) in paragraph (4), by striking ‘‘three of the Dirksen Senate Office Building, Office Building. hundred’’ and inserting ‘‘300 persons, or, in to conduct a hearing entitled ‘‘The Fu- the case of a bank, as such term is defined in The PRESIDING OFFICER. Without ture of Individual Tax Rates: Effects on objection, it is so ordered. section 3(a)(6) of this title, or a bank holding Economic Growth and Distribution.’’ company, as such term is defined in section f (2) of the Bank Holding Company Act of 1956 The PRESIDING OFFICER. Without (12 U.S.C. 1841), 1200’’. objection, it is so ordered. PRIVILEGES OF THE FLOOR (2) SECTION 15.—Section 15(d) of the Securi- COMMITTEE ON FOREIGN RELATIONS Mr. HARKIN. Mr. President, I ask ties Exchange Act of 1934 (15 U.S.C. 78o(d)) is Mr. HARKIN. Mr. President, I ask unanimous consent that Stephen Hart, amended, in the third sentence, by striking unanimous consent that the Com- Sean Long, Cara Krueger, and Jesse ‘‘three hundred’’ and inserting ‘‘300 persons, mittee on Foreign Relations be author- Greenwald, of my staff, be granted the or, in the case of bank, as such term is defined in section 3(a)(6) of this title, or a bank ized to meet during the session of the privilege of the floor for the duration holding company, as such term is defined in Senate on July 14, 2010, at 9:30 a.m., to of today’s proceedings. section (2) of the Bank Holding Company Act hold a closed hearing entitled ‘‘The The PRESIDING OFFICER. Without of 1956 (12 U.S.C. 1841), 1200’’. New START Treaty (Treaty Doc. 111– objection, it is so ordered.

VerDate Mar 15 2010 03:26 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A14JY6.045 S14JYPT1 pwalker on DSK8KYBLC1PROD with SENATE July 14, 2010 CONGRESSIONAL RECORD — SENATE S5867 Mr. DODD. Mr. President, I ask unan- SEC. 2. EMERGENCY MANAGEMENT ASSISTANCE The assistant legislative clerk read imous consent that Michael Adelman, COMPACT GRANTS. as follows: Section 661(d) of the Post-Katrina Emergency Dylan Aluise, Tyler Blaser, Jeremy Management Reform Act of 2006 (6 U.S.C. A bill (S. 3588) to limit the moratorium on Bui, Michael Curto, Teddy Downe, Tim 761(d)) is amended by striking ‘‘fiscal year 2008’’ certain permitting and drilling activities Fitzsimons, Sarah Flanagan, Oliver and inserting ‘‘each of fiscal years 2010 through issued by the Secretary of the Interior, and Hayes, Megan Keenan, Evan Kravitz, 2012’’. for other purposes. Alice Lu, Lena Peck, Mackie Reilly, Mr. LEVIN. Mr. President, I ask Mr. LEVIN. Mr. President, I ask for a Jamie Winchester, and Ben Yeo be unanimous consent that the com- second reading, and under the provi- granted floor privileges for the dura- mittee-reported substitute be agreed sions of rule XIV, I object to my own tion of the debate on the conference re- to; the bill, as amended, be read a third request. The PRESIDING OFFICER. Objec- port to accompanying H.R. 4173, the time and passed; the motions to recon- tion is heard. The bill will be read for Wall Street Reform and Consumer Pro- sider be laid upon the table, with no in- the second time on the next legislative tection Act. tervening action or debate, and any day. The PRESIDING OFFICER. Without statements related to the bill be print- objection, it is so ordered. ed in the RECORD. f f The PRESIDING OFFICER. Without ORDERS FOR THURSDAY, JULY 15, STEVE GOODMAN POST OFFICE objection, it is so ordered. 2010 The committee amendment in the BUILDING Mr. LEVIN. Mr. President, I ask nature of a substitute was agreed to. The bill, (S. 1288), as amended, was unanimous consent that when the Sen- ordered to be engrossed for a third ate completes its business today, it ad- ZACHARY SMITH POST OFFICE journ until 9:30 on Thursday, July 15; BUILDING reading, was read the third time, and passed. that following the prayer and the pledge, the Journal of proceedings be f approved to date, the morning hour be MICHAEL C. ROTHBERG POST MODIFYING DATE THE ADMINIS- deemed to have expired, the time for OFFICE BUILDING TRATOR OF THE ENVIRON- the two leaders be reserved for their Mr. LEVIN. Mr. President, I ask MENTAL PROTECTION AGENCY use later in the day; that following any unanimous consent that the Senate AND APPLICABLE STATES MAY leader remarks, the Senate resume proceed to the following postal naming REQUIRE PERMITS consideration of the conference report bills en bloc: Calendar Nos. 450, 451, and Mr. LEVIN. Mr. President, I ask to accompany H.R. 4173, the Wall 452; H.R. 4861, H.R. 5051, and H.R. 5099. unanimous consent that the Senate Street reform bill, as provided for There being no objection, the Senate proceed to the immediate consider- under the previous order. proceeded to consider the bills en bloc. ation of Calendar No. 433, S. 3372. The PRESIDING OFFICER. Without Mr. LEVIN. I ask unanimous consent The PRESIDING OFFICER. The objection, it is so ordered. that the bills be read a third time and clerk will report the bill by title. f passed en bloc, the motions to recon- The assistant legislative clerk read PROGRAM sider be laid upon the table en bloc, as follows: Mr. LEVIN. Mr. President, Senators with no intervening action or debate, A bill (S. 3372) to modify the date on which and any statements relating to the the Administrator of the Environmental should expect a rollcall vote at ap- bills be printed in the RECORD. Protection Agency and applicable States proximately 11 a.m. tomorrow. That The PRESIDING OFFICER. Without may require permits for discharges from per- vote will be on the motion to invoke objection, it is so ordered. cent vessels. cloture on the Wall Street reform con- The bills (H.R. 4861, H.R. 5051, H.R. There being no objection, the Senate ference report. 5099) were orderd to be read a third proceeded to consider the bill. f time, were read the third time, and Mr. LEVIN. Mr. President, I ask ADJOURNMENT UNTIL 9:30 A.M. passed. unanimous consent that the bill be TOMORROW f read a third time and passed, the motion to reconsider be laid upon the Mr. LEVIN. Mr. President, if there is EMERGENCY MANAGEMENT AS- table, with no intervening action or de- no further business to come before the SISTANCE COMPACT GRANT RE- bate, and any statements related to the Senate, I ask unanimous consent that AUTHORIZATION ACT OF 2009 bill be printed in the RECORD. it adjourn under the previous order. Mr. LEVIN. Mr. President, I ask The PRESIDING OFFICER. Without There being no objection, the Senate, unanimous consent that the Senate objection, it is so ordered. at 8:01 p.m., adjourned until Thursday, proceed to the immediate consider- The bill (S. 3372) was ordered to be July 15, 2010, at 9:30 a.m. ation of Calendar No. 223, S. 1288. engrossed for a third reading, was read f The PRESIDING OFFICER. The the third time, and passed, as follows: NOMINATIONS clerk will report the bill by title. S. 3372 Executive nominations received by The assistant legislative clerk read Be it enacted by the Senate and House of Rep- as follows: resentatives of the United States of America in the Senate: A bill (S. 1288) to authorize appropriations Congress assembled, THE JUDICIARY for grants to the States participating in the SECTION 1. DISCHARGES INCIDENTAL TO NOR- VICTORIA FRANCES NOURSE, OF WISCONSIN, TO BE MAL OPERATION OF VESSELS. UNITED STATES CIRCUIT JUDGE FOR THE SEVENTH CIR- Emergency Management Assistant Compact, CUIT, VICE TERENCE T. EVANS, RETIRED. and for other purposes. Section 2(a) of Public Law 110–299 (33 MARCO A. HERNANDEZ, OF OREGON, TO BE UNITED There being no objection, the Senate U.S.C. 1342 note) is amended by striking STATES DISTRICT JUDGE FOR THE DISTRICT OF OREGON, ‘‘during the 2-year period beginning on the VICE GARR M. KING, RETIRED. proceeded to consider the bill, which BERYL ALAINE HOWELL, OF THE DISTRICT OF COLUM- date of enactment of this Act’’ and inserting BIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE had been reported from the Committee ‘‘during the period beginning on the date of DISTRICT OF COLUMBIA, VICE PAUL L. FRIEDMAN, RE- on Homeland Security and Govern- the enactment of this Act and ending on De- TIRED. STEVE C. JONES, OF GEORGIA, TO BE UNITED STATES mental Affairs, with an amendment to cember 18, 2013’’. DISTRICT JUDGE FOR THE NORTHERN DISTRICT OF strike all after the enacting clause and f GEORGIA, VICE ORINDA D. EVANS, RETIRED. insert in lieu thereof the following: SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED MEASURE READ THE FIRST STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT S. 1288 OF ILLINOIS, VICE JEANNE E. SCOTT, RESIGNED. TIME—S. 3588 DIANA SALDANA, OF TEXAS, TO BE UNITED STATES Be it enacted by the Senate and House of Rep- DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF resentatives of the United States of America in Mr. LEVIN. Mr. President, I under- TEXAS, VICE GEORGE P. KAZAN, RETIRED. stand that there is a bill at the desk. I MICHAEL H. SIMON, OF OREGON, TO BE UNITED STATES Congress assembled, DISTRICT JUDGE FOR THE DISTRICT OF OREGON, VICE SECTION 1. SHORT TITLE. ask for its first reading. ANCER L. HAGGERTY, RETIRED. This Act may be cited as the ‘‘Emergency The PRESIDING OFFICER. The DEPARTMENT OF JUSTICE clerk will read the bill by title for the Management Assistance Compact Grant Reau- CONRAD ERNEST CANDELARIA, OF NEW MEXICO, TO BE thorization Act of 2009’’. first time. UNITED STATES MARSHAL FOR THE DISTRICT OF NEW

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MEXICO FOR THE TERM OF FOUR YEARS, VICE GORDEN BRETT L. WELDEN JOHN P. STALEY EDWARD EDEN, JR., TERM EXPIRED. HEIDI I. WHITESCARVER MARK A. STEVENS JAMES EDWARD CLARK, OF KENTUCKY, TO BE UNITED MORRIS E. WILDER GEORGE E. STOPPLECAMP STATES MARSHAL FOR THE WESTERN DISTRICT OF KEN- CORY M. WILLIAMS AUDRA L. TAYLOR TUCKY FOR THE TERM OF FOUR YEARS, VICE RONALD PAMELA M. WULF JOSEPH E. THEMANN RICHARD MCCUBBIN, JR., TERM EXPIRED. GEORGE W. THOMPSON III THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH ANTHONY PAPILI, OF DELAWARE, TO BE CHRISTOPHER M. TODD TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNITED STATES MARSHAL FOR THE DISTRICT OF DELA- CHARLES L. UNRUH VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS WARE FOR THE TERM OF FOUR YEARS, VICE DAVID WIL- ROY L. VERNON, JR. 624 AND 3064: LIAM THOMAS, TERM EXPIRED. JOHN D. VETTER JAMES ALFRED THOMPSON, OF UTAH, TO BE UNITED To be lieutenant colonel JOSEPH K. WEAVER STATES MARSHAL FOR THE DISTRICT OF UTAH FOR THE JONATHAN R. WEBB TERM OF FOUR YEARS, VICE RANDALL DEAN ANDERSON, DERRON A. ALVES EDWARD J. WEINBERG TERM EXPIRED. MICHAEL R. BONHAGE RONALD J. WHALEN MARK F. GREEN, OF OKLAHOMA, TO BE UNITED STATES JENNIFER L. CHAPMAN JOHN E. WHITE ATTORNEY FOR THE EASTERN DISTRICT OF OKLAHOMA NICOLE A. CHEVALIER RICHARD A. WILSON FOR THE TERM OF FOUR YEARS, VICE SHELDON J. REBECCA I. EVANS RAQUEL D. WRIGHT SPERLING, TERM EXPIRED. CHRISTOPHER S. GAMBLE DEREK O. ZITKO JOSEPH H. HOGSETT, OF INDIANA, TO BE UNITED JAMES T. GILES D002473 STATES ATTORNEY FOR THE SOUTHERN DISTRICT OF IN- MADONNA M. HIGGINS D003890 KIMBERLY LAWLER DIANA FOR THE TERM OF FOUR YEARS, VICE SUSAN W. D003940 JOSEPH NOVAK, JR. BROOKS, RESIGNED. D006711 DOUGLAS S. OWENS IN THE MARINE CORPS CARL I. SHAIA THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR DEIDRA J. SHUCKLEE APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEIDRE E. STOFFREGEN UNITED STATES ARMY JUDGE ADVOCATE GENERAL’S IN THE UNITED STATES MARINE CORPS RESERVE TO THE MATT S. TAKARA CORPS UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SAMUEL L. YINGST To be major To be brigadier general THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY EDWARD J. BENZ III COL. WILLIAM T. COLLINS MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- COL. JAMES S. HARTSELL TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. ROGER R. MACHUT TO THE GRADE INDICATED IN THE UNITED STATES ARMY COL. MARCELA J. MONAHAN To be lieutenant colonel MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND 3064: IN THE ARMY JENNIFER L. ANDERSON RONALD M. ATKINSON, SR. To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES R. AUVIL TO THE GRADE INDICATED IN THE UNITED STATES ARMY BARBARA J. BACHMAN PAUL W. CARDEN NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND KEVIN R. BASS DAVID A. FREEL 3064: JOHN D. BELEW NORMAN W. GILL III To be lieutenant colonel ENRICO Z. BERMUDEZ PAGE A. KARSTETER DANIEL C. BRANT, JR. JAMES T. MILLS III ILSE K. ALUMBAUGH LOLITA M. BURRELL JAMES T. SCHUMACHER, JR. CRISTINA R. BAGAYMETCALF JONATHAN B. BUTLER AMY J. TREVINO KIMBERLIE A. BIEVER JENNIFER J. CAMP JOHNNY R. VANDIVER SIMONA A. BLACK JOSE E. CAPOAPONTE JOHN M. VONDRUSKA REBECCA L. BLANKENSHIP ROBERTO CARDENAS SHERRY L. WOMACK ROBIN R. BLIXT STACEY L. CAUSEY IN THE NAVY KRISTIN A. BROWN DONALD J. CHAPMAN GLEN E. CARLSSON CYNTHIA Y. CHILDRESS THE FOLLOWING NAMED OFFICERS FOR TEMPORARY DAVID A. CERVANTES WILLIAM D. CLYDE APPOINTMENT TO THE GRADE INDICATED IN THE AMAL CHATILA NOEL A. CUFF UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION MICHAEL B. CLINE GAYLE DAVIS 5721: LASHANDA C. COBBS WILLIE E. DAVIS DEWEY R. COLLIER II JAMES C. DEAK To be lieutenant commander DONALD D. DENDY FRED L. DELACRUZ JARED A. BATTANI CARLA M. DICKINSON ALYSON M. DELANEY KARL BRANDL AMANDA R. FORRISTAL SCOT A. DOBOSZENSKI JODY D. BRONAUGH XIOMARA I. FRAY PATRICK A. DONAHUE WILLIAM H. BROWN BETTY K. GARNER CURTIS W. DOUGLASS DAVID E. BYRNE JOHN J. GODESA CHRISTOPHER F. DRUM MICHAEL CANAVATI, JR. CLYDE L. HILL, JR. ERIC C. DRYNAN MICHAEL J. CLUVER KATHI J. HILL MARLA J. FERGUSON CARL R. CRINGLE KEITH F. HOLLIDAY DONALD E. FINE, JR. ROBERT L. EDMONSON III SUSAN G. HOPKINSON JAMES T. FLANAGAN, JR. SEAN C. FLANAGAN CRYSTAL L. HOUSE RICHARD G. FORNILI JOSEPH M. FONTENOT CONSTANCE L. JENKINS FRANCIS M. FOTA PETER A. GAAL HARRIET D. JOHNSON TOBIAS J. GLISTER LADONNA M. GORDON LISA M. JOHNSON JORDAN V. HENDERSON JON S. HALL MARJORIE A. JOHNSON SHARON L. HENDERSON TRACY L. HANSON SAMUEL L. JONES, JR. MICHAEL S. HOGAN CHARLES D. LINNEMANN ROBERT E. KUTSCHMAN MICHAEL S. HUGHES MICHAEL R. MAZZONE ERIC J. LEWIS RALPH T. JENKINS ROBERT J. MCDOWELL, JR. KELLY J. LONGENECKER DEBORAH R. JOHNSON JOSEPH B. MITZEN MARK A. MACDOUGALL THOMAS A. JONES ADAM J. PAPPAS ELIZABETH A. MANN TATHETRA M. JOSEPH SETH A. RUMLER LEROY MARKLUND DIRK D. LAFLEUR JEREAD L. SINES JOHN J. MELVIN KELLY M. LAUREL JAMES G. TUTHILL III KRISTAL C. MELVIN JAMES E. LEE KATHRYN S. WIJNALDUM JOHN F. MEYER, JR. EDWARD F. MANDRIL MICHAEL A. WITHERILL LISA E. MILLER DAVID A. MARQUEZ ROBERT D. YOUNG PAUL B. MITTELSTEADT TERRY M. MARTINEZ ANNE M. MITZAK ERIC M. MCCLUNG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL S. MURPHY JENNIFER J. MCDANNALD TO THE GRADE INDICATED IN THE UNITED STATES NAVY BEEBE A. NAYBACK DENNIS MCGURK UNDER TITLE 10, U.S.C., SECTION 624: LEONETTA T. OLIPHANT CHARLES O. MCKEITHEN, JR. WENDY M. PERRY DEBRA J. MCNAMARA To be lieutenant commander DOUGLAS A. PHILLIPS ANTHONY A. MEADOR VIRGINIA SKIBA KYLEE V. PLUMMER CARZELL MIDDLETON VICTORIA J. PREHN TODD J. MOULTRIE KATHY PRESPER SCOTT A. MOWER f CATHY L. PRICE NEIL I. NELSON SHARON L. PURVIANCE SCOTT H. NEWKIRK WITHDRAWAL EVELYN J. QUAINE ERIC J. NEWLAND CINDY S. RENAKER MATTHEW J. OTTING Executive Message transmitted by JOAN K. RIORDAN ERIC E. POULSEN MELAINA E. SHARPE ROBERT D. PRINS the President to the Senate on July 14, ANGELA M. SIMMONS JAMES L. REYNOLDS 2010 withdrawing from further Senate JAMES E. SIMMONS JONATHAN C. RUWE ANGELA L. STONE THERESA E. SAVILLE consideration the following nomina- ASTRID D. STURM BEVERLY S. SCOTT tion: JOHN E. TAYLOR DAVID W. SEED BRIDGET R. TERWILLIGER AATIF M. SHEIKH SUE E. MYERSCOUGH, OF ILLINOIS, TO BE UNITED RUTH J. TIMMS STEVEN E. SHIPLEY STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT MAI T. TRAN DAVID L. SLONIKER OF ILLINOIS, VICE JOE B. MCDADE, RETIRED, WHICH WAS MELISSA A. WALLACE COREY L. SMALLS SENT TO THE SENATE ON JUNE 17, 2010.

