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

Vol. 155 WASHINGTON, WEDNESDAY, SEPTEMBER 9, 2009 No. 126 House of Representatives The House met at 10 a.m. and was name of our Lord and Savior Jesus Rock Springs Congregational Meth- called to order by the Speaker pro tem- Christ. Until You come, we pray. odist Church has thrived during Dr. pore (Mr. HOLDEN). Amen. Tate’s tenure. The church has grown f f from 35 members when he took the helm 20 years ago to more than 4,600 DESIGNATION OF THE SPEAKER THE JOURNAL worshippers today. PRO TEMPORE The SPEAKER pro tempore. The The church has put those resources The Speaker pro tempore laid before Chair has examined the Journal of the into the service of God’s people and the the House the following communica- last day’s proceedings and announces church’s community. Every day, Rock tion from the Speaker: to the House his approval thereof. Springs teaches the next generation to Pursuant to clause 1, rule I, the Jour- live by biblical principles at Rock WASHINGTON, DC, Springs Christian Academy. Dr. Tate’s September 9, 2009. nal stands approved. church also conducts a prison ministry I hereby appoint the Honorable TIM f HOLDEN to act as Speaker pro tempore on and a nursing home ministry, and it this day. PLEDGE OF ALLEGIANCE sponsors a medical clinic for the unin- , The SPEAKER pro tempore. Will the sured. Georgia’s Third District is privi- Speaker of the House of Representatives. leged to have wise and selfless religious gentleman from Texas (Mr. SAM JOHN- leaders such as Dr. Tate. It’s a great f SON) come forward and lead the House honor to have him with us here today. PRAYER in the Pledge of Allegiance. Mr. SAM JOHNSON of Texas led the f Dr. Benny Tate, Rock Springs Pledge of Allegiance as follows: ANNOUNCEMENT BY THE SPEAKER Church, Milner, Georgia, offered the I pledge allegiance to the Flag of the PRO TEMPORE following prayer: United States of America, and to the Repub- Our heavenly Father, as we bow our The SPEAKER pro tempore. The lic for which it stands, one nation under God, Chair will entertain up to 15 further re- heads in Your presence, today we are indivisible, with liberty and justice for all. quests for 1-minute speeches on each reminded of the prayer of President f side of the aisle. Lincoln, who said, ‘‘I have been driven many times upon my knees by the HONORING THE REVEREND DR. f overwhelming conviction that I had no- BENNY TATE HEALTH CARE REFORM WILL where to go. My own wisdom, and that The SPEAKER pro tempore. Without HELP SMALL BUSINESSES of all about me, seemed insufficient for objection, the gentleman from Georgia (Ms. KILROY asked and was given that day.’’ This morning, we also come (Mr. WESTMORELAND) is recognized for 1 permission to address the House for 1 to You, realizing we are insufficient minute. minute.) and incapable. We come asking for di- There was no objection. Ms. KILROY. Mr. Speaker, for the vine protection for our men and women Mr. WESTMORELAND. Mr. Speaker, last couple of years I have been talking serving bravely in Iraq and Afghani- I rise today to pay tribute to our guest to small businesses in my district, and stan and all over Your world. We ac- chaplain for the day here in the House, one of the things that I consistently knowledge that freedom is not free and the Reverend Dr. Benny Tate. Dr. Tate hear from them that they ask for help the trees of every generation are wa- has served the members of Rock with is the issue of the cost of health tered with the blood of its sons and Springs Congregational Methodist care for small business. Small business daughters. We ask You to preserve and Church in Milner, Georgia, for 20 years, is telling me they can’t afford to buy protect us. You said righteousness ex- and I’m honored to count him as a health care or they are precluded from alted the Nation but sin is a reproach friend. buying it because one of the members to any people. May we seek righteous- Dr. Tate is a leader among God’s fol- in their small group has a pre-existing ness and lives that please You. lowers. He’s well known in Georgia for condition, and insurance companies We lift up our Congress, Senate, and delivering powerful, informative, and don’t even sell to them. I’m here to tell President. May our leaders acknowl- even life-changing messages from the them that we are listening to them and edge their dependence upon You and pulpit of his church and from behind that, if health care reform passes this seek wisdom and direction from You. the microphone of his radio show, Ap- House and is signed into law, it can re- We pray this prayer, respecting all ples of Gold, which is broadcast state- form dramatically the small business faiths, but we pray this prayer in the wide on 15 stations. health care costs.

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

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VerDate Nov 24 2008 23:40 Sep 09, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.000 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9346 CONGRESSIONAL RECORD — HOUSE September 9, 2009 It can help small businesses by pro- ondary teachers, and over 38,000 His- need to continue this great debate, viding an exchange that they can ac- panic lawyers. even a spirited debate that we have to cess which will provide a bigger pool And lastly, let us not forget that find commonsense solutions for the and shared risk and lower health care there are over 1.1 million Hispanic vet- American people. That’s what they ex- costs for them. And many small busi- erans of the United States Armed pect, and that’s what they deserve. nesses would qualify for substantial Forces. f tax credits to help small businesses f UTOPIAN ILLUSION: GOVERNMENT make worker health care costs more THERE ARE MANY SOLUTIONS TO RUN HEALTH CARE affordable. HEALTH CARE REFORM This bill will not cost small business (Mr. POE of Texas asked and was jobs. In fact, it will help save jobs, giv- (Mr. WILSON of South Carolina given permission to address the House ing them more opportunities to spend asked and was given permission to ad- for 1 minute.) their money to help add to their jobs dress the House for 1 minute and to re- Mr. POE of Texas. Mr. Speaker, my rather than paying extremely high vise and extend his remarks.) grandmother used to say ‘‘If you have health care costs. Mr. WILSON of South Carolina. Mr. your health, you have everything.’’ f Speaker, the President continues to Health is a personal and private matter try to sell the false myth that the with people. Individuals want to con- HEALTH CARE SOLUTIONS health care debate is only between the trol who their doctor is. Now we are (Mr. SAM JOHNSON of Texas asked Democrat bill or the status quo. This is embarked upon a new philosophy re- and was given permission to address completely inaccurate. garding health care. the House for 1 minute and to revise Republicans have offered different so- The government thinks it knows bet- and extend his remarks.) lutions and legislation to fix what is ter how to take care of Americans than Mr. SAM JOHNSON of Texas. Mr. wrong with our health insurance sys- individuals do. Kind of like the sar- Speaker, you know, rather than com- tem. Unfortunately, Democrats are un- castic statement, ‘‘We’re from the gov- plaining about the thousand-page, $1 willing to acknowledge that there may ernment, we’re here to help you.’’ trillion health care bill that rations be other proposals, reforms that do not More government intrusion into per- care and increases costs, in my district add billions to the national debt, cost sonal lives alarms and scares people, I hosted a forum on health care solu- millions of jobs or expand the size and especially seniors. They are afraid that tions. powers of the Federal Government. Re- additional government control of A panel of experts shared some publicans believe we can make health health care will take their personal Texas-sized solutions they have used to insurance more affordable by giving choices away and give decisions and fix what is broken in our health care Americans more of their own tax dol- power to unelected, unaccountable 23- system. lars to purchase insurance, shop for year-old bureaucrats in Washington, These folks didn’t rely on govern- plans across State lines, and associa- D.C. Frankly, many of my neighbors in ment bureaucrats to solve their prob- tion health plans for small businesses. Texas don’t have the confidence that lems. They didn’t wait for a Wash- The debate should be built on the big government can provide better ington bailout. They forged ahead with honest exchange over what proposals quality of health for this Nation. innovative programs that improved the are best to expand health insurance People are also worried about the bil- quality of life for Texans—ideas that coverage, not on the false effort that lions of dollars to pay for this utopian both Democrats and Republicans can we enact a big government takeover or illusion: money that will have to be agree on. do nothing. borrowed, then paid back in more My constituents have told me loud In conclusion, God bless our troops, taxes. The people I represent think this and clear: one, they don’t want govern- and we will never forget September the new plan will make matters worse. ment-controlled health care; two, the 11th in the Global War on Terrorism. Sort of like what my grandmother also President and Democrats in Congress f said, ‘‘If you think the problems gov- need to start over and listen to Amer- ernment creates are bad, just wait HEALTH CARE ica. Go for real bipartisan solutions. until you see government solutions.’’ f (Mr. CARNAHAN asked and was And that’s just the way it is. given permission to address the House f HISPANIC HERITAGE MONTH for 1 minute and to revise and extend (Ms. LORETTA SANCHEZ of Cali- his remarks.) HEALTH CARE fornia asked and was given permission Mr. CARNAHAN. This was an impor- (Mr. PASCRELL asked and was given to address the House for 1 minute and tant August for America and for Mem- permission to address the House for 1 to revise and extend her remarks.) bers of this House. Back in Missouri, I minute.) Ms. LORETTA SANCHEZ of Cali- had a number and variety of health Mr. PASCRELL. I have a quote from fornia. Mr. Speaker, I rise today in care forums, from traditional town- Republican Chief Justice Earl Warren, honor of Hispanic Heritage Month, halls to telephone townhalls, to no longer with us. He said, Many peo- which begins on September 15 and runs roundtables of health care experts to ple consider the things which govern- through October 15. During this time kitchen table conversations with con- ment does for them to be social we will celebrate the culture of people stituents. What we know is that the progress, but they consider the things who trace our roots to Spain, Mexico, current system is broken, government does for others as social- Central America, South America, and unsustainable, and unaffordable. ism. He said it. It is a message to ev- the Caribbean, and their contributions So the number one contributor to our erybody in this House. The to American life. deficit, to personal bankruptcies and fearmongering that’s gone on in the The achievements of the Hispanic costs of those who have insurance has last 2 months does not bring us any community in America have positively doubled in 10 years. We also know we closer to resolution. affected so many aspects of our soci- consider the source of the opponents Look, private insurance companies ety. For example, there are now over peddling this information in this de- are for-profit businesses. I can’t blame 1.6 million Hispanic-owned businesses bate, the political gamers who just them, you can’t blame them for being in America. Of these businesses, over want to bring the President down, the in the business of denying access to 29,000 generate over $1 million worth of profiteers who are making massive needed care, avoiding and dumping the revenues every year. profits over the broken system. sick, and confusing consumers. They Hispanics in America are also suc- We need to have important insurance are, after all, driven by profits, not pa- ceeding in a wide variety of chal- reforms to reduce costs through com- tients. lenging fields. There are currently over petition, and this needs to be deficit I aim in my business, what I have to 79,000 Hispanic executives, almost neutral. do here in the House is look out for my 51,000 Hispanic physicians and sur- As Congress reconvenes and we pre- constituents, for the hard-working geons, almost 49,000 Hispanic post-sec- pare to hear the President tonight, we families in New Jersey that are being

VerDate Nov 24 2008 23:40 Sep 09, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.002 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9347 tossed aside so that insurance compa- raising premiums $1,800 per year and prove the quality of care and eliminate nies can maximize their profits. I sup- cutting back on coverage. billions in waste. port America’s Affordable Health I urge the insurance industry to em- Closing the doughnut hole is espe- Choice Act because it creates a ration- brace health care reform, please. cially important for Hawaii’s seniors. al marketplace where Americans can f We have the highest percentage; 36 per- find transparent information about cent compared to 26 percent nationally CONFIRMING CZARS their insurance options, guaranteeing of our beneficiaries fall into this coverage that won’t discriminate based (Mr. PITTS asked and was given per- doughnut hole. on health, gender, or job, and meaning- mission to address the House for 1 Our current health care system, the ful coverage that won’t leave families minute and to revise and extend his re- costliest in the world for what we get, laden with debt. marks.) with ever increasing costs year after Mr. PITTS. Mr. Speaker, last Friday year, can’t be sustained. I urge my col- f the so-called ‘‘green jobs czar’’ resigned leagues to support reform now. THE PRESIDENT’S RHETORIC from his post after it was revealed that f SHOULDN’T BE TAKEN LITERALLY he supported 9/11 Truth organization UNACCOUNTABLE POLICY CZARS statements insinuating that the gov- (Mr. SMITH of Texas asked and was (Mr. STEARNS asked and was given given permission to address the House ernment permitted the attacks to hap- pen. permission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend his re- his remarks.) This official was just one of the many czars the administration has appointed marks.) Mr. SMITH of Texas. Mr. Speaker, in Mr. STEARNS. Mr. Speaker, the re- a speech before the American Medical this year. There’s a car czar, a pay czar, a science czar, a Great Lakes cent controversy and resignation by Association, the President made a one of President Obama’s policy czars promise to the American people which czar, plus 30 other czars. Typically, high-ranking officials go highlights a very real problem: the he has often repeated: If you like your President’s use of unaccountable policy doctor, you will be able to keep your through a Senate confirmation process to ensure their fitness for the position, czars to circumvent the Constitution. doctor. If you like your health care Now, by one count, the White House plan, you will be able to keep your but none of President Obama’s czars went through this process required by has 32 policy czars, including a science health care plan. No one will take it czar, a regulatory czar, and even a away, no matter what end. the Constitution. The Constitution calls for the Senate Great Lakes czar. However, when asked about this, These czars are tasked with leading to give for the ap- White House officials told the Associ- major policy efforts for the administra- pointment of its principal officers, a ated Press, The President’s rhetoric tion and have simply been granted a fitting definition for the power wielded shouldn’t be taken literally. great deal of authority. Yet each czar, by these czars. So when it comes to serious concerns unlike a Cabinet secretary, is not sub- It is not too late for the President to that most Americans have about ject to . properly vet his next green jobs czar health care proposals, White House of- Members of the Cabinet have to be and to willingly submit all of these ficials admit you can’t believe what approved by Congress, and they report high officials to a transparent process the President says. That’s astounding. to Congress. Policy czars have no such that can only strengthen his adminis- If we can’t take the President literally obligation. So what we have now is a tration. on his promises to the American peo- situation where major policy decisions When he was Senator, Obama said, ple, why aren’t the national media all are being made by a group of people ‘‘The biggest problems that we’re fac- over this? The American people need who are not approved by Congress, not ing right now have to do with George the facts about health care reform, not subjected to congressional oversight, Bush trying to bring more and more political cover for the President. and operate without any transparency power into the executive branch and or accountability. This is not what our f not go through Congress at all. And Constitution intended. b 1015 that’s what I intend to reverse when I’m President of the United States.’’ f HEALTH CARE REFORM Mr. Obama, it’s time to keep your OUR AILING HEALTH CARE (Mr. BUTTERFIELD asked and was word. SYSTEM given permission to address the House f (Mr. PERLMUTTER asked and was for 1 minute.) given permission to address the House Mr. BUTTERFIELD. Mr. Speaker, HEALTH CARE REFORM: DISPELLING MYTHS FOR SENIORS for 1 minute.) during the August recess, not only did Mr. PERLMUTTER. Mr. Speaker, we I conduct townhall meetings, but I (Ms. HIRONO asked and was given have a health care system that is ail- toured medical facilities throughout permission to address the House for 1 ing and is almost on life support. It my district. One of those visits has minute.) needs a major operation, and it needs it been etched vividly in my mind. Ms. HIRONO. The most damaging as- in three ways. In Elizabeth City, North Carolina, I pect of the misinformation circulating First, we have to stop discriminating met Derrick Williams at DaVita Dialy- about health care insurance reform is against people with prior illnesses. It’s sis Center. He tearfully explained to the use of scare tactics targeted at our wrong and probably unconstitutional me that he had received a kidney seniors. The cynical irony is that the under the 14th Amendment. transplant from his sister. The kidney misinformation targeting seniors is Second, small businesses and individ- worked well, but he was required to largely perpetuated by the very people uals can’t get health care insurance be- take a variety of antirejection medi- who fought the establishment of Medi- cause they are too small or they’re by cines. He liked his insurance. care and wanted to privatize Social Se- themselves and have no pool. We need His insurance company started reim- curity. to make insurance and health care fi- bursing for the medicines, and he was Here are the facts about some com- nancing available to small businesses very happy. But after just 2 years, the mon myths: and to individuals. insurance company refused further re- Myth No. 1, there will be rationing of Third, we are on the cusp of some imbursement. Unable to afford the health care. Not true. The bill pro- tremendous breakthroughs in medicine medicines, the kidney failed, he’s back motes effective treatments through re- and in health care which will help us on dialysis, his sister is without a kid- search. with heart disease, diabetes and can- ney, and Derrick is awaiting another Myth No. 2, Medicare will be elimi- cer, but in general, wellness across the kidney. What a tragedy. nated. Not true. In fact, reform will board, which will save this country a Health insurers should work with us lower prescription drug costs for people lot of money. and their policyholders. Instead, they in the doughnut hole, allow them to We have the most expensive health continue to rake in huge profits by keep the doctors of their choice, im- care system in the world. We deserve

VerDate Nov 24 2008 03:18 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.005 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9348 CONGRESSIONAL RECORD — HOUSE September 9, 2009 the best health care system and financ- backed by corporate special interests, the health care delivery system in this ing, and that is the operation we are health insurance companies, and drug country, and the American people will undertaking here in the Congress. companies to stand in the way of benefit from it. f meaningful reform. And we can’t just f tinker around the edges of reform ei- WHERE IS THE ACCOUNTABILITY PASSING ALONG CONCERNS OF ther without bringing down costs and OF CONGRESS? HEALTH CARE REFORM FROM providing accountability. (Mr. FLEMING asked and was given I join my colleagues in Congress in ARKANSAS’ THIRD DISTRICT permission to address the House for 1 support of a robust public health insur- RESIDENTS minute.) ance option that relies on Medicare (Mr. BOOZMAN asked and was given Mr. FLEMING. Mr. Speaker, before providers as an essential mechanism to permission to address the House for 1 the August recess, I introduced a reso- encourage real competition, lower minute and to revise and extend his re- lution to hold Members accountable for costs for all Americans and keep insur- marks.) their health care reform decisions. ance and drug companies honest. Mr. BOOZMAN. Mr. Speaker, during House Resolution 615 simply states f the August work period, I heard from that if Members of Congress vote for thousands of Arkansans about health the government takeover of health HEALTH CARE REFORM care reform. I promised my constitu- care, they agree to give up their pri- (Ms. FOXX asked and was given per- ents that I would bring their stories vate insurance paid for by the tax- mission to address the House for 1 and thoughts back to Washington so we payers and enroll in the government- minute.) can enact commonsense health reforms run plan. So far, 78 Republican Mem- Ms. FOXX. Mr. Speaker, tonight and have wide support throughout the bers have joined as cosponsors but not President Obama will address a joint country. one Democrat. session of Congress to make yet an- While residents of the Third District Over 750,000 Americans from every other appeal for his health care plan. are supportive of reform to cut the cost State have contacted my office in sup- According to an analysis by CBS of health care and make it more afford- port of this resolution. They are de- News, the President has already deliv- able and accessible to all Americans, manding that if government-run health ered 27 speeches on the issue of health there is a consensus that the reforms care is good enough for Americans care. Tonight will mark speech number currently under consideration by Con- young and old, then it should certainly 28. Yet with each passing day, as the gress aren’t what they want. The over- be good enough for the Members of American public digs deeper into the whelming majority of citizens I heard Congress and their families. details of the plan, they learn that the from don’t want the government to fed- How dare Congress force government- President’s rhetoric doesn’t always fit eralize their health care. run health care down the throats of our with reality. We can create a better plan for fellow Americans and not be willing to Pushing for a government takeover health care reform that includes fixing choose it for themselves. of health care with new spin will not the fraud in the Medicare and Medicaid Mr. Speaker, you have heard people change the minds of the American peo- systems, implementing tort reform and speak out on this. Isn’t it time for ple who strongly and correctly oppose allowing Americans to own their own every Member of this body to stand up a government-run insurance plan. health insurance like they own their and be accountable to the people they Tonight the President should reset own car insurance. represent by taking a dose of their on his health care plan and begin work- Congress needs to listen to what the same medicine they prescribe to their ing with Republicans on bipartisan re- American public is saying. Do not sup- constituents? form that addresses the concerns of port federalizing health care. Don’t de- To my fellow Congressmen, won’t Americans and that the American peo- stroy the good things of the American you now join me in cosponsoring House ple can support. health system while trying to fix the Resolution 615 and prove that personal f bad. accountability finally does exist in HEALTH CARE REFORM f Washington? HEALTH CARE REFORM f (Mr. YARMUTH asked and was given permission to address the House for 1 (Mr. COHEN asked and was given per- HEALTH CARE REFORM minute.) mission to address the House for 1 (Ms. EDWARDS of Maryland asked Mr. YARMUTH. Mr. Speaker, minute.) and was given permission to address Maureen Dowd had it right in her col- Mr. COHEN. Mr. Speaker, I, like the House for 1 minute and to revise umn today when she said there’s a lot other Members of Congress, went home and extend her remarks.) of confusion and skepticism out in the and had a townhall meeting on health Ms. EDWARDS of Maryland. Mr. American public about the health care care and met with many doctors. What Speaker, throughout the August re- plan. There isn’t, however, a lot of op- I found is that the American public cess, like my colleagues, I met with position. What I’ve found is that once knows that the system is broken and thousands of my constituents in Mary- you spend time with the American peo- that we need to change. The difficulty land’s Fourth Congressional District. I ple explaining things like the public I have got in my district is I’m for a heard the stories of so many who go to option, they become very supportive, public option. But I’m not drawing a work every day but who also go with- as national polls now show. And why line in the sand to say I won’t vote for out health insurance or with inad- shouldn’t they? There are lots of exam- a bill that improves the health care equate insurance to meet their family’s ples of public and private competition system, that takes care of the problem needs. in this country. concerning preexisting conditions, that I heard from seniors whose out-of- We spend billions of dollars as a soci- gives more wellness and preventative pocket costs are soaring, families with ety on bottled water every day when programs and that sees that we have insurance but who have been broken there is a public option, a much less ex- more family doctors and health cen- and bankrupt because of a tragic ill- pensive public option, turning on the ters. ness, parents concerned about their faucet. Millions of Americans every For that, the liberals in my district, newly adult children who are no longer day face the choice, they can drive and I’m a liberal, are upset with me be- eligible for health benefits, and small their car to work or they can take the cause I haven’t said I won’t vote for a businesses that want to provide health public option, a bus or a metro line. bill that doesn’t have a public option. insurance but can’t because of the We understand in this country that On the other hand, there are people staggering costs. sometimes competition and choice that are against health care at all, and It’s time for us to stop talking and to make a difference for the American if I vote for anything, they will be start acting to provide quality, afford- people. When we adopt the public op- upset. able, and accessible health care for all. tion as part of our health care reform Tonight the President of the United We can’t allow the loudest voices package, we will make a difference in States will address the Nation. I plan

VerDate Nov 24 2008 23:40 Sep 09, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.008 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9349 to listen, and I plan to support the of Energy national laboratories in New telephone town halls, and I visited President of the United States in pro- Mexico, with Sandia and Los Alamos, community health clinics. I shared my viding health care and making the New Mexico is a hub of scientific dis- views on reform; I dispelled many of greatest reforms in welfare moves for covery and innovative technology. the myths that were circulating by the people of our Nation and improve- We are also investing in clean energy those who want to protect the status ment in health care since 1965 when job training and education programs. quo; and I heard from people who can- Medicaid and Medicare were passed. In my district, the North American not afford health care or found out Those were great days for America. Wind Research and Training Center at that they don’t have the coverage for f Mesalands Community College has es- the medical treatment that they need. tablished curriculum and provided job It is clear that we can no longer af- HONORING NEW JERSEY SUPERIOR training opportunities to create a ford business as usual. The worst we COURT JUDGE MARILYN RHYNE strong labor force to support a robust can do is do nothing. The current HERR renewable energy economy. health care system obviously isn’t (Mr. LANCE asked and was given per- Still, we have a lot of work to do, and working, so it’s time to enact real mission to address the House for 1 we must continue to invest in renew- health care reform, health care reform minute.) able energy research and development. that provides people with choice, low- Mr. LANCE. Mr. Speaker, I rise to Investment in science and technology ers the cost of care, expands access, recognize former New Jersey Superior will be the key to our clean energy fu- and provides Nevadans and all Ameri- Court Judge Marilyn Rhyne Herr for ture, and I urge my colleagues to sup- cans with peace of mind should they or her 15 years of outstanding service to port this legislation. their families become ill. our State. I was honored to be part of f f the celebration recently honoring THE PRESIDENT’S JOINT SESSION THE AMERICAN PEOPLE HAVE Judge Herr as her portrait was un- ADDRESS SPOKEN; IS WASHINGTON LIS- veiled for permanent display in the TENING? Hunterdon County, New Jersey, court- (Mrs. BIGGERT asked and was given house. permission to address the House for 1 (Mr. PENCE asked and was given per- Judge Herr was sworn in to the New minute and to revise and extend her re- mission to address the House for 1 Jersey Superior Court in 1989, becom- marks.) minute and to revise and extend his re- ing the second woman resident of Mrs. BIGGERT. Mr. Speaker, tonight marks.) Hunterdon County to be named a Supe- when the President addresses the joint Mr. PENCE. After a tumultuous rior Court judge and the first assigned session of Congress, I hope that he will month of townhall meetings across the to the bench in our home County. She turn a new page in the health care de- Nation, the American people have spo- was for many years in the family divi- bate, setting aside demands for a gov- ken, and House Republicans are on the sion, a court Judge Herr called the ernment-run, taxpayer-funded health side of the American people. most important court there is. care system and instead he will express As the President comes into this well More than a jurist, Judge Herr served support for real reforms that will re- of Congress tonight to deliver a speech for many years as a Girl Scout leader duce costs and increase access to qual- on health care reform, one thing is and two terms as president of the Roll- ity health care for everyone regardless clear: the American people don’t want ing Hills Girl Scout Council. She is a of preexisting conditions. just another speech on health care; patron of the arts, an avid reader of I hope to hear that the President fi- they want another health care plan. historical biographies, a former pilot, nally will fix the medical malpractice What I heard back home is that the world traveler, and competitive tennis crisis that continues to drive costs up folks want us to take action here in player. and drives doctors out of Illinois and Washington that will lower the cost of Like my wife and me, she is a resi- other States. I hope the President will health insurance and lower the cost of dent of Clinton Township, Hunterdon finally commit to our small businesses health care in the long term, but the County, New Jersey, and my wife and I by allowing them to band together in American people don’t want us to are proud to call Marilyn Rhyne Herr an association health plan so that they launch a new government-run insur- our friend and neighbor. can provide affordable health care to ance plan that will lead to a govern- Congratulations, Judge Herr, and their employees. And, finally, I hope ment takeover of health care paid for thank you for your service to New Jer- that the President will join Members with $800 billion in higher taxes. sey. on both sides of the aisle to end waste, As the President knows, House Re- fraud and abuse plaguing Medicare and publicans have a broad range of legisla- f robbing seniors of much-needed health tive ideas, and we hope to hear and re- b 1030 benefits. flect on some of them tonight. Why not It is my hope that after tonight’s ad- let Americans purchase health insur- THE WIND ENERGY RESEARCH dress the President and congressional ance the way Members of Congress can AND DEVELOPMENT ACT OF 2009 Democrats will focus on bipartisan, across State lines? Why not bring (Mr. LUJA´ N asked and was given per- commonsense reforms that will actu- about reasonable restrictions and lim- mission to address the House for 1 ally increase health care affordability its on medical malpractice claims to minute and to revise and extend his re- and accessibility for all. end the era of defensive medicine? marks.) f House Republicans will welcome the Mr. LUJA´ N. Mr. Speaker, I want to President of the United States respect- IT’S TIME TO ENACT REAL take a moment to commend my col- fully to the well of Congress tonight, HEALTH CARE REFORM league, Representative PAUL TONKO, and we stand ready to work with the for his work on the Wind Energy Re- (Ms. TITUS asked and was given per- Democratic majority to solve our search and Development Act of 2009, a mission to address the House for 1 health care challenges. bill that I proudly cosponsored and minute and to revise and extend her re- The American people have spoken. supported during the committee mark- marks.) Tonight we’ll see if Washington is lis- up process. Ms. TITUS. As Congress returns to tening. Much of our clean energy future de- Washington to focus on the Nation’s f pends on our ability to harness and use business, we bring back the many sto- the renewable power of wind. New Mex- ries we heard while we were home in HEALTH CARE REFORM ico is well positioned to be a leader in our districts. (Ms. SPEIER asked and was given renewable energy development, and I spent much of August traveling permission to address the House for 1 wind and solar energy have the poten- around my district in southern Nevada minute and to revise and extend her re- tial to power an entire country. talking to folks about health care. I marks.) New Mexico’s wind energy resources held roundtables, I convened a Con- Ms. SPEIER. Mr. Speaker, ever since are vast. And as home to Department gress on the Corner, I participated in President Truman proposed a system

VerDate Nov 24 2008 23:40 Sep 09, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.010 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9350 CONGRESSIONAL RECORD — HOUSE September 9, 2009 to keep Americans from going bank- Mr. PAYNE. Mr. Speaker, we have Mr. PENCE (during the reading). Mr. rupt due to medical bills, the for-profit nothing but myths and scare tactics to Speaker, I ask unanimous consent that insurance industry has painted any ef- our seniors about health care. the resolution be considered as read. fort at reform as un-American. I want What is one of the myths? Under the The SPEAKER pro tempore. Is there to talk today about health and wealth. health care reform, a government objection to the request of the gen- Unlike then, there is now broad con- panel, a bureau, will tell you when you tleman from Indiana? sensus that our system is can die. Nothing can be further from There was no objection. unsustainable. Premiums are rising at the truth. It will be up to your doctor The resolution was agreed to. three times the rate of inflation, 4,000 and your family. It simply provides re- A motion to reconsider was laid on Americans are losing their coverage imbursement for Medicare for doing the table. every day, and more and more are un- this. f able to get insurance simply because Another myth: health care reform MESSAGE FROM THE SENATE they have preexisting conditions. Still, will lead to rationed care. No such those who profit most by the status thing. We have it now. As a matter of A message from the Senate by Ms. quo, the for-profit insurers, continue to fact, nothing will stand between you Curtis, one of its clerks, announced lie to the American people while they and your doctor to make the best deci- that the Senate agreed to the following take home between $70,000 a day and sion. Reform actually takes insurance resolution: $300,000 a day. company bureaucrats out of this deci- S. RES. 255 Let me be clear: no one in Congress is sion and let’s you make it. In the Senate of the United States, Sep- trying to nationalize medical care. On What about the myth about health tember 8, 2009. the contrary, providing Americans a care reform is a government takeover? Whereas the Honorable Edward Moore Ken- basic low-cost public option simply ex- Just another lie. Under the bill, there nedy was elected to the Senate in 1962 and pands access so that consumers can is no government takeover of health served the people of Massachusetts in the with devotion and dis- visit the doctors of their choice. care. Every American will still be able tinction for nearly 47 years, the third longest It’s time we start caring less about to choose their doctor and their health term of service in Senate history; making private insurance companies insurance plan and make decisions that Whereas the Honorable Edward Moore Ken- and their CEOs wealthy and get back they want. nedy became the youngest Majority Whip in to making Americans healthy. The fourth out of these five myths: Senate history at the age of 36; f health care will reform and end Medi- Whereas the Honorable Edward Moore Ken- care. Untrue. As a matter of fact, it nedy served as Chairman of the Senate Judi- WAKE UP AMERICA: THIS IS THE will strengthen Medicare and it will ciary Committee from 1979–1981 and as Chair- TIME FOR HEALTH CARE REFORM man of the Senate Health, Education, Labor lower prescription drug benefits—take (Mr. OLVER asked and was given and Pensions Committee for nearly 13 years that doughnut out of Medicare. between 1987–2009; permission to address the House for 1 And, finally: We can’t afford to fix Whereas the Honorable Edward Moore Ken- minute.) health care during an economic down- nedy made the needs of working families and Mr. OLVER. Mr. Speaker, there are turn. We can’t afford not to fix it. the less fortunate among us the work of his those in America who claim that we life, particularly those of the poor, the can’t fix our broken health care system f disenfranchised, the disabled, the young, the during an economic crisis. The truth is COMMUNICATION FROM THE HON- old, the working class, the service member that we can’t afford not to fix it. ORABLE JEAN SCHMIDT, MEM- and the immigrant; Health care premiums have risen Wheras his efforts on behalf of the citizens BER OF CONGRESS of Massachusetts and all Americans earned every year for more than a decade, at The SPEAKER pro tempore laid be- him the esteem and high regard of his col- least three times as fast as family in- fore the House the following commu- leagues; comes have risen. If we doing nothing, Whereas more than 300 laws bear his name nication from the Honorable JEAN those rising health insurance pre- and he co-sponsored more than 2,000 others SCHMIDT, : miums will eat up an ever larger slice covering civil rights, health care, the min- of family incomes. Businesses that pro- HOUSE OF REPRESENTATIVES imum wage, education, human rights and Washington, DC, August 11, 2009. vide health insurance as a benefit for many other issues; and Hon. NANCY PELOSI, workers and their families will be ever Whereas with his death his State and the Speaker, House of Representatives, Nation have lost an outstanding lawmaker more competitively disadvantaged. Washington, DC. and public servant: Now, therefore, be it That is a loss of jobs that America can- DEAR MADAM SPEAKER: This is to notify Resolved, That the Senate has received not afford to lose. you formally, pursuant to Rule VIII of the with profound sorrow and deep regret the an- Others in America claim that reform Rules of the House of Representatives, that I nouncement of the passing of the honorable will mean a government takeover of have been served with a subpoena for docu- Edward Moore Kennedy, the great Senator health care decisions. The opposite is ments issued by the Ohio Elections Commis- from the Commonwealth of Massachusetts. sion. Resolved, That the Secretary of the Senate true. Every American will be able to After consultation with counsel, I will choose their insurance plan and their communicate these resolutions to the House make the determinations required by Rule of Representatives and transmit an enrolled doctor, but dropping a person’s cov- VIII. copy thereof to the Kennedy family. erage because of a preexisting condi- Sincerely, Resolved, That when the Senate adjourns tion will be prohibited from all insur- JEAN SCHMIDT, today, it stand adjourned as a further mark ance plans. Member of Congress. of respect to the memory of the deceased Reform will ensure that the doctor f Senator. and the family make the critical deci- The message also announced that the sions on needed care. Now the insur- ELECTING A MINORITY MEMBER Senate has agreed to without amend- ance company executives make those TO A STANDING COMMITTEE ment a of the decisions, and they only care about Mr. PENCE. Mr. Speaker, by direc- House of the following title: their profits. tion of the House Republican Con- H. Con. Res. 179. Concurrent resolution Wake up, America; this is the time ference, I send to the desk a privileged providing for a joint session of Congress to for health care reform. resolution and ask for its immediate receive a message from the President. f consideration. f The Clerk read the resolution, as fol- HEALTH INSURANCE REFORM ANNOUNCEMENT BY THE SPEAKER lows: DAILY MYTH BUSTER: IMPACT PRO TEMPORE H. RES. 723 ON SENIORS The SPEAKER pro tempore. Pursu- Resolved, That the following member be, (Mr. PAYNE asked and was given and is hereby, elected to the following stand- ant to clause 8 of rule XX, the Chair permission to address the House for 1 ing committee: will postpone further proceedings minute and to revise and extend his re- COMMITTEE ON OVERSIGHT AND GOVERNMENT today on motions to suspend the rules marks.) REFORM—Mr. Luetkemeyer. on which a recorded vote or the yeas

VerDate Nov 24 2008 03:18 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.012 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9351 and nays are ordered, or on which the SEC. 3. WIND ENERGY DEMONSTRATION PRO- will establish a far more comprehen- vote incurs objection under clause 6 of GRAM. sive research, development and dem- (a) IN GENERAL.—The Secretary of Energy onstration program for wind tech- rule XX. shall conduct a wind energy demonstration pro- Record votes on postponed questions gram. In carrying out this section, the Secretary nologies at the Department of Energy will be taken later. shall ensure that— than currently exists. It is based on f (1) the program is of sufficient size and geo- several recent assessments of the chal- graphic diversity to measure wind energy system lenges that need to be overcome for WIND ENERGY RESEARCH AND performance under the full productive range of wind power to reach its full potential DEVELOPMENT ACT OF 2009 wind conditions in the United States; in the United States and has been fully Mr. TONKO. Mr. Speaker, I move to (2) demonstration projects carried out under endorsed by the American Wind Energy suspend the rules and pass the bill this program are— (A) conducted in collaboration with industry Association. (H.R. 3165) to provide for a program of and, as appropriate, with academic institutions; If enacted, H.R. 3165 would become wind energy research, development, and the first law to set an authorization and demonstration, and for other pur- (B) located in various geographic areas rep- level for wind research and develop- poses, as amended. resenting various wind class regimes; and ment since DOE’s immediate prede- The Clerk read the title of the bill. (3) data collected from demonstration projects cessor, the Energy Research and Devel- The text of the bill is as follows: carried out under this program is useful for car- opment Administration, was estab- rying out section 2(b). H.R. 3165 lished in 1975. As we continue to de- (b) COST-SHARING.—The Secretary shall carry velop a national energy strategy, this Be it enacted by the Senate and House of Rep- out the program under this section in compli- resentatives of the United States of America in ance with section 988(a) through (d) and section will provide crucial guidance for the Congress assembled, 989 of the Energy Policy Act of 2005 (42 U.S.C. Department in the years ahead. SECTION 1. SHORT TITLE. 16352(a) through (d) and 16353). I would like to thank my colleagues This Act may be cited as the ‘‘Wind Energy SEC. 4. EQUAL OPPORTUNITY. on the Science and Technology Com- Research and Development Act of 2009’’. In carrying out this Act, the Secretary of En- mittee on both sides of the aisle for SEC. 2. WIND ENERGY RESEARCH AND DEVELOP- ergy shall— working with me to make this bill as MENT PROGRAM. (1) coordinate with the Office of Minority strong as possible. In particular, I have (a) IN GENERAL.—The Secretary of Energy Economic Impact and with the Office of Small great thanks for our chairman of the shall carry out a program of research and devel- and Disadvantaged Business Utilization; and committee, who has made a stalwart opment to— (2) provide special consideration to applica- effort in advancing our legislation. (1) improve the energy efficiency, reliability, tions submitted by institutions, businesses, or In addition to the two Democratic and capacity of wind turbines; entities containing majority representation by (2) optimize the design and adaptability of individuals identified in section 33 or 34 of the amendments offered, we approved all wind energy systems to the broadest practical Science and Engineering Equal Opportunities five Republican amendments offered by range of atmospheric conditions; and Act (42 U.S.C. 1885a or 1885b). voice vote. Thus, the bill ensures geo- (3) reduce the cost of construction, generation, SEC. 5. COMPETITIVE AWARDS. graphic diversity, coordination across and maintenance of wind energy systems. Awards under section 2 and section 3 shall be the Federal Government, and a merit- (b) PROGRAM.—The program under this sec- made on a competitive basis with an emphasis reviewed award process, among other tion shall focus on research and development on technical merit. important provisions. of— SEC. 6. COORDINATION AND NONDUPLICATION. I ask my colleagues in the House to (1) new materials and designs to make larger, To the maximum extent practicable the Sec- support H.R. 3165, and look forward to lighter, less expensive, and more reliable rotor retary of Energy shall coordinate activities blades; working with our counterparts in the under this Act with other programs of the De- (2) technologies to improve gearbox perform- Senate to get this to the President’s partment of Energy and other Federal research ance and reliability; desk as soon as possible. programs. (3) automation, materials, and assembly of Mr. Speaker, I reserve the balance of large-scale components to reduce manufacturing SEC. 7. AUTHORIZATION OF APPROPRIATIONS. my time. costs; There are authorized to be appropriated to the Mr. HALL of Texas. Mr. Speaker, I (4) low-cost transportable towers greater than Secretary of Energy to carry out this Act yield myself such time as I may con- 100 meters in height to capitalize on improved $200,000,000 for each of the fiscal years 2010 through 2014. sume. wind conditions at higher elevations; I rise today in support of H.R. 3165, (5) advanced computational modeling tools to The SPEAKER pro tempore. Pursu- the Wind Energy Research and Devel- improve— ant to the rule, the gentleman from opment Act of 2009. (A) the reliability of aeroelastic simulations of New York (Mr. TONKO) and the gen- wind energy systems; Wind energy has been and continues tleman from Texas (Mr. HALL) each (B) understanding of the interaction between to be a very important part of the elec- each wind turbine component; will control 20 minutes. tricity-generating portfolio in this (C) siting of wind energy systems to maximize The Chair recognizes the gentleman country, and in particular in my State efficiency and minimize variable generation; from New York. of Texas, which I understand is the (D) integration of wind energy systems into GENERAL LEAVE largest producer of wind energy in our the existing electric grid to ensure reliability; Mr. TONKO. Mr. Speaker, I ask unan- country. However, the technology can and imous consent that all Members may be improved upon to make the wind (E) understanding of the wake effect between have 5 legislative days to revise and ex- upwind and downwind turbine operations; turbines, systems and farms more effi- (6) advanced control systems and blade sen- tend their remarks and to include ex- cient and more effective at producing sors to improve performance and reliability traneous material on H.R. 3165, the bill energy. under a wide variety of wind conditions; now under consideration. Renewable energy from wind cur- (7) advanced generators, including— The SPEAKER pro tempore. Is there rently makes up almost 2 percent of (A) medium-speed and low-speed generators; objection to the request of the gen- the energy generated in this country, (B) direct-drive technology; and tleman from New York? but industry experts believe that num- (C) the use of advanced magnets in generator There was no objection. ber can be as high as 20 percent. H.R. rotors; Mr. TONKO. Mr. Speaker, I yield my- (8) wind technology for offshore applications; 3165 can help this country reach that (9) methods to assess and mitigate the effects self such time as I may consume. goal. of wind energy systems on radar and electro- I am pleased that today we are con- The bill addresses the key research magnetic fields; sidering H.R. 3165, the Wind Energy Re- areas needed to expand our country’s (10) wind turbines with a maximum electric search and Development Act of 2009. production of wind energy, and I thank power production capacity of 100 kilowatts or The United States has enough wind Mr. TONKO for his work on this impor- less; energy resources to meet all of our tant renewable energy source and for (11) technical processes to enable— electricity needs several times over, working with both sides of the aisle to (A) scalability of transmission from remotely but experience over the last several located renewable resource rich areas; and move this bill unanimously out of the (B) optimization of advanced infrastructure years has shown that many significant Science Committee and before the design, including high voltage transmission; and technical issues remain before wind House today. (12) other research areas as determined by the can serve as a major provider of base- With that, I reserve the balance of Secretary. load electricity. This bipartisan bill my time.

VerDate Nov 24 2008 23:40 Sep 09, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.015 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9352 CONGRESSIONAL RECORD — HOUSE September 9, 2009 b 1045 ing industry, representing more than 5,000 I congratulate the American Council engineering firms that employ 500,000 profes- Mr. TONKO. Mr. Speaker, I reserve of Engineering Companies on its 100 sionals, engaged in a wide range of practices years of service and urge passage of the balance of my time. that propel our economy and ensure a high Mr. HALL of Texas. Mr. Speaker, I House Resolution 447. quality of life for all people in the United Mr. Speaker, I reserve the balance of yield 2 minutes to the gentleman from States; Whereas the ACEC represents engineers in my time. Nebraska (Mr. SMITH). Mr. HALL of Texas. Mr. Speaker, I Mr. SMITH of Nebraska. Mr. Speak- private practice, who design the infrastruc- ture, energy, and technological projects that yield myself such time as I may con- er, I rise today in support of H.R. 3165, sume. the Wind Energy Research and Devel- ensure our Nation enjoys the highest stand- ard of living in the world and continues to I rise today, of course, in support of opment Act of 2009. compete successfully in the 21st century House Resolution 447, recognizing the My home State of Nebraska is sixth economy; very remarkable contributions of the in the Nation in wind energy potential, Whereas the ACEC member firms have American Council of Engineering Com- yet lacks in transmission capacity and been responsible for many of the Nation’s panies for its 100 years of service to the development for additional generation. most significant achievements over the past engineering industry and to the Na- As this legislation made its way 100 years, including the roads, bridges, sub- tion. ACEC is a large federation of 51 through the Science and Technology ways, airports, buildings, industrial facili- State and regional councils rep- ties, and water systems that are the most ad- Committee, we adopted my amend- resenting the great breadth of Amer- ment, which will allow for research and vanced in the world; and Whereas the ACEC member firms have also ica’s engineering industry. This in- development into ways to efficiently been at the forefront of the environmental cludes one of the largest councils serv- and cost effectively create high-voltage movement, cleaning up hazardous waste ing 325 firms in my home State of transmission for renewable energy. sites and incorporating sustainable solutions Texas. America needs a comprehensive na- in infrastructure works: Now, therefore, be it ACEC represents more than 5,000 en- tional energy plan. An all-of-the-above Resolved, That the House of Representa- gineering firms that employ more than approach to our energy policy, one tives congratulates the American Council of 500,000 engineers, architects, land sur- Engineering Companies for its 100 years of veyors, scientists and other specialists which includes offshore oil and gas pro- service. duction, as well as the advancement of responsible for more than $100 billion The SPEAKER pro tempore. Pursu- technologies to develop alternative of private and public works annually. ant to the rule, the gentleman from sources of energy such as wind power, It’s an effective and growing advo- New York (Mr. TONKO) and the gen- needs to be on the table. cate for advancing the practice of con- tleman from Texas (Mr. HALL) each Mr. TONKO. Mr. Speaker, I reserve sulting engineering and the promotion will control 20 minutes. the balance of my time. of private enterprise, working to fur- The Chair recognizes the gentleman ther the business interests and oppor- Mr. HALL of Texas. Mr. Speaker, I from New York. yield back the balance of my time. tunities of the world’s most respected GENERAL LEAVE engineering companies, those that de- Mr. TONKO. Mr. Speaker, as we con- Mr. TONKO. Mr. Speaker, I ask unan- tinue to grow our dependency on wind sign and build the roads, the bridges, imous consent that all Members may the subways and the airports, indus- power to meet this Nation’s energy have 5 legislative days to revise and ex- needs, it is important, critically impor- trial facilities and water systems of tend their remarks and to include ex- America. These buildings and infra- tant that we move forward aggres- traneous material on House Resolution sively with all efforts towards energy structure have truly been the backbone 447, the resolution now under consider- of American commerce and industry efficiency. This measure will do that. I ation. strongly encourage our colleagues to during the last 100 years. The ACEC The SPEAKER pro tempore. Is there member companies that have helped to support H.R. 3165. objection to the request of the gen- Mr. Speaker, I yield back the balance construct them will no doubt be on the tleman from New York? front lines of the economic recovery of my time. There was no objection. that lies ahead of us. The SPEAKER pro tempore. The Mr. TONKO. Mr. Speaker, I yield my- I commend ACEC and its member question is on the motion offered by self as much time as I may consume. companies and employees for the im- I rise today in support of House Reso- the gentleman from New York (Mr. measurable service and contribution to lution 447, recognizing the remarkable TONKO) that the House suspend the the country. rules and pass the bill, as amended. contributions of the American Council I reserve the balance of my time. The question was taken; and (two- of Engineering Companies for its 100 Mr. TONKO. Mr. Speaker, I reserve thirds being in the affirmative) the years of service to the engineering in- the balance of my time. rules were suspended and the bill, as dustry and our Nation. I also want to Mr. HALL of Texas. Mr. Speaker, I amended, was passed. thank the gentleman from North Caro- yield 2 minutes to the gentleman from A motion to reconsider was laid on lina (Mr. SHULER) for introducing this Arkansas (Mr. BOOZMAN). the table. resolution. Mr. BOOZMAN. Mr. Speaker, I rise f The American Council of Engineering today in support of H. Res. 447, which Companies is the oldest and largest recognizes the significant contribu- RECOGNIZING CONTRIBUTIONS OF business association representing tions of the American Council of Engi- AMERICAN COUNCIL OF ENGI- America’s engineering industry. It rep- neering Companies during its 100 years NEERING COMPANIES resents more than 5,000 engineering of service. Mr. TONKO. Mr. Speaker, I move to firms that employ more than 500,000 The American Council of Engineering suspend the rules and agree to the reso- engineers, architects, land surveyors, Companies, or ACEC, represents more lution (H. Res. 447) recognizing the re- scientists and others. Its members en- than 5,000 engineering firms across the markable contributions of the Amer- gage in a wide range of engineering Nation who work to enhance and safe- ican Council of Engineering Companies work, including designing the infra- guard America’s quality of life. These for its 100 years of service to the engi- structure, energy and technological companies are involved in every aspect neering industry and the Nation. projects that contribute to our econ- of our economy, from highways and in- The Clerk read the title of the resolu- omy and our quality of life. frastructure to drinking water to new tion. The American Council of Engineering technologies. In 1909, a loosely orga- The text of the resolution is as fol- Companies traces its roots back to nized group of engineers in private lows: 1909, when a group of engineers in pri- practice established the American In- vate practice established the American H. RES. 447 stitute of Consulting Engineers, AICE, Institute of Consulting Engineers. the forerunner of ACEC. Whereas the American Council of Engi- neering Companies (ACEC) and its thousands Today, the American Council of Engi- Since then, the organization has of member firms are celebrating the Coun- neering Companies is a large federation grown to encompass member firms that cil’s 100th anniversary in 2009; of 51 State and regional councils rep- employ more than hundreds of thou- Whereas the ACEC is the oldest and largest resenting a large section of America’s sands of engineers, architects, land sur- business association of America’s engineer- engineering industry. veyors, scientists and other specialists

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.017 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9353 responsible for more than $200 billion There are lots of jokes about engi- engineers to accomplish their objec- of public and private works annually. neers and the pocket-protector crowd, tives and we, as a Congress, have a re- There are now 51 State and regional but I am deeply appreciative of how the sponsibility to make sure that we train ACEC counsels, including a chapter in American Council of Engineering Com- the people who will become the engi- my State of Arkansas. The 2008–2009 panies, and their thousands of engi- neers of the future. Arkansas chapter president, Jerry Mar- neers across the country, are playing a Mr. TONKO. Mr. Speaker, I reserve tin; vice president, Matt Crafton; treas- critical role in rebuilding and renewing the balance of my time. urer, Barry McCormick; and state di- America and making sure our commu- Mr. HALL of Texas. Mr. Speaker, I rector, Brent Massey, all are doing a nities are more liveable, our families yield back the balance of my time. tremendous job. I can attest firsthand are safer, healthier and more economi- Mr. TONKO. Mr. Speaker, as an engi- to the Arkansas chapter’s hard work cally secure. neer serving in the House, I want to and the tremendous job that they have I hope our Members not only cele- commend Representative SHULER for done in contributing to the State of brate this 100th anniversary, but his work on House Resolution 447, Arkansas. maybe use this as an opportunity to which recognizes the American Council Mr. Speaker, the American Council take the time to look at the resources of Engineering Companies for its 100 of Engineering Companies’ mission is that ACEC gives to us to help us do our years of service. Obviously the impact to contribute to America’s prosperity job better. made by engineers and related sci- and welfare. I believe they do just that, Mr. HALL of Texas. Mr. Speaker, I entists on our society is profound. and I commend the Council and their yield 3 minutes to the gentleman from We need them to continue through members for 100 years of outstanding Michigan, Dr. EHLERS. their professionalism to lead us along service to the United States and urge Mr. EHLERS. I thank you for recog- the ways of discovery of creating new adoption of H. Res. 447. nizing me, and I wish to join in the ac- concepts and certainly designs that Mr. TONKO. Mr. Speaker, I now yield colades. You just heard from the gen- will lift us as a society. This Nation re- 3 minutes to Representative EARL tleman from Oregon (Mr. BLUMENAUER) lies heavily on their professionalism BLUMENAUER of the State of Oregon. He about the pocket-protector crowd, and and their services, and they will be is an outspoken voice for energy and I am proud to say that I am a member those agents that transition this econ- environment matters and understands of the pocket-protector crowd, al- omy to an innovation economy. the role of engineers in that entire though I am not an engineer; I am a So I would ask that our colleagues process. physicist. But I rise to commend the strongly support House Resolution 447. Mr. BLUMENAUER. Thank you. I ap- engineers for the work that they do Mr. Speaker, I yield back my time. preciate the gentleman’s courtesy and and to recognize not just the compa- The SPEAKER pro tempore. The his leadership. nies—you have already heard all the question is on the motion offered by If you spend a little time around here companies lauded, and they do great the gentleman from New York (Mr. and work on a variety of issues, occa- and marvelous work—but the engineers TONKO) that the House suspend the sionally the various awards and hon- behind it are also essential. rules and agree to the resolution, H. orary memberships come your way. Whenever you step on an elevator, Res. 447. Well, I am pleased to be an honorary whenever you drive your car, whenever The question was taken. fellow of the American Society of Civil you go down a road or across a bridge, The SPEAKER pro tempore. In the Engineers. Nothing gives me more you are using engineering products. opinion of the Chair, two-thirds being pride. Throughout your entire life everything in the affirmative, the ayes have it. In the fight to rebuild and renew you touch, almost everything you do is Mr. TONKO. Mr. Speaker, on that I America, the American Council of En- related to engineers who designed and demand the yeas and nays. gineering Companies is in the fore- built the objects that you are using. The yeas and nays were ordered. front. ACEC provides, as referenced by We fail to recognize the importance The SPEAKER pro tempore. Pursu- my colleagues on the floor, the tech- of this. Other countries have not failed ant to clause 8 of rule XX and the nical know-how to plan, develop design to. India, for example, which has a Chair’s prior announcement, further projects and help manage them much bigger population than the U.S., proceedings on this motion will be through construction. These companies is now producing more engineers than postponed. are at the heart of the essential build- we do. ing blocks of the built environment, China, with a very large population, f the bridges, roads, water, sanitation, is producing considerably more engi- b 1100 transit, rail, buildings, environmental neers than we do. If we want to main- protection and cleanup. They are lead- tain our preeminent position as a Na- SUPPORTING THE GOALS AND ers in the policy areas as well. tion, we have to provide more emphasis IDEALS OF NATIONAL AERO- We have watched the engineering and more incentives to engineers, and SPACE DAY profession provide leadership and in- especially incentives to students to get Mr. TONKO. Mr. Speaker, I move to sight, counsel and advice in dealing into the engineering profession. suspend the rules and agree to the con- with the reauthorization of our trans- And that is why it is extremely im- current resolution (H. Con. Res. 167), portation bill, dealing with the recent portant that we improve our math and supporting the goals and ideals of Na- legislation we have offered for a water science curricula in the elementary tional Aerospace Day, and for other trust fund, and with the reinstitution and secondary schools, because it has purposes. of the Superfund, the accountability become true that if students don’t The Clerk read the title of the con- that the ASCE has provided with an in- study enough math or science in the el- current resolution. valuable report card on the State of ementary and secondary schools, they The text of the concurrent resolution American infrastructure. They have will not go into engineering when they is as follows: done the study on a repeated basis, get to the university because they sim- H. CON. RES. 167 most recently issuing a new report ply don’t have the right background. Whereas the missions to the Moon by the that showed that we are still rated So it is essential that we develop bet- National Aeronautics and Space Administra- about a ‘‘D’’ in all the different cat- ter programs and better-trained teach- tion are recognized around the globe as one egories. They do this on an ongoing ers for elementary and secondary of the most outstanding achievements of hu- basis to provide information that pol- school math and science courses, so mankind; icymakers, businesses, the media can that we can once again capture the Whereas the United States is a leader in rely upon. Nobody else does it as well lead in engineering and manufacturing the International Space Station, the first permanent human habitation and scientific and as systematically. that we have had for many years and laboratory in space; For years, Congress has ducked the which we are in danger of losing. Whereas the first aircraft flight occurred tough questions of accountability and So I urge that, as we celebrate what in the United States, and the United States finance. Here again, ACEC is in the this particular organization has done, operates the largest and safest aviation sys- forefront. we also recognize that they need good tem in the world;

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.020 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9354 CONGRESSIONAL RECORD — HOUSE September 9, 2009 Whereas the United States aerospace in- deserve our recognition, because they Before closing, it bears repeating dustry is a powerful, reliable source of em- are the ones that make the great that aerospace products and services ployment, innovation, and export income, di- achievements in flight and space explo- are one of the largest sources of export rectly employing 831,000 people in the United ration possible. income in our balance of trade. Not States and supporting more than 2,000,000 The aerospace industry directly em- jobs in related fields; only is aerospace a large source of do- Whereas space exploration is a source of ploys over 800,000 people in the United mestic sales to our airplanes and our inspiration that captures the interest of States with high-paying and high-tech government, it is also an extraor- young people; jobs. In addition, the industry supports dinarily large source of foreign income. Whereas aerospace education is an impor- more than 2 million jobs in related Mr. Speaker, H. Con. Res. 167 des- tant component of science, technology, engi- fields. The United States is the unques- ignates September 16th as National neering, and mathematics education and tioned leader in aerospace technology, Aerospace Day to highlight the indus- helps to develop the science and technology and it is a leadership position made try’s importance to our economy and workforce in the United States; possible only through the dedication of Whereas aerospace innovation has led to our way of life and to remind Ameri- the talented aerospace workforce. cans of the extraordinary achievements the development of advanced meteorological I want to thank Representative forecasting, which has saved lives around the it has fostered and continues to pro- world; EHLERS for introducing this resolution vide. I urge all Members to support this Whereas aerospace innovation has led to to recognize the contributions of the very worthwhile bill. the development of the Global Positioning aerospace industry to our country and Mr. Speaker, I reserve the balance of System, which has strengthened national se- urge my colleagues to support its pas- my time. curity and increased economic productivity; sage. Mr. TONKO. Mr. Speaker, I reserve Whereas the aerospace industry assists and Mr. Speaker, I reserve the balance of the balance of my time. protects members of the Armed Forces with my time. Mr. HALL of Texas. Mr. Speaker, I military communications, unmanned aerial Mr. HALL of Texas. Mr. Speaker, I yield 5 minutes to the gentleman from systems, situational awareness, and sat- yield myself such time as I may con- ellite-guided ordinances; and Michigan, Dr. EHLERS. sume. Mr. EHLERS. Mr. Speaker, I thank Whereas September 16 is an appropriate Mr. Speaker, I rise in strong support date to observe ‘‘National Aerospace Day’’: the gentleman for yielding. Now, therefore, be it of H. Con. Res. 167, supporting the As the author of this resolution and Resolved by the House of Representatives (the goals and ideals of National Aerospace as a co-Chair of the House Aerospace Senate concurring), That the Congress— Day, introduced by my good friend Caucus, along with co-Chair Congress- (1) supports the goals and ideals of ‘‘Na- Representative VERN EHLERS and co- man NORM DICKS, I rise in strong sup- tional Aerospace Day’’; and sponsored by a number of leading Mem- (2) recognizes the contributions of the port of House Concurrent Resolution bers from both sides of the aisle. 167, which supports the goals and ideals aerospace industry to the history, economy, Domestic aerospace products, serv- of creating a National Aerospace Day, security, and educational system of the ices and technologies underpin the Na- United States. in addition to recognizing the contribu- tion’s quality of life, our security and tions of the aerospace industry to the The SPEAKER pro tempore. Pursu- economic vitality. These are funda- ant to the rule, the gentleman from mental to our ability to travel safely history, economy, security and the New York (Mr. TONKO) and the gen- and conveniently throughout this educational system of the United tleman from Texas (Mr. HALL) each country and the world. This enables States. I thank the gentleman from will control 20 minutes. our military to reach trouble spots New York and the gentleman from The Chair recognizes the gentleman quickly, to monitor those who wish to Texas for their detailed recital of the from New York. do us harm, and to accurately defeat many successes that the American GENERAL LEAVE imminent threats. Just as importantly, aerospace industry has had, and I will Mr. TONKO. Mr. Speaker, I ask unan- aerospace makes it possible for people not repeat those. imous consent that all Members may and industries all across our country to But as we celebrate the 40th anniver- have 5 legislative days to revise and ex- quickly and inexpensively be part of sary of the Apollo Moon landing this tend their remarks and to include ex- our economic mainstream. year, it is appropriate that we pass this traneous material on House Concurrent The capabilities made possible by resolution recognizing the important Resolution 167, the resolution now aerospace products in outer space are achievements made possible by the under consideration. just as extraordinary. These have en- aerospace industry. In addition to land- The SPEAKER pro tempore. Is there abled safely landing men on the Moon, ing on the Moon, some other note- objection to the request of the gen- sending satellites to all the planets in worthy achievements include leading tleman from New York? our solar system, landing a satellite on the International Space Station There was no objection. project, innovative developments in Mr. TONKO. Mr. Speaker, I yield my- an asteroid, building a permanently in- meteorological forecasting, national self such time as I may consume. habited space station, monitoring I rise in strong support of H. Con. weather, measuring changes to our defense, communications, and creating Res. 167, supporting the goals and planet, and providing instant commu- the Global Positioning System which ideals of National Aerospace Day. nications to all parts of the globe. has come to be used by consumers Since it opened in 1976, the Smithso- Space applications have enriched our throughout the world in guiding them nian Air and Space Museum has been lives and our understanding of the uni- where they travel in their daily lives. the most popular museum in our Na- verse. The United States also maintains the tion’s Capital, with over 6 million visi- The history of aerospace is long and largest, most complex and safest avia- tors each year. This is indicative of our storied, from the Wright Brothers, to tion system in the world, comprised of Nation’s love of flight and the impor- the creation of the Federal National more than 230,000 general aviation air- tance of flight to our country’s well- Advisory Committee on Aeronautics craft which use nearly 19,000 small and being. and NASA, to the vigorous industrial regional airports throughout our Na- In this museum, you can see the growth and technological innovation tion, and more than 7,000 commercial Wright Flyer, which was the world’s led by the likes of companies such as passenger and cargo airline aircraft first powered airplane. You can also see Rockwell, McDonald Douglas, Grum- which utilize over 500 commercial air- the X–1 that Chuck Yeager first pow- man, North American, Boeing, Pratt ports. Our aviation system, especially ered past the speed of sound and the and Whitney, and Beechcraft. That list business aviation, allows U.S. compa- Apollo XI capsule that returned Neil could go on and on. These companies nies to stay competitive because our Armstrong, Buzz Aldrin and Michael and many, many others have led the workers can be more productive and Collins from their remarkable trip to world in innovation and engineering more efficient. the Moon. These are truly great excellence. It is because of their tal- The United States aerospace industry achievements, and they deserve their ented researchers, their engineers and is a powerful, reliable source of em- hallowed place in our Nation’s history. machinists that our country leads the ployment, innovation and export in- The industry and individuals that world in the production of aerospace come, employing more than 840,000 peo- support our aerospace endeavors also products. ple in the United States and supporting

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.006 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9355 more than 2 million jobs in related With all that being said, I would tions shall be due not later than 90 days after fields. Although unemployment re- strongly encourage the Members of the the date of such publication. mains high, especially in my home House to support H. Con. Res. 167. (B) APPLICATION SELECTION.—Not later Mr. Speaker, I yield back the balance than 90 days after the date on which applica- State of Michigan, these high-value, tions for grants under the program are due, good-paying jobs continue to be avail- of my time. the Secretary shall select, through a com- able because of the shortage of quali- The SPEAKER pro tempore. The petitive process, all applicants to be awarded fied workers in this field. question is on the motion offered by a grant under the program. Therefore, in order for the United the gentleman from New York (Mr. (5) NUMBER OF GRANTS.—The Secretary States to remain at the forefront of TONKO) that the House suspend the shall determine the number of grants to be aerospace development, we must do a rules and agree to the concurrent reso- awarded under the program based on the better job of educating our children in lution, H. Con. Res. 167. technical merits of the applications received. The number of grants awarded under the pro- science, technology, engineering and The question was taken; and (two- gram shall not be less than three or more mathematics, commonly referred to as thirds being in the affirmative) the than seven, and at least half of the grants STEM education. Flying and space ex- rules were suspended and the concur- awarded shall be for plug-in hybrid tech- ploration remain a powerful inspira- rent resolution was agreed to. nology. tion that captures the interest of A motion to reconsider was laid on (6) AWARD AMOUNTS.—The Secretary shall young people, and I applaud the efforts the table. award not more than $3,000,000 to each re- cipient per year for each of the 3 years of the by the aerospace community to get in- f volved with children and schools to project. HEAVY DUTY HYBRID VEHICLE (c) PROGRAM REQUIREMENTS; TWO nurture this interest and improve our RESEARCH, DEVELOPMENT, AND PHASES.—Each grant recipient shall be re- STEM education programs. DEMONSTRATION ACT OF 2009 quired to complete two phases: I am proud to report that in my (1) PHASE ONE.— hometown of Grand Rapids, Michigan, Mr. TONKO. Mr. Speaker, I move to (A) IN GENERAL.—In phase one, the recipi- a young gentleman, Patrick Johnson, suspend the rules and pass the bill ent shall research and demonstrate advanced who is a pilot, has formed the West (H.R. 445) to establish a research, de- hybrid technology by producing or retro- velopment, demonstration, and com- fitting one or more advanced heavy duty hy- Michigan Flight Academy, and been brid vehicles. mercial application program to pro- teaching aviation to children in the el- (B) REPORT.—Not later than 60 days after ementary schools, particularly those mote research of appropriate tech- the completion of phase one, the recipient who are lagging behind. He has been nologies for heavy duty plug-in hybrid shall submit to the Secretary a report con- helping them build model airplanes and vehicles, and for other purposes, as taining data and analysis of— fly them. Just about a month ago, I amended. (i) the performance of each vehicle in car- was with him when we went to a local The Clerk read the title of the bill. rying out the testing procedures developed meeting of the Experimental Aircraft The text of the bill is as follows: by the Secretary under subparagraph (E); (ii) the performance during such testing of Association chapter in my community. H.R. 445 each vehicle’s components, including the Many of these children went up in an Be it enacted by the Senate and House of Rep- battery, energy management system, charg- airplane for the first time in their life. resentatives of the United States of America in ing system, and power controls; They got to stand by the airplanes and Congress assembled, (iii) the projected cost of each vehicle, in- hear an explanation of what the dif- SECTION 1. SHORT TITLE. cluding acquisition, operating, and mainte- ferent parts of the airplanes were and This Act may be cited as the ‘‘Heavy Duty nance costs; and how they work. And, believe it or not, Hybrid Vehicle Research, Development, and (iv) the emissions levels of each vehicle, in- most of those children are now very in- Demonstration Act of 2009’’. cluding greenhouse gas levels. (C) TERMINATION.—The Secretary may ter- terested in studying math and science SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHI- CLE TECHNOLOGY RESEARCH, DE- minate the grant program with respect to to better understand aviation, and may VELOPMENT, DEMONSTRATION, AND the project of a recipient at the conclusion of enter an occupation they had never COMMERCIAL APPLICATION PRO- phase one if the Secretary determines that thought of before. So aviation also has GRAM. the recipient cannot successfully complete a very important educational impact, (a) ESTABLISHMENT.—The Secretary shall the requirements of phase two. and I am pleased that the aerospace in- establish a competitive research, develop- (D) TIMING.—Phase one begins upon receipt dustry has helped schools and teachers ment, demonstration, and commercial appli- of a grant under the program and has a dura- cation program (referred to in this Act as learn more and teach more about avia- tion of one year. the ‘‘program’’) to provide grants to appli- (E) TESTING PROCEDURES.—The Secretary tion, and through that has inspired cants to carry out projects to advance re- shall develop standard testing procedures to children to study science and mathe- search and development and to demonstrate be used by recipients in testing each vehicle. matics. technologies for advanced heavy duty hybrid Such procedures shall include testing a vehi- I hope my colleagues will join me in vehicles. cle’s performance under typical operating honoring the aerospace industry for (b) APPLICATIONS.— conditions. their good service by supporting the (1) IN GENERAL.—The Secretary shall issue (2) PHASE TWO.— creation of a National Aerospace Day requirements for applying for grants under (A) IN GENERAL.—In phase two, the recipi- on September 16th. I also urge all the program. ent shall demonstrate advanced manufac- (2) SELECTION CRITERIA.—The Secretary members to vote for this concurrent turing processes and technologies by pro- shall establish selection criteria for award- ducing or retrofitting fifty advanced heavy resolution, H. Con. Res. 167. ing grants under the program. In evaluating duty hybrid vehicles. Mr. HALL of Texas. Mr. Speaker, I applications, the Secretary shall— (B) REPORT.—Not later than 60 days after have no further requests for time, and (A) consider the ability of applicants to the completion of phase two, the recipient I yield back the balance of my time. successfully complete both phases described shall submit to the Secretary a report con- Mr. TONKO. Mr. Speaker, I would in subsection (c); and taining— again like to commend Representative (B) give priority to applicants who are best (i) an analysis of the technological chal- EHLERS for his outstanding work on able to— lenges encountered by the recipient in the this resolution, drawing our attention (i) fill existing research gaps and achieve development of the vehicles; the greatest advances beyond the state of to a National Aerospace Day. It is no (ii) an analysis of the technological chal- current technology; and lenges involved in mass producing the vehi- small feat to have seen the history of (ii) achieve the greatest reduction in fuel cles; and the aerospace arena grow in leaps and consumption and emissions. (iii) the manufacturing cost of each vehi- bounds over the last century, and cer- (3) PARTNERS.—An applicant for a grant cle, the estimated sale price of each vehicle, tainly writing much of that history under this section may carry out a project in and the cost of a comparable non-hybrid ve- was America and Americans who have, partnership with other entities. hicle. through their investment, given great (4) SCHEDULE.— (C) TIMING.—Phase two begins at the con- opportunities to careers, to jobs that (A) APPLICATION REQUEST.—Not later than clusion of phase one and has a duration of 180 days after the date of the enactment of have been developed in that arena of a two years. this Act, the Secretary shall publish in the (d) RESEARCH ON VEHICLE USAGE AND AL- high-tech capacity, and certainly that Federal Register, and elsewhere as appro- TERNATIVE DRIVE TRAINS.—The Secretary have provided great hope and inspira- priate, a request for applications to under- shall conduct research into alternative tion to many. take projects under the program. Applica- power train designs for use in advanced

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.042 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9356 CONGRESSIONAL RECORD — HOUSE September 9, 2009 heavy duty hybrid vehicles. Such research (A) carrying out the studies required under different, advances in this sector can shall compare the estimated cost, including subsection (d); benefit the domestic automotive sector operating and maintenance costs, emissions (B) carrying out the pilot program required as a whole by providing invaluable les- reductions, and fuel savings of each design under subsection (h); and sons learned in the designing and man- with similar non-hybrid power train designs (C) the administration of the program. ufacturing of these systems. under the conditions in which these vehicles SEC. 3. EXPANDING RESEARCH IN HYBRID TECH- are typically used, including, for each vehi- NOLOGY FOR LARGE VEHICLES. b 1115 cle type— Subsection (g)(1) of the United States En- Mr. SENSENBRENNER’s bill represents (1) number of miles driven; ergy Storage Competitiveness Act of 2007 (2) time spent with the engine at idle; (enacted as section 641(g)(1) of the Energy a commonsense approach to chipping (3) horsepower requirements; Independence and Security Act of 2007 (42 away at our energy challenge. I believe (4) length of time the maximum or near U.S.C. 17231(g)(1))) is amended by inserting this is an important piece of legisla- maximum power output of the vehicle is ‘‘vehicles with a gross weight over 16,000 tion in the large and complex puzzle needed; and pounds,’’ before ‘‘stationary applications’’. that is our transportation sector. And I (5) any other factors that the Secretary urge my colleagues to support the considers appropriate. The SPEAKER pro tempore. Pursu- (e) REPORT TO THE CONGRESS.—Not later ant to the rule, the gentleman from measure. than 60 days after the Secretary receives the New York (Mr. TONKO) and the gen- Mr. Speaker, I reserve the balance of reports from grant recipients under sub- tleman from Texas (Mr. HALL) each my time. section (c)(2)(B), the Secretary shall submit will control 20 minutes. Mr. HALL of Texas. Mr. Speaker, I to the Congress a report containing— The Chair recognizes the gentleman yield myself such time as I may con- (1) an identification of the grant recipients from New York. sume. I rise today in support of H.R. and a description of the projects to be fund- 445, the Heavy Duty Hybrid Vehicle Re- GENERAL LEAVE ed; search, Development, and Demonstra- (2) an identification of all applicants who Mr. TONKO. I ask unanimous consent tion Act of 2009, sponsored by my good submitted applications for the program; that all Members may have 5 legisla- (3) all data contained in reports submitted friend, Congressman SENSENBRENNER. tive days to revise and extend their re- H.R. 445 was originally introduced in by grant recipients under subsection (c); marks and include extraneous material (4) a description of the vehicles produced or the 110th Congress as H.R. 6323, where retrofitted by recipients in phase one and on H.R. 445, the bill now under consid- it passed out of the Committee on phase two of the project, including an anal- eration. Science and Technology with bipar- ysis of the fuel efficiency of such vehicles; The SPEAKER pro tempore. Is there tisan support and input from both sides and objection to the request of the gen- of the aisle and was passed by the (5) the results of the research carried out tleman from New York? under subsections (d) and (h). House of Representatives under suspen- There was no objection. sion of the rules by voice vote. (f) COORDINATION AND NONDUPLICATION.—To Mr. TONKO. Mr. Speaker, I yield my- the maximum extent practicable, the Sec- I’m pleased that Mr. SENSENBRENNER retary shall coordinate, and not duplicate, self such time as I may consume. reintroduced his bill in this Congress activities under this Act with other pro- Mr. Speaker, it is my pleasure to put that we’re debating on the floor today. grams and laboratories of the Department of before the House today H.R. 445 by Mr. While most of the attention on hybrid Energy and other Federal research programs. JIM SENSENBRENNER. The House passed vehicles has been focused on passenger (g) COST SHARING.—Section 988 of the En- a nearly identical bill, H.R. 6323, in the cars, large, heavy duty hybrid trucks ergy Policy Act of 2005 (42 U.S.C. 16352) shall 110th Congress and, unfortunately, that apply to the program established pursuant to have received limited funds for Federal this section. is as far as the bill got. Hopefully we research and development programs. (h) ELECTRICAL GRID RESEARCH PILOT PRO- can get some movement on this meas- However, because trucks generally use GRAM.—The Secretary shall establish a pilot ure this time around. much more fuel per year than pas- program through the National Laboratories By enhancing the Department of En- senger vehicles, the overall potential and Technology Centers of the Department ergy’s research program in heavy duty of Energy to research and test the effects on on satisfaction is very significant. The hybrid trucks, this bill draws much Environmental Protection Agency es- the domestic electric power grid of the wide- needed focus to a very critical compo- spread use of plug-in hybrid vehicles, includ- tablishes that a typical delivery truck ing plug-in hybrid vehicles that are advanced nent of the transportation sector, that using a hydraulic hybrid system could heavy duty hybrid vehicles. being commercial trucks. save up to 1,000 gallons of fuel per year. (i) DEFINITIONS.—For purposes of this sec- We have repeatedly learned the hard In light of the proposed savings in tion: way just how much the health of our fuel use and resulting emissions reduc- (1) ADVANCED HEAVY DUTY HYBRID VEHI- economy can hinge on the commercial tion, the Heavy Duty Hybrid Vehicle CLE.—The term ‘‘advanced heavy duty hybrid transportation sector. Costly fuel vehicle’’ means a vehicle with a gross weight Research, Development, and Dem- between 14,000 pounds and 33,000 pounds that translates directly into higher prices onstration Act of 2009 aims to encour- is fueled, in part, by a rechargeable energy for consumers since the large majority age the advancement of the needed storage system. of products we consume or use, from technology to bring about these sav- (2) GREENHOUSE GAS.—The term ‘‘green- food to building materials, are at some ings. The bill directs the Secretary of house gas’’ means— point transported by a medium to Energy to establish a grant program (A) carbon dioxide; heavy duty truck. We must take meas- for the development of advanced heavy (B) methane; ures to ensure that this remains a vi- (C) nitrous oxide; duty hybrid vehicles. (D) hydrofluorocarbons; brant economic sector. These grants are awarded in two (E) perfluorocarbons; or The heavy truck sector also plays a phases. In phase one, grant recipients (F) sulfur hexafluoride. role in our energy security and envi- are required to build or retrofit one or (3) PLUG-IN HYBRID.—The term ‘‘plug-in hy- ronmental health. Approximately one- more advanced heavy duty hybrid vehi- brid’’ means a vehicle fueled, in part, by fourth of the Nation’s fuel use and the cles and to collect required data. In electrical power that can be recharged by majority of transportation-based emis- phase two, grant recipients are re- connecting the vehicle to an electric power sions can be attributed to heavy duty quired to produce or retrofit 50 ad- source. trucks. One large tractor-trailer rig vanced heavy duty hybrid vehicles, col- (4) RETROFIT.—The term ‘‘retrofit’’ means the process of creating an advanced heavy uses as much fuel annually as 48 pas- lect required data, and report on the duty hybrid vehicle by converting an exist- senger vehicles. We can see how even results. ing, fuel-powered vehicle. small improvements in their efficiency In addition, the bill directs the Sec- (5) SECRETARY.—The term ‘‘Secretary’’ can have a substantial impact. retary to conduct a study of alter- means the Secretary of Energy. As with passenger vehicles, hybrid native power train designs for use in (j) AUTHORIZATION OF APPROPRIATIONS.— technologies hold the greatest promise advanced heavy duty hybrid vehicles (1) There are authorized to be appropriated for improving the fuel economy and and, further, directs the Secretary to to the Secretary $16,000,000 for each of fiscal emissions of commercial trucks, but establish a pilot program through years 2010 through 2012 to carry out this sec- tion. considerable research and development DOE’s national laboratories to re- (2) Of the funds authorized under para- is required to put these technologies on search and test the effects on the do- graph (1), not more than $1,000,000 per fiscal the road. While the technological re- mestic electric power grid of the wide- year may be used for— quirements for hybrid trucks are very spread use of plug-in hybrid vehicles,

VerDate Nov 24 2008 03:18 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.021 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9357 including heavy duty plug-in hybrid alternatives for the underserved, and eco- bers and in their communities and have trucks. nomic stimulus to our Nation even as we helped their members in these trou- Again, I thank Congressman SENSEN- face a financial crisis today; and bling economic times by promoting fi- Whereas, June 26, 2009, will mark the 75th BRENNER for introducing this bill, and nancial security and economic well- anniversary of the enactment of the Federal Chairman GORDON for helping to ad- Credit Union Act: Now, therefore, be it being for all. vance it. I think it makes good sense Resolved, That the House of Representa- I am happy to recognize the 75th an- and deserves passage. tives recognizes the 75th anniversary of the niversary of the passage of the Federal Mr. Speaker, I have no further re- passage of the Federal Credit Union Act and Credit Union Act and to acknowledge quests for time, and I yield back the the vibrant Federal credit union community their valuable services to their mem- balance of my time. that was created as a result of this landmark bers and communities across the Na- Mr. TONKO. Mr. Speaker, I again piece of legislation. tion. commend Representative SENSEN- The SPEAKER pro tempore. Pursu- Mr. Speaker, with that I reserve the BRENNER for his work on H.R. 445, ant to the rule, the gentleman from balance of my time. which will speak to heavy duty hybrid Connecticut (Mr. HIMES) and the gen- Mr. GARRETT of New Jersey. I yield vehicle research and development. The tleman from New Jersey (Mr. GARRETT) myself such time as I may consume. deployment of the improvements that each will control 20 minutes. I rise in support of the legislation, we can make in that transportation The Chair recognizes the gentleman and I commend my colleague on the sector will aid us tremendously in re- from Connecticut. other side of the aisle as well for his sponding favorably to the environment GENERAL LEAVE work on this piece as well and his sup- and to our energy needs. For that pur- Mr. HIMES. Mr. Speaker, I ask unan- port. pose and many of the related energy imous consent that all Members may If you look to the legislation, page 2, and environment benefits that come have 5 legislative days within which to I think this is an interesting portion from such research and development, I revise and extend their remarks on this and it really cuts to the quick of what strongly urge our colleagues to support legislation and to insert extraneous we’re talking about with regard to H.R. 445. material thereon. credit unions. It says: whereas credit Mr. Speaker, I yield back the remain- The SPEAKER pro tempore. Is there unions operate with the credo, not for der of my time. objection to the request of the gen- profit, not for charity, but for service The SPEAKER pro tempore. The tleman from Connecticut? and have consistently reflected this question is on the motion offered by There was no objection. philosophical tradition and the cooper- the gentleman from New York (Mr. Mr. HIMES. Mr. Speaker, I yield my- ative spirit of people helping people TONKO) that the House suspend the self such time as I may consume. that gave birth to the Federal Credit rules and pass the bill, H.R. 445, as Mr. Speaker, on June 26, 1934, Presi- Union Act. amended. dent Franklin Delano Roosevelt signed Well, when you think about it, that The question was taken; and (two- into law the Federal Credit Union Act, is exactly what the credit union indus- thirds being in the affirmative) the establishing the Federal credit union try is in this country: not for profit, rules were suspended and the bill, as system and creating the Bureau of Fed- not for charity but for service. And amended, was passed. eral Credit Unions, the predecessor to when I think of my district back in the A motion to reconsider was laid on the National Credit Union Administra- great State of New Jersey in the Fifth the table. tion, to charter and oversee Federal Congressional District and the credit credit unions. June 26, 2009 marked the unions that are in that area, whether it f 75th anniversary of the passage of that was the very first credit union that I RECOGNIZING 75TH ANNIVERSARY act to create a not-for-profit financial ever joined when I worked for Selective OF FEDERAL CREDIT UNION ACT institution formed for the purpose of Insurance Company many years ago Mr. HIMES. Mr. Speaker, I move to promoting thrift among its members and the services that they provided to suspend the rules and agree to the reso- and providing them with a source of the employees of that company or lution (H. Res. 556) recognizing the 75th low-cost credit. other credit unions that have grown up anniversary of the passage of the Fed- Given the presence of some of the over time in the various counties in eral Credit Union Act and the vibrant oldest Federal credit unions in my northwest New Jersey and across the Federal credit union community that home State of Connecticut and their State of New Jersey, working to fill a was created as a result of this impor- important role that they play in their particular niche for their members tant piece of legislation. communities, I am pleased to offer this that perhaps were not being met by the The Clerk read the title of the resolu- resolution. rest of the industries for these individ- tion. Today there are more than 4,700 fed- uals, they were doing so in a manner The text of the resolution is as fol- erally chartered credit unions. To- that was not for profit, the people com- lows: gether they serve nearly 50 million ing together and saying that there is a Americans and have nearly $500 billion H. RES. 556 need to be fulfilled and that they were in combined assets. In my district going to make sure that they served it. Whereas, on June 26, 1934, President Frank- lin Roosevelt signed into law the Federal alone, Federal credit unions serve Now, it’s interesting as I come to the Credit Union Act, thus enabling credit about 60,000 members and manage ap- floor here to speak to the benefits of unions to be organized throughout the proximately $430 million in assets. Pri- credit unions that our country has seen United States under the charters approved vate sector organizations such as over the last several decades. I just re- by the Federal Government; Pitney Bowes, the Fairfield University turned from meeting with officials Whereas the passage of the Federal Credit employees, Arnold Bakers run Federal from the European Union and also from Union Act enabled credit unions to play an credit unions. The Bridgeport police, Great Britain where they, right now, in instrumental role in helping hard-working Bridgeport hospital run successful light of all the financial difficulties people in the United States recover after the Great Depression; credit unions, labor organizations such they are experiencing in their financial Whereas credit unions have continued to as the UFCW Local 371 are running suc- markets, are looking across the Atlan- exemplify the American values of thrift, self- cessful Federal credit unions. tic to see whether they can learn some help, and volunteerism, carving out a special In these turbulent times, the not-for- things from us to see what they can do place for themselves among the Nation’s fi- profit cooperative business model of to provide, A, some services and, B, nancial institutions; credit unions has been an example of some stability to their markets as Whereas credit unions operate with the safety and soundness providing credit well. credo, ‘‘Not for profit, not for charity, but at reasonable rates and important fi- And you know what the number one for service’’ and have consistently reflected nancial services to its members. Fed- thing that the Conservative Party, the this philosophical tradition and the coopera- tive spirit of ‘‘people helping people’’ that eral credit unions continue to seek op- folks who I met with over there, said gave birth to the Federal Credit Union Act; portunities to extend crucial financial that they wanted to do and that was in Whereas credit unions continue to provide services to underserved areas. They are Great Britain was to provide credit valuable services to their members, financial inherently invested in the their mem- unions for the people of that country.

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.030 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9358 CONGRESSIONAL RECORD — HOUSE September 9, 2009 So they have a problem that’s a little unions help hold down costs for bor- around the globe and to see credit bit different from our country and that rowers and provide greater access to unions at work around the globe. In is that we have the traditional entre- capital, more choices for individuals. this capacity, I have seen credit unions preneurial spirit in the banking indus- And on a small scale, I’ve watched as take shape and give hope to thousands try, that we have so many banks across they’ve worked with people who other- looking for a better life. the country, which is a good thing that wise would have fallen prey to payday Credit unions have helped and con- provides services from the small indi- lenders to design short-term loans to tinue to help many African countries vidual right up to the large. They don’t help people in financial difficulty who build a safe financial system for the have it quite as extensively as we do in may not be particularly financially so- first time. The fact of the matter is this country, and so they have a need phisticated. that credit unions work whether even greater than we do to provide that I thank the gentleman for intro- they’re in Orange County, California or niche marketplace for the individual. ducing this legislation. I think it’s im- in Johannesburg, South Africa. They So they will be looking to the United portant to recognize the contributions help families save hard-earned money, States to take the lead in this area and of the credit unions and to continue to buy cars, purchase homes, and send probably emulate much of what we work with them to provide their vital their children to college. Indeed, credit have already learned and instituted services to American consumers. unions are helping the futures of over with regard to the solvency issues and Mr. GARRETT of New Jersey. I now 90 million members across this country the prudential regulation issues and yield such time as he may consume to and of countless others around the the like in that industry. So it’s good Mr. ROYCE. globe. to come back to the United States and Mr. ROYCE. Mr. Speaker, I’d like to In closing, I would like to again say that in this area we have been a thank the gentleman from Connecticut thank the gentleman from Connecticut leader on this matter, and I stand in (Mr. HIMES) for sponsoring this resolu- (Mr. HIMES) for taking the lead on this support of this legislation. tion. And this resolution recognizes the resolution. Hopefully, the credit unions I reserve the balance of my time. 75th anniversary of the passage of the that have served so many communities Mr. HIMES. I thank the gentleman Federal Credit Union Act and the vi- around our country will continue to do from New Jersey. It’s good to know brant Federal credit union community great work. that as we do the hard work of re- that was created as a result of this im- Mr. HIMES. I thank the gentleman casting the regulatory apparatus in portant piece of legislation. The pur- for his very apt observations. this country, that there are models in- pose of this law passed back in 1934 was Mr. Speaker, clearly, we are in agree- cluding the credit unions that others to make credit available and to pro- ment here that credit unions are are looking to as things that we do mote savings through a national sys- unique entities to be studied for the right. tem of nonprofit cooperative credit fact that they better, perhaps than With that, I yield 3 minutes to the unions. other entities in our financial services gentleman from Oregon (Mr. world, align the interests of their b 1130 BLUMENAUER). shareholders with the interests of their Mr. BLUMENAUER. I appreciate the This act established what is now the customers, and as the gentleman from gentleman’s courtesy in permitting me federal credit union system, and it cre- Oregon observed, are often the first to speak on this bill. As we mark a ated the Bureau of Federal Credit point of entry into the formal financial year of near collapse of the American Unions, which eventually became the system for families and for people who financial system, we’re still trying to National Credit Union Administration. otherwise would be using informal or sort out exactly what happened and Its intent was to charter and to regu- shady mechanisms of credit. As my how to ensure it never happens again, late Federal credit unions. friend from New Jersey points out, to allow reckless behavior to drive our While much of the economic down- they’re a model internationally and economy into the ditch. turn originated in the financial crisis, not just for foreign countries but for With that as a background, it is ap- credit unions, for the most part, did those of us who are really intent on propriate for us to commemorate the 75 not play a major role in the excessive studying how one balances prudence years of service by one part of the fi- risk-taking, over-leveraging or lax un- with the necessity for the availability nancial sector that didn’t add to the derwriting standards. Unlike many of of credit. problem, America’s credit unions. the other mortgage originators I urge my colleagues to pass House Starting 75 years ago as small scale throughout the housing bubble, credit Resolution 556, and I reserve the bal- not-for-profit groups of people joined unions held most of the mortgages ance of my time. together to provide essential affordable they originated. They held them in Mr. GARRETT of New Jersey. Mr. financial services, we have watched it their portfolios. As of late last year, Speaker, I would just close then by grow over the years. Personally, I can roughly 70 percent of credit union thanking the gentleman from Cali- testify as a satisfied member of credit mortgage originations were held in fornia (Mr. ROYCE) for taking the lead unions for over 25 years, including two portfolio with only 30 percent having role as the Republican of this currently, I’ve had firsthand experience been sold into the secondary market. legislation and also for his work in the of the personal, high-quality service. Because credit unions generally took past with regard and on behalf of credit While certainly they’ve grown and ex- a conservative approach to banking, unions as well and also for making the panded their services and membership they avoided many of the problems significant point that he just did, over the years, we’ve seen that they that we saw in other institutions. This which is, with regard to this time of fi- still work well, managing to provide approach has left them well-suited to nancial crisis, that the American pub- helpful competition. play a significant role in the economic lic could look to the resounding, strong When some of the largest banks in recovery. support of the credit unions. So I this country have stopped lending, not Certainly, the 90 million credit union thank Mr. ROYCE for his lead role, and so with credit unions. Indeed, most members nationwide will continue to I appreciate the role Mr. HIMES as well credit unions have continued to lend to rely on these institutions for their ev- has played in bringing this legislation individuals and small businesses eryday banking needs. I think it is to the floor. around the country, despite the chal- worth noting the impact credit unions Ms. WATERS. Mr. Speaker, I rise today to lenging economic climate. Unlike have had on communities around the support H. Res. 556, which recognizes the many other lenders, credit unions saw world. Credit unions provide a great 75th anniversary of the passage of the Fed- their loans increase by 7 percent to opportunity for people to pool re- eral Credit Union Act and the vibrant Federal over $575 billion in 2008, up about $35 sources. Thereby, they create an im- credit union community that was created as a billion from the previous year. By pro- portant source of liquidity for personal result of this important piece of legislation. viding financial diversity, credit or capital investment. The Federal Credit Union Act was created unions lend strength to American com- Serving on the Foreign Affairs Com- to promote savings, fight against unfair lending munities. By providing competition for mittee has given me the opportunity to practices and extend credit to people to whom other financial institutions, credit work on issues impacting countries banks and other financial institutions forgot.

VerDate Nov 24 2008 00:22 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\K09SE7.032 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9359 I have long been a supporter of credit mony by their respective Chairpersons or a Every day, I hear from constituents unions, especially federal credit unions. There designee of the Chairperson, beginning in who are experiencing a great amount of was a period of time when the major banks 2009, and for 5 years thereafter, to the Com- anxiety over what is happening to their mittee on Financial Services of the House of and other financial institutions abandoned Representatives on their efforts to reduce portfolios—from younger families who many Los Angeles communities, including the complexity in financial reporting to pro- are trying to save for their first homes those within my district. Federal credit unions vide more accurate and clear financial infor- or older workers who have had to put did the opposite and decided to invest in the mation to investors, including— off long-planned retirements. While people of communities such as Inglewood, (1) reassessing complex and outdated ac- they certainly understand most of Hawthorne, Gardena and Manhattan Beach. counting standards; these losses can be attributed to the Credit unions have made a strong commit- (2) improving the understandability, con- turmoil of our economy, we now know ment to serve the communities where their sistency, and overall usability of the existing the role that faulty financial reporting, accounting and auditing literature; members reside and have created a model (3) developing principles-based accounting be it intentional or otherwise, played more financial institutions should follow. standards; in affecting investors’ decisions. I am proud to recognize the improvements (4) encouraging the use and acceptance of This issue, of course, features promi- credit unions have made in Los Angeles and interactive data; and nently in ongoing discussions of regu- across our country. I urge other members to (5) promoting disclosures in ‘‘plain latory reform frameworks, and rightly join me in supporting H. Res. 556. English’’. so. We won’t be able to fully restore in- Mr. GARRETT of New Jersey. I yield The SPEAKER pro tempore. Pursu- vestor and consumer confidence unless back the balance of my time. ant to the rule, the gentleman from we have a system that allows for the Mr. HIMES. Mr. Speaker, I have no Kansas (Mr. MOORE) and the gentleman clearest and most accurate financial further requests for time, and I yield from New York (Mr. LEE) each will reporting. That’s why we need trans- back the balance of my time. control 20 minutes. parency. The SPEAKER pro tempore. The The Chair recognizes the gentleman It’s not enough, however, just to pur- question is on the motion offered by from Kansas. sue and to promote transparency for the gentleman from Connecticut (Mr. GENERAL LEAVE its own sake. Having run a business, I HIMES) that the House suspend the Mr. MOORE of Kansas. Mr. Speaker, know that, if you want to have a rules and agree to the resolution, H. I ask unanimous consent that all Mem- healthy corporate environment, you Res. 556. bers have 5 legislative days within have to have sound financial reporting. The question was taken; and (two- which to revise and extend their re- I also understand how time-consuming thirds being in the affirmative) the marks on this legislation and to insert and costly these accounting processes rules were suspended and the resolu- extraneous material thereon. can be. So it is critical, in bringing in- tion was agreed to. The SPEAKER pro tempore. Is there formation to light, that we also take A motion to reconsider was laid on objection to the request of the gen- care to identify the complexities that the table. tleman from Kansas? trip up everyone from small businesses There was no objection. f to large corporations and then pursue Mr. MOORE of Kansas. I yield myself reforms that may simplify and improve PROMOTING TRANSPARENCY IN such time as I may consume. the process. FINANCIAL REPORTING ACT OF Mr. Speaker, I rise today in support That’s why, with this simple bipar- of H.R. 2664, the Promoting Trans- 2009 tisan measure, we would require an- parency in Financial Reporting Act, Mr. MOORE of Kansas. Mr. Speaker, nual congressional testimony by the drafted by the gentleman from New I move to suspend the rules and pass Securities and Exchange Commission, the bill (H.R. 2664) to require annual York, Congressman CHRIS LEE. I commend his work on this bill, H.R. by the Financial Accounting Standards oral testimony before the Financial 2664. It is a bipartisan bill that is also Board and by the Public Company Ac- Services Committee of the Chairperson counting Oversight Board on efforts sponsored by Congressmen DAVID or a designee of the Chairperson of the being undertaken to reduce the com- SCOTT, GEOFF DAVIS, MIKE CASTLE, and Securities and Exchange Commission, plexity and costs of financial reporting ADAM PUTNAM. the Financial Accounting Standards Following the financial crisis our and to increase transparency for inves- Board, and the Public Company Ac- country faced last year, it is clear that tors. counting Oversight Board, relating to we need to improve the oversight and Specifically, H.R. 2664 helps Congress their efforts to promote transparency transparency of the financial services exercise legitimate oversight authority in financial reporting. industry. This bill would require the to hold these institutions accountable The Clerk read the title of the bill. Securities and Exchange Commission, for protecting taxpayers and for mak- The text of the bill is as follows: the Financial Accounting Standards ing progress on the following critical H.R. 2664 Board and the Public Company Ac- issues: First, reassessing complex and Be it enacted by the Senate and House of Rep- counting Oversight Board to provide outdated accounting standards; second, resentatives of the United States of America in annual testimony to Congress for 5 increasing the usability of the existing Congress assembled, years. Their testimony will help us to accounting and auditing literature; SECTION 1. SHORT TITLE. understand and support their efforts to third, developing principle-based ac- This Act may be cited as the ‘‘Promoting reduce the complexity in financial re- counting standards; fourth, encour- Transparency in Financial Reporting Act of aging the use and acceptance of inter- 2009’’. porting and to provide more accurate and clear financial information to in- active data; and fifth, promoting dis- SEC. 2. FINDINGS. closure in plain English. Congress finds the following: vestors. Again, Mr. Speaker, I commend Con- This bipartisan Promoting Trans- (1) Transparent and clear financial report- parency in Financial Reporting Act ing is integral to the continued growth and gressman LEE for his work on this leg- strength of our capital markets and the con- islation, and I urge my colleagues to represents a critical step towards pro- fidence of investors. support it. tecting taxpayers by creating a process (2) The increasing detail and volume of ac- I reserve the balance of my time. for simplifying and for improving our counting, auditing, and reporting guidance Mr. LEE of New York. I yield myself financial reporting framework. I urge pose a major challenge. such time as I may consume. the immediate passage of this impor- (3) The complexity of accounting and au- Mr. Speaker, I rise today in support tant bipartisan legislation. diting standards in the United States has of H.R. 2664, the Promoting Trans- I yield back the balance of my time. added to the costs and effort involved in fi- parency in Financial Reporting Act. Mr. MOORE of Kansas. Mr. Speaker, nancial reporting. I would like to thank the cosponsors the Promoting Transparency in Finan- SEC. 3. ANNUAL TESTIMONY ON REDUCING COM- of this bipartisan measure, including PLEXITY IN FINANCIAL REPORTING. cial Reporting Act will help provide The Securities and Exchange Commission, Mr. DAVIS of Kentucky, who cham- greater transparency and clarity for in- the Financial Accounting Standards Board, pioned this proposal in earlier Con- vestors. I urge my colleagues to sup- and the Public Company Accounting Over- gresses, Mr. PUTNAM, Mr. CASTLE, and port this bill. sight Board shall annually provide oral testi- Mr. SCOTT of Georgia. I yield back the balance of my time.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.030 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9360 CONGRESSIONAL RECORD — HOUSE September 9, 2009 The SPEAKER pro tempore. The procedures, any such compact or other pro- lent uniform national database, for the licen- question is on the motion offered by cedures— sure of surplus lines brokers and the renewal the gentleman from Kansas (Mr. (A) if adopted on or before the expiration of such licenses. of the 330-day period that begins on the date SEC. 104. UNIFORM STANDARDS FOR SURPLUS MOORE) that the House suspend the of the enactment of this Act, shall apply to LINES ELIGIBILITY. rules and pass the bill, H.R. 2664. any premium taxes that, on or after such A State may not— The question was taken; and (two- date of enactment, are required to be paid to (1) impose eligibility requirements on, or thirds being in the affirmative) the any State that is subject to such compact or otherwise establish eligibility criteria for, rules were suspended and the bill was procedures; and nonadmitted insurers domiciled in a United passed. (B) if adopted after the expiration of such States jurisdiction, except in conformance A motion to reconsider was laid on 330-day period, shall apply to any premium with such requirements and criteria in sec- the table. taxes that, on or after January 1 of the first tions 5A(2) and 5C(2)(a) of the Non-Admitted calendar year that begins after the expira- Insurance Model Act, unless the State has f tion of such 330-day period, are required to adopted nationwide uniform requirements, be paid to any State that is subject to such forms, and procedures developed in accord- NONADMITTED AND REINSURANCE compact or procedures. ance with section 101(b) of this Act that in- REFORM ACT OF 2009 (3) REPORT.—Upon the expiration of the clude alternative nationwide uniform eligi- Mr. MOORE of Kansas. Mr. Speaker, 330-day period referred to in paragraph (2), bility requirements; and I move to suspend the rules and pass the NAIC may submit a report to the Com- (2) prohibit a surplus lines broker from placing nonadmitted insurance with, or pro- the bill (H.R. 2571) to streamline the mittee on Financial Services and Committee on the Judiciary of the House of Representa- curing nonadmitted insurance from, a non- regulation of nonadmitted insurance tives and the Committee on Banking, Hous- admitted insurer domiciled outside the and reinsurance, and for other pur- ing, and Urban Affairs of the Senate identi- United States that is listed on the Quarterly poses. fying and describing any compact or other Listing of Alien Insurers maintained by the The Clerk read the title of the bill. procedures for allocation among the States International Insurers Department of the The text of the bill is as follows: of premium taxes that have been adopted NAIC. H.R. 2571 during such period by any States. SEC. 105. STREAMLINED APPLICATION FOR COM- (4) NATIONWIDE SYSTEM.—The Congress in- MERCIAL PURCHASERS. Be it enacted by the Senate and House of Rep- tends that each State adopt nationwide uni- A surplus lines broker seeking to procure resentatives of the United States of America in form requirements, forms, and procedures, or place nonadmitted insurance in a State Congress assembled, such as an interstate compact, that provides for an exempt commercial purchaser shall SECTION 1. SHORT TITLE AND TABLE OF CON- for the reporting, payment, collection, and not be required to satisfy any State require- TENTS. allocation of premium taxes for nonadmitted ment to make a due diligence search to de- (a) SHORT TITLE.—This Act may be cited as insurance consistent with this section. termine whether the full amount or type of the ‘‘Nonadmitted and Reinsurance Reform (c) ALLOCATION BASED ON TAX ALLOCATION insurance sought by such exempt commer- cial purchaser can be obtained from admit- Act of 2009’’. REPORT.—To facilitate the payment of pre- (b) TABLE OF CONTENTS.—The table of con- mium taxes among the States, an insured’s ted insurers if— tents for this Act is as follows: home State may require surplus lines bro- (1) the broker procuring or placing the sur- Sec. 1. Short title and table of contents. kers and insureds who have independently plus lines insurance has disclosed to the ex- Sec. 2. Effective date. procured insurance to annually file tax allo- empt commercial purchaser that such insur- ance may or may not be available from the TITLE I—NONADMITTED INSURANCE cation reports with the insured’s home State detailing the portion of the nonadmitted in- admitted market that may provide greater Sec. 101. Reporting, payment, and allocation surance policy premium or premiums attrib- protection with more regulatory oversight; of premium taxes. utable to properties, risks or exposures lo- and Sec. 102. Regulation of nonadmitted insur- cated in each State. The filing of a non- (2) the exempt commercial purchaser has ance by insured’s home State. admitted insurance tax allocation report and subsequently requested in writing the broker Sec. 103. Participation in national producer the payment of tax may be made by a person to procure or place such insurance from a database. authorized by the insured to act as its agent. nonadmitted insurer. Sec. 104. Uniform standards for surplus lines SEC. 106. GAO STUDY OF NONADMITTED INSUR- SEC. 102. REGULATION OF NONADMITTED INSUR- eligibility. ANCE MARKET. ANCE BY INSURED’S HOME STATE. Sec. 105. Streamlined application for com- (a) IN GENERAL.—The Comptroller General mercial purchasers. (a) HOME STATE AUTHORITY.—Except as of the United States shall conduct a study of Sec. 106. GAO study of nonadmitted insur- otherwise provided in this section, the place- the nonadmitted insurance market to deter- ance market. ment of nonadmitted insurance shall be sub- mine the effect of the enactment of this title Sec. 107. Definitions. ject to the statutory and regulatory require- on the size and market share of the non- ments solely of the insured’s home State. TITLE II—REINSURANCE admitted insurance market for providing (b) BROKER LICENSING.—No State other coverage typically provided by the admitted Sec. 201. Regulation of credit for reinsur- than an insured’s home State may require a insurance market. ance and reinsurance agree- surplus lines broker to be licensed in order (b) CONTENTS.—The study shall determine ments. to sell, solicit, or negotiate nonadmitted in- and analyze— Sec. 202. Regulation of reinsurer solvency. surance with respect to such insured. (1) the change in the size and market share Sec. 203. Definitions. (c) ENFORCEMENT PROVISION.—With respect of the nonadmitted insurance market and in TITLE III—RULE OF CONSTRUCTION to section 101 and subsections (a) and (b) of the number of insurance companies and in- Sec. 301. Rule of construction. this section, any law, regulation, provision, surance holding companies providing such Sec. 302. Severability. or action of any State that applies or pur- business in the 18-month period that begins ports to apply to nonadmitted insurance sold upon the effective date of this Act; SEC. 2. EFFECTIVE DATE. to, solicited by, or negotiated with an in- (2) the extent to which insurance coverage Except as otherwise specifically provided sured whose home State is another State typically provided by the admitted insurance in this Act, this Act shall take effect upon shall be preempted with respect to such ap- market has shifted to the nonadmitted in- the expiration of the 12-month period begin- plication. surance market; ning on the date of the enactment of this (d) WORKERS’ COMPENSATION EXCEPTION.— (3) the consequences of any change in the Act. This section may not be construed to pre- size and market share of the nonadmitted in- TITLE I—NONADMITTED INSURANCE empt any State law, rule, or regulation that surance market, including differences in the SEC. 101. REPORTING, PAYMENT, AND ALLOCA- restricts the placement of workers’ com- price and availability of coverage available TION OF PREMIUM TAXES. pensation insurance or excess insurance for in both the admitted and nonadmitted insur- (a) HOME STATE’S EXCLUSIVE AUTHORITY.— self-funded workers’ compensation plans ance markets; No State other than the home State of an in- with a nonadmitted insurer. (4) the extent to which insurance compa- sured may require any premium tax payment SEC. 103. PARTICIPATION IN NATIONAL PRO- nies and insurance holding companies that for nonadmitted insurance. DUCER DATABASE. provide both admitted and nonadmitted in- (b) ALLOCATION OF NONADMITTED PREMIUM After the expiration of the 2-year period surance have experienced shifts in the vol- TAXES.— beginning on the date of the enactment of ume of business between admitted and non- (1) IN GENERAL.—The States may enter into this Act, a State may not collect any fees re- admitted insurance; and a compact or otherwise establish procedures lating to licensing of an individual or entity (5) the extent to which there has been a to allocate among the States the premium as a surplus lines broker in the State unless change in the number of individuals who taxes paid to an insured’s home State de- the State has in effect at such time laws or have nonadmitted insurance policies, the scribed in subsection (a). regulations that provide for participation by type of coverage provided under such poli- (2) EFFECTIVE DATE.—Except as expressly the State in the national insurance producer cies, and whether such coverage is available otherwise provided in such compact or other database of the NAIC, or any other equiva- in the admitted insurance market.

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(c) CONSULTATION WITH NAIC.—In con- (ii) if 100 percent of the insured risk is lo- analysis, or purchasing commercial lines of ducting the study under this section, the cated out of the State referred to in subpara- insurance; and Comptroller General shall consult with the graph (A), the State to which the greatest (II) has any one of the designations speci- NAIC. percentage of the insured’s taxable premium fied in subitems (AA) through (EE) of clause (d) REPORT.—The Comptroller General for that insurance contract is allocated. (i)(II)(bb); shall complete the study under this section (B) AFFILIATED GROUPS.—If more than one (iii) has at least 10 years of experience in and submit a report to the Committee on Fi- insured from an affiliated group are named risk financing, claims administration, loss nancial Services of the House of Representa- insureds on a single nonadmitted insurance prevention, risk and insurance coverage tives and the Committee on Banking, Hous- contract, the term ‘‘home State’’ means the analysis, or purchasing commercial lines of ing, and Urban Affairs of the Senate regard- home State, as determined pursuant to sub- insurance; or ing the findings of the study not later than paragraph (A), of the member of the affili- (iv) has a graduate degree from an accred- 30 months after the effective date of this ated group that has the largest percentage of ited college or university in risk manage- Act. premium attributed to it under such insur- ment, business administration, finance, eco- SEC. 107. DEFINITIONS. ance contract. nomics, or any other field determined by a For purposes of this title, the following (7) INDEPENDENTLY PROCURED INSURANCE.— State insurance commissioner or other State definitions shall apply: The term ‘‘independently procured insur- regulatory official or entity to demonstrate minimum competence in risk management. (1) ADMITTED INSURER.—The term ‘‘admit- ance’’ means insurance procured directly by ted insurer’’ means, with respect to a State, an insured from a nonadmitted insurer. (13) PREMIUM TAX.—The term ‘‘premium an insurer licensed to engage in the business (8) NAIC.—The term ‘‘NAIC’’ means the tax’’ means, with respect to surplus lines or of insurance in such State. National Association of Insurance Commis- independently procured insurance coverage, any tax, fee, assessment, or other charge im- (2) AFFILIATE.—The term ‘‘affiliate’’ sioners or any successor entity. posed by a government entity directly or in- means, with respect to an insured, any enti- (9) NONADMITTED INSURANCE.—The term ty that controls, is controlled by, or is under ‘‘nonadmitted insurance’’ means any prop- directly based on any payment made as con- common control with the insured. erty and casualty insurance permitted to be sideration for an insurance contract for such insurance, including premium deposits, as- (3) AFFILIATED GROUP.—The term ‘‘affili- placed directly or through a surplus lines ated group’’ means any group of entities that broker with a nonadmitted insurer eligible sessments, registration fees, and any other are all affiliated. to accept such insurance. compensation given in consideration for a contract of insurance. (4) CONTROL.—An entity has ‘‘control’’ over (10) NON-ADMITTED INSURANCE MODEL ACT.— another entity if— The term ‘‘Non-Admitted Insurance Model (14) SURPLUS LINES BROKER.—The term (A) the entity directly or indirectly or act- Act’’ means the provisions of the Non-Ad- ‘‘surplus lines broker’’ means an individual, ing through one or more other persons owns, mitted Insurance Model Act, as adopted by firm, or corporation which is licensed in a controls or has the power to vote 25 percent the NAIC on August 3, 1994, and amended on State to sell, solicit, or negotiate insurance or more of any class of voting securities of September 30, 1996, December 6, 1997, October on properties, risks, or exposures located or the other entity; or 2, 1999, and June 8, 2002. to be performed in a State with nonadmitted insurers. (B) the entity controls in any manner the (11) NONADMITTED INSURER.—The term election of a majority of the directors or ‘‘nonadmitted insurer’’ means, with respect (15) STATE.—The term ‘‘State’’ includes trustees of the other entity. to a State, an insurer not licensed to engage any State of the United States, the District of Columbia, the Commonwealth of Puerto (5) EXEMPT COMMERCIAL PURCHASER.—The in the business of insurance in such State. Rico, Guam, the Northern Mariana Islands, term ‘‘exempt commercial purchaser’’ means (12) QUALIFIED RISK MANAGER.—The term any person purchasing commercial insurance ‘‘qualified risk manager’’ means, with re- the Virgin Islands, and American Samoa. that, at the time of placement, meets the spect to a policyholder of commercial insur- TITLE II—REINSURANCE following requirements: ance, a person who meets all of the following SEC. 201. REGULATION OF CREDIT FOR REINSUR- (A) The person employs or retains a quali- requirements: ANCE AND REINSURANCE AGREE- fied risk manager to negotiate insurance (A) The person is an employee of, or third MENTS. coverage. party consultant retained by, the commer- (a) CREDIT FOR REINSURANCE.—If the State (B) The person has paid aggregate nation- cial policyholder. of domicile of a ceding insurer is an NAIC- wide commercial property and casualty in- (B) The person provides skilled services in accredited State, or has financial solvency surance premiums in excess of $100,000 in the loss prevention, loss reduction, or risk and requirements substantially similar to the re- immediately preceding 12 months. insurance coverage analysis, and purchase of quirements necessary for NAIC accredita- (C)(i) The person meets at least one of the insurance. tion, and recognizes credit for reinsurance for the insurer’s ceded risk, then no other following criteria: (C) The person— State may deny such credit for reinsurance. (I) The person possesses a net worth in ex- (i)(I) has a bachelor’s degree or higher from (b) ADDITIONAL PREEMPTION OF cess of $20,000,000, as such amount is adjusted an accredited college or university in risk EXTRATERRITORIAL APPLICATION OF STATE pursuant to clause (ii). management, business administration, fi- LAW.—In addition to the application of sub- (II) The person generates annual revenues nance, economics, or any other field deter- section (a), all laws, regulations, provisions, in excess of $50,000,000, as such amount is ad- mined by a State insurance commissioner or or other actions of a State that is not the justed pursuant to clause (ii). other State regulatory official or entity to domiciliary State of the ceding insurer, ex- (III) The person employs more than 500 full demonstrate minimum competence in risk cept those with respect to taxes and assess- time or full time equivalent employees per management; and ments on insurance companies or insurance individual insured or is a member of an af- (II)(aa) has three years of experience in income, are preempted to the extent that filiated group employing more than 1,000 em- risk financing, claims administration, loss they— ployees in the aggregate. prevention, risk and insurance analysis, or (1) restrict or eliminate the rights of the (IV) The person is a not-for-profit organi- purchasing commercial lines of insurance; or ceding insurer or the assuming insurer to re- zation or public entity generating annual (bb) has one of the following designations: solve disputes pursuant to contractual arbi- budgeted expenditures of at least $30,000,000, (AA) a designation as a Chartered Property tration to the extent such contractual provi- as such amount is adjusted pursuant to and Casualty Underwriter (in this subpara- sion is not inconsistent with the provisions clause (ii). graph referred to as ‘‘CPCU’’) issued by the of title 9, ; (V) The person is a municipality with a American Institute for CPCU/Insurance In- (2) require that a certain State’s law shall population in excess of 50,000 persons. stitute of America; govern the reinsurance contract, disputes (ii) Effective on the fifth January 1 occur- (BB) a designation as an Associate in Risk arising from the reinsurance contract, or re- ring after the date of the enactment of this Management (ARM) issued by the American quirements of the reinsurance contract; Act and each fifth January 1 occurring Institute for CPCU/Insurance Institute of (3) attempt to enforce a reinsurance con- thereafter, the amounts in subclauses (I), America; tract on terms different than those set forth (II), and (IV) of clause (i) shall be adjusted to (CC) a designation as Certified Risk Man- in the reinsurance contract, to the extent reflect the percentage change for such five- ager (CRM) issued by the National Alliance that the terms are not inconsistent with this year period in the Consumer Price Index for for Insurance Education & Research; title; or All Urban Consumers published by the Bu- (DD) a designation as a RIMS Fellow (RF) (4) otherwise apply the laws of the State to reau of Labor Statistics of the Department issued by the Global Risk Management Insti- reinsurance agreements of ceding insurers of Labor. tute; or not domiciled in that State. (6) HOME STATE.— (EE) any other designation, certification, SEC. 202. REGULATION OF REINSURER SOL- (A) IN GENERAL.—Except as provided in or license determined by a State insurance VENCY. subparagraph (B), the term ‘‘home State’’ commissioner or other State insurance regu- (a) DOMICILIARY STATE REGULATION.—If the means, with respect to an insured— latory official or entity to demonstrate min- State of domicile of a reinsurer is an NAIC- (i) the State in which an insured maintains imum competency in risk management; accredited State or has financial solvency its principal place of business or, in the case (ii)(I) has at least seven years of experience requirements substantially similar to the re- of an individual, the individual’s principal in risk financing, claims administration, loss quirements necessary for NAIC accredita- residence; or prevention, risk and insurance coverage tion, such State shall be solely responsible

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.017 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9362 CONGRESSIONAL RECORD — HOUSE September 9, 2009 for regulating the financial solvency of the The SPEAKER pro tempore. Is there WAITE), for she was the Republican reinsurer. objection to the request of the gen- lead sponsor on this bill in the last two (b) NONDOMICILIARY STATES.— tleman from Kansas? Congresses, and she has worked tire- (1) LIMITATION ON FINANCIAL INFORMATION There was no objection. lessly on this very important issue. So REQUIREMENTS.—If the State of domicile of a Mr. MOORE of Kansas. I yield myself I am pleased now to have the oppor- reinsurer is an NAIC-accredited State or has as much time as I may consume. financial solvency requirements substan- tunity to take up the mantle from Ms. tially similar to the requirements necessary Mr. Speaker, I rise today in support BROWN-WAITE and to move this legisla- for NAIC accreditation, no other State may of H.R. 2571, the Nonadmitted and Re- tion forward. require the reinsurer to provide any addi- insurance Reform Act of 2009. Finally, I would like to thank the tional financial information other than the I drafted this bipartisan legislation National Association of Insurance information the reinsurer is required to file with Congressman SCOTT GARRETT, Commissioners and specifically Dr. with its domiciliary State. Congressman PAUL KANJORSKI, Chair- Theresa Vaughan for their efforts in (2) RECEIPT OF INFORMATION.—No provision man BARNEY FRANK, and Ranking of this section shall be construed as pre- working closely with all of the inter- Member SPENCER BACHUS. I appreciate ested parties. venting or prohibiting a State that is not the their support and the support of the State of domicile of a reinsurer from receiv- Now, I believe that the inclusive and bill’s 22 cosponsors. deliberative process that this legisla- ing a copy of any financial statement filed This bill will provide much-needed with its domiciliary State. tion has undergone should serve, real- reform in the nonadmitted and reinsur- SEC. 203. DEFINITIONS. ly, as a model as we continue to work ance markets. In the 109th Congress, For purposes of this title, the following on revamping and modernizing other this House unanimously approved the definitions shall apply: aspects of our financial regulatory (1) CEDING INSURER.—The term ‘‘ceding in- bill by a vote of 417–0. In the 110th Con- gress, our bill was unanimously ap- framework. Mr. Speaker, H.R. 2571, the surer’’ means an insurer that purchases rein- Nonadmitted and Reinsurance Reform surance. proved by voice vote. Unfortunately, Act of 2009, will reform and will (2) DOMICILIARY STATE.—The terms ‘‘State the Senate has yet to act, but I believe of domicile’’ and ‘‘domiciliary State’’ means, the third time will be the charm. streamline the regulation of the non- with respect to an insurer or reinsurer, the Before he retired, Senator MEL MAR- admitted—that’s surplus lines—insur- State in which the insurer or reinsurer is in- TINEZ introduced the Senate version of ance market as well as the reinsurance corporated or entered through, and licensed. the bill with Senators EVAN BAYH, market. (3) REINSURANCE.—The term ‘‘reinsurance’’ MIKE CRAPO, and BILL NELSON. I know Title I, which addresses the surplus means the assumption by an insurer of all or the other three will pick up where Sen- lines market, will reduce regulatory part of a risk undertaken originally by an- overlap, and will clarify where the ap- other insurer. ator MARTINEZ left off to help enact propriate taxing authority really (4) REINSURER.— this legislation into law. Often called (A) IN GENERAL.—The term ‘‘reinsurer’’ the ‘‘safety net of the insurance mar- should lie with each market trans- means an insurer to the extent that the in- ket,’’ surplus lines provides for cov- action. It also will establish the NAIC’s surer— erage when the traditional market is eligibility requirements as a standard (i) is principally engaged in the business of not available. for the participation in the surplus reinsurance; Under today’s laws, the regulation of lines marketplace. These provisions (ii) does not conduct significant amounts the surplus lines market is, unfortu- will basically increase efficiency. They of direct insurance as a percentage of its net will work to reduce transaction costs, premiums; and nately, fragmented and cumbersome. (iii) is not engaged in an ongoing basis in This situation reduces insurance avail- and they will work to improve access the business of soliciting direct insurance. ability, leaving policyholders unin- to the entire market for our con- (B) DETERMINATION.—A determination of sured and with little choice in pro- sumers. whether an insurer is a reinsurer shall be viders. Similarly, regulation of the re- b 1145 made under the laws of the State of domicile insurance market is outdated and Now, if we go into Title II legisla- in accordance with this paragraph. needs to be improved. (5) STATE.—The term ‘‘State’’ includes any Accordingly, H.R. 2571 specifies that tion, that section addresses several im- State of the United States, the District of only the tax policies, licensing and portant areas within the reinsurance Columbia, the Commonwealth of Puerto market. What the bill will do is create Rico, Guam, the Northern Mariana Islands, other regulatory requirements of the home State of the policyholder govern a procedure to establish a single sol- the Virgin Islands, and American Samoa. vency regulator for each reinsurer, TITLE III—RULE OF CONSTRUCTION a surplus lines transaction; it allows sophisticated commercial entities di- eliminate the extraterritorial applica- SEC. 301. RULE OF CONSTRUCTION. rect access to the surplus lines market; tion of State law with regards to rein- Nothing in this Act or amendments to this surance, and it also will provide for a Act shall be construed to modify, impair, or and it prohibits States from voiding es- tablished contractual arbitration more meaningful and really a sim- supersede the application of the antitrust plified process in determining the cred- laws. Any implied or actual conflict between agreements between reinsurers and pri- this Act and any amendments to this Act mary companies. it for reinsurance that the companies and the antitrust laws shall be resolved in Policyholders in a number of States will receive. So both the surplus lines favor of the operation of the antitrust laws. are facing skyrocketing rates. The and the reinsurance titles are vital to SEC. 302. SEVERABILITY. Nonadmitted and Reinsurance Reform promoting further harmonization for If any section or subsection of this Act, or Act provides commonsense solutions to transactions occurring across State any application of such provision to any per- the nonadmitted and reinsurance mar- lines and eliminating unnecessary red- son or circumstance, is held to be unconsti- ket. I urge my colleagues to support tape, which basically will help to re- tutional, the remainder of this Act, and the this bill. duce costs for consumers. application of the provision to any other per- So in this increasingly complex son or circumstance, shall not be affected. I reserve the balance of my time. Mr. GARRETT of New Jersey. I yield world, it is essential that consumers The SPEAKER pro tempore. Pursu- myself such time as I may consume. and businesses be able to purchase in- ant to the rule, the gentleman from Mr. Speaker, I would like to begin by surance from risks outside of their tra- Kansas (Mr. MOORE) and the gentleman thanking several people who played a ditional realm. And I believe this legis- from New Jersey (Mr. GARRETT) each significant role in getting us to where lation will further increase efficiency will control 20 minutes. we are today, starting, of course, with and reduce costs for these very impor- The Chair recognizes the gentleman the gentleman from Kansas (Mr. tant transactions. from Kansas. MOORE), who is the sponsor of the bill. Similar variations of this legislation, GENERAL LEAVE He has exhibited tremendous leader- as Mr. MOORE indicated, have passed Mr. MOORE of Kansas. Mr. Speaker, ship and persistence as well, as he indi- the House in the last two Congresses by I ask unanimous consent that all Mem- cated, in moving this legislation to the unanimous votes, and it is my hope bers have 5 legislative days within floor today, and so he should be com- that this bipartisan legislation will which to revise and extend their re- mended for his hard work. once again pass today unanimously. So marks on this legislation and to insert I would also like to congratulate the I ask all of my colleagues on both sides extraneous material thereon. gentlewoman from Florida (Ms. BROWN- of the aisle to support this legislation.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.017 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9363 I reserve the balance of my time. and that our Committee will be appro- SECTION 1. SHORT TITLE. Mr. MOORE of Kansas. Mr. Speaker, priately consulted and involved as the bill or This Act may be cited as the ‘‘Star-Span- I want to thank, again, my friend, the similar legislation moves forward, so that we gled Banner Commemorative Coin Act’’. may address any remaining issues in our ju- gentleman from New Jersey, SCOTT SEC. 2. FINDINGS. risdiction. The Committee also reserves the GARRETT, for his work on the bill. The The Congress finds as follows: right to seek appointment of an appropriate (1) During the Battle for Baltimore of the Nonadmitted and Reinsurance Reform number of conferees to any House-Senate Act provides bipartisan, commonsense War of 1812, Francis Scott Key visited the conference involving this or similar legisla- British fleet in the Chesapeake Bay on Sep- solutions to improve the regulation of tion, and requests your support for any such tember 7, 1814, to secure the release of Dr. the nonadmitted and reinsurance mar- request. William Beanes, who had been captured after kets. So I urge my colleagues to sup- I would appreciate your including this let- the British burned Washington, DC. port this bill. ter in the Congressional Record during con- (2) The release of Dr. Beanes was secured, Mr. BACHUS. Mr. Speaker, I want to ex- sideration of the bill on the House floor. but Key and Beanes were held by the British Thank you for your attention to this mat- press my support of H.R. 2571, the Non- during the shelling of Fort McHenry, one of ter, and for the cooperative working rela- the forts defending Baltimore. admitted and Reinsurance Reform Act of tionship between our two committees. 2009, and urge my colleagues to vote for its (3) On the morning of September 14, 1814, Sincerely, after the 25-hour British bombardment of passage under suspension of the rules today. JOHN CONYERS, Jr., Fort McHenry, Key peered through the clear- While there are many complex regulatory Chairman. ing smoke to see a 42-foot by 30-foot Amer- programs pending before our committee, ican flag flying proudly atop the Fort. today we are seeking to advance a modest HOUSE OF REPRESENTATIVES, (4) He was so inspired to see the enormous but long-overdue measure to streamline the COMMITTEE ON FINANCIAL SERVICES, flag still flying over the Fort that he began current system for surplus lines insurance and Washington, DC, September 9, 2009. penning a song, which he named The Defence Hon. JOHN CONYERS, for reinsurance. of Fort McHenry, to commemorate the occa- Chairman, Committee on the Judiciary, House sion and he included a note that it should be Surplus lines insurance, also known as of Representatives, Washington, DC. ‘‘nonadmitted’’ insurance, is highly specialized sung to the tune of the popular British mel- DEAR CHAIRMAN CONYERS: Thank you for ody To Anacreon in Heaven. property and casualty insurance for excep- your letter concerning H.R. 2571, the ‘‘Non- (5) In 1916, President Woodrow Wilson or- tional risks, such as hazardous materials or admitted and Reinsurance Reform Act of dered that the anthem, which had been popu- amusement parks. 2009.’’ This bill will be considered by the larly renamed the Star-Spangled Banner, be H.R. 2571 would adopt a ‘‘home state’’ ap- House shortly. played at military and naval occasions. proach to address inconsistencies in state reg- I want to confirm our mutual under- (6) On March 3, 1931, President Herbert standing with respect to the consideration of ulation of the surplus lines insurance market, Hoover signed a resolution of Congress that this bill. I acknowledge that portions of the officially designated the Star-Spangled Ban- and the bill generally follows the model law on bill fall within the jurisdiction of the Com- nonadmitted insurance adopted by the Na- ner as the National Anthem of the United mittee on the Judiciary and I appreciate States. tional Association of Insurance Commis- your cooperation in moving the bill to the sioners. House floor expeditiously. I further agree SEC. 3. COIN SPECIFICATIONS. This legislation also addresses reinsurance that your decision to not to proceed with a (a) $1 SILVER COINS.—The Secretary of the Treasury (hereafter in this Act referred to as in a similar way by designating the home state on this bill will not prejudice the Committee on the Judiciary with respect to the ‘‘Secretary’’) shall mint and issue the of the insurer purchasing reinsurance as the following coins in commemoration of the bi- primary regulator of credit for reinsurance and its prerogatives on this or similar legisla- tion. I would support your request for con- centennial of the writing of the Star-Spangled the home state of the reinsurer as the primary ferees on those provisions within your juris- Banner: regulator for the reinsurer’s solvency. diction in the event of a House-Senate con- (1) $5 GOLD COINS.—Not more than 100,000 $5 As an original cosponsor of H.R. 2571, I ference. coins, which shall— want to commend the bill’s primary sponsors, I will include your letter and this response (A) weigh 8.359 grams; Oversight and Investigations Subcommittee in the Congressional Record. Thank you (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent Chairman MOORE and Capital Markets Sub- again for your assistance. alloy. committee GARRETT. BARNEY FRANK, Chairman. (2) $1 SILVER COINS.—Not more than 500,000 They deserve credit for working together to $1 coins, which shall— move this bipartisan legislation through the Mr. MOORE of Kansas. I yield back (A) weigh 26.73 grams; House again this year and eventually we all the balance of my time. (B) have a diameter of 1.500 inches; and hope into law. Mr. GARRETT of New Jersey. I also (C) contain 90 percent silver and 10 percent I also want to commend Congresswoman yield back the balance of my time. copper. BROWN-WAITE, the original champion of this The SPEAKER pro tempore. The (b) LEGAL TENDER.—The coins minted effort in the 109th Congress as well as a lead question is on the motion offered by under this Act shall be legal tender, as pro- cosponsor in the 110th Congress and an origi- the gentleman from Kansas (Mr. vided in section 5103 of title 31, United States Code. nal cosponsor again in this Congress. MOORE) that the House suspend the (c) NUMISMATIC ITEMS.—For purposes of This will be the third time we are sending rules and pass the bill, H.R. 2571. sections 5134 and 5136 of title 31, United this important insurance reform proposal to the The question was taken; and (two- States Code, all coins minted under this Act other body, and I hope our colleagues across thirds being in the affirmative) the shall be considered to be numismatic items. the way will be able to see the value of enact- rules were suspended and the bill was SEC. 4. DESIGN OF COINS. ing H.R. 2571 soon. passed. (a) DESIGN REQUIREMENTS.— Mr. MOORE of Kansas. Mr. Speaker, I sub- A motion to reconsider was laid on (1) IN GENERAL.—The design of the coins mit the following exchange of letters regarding the table. minted under this Act shall be emblematic H.R. 2571. f of the War of 1812 and particularly the Battle HOUSE OF REPRESENTATIVES, for Baltimore that formed the basis for the COMMITTEE ON THE JUDICIARY, STAR-SPANGLED BANNER Star-Spangled Banner. Washington, DC, September 9, 2009. COMMEMORATIVE COIN ACT (2) DESIGNATION AND INSCRIPTIONS.—On each coin minted under this Act, there shall Hon. BARNEY FRANK, Mr. WATT. Mr. Speaker, I move to Chairman, Committee on Financial Services, be— House of Representatives, Washington, DC. suspend the rules and pass the bill (A) a designation of the value of the coin; DEAR CHAIRMAN FRANK: In recognition of (H.R. 2097) to require the Secretary of (B) an inscription of the year ‘‘2012’’; and the desire to expedite consideration of H.R. the Treasury to mint coins in com- (C) inscriptions of the words ‘‘Liberty’’, 2571, the Nonadmitted and Reinsurance Re- memoration of the bicentennial of the ‘‘In God We Trust’’, ‘‘United States of Amer- form Act of 2009, the Committee on the Judi- writing of the Star-Spangled Banner, ica’’, and ‘‘E Pluribus Unum’’. ciary agrees to waive formal consideration of and for other purposes. (b) SELECTION.—The design for the coins the bill as to provisions that fall within its The Clerk read the title of the bill. minted under this Act shall be— rule X jurisdiction. The text of the bill is as follows: (1) selected by the Secretary, after con- The Committee takes this action with our sultation with the Maryland War of 1812 Bi- mutual understanding that by foregoing con- H.R. 2097 centennial Commission and the Commission sideration of H.R. 2571 at this time, it does Be it enacted by the Senate and House of Rep- of Fine Arts; and not waive any jurisdiction over subject mat- resentatives of the United States of America in (2) reviewed by the Citizens Coinage Advi- ter contained in this or similar legislation, Congress assembled, sory Committee.

VerDate Nov 24 2008 03:41 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.045 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9364 CONGRESSIONAL RECORD — HOUSE September 9, 2009 SEC. 5. ISSUANCE OF COINS. The bill instructs the Secretary of spired, Key scribbled down a poem that (a) QUALITY OF COINS.—Coins minted under the Treasury to mint and issue $5 gold he later set to a British melody. More this Act shall be issued in uncirculated and coins and $1 silver coins in commemo- than a century later, an act of Con- proof qualities. (b) MINT FACILITY.—Only one facility of ration of the bicentennial of the writ- gress declared that tune was this Na- the United States Mint may be used to ing of the ‘‘Star-Spangled Banner.’’ tion’s anthem. strike any particular quality of the coins The issuing of this coin will would Mr. Speaker, as our Nation prepares minted under this Act. begin during the calendar year. The to mark the 8th anniversary of the (c) PERIOD FOR ISSUANCE.—The Secretary ‘‘Star-Spangled Banner’’ is set to September 11 terrorist attacks, we are may issue coins under this Act only during music to a poem entitled ‘‘In Defense reminded not only of the many chal- the calendar year beginning on January 1, of Fort McHenry’’ written in 1814 by lenges that this Nation has faced in its 2012. Francis Scott Key, who wrote the poem history, but the symbols and words SEC. 6. SALE OF COINS. (a) SALE PRICE.—The coins issued under after seeing the bombardment of Fort that have brought us together to en- this Act shall be sold by the Secretary at a McHenry in Baltimore, Maryland, by dure these trials. price equal to the sum of— the Royal British Navy during the War Five years from now the people of the (1) the face value of the coins; of 1812. The American victory and the State of Maryland will be joined by all (2) the surcharge provided in section 7 with sight of the large American flag that Americans in celebrating the bicenten- respect to such coins; and survived the 25-hour British bombard- nial of the writing of the ‘‘Star-Span- (3) the cost of designing and issuing the ment inspired the poem and the an- gled Banner.’’ H.R. 2097, the Star-Span- coins (including labor, materials, dies, use of gled Banner Commemorative Coin Act, machinery, overhead expenses, marketing, them. and shipping). In 1916, President Woodrow Wilson provides for the minting of coins in (b) BULK SALES.—The Secretary shall ordered that the anthem, which had commemoration of this historic event make bulk sales of the coins issued under been popularly renamed the ‘‘Star- and ensures that surcharges on the this Act at a reasonable discount. Spangled Banner,’’ be played at mili- sales of these coins will be used to sup- (c) PREPAID ORDERS.— tary and naval occasions. On March 6, port activities related to the bicenten- (1) IN GENERAL.—The Secretary shall ac- 1931, President Herbert Hoover signed a nial, including education and outreach cept prepaid orders for the coins minted resolution of Congress that officially activities. All of these will be done at under this Act before the issuance of such coins. designated the ‘‘Star-Spangled Ban- no cost to the taxpayers. (2) DISCOUNT.—Sale prices with respect to ner’’ as the national anthem of the I want to again commend my col- prepaid orders under paragraph (1) shall be United States. league from Maryland (Mr. at a reasonable discount. Throughout the course of American RUPPERSBERGER) for introducing this SEC. 7. SURCHARGES. history, the ‘‘Star-Spangled Banner’’ bipartisan measure. I urge its imme- (a) IN GENERAL.—All sales of coins issued has played a significant role in the de- diate passage. under this Act shall include a surcharge of— mocracy and freedom of this country I reserve the balance of my time. (1) $35 per coin for the $5 coin; and and symbolizes our enduring respect Mr. WATT. I yield to Mr. (2) $10 per coin for the $1 coin. for those who have fought and died to RUPPERSBERGER from Maryland as (b) DISTRIBUTION.—Subject to section 5134(f) of title 31, United States Code, all sur- preserve the future of this great na- much time as he may consume. charges received by the Secretary from the tion. Mr. RUPPERSBERGER. Thank you. sale of coins issued under this Act shall be In the 110th Congress, similar legisla- I rise today to ask my colleagues to paid to the Maryland War of 1812 Bicenten- tion passed the House and had 298 co- support H.R. 2097, the Star-Spangled nial Commission for the purpose of sup- sponsors. I again urge my colleagues to Banner Commemorative Coin Act. This porting bicentennial activities, educational support this legislation. legislation will create a commemora- outreach activities (including supporting I reserve the balance of my time. tive coin to honor America’s national scholarly research and the development of Mr. LEE of New York. Mr. Speaker, I anthem. I would particularly like to exhibits), and preservation and improvement yield myself such time as I may con- thank Chairman FRANK for his support. activities pertaining to the sites and struc- The United States Mint creates two tures relating to the War of 1812. sume. (c) AUDITS.—The Comptroller General of Mr. Speaker, I rise today in support commemorative silver coins each year. the United States shall have the right to ex- of H.R. 2097, the Star-Spangled Banner The topic is congressionally directed. amine such books, records, documents, and Commemorative Coin Act introduced All expenses of minting, design and other data of the Maryland War of 1812 Bi- by the gentleman from Maryland (Mr. production of the coin are included in centennial Commission as may be related to RUPPERSBERGER). the final selling price of the coin. This the expenditures of amounts paid under sub- This simple measure is designed to bill does not trigger any PAYGO rules section (b). ensure that the United States properly and is revenue neutral. (d) LIMITATION.—Notwithstanding sub- section (a), no surcharge may be included pays tribute to an important moment This happens to be the second time with respect to the issuance under this Act in its history, namely, the writing of I’ve gathered more than 290 cosponsors of any coin during a calendar year if, as of the ‘‘Star-Spangled Banner.’’ and have been on the floor to speak the time of such issuance, the issuance of The story of Francis Scott Key at about this bill. such coin would result in the number of com- Fort McHenry is familiar to Americans The $1 silver coin will be minted in memorative coin programs issued during old and young alike, but it bears some 2012 for the 200th anniversary of the such year to exceed the annual 2 commemo- retelling. It was on the night of Sep- War of 1812. Proceeds will help fund the rative coin program issuance limitation War of 1812 Bicentennial Commission, under section 5112(m)(1) of title 31, United tember 13, 1814, that Mr. Key nego- States Code (as in effect on the date of the tiated the release of Dr. William which will hold celebrations along the enactment of this Act). The Secretary of the Beanes, taken captive by the British east coast kicking off in June of 2012 Treasury may issue guidance to carry out and held on board a vessel in Baltimore and running through September of 2014. this subsection. Harbor. Not long after securing the These celebrations include a naval re- The SPEAKER pro tempore. Pursu- doctor’s release, Key and his party view, reenactment, festivals, historical ant to the rule, the gentleman from were not allowed to leave because they lectures, parades, the creation of a na- North Carolina (Mr. WATT) and the had become familiar with the British tional curriculum for students and the gentleman from New York (Mr. LEE) strength and positioning, as well as opportunity to honor the brave men each will control 20 minutes. their attack strategy. and women who withstood the British The Chair recognizes the gentleman Over the next 25 hours they waited in during the War of 1812. from North Carolina. the harbor as the British mercilessly My hometown of Baltimore is proud Mr. WATT. Mr. Speaker, I yield my- bombarded Fort McHenry, all while re- to be the home of America’s national self as much time as I may consume. maining out of range of U.S. firepower. anthem. During a nightlong attack on Mr. Speaker, I rise in strong support When the barrage ended, Key peered Baltimore by British forces, Francis of H.R. 2097, the Star-Spangled Banner out through the clearing smoke at day- Scott Key was held captive aboard a Commemorative Coin Act, and applaud break to see in the distance the flag of British ship in the Chesapeake Bay. my colleague, Mr. RUPPERSBERGER, for the United States, its 15 stars and 15 The morning after the bombardment, introducing the bill. stripes tattered but standing tall. In- he looked out his window and saw a

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.010 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9365 large American flag had survived the commemorative coins that are minted under GENERAL LEAVE the bill, and thus falls within the jurisdic- assault, still flying proudly over Fort Mr. WATT. I ask unanimous consent McHenry. He knew the American forces tion of the Committee on Ways and Means. However, as part of our ongoing under- that all Members may have 5 legisla- had successfully defended the city of tive days in which to revise and extend Baltimore at the fort. The next day, he standing regarding commemorative coin bills and in order to expedite this bill for their remarks and include extraneous was inspired to pen his famous poem in Floor consideration, the Committee will material on the bill just under consid- honor of that event. forgo action. This is being done with the un- eration. His brother-in-law, Judge Joseph H. derstanding that it does not in any way prej- The SPEAKER pro tempore. Is there Nicholson, set the poem to the tune of udice the Committee with respect to the ap- objection to the request of the gen- a popular British melody. A few days pointment of Conferees or its jurisdictional tleman from North Carolina? later, it was printed in Baltimore and prerogatives on this bill or similar legisla- There was no objection. quickly spread to newspapers from New tion in the future. f Hampshire to Georgia. The song gained I would appreciate your response to this popularity and was often played at letter, confirming this understanding with b 1200 respect to H.R. 2097, and would ask that a ´ public events and Fourth of July cele- copy of our exchange of letters on this mat- APPOINTING FRANCE A. CORDOVA brations. However, it would be many ter be included in the Record. TO BOARD OF REGENTS OF years before the ‘‘Star-Spangled Ban- Sincerely, SMITHSONIAN INSTITUTION ner’’ became our official national an- CHARLES B. RANGEL, Mr. BRADY of Pennsylvania. Mr. them. Chairman. Speaker, I move to suspend the rules In 1916, President Woodrow Wilson and pass the (S.J. Res. ordered that the song be played at HOUSE OF REPRESENTATIVES, 9) providing for the appointment of military events and other official occa- COMMITTEE ON FINANCIAL SERVICES, France A. Co´ rdova as a citizen regent sions. By the late 1920s, a consensus Washington, DC, September 8, 2009. of the Board of Regents of the Smithso- formed across the country that Amer- Hon. CHARLES B. RANGEL, Chairman, Committee on Ways and Means, nian Institution. ica needed an official anthem. John House of Representatives, Washington, DC. The Clerk read the title of the joint Philip Sousa, a famous U.S. composer, DEAR CHARLIE: I am writing in response to resolution. argued in favor of the ‘‘Star-Spangled your letter regarding H.R. 2097, the ‘‘Star- The text of the joint resolution is as Banner’’ and on March 3, 1931, Presi- Spangled Banner Commemorative Coin Act,’’ follows: dent Hoover signed legislation adopt- which was introduced in the House and re- S.J. RES. 9 ing it as the national anthem for the ferred to the Committee on Financial Serv- United States of America. For more ices on April 23, 2009. It is my understanding Resolved by the Senate and House of Rep- that this bill will be scheduled for floor con- resentatives of the United States of America in than 75 years, the ‘‘Star-Spangled Ban- Congress assembled, That, in accordance with ner’’ has evoked pride and patriotism sideration shortly. I wish to confirm our mutual under- section 5581 of the Revised Statutes (20 among Americans. U.S.C. 43), the vacancy on the Board of Re- I hope this collectable coin will in- standing on this bill. As you know, section 7 of the bill establishes a surcharge for the gents of the Smithsonian Institution, in the spire more Americans to learn the sale of commemorative coins that are mint- class other than Members of Congress, occur- lyrics of the ‘‘Star-Spangled Banner’’ ed under the bill. I acknowledge your com- ring by reason of the resignation of Eli and the role Baltimore played in the mittee’s jurisdictional interest in such sur- Broad of California is filled by the appoint- ´ history of our Nation during the War of charges as revenue matters. However, I ap- ment of France A. Cordova of Indiana. The appointment is for a term of 6 years, effec- 1812. preciate your willingness to forego com- mittee action on H.R. 2097 in order to allow tive on the later of April 7, 2009, or the date All Americans are welcome to come of enactment of this joint resolution. to Baltimore to visit Fort McHenry. the bill to come to the floor expeditiously. I The SPEAKER pro tempore. Pursu- Right now, Americans can enjoy the agree that your decision to forego further ac- tion on this bill will not prejudice the Com- ant to the rule, the gentleman from rich history of this country. There are mittee on Ways and Means with respect to Pennsylvania (Mr. BRADY) and the gen- Civil War battlefields being preserved; its jurisdictional prerogatives on this or tleman from California (Mr. DANIEL E. a Star-Spangled Banner trail being cre- similar legislation. I would support your re- LUNGREN) each will control 20 minutes. ated which runs through Maryland, the quest for conferees on those provisions with- The Chair recognizes the gentleman District of Columbia, and Virginia; and in your jurisdiction should this bill be the from Pennsylvania. the War of 1812 Commissions being or- subject of a House-Senate conference. ganized in States from New York to I will include this exchange of letters in GENERAL LEAVE Georgia. the Congressional Record when this bill is Mr. BRADY of Pennsylvania. Mr. Folks can visit the original Star- considered by the House. Thank you again Speaker, I ask that all Members have 5 for your assistance. Spangled Banner flag here in Wash- legislative days to revise and extend BARNEY FRANK, their remarks on this legislation. ington at the American Museum of Na- Chairman. tional History. The SPEAKER pro tempore. Is there I ask that my colleagues vote for Mr. WATT. Mr. Speaker, I simply en- objection to the request of the gen- H.R. 2097 and join me in honoring courage my colleagues to support this tleman from Pennsylvania? Francis Scott Key, ‘‘The Star-Spangled historic bill and thank Mr. There was no objection. Banner,’’ and the War of 1812—an event RUPPERSBERGER for its introduction. Mr. BRADY of Pennsylvania. Mr. that changed the history of our Nation. I yield back the balance of my time. Speaker, I yield myself as much time Mr. LEE of New York. Mr. Speaker, I The SPEAKER pro tempore. The as I may consume. have no further requests for time. question is on the motion offered by Mr. Speaker, this joint resolution ´ I yield back. the gentleman from North Carolina will appoint Dr. France Cordova as a citizen regent of the Smithsonian In- Mr. WATT. Mr. Speaker, I submit the fol- (Mr. WATT) that the House suspend the stitution for a 6-year term beginning lowing exchange of letters regarding H.R. rules and pass the bill, H.R. 2097. on the day of its enactment into law. 2097. The question was taken. HOUSE OF REPRESENTATIVES, The appointment would fill a long- The SPEAKER pro tempore. In the standing vacancy and would bring the COMMITTEE ON WAYS AND MEANS, opinion of the Chair, two-thirds being Washington, DC, September 8, 2009. Board of Regents back up to full in the affirmative, the ayes have it. Hon. BARNEY FRANK, strength again for the first time in sev- Chairman, Financial Services Committee, Mr. WATT. Mr. Speaker, on that I de- eral years. Washington, DC. mand the yeas and nays. Dr. Co´ rdova is the president of Pur- DEAR CHAIRMAN FRANK: I am writing re- The yeas and nays were ordered. due University in Indiana. She also garding H.R. 2097, the ‘‘Star Spangled Banner The SPEAKER pro tempore. Pursu- served as chief scientist at NASA in Commemorative Coin Act.’’ As you know, the Committee on Ways and ant to clause 8 of rule XX and the the 1990s. The members of the Com- Means maintains jurisdiction over bills that Chair’s prior announcement, further mittee on House Administration met raise revenue. H.R. 2097 contains a provision proceedings on this motion will be with her in July, and we found her to that establishes a surcharge for the sale of postponed. be very qualified to represent the

VerDate Nov 24 2008 03:41 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.048 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9366 CONGRESSIONAL RECORD — HOUSE September 9, 2009 American people on the Smithsonian’s than four years. She then earned a PhD in erect upon the Capitol Grounds such stage, governing body. Physics from the California Institute of Tech- sound amplification devices, and other re- I urge approval of the joint resolu- nology, and in 1997, she was awarded an lated structures and equipment as may be re- quired for the event. tion so that Dr. Co´ rdova can assume honorary doctorate by Loyola Marymount Uni- SEC. 4. ENFORCEMENT OF RESTRICTIONS. her seat in time for the Regents’ next versity. In 2007, Dr. Co´rdova moved to the The shall provide for meeting later this month. Hoosier State and was appointed the eleventh enforcement of the restrictions contained in I now reserve the balance of my time. president of Purdue University, as well as pro- section 5104(c) of title 40, United States Code, Mr. DANIEL E. LUNGREN of Cali- fessor of physics and astronomy for the Uni- concerning sales, advertisements, displays, fornia. Mr. Speaker, I yield myself such versity. and solicitations on the Capitol Grounds, as time as I may consume. Again, I commend the excellent work of Dr. well as other restrictions applicable to the As a member of the House Adminis- ´ Capitol Grounds, in connection with the Cordova and her many scientific contributions. event. tration Committee, I am pleased to Hoosiers are blessed to have the talent and The SPEAKER pro tempore. Pursu- support the appointment of Dr. France expertise of Dr. Co´rdova at Purdue University, ant to the rule, the gentlewoman from Co´ rdova to be a citizen regent of the and her appointment to the Smithsonian’s Smithsonian Institution. Dr. Co´ rdova the District of Columbia (Ms. NORTON) Board of Regents is a true honor for Indiana. and the gentleman from California (Mr. recently joined committee members to I am confident that she will prove a valuable DANIEL E. LUNGREN) each will control discuss her extensive educational back- asset in her new position at the Smithsonian ground and ongoing work which will be 20 minutes. The Chair recognizes the Institution. gentlewoman from the District of Co- of inestimable benefit to the ongoing Mr. BRADY of Pennsylvania. I yield lumbia. mission of the Smithsonian. Because back the balance of my time. GENERAL LEAVE she is so distinguished and is involved The SPEAKER pro tempore. The Ms. NORTON. Mr. Speaker, I ask in many activities, I did ask her wheth- question is on the motion offered by unanimous consent that all Members er she could give the time to this ap- the gentleman from Pennsylvania (Mr. may have 5 legislative days within pointment that it deserves, and she as- BRADY) that the House suspend the which to revise and extend their re- sured us that she could. She recognized rules and pass the joint resolution, S.J. marks and include extraneous material the importance of the Smithsonian In- Res. 9. on H. Con. Res. 136. stitution and felt that this was a more The question was taken; and (two- The SPEAKER pro tempore. Is there than worthy obligation on her part and thirds being in the affirmative) the objection to the request of the gentle- felt that it was a contribution she rules were suspended and the joint res- woman from the District of Columbia? would make to the American people. olution was passed. There was no objection. In addition to the many national A motion to reconsider was laid on Ms. NORTON. Mr. Speaker, I yield boards of which she is a member, Dr. the table. myself such time as I may consume. Co´ rdova serves as the 11th president of f Mr. Speaker, House Concurrent Reso- Purdue University in Indiana. She was lution 136 authorizes use of the Capitol AUTHORIZING USE OF CAPITOL the first woman chancellor of a Univer- Grounds for a celebration of Citizen- sity of California campus, but perhaps GROUNDS FOR CELEBRATION OF ship Day. This event will be sponsored also indicative of her leadership, in the CITIZENSHIP DAY by the National Korean American area of discovery, she was, I’m in- Ms. NORTON. Mr. Speaker, I move to Service and Education Consortium. formed, the youngest chief scientist at suspend the rules and agree to the con- The bill is sponsored by Congress- NASA. current resolution (H. Con. Res. 136) woman WATSON and has bipartisan sup- As a scientist, administrator, and on- authorizing the use of the Capitol port. going researcher, the richness of her Grounds for a celebration of Citizen- The event will be part of background in academic exploration ship Day. a national program for Korean Ameri- would be difficult to overstate. As the The Clerk read the title of the con- cans who will gather in Washington on Smithsonian Institution continues to- current resolution. that day. The date for the event is ward new achievements, I am confident The text of the concurrent resolution planned for September 17, 2009. Sep- that Dr. Co´ rdova will be a critical piece is as follows: tember 17 marks the anniversary of the in ensuring that James Smithson’s H. CON. RES. 136 ratification of the U.S. Constitution original intent, that the institution Resolved by the House of Representatives (the and is commemorated as Constitution would be ‘‘an establishment for the in- Senate concurring), Day and Citizenship Day. Citizenship crease and diffusion of knowledge,’’ is SECTION 1. USE OF CAPITOL GROUNDS TO CELE- Day was authorized by P.L. 108–447. As preserved with excellence. BRATE CITIZENSHIP DAY. is required of all events on the Capitol I would urge my colleagues to join (a) IN GENERAL.—The National Korean Grounds, this event will be free and me in supporting Dr. Co´ rdova’s ap- American Service and Education Consortium open to the public. (in this resolution referred to as the ‘‘spon- I support this resolution and reserve pointment to the Smithsonian’s Board sor’’) shall be permitted to sponsor a public the balance of my time. of Regents. event (in this resolution referred to as the Mr. DANIEL E. LUNGREN of Cali- Since I have no other speakers, I ‘‘event’’) on the Capitol Grounds to celebrate fornia. Mr. Speaker, I ask unanimous would yield back the balance of my Citizenship Day. consent that I might yield my time to time. (b) DATE OF EVENT.—The event shall be the gentleman from Florida (Mr. MARIO Mr. BRADY of Pennsylvania. I thank held on September 17, 2009, or on such other day as the Speaker of the House of Rep- DIAZ-BALART) to control. the ranking member on the House Ad- The SPEAKER pro tempore. Is there ministration Committee for his co- resentatives and the Committee on Rules and Administration of the Senate jointly objection to the request of the gen- operation, as always. designate. tleman from California? Mr. PENCE. Mr. Speaker, I rise to congratu- SEC. 2. TERMS AND CONDITIONS. There was no objection. ´ late Dr. France A. Cordova on her nomination (a) IN GENERAL.—Under conditions to be Mr. MARIO DIAZ-BALART of Flor- by the Smithsonian Institution’s Board of Re- prescribed by the ida. The chairwoman has just explained gents and appointment by joint resolution of and the Capitol Police Board, the event shall this legislation, and it is obviously one Congress to serve as one of the be— that I support. It authorizes the use of Smithsonian’s nine citizen regents. Her out- (1) free of admission charge and open to the the Capitol Grounds for a celebration standing scientific contributions in the areas of public; and of Citizenship Day, something that observational and experimental astrophysics, (2) arranged not to interfere with the needs many people take for granted and yet multi-spectral research on x-ray and gamma of Congress. we should not take for granted. This is (b) EXPENSES AND LIABILITIES.—The spon- ray sources, and space-borne instrumentation sor shall assume full responsibility for all the freest, the most wonderful, the make her an ideal candidate for this pres- expenses and liabilities incident to all activi- most generous country that God has tigious position. ties associated with the event. ever allowed men and women to create Born in France, Dr. Co´rdova attended high SEC. 3. EVENT PREPARATIONS. on this planet, and nothing is more sa- school in California and went on to graduate Subject to the approval of the Architect of cred than citizenship of this wonderful cum laude from Stanford University in less the Capitol, the sponsor is authorized to land.