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S. PRESTON WILLIAMS HONORING THE 20TH ANNIVER- HONORING ANN SILBERFEIN ON SARY OF THE AFFORDABLE THE OCCASION OF HER 100TH HOUSING PROGRAM BIRTHDAY HON. SAM GRAVES OF MISSOURI HON. GARY L. ACKERMAN HON. MAURICE D. HINCHEY OF NEW YORK IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Wednesday, July 14, 2010 IN THE HOUSE OF REPRESENTATIVES Wednesday, July 14, 2010 Mr. ACKERMAN. Madam Speaker, I rise to Mr. GRAVES of Missouri. Madam Speaker, Wednesday, July 14, 2010 it is with great pleasure that I rise today to rec- honor the remarkable life of Ann Permut ognize the outstanding service of Mr. S. Pres- Mr. HINCHEY. Madam Speaker, I rise today Silberfein as she approaches the occasion of her 100th birthday. ton Williams of North Kansas City, Missouri. to honor the 20th anniversary of the Affordable Ann Permut Silberfein was born of immi- Mr. Williams has been awarded the Alexander Housing Program created by the Federal Home Loan Bank. grant parents; Rose Sachawetsky of Russia Doniphan Community Service Award for car- and Nathan Permut of Kiev on September 25, rying on Doniphan’s legacy through a lifetime Since it was chartered by Congress in 1932, 1910. Her parents came to America as chil- of service in the areas of military, law, con- the Federal Home Loan Bank has become the dren with their parents to escape the religious servation, and community involvement. largest source of mortgage lending in the persecution that was, unfortunately, so com- United States. This venerable institution has Mr. Williams proudly served our country in mon in Europe during the early 20th century. invested billions of dollars in communities Rose and Nathan met in America at a very the United States Marine Corps during World across our nation. These investments have re- young age, were married, and eventually start- War I. He served with the 3rd Marine Division sulted in the development of over 650,000 ed their own business: a curtain and linen in the South Pacific, seeing action in Bougain- housing units and the creation of 78,000 con- store at 670 Manhattan Avenue in Brooklyn. ville, Guadalcanal, and Guam. Following his struction jobs, lending additional economic se- They knew that owning their own business return to the United States, Mr. Williams con- curity to our local communities. The sound would not have been possible in Europe and tinued to serve his country as an instructor at practices of the Federal Home Loan Bank they embraced and achieved the American Camp Pendleton. He was released from serv- have made affordable housing, small business dream. ice in December of 1945. lending, foreclosure prevention, and financial Rose and Nathan’s children helped out in the family store when they were young. As Mr. Williams is a distinguished leader in the literacy possible by maximizing the capacity of our community-based banks to serve their customers checked out, young Ann Permut legal profession. He is a former Assistant neighborhoods. would write down the price of each item on a Prosecuting Attorney for Clay County and brown paper bag and would add the columns Twenty years ago, the Federal Home Loan served as Assistant Attorney General under in her head. Her years of calculating cus- Bank established the Affordable Housing Pro- Missouri Governor John Dalton. He strongly tomers’ tabs in her head put her ahead of her gram in order to increase the availability of supports the development of the legal profes- classmates and Ann, graduated from high mortgages and home finance to families of all sion through his membership in several Bar school at 16 years of age. Ann attended col- income levels. This laudable goal is being Associations. In 1998, he served as president lege and graduated from Jamaica Training achieved by the Bank setting aside 10% of its of the Clay County Bar and in 1999, he was School for Teachers. own private earnings to support the creation Ann later met her husband, George honored as Dean of the Bar by the Missouri and preservation of housing for lower income Bar Association. Silberfein. After a wonderful courtship, they families and individuals. This outstanding pro- were married on June 24, 1934. They lived on Mr. Williams is also involved in the con- gram has helped countless people achieve the Linden Boulevard in Brooklyn and moved to servation of wildlife. He is an avid member of dream of homeownership. It has also enabled Ridgefield Highlands until 1939, when they Ducks Unlimited and served in leadership countless others to secure high quality, safe moved to Huntington, New York. They spent roles from 1979 until 1986. In February of this and affordable rental units. many years as members of Cold Spring Coun- year, Ducks Unlimited named Mr. Williams the Under the guidance of President and CEO try Club, where Ann won many golf tour- first recipient of the S. Preston Williams Con- Alfred DelliBovi since 1992, the Federal Home naments. In May 1979, Ann and George servation Award. Loan Bank of New York has helped commu- moved to Hillcrest, Florida. Ann and George were married for 61 happy Mr. Williams is a strong figure in his local nity lenders throughout New York, New Jer- sey, Puerto Rico and the U.S. Virgin Islands years until George passed away in 1995. They community. He has served as councilman in advance housing and community growth. This gave their children, Judy and Manny, Michael North Kansas City and has been president of regional bank’s Affordable Housing Program and Jane, and Stephen and Linda, a love for the North Kansas City Historical Society. He has supported more than 1,200 projects with America and a drive to give back to the coun- received the North Kansas City High School grants totaling more than $350 million. This try that had done so much for their family. Alumni Hall of Fame award in 2004. He has has resulted in the creation of more than Their children all went on to college and gave also served as a member of the Mayor’s 50,000 units of affordable housing and the Ann and George nine grandchildren, Steve Corps of Progress and the Law Alumni Board generation of $6 billion in total development and Bonnie, Sue, Richie and Carol, Andy and of the University of Missouri-Kansas City. costs. This year the Federal Home Loan Bank Amy, Jimmy and Diane, Jeffrey, Adam, Scott of New York, announced that they have and Joey, and Jason and Paige. Madam Speaker, I ask that you join me in Ann still resides in Hillcrest and leads an ac- awarded $29.7 million in subsidies to fund 54 applauding Mr. S. Preston Williams for his tive life with her friends and family. As Ann affordable housing initiatives throughout the selfless acts of generosity through vol- prepares to celebrate her 100th birthday in region. unteerism. I know Mr. Williams’s colleagues, September, she rejoices in the warmth of her family, and friends join with me in thanking Today I stand to thank Mr. DelliBovi and the children, her grandchildren, and her 11 great him for his commitment to others and wishing Federal Home Loan Bank of New York for grandchildren: Emily, Jackie, Josh, Rebecca, him happiness and good health in his future their investments into our communities, to con- Tori, Jill, Matthew, Ryan, Mattie, Brady, and endeavors. gratulate them on the success of the program, Reese. and to offer my encouragement for them to Madam Speaker, on the occasion of her continue with this outstanding initiative. 100th birthday, I ask my colleagues in 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.

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For Glenn Felner; Rollin Flanagin; Ray Ford; Africa, the numbers and the situations are Jacob Forney; John Frothingham; Kenneth HON. DENNIS J. KUCINICH even more daunting. In the Republic of Mada- Gardner; Albert Gilman; Alvin Goodman, Jr.; Charles Goufas; Patricia Graves; Richard OF OHIO gascar, one of the first African nations to gain Hitzeroth; Don Holwerda; Donald Horton; IN THE HOUSE OF REPRESENTATIVES independence in 1960, more than two-thirds of Charles Hoyert; Michael Hrindak; James Wednesday, July 14, 2010 the population lives below the international Jones; Frank Kania; William Kaske; John poverty threshold of $1.25 a day. Throughout Keller; Robert Kelley; Mr. KUCINICH. Madam Speaker, I rise Africa, instability and poverty persist. Between Harry Klich; Herman Kok; Raymond today to honor the life and works of Harvey the unprecedented rates for various deadly Kriesemint; Anthony Kurek; Lloyd Lawson; Pekar. Best known for his work as an under- diseases, the bloody ethnic clashes, lan- George Leavitt; Herschel Leffingwell; Henry ground comic book writer, Mr. Pekar was an guishing economies, and notoriously corrupt Lewandowski; Robert Long; Norman Long; Jerry Lonigro; Hugh Lynch; Henry Malek; artist and critic of many talents. His brilliance government bodies, it is hard to celebrate this touched the lives of many in his native Cleve- Casimer Marks; Robert Marshall; Anthony ‘‘freedom’’ that they have attained without real- Matkovich; Edward Melnick; Norbert land home and throughout the world. izing the long-lasting consequences of Colo- Melsek; Donald Memenga; Arro Merijohn; In 1976, Mr. Pekar self-published the first nial rule and injustice. For these people, in the Raymond Mietz; Norman Million; Joseph issue of what went on to become his most fa- same countries that celebrated freedom from Mooha; Herbert Morrison; Jack Neistat; mous comic series: American Splendor. In this European powers just decades and years ago, Ralph Niles; Berthold Notheisen; Jerry series, he depicted the trials and tribulations of true freedom is still, but a goal. Novak; Oscar Olson; Ralph Raap; Genevieve Rafa; Frank Rafa; George Rinke; James a mundane working class life in Cleveland. As policymakers, we work toward fulfilling This raw depiction of the modern human con- Rosenbaum; Fred Ruben; Henry Rutkowski, the promises of our founding fathers and the Sr.; Charles Sauber; Herman Steagall; Wil- dition slowly attracted a readership within the generations of leaders that have come after liam Stowe; Harold Van Houten; underground comic book scene and peaked them. Their message is simple: to achieve Sander Wallk; Robert Walton; Raymond with a circulation of 10,000 in the early 1990s. freedom. We must remember today, tomorrow, Wasielewski; Norbert Wayer; Robert Weber; In 2003, his American Splendor series was and for every day of the foreseeable future Melton Williams; William Woodrow; Stanley adapted for film, receiving wide critical ac- that while we have come far from our colonial Zajac; James Zajicek; Donald Zentz; Arthur Bauer; John Shubic; and John Sladek. claim. days, there are still many people who have His artistic and critical talents were reflected not yet achieved that freedom. We must re- f in far more than just his defining series. Har- member, too, that our Nation was once in the ON THE SERVICE OF JESSICA I. vey Pekar was a distinguished essayist, jazz same situation as the many African nations MARTINEZ, NATIONAL YOUTH critic, and he collaborated on musical theatre are in today, and that we must support their PRESIDENT OF THE LEAGUE OF productions. progress and efforts toward helping their citi- UNITED LATIN AMERICAN CITI- Madam Speaker and colleagues, please join zens fulfill their potential. While we celebrate ZENS (LULAC) me in honoring the life of the artist Harvey this year as a cornerstone of their struggle to- Pekar. Pekar’s talent and works are unparal- ward attaining freedom, we must also remem- leled in his field. The world has lost a great HON. MARTIN HEINRICH ber that more change is needed to attain our OF NEW MEXICO treasure in his passing. He will be missed by shared promise. IN THE HOUSE OF REPRESENTATIVES those who knew him and knew of his work, f especially his wife Joyce Brabner and his Wednesday, July 14, 2010 adopted daughter Danielle. HONORING THE WORLD WAR II Mr. HEINRICH. Madam Speaker, I rise f VETERANS OF ILLINOIS today to pay tribute to an outstanding young New Mexican, Jessica Martinez, for her three CONGRATULATING 17 AFRICAN NA- HON. BILL FOSTER vigorous years of service as National Youth TIONS ON 50TH ANNIVERSARY OF President for the League of United Latin INDEPENDENCE OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES American Citizens (LULAC). Ms. Martinez is currently studying Political SPEECH OF Wednesday, July 14, 2010 Science and Spanish in our congressional dis- HON. DANNY K. DAVIS Mr. FOSTER. Madam Speaker, I rise today trict at the University of New Mexico, and has OF ILLINOIS to honor all the World War II veterans, but es- served as LULAC’s National Youth President IN THE HOUSE OF REPRESENTATIVES pecially our distinguished guests from the since 2007. Throughout her term, she has pro- Honor Flight Chicago program. This noble provided invaluable national advocacy on issues Wednesday, June 30, 2010 gram enables hundreds of Veterans from the including the DREAM Act, a bill that I was Mr. DAVIS of Illinois. Mr. Speaker, today I Chicago area to come visit the memorial built proud to co-sponsor, which would repeal the celebrate the fiftieth anniversary of the Year of to honor their great service and courage, and restriction against granting talented, law-abid- Africa—that pivotal year of 1960 when seven- I have the great privilege of welcoming them ing immigrant students from earning edu- teen African nations gained independence to Washington DC. cational benefits and pursuing their dreams from European colonial rule. On this day, in We all have a special appreciation for our here in America. this year, and in the many years to come, we veterans because we know the sacrifices they I am also proud that Ms. Martinez helped to mark this milestone given that, as Americans, made to protect us and bring peace to a world bring the National LULAC Convention and Ex- we know first-hand how precious freedom truly ravaged by war. These servicemen answered position to Albuquerque, bringing thousands of is, and the heavy price it often takes to attain our nation’s call during one of its greatest participants from around the nation to our it. times of need. These brave Americans risked community. With over 80 years of service, At the center of our connection to Africa is life and limb, gave service and sacrificed LULAC has played an important role in mak- a simple concept: to be free. What does it much, all while embodying what it is to be a ing our nation more equal and just for Latino mean to be free? For centuries, philosophers, hero. We owe them our deepest gratitude and families. From fighting against the segregation revolutionaries, and politicians alike have de- thanks for protecting and ensuring our future. of Latino children in schools during the 1930s, bated this very question. While I do not claim I welcome these brave veterans to Wash- to standing in defense of Latino veterans’ dig- to be an expert, I humbly believe that being ington and to their memorial. I am proud to nity during our country’s world wars, to work- free means having the freedom to reach one’s submit the names of these men for all to see, ing today to ensure that our economic recov- full potential. Whether that means having the hear, recognize and I call on my colleagues to ery makes a difference for our country’s Latino resources to pursue a passion in academia or rise and join me in expressing thanks. community, LULAC’s leadership and work in the support and finances to raise a healthy Joseph Adamczyk; Nicholas Ahrens; Lewis civil rights has been a vital part of the fabric family, this freedom can mean many things to Asher; John Barbino; Edward Barrett; Wil- of America.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K14JY8.003 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1313 This is Ms. Martinez’ final year as National Equity Act: A Legacy for Users, SAFETEA– laski Franciscan Community Development Youth President, but I look forward to her con- LU, that were not allocated for any specific Corporation. tinued service to New Mexico and to our na- projects. Madam Speaker and colleagues, please join tion. If our nation is to continue thriving in the Madam Speaker, many of these unobligated me in honor and recognition of Mr. Gerald 21st Century, we will need young leaders like balances are tied to projects that are either no Trafis, on the occasion of his 60th birthday. Jessica Martinez to help meet our greatest longer viable, have not received the necessary His dedication to family, friends and commu- challenges. matching funds from State or local entities, or nity continues to uplift the lives of many f projects that have been completed yet still throughout the Cleveland area. I wish my contain funding balances that are no longer good friend Gerry a very happy birthday and PERSONAL EXPLANATION needed for the designated project. health, peace and happiness in the coming Going forward, this bill requires the Sec- years. HON. PHIL HARE retary of Transportation to submit to the Con- f OF ILLINOIS gress an annual report identifying each project PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES authorized under TEA 21 and SAFETEA–LU that contains inactive funding or that has been Wednesday, July 14, 2010 completed in the previous year. This will allow HON. JEFF MILLER Mr. HARE. Madam Speaker, on July 13, Congress to identify projects that are either al- OF FLORIDA 2010, I was unavoidably detained in Illinois ready completed and have additional funding IN THE HOUSE OF REPRESENTATIVES due to a family medical emergency. I would left over, or that are unlikely to move forward. Wednesday, July 14, 2010 like the RECORD to reflect that had I been Eliminating excess funds that have re- Mr. MILLER of Florida. Madam Speaker, I present, I would have voted as follows: on roll- mained unused by States for nearly 20 years missed rollcall vote Nos. 434–436 on July 13, call No. 434, On Motion To Suspend the is a commonsense approach toward improving 2010. Rules and Pass H.R. 4514, the Colonel the management of federal funds. If present, I would have voted: Charles Young Home Study Act, I would have As we confront rising budget deficits, re- Rollcall vote No. 434, Colonel Charles voted ‘‘aye’’; on rollcall No. 435, On Motion To duced revenues caused by the recession, and Young Home Study Act, ‘‘aye.’’ Suspend the Rules and Pass H.R. 4438, the an ongoing investment gap in transportation Rollcall vote No. 435, San Antonio Missions San Antonio Missions National Historical Park infrastructure, it is imperative that we take National Historical Park Boundary Expansion Leasing and Boundary Expansion Act of 2010, every step we can to more efficiently and ef- Act of 2010, ‘‘nay.’’ I would have voted ‘‘aye’’; and on rollcall No. fectively manage taxpayer dollars and stretch Rollcall vote No. 436, Fort Pulaski National 436, On Motion To Suspend the Rules and funding as far as possible. Monument Lease Authorization Act, ‘‘aye.’’ Pass H.R. 4773, the Fort Pulaski National Madam Speaker, the ‘‘Surface Transpor- f Monument Lease Authorization Act, I would tation Earmark Rescission, Savings, and Ac- HONORING THE CITY OF LAKE have voted ‘‘aye.’’ countability Act’’ accomplishes just that by OSWEGO’S CENTENNIAL CELE- f eliminating funding for earmarks that is not BRATION being utilized. I look forward to debating this H.R. 5730, THE ‘‘SURFACE TRANS- important effort to pass fiscally responsible PORTATION EARMARK RESCIS- legislation. HON. KURT SCHRADER SION, SAVINGS, AND ACCOUNT- OF OREGON f ABILITY ACT’’ IN THE HOUSE OF REPRESENTATIVES IN HONOR AND RECOGNITION OF Wednesday, July 14, 2010 HON. BETSY MARKEY MR. GERALD ‘‘GERRY’’ TRAFIS Mr. SCHRADER. Madam Speaker, I rise OF COLORADO today to honor the City of Lake Oswego, Or- IN THE HOUSE OF REPRESENTATIVES HON. DENNIS J. KUCINICH egon on the occasion of their 100th anniver- Wednesday, July 14, 2010 OF OHIO sary. From its humble beginnings as an iron IN THE HOUSE OF REPRESENTATIVES industry town to its role today as a corner- Ms. MARKEY of Colorado. Madam Speaker, Wednesday, July 14, 2010 stone of the State’s economic engine, Lake today I rise to introduce the ‘‘Surface Trans- Oswego has proven itself to be an adaptable portation Earmark Rescission, Savings, and Mr. KUCINICH. Madam Speaker, I rise and resilient community with a rich history. Accountability Act.’’ This bill will eliminate a today in honor and recognition of Mr. Gerald The town of Oswego was founded in 1847, total of $713 million in unobligated funding for ‘‘Gerry’’ Trafis, a devoted father to Matthew shortly after iron ore was discovered in the 309 Member-designated projects contained in and Brian, friend, and community leader on Tualatin Valley. The iron industry proved to be previous surface transportation authorizations. the occasion of his 60th birthday. the driving economic force of the small town The ‘‘Surface Transportation Earmark Re- Early in his life, Mr. Trafis learned the im- and many early settlers hoped to build upon scission, Savings, and Accountability Act’’ will portance of faith, family, and hard work. He the foundations of the industry and turn the clear the books of projects that will not go for- grew up in the Slavic Village neighborhood of area into an industrial center, the ‘‘Pittsburg of ward and save taxpayer money. Cleveland, and graduated from St. Peter the West.’’ While the city was never able to This bill will rescind all remaining earmarks Chanel High School. He then enrolled and meet these grand expectations, the Oregon from the Surface Transportation and Uniform graduated from the University of Dayton and Iron & Steel Company helped create a pros- Relocation Assistance Act, STURAA, which earned his CPA license shortly thereafter. As perous society and a growing community on was signed into law in 1987, and the Inter- a longtime resident of Seven Hills, Ohio, Mr. the banks of Oswego Lake. modal Surface Transportation Efficiency Act, Trafis continues to dedicate his time and focus But the iron industry started to decline in ISTEA, which was signed into law in 1991. toward improving the community. Oswego at the beginning of the 20th century. This rescission would be effective on Decem- From 1991 to 1995, Mr. Trafis served as Di- With this downturn, Oregon Iron & Steel ber 31, 2010, and would eliminate 156 rector of Finance for the City of Seven Hills. turned their focus to residential land develop- projects for a total of $264 million in savings. In 1995, he was elected to serve as Mayor, ment, selling large tracts of land to devel- This bill will also rescind High Priority where he served for nearly ten years until opers. Project, HPP, designations contained in the 2003. He then served one term as a Council In 1910, the Oswego community was offi- Transportation Equity Act for the 21st Century, Representative in Seven Hills until 2005. Mr. cially incorporated as the City of Oswego. The TEA 21, that have 90 percent of the original Trafis also served as the CFO for Creativity first land developers aspired to create a city project amount remaining unobligated 12 for Kids and Megas Beauty Care. He was en- where both work and leisure were integral years after this bill was signed into law in trusted to serve as the Chairman of the Board components of the city’s success. The City of 1998. This rescission will become effective of the Regional Income Tax Agency and is Oswego was promoted as a place to ‘‘live September 30, 2011, and would eliminate 152 founder and president of Pleasant Valley Es- where you play.’’ projects totaling $441 million. tates Association. Mr. Trafis is an active mem- By the 1920s and 1930s, high-speed and In addition to eliminating these earmarks, ber and leader within many organizations, in- clean electrified trains stimulated residential this bill will rescind $8.2 million in HPP pro- cluding the Seven Hills Democratic Club, St. development in the city. The next three dec- gram funds authorized under the Safe, Ac- Columbkille Holy Name Society, St. Peter ades brought increased growth in the commu- countable, Flexible, Efficient Transportation Chanel High School Hall of Fame, and the Pu- nity and in 1960, the City of Oswego annexed

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.003 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1314 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 part of nearby Lake Grove and the city With distinguished tours of duty in Kosovo, when an IED exploded and killed him and an- changed its name to Lake Oswego. Djibouti, and the Persian Gulf for Operations other soldier and wounded three others. He is Today, Lake Oswego continues to be an Enduring Freedom and Iraqi Freedom, Major the first soldier from Omaha to die in Afghani- outstanding community to live, work and play. Corchuelo’s tenure in the Marine Corps is cer- stan. He had been in the Army for less than The city has a nationally ranked library, an tainly worthy of commendation. In 2004 he a year and had not even reached his 19th award winning senior center and a plethora of transitioned to Camp Pendleton where he birthday. arts, culture and recreation opportunities avail- served as the Officer-in-Charge (OIC), then as Private First Class Wood was a graduate of able to residents. The city, in partnership with the Reserve Officer Recruiter for the West Omaha North High School, where he was in- local businesses, has made a priority of eco- Coast for the next three years. In 2008 he op- volved in Boy Scouts, drama, and was a nomic development and transportation plan- erated as the OIC for Prior Service Recruiting member of the ROTC all 4 years. He also par- ning that will ensure a bright and sustainable while earning a Master of Science Degree in ticipated in early American re-enactor events future for the community for years to come. Information and Telecommunications Systems with his father. And the Lake Oswego School District is re- Management. On July 9, 2010, Major Scouting was a big part of Eddie’s life. He sponsible for a public education system that is Corchuelo finished out his extensive military started as member of Cub Scout Pack No. 5 one of the best in the country, benefitting from career as the Executive Officer for Reserve and then moved up to Boy Scout Troop No. widespread community support. Site Support Del Mar at Camp Pendleton, 20, earning all the ranks up to Life Scout—just Madam Speaker, 100 years have now California. below Eagle Scout. He earned and was passed since the city was officially recognized Major Corchuelo distinguished himself by awarded 32 merit badges. In 2006, I wrote a and I am honored to be the representative for extraordinary acts of leadership time and letter to Eddie, helping him to earn his Citizen- this beloved community. I congratulate Lake again. Among his many accomplishments, ship in the Nation badge. His love for Scouting Oswego on their centennial celebration and Major Corchuelo’s decorations include the continued even after he enlisted in the Army. hope the city enjoys another 100 years of Navy and Marine Corps Commendation Medal He was listed as an active member of the Boy growth and prosperity. (2), Navy and Marine Corps Achievement Scouts Mid-America Council. f Medal, Presidential Unit Citation, Joint Meri- Madam Speaker, it is times like this when torious Unit Award, Navy Unit Citation (5), RECOGNIZING THE HONORABLE we truly realize the sacrifices that are being Meritorious Unit Citation (3), National Defense made every day by the young men and MILITARY SERVICE OF MAJOR Medal (2), Armed Forces Expeditionary Medal ALBERT F. CORCHUELO women who serve in our armed forces. It also (3), Kosovo Campaign Medal, Iraq Campaign brings home the sacrifices that families make Medal, Global War on Terrorism Service in watching their children go off to war. We HON. DARRELL E. ISSA Medal, Sea Service Deployment Ribbon, Re- are so grateful to them. OF CALIFORNIA cruiting Ribbon, Armed Forces Reserve Medal and the NATO Kosovo Medal. Today, I join my colleagues in extending our IN THE HOUSE OF REPRESENTATIVES thoughts and prayers to military families, espe- These recognitions are a true testament, Wednesday, July 14, 2010 cially the Wood family during this difficult time. among other things, of Major Corchuelo’s Mr. ISSA. Madam Speaker, I rise today to great dedication, leadership and commitment recognize the military service of Major Albert to our country. f F. Corchuelo on the occasion of his retirement I offer Major Corchuelo my warmest con- IN RECOGNITION OF COLONEL from the United States Marine Corps. I com- gratulations and may he enjoy a rich and re- SHERRY B. KELLER’S SERVICE mend Major Corchuelo’s career and offer my warding retirement with his wife Peggy and his TO THE ANNISTON ARMY DEPOT sincerest thanks for his more than 20 years of two children, Daniel and Brian. dedicated service in protecting our nation. Madam Speaker, I ask you to please join Beginning his career with an appointment to me in honoring all the brave men and women HON. MIKE ROGERS the U.S. Naval Academy, Major Corchuelo’s who have served in the United States Armed OF ALABAMA graduation was followed by his commissioning Forces, and the admirable service of Major Al- IN THE HOUSE OF REPRESENTATIVES as a Second Lieutenant in the U.S. Marine bert Corchuelo. Corps. His first assignment included serving Wednesday, July 14, 2010 as an Air Defense Control Officer in Cherry f Mr. ROGERS of Alabama. Madam Speaker, Point, North Carolina and was subsequently PERSONAL EXPLANATION hand selected to apply his skills as a Spanish I would like to request the House’s attention linguist as a liaison in support of counter-nar- today to pay recognition to Colonel Sherry B. cotics operations in Barranquilla, Columbia. HON. W. TODD AKIN Keller’s service in the United States Army. In 1992, Major Corchuelo was selected to OF MISSOURI Colonel Keller is a Virginia native who train and was designated as a Naval Aviator IN THE HOUSE OF REPRESENTATIVES began her service by enlisting in the United States Army Reserve. She received her com- in Pensacola, Florida where he was promoted Wednesday, July 14, 2010 to Captain during flight training. Upon receiv- mission through the Reserves Officers Train- ing his Naval Aviator wings, he was assigned Mr. AKIN. Madam Speaker, on rollcall No. ing Corps at Hampton University. Her career to HMT–302 in Tustin, California, followed by 436, H.R. 4773, Fort Pulaski National Monu- in the U.S. Army has taken her across the HMH–462 where he deployed with 15th and ment Lease Authorization Act, had I been world from Fort Stewart, Georgia to Germany, 13th MEU. During his tour he served as Pilot present, I would have voted ‘‘aye.’’ and to Korea. Training Officer, Assistant Logistics Officer, f Currently, Colonel Keller serves as Com- Tactics Officer, Administration Officer, and mander of the Anniston Army Depot. The An- RECOGNIZING PFC EDWIN ‘‘EDDIE’’ Legal Officer. Throughout the course of these niston Army Depot is the designated Center of WOOD numerous duties, Major Corchuelo also partici- Industrial and Technical Excellence for combat pated in Exercise Hunter Warrior as part of vehicles, artillery, bridging systems, and small the Commandant’s Advanced Warfighting Ex- HON. LEE TERRY caliber weapons. Its over 4,000 employees periment. OF NEBRASKA provide critical maintenance support at the In 1998, Major Corchuelo graduated from IN THE HOUSE OF REPRESENTATIVES Depot and serve in direct support overseas. Amphibious Warfare School and served as the Her leadership continues to allow the Depot to Wednesday, July 14, 2010 Executive Officer (XO) for the Training and be proudly known as the Pit Crew for the Education Company at Headquarters and Mr. TERRY. Madam Speaker, it is with American War Fighter. Service Battalion. Soon after this term, Major great sadness that I rise to pay tribute to a I greatly appreciate Colonel Keller for her Corchuelo joined the Selected Marine Corps young man from Omaha who was killed re- service to our Nation, the Anniston Army Reserve in 2001. Just one year later he ac- cently in Afghanistan, in the service of our Depot and our community. Her loyalty to duty, cepted orders to the Active Reserves as the country. honor, and selfless service are in the highest Assistant Operations Officer which deployed PFC Edwin ‘‘Eddie’’ Wood, a scout with the traditions of the Army. I wish her all the best shortly thereafter. Army’s 10th Mountain Division, was on patrol in her next endeavors.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\K14JY8.007 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1315 RECOGNIZING SILOAM SPRINGS sory Council. Prior to his current Chairman- and Defense Consortium, which provided vital HIGH SCHOOL FOR ITS ACHIEVE- ship, Mr. Martens also served as Chair of the resources to local companies enabling them to MENTS IN SCHOOL IMPROVE- Section’s Patent Law Reform Task Force. compete with large defense contractors. She MENT Additionally, Mr. Martens’ list of remarkable created and supported the East County Eco- achievements include being named as one of nomic Development Foundation and the Sup- HON. JOHN BOOZMAN ‘‘The Top 10 Patent Lawyers in the World’’ by porting Education and Economic Development partnership, both of which work to create and OF ARKANSAS PLC Global Counsel, as one of ‘‘the 20 Best strengthen career and technical education op- IN THE HOUSE OF REPRESENTATIVES Patent Lawyers in the World’’ in a comprehensive international survey by Euromoney Legal portunities in our local high schools and com- Wednesday, July 14, 2010 Media Group, one of two ‘‘Leading IP Law- munity colleges. Deanna has served in other Mr. BOOZMAN. Madam Speaker, I would yers’’ in the United States by the Global Coun- capacities such as the Boards of the Down- like to recognize Siloam Springs High School sel’s Handbook and one of the ‘‘Best Lawyers town El Cajon Partnership and the San Diego for its national recognition for outstanding in America’’ for both Alternative Dispute Reso- East County Chamber of Commerce and is achievement in school improvement. lution and Intellectual Property Law—all im- currently serving on the Board of the Siloam Springs High School is one of only pressive distinctions. Grossmont-Cuyamaca Community College 30 schools to be named a Pacesetter School In 2005, Mr. Martens and the IP Section of District where she has been a key member of by the Southern Regional Education Board, an the ABA were asked to put together a Patent the East County K–16 Collaborative, a joint ef- honor given to schools that exemplify the Law Reform Task Force to assist in the gath- fort between community education and busi- progress they can make when leaders em- ering of information for legislative reform ef- ness that focuses on improving student transi- brace change and support improvement efforts in Congress. As a result, the Task Force tion between grade levels and curriculums. Madam Speaker, in a time when the needs forts. developed a White Paper which has since be- of our community usually score low on our list Siloam Springs Hill School earned this rec- come a well-regarded source for objective and of priorities, I am always encouraged by the ognition two years ago and continues to ad- well-reasoned analysis and recommendations efforts of Deanna and her unending deter- vance its curriculum and instruction to create on patent reform issues, both in Congress and mination and sacrifice to make East San the private sector. an environment that encourages high achieve- Diego County the special place it is to live. Madam Speaker, I ask that my colleagues ment of its students. While she will be greatly missed, she has pro- School leaders attribute this success to please join me in recognizing the celebrated vided us all with a great example of service to block scheduling that allows teachers to work tenure of Mr. Don Martens and applaud his the community. I urge all of my colleagues to with a fewer number of students during longer determined efforts as Chair of the ABA Sec- join me in congratulating Deanna Weeks on class periods and provide students with more tion of Intellectual Property Law to improve the her retirement, I wish her all the best in her fu- individual assistance as well as an increase in legal process and promote the rights of inven- ture endeavors and thank her for her many the number of Advanced Placement courses tors across the country. years of unyielding dedication to guiding the offered. f economic prosperity of San Diego’s East I am very proud to honor and congratulate County. We will miss you Deanna, enjoy those the students and staff at Siloam Springs High RECOGNIZING THE WORK OF DEANNA WEEKS grandkids! School as well as the school district and the f community for this innovative approach to education. I look forward to the academic ex- HON. DUNCAN HUNTER CONGRATULATIONS TO THE UNI- cellence that will come from Siloam Springs OF CALIFORNIA VERSITY OF KANSAS’ ROBERT J. High School in the years to come. IN THE HOUSE OF REPRESENTATIVES DOLE INSTITUTE OF POLITICS f ON COMPLETION OF THE INSTI- Wednesday, July 14, 2010 TUTIONAL ASSESSMENT POR- RECOGNIZING DON MARTENS ON Mr. HUNTER. Madam Speaker, today I rise TION OF THE AMERICAN ASSO- THE OCCASION OF HIS RETIRE- to recognize the retirement of Ms. Deanna CIATION OF MUSEUM’S MUSEUM MENT Weeks from the East County Economic Devel- ASSESSMENT PROGRAM opment Council (ECEDC), located in my con- HON. DARRELL E. ISSA gressional district in East San Diego County. HON. DENNIS MOORE OF CALIFORNIA For 25 years, Deanna has provided inexhaust- OF KANSAS IN THE HOUSE OF REPRESENTATIVES ible service and dedication to the people and IN THE HOUSE OF REPRESENTATIVES businesses of San Diego’s East County. Both Wednesday, July 14, 2010 Wednesday, July 14, 2010 as a person and a professional, Deanna will Mr. ISSA. Madam Speaker, I rise today to be sorely missed. Mr. MOORE of Kansas. Madam Speaker, I recognize the distinguished tenure of Mr. Don One does not have to search very long to am pleased to have this opportunity to con- W. Martens, on the occasion of his retirement find the positive results of Deanna’s work, sac- gratulate the Robert J. Dole Institute of Politics as Chair of the American Bar Association rifice and leadership in our community. Like on the campus of the University of Kansas for (ABA) Section of Intellectual Property Law. At the rest of the nation, our region is going completion of the Institutional Assessment por- the helm of this association, Mr. Martens has through difficult economic times. I firmly be- tion of the American Association of Museum’s brought a wealth of knowledge, experience lieve, however, it could be much worse for Museum Assessment Program, MAP. Senior Archivist Morgan Davis led the MAP and leadership—leaving a profound impres- East County if it were not for the significant team which included Audio/Visual Archivist sion on intellectual property law. contributions Deanna made during her time Judy Sweets and Assistant Archivists Cath- Mr. Martens will end his one-year term as and leadership with the ECEDC. Prior to join- erine Riggs and Robert Lay. The team coming ECEDC Deanna worked at the Center on Chair of the ABA Section of Intellectual Prop- pleted an extensive self-study survey which in- erty Law in early August. With over forty Aging at San Diego State University followed cluded exercises designed to help improve un- years’ experience as an intellectual property by Greenwald/McDonald commercial devel- derstanding of museum practices and broaden litigator, Mr. Martens is a leading voice in intel- opers. In the early 1990s after joining the the scope of services offered in the Dole Ar- lectual property matters. ECEDC, Deanna pioneered a grant effort from chive. Mr. Martens graduated with honors from the the Department of Defense that studied the Judith Endelman, Director of the Benson University of Wisconsin with a bachelor’s de- needs of small defense-related firms in the Ford Research Center at The Henry Ford Mu- gree in engineering followed by a juris doc- East County, resulting in Connectory.com, an seum, was selected to assist the Dole Archive torate degree from George Washington Uni- internet connectivity tool that allowed for many in the Museum Assessment Program. During versity Law School where he was Patent Edi- San Diego companies to gain business with her two-day visit to the Dole Institute, Ms. tor of the Law Review and graduated first in the U.S. Federal Government and expand and Endelman met with Dole Institute staff and his class. grow into new and exciting areas. Dole Archive Advisory Board members to get Among his many accomplishments, Mr. Aside from creating Connectory.com and a better understanding of the programs and Martens has served as President of the Amer- managing its development and growth from a services currently offered. ican Intellectual Property Law Association sub-regional marketing tool into a nationally The Dole Archive, which contains the collec- (AIPLA) and three terms as a member of the recognized asset, Deanna was also the lead- tions of former Senator Bob Dole, is an invalu- Court of Appeals for the Federal Circuit’s Advi- ing force behind forming the San Diego Space able research collection documenting Senator