VerDate Nov 24 2008 03:41 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.051 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9367 Again, it is wonderful that we are ac- H.R. 2498 a city councilman, and later held sev- tually going to be celebrating that Be it enacted by the Senate and House of Rep- eral different positions within the along with Constitution Day. The Con- resentatives of the United States of America in Democratic Party in Chicago. Con- stitution, again, is that document that Congress assembled, gressman Lipinski was eventually has allowed all of this enterprise to SECTION 1. DESIGNATION. elected to Congress in 1982 and served take place, limited government, which The Federal building located at 844 North in the 10 succeeding Congresses. Rush Street in Chicago, Illinois, shall be our Founding Fathers understood was Representative Lipinski retired in known and designated as the ‘‘William O. Li- 2005 and is succeeded by his son, Rep- the key to greatness. pinski Federal Building’’. So, again, she already explained what resentative DANIEL LIPINSKI. SEC. 2. REFERENCES. I urge my colleagues to support H.R. this does, allowing the use of the Cap- Any reference in a law, map, regulation, itol Grounds for a celebration of Citi- document, paper, or other record of the 2498, which names this building located zenship Day, and I would urge the United States to the Federal building re- at 844 North Rush Street in Chicago as adoption of this resolution. ferred to in section 1 shall be deemed to be the ‘‘William O. Lipinski Federal Mr. Speaker, I reserve the balance of a reference to the ‘‘William O. Lipinski Fed- Building.’’ my time. eral Building’’. I reserve the balance of my time, Mr. Ms. NORTON. I thank the gentleman. The SPEAKER pro tempore. Pursu- Speaker. I ask the gentleman if he has any fur- ant to the rule, the gentlewoman from Mr. MARIO DIAZ-BALART of Flor- ther speakers. the District of Columbia (Ms. NORTON) ida. Mr. Speaker, again, the chair- Mr. MARIO DIAZ-BALART of Flor- and the gentleman from Florida (Mr. woman described this very, very well. I ida. I do not. MARIO DIAZ-BALART) each will control want to add just one more thing. I’m Mr. Speaker, I yield back the balance 20 minutes. The Chair recognizes the not quite sure if she touched on it. Obviously he has a long and distin- of my time. gentlewoman from the District of Co- lumbia. guished career in this body and in the Mr. OBERSTAR. Mr. Speaker, I rise in sup- Transportation Committee as well, but GENERAL LEAVE port of House Concurrent Resolution 136, to he was also in the United States Army Ms. NORTON. Mr. Speaker, I ask authorize the use of the Capitol Grounds for a Reserve. And one of the things we public event to honor citizenship day. unanimous consent that all Members should never, never forget are those September 17th marks the anniversary of may have 5 legislative days within who are willing to serve in our Nation’s the ratification of the U.S. Constitution and is which to revise and extend their re- Armed Forces. He was willing to do so, commemorated as Constitution Day and Citi- marks and to include extraneous mate- and he did so honorably. zenship Day. It designates a time to honor the rial on H.R. 2498. So, again, naming this Federal build- Constitution of the United States and learn The SPEAKER pro tempore. Is there ing in Chicago after Representative Li- more about this famous piece of legislation. objection to the request of the gentle- pinski I think is an appropriate rec- Constitution Day and Citizenship Day also woman from the District of Columbia? ognition of his commitment to public recognizes ‘‘all those who, whether by coming There was no objection. service. of age or by naturalization, have become citi- Ms. NORTON. Mr. Speaker, I yield I do not believe that I have any other zens.’’ The day is intended to encourage ‘‘the myself such time as I may consume. speakers. Can I inquire if there are any complete instruction of citizens in their respon- Mr. Speaker, I rise in strong support other speakers? sibilities and opportunities as citizens of the of H.R. 2498 and am pleased today to Ms. NORTON. I have no other speak- United States and of the State and locality in speak in support of a bill that names a ers. which they reside.’’ Federal building located in Illinois as Does the gentleman have any other H. Con. Res. 136 authorizes the National the ‘‘William O. Lipinski Federal speakers? Korean American Service and Education Con- Building.’’ Mr. MARIO DIAZ-BALART of Flor- sortium to sponsor a free public event on the Representative William Lipinski was ida. I have no other speakers, so I Capitol Grounds to celebrate Citizenship Day a leader on the Public Works and would yield back the remaining part of on September 17, 2009. Transportation Committee and later my time. Activities on the Capitol Grounds conducted on the Transportation and Infrastruc- Mr. OBERSTAR. Mr. Speaker, I rise in under H. Con. Res. 136 will be coordinated ture Committee throughout the time of strong support of the bill, H.R. 2498, which I with the Architect of the Capitol, and will be his service in the Congress when he introduced, to designate the Federal building free and open to the public. represented the Third and Fifth Con- located at 844 North Rush Street in Chicago, I urge my colleagues to join me in sup- gressional District of Illinois. He Illinois, as the ‘‘William O. Lipinski Federal porting H. Con. Res. 136. served as a senior Democrat on the Building’’ in honor of our former colleague and Ms. NORTON. I yield back the re- Railroads Subcommittee, the Aviation national leader in transportation issues, Bill Li- mainder of my time and ask that the Subcommittee, and the Highways and pinski. bill be approved by the House. Transit Subcommittee. William O. Lipinski was born in Chicago, The SPEAKER pro tempore. The He had a lifelong passion to address and lived there for most of his life. He at- question is on the motion offered by transportation and connectivity issues tended Loras College in Dubuque, Iowa, and the gentlewoman from the District of in his district, whether it was pro- served in United States Army Reserves from Columbia (Ms. NORTON) that the House viding a local airport with access for fi- 1961 to 1967. After serving in the armed suspend the rules and agree to the con- nancing infrastructure improvements forces, he was active in public service in Chi- current resolution, H. Con. Res. 136. or providing public transit options to cago, Illinois. He served as an Alderman, a The question was taken; and (two- areas in his congressional district that city councilman, and several different positions thirds being in the affirmative) the lacked access. Representative Lipinski within the Democratic Party in Chicago. Wil- rules were suspended and the concur- also played a large role in national liam O. Lipinski was elected to Congress in rent resolution was agreed to. transportation policy by taking leader- 1982, where he went on to serve in 10 suc- A motion to reconsider was laid on ship roles in the past two transpor- ceeding Congresses. In his Congressional ca- the table. tation authorization bills that provided reer, Congressman Lipinski served as the sen- f funding for local priorities in high- ior Democrat on the Subcommittee on Rail- ways, highway safety, mass transit and roads, the Subcommittee on Aviation, and the WILLIAM O. LIPINSKI FEDERAL surface transportation programs. Subcommittee on Highways and Transit. BUILDING Representative Lipinski was born in Our colleague, Bill Lipinski, was a leader on Ms. NORTON. Mr. Speaker, I move to Chicago on December 22, 1937. He at- transportation issues while he represented the suspend the rules and pass the bill tended Loras College in Dubuque, Iowa, 3rd and 5th Congressional Districts of Illinois. (H.R. 2498) to designate the Federal and served in the United States Army He strongly advocated for the transportation building located at 844 North Rush Reserves from 1961 to 1967. After serv- and connectivity issues in his district, whether Street in Chicago, Illinois, as the ‘‘Wil- ing in the Armed Forces, Representa- it was providing a local airport with access for liam O. Lipinski Federal Building’’. tive Lipinski served in several different financing for infrastructure improvement or The Clerk read the title of the bill. public service capacities in Chicago, Il- providing public transit options to areas in his The text of the bill is as follows: linois. He was an alderman in Chicago, Congressional district that lacked access.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K09SE7.053 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9368 CONGRESSIONAL RECORD — HOUSE September 9, 2009 In the early 1990s, Congressman Lipinski (2) EXPENDITURE.—Amounts paid into the Mr. OBERSTAR. Mr. Speaker, H.R. 2121, was instrumental in securing the Passenger Federal Buildings Fund under paragraph (1) as amended, authorizes the Administrator of Facility Charge (PFC), which enabled airports shall be available to the Administrator, in the General Services Administration (GSA) to amounts specified in appropriations Acts, for ex- to finance infrastructure improvements. He penditure for any lawful purpose consistent transfer to the Galveston Historical Foundation also served in leadership roles in the past two with existing authorities granted to the Admin- the Federal property located at 502 20th St. surface transportation authorization bills, pro- istrator, except that the Administrator shall pro- Galveston, Texas. viding funding for highway, highway safety, vide to the Committee on Transportation and The parcel of real property is the 1861 U.S. and public transit programs. Infrastructure of the House of Representatives Custom House, one of the oldest buildings in It is most fitting that we honor his civic ca- and the Committee on Environment and Public Galveston, Texas, and was added to the Na- reer, his leadership role on the Committee on Works of the Senate 30 days advance written tional Register of Historic Places in 1970. The Transportation and Infrastructure, and his con- notice of any expenditure of the proceeds. Galveston Historical Foundation was incor- (e) ADDITIONAL TERMS AND CONDITIONS.—The tributions to the transportation industry with Administrator may require that any conveyance porated in 1954, and has since cultivated its this designation. under subsection (a) be subject to such addi- work to cover community redevelopment, pub- I urge my colleagues to join me in sup- tional terms and conditions as the Administrator lic education, historic preservation advocacy, porting H.R. 2498. considers appropriate to protect the interests of maritime preservation, and stewardship of his- Ms. NORTON. Mr. Speaker, I yield the United States. toric properties on Galveston Island. To date, back the balance of my time. The SPEAKER pro tempore. Pursu- the Galveston Historical Foundation has more b 1215 ant to the rule, the gentlewoman from than 2,000 members and has twice been the District of Columbia (Ms. NORTON) awarded the National Trust for Historic Preser- The SPEAKER pro tempore (Mr. PAS- and the gentleman from Florida (Mr. vation’s Honor Award. TOR of Arizona). The question is on the MARIO DIAZ-BALART) each will control In 1998, GSA and the Galveston Historical motion offered by the gentlewoman 20 minutes. Foundation entered into a long-term lease from the District of Columbia (Ms. The Chair recognizes the gentle- agreement with respect to the 1861 U.S. Cus- NORTON) that the House suspend the woman from the District of Columbia. tom House. In exchange for the Galveston rules and pass the bill, H.R. 2498. The question was taken. GENERAL LEAVE Historical Society rehabilitating the historical The SPEAKER pro tempore. In the Ms. NORTON. Mr. Speaker, I ask building, it was granted a long-term lease. opinion of the Chair, two-thirds being unanimous consent that all Members This bill allows the Galveston Historical Soci- in the affirmative, the ayes have it. may have 5 legislative days within ety to purchase the building outright. Ms. NORTON. Mr. Speaker, on that I which to revise and extend their re- H.R. 2121 would convey the property at fair demand the yeas and nays. marks and to include extraneous mate- market value to the Galveston Historical Foun- The yeas and nays were ordered. rial on H.R. 2121. dation. The proceeds will be deposited into the The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Is there Federal Building Fund. ant to clause 8 of rule XX and the objection to the request of the gentle- I urge my colleagues to join me in sup- Chair’s prior announcement, further woman from the District of Columbia? porting H.R. 2121. proceedings on this motion will be There was no objection. Mr. MARIO DIAZ-BALART of Flor- postponed. Ms. NORTON. Mr. Speaker, I yield ida. Mr. Speaker, I yield back the bal- myself such time as I may consume. ance of my time. f H.R. 2121, as amended, authorizes the Ms. NORTON. Mr. Speaker, I yield TRANSFER OF CERTAIN FEDERAL Administrator of General Services to back the balance of my time. PROPERTY TO GALVESTON HIS- convey a parcel of real property lo- The SPEAKER pro tempore. The TORICAL FOUNDATION cated at 502 20th Street in Galveston, question is on the motion offered by Ms. NORTON. Mr. Speaker, I move to Texas, to the Galveston Historical the gentlewoman from the District of suspend the rules and pass the bill Foundation subject to certain require- Columbia (Ms. NORTON) that the House (H.R. 2121) to provide for the transfer of ments, but not later than 90 days after suspend the rules and pass the bill, certain Federal property to the Gal- the date of enactment of the bill. H.R. 2121, as amended. veston Historical Foundation, as The bill was introduced by Congress- The question was taken; and (two- amended. man PAUL. The building is the U.S. thirds being in the affirmative) the The Clerk read the title of the bill. Custom House and is currently occu- rules were suspended and the bill, as The text of the bill is as follows: pied by the historical foundation, amended, was passed. H.R. 2121 which has a long-term lease on the fa- The title was amended so as to read: Be it enacted by the Senate and House of Rep- cility. In 1998, the historical foundation ‘‘A bill to authorize the Administrator resentatives of the United States of America in signed a cooperative agreement with of General Services to convey a parcel Congress assembled, the General Services Administration to of real property in Galveston, Texas, to SECTION 1. CONVEYANCE OF REAL PROPERTY IN permit the foundation to lease and re- the Galveston Historical Foundation.’’. GALVESTON, TEXAS, TO GALVESTON habilitate the building. Despite a dedi- A motion to reconsider was laid on HISTORICAL FOUNDATION. cated and unanimous commitment to the table. (a) CONVEYANCE.—Not later than 90 days after preservation, the building is not well f the date of enactment of this Act, the Adminis- suited for Federal tenants and the trator of General Services shall offer to convey, ALBERT ARMENDARIZ, SR., by quitclaim deed, to the Galveston Historical needs that we have for modern office Foundation all right, title, and interest of the space. UNITED STATES COURTHOUSE United States in and to the parcel of real prop- This bill allows the Galveston Histor- Ms. NORTON. Mr. Speaker, I move to erty located at 502 20th Street in Galveston, ical Society to purchase the building suspend the rules and pass the bill Texas, including the improvements thereon. outright at fair market value as deter- (H.R. 2053) to designate the United (b) CONSIDERATION.—As consideration for mined by the administrator. The pro- States courthouse located at 525 conveyance of the parcel under subsection (a), ceeds will be deposited into the Federal Magoffin Avenue in El Paso, Texas, as the Administrator shall require the Galveston building fund. The General Services Historical Foundation to pay to the Adminis- the ‘‘Albert Armendariz, Sr., United trator the fair market value of the parcel, as de- Administration supports the bill, and I States Courthouse’’. termined based on an appraisal that is accept- strongly urge its passage as Chair of The Clerk read the title of the bill. able to the Administrator. the Subcommittee. The text of the bill is as follows: (c) COSTS OF CONVEYANCE.—The Galveston Mr. Speaker, I reserve the balance of H.R. 2053 Historical Foundation shall be responsible for my time. the costs of an appraisal conducted under sub- Mr. MARIO DIAZ-BALART of Flor- Be it enacted by the Senate and House of Rep- section (b) and for all other costs related to the resentatives of the United States of America in ida. Mr. Speaker, I also support this Congress assembled, conveyance. resolution by the gentleman from (d) PROCEEDS.— SECTION 1. DESIGNATION. AUL (1) DEPOSIT.—Any proceeds received under Texas (Mr. P ). The chairwoman has The United States courthouse located at subsection (b) shall be paid into the Federal done a great job explaining what it 525 Magoffin Avenue in El Paso, Texas, shall Buildings Fund established under section 592 of does, and I would urge my colleagues be known and designated as the ‘‘Albert title 40, United States Code. to do the same. Armendariz, Sr., United States Courthouse’’.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.032 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9369 SEC. 2. REFERENCES. has explained this resolution. I obvi- I urge my colleagues to join me in sup- Any reference in a law, map, regulation, ously have no objection to the passage porting H.R. 2053. document, paper, or other record of the of this bill. And I also want to thank Mr. REYES. Mr. Speaker, it is with deep United States to the United States court- house referred to in section 1 shall be deemed the gentlelady for highlighting not pride that I rise in strong support of H.R. 2053, to be a reference to the ‘‘Albert Armendariz, only his distinguished career as a a bill that seeks to name the new El Paso Sr., United States Courthouse’’. judge, but also the fact that he was Federal courthouse after the late Judge Albert The SPEAKER pro tempore. Pursu- part of what is known as the greatest Armendariz, Senior. ant to the rule, the gentlewoman from generation. Judge Armendariz dedicated his life to ad- the District of Columbia (Ms. NORTON) Mr. HINOJOSA. Mr. Speaker, I rise today in vocating on behalf underserved communities and the gentleman from Florida (Mr. strong support of H.R. 2053, a bill to name the and it is through his leadership and tireless ef- MARIO DIAZ-BALART) each will control new El Paso Federal courthouse after the late forts that we witnessed an improved land- 20 minutes. Judge Albert Armendariz, Sr. scape for Latinos in Texas and nationwide. He The Chair recognizes the gentle- Judge Armendariz helped change the land- was a trailblazer who began his distinguished woman from the District of Columbia. scape for Latinos in Texas and nationwide. He legal career by opening his law office in down- GENERAL LEAVE dedicated his life to representing immigrants town El Paso with a $50 loan from his father. Ms. NORTON. Mr. Speaker, I ask and is best remembered for his work on the Judge Armendariz maximized that small in- unanimous consent that all Members landmark case, Hernandez v. the State of vestment by quickly becoming a national lead- may have 5 legislative days within Texas, which established Latinos as a distinct er who served on countless committees and which to revise and extend their re- class entitled to protection under the 14th boards that addressed the issues he would marks and to include extraneous mate- amendment. advance in his legal practice. Judge rial on H.R. 2053. Over his lifetime, Judge Armendariz had a Armendariz would go on to practice law in The SPEAKER pro tempore. Is there wide and varied career. Not only was he a dis- Texas for over 50 years and would argue be- objection to the request of the gentle- tinguished judge and civil rights leader, but he fore the United States Supreme Court. He is woman from the District of Columbia? was a WWII veteran, the founder of the Mexi- best remembered for his work on the land- There was no objection. can American Legal Defense and Educational mark case, Hernandez v. The State of Texas, Ms. NORTON. Mr. Speaker, I yield Fund (MALDEF), national president of the which established Latinos as a distinct class myself such time as I may consume. League of United Latin American Citizens entitled to protection under the 14th Amend- H.R. 2053 honors an outstanding (LULAC), a Federal immigration judge and ment. American jurist. Judge Albert founding board member of the Mexican Amer- Judge Armendariz graduated from El Paso Armendariz, Sr. had a long and distin- ican Bar Association of El Paso. High School in 1934. After graduation, he be- guished career of public service and In addition, in the late 1950s and early came a sergeant in the military and was re- was a true patriot of the United States 1960s, Judge Armendariz served on the El sponsible for overseeing the motor pool at Ft. of America. Paso Civil Service Commission and is credited Bliss in El Paso. He was later assigned to Judge Armendariz was a native with helping to open the city’s police and fire oversee the Italian prisoners of war at Ft. Texan. After he served his country in departments to Mexican-Americans. Bliss. When the war ended, he used the GI World War II, he left the U.S. Army Judge Armendariz gave so much to the El Bill to attend the University of Texas at El and used the GI bill to continue his Paso community and to our Nation. I urge all Paso for his undergraduate studies and then education. He graduated from the Uni- of my colleagues to support this resolution to the University of Southern California Law versity of Texas at El Paso, then the honor this great American. School, where he was the only Mexican-Amer- University of Southern California Law Mr. OBERSTAR. Mr. Speaker, I rise in sup- ican student at that time. School where he was the only Mexican port of H.R. 2053, which designates the U.S. Judge Armendariz was a proud American American in attendance. After grad- courthouse located at 525 Magoffin Avenue in who possessed a deep commitment to ensur- uating from USC law school in 1950, El Paso, Texas, in honor of Albert Armendariz, ing equal opportunity for all. In the late 1950’s Judge Armendariz returned to El Paso, Sr. and early 1960’s, Judge Armendariz served on Texas. Judge Armendariz was one of the most sig- the El Paso Civil Service Commission and is Early in his career, Judge nificant figures in Latino history, especially in credited with helping to open the city’s police Armendariz tackled discrimination the southwest region of the United States. He and fire departments to Mexican-Americans. In head on while serving on the El Paso was the president of the League of United 1976, Judge Armendariz was appointed an Civil Service Commission and pushing Latin American Citizens (LULAC), and the administrative judge for the Immigration and the agency to end discrimination founder of the Mexican American Legal De- Naturalization Service and served in that ca- against Latino applicants for civil fense Education Fund. He was a life-long pacity until 1985. He was later appointed to service positions. Judge Armendariz champion of civil rights, a fighter against rac- the 8th Court of Appeals of Texas. He was a also served as an immigration judge ism, and a defender of the underserved. founder of the Mexican American Legal De- within the U.S. Department of Justice. Judge Armendariz was a World War II vet- fense and Educational Fund (MALDEF); na- He was the first Latino judge to serve eran, and obtained his law degree from the tional president of the League of United Latin as a justice on the Eighth Judicial Dis- University of Southern California Law School. American Citizens (LULAC); and founding trict Court of Appeals for the State of Upon graduation, he returned to El Paso, board member of the Mexican American Bar Texas. where he set up his law office. He quickly be- Association of El Paso. In addition to his service in the gov- came a community leader and activist. Judge Armendariz was a great American ernment, Judge Armendariz also found His judicial legacy includes his work on Her- who gave so much to the El Paso community time to serve in leadership positions in nandez v. The State of Texas, which estab- and to our nation. I urge all Members to join several influential civic organizations lished Latinos as a protected class entitled to me in voting in favor of H.R. 2053. and helped form the influential Mexi- protection under the 14th amendment of the Mr. ORTIZ. Mr. Speaker, I want to take this can American Legal Defense and Edu- U.S. Constitution. Judge Armendariz also opportunity to support my colleague from cation Fund in 1968. served as an immigration judge within the U.S. Texas, Congressman SILVESTRE REYES, and Judge Armendariz had a never-ending Department of Justice. In addition, he was the his bill, H.R. 2053. passion for service to his community first Latino judge to serve as a Justice on the Albert Armendariz, Sr. was a great citizen and practiced law until his death at the Eighth Judicial District Court of Appeals for the and legal mind. His tireless work for the Latino age of 88 on October 4, 2004. Given his State of Texas. Judge Armendariz had a community and under-represented citizens is extraordinary service, it is fitting and never ending passion for service to his com- his legacy that will be long remembered. His proper to honor Judge Armendariz by munity and practiced law until his death at age work on the landmark case, Hernandez v. The designating the United States Court- 88 on October 4, 2007. State of Texas, is part of this legacy and our house located at 525 Magoffin Avenue Given his extraordinary service, it is fitting judicial history. This case established protec- in El Paso, Texas, in his honor. and proper to honor Judge Armendariz by tions under the 14th Amendment for Latinos Mr. Speaker, I reserve the balance of designating the United States courthouse lo- and was a step forward in the American Civil my time. cated at 525 Magoffin Avenue in El Paso, Rights Movement. Mr. MARIO DIAZ-BALART of Flor- Texas, as the ‘‘Albert Armendariz, Sr., United Judge Armendariz served his community of ida. Mr. Speaker, again, the gentlelady States Courthouse’’. El Paso, Texas, and his nation in WWII. He

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.014 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9370 CONGRESSIONAL RECORD — HOUSE September 9, 2009 attended the University of Southern California, There was no objection. After Florida voters adopted an School of Law and was the only Mexican- Ms. NORTON. Mr. Speaker, I yield amendment which created a seventh American graduate at that time. He was the myself such time as I may consume. justice in the State supreme court in founder of the Mexican American Legal De- Mr. Speaker, I rise in strong support 1940, Alto Lee Adams, Sr. was ap- fense and Educational Fund (MALDEF), a of H.R. 3193 and am pleased today to pointed to the court by then-Governor founding board member of the Mexican Amer- speak in support of a bill that names Fred P. Cone. He served as a justice on ican Bar Association of El Paso, and a federal the courthouse located in Fort Pierce, the Florida supreme court from 1940 to immigration judge. Florida, as the Alto Lee Adams, Sr. 1951 and 1967 to 1968, and as chief jus- Judge Armendariz dedicated his life to the United States Courthouse. tice from 1949 to 1951. El Paso community and to our nation and it is Judge Alto Lee Adams was born in Chief Justice Adams believed it was fitting that we honor him in this manner. 1899 in Florida and served as a member important to give back to his commu- I ask your support for this bill which will of the U.S. Navy in World War I. Judge nity and even served as president of the name the new El Paso Federal Courthouse Adams later graduated from the Uni- Florida State Elks Association in 1937. after the late Judge Albert Armendariz, Sr. versity of Florida Law School in 1921 His service to the St. Lucie community Mr. MARIO DIAZ-BALART of Flor- and began practice in Fort Pierce in served as an example to his children ida. Mr. Speaker, I yield back the bal- 1924. After practicing law in Fort and those who knew him. In addition ance of my time. Pierce County for 14 years, Judge to his distinguished career, Judge Ms. NORTON. Mr. Speaker, I yield Adams was appointed to the Florida Adams started a successful cattle back the balance of my time. State Circuit Court in 1938. After serv- ranch named Adams Ranch in St. Lucie The SPEAKER pro tempore. The ing as a circuit court judge, Judge County which is still run by the Adams question is on the motion offered by Adams served two stints as a member family. the gentlewoman from the District of of the Florida Supreme Court. He was Judge Adams set a standard of integ- Columbia (Ms. NORTON) that the House an active member of his community, rity and community service that lives suspend the rules and pass the bill, serving as president of the Florida on today, and I believe it’s only fitting H.R. 2053. State Elks Association and vice-chair that a new courthouse be named in his The question was taken; and (two- of the State Welfare Board. honor. thirds being in the affirmative) the Because of Judge Adams’ exemplary I would like to thank Chairman rules were suspended and the bill was career in public service as both a mem- OBERSTAR, Ranking Member MICA, Mr. passed. ber of the military and as a Florida Su- DIAZ-BALART, and their staff, for help- A motion to reconsider was laid on preme Court justice, I urge my col- ing support the moving of this legisla- the table. leagues to support H.R. 3193, which tion. I am proud to sponsor H.R. 3193 f names the Federal courthouse under and ask my colleagues for their sup- port. ALTO LEE ADAMS, SR., UNITED construction at 101 South United Mr. OBERSTAR. Mr. Speaker, I rise in sup- STATES COURTHOUSE States Route 1 in Fort Pierce, Florida, port of H.R. 3193, a bill to designate the as the Alto Lee Adams, Sr. United Ms. NORTON. Mr. Speaker, I move to United States courthouse under construction suspend the rules and pass the bill States Courthouse. Mr. Speaker, I reserve the balance of at 101 South United States Route 1 in Fort (H.R. 3193) to designate the United Pierce, Florida, as the ‘‘Alto Lee Adams, Sr., States courthouse under construction my time. Mr. MARIO DIAZ-BALART of Flor- United States Courthouse’’. at 101 South United States Route 1 in Alto Lee Adams, Sr. was born and raised in ida. Mr. Speaker, I would like to first Fort Pierce, Florida, as the ‘‘Alto Lee Walton County, Florida, and graduated from thank Representative ROONEY for his Adams, Sr., United States Court- the University of Florida Law School in 1921. leadership and work on this bill and house’’. After practicing law in Fort Pierce County for would like to also yield the distin- The Clerk read the title of the bill. 14 years, Judge Adams was appointed to the The text of the bill is as follows: guished gentleman from Florida 3 min- Florida state circuit court in 1938. H.R. 3193 utes. In 1940, Florida citizens voted for the cre- Be it enacted by the Senate and House of Rep- Mr. ROONEY. I thank the gentleman ation of a seventh seat on the State Supreme resentatives of the United States of America in for yielding. Court. Then-Governor Cone appointed Judge Congress assembled, Today is a great day for the residents Adams to the State’s highest court. He served SECTION 1. DESIGNATION. of Fort Pierce, Florida, and the Treas- on the Florida Supreme Court until 1951, the The United States courthouse under con- ure Coast. last two years as the Chief Justice. During this struction at 101 South United States Route 1 Over two decades ago, the late Con- time, Justice Adams authored one of his most in Fort Pierce, Florida, shall be known and gressman Tom Lewis and his district highly-regarded decisions in Taylor v. State, designated as the ‘‘Alto Lee Adams, Sr., director, Ann Decker, started the long United States Courthouse’’. which illustrated Justice Adam’s dedication to process of bringing a Federal court- civil rights. He wrote that ‘‘[a]s to the relative SEC. 2. REFERENCES. house to St. Lucie County. I was great- Any reference in a law, map, regulation, rights and duties, the law makes no [racial] document, paper, or other record of the ly honored that one of my first official distinction.’’ Justice Adams also continually United States to the United States court- events as Congressman was to partici- advocated for individual property rights over house referred to in section 1 shall be deemed pate in the historic groundbreaking of the Federal Government’s power of eminent to be a reference to the ‘‘Alto Lee Adams, this new building. Shortly thereafter, I domain. In 1967, then-Governor Kirk re-ap- Sr., United States Courthouse’’. introduced legislation to honor the dis- pointed Justice Adams to the State Supreme The SPEAKER pro tempore. Pursu- tinguished life and career of the late Court, where he remained on the court until ant to the rule, the gentlewoman from Florida supreme court chief justice, his mandatory retirement in 1968. the District of Columbia (Ms. NORTON) Alto Lee Adams, by naming this new Throughout his legal career, Justice Adams and the gentleman from Florida (Mr. building in his memory. co-authored a book and wrote several articles MARIO DIAZ-BALART) each will control This courthouse will fill a vital role regarding legal history and philosophy. His 13 20 minutes. for the city of Fort Pierce, bringing years of service on the Florida State Supreme The Chair recognizes the gentle- much-needed jobs and investment to Court are marked by his fairness on the woman from the District of Columbia. the community with a greatly needed bench. GENERAL LEAVE new Federal courthouse to the area. It He was also an active member of his com- Ms. NORTON. Mr. Speaker, I ask is only fitting that this courthouse be munity serving as President of the Florida unanimous consent that all Members named in honor of a man who himself State Elks Association and as Vice Chair of may have 5 legislative days within gave so much to his community. the State Welfare Board. which to revise and extend their re- Chief Justice Alto Lee Adams, Sr., Because of Judge Adams’ exemplary career marks and to include extraneous mate- attended the University of Florida Col- in public service, it is fitting to designate the rial on H.R. 3193. lege of Law and graduated in 1921. He United States Courthouse under construction The SPEAKER pro tempore. Is there practiced law in Fort Pierce from 1924 at 101 South United States Route 1 in Fort objection to the request of the gentle- to 1938 until he was appointed as a cir- Pierce, Florida, as the ‘‘Alto Lee Adams, Sr., woman from the District of Columbia? cuit court judge for St. Lucie County. United States Courthouse’’.

VerDate Nov 24 2008 03:41 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.037 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9371 I urge my colleagues to join me in sup- a unique crime prevention event that will Mr. SCOTT of Virginia. I yield myself porting H.R. 3193. demonstrate the importance and effective- such time as I may consume. Mr. MARIO DIAZ-BALART of Flor- ness of community participation in crime Mr. Speaker, this resolution supports ida. Mr. Speaker, I yield back the bal- prevention efforts; this year’s National Night Out events Whereas over 37,000,000 people in more than ance of my time. 15,000 communities from all 50 States, terri- coordinated by the National Associa- Ms. NORTON. Mr. Speaker, I yield tories, District of Columbia, and military tion of Town Watch and encourages the back the balance of my time. bases worldwide participated in National President to focus attention on neigh- The SPEAKER pro tempore. The Night Out in 2007; borhood crime prevention, community question is on the motion offered by Whereas National Night Out will celebrate policing and Federal efforts to partici- the gentlewoman from the District of its 26th anniversary on Tuesday, August 4, pate in various local events. The 26th Columbia (Ms. NORTON) that the House 2009, when citizens, businesses, local law en- Annual National Night Out, America’s suspend the rules and pass the bill, forcement officers, mayors, State and Fed- night out against crime, was held on eral officials, and others will celebrate H.R. 3193. ‘‘America’s Night Out Against Crime’’ and Tuesday, August 4, 2009. The question was taken; and (two- participate in events to support community The National Night Out is designed thirds being in the affirmative) the crime prevention; to promote crime and drug prevention rules were suspended and the bill was Whereas National Night Out is supporting efforts, create support for local anti- passed. the Department of Homeland Security’s crime programs and strengthen neigh- A motion to reconsider was laid on Ready campaign by handing out materials borhood camaraderie and police-com- the table. and educating and empowering the public on munity partnerships. Last year’s Na- how to prepare for, and respond to, potential f tional Night Out campaign involved terrorist attacks or other emergencies; citizens, law enforcement agencies, b 1230 Whereas National Night Out is supporting the National Child Identification Program, a civic groups, businesses, neighborhood NATIONAL NIGHT OUT joint partnership between the American organizations and local officials from Football Coaches Association and the Fed- over 15,000 communities from all 50 Mr. SCOTT of Virginia. Mr. Speaker, eral Bureau of Investigation, to provide iden- States, as well as U.S. territories, Ca- I move to suspend the rules and agree tification kits to parents to help locate miss- nadian cities and military bases world- to the resolution (H. Res. 623) request- ing children; wide. ing that the President focus appro- Whereas the National Sheriffs Association, In 2008, over 37 million people partici- priate attention on neighborhood crime the United States Conference of Mayors, and pated in National Night Out events. prevention and community policing, the National League of Cities have officially expressed support for National Night Out; National Night Out has the support of and coordinate certain Federal efforts many agencies and organizations, in- to participate in National Night Out, and Whereas citizens and communities that cluding the National Sheriffs Associa- which occurs the first Tuesday of Au- participate on August 4, 2009, will send a tion, the United States Conference of gust each year, including by supporting positive message to other communities and Mayors, and the National League of local efforts and community watch the Nation, showing their commitment to re- Cities. groups and by supporting local offi- duce crime and promote homeland security: On August 4, people from commu- cials, to promote community safety Now, therefore, be it nities around the country sat on their Resolved, That the House of Representa- and help provide homeland security. porches with their lights on to show The Clerk read the title of the resolu- tives— (1) supports the goals and ideals of Na- their support for neighborhood crime tion. tional Night Out; and prevention and drug abuse prevention The text of the resolution is as fol- (2) requests that the President— efforts. Local sponsors also organized lows: (A) issue a proclamation calling on the events such as block parties, cookouts, H. RES. 623 people of the United States to conduct ap- parades and visits with local law en- Whereas neighborhood crime is of con- propriate ceremonies, activities, and pro- forcement agencies, as well as rallies tinuing concern to the American people; grams to demonstrate support for National and marches. National Night Out Whereas child safety is a growing concern Night Out; (B) focus appropriate attention on neigh- events have become a very popular way for parents and communities, as evidenced to build police-community relations by several cases of missing and abducted borhood crime prevention, community polic- children; ing, and reduction of school crime by deliv- and to encourage people to volunteer in Whereas homeland security remains an im- ering speeches, convening meetings, and di- their communities. portant priority for communities and the recting the Administration to make crime For those reasons, Mr. Speaker, I Nation; reduction an important priority; and urge my colleagues to support the reso- Whereas crime, drugs, and violence in (C) coordinate the efforts of the Federal lution introduced by the gentleman Emergency Management Agency, the USA schools is of continuing concern to the from Michigan (Mr. STUPAK). American people due to the recent high-pro- Freedom Corps, the Citizen Corps, the Na- I reserve the balance of my time. tional Senior Service Corps, and AmeriCorps file incidents that have resulted in fatalities Mr. POE of Texas. Mr. Speaker I at several schools in the United States; to participate in National Night Out by sup- porting local efforts and neighborhood yield myself such time as I may con- Whereas the fight against neighborhood sume. crime requires people to work together in co- watches and by supporting local officials, in- operation with law enforcement personnel; cluding law enforcement personnel, to pro- I want to thank the gentleman from Whereas neighborhood crime watch organi- vide homeland security and combat ter- Michigan (Mr. STUPAK) for sponsorship zations effectively promote awareness about, rorism in the United States. of this legislation. and the participation of volunteers in, crime The SPEAKER pro tempore (Mr. PAS- On August 4, 2009, communities, busi- prevention activities at the local level; TOR of Arizona). Pursuant to the rule, nesses, local law enforcement officials Whereas neighborhood crime watch groups the gentleman from Virginia (Mr. and other individuals from all 50 States can contribute to the Nation’s war on drugs SCOTT) and the gentleman from Texas got together for what we call National by helping to prevent communities from be- (Mr. POE) each will control 20 minutes. Night Out. National Night Out, an an- coming markets for drug dealers; The Chair recognizes the gentleman Whereas neighborhood crime watch pro- nual event created to bring attention grams play an integral role in combating do- from Virginia. to the importance of community in- mestic terrorism by increasing vigilance and GENERAL LEAVE volvement in preventing crime and awareness and encouraging citizen participa- Mr. SCOTT of Virginia. Mr. Speaker, community awareness efforts through- tion in community safety and homeland se- I ask unanimous consent that all Mem- out the country. It has successfully curity; bers have 5 legislative days to revise reached millions of people and thou- Whereas community-based programs in- and extend their remarks and to in- sands of communities in every State in volving law enforcement, school administra- clude extraneous material on the reso- our Nation. tors, teachers, parents, and local commu- Not only has the event grown in par- nities work effectively to reduce school vio- lution under consideration. lence and crime and promote the safety of The SPEAKER pro tempore. Is there ticipation and size, but in production children; objection to the request of the gen- as well. The traditional ‘‘lights on,’’ in Whereas citizens throughout the United tleman from Virginia? which neighborhood families coordi- States will take part in National Night Out, There was no objection. nate in turning on their porch lights,

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.033 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9372 CONGRESSIONAL RECORD — HOUSE September 9, 2009 has grown to include block parties, I would like to thank my Law En- letting them know that neighborhoods neighborhood walks, police meetings, forcement Caucus cochair, Congress- are organized and are fighting back. cookouts and even parades. man DAVE REICHERT, for introducing It also sends a strong message to vol- Mr. Speaker, this is the only time of this resolution with me. unteers and neighbors and block lead- the year that many neighbors see each National Night Out, an annual na- ers that their hard work is not going other. My grandfather used to say that tionwide grassroots crime prevention unnoticed by this Congress and this ad- people quit being as neighborly when event, took place on Tuesday, August ministration. When people volunteer in builders quit building front porches on 4, and will actually take place in Texas their community, they are telling the their homes. Anyway, National Night on October 6, 2009. I appreciate the world that their neighborhood matters, Out gives people the chance to visit work of the Judiciary Committee and that their neighborhood is important, with each other and be neighborly. Chairman CONYERS and Chairman and that it has value. And we hear House Resolution 623 calls on the ad- SCOTT in placing this resolution on the them, Mr. Speaker. ministration not only to highlight and House calendar. In these difficult times, volunteering urge participation in this nationwide However, I must admit I am dis- is critical to supporting both our campaign, but also to coordinate Fed- appointed in the partisan, obstruc- neighbors and our communities. While eral efforts in other community crime- tionist tactics that precluded the rec- neighborhood watch groups work tire- prevention initiatives. ognition of National Night Out in a lessly every night throughout this The resolution reminds us that crime timely fashion in July. I am dis- country, a special night of the year is is local. Crime affects all Americans, appointed that this truly bipartisan reserved to celebrate National Night regardless of where they live or who resolution, that has been introduced Out. they are. In my 30 years as a pros- year after year and passed by this And on the first Tuesday of every Au- ecutor and a former judge, I saw for House urging citizens to take back gust, nearly 37 million Americans gath- myself the terrible toll that crime puts their streets from criminals, is hi- er together to participate in National on neighborhoods and on families and jacked by partisan politics. Now, a Night Out, walking door to door, hand- individuals. month later, we have to talk about this ing out important safety information, We all suffer. Crime, especially vio- year’s event in the past tense. greeting old neighbors and meeting lent crime, is a national health con- This year’s event did bring together some new people on their block. It cern. Volunteer organizations such as citizens, law enforcement agencies and takes a community to keep a neighbor- neighborhood crime watch groups have civic groups throughout the United hood safe, and on August 4 people proven to be invaluable, not just in States. As Chairman SCOTT said, about across America helped keep their awareness and prevention, but also in 15,000 communities participated to neighborhoods just that much safer. their coordination with local law en- heighten crime and drug prevention This August 4, I had the honor to par- forcement. awareness and to strengthen neighbor- ticipate in the 26th Annual National National Night Out was created in hood spirit and police-community part- Night Out in Akron. It was a great ex- 1984 to help bring members of our com- nerships. perience, and I hope to participate munities together to fight the scourge National Night Out is the largest, again next year, along with millions of of crime in local neighborhoods. Since most cost-effective crime prevention my fellow crime fighting Americans. then, it has been the mission of Asso- campaign. Whether it is stopping ille- I commend the gentleman again for ciation of Town Watch and National gal drug sales, making schools safer, bringing the resolution to the floor. Night Out to send a message to crimi- locating missing children or remaining Mr. POE of Texas. We have no other nals that neighborhoods and commu- vigilant against terrorism, local law speakers, Mr. Speaker. nities are united in their fight against enforcement officials depend on the I will close by saying that this is a criminal conduct. Through the partici- support of community networks to suc- bipartisan piece of legislation. This pation in local crime fighting programs ceed. body here contains many former law and organizations, every American can This high profile, high impact Na- enforcement officers, peace officers, make a difference in the safety of their tional Night Out sends a message to sheriffs, prosecutors, former judges, community. Strong communities are criminals, letting them know that and victims of crime as well. Crime safer communities. neighborhoods are organized and fight- knows no boundaries in this country, In today’s world, crime and violence ing back. The active involvement of and it affects all of us. This legislation can be found everywhere we look. citizens and the presence of law en- is a stand for the volunteers who sup- Urban communities, rural commu- forcement in our communities is a win- port National Night Out and the good nities, parks and even our schools. And ning combination that makes and work that they do. while Federal coordination with local keeps neighborhoods safe. I strongly urge the adoption of this law enforcement plays a tremendous The Stupak-Reichert resolution ex- resolution. role in curbing criminal activity, the presses Congress’ support for commu- Mr. REICHERT. Mr. Speaker, I rise today in coordination of local law enforcement nity crime prevention and asks that support of H. Res. 623, which requests that officials, volunteer groups and commu- the President focus Federal attention the President focus appropriate attention on nity leaders and neighbors is, without on this issue. I urge all our Members to neighborhood crime prevention and coordinate a doubt, the most effective way of at- support this resolution. Federal efforts to participate in National Night tacking crime and protecting Amer- Mr. POE of Texas. I reserve the bal- Out. ica’s families. ance of my time. Today our suburban communities and So I urge all my colleagues to sup- Mr. SCOTT of Virginia. Mr. Speaker, neighborhoods throughout the nation are port this resolution. I yield such time as she may consume under attack. When our children are no longer I reserve the balance of my time. to the gentlelady from Ohio, a strong free to play outside after school and families Mr. SCOTT of Virginia. Mr. Speaker, supporter of law enforcement, Ms. SUT- no longer feel safe in their suburban commu- I yield such time as he may consume to TON. nities because gangs, and all the violence and the sponsor of the resolution, a law en- Ms. SUTTON. I thank the gentleman drugs they bring with them, have spread to forcement officer himself, the gen- for the time and for his leadership on their communities; and when children are no tleman from Michigan (Mr. STUPAK). this very important issue. longer safe in their own homes because thou- Mr. STUPAK. I thank the gentleman I rise today, Mr. Speaker, in strong sands of sex offenders are online just waiting for yielding. support of H. Res. 623, and I commend for their next prey; when the ‘‘bad guy’’ has no Mr. Speaker, I rise in support of the Representative STUPAK for bringing face and there are no boundaries thanks to Stupak-Reichert resolution, House this great resolution to the floor. the Internet—our very freedom itself is threat- Resolution 623. This resolution com- National Night Out is an innovative ened. memorates the 26th Annual National and unique crime fighting tool, and the National Night Out is an extraordinary op- Night Out event, which is sponsored by administration’s support for this effort portunity for citizens, law enforcement, busi- the National Association of Town is critically important. This resolution nesses, and local officials to come together to Watch. sends a strong message to criminals, raise awareness about these threats and fight

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\K09SE7.065 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9373 crime where we live. Last year, over 37 million having answered the call to duty as members let us also remember the great compas- people participated in National Night Out. of our nation’s armed forces, with thousands sion that Americans showed each other As a former Sheriff, I know how important it having given their lives, or been injured to following the attacks. They donated defend our nation’s security and prevent fu- blood, searched through wreckage, and is to foster relationships between the commu- ture terrorist attacks; nity, law enforcement and local businesses Whereas the entire nation witnessed and sat to comfort one another. The service and organizations. By coming together we shared in the tragedy of 9/11 and in the im- of volunteers helped our country really can create safer places for our children mediate aftermath of the September 11 at- through their time of crisis, as it has to grow and thrive. tacks became unified under a remarkable so often during our history. I urge all my colleagues to support H. Res. spirit of service and compassion that in- It is in their spirit that we observe 623 and community policing efforts throughout spired and helped heal the nation; the anniversary of the attacks by not their communities. Whereas in the years immediately fol- only remembering those lost and in- Mr. POE of Texas. I yield back the lowing the September 11, 2001, attacks, the jured on September 11, 2001, but by U.S. Bureau of Labor Statistics documented balance of my time. serving our fellow Americans in their a marked increase in volunteerism among honor. This is the proper tribute to Mr. SCOTT of Virginia. Mr. Speaker, citizens in the United States; I thank the gentleman from Michigan Whereas families of 9/11 victims, survivors, those who served those in need on that for his introduction of the resolution first responders, rescue and recovery work- day. and urge support of the resolution. ers, and volunteers called for Congress to I am proud that we are taking time I yield back the balance of my time. pass legislation to formally authorize the es- today to recognize these heroic volun- The SPEAKER pro tempore. The tablishment of September 11 as an annually teers. I would like to thank the leader- question is on the motion offered by recognized ‘‘National Day of Service and Re- ship for allowing us to bring this bill to membrance’’, and for the President of the the floor today. the gentleman from Virginia (Mr. United States to proclaim the day as such; SCOTT) that the House suspend the Whereas in 2004, Congress unanimously b 1245 rules and agree to the resolution, H. passed H. Con. Res. 473, expressing the sense I would also like to thank the rank- Res. 623. of Congress that it is appropriate to observe ing member of the Committee on Over- The question was taken; and (two- the anniversary of the September 11, 2001, at- sight and Government Reform, Mr. thirds being in the affirmative) the tacks with voluntary acts of service and compassion; ISSA of California, for his support of rules were suspended and the resolu- the bill. I urge my colleagues to join us tion was agreed to. Whereas hundreds of thousands of people in the United States from all 50 States, as well in supporting it. A motion to reconsider was laid on as others who live in 170 different countries Mr. Speaker, I reserve the balance of the table. already observe the anniversary of the Sep- my time. f tember 11, 2001, attacks each year by person- The SPEAKER pro tempore. Without ally engaging in service, good deeds, and RECOGNIZING SEPTEMBER 11 AS A objection, the gentleman from Cali- other charitable acts; and fornia (Mr. BILBRAY) will control 20 NATIONAL DAY OF SERVICE AND Whereas, on March 31, 2009, Congress REMEMBRANCE minutes. passed the Edward M. Kennedy Serve Amer- There was no objection. Mr. TOWNS. Mr. Speaker, I move to ica Act, which included for the first time au- Mr. BILBRAY. Mr. Speaker, I yield suspend the rules and agree to the reso- thorization and Federal recognition of Sep- tember 11 as a ‘‘National Day of Service and myself such time as I may consume. lution (H. Res. 718) Recognizing Sep- Remembrance’’, a bill signed into law on The resolution before us is a commit- tember 11 as a ‘‘National Day of Serv- April 21, 2009, by President Barack Obama: ment to reaffirm a sense of urgency, of ice and Remembrance’’. Now, therefore, be it reminding all of us of the crisis that The Clerk read the title of the resolu- Resolved, That the House of Representa- occurred not so long ago in the crum- tion. tives— bling towers in New York and the crisis The text of the resolution is as fol- (1) calls upon all people in the United at the Pentagon and in Pennsylvania. I lows: States to annually observe a ‘‘National Day appreciate the chairman bringing this of Service and Remembrance’’, with appro- H. RES. 718 priate and personal expressions of reflection, item before us, and as a representative Whereas, on September 11, 2001, terrorists including performing good deeds, attending of the minority on the committee, I ruthlessly attacked the United States lead- memorial and remembrance services, and want to strongly urge its support. ing to the tragic deaths and injuries of thou- voluntarily engaging in community service I appreciate the fact that the gen- sands of innocent United States citizens and or other charitable activities of their own tleman has worked in a bipartisan other citizens from more than 90 different choosing in honor of those who lost their fashion. I think this is one committee countries and territories; lives or were injured in the September 11, where the chairman and ranking mem- Whereas in response to the attacks in New 2001, attacks, in tribute to those who rose to ber have proven that Washington, espe- York City, Washington, DC, and Shanksville, come to the aid of those in need, and in de- cially the House of Representatives, Pennsylvania, firefighters, police officers, fense of our Nation; and can work in a cooperative manner, and emergency medical technicians, physicians, (2) urges all people in the United States to nurses, military personnel, and other first continue to live their lives throughout the I think if there is any place the Amer- responders immediately and without concern year with the same spirit of unity, service, ican people not only expect but demand for their own well-being rose to service, in a and compassion that was exhibited through- that we find that bipartisan ground, I heroic attempt to protect the lives of those out the Nation following the September 11, think we have found it in this resolu- still at risk, consequently saving thousands 2001, terrorist attacks. tion and on this issue. of men and women; The SPEAKER pro tempore. Pursu- Mr. Speaker, I reserve the balance of Whereas in the immediate aftermath of the ant to the rule, the gentleman from my time. attacks, thousands of recovery workers in- New York (Mr. TOWNS) and the gen- Mr. TOWNS. Mr. Speaker, I yield 3 cluding trades personnel, iron workers, minutes to the gentleman from New equipment operators, and many others, tleman from Texas (Mr. POE) each will joined with firemen, police officers, and mili- control 20 minutes. York (Mr. ENGEL). tary personnel to help to search for and re- The Chair recognizes the gentleman Mr. ENGEL. Mr. Speaker, I thank cover victims lost in the terrorist attacks; from New York. the chairman and my good friend from Whereas in the days, weeks, and months GENERAL LEAVE New York for yielding to me. following the attacks, thousands of people in Mr. TOWNS. Mr. Speaker, I ask Mr. Speaker, September 11 will al- the United States and others spontaneously unanimous consent that all Members ways have a special meaning in our volunteered to help support the rescue and may have 5 legislative days in which to hearts and in our lives. I guess the pre- recovery efforts, braving both physical and revise and extend their remarks. vious generation, when you said De- emotional hardship; The SPEAKER pro tempore. Is there cember 7, Pearl Harbor Day, that was Whereas many first responders, rescue and objection to the request of the gen- something that stuck in their minds. recovery workers, and volunteers, as well as But, for us, September 11 is a date that survivors of the 9/11 terrorist attacks, con- tleman from New York? tinue to suffer from serious medical illnesses There was no objection. will live, as President Roosevelt said, and emotional distress related to the phys- Mr. TOWNS. I yield myself such time in infamy. ical and mental trauma of the 9/11 tragedy; as I may consume. September 11 showed us the worst in Whereas hundreds of thousands of brave As we take time today to remember people, the terrorists that killed ap- men and women continue to serve every day, the tragic events of September 11, 2001, proximately 2,000 people in New York

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.034 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9374 CONGRESSIONAL RECORD — HOUSE September 9, 2009 and at the Pentagon and in Pennsyl- forget. It is a day that will just be em- it was, it is also a day from which tre- vania, but it also showed the best in bedded into us because of the terrible mendous good came from that. So let’s people, New Yorkers and others who horror, the tragedy, all that occurred go forward. Let’s adopt this legislation came to try to save people, certainly at on that day, but also because of the in the spirit of what happened on Sep- the World Trade Center. tremendous valor, the tremendous tember 11, both in memory of those Every week when I go back to New dedication, and the tremendous sense who were murdered and in honor of York, I look at the skyline of New of courage which was also dem- those who gave their lives, and in York and something is missing. It al- onstrated on that day. honor of those who in the days after- ways feels, to me, empty. It always I lost probably 150 constituents, wards, as Congressman ENGEL said, not feels wrong. Of course, the Twin Tow- friends, neighbors that day, and that is just from New York but from all over ers of the World Trade Center are miss- just all throughout downstate New the country, came to Lower Manhat- ing. But as much as I have pain in my York. Almost every Member of Con- tan, came to the World Trade Center, heart for the missing towers, it is noth- gress can say the same thing about the came to the Pentagon, went to Penn- ing like the pain in my heart and the large numbers of deaths in their dis- sylvania to try to do what they could grief I have for the thousands of people tricts and their friends, their neighbors to help those and to take part in the that were killed and for their families. who were murdered that day. rescue operation and recovery oper- I was very proud to be a New Yorker So it is really important, as we go ation and really showed the unity of that day. I said it on the floor of this forward, that September 11 never just the Nation, maybe as never before. House soon afterwards 8 years ago. I be a day, never just be a holiday, never With that, again, I thank the chair- am still very, very proud to be a New just be a day where maybe some people man, I thank the ranking member, I Yorker. get off and some don’t or a day that certainly thank Congresswoman MAT- But there is still much more work to you use to go shopping. It should be a SUI, and I urge the adoption of the reso- be done. We have been fighting for day where we find a way to remind our- lution. years for a health care bill that would selves of the sacrifice of that day, of Mr. TOWNS. Mr. Speaker, I yield 5 enable first responders and good Sa- the police officers and the firefighters minutes to the gentlewoman from Cali- maritans who came to the World Trade and the EMTs and construction work- fornia (Ms. MATSUI), who really is re- Center day in and day out, digging ers who actually ran into the burning sponsible for us being here today. I sometimes with their bare hands to try towers and suffered those incalculable want to thank her for her insight and, to find victims and who very often did deaths, 343 firefighters, 60 police offi- of course, making it possible for us to find victims, and now who are suffering cers, a number of EMTs, a number of recognize people who really contrib- from irreparable injuries to their lungs construction workers, all of whom were uted so much on September 11. and to their health. We need a bill, and killed rescuing people that day. Ms. MATSUI. Thank you very much, the New York delegation has been Mr. Speaker, just as a historical Mr. Chairman. fighting for a bill that will take care of note, this legislation initiated from an Mr. Speaker, I rise today in support these people who, by the way, come organization called MyGoodDeed, and of House Resolution 718, which recog- from all 50 States, and we need to do this organization, one of the founders nizes September 11 as a National Day that. This Congress needs to do that. was Jay Winuk. His brother Glenn was of Service and Remembrance. On April But also, as Mr. TOWNS said, we need a constituent of mine. 21 of this year, with Senator Ted Ken- to remember those people, the people Glenn was actually working in Lower nedy standing by his side, President who perished and the thousands of peo- Manhattan that day as a lawyer, but he Obama signed into law the Edward M. ple who came to the aid of and to help was also a volunteer firefighter. After Kennedy Serve America Act. This land- the victims, to save their lives, to es- he evacuated his own building, he ran mark legislation makes historical in- cort them to safety, to come and try to into the World Trade Center and was vestments in both national and com- find people in the rubble. That again killed. Just this past week, he was fi- munity service programs and helps to showed the best of humanity, the best nally awarded the 9/11 Medal of Valor. facilitate the extraordinary interest in of Americans, the best of New Yorkers, But the Winuk family, in honor of volunteerism we are seeing throughout the best of what this country has to Glenn, who really personified Sep- the country and in my hometown of offer. tember 11 in that he was one of both a Sacramento certainly, too. Again, Mr. Speaker, September 11 civilian and a firefighter, who in both The Serve America Act also des- will obviously never be the same and capacities performed so brilliantly that ignates September 11 of every year as a will hold a special meaning. I generally day, his family was the starter of this National Day of Service and Remem- have not attended meetings or any organization, which was the genesis of brance. This year, and with this resolu- kind of things on that day in the 8 this legislation. tion, we are recognizing the observance years because it is, for me, a day of re- The SPEAKER pro tempore. The of the first-ever federally recognized flection, but I am very, very proud that time of the gentleman has expired. National Day of Service and Remem- this Congress is taking up this resolu- Mr. BILBRAY. I yield the gentleman brance. tion, and I urge my colleagues to sup- an additional 2 minutes. This bipartisan resolution calls upon port it. Mr. KING of New York. Mr. Speaker, all Americans to engage in community Mr. BILBRAY. Mr. Speaker, I yield 3 also, for instance, tomorrow, through- service and contribute to local projects minutes to the distinguished gen- out my district, there will be various in their neighborhood on September 11 tleman from New York (Mr. KING), the types of services being carried out. For in tribute to those who selflessly ranking member on the Committee on instance, in my own office, we have a served their communities during the Homeland Security. blood drive which is run by my assist- attacks on that day, as was mentioned Mr. KING of New York. Mr. Speaker, ant, Patricia Gartland, who will have by our New Yorkers here and people I thank the gentleman for yielding. people lined up from morning to night throughout the country. I want to commend Chairman TOWNS giving blood in honor of those killed on On that day and the days following, and Ranking Member ISSA for bringing September 11. first responders, rescue and recovery this bill to the floor. I want to thank In my own school district, the workers and perfect strangers came to- Congresswoman MATSUI for the tre- Seaford School District, there will be a gether to help those in need. Their mendous work that she has done in large commemoration, and the coordi- sense of patriotism and service truly leading the way on this legislation. I nator, Ken Haskell, is a firefighter who made our Nation great. This year we am proud to be a cosponsor of the legis- lost two brothers on September 11. He will honor them not only by remem- lation. is coordinating an effort where the stu- bering their heroism, but by recommit- Mr. Speaker, I listened carefully to dents will show the good works that ting ourselves to bettering our commu- my good friend from New York, Mr. they did in honor of those who died on nities and our country. ENGEL, and he really articulated the September 11. This Friday, we will join with Ameri- way all New Yorkers feel. September 11 So, Mr. Speaker, this is a day which, cans across the country and give back will be a day that none of us will ever again, as tragic as it was, as horrible as to our communities by volunteering to

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.069 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9375 build houses, participate in literacy New Yorkers and three Californians, I office was in the building that caught programs, lead neighborhood cleanups, know that we speak for everyone on fire, the first building. And I recall collect food and clothing for the com- across this country when we under- standing out there talking to him as ing winter, and really much, much score how important it is to recognize we were looking at the problem and the more. As a result, extraordinary things this, one of the most tragic days in our smoke coming from the building. And will be happening all through this Nation’s history. then as we heard the fire trucks and country. The service events taking Now, there are other things that have the volunteers running to help each place will help address some of our Na- come from this. And as I look at my other, and, of course, that’s a day that tion’s toughest problems, from poverty friend, Mr. KING, I’m reminded that he I will never, never forget. I remember and unmet education needs to pre- is the former chairman, now the rank- getting a call indicating that Fireman paring for natural disasters. ing member, of the Committee on Glascoe, who was a very, very dear As co-Chair of the National Service Homeland Security that was estab- friend, was in the building, and that Of- Caucus, it is a pleasure to call atten- lished in the aftermath of September ficer Venable, I mean, I just can go tion to the tremendous work of volun- 11. And as we sit here, prepared to down the list, calling the roll of all teers participating in the first-ever Na- mark the eighth anniversary, I think these people that lost their lives on tional Day of Service and Remem- it’s important to note that another that day. brance and to partner with my col- good thing has emerged. But I can’t help from thinking about league PETER KING of New York on this That good thing is the fact that the togetherness that came from this legislation. while most predicted that within a and how people said, let’s do every- I also want to thank matter of months, and certainly years, thing we can to assist the people in MyGoodDeed.org, the Corporation for we would have another terrorist attack New York. So I want to thank people National and Community Service, and on U.S. soil, it’s due to the work of from all over this land for doing that. the families of 9/11 who helped make PETER KING and lots of other people in I have no other speakers, and I re- this a reality and for promoting vol- this institution, in the executive serve my time. unteerism and service in every corner branch and around the country that Mr. BILBRAY. Mr. Speaker, I appre- of our county. have ensured that we have not to this ciate the chairman’s words. And let me I am really proud that this body has point, and we hope and pray that this just say, December 7, 1941, was brought come together and has been a leader in vigilance will continue and that we up earlier, and my father’s birthday ac- recognizing the importance of vol- will never have an attack like we saw tually was December 7 and he was ac- unteerism and community service. on September 11 of 2001. tually stationed at Pearl Harbor in Please join me in honoring this spirit And we also need to use this resolu- 1941. And I think the big slogan we’ve of service by voting in support of this tion, Mr. Speaker, to remind ourselves always heard about December 7 is, resolution. that we still live in a very, very dan- never again shall we be not prepared to Mr. BILBRAY. Mr. Speaker, I yield gerous world. There are people who avoid this. I guess the goal that we such time as he may consume to the would like to do us in. We know that. need to say in remembrance is, never gentleman from California (Mr. We find it out on a daily basis, and we again with 9/11. DREIER). see it in tragic terrorist attacks that How many of us around this country, (Mr. DREIER asked and was given take place in other parts of the globe. especially if you asked those in New permission to revise and extend his re- And so I join, Mr. Speaker, with my York, how many thought that flight marks.) colleagues in strong support of the ef- schools in Florida or California were Mr. DREIER. Mr. Speaker, I thank fort that Ms. MATSUI and Mr. KING and going to affect their lives? Most New my friend for yielding. others have put together on this reso- Yorkers would probably say, it doesn’t I have to say that I am rather struck lution in hopes that this will be a affect me. I guess how many people as I listened to my California col- learning experience, just, as Mr. ENGEL around this country would think that leagues, Ms. MATSUI and Mr. BILBRAY. mentioned, as December 7, 1941, was a if Virginia gave driver’s licenses to We have had three New Yorkers and date for past generations. We all re- people who were not legally in the now three Californians who have stood member the history of December 7, country, did it really matter? And they here to recognize the significance of 1941; and, similarly, we hope that this would think, no it probably doesn’t what, unfortunately, is one of the most resolution will ensure that future gen- matter in my life. I think 9/11 has prov- tragic days in the 220-year history of erations will never forget what hap- en that what happens anywhere in the the United States of America. pened on September 11, 2001. United States may have a major im- All of the remarks have been extraor- Mr. TOWNS. Mr. Speaker, I would pact at corners across this country. dinarily thoughtful. They have focused like to join my colleagues in saying I’d have to say that we do talk about on why it is that we are here, and it is that this was a day that I will never, what happened at New York. We can to remember those thousands of lives never forget as I stood and I watched identify where the Pentagon was hit. that were lost. But, as was said by Mr. the second plane hit, and then I real- And, sadly, I don’t think most of us ENGEL, Mr. TOWNS and Mr. KING as ized that this was a day that we would could point out where in the field in well, and Ms. MATSUI and, I know, Mr. never, never forget. I also want to rec- Pennsylvania the heroes of that flight BILBRAY, the good that has come from ognize those firefighters and those po- perished. In that field, somewhere in one of the most tragic days in our Na- lice officers and people who came from Pennsylvania, there were the heroes tion’s history is that we saw a soli- all over the Nation to help us at that who chose to stop an act of terrorism darity, the likes of which we have not time, and I mean New Yorkers. And of dead in its tracks. And I think every seen in a long period of time, and we course, that’s something that we can- Member of Congress, when we do a tour saw so many great things done by cou- not forget. People just packed up, came of the Capitol, we walk into the Cap- rageous people. to help us clean up. And I’ve never seen itol, every Member of Congress should people work together the way they remember those heroes who perished in b 1300 worked during the crisis of September that field in Pennsylvania because, Mr. Now, we’ve heard about the New the 11. Speaker, we stand here today and we Yorkers, and no one sacrificed more So I think it’s only fitting that we have the privilege of showing our con- than New Yorkers as we, for literally stop and we recognize the great work stituents this structure to representa- months, watched the cleanup take of those volunteers. And I want to tive government, the Capitol. place at the World Trade Center. But thank Congresswoman MATSUI, I want We stand today probably because I’m reminded of the Rancho to thank Congressman PETER KING for these heroes were willing to give it all Cucamonga Fire Department in South- sponsoring this resolution. to protect the Capitol of the United ern California. It was so moved they I remember on that day a gentleman States. As far as I know, this was, we came together and provided a fire by the name of Al Walden, who worked were the next one in line. And so, as we truck to the New York City Police De- here in the Congress, served in the Con- stand here today and recognizing the partment. And when we’ve had three gress with us, who was a judge, and his sacrifice, the heroism and the loss of

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.071 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9376 CONGRESSIONAL RECORD — HOUSE September 9, 2009 9/11, I think that we should remember sacrifice of almost 3,000 innocent men and Whereas beginning on August 26, 2009, the every day that a Member of Congress women who lost their lives 8 years ago in the Station Fire, ignited by arson, has burned or the President has the privilege of worst act of terrorism this country has ever en- more than 160,000 acres of public lands and serving the public in this building, in private property in Los Angeles County and dured. the Angeles National Forest, including over this temple of representative govern- Terrorism anywhere is a threat to life, free- 200 structures and homes; ment, that we ought to thank those he- dom and democratic values everywhere. The Whereas the Station Fire is one of the roes for preserving for us the right to tragedy of September 11th was not just a trag- largest in modern California history and the be able to represent them here in this edy for Americans, it will forever remain a largest wildfire in the modern history of Los structure because without that her- global reminder that there are people who will Angeles County; oism, not only would the structure not stop at nothing and cross any border to Whereas as of September 9, 2009, the Sta- be here, but there’s many of us that spread hate and visit violence upon the inno- tion Fire continues to threaten 7,000 struc- will vote on this resolution today who cent. tures in the Angeles National Forest and The President has expressed his determina- nearby communities like Altadena, La may not be here today if it wasn’t for Can˜ ada Flintridge, Acton, Glendale, La their heroism. tion to face the cancer of global terrorism with Crescenta, Pasadena, Littlerock, Sunland, So I ask that we support this resolu- renewed purpose and to defeat it at its source. Sierra Madre, and Tujunga; tion. I ask that we remember what it’s He has made this commitment not only to Whereas more than 8,000 fire personnel, 800 about and we remember that the only safeguard lives, but also to honor the commit- fire engines, approximately 40 helicopters, 13 way to make sure it doesn’t happen ment of the dedicated men and women in uni- fixed-winged aircraft, and 88 water tenders again is to take the time to do the form serving in harms way, here at home, and have been deployed statewide to assist with right things, learn from the mistakes around the world. firefighting efforts; Whereas the extraordinary effort made by of 9/11 and make sure we don’t forget September 11th is a day to remember those who lost their lives and to express our soli- firefighters throughout the region contrib- the mistakes of 9/11 so that we never uted to the preservation of the historic repeat the tragedy of 9/11. darity with the families they left behind. It is a Mount Wilson Observatory, a national land- I yield back the balance of my time. day to honor the heroic public servants who mark for astronomical research; Mr. TOWNS. Mr. Speaker, how much help keep us safe here and abroad and a day Whereas on August 30, 2009, the lives of two time do I have? for Americans to express their gratitude for firefighters with the County of Los Angeles The SPEAKER pro tempore. The gen- their sacrifice. Fire Department were lost while battling the tleman has 10 minutes. September 11th is also a day of acknowl- Station Fire: Fire Captain Tedmund ‘‘Ted’’ Mr. TOWNS. Let me just make the edgment of the dangerous world we live in Hall, 47, and Firefighter Specialist Arnaldo today and of the difficult task that still lies ‘‘Arnie’’ Quinones, 34; statement, then I will be prepared to Whereas Fire Captain Tedmund Hall, of yield back. Again, I want to thank the ahead. San Bernardino County, was a 26-year vet- gentleman from California. I want to Mr. TOWNS. I yield back the balance eran of the fire service, and is survived by thank PETER KING. I want to thank of my time. his wife, two sons, and his parents; Congresswoman MATSUI; I want to The SPEAKER pro tempore. The Whereas Firefighter Specialist Arnaldo thank my colleague, of course, Con- question is on the motion offered by Quinones, of Palmdale, was an 8-year veteran gressman ENGEL, for his participation. the gentleman from New York (Mr. of the fire service and soon-to-be father and And again I would like to urge my col- TOWNS) that the House suspend the is survived by his wife and his mother; Whereas more than 10 firefighters were in- leagues to join me in recognizing Sep- rules and agree to the resolution, H. Res. 718. jured as they put their lives on the line to tember 11 as an ideal opportunity for respond to wildfires in California; giving back to our Nation through The question was taken; and (two- thirds being in the affirmative) the Whereas it is clear that the continued com- service. mitment and heroism exhibited by fire- Mr. EHLERS. Mr. Speaker, I rise in support rules were suspended and the resolu- fighters has saved countless lives, homes, of House Resolution 718, which recognizes tion was agreed to. and businesses; September 11 as a ‘‘National Day of Service A motion to reconsider was laid on Whereas additional emergency personnel, and Remembrance.’’ the table. such as law enforcement and medical per- I am honored to cosponsor this resolution, f sonnel, have coordinated with local authori- ties and firefighters and have performed be- and I thank Representatives DORIS MATSUI HONORING THE FIRST RESPOND- yond the call of duty in the preservation and and PETER KING for their work on it. ERS AND VICTIMS OF THE CALI- protection of human lives; and The horrific events of September 11, 2001 FORNIA WILDFIRES Whereas hundreds of volunteers gave their made a permanent mark on our Nation’s his- Mr. TOWNS. Mr. Speaker, I move to time to help ensure that evacuees are shel- tory and the lives of thousands of American tered, clothed, fed, and emotionally com- suspend the rules and agree to the reso- forted through this traumatic event: Now, families. lution (H. Res. 724) honoring the first In recognition of this, Congress passed the therefore, be it responders, paying tribute to the vic- Edward M. Kennedy Serve America Act, which Resolved, That the House of Representa- tims of the Southern California included for the first time authorization and tives— wildfires, and mourning the loss of the (1) offers its deepest sympathy to the fami- Federal recognition of September 11 as a Firefighter Captain Tedmund ‘‘Ted’’ lies of those servicemen who lost their lives ‘‘National Day of Service and Remembrance.’’ Hall, and Firefighter Specialist fighting the Station Fire in Southern Cali- As a co-chair of the National Service Cau- Arnaldo ‘‘Arnie’’ Quinones. fornia; cus, I believe that it is very fitting that Ameri- The Clerk read the title of the resolu- (2) commends the thousands of firefighters and emergency responders who continue to cans be encouraged to voluntarily engage in tion. community service or other charitable activities risk their lives fighting the wildfires The text of the resolution is as fol- throughout California; of their own choosing in honor of those who lows: lost their lives or were injured in the Sep- (3) expresses condolences to the individuals H. RES. 724 and families who lost their homes and other tember 11, 2001 attacks. property in the wildfires; Charitable activities have a positive and im- Whereas beginning in August 2009, Cali- fornia has experienced a number of dev- (4) extends its appreciation for the ongoing mediate impact in our communities and often astating wildfires which have burned hun- work to protect the communities and busi- make a notable difference in the lives of the dreds of thousands of acres of public and pri- nesses that continue to be threatened by people whom they benefit. Recently, I had the vate lands, destroyed and damaged struc- fire; and opportunity to serve in my community by read- tures and homes, and forced the evacuation (5) condemns the acts of arson perpetrated ing books to children at the local public library of thousands of homes and businesses; in igniting the Los Angeles County Station and through the Reach Out and Read pro- Whereas high temperatures and erratic Fire. gram. I encourage other Members of Con- winds caused the multiple fires to rapidly The SPEAKER pro tempore. Pursu- gress and staff to set an example by voluntary progress to a point that the Governor of ant to the rule, the gentleman from California proclaimed a state of emergency New York (Mr. TOWNS) and the gen- service in their communities. in the counties of Los Angeles, San I encourage all Members to support this im- Bernardino, Santa Cruz, Monterey, Placer, tleman from California (Mr. BILBRAY) portant resolution. and Mariposa; each will control 20 minutes. Mr. VAN HOLLEN. Mr. Speaker, I join my Whereas loss of life and serious injuries The Chair recognizes the gentleman colleagues today to honor the memory and have resulted from the fires; from New York.