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.009 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1316 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 Dole’s 36 wonderful years in Congress and Mr. Cerone graduated from Miramar Col- nessed the mass burial of the remains of over record setting 11 years of leadership in the lege, San Diego, CA in 1983 and earned a de- 500 victims recovered from the mass Senate. The Dole Archive contains a signifi- gree in the Administration of Justice. gravesites. It is important for us to remember cant collection of papers, images and objects, In 1999, Mr. Cerone was promoted to Su- those who were lost, and honor their memory many of which are on display in public exhibits pervisory Detention and Deportation Officer as we move forward. at the Dole Institute. where he formed and was the team leader of Fifteen years later there are still mass grave The Dole Institute of Politics is a bipartisan the newly created Alien Removal Unit. On sites that remain undiscovered, families that civic institution with a mission to promote civic June 30, 2001, Mr. Cerone voluntarily retired have yet to be reunited, and remains of loved engagement and public service. Led by Direc- with over 29 years of federal service. ones that have yet to be positively identified. tor Bill Lacy, this mission is carried out After September 11, 2001, Mr. Cerone de- The International Commission on Missing Per- through public programming which regularly sired to return to federal law enforcement to sons (ICMP) has been doing remarkable fo- brings figures of national political prominence aid in the effort to protect the United States rensic work in Bosnia, and training and em- to speak at the Dole Institute, interpretive ex- and its citizens from future terrorist attacks. ploying local Bosnians, to help identify re- hibits on the life and career of Senator Dole, In March of 2002, he was hired as a Special mains. Most of the families of survivors in my and the maintenance of the Dole Archive re- Deputy U.S. Marshal to protect the U.S. district have contributed DNA samples in the search collections. Courts and its staff at the U.S. District Court effort to help identify their missing family mem- Participation in the MAP program was made of Southern California, in San Diego. During bers. While they still face serious difficulties, to possible at virtually no cost to the Dole Insti- this time, he also applied to return to service date they have positively identified two-thirds tute through assistance from the Institute of with the INS. of the missing persons in Bosnia. The U.S. Department of Homeland Security Museum and Library Services. Fortunately, there have been significant ef- and Immigration and Customs Enforcement I ask my colleagues to join me in congratu- forts, overall, at apprehending war criminals (ICE) hired Mr. Cerone as the Officer-in- lating the Dole Institute’s achievement. and ensuring that they face justice. The Inter- Charge of the ICE Otay Detention Facility on f national Criminal Tribunal for the former Yugo- June 12, 2005. After two years of overseeing slavia (ICTY) has indicted a total of twenty- PERSONAL EXPLANATION this custodial operation that managed 1,000 one individuals for crimes committed in ICE detainees and over 400 employees, Mr. Srebrenica, including seven senior officials Cerone transferred to the downtown ICE office HON. VERNON J. EHLERS who were convicted in June 2010, and former on July 1, 2007, as an Assistant Field Office OF MICHIGAN President Radovan Karadzic who is currently Director. IN THE HOUSE OF REPRESENTATIVES on trial. Madam Speaker, I ask that my colleagues Wednesday, July 14, 2010 please join me in recognizing the distinguished It is imperative that war criminals be found Mr. EHLERS. Madam Speaker, on rollcall career of Anthony Cerone serving the People and brought to justice. I strongly urge the Nos. 434, 435, and 436, I was absent for two of the United States. United States, along with the international community, to continue its commitment to help reasons. First, my flights from GRR to DTW f and from DTW to DCA were both delayed. find and bring to justice Bosnian Serb com- Second, I had an important meeting related to COMMEMORATING THE 15TH ANNI- mander Ratko Mladic, who is still at large, for my work on the aviation subcommittee and my VERSARY OF THE SREBRENICA his central role in orchestrating the atrocities role as co-chair of the GH caucus. Had I been GENOCIDE of the genocide. present, I would have voted ‘‘yes’’ on all three These trials are critical to the social healing votes. HON. RUSS CARNAHAN and reconciliation process that must take f OF MISSOURI place in order to advance to goal of a lasting IN THE HOUSE OF REPRESENTATIVES peace, prosperity, rule of law, and an effective RECOGNIZING THE OUTSTANDING Wednesday, July 14, 2010 unity government in Bosnia and Herzegovina. SERVICE OF ANTHONY CERONE And it is critical to provide some closure to the ON THE OCCASION OF HIS RE- Mr. CARNAHAN. Madam Speaker, on Sun- families of the victims of the Srebrenica Geno- TIREMENT day, July 11, 2010 the world paused to sol- cide, so that their personal healing can also emnly commemorate the 15th Anniversary of take place. HON. DARRELL E. ISSA the Srebrenica Genocide. This unconscionable Additionally, in March, 2010, the Serbian OF CALIFORNIA act of cruelty and disregard for human life— Parliamentary official of Bosnia issued a for- IN THE HOUSE OF REPRESENTATIVES Europe’s worst massacre since World War II— mal apology for the 1995 massacre of Bosnian has left a deep scar upon humanity. Wednesday, July 14, 2010 Muslim men and boys. This narrow majority An estimated 8,000 Muslim men and teen- vote cannot replace the losses suffered by the Mr. ISSA. Madam Speaker, I rise today to age boys were brutally slaughtered and ap- Bosnian people as a result of the genocide, honor the service of Anthony Cerone and his proximately 30,000 refugees were forced from but this signal of acknowledgement by the dedicated service to the people of the United their homes. Serbian community was a necessary and States on the occasion of his retirement. United Nations peacekeepers protecting the hopefully meaningful step forward. In February 1976 Mr. Cerone was hired by Srebrenica ‘‘safe zone’’ were outmanned and the Federal Bureau of Prisons and was as- outgunned with little ability to stop the atroc- Bosnia and Herzegovina has taken great signed as a Correctional Officer at the Metro- ities. This, unfortunately, highlights the collec- strides toward becoming a more stable nation politan Correctional Center in San Diego, Cali- tive failure of nations to take sufficient, deci- and an international partner, yet increased sta- fornia. He was promoted to the rank of Senior sive, and timely action to prevent this horrific bility in the region and stronger national insti- Officer Specialist in August of 1980. mass murder and ethnic cleansing. We must tutions are still key priorities moving forward. In 1979, Americans were taken hostage at never forget the important lessons learned The United States can best honor the inno- our Embassy in Tehran, Iran. Mr. Cerone re- from this terrible chapter of Bosnian history, in cent lives lost by taking a moment of pause, sponded by joining the U.S. Air Force Ready particular that hatred must never be allowed to today, to reflect upon the Srebrenica Genocide Reserve. He remained until 1985 and was take root. and recommit ourselves to the defense of Honorably Discharged as a Staff Sergeant. I represent one of the largest populations of human rights and freedoms wherever they are With a desire to work in the field and within Bosnians and Bosnian-Americans. Approxi- imperiled. We in Congress must also persist in the community enforcing immigration law, Mr. mately 35,000 Bosnian-Americans reside in ensuring that justice is served and freedom Cerone pursued a career with the U.S. Immi- the St. Louis, Missouri, region, and of these, and democracy endure through our continued gration and Naturalization Service (INS) and upwards of 5,000 are survivors of the show of support for Bosnia and Herzegovina was hired in November of 1980, assigned to Srebrenica massacre. This is an issue for with respect to its constitutional reform, im- the U.S. Border Patrol in San Ysidro, CA as which I feel strongly, as I have seen how pro- provement of democratic institutions, strength- an Immigration Detention Officer. He trans- foundly it has affected individuals, families, ening of the rule of law, and increased political ferred to the San Diego District Downtown Of- and the community. and economic stability. fice in May of 1983. He was promoted to Lead Last year, I met with several of these Mis- Let us commemorate the tragedy of Detention Enforcement Officer in 1985 and sourians while attending the 14th anniversary Srebrenica by delivering on the promise of Deportation Officer in 1987. remembrance ceremony in Srebrenica. I wit- peace.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.011 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1317 PERSONAL EXPLANATION ited by the DSC and its membership both past HONORING THE LEGACY OF ALAN and present. REUTHER, LEGISLATIVE DIREC- HON. BARBARA LEE Moreover, I am always reminded of my oath TOR OF THE UNITED AUTO OF CALIFORNIA to defend the United States Constitution, so WORKERS IN THE HOUSE OF REPRESENTATIVES safeguarding the Second Amendment is something I take very seriously. That is why Wednesday, July 14, 2010 HON. LYNN C. WOOLSEY supporting legislation which protects law-abid- OF CALIFORNIA Ms. LEE of California. Madam Speaker, ing citizens ability to keep and bear arms is IN THE HOUSE OF REPRESENTATIVES yesterday I missed rollcall vote No. 434 on something I will continue to fight for as long as Wednesday, July 14, 2010 H.R. 4514, rollcall vote No. 435 on H.R. 4438, I have the privilege to serve in this Chamber. and rollcall vote No. 436 on H. Res. 4773. Madam Speaker, I applaud the Detroit Ms. WOOLSEY. Madam Speaker, after thir- Had I been present, I would have voted ‘‘aye’’ Sportsmen’s Congress for their dedicated ef- ty-three years of dedicated service, Alan Reu- on each of these rollcall votes. forts to educate people about our rights, our ther is retiring from his position as legislative director with the International Union, United f heritage and our environment. The DSC and its affiliates are providing a vital service to the Automobile, Aerospace and Agricultural Imple- COMMEMORATING THE DETROIT community and continuing what is the strong ment Workers of America, UAW. As legislative SPORTSMEN’S CONGRESS ON tradition of sportsmen residing in Michigan. director, he has been responsible for super- CELEBRATING ITS 75TH ANNI- It is here I am reminded of the words of our vising all aspects of the UAW’s legislative program, including development of issues, pres- VERSARY nation’s 26th President, Theodore Roosevelt, entation of testimony, lobbying Members of who once said, ‘‘To waste, destroy our natural Congress, and grassroots organizing. HON. CANDICE S. MILLER resources, to skin and exhaust the land in- During his tenure at the UAW, Alan cham- OF MICHIGAN stead of using it so as to increase its useful- pioned significant legislative accomplishments, IN THE HOUSE OF REPRESENTATIVES ness, will result in undermining in the days of including: saving civil legal services for the Wednesday, July 14, 2010 our children the very prosperity which we poor, which were slated for elimination under ought by right to hand down to them amplified the Gingrich ‘‘Contract for America’’; the en- Mrs. MILLER of Michigan. Madam Speaker, and developed.’’ I too would agree we have I rise today to acknowledge a special anniver- actment of minimum wage increases in 1996 an obligation to leave the next generation with and again in 2007; halting efforts by the Bush sary celebration for an important organization improved natural resources and even more Administration and Congressional Republicans headquartered in my district in the Charter opportunities in life than what we inherited. to privatize Social Security; the enactment of Township of Shelby. In September 2011, the This is the ultimate goal and the reason we go the State Children’s Health Insurance Pro- Detroit Sportsmen’s Congress, DSC, will mark to work each day. gram, SCHIP, in 1997 and its expansion in its 75th Anniversary. This group has already Once again, I extend my best wishes to the 2009; the enactment of compromise Corporate started preparations to properly recognize this Detroit Sportsmen’s Congress on its upcoming Average Fuel Economy legislation in 2007 that historic achievement. The organization traces 75th Anniversary. It is my distinct honor to included the Section 136 program to fund in- its inception back to the year 1936 in the City represent this organization in the United vestment in U.S. production of advanced tech- of Detroit. And over time, it has grown into States House of Representatives and to com- nology vehicles; fending off repeated attempts perhaps one of the nation’s most distinguished memorate this notable achievement. Happy by the Bush Administration to erode the pro- conservation and sportsmen’s groups. 75th Anniversary to the Detroit Sportsmen’s tections of the Fair Labor Standards Act; the The Detroit Sportsmen’s Congress has Congress. enactment of the Lilly Ledbetter Fair Pay Act demonstrated an unwavering commitment to f of 2009 and hate crimes prevention legislation; preserve the natural treasures and pristine re- the enactment of federal extended unemploy- sources we are so blessed to live with in the LACKLAND GATEWAY HERITAGE ment benefits in economic recessions; and fi- State of Michigan. The DSC has offered a va- FOUNDATION nally, the enactment of both the stimulus pro- riety of educational programs for adults, chil- visions of the American Recovery and Rein- dren and the community at-large and has ex- HON. CHARLES A. GONZALEZ vestment Act of 2009 and health care reform. hibited a strong record promoting conversation OF TEXAS As chair of the Workforce Protections Sub- and safety. As a Member of the Homeland Se- IN THE HOUSE OF REPRESENTATIVES committee, I know first-hand the significance curity, I also want to applaud the group for of- of Alan’s accomplishments on behalf of the fering its training facilities to local, state and Wednesday, July 14, 2010 American worker. Just to use one recent ex- federal law enforcement agencies. This is just Mr. GONZALEZ. Madam Speaker, I rise ample, my Subcommittee held the legislative one of the many examples of how the DSC is today to commend the Lackland Gateway Her- hearing on the Lilly Ledbetter Fair Pay Act. serving the people of Metropolitan Detroit. itage Foundation for their dedication to memo- This was the first piece of legislation that The Wolverine State abounds with so many rializing the proud heritage, tradition of honor, President Obama signed into law after he took wonderful opportunities and recreational activi- and legacy of valor of our country’s Air Force office, and it is a significant step in the fight to ties like hunting, competitive target shooting, and the countless sacrifices and contributions achieve equal pay between men and women. fishing, and boating. From the ATV trails to that our airmen make to defend and preserve In addition, tireless work in the passage of the banks of the magnificent rivers and all the freedom of this nation. Since 2003, the health care reform cannot be understated. across this splendid peninsula, you can find foundation has been working tirelessly in their Congratulations, Alan, and thank you for your people enjoying some type of leisure and efforts to pay tribute to our enlisted airman. contributions to the public good. You will be pleasure in the great outdoors. These activi- Thanks to the vision of the Lackland Gate- missed—that’s for sure. ties provide a tremendous boost to our quality way Heritage Foundation, efforts for a modern f of life and allow families to spend time to- museum are underway at Lackland Air Force HONORING ANGELO PLAKAS gether. Building memories with loved ones Base in San Antonio, Texas to commemorate and handing down family traditions to the next the transformation of young men and women generation are some of the most priceless mo- into patriotic military professionals and lead- HON. THADDEUS G. McCOTTER ments we can hold dear and cherish. ers. The United States Air Force Airman Herit- OF MICHIGAN I would be remiss if I did not acknowledge age Museum aims to make San Antonio the IN THE HOUSE OF REPRESENTATIVES the financial contributions these activities offer prime destination for those seeking to learn, Wednesday, July 14, 2010 to the local and state economy. It is absolutely understand, and admire the Air Force’s history Mr. MCCOTTER. Madam Speaker, today I vital we protect and enhance our environment and traditions, providing an educational oppor- rise to honor the extraordinary life of Angelo for not only future preservation, but also the tunity for the thousands who already visit Plakas and to mourn him upon his passing at benefits they offer to individuals who depend Lackland Air Force Base and the many more the age of 70. on them for their livelihoods and careers. who will do so in the future. Born on August 2, 1939, Angelo Plakas Madam Speaker, I am a water enthusiast Madam Speaker, I ask my colleagues to join dedicated his life to serving his community and grew up sailing the Great Lakes. In fact, me in honoring the Lackland Gateway Herit- and his country. After graduating from the Uni- I have made the Great Lakes one of my prin- age Foundation as we recognize their noble versity of Detroit in 1960, Angelo taught ele- ciple advocacies since being elected to office. efforts to memorialize the heritage of our mentary school before returning to school him- Therefore, I appreciate the hard work exhib- United States Airmen. self to pursue a law degree. He graduated

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.014 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1318 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 from Wayne State University in 1967 and national in 1984. Mr. Saum initially served as York. He was later tapped to head one of the began a long and storied relationship with sev- general manager at the Beltway dealership largest Anti-Poverty Manpower Training pro- eral cities in the Metropolitan Detroit Area, and assumed the role of dealer principal in grams—the Opportunities Industrialization most notably serving the city of Westland for 1997 when he purchased the dealership. Center, Incorporated. He was the Branch more than 30 years. Under his leadership, the dealership has manager for the Lower East Side and later the Angelo Plakas had represented the City of grown exponentially from a single point loca- Bronx. Westland since 1992 and was recognized as tion in Baltimore to seven locations that span In 1976, Mr. Young relocated to Miami, Flor- one of the most knowledgeable municipal at- eight Maryland counties, the city of Baltimore, ida and held a number of professional posi- torneys in southeastern Michigan. During his five West Virginia counties, one Delaware tions for the Miami-Dade Public School Sys- tenure as City Attorney, Mr. Plakas served as county and the city of Wilmington. tem. In 1996, he retired as a Data Analyst an integral part of the economic development Mr. Saum is a strong supporter of green Manager with the Miami-Dade Schools’ Police of the city with the purpose of making technology within the commercial truck indus- Department. Upon retirement, Mr. Young Westland a better place to live and work. An- try. His innovative business approach is exem- served as Administrative Assistant to Dr. Sol- gelo donated much of his time and financial plified in his ‘‘A New Truck is a Green Truck’’ omon Stinson, Chairman of the Miami-Dade support to many civic organizations in initiative which focuses on environmentally County Public School Board—a position he Westland and encouraged others to be like- friendly truck technologies. With support from held until his passing. wise involved. He was recognized as the the National Automotive Dealers Association Mr. Young was blessed with a loving family Westland Chamber of Commerce Business (NADA) and Navistar, Mr. Saum led efforts to who took pleasure in every aspect of his life Person of the Year in 2008. Angelo Plakas educate public officials about the environ- and his interests. I offer my heartfelt condo- helped to form the following non-profit chari- mental and fuel efficiency advantages of new lences to the Young family. table entities: Westland Community Founda- truck design improvements with a focus on Madam Speaker, I ask you and all the tion, Westland Historical Society, Westland new diesel-powered trucks, diesel-electric hy- members of this esteemed legislative body to Rotary Charitable Foundation and S.P.A.R.K. brid trucks, auxiliary power units (APUs) and join me in recognizing the extraordinary life (Sports, Parks and Recreation for Kids). retrofit programs. and accomplishments of Mr. Fred ‘‘Uncle Angelo Plakas loved his community and his Since Jack Saum became chairperson, the Fred’’ Benjamin Young. I am honored to pay community loved him. Always mindful of Board of Beltway Truck Companies, LLC has tribute to Mr. Young for his invaluable services where he came from, Angelo never forgot been the winner of multiple awards from and tireless dedication to the South Florida where he’d been and always endeavored to Navistar for dealership performance, financing, community. He will be missed by all who knew better the world around him. As an alumnus of lease and rental and operations excellence. In him, and I appreciate this opportunity to pay Detroit McKenzie High School, Mr. Plakas fact, Mr. Saum has won a number of individual tribute to him before the United States House formed the ‘‘Friends of McKenzie’’ to help awards from Navistar for his work, culminating of Representatives. While he will indeed be raise money needed to continue the athletic with the award we recognize today. missed, his legacy will live on and the out- programs of his beloved alma mater. Madam Speaker, I am honored to represent standing contributions he made to the better- Regrettably, on July 13, 2010, Angelo Mr. Jack Saum and his employees at Beltway ment of Miami-Dade County and South Florida Plakas passed from this earthly world to his Truck Companies in Baltimore and ask that will never be forgotten. eternal reward. He is survived by his beloved you join me in congratulating him for this re- f wife, Sandra, and his children, Jim and Elaina. cent honor and for his efforts on behalf of his Angelo’s legacy will continue in the lives of his customers, his fellow business owners and all SUPPLEMENTAL APPROPRIATIONS grandchildren Cameron, Braden, Drew, Emma Marylanders. ACT, 2010 and Jack. Mr. Plakas also leaves behind his Once again, I offer my best wishes to him SPEECH OF brother Jim. for continued success in the future. Madam Speaker, Angelo will be long re- f HON. RUSS CARNAHAN membered as a compassionate father, a dedi- OF MISSOURI HONORING FRED ‘‘UNCLE FRED’’ cated husband, community leader and friend. IN THE HOUSE OF REPRESENTATIVES BENJAMIN YOUNG Angelo was a man who deeply treasured his Thursday, July 1, 2010 family, friends, community and his country. Today, as we bid Angelo Plakas farewell, I HON. KENDRICK B. MEEK Mr. CARNAHAN. Mr. Speaker, the House ask my colleagues to join me in mourning his OF FLORIDA passed H.R. 4899, the Disaster Relief and passing and honoring his unwavering patriot- IN THE HOUSE OF REPRESENTATIVES Summer Jobs Supplemental Appropriations Act of 2010. Included in this bill is a rider con- ism and legendary service to our country and Wednesday, July 14, 2010 our community. taining federal law exemptions for an Army f Mr. MEEK of Florida. Madam Speaker, Corp of Engineers and Transportation project today I rise to pay tribute to the life and legacy in Dallas, Texas. As co-chairman of the House HONORING MARYLAND TRUCK of the late Mr. Fred ‘‘Uncle Fred’’ Benjamin Historic Preservation Caucus and member of DEALER OF THE YEAR Young, a constituent in the Congressional dis- this Chamber, I want to express my opposition trict I represent. It is with both profound sad- to exemptions like these that circumvent the HON. JOHN P. SARBANES ness, but also an enduring sense of gratitude established legislative process, committees of OF MARYLAND that I recognize him for the tremendous inspi- jurisdiction, and longstanding administrative IN THE HOUSE OF REPRESENTATIVES ration he provided to the South Florida com- processes. munity. Section 405 in Chapter 4 of H.R. 4899 Wednesday, July 14, 2010 Mr. Young was born in Spartanburg, South would exempt the Army Corps of Engineers Mr. SARBANES. Madam Speaker, I rise Carolina on March 20, 1932 to the late Mr. (Corps) Trinity River Flood Control project in today to recognize Mr. John ‘‘Jack’’ Saum who Charles Young, Sr. and Mrs. Mattie Mae Dallas, Texas, from the National Historic Pres- was recently honored by his peers within the Bryson-Young. After graduating high school, ervation Act (NHPA), 16 U.S.C. § 470 et seq., trucking industry as the 2010 Dealer of the Mr. Young enlisted in the United States Air and ‘‘any highway project’’ in the ‘‘vicinity’’ of Year by the American Truck Dealers (ATD) Force. He was Honorably Discharged after the Dallas Floodway from Section 4(f) of the and Heavy Duty Trucking. The award recog- serving four years as a radio operator on B– Department of Transportation Act, 49 U.S.C. nizes excellence in dealership performance, 29 Bomber Aircrafts during the Korean War. § 303 and 23 U.S.C. § 138, setting an alarming industry leadership, civic contributions and Upon returning home from the military, Mr. precedent and undermining our country’s na- community service. Mr. Saum is Chairman of Young enrolled at Livingstone College in Salis- tional preservation program. the Board of Beltway Truck Companies, LLC, bury, North Carolina where he earned a bach- The NHPA establishes preservation as a which is headquartered in Baltimore, Maryland elor’s degree in Political Science. While in col- national policy and directs the Federal govern- in my Congressional district. lege, Mr. Young pledged Omega Psi Phi, Fra- ment to provide leadership in preserving, re- For more than 40 years, Mr. Saum has ternity. Soon thereafter, he moved to New storing, and maintaining historic and cultural been involved in the truck business. He held York, New York. sites significant in American history, architec- a series of management positions with Inter- His professional career began when he se- ture, archeology, or engineering. To comply national Harvester in the Northeast region of cured employment in a number of administra- with the Act, Federal agencies having direct or the country before joining Beltway Inter- tive positions for the State and City of New indirect jurisdiction over a proposed Federal or

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.018 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1319 federally assisted undertaking must evaluate tools to balance historic preservation concerns MEDIA SHOW DOUBLE STANDARD the effect of the undertaking on any district, with the needs of federal undertakings. These ON SUPREME COURT NOMINEES site, building, structure, or object that is in- reviews ensure that federal agencies identify cluded in or eligible for inclusion in the Na- any potential conflicts between their under- HON. LAMAR SMITH tional Register of Historic Places. 16 U.S.C. takings and historic preservation and resolve OF TEXAS § 470f (also known as ‘‘Section 106’’). any conflicts in the public interest. The proc- IN THE HOUSE OF REPRESENTATIVES In the case of the Trinity River Flood Control ess has worked efficiently and effectively for Wednesday, July 14, 2010 Project, the Corps is currently complying with nearly fifty years. The NHPA and Section 4(f) Section 106 of the NHPA by determining exemption language contained in H.R. 4899 is Mr. SMITH of Texas. Madam Speaker, the whether or not the Dallas Floodway is eligible an affront to the Act’s visionary framers. national media have shown a clear double for inclusion in the National Register. A 55- America’s industrial and engineering infra- standard in their coverage of Supreme Court page research paper produced last November structure, and associated historic properties nominees, according to recent studies by the by the Corps cited the levees’ historic impor- are essential to the nation’s identity—its cul- Media Research Center (MRC). tance to the development of modern Dallas ture, history, and economy, past, present and MRC found that when President Bush nomi- and noted that the levees are considered a future. In the absence of the protections af- nated John Roberts and Samuel Alito to the manmade landmark by the American Society forded by Section 106 of the NHPA and Supreme Court in 2005, the national media re- of Civil Engineers. Transportation’s Section 4(f), those corridors peatedly described both men as ‘‘very con- The Federal Highway Administration have no meaningful procedural guarantees for servative.’’ In contrast, when President Obama nomi- (FHWA) is also planning to build a toll road, preservation consideration, ensuring pieces of nated Sonia Sotomayor in 2009 and Elena and one of the potential routes would run be- American history will be lost forever. tween the two levees. A determination of Na- Kagan this year, the media rarely described tional Register eligibility could ultimately affect f them as ‘‘very liberal.’’ the route by requiring FHWA and local officials MRC also found that the television networks HONORING DR. DENNIS TRYBUS to seek feasible and prudent alternatives that gave far more coverage to opponents of Rob- ON THE OCCASION OF HIS RE- would avoid and minimize harm to the historic erts and Alito compared to opponents of TIREMENT FROM THE POSITION levee system—this review is commonly re- Sotomayor and Kagan. OF EXECUTIVE DIRECTOR AT The national media should report the facts, ferred to as Section 4(f). There is also a need THE HELPING HAND REHABILI- not practice a double standard. to restore the levees’ integrity and comply with TATION CENTER the Federal Emergency Management Agen- f cy’s new flood risk maps for Dallas. INTRODUCING LEGISLATION TO There are hundreds, if not thousands of HON. DANIEL LIPINSKI IMPROVE THE POST 9/11 VET- projects similar to this underway around the OF ILLINOIS ERANS EDUCATION ASSISTANCE country. Those projects are all following fed- IN THE HOUSE OF REPRESENTATIVES PROGRAM (P.L. 110–252) eral laws and utilize administrative options to Wednesday, July 14, 2010 resolve any issues under the NHPA and Sec- HON. GWEN MOORE tion 4(f). There was no evidence that a broad, Mr. LIPINSKI. Madam Speaker, I rise today OF WISCONSIN blanket exemption from NHPA and Section to honor Dr. Dennis Trybus, a constituent in IN THE HOUSE OF REPRESENTATIVES 4(f) of the Department of Transportation Act my district who has nurtured children and warranted Congressional intervention to cir- adults with developmental disabilities to their Wednesday, July 14, 2010 cumvent longstanding, successful administra- full potential for the past 12 years while serv- Ms. MOORE of Wisconsin. Madam Speak- tive procedures already in place that balance ing as the Executive Director at the Helping er, I am proud to rise today to introduce legis- practical needs with the protection of historic Hand Rehabilitation Center. lation that would help improve one of the resources. Helping Hand has been a fixture in my dis- major new benefit programs—the Post 9/11 This exemption was inappropriate, unneces- trict for over five decades. Established in 1955 Veterans Education Assistance program (P.L. sary, and unprecedented. There was no evi- at a time when little support existed for chil- 110–252)—better known as the Post-9/11 G.I. dence that administrative tools would not have dren with disabilities and their families, it has Bill that Congress created in recognition of the been unable to resolve any issues pertaining now grown into a successful, respected institu- continuing sacrifice of the men and women in to the levees on the Trinity River. Congress tion serving 500 individuals per year and offer- our Armed Forces. should have ensured that the available admin- ing varied services from education to therapy This new law provides veterans with active istrative mechanisms had been fully employed and from vocational support to residential duty service after Sept. 11, 2001 with en- before including this broad and unnecessary placement in independent group homes. hanced educational benefits to cover more ex- exemption that would endanger historic re- For the last 12 years, Helping Hand has penses including a living allowance and sources intrinsic to the development of a flourished under the steady hand of the Exec- money for books. Just over 2 years ago— major American city and set a dangerous utive Director Dr. Trybus. Dr. Trybus spear- June 30, 2008—this legislation was signed precedent. headed key expansion projects for Helping into law and the first benefit checks were dis- The whole purpose of the Section 106 of Hand, with the construction of three new bursed in August 2009. While there have been the NHPA and Section 4(f) of the Department group homes and the establishment of a spe- problems at the startup of this program which of Transportation Act is to ensure that federal cialized school for children with autism—a I hope have now been largely resolved, hun- resources are not used to harm historic prop- state of the art model facility. Through his long dreds of thousands of veterans are now at- erties without the consideration of adverse ef- tenure at Helping Hand, he has built many tending classes using the post-9/11 GI bill. fects and alternatives. A National Register list- warm relationships with the Center’s clients, One of the new benefits available for our ing or eligibility does not prevent private prop- their families, and the Center’s staff, encour- men and women in uniform is a provision al- erty owners from harming or even destroying aging a culture of commitment and caring at lowing servicemembers to transfer unused their own historic properties, as long as no this institution. benefits to their spouses and dependent chil- federal funding or federal permits are involved. Dr. Trybus’ commitment to Helping Hand dren. Children can use these benefits up until But where taxpayer dollars are awarded, or and to its clients will be sorely missed as he age 26 to pursue higher education. This provi- federal regulatory authority is invoked, those retires from this position—an occasion truly sion was included in recognition of the invalu- public benefits must be conditioned on compli- worthy of special recognition and commenda- able and uncompensated sacrifices made by ance with our federal laws that require historic tion. But his achievements will enable Helping the families of members of the Armed Forces, preservation and other policies to be included Hand to carry on its work long into the future; and in particular their children, who provide in the process of planning specific projects. and I am happy to announce that Helping unconditional love and support to their loved This does not mean that projects cannot pro- Hand will celebrate his legacy by naming its ones serving in the Armed Forces. The De- ceed where a historic property is involved; it newly constructed Wellness Center in his partment of Defense June 2007 Mental Health simply means that the impacts of the projects honor. Task Force report noted that ‘‘The well-being on that property must be considered and if I ask you to join me in honoring Dr. Dennis of service members is inextricably linked to necessary, mitigated. Trybus and his work on behalf of people with the well-being of their families.’’ In 1966 Congress created Section 106 of developmental disabilities, and to wish him a The legislation that I am introducing today— the NHPA and Section 4(f) of the DOT Act as well-deserved long and happy retirement. the Post 9/11 G.I. Bill Dependent Coverage

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.021 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1320 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 Improvement Act—would make this transfer- War II, Tom Moody opened Moody’s Tire Outside of the Christian press, the deporta- able benefit useful for more families. The cur- Company doors April 1, 1944. Ed Moody tions have largely gone unnoticed. One man rent Post-9/11 G.I. bill statute allows children joined his brother two years later. Constantly who has paid attention is Virginia Rep- resentative Frank Wolf, a Republican who of servicemembers to use these transferred seeking to offer a service of necessity and pa- co-chairs Congress’s Human Rights Commis- benefits up until age 26 but regulations essen- triotism, Moody’s Tire Company learned to re- sion. In hearings last month, Mr. Wolf scored tially require that transfer to take place prior to tread tires after a freeze was placed on cre- Secretary of State Hillary Clinton and U.S. that child turning age 23. ating a new product. This spirit of devotion to Ambassador to Morocco Sam Kaplan for fail- Mr. Speaker, I can find no valid policy rea- community and country is woven throughout ing to speak up for the expelled Americans. son for this gap. My bill would close this gap Ed Moody’s life. Mr. Wolf wants Congress to suspend its and allow children of servicemembers to be Ed Moody is known in his community as $697.5 million five-year Millennium Chal- transferred these benefits up to the current ‘‘Mr. Franklin.’’ His perfect attendance at the lenge contract with Morocco. The program, limit on when they can use those benefits, age Franklin noon Rotary meeting, his devotion to which is intended to fight poverty, gives grants to countries based on factors like 26. This change is written in a way so that its the Boys and Girls Club of Franklin and ‘‘ruling justly.’’ U.S. taxpayers won’t tol- impact is limited to just this program. Williamson County, and his commitment to the erate financing governments that mistreat This gap was brought to my attention by a ideals of the greatest generation are just a few Americans solely because of their religion. constituent, a veteran of multiple wars, who of the accolades his wife Eileen, their daugh- tried to transfer his Post-9/11 GI Bill benefits ters Patsy and Rebecca, his four grand- f to his daughter only to be blocked by the age children and the rest of the Moody family cele- limitation. I can only imagine his disappoint- brate today. MEDIA SHOW DOUBLE STANDARD ment at finding out that he could not pass I ask my colleagues to join me in wishing ON PROSECUTION OF MEDIA these hard earned benefits to the daughter he ‘‘happy birthday’’ to Mr. Ed Moody. As we cel- LEAKS has loved and supported her whole life. ebrate his birth and his lasting mark on the Age 26 is now widely recognized as a crit- community of Franklin, Tennessee, we wish HON. LAMAR SMITH him many more years of life and love. ical age up to which other important benefits OF TEXAS for dependent children are being tied, includ- f IN THE HOUSE OF REPRESENTATIVES ing under the new health care reform law. Ear- MOROCCAN GOVERNMENT’S lier this month, the FY 2011 National Defense Wednesday, July 14, 2010 CAMPAIGN OF PERSECUTION Authorization Act that this House passed Mr. SMITH of Texas. Madam Speaker, the would extend coverage under TRICARE for HON. FRANK R. WOLF national media strongly criticized former Presi- dependent children up to age 26 to match the dent George W. Bush for cracking down on OF VIRGINIA requirement in the health reform law. If this fix leaks of classified information to the media. IN THE HOUSE OF REPRESENTATIVES was appropriate for health care benefits, it cer- Now, as the Obama Administration intensi- tainly ought to be appropriate for education Wednesday, July 14, 2010 fies efforts to prosecute media leaks, the na- benefits. Mr. WOLF. Madam Speaker, I would like to tional media are mostly silent. When the Post-9/11 GI bill was passed we bring to the attention of my colleagues the fol- Even the New York Times noticed the dou- were primarily concerned with increasing the lowing op-ed which appeared in the Wall ble standard: benefits available to our brave servicemen and Street Journal on Tuesday, July 6. The King- ‘‘In 17 months in office, President Obama servicewomen, not putting up more barriers to dom of Morocco, often portrayed as a beacon has already outdone every previous president keep them from accessing them. Unfortu- of tolerance in the Arab world, has shown its in pursuing leak prosecutions. His administra- nately, this oversight limits the scope of these true colors with the recent expulsion of dozens tion has taken actions that might have pro- new benefits in a way that was certainly unin- of U.S. citizens and scores of foreign nationals voked sharp political criticism for his prede- tended. With this legislation, we can correct without due process. I urge my colleagues to cessor, George W. Bush, who was often in this so all eligible dependents are provided ac- support these American citizens whose human public fights with the press.’’ cess to the benefits this bill provides. I urge rights have been violated by the Moroccan The national media should give Americans my colleagues to join me in this effort. government. the facts, not practice a double standard. f [From the Wall Street Journal, July 6, 2010] PERSONAL EXPLANATION EXPELLED IN MOROCCO—U.S. ALLY f MISTREATS AMERICAN CHRISTIANS Morocco has long been considered a bas- COMMENDING THE FRATERNAL HON. W. TODD AKIN tion of relative religious tolerance in the ORDER OF THE EAGLES OF MISSOURI Muslim world, but since March the govern- IN THE HOUSE OF REPRESENTATIVES ment has summarily expelled dozens of Americans for Christian proselytizing. HON. DAVID LOEBSACK Wednesday, July 14, 2010 Of the more than 100 Christians (some of OF IOWA Mr. AKIN. Madam Speaker, on rollcall No. them non-Americans) who have been de- IN THE HOUSE OF REPRESENTATIVES ported—humanitarian workers, businessmen 434, H.R. 4514—Colonel Charles Young Wednesday, July 14, 2010 Home Study Act, had I been present, I would and teachers—many had lived in Morocco for more than a decade. Most were denied any have voted ‘‘aye.’’ Mr. LOEBSACK. Madam Speaker, I rise semblance of due process, and some were today to thank the Fraternal Order of the Ea- f given only a few hours to pack their bags. The government has provided little or no gles for their pledge to donate $25 million over HONORING ED MOODY evidence of proselytizing, which is illegal in the course of the next five years in order to Morocco. support diabetes research at the University of HON. MARSHA BLACKBURN Eddie and Lynn Padilla had been foster Iowa. parents in the Village of Hope, an orphanage OF TENNESSEE The Fraternal Order of the Eagles has rec- located in the Atlas Mountains east of the IN THE HOUSE OF REPRESENTATIVES ognized that diabetes has become an increas- capital of Rabat, where they were raising ingly serious problem in this country, affecting Wednesday, July 14, 2010 two Moroccan orphan boys under the age of two. The government has long known they over 23 million Americans. Their pledge to Mrs. BLACKBURN. Madam Speaker, I rise are Christians and had granted them a 10- fund diabetes research at the University of today to celebrate the journey of Ed Moody. year visa. Iowa represents an extraordinary commitment Entrepreneur, citizen, veteran, and family man, That changed on March 9. After three days to researching better prevention and manage- Mr. Moody celebrates his 90th birthday among of police inspection and interrogation, the ment techniques to improve the health of our family, friends, and those who in the past nine Padillas were given a few hours to gather nation. decades are friends who have become Mr. their belongings. ‘‘It happened so fast that The University of Iowa is consistently at the you didn’t even really have time to feel the Moody’s family. shock of it until later,’’ Mrs. Padilla told us forefront of innovative research, and through While stricken with the mumps, brothers in an interview. ‘‘The worst moment of it all this new partnership with the Fraternal Order Tom and Ed Moody passed the time by was handing over the boys. . . . These chil- of the Eagles, I am confident that we can dis- dreaming of opening a business of their own. dren were abandoned by their birth mothers. cover new ways to reduce the devastating ef- Delayed by his honorable service in World We were their parents.’’ fects of diabetes.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.024 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1321 HONORING TAMPA POLICE DE- On behalf of the generous and appreciative PERSONAL EXPLANATION PARTMENT OFFICERS, JEFFREY families of the Tampa Bay Area, I am proud KOCAB AND DAVID CURTIS to salute the outstanding service of these two HON. ADAM H. PUTNAM young heroes and remember all those who OF FLORIDA HON. KATHY CASTOR have also sacrificed their life to serve their fel- IN THE HOUSE OF REPRESENTATIVES OF FLORIDA low citizens. I know that their families and Wednesday, July 14, 2010 IN THE HOUSE OF REPRESENTATIVES communities are proud of them and of their accomplishments. These brave men gave their Mr. PUTNAM. Madam Speaker, on Tues- Wednesday, July 14, 2010 lives to protecting our city. For that, I rise day, July 13, 2010, I was not present for three Ms. CASTOR of Florida. Madam Speaker, I today before the United States House of Rep- recorded votes. Had I been present, I would rise today on behalf of my community as we resentatives to honor the memory of Officers have voted the following way: mourn the deaths of two young Tampa Police Jeffrey Kocab and David Curtis. Roll No. 434—‘‘yea.’’ Department Officers, Jeffrey Kocab and David Roll No. 435—‘‘yea.’’ Roll No. 436—‘‘yea.’’ Curtis, who were fatally shot in the line of f duty. f Tampa families and neighborhoods value IN RECOGNITION OF GOOD CONGRATULATING JAMIE OLIVER the service of the brave officers of the Tampa SAMARITAN RON ROBINSON FOR HIS EMMY NOMINATION Police Department. On June 29th 2010 the city lost two valuable members of the forces. The officers were conducting a routine traffic HON. BOB ETHERIDGE HON. NICK J. RAHALL II OF WEST VIRGINIA stop when the passenger opened fire, hitting OF NORTH CAROLINA the officers. Both passed away at Tampa Gen- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES eral Hospital that same morning. Wednesday, July 14, 2010 Jeffrey Kocab began his law enforcement Wednesday, July 14, 2010 Mr. RAHALL. Madam Speaker, I bring to my career 2006 and was honored as ‘‘Officer of colleagues’ attention today Jamie Oliver, who the Year’’ and ‘‘Employee of the Month’’ on Mr. ETHERIDGE. Madam Speaker, I rise has been nominated for an Emmy for his tele- four separate occasions for his outstanding today to honor a true hero from my district, vision series, ‘‘Jamie Oliver’s Food Revolu- performance. Officer Kocab was an achiever Mr. Ron Robinson of Dunn, North Carolina. tion,’’ which focused on the children of Hun- who loved his work. In the fourteen months he Mr. Robinson has shown outstanding courage, tington, West Virginia. Mr. Oliver highlighted was with the Tampa Police Department he es- selflessness and bravery by risking his life to the importance of a community’s dedication to tablished himself as a fine officer. His out- save victims of not one, but two separate car improving their kid’s health through what they standing police skills allowed him to move crashes in the past two months. eat and fostering cooperative partnerships with through the department’s training program at Once part of the Dunn rescue squad, Ron the Cabell County School District, a commu- an accelerated pace and his work was a testa- Robinson quickly put his experience and nity kitchen, and by working with families one- ment to his strong commitment to law enforce- knowledge to work, helping those in a crucial on-one to reach their goal. ment. time of need. A little over a month ago, two Jamie Oliver’s show helped Cabell County David Curtis was a dedicated four-year young people were in a tragic car accident School District transform their meals to include Tampa officer. A native of Mobile, Alabama outside of the Walmart in Dunn, NC. Mr. Rob- more fresh foods, which is helping our children Curtis began working for Hillsborough County inson, who was shopping at the Walmart as to improve their health from an early age. Sheriffs Department in 2002 where he was the SUV slammed into the store, was the first As our nation faces an obesity epidemic, we part of the Tactical Action Control team. Dur- to immediately run outside to help the teens need to encourage every effort to improve the ing his tenure there, he went to Mississippi in trapped inside the vehicle. With his assist- meals served in our schools. ‘‘Jamie Oliver’s 2005 to help with the recovery efforts after ance, Triton High senior Dillon Tart, 18, sur- Food Revolution’’ did just that—and Cabell Hurricane Katrina. He received outstanding vived the crash with minor injuries. As I honor County School District is continuing to imple- evaluations throughout his time at the sheriff’s Mr. Robinson’s heroism, I also wish to pause ment his program. Mr. Oliver is a leader in the office, but he knew he wanted to one day be for a moment to mourn Mr. Tart’s Triton High fight against obesity and I am thankful that he a deputy or a police officer on the street. In classmate, Ashley Moore, who did not survive and his staff were able to share their lessons 2006 he got that opportunity when he began the crash, despite Mr. Robinson’s efforts. This with West Virginia. with the Tampa Police Department where he loss does not diminish Mr. Robinson’s valor, To support the efforts begun by ‘‘Jamie Oli- was soon honored as ‘‘Employee of the but does remind us that not all rescues are in ver’s Food Revolution,’’ I am also currently Month’’ in recognition of his work with a com- our hands. drafting legislation that would create a grant plicated child neglect case. He loved partici- This past Thursday, July 8, Mr. Robinson program for school districts, like Cabell Coun- pating in the honor guard and recognizing the once again came face-to-face with a serious ty, that seek to improve the health of their stu- people who have given their lives in the line car accident, this one off of Interstate 95 in dents by implementing a nutrition program that of duty. Officer Curtis was always compas- Dunn. The truck involved in the accident was provides healthier, less-processed foods to sionate with others and was dedicated to his already on fire as Ron approached the crash, their students. job and community. but that didn’t stop him from crawling into the If federal funds can provide the funding Throughout the years we have lost several vehicle and pulling the driver from the flames. boost school districts need to provide healthier other police officers and together we honor Again, Mr. Robinson risked his life to save the foods, I want to make sure we can set aside their memories. Corporal Michael Joseph Rob- life of another. those funds to encourage these great initia- erts was shot and killed in 2009 while inves- tives. Studies show a healthier diet promotes tigating a heavily armed man. During his 11 This kind of bravery and heroism just the physical well being and academic develop- years with the Tampa Police Department he doesn’t happen every day. It is people like ment of our young people. I believe in the pro- received 33 commendations and awards for Ron Robinson that truly embody the phrase gram’s potential to pave the way to more nutri- his work, including the department’s rare ‘‘Life ‘‘Good Samaritan’’ and remind us what it tious menus in our schools, across W. Va. and Saving Award.’’ means to fulfill the directive to ‘‘help thy neigh- the nation. We will also always remember the day of bor.’’ I don’t like to think what might have hap- West Virginia has been at the forefront of May 19, 1998 when Detectives Ricky J. pened had Ron not been at the scene of efforts to improve school nutrition for the past Childers and Randy Scott Bell were shot while those crashes, but fortunately he was and he five years—in fact It was the first state to im- transporting the murder suspect of a 4–year serves as a true example of what it means to plement many of the recommendations of the old boy. Both detectives were veteran officers be part of a community. Institute of Medicine, which exceed the current of the Tampa Police Department and had re- Madam Speaker, I urge my colleagues to national standards for school nutrition. Mr. Oli- ceived over 30 letters of commendation each join me today in recognizing the heroism of an ver’s show continued this effort and definitely during their service on the force. Their loss ordinary man performing extraordinary feats. made an impact on the entire region and I be- motivated changes in the Tampa Police De- His selflessness and readiness to help those lieve our children will be better for it. partment’s law and policy so officers could in need is truly something to be admired. We I offer my sincere congratulations to Jamie better protect themselves while in the line of in North Carolina are proud to call Ron Robin- and wish him the best of luck at the Emmys duty. son our hometown hero. in August.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.030 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1322 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 PERSONAL EXPLANATION IN HONOR OF FELIX HARVEY FOR This debt and its interest payments we are HIS NINETIETH BIRTHDAY passing to our children and all future Ameri- ´ cans. HON. RUBEN HINOJOSA HON. BOB ETHERIDGE f OF NORTH CAROLINA OF TEXAS TRIBUTE TO BISHOP ABRAHAM I.J. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES SWANSON XII Wednesday, July 14, 2010 Wednesday, July 14, 2010 Mr. ETHERIDGE. Madam Speaker, I rise HON. STEVE DRIEHAUS today to honor Felix Harvey, a North Carolina Mr. HINOJOSA. Madam Speaker, I request OF OHIO businessman and civic leader, as he turns a leave of absence from the House of Rep- IN THE HOUSE OF REPRESENTATIVES resentatives for July 13, 2010 and the balance ninety years young on July 16, 2010. Felix Harvey was born in Kinston, North Wednesday, July 14, 2010 of the week, due to the effect Hurricane Alex Carolina, almost a century ago and yet has and the tropical depression that quickly fol- Mr. DRIEHAUS. Madam Speaker, last week never grown old. Felix married his wife, Mar- lowed are having on my district, TX–15, in Cincinnati lost an iconic figure in our religious garet Little Blount, in 1945 and since then has South Texas. community when Bishop Abraham I.J. Swan- raised two beautiful daughters, Leigh and son XII left this world. More than 65 years Sunny. They have seven grandchildren. ago, Bishop Swanson became the founding f In addition to being a family man, Felix is pastor at the BibleWay Church of God in known for his keen business-savvy that has RECOGNIZING THE BIG SPRING Christ. Whether preaching to his congregation fueled his success for the past fifty years. VETERANS AFFAIRS MEDICAL Felix has been a good North Carolina busi- or to those listening to his forty years of CENTER FOR 60 YEARS OF SERV- nessman in every sense, making a living broadcasts on 1480 WCIN, Pastor Swanson ICE doing right by the folks in his home state. Felix offered words of encouragement, hope, and is Chairman of the Board of Harvey Enter- faith to those struggling the most. His words prises and Affiliates, which engages in farming inspired perseverance in the face of adversity, HON. RANDY NEUGEBAUER and agricultural supplies, cotton ginning, trans- a reflection of his own faith and his commit- OF TEXAS portation, real estate, and retail petroleum dis- ment to our community. Those who knew him are profoundly grateful for his service, and in IN THE HOUSE OF REPRESENTATIVES tribution. In addition, he served on several other corporate boards, including the Board of his absence we continue to draw strength Wednesday, July 14, 2010 the North Carolina National Bank, now Bank from his words: ‘‘Hold on to your hope, keep of America, Integon Corporation and North the faith, stand your ground until reinforcement Mr. NEUGEBAUER. Madam Speaker, in his Carolina Natural Gas, to name a few. comes; it will come in the morning.’’ second inaugural address, Abraham Lincoln More recently, Felix planted an orchard and f stated ‘‘. . . to care for him who shall have opened a fruit stand. There is a Greek proverb INTRODUCING THE SCHOOL EN- borne the battle and for his widow and his or- that says a society grows great when old men HANCEMENT OF AMERICA’S TAL- phan . . .’’ It is those same words that grace plant trees in whose shade they will never sit. ENTED STUDENTS ACT the steps of the headquarters of the Veterans Felix has not just planted a tree, but has plant- Administration, representing the sacred duty ed an entire orchard so that others could we owe to the men and women who wore the enjoy its fruit. Felix is always looking into the HON. NICK J. RAHALL II uniform of this great nation. future and thinking about how he can expand OF WEST VIRGINIA Some have worn this uniform voluntarily, his horizons, growing and learning every day IN THE HOUSE OF REPRESENTATIVES others by conscription. Others made a life of and making North Carolina a better place to Wednesday, July 14, 2010 service in the military their career, often live. passed down from one generation to the next. Felix remains active in his community and Mr. RAHALL. Madam Speaker, today, I in- The United States generally and west Texas his free time as well. He has been Vice Chair- troduce the School Enhancement of America’s in particular have had a long and proud history man of the Board and President of the North Talented Students Act, a bill to create a com- of giving thanks to our veterans. Today, Amer- Carolina Global Transpark foundation since petitive grant program for schools that are ican’s all-volunteer force is one composed of 1993 and he has had a lasting commitment to striving to combat obesity and improve nutri- men and women willing to risk their lives in his alma mater, the University of North Caro- tion in our schools. defense of freedom and liberty for America lina at Chapel Hill. All the while, he still finds One-third of America’s youth are now over- and her allies, and in return we owe to them time to get outside and perfect his golf game. weight or obese, and it’s getting worse. We a debt of gratitude. Madam Speaker, I urge my colleagues to need to act now as a nation to prevent not join me today in recognizing a man who re- only a health crisis, but God forbid these kids As part of that gratitude, the Big Spring Vet- minds us that age is just a number. It is with be called to our national defense years from erans Affairs Medical Center serves veterans great pride and joy that I wish Felix Harvey, a now. How prepared will we be to defend our from a 53-county area in west Texas and part great friend to me and the state of North Caro- shores? We were caught ill prepared before. of New Mexico. For 60 years now, the Big lina, a happy ninetieth birthday. He is an ex- We established national child nutrition pro- Spring VAMC has been an institution helping ample to us all in his fervor for life and re- grams, now it’s time to keep them working. It veterans young and old recover from wounds minds us to ‘‘share the fruit’’ with our future is a fact that our Nation’s schools now provide suffered on the field of battle. Without this fa- generations. over half the calories our children consume cility, rural veterans would be at a significant f through breakfast and lunch programs. We disadvantage in receiving the specialty care can feed our kids better by simply shifting the many of them have earned. The Big Spring OUR UNCONSCIONABLE NATIONAL recipes our schools use to fresh vegetables VAMC is a living testament to the men and DEBT and fruits and other healthier alternatives. women of our armed forces. Healthy habits formed early, last lifetimes. As The Big Spring VAMC provides a wide HON. MIKE COFFMAN families grow healthier, our country prospers. range of patient care services, including inpa- OF COLORADO Obesity can bankrupt the health of a nation tient and outpatient care as well as residential IN THE HOUSE OF REPRESENTATIVES easier than the most complex far-reaching rehabilitation. The hospital is currently expand- Wednesday, July 14, 2010 Wall Street scam. Obesity creates a complex ing to meet the needs of more veterans with Mr. COFFMAN of Colorado. Madam Speak- formula of inter-related secondary deadly a 40–bed residential rehabilitation unit exer, today our national debt is health risks. We are blessed that we can turn pected to be completed later this year. $13,199,290,856,204.31. the tide. Through many changes, the Big Spring com- On January 6th, 2009, the start of the 111th This bill creates a competitive grant program munity has stood in strong support of the hos- Congress, the national debt was for school districts that seek to improve the pital and the veterans it serves. I join the com- $10,638,425,746,293.80. health of our students by implementing a nutri- munity in thanking the Big Spring VMAC for This means the national debt has increased tion program that provides healthier meals. 60 years of service and offer best wishes for by $2,560,865,109,910.50 so far this Con- The grant program would give priority to states many more years to come. gress. with the highest obesity rates of at least 30