VerDate Nov 24 2008 03:57 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.073 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9377 GENERAL LEAVE than 160,000 acres of public lands and Mr. DREIER. I thank my friend for Mr. TOWNS. Mr. Speaker, I ask private property in L.A. County and yielding. unanimous consent that all Members the Angeles National Forest where it Mr. Speaker, let me begin by express- have 5 legislative days in which to re- continues to burn, including over 200 ing appreciation to my friend, col- vise and extend their remarks. structures and homes. It is currently league and partner in dealing with this The SPEAKER pro tempore. Is there one of the largest fires in modern Cali- and with a wide range of issues that af- objection to the request of the gen- fornia history, and the largest wild fire fect the Los Angeles area, Mr. SCHIFF. tleman from New York? in the history of Los Angeles County, It is true that we are in the midst, There was no objection. as far as we can tell. Mr. Speaker, of what is the largest re- Mr. TOWNS. I now recognize the gen- The Station fire continues to threat- corded fire in the history of Los Ange- tleman from California (Mr. SCHIFF) for en 7,000 structures in the national for- les County, and it has been a difficult 5 minutes. est and nearby communities like Alta- time. It started in a little, tiny area Mr. SCHIFF. At the outset, Mr. dena, Acton, Glendale, La Canada above La Canada Flintridge. Imme- Speaker, I want to thank the chairman Flintridge, La Crescenta, Pasadena, diately, we saw the wonderful local, for moving this resolution so expedi- Littlerock, Sunland, Sierra Madre, and county and State officials come to- tiously and in time for a memorial Tujunga. More than 8,000 fire per- gether, as is so often the case, to deal service that will be conducted at Dodg- with this tragedy. We also were able to er Stadium this Saturday. I rise today sonnel, 800 fire engines and approxi- see—and we continue to see at this mo- to speak in support of legislation I’ve mately 40 helicopters, 13 fixed-wing aircraft and 88 water tenders have been ment, Mr. Speaker—one of the unique introduced with my colleague, DAVID deployed statewide to assist with fire- capabilities shown by California, be- DREIER, my neighbor in California, cause of the fact that we regularly deal honoring the first responders to the re- fighting efforts. with fire, that being the Unified Com- cent California wildfires, paying trib- The continuing commitment and her- mand. ute to all those who helped during this oism exhibited by fire fighters have Under Captain Mike Dietrich, the in- crisis, and mourning the loss of Fire- saved countless lives, homes and busi- cident commander, we have seen all of fighter Captain Tedmund ‘‘Ted’’ Hall nesses. We also recognize the addi- these firefighters—the 8,000, the num- and Firefighter Specialist Arnaldo tional emergency personnel such as law ber mentioned by my colleague Mr. ‘‘Arnie’’ Quinones who died while enforcement and medical personnel SCHIFF—come from near and far to join bravely fighting the Station fire. These who have coordinated with local au- together under this Unified Command courageous men made the ultimate thorities and fire fighters and per- sacrifice for their family and friends formed beyond the call of duty in the to prosecute this fire, which, as of and greater community, deserve our preservation and protection of human right now, has burned over 160,000 recognition and have earned our undy- lives. acres. Now, to put this in context, the An- ing gratitude. We also recognize hundreds of volun- It is, I suppose, fitting, Mr. Speaker, teers who gave their time to help en- geles National Forest is made of 650,000 that we take up this resolution fol- sure that evacuees are sheltered, acres, and it is the number one, most lowing the September 11 resolution. clothed, fed and comforted during this utilized national park in the United When we think of September 11, in ad- traumatic event. I can recall visiting States of America. Why? Because of its dition to the terrible tragedy and the some of the shelters in La Crescenta proximity to the Los Angeles basin. In loss of so many innocent lives, we and La Canada, meeting with volun- excess of 160,000 acres have burned at think of the bravery of the emergency teers for the Red Cross. One, Kim this point, and it’s about 60 percent responders who, while others were Lardia, who’s a Glendale police officer, contained. It is hoped that full contain- rushing out of those collapsing build- worked a full day in uniform as a po- ment will take place around the 15th of ing, they were rushing in. lice officer, then came out in the this month, meaning sometime next Similarly, in California, 3,000 miles evening to volunteer at the shelter to week. away from the site of that terrible make sure that people had a place to So this is a problem with which we tragedy, we, once again see firefighters sleep. It’s people like this, bravely have dealt for a long period of time, rushing in while others are rushing serving the community that are such and it is obviously one we will continue out. And none could exemplify this an inspiration to us and give us con- to face. We all know, Mr. Speaker, that courage and this call to service more fidence that we will finally get this fire fires are a national phenomenon, but than Specialist Quinones and Captain put out. when we see lives and property threat- Hall. Our thoughts today go out to the So I want to join with my colleague ened, it is essential that we do every- families of these brave men. And with again, DAVID DREIER. We had the thing that we can to put forward pri- this resolution we seek to honor their chance to visit the command center ority number one, and that is the pro- lives and also highlight the contribu- and speak with the fire chief and the tection first of life and then of prop- tions of thousands of other personnel incident commander, see the incredible erty. who helped fight these massive wild coordination of Federal, State and As Mr. SCHIFF has said, we also know fires which have burned hundreds of local resources, had the chance to see that we have tragically lost two coura- thousands of acres of public and pri- not only acres and acres of burned for- geous firefighters, and having just gone vate lands, destroyed and damaged est land, but also homes that had been through the resolution dealing with structures and homes and forced the destroyed and devastated. September 11 and the loss of those fire- evacuation of thousands of families. And we wanted to introduce this res- fighters, we are reminded again of the The weather conditions in California olution today to acknowledge all the courage of these individuals. have been mixed. At times the weather superb people who have come together Just before getting onto the airplane has been still; the wind has been still. to fight these fires and to pledge our at LAX yesterday, I had a lengthy con- But that has caused smoke to accumu- commitment to make sure that the versation with Laurie Barrios, who is late and hampered emergency aircraft. Federal Government continues to be a the sister of Captain Ted Hall. She At other times the winds have fanned good partner. And once again, I urge talked about the sacrifice that their the flames and started new fires. Low support for this resolution. family has made. humidity has also, and high ambient In fact, I should say, with Mr. TOWNS temperatures have, contributed to the b 1315 here, jokingly, she said, We’re like a heat of the blaze, to the point where Mr. BILBRAY. Mr. Speaker, I would New York family. the Governor of California proclaimed like to yield as much time as he may Her father had been a battalion chief. a state of emergency in several coun- consume to my colleague from Cali- Her brothers and other relatives are ties in Los Angeles, San Bernardino, fornia (Mr. DREIER), the coauthor of firefighters in this California family. Santa Cruz, Placer, Monterey and this resolution. She quoted her brother, who said at a Mariposa. (Mr. DREIER asked and was given reunion that they had had just re- The Station fire, ignited by arson, permission to revise and extend his re- cently, I am not a hero. I am just an began on August 26 and burned more marks.) average guy, doing the job that I love.

VerDate Nov 24 2008 03:48 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.075 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9378 CONGRESSIONAL RECORD — HOUSE September 9, 2009 That, I believe, really is the vision Captain Ted Hall and Specialist Arnie forced into shelters; displaced; facing the hor- and the goal that so many firefighters Quinones. We at the same time recog- rifying prospect of a home burned to the have. They’re not selfish. They very nize the continued sacrifice that at ground or a workplace caught in the blaze. much want to make sure that they can this moment is going on in southern The prayers of every Member of Congress ensure the safety of people and prop- California to do everything that they go out to every resident impacted by the fires. erty. The sacrifice. Mr. SCHIFF men- possibly can to get this fire under con- As the Nation has watched the rapid spread tioned the Glendale officer who was in trol. In the names of Arnie Quinones of the wildfires, no one deserves greater uniform at day and who volunteered at and Ted Hall, I hope very much that we praise or gratitude than our firefighters on the night. These people are so extraor- will do everything that we can to en- front lines. dinarily dedicated. sure that all levels of government and These dedicated men and women stay So Captain Ted Hall was one of those individuals take steps to make sure through the night to get the job done. Their tragically killed, working to save lives that we don’t have the kind of tragedy bravery is unparalleled, their heroism un- and property. Specialist Arnie through which we’re going at this mo- matched. Their efforts are the front line of de- Quinones is the other, and I know that ment. fense against the fires, and their sacrifice is he is a constituent of our colleague Mr. Mr. TOWNS. Mr. Speaker, I reserve saving lives. MCKEON. Mr. BERMAN is here. I know the balance of my time. Two of these firefighters paid the ultimate that his area has been impacted, Mr. Mr. BILBRAY. Mr. Speaker, I would price for the safety of LA County’s residents. SHERMAN’s as well, Mr. LEWIS’, Mr. just like to close by saying I thank ev- Captain Tedmund ‘‘Ted’’ Hall and Specialist BACA’s. This has had an impact all over eryone for the cooperative effort here. Arnaldo ‘‘Arnie’’ Quinones represent our na- the southern California area; but the Sadly, recently, we’ve talked a lot tion’s best values: service and sacrifice, an unique tragedy here in the case of Mr. about heroes, and too often we mix up obligation to help others and a responsibility to Quinones is that his wife, Laurie, is ex- heroes and victims. I think we’ve got protect your community. pecting a child in 2 weeks. So, as we to remind ourselves that, when we talk To ensure our firefighters have the re- look at the two lives that have been about Ted Hall and Arnie Quinones, sources they need to beat back the flames, lost, Specialist Quinones will have we’re talking about true heroes. Vic- Congress provided nearly $490 million in extra passed away before his child is born. It tims are individuals who are at the funding this year, boosting the federal govern- underscores the fragility of life and the wrong place at the wrong time and who ment’s commitment to helping the people importance of the work that these peo- have paid the ultimate price. Heroes standing in the line of fire each year. ple have engaged in. are individuals who willfully put them- Congress will continue to watch closely the Mr. Speaker, I would like to also selves in the wrong place at the wrong developments and spread of the wildfires share a little bit more of the conversa- time and who pay the ultimate price. across the State of California, and we will re- tion that I had with Captain Hall’s sis- There is a huge difference between a main steadfast in our support for state and ter. She referred to their family as hav- hero and a victim. county emergency agencies in their efforts to ing been firefighters for—I guess now— Today, with this resolution, we’re protect local residents and rebuild in the days generations, and she talked about their not only recognizing the men and ahead. respect and reverence for the environ- women who are out fighting the fires In the words of this resolution, the Congress ment. She said that her father would today, but we’re recognizing the he- ‘‘condemns the acts of arson perpetrated in ig- always say, when they were out hiking, roes—all of the individuals who are niting the Los Angeles County Station Fire,’’ to put the pinecone back exactly where fighting fires and who are addressing and we extend our appreciation to the volun- it was because that is God’s gift to us. this issue—in the persons of Messrs. teers, law enforcement and medical personnel She had, as had every member of their Hall and Quinones, the heroes who for helping evacuees, sheltering the displaced, family, a wonderful reverence for the chose to serve their community and to and treating injuries in recent weeks. environment. put themselves in harm’s way as a Mr. MCKEON. Mr. Speaker, I rise today to Mr. Speaker, there is no way that I service. With this resolution, we do both send my deepest condolences to the can stand here and articulate the emo- them honor and respect, not only to families of the two brave firefighters lost in the tion that Captain Hall’s sister, Laurie the two individuals but to everyone ‘‘Station Fire,’’ which directly impacted my dis- Barrios, shared with me when she in- who chooses to put themselves in trict, and to thank the thousands of fire and sisted that we pursue a balanced policy harm’s way to protect others. rescue personnel who have fought the largest when it deals with the preservation of I yield back the balance of my time. blaze in Los Angeles County history. our environment. She went so far as to Mr. TOWNS. Mr. Speaker, I would The tragic loss of Fire Captain Tedmund say that there are, obviously, steps also like to associate myself with the ‘‘Ted’’ Hall, 47, of San Bernardino County, and that could have been taken that would remarks made by the gentleman from Firefighter Specialist Arnaldo ‘‘Arnie’’ have diminished the magnitude of this California by saying that, yes, they are Quinones, 35, of Palmdale, has hit our com- fire. Again, I can’t speak as strongly as truly real heroes. There is no question munities very hard. These brave men paid the she, but I do believe that it is abso- about it. ultimate price to protect lives and property of lutely essential that we pursue that Again, I would like to urge my col- individuals they had never met before. This very, very balanced approach in deal- leagues to join me in paying tribute to kind of heroism serves as a constant reminder ing with fires. the first responders who are fighting of what it means to ‘‘sacrifice.’’ Each man and With 160,000 acres burning, one of the the California wildfires. I will tell you woman who dons a fireman’s uniform does so challenges has been, as Mr. SCHIFF that that has been something that I knowing that there is always the possibility said, what has happened to the air have watched. Seeing people coming that they may not make it home to see their quality in the area. Well, I think that together around an issue is something families. But in the face of this adversity, they controlled burns and taking steps to for which we should all pause and say still serve. ensure that fires do not spread are es- thank you. Firefighter Specialist Quinones was a con- sential. The great team in Los Angeles Ms. PELOSI. Mr. Speaker, I rise today to stituent of mine. He lived in Palmdale, Cali- County, led by Fire Chief P. Michael offer deep condolences to the victims of the fornia, with his wife Loressa. They are expect- Freeman, and others in the State of recent California wildfires and the residents ing their first child in the next few weeks. My California, in the County of Los Ange- who have lost their homes and businesses; heart goes out to his family. I know his spirit les, and in these great cities that we’re and to pay tribute to the brave firefighters and will live on and endure forever within their privileged to represent make it very, first responders still standing in harm’s way. family. very clear that we want to take those The wildfires broke out in the last week of Fire Captain Ted Hall was a resident of preemptive steps to ensure that, while August. Since then, more than 160,000 acres Hesperia, California. He graduated from the we’ll always face fires in the future, we have burned. More than 160 structures— Fire Academy in 1983 and served ever since. can diminish the level of damage that houses and businesses—have been de- He was survived by his wife Katherine, and we have seen in the past 10 days in stroyed; nearly 4,000 more remain in harm’s sons Randall, 21, and Steven, 20. My deepest southern California. way. condolences go out to his family as well. So, Mr. Speaker, we recognize most At this stage, thousands of residents and I was on the ground the past couple of importantly the loss of two heroes, families have been affected by the flames— weeks and witnessed, first hand, the bravery

VerDate Nov 24 2008 03:53 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 9920 E:\CR\FM\K09SE7.076 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9379 of the firefighters and rescue personnel during The Clerk read the title of the resolu- against the international scourge of ter- this fire. As I speak, firefighters have con- tion. rorism; tained 61 percent of a fire that has, thus far, The text of the resolution is as fol- (5) asserts, in the strongest possible terms, lows: that the fight against terrorism is not a war scorched 160,357 acres in the Angeles Na- on any nation, any people, or any faith; H. RES. 722 tional forest. Firefighters have greatly limited (6) recognizes the heroic service of United the loss of property because of their valiant ef- Whereas on the morning of September 11, States personnel, including members of the forts to beat back the flames. The hot, dry 2001, terrorists hijacked and destroyed four United States Armed Forces, United States conditions of southern California, coupled with civilian aircraft, crashing two of them into intelligence agencies, and the United States swift winds make fighting these fires treach- the towers of the World Trade Center in New diplomatic service, and their families, who York City and a third into the Pentagon out- have sacrificed much, including their lives erous. Add in the geographic landscape that side of Washington, DC; the firefighters must deal with and you can and health, to defend their country against Whereas the passengers and crew aboard terrorists; begin to understand the risk that every fire- United Flight 93 fought heroically and sac- (7) vows that it will continue to take what- fighter takes. rificed their own lives by crashing the plane ever actions are appropriate to defend the For all of the work that I have witnessed in Shanksville, Pennsylvania, to prevent ter- people of the United States and to identify, and for all that none of us has seen, I thank rorist hijackers from killing additional inno- intercept, and defeat terrorists, including you. Thank you for putting your lives in danger cent Americans; providing the United States Armed Forces, to protect those you don’t know. Thank you for Whereas nearly 3,000 innocent men, United States intelligence agencies, and the women, and children were murdered in the United States diplomatic service with the re- giving us all that comfort, knowing that you are attacks; sources and support to effectively accom- there to help us in our time of need. And Whereas eight years later, the United plish this mission; and thank you to the families that must endure States of America continues to mourn the (8) calls on all Americans to renew their lives lost on September 11, 2001; sleepless nights, wondering whether they will devotion to the universal ideals that make Whereas by targeting symbols of American see their loved ones walk through the door the Nation great: freedom, pluralism, equal- strength and prosperity, the attacks were in- one more time. ity, and the rule of law. Ms. HIRONO. Mr. Speaker, I rise today in tended to assail the principles and values of the American people and to intimidate the The SPEAKER pro tempore. Pursu- support of H. Res. 724, a resolution that hon- Nation and its allies; ant to the rule, the gentleman from ors the first responders who are courageously Whereas the United States remains stead- California (Mr. BERMAN) and the gen- fighting the California wildfires and that pays fast in its determination to defeat, disrupt, tlewoman from Florida (Ms. ROS- tribute to the victims who lost their lives. and destroy terrorist organizations and LEHTINEN) each will control 20 minutes. Hundreds of firefighters throughout the seeks to harness all elements of national The Chair recognizes the gentleman power, including its military, economic, and country have been working tirelessly in this ef- from California. fort, risking their lives to put out wildfires so diplomatic resources, to do so; Whereas Congress has passed, and the GENERAL LEAVE that the lives of others can be protected. In- President has signed, numerous laws to pro- Mr. BERMAN. Mr. Speaker, I ask cluded in this group of brave responders are tect the Nation, prevent terrorism at home unanimous consent that all Members 20 firefighters from the National Park Service and abroad, assist victims of terrorism, and may have 5 legislative days to revise in Hawaii, including William Akima, Jordan support, in the field and upon return, the and extend their remarks and to in- Barthold, Tessa Chieves, Andrew Christie, members of the Armed Forces who coura- clude extraneous materials on the reso- Christopher Derman, Raymond Eselu, Michael geously defend the United States; lution under consideration. Whereas the terrorist attacks that have Ferguson, Brandon Figueroa, Sean Gross- The SPEAKER pro tempore. Is there man, William Konanui, Elias Kuamoo, Michael occurred around the world since September 11, 2001, serve as reminders that the hateful objection to the request of the gen- Kyser, Paul Keliihoomalu, Jon Makaike, Nich- inhumanity of terrorism poses a common tleman from California? olas Martin, Sky Mullins, Arnold Nakata, Dex- threat to the free world and to democratic There was no objection. ter Pacheco, Jr., Russell Rosario, and Lowe values; Mr. BERMAN. I rise in strong sup- Thomas, who have put themselves in harm’s Whereas the United States has worked co- port of this resolution, and I yield my- way to battle the raging wildfires. We are operatively with the nations of the free self as much time as I may consume. proud of your commitment and grateful for world to capture terrorists and bring them Mr. Speaker, this resolution pays your service. We also pay tribute to the two to justice; homage to the lives lost on September firefighters who died, Captain Tedmund Hall Whereas the United States remains com- 11, 2001, and recognizes the anniversary mitted to building strong and productive and Specialist Arnaldo Quinones, and hope counterterrorism alliances; as not only a time of solemn com- that the eleven people who have been injured Whereas immediately following September memoration but also as a demonstra- make a full and speedy recovery. 11, 2001, the United States Armed Forces tion of America’s great resolve in com- I urge my colleagues to honor those who moved swiftly against al-Qaeda and the bating terrorism. It extends our endur- have served by voting for H. Res. 724. Taliban, which the President and Congress ing and deeper condolences to the Mr. TOWNS. I yield back the balance had identified as enemies of America; friends, families and loved ones of the of my time. Whereas in doing so, brave members of the innocent victims, and recognizes the The SPEAKER pro tempore. The Armed Forces left loved ones in order to de- heroism of U.S. service men and women fend the Nation; and question is on the motion offered by who defend our country today. It hon- the gentleman from New York (Mr. Whereas many members of the Armed Forces remain abroad, defending the Nation ors the Nation’s first responders and TOWNS) that the House suspend the from further terrorist attacks and con- others whose valiant efforts were a rules and agree to the resolution, H. tinuing to battle al-Qaeda and the Taliban: credit to their country on that horrible Res. 724. Now, therefore, be it day, and it honors them as they con- The question was taken; and (two- Resolved, by the House of Representatives, tinue to help keep us safe. thirds being in the affirmative) the That the House of Representatives— rules were suspended and the resolu- (1) recognizes September 11 as both a day b 1330 tion was agreed to. to mourn and remember those taken from It expresses gratitude to the leaders their loved ones and fellow citizens, and a and citizens of other countries who as- A motion to reconsider was laid on day for the people of the United States to re- the table. commit to the Nation and to each other; sisted, supported, and stood by the f (2) once again extends its deepest sym- United States in the aftermath of the attack. EXPRESSING SENSE OF THE pathies to the friends, families, and loved ones of the innocent victims of the Sep- In America’s modern and fragmented HOUSE REGARDING SEPTEMBER tember 11, 2001, terrorist attacks; society, collective memories are few. 11, 2001 (3) honors the heroic service and sacrifices But each of us remembers where we Mr. BERMAN. Mr. Speaker, I move of first responders, law enforcement per- were on 9/11 when we heard the news. to suspend the rules and agree to the sonnel, State and local officials, volunteers, We remember the days of unity that resolution (H. Res. 722) expressing the and others who aided the victims and, in so followed when we acted together to doing, bravely risked and often sacrificed sense of the House of Representatives their own lives and health; protect this country from those who regarding the terrorist attacks (4) expresses gratitude to the foreign lead- were determined to bring us to our launched against the United States on ers and citizens of all nations who continue knees. We remember the efforts that September 11, 2001. to stand in solidarity with the , the executive branch, and

VerDate Nov 24 2008 03:53 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.042 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9380 CONGRESSIONAL RECORD — HOUSE September 9, 2009 the American people have made since If there is anything useful that we Today we will once again mourn the then to protect our Nation from a real could take away from this tragedy it is families and those that are fallen, and and ongoing threat. And even though 8 the unmistakable warning we have we express our deepest sympathy to years have passed, we must remember been given of the unseen dangers that their friends and their loved ones. This that al Qaeda, while under pressure ev- we face in this new century. From is only right, but it’s not enough. We erywhere, remains a serious threat to that, a clarity of vision and a new un- owe it to the victims, to their loved the United States. derstanding of the world has emerged. ones, to the survivors, to ourselves to The very al Qaeda leadership respon- Over the past 8 years we have come to make sure that those who carried out sible for ordering the attacks on Sep- know our enemies. We have learned this awful attack are brought to jus- tember 11 continues to rally those who that their hatred of us, our success, tice and to ensure that they can never would do us harm and, along with its and our freedom is too deep to be again attack and kill our people here Taliban allies, seeks to defeat our changed by concessions and appeals to at home. troops in Afghanistan. reason. We now grasp the magnitude of For too long the war in Afghanistan This is a time when we must tran- the threat, and it is a global one. Other was the forgotten war. Only recently scend partisan politics and stand to- countries have come under attack and have we refocused our attention on the gether to recall a moment when terror- so can no longer deceive themselves war on al Qaeda and the Taliban who ists targeted the very symbols of that, once again, this is a menace for sheltered them as they carried out American strength. Our values and our the United States to handle alone their plot to murder thousands of very foundation were under attack, and while they stand safely on the side- Americans. yet we persevered, and we will carry on lines. We have uncovered their hiding We can debate the best way to pros- the fight against extremists who seek places in caves, in villages, in deserts, ecute the fight against al Qaeda and to do us harm. in cities, in jungles, in back alleys in the Taliban. For my part, the Presi- In this battle, the global realities of nations far away, as well as right here dent has proposed a strategy for Af- the 21st century require that we use in our own homeland. ghanistan with which I agree. What we not only our military but all of the But it would be a mistake if our suc- cannot do is walk away from the fight. tools available to us: economic, finan- cesses lead us to believe that the dan- We cannot allow the memory of this cial, diplomatic, and cultural resources ger has passed. We have seen destruc- horrific event to be forgotten, and we to promote a better alternative to ex- tion descend from clear and sunny cannot forget how important it is to tremism and to protect our national skies and know that it can happen bring those who caused it to justice. security. Failing in Afghanistan brings clear again. To hope that our enemies will Mr. Speaker, none of us will forget and compelling dangers. Failing means abandon their mission, to relax our what happened 8 years ago. We will al- the Taliban will once again control Af- watch, is to invite destruction. ways remember the victims of 9/11 and ghanistan and permit their al Qaeda President Lincoln said that those the loved ones who survived them. We terrorist allies to operate from there. who are responsible for our Nation’s will always honor the first responders Failure means we let down those who course, which includes the Members of who lost their lives that day and those died on 9/11. We can and we should con- this body, cannot escape history. We in uniform at home and abroad who sider how best to prosecute the war in have a responsibility to do all in our risk their lives today and every day to Afghanistan. It’s not a simple war, it’s power to ensure that our country is se- defend America. not an easy war. But for the first time, cure and that America’s promise for We will continue to promote our we have a real strategy. And for the the world that generations have la- founding principles of freedom and first time, we are providing the re- equality and ensure that the lives lost bored and fought for and died to pro- sources needed for the fight. We have a in pursuit of our ideals are never for- tect remains whole and unbounded. new commander who is breathing new How we meet this reality will repeat- gotten. life into our effort, and now we must edly test our national character. We Mr. Speaker, I reserve the balance of show that we have the resolve to give are right to remember and mourn those my time. our men and women in uniform the men, women, and children who died on Ms. ROS-LEHTINEN. Mr. Speaker, I time and resources they need to show yield myself such time as I may con- that day so sharply etched in our progress in the fight against enemies sume. minds that it seems like yesterday. who carried out this and supported the Mr. Speaker, it has been 8 years since But this tragedy must be redeemed by attacks of 9/11. our country and the entire world a new understanding of our duty to our America was attacked on 9/11 by a stopped and looked on helplessly as the beloved country and to our fellow citi- ruthless, callous enemy. We cannot for- slaughter of innocents at the hands of zens and by what it is to be an Amer- get that. And we cannot walk away al Qaeda unfolded before our eyes. And ican. from the war in Afghanistan against although we watched in safety, our fear As long as we draw breath, we will them. and hopes were enmeshed with those remember those who, asking nothing Ms. ROS-LEHTINEN. Mr. Speaker, I who, without warning, were suddenly other than to live their lives in peace, am pleased to yield 1 minute to the forced to fight for their lives and for were brutally murdered by men with- gentleman from Ohio (Mr. BOEHNER), those of the friends and strangers out conscience or mercy. Let those of our respected Republican leader. around them. It is a true miracle that us who remain be steadfast, be coura- Mr. BOEHNER. Let me thank my so many escaped destruction, but we geous, and live lives worthy of their colleagues for yielding and thank them will forever mourn the thousands who great sacrifice and thereby honor their for this resolution that’s on the floor. perished on that terrible day. Our sor- memories. All of us will remember, I think quite row, however deep, cannot match those With that, Mr. Speaker, I reserve the clearly, where we were on the morning whose loved ones were taken away balance of our time. of September 11, 2001. I think all of us from them on 9/11. But we will always Mr. BERMAN. I am very pleased to will remember the victims of this hei- share a part of it even for those whom yield 3 minutes to the distinguished nous act that occurred that day. But we will never know. The passage of chairman of the House Armed Services while we today remember those vic- years has not smoothed the deep im- Committee, the gentleman from Mis- tims and remember their families and pressions that we will bear for the rest souri (Mr. SKELTON). we remember those first responders of our lives. Mr. SKELTON. Mr. Speaker, 8 years who put their lives in danger as well, I But as Americans, it is not in our na- ago on September 11, 2001, this Cham- think we, today, need to resolve that ture to resign ourselves to helpless- ber was empty, the Capitol was evacu- we will never forgive those who per- ness, even when facing seemingly im- ated, the Pentagon was burning, the petrated that attack and vow that we possible challenges. Instead, we in- Twin Towers in New York lay crum- will continue to go after them. stinctively rally and focus our minds pled, and almost 3,000 of our citizens I want to associate myself with the and efforts on meeting and overcoming were dead. We can never forget them, remarks of the gentleman from Mis- the threats that we face. We have al- and we should never forget what we souri, the chairman of the Armed Serv- ways done so, and we have always won. owe them. ices Committee, who understands quite

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.079 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9381 clearly that if we walk away from our So every day we hear more and more our Founders intended. But at this mo- efforts in Afghanistan, the Taliban will people who were lost at the World ment, as Mr. PENCE, the chairman of once again be in control, providing safe Trade Center. So I hope we can pass the Republican Conference pointed out, haven for those who perpetrated these this unanimously. and as I will point out as the majority attacks. Ms. ROS-LEHTINEN. I am pleased to leader on the Democratic side, there And while it’s been now 8 years since yield 2 minutes to the gentleman from are no Democrats or Republicans on that attack, our enemies are still out Indiana (Mr. PENCE), the chairman of this floor because we join to remember there, still attempting to injure Ameri- our Republican Conference. and mourn the attack on America, not cans, kill Americans, both here and b 1345 on Democrats or Republicans, but on abroad. America and on its values and on what I think it’s critically important that (Mr. PENCE asked and was given per- it stands for throughout the world: we, as a Nation, never forget what hap- mission to revise and extend his re- freedom and justice. pened on 9/11 and vow what many of us marks.) September 11, 2001, was a day of grief believe is important: that our number Mr. PENCE. Mr. Speaker, let me rise and of shock, of fear and of anger. But one job is to provide safety and secu- in gratitude to the distinguished ma- today it can and must be something rity to the American people. jority leader, Mr. HOYER, and the mi- more: a day to rededicate ourselves So I thank my colleagues for the res- nority leader, Mr. BOEHNER, for bring- with memory and with service to the olution that’s on the floor and honor ing this important resolution to the ideals that make our Nation great, as I those who gave their lives on 9/11 and floor. Bringing a bipartisan resolution said earlier, freedom, pluralism, equal- think of their families and the first re- to the floor is perhaps the best way to ity, the rule of law, and justice. Those, sponders who continue to suffer today. commemorate the bipartisanship that no less than our buildings and our citi- Mr. BERMAN. Mr. Speaker, I am followed the extraordinary events of 8 zens, were the targets of the 9/11 terror- pleased to yield 2 minutes to a member years ago this Friday. ists. of our committee, the distinguished I was here on Capitol Hill that day as Though buildings crumbled and the Member from New York, Mr. ENGEL. my colleagues were. It was just as pret- dead are lost to us, it is in our power to Mr. ENGEL. I thank the chairman ty a day as it is today, and the shock see our ideals remain strong and un- for his yielding to me, and I rise in and horror of the images on the tele- scathed. strong support of this resolution. And I vision screens, the smoke rising from So on this eighth anniversary, along want to reiterate some of the things I the Pentagon, still are with me today with the Republican leader, Mr. said before with Mr. TOWNS. and informs my service in this build- BOEHNER, I am proud to introduce this When I go back to New York every ing, as it does all of our colleagues. resolution marking September 11 not week and look at the skyline of New Let me say today’s resolution is im- only as a day of remembrance, but also York, it will never be the same. The portant because, as the Old Book says, a day of resolve. World Trade Center is no longer there, we are to mourn with those who mourn So many conflicting emotions and as much as that pains me, it pales and grieve with those who grieve. And marked this indelible day: grief for in comparison to the fact that we lost we are also to pay the debts of honor nearly 3,000 men, women and children nearly 3,000 people that day, and each and gratitude to those that are owed. murdered; heartfelt sympathy for those and every one of those lives was pre- This resolution today remembers those who loved and lost them; and an un- cious. we lost that day, and this Nation speakable pride in the first responders, And what September 11 means to me, should never forget the lives that were firemen, policemen and medical per- it means to me what the previous gen- lost at the Pentagon, in the heart of sonnel who served and, indeed, sac- eration talked about December 7. our great City of New York, or in a rificed on that day. Among the 3,000 President Roosevelt said during De- field in Pennsylvania. So we remember are numbered 343 firefighters, 37 port cember 7, 1941, Pearl Harbor, that was them today, and we think of their fam- authority officers and 23 police officers a day of infamy. Well, to us, September ilies. who died serving their fellow citizens 11, 2001, will always be a day of infamy. We rise to pay a debt of gratitude to as they ran into danger’s jaws, not But yet it was a day that showed the all those who rushed in when others away from. best in people as well as obviously the were rushing out, who filled recruiting Alongside them in honor stand the worst in people. The terrorists who at- offices, who put on the uniform of the passengers of the United Flight 93, or- tacked us showed the worst in people. United States and went in and con- dinary Americans, who discovered But the first responders and the people fronted this terror where it all began. their extraordinary heroism at a mo- from all parts of the country who came As we grieve and as we mourn, as we ment of crisis and who quite possibly to save people’s lives and try to dig remember and as we pay debts of grati- saved this building, this Chamber, and people out of the rubble, that’s the best tude, let us also resolve to continue to the Capitol dome from ruin. It is my in people. do all that we can to maintain that bi- own view that that was the target of I want to mention that the New York partisan commitment that began on this third plane, to strike down that delegation has been fighting for a that very day and continues to this day dome which here in America and health bill which would ensure that to make sure that our Nation and our throughout the world is a symbol of those who were first responders and soldiers and those who protect us at freedom, pluralism, justice and, yes, others who came as volunteers at the home and abroad have the resources democracy. World Trade Center saving lives, that that they need to get the job done and We also remember the sacrifices of their health needs should be taken care come home safe. our troops, not only those who lost of by this country, and there are people The SPEAKER pro tempore. Without their lives under our flag, but those who live in all 50 States. objection, the gentleman from New who make the everyday sacrifice of So, Mr. Speaker, as we commemorate York (Mr. ACKERMAN) will control the separation from family and home. Not and mourn the lives that were lost at remainder of the time. all of us are called to serve as hero- the World Trade Center, at the Pen- There was no objection. ically, but in hundreds of small acts of tagon, and at Shanksville, Pennsyl- Mr. ACKERMAN. Mr. Speaker, it is dedication to our communities, we can vania—and there were many people in my privilege now to recognize the co- emulate their service in ways both my district who were killed, as there sponsor, the main sponsor of the reso- large and small. That is our resolve were in all districts in New York—we lution, the majority leader of the today. And along with it, we resolve to have to redouble our efforts to fight House. take the lesson of our vulnerability to terrorism. Mr. HOYER. I thank the distin- heart. But I want to say that I was very, guished chairman and gentleman from We commit ourselves to defending very proud that day to be an American New York. I thank Mr. PENCE for his America from whatever threats may and proud to be a New Yorker because remarks. On many days, this floor is a confront it, with all of our military the way the people of New York re- place for heated debate, and that is, of force, all of our diplomatic skill, and sponded was exemplary. course, as it should be. That is what all the power of our moral example.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.080 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9382 CONGRESSIONAL RECORD — HOUSE September 9, 2009 Our lives are limited, but we have in Department, and of the Suffolk County perished in the World Trade Center and our keeping the ideals and truths that Police Department. There are more at the Pentagon. Remember the incon- have animated our Nation since its than 1,000 police officers dedicated to ceivable heroism of the first responders founding, and that, we trust, will out- fighting terrorism in counterterrorism who rushed into the flames and the live us, outlive all of us, to light the units. And again, it is a daily, daily ef- chaos in order to save others. lives of our children and grandchildren, fort. Remember the defiant courage of the and as a great-grandfather, let me say As the ranking member of the Home- passengers on United Flight 93 who lost for generations to come. land Security Committee, I’m aware of their lives but probably saved the most They have lived through war, many of the threats we have stopped, glorious symbol of our democracy in through economic crisis, and through and we are realizing again how the the world, the U.S. Capitol, and many, the gravest attacks. Now, while they enemy is never going to stop, and we many who were working here on that are in our keeping, let us defend them, can’t let our guard down. day. Remember our shock and fury. Re- serve them, live for them, and pass Also, in the interests of bipartisan- member our national unity and the them down unharmed and undamaged. ship, I believe we should give President feeling of common purpose. Remember All that, my fellow colleagues, on be- Bush credit for setting up the inter- how the whole world stood with us and half of the 300 million people who have national level of cooperation with so shared our outrage and our agony. sent 435 of us here to represent their many countries throughout the world These memories are available to all views and their aspirations, their cour- and also for breaking down barriers of us if we take but that one moment. age and their commitment. Let us with their own intelligence agencies We all experienced these events, and again resolve today, may we hold it for and requiring them to share informa- all that’s needed is to take a moment, tomorrow and every day thereafter. tion with local police departments. It to set aside a little bit of time and let Ms. ROS-LEHTINEN. Mr. Speaker, I is not because of luck we haven’t been it all come back. Why? Is it a morbid would like to yield 3 minutes to the attacked in 8 years. On September 12, fascination with catastrophe? Is it gentleman from New York (Mr. KING), 2001, no one would have thought we merely to justify some policy or ex- the ranking member of the Committee would go 8 years without being at- penditure? I would suggest two other on Homeland Security, who lost so tacked the way we were on that hor- reasons. many of his constituents that day on 9/ rible day of September 11. First, memory is what we owe to 11. Also, in the interest of bipartisan- those who were so unjustly murdered. Mr. KING of New York. I thank the ship, it is important for us, as Repub- We cannot bring them back and we gentlelady for yielding. licans, to stand with President Obama cannot give meaning to the horrific act Mr. Speaker, I am proud to rise in with his policy in Afghanistan, which that took them from us, but we can re- support of this resolution today. And is a continuation of efforts that we member them as our fellow Americans, at the outset, let me commend the ma- began against the Taliban and al Qaeda as people whose lives were connected to jority leader, Mr. HOYER, and the Re- after the attacks of September 11. This thousands of our fellow citizens who publican leader, Mr. BOEHNER, for in- issue of international terrorism is too still mourn them to this very day. troducing the resolution and showing important to allow us to be divided by Second, I think we should take a mo- the spirit of bipartisanship that is so partisan politics. We came together as ment to ponder the last 8 years. What essential. a Nation on September 11 and the days have we done in response to that day? Mr. Speaker, September 11 is not just after. It is important that we stay to- What have we learned? What do we still history. It is real. It is with us every gether. owe to those who died? And what we day. As the ranking member, Ms. ROS- This, as President Kennedy said in have used their deaths to justify? Have LEHTINEN, said, I lost approximately 1961, is going to be a long twilight we made the world a safer place? Have 150 friends, neighbors and constituents struggle. But we won that Cold War, we made our homeland more secure? on September 11, and that is true of al- and we’re going to win this war. We are Will the next generation of Americans most every Member of the downstate going to prevail if we stand together as face more or less danger because of our delegation from New York. In fact, I one, stand together as a Nation and re- actions? Each of us will still have our can’t drive throughout my district alize that our enemy is attempting to own answers to those questions, just as without seeing sign after sign, street destroy us. But if we stand together as each one of us remembers that awful signs commemorating the police offi- one with our allies and with our forces day uniquely. cers and firefighters who were killed on here in this country, we can never be The SPEAKER pro tempore. The that day. So this was a real tragedy. It defeated. time of the gentleman has expired. is a real tragedy that continues today Mr. ACKERMAN. Mr. Speaker, I Mr. ACKERMAN. I yield myself an- in those families, with their friends yield myself 3 minutes. other 15 seconds. and with their neighbors. Mr. Speaker, I rise in strong support In this great Nation which gives each It is also an ongoing threat against of the resolution and commend the ma- person complete freedom of thought, the United States of America. The at- jority leader and the minority leader belief and expression, in which the gov- tacks on September 11 do not end on for their good work. We have before us erned choose who will govern them, the September 11. The fact is we have an an excellent memorial resolution. It is meaning of 9/11 and the consequences of enemy of Islamic terrorism, al Qaeda, succinct and strong and truly expresses that terrible, terrible, terrible day re- which threatens us throughout the what I believe to be the position of the main for us to decide, each man and world and, indeed, here in our own entire House. woman for themselves. All it takes is country. In New York alone, there have As we consider this resolution, I that moment to remember. been attacks foiled against the Brook- would suggest that every Member take I reserve the balance of my time. lyn Bridge, Herald Square, against a moment to close their eyes, if they Ms. ROS-LEHTINEN. Mr. Speaker, I Fort Dix in neighboring New Jersey, are in their offices, turn off the chat- would like to yield 2 minutes to the against the synagogues in Riverdale in tering of the television or the impor- gentleman from Indiana (Mr. BURTON), the north Bronx. So these are issues. tuning of their staff and try to think the ranking member on the Sub- This is a threat which is ongoing and it back to September 11, 2001. It really committee on the Middle East and is real. We always have to keep our de- was 8 years ago. South Asia. fenses up. Remember how beautiful that day We have to thank the men and was. Perfect. A clear, crisp September b 1400 women of our Armed Forces who are day with a cloudless sky. Remember Mr. BURTON of Indiana. I thank the fighting throughout the world, the men where you were when you heard that gentlelady from Florida for yielding and women of our intelligence agen- our Nation was under attack, when you me this time. cies, the men and women of the State first saw those awful images of the I would just like to say to my col- and local police departments in New towers gushing black smoke and the league, Mr. ACKERMAN, I really appre- York, of the New York City Police De- Pentagon in flames. Remember the ciate your remarks; I think they were partment, of the Nassau County Police thousands of our fellow Americans who right on the money.

VerDate Nov 24 2008 02:03 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.082 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9383 I’ve heard a lot of my colleagues Mr. ACKERMAN. Mr. Speaker, I am intelligence community. We cannot talking about how we should remember pleased to yield 1 minute to the gen- threaten them with prosecution. We those who died and sacrificed their tleman from New Jersey (Mr. SIRES). cannot have a global justice policy lives on September 11, and I think Mr. SIRES. Mr. Speaker, I rise today that Mirandizes terrorists captured on that’s fitting and proper; but one of the in support of the resolution expressing the battlefield in Afghanistan when the things that I don’t want to ever happen the sense of the House regarding the first words we say to them is, You have again is a repeat of 9/11. And for the terrorist attacks launched against the the right to remain silent. How in the past 8 years, we have not had another United States on September 11, 2001. As world will we get good intelligence attack due in very large part to the the district I represent sits across from with that kind of policy? Homeland Security people and to the downtown Manhattan, my constituents And if I could close with an FBI CIA and to the FBI. We have inter- and I are faced with a constant visual quote before 9/11 that said, ‘‘Some day cepted information from terrorists and reminder of that day’s tragic events. someone will die and the public will we’ve been able to prevent additional As time passes, we must continue to not understand why we were not more attacks because of the work they’ve commemorate this sad day. We will re- effective at throwing every resource we done. And I think it is improper for us member the innocent lives that were had at certain problems, especially today, while we’re remembering those lost, the heroes that emerged from this since the biggest threat to us now, who sacrificed their lives on that day, disaster, and we will remember how Osama bin Laden, is now getting the most protection.’’ the firemen and the people on those this day forever changed our lives. The SPEAKER pro tempore (Mr. planes, I think we would be remiss if As new generations grow older, we must pass on the lessons of this day ROSS). The gentleman’s time has ex- we didn’t think about the future and be pired. and its significance to our country. For concerned about that never happening Ms. ROS-LEHTINEN. I yield the gen- again. 8 years, we have mourned the lives tleman an additional 30 seconds. Right now, the Justice Department lost, and we have worked at home and Mr. MCCAUL of Texas. I thank the of the United States is investigating abroad to protect our great Nation, its gentlelady. the CIA. And those people have been people, and the ideals it represents. We will never forget that day. We can involved in stopping terrorist activity I am pleased to join my colleagues in never make the same mistake again. by going after the terrorists and mak- remembering this significant day and We owe that to the victims and the he- ing them give us information that recognize how it continues to affect all roes of 9/11. It is our most solemn obli- would stop an additional terrorist at- our lives. I thank my colleagues for in- gation to first and foremost protect tack. Today they are under scrutiny, troducing this resolution. and defend the American people. and some of them may be prosecuted Ms. ROS-LEHTINEN. Mr. Speaker, I Mr. ACKERMAN. Mr. Speaker, I am for doing their job. I think that’s im- would like to yield 2 minutes to the pleased to yield 1 minute to the gen- proper. gentleman from Texas (Mr. MCCAUL). tleman from New York (Mr. Mr. MCCAUL. I thank the gentlelady. Everybody in America owes our in- MCMAHON). Mr. Speaker, today we rise as Ameri- Mr. MCMAHON. Mr. Speaker, I rise telligence agencies a debt of gratitude cans, first and foremost, to remember: today in strong support of House Reso- and Homeland Security a debt of grati- to remember the victims of 9/11, the lution 722 and to honor all those who tude for protecting this country for the 3,000 Americans who were killed on were murdered or injured in the ter- last 8 years. And if we don’t want to that day; to remember the fallen he- rorist attacks of September 11. see another 9/11—and none of us do, and roes, the firefighters, the police offi- As we honor that day, we are re- there have been some prevented like cers who rescued so many lives and minded that on that day we saw the the one in California that was going to some who gave the ultimate sacrifice. worst in humanity and the best in hu- take place—if we don’t ever want to see I remember watching the television manity. And let us focus on the best, that again, we must support the intel- on 9/11 with my daughter as the second because when I think of that day, I ligence agencies who are stopping the airplane flew into the building and she think of people like one of the more terrorists. And right now, the attack said, Daddy, why did that airplane fly than 300 people from my district who that’s taking place by the Justice De- into the building? And by the time the lost their lives that day, like Stephen partment on the CIA only discourages second one hit, we all knew that this Siller, a devoted husband and father of those who do their job to protect this was no accident; this was an inten- five who served as a member of the country from doing their job. tional act of terrorism, an act of war New York City Fire Department. If you’re a CIA agent today and you against the United States. Stephen was on his way home from a know the Justice Department is watch- I was a counterterrorism prosecutor tour of duty that ended at 9 o’clock ing every single thing you do in trying in the Justice Department. We saw that morning when he was on the to stop a terrorist attack, are you many warning signs—the embassies in Verrazano Bridge and heard the call of what happened. He turned his private going to want to take the risk of being Africa, the USS Cole, 1993 World Trade vehicle around and drove back to the prosecuted because you’re going after a Center, Ramzi Yousef, who almost Brooklyn Battery Tunnel, took all his terrorist to make him give you infor- brought the World Trade Center down gear out, put it on—because of traffic mation that will stop another terrorist that day—when they arrested him in attack? he couldn’t get through—ran back Islamabad, many of you may not know through that tunnel to the World The SPEAKER pro tempore. The gen- this, but they found 12 baby dolls tleman’s time has expired. Trade Center, where he joined his stuffed with chemical explosives that brothers from the fire department, and Ms. ROS-LEHTINEN. I yield the gen- he intended to take on airplanes, part others, rescued tens of thousands, but tleman an additional 30 seconds. of the Bojinka plot to blow up 12 air- they lost their lives. Mr. BURTON of Indiana. We’re de- planes simultaneously. Each September since that day Ste- moralizing our intelligence agencies by The evil genius, his uncle, Khalid phen’s family and the people of New doing this right now. It may be unin- Sheikh Mohammed, the mastermind of York City honor his memory and brav- tentional, I don’t know, but we cer- 9/11, who to this day the information ery with a 5K race known as the ‘‘Tun- tainly should not be doing it. They we obtained from him has saved Amer- nel to Towers’’ race that retraces Ste- were doing their job. If you don’t agree ican lives, the most chilling experience phen’s steps. In addition, Stephen’s with waterboarding, or whatever it I’ve had as a Member of Congress was memory lives on in the good works the was, okay, but that’s something that’s to see Khalid Sheikh Mohammed im- family has done by building Stephen’s in the past. We shouldn’t discourage prisoned down in Guantanamo, the House and Home for Orphans. our intelligence agencies from doing man who was responsible for killing So today I urge all of my colleagues their jobs now. We want to protect 3,000 Americans. and all Americans to not only honor every single American from another As the 9/11 Commission said, the only those we lost, but to honor the bravery terrorist attack, and the way to do it is way we will ultimately prevail in this and spirit of countless people like Ste- certainly not by attacking our intel- twilight struggle is through good intel- phen Siller who made the ultimate sac- ligence people. ligence. We cannot tie the hands of the rifice to save others.

VerDate Nov 24 2008 02:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.084 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9384 CONGRESSIONAL RECORD — HOUSE September 9, 2009 Ms. ROS-LEHTINEN. Mr. Speaker, I Homeland Security Committee. The The men and women of the U.S. military am pleased to yield 2 minutes to the work we do every day should be silent prove daily that their commitment to protecting gentleman from New Jersey (Mr. work, but it is work to ensure that the and defending our country is steadfast. Let us FRELINGHUYSEN), an esteemed member Nation’s airlines and airports, train remember those who fought and died while of the Committee on Appropriations stations and railroads and mass transit serving the country, let us honor those who who also lost constituents that day. and everywhere we go protects the continue to fight, and let us pledge our Mr. FRELINGHUYSEN. I thank the American people. It is a world that unending support for our soldiers and their gentlewoman for yielding to me, and I stands up against terrorism, but under- families. rise in support of the resolution. stands that America can be a friend. As a Senior Member of the Foreign Affairs Eight years have now passed since So today, as we come together as a and Homeland Security Committees, I believe tragedy struck our Nation. In lower Congress, as we did those few years ago that we must continue to honor the fallen by Manhattan, the fields of Pennsylvania, and stood on the front steps singing working to prevent needless deaths. In the and across the river at the Pentagon ‘‘God bless America,’’ I rise today to years since September 11, 2001, Congress more than 3,000 of our fellow Ameri- tell those families we will never forget has worked hard to make sure that such a cans lost their lives. The events of that them. And it is our obligation to be tragedy will never happen again. In large part, day remain indelibly etched in our col- diligent, to be responsive, and to be re- we have taken heed of the advice of the 9/11 lective memory. membered. Commission and built a strong system to pre- Of those lost, 700 of the victims came God bless America. vent future attacks. from New Jersey, many from my con- Ms. JACKSON-LEE. Mr. Speaker, I rise Mr. Speaker, I rise before this body to say gressional district, and many more today in support of the H. Res. 722. The leg- that our work is not yet done. Our nation’s rail from New York, other States, and 80 acy of the events of September 11, 2001 still and mass transit lines continue to be vulner- nations. For those of who us had this resonates today. We will never forget the able. Millions of Americans rely on our rail and tragedy hit so close to home, I know harrowing experience of the loss of more than mass transit for transportation. Terrorist at- that each September 11 brings with it a 3,000 lives that marked this national tragedy. tacks in Madrid in 2004 and London in 2006 great deal of sorrow. Later this week, We will never forget the events of that day, indicate that transportation routes continue to all of us will have the honor of attend- nor those who paid the ultimate price. We will be potential security threats. We must not let ing a number of 9/11 remembrances, es- forever remember how the country suffered another tragedy occur. As Chair of the Trans- pecially in New Jersey, the home of so profound sadness, the likes of which we as a portation Security Subcommittee—we are many good people who died, as well as nation hope to never experience again. working to increase America’s security. to honor those who sought to save Mr. Speaker, I recall vividly the intense Preventing terrorism at home begins with them, our first responders. emotions evoked as the attacks unfolded. The addressing terrorism abroad. We must engage My constituents remember that day nation watched in horror as two airliners nations that are susceptible to the influence of every day. That day dawned like most crashed into the Twin Towers and brought extremists and arm them with the tools to fight days in New Jersey, bright and clear; down the World Trade Center. That horror in- radicalism. That means increasing education, crowded train stations in the morning tensified as we witnessed an attack on the improving living conditions, and increasing the taking people across the Hudson to Pentagon, and a crashed airplane in Pennsyl- capacity to govern. The struggle against ter- lower Manhattan, parking lots packed vania. Horror turned to anger as it came to rorism will be won in the hearts and minds of with cars as they are most mornings. light that the attacks were the actions of hate- people around the world. That evening, however, the scene was filled cowards who had no respect for human Mr. Speaker, I urge all members to join me far different; trains weren’t full, cars life. I remember too, that in the aftermath of in supporting H. Res. 722. Let us remember remained unclaimed in parking lots, these senseless attacks, we came together as this day and the tragedy that befell the nation and many families were left wondering a nation and with friends from around the by properly honoring the victims with our re- what had happened to their loved ones. world united in grief and sadness. That mo- newed commitment to America’s security and A single day that changed how each of ment transformed our country and the world, Democracy. us would think for the rest of their as the resolve of our nation strengthened and Mr. ACKERMAN. Mr. Speaker, I am lives. our principles hardened. privileged to yield 1 minute to the gen- At one of those small train stations We remember the heroes from that day; tleman from Ohio (Mr. KUCINICH). in Chatham there is a tree at whose those who ran into the danger, sacrificing Mr. KUCINICH. I rise in support of base is a plaque inscribed: ‘‘We shall themselves to save strangers. They were the the resolution. It’s important that we never forget our friends and neighbors brave firefighters, police officers, and civil remember 9/11, those innocents who who rode the rails with us that morn- servants who died in the service of protecting lost their lives, those who put their ing but did not return with us that others. We remember the heroes from United lives at risk while saving lives, and night.’’ That remarkable poignant Flight 93 who overpowered the terrorists and those who survived to grieve the loss of quotation. We will never forget those gave their own lives to prevent the deaths of irreplaceable loved ones. victims. We will never forget those who countless others. We hope that their families We have a responsibility to remem- sought to save them at the Pentagon, can take some small measure of comfort ber 9/11. It would be good, too, for us to in Pennsylvania, and in lower Manhat- knowing that Americans have made a perma- remember the course of action our Na- tan. Their bravery will never be forgot- nent place for those heroes in our hearts. tion embarked upon as a consequence ten. In Houston, we mourned the loss of two of of 9/11. We have a right, a duty to de- Mr. ACKERMAN. Mr. Speaker, I am our own: Naval Petty Officer 3rd Class Daniel fend ourselves, but in the name of 9/11 pleased to yield 1 minute to the gentle- Martin Caballero and Army Lieutenant Colonel war was waged against the people of lady from Texas (Ms. JACKSON-LEE). Karen Wagner. Twenty-one year old Petty Of- Iraq who had nothing to do with 9/11. Ms. JACKSON-LEE of Texas. I thank ficer Caballero was an electronics technician At this point, let us remember our the distinguished gentleman from New who had a bright life ahead of him. Forty-year- troops, too, and their sacrifices since 9/ York and the distinguished gentlelady old Lt. Col. Wagner had a distinguished career 11, and the over 1 million innocent ci- from Florida. as a medical personnel officer in the office of vilian casualties everywhere who also This is a duty that we do not relish, the Army surgeon general. Both lives were paid a price because of 9/11. We should but that we obligate ourselves to be taken when United Flight 77 was steered into never forget 9/11, and we should never able to be reminded of the lost souls of the Pentagon. Also Councilmember Toni Law- forget the truth. September 11, 2001. It changed the in- rence lost her dear sister to this horrible trag- In our grief, we know the truth is our nocence of America, but yet we stood edy. ultimate defense. The truth is our se- tall as we mourned with these families Mr. Speaker, I ask that we also pay tribute curity. It is the truth which sets us from far and wide that we are America today to those who have fought the wars born free and the truth which keeps us free. that believes in justice and civil lib- from September 11. In the years since that God bless America. erties and, yes, the Bill of Rights. tragic day, our country has fought ardently to WASHINGTON, SEPT. 11, 2001.—America The Homeland Security effort was eliminate the enemies who would work to per- grieves this day for the victims of these ter- born during that time. I began to serve petuate the culture of fear and violence born rorist attacks, and for their families and on the Select Committee and now the from 9/11. friends. Our prayers are with them and our

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.086 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9385 hearts go out to those who have endured un- So I say to all of you that many of attackers, the belief in freedom, the bearable loss today. Our most hopeful the wounds of that fateful day will heal belief in democracy, the belief in lib- thoughts are with those who have risked over time, but that we will never forget erty. And as we recall this somber an- their lives in heroic rescue efforts. In this the heroism we witnessed, the lessons grim moment, we must be resolute in pro- niversary of this resolution before us, tecting the fabric of our democracy and the we learned, the redemption the Amer- let us honor the memory of those individual freedoms that make America a ican people earned through our own whom we lost, the murdered, for it was great nation. As we grieve, we cannot let ter- strength. And so we pray that this a crime, and the heroism of our public rorists win by turning the United States into never happens again. servants, our first responders, our ordi- a national security state. We cannot let Mr. ACKERMAN. I yield myself 10 nary fellow citizens who were so ex- their dialogue become our dialogue. seconds. traordinary that day, who discovered America must remain calm because such We have no further additional Mem- the extraordinary courage of self-sac- calm is essential to preserving our liberties. bers, so if the gentlewoman would like America must bring to justice those respon- rifice on behalf of their fellow citizens, sible for these cowardly deeds. We must be to close we will wait on the Speaker if some of whom they had never met, in- cautious about rolling back freedoms at she chooses to close as well. cluding many of us in this building. home or placing blame in the wrong place. Ms. ROS-LEHTINEN. Do you need an And let us resolve that 9/11 will not America must continue to be a beacon of additional minute? I think we only just be an anniversary that we com- democracy for the world. Let this sad mo- have how much time, Mr. Speaker? memorate with an interesting and ment cause all governments and all people of The SPEAKER pro tempore. The gen- good will around the world to unite and to touching ceremony, but that 9/11 is tlewoman from Florida has 2 minutes really a symbol of what America is move together to challenge and uproot those remaining, and the gentleman from who have destructive goals which seek to about, how we dealt with that struggle, New York has 3 minutes remaining. create death and drive the world toward how we dealt with that devastation, Mr. ACKERMAN. Mr. Speaker, I chaos. Now, more than ever, America must how we dealt with that sorrow and continue to be a force for peace in the world. yield myself 2 minutes. Mr. Speaker, the day after that hor- what we said we would do as a people, We must not let the terrorists win. that we would not let this attack go Mr. ACKERMAN. Mr. Speaker, could rific event, I was back in New York. I went to the piers where the people were unanswered. I request of the gentlewoman from And to frame the events of that day waiting to claim bodies and hear of Florida if she has the time and would as they should be framed, as freedom be willing to lend us one of her min- missing loved ones. There was a gentleman before this versus oppression, as tolerance versus utes. hatred, as incitement versus under- Ms. ROS-LEHTINEN. Yes, we would huge wall where people had posted pic- tures of relatives that were missing. standing. And this is what we fight for be more than happy to do so. We were to this day: for freedom, for tolerance, waiting to see if some of the speakers And there was one gentleman standing there—it was close to midnight—all by to make sure that we can just not re- who had reserved time would show up; call the days of 9/11, but also honor the but since they are not here yet, we himself, in traditional Orthodox Jewish garb, with a long black coat and large memory and what they stood for. would be more than pleased to give you Mr. Speaker, I yield back the balance some of our time, 1 minute. black-brimmed hat standing in front of a picture of someone who looked re- of my time. Mr. ACKERMAN. Thank you so Mr. ACKERMAN. Mr. Speaker, I am markably like him. much. And if someone shows up and pleased to yield for the purpose of a you need the time, I would be happy to And he just stood there stone-faced. unanimous consent request to the gen- make a unanimous request that that be And I just went over and stood next to tlewoman from New York (Ms. restored to you. him as one of the firemen called him to Mr. Speaker, it is now my pleasure to my attention. And he said, without CLARKE). (Ms. CLARKE asked and was given recognize the gentleman from New Jer- turning away from the picture that he permission to revise and extend her re- sey (Mr. PASCRELL) for 13⁄4 minutes. was looking at on the wall, the missing person, he said, That was my brother. marks.) b 1415 He is gone. He called me moments be- Ms. CLARKE. Mr. Speaker, I rise to Mr. PASCRELL. Thank you, Mr. fore the building collapsed. He said he add my voice to those who have spoken Chairman. knew what was happening, but he in support of this bipartisan 9/11 resolu- I rise today as this Congress com- would not leave his workplace. tion, H. Res. 722. memorates perhaps the most horrific He worked in a station next to a Mr. Speaker, I proudly rise in support of the day in our Nation’s history, that day young man from Puerto Rico who was bipartisan 9–11 Resolution, H. Res 722, which being September 11, 2001. So many of us sitting in a wheelchair and who was recognizes September 11 as both a day to in New Jersey and New York lost our frightened. And he said, My brother mourn and remember those that were taken friends, our loved ones, acquaintances told me I will not let him stay here to from us, and a day for the people of the and people we never met before. die alone. And they were holding hands United States to recommit to the Nation and to It’s difficult to believe that it was al- when his brother hung up the phone. each other. most 8 years to the day when our Na- That was the kind of bravery we saw Today, Congress pauses to reflect on the tion was attacked by foreign terrorists from Americans, all kinds of Ameri- life and legacy of the men and women whose and claimed almost 3,000 lives, includ- cans on that fateful day. lives were tragically altered or cut short as a ing 411 of our Nation’s bravest first re- Let us remember them and the sac- result of the violent attacks on 9–11–01. sponders. As a Member of the Home- rifice they made. I began my public life as a member of the land Security Committee, I am proud Mr. Speaker, I reserve the balance of New York City Council shortly after the attacks of the steps that we have taken since my time. of September 11th changed America’s percep- that fateful day to make the American Ms. ROS-LEHTINEN. Mr. Speaker, I tion on the world. From that first day, I have people safer, but our work obviously is would like to yield myself such time as dedicated myself to the issues of security and far from complete. This is a mission I may consume. preparedness. we, as public servants, can never stop I thank my good friend from New As the only New York City member of the striving to achieve. York and our chairman, Mr. BERMAN, House Committee on Homeland Security, I am I am also proud that earlier this year and Mr. HOYER and Mr. BOEHNER for humbled at the opportunity to commemorate we passed the aptly named Edward M. this resolution. this day with my colleagues and victims’ fami- Kennedy Serve America Act, which Mr. Speaker, when we talk about the lies. will designate September 11 as the first 9/11 attacks on our Nation, we must We will never forget that almost 3,000 lives annual National Day of Service and Re- also recall that it was an attack on our were lost, including 343 firefighters and 23 po- membrance. On September 11, more so way of life. It was an attack on what lice officers, on that day. Their contributions than any other day of the year, we we stand for, on what we represent. and legacies will forever be honored and re- should come together as Americans What is it that we represent? Freedom, vered. and find new ways to save our Nation, democracy, liberty. I salute the many World Trade Center and and hopefully that will spill over to the These are the values that distinguish Pentagon workers who may not have held a days after. our Nation, our people, from our corner office with their names on the door, but

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.041 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9386 CONGRESSIONAL RECORD — HOUSE September 9, 2009 were an integral part of our thriving economy Following that ceremony, we will go Mr. MARKEY of Massachusetts. Mr. Speak- and communities. to Statuary Hall where leaders of both er, this week we commemorate the eighth an- I salute the mothers, teachers, doctors, flight parties in both Houses of Congress will niversary of the most devastating attack on crews and other valuable members of our so- gather to recognize the heroes of 9/11, our country since Pearl Harbor. The planes ciety that were taken from us on that tragic the firefighters and first responders, which destroyed the World Trade Center tow- day. the rescue workers and all who per- ers took off from Boston. The planes carried As we prepare to commemorate that tragic ished on Flight 93, in the Pentagon and 142 passengers and crew members, many of day with several victims’ families on the front the World Trade Center on that ter- them were our neighbors, and the catastrophe steps of the U.S. Capitol, I offer my prayers to rible morning. It is in their names that almost 200 miles south in Manhattan was also all 9–11 families and the survivors whose lives we mark this day. a catastrophe for victims’ families and their are forever changed. It is in memory of those who died loved ones and friends in communities across I especially send my condolences to the that we, in the words of this resolution, Massachusetts. parents and families of the children who’s pre- renew our devotion to the universal The September 11th attacks demonstrated cious lives were tragically taken from us on ideals that make this Nation great: that America’s very strengths—its technology that fateful day. freedom, pluralism, equality and the and its open society—could be turned into The collective sacrifices, strength, and com- rule of law. It is their voices that re- weapons and used against us. We have spent passion of these individuals and all Ameri- mind us not just of the images of de- much of the past eight years trying to reduce cans, as well as the fallen soldiers that we struction and despair, but of the unity the opportunities for terrorists to exploit our have lost in the fight against terror and the we all felt in the wake of the attacks vulnerabilities; while we can claim significant families they’ve left behind—all of whom rep- and of our common humanity and achievements we must admit that the job is resent diverse backgrounds and beliefs—re- shared strength, of our potential to not done. Two years ago, the Democratic Congress mind us that our national resiliency lies within move forward as one community, one our ability to come together as a nation for the passed legislation to implement the rec- Nation. When we take inspiration from greater good of our society. ommendations of the 9/11 Commission, desig- the memories of the heroes of 9/11, may Mr. ACKERMAN. I thank the distin- nating it as our top priority—H.R. 1. But much this resolution rekindle a spirit of serv- guished gentlelady from Florida for her work to implement the bill’s provisions and ice and sacrifice among all Americans. cooperation in this bipartisan effort other needed homeland security upgrades is May God continue to bless the United and expression of the House. still needed, and it is now up to the Obama States of America. I yield the balance of our time, 1 Administration to end the years of delays, ob- Mr. TEAGUE. Mr. Speaker, like all Ameri- minute, to the distinguished Speaker struction and catering to industry’s demands cans I still mourn the innocent lives that were of the House to close the debate, Ms. that was characteristic of the Bush Administra- lost on September 11, 2001. Though I was not PELOSI. tion’s homeland security policy. Ms. PELOSI. I thank the gentleman in Washington, DC or New York City on that I authored a provision in the 9/11 law to re- for yielding. I thank Congressman ACK- day, I am often reminded of the attacks when quire the screening, within three years, of all ERMAN and Congresswoman ROS- I pass the Pentagon on my way to the Capitol. the cargo carried on passenger planes to a LEHTINEN for bringing this opportunity And when I think of the thousands of family level of security commensurate with the level to the floor to speak about the un- members that lost a loved one on that day, I of security applied to passengers’ checked speakable horror of 9/11. admit that it makes me want to visit with my bags. The statutory deadline is less than one When we talk about this subject, Mr. own children a little more often, play with my year from now, in August 2010. I am con- Speaker, we are treading on sacred grandchildren a little longer and hold my wife cerned that the system developed by the pre- ground, a ground we thought we would a little closer. vious administration to implement the 100 per- never see in our country. On September 11th, 2001, America was ex- cent screening requirement is facing signifi- But as Congresswoman ROS-LEHTINEN posed to a darker side of the human condi- cant challenges and must be quickly remedied said, it has defined us, how we dealt tion—one that is so fueled by hate and fear by this Administration in order to comply with with it, and how we carry on afterward. that it would drive individuals to come to a for- the law. One of the goals of terrorists is to in- eign land and dedicate themselves to studying A requirement that I helped to insert into the still fear. So not only do they take the most efficient way to murder innocent civil- 9/11 law contains a mandate to scan all in- lives and destroy a community, try to ians. bound maritime cargo at its point of origin by destroy a community, they also instill The 9/11 attacks were cowardly actions by 2012, unless the Department of Homeland Se- fear as to how we will act upon the desperate, evil men, but, like we’ve seen on curity chooses to extend the deadline for a challenges that we have as we go for- other tragic days in our Nation’s history, the particular port or group of ports because of ward. That did not happen with 9/11. attacks also shined a light on American brav- technological, economic or other barriers. I be- The American people rallied in a way ery and heroism. lieve that Congress included sufficient flexi- that removed all doubt that we would Our firefighters and other first-responders bility in the statutory requirements to address not suffer that consequence. But it’s ran into buildings that were about to collapse, any delays in meeting the 2012 statutory the families of 9/11 who made the big- sometimes sacrificing their own lives to save deadline for maritime scanning that may have gest sacrifice, that’s self-evident. But others. The passengers of United Flight 93 be- been caused as a result of inaction by the last when they turned their grief into ac- came true citizen-soldiers when they chose to Administration, and now the Obama Adminis- tion, working with the 9/11 Commission take on the hijackers and sacrifice themselves tration is tasked with implementing this vital to help ensure that this doesn’t happen to save others, demonstrating to the world security safeguard. again, they did a great service to our what makes us strong and good as a country. Since 9/11, Congress has enacted legisla- country. These brave people showed that even in tion to secure the aviation, maritime, rail, mass In just a few moments, in the Cap- one of the darkest hours in our history, Ameri- transit, nuclear energy and other sectors. But itol, we will unveil a marker of bravery cans were resolute, resilient and committed to what we have yet to do is act on comprehen- to recall the sacrifice, in particular of see the light of our liberty burn steady and sive legislation to secure the facilities that the men and women on Flight 93 who bright. make or store dangerous chemicals. Instead, died in rural Pennsylvania. We gather Let us remember that while these horren- we have relied on the incomplete, inadequate to honor their families, who will be dous acts may have toppled over buildings and loophole-ridden legislative language that with us. This is the day that they have and taken the lives of innocent Americans, was inserted into a 2007 Appropriations bill chosen for that and to ensure that we they neither destroyed our Republic nor the behind closed doors that amounted to little never forget their heroic deeds, their principles upon which our country was built. more than a long run-on sentence. The En- bravery and the sacrifices of those indi- Eight years after that dark day, it is appro- ergy and Environment Subcommittee which I viduals. They made a decision in that priate for us to take time to remember those chair will soon act on comprehensive chemical flight not to fly into Washington, D.C., that lost their lives in these attacks and those security legislation that will close the loopholes perhaps into this Capitol. who gave their lives so that others would live. in part by requiring each high-risk facility to Again, it is to those families that we And it is equally important for us to acknowl- assess whether it could use safer processes owe so much, whether it was in rural edge that despite these tragic events America or technologies and provide authority to en- Pennsylvania, in the Pentagon, or in has remained free, strong and committed to sure that the highest-risk facilities do so if it is New York at the Twin Towers. liberty. economically and technologically possible.