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14JY8.034 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1323 percent for adults and children and where at sembled baseball powerhouses, but in Tampa of Judge Irvin Douglas Sugg, Sr. Judge Sugg least 50 percent of the students are eligible for his name evokes a legacy of generosity and a was a great man in his community, however, free or reduced lunch. These states, including true desire for the betterment of others. As a he is most known for being the first African- my home state of West Virginia, face a steep philanthropist, Steinbrenner made his contribu- American judge to preside in Halifax County, climb in the battle against child obesity. This tions quietly, often preferring to remain anony- Virginia. grant program will help implement initiatives mous and avoid publicity in his giving. that will improve the health of the students. I rise today on the floor of the United States Born in 1916, Judge Sugg attended elemen- ‘‘Jamie Oliver’s Food Revolution’’ was in House of Representatives to honor the life of tary and high school in South Boston, Virginia. fact a revolution of recipes for Cabell County George Steinbrenner, to pay tribute to his out- He graduated high school from Mary Potter Schools in Huntington, West Virginia, where standing contributions to the Tampa commu- Memorial School, a boarding school in Oxford, the schools adopted meal plans using more nity. His wife Joan and children Jenny, Hank, NC. After graduation, Judge Sugg matriculated fresh ingredients. I applaud Cabell County and Hal are valued family members of our at Virginia Union University in Richmond, Vir- Schools for its innovative program, partnering greater community as well. The Steinbrenner ginia, where he majored in history until he was with Mr. Oliver, and continuing with their own family’s spirit of charity is an inspiration to all drafted into the U.S. Army in 1940. His tour of ingenuity and hard work. They are leading the who know them and their philanthropy will live duty lasted until November 1944. way as we all seek to improve the lives and on in the lives of countless friends and fami- futures of our kids and grandkids. I want to While in the Army, Judge Sugg was sta- lies. tioned at Fort Belvoir, Virginia, and later at ensure that other Congressional districts con- f fronting similar circumstances have the oppor- Walter Reed Army Medical Center here in tunity to implement a program that encourages ABC, WASHINGTON POST SPIN Washington, DC. By the end of World War II, fresh foods in school meals. POLL RESULTS he reached the rank of Technical Sergeant, As Congress moves towards improving the only one promotion from Master Sergeant. He nutrition of school meals through the Child Nu- HON. LAMAR SMITH was honorably discharged in November 1945 trition Reauthorization, I urge my colleagues to OF TEXAS and had earned the American Defense Cam- IN THE HOUSE OF REPRESENTATIVES support this program to give our schools an paign Ribbon and the Good Conduct Medal. opportunity to serve healthier foods and begin Wednesday, July 14, 2010 Judge Sugg and his family moved back to to reduce childhood obesity. Mr. SMITH of Texas.. Madam Speaker, South Boston where he worked at the Pied- f Americans’ confidence in President Obama mont Grocery Company—his father’s store. has reached a new low, according to an ABC HONORING GEORGE He was also a professional photographer and News/Washington Post poll. But ABC and The STEINBRENNER real estate investor. Judge Sugg went back to Post found a way to spin the poll’s results and point out negatives for Republicans. school and earned his B.S. degree in history HON. KATHY CASTOR from Virginia Union University. He also earned OF FLORIDA Six in 10 Americans say they lack faith in his law degree from North Carolina College IN THE HOUSE OF REPRESENTATIVES the President to make the right decisions for School of Law—now North Carolina Central Wednesday, July 14, 2010 the country, according to the poll. A majority disapprove of his handling of the economy. University Law School—in Durham, NC, where Ms. CASTOR of Florida. Madam Speaker, I And those most likely to vote in the midterm he graduated cum laude. In 1953, he opened rise today to celebrate the life of George elections prefer Republican leadership over his own law practice in South Boston where Steinbrenner and to acknowledge the pro- continued Democratic rule by a 15-point mar- he practiced law for 32 years and was the first found impact he had on the Tampa Bay com- gin. black lawyer to practice law continuously in munity through his philanthropic contributions. These results are indisputably bad news for Halifax County. He leaves behind an extraordinary legacy and Democrats. But during ABC’s coverage of the will be remembered for his generous spirit that poll, George Stephanopoulos, a former Demo- In 1975, Mr. Sugg was appointed by the city improved the lives of countless families. cratic adviser, claimed that ‘‘there’s still . . . of South Boston as Substitute City Court Born in Rocky River, Ohio, Mr. Steinbrenner not a lot of confidence in the Republican Judge. Three years later, he was appointed graduated with a bachelor’s degree from Wil- Party.’’ Substitute General District Judge for the 10th liams College in 1952 and earned a master’s The Washington Post highlighted a mis- Judiciary District. In 1985, Judge Sugg was degree in physical education at the Ohio State leading graphic that indicated Americans have elected by the General Assembly to serve as University in 1955. He became the owner of more trust in Democrats than Republicans. In a judge in the General District Court for the the New York Yankees baseball team in 1973 fact, a greater number of poll respondents 10th Judicial Circuit, making him the first black and settled in Tampa in the mideighties. said they had at least some trust in Repub- judge in the district. In 1991, Judge Sugg won Tampa is the spring training home of the Yan- licans rather than Democrats. a precedent-setting court case against the kees and the Legend’s Field baseball complex ABC and the Washington Post should give state of Virginia, allowing him to work past the that they use was renamed George M. Americans the facts, not spin their poll results. mandatory retirement age and serve another Steinbrenner Field in 2008. Over the past dec- f ades, Steinbrenner truly came to consider six year term. Judge Sugg retired from the PERSONAL EXPLANATION Tampa ‘‘home,’’ evidenced by his abundant bench on February 28, 1998. contributions to youth sports, public schools, Judge Sugg has a long list of personal and children’s issues, military groups, and law en- HON. W. TODD AKIN professional affiliations including: Omega Psi OF MISSOURI forcement. Phi Fraternity, where he was the longest He contributed to many different charities, IN THE HOUSE OF REPRESENTATIVES Wednesday, July 14, 2010 standing member of Zeta chapter’s 90-year from the Boys and Girls Clubs to the Tampa history; Free and Accepted Mason, Prince Hall Mayor’s Alliance of Persons with Disabilities to Mr. AKIN. Madam Speaker, on rollcall No. Affiliation; Halifax County School Board mem- St. Joseph’s Children’s Hospital. Steinbrenner 435—H.R. 4438, San Antonio Missions Na- ber; South Boston Planning Commission was determined to make a difference in the tional Historical Park Leasing and Boundary member; and member of Mount Olive Baptist lives of his neighbors. In addition to initiating Expansion Act of 2010—had I been present, I the school district’s middle school athletics would have voted ‘‘aye.’’ Church. program, he gave to local schools to help fund f Judge Sugg was married for 68 years to new athletics facilities, including football sta- Bernice Humphrey Sugg and was the father to RECOGNIZING THE PASSING OF diums, lighting, tracks, and an aquatic center. JUDGE IRVIN DOUGLAS SUGG, SR. five children, grandfather to 14 and great- Steinbrenner hosted students every year at grandfather to 15. the Tampa Bay Performing Arts Center for the Judge Sugg made great contributions to the annual holiday concert. He also launched the HON. THOMAS S.P. PERRIELLO OF VIRGINIA South Boston community, Virginia and our Na- Gold Shields Foundation, an organization that IN THE HOUSE OF REPRESENTATIVES tion. He will be greatly missed. helps families of slain local law enforcement offices. Wednesday, July 14, 2010 I would like to send my condolences to From a distance, Mr. Steinbrenner may be Mr. PERRIELLO. Madam Speaker, I would Judge Sugg’s family and friends and to all of remembered nationally as the man who as- like to take the time to recognize the passing the South Boston community.

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.039 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS E1324 CONGRESSIONAL RECORD — Extensions of Remarks July 14, 2010 ON THE 25TH ANNIVERSARY OF HONORING MIAMI-DADE COUNTY MEETINGS SCHEDULED THE SERVICE OF THE REV. DR. AVIATION DEPARTMENT ASSO- JULY 20 DWIGHT S. RIDDICK, SR., AT CIATE DIRECTOR OF GOVERN- 10 a.m. GETHSEMANE BAPTIST CHURCH, MENT AFFAIRS ANA M. Judiciary NEWPORT NEWS, VIRGINIA SOTORRIO Business meeting to consider the nominations of Elena Kagan, of Massachu- HON. LINCOLN DIAZ-BALART setts, to be an Associate Justice of the Supreme Court of the United States, HON. ROBERT C. ‘‘BOBBY’’ SCOTT OF FLORIDA and James Michael Cole, of the District OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES of Columbia, to be Deputy Attorney General, Department of Justice. IN THE HOUSE OF REPRESENTATIVES Wednesday, July 14, 2010 SH–216 Mr. LINCOLN DIAZ-BALART of Florida. Wednesday, July 14, 2010 Banking, Housing, and Urban Affairs Madam Speaker, I rise today to honor Ana Security and International Trade and Fi- Mr. SCOTT of Virginia. Madam Speaker, I Sotorrio, the Associate Director of Government nance Subcommittee rise today to honor Reverend Dr. Dwight S. Affairs for the Miami-Dade Aviation Depart- To hold hearings to examine continuing ment, who has announced that she will be re- oversight on international cooperation Riddick, Pastor of Gethsemane Baptist Church tiring from her post after 30 years of dedicated to modernize financial regulation. in Newport News, Virginia. This is the 25th an- service to our community. SD–538 niversary of Dr. Riddick’s service to Geth- Mrs. Sotorrio joined Miami Dade’s Aviation 2 p.m. semane Baptist and the people of Newport Department in 1988 and became an Associate Rules and Administration News, and I would like to take this moment to Director in 1990. The Miami-Dade Aviation Business meeting to consider the nomi- recognize some of his numerous accomplish- Department operates several aviation facilities, nation of William J. Boarman, of Mary- land, to be Public Printer, Government ments during that time. including Miami International Airport. Under Printing Office. A native of Chesapeake, Virginia, Dr. her tenure, the airport experienced dramatic S–216, Capitol growth, becoming one of the leading inter- Riddick is a graduate of Norfolk State Univer- 2:30 p.m. national passenger and freight airports in the sity. In 1991, he received his Master’s Degree Foreign Relations world, as well as the largest U.S. gateway for To hold hearings to examine the nomina- of Divinity from the Samuel Dewitt Proctor Latin America and the Caribbean. As Asso- tions of James Franklin Jeffrey, of Vir- School of Theology at Virginia Union Univer- ciate Director of Government Affairs for the ginia, to be Ambassador to the Repub- sity in Richmond, and in 2005, he earned his department, Mrs. Sotorrio worked alongside lic of Iraq, Maura Connelly, of New Jer- Doctorate in Ministry from Regent University in the Miami-Dade Board of County Commis- sey, to be Ambassador to the Republic Virginia Beach. Dr. Riddick previously served sioners and gained approval for several of her of Lebanon, and Gerald M. Feierstein, of Pennsylvania, to be Ambassador to department’s leases, contracts, fiscal, and leg- six years as pastor of First Baptist Church of the Republic of Yemen, all of the De- Dendron, Virginia before coming to Geth- islative proposals. partment of State. semane Baptist. Ana has left a mark of professionalism and SD–419 serves as an example for others to follow. In his position as Pastor of Gethsemane, Dr. Intelligence Mrs. Sotorrio has earned the opportunity to To hold hearings to examine the nomina- Riddick has been an extraordinary shepherd spend time with her loved ones and dedicate tion of James R. Clapper, of Virginia, over a vibrant and growing flock. Under his vi- herself to other pursuits. Her family is every- to be Director of National Intelligence. sionary leadership, Gethsemane Baptist has thing to her, and she will love spending more SD–G50 grown from a mission with 200 individuals to time with her beloved granddaughter, Bianca, a church with well over 3,000 active members. her son, Carlos Jr., her daughter, Jessica, and JULY 21 I have attended Sunday services at Geth- of course, her husband, Carlos to whom she 9:30 a.m. Energy and Natural Resources semane Baptist and have seen his hand at has been married for over 35 years. On behalf of a grateful community, I wish to Business meeting to consider pending work in his church and community. During his calendar business. thank Ana Sotorrio for her outstanding service tenure, the Church established a learning and SD–366 and wish her the best in her future endeavors. child development center, a Christian school Veterans’ Affairs Ana, may you long enjoy your retirement with and a Bible Institute. In addition, several com- To hold hearings to examine improve- family and friends. ments to the post-9/11 Government munity outreach programs and ministries have f Issue (GI) Bill. been created during Dr. Riddick’s tenure. SR–418 Dr. Riddick led a successful building pro- SENATE COMMITTEE MEETINGS 10 a.m. gram which resulted in the construction of the Banking, Housing, and Urban Affairs Title IV of Senate Resolution 4, To hold hearings to examine the semi- current church building at Chestnut Avenue agreed to by the Senate on February 4, annual monetary policy report to the and 36th Street, and he is currently leading 1977, calls for establishment of a sys- Congress. another building program which will result in tem for a computerized schedule of all SD–G50 the Church’s second location on a 16-acre meetings and hearings of Senate com- Finance campus in Newport News. mittees, subcommittees, joint commit- To hold hearings to examine an update tees, and committees of conference. on the Troubled Asset Relief Program Aside from his duties at Gethsemane, Dr. This title requires all such committees (TARP). Riddick currently serves as the President of to notify the Office of the Senate Daily SD–215 Health, Education, Labor, and Pensions the Baptist General Convention of Virginia, a Digest—designated by the Rules Com- To hold hearings to examine treating group with over 1000 member churches. He mittee—of the time, place, and purpose rare and neglected pediatric diseases, also serves as the Vice President of the of the meetings, when scheduled, and focusing on promoting the development Hampton University Minister’s Conference, a any cancellations or changes in the of new treatments and cures. member of the Board of Trustees at Virginia meetings as they occur. SD–430 Union University, and an Advisory Committee As an additional procedure along Homeland Security and Governmental Af- fairs member of Consolidated Bank and Trust. with the computerization of this information, the Office of the Senate Daily To hold hearings to examine the Home- On the occasion of his 25th anniversary, it Digest will prepare this information for land Security Department’s Quadren- gives me great pleasure to recognize and printing in the Extensions of Remarks nial Homeland Security Review and Bottom Up Review. commend Reverend Dr. Dwight S. Riddick for section of the CONGRESSIONAL RECORD SD–342 his service and dedication to the parishioners on Monday and Wednesday of each Judiciary of Gethsemane Baptist Church, the people of week. To hold hearings to examine the Second Newport News, and the Commonwealth of Vir- Meetings scheduled for Thursday, Chance Act, focusing on strengthening ginia. July 15, 2010 may be found in the Daily safe and effective community reentry. Digest of today’s RECORD. SD–226