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 9920 E:\CR\FM\A09SE7.043 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9387 The upcoming anniversary is a time for re- The Clerk read the title of the resolu- Marshall Peters Shimkus tion. Massa Peterson Shuler flection and commemoration. But it is also an Matheson Petri Shuster opportunity to review the progress we have The SPEAKER pro tempore. The Matsui Pingree (ME) Simpson made towards improving the security of all question is on the motion offered by McCarthy (CA) Pitts Sires Americans. the gentleman from New York (Mr. McCaul Platts Skelton McClintock Poe (TX) Smith (NE) On this 8th anniversary of a terrible tragedy, TONKO) that the House suspend the McCollum Polis (CO) Smith (TX) I am taking time to both remember those who rules and agree to the resolution, H. McCotter Pomeroy Smith (WA) we lost and to rededicate myself to ensuring Res. 447. McDermott Posey Snyder McGovern Price (GA) that such a tragedy will never again be al- The vote was taken by electronic de- Souder McHenry Price (NC) Space lowed to occur. vice, and there were—yeas 420, nays 0, McHugh Putnam Speier The SPEAKER pro tempore. The not voting 13, as follows: McIntyre Quigley Spratt question is on the motion offered by McKeon Radanovich Stark [Roll No. 690] McMahon Rahall the gentleman from California (Mr. Stearns YEAS—420 McNerney Rangel Stupak ERMAN Meek (FL) Rehberg B ) that the House suspend the Sullivan Abercrombie Cole Heinrich Meeks (NY) Reichert rules and agree to the resolution, H. Taylor Ackerman Conaway Heller Melancon Reyes Teague Res. 722. Aderholt Connolly (VA) Hensarling Mica Richardson Terry The question was taken. Adler (NJ) Conyers Herger Michaud Rodriguez Thompson (CA) Akin Cooper Herseth Sandlin Miller (FL) Roe (TN) The SPEAKER pro tempore. In the Thompson (MS) Alexander Costa Higgins Miller (MI) Rogers (AL) opinion of the Chair, two-thirds being Thompson (PA) Altmire Costello Hill Miller (NC) Rogers (KY) Thornberry in the affirmative, the ayes have it. Andrews Courtney Himes Miller, Gary Rogers (MI) Tiahrt Mr. ACKERMAN. Mr. Speaker, on Arcuri Crenshaw Hinchey Miller, George Rohrabacher Tiberi that I demand the yeas and nays. Austria Crowley Hinojosa Minnick Rooney Baca Cuellar Hirono Tierney The yeas and nays were ordered. Mitchell Ros-Lehtinen Bachmann Culberson Hodes Mollohan Roskam Titus The SPEAKER pro tempore. Pursu- Bachus Cummings Hoekstra Moore (KS) Ross Tonko ant to clause 8 of rule XX and the Baird Dahlkemper Holden Moore (WI) Rothman (NJ) Towns Tsongas Chair’s prior announcement, further Barrett (SC) Davis (AL) Holt Moran (KS) Roybal-Allard Barrow Davis (CA) Honda Moran (VA) Royce Turner proceedings on this motion will be Bartlett Davis (KY) Hoyer Murphy (CT) Ruppersberger Upton postponed. Barton (TX) Davis (TN) Hunter Murphy (NY) Rush Van Hollen Bean Deal (GA) Inglis Vela´ zquez f Murphy, Patrick Ryan (OH) Becerra DeFazio Inslee Murphy, Tim Ryan (WI) Visclosky REPORT ON RESOLUTION PRO- Berkley DeGette Israel Murtha Salazar Walden Berman DeLauro Issa Walz VIDING FOR CONSIDERATION OF Myrick Sa´ nchez, Linda Berry Dent Jackson (IL) Nadler (NY) T. Wamp H.R. 965, CHESAPEAKE BAY Biggert Diaz-Balart, L. Jackson-Lee Napolitano Sanchez, Loretta Wasserman GATEWAYS AND WATERTRAILS Bilbray Diaz-Balart, M. (TX) Neal (MA) Sarbanes Schultz NETWORK CONTINUING AUTHOR- Bilirakis Dicks Jenkins Neugebauer Scalise Waters Bishop (GA) Dingell Johnson (GA) Nunes Schakowsky Watson IZATION ACT Bishop (NY) Doggett Johnson (IL) Nye Schauer Watt Mr. PERLMUTTER, from the Com- Bishop (UT) Donnelly (IN) Johnson, E. B. Oberstar Schiff Waxman Blackburn Doyle Johnson, Sam Obey Schmidt Weiner mittee on Rules, submitted a privi- Blumenauer Dreier Jones Olson Schock Welch leged report (Rept. No. 111–249) on the Blunt Driehaus Jordan (OH) Olver Schrader Westmoreland resolution (H. Res. 726) providing for Boccieri Duncan Kagen Ortiz Schwartz Wexler Boehner Edwards (MD) Kanjorski consideration of the bill (H.R. 965) to Pallone Scott (GA) Whitfield Bonner Edwards (TX) Kaptur Pascrell Scott (VA) Wilson (OH) amend the Chesapeake Bay Initiative Bono Mack Ehlers Kennedy Pastor (AZ) Sensenbrenner Wilson (SC) Act of 1998 to provide for the con- Boozman Ellison Kildee Paul Serrano Wittman tinuing authorization of the Chesa- Boren Ellsworth Kilpatrick (MI) Paulsen Sessions Wolf Boswell Emerson Kilroy Payne Sestak Woolsey peake Bay Gateways and Watertrails Boucher Engel Kind Pence Shadegg Wu Network, which was referred to the Boustany Eshoo King (IA) Perlmutter Shea-Porter Yarmuth House Calendar and ordered to be Brady (PA) Etheridge King (NY) Perriello Sherman Young (FL) Brady (TX) Fallin Kingston printed. Braley (IA) Farr Kirk NOT VOTING—13 f Bright Fattah Kirkpatrick (AZ) Broun (GA) Filner Kissell Baldwin Maffei Smith (NJ) ANNOUNCEMENT BY THE SPEAKER Brown (SC) Flake Klein (FL) Boyd McCarthy (NY) Sutton PRO TEMPORE Brown, Corrine Fleming Kline (MN) Davis (IL) McMorris Tanner Brown-Waite, Forbes Kosmas Delahunt Rodgers Young (AK) The SPEAKER pro tempore. Pursu- Ginny Fortenberry Kratovil Lynch Slaughter ant to clause 8 of rule XX, proceedings Buchanan Foster Kucinich Burgess Foxx Lamborn will resume on motions to suspend the Burton (IN) Frank (MA) Lance b 1452 rules previously postponed. Butterfield Franks (AZ) Langevin Votes will be taken in the following Buyer Frelinghuysen Larsen (WA) Mr. NUNES changed his vote from order: Calvert Fudge Larson (CT) ‘‘nay’’ to ‘‘yea.’’ Camp Gallegly Latham House Resolution 447, by the yeas and Campbell Garrett (NJ) LaTourette So (two-thirds being in the affirma- nays; Cantor Gerlach Latta tive) the rules were suspended and the H.R. 2097, by the yeas and nays; Cao Giffords Lee (CA) resolution was agreed to. H.R. 2498, by the yeas and nays; Capito Gingrey (GA) Lee (NY) Capps Gohmert Levin The result of the vote was announced House Resolution 722, by the yeas and Capuano Gonzalez Lewis (CA) as above recorded. nays. Cardoza Goodlatte Lewis (GA) The first electronic vote will be con- Carnahan Gordon (TN) Linder A motion to reconsider was laid on Carney Granger Lipinski ducted as a 15-minute vote. Remaining Carson (IN) Graves LoBiondo the table. electronic votes will be conducted as 5- Carter Grayson Loebsack minute votes. Cassidy Green, Al Lofgren, Zoe f Castle Green, Gene Lowey f Castor (FL) Griffith Lucas RECOGNIZING CONTRIBUTIONS OF Chaffetz Grijalva Luetkemeyer MOMENT OF SILENCE COMMEMO- Chandler Guthrie Luja´ n RATING THE 9/11 ATTACKS AMERICAN COUNCIL OF ENGI- Childers Gutierrez Lummis NEERING COMPANIES Chu Hall (NY) Lungren, Daniel Clarke Hall (TX) E. The SPEAKER. The Chair would ask The SPEAKER pro tempore. The un- Clay Halvorson Mack all present to rise for the purpose of a finished business is the vote on the mo- Cleaver Hare Maloney moment of silence. The Chair asks that tion to suspend the rules and agree to Clyburn Harman Manzullo the House now observe a moment of si- Coble Harper Marchant the resolution, H. Res. 447, on which Coffman (CO) Hastings (FL) Markey (CO) lence in memory of the victims of the the yeas and nays were ordered. Cohen Hastings (WA) Markey (MA) terrorist attacks on September 11, 2001.

VerDate Nov 24 2008 02:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.047 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9388 CONGRESSIONAL RECORD — HOUSE September 9, 2009 ANNOUNCEMENT BY THE SPEAKER Johnson (GA) Miller (FL) Sarbanes A motion to reconsider was laid on Johnson (IL) Miller (MI) Scalise PRO TEMPORE Johnson, E. B. Miller (NC) Schakowsky the table. The SPEAKER pro tempore (Mr. Johnson, Sam Miller, Gary Schauer Jones Miller, George Schiff f ROSS). Without objection, 5-minute Jordan (OH) Minnick Schmidt voting will continue. Kagen Mitchell Schock WILLIAM O. LIPINSKI FEDERAL There was no objection. Kanjorski Mollohan Schrader BUILDING Kaptur Moore (KS) Schwartz f Kennedy Moore (WI) Scott (GA) The SPEAKER pro tempore. The un- Kildee Moran (KS) Scott (VA) finished business is the vote on the mo- STAR-SPANGLED BANNER Kilpatrick (MI) Moran (VA) Sensenbrenner Kilroy Murphy (CT) tion to suspend the rules and pass the COMMEMORATIVE COIN ACT Serrano Kind Murphy (NY) Sessions bill, H.R. 2498, on which the yeas and The SPEAKER pro tempore. The un- King (IA) Murphy, Patrick Sestak nays were ordered. King (NY) Murphy, Tim finished business is the vote on the mo- Shadegg The Clerk read the title of the bill. Kingston Murtha Shea-Porter tion to suspend the rules and pass the Kirkpatrick (AZ) Myrick Sherman The SPEAKER pro tempore. The bill, H.R. 2097, on which the yeas and Kissell Nadler (NY) Shimkus question is on the motion offered by Klein (FL) Napolitano Shuler the gentlewoman from the District of nays were ordered. Kline (MN) Neal (MA) Shuster Columbia (Ms. NORTON) that the House The Clerk read the title of the bill. Kosmas Neugebauer Simpson The SPEAKER pro tempore. The Kratovil Nunes Sires suspend the rules and pass the bill, question is on the motion offered by Kucinich Nye Skelton H.R. 2498. Lamborn Oberstar Smith (NE) the gentleman from North Carolina Lance Obey This will be a 5-minute vote. Smith (TX) The vote was taken by electronic de- (Mr. WATT) that the House suspend the Langevin Olson Smith (WA) rules and pass the bill, H.R. 2097. Larsen (WA) Olver Snyder vice, and there were—yeas 419, nays 0, This will be a 5-minute vote. Larson (CT) Ortiz Souder not voting 14, as follows: Latham Pallone Space The vote was taken by electronic de- LaTourette Pascrell [Roll No. 692] Speier Latta Pastor (AZ) vice, and there were—yeas 419, nays 1, Spratt YEAS—419 Lee (CA) Paulsen not voting 13, as follows: Stark Lee (NY) Payne Abercrombie Cassidy Frelinghuysen Stearns [Roll No. 691] Levin Pence Ackerman Castle Fudge Stupak Lewis (CA) Perlmutter Aderholt Castor (FL) Gallegly YEAS—419 Sullivan Lewis (GA) Perriello Adler (NJ) Chaffetz Garrett (NJ) Sutton Abercrombie Carnahan Filner Linder Peters Akin Chandler Gerlach Taylor Ackerman Carney Flake Lipinski Peterson Alexander Childers Giffords Teague Aderholt Carson (IN) Fleming LoBiondo Petri Altmire Chu Gingrey (GA) Terry Adler (NJ) Carter Forbes Loebsack Pingree (ME) Andrews Clarke Gohmert Akin Cassidy Fortenberry Lofgren, Zoe Pitts Thompson (CA) Arcuri Clay Gonzalez Alexander Castle Foster Lowey Platts Thompson (MS) Austria Cleaver Goodlatte Altmire Castor (FL) Foxx Lucas Poe (TX) Thompson (PA) Baca Clyburn Gordon (TN) Andrews Chaffetz Frank (MA) Luetkemeyer Polis (CO) Thornberry Bachmann Coble Granger Arcuri Chandler Franks (AZ) Luja´ n Pomeroy Tiahrt Bachus Coffman (CO) Graves Austria Childers Frelinghuysen Lummis Posey Tiberi Baird Cohen Grayson Baca Chu Fudge Lungren, Daniel Price (GA) Tierney Barrett (SC) Cole Green, Al Bachmann Clarke Gallegly E. Price (NC) Titus Barrow Conaway Green, Gene Bachus Clay Garrett (NJ) Mack Putnam Tonko Bartlett Connolly (VA) Griffith Baird Cleaver Gerlach Maloney Quigley Towns Barton (TX) Conyers Grijalva Barrett (SC) Clyburn Giffords Manzullo Radanovich Tsongas Bean Cooper Guthrie Barrow Coble Gingrey (GA) Marchant Rahall Turner Becerra Costa Gutierrez Bartlett Coffman (CO) Gohmert Markey (CO) Rangel Upton Berkley Costello Hall (NY) Barton (TX) Cohen Gonzalez Markey (MA) Rehberg Van Hollen Berman Courtney Hall (TX) Bean Cole Goodlatte Marshall Reichert Vela´ zquez Berry Crenshaw Halvorson Becerra Conaway Gordon (TN) Massa Reyes Visclosky Biggert Crowley Hare Berkley Connolly (VA) Granger Matheson Richardson Walden Bilbray Cuellar Harman Berman Conyers Graves Matsui Rodriguez Walz Bilirakis Culberson Harper Berry Cooper Grayson McCarthy (CA) Roe (TN) Wamp Bishop (GA) Cummings Hastings (FL) Biggert Costa Green, Al McCaul Rogers (AL) Wasserman Bishop (NY) Dahlkemper Hastings (WA) Bilbray Costello Green, Gene McClintock Rogers (KY) Schultz Bishop (UT) Davis (AL) Heinrich Bilirakis Courtney Griffith McCollum Rogers (MI) Waters Blackburn Davis (CA) Heller Bishop (GA) Crenshaw Grijalva McCotter Rohrabacher Watson Blumenauer Davis (KY) Hensarling Bishop (NY) Crowley Guthrie McDermott Rooney Watt Blunt Davis (TN) Herger Bishop (UT) Cuellar Gutierrez McGovern Ros-Lehtinen Waxman Boccieri Deal (GA) Herseth Sandlin Blackburn Culberson Hall (NY) McHenry Roskam Weiner Boehner DeFazio Higgins Blumenauer Cummings Hall (TX) McHugh Ross Welch Bonner DeGette Hill Blunt Dahlkemper Halvorson McIntyre Rothman (NJ) Westmoreland Bono Mack DeLauro Himes Boccieri Davis (AL) Hare McKeon Roybal-Allard Wexler Boozman Dent Hinchey Boehner Davis (CA) Harman McMahon Royce Whitfield Boren Diaz-Balart, L. Hinojosa Bonner Davis (KY) Harper McMorris Ruppersberger Wilson (OH) Boswell Diaz-Balart, M. Hirono Bono Mack Davis (TN) Hastings (FL) Rodgers Rush Wilson (SC) Boucher Dicks Hodes Boozman Deal (GA) Hastings (WA) McNerney Ryan (OH) Wittman Brady (PA) Dingell Hoekstra Boren DeFazio Heinrich Meek (FL) Ryan (WI) Wolf Brady (TX) Doggett Holden Boswell DeGette Heller Meeks (NY) Salazar Woolsey Braley (IA) Donnelly (IN) Holt Boucher DeLauro Hensarling Melancon Sa´ nchez, Linda Wu Bright Doyle Honda Brady (PA) Dent Herger Mica T. Yarmuth Broun (GA) Dreier Hoyer Brady (TX) Diaz-Balart, L. Herseth Sandlin Michaud Sanchez, Loretta Young (FL) Brown (SC) Driehaus Hunter Braley (IA) Diaz-Balart, M. Higgins Brown, Corrine Duncan Inglis Bright Dicks Hill NAYS—1 Brown-Waite, Edwards (MD) Inslee Broun (GA) Dingell Himes Ginny Edwards (TX) Israel Brown (SC) Doggett Hinchey Paul Buchanan Ehlers Issa Brown, Corrine Donnelly (IN) Hinojosa NOT VOTING—13 Burgess Ellison Jackson (IL) Brown-Waite, Doyle Hirono Burton (IN) Ellsworth Jackson-Lee Ginny Dreier Hodes Baldwin Kirk Smith (NJ) Butterfield Emerson (TX) Buchanan Driehaus Hoekstra Boustany Lynch Tanner Buyer Engel Jenkins Burgess Duncan Holden Boyd Maffei Young (AK) Calvert Eshoo Johnson (GA) Burton (IN) Edwards (MD) Holt Davis (IL) McCarthy (NY) Camp Etheridge Johnson (IL) Butterfield Edwards (TX) Honda Delahunt Slaughter Campbell Fallin Johnson, E. B. Buyer Ehlers Hoyer Cantor Farr Johnson, Sam Calvert Ellison Hunter Cao Fattah Jones Camp Ellsworth Inglis b 1503 Capito Filner Jordan (OH) Campbell Emerson Inslee Capps Flake Kagen Cantor Engel Israel So (two-thirds being in the affirma- Capuano Fleming Kanjorski Cao Eshoo Issa tive) the rules were suspended and the Cardoza Forbes Kaptur Capito Etheridge Jackson (IL) bill was passed. Carnahan Fortenberry Kennedy Capps Fallin Jackson-Lee Carney Foster Kildee Capuano Farr (TX) The result of the vote was announced Carson (IN) Foxx Kilpatrick (MI) Cardoza Fattah Jenkins as above recorded. Carter Franks (AZ) Kilroy

VerDate Nov 24 2008 02:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.093 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9389 Kind Moore (KS) Schiff EXPRESSING SENSE OF THE Kosmas Murphy, Patrick Schock King (IA) Moore (WI) Schmidt HOUSE REGARDING SEPTEMBER Kratovil Murphy, Tim Schrader King (NY) Moran (KS) Schock Kucinich Murtha Schwartz Kingston Moran (VA) Schrader 11, 2001 Lamborn Myrick Scott (GA) Kirk Murphy (CT) Schwartz The SPEAKER pro tempore. The un- Lance Nadler (NY) Scott (VA) Kirkpatrick (AZ) Murphy (NY) Scott (GA) Langevin Napolitano Sensenbrenner Kissell Murphy, Patrick Scott (VA) finished business is the vote on the mo- Larsen (WA) Neal (MA) Serrano Klein (FL) Murphy, Tim Sensenbrenner tion to suspend the rules and agree to Larson (CT) Neugebauer Sessions Latham Nunes Kline (MN) Murtha Serrano the resolution, H. Res. 722, on which Sestak LaTourette Nye Kosmas Myrick Sessions Shadegg the yeas and nays were ordered. Latta Oberstar Kratovil Nadler (NY) Sestak Shea-Porter The Clerk read the title of the resolu- Lee (CA) Obey Sherman Kucinich Napolitano Shadegg Lee (NY) Olson Shimkus Lamborn Neal (MA) Shea-Porter tion. Levin Olver Shuler Lance Neugebauer Sherman The SPEAKER pro tempore. The Lewis (CA) Ortiz Shuster Langevin Nunes Shimkus question is on the motion offered by Lewis (GA) Pallone Simpson Larsen (WA) Nye Shuler Linder Pascrell Larson (CT) Oberstar the gentleman from California (Mr. Sires Shuster Lipinski Pastor (AZ) Skelton Latham Obey BERMAN) that the House suspend the Simpson LoBiondo Paul Smith (NE) LaTourette Olson Sires rules and agree to the resolution, H. Loebsack Paulsen Smith (TX) Latta Olver Skelton Res. 722. Lofgren, Zoe Payne Smith (WA) Lee (CA) Ortiz Smith (NE) This will be a 5-minute vote. Lowey Pelosi Snyder Lee (NY) Pallone Lucas Pence Smith (TX) The vote was taken by electronic de- Souder Levin Pascrell Smith (WA) Luetkemeyer Perlmutter Space ´ Lewis (CA) Pastor (AZ) Snyder vice, and there were—yeas 416, nays 0, Lujan Perriello Speier Lewis (GA) Paul Souder not voting 18, as follows: Lummis Peters Spratt Linder Paulsen Space Lungren, Daniel Peterson Stark [Roll No. 693] E. Petri Lipinski Payne Speier Stearns Mack Pingree (ME) LoBiondo Pence Spratt YEAS—416 Stupak Maloney Pitts Loebsack Perlmutter Sullivan Stark Abercrombie Chaffetz Gingrey (GA) Manzullo Platts Lofgren, Zoe Perriello Sutton Stearns Ackerman Chandler Gohmert Marchant Poe (TX) Lowey Peters Taylor Stupak Aderholt Childers Gonzalez Markey (CO) Polis (CO) Lucas Peterson Teague Sullivan Adler (NJ) Chu Goodlatte Markey (MA) Pomeroy Luetkemeyer Petri Terry Sutton Akin Clarke Gordon (TN) Marshall Posey Luja´ n Pingree (ME) Thompson (CA) Taylor Alexander Clay Granger Massa Price (GA) Lummis Pitts Thompson (MS) Teague Altmire Cleaver Graves Matheson Price (NC) Lungren, Daniel Platts Thompson (PA) Terry Andrews Clyburn Grayson Matsui Putnam E. Poe (TX) Thornberry Thompson (CA) Arcuri Coffman (CO) Green, Al McCarthy (CA) Quigley Mack Polis (CO) Tiahrt Thompson (MS) Austria Cohen Green, Gene McCaul Radanovich Maloney Pomeroy Baca Cole Griffith Tiberi Thompson (PA) McClintock Rahall Manzullo Posey Bachmann Conaway Grijalva Tierney Thornberry McCollum Rangel Marchant Price (GA) Bachus Connolly (VA) Guthrie Titus Tiahrt McCotter Rehberg Markey (CO) Price (NC) Baird Conyers Gutierrez Tonko Tiberi McDermott Reichert Markey (MA) Putnam Barrett (SC) Cooper Hall (NY) Towns Tierney McGovern Reyes Marshall Quigley Barrow Costa Hall (TX) McHenry Richardson Tsongas Titus Massa Radanovich Bartlett Costello Halvorson McIntyre Rodriguez Turner Tonko Matheson Rahall Barton (TX) Courtney Hare McKeon Roe (TN) Upton Towns Matsui Rangel Bean Crenshaw Harman McMahon Rogers (AL) Van Hollen McCarthy (CA) Rehberg Tsongas Becerra Crowley Harper McMorris Rogers (KY) Vela´ zquez McCaul Reichert Turner Berkley Cuellar Hastings (FL) Rodgers Rogers (MI) Visclosky McClintock Reyes Upton Berman Culberson Hastings (WA) McNerney Rohrabacher Walden Berry Cummings McCollum Richardson Van Hollen Heinrich Meek (FL) Rooney Walz ´ Biggert Dahlkemper Heller McCotter Rodriguez Velazquez Meeks (NY) Roskam Wamp Bilbray Davis (AL) Hensarling Wasserman McDermott Roe (TN) Visclosky Melancon Ross Bilirakis Davis (CA) Herger Schultz McGovern Rogers (AL) Walden Mica Rothman (NJ) Bishop (GA) Davis (KY) Herseth Sandlin Waters McHenry Rogers (KY) Walz Michaud Roybal-Allard Bishop (NY) Davis (TN) Higgins Watson McHugh Rogers (MI) Wamp Miller (FL) Royce Bishop (UT) Deal (GA) Hill Watt McIntyre Rohrabacher Wasserman Miller (MI) Ruppersberger Blackburn DeFazio Himes Waxman McKeon Rooney Schultz Miller (NC) Rush Blumenauer DeGette Hinchey Miller, Gary Ryan (OH) Weiner McMahon Ros-Lehtinen Waters Blunt DeLauro Hinojosa Miller, George Ryan (WI) Welch McMorris Roskam Watson Boccieri Dent Hirono Minnick Salazar Westmoreland Rodgers Ross Watt Boehner Diaz-Balart, L. Hodes Mitchell Sa´ nchez, Linda Wexler McNerney Rothman (NJ) Waxman Bonner Diaz-Balart, M. Hoekstra Mollohan T. Whitfield Meek (FL) Roybal-Allard Weiner Bono Mack Dicks Holden Moore (KS) Sanchez, Loretta Wilson (SC) Meeks (NY) Welch Royce Boozman Dingell Holt Moore (WI) Sarbanes Wittman Westmoreland Melancon Ruppersberger Boren Doggett Honda Moran (KS) Scalise Wolf Wexler Mica Ryan (OH) Boswell Donnelly (IN) Hoyer Moran (VA) Schakowsky Woolsey Whitfield Michaud Ryan (WI) Boucher Doyle Hunter Murphy (CT) Schauer Yarmuth Miller (FL) Salazar Wilson (OH) Boustany Dreier Inglis Murphy (NY) Schiff Young (FL) Miller (MI) Sa´ nchez, Linda Wilson (SC) Brady (PA) Driehaus Inslee Miller (NC) T. Wittman Brady (TX) Duncan Israel NOT VOTING—18 Miller, Gary Sanchez, Loretta Wolf Braley (IA) Edwards (MD) Issa Baldwin Lynch Slaughter Miller, George Sarbanes Woolsey Bright Edwards (TX) Jackson (IL) Boyd Maffei Smith (NJ) Minnick Scalise Wu Broun (GA) Ehlers Jackson-Lee Carnahan McCarthy (NY) Tanner Mitchell Schakowsky Yarmuth Brown (SC) Ellison (TX) Coble McHugh Wilson (OH) Mollohan Schauer Young (FL) Brown, Corrine Ellsworth Jenkins Davis (IL) Ros-Lehtinen Wu Brown-Waite, Emerson Johnson (GA) Delahunt Schmidt Young (AK) NOT VOTING—14 Ginny Engel Johnson (IL) Buchanan Eshoo Johnson, E. B. b 1528 Baldwin Frank (MA) Slaughter Burgess Etheridge Johnson, Sam Boustany Lynch Smith (NJ) Burton (IN) Fallin Jones So (two-thirds being in the affirma- Boyd Maffei Tanner Butterfield Farr Jordan (OH) tive) the rules were suspended and the Davis (IL) McCarthy (NY) Young (AK) Buyer Fattah Kagen resolution was agreed to. Delahunt Rush Calvert Filner Kanjorski The result of the vote was announced Camp Flake Kaptur Campbell Fleming Kennedy as above recorded. b 1510 Cantor Forbes Kildee A motion to reconsider was laid on Cao Fortenberry Kilpatrick (MI) the table. So (two-thirds being in the affirma- Capito Foster Kilroy f tive) the rules were suspended and the Capps Foxx Kind Capuano Frank (MA) King (IA) PERSONAL EXPLANATION bill was passed. Cardoza Franks (AZ) King (NY) The result of the vote was announced Carney Frelinghuysen Kingston Ms. SLAUGHTER. Mr. Speaker, I was un- Carson (IN) Fudge Kirk avoidably detained and missed rollcall votes as above recorded. Carter Gallegly Kirkpatrick (AZ) Nos. 690, 691, 692 and 693. Had I been Cassidy Garrett (NJ) Kissell A motion to reconsider was laid on Castle Gerlach Klein (FL) present, I would have voted ‘‘yea’’ on rollcall the table. Castor (FL) Giffords Kline (MN) votes Nos. 690, 691, 692 and 693.

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.045 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9390 CONGRESSIONAL RECORD — HOUSE September 9, 2009 COMMUNICATION FROM THE b 1530 The gentleman from California (Mr. CLERK OF THE HOUSE The SPEAKER pro tempore. After GEORGE MILLER); The SPEAKER pro tempore laid be- consultation among the Speaker and The gentlewoman from Connecticut fore the House the following commu- the majority and minority leaders, and (Ms. DELAURO); nication from the Clerk of the House of with their consent, the Chair an- The gentleman from Rhode Island ENNEDY); Representatives: nounces that, when the two Houses (Mr. K The gentleman from Ohio (Mr. OFFICE OF THE CLERK, meet tonight in joint session to hear BOEHNER); HOUSE OF REPRESENTATIVES, an address by the President of the The gentleman from Virginia (Mr. Washington, DC, August 6, 2009. United States, only the doors imme- Hon. NANCY PELOSI, CANTOR); diately opposite the Speaker and those The gentleman from Indiana (Mr. The Speaker, House of Representatives, immediately to her left and right will PENCE); Washington, DC. be open. DEAR MADAM SPEAKER: Pursuant to the The gentleman from Michigan (Mr. permission granted in Clause 2(h) of Rule II No one will be allowed on the floor of MCCOTTER); of the Rules of the U.S. House of Representa- the House who does not have the privi- The gentleman from Texas (Mr. tives, the Clerk received the following mes- lege of the floor of the House. Due to CARTER); sage from the Secretary of the Senate on Au- the large attendance that is antici- The gentleman from Texas (Mr. SES- gust 6, 2009, at 8:27 p.m.: pated, the rule regarding the privilege SIONS); That the Senate passed without amend- of the floor must be strictly enforced. The gentleman from California (Mr. ment H.R. 3435. Children of Members will not be per- With best wishes, I am MCCARTHY); and Sincerely, mitted on the floor. The cooperation of The gentleman from Missouri (Mr. LORRAINE C. MILLER, all Members is requested. BLUNT). Clerk of the House. The practice of reserving seats prior The VICE PRESIDENT. The Presi- f to the joint session by placard will not dent of the Senate, at the direction of be allowed. Members may reserve their that body, appoints the following Sen- COMMUNICATION FROM THE seats only by physical presence fol- ators as a committee on the part of the CLERK OF THE HOUSE lowing the security sweep of the Cham- Senate to escort the President of the The SPEAKER pro tempore laid be- ber. United States into the House Chamber: fore the House the following commu- f The Senator from Nevada (Mr. REID); nication from the Clerk of the House of The Senator from Illinois (Mr. DUR- RECESS Representatives: BIN); OFFICE OF THE CLERK, The SPEAKER pro tempore. Pursu- The Senator from New York (Mr. HOUSE OF REPRESENTATIVES, ant to clause 12(a) of rule 1, the Chair SCHUMER); Washington, DC, August 7, 2009. declares the House in recess until ap- The Senator from Washington (Mrs. Hon. NANCY PELOSI, proximately 7:35 p.m. for the purpose of MURRAY); The Speaker, House of Representatives, receiving in joint session the President The Senator from New Jersey (Mr. Washington, DC. of the United States. MENENDEZ); DEAR MADAM SPEAKER: Pursuant to the The Senator from North Dakota (Mr. permission granted in clause 2(h) of Rule II Accordingly (at 3 o’clock and 31 min- of the Rules of the U.S. House of Representa- utes p.m.), the House stood in recess DORGAN); tives, the Clerk received the following mes- until approximately 7:35 p.m. The Senator from Michigan (Ms. sage from the Secretary of the Senate on Au- f STABENOW); gust 7, 2009, at 9:16 a.m.: The Senator from Kentucky (Mr. That the Senate passed with an amend- b 1945 MCCONNELL); ment H.R. 1016. AFTER RECESS The Senator from Arizona (Mr. KYL); That the Senate passed without an amend- The Senator from Tennessee (Mr. AL- ment H.R. 3325. The recess having expired, the House EXANDER); Appointments: was called to order at 7 o’clock and 45 The Senator from Alaska (Ms. MUR- British-American Interparliamentary minutes p.m. KOWSKI); Group. Board of Directors of the Mickey Leland f The Senator from South Dakota (Mr. National Urban Air Toxics Research Center. JOINT SESSION OF CONGRESS THUNE); and With best wishes, I am PURSUANT TO HOUSE CONCUR- The Senator from Texas (Mr. Sincerely, RENT RESOLUTION 179 TO RE- CORNYN). LORRAINE C. MILLER, The Majority Floor Services Chief CEIVE A MESSAGE FROM THE Clerk of the House. announced the Acting Dean of the Dip- PRESIDENT f lomatic Corps, His Excellency The Speaker of the House presided. Abdulwahab A. Al Hajjri, Ambassador COMMUNICATION FROM THE The Majority Floor Services Chief, CLERK OF THE HOUSE of the Republic of Yemen. Mr. Barry Sullivan, announced the The Acting Dean of the Diplomatic The SPEAKER pro tempore laid be- Vice President and Members of the Corps entered the Hall of the House of fore the House the following commu- U.S. Senate, who entered the Hall of Representatives and took the seat re- nication from the Clerk of the House of the House of Representatives, the Vice served for him. Representatives: President taking the chair at the right The Majority Floor Services Chief OFFICE OF THE CLERK, of the Speaker, and the Members of the announced the Cabinet of the President HOUSE OF REPRESENTATIVES, Senate the seats reserved for them. of the United States. Washington, DC, August 7, 2009. The SPEAKER. The Chair appoints The members of the Cabinet of the Hon. NANCY PELOSI, as members of the committee on the President of the United States entered The Speaker, House of Representatives, part of the House to escort the Presi- Washington, DC. the Hall of the House of Representa- dent of the United States into the DEAR MADAM SPEAKER: Pursuant to the tives and took the seats reserved for permission granted in Clause 2(h) of Rule II Chamber: them in front of the Speaker’s rostrum. of the Rules of the U.S. House of Representa- The gentleman from Maryland (Mr. At 8 o’clock and 10 minutes p.m., the tives, the Clerk received the following mes- HOYER); Majority Floor Services Chief and the sage from the Secretary of the Senate on Au- The gentleman from South Carolina Sergeant at Arms, the Honorable Wil- gust 7, 2009, at 12:52 p.m.: (Mr. CLYBURN); son Livingood, announced the Presi- Appointments: The gentleman from Connecticut dent of the United States. Advisory Committee on Student Financial (Mr. LARSON); The President of the United States, Assistance. With best wishes, I am The gentleman from California (Mr. escorted by the committee of Senators Sincerely, BECERRA); and Representatives, entered the Hall LORRAINE C. MILLER, The gentleman from Maryland (Mr. of the House of Representatives and Clerk of the House. VAN HOLLEN); stood at the Clerk’s desk.

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.099 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9391 (Applause, the Members rising.) ance companies decide are too risky or These are the facts. Nobody disputes The SPEAKER. Members of the Con- too expensive to cover. them. We know we must reform this gress, I have the high privilege and the We are the only advanced democracy system. The question is how. distinct honor of presenting to you the on Earth—the only wealthy nation— There are those on the left who be- President of the United States. that allows such hardships for millions lieve that the only way to fix the sys- (Applause, the Members rising.) of its people. There are now more than tem is through a single-payer system The PRESIDENT. Madam Speaker, 30 million American citizens who can’t like Canada’s, where we would severely Vice President BIDEN, Members of Con- get coverage. In just a 2-year period, restrict the private insurance market gress, and the American people: one in every three Americans goes and have the government provide cov- When I spoke here last winter, the without health care coverage at some erage for everybody. On the right, Nation was facing the worst economic point. And every day, 14,000 Americans there are those who argue that we crisis since the Great Depression. We lose their coverage. In other words, it should end the employer-based system were losing an average of 700,000 jobs can happen to anyone. and leave individuals to buy health in- per month. Credit was frozen. And our But the problem that plagues the surance on their own. financial system was on the verge of health care system is not just a prob- I have to say that there are argu- collapse. lem for the uninsured. Those who do ments to be made for both these ap- As any American who is still looking have insurance have never had less se- proaches. But either one would rep- for work or a way to pay their bills will curity or stability than they do today. resent a radical shift that would dis- tell you, we are by no means out of the More and more Americans worry that rupt the health care most people cur- woods. A full and vibrant recovery is if you move, lose your job, or change rently have. Since health care rep- still many months away. And I will not your job, you’ll lose your health insur- resents one-sixth of our economy, I be- let up until those Americans who seek ance too. More and more Americans lieve it makes more sense to build on jobs can find them; until those busi- pay their premiums, only to discover what works and fix what doesn’t, rath- nesses that seek capital and credit can that their insurance company has er than try to build an entirely new thrive; until all responsible home- dropped their coverage when they get system from scratch. And that is pre- owners can stay in their homes. That is sick, or won’t pay the full cost of care. cisely what those of you in Congress our ultimate goal. But thanks to the It happens every day. have tried to do over the past several bold and decisive action we have taken One man from Illinois lost his cov- months. since January, I can stand here with erage in the middle of chemotherapy During that time, we have seen confidence and say that we have pulled because his insurer found that he Washington at its best and at its worst. this economy back from the brink. hadn’t reported gallstones that he We’ve seen many in this Chamber I want to thank the Members of this didn’t even know about. They delayed work tirelessly for the better part of body for your efforts and your support his treatment, and he died because of this year to offer thoughtful ideas in these last several months, and espe- it. Another woman from Texas was about how to achieve reform. Of the cially those who have taken the dif- about to get a double mastectomy five committees asked to develop bills, ficult votes that have put us on a path when her insurance company canceled four have completed their work, and to recovery. I also want to thank the her policy because she forgot to declare the Senate Finance Committee an- American people for their patience and a case of acne. By the time she had her nounced today that it will move for- resolve during this trying time for our insurance reinstated, her breast cancer ward next week. That has never hap- Nation. had more than doubled in size. That is pened before. Our overall efforts have But we did not come here just to heart-breaking, it is wrong, and no one been supported by an unprecedented clean up crises. We came here to build should be treated that way in the coalition of doctors and nurses; hos- a future. So tonight, I return to speak United States of America. pitals, seniors’ groups, and even drug to all of you about an issue that is cen- Then there’s the problem of rising companies—many of whom opposed re- tral to that future—and that is the costs. We spend one-and-a-half times form in the past. And there is agree- issue of health care. more per person on health care than ment in this Chamber on about 80 per- I am not the first President to take any other country, but we aren’t any cent of what needs to be done, putting up this cause, but I am determined to healthier for it. This is one of the rea- us closer to the goal of reform than we be the last. It has now been nearly a sons that insurance premiums have have ever been. century since Theodore Roosevelt first gone up three times faster than wages. But what we have also seen in these called for health care reform. And ever It’s why so many employers—espe- last months is the same partisan spec- since, nearly every President and Con- cially small businesses—are forcing tacle that only hardens the disdain gress, whether Democrat or Repub- their employees to pay more for insur- many Americans have toward their lican, has attempted to meet this chal- ance, or are dropping their coverage own government. Instead of honest de- lenge in some way. A bill for com- entirely. It’s why so many aspiring en- bate, we’ve seen scare tactics. Some prehensive health reform was first in- trepreneurs cannot afford to open a have dug into unyielding ideological troduced by John Dingell, Sr. in 1943. business in the first place, and why camps that offer no hope of com- Sixty-five years later, his son con- American businesses that compete promise. Too many have used this as tinues to introduce that same bill at internationally—like our automakers— an opportunity to score short-term po- the beginning of each session. are at a huge disadvantage. And it’s litical points, even if it robs the coun- Our collective failure to meet this why those of us with health insurance try of our opportunity to solve a long- challenge—year after year, decade are also paying a hidden and growing term challenge. And out of this bliz- after decade—has led us to a breaking tax for those without it—about $1,000 zard of charges and countercharges, point. Everyone understands the ex- per year that pays for somebody else’s confusion has reigned. traordinary hardships that are placed emergency room and charitable care. Well, the time for bickering is over. on the uninsured, who live every day Finally, our health care system is The time for games has passed. Now is just one accident or illness away from placing an unsustainable burden on the season for action. Now is when we bankruptcy. These are not primarily taxpayers. When health care costs grow must bring the best ideas of both par- people on welfare. These are middle- at the rate they have, it puts greater ties together, and show the American class Americans. Some can’t get insur- pressure on programs like Medicare people that we can still do what we ance on the job. Others are self-em- and Medicaid. If we do nothing to slow were sent here to do. Now is the time ployed and can’t afford it, since buying these skyrocketing costs, we will even- to deliver on health care. insurance on your own costs you three tually be spending more on Medicare The plan I’m announcing tonight times as much as the coverage you get and Medicaid than every other govern- would meet three basic goals: from your employer. Many other Amer- ment program combined. Put simply, It will provide more security and sta- icans who are willing and able to pay our health care problem is our deficit bility to those who have health insur- are still denied insurance due to pre- problem. Nothing else even comes ance. It will provide insurance to those vious illnesses or conditions that insur- close. who don’t. And it will slow the growth

VerDate Nov 24 2008 02:43 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.103 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9392 CONGRESSIONAL RECORD — HOUSE September 9, 2009 of health care costs for our families, affordable insurance. And it’s time to from all walks of life, as well as the our businesses, and our government. give every American the same oppor- economy as a whole. Still, given all the It’s a plan that asks everyone to take tunity that we’ve given ourselves. misinformation that’s been spread over responsibility for meeting this chal- For those individuals and small busi- the past few months, I realize that lenge—not just government, not just nesses who still can’t afford the lower- many Americans have grown nervous insurance companies, but everybody, priced insurance available in the ex- about reform. So tonight I want to ad- including employers and individuals. change, we’ll provide tax credits, the dress some of the key controversies And it’s a plan that incorporates ideas size of which will be based on your that are still out there. from Senators and Congressmen; from need. And all insurance companies that Some of people’s concerns have Democrats and Republicans—and yes, want access to this new marketplace grown out of bogus claims spread by from some of my opponents in both the will have to abide by the consumer pro- those whose only agenda is to kill re- primary and general election. tections I already mentioned. This ex- form at any cost. The best example is Here are the details that every Amer- change will take effect in 4 years, the claim, made not just by radio and ican needs to know about this plan: which will give us time to do it right. cable talk show hosts, but by promi- First, if you are among the hundreds In the meantime, for those Americans nent politicians, that we plan to set up of millions of Americans who already who can’t get insurance today because panels of bureaucrats with the power have health insurance through your they have preexisting medical condi- to kill off senior citizens. Such a job, or Medicare, or Medicaid, or the tions, we will immediately offer low- charge would be laughable if it weren’t VA, nothing in this plan will require cost coverage that will protect you so cynical and irresponsible. It is a lie, you or your employer to change the against financial ruin if you become se- plain and simple. coverage or the doctor you have. Let riously ill. This was a good idea when There are also those who claim that me repeat this: nothing in our plan re- Senator JOHN MCCAIN proposed it in our reform efforts will insure illegal quires you to change what you have. the campaign, it’s a good idea now, and immigrants. This, too, is false. The re- What this plan will do is make the we should all embrace it. forms I am proposing would not apply Now, even if we provide these afford- insurance you have work better for to those who are here illegally. And able options, there may be those—espe- you. Under this plan, it will be against one more misunderstanding I want to cially the young and the healthy—who the law for insurance companies to clear up—under our plan, no Federal still want to take the risk and go with- deny you coverage because of a pre- dollars will be used to fund abortions, out coverage. There may still be com- existing condition. As soon as I sign and Federal conscience laws will re- panies that refuse to do right by their this bill, it will be against the law for main in place. workers by giving them coverage. The insurance companies to drop your cov- My health care proposal has also problem is, such irresponsible behavior erage when you get sick or water it been attacked by some who oppose re- costs all the rest of us money. If there down when you need it the most. They form as a ‘‘government takeover’’ of are affordable options and people still will no longer be able to place some ar- the entire health care system. As don’t sign up for health insurance, it bitrary cap on the amount of coverage proof, critics point to a provision in means we pay for these people’s expen- you can receive in a given year or in a our plan that allows the uninsured and sive emergency room visits. If some lifetime. We will place a limit on how small businesses to choose a publicly businesses don’t provide workers much you can be charged for out-of- sponsored insurance option adminis- health care, it forces the rest of us to pocket expenses, because in the United tered by the government just like Med- pick up the tab when their workers get States of America, no one should go sick, and give those businesses an un- icaid or Medicare. broke because they get sick. And insur- So let me set the record straight fair advantage over their competitors. ance companies will be required to here. My guiding principle is, and al- And unless everybody does their part, ways has been, that consumers do bet- cover, with no extra charge, routine many of the insurance reforms we ter when there is choice and competi- checkups and preventive care, like seek—especially requiring insurance tion. That’s how the market works. mammograms and colonoscopies—be- companies to cover preexisting condi- Unfortunately, in 34 States, 75 percent cause there’s no reason we shouldn’t be tions—just can’t be achieved. catching diseases like breast cancer That’s why under my plan, individ- of the insurance market is controlled and colon cancer before they get worse. uals will be required to carry basic by five or fewer companies. In Ala- That makes sense, it saves money, and health insurance—just as most States bama, almost 90 percent is controlled it saves lives. require you to carry auto insurance. by just one company. Without competi- That’s what Americans who have Likewise, businesses will be required to tion, the price of insurance goes up and health insurance can expect from this either offer their workers health care, the quality goes down. And it makes it plan—more security and more sta- or chip in to help cover the cost of easier for insurance companies to treat bility. their workers. There will be a hardship their customers badly—by cherry-pick- Now, if you’re one of the tens of mil- waiver for those individuals who still ing the healthiest individuals and try- lions of Americans who don’t currently can’t afford coverage, and 95 percent of ing to drop the sickest; by over- have health insurance, the second part all small businesses, because of their charging small businesses who have no of this plan will finally offer you qual- size and narrow profit margin, would leverage; and by jacking up rates. ity, affordable choices. If you lose your be exempt from these requirements. Insurance executives don’t do this be- job or you change your job, you will be But we can’t have large businesses and cause they are bad people. They do it able to get coverage. If you strike out individuals who can afford coverage because it’s profitable. As one former on your own and start a small business, game the system by avoiding responsi- insurance executive testified before you’ll be able to get coverage. We will bility to themselves or their employ- Congress, insurance companies are not do this by creating a new insurance ex- ees. Improving our health care system only encouraged to find reasons to drop change—a marketplace where individ- only works if everybody does their the seriously ill; they are rewarded for uals and small businesses will be able part. it. All of this is in service of meeting to shop for health insurance at com- While there remain some significant what this former executive called petitive prices. Insurance companies details to be ironed out, I believe a ‘‘Wall Street’s relentless profit expec- will have an incentive to participate in broad consensus exists for the aspects tations.’’ this exchange because it lets them of the plan I just outlined: consumer Now, I have no interest in putting in- compete for millions of new customers. protections for those with insurance, surance companies out of business. As one big group, these customers will an exchange that allows individuals They provide a legitimate service, and have greater leverage to bargain with and small businesses to purchase af- employ a lot of our friends and neigh- the insurance companies for better fordable coverage, and a requirement bors. I just want to hold them account- prices and quality coverage. This is that people who can afford insurance able. The insurance reforms that I’ve how large companies and government get insurance. already mentioned would do just that. employees get affordable insurance. And I have no doubt that these re- But an additional step we can take to It’s how everyone in this Congress gets forms would greatly benefit Americans keep insurance companies honest is by

VerDate Nov 24 2008 02:43 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.104 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9393 making a not-for-profit public option dime to our deficits—either now or in some places, like the Intermountain available in the insurance exchange. the future. Period. And to prove that Healthcare in Utah or the Geisinger Let me be clear—it would only be an I’m serious, there will be a provision in Health System in rural Pennsylvania, option for those who don’t have insur- this plan that requires us to come for- offer high-quality care at costs below ance. No one would be forced to choose ward with more spending cuts if the average. So the commission can help it, and it would not impact those of savings we promised don’t materialize. encourage the adoption of these com- you who already have insurance. In Part of the reason I faced a trillion-dol- monsense best practices by doctors and fact, based on Congressional Budget Of- lar deficit when I walked in the door of medical professionals throughout the fice estimates, we believe that less the White House is because too many system—everything from reducing hos- than 5 percent of Americans would sign initiatives over the last decade were pital infection rates to encouraging up. not paid for—from the Iraq war to tax better coordination between teams of Despite all this, the insurance com- breaks for the wealthy. I will not make doctors. panies and their allies don’t like this that same mistake with health care. idea. They argue that these private Second, we’ve estimated that most of Reducing the waste and inefficiency companies can’t fairly compete with this plan can be paid for by finding sav- in Medicare and Medicaid will pay for the government. And they’d be right if ings within the existing health care most of this plan. Much of the rest taxpayers were subsidizing this public system—a system that is currently full would be paid for with revenues from insurance option. But they won’t be. I of waste and abuse. Right now, too the very same drug and insurance com- have insisted that like any private in- much of the hard-earned savings and panies that stand to benefit from tens surance company, the public insurance tax dollars we spend on health care of millions of new customers. This re- option would have to be self-sufficient don’t make us any healthier. That’s form will charge insurance companies and rely on the premiums it collects. not my judgment—it’s the judgment of a fee for their most expensive policies, But by avoiding some of the overhead medical professionals across this coun- which will encourage them to provide that gets eaten up at private compa- try. And this is also true when it comes greater value for the money—an idea nies by profits, excessive administra- to Medicare and Medicaid. which has the support of Democratic tive costs and executive salaries, it In fact, I want to speak directly to and Republican experts. And according could provide a good deal for con- seniors for a moment, because Medi- to these same experts, this modest sumers. It would also keep pressure on care is another issue that’s been sub- change could help hold down the cost private insurers to keep their policies jected to demagoguery and distortion of health care for all of us in the long affordable and treat their customers during the course of this debate. run. better, the same way public colleges More than four decades ago, this Na- Finally, many in this Chamber—par- and universities provide additional tion stood up for the principle that ticularly on the Republican side of the choice and competition to students after a lifetime of hard work, our sen- aisle—have long insisted that reform- without in any way inhibiting a vi- iors should not be left to struggle with brant system of private colleges and ing our medical malpractice laws can a pile of medical bills in their later universities. help bring down the cost of health care. It’s worth noting that a strong ma- years. That’s how Medicare was born. I don’t believe malpractice reform is a jority of Americans still favor a public And it remains a sacred trust that silver bullet, but I have talked to insurance option of the sort I’ve pro- must be passed down from one genera- enough doctors to know that defensive posed tonight. But its impact shouldn’t tion to the next. That is why not a dol- medicine may be contributing to un- be exaggerated—by the left, or the lar of the Medicare trust fund will be necessary costs. So I am proposing that right, or the media. It is only one part used to pay for this plan. we move forward on a range of ideas of my plan, and shouldn’t be used as a The only thing this plan would elimi- about how to put patient safety first handy excuse for the usual Washington nate is the hundreds of billions of dol- and let doctors focus on practicing ideological battles. To my progressive lars in waste and fraud, as well as un- medicine. I know that the Bush admin- friends, I would remind you that the warranted subsidies in Medicare that istration considered authorizing dem- driving idea behind reform has been to go to insurance companies—subsidies onstration projects in individual States end insurance company abuses and that do everything to pad their profits to test these ideas. I think it’s a good make coverage affordable for those but don’t improve the care of seniors. idea, and I am directing my Secretary without it. The public option is only a And we will also create an independent of Health and Human Services to move means to that end—and we should re- commission of doctors and medical ex- forward on this initiative today. perts charged with identifying more main open to other ideas that accom- Add it all up, and the plan I’m pro- waste in the years ahead. plish our ultimate goal. And to my Re- posing will cost around $900 billion publican friends, I say that rather than These steps will ensure that you— America’s seniors—get the benefits over 10 years—less than we have spent making wild claims about a govern- on the Iraq and Afghanistan wars, and ment takeover of health care, we you’ve been promised. They will ensure that Medicare is there for future gen- less than the tax cuts for the wealthi- should work together to address any le- est few Americans that Congress gitimate concerns you may have. erations. And we can use some of the savings to fill the gap in coverage that passed at the beginning of the previous For example, some have suggested administration. Most of these costs that the public option go into effect forces too many seniors to pay thou- sands of dollars a year out of their own will be paid for with money already only in those markets where insurance being spent—but spent badly—in the companies are not providing affordable pockets for prescription drugs. That’s what this plan will do for you. So don’t existing health care system. The plan policies. Others have proposed a co-op will not add to our deficit. The middle or another nonprofit entity to admin- pay attention to those scary stories about how your benefits will be cut— class will realize greater security, not ister the plan. These are all construc- higher taxes. And if we are able to slow tive ideas worth exploring. But I will especially since some of the same folks who are spreading these tall tales have the growth of health care costs by just not back down on the basic principle one-tenth of 1 percent each year, it will that if Americans can’t find affordable fought against Medicare in the past, and just this year supported a budget actually reduce the deficit by $4 tril- coverage, we will provide you with a lion over the long term. choice. And I will make sure that no that would essentially have turned government bureaucrat or insurance Medicare into a privatized voucher pro- This is the plan I’m proposing. It’s a company bureaucrat gets between you gram. That will not happen on my plan that incorporates ideas from and the care that you need. watch. I will protect Medicare. many of the people in this room to- Finally, let me discuss an issue that Now, because Medicare is such a big night—Democrats and Republicans. is a great concern to me, to Members of part of the health care system, making And I will continue to seek common this Chamber, and to the public—and the program more efficient can help ground in the weeks ahead. If you come that’s how we pay for this plan. usher in changes in the way we deliver to me with a serious set of proposals, I Here’s what you need to know. First, health care that can reduce costs for will be there to listen. My door is al- I will not sign a plan that adds one everybody. We have long known that ways open.