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A14JY8.044 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS July 14, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E1325 Commerce, Science, and Transportation proving coordination and collaboration AUGUST 5 Oceans, Atmosphere, Fisheries, and Coast in the delivery of medical assistance 9:30 a.m. Guard Subcommittee during disasters. Veterans’ Affairs To hold hearings to examine ensuring ef- SD–342 Business meeting to consider pending fective clean up and restoration in the Health, Education, Labor, and Pensions calendar business. Gulf. Employment and Workplace Safety Sub- SR–418 SR–253 committee 2 p.m. To hold hearings to examine workplace Aging SEPTEMBER 22 safety and worker protections at BP. To hold hearings to examine continuing 9:30 a.m. SD–430 care retirement communities (CCRCs), Veterans’ Affairs 2:30 p.m. focusing on if CCRCs are a secure re- To hold hearings to examine a legislative Homeland Security and Governmental Af- tirement or a risky investment. presentation focusing on the American fairs SD–106 Legion. Federal Financial Management, Govern- 2:30 p.m. 345, Cannon Building Commerce, Science, and Transportation ment Information, Federal Services, To hold hearings to examine Security and International Security Sub- SEPTEMBER 23 and Accountability For Every (SAFE) committee Port Act reauthorization, focusing on To resume hearings to examine the Gulf 9:30 a.m. our nations infrastructure. of Mexico oil spill, focusing on ensur- Veterans’ Affairs SR–253 ing a financially responsible recovery. To hold an oversight hearing to examine Foreign Relations SD–342 Veterans’ Affairs disability compensa- To hold hearings to examine the nomination, focusing on presumptive dis- tions of Scot Alan Marciel, of Cali- JULY 28 ability decision-making. fornia, to be Ambassador to the Repub- SR–418 lic of Indonesia, Judith R. Fergin, of 10 a.m. Washington, to be Ambassador to the Judiciary Democratic Republic of Timor-Leste, To hold an oversight hearing to examine POSTPONEMENTS and Helen Patricia Reed-Rowe, of the Federal Bureau of Investigation. Maryland, to be Ambassador to the Re- SD–226 JULY 21 public of Palau, all of the Department 10 a.m. of State, and Robert M. Orr, of Florida, JULY 29 Homeland Security and Governmental Af- to be United States Director of the 2:30 p.m. fairs Asian Development Bank, with the Homeland Security and Governmental Af- To resume hearings to examine nuclear rank of Ambassador. fairs terrorism, focusing on strengthening SD–419 Oversight of Government Management, the our domestic defenses. Federal Workforce, and the District of JULY 22 SD–342 Columbia Subcommittee 10 a.m. To hold hearings to examine closing the Homeland Security and Governmental Af- language gap, focusing on improving fairs the Federal government’s foreign lan- State, Local, and Private Sector Prepared- ness and Integration Subcommittee guage capabilities. To hold hearings to examine disaster SD–342 medical preparedness, focusing on im-

VerDate Mar 15 2010 04:43 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\M14JY8.000 E14JYPT1 tjames on DSKG8SOYB1PROD with REMARKS Wednesday, July 14, 2010 Daily Digest Senate to authorize appropriations for grants to the States Chamber Action participating in the Emergency Management Assist- Routine Proceedings, pages S5797–S5868 ance Compact, after agreeing to the committee Measures Introduced: Fifteen bills and two resolu- amendment in the nature of a substitute. Page S5867 tions were introduced, as follows: S. 3577–3591, and Discharge Permits: Senate passed S. 3372, to S. Res. 581–582. Pages S5849–50 modify the date on which the Administrator of the Measures Reported: Environmental Protection Agency and applicable Report to accompany S. 1376, to restore immuni- States may require permits for discharges from cer- zation and sibling age exemptions for children tain vessels. Page S5867 adopted by United States citizens under the Hague Conference Reports: Convention on Intercountry Adoption to allow their Wall Street Reform and Consumer Protection admission to the United States. (S. Rept. No. Act—Agreement: A unanimous-consent-time agree- 111–220) ment was reached providing that at approximately H.R. 2765, to amend title 28, United States 9:30 a.m., on Thursday, July 15, 2010, following Code, to prohibit recognition and enforcement of any Leader time, Senate resume consideration of the foreign defamation judgments and certain foreign conference report to accompany H.R. 4173, to pro- judgments against the providers of interactive com- mote the financial stability of the United States by puter services, with an amendment in the nature of improving accountability and transparency in the fi- a substitute. nancial system, to end ‘‘too big to fail’’, to protect S.J. Res. 29, approving the renewal of import re- the American taxpayer by ending bailouts, to protect strictions contained in the Burmese Freedom and consumers from abusive financial services practices, Democracy Act of 2003. Page S5849 with the time until 11 a.m., equally divided and Measures Passed: controlled between Senators Dodd and Shelby, or their designees; with the 20 minutes prior to 11 Steve Goodman Post Office Building: Senate a.m., divided as follows: 5 minutes each in the fol- passed H.R. 4861, to designate the facility of the lowing order: Senator Shelby, Senator Dodd, Senator United States Postal Service located at 1343 West McConnell, Senator Reid; that at 11 a.m., Senate Irving Park Road in Chicago, Illinois, as the ‘‘Steve vote on the motion to invoke cloture on the con- Goodman Post Office Building’’, clearing the meas- ference report. Page S5867 ure for the President. Page S5867 Nominations Received: Senate received the fol- Zachary Smith Post Office Building: Senate lowing nominations: passed H.R. 5051, to designate the facility of the Victoria Frances Nourse, of Wisconsin, to be United States Postal Service located at 23 Genesee United States Circuit Judge for the Seventh Circuit. Street in Hornell, New York, as the ‘‘Zachary Smith Marco A. Hernandez, of Oregon, to be United Post Office Building’’, clearing the measure for the States District Judge for the District of Oregon. President. Page S5867 Beryl Alaine Howell, of the District of Columbia, Michael C. Rothberg Post Office: Senate passed to be United States District Judge for the District H.R. 5099, to designate the facility of the United of Columbia. States Postal Service located at 15 South Main Street Steve C. Jones, of Georgia, to be United States in Sharon, Massachusetts, as the ‘‘Michael C. District Judge for the Northern District of Georgia. Rothberg Post Office’’, clearing the measure for the Sue E. Myerscough, of Illinois, to be United States President. Page S5867 District Judge for the Central District of Illinois. Emergency Management Assistance Compact Diana Saldana, of Texas, to be United States Dis- Grant Reauthorization Act: Senate passed S. 1288, trict Judge for the Southern District of Texas. D784

VerDate Mar 15 2010 05:01 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY0.REC D14JYPT1 tjames on DSKG8SOYB1PROD with DIGEST July 14, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D785 Michael H. Simon, of Oregon, to be United States District Judge for the District of Oregon. Committee Meetings Conrad Ernest Candelaria, of New Mexico, to be (Committees not listed did not meet) United States Marshal for the District of New Mex- ico for the term of four years. APPROPRIATIONS: MILITARY James Edward Clark, of Kentucky, to be United CONSTRUCTION AND VETERANS AFFAIRS, States Marshal for the Western District of Kentucky AND RELATED AGENCIES for the term of four years. Joseph Anthony Papili, of Delaware, to be United Committee on Appropriations: Subcommittee on Mili- States Marshal for the District of Delaware for the tary Construction and Veterans Affairs, and Related term of four years. Agencies approved for full committee consideration an original bill making appropriations for Military James Alfred Thompson, of Utah, to be United Construction and Veterans Affairs, and Related States Marshal for the District of Utah for the term Agencies for fiscal year 2011. of four years. Mark F. Green, of Oklahoma, to be United States NEW START TREATY Attorney for the Eastern District of Oklahoma for the term of four years. Committee on Armed Services: Committee received a Joseph H. Hogsett, of Indiana, to be United closed briefing on the National Intelligence Estimate States Attorney for the Southern District of Indiana on the verifiability of the New START from Andrew M. Gibb, National Intelligence Officer for Weapons for the term of four years. of Mass Destruction, National Intelligence Council; 4 Marine Corps nominations in the rank of gen- Robert Walpole, Principal Deputy Director, Na- eral. tional Counter Proliferation Center; and Richard Routine lists in the Army and Navy. Weiss, Chief, and Richard Trout, Deputy, both of Pages S5867–68 the Threat Reduction and Monitoring Group, and Nomination Withdrawn: Senate received notifica- DNI Treaty Monitoring Manager in the CIA/Direc- tion of withdrawal of the following nomination: torate of Intelligence’s Weapons Intelligence, Non- Sue E. Myerscough, of Illinois, to be United States proliferation, and Arms Control Center. District Judge for the Central District of Illinois, which was sent to the Senate on June 17, 2010. ASIAN CARP Page S5868 Committee on Energy and Natural Resources: Sub- Messages from the House: Pages S5847–48 committee on Water and Power concluded an oversight hearing to examine the Federal response to the Measures Referred: Page S5848 discovery of the aquatic invasive species Asian carp Measures Placed on the Calendar: in Lake Calumet, Illinois, after receiving testimony Pages S5797, S5848 from Nancy H. Sutley, Chair, Council of Environ- mental Quality; Leon Carl, Midwest Area Regional Measures Read the First Time: Pages S5848, S5867 Executive, U.S. Geological Survey, Department of Executive Communications: Pages S5848–49 the Interior; John Rogner, Illinois Department of Additional Cosponsors: Pages S5850–51 Natural Resources, Springfield; and Tim Eder, Great Lakes Commission, Ann Arbor, Michigan. Statements on Introduced Bills/Resolutions: Pages S5851–59 INDIVIDUAL TAX RATES Additional Statements: Pages S5845–47 Committee on Finance: Committee concluded a hearing Amendments Submitted: Pages S5859–66 to examine the future of individual tax rates, focus- Authorities for Committees to Meet: Page S5866 ing on effects on economic growth and distribution, after receiving testimony from Carol Markman, Feld- Privileges of the Floor: Pages S5866–67 man, Meinberg and Co. LLP, Syosset, New York, on Adjournment: Senate convened at 10 a.m. and ad- behalf of the National Conference of CPA Practi- journed at 8:01 p.m., until 9:30 a.m. on Thursday, tioners; David Marzahl, Center for Economic July 15, 2010. (For Senate’s program, see the re- Progress, Chicago, Illinois; Donald B. Marron, marks of the Acting Majority Leader in today’s Urban-Brookings Tax Policy Center, and Douglas Record on page S5867.) Holtz-Eakin, American Action Forum, both of Washington, D.C.; and Leonard E. Burman, Syracuse University Maxwell School, Syracuse, New York.

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MARINE CONSERVATION AND EXPORTS resentative for Afghanistan and Pakistan, Depart- Committee on Finance: Subcommittee on International ment of State. Trade, Customs, and Global Competitiveness concluded a hearing to examine marine wealth, focusing JUSTICE AGAINST SPONSORS OF on promoting conservation and advancing American TERRORISM ACT exports, after receiving testimony from Eric C. Committee on the Judiciary: Subcommittee on Crime Schwaab, Assistant Administrator for Fisheries, and and Drugs concluded a hearing to examine S. 2930, Director, National Marine Fisheries Service, National to deter terrorism, provide justice for victims, after Oceanic and Atmospheric Administration, Depart- receiving testimony from Abraham D. Sofaer, Stan- ment of Commerce; Mark Linscott, Assistant United ford University Hoover Institution, Stanford, Cali- States Trade Representative for Environment and fornia; Richard Klingler, Sidley Austin LLP, and Natural Resources, Office of the United States Trade John B. Bellinger III, Arnold & Porter LLP, both of Representative; Ted Danson, Oceana, Los Angeles, Washington, D.C.; and Evan F. Kohlmann, California; David Schorr, World Wildlife Fund, Flashpoint Global Partners, and Lee S. Wolosky, Washington, D.C.; Rod Moore, West Coast Seafood Boies, Schiller & Flexner LLP, both of New York, Processors Association, Portland, Oregon; and Tom New York. Bastoni, American Seafoods Group, LLC, New Bed- ford, Massachusetts. VETERANS BENEFIT CLAIM PROCESS NEW START TREATY Committee on Veterans’ Affairs: Committee concluded a Committee on Foreign Relations: Committee concluded hearing to examine veterans’ claims processing, fo- a closed hearing to examine Treaty between the cusing on if current efforts are working, after receiv- United States of America and the Russian Federation ing testimony from Michael Walcoff, Acting Under on Measures for the Further Reduction and Limita- Secretary for Benefits, Diana M. Rubens, Associate tion of Strategic Offensive Arms, signed in Prague Deputy Under Secretary for Field Operations, Peter on April 8, 2010, with Protocol (Treaty Doc. L. Levin, Chief Technology Officer, and Joseph 111–05), after receiving testimony from officials of Thompson, former Under Secretary for Benefits, all the intelligence community. of the Veterans Benefits Administration, Department of Veterans Affairs; Linda Jan Avant, American Fed- AFGHANISTAN eration of Government Employees, Little Rock, Ar- Committee on Foreign Relations: Committee concluded kansas; Richard Paul Cohen, National Organization a hearing to examine Afghanistan, focusing on gov- of Veterans’ Advocates, Inc., and Joseph A. Violante, ernance and civilian strategy, after receiving testi- Disabled American Veterans, on behalf of the Inde- mony from Richard C. Holbrooke, Special Rep- pendent Budget, both of Washington, D.C. h House of Representatives H. Res. 1517, providing for consideration of the Chamber Action bill (H.R. 5114) to extend the authorization for the Public Bills and Resolutions Introduced: 11 pub- national flood insurance program and to identify pri- lic bills, H.R. 5730–5740; and 4 resolutions, H. orities essential to reform and ongoing stable func- Res. 1515–1516, 1518–1519 were introduced. tioning of the program (H. Rept. 111–537). Pages H5616–17 Page H5616 Additional Cosponsors: Pages H5617–18 Speaker: Read a letter from the Speaker wherein she Reports Filed: Reports were filed today as follows: appointed Representative Pastor to act as Speaker H.R. 5381, to require motor vehicle safety stand- pro tempore for today. Page H5549 ards relating to vehicle electronics and to reauthorize Suspensions: The House agreed to suspend the rules and provide greater transparency, accountability, and and pass the following measures: safety authority to the National Highway Traffic Improper Payments Elimination and Recovery Safety Administration, with an amendment (H. Act of 2010: S. 1508, to amend the Improper Pay- Rept. 111–536) and ments Information Act of 2002 (31 U.S.C. 3321

VerDate Mar 15 2010 05:01 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY0.REC D14JYPT1 tjames on DSKG8SOYB1PROD with DIGEST July 14, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D787 note) in order to prevent the loss of billions in tax- weeks, by a yea-and-nay vote of 290 yeas to 131 payer dollars, by a 2⁄3 yea-and-nay vote of 414 yeas nays, Roll No. 441. Pages H5567–90 with none voting ‘‘nay’’, Roll No. 442; Agreed to the Issa motion to recommit the bill to Pages H5553–58, H5590 the Committee on Oversight and Government Re- David John Donafee Post Office Building Des- form with instructions to report the same back to ignation Act: H.R. 5390, to designate the facility of the House forthwith with an amendment, by a yea- the United States Postal Service located at 13301 and-nay vote of 303 yeas to 119 nays, Roll No. 440. Smith Road in Cleveland, Ohio, as the ‘‘David John Subsequently, Representative Lynch reported the bill back to the House with the amendment and the Donafee Post Office Building’’; Pages H5558–60 amendment was agreed to. Pages H5586–89 Clarence D. Lumpkin Post Office Designation Pursuant to the rule, the amendment in the na- Act: Concurred in the Senate amendments to H.R. ture of a substitute recommended by the Committee 4840, to designate the facility of the United States on Oversight and Government Reform now printed Postal Service located at 1981 Cleveland Avenue in in the bill, modified by the amendment printed in Columbus, Ohio, as the ‘‘Clarence D. Lumpkin Post H. Rept. 111–535, shall be considered as adopted. Office’’; Pages H5560–61 Page H5577 Tom Bradley Post Office Building Designation Agreed to amend the title so as to read: ‘‘To re- Act: H.R. 5450, to designate the facility of the quire the head of each executive agency to establish United States Postal Service located at 3894 and implement a policy under which employees shall Crenshaw Boulevard in Los Angeles, California, as be authorized to telework, and for other purposes.’’. the ‘‘Tom Bradley Post Office Building’’; Page H5590 Pages H5561–63 H. Res. 1509, the rule providing for consideration of the bill, was agreed to by a recorded vote of 238 Veterans’, Seniors’, and Children’s Health Tech- ayes to 180 noes, Roll No. 438, after the previous nical Corrections Act of 2010: H.R. 5712, to pro- question was ordered by a yea-and-nay vote of 232 vide for certain clarifications and extensions under yeas to 184 nays, Roll No. 437. Pages H5575–76 Medicare, Medicaid, and the Children’s Health In- Pursuant to the rule, H. Res. 1496 is laid on the surance Program; and Pages H5563–65 table. Approving the renewal of import restrictions Senate Message: Message received from the Senate contained in the Burmese Freedom and Democracy today appears on page H5560. Act of 2003: H.J. Res. 83, to approve the renewal of import restrictions contained in the Burmese Free- Quorum Calls—Votes: Five yea-and-nay votes and dom and Democracy Act of 2003. Pages H5565–67 one recorded vote developed during the proceedings Agreed to amend the title so as to read: ‘‘Approv- of today and appear on pages H5575–76, H5576, ing the renewal of import restrictions contained in H5576–77, H5588, H5589–90, H5590. There were the Burmese Freedom and Democracy Act of 2003, no quorum calls. and for other purposes.’’. Page H5567 Adjournment: The House met at 10 a.m. and ad- Suspension—Proceedings Resumed: The House journed at 7:40 p.m. agreed to suspend the rules and pass the following measure which was debated on Tuesday, July 13th: Committee Meetings Amending the Hydrographic Services Improve- RURAL ENERGY SAVINGS PROGRAM ACT ment Act of 1998: H.R. 2864, amended, to amend the Hydrographic Services Improvement Act of 1998 Committee on Agriculture: Ordered reported, as amend- to authorize funds to acquire hydrographic data and ed, H.R. 4785, Rural Energy Savings Program Act. provide hydrographic services specific to the Arctic MILITARY CONSTRUCTION, VETERANS for safe navigation, delineating the United States ex- AFFAIRS, AND RELATED AGENCIES tended continental shelf, and the monitoring and de- APPROPRIATIONS 2 scription of coastal changes, by a ⁄3 yea-and-nay Committee on Appropriations: Subcommittee on Mili- vote of 420 yeas with none voting ‘‘nay’’, Roll No. tary Construction, Veterans Affairs, and Related 439. Pages H5576–77 Agencies approved for full Committee action the FY Telework Improvements Act of 2010: The House 2011 Military Construction, VA Appropriations bill. passed H.R. 1722, to improve teleworking in executive agencies by developing a telework program that MARITIME ADMINISTRATION OVERSIGHT allows employees to telework at least 20 percent of Committee on Armed Services: Subcommittee on the hours worked in every 2 administrative work- Seapower and Expeditionary Forces held an oversight