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.105 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9394 CONGRESSIONAL RECORD — HOUSE September 9, 2009 But know this: I will not waste time worked together to provide health care that many in this country are deeply with those who have made the calcula- to children with disabilities. skeptical that government is looking tion that it’s better politics to kill this On issues like these, Ted Kennedy’s out for them. I understand that the po- plan than to improve it. I won’t stand passion was born not of some rigid ide- litically safe move would be to kick by while the special interests use the ology, but of his own experience. It was the can further down the road—to defer same old tactics to keep things exactly the experience of having two children reform one more year, or one more the way they are. If you misrepresent stricken with cancer. He never forgot election, or one more term. what’s in this plan, we will call you the sheer terror and helplessness that But that is not what this moment out. And I will not accept the status any parent feels when a child is badly calls for. That’s not what we came here quo as a solution. Not this time. Not sick; and he was able to imagine what to do. We did not come to fear the fu- now. it must be like for those without insur- ture. We came here to shape it. I still Everyone in this room knows what ance; what it would be like to have to believe we can act even when it’s hard. will happen if we do nothing. Our def- say to a wife or a child or an aging par- I still believe we can replace acrimony icit will grow. More families will go ent—there is something that could with civility, and gridlock with bankrupt. More businesses will close. make you better, but I just can’t afford progress. I still believe we can do great More Americans will lose their cov- it. things, and that here and now we will erage when they are sick and need it That large-heartedness—that concern meet history’s test. the most. And more will die as a result. and regard for the plight of others—is Because that is who we are. That is We know these things to be true. not a partisan feeling. It is not a Re- our calling. That is our character. That is why we cannot fail. Because publican or a Democratic feeling. It, Thank you, God bless you, and may there are too many Americans count- too, is part of the American character. God bless the United States of Amer- ing on us to succeed—the ones who suf- Our ability to stand in other people’s ica. fer silently, and the ones who shared shoes. A recognition that we are all in (Applause, the Members rising.) their stories with us at town halls, in this together; that when fortune turns At 9 o’clock and 6 minutes p.m., the e-mails, and in letters. against one of us, others are there to President of the United States, accom- I received one of those letters a few lend a helping hand. A belief that in panied by the committee of escort, re- days ago. It was from our beloved this country, hard work and responsi- tired from the Hall of the House of friend and colleague, Ted Kennedy. He bility should be rewarded by some Representatives. had written it back in May, shortly measure of security and fair play; and The Majority Floor Services Chief es- after he was told that his illness was an acknowledgment that sometimes corted the invited guests from the terminal. He asked that it be delivered government has to step in to help de- Chamber in the following order: upon his death. liver on that promise. The members of the President’s Cabi- In it, he spoke about what a happy This has always been the history of net; time his last months were, thanks to our progress. In 1935, when over half of The Acting Dean of the Diplomatic the love and support of family and our seniors could not support them- Corps. friends, his wife, Vicki, and his amaz- selves and millions had seen their sav- ing children, who are all here tonight. ings wiped away, there were those who f And he expressed confidence that this argued that Social Security would lead JOINT SESSION DISSOLVED would be the year that health care re- to socialism. But the men and women The SPEAKER. The Chair declares form—‘‘that great unfinished business of Congress stood fast, and we are all the joint session of the two Houses now of our society,’’ he called it—would fi- the better for it. In 1965, when some ar- dissolved. nally pass. He repeated the truth that gued that Medicare represented a gov- Accordingly, at 9 o’clock and 7 min- health care is decisive for our future ernment takeover of health care, Mem- utes p.m., the joint session of the two prosperity, but he also reminded me bers of Congress, Democrats and Re- Houses was dissolved. that ‘‘it concerns more than material publicans, did not back down. They The Members of the Senate retired to things.’’ ‘‘What we face,’’ he wrote, ‘‘is joined together so that all of us could their Chamber. above all a moral issue; at stake are enter our golden years with some basic not just the details of policy, but fun- peace of mind. f damental principles of social justice You see, our predecessors understood MESSAGE OF THE PRESIDENT RE- and the character of our country.’’ that government could not, and should FERRED TO THE COMMITTEE OF I’ve thought about that phrase quite not, solve every problem. They under- THE WHOLE HOUSE ON THE a bit in recent days—the character of stood that there are instances when STATE OF THE UNION our country. One of the unique and the gains in security from government wonderful things about America has al- action are not worth the added con- Ms. WASSERMAN SCHULTZ. Mr. ways been our self-reliance, our rugged straints on our freedom. But they also Speaker, I move that the message of individualism, our fierce defense of understood that the danger of too the President be referred to the Com- freedom and our healthy skepticism of much government is matched by the mittee of the Whole House on the state government. And figuring out the ap- perils of too little; that without the of the Union and ordered printed. propriate size and role of government leavening hand of wise policy, markets The motion was agreed to. has always been a source of rigorous can crash, monopolies can stifle com- f and, yes, sometimes angry debate. petition, and the vulnerable can be ex- ADJOURNMENT That’s our history. ploited. And they knew that when any For some of Ted Kennedy’s critics, government measure, no matter how Ms. WASSERMAN SCHULTZ. Mr. his brand of liberalism represented an carefully crafted or beneficial, is sub- Speaker, I move that the House do now affront to American liberty. In their ject to scorn; when any efforts to help adjourn. minds, his passion for universal health people in need are attacked as un- The motion was agreed to; accord- care was nothing more than a passion American; when facts and reason are ingly (at 9 o’clock and 10 minutes for big government. thrown overboard and only timidity p.m.), the House adjourned until to- But those of us who knew Teddy and passes for wisdom, and we can no morrow, Thursday, September 10, 2009, worked with him here—people of both longer even engage in a civil conversa- at 10 a.m. parties—know that what drove him tion with each other over the things f was something more. His friend ORRIN that truly matter—that at that point EXECUTIVE COMMUNICATIONS, HATCH knows that. They worked to- we don’t merely lose our capacity to gether to provide children with health solve big challenges. We lose some- ETC. insurance. His friend JOHN MCCAIN thing essential about ourselves. Under clause 2 of Rule XXIV, execu- knows that. They worked together on a What was true then remains true tive communications were taken from Patient’s Bill of Rights. His friend today. I understand how difficult this the Speaker’s table and referred as fol- CHUCK GRASSLEY knows that. They health care debate has been. I know lows:

VerDate Nov 24 2008 02:43 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K09SE7.106 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9395 3203. A letter from the Attorney Advisor, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Upper Mississippi River-08-41] (RIN: 1625- Department of Homeland Security, transmit- mittee on Transportation and Infrastruc- AA00) received July 30, 2009, pursuant to 5 ting the Department’s final rule — Safety ture. U.S.C. 801(a)(1)(A); to the Committee on Zone; Sabine-Neches Canal, Sabine River, 3213. A letter from the Attorney Advisor, Transportation and Infrastructure. Orange, TX [USCG-2008-1269] (RIN: 1625-AA00) Department of Homeland Security, transmit- 3223. A letter from the Attorney Advisor, received July 30, 2009, pursuant to 5 U.S.C. ting the Department’s final rule — Safety Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Zone; Lower Mississippi River, Mile Marker ting the Department’s final rule — Saftey tation and Infrastructure. 228.8 to Mile Marker 229.8, Above Head of Zone; Ohio River, Mile 469.2 to 470.2, Cin- 3204. A letter from the Attorney Advisor, Passes, Baton Rouge, LA [COTP New Orle- cinnati, OH [Docket No. USCG-2008-0518] Department of Homeland Security, transmit- ans-07-017] (RIN: 1625-AA00) received July 30, (RIN: 1625–AA00) received July 30, 2009, pur- ting the Department’s final rule — Safety 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; Lower Mississippi River (LMR), Mile Committee on Transportation and Infra- mittee on Transportation and Infrastruc- Marker 532 to 530, Greenville, MS [COTP structure. ture. Lower Mississippi River-08-020] (RIN: 1625- 3214. A letter from the Attorney Advisor, 3224. A letter from the Attorney Advisor, AA00) received July 30, 2009, pursuant to 5 Department of Homeland Security, transmit- Department of Homeland Security, transmit- U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety ting the Department’s final rule — Safety Transportation and Infrastructure. Zone; Lower Mississippi River, Mile Marker Zone: Kanawha River Mile 46.1 to 47.1, Saint 3205. A letter from the Attorney Advisor, 229.4 to Mile Marker 230, Abover Head of Albans, WV [Docket No.: USCG-2008-0528] Department of Homeland Security, transmit- Passes, Baton Rouge, LA [COTP New Orle- (RIN: 1625-AA00) received July 30, 2009, pur- ting the Department’s final rule — Safety ans-07-018] (RIN: 1625-AA00) received July 30, suant to 5 U.S.C. 801(a)(1)(A); to the Com- Zone; Apalachicola River, Chattahoochee, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Transportation and Infrastruc- FL [COTP Mobile-08-008] (RIN: 1625-AA00) re- Committee on Transportation and Infra- ture. ceived July 30, 2009, pursuant to 5 U.S.C. structure. 3225. A letter from the Attorney Advisor, 801(a)(1)(A); to the Committee on Transpor- 3215. A letter from the Attorney Advisor, Department of Homeland Security, transmit- tation and Infrastructure. Department of Homeland Security, transmit- ting the Department’s final rule — Safety 3206. A letter from the Attorney Advisor, ting the Department’s final rule — Safety Zone; Clinch River Mile Marker 0.5 to 1.5, Department of Homeland Security, transmit- Zone; Lower Mississippi River, Mile 105.6 to Kingston, TN [Docket No.: USCG-2008-0567] ting the Department’s final rule — Safety Mile 106.6, Above Head Passes, Jefferson Par- (RIN: 1625-AA00) received July 30, 2009, pur- Zone; 200 yards east to 200 west of the Lewis ish, LA [COTP New Orleans-08-012] (RIN: suant to 5 U.S.C. 801(a)(1)(A); to the Com- Street Swing Bridge at MM52.5 Bayou Teche, 1625-AA00) received July 30, 2009, pursuant to mittee on Transportation and Infrastruc- New Iberia, Louisiana, bank to bank [COTP 5 U.S.C. 801(a)(1)(A); to the Committee on ture. Morgan City-07-009] (RIN: 1625-AA00) received Transportation and Infrastructure. 3226. A letter from the Attorney Advisor, July 30, 2009, pursuant to 5 U.S.C. 3216. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- ting the Department’s final rule — Safety tation and Infrastructure. ting the Department’s final rule — Safety Zone; Kanawha River, Mile Marker 54.6 to 3207. A letter from the Attorney Advisor, Zone; Gulf Intracoastal Waterway, Mile 56.00, Charleston, WV [Docket No.: USCG- Department of Homeland Security, transmit- Marker 338 to 339 Galveston County, TX 2008-0577] (RIN: 1625--AA00) received July 30, ting the Department’s final rule — Safety [Docket No.: USCG-2008-1027] (RIN: 1625– 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; 200 yards east to 200 yards west of the AA00) received July 30, 2009, pursuant to 5 Committee on Transportation and Infra- Lewis Street Swing Bridge at MM52.5 Bayou U.S.C. 801(a)(1)(A); to the Committee on structure. Teche, New Iberia, Louisiana, bank to bank Transportation and Infrastructure. 3227. A letter from the Attorney Advisor, [COTP Morgan City-07-017] (RIN: 1625-AA00) 3217. A letter from the Attorney Advisor, Department of Homeland Security, transmit- received July 30, 2009, pursuant to 5 U.S.C. Department of Homeland Security, transmit- ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- ting the Department’s final rule — Safety Zone; Cumberland River, Mile 190.6 to 191.1, tation and Infrastructure. Zone; Wolf River Chute, Mile Marker 1 to Nashville, TN [Docket No.: USCG-2008-0797] 3208. A letter from the Attorney Advisor, Mile Marker 2, Memphis, TN [Docket No.: (RIN: 1625-AA00) received July 30, 2009, pur- Department of Homeland Security, transmit- USCG-2008-1047] (RIN: 1625-AA00) received suant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule — Safety July 30, 2009, pursuant to 5 U.S.C. mittee on Transportation and Infrastruc- Zone; Gulf Intracoastal Waterway MM45 to 801(a)(1)(A); to the Committee on Transpor- ture. MM47, WHL, bank to bank [COTP Morgan tation and Infrastructure. 3228. A letter from the Attorney Advisor, City-08-006] (RIN: 1625-AA00) received July 3218. A letter from the Attorney Advisor, Department of Homeland Security, transmit- 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Homeland Security, transmit- ting the Department’s final rule — Safety the Committee on Transportation and Infra- ting the Department’s final rule — Safety Zone; Ohio River, Mile 601.5 to 603.8, Louis- structure. Zone; Ouachita River, Mile Marker 167 to ville, KY [Docket No.: USCG-2008-0868] (RIN: 3209. A letter from the Attorney Advisor, Mile Marker 169, Monroe, LA [Docket No.: 1625-AA00) received July 30, 2009, pursuant to Department of Homeland Security, transmit- USCG-2008-1160] (RIN: 1625-AA00) received 5 U.S.C. 801(a)(1)(A); to the Committee on ting the Department’s final rule — Safety July 30, 2009, pursuant to 5 U.S.C. Transportation and Infrastructure. Zone; Position 29-37.30N, 090-55.54W on Shell 801(a)(1)(A); to the Committee on Transpor- 3229. A letter from the Attorney Advisor, Canal, off Bayou Black, extending 500 yards tation and Infrastructure. Department of Homeland Security, transmit- in all directions, pursuant to 5 U.S.C. 3219. A letter from the Attorney Advisor, ting the Department’s final rule — Safety 801(a)(1)(A); to the Committee on Transpor- Department of Homeland Security, transmit- Zone: Kanawha River Mile 57.8 to 59.3, tation and Infrastructure. ting the Department’s final rule — Safety Charleston, WV [Docket No.: USCG-2008-0980] 3210. A letter from the Attorney Advisor, Zone; Tennessee River, Mile 446.0 to 455.0, (RIN: 1625-AA00) received July 30, 2009, pur- Department of Homeland Security, transmit- Chattanooga, TN [Docket No.: USCG-2008- suant to 5 U.S.C. 801(a)(1)(A); to the Com- ting the Department’s final rule — Safety 1271] (RIN: 1625-AA00) received July 30, 2009, mittee on Transportation and Infrastruc- Zone; Lower Mississippi River, Mile Marker pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ture. 138.5 to Mile Marker 139.85, Above Head of mittee on Transportation and Infrastruc- 3230. A letter from the Attorney Advisor, Passes, Reserve, LA [COTP New Orleans-07- ture. Department of Homeland Security, transmit- 012] (RIN: 1625-AA00) received July 30, 2009, 3220. A letter from the Attorney Advisor, ting the Department’s final rule — Safety pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Homeland Security, transmit- Zone: Upper Mississippi River at MM 0.5 — mittee on Transportation and Infrastruc- ting the Department’s final rule — Regattas 2.0 [Docket No.: USCG-2008-0994] (RIN: 1625- ture. and Marine Parades; The Snow Row, Hull, AA00], pursuant to 5 U.S.C. 801(a)(1)(A); to 3211. A letter from the Attorney Advisor, MA [Docket No.: USCG-2009-0012] (RIN: 1625- the Committee on Transportation and Infra- Department of Homeland Security, transmit- AA08) received July 30, 2009, pursuant to 5 structure. ting the Department’s final rule — Safety U.S.C. 801(a)(1)(A); to the Committee on 3231. A letter from the Attorney Advisor, Zone; Lower Mississippi River, Mile Marker Transportation and Infrastructure. Department of Homeland Security, transmit- 175 to Mile Marker 176, Above Head of 3221. A letter from the Attorney Advisor, ting the Department’s final rule — Safety Passes, Donaldsonville, LA [COTP New Orle- Department of Homeland Security, transmit- Zone; Gulf Intracoastal Waterway (GICW) ans-07-013] (RIN: 1625-AA00) received July 30, ting the Department’s final rule — Safety [COTP Port Arthur-08-002] (RIN: 1625-AA00) 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Missouri River, Mile 377.6 to 377.8 received July 30, 2009, pursuant to 5 U.S.C. Committee on Transportation and Infra- [COTP Upper Mississippi River-08-40] (RIN: 801(a)(1)(A); to the Committee on Transpor- structure. 1625-AA00) received July 30, 2009, pursuant to tation and Infrastructure. 3212. A letter from the Attorney Advisor, 5 U.S.C. 801(a)(1)(A); to the Committee on 3232. A letter from the Attorney Advisor, Department of Homeland Security, transmit- Transportation and Infrastructure. Department of Homeland Security, transmit- ting the Department’s final rule — Safety 3222. A letter from the Attorney Advisor, ting the Department’s final rule — Safety Zone; Harvey Canal, Mile Marker 4.0 to Mile Department of Homeland Security, transmit- Zone; Gulf of Mexico, Sabine, TX [COTP Port Marker 5.0, Harvey, LA [COTP New Orleans- ting the Department’s final rule — Safety Arthur-08-003] (RIN: 1625-AA00) received July 07-016] (RIN: 1625-AA00) received July 30, 2009, Zone; Illinois River, Mile 162.5 to 162.7 [COTP 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to

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the Committee on Transportation and Infra- Directives; Airbus Model A330-301, -321, -322, Ms. LINDA T. SA´ NCHEZ of California, structure. -341, and -342 Series Airplanes, and Airbus Mr. ELLISON, Ms. MATSUI, Ms. JACK- 3233. A letter from the Attorney Advisor, Model A340-211, -212, -213, -311, -312, and -313 SON-LEE of Texas, Mr. LANGEVIN, Mr. Department of Homeland Security, transmit- Series Airplanes [Docket No.: FAA-2009-0645; COHEN, Mr. HARE, Ms. RICHARDSON, ting the Department’s final rule — Safety Directorate Identifier 2009-NM-034-AD; Mr. RODRIGUEZ, Mr. RYAN of Ohio, Zone; Gulf Intracoastal Waterway (GICW) Amendment 39-15973; AD 2009-15-10] (RIN: Mr. SERRANO, Mr. CROWLEY, Mr. [COTP Port Arthur-08-004] (RIN: 1625-AA00) 21200-AA64) received July 28, 2009, pursuant LUJA´ N, Mr. ENGEL, Mr. OLVER, Mr. received July 30, 2009, pursuant to 5 U.S.C. to 5 U.S.C. 801(a)(1)(A); to the Committee on SABLAN, Mr. HEINRICH, Mr. 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. BUTTERFIELD, Mr. CONNOLLY of Vir- tation and Infrastructure. 3243. A letter from the Program Anaylst, ginia, Mr. SESTAK, Mr. DAVIS of Illi- 3234. A letter from the Attorney Advisor, Department of Transportation, transmitting nois, Mr. SCHAUER, and Mr. RUSH): Department of Homeland Security, transmit- the Department’s final rule — Airworthiness H.R. 3545. A bill to authorize the Secretary ting the Department’s final rule — Safety Directives; Airbus Model A380-841, -842, and of Education to award grants for the support Zone; Sabine River and Sabine-Neches Canal -861 Airplanes [Docket No.: FAA-2009-0644; of full-service community schools, and for [COTP Port Arthur-08-005] (RIN: 1625-AA00) Directorate Identifier 2009-NM-059-AD; other purposes; to the Committee on Edu- received July 30, 2009, pursuant to 5 U.S.C. Amendment 39-15972; AD 2009-15-09] (RIN: cation and Labor. 801(a)(1)(A); to the Committee on Transpor- 2120-AA64) received July 28, 2009, pursuant to By Mr. SESTAK (for himself, Ms. tation and Infrastructure. 5 U.S.C. 801(a)(1)(A); to the Committee on BORDALLO, and Mr. KAGEN): 3235. A letter from the Attorney Advisor, Transportation and Infrastructure. H.R. 3546. A bill to amend the Small Busi- Department of Homeland Security, transmit- 3244. A letter from the Program Anaylst, ness Act to make permanent the Community ting the Department’s final rule — Safety Department of Transportation, transmitting Express Program, and for other purposes; to Zone; Ohio River, Mile 469.0 to 471.0, Cin- the Department’s final rule — Airworthiness the Committee on Small Business. cinnati, OH [Docket No.: USCG-2008-0767] Directives; Aerospatiale Model SN-601 (Cor- By Mr. PENCE: (RIN: 1625--AA00) received July 30, 2009, pur- vette) Airplanes [Docket No.: FAA-2009-0646; H. Res. 723. A resolution electing a minor- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Directorate Identifier 2009-NM-055-AD; ity member to a standing committee; consid- mittee on Transportation and Infrastruc- Amendment 39-15974; AD 2009-15-11] (RIN: ered and agreed to. ture. 2120-AA64) received July 28, 2009, pursuant to By Mr. SCHIFF (for himself, Mr. 3236. A letter from the Attorney Advisor, 5 U.S.C. 801(a)(1)(A); to the Committee on DREIER, Ms. PELOSI, Ms. ZOE LOFGREN Department of Homeland Security, transmit- Transportation and Infrastructure. of California, Mr. MCKEON, Mrs. ting the Department’s final rule — Safety NAPOLITANO, Mr. RADANOVICH, Ms. Zone; Neches River and Sabine-Neches Canal f ROYBAL-ALLARD, Mrs. BONO MACK, [COTP Port Arthur-08-008] (RIN: 1625-AA00) REPORTS OF COMMITTEES ON Ms. LEE of California, Mr. DANIEL E. received July 30, 2009, pursuant to 5 U.S.C. PUBLIC BILLS AND RESOLUTIONS LUNGREN of California, Mrs. DAVIS of 801(a)(1)(A); to the Committee on Transpor- California, Mr. CALVERT, Mr. BER- tation and Infrastructure. Under clause 2 of rule XIII, reports of MAN, Mr. ROHRABACHER, Mr. 3237. A letter from the Attorney Advisor, committees were delivered to the Clerk CARDOZA, Mr. NUNES, Ms. LORETTA Department of Homeland Security, transmit- for printing and reference to the proper SANCHEZ of California, Mr. ISSA, Mrs. ting the Department’s final rule — Safety calendar, as follows: CAPPS, Mr. HERGER, Ms. MATSUI, Mr. Zone; Sabine-Neches Canal [COTP Port Ar- Mr. ARCURI: Committee on Rules. House MCCLINTOCK, Ms. WOOLSEY, Mr. thur-08-009] (RIN: 1625-AA00) received July Resolution 726. Resolution providing for con- BILBRAY, Mr. COSTA, Mr. GARY G. 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to sideration of the bill (H.R. 965) to amend the MILLER of California, Mr. FARR, Mr. the Committee on Transportation and Infra- Chesapeake Bay Initiative Act of 1998 to pro- CAMPBELL, Ms. LINDA T. SA´ NCHEZ of structure. California, Mr. MCCARTHY of Cali- 3238. A letter from the Attorney Advisor, vide for the continuing authorization of the fornia, Mr. SHERMAN, Mr. LEWIS of Department of Homeland Security, transmit- Chesapeake Bay Gateways and Watertrails California, Mr. GEORGE MILLER of ting the Department’s final rule — Safety Network (Rept. 111–249). Referred to the California, Mr. GALLEGLY, Ms. Zone; Calcasieu Ship Channel [COTP Port House Calendar. SPEIER, Mr. ROYCE, Mr. BACA, Mr. Arthur-08-011] (RIN: 1625-AA00) received July f MCNERNEY, Ms. HARMAN, Mr. THOMP- 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to SON of California, Ms. RICHARDSON, the Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS Mr. FILNER, and Ms. CHU): structure. Under clause 2 of rule XII, public H. Res. 724. A resolution honoring the first 3239. A letter from the Attorney Advisor, bills and resolutions of the following Department of Homeland Security, transmit- responders, paying tribute to the victims of titles were introduced and severally re- the Southern California wildfires, and ting the Department’s final rule — Safety ferred, as follows: Zone; Safe Passing Distance and Minimum mourning the loss of Firefighter Captain Safe Speed for Vessels Operating near Coast By Mr. DANIEL E. LUNGREN of Cali- Tedmund ‘‘Ted’’ Hall, and Firefighter Spe- Guard ATON Vessels, Sector Houston-Gal- fornia: cialist Arnaldo ‘‘Arnie’’ Quinones; to the veston; Harris, Galveston, Brazoria and H.R. 3542. A bill to direct the Architect of Committee on Oversight and Government Chambers Counties, Texas [Docket No.: the Capitol to fly the flag of a State over the Reform; considered and agreed to. USCG-2008-1025] (RIN: 1625-AA00) received Capitol each year on the anniversary of the By Mr. FILNER (for himself, Mr. July 30, 2009, pursuant to 5 U.S.C. date of the State’s admission to the Union; BILBRAY, Mr. THOMPSON of Pennsyl- 801(a)(1)(A); to the Committee on Transpor- to the Committee on House Administration. vania, Mr. GRIJALVA, Mr. BACA, Mr. tation and Infrastructure. By Ms. BALDWIN: ROHRABACHER, Mr. COSTA, Mrs. 3240. A letter from the Program Analyst, H.R. 3543. A bill to direct the Environ- NAPOLITANO, Mr. FARR, Ms. SPEIER, Department of Transportation, transmitting mental Protection Agency to establish a Mr. CARDOZA, Mr. THOMPSON of Cali- the Department’s final rule — Airworthiness product carbon disclosure program to facili- fornia, Mr. SHERMAN, Ms. LINDA T. Directives; Boeing Model 707 Airplanes and tate carbon content labeling, and for other SA´ NCHEZ of California, and Mrs. Model 720 and 720B Series Airplanes [Docket purposes; to the Committee on Energy and DAVIS of California): No.: FAA-2008-0645; Directorate Identifier Commerce. H. Res. 725. A resolution congratulating 2007-NM-358-AD; Amendment 39-15969; AD By Mr. FILNER: the Chula Vista Park View Little League 2009-15-06] (RIN: 2120-AA64) received July 28, H.R. 3544. A bill to amend title 38, United team of Chula Vista, California, for winning 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the States Code, to provide guidelines for the es- the 2009 Little League World Series Cham- Committee on Transportation and Infra- tablishment of new national cemeteries by pionship; to the Committee on Oversight and structure. the Secretary of Veterans Affairs, and for Government Reform. 3241. A letter from the Program Anaylst, other purposes; to the Committee on Vet- By Mr. ISRAEL (for himself, Ms. Department of Transportation, transmitting erans’ Affairs. DELAURO, Mr. BURTON of Indiana, and the Department’s final rule — Airworthiness By Mr. HOYER (for himself, Mr. Mr. ISSA): Directives; BAE Systems (Operations) Lim- GEORGE MILLER of California, Mr. H. Res. 727. A resolution supporting the ited Model BAE 146 and Avro 146-RJ Air- LOEBSACK, Mr. CONYERS, Ms. goals and ideals of National Ovarian Cancer planes [Docket No.: FAA-2009-0398; Direc- DELAURO, Ms. FUDGE, Mr. MASSA, Mr. Awareness Month; to the Committee on torate Identifer 2008-NM-193-AD; Amendment SARBANES, Mrs. CAPPS, Mr. ELLS- Oversight and Government Reform. 39-15971; AD 2009-15-08] (RIN: 2120-AA64) re- WORTH, Mr. SIRES, Ms. MARKEY of By Mr. KENNEDY (for himself, Mrs. ceived July 28, 2009, pursuant to 5 U.S.C. Colorado, Mr. FATTAH, Mr. GRIJALVA, BONO MACK, and Mr. LARSEN of Wash- 801(a)(1)(A); to the Committee on Transpor- Mr. BERMAN, Ms. CLARKE, Mr. HIMES, ington): tation and Infrastructure. Mr. KENNEDY, Mr. MCGOVERN, Mr. H. Res. 728. A resolution recognizing the 3242. A letter from the Program Analyst, STARK, Ms. BORDALLO, Ms. importance of ‘‘National Drug Facts Chat Department of Transportation, transmitting SCHAKOWSKY, Mr. HONDA, Mr. TONKO, Day’’ on November 10, 2009; to the Com- the Department’s final rule — Airworthiness Ms. NORTON, Mr. CARSON of Indiana, mittee on Education and Labor.

VerDate Nov 24 2008 02:43 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L09SE7.000 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE September 9, 2009 CONGRESSIONAL RECORD — HOUSE H9397 ADDITIONAL SPONSORS H.R. 1826: Mr. STARK and Mr. DEFAZIO. H.R. 3238: Ms. JACKSON-LEE of Texas, Ms. H.R. 1866: Mr. HONDA. CORRINE BROWN of Florida, Mr. FATTAH, Mr. Under clause 7 of rule XII, sponsors H.R. 1908: Mr. BARTLETT, Ms. BERKLEY, Mr. REYES, Mr. MEEK of Florida, and Ms. ROY- were added to public bills and resolu- SESSIONS, Mr. CROWLEY, and Mr. MCCOTTER. BAL-ALLARD. tions as follows: H.R. 1928: Mr. SESTAK. H.R. 3266: Mr. CAO, Mr. ROONEY, Mr. MEEK H.R. 25: Mr. BONNER. H.R. 1964: Mr. COHEN. of Florida, Mr. PETERSON, and Mr. BOSWELL. H.R. 43: Mr. ROGERS of Kentucky, Mr. H.R. 1995: Mr. WU and Mr. SESTAK. H.R. 3286: Mr. MCGOVERN, Ms. SHEA-POR- JOHNSON of Georgia, and Mr. MURPHY of Con- H.R. 2000: Mrs. HALVORSON, Mr. AL GREEN TER, Mr. CUMMINGS, Ms. WATERS, Mr. VAN necticut. of Texas, and Mr. GUTIERREZ. HOLLEN, Mr. COSTELLO, Mr. SULLIVAN, Mr. H.R. 82: Mr. MARSHALL. H.R. 2002: Mr. SESTAK. ISRAEL, Mr. BOUCHER, and Mr. TONKO. H.R. 104: Mr. JACKSON of Illinois. H.R. 2016: Mr. SESTAK. H.R. 3295: Mr. BLUMENAUER and Mr. JOHN- H.R. 156: Mr. BURGESS. H.R. 2024: Mr. HOEKSTRA. SON of Georgia. H.R. 197: Mr. WALDEN, Mrs. SCHMIDT, and H.R. 2067: Ms. LEE of California. H.R. 3382: Mr. PITTS. HEA ORTER OHEN Mr. BOCCIERI. H.R. 2068: Ms. S -P and Mr. C . H.R. 3404: Mr. SESTAK, Ms. KAPTUR, Mr. H.R. 2149: Ms. ZOE LOFGREN of California. H.R. 240: Mr. DAVIS of Kentucky. CUMMINGS, Mr. KILDEE, Mr. YARMUTH, and H.R. 2156: Ms. BALDWIN. H.R. 275: Mr. DAVIS of Kentucky, Mrs. Ms. ROYBAL-ALLARD. H.R. 2170: Mr. MINNICK. KIRKPATRICK of Arizona, Mr. KING of Iowa, H.R. 3464: Mr. BERRY and Mr. WILSON of H.R. 2239: Mr. SESTAK. Mr. CHANDLER, and Mr. LOBIONDO. South Carolina. H.R. 2254: Mr. ROTHMAN of New Jersey and H.R. 303: Mr. ROE of Tennessee. H.R. 3472: Mr. SCHRADER, Mr. LUJA´ N, and Ms. SCHAKOWSKY. H.R. 422: Mr. VAN HOLLEN. Mr. MASSA. H.R. 2280: Mr. ABERCROMBIE. H.R. 450: Mr. WILSON of South Carolina, H.R. 3519: Mr. MICHAUD, Ms. SHEA-PORTER, H.R. 2310: Mr. SMITH of Washington. Mr. SOUDER, and Mr. TIAHRT. Mr. MCCOTTER, Mr. MOORE of Kansas, Mr. H.R. 2339: Mrs. MALONEY. H.R. 460: Mr. WAXMAN. EDWARDS of Texas, and Mr. JOHNSON of Illi- H.R. 2365: Mr. LOBIONDO, Mr. KLEIN of Flor- H.R. 510: Mr. BLUNT, Mr. SCALISE, Mr. LEE nois. ida, Mr. ROONEY, Mr. OLVER, and Mr. BISHOP OSEY. H.R. 3522: Mr. BOCCIERI and Mr. RODRIGUEZ. of New York, and Mr. P of New York. H.R. 615: Mr. UPTON. H.R. 3532: Ms. CHU. H.R. 2377: Mr. MCNERNEY. H.R. 621: Mr. MASSA, Mr. BOUCHER, Mr. H.R. 3535: Ms. SUTTON. H.R. 2406: Mr. DAVIS of Kentucky, Mr. STARK, and Mr. DAVIS of Alabama. H.R. 3536: Mr. STUPAK, Mr. MAFFEI, Ms. DEAL of Georgia, and Mr. KING of Iowa. ESTAK DELAURO, Mr. KENNEDY, and Mr. HINCHEY. H.R. 673: Mr. S . H.R. 2425: Mr. PAUL and Mr. WU. H. Con. Res. 42: Ms. JACKSON-LEE of Texas. H.R. 678: Mr. MASSA. H.R. 2452: Mr. PALLONE, Mr. SIRES, Mr. LIN- H. Con. Res. 43: Ms. JACKSON-LEE of Texas. H.R. 690: Mr. ALTMIRE. COLN DIAZ-BALART of Florida, Mr. SPACE, Mr. ARNEY H. Con. Res. 44: Mr. PAYNE and Ms. JACK- H.R. 721: Mr. C . LANGEVIN, Mr. GRAYSON, Mr. LOBIONDO, Mr. H.R. 725: Mrs. KIRKPATRICK of Arizona, Mr. SON-LEE of Texas. OLSON, and Mr. COSTA. H. Con. Res. 46: Ms. JACKSON-LEE of Texas. REYES, and Mr. GRIJALVA. H.R. 2456: Ms. SUTTON. H. Con. Res. 73: Mr. PAYNE. H.R. 734: Mr. MILLER of North Carolina and H.R. 2528: Mrs. MCMORRIS RODGERS and Mr. H. Con. Res. 94: Ms. KILPATRICK of Michi- Mr. SHULER. HERGER. gan. H.R. 745: Mr. PRICE of North Carolina, Mr. H.R. 2538: Mr. SESTAK. ALDWIN RYAN of Wisconsin, and Mr. MILLER of North H.R. 2554: Mr. MANZULLO. H. Con. Res. 97: Ms. B . Carolina. H.R. 2555: Mr. SHULER, Ms. WOOLSEY, and H. Con. Res. 129: Mr. SPRATT, Mr. H.R. 758: Mr. MARKEY of Massachusetts. Mr. CHILDERS. LANGEVIN, Mr. BRADY of Pennsylvania, Mr. H.R. 795: Ms. GIFFORDS and Mr. STARK. H.R. 2556: Mr. KLINE of Minnesota. JOHNSON of Georgia, Mr. HOLDEN, Mr. H.R. 848: Mr. BRADY of Pennsylvania. H.R. 2562: Mr. PLATTS. DRIEHAUS, and Ms. SHEA-PORTER. H.R. 884: Mr. PLATTS. H.R. 2590: Mr. WU. H. Con. Res. 147: Mr. MASSA. H.R. 949: Mr. COSTELLO and Mr. H.R. 2626: Mr. MINNICK. H. Con. Res. 158: Mr. LUETKEMEYER, Mr. LATOURETTE. H.R. 2676: Mr. POMEROY. COURTNEY, and Mr. LEVIN. H.R. 959: Mr. CARNEY. H.R. 2692: Mr. MOORE of Kansas, Mr. H. Con. Res. 178: Mr. CARNAHAN, Mrs. H.R. 983: Mr. SHUSTER. MASSA, and Mr. CARNEY. MALONEY, Mr. MEEKS of New York, Mr. H.R. 995: Mr. WU. H.R. 2695: Mr. SULLIVAN. MCMAHON, and Mr. UPTON. H.R. 1017: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 2697: Mr. KRATOVIL. H. Res. 148: Ms. JACKSON-LEE of Texas. fornia. H.R. 2698: Mr. ROONEY. H. Res. 167: Mr. MANZULLO, Mr. GERLACH, H.R. 1142: Mr. BUCHANAN. H.R. 2699: Mr. ROONEY. Mr. MCGOVERN, Mr. CONYERS, and Mr. H.R. 1176: Mr. MORAN of Kansas. H.R. 2711: Mr. CHAFFETZ and Ms. SHEA-POR- RUPPERSBERGER. H.R. 1182: Mr. ADLER of New Jersey, Ms. TER. H. Res. 252: Mr. THOMPSON of California, MARKEY of Colorado, and Mr. MORAN of Kan- H.R. 2713: Ms. SHEA-PORTER. Mr. HALL of New York, Mr. ISRAEL, Mr. sas. H.R. 2835: Ms. CLARKE. GALLEGLY, and Ms. RICHARDSON. H.R. 1207: Mr. DELAHUNT. H.R. 2866: Mr. HINCHEY. H. Res. 291: Mr. PLATTS and Mr. LOBIONDO. H.R. 1210: Mr. LATOURETTE. H.R. 2894: Ms. MCCOLLUM and Mr. H. Res. 364: Mr. HELLER. H.R. 1215: Ms. TSONGAS. CUMMINGS. H. Res. 419: Mr. SESTAK. H.R. 1255: Mr. MANZULLO, Mr. ROSS, and H.R. 2897: Ms. BALDWIN, Mr. LUETKEMEYER, H. Res. 458: Mr. SESTAK. Mr. HELLER. Mr. HOLDEN, Mr. FOSTER, and Mr. CLAY. H. Res. 459: Mr. PAULSEN. H.R. 1278: Ms. JACKSON-LEE of Texas. H.R. 2900: Mr. CULBERSON. H. Res. 487: Mr. KIND. H.R. 1283: Ms. CHU. H.R. 2909: Mr. ELLISON, Ms. MOORE of Wis- H. Res. 494: Mr. TURNER. H.R. 1339: Mr. BAIRD. consin, and Mr. SIRES. H. Res. 510: Mr. GRIJALVA. H.R. 1361: Mr. HOLT and Mr. LANGEVIN. H.R. 2941: Mr. POSEY, Mr. WU, Ms. EDWARDS H. Res. 547: Mr. SESTAK. H.R. 1362: Mr. EHLERS, Mr. BERMAN, Mr. of Maryland, Mr. DOGGETT, Ms. JACKSON-LEE H. Res. 601: Mr. SESTAK. MURPHY of Connecticut, Mr. WILSON of South of Texas, and Mr. ELLISON. H. Res. 605: Ms. SCHAKOWSKY, Mr. PALLONE, Carolina, Mr. BRALEY of Iowa, and Mr. WU. H.R. 2954: Mr. DELAHUNT. Mr. CAPUANO, Ms. SHEA-PORTER, Mr. AL H.R. 1378: Mr. TIM MURPHY of Pennsyl- H.R. 2964: Mr. SESTAK. GREEN of Texas, Mr. SCHIFF, and Mr. vania. H.R. 3019: Mr. DINGELL, Mr. BUYER, and Mr. LUETKEMEYER. H.R. 1423: Mr. CROWLEY, Mr. VAN HOLLEN, STEARNS. H. Res. 615: Mr. THORNBERRY and Ms. FOXX. Mr. LEVIN, and Ms. BERKLEY. H.R. 3164: Mr. PLATTS and Mr. PRICE of H. Res. 633: Ms. MCCOLLUM. H.R. 1476: Ms. ROS-LEHTINEN and Mr. ACK- North Carolina. H. Res. 638: Mr. COBLE. ERMAN. H.R. 3166: Mr. HALL of New York. H. Res. 649: Mrs. CHRISTENSEN, Mr. H.R. 1479: Mrs. NAPOLITANO, Ms. MATSUI, H.R. 3167: Mr. TIAHRT. GRIJALVA, Ms. LEE of California, Ms. MCCOL- and Mrs. CAPPS. H.R. 3178: Mr. BOCCIERI. LUM, Mr. MOORE of Kansas, Mr. MORAN of H.R. 1503: Mr. FRANKS of Arizona. H.R. 3226: Mr. CULBERSON, Mr. MORAN of Virginia, Mr. SESTAK, and Ms. WOOLSEY. H.R. 1557: Mr. EDWARDS of Texas. Kansas, Mr. LUETKEMEYER, Mr. BURGESS, Mr. H. Res. 655: Mr. BACA. H.R. 1581: Mr. PLATTS. COLE, Mr. GINGREY of Georgia, Mr. H. Res. 659: Ms. RICHARDSON. H.R. 1585: Mr. PETRI. MARCHANT, Mr. POSEY, Mr. NEUGEBAUER, Mr. H. Res. 671: Mr. DUNCAN, Mr. FORBES, and H.R. 1618: Mr. VISCLOSKY. MARIO DIAZ-BALART of Florida, Mr. MCCAUL, Mr. PITTS. H.R. 1625: Mr. JOHNSON of Illinois, Mr. Mr. CASSIDY, Mrs. LUMMIS, Mr. KLINE of Min- H. Res. 677: Mr. WEINER, Mr. BLUMENAUER, BERRY, Mr. RUPPERSBERGER, and Mr. PAYNE. nesota, Mr. BROWN of South Carolina, Mr. Mr. RYAN of Ohio, Mr. AL GREEN of Texas, H.R. 1646: Mr. RYAN of Ohio and Mr. TERRY, Mr. COFFMAN of Colorado, Mr. DENT, Mr. TOWNS, and Mr. PETERS. ETHERIDGE. Mr. SHUSTER, Mr. STEARNS, Mr. SULLIVAN, H. Res. 686: Mr. ADLER of New Jersey, Mr. H.R. 1682: Mr. CARNEY. Mr. JORDAN of Ohio, Mr. MICA, Mr. WALDEN, NADLER of New York, Ms. SHEA-PORTER, Mr. H.R. 1691: Mr. ABERCROMBIE. Mr. LATHAM, Mr. AKIN, Mr. HUNTER, Mr. BU- SCHIFF, Ms. KILPATRICK of Michigan, Ms. LEE H.R. 1702: Mr. HOLT. CHANAN, Mr. BACHUS, Mr. WOLF, and Mr. WIL- of California, Mr. VAN HOLLEN, Mr. DANIEL H.R. 1799: Mr. DAVIS of Alabama. SON of South Carolina. E. LUNGREN of California, Mr. ENGEL, Mr.

VerDate Nov 24 2008 02:43 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.055 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE H9398 CONGRESSIONAL RECORD — HOUSE September 9, 2009 MCINTYRE, Mr. TURNER, and Mr. MORAN of CONGRESSIONAL EARMARKS, LIM- tariff benefits as defined in clause 9(d), 9(e), Kansas. ITED TAX BENEFITS, OR LIM- or 9(f) of Rule XXI. H. Res. 704: Mr. CLAY, Mr. CAPUANO, Mr. ITED TARIFF BENEFITS ROHRABACHER, Mr. PRICE of North Carolina, OFFERED BY MR. RAHALL Mr. BARTLETT, and Mr. POE of Texas. Under clause 9 of rule XXI, lists or The provisions that warranted a referral to H. Res. 707: Mr. TONKO and Mr. HARE. statements on congressional earmarks, the Committee on Natural Resources, in H. Res. 712: Mr. BLUNT and Mr. GORDON of limited tax benefits, or limited tariff Tennessee. H.R. 965, the Chesapeake Bay Gateways and benefits were submitted as follows: H. Res. 716: Mr. LANCE, Mr. CONNOLLY of Watertrails Network Continuing Authoriza- Virginia, Mr. MANZULLO, Ms. TITUS, Mr. The amendment to be offered by Rep- tion Act, does not contain any congressional resentative BISHOP of Utah, or a designee, to SABLAN, Ms. HARMAN, Mr. PIERLUISI, Mr. earmarks, limited tax benefits, or limited MCGOVERN, and Mr. SCHAUER. H.R. 965, the Chesapeake Bay Gateways and tariff benefits as defined in clause 9(d), 9(e), H. Res. 718: Ms. ZOE LOFGREN of California, Watertrails Network Continuing Authoriza- Mr. POE of Texas, Ms. MCCOLLUM, Ms. SUT- tion Act, does not contain any congressional or 9(f) of Rule XXI. TON, Mr. TONKO, and Mr. POLIS. earmarks, limited tax benefits, or limited

VerDate Nov 24 2008 04:25 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\A09SE7.063 H09SEPT1 jbell on DSKDVH8Z91PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, FIRST SESSION

Vol. 155 WASHINGTON, WEDNESDAY, SEPTEMBER 9, 2009 No. 126 Senate The Senate met at 10 a.m. and was U.S. SENATE, HEALTH CARE REFORM called to order by the Honorable JEFF PRESIDENT PRO TEMPORE, Mr. REID. Mr. President, I wish to Washington, DC, September 9, 2009. MERKLEY, a Senator from the State of take a few minutes this morning to Oregon. To the Senate: Under the provisions of rule I, paragraph 3, bring to the attention of the Senate an of the Standing Rules of the Senate, I hereby article in the September 7 Newsweek PRAYER appoint the Honorable JEFF MERKLEY, a Sen- magazine. This is the language from The Chaplain, Dr. Barry C. Black, of- ator from the State of Oregon, to perform Newsweek. I am not using the words; fered the following prayer: the duties of the Chair. these are their words. There are two Eternal Spirit, the fountain of all ROBERT C. BYRD, pages. ‘‘The Five Biggest Lies in the wisdom, we bring our fragmented lives President pro tempore. Health Care Debate.’’ Remember, it is into Your presence, seeking Your Mr. MERKLEY thereupon assumed the five biggest, but there are a lot of wholeness. We bring our restless spirits the chair as Acting President pro tem- them that have been going on. These to You seeking Your calm strength. We pore. are the five biggest lies, in the esti- bring You our transient thoughts, f mation of the publishers of this multi- seeking the permanence of Your gra- million-dollar distributed magazine: cious providence. RECOGNITION OF THE MAJORITY To the credit of opponents of health-care Today, remind our lawmakers that LEADER reform, the lies and exaggeration they’re only as we lose ourselves in something The ACTING PRESIDENT pro tem- spreading are not made up out of whole cloth—which makes the misinformation that higher can we truly find ourselves. To pore. The majority leader is recog- this end, give them great causes to em- much more credible. Instead, because oppo- nized. nents demand that everyone within earshot brace and a great faith to energize f (or e-mail range) look, say, ‘‘at page 425 of their labors. Lord, lead them from the House bill,’’ the lies take on a patina of doubt and disillusionment, from cyni- SCHEDULE credibility. Take the claim in one chain e- cism and frustration, to a confidence mail that the government will have elec- that in everything You work for the Mr. REID. Mr. President, following tronic access to everyone’s bank account, good of those who love You. Give them leader remarks, the Senate will be in a implying that the Feds will rob you blind. the light to see the way You desire period of for an hour, That is a falsehood. It is not in any them to take through today’s per- with Senators permitted to speak bill, on any page, or anyplace. It is just plexing circumstances. therein for up to 10 minutes each. The made up, and it is carried on talk We pray in Your Holy Name. Amen. majority will control the first 30 min- radio, blogs, and cable TV all over utes and the Republicans will control America. It is false, not true. f the second 30 minutes. Following One of the things I found in going morning business, the Senate will re- home is that people are concerned—old PLEDGE OF ALLEGIANCE sume consideration of S. 1023, the Trav- people, because we get sick when we el Promotion Act. The Senate will re- get old—they won’t be able to get any The Honorable JEFF MERKLEY led the cess from 12:30 to 2:15 to allow for the chemotherapy. In this magazine, No. 1, Pledge of Allegiance, as follows: weekly caucus luncheons to meet. We it says that ‘‘the threat that Medicare I pledge allegiance to the Flag of the hope to reach an agreement to yield will give cancer patients over 70 only United States of America, and to the Repub- back some of the debate time on the end-of-life counseling and not chemo- lic for which it stands, one nation under God, travel promotion legislation prior to indivisible, with liberty and justice for all. therapy’’ is a lie. It is not me saying 4:30 p.m. Senators will be notified when that, it is Newsweek. that vote is scheduled. Upon disposi- Another one is that illegal immi- f tion of the travel bill, the Senate will grants will get free health insurance. proceed to a vote on the execu- The House bill doesn’t give anyone free APPOINTMENT OF ACTING tive nomination of Cass Sunstein to be health care. PRESIDENT PRO TEMPORE Administrator of the Office of Informa- So illegal immigrants getting free The PRESIDING OFFICER. The tion and Regulatory Affairs at the Of- health insurance is a lie. That is one of clerk will please read a communication fice of Management and Budget. This the five biggest lies. to the Senate from the President pro week, we are also going to go to the Another one is that death panels will tempore (Mr. BYRD). Transportation appropriations bill, and decide who lives. This is a dandy that The legislative clerk read the fol- we will continue to work through the started and got legs because of the re- lowing letter: important appropriations process. signed Governor of Alaska.

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

S9143

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VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9144 CONGRESSIONAL RECORD — SENATE September 9, 2009 On July 16, Betsy McCaughey, a former REMEMBERING SENATOR EDWARD Is he out of work? No. He is a small lieutenant governor of New York and darling M. KENNEDY businessman who operates an air-filter of the right, said on Fred Thompson’s radio maintenance company, and he is one of show that ‘‘On page 425’’— Mr. DURBIN. Mr. President, we knew it was coming. Yet the sight of Senator more than 45 million Americans who They talk about page 425, but it Edward Kennedy’s desk draped in the have no health insurance. doesn’t exist there or anyplace else. black velvet of mourning is painfully It says: But that gives them credibility. sad. He wants to see Congress and the Obama ‘‘On page 425, Congress would make it man- America and the world have lost a administration cover all Americans through datory . . . that every five years, people in great champion of civil rights, human a universal, government-controlled system. Medicare have a required counseling session And he’s not scared of what some would call that will tell them how to end their life rights, and fairness. As President ‘‘socialized medicine.’’ Obama said so well, Senator Kennedy sooner, how to decline nutrition.’’ Sarah He said this Tuesday: Palin coined ‘‘death panels’’ in an August 7 was not only historic, he was heroic. We have socialized medicine already—it’s Facebook post. We will have more time later this called Medicare, and it works. week to talk about his extraordinary Mr. President, that is a lie. This says: Next is that the government will set life and the honor those of us who America’s health-care costs total more doctors’ wages. This is the socialized served with him enjoyed during his life. Today, I wish to say what a great than $2.2 trillion a year, accounting for 16.2 medicine thing we hear so much about, percent of the gross domestic product in 2007. that all this health care debate is honor it was to have worked alongside Ted Kennedy. That is $1 out of every $6 spent in about is socialized medicine. This is in America. the magazine. On his desk today is a copy of one of And yet, the latest statistics indicate that I have told people in Nevada and ev- his favorite poems, ‘‘The Road Less Traveled’’ by Robert Frost. 15 percent of Americans [like Terry Broida] eryplace I went during the break that were uninsured in 2007. the only person I have ever heard in There is another Frost poem that is identified with the Kennedys that Ted Health care costs are crippling the many years who spoke about a single- ability of many companies to compete, payer system was Paul Wellstone. He Kennedy loved as well. It is called ‘‘Stopping by Woods on a Snowy and many companies are dropping cov- did it proudly. He believed in it and he erage. talked about it. But he is the only per- Evening.’’ It is the story of a man who pauses to admire the simple serene Broida, the father of six, hasn’t had health son I have heard talk about it since I insurance [in 40 years] since 1969, when he have been in Congress. But the govern- beauty of a New England woods filling softly with snow and wishes he could was 22 and sold life insurance [at a local ment setting doctors’ wages is a lie. agency]. When he left that job, he operated Socialized medicine is not part of the stay longer. It reads: furniture stores for more than 30 years. plan that is being talked about. That is But I have promises to keep, He said, ‘‘I was young, stupid and simply not true. And miles to go before I sleep, And miles to go before I sleep. thought I could handle anything.’’ I hope people will come back to re- Unlike his beloved brothers, Senator He said he never could afford health insur- ality and understand that what we are ance but always seemed to scrape together trying to do is fix a system that is Kennedy’s life was not one of promise enough money for doctor visits for himself, bankrupting our country. Insurance cut short but a life of promises kept. his kids and his now-ex-wife—until 1980, companies are making huge amounts of He loved America, and his life’s work when he broke his right leg playing softball. money. They are not subject to the made us a better and more just nation. To pay for the $3,000 surgery to fix his leg, he agreed to reupholster the surgeon’s fur- antitrust laws. They are taking advan- If Ted Kennedy were here today, I feel absolutely certain that he would niture. tage of the American people. Their No. ‘‘It was a pretty good swap,’’ Broida said. 1 goal is to see how much money they be on the floor at this moment talking about health care. It really was the But that doctor died a few months later, can make, and that is not a lie. We are leaving Broida with no one willing to accept trying to change the curve. hallmark of his public career. From the a similar swap to remove the metal rod [the Right now, in America, one-sixth of beginning, he understood this was one doctor put] in his leg. every dollar spent by everyone—it of the most fundamental things when The rod is still there today, 29 years doesn’t matter where you are—is for it came to justice and fairness in later. America. health care. If we don’t change that, by A 17-foot fall through a roof while working The fact that 47 million Americans 2020, which is close, 35 percent of every in early 1990s left him with another $3,000 dollar spent will be for health care. We have no health insurance is at least hospital bill he couldn’t pay, and a heart at- are not trying to take away benefits embarrassing, if not shameful, in this tack in 1995 generated a $25,000 bill to St. from old people. We are doing our very great and prosperous Nation. Who are John’s Hospital [in Springfield, IL]. best to have a fair system and one that these people, these 47 million? Are they He thinks the hospital forgave most stops the insurance companies from lazy or just unlucky? Well, they are of the bill. taking advantage of everyone. not the poorest in America because we Fearing another big bill, [Terry] decided provide for the poorest. We have Med- not to seek medical care in 1996, when he fell f icaid, which provides basic health care off another roof. ‘‘I just laid in bed until the RESERVATION OF LEADER TIME for those who are out of work and have pain went away, and I went back to work,’’ no source of income or savings. They Broida said. The ACTING PRESIDENT pro tem- are not the fortunate few or the fortu- Spinal stenosis almost crippled him until pore. Under the previous order, leader- nate majority, because they don’t his primary care doctor at [a local commu- ship time is reserved. nity health center] referred him for emer- enjoy health insurance, as most of us gency surgery in 2007. f do, where they work. They are people The surgery worked, but the surgeon who get up and go to work every single MORNING BUSINESS was from a local clinic which did not day, without the assurance that they The ACTING PRESIDENT pro tem- offer discounted rates to patients, such are going to have protection if they pore. Under the previous order, the as they offer to major health insurance run into medical bills. Senate will proceed to a period of This morning, in the State Journal companies. The doctor bill alone for morning business for 1 hour, with Sen- Register, which is published in my his emergency surgery was $40,000. ators permitted to speak therein for up hometown of Springfield, IL, there is a Broida said, ‘‘There’s no way in hell I to 10 minutes each, with the time story of one person, Terry Broida. He is can pay $40,000.’’ equally divided and controlled between a fellow who is down on his luck. He is At one time, he said, he earned $50,000 a the two leaders or their designees. The 62 years old, and he says: year. He said he now makes about $18,000 majority will control the first half and while recovering from surgery. ‘‘I couldn’t get a credit card to buy a post- the Republicans will control the second age stamp,’’ said Broida, 62, who estimated He went on to talk about the fact half. he owes $80,000 to Springfield doctors and that he had heart problems that may The Senator from Illinois is recog- hospitals, money he doesn’t think he will be have been complicated by dental prob- nized. able to pay. lems. He cannot afford regular dental

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9145 care, obviously. He basically said he is meetings but sit down and have an prevail. This is a time for us to stand for a universal system of health care. honest debate and answer questions and do the right thing for this country He would like the Federal Government honestly, not the kind of distortion and bring coverage to those today in to establish a public option to compete and lies we have seen. America who do not have the most against private insurance companies so For Terry Broida, $80,000 in debt to basic security we all need—the security people like him could afford insurance. the hospitals and doctors in my home- of knowing that when you wake up in He said in this article: town, he will go to work tomorrow in the morning, you are not one accident ‘‘Businesses exist to make a profit,’’ he his little business and try to keep it or one diagnosis away from being wiped said. ‘‘Government exists to provide a serv- going. He will see his own medical con- out financially. ice.’’ dition deteriorate. I wonder if, on the For 47 million people, that is the re- Asked whether the debate about reform floor of the Senate and the House of ality of life in America. The President makes him hopeful, he said powerful lob- bying interests will be a barrier to major de- Representatives, there will be anybody tonight will challenge us to change it. cisions by congressional lawmakers. listening to his story and deciding that We have to have the political courage ‘‘I’m not holding my breath,’’ he said. ‘‘It’s America can do better. to do it. all about the Benjamins. If they listen to the We are the fortunate few on the floor I yield the floor. money we’re screwed.’’ of the Senate. We have the best health The ACTING PRESIDENT pro tem- Terry Broida, Springfield, IL, one of insurance in America. Every American pore. The Senator from Ohio. 47 million uninsured Americans who deserves that kind of health insurance. Mr. BROWN. Mr. President, I applaud are all over our country. They got up We have an opportunity once every the remarks of my friend from Illinois and went to work this morning at their year to pick from private health insur- and his leadership on health care small businesses and working for other ance plans, the ones that are right for issues. He is one of the people in this people. They made the bed in your our family. If we pick a big plan, we institution—and I wish there were motel room last night. They are going pay more out of our payroll deduction. more—who went home and listened to to take the dishes off the table when If we pick a smaller plan, we pay less. people and came to the floor of the you finish with your breakfast. They But we have that right, that choice, Senate to talk about the stories of peo- are the folks who are watching your that security, and peace of mind to ple because that is why we are here. He kids at daycare. They are the ones who know our families are going to be pro- represents them very well. That is why are watching your mom in the nursing tected. he supports this health care plan by home. And they are the ones who do Many of the same Senators who come the President. That is why he supports not have health insurance. to the floor and to their town meetings the public option and coverage for all— What kind of a country are we if we to rail about public options and public- prevention and wellness and all that is can ignore the obvious—47 million un- administered health care plans happen in this legislation—insurance company insured Americans. When people come to belong to one right here in the Sen- reform that matters. to the floor and rail about health care ate. Interesting, isn’t it? Terrible for I thank my friend from Illinois. reform and talk about socialism, they everybody else but perfect for them Mr. President, tonight President are talking about whether we as a na- and their families. Obama addresses the Nation, just down tion can reach out and provide for I think the American people can see the hall, in a joint session of Congress, those who go to work and do not have through that. They understand that, at an historic night. A President has not the protection and security of health the end of the day, we can improve this addressed a joint session of Congress, insurance. I do not call that socialism. system and make it better and fair. other than a State of the Union Ad- It is fundamental Americanism and They understand if they have health dress which comes at the beginning of fairness. It is what has defined us as a insurance they want to keep, it is every year, since President Bush did it country for so long. going to be their right under any right after September 11. We know how It has been almost 80 or 90 years now change of the law. If they have a doctor important this is. since we decided that if you make more they trust, they can stay with that President Obama is stepping up and money in America, you will pay more doctor. That is going to be protected. going to be more specific and more in taxes than someone who makes less. But if they are similar to Terry and forceful and help to set aside and an- Socialism? I don’t think so. I think it have no health insurance or they have swer all the distortions the Senator is fairness, and that is what we are get- health insurance which is terrible, we from Oregon, the Presiding Officer, and ting down to in this debate. want to give them the same choice I and others heard at our meetings in Tonight the President of the United Members of Congress have: to pick the our States in August, when we were States will speak to us, not far from health insurance that is right for them, home talking to people about this here, across the Rotunda. I am not sure and for those in lower income cat- health care legislation. exactly what he is going to say, but I egories, to give them a helping hand to I went to the most conservative part know one thing for sure, he is not giv- pay for that health insurance premium. of my State, Cincinnati, and did my ing up on his promise to America to That is only right, and it is only fair. first large townhall meeting. Mr. Presi- make a difference when it comes to We want to make sure these health dent, 1,500 people showed up; 1,000 of health care. This President under- insurance companies do not continue them generally were supportive of this stands it is once in a political lifetime to rip off people. Two out of three peo- health care bill with a public option. that you can change this country for ple who file for bankruptcy in America About 500 were opposed. the better. today do so because of medical bills Several people stood and some argued He also understands there are power- they cannot pay, just like Terry. Two that they did not like it. They called it ful forces against him, people who are out of three file for bankruptcy be- socialism. They talked about death making a fortune off the current sys- cause of medical bills. You know what, panels, and they talked about illegal tem who do not want anyone to rock 78 percent of them, more than three- immigrants, none of which are in the the boat. Oh, they are not going to say fourths of those filing for bankruptcy bill, of course. They have been misled, that. They are going to come up with because of medical bills have health in- in large part, by insurance company in- some of the things Senator REID re- surance. It is no good. It wasn’t there terests in this city that have done all ferred to earlier—the great lies about when they needed it. The company de- they could to propagate this misin- death panels and cutting off people nied their benefits. The company re- formation all over the country. when they need chemotherapy late in fused to pay, and they were stuck, los- The CEO of Aetna was paid $24 mil- their life. They are going to peddle ing everything—their life savings, lion last year. The CEO of CIGNA and those lies and try to mislead and dis- things they had saved for the future, so many of these other companies tort the debate. But I don’t think they gone. makes tens of millions of dollars a will succeed because I believe the We cannot allow this to continue. We year. That is just their top executives. American people understand that the cannot allow the radical voice we have Obviously, other executives make mil- best thing for us to do is not go heard over the last several weeks dis- lions of dollars a year, while too often through shoving and shouting at town torting the facts about this debate to they deny a person coverage because of

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Mark, from Cambridge, to get better employment that can also ance or plans tend to discriminate on discussed how businesses are struggling lead to coverage. gender, geography, disability, and age, with crushing premiums and copays Jane from Cambridge—eastern in many cases. that take money away from company Ohio—discussed how her retirement se- This legislation we will bring to the earnings and employee salaries. He curity is being shattered by ballooning floor that was passed out of the com- learned, as a small business owner, out-of-pocket costs and outrageous pre- mittee on which the Presiding Officer health insurance reform—our bill—will mium hikes. She will benefit from sits, the Health, Education, Labor, and provide tax credits to buy coverage for health insurance reform that roots out Pensions Committee, and passed three employees and, as we talked earlier, waste, fraud, and abuse to preserve the committees in the House of Represent- will prevent insurers from dramati- long-term sustainability of Medicare. atives, will say you can keep the insur- cally increasing premiums if an em- She will also get assistance under our ance you have, but we will build con- ployee gets sick. core medical bill, closing the doughnut sumer protections around that insur- Imagine you have a business in Eu- hole, if she had the Medicaid prescrip- ance so insurance companies cannot gene, OR, or there is a business in my tion drug coverage. This doughnut hole cut you off, cannot deny you care, can- State in Akron or Zanesville or Lima. has swallowed up so many people who not cancel your insurance policy, can- It is a small company that has 25 em- have been buried in huge costs for their not do—the technical term they use is ployees, and two of these employees prescription drugs because of the way ‘‘rescission’’—when they find all kinds get a serious form of cancer which the Medicare bill was written 5 years of reasons to cancel you. costs them—they all have insurance ago. I wish to talk a little bit about this through their employer—tens of thou- You may remember back in those townhall meeting in Cincinnati in the sands, maybe hundreds of thousands of days—and we don’t operate that way most conservative part of the State dollars. The insurance company will do anymore—the drug and insurance com- where people said: Are you sure you one of two things. They will either jack panies sat down with President Bush want to go there? Because there is all up premiums so high that the small and wrote the Medicare privatization kinds of misinformation, all kinds of business may not be able to afford the bill. It was written for the drug compa- anger and disagreement with the bill. I premiums and will have to lay off peo- nies; written for the insurance compa- found that was true only in a minority ple or cancel the insurance or the in- nies. They benefitted most from it. It of people who showed up. surance company will cancel their in- created this huge doughnut hole where It was a huge crowd we had at the surance. Either way, that will not work senior citizens have huge out-of-pocket University of Cincinnati. One woman for their employees who did nothing costs they have to bear. This legisla- particularly got my attention, a young wrong. tion begins to close that doughnut hole woman named Rachel, 17 years old. One of the things this legislation so that would not be the case. There were three high schools—Wyo- does is give those small businesses a Mr. President, it is clear that as ming High School, which is in a suburb tax credit so they, in fact, can insure many of us—the Senator from Illinois of Cincinnati, and another couple their employees and make a financial and the Presiding Officer from Colo- schools that were also there. This 17- go of it. It allows the small business- rado—went around our States in the year-old girl said—her name is Ra- person to take his whole business and last month and listened to people— chel—she said: My father’s side of the all his employees into this exchange such as the young college student who family has the breast cancer gene, the where they will get a choice of insur- lost insurance; or Rachel, the young gene that often indicates a high likeli- ance companies. They could go with woman in Cincinnati who might have a hood of breast cancer in the next gen- Aetna, CIGNA or United Health. They preexisting condition, even though she eration of women. She said: My mother could go with a not-for-profit mutual had not been sick a day in her life or has had some autoimmune diseases in company called Ohio Mutual. They been diagnosed with any preexisting her family. could go with a public option. They condition; or the small businessperson She said: I go to the doctor every have a choice. That is the point of a and fellow named Mr. Fisher in Cin- year. I am very healthy. She looked public option—to give a whole array of cinnati who told us how he has covered great. She was outspoken and friendly. choices and at the same time have in- his employees for 26 years and how She said: I go in once a year. I have a surance reform so those companies can every year it gets harder and harder, to physical. I am fine. I have never had no longer cut off people because of a the point now where he has had some any illness of any consequence. My par- preexisting condition or deny care for a serious illnesses in his company of 40 ents’ insurance company told me be- whole host of reasons. And the public or 50 or 60 people, if I can recall, and he cause of my parents’ illnesses or just option will help us enforce that by giv- simply can’t continue to cover all of my parents’ condition—not even illness ing people that option where they sim- them—every one of these individuals at this point—I was told by my par- ply would not cheat and would not has a specific problem. Many of them ents’ insurance company that I would deny coverage like that. are happy with the insurance they not be able to get insurance because I Another young man at one of our have, if they have it, but many of them have a preexisting condition. She has meetings in Columbus—Brenton, a re- know the anxiety of what might hap- never been sick, but she has been told cent college graduate—talked about pen with a preexisting condition or by the insurance company that she how the excitement of graduating what might happen to them or their would not get any insurance. turned into anxiety knowing that he is employees. Insurance is good only What kind of behavior is this? Insur- one illness away from towering med- when it always works. That is what ance companies are going to do what ical bills and even unemployment. this bill does. they are going to do. Their bottom line Brenton, like millions of other recent Insurance companies will have to do is to try to figure out how they can college graduates and young adults, what they promise, not in the fine bring in the most revenue possible and will benefit from low-cost plans and print but what they promise. This leg- how to pay out the fewest dollars as longer periods to stay on their parents’ islation goes in that direction. possible. The way you do that is to plans. I can’t count the number of We look forward to hearing the Presi- deny care. I understand that is their young people—21, 22, and 23 years old— dent tonight as he leads us on this very business model. I don’t blame them for who don’t have insurance because when important issue. This will be perhaps that. I don’t hate the insurance compa- they graduated college, left home, or the most important vote in the next nies. I understand we need rules that whatever, in their early twenties, their couple of months that any of us cast, insurance companies cannot do that. coverage was canceled. They could no at least on a domestic issue—or maybe There is no reason the law should allow longer be part of their parents’ insur- the most important vote in our lives

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9147 outside of voting on the Iraq war 6 or 7 I have worked during all phases of through increased shipbuilding and en- years ago. But this is probably the my public life with a sincere desire to suring we meet the Navy’s goal of stra- most important vote we will cast in make a difference, and today I prepare tegic dispersal—very important to our our careers. to return home knowing that I have country but also to Florida—and work- We have moved intelligently. I think done my best to advance the things ing to protect our Nation’s home buy- we have moved cautiously. We are that make our Nation great, pros- ers from bad loans, bad investments, ready to move this bill forward, get it perous, and free. We truly live in the and predatory lending practices. to the President’s desk by the end of greatest Nation in the history of the It has also been rewarding to know the year. It is going to make a dif- world, and throughout my life in public our work can often impact the lives of ference in the lives of tens of millions service I have been humbled to play a those living outside our borders fight- of people in the country. proud role in this democratic history of ing for freedom and those things which I yield the floor. our Nation. we hold dear. I brought to my work a The PRESIDING OFFICER (Mr. BEN- As mayor of Orange County, it was a belief that it is always necessary to NET). The Senator from Illinois. real pleasure and privilege to lead the provide a voice for those who are si- Mr. DURBIN. Mr. President, I see the community that had done so much for lenced for attempting to advance the Senator from Florida is on the Senate me and for my family when we first ar- cause of freedom. floor, so at this point I ask unanimous rived in this country. Then to have the Having lived under Cuba’s repressive consent to reserve the remainder of the opportunity to lead them as mayor was dictatorship, I have always recognized time on the majority side and yield to indeed a rare treat and a wonderful op- the struggle of those who fight for free- the Senator from Florida who will be portunity. We carried out an aggressive dom. That has always been, and will recognized in morning business on the agenda and tried to do the that which continue to be, a lifelong passion. I other side. would better the lives of everybody have taken every opportunity to recog- The PRESIDING OFFICER. Without nize those engaged in Cuba’s peaceful objection, it is so ordered. who lived in Orange County, and I am The Senator from Florida. proud of some of the many things we civic struggle for democratic change accomplished there. and those who stand up for their f Upon my service as mayor, I received human rights. There are names such as FAREWELL TO THE SENATE a call from then-President-elect George Dr. Oscar Elias Biscet, Antunez, the Mr. MARTINEZ. I thank the Senator W. Bush to serve my adopted Nation as Damas de Blanco—the ‘‘Ladies in from Illinois for his kindness and ap- the first Cuban American to serve in White’’—and also the victims of the preciate the opportunity to proceed the Cabinet of a President, which was, Black Spring government crackdowns. with my final speech on the floor of the again, a rare privilege and a wonderful It is my fervent hope that one day in Senate, which is a unique moment in opportunity. The call to serve as HUD the not too distant future the people in time for sure. Secretary was unexpected and not only Cuba will live in freedom with dignity The opportunity to serve in the Sen- a source of pride for me and my family and hope for a better tomorrow. Free- ate is really the culmination of what but especially for the entirety of the dom is their God-given right. has to be an unlikely journey from the Cuban American community. I will al- Even though I will no longer hold place of my birth in a small city in ways be grateful to President Bush for public office, I will devote myself to Cuba to having journeyed to the United giving me such a historic opportunity. seeing the day when the people of Cuba States and having had the incredible My time of serving on the Cabinet can live in freedom. The preservation opportunity to be in the Halls of the was punctuated by the terrorist at- of all freedoms, whether they be in most cherished institution of democ- tacks of September 11, 2001. These were Cuba or around the world, call us to racy anywhere in the world. It has sobering events. These were events stand up wherever and whenever it is been, indeed, a privilege and an un- that turned the focus of the Nation threatened. likely journey, as I say. from a fairly carefree time dealing One series of events will stand out in I am really very grateful to the peo- largely with domestic issues to a focus my mind as evidence of the power of an ple of Florida for having given me the on the reality of what had occurred in individual. A constituent of mine—a opportunity to represent them in the New York and Pennsylvania and right woman by the name of Cuc Foshee was Senate, and I think of my time in the here not far from this Capitol. It was falsely imprisoned in Ho Chi Minh’s Senate as a culmination of my time in part of my job as HUD Secretary to prison while she was visiting her fam- public service, the close of a fulfilling work on the reconstruction of Lower ily in Vietnam. This was a lady who chapter in my own version of the Manhattan. That and a number of fled Vietnam and who lived in Florida. American dream. other things were added as responsibil- She went back to Vietnam for a family Having lived through the onset of ities for those of us in the administra- wedding, and while she was there her tyranny in one country and played a tion at that time. Forevermore I will views about the government of Viet- part in the proud democratic traditions remember those days as having been a nam were clear and well-known, so she of another, I leave here today with a very significant part of my life in pub- was, for no particular reason, thrown tremendous sense of gratitude for the lic service. in jail in Vietnam. When this matter opportunity to give back to the Nation There is no question that it was a came to my attention, she had been in I love—the Nation not of my birth but privilege to serve the President, but detention for over a year. She was de- the Nation of my choice, which is a sig- there is no greater honor than to have nied any of the basic rights that we un- nificant difference. It is a great nation the people of Florida send me to Wash- derstand and know. She had no oppor- with a proud tradition throughout its ington to serve them as a Member of tunity to have contact with home, and history of welcoming immigrants to the Senate. Aside from the debates and she had no real hearing and no fair this country and, in addition to wel- the speeches and all the work that goes trial. Yet she was still in prison. coming, it has given us the opportunity into turning ideas into law, one of the One of the wonderful opportunities I to do great things for all who are a most rewarding experiences has been have had in my time here was to work part of this country. helping Floridians resolve issues they for her release. It so happened that, So that is why I consider serving my have in their everyday lives. working with President Bush and then- community, my State, and our Nation In the short time I have been here, Secretary of State Rice, we had before for the past 12 years a great privilege. my office has assisted more than 36,000 the Senate the Vietnamese Free Trade It was a desire to give back, to make a Florida families through casework and Agreement. President Bush was plan- contribution to this Nation that pro- written correspondence and countless ning a visit to Vietnam upon the com- pelled me to enter a life of public serv- more efforts. We made tremendous pletion of that agreement. So utilizing ice. As a mayor and Cabinet Secretary, progress on many of the issues that the resources all of us have in the Sen- and as a Senator, preserving opportuni- face our State, including efforts to de- ate to ensure the consideration of that ties for others to receive their own velop our natural energy resources free-trade agreement was somehow claim to the American dream has al- while protecting the environment, connected to the freedom of this inno- ways been a mission for me. seeking to modernize our military cent woman, I was able to work with

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9148 CONGRESSIONAL RECORD — SENATE September 9, 2009 Secretary Rice, leading our State De- If there had to be city walls, the very important in my work, and I ap- partment at that time, as well as our walls had doors, and the doors were preciate them very much. President, to ensure that Cuc Foshee open to anyone with the will and the I have to say one of the most sin- was freed. heart to get here. gular honors I have had in my service I have never been more proud than I believe those words to be as true has been to work with the men and the day we were able to get a phone today as the day he said them. I do women who serve in our Armed Forces call that she was on her way to San hope, in the not too distant future, this and to get to know them—whether it is Francisco, and then have a wonderful Congress will address itself to that people in their leadership such as Gen- reunion with her and her family in Or- very important issue. eral Petraeus, who now is a Floridian lando, FL. It is something I will never Whether it is immigration, budgets in the Central Command in Tampa, or forget. or Supreme Court Justices, I will also some Floridians serving in the Na- We did also strive mightily in this miss the debates. I thank my fellow tional Guard, having lunch with them body to seek a solution to immigration Senators for their collegiality and in Kabul or Baghdad or other places reform, something I felt very strongly their friendship. I know these friend- and here in Washington or around the about. And being the only immigrant ships are going to be the hardest thing world. They are an amazing group of in this body, I believed I was to leave here—on both sides of the people. They have my respect and my dutybound to try to advance that aisle. I must say I have been very deep-felt gratitude for the work they cause. I am proud to say our efforts for touched by the warm and gracious do as they serve our Nation in foreign, immigration reform gave me the op- phone calls and other expressions I distant places—and their families who, portunity to work very closely with have received from my colleagues, as I with them, are part of serving as well. Senator Ted Kennedy, whom we are say, on both sides of the aisle. It makes While saying thank-yous, I also also honoring today, with nearly a half me feel good about my relationship would like to say a thank you to my century of service in the Senate. with all of you, and I hope it will be a wife Kitty, who has been a wonderful I can recall reminiscing with him one relationship that will continue. partner and friend in my life of public day near his desk. He came to the Sen- I wish to especially take a moment service, as she has been in all phases of ate in 1962. That was the same year I to thank Senator MCCONNELL, Senator my life. I promise you, if it were not came here from Cuba. It was also im- KYL, Senator ALEXANDER and the other for Kitty, I would not have done half of mediately after we had a very serious members of our leadership team for what I have done in life so I am eter- confrontation involving Cuba—the their kindness and willingness to work nally grateful to the good Lord for the Cuban missile crisis. I remember dis- with me and give me opportunities to blessing of having a wonderful life cussing with him how his family will participate in our great debates. I also companion. I wish to tell you all in George be tied to that period of time, to the wish to thank Senator REID and Sen- LeMieux you will have a very fine per- history of Cuba, and how deeply that ator DURBIN for their friendship and son. I hope you will give him the same had touched my life as well. In addition their willingness to work with me as warm welcome you gave to me and will to the many opportunities to reminisce well. be willing to work with him. I think he about things such as that with him, I I have had a very special and close will serve the people of Florida well. I hold dear the opportunity to have sat working relationship with my col- wish to extend a warm welcome to league from Florida, Senator BILL NEL- at a table and negotiated with him George LeMieux as he joins this won- SON. We have known each other for what I thought would have been a very derful body. long time, long before we came to the good immigration reform package—a I am humbled by the trust the people bill which I believed would be good for Senate. It has been a real privilege and in Florida placed in me. It has not been our country and good for many people pleasure to work with him. We worked easy to make a decision to move on, in our country. together well enough to give Florida an but it is a decision I have made and I We didn’t always agree. We didn’t al- excellent team here, and I am pleased do it with a heavy heart. ways have the same point of view. But to not only have had this fine working I also particularly wish to address we always found a way to get along and relationship with him but also that our myself to the Cuban-American commu- be very civil about our differences, and staffs have worked together well. I nity throughout our country but espe- I admired greatly his ability to put dif- thank his Chief of Staff, Pete Mitchell, cially in Florida, who have had such ferences aside and his desire to find and others in his office for the wonder- great pride in me, who have put so consensus. What was most telling ful way in which they worked with us. much of their faith and hopes in my about working with Senator Kennedy All of you have extended great kind- public life. I simply wish to say to is that he was committed to reaching ness to Kitty and to me. I hope we will them: me hicieron suyos y creyeron en an outcome. He wanted a solution, have an opportunity to see you in Flor- mi. Compartimos el orgullo en lo que which then meant—and this might be a ida, where we will continue to make somos y lo que hemos logrado. Su lesson for current issues today—that our home. I wish to especially recog- apoyo entusiasta ha tocado mi corazon, he could put aside the whole banana in nize some people in my staff who have y atesorare´ estas memorias para order to get what he could. made my office go. As all of you know, siempre, which means simply that I am I believe in working with him and we rely on these folks to make us look appreciative of the pride we share to- then some other colleagues who have good at times and always be dedicated gether and what we have accomplished. become such good and dear friends, to us. My State director has been Your enthusiastic support has touched such as Senator GRAHAM and Senator Kevin Doyle, who has done a magnifi- my heart and I will always carry that MCCAIN and many others; Senator KYL, cent job; senior director Kate Bush; my with me. who made an effort to get this legisla- communications director, Ken My time of service is only a fraction tion done—I must say I leave with a Lundberg; legislative director, Michael of the nearly two and a half centuries sense of regret that is not completed, Zehr; my executive assistant, Terry that have passed since our Founders but I do know that is an issue that will Couch, who has been bouncing with me charted our course as a free people, but have to be addressed at some point in from mayor to Secretary to Senator, the opportunity for someone such as the future. and I daresay may even continue to me to serve speaks volumes about the I would also quote from President hang around with me in some way; my promise they made and one our Nation Reagan on that issue. He talked about chief of staff and longtime friend Tom continues to keep, even to this day. the idea that America remains a bea- Weinberg, I thank him very especially. I wish to close with a quote from con of freedom to the world, when he He worked with me as county adminis- Jose Marti, a Cuban patriot, a hero of spoke about the ‘‘shining city on the trator and then came to join me here. mine and to all those who strive to fur- hill.’’ There are a few folks who were on my ther the cause of freedom. He said: In his farewell address to our Nation, staff initially but have now moved on: Liberty is the essence of life. Whatever is he touched on the idea that the con- my first chief of staff, John Little; done without it is imperfect. tributions of all individuals are what Kerry Feehery; and my former State With that, I think I have tried to make our Nation great. He said: director, Matthew Hunter, were also enjoy the fruits of this liberty that this

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I am humbled by ator MARTINEZ feels this personally. naive, but constantly we prove that this moment, and I am grateful to my This is something that he has been anything is possible, over and over colleagues for your friendship and sup- through himself and he knows so many again—often with the election of a port. others alike who are looking for that President from unusual circumstances, I yield the floor. chance to prove to America that they as we just had. But the story of MEL Mr. KYL. Mr. President, as Senator can make a contribution. MARTINEZ, his escape from Cuba’s com- MARTINEZ knows, the minority leader Senator MARTINEZ has been an out- munism, his coming from that, speak- of the Senate could not be here this spoken supporter of the DREAM Act, ing no English, to what he has already morning. I made some brief remarks which was an opportunity for younger accomplished, and now moving on to yesterday, but let me say, just kicking people to have their chance in Amer- yet another career, this one in private off some comments I know others of ica. I thank the Senator for that. I life, is an inspiration for our country. my colleagues want to make, that in know it was not easy because there are He has enriched this body. He says in addition to the other attributes that many critics, as the Senator you told his book: Senator MARTINEZ has brought to the me, who would come forward and tell My journey has taught me that it is not an Senate representing the people Florida, him what a bad idea it was. But the empty cliche that this country is a land his personality, his engaging wit, and Senator’s courage in standing for that where dreams can and do come true. his love of people, his spirit, his friend- is an indication of the kind of person His life shows that. We have enjoyed liness, and his genuineness, all have he is. his friendship. We appreciate his exam- Florida is going to lose a great Sen- been appreciated by all of us, I know, ple for the country, and we wish him ator in MEL MARTINEZ. America is very much. So it is even more difficult and Kitty well for the next chapter in going to lose an important voice in the for us to see him leave because, in addi- their lives. tion to being a good colleague and a Senate. But I don’t think we have The PRESIDING OFFICER. The Sen- great Senator, he has been a wonderful heard the last of MEL MARTINEZ. I ator from South Dakota. friend. think his contribution, whether as a Mr. THUNE. Mr. President, I join my I think all of us appreciate that qual- citizen or some other walk of life in colleagues in congratulating my friend ity of genuineness, which is not always public service, is in the future. from Florida for his service to our I am honored to count you as a friend the order of the day when it comes to country. He has served in so many dif- and colleague in the Senate. I wish you people in politics. With Kitty and MEL ferent ways as has already been noted. and your family the very best. MARTINEZ, it is. We appreciate and love But he is truly an example of the them very much and we will miss The PRESIDING OFFICER. The Sen- ator from Tennessee is recognized. American success story, someone who them. came here, established himself, and has The PRESIDING OFFICER. The Sen- Mr. ALEXANDER. Mr. President, I risen to the very highest, I guess you ator from Illinois is recognized. often think how the best stories in the would call it, echelons of this country f Senate are not the political stories. We can all recount them—Senator in terms of public service and his con- TRIBUTE TO SENATOR MEL INOUYE’s bravery in World War II, lead- tributions to the private economy in MARTINEZ ing to a Congressional Medal of Honor; this country. So it is with great regret Mr. DURBIN. Mr. President, I wish to the former majority leader, Bill Frist, that we say goodbye to him as a Sen- say a few words about my friendship performing open heart surgery on Gen- ator but continue to maintain the and my admiration for the retiring eral Petraeus when he was accidentally strong friendships we have built and Senator from the State of Florida. I shot in Fort Campbell; Ben Nighthorse developed during his service here. didn’t know Senator MARTINEZ before Campbell on the Olympic judo team; They say that someone is measured he came to the Senate. I think the first JIM BUNNING in the Hall of Fame; JIM not by the days in their life but by the time I had an insight into who he was INHOFE circling the world in an air- life in their days. While Senator MAR- and what he brought to the Senate was plane the way Wiley Post did; Ted Ste- TINEZ has maybe not served here as at a Prayer Breakfast, when Senator vens flying the first cargo plane into long as some other Senators—he and I MARTINEZ explained to a number of us Beijing in 1944 at the end of World War came into this Senate together back in how he happened to be an American. II; and then after the elections of 2004, 2005—he may not be measured by his He was one of the fortunate few who es- we had Ken Salazar from Colorado, days of life in the Senate, but he is cer- caped from Cuba under the tyranny of 15th-generation American, whose fam- tainly measured by the life of his days the Castro regime and was given a ily came to this country so early; we in the Senate because he has added vi- chance to come to Florida. He told me had Barack Obama with his incredible tally to the debate here. He is an in- and others how difficult it was, strug- story; and then we had MEL MARTINEZ credibly thoughtful Senator, someone gling with a language he didn’t know. in the same year. from whom I have to say I have learned He explained that one of the real sav- Despite the emotion of all those sto- a lot—not just in our personal friend- iors for him was the fact that he was a ries, the story of MEL MARTINEZ stands ship but professionally—because he good athlete so he was able to play out to me. As the Senator from Illinois brings so many insights and such a many sports, make many friends, and said, imagine growing up in Cuba—a thoughtful way in the way he looks at learn English in the process. He be- good life. Not a rich life, but a good issues—domestic issues, foreign policy came not only an integral part of that life—so well recounted in this book, ‘‘A issues. I have learned a lot about Cuba. community in Florida but an integral Sense Of Belonging,’’ that Senator I have learned a lot about Latin Amer- part of America’s political future. MARTINEZ wrote. Suddenly the Castro ica. In his story of growing up in Florida, regime comes, it is 1958, and one day I have learned a lot about the His- his family—his wife Kitty and his chil- your parents put you on an airplane panic community in this country. And dren—mean the world to him. When I and send you to Miami, not knowing those are insights and contributions heard he was retiring, I called from Il- whether they will ever see you again. that he has made that no one else linois to reach him and wish him the Then foster homes, then bringing your could make. It is very rare, indeed, to best. I asked, as everyone would: Why? parents over, going to Florida State, have someone of his experience and life He said: It is all about my family. meeting Kitty, becoming the first His- experience and his quality to serve in I wish to tell the Senator I salute panic lawyer, I guess, in Orange Coun- the Senate and be able to rub shoulders him for that. It takes an extraordinary ty, and then the mayor and then a Cab- and learn every single day from those amount of courage for a person to give inet member, then Senator, then Re- experiences. up the adulation and the heady atmos- publican National Committee chair- I congratulate Senator MARTINEZ and phere of the Senate, to remember what man—what a terrific story, so well told his family. As he said, like myself and is most important in their lives. in this book. many others of us, MEL married over

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And this is I have been trying to hunt pheasants. where we were based on what happened not an opportunity for me to get some- He has made trips up there, but it is al- the night before. Usually we had lost thing, this is an opportunity for me to ways a little bit later in the season ground, but we kept plugging. But a lot celebrate another beautiful soul who is when that time of the year comes of stories were told about what was standing right there and staring at me around, and the climate tends to going on in MEL’s life. and talking to me, and I have this change in South Dakota. But I hope There is a lot of hatred out there, unique opportunity to engage them. that now that he has a little bit more quite frankly. There are a lot of people How much better we all are when we time to enjoy those types of things, we who should be upset about the immi- look at people as people and not as will get that chance. gration system not working and bro- problems or as opportunities or as ob- I want to express my great apprecia- ken borders and legitimately con- stacles to get through. That is where I tion to the Senator from Florida for an cerned about the solution we were of- find what he embodies does in this way extraordinary run here in the Senate. fering. But there were some people who he works. I am going to miss you, MEL. He truly is the kind of person where were, quite frankly, hateful. I think We are going to miss you an awful lot. what you see is what you get. That is MEL took the brunt of that more than We appreciate you. I appreciate the les- rare in politics today—genuine, anyone else. It did not get a lot of pub- sons you have taught me by the way thoughtful, sincere, kind, generous, the licity, and probably it should not. But you live and by the way you serve. God kind of person who serves whom I want I know what he and Kitty went bless you. to see more of in public life. through to try to fix a broken immi- The PRESIDING OFFICER. The Sen- It has been a pleasure and an honor gration system. I will be forever grate- ator from Florida. to have had the opportunity to serve ful for their effort, because it was per- Mr. NELSON of Florida. Mr. Presi- dent, I speak with a good degree of re- with him in the Senate and to call him sonally very difficult. gret, because he knows the heartfelt a colleague. But it is even a greater When MEL left a repressive place, he privilege and honor and opportunity to came to a hopeful country, and during sentiments I am going to express, be- have been able to call him my friend. that debate he never lost sight of what cause I have tried for now the better part of 3 months to talk him out of this So, MEL, best wishes. Whatever you America is all about. America will do, you are going to do well. We are never be defined by the people who particular day. I did not want him to proud of you. And thank you for your hate. America will always be defined resign. It has been good for Florida the way great contributions to our country. by people who love and care. I have the two of us have worked together God bless you. never met two people who love and The PRESIDING OFFICER. The Sen- professionally, because it is built on a care more than Kitty and MEL. You personal friendship that goes back over ator from South Carolina is recognized. will be missed. 30 years. There was not a day we were Mr. GRAHAM. This is the time in a The PRESIDING OFFICER. The Sen- in session here that MEL and I did not person’s career you are supposed to lay ator from Kansas is recognized. it on thick. But there is no need to do Mr. BROWNBACK. Mr. President, I talk. Of course, this floor of the Senate is that in MEL’s case. I think everybody too join my colleagues in recognizing the place that you can get away from here speaking on both sides of the aisle MEL MARTINEZ and his great contribu- the other distractions, and, in fact, can is trying to say thank you for your tion to this body and his friendship. I come together and have those con- friendship, and there are a million think most of those things have been versations you want. And that was so ways to say it. To Kitty, again, thank said. important in us looking out for the in- One of the things I learned from a you for being part of our lives here. We terests of Florida. are going to continue this relationship. leader in the Senator’s State was a So it is with a great deal of regret I think all of us have got stories saying that he gave to me that: We get that this day has come. I think it is about MEL. I first heard about MEL by into trouble when we look at people as important that the two Senators from reputation. He was a Republican trial problems and not as people. I have a State get along, and that is particu- lawyer. That intrigued me. There are thought about that for a long time, be- larly true of two Senators who happen not many of us. We can meet in a cause you can go back in our history, to be from different parties. phone booth. I got to know MEL during and generally when we have looked at It is my hope that the kind of rela- his campaign and did some events for people as problems and not people, that tionship that we had both privately him. I think that experience of rep- is when we have gotten into trouble. and publicly as the two Senators from resenting people in court made him a When you look at various situations we Florida sends a message to our people good Senator because he understands have had, and even the immigration de- that you can transcend partisan dif- that there are two sides of every story, bate would be one: Well, this is a prob- ferences in order to get things done. I and sometimes a person needs the best lem. No, this is a person. Or you can believe that is the relationship we have advocate they can get, even though look at our debate on abortion in this had now going on in the Senate for a their cause may not be so popular at country and say: Well, we have got a little over 41⁄2 years. I only wish that the moment. problem here. No, we have a person relationship were going to continue for But I got to know MEL during the im- here. another year and a half, to the remain- migration debate. That is a hell of a The consistency of what I have seen der of Senator MARTINEZ’s term. But way to meet someone. You will learn in MEL’s policy position has been very for personal reasons he has made this quickly when you are talking about much, no, this is a person. It is not just decision. politics at that level, that emotional, a person, this is a great person, and not It is incumbent upon me as the sen- and MEL was going to be part of that just a great person, this is an unusual ior Senator of Florida and the newly debate whether he wanted to or not be- individual. He celebrates that with ev- appointed Senator to have the same cause of who he was. You could not eryone. That is a beautiful thing to do kind of relationship for the good of our talk about immigration and not think and it is a beautiful thing to have, and country, for the good of our State, to about MEL MARTINEZ. He was the first it is a beautiful thing to see, because transcend political differences, to have one to show up and he was the last one then that carries over into his friend- a good personal relationship so we can to leave, and we will get that bill ships, so whenever he is talking with get work done in a bipartisan way. I in- passed one day. It will be a tribute to someone else, it may be a colleague or tend to do that. I assume that the new MEL and Senator Kennedy that the another individual, normally you are Senator will do likewise. Let me say guts of the bill will be the solution sitting there and you are going: Okay, that a lot of you do not know, with re- that will be embraced down the road. I need to get something done through gard to Senator MARTINEZ, that 30—

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He did not know the English lan- going to serve your family. was one of those high profile, very re- guage when he came here, but he com- So, MEL, thanks for everything you spected attorneys in Central Florida. mitted to learn it, and he did learn it. have done. Thanks for your friendship. And lo and behold, MEL and his wife Secondly, he was a very affable person God be with you and Godspeed. Kitty, as I campaigned for that con- back then, just as he is now. He made The PRESIDING OFFICER. The Sen- gressional seat in 1978, went out and friends very easily, and that helped ator from Tennessee. went door to door for me. We have kept him make that transition. Thirdly, he Mr. CORKER. Mr. President, I think up that relationship over the years. was a good athlete, maybe even a great you know I spend very little time talk- So it has been my privilege to have athlete. In fact, if he could have hit the ing on the Senate floor, and I plan to had that personal relationship turn curve ball he might be representing the keep it that way. But I do want to into the professional relationship as Florida Marlins today instead of the spend a moment paying tribute to my colleagues in the Senate. State of Florida. But it is a great way great friend, MEL MARTINEZ. I have had I say to MEL MARTINEZ and to Kitty, to look at the history of America when the privilege of sitting beside him on God speed. we look at the history of MEL MAR- the Banking Committee. We commis- The PRESIDING OFFICER. The Sen- TINEZ and his transition all the way erate about many things that happen ator from Georgia. from rural Cuba to the Senate. in this body. Mr. CHAMBLISS. Mr. President, this But I guess the most important thing I love working with MEL MARTINEZ, is one of those times that none of us in I could say about him is what has al- and I am going to miss him. I consider the Senate looks particularly forward ready been alluded to by the assistant MEL to be the epitome of decency in to—when we have to come and speak majority leader; that is, MEL came to this body. I think he is a person who about a dear friend who is leaving the the Senate for all the right reasons. He truly wants to do what is best for this Senate. But I am excited for MEL and came into public service for all the country. I have seen him many times Kitty in a number of ways and very ap- right reasons. He is leaving for all the tormented over decisions we all make, preciative of the great relationship, right reasons. I know because of the which are very difficult to decide from No. 1, that we have made from a per- many conversations he and I have had time to time: What is best for our sonal and collegial standpoint. about our families what a dedicated country over the long term? I value I am very appreciative of the great husband he is, what a dedicated father that in him so much. work MEL MARTINEZ has provided to he is. He has seen his two older chil- I think this body will be diminished our country over the last several years. dren, Lauren and Jack, come up and with him leaving. Having people like Our friend LAMAR ALEXANDER, who become very successful in their own MEL, who, again, have such a sense of spoke a little bit earlier, often talks right. Now he has Andrew. Andrew is a decency—which is, as Senator and has got me talking back home, 15-year-old young man who is growing CHAMBLISS mentioned, one of the rea- particularly to young people, about up in Orlando and is doing the things sons he will be departing soon—will be what it means to be an American. all young men do. Unfortunately, his a loss for this body. MEL MARTINEZ has a greater appre- dad is gone during the week and is I have not met anybody here who I ciation about what it means to be an home during the weekends, and that is think is a finer individual, nor anybody American than anyone in this body be- the time when young men like to be who I will miss more than Senator MEL cause of the fact that he is the only im- with their friends. MEL is missing a lot MARTINEZ. So I am happy for Kitty. I migrant who is a Member of the Sen- of that. That is the reason he is going am happy for his family. I am sorry for ate. I know how hard he worked to be- back home, and that is the reason all us. But I am glad I have served in the come a citizen, and that he has a great of us can stand here and say: Wow, I Senate with somebody I consider to be appreciation for what it means to be an wish I had the courage to do that. such an outstanding person as MEL. American. I had a very similar experience dur- So, MEL, thank you. Thank you for What a great story it is, MEL, of you ing my days in the House. When I ran the many confidential conversations dodging bullets in Cuba, escaping com- for the House in 1994, my son was a sen- we have had through the years, the munism and ultimately coming to the ior in high school. He played football frankness with which we have been United States, being separated from on what ultimately became the State able to talk about so many things. your parents, being somewhat lost in a championship football team. There was Each of us brings something to this strange land you knew something no question from my campaign staff as body that is unique. I think that is why about but did not know any people. to where I was going to be on Friday it functions the way it does. I think As a 16-year-old young man, thrust night. I was there to see my son. MEL your insights into our relationships into that situation, most of us would is missing the experience of seeing An- with the countries of Latin America, to panic to some extent. MEL never did. drew play on Thursday nights because many of the things that were hap- And through the raising in orphanages he is here doing what he was elected to pening there from the inside because of and foster homes, and ultimately being do; that is, serve the people of Florida. so many of the relationships you have reunited with his parents after his He is going to now have the oppor- has helped all of us make decisions brother Ralph came over here, and tunity to experience with Andrew the that are more sound. being reunited with him before he was same sorts of things he did with So that peace will go with you as you reunited with his parents, it is such a Lauren and Jack. For that, we can say leave. Surely somebody else over time great personal story, and such a touch- great things about his service to our will help fill in that vacuum, but I ing story, No. 1. country, his service as mayor of Or- value the many things you have shared But all of that served to develop a lando or as Secretary of HUD, or his with me that have helped me to think foundation in MEL MARTINEZ that service in the Senate. But his service in a more thoughtful manner, and I America has been the beneficiary of, to his family is ultimately what is im- look forward to talking to you in the and certainly those of us in this body portant, and, wow, what a public serv- years ahead about what is happening in who have come to know MEL and Kitty ant he is to his family. your life. I thank you for what you are the beneficiaries of. I guess the So to him and his wife Kitty we say have done in mine. ironic thing is when you read MEL’s we thank you for the great service you I thank the Chair. book, ‘‘A Sense of Belonging’’—which I have provided. We thank you for the Mr. HATCH. Mr. President, I rise would commend to everybody who is great friendships you have provided to today to give tribute to my colleague listening out there today; what a great all of us as Members of this body. and friend, Senator MEL MARTINEZ. book; it is a short read, but you will Whatever road you ultimately travel During his time in the Senate, MEL has

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9152 CONGRESSIONAL RECORD — SENATE September 9, 2009 served the State of Florida and our fueled by an abundant, cheap, and that calls him back home to Florida. country well. clean source of energy. But those of us who had the pleasure of Overcoming great odds, MEL and his MEL has worked with us on health working with him in Washington are life’s journey is an inspiration to all. care reform. This is not a Republican sorry to see him go. At age 15, he fled his native Cuba as or Democrat issue—it is an American In the Senate, MEL made his mark as part of a Catholic humanitarian effort. issue which needs to be addressed in a a leading voice for greater democratic Alone, and speaking virtually no bipartisan and fiscally responsible freedoms in Cuba. He has fought to English, MEL was placed in temporary manner. strengthen Social Security and to youth facilities. Later, he lived with Our colleague has worked to defeat eliminate fraud in Medicare and Med- two foster families, for whom he has card check because it reduces employ- icaid. great appreciation and affection. In ees’ right to a free and private election He has given hope to millions of fam- 1966, he was happily reunited with his to choose if they want to unionize. ilies by working to increase funding for own family members in Florida. MEL has sought workable reforms to research to cure Alzheimer’s. And he These experiences strengthened MEL our system of immigration. He spoke has stood for America’s defense in a and shaped his views. He went on to out against the negative rhetoric that dangerous world, and for the troops earn graduate and law degrees from divided and polarized. He will be that so bravely take up the fight to de- Florida State University and practice missed in this body as the immigration fend us. law for 25 years before serving as Sec- debate moves forward. For 3 years as the Secretary of Hous- retary of Housing and Urban Develop- I know my friend is looking forward ing and Urban Development, Senator ment and then joining us here in the to writing the new chapter in the book MARTINEZ worked to increase home United States Senate. of his life. I thank him for his service ownership. After the terrorist attacks During his tenure, I appreciated to our country and wish him well. of 9/11, his agency was charged with di- MEL’s leadership, particularly working Mr. MCCONNELL. Mr. President, we recting funds to rebuild lower Manhat- on the U.S. Senate Republican Con- have had a chance today to recognize tan. He fulfilled his duties even as he, ference Task Force on Hispanic Af- our colleague, Senator MEL MARTINEZ, along with all of us, reeled at the fairs—a task force I formed in 1987. I who, sadly for most of us, is leaving senseless deaths of 3,000 innocents. have long felt that we should not try to the Senate. Today will be his last day. And as the cochair of the President’s put this vital and growing segment of He had an opportunity to address the Commission for the Assistance to a our population in a box because they Senate this morning and give some Free Cuba, he played a leading role in care about the same things we all do— final thoughts. I would like to take a the administration’s efforts to bring having a safe nation, strong families, a few moments to give my final thoughts freedom to the land of his birth. good education for all our children, and about Senator MARTINEZ. I expect to While in Washington, MEL forged good jobs that provide well. At the see him many times in the future as a many friendships as well. I first got to same time, I recognized that Hispanics private citizen, but my thoughts about know MEL during his days as a Cabinet and Latinos bring unique and impor- him and his contribution here and his secretary. Elaine and I certainly en- tant perspectives to the issues we face life story. joyed the company of MEL and Kitty. in Congress. Obviously, all of us have a story to My wife Elaine and MEL had one MEL worked to advance the mission tell, the story of a journey to this thing in common. I used to pose the of the task force to promote greater place. But in the case of Senator MAR- following quiz to people: Who were the participation in the democratic proc- TINEZ, the journey certainly has more only Cabinet Secretaries who never ess, to create more job opportunities, twists and turns than most. missed a State of the Union? As every- ensure better access to health care, and MEL MARTINEZ first came to this one knows, it is typically somebody in educate our children. country when he was 15. A political the line of succession who misses the While there is much talk on both exile, he spoke no English, and did not Cabinet meeting because the entire sides of the aisle of strategy and out- know when—or if—he would ever see government is up here on one night. reach to try to ‘‘woo’’ Hispanics and his family again. His journey from that MEL and Elaine never missed a Cabinet Latinos, we should actively listen to point to now is proof of the boundless meeting because they were the only their concerns and encourage their par- promise that exists in America. two members of the Cabinet who were ticipation. That is true of all segments More than 50 years ago in a small not born in the United States and of our population. That is what I have town in Cuba, an 11-year-old MEL MAR- therefore were not eligible to assume tried to do and that is what MEL has TINEZ comforted his little brother as the Presidency if an emergency re- done, too. I understand we have MEL’s they lay on the bedroom floor while quired that. firm commitment to continue this im- gunfire erupted in the streets. It was We came to understand MEL’s con- portant work. Fidel Castro’s takeover, and life nection to his adopted hometown of Or- Our colleague from Florida has taken changed very quickly for the Martinez lando, where for 25 years he worked as strong positions on a number of issues family and every Cuban. a successful lawyer. We learned how his that have come before this body. MEL When MEL’s parents overheard Cuban election as chairman of Orange Coun- has supported prodemocracy move- militiamen threatening to kill their ty—a job analogous to a mayor, and in ments in Cuba while urging that its son for wearing a religious symbol, one of Florida’s largest counties— dictatorship of abuse and misery is not they had had enough. Through a hu- started a second career in public serv- legitimized by our government. manitarian effort sponsored by the ice to the country that had given him As a member of the Armed Services Catholic Church, MEL was sent to so much. Committee, MEL has been a strong sup- America to find a better life. Now MEL will return to Florida, and porter of our war on terror, especially Eagerly embracing his adopted home- I don’t know what his future may hold. as our brave troops combat terrorism town of Orlando, Florida, soon MEL But I do know that he’ll accomplish overseas for the safety of our Nation. came to feel part of America. He mas- anything he sets his mind to. The in- MEL has supported a reasonable and tered English and earned both his bach- credible journey he has taken, ever rational approach to ensuring our Na- elor’s and law degrees from Florida since he flew on a DC–6 from Havana to tion’s energy security. He has helped to State University. Miami, is proof of that. MEL’s life highlight our Nation’s lack of action to And four long years after leaving shows us that in America, any dream is increase our production of nuclear en- Cuba, he was reunited with his parents possible. ergy—our Nation’s largest sources of in Florida after they too escaped Cas- MEL, it has been an honor serving green, clean electricity. He recognizes tro’s regime—and they were so proud with you, and it has been a pleasure for that our domestic electricity supply to see the brave young man their boy Elaine and I to get to know you and must be based upon a major source of had become. Kitty through the years. Whenever you green baseload power, and that nuclear Because of this long separation from may return to Washington next, please power holds the most potential to en- his parents, I can understand now when remember you will always have plenty sure that the American economy is MEL says it is the tug of family ties of friends in the U.S. Senate.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9153 Ms. COLLINS. Mr. President, I rise hard work, a love of God and country Reid (for Dorgan/Rockefeller) amendment today to bid farewell and to express my and true dedication to a higher cause. No. 1347, of a perfecting nature. Reid amendment No. 1348 (to amendment gratitude to Senator MEL MARTINEZ as MEL came to the U.S. in the 1960s as a No. 1347), to change the enactment date. he retires from service in the U.S. Sen- young Cuban immigrant and became Reid amendment No. 1349 (to the language ate. During his time here, he estab- the first Cuban-American to serve in a proposed to be stricken by amendment No. lished an admirable reputation for hard Presidential Cabinet, as Secretary of 1347), to change the enactment date. work, dedication to his State and our Housing and Urban Development, and Reid amendment No. 1350 (to amendment Nation, and a commitment to prin- then the first Cuban-American U.S. No. 1349), of a perfecting nature. ciples. Senator. The PRESIDING OFFICER (Mr. I have had the privilege of working As a freshman Senator, MEL didn’t CASEY). The Senator from North Da- with Senator MARTINEZ as a member of shy away from the tough issues—he did kota. the Armed Services Committee and its not sit back and let others tackle the Mr. DORGAN. Mr. President, this Seapower Subcommittee. In addition, tough, controversial tasks—he dove in legislation is now in the 30 hours we worked together on the Special head first. Personally, the most memo- postcloture period. We had a cloture Committee on Aging, where he has rable example of MEL’s courageous vote late yesterday afternoon, and I be- served as ranking member. work is his support of comprehensive lieve the 30 hours postcloture will ex- Working with Senator MARTINEZ has immigration reform. pire sometime later this afternoon, at 4 always been rewarding. This has been The 2006 and 2007 immigration de- o’clock or 4:30 or so. especially true on the Armed Services bates were difficult times in the U.S. Let me again explain what we are trying to do in this legislation. This is Committee, where he brings to bear on Senate. We had both political parties reasonably simple. In all of the par- defense issues both detailed knowledge and an American public divided on an tisan dust that is created in this coun- and long-range vision. On the Seapower issue that I still believe will define the try, I think this is one of the few pieces Subcommittee, he has been a strong future of our country for generations of legislation that has broad bipartisan ally in keeping our Navy pre-eminent to come. For many, it would have been support. We have, I believe, 53 cospon- and has been a highly effective advo- tempting to sit on the sidelines, take sors for this bill—Republicans and cate for continuing the DDG–1000 pro- the safe votes, keep your head down Democrats—and the proposition is very gram, the next generation of destroy- and just wait for this one to pass, but ers. simple. not MEL MARTINEZ. He took his strong First of all, we have lost a lot of jobs Senator MARTINEZ’s work on the Spe- personal convictions and put them in in this country. We are in the deepest cial Committee on Aging continued his to action. We spent many hours to- long record of shaping policies impor- recession since the Great Depression, gether, working in a bipartisan fashion and a whole lot of folks have lost their tant to seniors in Florida and through- to try to reach an agreement that jobs. This is a bill to try to create more out America. From local government could be acceptable to both sides of the jobs. But it is a bill that especially ad- to his service as Secretary of Housing aisle and ensure the security of our Na- dresses a problem that has been cre- and Urban Development and in the tion. Every day, MEL MARTINEZ was in ated in the last 8 or 9 years. Senate, he has been a strong voice for the trenches, on the floor, working to Since the year 2000, here are a couple ensuring that all Americans live improve the bill, working to reach a bi- numbers. Since the year 2000, there are longer, healthier, and more productive partisan compromise and working for a 56 million more people living on this lives. better future for our country and our planet who are taking international But the greatest legacy MEL MAR- children. trips. Let me say that again. This is a TINEZ leaves the Senate is his inspiring I also had the pleasure of traveling big planet with billions of people living life story. Born in Cuba, he arrived in with MEL to the Republic of Georgia on it. By the way, half of them have America at age 15. He earned his under- where he met with Georgian leaders never made a phone call. Half live on graduate and law degrees from Florida and spoke openly about the importance less than $2 a day. But on this big plan- State University, and went on to prac- of United States support for freedom in et there are people who travel inter- tice law for 25 years. He demonstrates all countries, both those distant and nationally, and there are 56 million the highest qualities of our nation of close to our shores. MEL spoke with more international travelers right now immigrants, of the opportunities conviction due to his early childhood than there were 9 years ago. But there America provides, and of the character spent in a country controlled by a re- are 633,000 fewer international trav- and determination of those who come pressive dictator. elers visiting the United States than to our shores. His desire to continue to Many in this Chamber will fondly re- visited our country 9 years ago. work for expanded freedoms to the peo- call MEL’s leadership in the Senate and Why is that the case? And why is it ple of Cuba exemplifies his character his work for the State of Florida. I will important? Well, it is important for a and principles. I join my colleagues in remember my friend, his courageous number of reasons. It is important be- wishing him and his family well, and in leadership on the tough issues and his cause international travelers—I am looking forward to many more con- willingness to put the future of our Na- talking about overseas travelers—on tributions to the public good from this tion before his own self interest. average spend about $4,500 per person man of many gifts and accomplish- f per trip. Their travel supports a lot of ments. jobs in the tourism industry. It sup- Mr. MCCAIN. Mr. President, today I CONCLUSION OF MORNING ports jobs in every State in our coun- rise to recognize and thank my col- BUSINESS try. So it is important for that rea- league and friend from Florida, MEL The PRESIDING OFFICER. Morning son—it creates jobs. MARTINEZ, for his service to this coun- business is closed. But it is important for another rea- try and to wish him luck in the years f son as well. When people come here to come. I am proud and humbled to from other parts of the world and see have had the chance to work with MEL TRAVEL PROMOTION ACT OF 2009 America and experience the culture over the last few years on some of the The PRESIDING OFFICER. Under and the character of our country, they most difficult and trying issues of our the previous order, the Senate will re- leave, almost inevitably, with a very time and I will miss his honesty, heart sume consideration of S. 1023, which positive impression of this country of and dedication when he leaves the Sen- the clerk will report. ours. ate this week. The assistant legislative clerk read So for two reasons this is important. While many of my Senate colleagues as follows: We have fewer international visitors— are familiar with MEL’s inspiring per- A bill (S. 1023) to establish a nonprofit cor- 633,000 fewer—per year than we had 9 sonal story I feel that it is important poration to communicate United States years ago, even at a time when 56 mil- for the American people to know that entry policies and otherwise promote leisure, lion more people are traveling around MEL MARTINEZ’s life has personified business, and scholarly travel to the United the globe for overseas visits. the American dream and teaches us States. I described yesterday what other what we can all accomplish through Pending: countries are doing. Other countries

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9154 CONGRESSIONAL RECORD — SENATE September 9, 2009 are saying: We understand that inter- dure. On something as noncontrover- wrong approach to attracting visitors national travel and tourism creates sial as this, as widely supported by Re- from abroad. The bill would create yet jobs. So other countries are reaching publicans and Democrats, something another government-affiliated office of out with promotions. Japan, Italy, that actually reduces the Federal budg- tourism. Why do we need that? The De- France, India, England—you name it— et deficit and extends our ability to partment of Commerce already has a they all have aggressive promotions create jobs in this country, we got 80 tourism office and private sector busi- around the world, to say: Come to our Senators to vote for cloture, which nesses and other entities already have country. Come see the Eiffel Tower. meant we had to file a cloture motion. the demonstrated capability to pro- See the wonders of France. See the That meant 2 days intervened because mote tourism. According to the compa- beauty of Ireland. Come to India and it takes 2 days to have a cloture mo- nies and lobbyists who are pushing this experience the interesting culture of tion ripen. Then we got cloture with 80 bill, they already are. So why spend al- India. All of these countries are doing votes. Now we stand at parade rest most $100 million a year for a new and very aggressive international pro- until sometime around 4:30 this after- unnecessary Federal entity to market motion for the international traveler, noon because 30 hours—if the minority and research travel and tourism? Re- to say: Come to our country. insists—30 hours has to expire. At the search tourism? What is there to re- Something happened in the year 2001. end of 30 hours postcloture, then we search? I wonder if this is one of the Obviously, on 9/11 we had a terrorist at- will, presumably, have a vote on the reasons why the American people have tack—a devastating terrorist attack. legislation. a lot of questions about the capability As a result of that, our country tight- I am pleased to work with my col- of their representatives here in Wash- ened up on visas. We made it more dif- leagues, Republicans and Democrats. ington to do the right thing. ficult to come to our country. At the This legislation is the right thing to do The bill would impose a new $10 fee same time as we tightened up on visas, right now. At a time when this is an in- on foreign visitors. Now there is a way those who did want to come often had creasingly smaller planet, an increas- to attract more visitors: Charge them to wait for long periods of time, and ingly smaller world in which we live, I for coming here. Maybe we need that they waited in long lines in order to think it is important for our country research after all. Of course, imposing a new user fee or tax on nearly every get a visa. Then with respect to the to reach out to the rest of the world. foreign visitor is hardly a route to pro- Iraq war and other policies, people be- Doing so is in our self-interest because moting new tourism. Obviously, we came upset with our country. So the it creates jobs and expands our econ- omy. But it is also in our self-interest should avoid creating impediments to result has been a substantial decrease because what we have created in this tourism if your first goal is to attract in international travelers coming to country is quite extraordinary. more tourists. The tax actually could our country. This is not a circumstance where we The purpose of this legislation is hinder visits by families. For those would promote travel to America for very simple. It is called the Travel Pro- families who do visit, every dollar they one destination. It is travel to America have to spend paying the Federal Gov- motion Act of 2009, but it establishes a to see all of this great country in its ernment is one less dollar they can public sector/private sector partnership grandeur. There is so much to see and spend on American businesses, on our to begin promoting international trav- experience here, and we know from local communities, on the restaurants el again to the United States of Amer- polls that have been done with inter- and shops and hotels and cab rides, and ica. This is one of the few pieces of legis- national travelers that when people so on. The $10 fee may not sound like lation that actually saves the govern- come to this country and travel here much, but for a family of five, that is ment money. The Congressional Budg- and experience what exists in our coun- fifty bucks to promote tourism. We all agree that tourism boosts our et Office scores it as a $425 million in try and understand the character and economy in numerous ways and is vital reduction in the Federal budget deficit the culture of our country, they leave to our economic recovery. Nobody has over the coming 10 years. So this is not with an unbelievably positive attitude about the United States. That is an aw- to lecture me about tourism. My State something that expands the deficit. of Arizona relies a great deal on tour- This reduces the Federal budget def- fully good thing, it seems to me. So, again, this is a bipartisan bill ism for our economy, and it is a won- icit—that’s No. 1. No. 2, it is bipar- that will save the Federal Government derful destination place for folks to tisan. A fairly large number of Demo- money; reduce the Federal budget def- visit. I don’t think we need—the Fed- crats and Republicans have joined to- icit; combine the best ideas of Repub- eral Government—to take another bite gether to say: We want to do this. The licans and Democrats; and had 80 votes out of our tourism dollars. vote on the cloture motion yesterday for cloture. I hope we have at least I am also concerned about the inevi- was 80–19. No. 3, organizations such as that on final passage. And perhaps we table retaliatory effect of this legisla- the U.S. Chamber of Commerce and will start off this work period of Sep- tion. Senator DEMINT wrote an op-ed in others have weighed in saying this is tember and October on a pretty posi- the Washington Post on Monday and very important for us to do. Other tive note, stepping forward together to pointed out that the European Union countries are engaged in this kind of say, Let’s do something that strength- and other governments have said that promotion for their countries and we ens our country. if we impose a tax on foreign visitors, need to do it for ours. Mr. President, I yield the floor. they will follow suit and impose a re- So I, along with my colleagues, have The PRESIDING OFFICER. The Sen- ciprocal tax on American visitors to authored this legislation. In the pre- ator from Arizona. their countries. That is not a very good vious Congress, as chairman of the sub- Mr. KYL. Mr. President, the United idea either, is it? Do we want to pass committee that deals with these tour- States is a very popular tourist des- legislation that will lead to new travel ism issues, I authored the legislation. tination. According to the Department fees on Americans? My colleagues, Senator ENSIGN, Sen- of Commerce, foreign travel here Instead of creating an additional gov- ator KLOBUCHAR, Senator REID, and reached record highs in the year 2008— ernment tourism office, I think we many others, Republicans and Demo- an increase of 16 percent over the pre- should work to fund the actual Federal crats, have joined in the legislation vious record set in 2007. So our tourism responsibilities we have that relate to that would create an opportunity for industry is booming. People from all visitors coming to our country such as this country to compete internation- over the world want to visit our cities upgrading or adding infrastructure at ally for international tourism and and see our sights. Almost every State our ports and making visa service im- travel. and community has tourism promotion provements. There are always improve- Mr. President, we will, I think, for programs that are very robust which ments we can make in this regard. The the next 5 or 6 hours, stand at parade help to accommodate that desire for easier we can make it for tourists to rest listening to people talk about foreign travelers to come here. So I am come here, the more likely they will what they want to talk about on the a bit baffled by the legislation that is come. floor of the Senate, and it is a proce- pending before us. So if we want to spend $100 million, dure that is a bit Byzantine. Most peo- The Tourism Protection Act, in my for example, to make it more attrac- ple would not understand the proce- view, is both unnecessary and the tive for tourists to enter the United

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9155 States, there are plenty of ways to do when overseas travel is booming all merce Department. So it is not the it that relate directly to our respon- around the rest of the world and we case that tourism is at a record high, sibilities. We don’t have to create an- have over a half a million people a year that we are setting all of these records; other redundant office of tourism and fewer coming to this country. Do we and it is the case, in my judgment, charge the tourists to fund it. disagree on that? based on empirical data and research, At a time when much of the world is Mr. KYL. Mr. President, I say to my that we have far fewer overseas visitors experiencing economic hardship, we colleague two things. First, the statis- coming to this country now than we should support policies that make tics I quoted were for the last 2 years, did 9 years ago. tourism in the United States more at- 2007 and 2008. I don’t have the statistics I am telling my colleague something tractive, not more costly. That is why for I believe he said 10 years ago. that relates, in my judgment, to sub- I believe this legislation is misguided, Mr. DORGAN. I am also talking stantial lost opportunity for a number unnecessary and, in the end, harmful. about a different classification. I am of reasons: jobs we should have that we The PRESIDING OFFICER. The Sen- talking about overseas travel. The sta- don’t have; and second, an awfully good ator from North Dakota. tistics my colleague quoted I believe impression about this great country of Mr. DORGAN. Mr. President, perhaps are statistics that include Mexican and ours by people who come here and visit while my colleague is on the floor, I Canadian travel to the United States. it. think it would be useful to at least dis- Obviously those are contiguous coun- I think my colleague will agree with cuss a couple of things that are appar- tries. We have a lot of people moving in me that post 9/11, there were a lot of ently in disagreement. and out. But I am talking about over- things done that suggested to people The issue of a $10 fee that could be seas travel. The official numbers on around the world that it is going to used in a public and private sector overseas travel I believe are that we take you a while to get to the United partnership, again, supported by the have 633,000 fewer people coming to States because you are not very wel- Chamber of Commerce and all of the this country from overseas for tourism come there. It is going to take a long organizations that want to support this than existed 9 years ago. Do you sub- time to get a visa. You are going to country as a destination for inter- scribe to that? wait a long time. national tourism—let me put on the Mr. KYL. Mr. President, I say to my By the way, I have something I want- board a chart that shows the fees our colleague I was not specifically refer- ed to show my colleague. This is all U.S. travelers currently pay to visit ring to Canada and Mexico. I didn’t 2008 material, by the way, but there the visa waiver countries. They charge even mention those two countries by were headlines such as these: The Syd- us fees. We are talking about a $10 fee name. I would be happy to get the ney Morning Herald, Sydney, Aus- to people from these countries—$10. source of the statistical information I tralia: ‘‘Coming to America Isn’t Here is what we are charged if we go to presented, provide that to my col- Easy.’’ The Guardian, United Kingdom: France: a $51 fee, Americans going to league so we can make a comparison. ‘‘America: More Hassle Than It’s France. We don’t propose that here. We The other point I would make with Worth?’’ The Sunday Times in London: can see that in Spain, $14; the Czech regard to fees, I am not doing anything ‘‘Travel to America? No Thanks.’’ Republic, $27. They are going to retali- except reporting the news, which is There is something missing here that ate? They already charge the American that countries abroad say if we propose we ought to be concerned about be- traveler a fee when we come and go, this fee, they will reciprocate. The fact cause my friend from Arizona rep- and we are talking about a $10 fee that that some of them already impose a fee resents a State that has a lot of tour- would allow our country to promote may mean they are going to increase ism and a lot of jobs related to tour- our country as a destination just as their fee, and that is obviously not a ism. Virtually every State in this their countries are doing. We are not good thing. It seems to me any fee that country will benefit from being able to even in the competition. any of the countries imposes gets us promote America’s grandeur and op- The thing I wanted to ask my col- into a little bit of a bidding war. Are portunity for people to come here and league about is, he talked about inter- we going to try to attract tourism travel here, and we are not even in the national tourism. I wonder if we dis- from other countries by raising fees on game. agree on this: There is a very big dif- the tourists who come here? I don’t Mr. KYL. Mr. President, if I could in- ference between the classification of think that is a very good policy. If terrupt my colleague for 1 moment to international tourists and overseas those countries want to have a fee, I make a quick point and then I will travelers, travelers from foreign coun- don’t think it is very smart for them to have to leave the floor. I think the tries abroad. International tourists in- have it, but I can’t affect that, except headlines my colleague reads are an clude Mexico and Canada—and by the by trying to ensure that they don’t important part of this debate. That is way, the research that the Senator have a reason to reciprocate against why I made the point that if we are seems to diminish tells us a lot about the United States if we impose a fee. going to concentrate on trying to at- this information. On average, a visitor Mr. DORGAN. Mr. President, I would tract more people to our shores, there from Mexico and Canada to the United simply say, it is not a matter of recip- are a lot of things we can do to take States on a trip is going to spend rocating against us; they already im- the hassle out of traveling that do di- around $900. On average, a visitor to pose these fees on American travelers. rectly relate to our responsibilities at this country from a foreign country Our determination to impose a minor our ports of entry, our visa system, and overseas is going to spend about $4,500, fee—$10 for an international traveler other things we can do to take that a pretty big difference in terms of vis- from a visa waiver country when they hassle out of traveling to the United iting Arizona or North Dakota and use the ESTA system once every two States that are our responsibility and spending that kind of money. years, not every visit—it seems to me that we should do. I would put those re- But I wonder if we have a disagree- to suggest is much less than other sponsibilities ahead of fancy brochures ment with this: All of the data tells us countries charge US travelers. And the and advertising campaigns to try to that in the last 9 years, global travel Senator described an op-ed piece by my tell people it could be nice to come to has increased by 56 million more people colleague Senator DEMINT which, in the United States when there are other moving around the globe doing inter- my judgment, is full of misinforma- ways we can make our shores more at- national tourism travel, and that dur- tion, full of it. tractive to them. ing the same time, the United States By the way, I am sending the Wash- So as I promised my colleague, I will has actually had 633,000 fewer overseas ington Post a response to it today. But, get the source of the information I visitors than 9 years ago. Do we dis- look: International travel. My friend quoted with regard to the statistical agree on that? Because my colleague from Arizona talked about research. information demonstrating more trav- from Arizona seemed to suggest that The Commerce Department research el in the last few years and then we can everything is at a record high. That is shows that in the first quarter of this have a further conversation about that. not the case. It is not the case. Over- year, there was a 10-percent decrease in Mr. DORGAN. Mr. President, I re- seas travel from people coming to this international travel to this country. spect my colleague’s views. I would country is down. It is down at a time That is the official data from the Com- only say this: The evidence is clear and

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9156 CONGRESSIONAL RECORD — SENATE September 9, 2009 it is not debatable that fewer people tive side.’’ When asked why would he at the heart of the city’s Olympic bid. are coming to this country from over- take the negative side when he didn’t It is a beautiful city, and I am proud to seas than did 9 years ago. In my judg- even know the subject matter, he said, call it home. It showcases much of ment, we ought to be concerned about ‘‘The negative side will take no prepa- what makes this country so great. that and do something about that by ration.’’ That is why it is an ideal site for the encouraging them. Yes, let’s deal with I understand it is easier to write a Olympic and Paralympic Games. the wait times on visas. We are work- big-old op-ed whacking away at things For athletes, world-class training fa- ing on that and we have made some than it is to construct something that cilities and event locations would be progress on that. But it is also the case has merit and will advance this coun- very close together, allowing for con- that if while India and France and try’s interests. I believe this bill has venience and ease. Japan and China and others are en- merit, and so do the 79 other Senators For visitors, outstanding public gaged in very substantial promotional who supported this legislation yester- transportation and modern infrastruc- campaigns that say ‘‘come to our coun- day. Later this afternoon, I look for- ture would make all events readily ac- try; come and see what we have,’’ and ward to passing this legislation cessible and easy to attend. if while they are doing that with ag- through the full Senate. For residents of the city and people gressive promotion we are sitting back I yield the floor and suggest the ab- across the United States, Chicago and saying, ‘‘Well, we are not going to sence of a quorum. would shine on the world stage and say anything much; we don’t have a The PRESIDING OFFICER. The millions of dollars would pour in from promotional campaign encouraging clerk will call the roll. across the globe. people to come to America,’’ in my The assistant legislative clerk pro- Especially if we pass S. 1023, pro- judgment, we lose that opportunity. ceeded to call the roll. moting travel to the United States and Advertising works; I don’t care Mr. BURRIS. Mr. President, I ask relaying better information to visitors, whether it is a television commercial unanimous consent that the order for Chicago will be the clear choice of the or a promotion. All I am saying is the be rescinded. International Olympic Committee in don’t diminish that, because promoting The PRESIDING OFFICER. Without October. travel to the United States can work, objection, it is so ordered. This important legislation, known as but deciding we are not going to pro- Mr. BURRIS. Mr. President, I wish to the Travel Promotion Act of 2009, mote anything I know does not work. speak on the issue of travel that is be- would create a not-for-profit corpora- In fact, in this past decade, we have fore the Senate this morning. tion, as well as a government Office of been in a circumstance where after 9/11, We live in a world divided. Inter- Travel Promotion. These organizations it was pretty clear that we were going national tension, mistrust, even wars would work together to encourage to make it much more difficult for peo- too often separate nation from nation. business, leisure, and scholarly travel ple to come to this country, and did. But every 2 years, 10,000 athletes from to the United States, restoring impor- Then we went through a period of the more than 200 countries come together tant components of our struggling Iraq war and other things when a lot of to celebrate the human spirit. They economy. people were pretty upset, so we saw a meet in competition, arriving on the Travel and tourism, which generates very substantial reduction in the world stage from all five inhabited con- as much as $1.3 trillion in the United amount of tourism coming to this tinents. States every year, have been on the de- country from overseas. Each of these five continents is rep- cline since 2001, although those same Again, I am knowledgeable about the resented by a single color circle, a ring industries have grown in many other op-ed piece that was written in the entwined with four others to form the countries. We must act swiftly to pro- Washington Post described by my col- familiar symbol worn by every Olym- tect the 8.3 million American jobs that league. pic athlete. are directly related to travel and tour- I am just telling you that there will The Olympic and Paralympic Games ism. This means welcoming more over- be a response to that because much of are a powerful force for world unity seas visitors each year—visitors who that had no basis in fact. So all I hope and a boon to any city that hosts them. already pour $142 billion into the is that the 80 Senators who supported In 2016, the summer games will bring United States on an annual basis. An this yesterday will continue to support millions of dollars and international increase in international tourism the notion of creating jobs in this spotlight to one of four world cities. would increase the profile of Chicago’s country, on a bipartisan basis, with a Selected by the U.S. Olympic Com- Olympic bid. piece of legislation that actually re- mittee from a broad field of candidate The 2016 Olympics, in turn, would duces the Federal budget deficit. What cities, Chicago is one of only four final- generate even more international tour- a novel thing that is. ists for the 2016 Olympics, along with ism in Illinois and across the country. Again, I have respect for those who Madrid, Rio de Janeiro, and Tokyo. S. 1023 would help this massive influx disagree, but I don’t want there to be The International Olympic Committee of visitors travel to the United States disagreement about the facts. We do re- will make their final selection in Octo- with ease. This would create jobs, in- search in the Commerce Department ber. That is in the coming month. We crease tax revenue, and build stronger on who is coming to our country and must work hard to bring the Olympics relationships across the globe. how many. That is valuable research. back to the United States of America. There are few international spec- Let’s take advantage of that and un- There is no greater honor than rep- tacles as singular and as inspiring as derstand what it says. resenting your country on the world the Olympic and Paralympic Games. Overseas travel across the planet is stage. I am convinced there is no great- There are very few of those. A force for up, up, up, way up, and to this country, er world city than Chicago. unity in a world divided, these com- it is down. There is something wrong As President Obama and I both can petitions have the power to bring us to- with that, something unhealthy about attest, Chicago is a diverse and inclu- gether as one people, celebrating the it. We can change that. That is what sive city. Situated on the banks of human spirit with one voice. this legislation is. It is an attempt to beautiful Lake Michigan, it is the I urge my colleagues to join Senator change it. jewel of the Midwest. Chicago has al- DORGAN and Senator ENSIGN in sup- Let me quote Mark Twain. I probably ways been a global leader in culture, porting S. 1023. I thank Leader REID for should do this every time I speak on architecture, commerce, sports, and his leadership on this important issue. the floor because I am always trying to even cuisine, if you like a good meal. This legislation would help to bring sell something. In this case, it is bipar- The Olympic spirit is alive and well visitors from all over the world to the tisan legislation that I think advan- in Chicago. The Chicago 2016 Com- United States, and it would help bring tages this country. mittee recognized the importance of the 2016 Olympic games to Chicago, IL. I will say this again. Mark Twain was the games and renewing old friendships Mr. President, I suggest the absence asked once if he would engage in a de- around the world, as well as estab- of a quorum. bate being scheduled. He answered, lishing new ones. This ideal—and the The PRESIDING OFFICER. The ‘‘Yes, as long as I can take the nega- value of ‘‘friendship through sport’’—is clerk will call the roll.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9157 The bill clerk proceeded to call the whether it is a theme park, a res- view of America, and America needs roll. taurant, or a hotel, has to buy other friends in the world today. We need Mr. ENSIGN. Mr. President, I ask products. They have to visit the den- more people thinking good things unanimous consent that the order for tist. A lot of them have animals and about America instead of bad things. the quorum call be rescinded. visit their local veterinarians. They Instead of those who want to create The PRESIDING OFFICER. Without buy houses which supports the con- harm, we want to create good will, and objection, it is so ordered. struction industry. There are ripple ef- the more visitors we get coming to the Mr. ENSIGN. Mr. President, I rise fects. So when we are creating a job in United States, the more good will we today to talk about the bill Senator the tourism industry, we are creating can create in the world. DORGAN and I have sponsored, the other jobs outside the tourism indus- What this next chart shows is that Travel Promotion Act of 2009, an im- try. there have been 58 million new visi- portant piece of legislation to create The nice thing about the Travel Pro- tors—international or overseas trav- jobs in the United States. motion Act Senator DORGAN and I have elers. Unfortunately, we haven’t gotten My home State of Nevada is No. 2 proposed is that this bill will create our share of those since the year 2000. now in unemployment. Clark County, jobs without adding to the deficit. In That means there was $182 billion in which is where Las Vegas is located, fact, it will raise money for the Treas- lost visitor spending and almost $30 bil- has one of the highest unemployment ury. It will actually have a positive ef- lion in tax revenues for the United rates of any county in the United fect on the deficit. Of the concerns I States. That is not local tax revenue, States, over 14 percent now. heard when I was home over August, that is just Federal tax revenues. Al- Jobs are something we desperately that is one of the biggest concerns peo- most 250,000 fewer jobs have been cre- need in my home State of Nevada and ple have—the amount of government ated because we lost these visitors. So obviously across the United States. spending. there is a travel gap between 2001 and Tourism, when you package it all to- The way we do this is two things are 2008. This is the actual arrivals. This is gether, is the No. 1 industry in the taken into account. Right now coun- what would have happened if we could United States. We are one of the coun- tries that have a visa waiver program, have captured a small percentage of tries in the world that does not sell we will charge those visitors, instead of the new international travelers who itself to the rest of the world for people $131 that it takes on average to have a are out there. to come. It seems to make sense to me visa, we are only going to charge them Some have argued that the European that if a company advertises to bring $10. But that $10 fee will go into paying Union will counter if we put a fee on people in, if convention authorities for this Travel Promotion Act for us to travelers coming to the United States, around this country advertise for peo- be able to advertize. That money will that they will put a fee on folks going ple to come in, it would make sense for be matched by the private sector. This to their countries. Well, guess what, the United States of America, as a will be run by the private sector, not they already have those fees, as a mat- country, to advertise to bring people to by the government. So we will have ex- ter of fact, everything from the Czech the United States. As a benefit to that, perts who understand marketing who Republic charging $27, to Denmark, $61, everywhere in the United States can will be able to sell our country. up to the UK charging $100. benefit. Mr. President, this is a job-producing By the way, this is the amount of money they spend on advertising in If we are advertising to come see Yo- bill. It is going to be something that their countries—anywhere from $8 mil- semite or the Grand Canyon or the in- benefits all across America, and it is lion to $89 million—and they get a re- credible beaches we have on our east going to do it without hurting the def- turn on their investment. They get a and west coasts, or the incredible icit. It is exactly the kind of legisla- return because they know if they ad- changes we see in the Northeast, or tion we need right now. Oh, by the way, places such as Lake Tahoe in my home vertise folks will actually come. Americans are calling for us to be bi- Folks have talked about this being a State that we share with California, or partisan, and this is a bipartisan bill. cost to the government. There is no Hawaii or the vastness of Alaska, wher- Senator DORGAN and I and many cost to this bill. It actually raises ever we are advertising, the incredible other people have worked on this legis- money. It actually is not a cost to the cities we have such as New York, Las lation. I thank the majority leader, taxpayer. There is $425 million in def- Vegas, with culture, cuisine, and enter- EID Senator R , from my home State, for icit reduction over the next 10 years, tainment, or the history we have in bringing this legislation to the floor with as much as $4 billion minimum in Washington, DC, or the fabulous places and really pushing for it. Obviously, it new economic stimulus per year. Next, in cities such as Chicago, when we ad- is important to our State because we there is $321 million in new Federal tax vertise those cities, if somebody comes have a tourism-driven economy in our revenue per year and about 40,000 new from overseas to visit the United State, but it is important to the entire U.S. jobs in the first year alone. Those States, there are many other places country. It is not just a Nevada-spe- are jobs we can definitely use in the they will visit along the way within cific bill; this is important to the en- United States. the United States. It will not be just tire country. This chart shows the return on in- one location where foreign travelers I have a few charts here to show vestment. Entry/departure fee from will come here to visit. There will be a some of what we have seen from other Spain, $14. They spent $120 million in ripple effect. countries. 2005. They had an increase in inter- For instance, if you are visiting the After 9/11, we made some changes in national arrivals by 20 percent going Grand Canyon, my home city of Las our immigration laws and things like into their country. The UK spent $90 Vegas is the gateway to the Grand Can- that, and these are some of the head- million and had an increase of 26 per- yon. Even though it is located in Ari- lines from around the world. This one cent. You can see down the line that zona, most people go through the says: ‘‘Coming to America isn’t easy.’’ there is a return on investment. That Grand Canyon to go to Las Vegas. If Another one: ‘‘America—more hassle is what we are saying here in using a you go to Yosemite, you can go than it’s worth?’’ In London: ‘‘Travel public-private partnership. Let’s have a through San Francisco and the whole to America? No thanks.’’ There is a return. Let’s actually attract people to wine country and take a trip up perception out there that folks aren’t the United States. through there. welcome from overseas ever since 9/11. I would make the argument that the The one thing we know about over- Part of the money that is going to be United States has more incredible seas travelers is when they come to the spent in this bill is going to say that places to see than any other country in United States, they spend about $4,500. America has the welcome mat out. We the world. We have a great product to Mr. President, $4,500 is a lot of money want folks to come and experience sell, we just have to sell it. We actually to kick into our economy. That money America. We want not only their tour- have to tell people why to come to the creates jobs. Those jobs that are cre- ist dollars, but we want them to come United States, show them the incred- ated have a ripple effect with other to experience America because we ible places. jobs being created. Somebody who is know from studies that anyone who These are just a few of the ads we employed in the tourism industry, comes to America has a more positive have seen around the world.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9158 CONGRESSIONAL RECORD — SENATE September 9, 2009 This is one from India. ‘‘One special The PRESIDING OFFICER. The Sen- Travel Promotion Fund as well as the oper- reason to visit India in 2009,’’ it says. ator from Arkansas. ational costs of ESTA. ‘‘Any time is a good time to visit the Mr. PRYOR. Mr. President, I suggest We are concerned that this draft legisla- Land of Taj, but there is no time like the absence of a quorum. tion is not compatible with our common goal to facilitate transatlantic trade and travel. now.’’ The PRESIDING OFFICER. The We believe it would constitute a step back- This is one of the many from Aus- clerk will call the roll. wards in our joint endeavour to ease trans- tralia. I think all of us have seen ads The legislative clerk proceeded to atlantic mobility. This fee is likely to dis- about Australia. ‘‘Arrived with a thou- call the roll. courage the use of ESTA well in advance of sand things on our minds; departed Mr. COBURN. Mr. President, I ask travel, thereby undermining the security ob- without a care in the world.’’ Another unanimous consent the order for the jectives of the system. Moreover, it risks from Australia which obviously fea- quorum call be rescinded. being perceived as a visa fee in disguise and tures the great diving they have. Just The PRESIDING OFFICER. Without would lead to calls for the European Com- mission to re-examine the issue of whether the visual image makes you say: I objection, it is so ordered. The Senator think I would like to go there. I think the ESTA is tantamount to a visa or not, from Oklahoma is recognized. with potentially negative implications on re- I would like to experience that on my f ciprocal visa-free travel between the EU and next vacation. the U.S. Besides, taxing foreign travellers to This is Ireland, a nice simple map of TRAVEL PROMOTIONS ACT OF promote tourism seems peculiar and public Ireland talking about all the various 2009—Continued perceptions might lead to less, not more things they have, from golf and the St. travel to the U.S. Patrick’s center to other places to visit Mr. COBURN. Mr. President, we are We understand that the Administration in Ireland. It gives a nice visual image. going through a travel and tourism also has concerns with this bill. We would Well, there are not only brochures bill. I know my leader is coming to say therefore urge you to make your formal posi- but television advertising, the Inter- some words on the Senate floor, but I tion known to Congress, so as to avoid the net, and all kinds of ways to get into a had a couple questions the authors of passing of legislation which may unneces- the bill have not answered satisfac- sarily deter legitimate transatlantic travel person’s mind about why they would for business and tourism. want to come and visit someplace, and torily. One is they create a new cor- poration for travel promotion and they We thank you for your consideration and all we are saying is we need to do this look forward to further strengthening trans- for the United States. There are so create a new travel and advisory board, atlantic relations in the years to come. many incredible places we have here to but there is already a travel and advi- Sincerely, visit that selling is not going to be the sory board within the Commerce De- PETR KOLA´ R˘ , problem, it is just going to be making partment. There is nothing in this bill Ambassador, Czech the effort. that eliminates this duplicative func- Republic. So, Mr. President, I believe this is tion that is already there. If, in fact, JOHN BRUTON, legislation that is worth doing. Some the intent of the bill is to promote, as Ambassador, European Commission. folks have come down here to say we they say it is, travel and tourism, one PONTUS F JA¨ RBORG, don’t need to do this because we al- of the things we do not want to do is Charge´ d’Affaires a.i., ready have a lot of travelers coming to have duplicative agencies doing ex- Sweden. the United States as it is. Inter- actly the same thing, wasting the tax- Mr. COBURN. I suggest the absence national travel to the United States, payers’ money. It is about $67 million of a quorum. they say, is up. Well, the problem is, that will go down the drain if, in fact, The PRESIDING OFFICER. Will the when you measure international travel we do not eliminate the duplicative Senator withhold his suggestion? coming from Mexico and Canada, that section of this bill. Mr. COBURN. I will. may be up, but they only spend about The second point I would make is you The PRESIDING OFFICER. The Re- $900 each visit when they come here. are going to spend $12 million a year publican leader is recognized. Overseas travelers spend about $4,500 just on this one advisory board. The each visit when they come here, and third point I will make refers to a let- f that travel is down in the United ter from the European Union noticing PRESIDENTIAL ADDRESS States. It is down significantly com- that the visa fees we plan on placing Mr. MCCONNELL. Mr. President, as pared to the rest of the world. So this with this bill will cause a negative re- we all know, the President will be here is legislation that we need to go after action from them and a reciprocal in- tonight, and he will get a warm recep- those overseas travelers who have stitution of visa fees through the Euro- tion, as Presidents always do when money to spend. This is something that pean Union. they address the Nation from the Cap- can benefit States all across America. I make those points and hope the au- itol. It is a short trip from 1600 Penn- It will benefit the Federal Treasury, thors of the bill will answer, for the sylvania Avenue, but it is always and it will create jobs. American people, the $67 million waste meaningful whenever a President from There are a lot of good things about in this bill that is going to occur if either political party speaks to a joint this legislation, and I think that is they do not eliminate programs that session. So we welcome him. why you will see a good, strong bipar- are already out there for which they He picked a good topic. Americans tisan vote when the final vote tally is are creating duplicate agencies. are extremely skeptical about the taken about 4:30 today. I yield the floor and ask unanimous So I would encourage people to take health care proposals the administra- consent to have the letter printed in tion and Democrats in Congress have a good, hard look at this. At a time the RECORD. when we need jobs—jobs, jobs, jobs— been talking about over the past sev- There being no objection, the mate- eral months. And they are understand- this is a bill that can help deliver some rial was ordered to be printed in the of those jobs. ably baffled by some of the arguments RECORD, as follows: that have been used to promote them. f JUNE 18, 2009. Americans don’t understand how a Hon. HILLARY RODHAM CLINTON, RECESS Secretary of State, Department of State, Wash- massive expansion of government will Mr. ENSIGN. Mr. President, I ask ington, DC. lower costs, as the administration unanimous consent that we recess DEAR MADAM SECRETARY, As you are most claims. They don’t understand how $500 until 2:15 p.m. as under the previous certainly aware, the U.S. Travel Promotion billion in cuts to Medicare won’t affect order. Act is currently under consideration in Con- the millions of seniors who depend on The PRESIDING OFFICER. Under gress (S.1023). On 16 June 2009, the Senate it. Americans don’t understand how the previous order, the Senate stands voted 90:3 for the bill to proceed and a final they’ll be able to keep the health plans vote is expected any day now. If this bill they have if government is allowed to in recess until 2:15 p.m. were to enter into force, DHS would be re- Thereupon, the Senate, at 12:24 p.m., quired to ask travellers to the U.S. upon undermine the private market. And recessed until 2:15 p.m. and reassem- their application for an Electronic (System they don’t understand why the admin- bled when called to order by the Pre- for) Travel Authorization (ESTA) to pay at istration doesn’t seem to be listening siding Officer (Mr. CARDIN). least $10 which would be used to finance a to these and many other concerns.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9159 Americans want specifics. They want hospital workers, small businessmen Most Democrats have resisted most solid assurances about what health and women, and countless others citi- of these incremental changes, hoping care reform would mean for themselves zens across Kentucky and throughout the day would come when they could and for their families and, just as im- the country—none of whom would call create a whole new dramatic scheme portantly, what it won’t mean. Ameri- our current health care system perfect. from the ground up under government cans have been clear about what they But all of them are worried about so- control. This summer they actually don’t want to see in health care re- called reforms that would undermine tried to do that, and the American peo- form. Now they want the administra- the things they like about the Amer- ple told them to try again. Their mes- tion to be clear with them. ican health care system. sage has been loud and it has been One thing that is already apparent in People are concerned about a pro- clear: No more spending money we do this debate is that the problem isn’t posal that would raid Medicare rather not have on programs we do not need. the administration’s sales pitch. The than strengthening and preserving it. No more debt. No more government ex- problem is what they are selling. Most of the Democratic proposals we pansion. And no government takeover Americans are rightly concerned about have seen would increase taxes on of health care. a rush to hike taxes on small busi- small businesses. People don’t under- Americans do not want us to walk off nesses, cut seniors’ Medicare benefits, stand why the administration would the field. They want us to recommit and add trillions of dollars in more even entertain the idea of raising taxes ourselves to the reforms they want. If government spending and debt. For on the businesses that create jobs in a Democrats agree, we will be their part- months, the President and Democrats country that has already lost millions ners. If they resist the pleas of the in Congress have been describing their of jobs since January. American people to start over, we will plans for reform. The status quo is un- Every Democratic proposal we have not. All of us have heard a lot from the acceptable. But if August showed us seen expands Medicaid, a program that American people last month. Now is anything, it is that so are the alter- is administered by the Federal Govern- the time to show we were listening. natives that the administration and ment but largely paid for by the I yield the floor. States. Republican and Democratic Democrats in Congress have proposed. I suggest the absence of a quorum. Tonight, the President has an oppor- Governors cannot believe the adminis- The PRESIDING OFFICER. The tunity to reframe the debate, but only tration is proposing a massive new ex- clerk will call the roll. The assistant bill clerk proceeded to if he recognizes that the Democrats’ penditure at a moment when many of these States cannot even pay the bills call the roll. original plan for health care reform Mr. MARTINEZ. I ask unanimous doesn’t wash with the American peo- they already have. Many of these States are struggling consent that the order for the quorum ple. When it comes to health care, just to survive in the current economy, call be rescinded. Americans don’t want government to and yet Democratic lawmakers in The PRESIDING OFFICER. Without tear down the house we have. They Washington want to spend billions to objection, it is so ordered. The Senator want it to repair the one we have. That expand Medicaid and then send the bill from Florida is recognized. means sensible, step-by-step reforms, to the States. No wonder so many f not more trillion dollar grand schemes. Americans think lawmakers in Wash- It means preserving what people like TRAVEL PROMOTION ACT OF 2009— ington are totally and completely out Continued about our health care system, not de- of touch. stroying it all at once or starving it Most States are constitutionally re- Mr. MARTINEZ. I feel appreciative over time. quired to have a balanced budget. This for all of the kind comments on the A government takeover on the in- means if the Federal Government floor today, especially the latest from stallment plan—or a ‘‘trigger’’ as some forces them to increase spending on the Republican leader. are calling it—is still a government Medicaid, they will have no choice but I want to take a moment to speak takeover. It is a bad idea now. It will to either cut services or raise taxes. about the item we will be voting on be a bad idea whenever the trigger That means Americans would be hit this afternoon. It may be my last vote, kicks in. Proponents of a trigger say twice, first by the taxes on small busi- and one which is an issue I have been that it might not be needed. But you ness, then by the higher taxes from working on since I was mayor in Or- can be sure of this: if Democrats are in State government, all from massive ange County, FL, a tourism destina- charge, they will pull the trigger at overhauls they do not want. tion in this tourism and travel pro- some point. Let’s be honest. Letting People do not want risky, sweeping motion bill. Democrats decide whether to pull the changes that increase the national debt Florida is a global tourist destina- trigger on government-run health care and do not solve the problems we have. tion, as we all know, and tourism in is like asking the pitcher, not the um- That is why I have been calling instead Florida has suffered as so many other pire, to call the balls and strikes. for commonsense reforms that build on sectors of our economy have, including Proponents of a trigger also say that the current system, for things such as a 10-percent drop in the first quarter of Republicans approved one for the Medi- ending junk lawsuits on doctors and 2009 in travelers to Florida. care drug benefit. What they don’t say hospitals that drive up health care Florida continues to have 10.7 per- is that ours was designed to ensure costs, lowering the costs for individual cent unemployment. Tourism bookings competition, not to stifle it. That trig- consumers by equalizing the tax treat- at places such as Walt Disney World ger would have prohibited the govern- ment for individuals and businesses, are down 7 percent over the last year, ment from being a fallback plan. This and incentivizing healthy living to pre- all of which suggests that in order for trigger would make the government vent diseases and to treat problems us to move beyond this recessionary the regulator, the payer, and a compet- early. period and the 10.7 unemployment we itor, and put the taxpayer on the hook For years, Republicans have sought see in Florida, it is incumbent upon us for its cost. Don’t be fooled: proponents reforms that would increase access to to do two things: No. 1 is quit black- of government-run health care realized care, reforms that had the strong sup- listing destinations such as Florida, last month that ‘‘government plan’’ port of the American people, whether it Orlando, Miami, Las Vegas, by the gov- had become a dirty word, so they was proposing to let small businesses ernment and others. It ought to be latched onto a new way to describe the pool their resources together to get the okay to travel to these great destina- same thing: a trigger. Americans aren’t same competitive rates as big busi- tions. confused by the Democrats’ reform pro- nesses or by establishing health sav- But the second would be to move and posal. They are not asking for a new ings accounts that give people greater pass this travel and tourism bill, the sales pitch. How many ways do they control over their care and their dol- Trade Promotion Act, which would es- need to say it: Americans oppose a gov- lars. For years, we have pushed for tablish an independent nonprofit cor- ernment takeover of health care, re- medical liability reform and called on poration for U.S. travel promotion, gardless of what it is called. Congress to strengthen Medicare and governed by an 11-member board of in- Over the past several weeks, I have Medicaid by fixing these necessary but dividuals appointed by the Secretary of visited with doctors, nurses, seniors, financially strapped programs. Commerce.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9160 CONGRESSIONAL RECORD — SENATE September 9, 2009 It would be funded not by taxpayers ORDER FOR RECESS merce Department statistics tourism but instead through the user fees paid Mr. REID. Mr. President, I ask unan- receipts were very much up. So let me by foreign tourists and in-kind con- imous consent that today the Senate quote the statistics from the Office of tributions by corporate partners. It is recess from 3 to 4 p.m. in order for Travel and Tourism Industries at the something that is absolutely needed. Members to participate in the 9/11 re- Commerce Department for 2008. I Foreign tourism is a huge source of membrance ceremony in Statuary Hall. quote: revenues to States such as Florida and The PRESIDING OFFICER. Without Total travel receipts reached unprece- the leader’s State of Nevada. It is objection, it is so ordered. dented levels in 2008, with a record-breaking something that I think is long overdue. $142.1 billion on travel to, and tourism-re- So passing this bill today will be a f lated activities, within the United States— great accomplishment for our Nation, ORDER OF PROCEDURE an increase of 16 percent over the previous record set in 2007. and it will be a tremendous boon to a Mr. REID. Mr. President, I ask unan- tourism economy that is reeling in That is what I had quoted earlier imous consent that the time from 4 to today. these recessionary times. It will make 4:45 p.m. today be divided as follows: me awfully happy that this will be The Senator from North Dakota said: 221⁄2 minutes to be divided equally be- something I can sort of button up my Well, my statistics show that tourism tween Senators DORGAN and the Repub- is down. I think he was quoting num- Senate career with, a good bill for lican leader or his designee, for debate Florida and a good bill for the people of bers of tourists. I do not know whether with the respect to S. 1023, and that that discrepancy is real. I do not ques- Florida today unemployed in the tour- upon the use of that time, the Senate ism industry. tion his statistics, but I did want to proceed to to con- verify mine come from the Department I yield the floor. sider the nomination of Cass Sunstein, The PRESIDING OFFICER. The ma- of Commerce. Presumably they are and that the remaining 221⁄2 minutes jority leader. valid. until 4:45 be equally divided and con- He had also raised a question as to f trolled between Senator LIEBERMAN whether that includes travel from Mex- and the Republican leader or his des- ico and Canada. My understanding is, TRIBUTE TO SENATOR MEL ignee; that at 4:45 p.m. the Senate re- yes, this statistic does include receipts MARTINEZ sume legislative session and all for travel and tourism for all travelers Mr. REID. Before my friend leaves postcloture time having expired, all to the United States, which would in- the floor, I was planning to come later amendments be withdrawn except the clude Mexico and Canada. with some prepared remarks, but let Dorgan amendment No. 1347, and that Also, according to a press release and me speak from my heart about the amendment No. 1347 then be agreed to information that was gathered by the Senator from Florida. and the motion to reconsider be consid- Senate Republican policy committee, I have some affinity for the Senator ered made and laid on the table; that the Commerce Department’s Office of from Florida because we were both the bill, as amended, be read a third Travel and Tourism Industries also trial lawyers. We have been to court, time and the Senate then proceed to issued a travel forecast in May of 2009 we have voir dired juries, we have ar- vote on passage of S. 1023, as amended; that foreign travel will reach a record gued cases to juries. We were both trial that upon passage of S. 1023, as amend- high of 64 million travelers to the lawyers. I feel that as a badge of honor. ed, the Senate then resume executive United States by the year 2013. Again, Some people denigrate trial lawyers. session and vote on the motion to in- that includes travel from all countries, But I feel that the people whom I have voke cloture on the nomination of Cass which would include Mexico and Can- tried to help over the years were people Sunstein. ada. who deserved to be helped. The PRESIDING OFFICER. Without The Commerce Department also esti- My friend from Florida was the presi- objection, it is so ordered. mates that travel to the United States dent of the State trial lawyers in Flor- Mr. REID. Mr. President, I suggest by visitors from countries other than ida. He has a tremendously sound rep- the absence of a quorum. Mexico and Canada should rebound by utation as a trial lawyer, somebody The PRESIDING OFFICER. The 2012. The point is that through a series who took good cases, worked them clerk will call the roll of the Senate. of situations, including, primarily eco- hard, judges liked him, and his oppo- The assistant bill clerk proceeded to nomic conditions, there has been a nents liked him, which speaks well of call the roll. lower level of travel after 2008 by over- this man. Mr. KYL. Mr. President, I ask unani- seas travelers. But my feelings about Senator MAR- mous consent that the order for the This Commerce Department forecast TINEZ go deeper than that. I have had quorum call be rescinded. also said, as I said earlier today, it is the good fortune of being able to at- The PRESIDING OFFICER. Without important to continue to work on tend our prayer breakfasts on occasion objection, it is so ordered. those initiatives which will facilitate here. I try to get to them as often as I f visits by overseas travelers, including can, every Wednesday morning when adequate infrastructure of ports of we are in session, at 8 o’clock. TRAVEL PROMOTION ACT OF 2009— entry, visa services, and funding to I have heard my friend from Florida Continued make the online registration require- talk about his upbringing, his faith. He Mr. KYL. Mr. President, I hoped that ments for foreign visitors truly easy is a devout Catholic. He is proud of my colleague from North Dakota and operational. that. He is very proud of his heritage, might be here, and perhaps we will still My point earlier today was that rath- Cuban American, versus the difficulties get together before the debate con- er than charging $10 a visa for foreign that have been caused by the tyran- cludes on the tourism bill. But I think travelers to come here to encourage nical government of Fidel Castro. we were two ships passing in the night more foreign tourism, which seemed to I also am impressed with Senator earlier today. He was quoting statistics me to be rather counterproductive, and MARTINEZ as a result of his family ties. that had to do with individual people. I since there is plenty of travel pro- He speaks so highly of his relationship was quoting statistics that had to do motion activity by the Department of with his lovely wife. I have had the op- with monetary receipts. We were both Commerce, by States, by localities— portunity to know his family. On rare getting at the problem of whether tour- you can hardly turn on the TV without occasions he came and asked me if ism was up or down, and I told him I seeing some community or State ad- there was a way I could help him with would get the source of my statistics vertising, promoting tourism within its a family member, recognizing the kind and we could reengage in that debate. area—that what we should be doing is of person he is and the family associa- The primary point the Senator from devoting any resources we have avail- tions that he has. North Dakota was making was that able for this purpose to improving the The people of the State of Florida are from his statistics, relating to the infrastructure at our ports of entry, losing a good Senator, a good man. I number of people, tourism was down. I our visa requirements, and other travel will miss MEL MARTINEZ. had asserted that based upon Com- accommodations for those visitors who