VerDate Mar 15 2010 05:01 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY0.REC D14JYPT1 tjames on DSKG8SOYB1PROD with DIGEST D788 CONGRESSIONAL RECORD — DAILY DIGEST July 14, 2010 hearing on the activities of the Maritime Adminis- Smithsonian Institution to plan, design, and con- tration. Testimony was heard from David Matsuda, struct a facility and to enter into agreements relating Administrator, Maritime Administration, Depart- to education programs at the National Zoological ment of Transportation. Park facility in Front Royal, Virginia. RECOVERY ACT UPDATE The Committee also approved the following Com- mittee resolutions: to adopt voucher documentation Committee on the Budget: Held a hearing on the Amer- standards; and pertaining to online advertising. ican Recovery and Reinvestment Act of 2009: An Update. Testimony was heard from Tom Vilsack, ETHICAL IMPERATIVE FOR IMMIGRATION Secretary of Agriculture; Matt Rogers, Senior Advi- REFORM sor to the Secretary of Energy; and public witnesses. Committee on the Judiciary: Subcommittee on Immi- gration, Citizenship, Refugees, Border Security, and IMPROVING NUTRITION FOR AMERICA’S International Law held a hearing on the Ethical Im- CHILDREN ACT perative for Reform of our Immigration System. Tes- Committee on Education and Labor: Began markup of timony was heard from public witnesses. H.R. 5504, Improving Nutrition for America’s Chil- CONSOLIDATED LAND, ENERGY, AND dren Act. AQUATIC RESOURCES ACT Will continue tomorrow. Committee on Natural Resources: Began markup of H.R. NATIONAL MANUFACTURING STRATEGY 3534, Consolidated Land, Energy, and Aquatic Re- ACT sources Act of 2009. Committee on Energy and Commerce: Subcommittee on Will continue tomorrow. Commerce, Trade, and Consumer Protection held a hearing on H.R. 4692, National Manufacturing Strategy Act FLOOD INSURANCE REFORM PRIORITIES of 2010. Testimony was heard from Aneesh Chopra, As- ACT sociate Director, Technology and Chief Technology Offi- Committee on Rules: Granted, by a non-record vote, a cer, Office of Science and Technology Policy; and public witnesses. structured rule providing consideration of H.R. 5114, the ‘‘Flood Insurance Reform Priorities Act of ANTIBIOTICS IN ANIMAL AGRICULTURE 2010.’’ The rule provides one hour of general debate Committee on Energy and Commerce: Subcommittee on equally divided and controlled by the chair and Health held a hearing entitled ‘‘Antibiotic Resist- ranking minority member of the Committee on Fi- ance and the Use of Antibiotics in Animal Agri- nancial Services. The rule waives all points of order culture.’’ Testimony was heard from the following against consideration of the bill except those arising officials of the Department of Health and Human under clause 9 or 10 of rule XXI. The rule provides Services: Joshua Sharfstein, M.D., Principal Deputy that the amendment in the nature of a substitute Commissioner, FDA; and RADM Ali S. Khan, recommended by the Committee on Financial Serv- M.D., Assistant Surgeon General, Acting Deputy ices shall be considered as an original bill for the Director, National Center for Emerging and purpose of amendment and shall be considered as Zoonotic Infectious Disease, Centers for Disease Con- read. The rule waives all points of order against the trol and Prevention; John Clifford, Deputy Adminis- amendment in the nature of a substitute except trator, Veterinary Services, Animal and Plant Health those arising under clause 10 of rule XXI. Inspection Service, USDA; and public witnesses. The rule makes in order only those amendments printed in the report of the Committee on Rules. MISCELLANEOUS MEASURES; COMMITTEE The amendments made in order may be offered only RESOLUTIONS in the order printed in the report, may be offered Committee on House Administration: Ordered reported only by a Member designated in the report, shall be the following measures: H.R. 5493, To provide for considered as read, shall be debatable for the time the furnishing of statues by the District of Columbia specified in this report equally divided and con- for display in Statuary Hall in the United States trolled by the proponent and an opponent, shall not Capitol; H.R. 5711, To provide for the furnishing of be subject to amendment, and shall not be subject statues by the territories of the United States for dis- to a demand for division of the question. The rule play in Statuary Hall in the United States Capitol; waives all points of order against the amendments H.R. 5681, To improve certain administrative oper- made in order except those arising under clause 9 or ations of the Library of Congress; H.R. 5682, To 10 of rule XXI. The rule provides one motion to re- improve the operation of certain facilities and pro- commit with or without instructions. The rule programs of the House of Representatives; and H.R. vides that the Chair may entertain a motion that the 5717, To authorize the Board of Regents of the Committee rise only if offered by the chair of the

VerDate Mar 15 2010 05:01 Jul 15, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14JY0.REC D14JYPT1 tjames on DSKG8SOYB1PROD with DIGEST July 14, 2010 CONGRESSIONAL RECORD — DAILY DIGEST D789 Committee on Financial Services or a designee. Fi- ceiving testimony from Christina D. Romer, Chair, nally, the rule provides that the Chair may not en- Council of Economic Advisors, Washington, D.C. tertain a motion to strike out the enacting words of TRAFFICKING IN PERSONS REPORT the bill. Testimony was heard from Representatives Waters, Taylor, Lee of California, Capito, Rohr- Commission on Security and Cooperation in Europe. Com- abacher, Miller of Michigan, and Scalise. mission concluded a hearing to examine the future outlook for the annual Trafficking in Persons (TIP) OIL POLLUTION; GAS-OIL DRILLING Report prepared by the United States Department of MEASURES State and help facilitate greater use of the report as Committee on Science and Technology: Ordered reported, a valuable tool of diplomacy, after receiving testi- as amended, the following bills: H.R. 2693, Federal mony from Luis CdeBaca, Ambassador-at-Large, Of- Oil Spill Research Program Act; and H.R. 5716, fice to Monitor and Combat Trafficking in Persons, Safer Oil and Natural Gas Drilling Technology Re- Department of State; Maria Grazia Giammarinaro, search and Development Act. Organization for Security and Cooperation in Europe Special Representative and Coordinator for Com- BONUS DEPRECIATION TAX INCENTIVES bating Trafficking in Human Beings, Vienna, Aus- Committee on Small Business: Held a hearing entitled tria; and Jolene Smith, Free the Slaves, and Jeffrey ‘‘Bonus Depreciation: What It Means for Small Busi- Blom, International Justice Mission, both of Wash- ness.’’ ington, D.C. AIRLINE FEES f Committee on Transportation and Infrastructure: Sub- NEW PUBLIC LAWS committee on Aviation held a hearing on Airline (For last listing of Public Laws, see DAILY DIGEST, p. D772) Fees. Testimony was heard from Gerald Dillingham, S. 3104, to permanently authorize Radio Free Director, Civil Aviation Issues, GAO; Robert S. Asia. Signed on July 13th, 2010. (Public Law Rivkin, General Counsel, Department of Transpor- 111–202) tation; and public witnesses. f VA SUICIDE PREVENTION OUTREACH COMMITTEE MEETINGS FOR THURSDAY, EFFORTS JULY 15, 2010 Committee on Veterans’ Affairs: Subcommittee on Over- (Committee meetings are open unless otherwise indicated) sight and Investigations held a hearing on Exam- ining the Progress of Suicide Prevention Outreach Senate Efforts at the U.S. Department of Veterans Affairs. Committee on Appropriations: Subcommittee on Com- Testimony was heard from COL Robert W. Saum, merce, Justice, Science, and Related Agencies, to hold USA, Director, Defense Centers of Excellence for hearings to examine the use of dispersants in response to Psychological Health and Traumatic Brain Injury, the Deepwater Horizon oil spill, 10 a.m., SD–192. Department of Defense; Robert L. Jesse, M.D., Prin- Full Committee, business meeting to mark up pro- cipal Deputy Under Secretary, Health, Veterans posed budget estimates for fiscal year 2011 for Military Health Administration, Department of Veterans Af- Construction and Veterans Affairs, Department of Home- fairs; representatives of veterans organizations; and land Security, Department of Agriculture, Rural Develop- public witnesses. ment, Food and Drug Administration, and Related Agen- cies, 2:30 p.m., SD–106. REINSURANCE Committee on Armed Services: to hold hearings to examine sustaining nuclear weapons under the New START; to be Committee on Ways and Means: Subcommittee on Se- immediately followed by a closed hearing in SVC–217, lect Revenue Measures held a hearing on the tax- 9:30 a.m., SD–106. ation of reinsurance between affiliated entities. Testi- Committee on Banking, Housing, and Urban Affairs: to mony was heard from Stephen E. Shay, Deputy As- hold hearings to examine the nominations of Janet L. sistant Secretary, International Tax Affairs, Depart- Yellen, of California, to be Vice Chairman of the Board ment of the Treasury; and public witnesses. of Governors of the Federal Reserve System, Peter A. Dia- mond, of Massachusetts, Sarah Bloom Raskin, of Mary- land, all to be a Member of the Board of Governors of Joint Meetings the Federal Reserve System, Osvaldo Luis Grataco´s ECONOMIC OUTLOOK Munet, of Puerto Rico, to be Inspector General, Export- Import Bank, and Steve A. Linick, of Virginia, to be In- Joint Economic Committee: Committee concluded a spector General of the Federal Housing Finance Agency, hearing to examine the economic outlook, after re- 9 a.m., SD–538.

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Committee on the Budget: to hold hearings with the Task Committee on Energy and Commerce, to mark up the fol- Force on Government Performance to examine responsible lowing measures: H.R. 5626, Blowout Prevention Act of contracting, focusing on modernizing the business of gov- 2010; H.R. 2480, Truth in Fur Labeling Act of 2010; ernment, 10 a.m., SD–608. H.R. 4501, Guarantee of a Legitimate Deal Act of 2010, Committee on Commerce, Science, and Transportation: busi- amended; H.R. 1796, Carbon Monoxide Poisoning Pre- ness meeting to consider S. 3304, to increase the access vention Act, amended; and H. Res. 1466, Of inquiry re- of persons with disabilities to modern communications, questing the President and directing the Secretary of En- an original bill entitled the NASA Authorization Act of ergy to provide certain documents to the House of Rep- 2011, an original bill entitled Maritime Administration resentatives relating to the Department of Energy’s appli- Act of Fiscal Year 2011, and a promotion list in the cation to foreclose use of Yucca Mountain as a high level United States Coast Guard, 10 a.m., SR–253. nuclear waste repository, 9:30 a.m., 2123 Rayburn. Subcommittee on Consumer Protection, Product Safety, Committee on Foreign Affairs, Subcommittee on Asia, the and Insurance, to hold hearings to examine protecting Pacific, and the Global Environment, hearing on Agent youths in an online world, 2 p.m., SR–253. Orange in Vietnam: Recent Developments in Remedi- Committee on Finance: to hold hearings to examine ation, 2 p.m., 2172 Rayburn. choosing to work during retirement and the impact on Committee on Homeland Security, Subcommittee on Bor- Social Security, 10 a.m., SD–215. der, Maritime and Global Counterterrrorism, hearing en- Committee on Foreign Relations: to continue hearings to titled ‘‘The Role of Unmanned Aerial Systems in Border examine Treaty between the United States of America Security,’’ 10 a.m., 311 Cannon. and the Russian Federation on Measures for the Further Committee on the Judiciary, Subcommittee on Commer- Reduction and Limitation of Strategic Offensive Arms, cial and Administrative Law, hearing on H.R. 901, Med- signed in Prague on April 8, 2010, with Protocol (Treaty ical Bankruptcy Fairness Act, 11 a.m., 2141 Rayburn. Doc.111–05), focusing on maintaining a safe, secure and Committee on Natural Resources, to continue markup of effective nuclear arsenal, 2:30 p.m., SD–419. H.R. 3534, Consolidated Land, Energy, and Aquatic Re- Committee on Homeland Security and Governmental Affairs: sources Act of 2009, 9:15 a.m., 1324 Longworth. Subcommittee on Federal Financial Management, Govern- Subcommittee on Insular Affairs, Oceans and Wildlife, ment Information, Federal Services, and International Se- curity, to hold hearings to examine preventing and recov- hearing on Technical Assistance Program: Evaluating its ering Medicare payment errors, 10 a.m., SD–342. Ability to Meet the Needs of the Insular Areas, 2 p.m., Subcommittee on Oversight of Government Manage- 1324 Longworth. ment, the Federal Workforce, and the District of Colum- Subcommittee on National Parks, Forests and Public bia, to hold hearings to examine the Federal government’s Lands, oversight hearing entitled ‘‘Locally Grown: Cre- role in empowering Americans to make informed finan- ating Rural Jobs with America’s Public Lands,’’ 10:30 cial decisions, 2:30 p.m., SD–342. a.m., 1324 Longworth. Committee on the Judiciary: to hold hearings to examine Subcommittee on Water and Power, oversight hearing the nominations of Mary Helen Murguia, of Arizona, to entitled ‘‘The Bureau of Reclamation and the American be United States Circuit Judge for the Ninth Circuit, Ed- Recovery and Reinvestment Act: A Progress Report and mond E-Min Chang, to be United States District Judge Planning for the Future,’’ 10:30 a.m., 1334 Longworth. for the Northern District of Illinois, Leslie E. Kobayashi, Committee on Oversight and Government Reform, to mark to be United States District Judge for the District of Ha- up the following measures: H. Con. Res. 226, Supporting waii, Denise Jefferson Casper, to be United States District the observance of ‘‘Spirit of ‘45 Day;’’ H.J. Res. 90, Ex- Judge for the District of Massachusetts, and Carlton W. pressing support for designation of September 2010 as Reeves, to be United States District Judge for the South- ‘‘Gospel Music Heritage Month’’ and honoring gospel ern District of Mississippi, 4 p.m., SD–226. music for its valuable and longstanding contributions to the culture of the United States; H.R. 771, Supporting House the goals and ideals of a National Mesothelioma Aware- Committee on Appropriations, Subcommittee on Energy ness Day; H. Res. 1475, Congratulates the town of and Water Development, and Related Agencies, to mark Tarboro, North Carolina, on the occasion of its 250th an- up the FY 2011 Energy and Water Appropriations bill, niversary; and H. Res. 1513, Congratulating the Saratoga 2 p.m., 2362–B Rayburn. Race Course as it celebrates its 142nd season, 10 a.m., Subcommittee on Labor, Health and Human Services, 2154 Rayburn. Education, and Related Agencies, to mark up the FY Committee on Science and Technology, Subcommittee on 2011 Labor, HHS, Education Appropriations bill, 4 p.m., Technology and Innovation, hearing on Planning for the 2358–B Rayburn. Future of Cyber Attack Attribution, 10 a.m., 2318 Ray- Subcommittee on State, Foreign Operations, and Re- burn. lated Programs, oversight hearing on U.S. Civilian Assist- Committee on Small Business, Subcommittee on Con- ance for Afghanistan, 10 a.m., 2359 Rayburn. tracting and Technology, hearing entitled ‘‘Improving Committee on Education and Labor, to continue markup Contracting Opportunities and Preventing Fraud for Serv- of H.R. 5504, Improving Nutrition for America’s Chil- ice-Disabled Veteran-Owned Small Businesses,’’ 10 a.m., dren Act, 10 a.m., 2175 Rayburn. 2360 Rayburn.

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Committee on Transportation and Infrastructure, Sub- H.R. 4664, To amend the Servicemembers Civil Relief committee on Railroads, Pipelines, and Hazardous Mate- Act to provide for a one-year moratorium on the sale or rials, hearing on the Safety of Hazardous Liquid Pipelines foreclosure of property owned by surviving spouses of (Part 2): Integrity Management, 10 a.m., 2167 Rayburn. servicemembers killed in Operation Iraqi Freedom or Op- Subcommittee on Water Resources and Environment, eration Enduring Freedom; H.R. 4765, To amend title hearing on Putting American Back to Work Through 38, United States Code, to authorize individuals who are Clean Water Infrastructure Investment, 2 p.m., 2167 pursuing programs of rehabilitation, education, or train- Rayburn. ing under laws administered by the Secretary of Veterans Committee on Veterans’ Affairs, Subcommittee on Eco- Affairs to receive work-study allowances for certain out- nomic Opportunity, to mark up the following bills: H.R. reach services provided through congressional offices; 929, To amend title 38, United States Code, to require H.R. 5360, Blinded Veterans Adaptive Housing Im- the Secretary of Veterans Affairs to carry out a program of training to provide eligible veterans with skills rel- provement Act of 2010; and H.R. 5484, VetStar Veteran- evant to the job market; H.R. 3685, To require the Sec- Friendly Business Act of 2010, 1 p.m., 334 Cannon. retary of Veterans Affairs to include on the main page of Committee on Ways and Means, Subcommittee on Social the Internet website of the Department of Veterans Af- Security, hearing on the continued importance of Social fairs a hyperlink to the VetSuccess Internet website and Security for seniors, survivors, and persons with disabil- to publicize such Internet website; H.R. 4359, WARM- ities and their families as the program approaches its ER Act; H.R. 4469, To amend the Servicemembers Civil 75th anniversary, 9:30 a.m., B–318 Rayburn. Relief Act to provide for protection of child custody ar- Permanent Select Committee on Intelligence, executive, brief- rangements for parents who are members of the Armed ing on the Russian illegal agents exchange, 9 a.m., 304 Forces deployed in support of a contingency operation; HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, July 15 10 a.m., Thursday, July 15

Senate Chamber House Chamber Program for Thursday: Senate will resume consideration Program for Thursday: Consideration of H.R. 5114— of the conference report to accompany H.R. 4173, Wall Flood Insurance Reform Priorities Act of 2010 (Subject Street Reform and Consumer Protection Act, and after a to a Rule). period of debate, vote on the motion to invoke cloture on the conference report at approximately 11 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Graves, Sam, Mo., E1311 Moore, Dennis, Kans., E1315 Hare, Phil, Ill., E1313 Moore, Gwen, Wisc., E1319 Ackerman, Gary L., N.Y., E1311 Heinrich, Martin, N.M., E1312 Neugebauer, Randy, Tex., E1322 Akin, W. Todd, Mo., E1314, E1320, E1323 Hinchey, Maurice D., N.Y., E1311 Perriello, Thomas S.P., Va., E1323 Blackburn, Marsha, Tenn., E1320 Hinojosa, Rube´n, Tex., E1322 Putnam, Adam H., Fla., E1321 Boozman, John, Ark., E1315 Hunter, Duncan, Calif., E1315 Carnahan, Russ, Mo., E1316, E1318 Issa, Darrell E., Calif., E1314, E1315, E1316 Rahall, Nick J., II, W.Va., E1321, E1322 Castor, Kathy, Fla., E1321, E1323 Kucinich, Dennis J., Ohio, E1312, E1313 Rogers, Mike, Ala., E1314 Coffman, Mike, Colo., E1322 Lee, Barbara, Calif., E1317 Sarbanes, John P., Md., E1318 Davis, Danny K., Ill., E1312 Lipinski, Daniel, Ill., E1319 Schrader, Kurt, Ore., E1313 Diaz-Balart, Lincoln, Fla., E1324 Loebsack, David, Iowa, E1320 Scott, Robert C. ‘‘Bobby’’, Va., E1324 Driehaus, Steve, Ohio, E1322 McCotter, Thaddeus G., Mich., E1317 Smith, Lamar, Tex., E1319, E1320, E1323 Ehlers, Vernon J., Mich., E1316 Markey, Betsy, Colo., E1313 Terry, Lee, Nebr., E1314 Etheridge, Bob, N.C., E1321, E1322 Meek, Kendrick B., Fla., E1318 Wolf, Frank R., Va., E1320 Foster, Bill, Ill., E1312 Miller, Candice S., Mich., E1317 Woolsey, Lynn C., Calif., E1317 Gonzalez, Charles A., Tex., E1317 Miller, Jeff, Fla., E1313

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