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9161 do come here so it is easier to come TRAVEL PROMOTION ACT OF 2009— and international travel be the prov- here. Continued ince of other countries and not us. We I would note I just read a story in the Mr. DORGAN. Mr. President, my un- ought to be involved. We ought to say Arizona papers today that talked about derstanding is that there is some time to people: You are welcome to come to the passport requirements from Mexico divided on the issue of the vote on the this country. I showed some of the and Canada. They have been in effect Travel Promotion Act, and let me take newspaper reports in recent years that for Mexico, but they are newly insti- as much time as I may consume of that suggest to people: You are not welcome tuted with respect to Canada. As a re- time. in America. Travel to America? No sult, theme parks in New York State, Earlier today, Senator KYL and I had thanks. Too much of a hassle. In fact, for example, had noted their activity a discussion on the floor about some after the terrible tragedy of 9/11/2001, from Canada was down somewhat. statistics and numbers about tourism we were not encouraging people to They attributed it to soggy weather, and travel. I don’t want him to try to come to this country at all. In fact, we the state of the economy, and the addi- win a debate we are not having because were suggesting that we were worried tional passport requirement. I am sure there ought not to be a difference with about people coming into this country. all of these are factors. respect to a set of facts. So let me just We wanted to make sure we were not So I suspect the statistics my col- recite the facts. allowing terrorists in, so we didn’t ex- league from North Dakota was citing I said this morning that on this big- actly have the welcome mat out. This legislation now, 8 years later, were accurate statistics, as were, obvi- old planet of ours, people are traveling says: Let’s put the welcome mat out to ously, the ones I cited from the Depart- more. That is a fact. Tens of millions say, you know what, you want to com- ment of Commerce. of people are traveling around the pete for international tourism? So do The bottom line point I was trying to world for international tourism pur- make is that we have a lot of people we. You want to go see the Eiffel poses, and that is very beneficial to the Tower? Well, that is fine. How about who come to this country. We make a areas where they arrive and do their lot of money from them. We want to coming to see the Empire State Build- touring. On average, an overseas trav- ing, Theodore Roosevelt National encourage that, to be sure. But I did eler who comes to the United States not think we were encouraging it when Park, Old Faithful, Yellowstone, Las spends $4,500. It is a very lucrative Vegas, the Pembina Gorge. How about we put a $10 fee on every visa for for- market to try to attract tourists from eign tourists, and that we might want coming to America to understand the overseas to come to our country. culture of America, the values, the to—if we had that money available, or The dilemma is this: While more peo- if we wanted to attract more visitors, character of America. ple are traveling all around the globe, One of the things we understand is the better way to do it would be to and while Japan and Europe, while that when people come here to travel make our ports of entry and the other India and South America and many across the United States, they leave, facilities by which people access entry other countries and continents are ag- having traveled in this country, with to the United States more accommo- gressively advertising, asking people to an unbelievably good impression about dating to them. Those were reasons I come to their country, promoting their what America is. We know that be- believed made this legislation unneces- country’s interests—I have mentioned cause there has been a great deal of sary and unwise. France, Italy, Germany, India, China, polling to understand it. So in addition Mr. President, I suggest the absence and so on—all of them engaged in trav- to creating a very substantial number of a quorum. el promotion saying: Come to our coun- of jobs at a time when people have lost The PRESIDING OFFICER. The try, enjoy our country, come and see their jobs—and by the way, tourism clerk will call the roll. our country, travel to our country. It The legislative clerk proceeded to and promotion of tourism, especially is a relentless bit of promotion by with overseas travelers who spend a lot call the roll. other countries, and they are very suc- Mr. KYL. Mr. President, I ask unani- of money when they come to this coun- cessful. try, promotes a substantial number of mous consent that the order for the The fact is, more people have been quorum call be rescinded. jobs. In addition to that, it promotes traveling around the globe in inter- dramatic good will all around the The PRESIDING OFFICER. Without national tourism, but we have had a re- objection, it is so ordered. world about this country of ours. duction of 633,000 people coming to this So this legislation is very simple. It f country as compared to 9 years ago. Go is bipartisan at a time when not very RECESS back to the year 2000 and take a look much is bipartisan. It actually saves Mr. KYL. Mr. President, we can pro- at how many overseas travelers came money. At a time when there is con- ceed to the recess. to this country to see America and cern about spending money, this re- The PRESIDING OFFICER. Without then fast forward to 2009. There are duces the budget deficit. It doesn’t in- objection, the Senate will stand in re- over half a million fewer people coming crease it; this actually reduces the cess until 4 p.m., pursuant to the pre- to our country. budget deficit. At the same time, it vious order. This legislation we are going to vote will create hundreds of thousands of Thereupon, the Senate, at 2:59 p.m., on is very simple. It says: Let’s have a new jobs. So how about that—a piece of recessed until 4 p.m. and reassembled private-public sector partnership that legislation that is bipartisan, with Re- when called to order by the Presiding promotes America as a destination for publicans and Democrats cosponsoring Officer (Mr. BURRIS). international tourism. it and bringing it to the floor, it saves The PRESIDING OFFICER. The Sen- In our earlier discussion, Senator money rather than adds to the budget ator from Connecticut is recognized. KYL said we should be dealing with the deficit, and it produces hundreds of Mr. LIEBERMAN. Mr. President, I entry process that many have com- thousands of jobs going forward. It suggest the absence of a quorum and plained about. The fact is, we are deal- seems to me this makes good sense for ask that the time that expires be ing with that. I have held hearings on this Congress. equally charged to both sides. that. We have substantially changed I am expecting this afternoon—with The PRESIDING OFFICER. Without the waiting time for trying to get a the help of my colleagues Senator EN- objection, it is so ordered. visa to come to the United States. Yes, SIGN, Senator KLOBUCHAR, Senator Mr. LIEBERMAN. I thank the Chair. there were long lines, long waits, and REID, and so many others who have The PRESIDING OFFICER. The much of that has been solved and re- worked on this legislation, I am hoping clerk will call the roll. duced substantially. In fact, the State we will get a very strong vote, get it to The legislative clerk proceeded to Department says that 90 percent of the the House of Representatives, and get call the roll. consular posts have visa wait times of it signed by the President so we can Mr. DORGAN. Mr. President, I ask less than 30 days for students and busi- put a lot of people to work in this unanimous consent that the order for ness travelers, just as an example. We country as well as incentivize people to the quorum call be rescinded. are making progress in those areas. come to this country to see what it is The PRESIDING OFFICER. Without But we should not, in my judgment, about, and that is an awfully good objection, it is so ordered. allow this issue of promotion of foreign thing, in my judgment.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9162 CONGRESSIONAL RECORD — SENATE September 9, 2009 Let me yield the floor and reserve Senator DORGAN, pointed out, when promotion in this country is in pro- the remainder of the time. I think the people come here to the United States, motion of a specific company, or per- Senator from Nevada wishes to speak. they leave with a more favorable im- haps a town. But there is no adver- The PRESIDING OFFICER. The Sen- pression. Well, not a lot of people have tising or promotion on the part of this ator from Nevada. a favorable impression of the United country to say to people around the Mr. ENSIGN. Mr. President, I wish to States these days, so we want more and world that you are welcome to come to make a few concluding remarks on the more people coming here visiting, this country. We want you to come to Travel Promotion Act. learning, seeing our sights, and inter- America. Experience the culture and First, I thank my colleague from acting with our people. We are good character of this great country of ours. North Dakota, Senator DORGAN. He and people, and we like other people around That is what this travel promotion I have worked very closely, along with the world. I believe this bill is going to our staffs, who have put a lot of work program is about. It is a public sector, improve the image of America around but mostly private sector program, the into this piece of legislation that we the world by the people who come visit believe is a very good for our country. funding from which will come in part here. from a $10 fee from people coming from It does several things. First of all, by Let me just conclude with this: We its very nature, it is a bipartisan bill, countries that impose a much higher have a bipartisan bill that creates jobs, assessment on Americans when we go which doesn’t happen around here very that doesn’t hurt the deficit. This is often anymore. The second thing is it to those countries, and in part on con- the kind of legislation we need to pass tributions from the private sector. creates jobs. The most important thing here in the U.S. Senate, especially in we need to do in this country right now these economic times when people are I also make the point that the U.S. is to create jobs. My home State of Ne- worried about skyrocketing deficits Chamber of Commerce has issued a let- vada is No. 2 in unemployment rate in and debt. We have other pieces of legis- ter of very strong support, believing the United States. We desperately need lation that are important to work on, this is a very pro-business proposal jobs. We are very dependent on tour- but right now there is no question but that will create jobs in our country. ism. This bill will help create tourism- to take the time out we are taking to My hope is we will get a very strong type jobs. It will create tourism-type pass a piece of legislation that we vote on it today. job for States throughout the United know will create jobs. This is the right I yield the floor. States. When people come to our coun- thing to do. try to visit, they may come to one I am proud to be associated with this UNDER SECRETARY FOR TRAVEL PROMOTION State primarily, but they usually stop legislation, and I thank the majority Mrs. SHAHEEN. Mr. President, I ap- in several other States along the way. leader, Senator REID, for bringing it to preciate Senator INOUYE and Senator We are in a situation where the No. 1 the floor. I thank all of those who have DORGAN’s leadership on promoting industry in America, the tourism in- worked on it but primarily my cospon- tourism to the United States. Thanks dustry, has been dramatically im- sor and coauthor of the bill, Senator to their commitment, the Senate is on pacted by the downturn in the econ- DORGAN, for his great work and great the verge of passing legislation that is omy. Tourism not only affects the peo- leadership on this bill. critical to our economy. Although it ple in that industry, but it affects peo- Mr. President, I yield the floor. provides almost 8 million American ple in all kinds of other industries that Mr. DORGAN. Mr. President, how jobs, travel and tourism have not re- are related to it. So when you create a much time remains? ceived the prioritization in our govern- tourism job, you are creating jobs The PRESIDING OFFICER. There is ment that they merit. I am pleased down the line. You are creating con- 14 minutes 25 seconds remaining. that we are creating an Office of Travel struction jobs, you are creating jobs Mr. DORGAN. Mr. President, let me Promotion and hope in the future we when they have to go see the dentist or just observe, my colleague from Ne- will take a step further and elevate the the local health care provider or go to vada probably knows there are some role of tourism promotion at the De- the grocery store or wherever else they who have raised the question of a $10 partment of Commerce. Other govern- are going and using the money they fee that will be assessed travelers who ments around the world have tourism earn to spend in the economy. are coming into this country, and they departments headed by Cabinet-level Other countries around the world have said: What an awful thing to do. officials. This stature gives them the spend money to attract people to their They say that a $10 fee could be oner- clout to advocate for pro-tourism, pro- countries. What we are saying with ous, burdensome, and other countries economy policies, and cut through the this bill is, let’s advertise the United may retaliate. redtape to implement those policies. States and let’s use those dollars in a This is a fee with respect to people way that creates jobs here in America. who are coming to this country from Tourism is vitally important to New We know we have a great product to countries participating in the Visa Hampshire. Last year, tourism in New sell. When you have a great product to Waiver Program. I showed this morn- Hampshire supported approximately sell—the United States of America—it ing that virtually all of the countries 67,000 direct full-time and part-time makes sense to sell it. It makes sense. in the Visa Waiver Program charge a jobs. I know from my own experience The Presiding Officer is the Senator much higher fee to an American trav- that having a high-level travel pro- from Illinois, home to one of the great eler who goes to their country. We are motion authority produces results. cities in America—Chicago. It is a not suggesting a fee that should in any When I was Governor, I elevated our great product to sell. I am from Las way deter somebody from coming to State’s Office of Travel and Tourism Vegas—a great product to sell. Our na- our country. within our State government because I tional parks are incredible products to Mr. President, $10 is not a significant recognized the importance of pro- sell. Our beaches; when the colors are amount of money for somebody en- moting the travel industry and ensur- changing in the Northeast—there are gaged in international travel. And it’s ing that we have a strong advocate for so many amazing places to see in a one time fee on the use of the Elec- traveler-friendly policies in our State America that it is a very easy product tronic System for Travel Authoriza- government. to sell. Right now, we are just not sell- tion—ESTA—program, which lasts for Under the guidance of this high-level ing it. two years. This isn’t even $10 each division, the travel economy in New All of the other countries are adver- trip—someone could travel many times Hampshire has increased substantially tising. We think about the times we in those two years. And what we are since 2001. Despite a nationwide lull in have seen Australia advertise or other doing with that fee is raising the funds tourism, spending by travelers to New countries advertise because they want to engage in a promotion program to Hampshire has increased over 33 per- Americans to go visit their country. promote America, our country. cent, creating over a billion dollars We want other citizens to come to My colleague from Nevada, Senator more in economic growth. State reve- America. Not only does it create jobs, ENSIGN, this morning said that adver- nues from travel have increased by but it also creates a lot of good will tising works, but most advertising over $100 million, providing an impor- around the world. As my colleague, with respect to travel and tourism and tant boost to our budget.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9163 I believe we should replicate New Tourism, especially international tour- waii’s economy relies on tourism and Hampshire’s success in promoting tour- ism, is an underappreciated economic travelers. Visitors from around the ism at the national level. This is why I engine for our country. When inter- world come to see our islands’ natural support the creation of an Under Sec- national visitors come here, econo- beauty and experience the spirit of retary for Travel Promotion. mists say that the United States is ex- ‘‘Aloha.’’ Our Nation’s hospitality in- Mr. INOUYE. I appreciate the Sen- porting tourism: it counts as an export dustry suffered a severe setback fol- ator’s kind words for me. I wish to ex- because it generates revenue here in lowing the events of September 11, 2001, press my agreement with her on the the United States. The $142 billion that and travel from abroad to the United creation of an Under Secretary posi- international visitors spent here in 2008 States has fallen dramatically. The in- tion in the Department of Commerce helped lower our trade deficit, which I dustry continues to struggle during who oversees the tourism industry. I know many people are concerned these difficult economic times coupled have advocated for the Under Sec- about. To put that $142 billion in per- with fears about a pandemic influenza. retary position in the past, and con- spective, if we consider international Hawaii’s experience is not unique. tinue to support its creation for the visitors as a single export market, it The hospitality industry nationwide reasons you described. would be the United States’s third has faced similar challenges, and the The State of Hawaii’s economy relies largest export market, behind Canada economic effects have rippled through heavily on travel and tourism, and wel- and Mexico, but ahead of China. Ex- the Nation to impact all of our citi- comes visitors from across this great ports to China generated $70 billion of zens. The State of Hawaii’s visitor sta- Nation and from around the world. revenue for American businesses last tistics reflect the downward trend, International travelers to the United year, less than half of the revenue gen- which accelerated during last year’s in- States generate a tremendous amount erated by international visitors to the crease in the cost of oil. Compared to of economic activity. The Department United States. The more we can at- the first 7 months in 2008, visitors to of Commerce found that in 2008, total tract visitors to the United States, the the islands for the same period this U.S. international travel receipts were less money we send abroad. The more year fell by 8.1 percent. Nationwide, $142 billion. International tourism pro- we can promote tourism to the United the number of international visitors vided support for over 800,000 U.S. jobs, States, the more jobs we will create through the first two quarters of 2009 $30 billion in payroll, and $17 billion in here for Americans, jobs that by neces- fell by 10.3 percent as compared to the tax revenue. The economic benefit of sity cannot be relocated overseas. same period during 2008. this industry should be represented, To do this, we need the right per- Both developing countries and indus- and requires policy-related coordina- sonnel in place to lead our tourism pol- trialized economies around the world tion. An Under Secretary would pro- icy, and I believe an Under Secretary of have ministers and offices that pro- vide that voice. This is especially true Commerce would be best suited to do mote travel to their respective coun- when the U.S. engages in international so for the reasons my colleagues have tries. However, the United States does negotiations around travel and tourism mentioned. Pro-tourism, pro-economy not have an office that promotes travel policy. It is important that the United policies can easily be forgotten in top- and tourism abroad. This legislation is States is represented by an appro- level discussions within the adminis- an important first step in the right di- priately ranked official, with the same tration if there is not someone with rection. Establishing an Office of Trav- authority as his or her counterparts. the clout to effectively advocate for el Promotion will help to attract for- Mrs. SHAHEEN. My friend from Ha- them. Likewise, in international nego- eign travelers to the United States. waii makes an excellent point. Al- tiations over travel policies, just as in This will not only sustain our tourism though the bill does not include an negotiations about other aspects of based industries, it reinforces business Under Secretary, I believe it is impor- international trade, the United States relationships and promotes a better un- tant for the Secretaries of Depart- needs to be represented by someone of derstanding between Americans and ments of Commerce, State, and Home- equal rank to his or her counterparts. our friends abroad. Interacting with land Security to ensure that the I thank both of my colleagues and the American people is a valuable tool United States is represented inter- look forward to working on this issue at our disposal to dispel international nationally to discuss travel and tour- with them in the future. travelers of misconceptions they may ism policy issues. In particular, these Mrs. SHAHEEN. I thank again Sen- have about our country. Approxi- Departments should work to remove ators INOUYE and BINGAMAN. mately 74 percent of visitors have a barriers to travel, expand market ac- Mr. INOUYE. Mr. President, I am more favorable opinion of the United cess for tourism industries, and pro- pleased to be joined by my colleagues States after visiting our country. mote tourism to the U.S. Does my col- in support of S. 1023, the Travel Pro- The economic activity generated by league agree with me on this point? motion Act of 2009, which is now being international travel and its promotion Mr. INOUYE. I do. I look forward to considered by the full Senate. should be approached in the same man- working with the Senator on this issue The Travel Promotion Act of 2009 ner we foster other industries equally in the future, and with Senator BINGA- will allow the United States to remain important to jobs and the economy. MAN who has also been a strong advo- competitive as a welcoming destina- The Travel Promotion Act of 2009 is cate for this issue. tion for foreign travelers. Our ability vital to our travel and tourism indus- Mr. BINGAMAN. I thank Senators to explain the processes and changes tries’ ability to compete globally and INOUYE and SHAHEEN. I appreciate both made by the United States to gain to restore confidence in the image of of their support for having an Under entry for travel will help to ease fears the United States as a country that is Secretary of Commerce lead tourism about the entry process. The proposed committed to welcoming our friends policy for the United States. As it is nonprofit, independent corporation from abroad. I urge my colleagues to for your States, and as it is for the Na- charged with this responsibility will be support this measure and help us en- tion as whole, tourism is an important able to conduct the necessary outreach sure that international business and part of New Mexico’s economy. Tour- and promote tourism in a way that the leisure travel to the United States is ism-related businesses in my State tourism industry cannot. In addition, given all of the tools necessary to suc- make up eight percent of New Mexico’s an Office of Travel Promotion will be ceed. economy. These businesses employ able to work with the Department of Mr. AKAKA. Mr. President, I rise over 80,000 New Mexicans. My State is State and the Department of Homeland today in support of the Travel Pro- fortunate to have a Cabinet-level offi- Security to improve the entry process. motion Act of 2009. I would like to cial in charge of tourism, and has been Promoting the United States as an commend Senator DORGAN for intro- well-served Secretary Cerletti, New attractive tourist destination for both ducing this important legislation as Mexico’s secretary of tourism. leisure and business with international well as Majority Leader REID, Senator I am pleased to support the bill be- visitors is of the utmost importance to INOUYE and other colleagues who have fore us today, for it begins to fill a the many States that house destina- helped craft this measure to promote longstanding void in our economic pol- tion resorts. Consider the experience of foreign travel and tourism to the icy. I think we could do more, however. my own home State of Hawaii. Ha- United States.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9164 CONGRESSIONAL RECORD — SENATE September 9, 2009 Tourism is crucial to the economy of entry. While I support the majority to the United States is surely a worthy our Nation. Many jobs are created in leader’s efforts to promote travel to cause, but we should make sure that the retail and wholesale sectors as a di- the United States, I believe that there the Department has the resources to rect result of the industry. These jobs are some security-related issues with administer it, so that it does not come are in addition to employment oppor- the Travel Promotion Act that need to at the expense of other programs that tunities offered by hotel, travel, res- be addressed. I realize that, in order to keep Americans safe. taurant, and leisure businesses. My move this bill, there won’t be any There is a simple way to address this home State of Hawaii is especially de- amendments offered on the floor of the problem. According to the Congres- pendent on tourism. It is Hawaii’s No. Senate. Nevertheless, I feel it is impor- sional Budget Office, the $10 fee would 1 economic-growth asset. tant to have a frank discussion about generate $180 million a year. The bill Hawaii is severely vulnerable to the potential unintended consequences caps the funding that would be used for international events and fluctuations that portions of this bill might have promoting travel at $100 million. This in the global economy. After 9/11, in for our Nation’s security. Because it is means that the fee could generate ex- the last quarter of 2001 and the first a good step forward, I plan to support cess funding of as much as $80 million quarter of 2002, Hawaii’s international this bill today. But I will continue to a year. The bill does not give any of visitors decreased by 35.4 and 20.3 per- pursue legislative options to ensure this excess funding to DHS for imple- cent, respectively. Similarly, as the that some of these peripheral issues are menting the ESTA system and the fee economy spiraled downward in Sep- addressed. mandated by the legislation. Instead, it tember 2008, Hawaii’s international Allow me to provide some back- would actually require DHS to pay out visitors decreased by 4.6 and 5.1 percent ground. In the 110th Congress, the Sen- of its own pocket the costs of imple- in the last quarter of 2008 and the first ate Committee on Homeland Security menting the fee. We should make sure quarter of 2009. Our State welcomes and Governmental Affairs created the that any excess funding is made avail- many visitors from Asia, in particular Electronic System of Travel Authoriza- able to DHS in order to ensure that Japan, whose economy is projected to tion known as ESTA, within the De- funding is not diverted from important decline by 5.9 percent in 2009. partment of Homeland Security, DHS, security programs to implement this Waikiki, a destination for visitors as part of the Implementing the Rec- fee. from all across the globe, accounted for ommendations of the 9/11 Commission about 8 percent of Hawaii’s gross State Act of 2007. The electronic system was S. 1023 also seeks to give the Director product, 10 percent of civilian jobs, and developed to address our main concerns of Travel Promotion in the Department 12 percent of tax revenues in 2002, ac- about the Visa Waiver Program, VWP; of Commerce authority over CBP func- cording to the Hawaii Department of namely, that the first time Customs tions by requiring that he ‘‘ensure that Business, Economic Development, and and Border Protection, CBP, encoun- arriving international visitors are gen- Tourism, DBEDT. The department re- ters many travelers from visa waiver erally welcomed with accurate infor- ported that for the month of July 2009, countries is when they land at a U.S. mation and in an inviting manner’’ and tourist expenditures decreased by 12.4 airport—far too late to prevent a ter- that he ‘‘enhance the entry and depar- percent, or $126.7 million, compared to rorist incident in flight. ture experience for international visi- the prior year. The idea behind ESTA was to reg- tors.’’ The CBP port of entry is a Hawaii public and private sector ister travelers coming to America elec- unique security environment over leaders have been proactive in mar- tronically before they leave their home which DHS, not the Department of keting Hawaii as the destination of countries. That way we would be able Commerce, has and should continue to choice for visitors throughout the to detect potential terrorists attempt- have ultimate jurisdiction. world. The Hawaii State government ing to enter the U.S. from VWP coun- Prior to 9/11, consular officers often commits millions of dollars of public tries—like Richard Wright, ‘‘the shoe faced pressure to adjudicate visa appli- funds to market, advertise, and pro- bomber’’—before they actually board cations more quickly even though mote Hawaii. However, this is not an airplane bound for the U.S. some applications may have been in- enough. We need to apply economies of The 9/11 Commission Act also author- complete. CBP Officers at ports of scale and work to market the United izes, but does not require, the collec- entry should not have to face similar States as a destination as other coun- tion of a fee to pay for the administra- pressures to speed up the processing of tries already do. While many govern- tion of the system. To date, DHS has incoming travelers at the expense of ments have increased its international elected not to impose a fee because of security considerations. In order to en- visitor market share by promoting concerns about the adverse reaction sure that there is no confusion, we their tourism industry, our country ESTA requirements have generated in should clarify that the role of the Di- primarily relies on States to promote Europe. Indeed, the lack of a fee was rector of Travel Promotion at the Na- themselves. We have not realized the one of the key reasons that the Euro- tion’s ports of entry is strictly advi- fullest potential of our promotional pean Union ruled that ESTA was not a sory, and that the Secretary of Home- dollars. We need to maximize the effec- visa, and decided not to impose a visa land Security shall have control over tiveness of our resources in an effort to requirement on U.S. travelers. the processes through which travelers attract more international visitors to The Travel Promotion Act, however, are admitted into the United States. enjoy the beauty and richness of our requires DHS to impose a minimum fee Lastly, S. 1023 would establish a country. of $10 per travel authorization to be The Travel Promotion Act of 2009 used for a Travel Promotion Fund. We Travel Promotion Corporation charged, will help accomplish this goal. This bill should expect the European Union— in part, with disseminating informa- would establish a Corporation for Trav- EU—and other VWP nations to impose tion about our Nation’s visa and entry el Promotion as a nonprofit corpora- a similar fee on U.S. travelers in the requirements through a Web site and tion, to create a nationally coordinated future. Additionally, because citizens through promotional campaigns travel program. The program would be of the EU do not use credit cards online abroad. charged to encourage travel to the as often as Americans, it will be chal- This is a worthy endeavor, and these United States and will promote our Na- lenging for DHS to set up the infra- campaigns surely will help to educate tion as a visitor destination. It will structure to collect this fee in a way foreign travelers about the steps they create jobs and stimulate the economy. that facilitates travel. need to take before travelling to the I urge my colleagues to support the Given these realities, I am concerned United States. As, chairman of the Travel Promotion Act of 2009. that the bill gives DHS no funding to Senate Committee on Homeland Secu- Mr. LIEBERMAN. Mr. President, I set up the infrastructure that would be rity and Governmental Affairs, I under- rise today to raise some concerns that needed to collect this fee. DHS, there- stand that our visa and entry require- I have with the Travel Promotion Act fore, would have to divert funds away ments can be very confusing. And the and to suggest some modifications to it from homeland security programs to last thing we want is for a publicly that I feel may be necessary to ensure pay for setting up and collecting this funded entity to use taxpayer dollars our security at the Nation’s ports of travel promotion fee. Promoting travel to disseminate inaccurate information.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9165 I believe that the Travel Promotion has beautiful beaches and cherry or- amendment aside for the purpose of Corporation should be required to sub- chards, maritime museums and ship- considering other amendments, such as mit the information it plans to dis- wreck-diving preserves. We even have the one I have filed. This amendment seminate for a factual review by the some of the world’s highest freshwater would not change the number of board Departments of Homeland Security and sand dunes and the only national fresh members; it would only require that State. The Homeland Security and water marine sanctuary, the Thunder one person have appropriate expertise State Departments would have abso- Bay National Marine Sanctuary at and experience with small business and lutely no editorial role in the types of Alpena. in the retail sector. This will ensure campaigns the Corporation develops. There are over 11,000 inland lakes in that at least one member will rep- To avoid unnecessary delays, DHS and Michigan, and we have the second high- resent the interests of small business State should then be required to return est number of recreational boats. concerns as that term is defined by the their comments to the Corporation Michigan also offers plentiful wilder- Small Business Act, 15 U.S.C. 632, and within 10 business days. ness experiences at national parks and generally used by the Small Business I believe that the bill we are cur- trails: Isle Royale National Park, Administration. rently considering is important, and Keweenaw National Historic Park, When I entered the Senate in 2007, I that its goal of promoting travel to the Sleeping Bear Dunes and Pictured asked to serve on the Small Business U.S. is laudable, especially when travel Rocks National Lakeshore and the Committee because I fully appreciate and tourism to our country are so im- North Country Scenic Trail. Our State how critical small businesses are to our portant to our economy. I will vote for has nearly 4 million acres of State for- economic recovery and strength, to it today. Moving forward, however, I est land, 2.7 million acres of national building America’s future, and to help- believe that we must ensure that the forest land and some 230 campgrounds. ing the United States compete in to- bill is implemented in a way that does And Michigan has thousands of miles day’s global marketplace. I think that not adversely impact the security of of hiking, biking, cross-country skiing promoting the United States as a tour- our Nation, by ensuring that it does and snowmobiling trails. With so many ist destination to foreigners increases not force DHS to rob Peter to pay Paul. inviting tourist destinations in Michi- our economic viability and the image I understand that, in order to get this gan it is no wonder Michigan stands to of the United States abroad. Visitors to bill passed today, amendments cannot benefit from the increased travel that our country get a better picture of the be offered on the floor. I want to reit- will result from the enactment of the United States, which shapes their per- erate, however, that I plan on pursuing Travel Promotion Act. ception of our country and its people. these objectives in future legislation . I This bipartisan legislation aims to It is vital that the perspectives of think we can achieve the dual goals of reverse the decline in overseas visitors small business owners be represented promoting travel to our country and to the United States since 9/11 by es- because they employ more than half of enhancing security—I look forward to tablishing a nationally coordinated all private sector employees and make working with the majority leader and public-private partnership, similar to up 99 percent of the Nation’s 29 million other supporters of this legislation what exists in many other countries, to businesses. going forward. increase international travelers to the While I regret that we are unable to Mr. LEVIN. Mr. President, I am United States. consider my amendment, I hope that At no cost to the taxpayer the legis- proud to be a cosponsor of S. 1023, the my recommendations will be consid- lation would establish the Corporation Travel Promotion Act of 2009, and I ered as the legislative process con- for Travel Promotion, an independent, will vote for the bill on final passage. tinues. At a time when we are facing a severe nonprofit corporation governed by an Mr. DORGAN. I suggest the absence economic downturn and the worst re- 11-member board of directors appointed of a quorum. cession in a generation we need to look by the Secretary of Commerce. It also The PRESIDING OFFICER. The for creative ways to create jobs and would create an Office of Travel Pro- clerk will call the roll. generate revenue that can provide ben- motion in the Department of Com- The legislative clerk proceeded to efits across our urban areas, cities, merce to develop programs to increase call the roll. towns, and rural countryside. the number of international visitors in Mr. DORGAN. Mr. President, I ask It is therefore timely that the Senate the United States. It is paid for by a unanimous consent that the order for is considering a bill aimed at pro- public-private matching program, the the quorum call be rescinded. moting travel and tourism in the Travel Promotion Fund. Federal con- The PRESIDING OFFICER. Without United States. Tourism is a multibil- tributions will be financed by a re- objection, it is so ordered. lion-dollar industry, and promoting quired $10 fee paid by foreign travelers Mr. DORGAN. Mr. President, I ask travel to the United States will help from visa waiver counties and collected unanimous consent that the time dur- stimulate our economy. The people in via the electronic system for travel au- ing the quorum call be divided equally my home State of Michigan understand thorization. between both sides. the important economic contributions As the tourism season ramps up in The PRESIDING OFFICER. Without of tourism. In fact, tourism is one of Michigan, we must do everything we objection, it is so ordered. the three largest industries in Michi- can to take advantage of our State’s Mr. DORGAN. I suggest the absence gan along with manufacturing and ag- natural beauty and recreation opportu- of a quorum. riculture. nities to grow this critical sector of The PRESIDING OFFICER. The According to the U.S. Travel Associa- our economy. clerk will call the roll. tion, in 2007 the travel industry sup- Mr. CARDIN. Mr. President, I sup- The legislative clerk proceeded to ported 148,700 jobs with a payroll of $3.5 port S. 1023 and its objectives. Indeed, call the roll. billion in Michigan. Nationally the I am a cosponsor. I submit these com- Mr. DURBIN. Mr. President, I ask Senate Travel Promotion Act is ex- ments regarding the bill’s provisions to unanimous consent that the order for pected to create 40,000 new jobs in the help our Nation’s many small busi- the quorum call be rescinded. first year. nesses. I filed an amendment, S. Amdt. The PRESIDING OFFICER. Without Tourism is a successful industry in 1320, to ensure that at least one mem- objection, it is so ordered. Michigan because we have so much to ber of the Travel Promotion Board Mr. DURBIN. Mr. President, pending offer visitors. In 1831, the great chron- would have appropriate expertise re- before the Senate is the Travel Pro- icler of early America and one of our garding small business concerns and motion Act of 2009, which we have Nation’s first tourists, Alexis de the retail sector. I am joined in this ef- worked on for a long time. Travel and Tocqueville, explored the Great Lakes. fort by Senators LANDRIEU and SNOWE, tourism are critical to the economic When he saw Lake Huron, he described the chairman and ranking member of health of America, as well as our home it as ‘‘Not grand in poetry only; it’s the the Small Business and Entrepreneur- State of Illinois. It is the sixth most most extraordinary spectacle that I ship Committee, who have cosponsored popular State in the Nation among have seen in my life.’’ the amendment. overseas tourists. Tourism adds $2.1 Indeed, Michigan has the world’s I am disappointed that we are unable billion to our State and local tax cof- longest freshwater coastline. Michigan to get consent to lay the pending fers and supports more than 300,000 jobs

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9166 CONGRESSIONAL RECORD — SENATE September 9, 2009 each year in the State. That is why we EXECUTIVE SESSION scholar of our time, the most wide- need this bill. Promoting tourism, ranging, the most prolific, the most bringing in travelers to visit Illinois cited, and the most influential.’’ As a and the Nation creates job opportuni- NOMINATION OF CASS R. graduate of Yale Law School, I was ini- ties, tax revenues and, frankly, gives SUNSTEIN TO BE ADMINIS- tially quite suspect of those super- us a chance to show off a great nation. TRATOR OF THE OFFICE OF IN- latives. The truth is that those words FORMATION AND REGULATORY of Elena Kagan, then dean of Harvard, I could go through the long list of AFFAIRS, OFFICE OF MANAGE- now Solicitor General of the United wonderful things to see in Illinois—and MENT AND BUDGET States, are validated by the extraor- it is long—but trust me, it is a story The PRESIDING OFFICER. Under dinary record of Professor Cass that can be told in virtually every the previous order, the Senator from Sunstein. He has taught and written State in the Nation, and certainly here Connecticut is recognized. about many subjects, including par- in our capital. Mr. LIEBERMAN. Mr. President, as ticularly regulation, the management There are those who argue about the chairman of the Committee on Home- of risk, and, in fact, OIRA itself. $10 promotion fee, which is a small land Security and Governmental Af- Our committee conducted a thorough price to pay to promote people coming fairs, I am pleased to both express my review of Professor Sunstein’s writings from overseas, who will spend much unqualified support for the nomination and his background, and he has met in- more than that to visit our country of Cass Sunstein to lead the Office of dividually with me, Senator COLLINS, and join in the wonderful opportunities Information and Regulatory Affairs, our ranking member, and most other we have to offer. which is known in government circles members of the committee. We held a confirmation hearing on this nomina- As we come to a conclusion on the as OIRA, and also to favorably report the nomination out from our Homeland tion on May 12 of this year, at which bill, I want to spend a moment to ac- the members of our committee thor- knowledge the work of the majority Security Committee. This nomination was considered and oughly questioned Professor Sunstein leader, HARRY REID, who worked tire- reported out by the committee on May about his views on several important lessly with Senators DORGAN and EN- matters. And I believe he responded di- 20. That was almost 31⁄2 months ago. SIGN. He was an early and strong sup- rectly, sincerely, and addressed each of porter of the Travel Promotion Act, But unfortunately, Professor Sunstein’s nomination has been the the members’ concerns. recognizing how important travel is to For example, I wanted to be sure his subject of unnecessary holds and the United States and to our economy. previous advocacy for a rigorous imple- delays. This is an important position He worked hard to make sure there was mentation of cost-benefit analysis to that needs to be filled. a place on the crowded legislative cal- regulations did not mean that OIRA I thank Majority Leader REID for endar for us to take up this bill. bringing this important nomination to under his leadership would interfere with the agency’s issuing of regula- Travel and tourism are a major in- a vote. Obviously, there was a fili- tions necessary to protect public dustry in Senator REID’s home State of buster, and we will now need to invoke health and safety. Professor Sunstein Nevada, and enacting this legislation cloture so Professor Sunstein can get convinced me in his answer that he will save and create thousands of jobs on with the important job that Presi- would diligently support the purposes in Nevada and help generate millions dent Obama has nominated him to do of laws to protect public health and of dollars in revenue and tax receipts. for our country and each one of us. safety as adopted by Congress and Senator REID has been committed to OIRA is one of those governmental signed by the President. this legislation since it was introduced, agencies that has a low public profile Because Professor Sunstein is bril- and he will shepherd this legislation to but exerts high influence over the liant, creative, and prolific, he has the President’s desk. With his leader- workings of government and therefore written some things that are uncon- ship, we have another chance to move the daily lives of most Americans. ventional and, for some, controversial. In Congress, we pass laws that ex- this bill on the floor of the Senate. We I believe when asked about each of failed to reach cloture in June, and press our values, that draw lines be- those matters he answered sincerely some people gave up, but HARRY REID tween what is right and wrong, what is and fully and reassuringly. never gave up. He worked with the desirable and undesirable for our soci- For example, hunters were concerned sponsors to move this forward. He rec- ety. But because we cannot ever fore- about Professor Sunstein’s views on ognizes that the travel sector is a see every permutation of the law or its gun rights. He made very clear he be- major driver in economic growth in Ne- effect, we must leave many of the de- lieves the second amendment creates vada and across America. He found a tails to the executive branch and its an individual right to possess guns for way to rescue this bill, bring it back to regulatory actions or implementation hunting and self-defense. To farmers life, and bring it up for today’s vote. of the laws we pass. and others concerned with his previous For his vision, his tenacity, and his For over a quarter of a century now, writings and comments on cruelty to leadership, we all owe a great debt of Presidents of the United States have animals, Professor Sunstein has said he gratitude to Senator HARRY REID of asked OIRA to help oversee and coordi- would take no steps to promote litiga- Nevada. nate this critical regulatory process. tion on behalf of animals, which some Thus, OIRA has a huge impact on the concluded was his position based on a This Travel Promotion Act is a widest range of problems, as wide as major part of his work in the Senate, provocative article he wrote, and that the purview of our government itself, he has no plans, certainly, to regulate not only to help America, but his home including the health and safety of animal husbandry. State of Nevada. every American and the health and sta- So this is a bright, thoughtful, cre- I yield the floor, suggest the absence bility of the American economy. ative man who, as a professor, has of a quorum, and I ask that the time be In Professor Cass Sunstein, the Presi- written some provocative, unconven- divided equally. dent has found someone with excep- tional ideas. I suppose if one wanted to tional qualifications and talent, capa- The PRESIDING OFFICER. Without take advantage of them for one’s own ble of leading OIRA in a positive direc- objection, it is so ordered. purposes, to politicize, in some sense, tion to fulfill Congress’s intention in or ideologize, in some sense, this nomi- The clerk will call the roll. the adoption of laws. nation, one might seize on those. But The legislative clerk proceeded to When he began teaching at Harvard at bottom, this is a person extraor- call the roll. Law School in 2008, after a distin- dinarily well qualified for this position. guished career teaching and residing in I will say he has been endorsed by the Mr. LIEBERMAN. Mr. President, I the city of Chicago, which is ably rep- American Farm Bureau Federation, in- ask unanimous consent that the order resented by the occupant of the chair, sofar as concerns of the agricultural for the quorum call be rescinded. his new employers at Harvard an- community are concerned. He met with The PRESIDING OFFICER. Without nounced that they had secured for them, and he answered there questions. objection, it is so ordered. their faculty ‘‘the preeminent legal They said:

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9167 . . . we hope the Senate can take up this University of Chicago for 27 years, the Mr. President, I yield the floor. nomination in the near future and all Sen- author and coauthor of more than 15 The PRESIDING OFFICER. The Sen- ators will vote to confirm him in this post. books and hundreds of scholarly arti- ator from Connecticut. Professor Sunstein has also won the cles. Mr. LIEBERMAN. Mr. President, public endorsement of a variety of By a large margin, Cass Sunstein is first, I thank Senator KLOBUCHAR for groups, including the U.S. Chamber of the most cited scholar on any law fac- those very thoughtful and, I thought, Commerce and the National Associa- ulty in the United States of America. compelling words in support of Pro- tion of Manufacturers which has con- One envious observer said: fessor Sunstein’s nomination. They cluded, based on his writings and their If you look at what he’s written and done, were both thoughtful and personal, and meetings with him, that he will be fair he should be 900 years old. that matters a lot. I thank her for tak- and not antibusiness, anti-economic What are the concerns of his aca- ing the time to come and speak on this growth in this important position. demic work? The overriding concern is important nomination. As for myself, after meeting with we have smart, science-based, cost-ef- I thought it might be helpful if I read this distinguished, thoughtful, and fective policies to protect public health from a few of the letters of endorse- very gentlemanly individual, listening and safety, to promote energy security, ment of Professor Sunstein because to him at our hearings, seeing how he and to strengthen our economy and fi- this is one of those nominations that I has responded thoroughly and forth- nancial system. think has become unnecessarily con- rightly to those who have approached In a recent book Professor Sunstein troversial. A rule I have always tried him with their concerns, I am con- coauthored called ‘‘Nudge,’’ he wrote to apply—I think I have done it pretty vinced Professor Sunstein has superior that by knowing how people think, we well over the years, playing it uni- qualifications for this office and a can design rules and policies that make formly—is when, as a Senator, we exer- strong commitment, if concerned, to it easier for Americans to choose what cise our authority to advise and con- guide OIRA in conformity with the law is best for themselves and their fami- sent, the judgment for us to make is and the public interest above all. That lies. In other words, Cass Sunstein be- not whether we would have nominated is why I urge my colleagues to support lieves the best types of rules and regu- that person to that office but whether cloture and to support this nomina- lations are the ones that encourage on due consideration we conclude that tion. American consumers and businesses to nominee is within an acceptable range Mr. President, I am pleased to see the make good decisions without demand- and capable of fulfilling that job. That senior Senator from Minnesota. I yield ing that they do so. is quite a different situation. to her at this time. I thought a lot about his work when One might agree or disagree, let’s put The PRESIDING OFFICER. The Sen- Congress debated the first-time home it that way, with Professor Sunstein on ator from Minnesota. buyers tax credit which helped spur one or another thing he has written in Ms. KLOBUCHAR. Mr. President, I home sales after months of decline a remarkably productive, prolific ca- rise today to talk about Cass Sunstein again. Again, if you shape policies and reer, but one would have to decide if he and his qualifications to be Adminis- programs that are easy to understand, is unqualified for this position, not just trator of the Office of Information and that provide incentives, that give that he wouldn’t be your first choice Regulatory Affairs. I thank Senator Americans control over their fate, you but seems to be he is unqualified or LIEBERMAN for his leadership. I am get the right results. there is a level of risk in fulfilling it going to try not to say the word That is why it is so important we that even if he was qualified, one would ‘‘OIRA’’ in my remarks because it is a confirm Cass Sunstein to this critical vote against it. very difficult agency, and no one is post. His pragmatic, sensible approach I want to reassure my colleagues. I quite sure what it does. But I can tell to policy and regulation will help make mentioned the American Farm Bureau you it does something very important, our Federal agencies work smarter and Federation because there had been con- which is to cut through the redtape for ensure that our government works bet- cern in the Agriculture Committee. I citizens and to try to get some sensible ter for our citizens and for our busi- read a letter from Bob Stallman, presi- rules for this country. nesses. dent of the American Farm Bureau How do I know Cass Sunstein? Back It is no surprise to me, as Senator Federation: in the 1980s I was privileged to have LIEBERMAN just discussed, the kind of Like others in the agriculture community, him as my law professor at the Univer- support that Cass Sunstein has gath- we were concerned about reports related to sity of Chicago. I took his administra- ered. The Wall Street Journal editorial Mr. Sunstein’s views on animal rights and tive law class, and he was also my ad- board has been positive about his nomi- the impact that could occur should such viser on the law review. nation. You have heard the support views be reflected in Federal regulations. We His career as a legal scholar was just from the U.S. Chamber of Commerce, have, however, had the opportunity to dis- beginning to take off, but he was al- the National Association of Manufac- cuss this subject in person with Mr. Sunstein. He has been candid, forthright and ready making a very strong impression turers, the American Farm Bureau very open about how he views his role in as a teacher. I think many of my fellow Federation, 13 Nobel Prize winners, and OIRA. He has shared his perspective on the classmates believed he was, in fact, C. Boyden Gray, who served as White issues in question and stressed that he would their favorite teacher. House Counsel under both Presidents not use his position to undermine further When we first saw Cass Sunstein in Bush. law or further policies inconsistent with con- class, he looked like a boy in a man’s While all these individuals and orga- gressional directives. suit. He was so thin but with such en- nizations are supportive, what they say I quoted in my opening statement of thusiasm. These were the days before about Cass Sunstein is what I have al- the president of the American Farm white boards, and he would always get ways known about him. He is a prag- Bureau Federation: a lot of white chalk on his black suits, matist. He cares about ideas, but ulti- . . . we hope the Senate can take up this which he seemed oblivious to, but he mately he cares about the right re- nomination in the near future and that all was far from an absent-minded pro- sults. Senators will vote to confirm him in this fessor. He would race along a mile a I have heard time and time again post. minute in his lecture, a fountain with from the people in my State office Second, a very different association a never-ending stream of ideas. He was about the redtape and regulations citi- and important one in our country is never boring, which is a tough standard zens run into on an everyday basis with the Chamber of Commerce of the for law students. the U.S. Government. It is time to put United States of America, and in a let- Today Professor Sunstein is one of someone in this job who actually sees ter from R. Bruce Josten, the first the Nation’s most thoughtful and re- that connection, is able to connect paragraph says: spected legal scholars with a distin- human behavior with what those rules The U.S. Chamber of Commerce, the guished record of accomplishments. He are, and make those rules make some world’s largest business federation rep- is a graduate of Harvard Law School, a sense. He has the intellect, the ability, resenting more than three million businesses law clerk to Supreme Court Justice and the force to get this done, and I am and organizations— Thurgood Marshall, a professor at the proud to support his nomination. He says about the nominee—

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And it would be preposterous effort to improve the ability of government latory Affairs, OIRA. for anyone in a position like mine to take to beneficially impact the lives of its citi- Professor Sunstein’s nomination has steps to affect their rights or their interests. zens. been endorsed by a number of groups, In a July 14, 2009, letter to Senator As OIRA Administrator, Professor including the Farm Bureau, the Cham- CHAMBLISS, Professor Sunstein prom- Sunstein is almost certain to apply a ber of Commerce, and the National As- thoughtful approach to regulatory oversight ised to respect second amendment sociation of Manufacturers. and review. His extensive writings and teach- rights if confirmed as OIRA Adminis- ings provide a useful blueprint of his prag- I will ask consent to have letters of trator. Professor Sunstein explained: matic approach to regulation, including his support from these organizations print- continued defense of cost-benefit analysis as ed in the RECORD following my re- I strongly believe that the Second Amend- a tool for developing rational regulation. His marks. ment creates an individual right to possess and use guns for purposes of both hunting approach is not influenced by an ideological While many people outside of Wash- predisposition. and self-defense. I agree with the Supreme ington have never heard of this office, Court’s decision in the Heller case, clearly I repeat, from Bruce Josten, execu- it can have an enormous influence on recognizing the individual right to have guns tive VP of the Chamber of Commerce: our everyday lives. Through the proc- for hunting and self-defense. If confirmed, I His approach is not influenced by an ideo- ess of regulatory review, OIRA—as it is would respect the Second Amendment and logical predisposition—to the contrary, his known in Washington—plays an inte- the individual right that it recognizes. writings show a strong commitment to a bal- gral role in the rulemaking process. anced review that is biased neither in favor I was also concerned by several law The office advises agencies as rules are review articles in which Professor of nor against regulation. developed and then reviews the meth- By all accounts, Professor Sunstein is a Sunstein made the bizarre statement man of personal integrity and formidable in- odologies used to develop and justify that animals be given standing to sue tellectual prowess, and the Chamber ap- these rules. in court—allowing ‘‘representatives’’ plauds his willingness to suspend an excep- Professor Sunstein has extensively to sue on an animal’s behalf. In re- tional academic career in order to serve his studied government regulation and the sponse to questions on this subject dur- country. various methods that can be used to ing his confirmation hearing, Professor Mr. Josten concludes by saying: evaluate regulatory effectiveness. Dur- Sunstein clarified that he was sug- The Chamber urges you to expeditiously ing his confirmation hearings, I noted gesting this as a means by which exist- confirm Professor Sunstein as Administrator several core principles that seem to un- ing animal cruelty laws could be en- of OIRA. derpin Professor Sunstein’s work. forced by civil suits. In a letter to me I need not tell my colleagues in the He advocates greater transparency in on this issue, Professor Sunstein fur- Senate that the Chamber of Commerce the regulatory process. One of his rec- ther stated: is a probusiness group, and if they be- ommendations is that agencies be re- quired to better justify decisions to I have no personal plans to regulate farm lieved Cass Sunstein as OIRA Adminis- animal husbandry in any way. If confirmed, regulate, particularly when the costs of trator would harm business entrepre- and if the Department of Agriculture were to neurship, economic growth, and the regulations appear to exceed the bene- propose any regulations in that domain, I free market in our country, they would fits. That makes sense to me. would work with the Department to ensure say so, loudly and clearly. But they did Professor Sunstein strongly supports that any proposed regulations follow the law not say so. They did not just remain si- the use of cost-benefit analysis as a and fit with the priorities of the President— lent. The Chamber of Commerce of the tool for evaluating regulation. At the and that they take full account of the press- United States said Cass Sunstein is same time, he recognizes that such ing needs of America’s farmers and ranchers and the countless consumers who benefit, qualified by his writings, he is fair, and analysis has limitations when it comes every day, from their remarkable efforts. they urge us to confirm this nomina- to considering intangible costs and tion. benefits. I will consent to have Professor I have a similar letter from the Na- Recently, Professor Sunstein has pro- Sunstein’s letter printed in the RECORD tional Association of Manufacturers, posed an alternative to more draconian following my remarks. Rosario Palmieri, vice president of ‘‘command-and-control’’ regulation. In I know that a number of my col- NAM, writing to Senator COLLINS and his book ‘‘Nudge,’’ he makes a compel- leagues have shared these concerns or me: ling case for regulation that does not raised other concerns based on Pro- . . . I am writing to offer our support for dictate actions but instead encourages fessor Sunstein’s extensive bibliog- the confirmation of Cass Sunstein to be Ad- certain behavior without limiting per- raphy. I understand that Professor ministrator of the Office of Information & sonal freedoms. This ‘‘nudging’’ can Sunstein has made himself available to Regulatory Affairs in the Office of Manage- promote societal goals without depriv- meet with Senators to discuss those ment & Budget. . . . ing individuals or organizations of concerns and has in some cases pro- The NAM [National Association of Manu- other choices. facturers] has supported nominees to OIRA vided written clarifications of his posi- under both Republican and Democratic presi- As with many nominees who make tions. I expect that when confirmed as dents. The office plays a crucial role in agen- the transition from academia to gov- OIRA Administrator, he will continue cy prioritization, paperwork reduction, and ernment service, Professor Sunstein to be as accessible and responsive to regulatory review. Cass Sunstein, in par- will find that as he steps from the this Congress. ticular, is deserving of confirmation because world of theory into the realm of prac- On balance, I support Professor Cass of his keen intellect, expertise in the fields— tice, not every idea discussed in the Sunstein as Administrator of the Office The PRESIDING OFFICER. The Sen- classroom can be easily converted into of Information and Regulatory Affairs. ator’s time has expired. government policy—nor should it be. Mr. LIEBERMAN. I thank the Chair. During his confirmation hearing, Pro- Mr. President, I ask unanimous con- The bottom line is that Professor fessor Sunstein and I discussed several sent to have letters of support and Pro- Sunstein is supported by many groups, provocative statements he has made in fessor Sunstein’s letter, to which I re- including those who some might think the course of his career, statements ferred, printed in the RECORD. would have opposed him. I hope my col- that are troubling on their face. There being no objection, the mate- leagues will support this nomination in I was deeply concerned, for example, rial was ordered to be printed in the the vote to come and on final passage. by his past comment that hunting RECORD, as follows:

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CHAMBER OF COMMERCE dents. The office plays a crucial role in agen- pose any regulations in that domain, I would OF THE UNITED STATES OF AMERICA, cy prioritization, paperwork reduction, and work with the Department to ensure that Washington, DC, June 23, 2009. regulatory review. President Obama said any proposed regulations follow the law and Hon. HARRY REID, that the office offers a ‘‘dispassionate and fit with the priorities of the President—and Majority Leader, U.S. Senate, analytical ‘second opinion’ on agency ac- that they take full account of the pressing Washington, DC. tions.’’ We believe that function is especially needs of America’s farmers and ranchers and Hon. MITCH MCCONNELL, crucial during the economic crisis we face the countless consumers who benefit, every Republican Leader, U.S. Senate, and to preserve high wage jobs from being day, from their remarkable efforts. The Washington, DC. lost due to unnecessary or thoughtless gov- focus of my academic work on animal wel- Hon. JOSEPH LIEBERMAN, ernment action. fare is not regulation of agriculture, but ex- Chairman, Committee on Homeland Security Cass Sunstein, in particular, is deserving isting state anticruelty laws (over which and Government Affairs, U.S. Senate, of confirmation because of his keen intellect, OIRA has no authority). My work as Admin- Washington, DC. expertise in the fields of administrative and istrator, if I am confirmed, would reflect the Hon. SUSAN COLLINS, environmental law, and his commitment to law and the President’s priorities. Ranking Member, Committee on Homeland Se- fair and reasoned deliberation of issues that Thank you again for your support through- curity and Government Affairs, U.S. Senate, will come before him. Under an Adminis- out this process. Washington, DC. trator Sunstein, all sides will be given a fair Sincerely, DEAR LEADERS REID AND MCCONNELL, hearing and a real opportunity to impact the CASS R. SUNSTEIN. CHAIRMAN LIEBERMAN AND RANKING MEMBER final analysis of an issue. Mr. BUNNING. Mr. President, I rise COLLINS: The U.S. Chamber of Commerce, We stand ready to assist in ensuring con- today to speak on the nomination of the world’s largest business federation rep- firmation by the full Senate of Cass Mr. Cass Sunstein for the Office of resenting more than three million businesses Sunstein. Management and Budget’s Office of In- and organizations of every size, sector, and Sincerely, region, urges you to confirm Professor Cass ROSARIO PALMIERI, formation and Regulatory Affairs, Sunstein as Administrator of the Office of Vice President, OIRA. Most Americans have never Information and Regulatory Affairs (OIRA) Infrastructure, Legal & Regulatory Policy. heard of OIRA, but it has great influ- within the Office of Management and Budg- ence on the daily lives of all Ameri- et. AMERICAN FARM cans. OIRA is responsible for the execu- Over the course of an impressive career as BUREAU FEDERATION, tion of a wide range of government a legal academic, Professor Sunstein has Washington, DC, September 1, 2009. policies and regulations with its over- made important contributions in such di- TO ALL U.S. SENATORS sight of the executive branch rule- verse areas as environmental law, behavioral DEAR SENATOR: Earlier this year, the Sen- economics, and consumer safety. Through ate received the nomination of Cass Sunstein making. In other words, the OIRA can his work, he has improved our understanding to serve as administrator of the Office of In- heavily influence or change the in- of the law and public policy in a continuing formation and Regulatory Affairs (OIRA) tended purpose of any regulatory pro- effort to improve the ability of government within the Office of Management and Budg- posal. Therefore, it is important for the to beneficially impact the lives of its citi- et. This office plays a vital role in deter- head of OIRA to be a rational thinker zens. mining the final disposition of regulations, who has every American’s best interest As OIRA Administrator, Professor in particular environmental and natural re- at heart. Sunstein is almost certain to apply a source proposals that have a direct impact After reviewing Mr. Sunstein’s opin- thoughtful approach to regulatory oversight on the agricultural community. Accordingly, and review. His extensive writings and teach- Farm Bureau has a strong interest in the in- ions and past comments, it is very ings provide a useful blueprint of his prag- dividual that will fill the role of adminis- clear that his views are far outside of matic approach to regulation, including his trator of that office. the mainstream. For example, Mr. continued defense of cost-benefit analysis as Like others in the agricultural commu- Sunstein believes that animals should a tool for developing rational regulation. His nity, we were concerned about reports re- be given the same rights as humans. In approach is not influenced by an ideological lated to Mr. Sunstein’s views on animal 2004, he wrote, ‘‘We could even grant predisposition—to the contrary, his writings rights and the impact that could occur animals a right to bring suit without should such views be reflected in federal reg- show a strong commitment to a balanced re- insisting that animals are persons, or view that is biased neither in favor of nor ulations. We have, however, had the oppor- against regulation. tunity to discuss this subject in person with that they are not property.’’ According By all accounts, Professor Sunstein is a Mr. Sunstein. He has been candid, forthright to Mr. Sunstein’s logic, your dog could man of personal integrity and formidable in- and very open about how he views his role in sue you for putting its collar on a little tellectual prowess, and the Chamber ap- OIRA. He has shared his perspective on the too tight. Furthermore, Mr. Sunstein plauds his willingness to suspend an excep- issues in question and stressed that he would is against hunting and compares it to tional academic career in order to serve his not use his position to undermine federal law the ‘‘ mass extermination of human country. The Chamber urges you to expedi- or further policies inconsistent with congres- beings.’’ Whether it is for population tiously confirm Professor Sunstein as Ad- sional directives. ministrator of OIRA. Based on our discussions with Mr. control or for food consumption, hunt- Sincerely, Sunstein, Farm Bureau has no objection to ing plays a vital role in the lives of R. BRUCE JOSTEN, his confirmation to the position of adminis- many Americans, especially in Ken- Executive Vice President, trator of OIRA and we hope the Senate can tucky. It is irresponsible for Mr. Government Affairs. take up this nomination in the near future Sunstein to compare a person who kills and that all senators will vote to confirm a deer which can provide food for his or NATIONAL ASSOCIATION him to this post. her family for several weeks, to the OF MANUFACTURERS, Sincerely, likes of Stalin. He has also been very Washington, DC, June 22, 2009. BOB STALLMAN, Hon. JOSEPH LIEBERMAN, President, hostile to second amendment rights Chairman, Senate Committee on Homeland Se- American Farm Bureau Federation. and has publically stated his resistance curity and Government Affairs, Dirksen to an individual’s right to keep and Building, Washington, DC. MAY 20, 2009. bear arms. Hon. SUSAN COLLINS, Hon. SUSAN COLLINS, Any regulation that comes out of the Ranking Member, Senate Committee on Home- Ranking Member, Committee on Homeland Se- Department of Agriculture could nega- land Security and Government Affairs, curity and Governmental Affairs, U.S. Sen- tively impact farmers across the Na- Dirksen Building, Washington, DC. ate, Washington, DC. tion if Mr. Sunstein is the person re- DEAR CHAIRMAN LIEBERMAN AND RANKING DEAR SENATOR COLLINS: Thank you for MEMBER COLLINS: On behalf of the National your support and the work of your staff sponsible for implementing that regu- Association of Manufacturers (NAM) and the throughout the confirmation process. I am lation. Livestock farmers across Ken- millions of Americans our members employ, honored by the Committee’s vote today and tucky could potentially be forced out I am writing to offer our support for the con- the opportunity to serve the Nation as the of business if Cass Sunstein had his firmation of Cass Sunstein to be Adminis- Administrator of the Office of Information way. Additionally, vague rulemaking trator of the Office of Information & Regu- and Regulatory Affairs. by the Bureau of Alcohol, Tobacco, latory Affairs (OIRA) in the Office of Man- I understand that a question may have Firearms, and Explosives could result arisen recently about my views on the regu- agement & Budget. Thank you for the swift in Mr. Sunstein filling in the gaps to work of your Committee to report Professor lation of farming and farm animals. I have Sunstein favorably to the full Senate. no personal plans to regulate farm animal push his and the President’s radical The NAM has supported nominees to OIRA husbandry in any way. If confirmed, and if agenda. There are plenty of other under both Republican and Democratic presi- the Department of Agriculture were to pro- qualified people whom President

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Under resentatives of the United States of America in the previous order, the Senate will re- Commerce may remove any member of the Congress assembled, board for good cause. sume legislative session. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (5) VACANCIES.—Any vacancy in the board f (a) SHORT TITLE.—This Act may be cited as shall not affect its power, but shall be filled the ‘‘Travel Promotion Act of 2009’’. in the manner required by this section. Any TRAVEL PROMOTION ACT OF 2009— (b) TABLE OF CONTENTS.—The table of con- member whose term has expired may serve Continued tents for this Act is as follows: until the member’s successor has taken of- The PRESIDING OFFICER. All com- Sec. 1. Short title; table of contents. fice, or until the end of the calendar year in which the member’s term has expired, which- mittee amendments except the Dorgan Sec. 2. The Corporation for Travel Pro- motion. ever is earlier. Any member appointed to fill amendment, No. 1347, are withdrawn. Sec. 3. Accountability measures. a vacancy occurring prior to the expiration The question is on agreeing to the Sec. 4. Matching public and private funding. of the term for which that member’s prede- amendment. Sec. 5. Travel promotion fund fees. cessor was appointed shall be appointed for The amendment (No. 1347) was agreed Sec. 6. Assessment authority. the remainder of the predecessor’s term. No to. Sec. 7. Office of Travel Promotion. member of the board shall be eligible to The PRESIDING OFFICER. The Sec. 8. Research program. serve more than 2 consecutive full 3-year question is on the engrossment and SEC. 2. THE CORPORATION FOR TRAVEL PRO- terms. MOTION. (6) ELECTION OF CHAIRMAN AND VICE CHAIR- third reading of the bill. MAN.—Members of the board shall annually The bill was ordered to be engrossed (a) ESTABLISHMENT.—The Corporation for Travel Promotion is established as a non- elect one of the members to be Chairman and for a third reading and was read the profit corporation. The Corporation shall not elect 1 or 2 of the members as Vice Chairman third time. be an agency or establishment of the United or Vice Chairmen. Mr. DORGAN. Mr. President, have States Government. The Corporation shall (7) STATUS AS FEDERAL EMPLOYEES.—Not- the yeas and nays been ordered? be subject to the provisions of the District of withstanding any provision of law to the The PRESIDING OFFICER. They Columbia Nonprofit Corporation Act (D.C. contrary, no member of the board may be have not. Code, section 29–1001 et seq.), to the extent considered to be a Federal employee of the that such provisions are consistent with this United States by virtue of his or her service Mr. DORGAN. I ask for the yeas and as a member of the board. nays. section, and shall have the powers conferred upon a nonprofit corporation by that Act to (8) COMPENSATION; EXPENSES.—No member The PRESIDING OFFICER. Is there a carry out its purposes and activities. shall receive any compensation from the sufficient second? There is a sufficient (b) BOARD OF DIRECTORS.— Federal government for serving on the second. The question is, Shall the bill (1) IN GENERAL.—The Corporation shall Board. Each member of the Board shall be pass, as amended? have a board of directors of 11 members with paid actual travel expenses and per diem in The clerk will call the roll. knowledge of international travel promotion lieu of subsistence expenses when away from The legislative clerk called the roll. and marketing, broadly representing various his or her usual place of residence, in accord- regions of the United States, who are United ance with section 5703 of title 5, United Mr. DURBIN. I announce that the States Code. Senator from Louisiana (Ms. States citizens. Members of the board shall be appointed by the Secretary of Commerce (c) OFFICERS AND EMPLOYEES.— LANDRIEU) is necessarily absent. (after consultation with the Secretary of (1) IN GENERAL.—The Corporation shall The PRESIDING OFFICER. Are there Homeland Security and the Secretary of have an executive director and such other of- any other Senators in the Chamber de- State), as follows: ficers as may be named and appointed by the siring to vote? (A) 1 shall have appropriate expertise and board for terms and at rates of compensation The result was announced—yeas 79, experience in the hotel accommodations sec- fixed by the board. No individual other than nays 19, as follows: tor; a citizen of the United States may be an offi- (B) 1 shall have appropriate expertise and cer of the Corporation. The Corporation may [Rollcall Vote No. 272 Leg.] experience in the restaurant sector; hire and fix the compensation of such em- YEAS—79 (C) 1 shall have appropriate expertise and ployees as may be necessary to carry out its Akaka Feinstein Murray experience in the small business or retail purposes. No officer or employee of the Cor- Alexander Franken Nelson (NE) sector or in associations representing that poration may receive any salary or other Barrasso Gillibrand Nelson (FL) sector; compensation (except for compensation for Baucus Graham Pryor (D) 1 shall have appropriate expertise and services on boards of directors of other orga- Bayh Hagan Reed experience in the travel distribution services nizations that do not receive funds from the Begich Harkin Reid Bennet Hatch sector; Corporation, on committees of such boards, Rockefeller (E) 1 shall have appropriate expertise and and in similar activities for such organiza- Bennett Inouye Sanders Bingaman Isakson experience in the attractions or recreations tions) from any sources other than the Cor- Schumer Bond Johanns poration for services rendered during the pe- Shaheen sector; Boxer Johnson (F) 1 shall have appropriate expertise and riod of his or her employment by the Cor- Brown Kaufman Shelby Snowe experience as officials of a city convention poration. Service by any officer on boards of Burris Kerry directors of other organizations, on commit- Byrd Klobuchar Specter and visitors’ bureau; Cantwell Kohl Stabenow (G) 2 shall have appropriate expertise and tees of such boards, and in similar activities Cardin Lautenberg Tester experience as officials of a State tourism of- for such organizations shall be subject to an- Carper Leahy Thune fice; nual advance approval by the board and sub- Casey Levin Udall (CO) (H) 1 shall have appropriate expertise and ject to the provisions of the Corporation’s Cochran Lieberman Udall (NM) experience in the passenger air sector; Statement of Ethical Conduct. All officers Collins Lincoln Vitter (I) 1 shall have appropriate expertise and and employees shall serve at the pleasure of Conrad Lugar Voinovich experience in immigration law and policy, the board. Dodd Martinez Warner including visa requirements and United (2) NONPOLITICAL NATURE OF APPOINT- Dorgan McCaskill Webb MENT.—No political test or qualification Durbin Menendez Whitehouse States entry procedures; and shall be used in selecting, appointing, pro- Ensign Merkley Wicker (J) 1 shall have appropriate expertise in Enzi Mikulski Wyden the intercity passenger railroad business. moting, or taking other personnel actions Feingold Murkowski (2) INCORPORATION.—The members of the with respect to officers, agents, or employees NAYS—19 initial board of directors shall serve as of the Corporation. incorporators and shall take whatever ac- (d) NONPROFIT AND NONPOLITICAL NATURE Brownback Corker Gregg tions are necessary to establish the Corpora- OF CORPORATION.— Bunning Cornyn Hutchison Burr Crapo Inhofe tion under the District of Columbia Non- (1) STOCK.—The Corporation shall have no Chambliss DeMint profit Corporation Act (D.C. Code, section power to issue any shares of stock, or to de- Coburn Grassley 29–301.01 et seq.). clare or pay any dividends.

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(2) PROFIT.—No part of the income or as- (2) at least 6 members of the board are (6) a comprehensive and detailed report of sets of the Corporation shall inure to the present at the meeting at which it is ap- the Corporation’s operations and activities benefit of any director, officer, employee, or proved; and to promote tourism in rural and urban areas; any other individual except as salary or rea- (3) each member of the board has been and sonable compensation for services. given at least 3 days advance notice of the (7) such recommendations as the Corpora- (3) POLITICS.—The Corporation may not meeting at which the vote is to be taken and tion deems appropriate. contribute to or otherwise support any polit- the matters to be voted upon at that meet- (d) LIMITATION ON USE OF FUNDS.—Amounts ical party or candidate for elective public of- ing. deposited in the Fund may not be used for fice. (h) FISCAL ACCOUNTABILITY.— any purpose inconsistent with carrying out (4) SENSE OF CONGRESS REGARDING LOBBYING (1) FISCAL YEAR.—The Corporation shall es- the objectives, budget, and report described ACTIVITIES.—It is the sense of Congress that tablish as its fiscal year the 12-month period in this section. the Corporation should not engage in lob- beginning on October 1. SEC. 4. MATCHING PUBLIC AND PRIVATE FUND- bying activities (as defined in section 3(7) of (2) BUDGET.—The Corporation shall adopt a ING. the Lobbying Disclosure Act of 1995 (5 U.S.C. budget for each fiscal year. (a) ESTABLISHMENT OF TRAVEL PROMOTION FUND.—There is hereby established in the 1602(7)). (3) ANNUAL AUDITS.—The Corporation shall (e) DUTIES AND POWERS.— engage an independent accounting firm to Treasury a fund which shall be known as the (1) IN GENERAL.—The Corporation shall de- conduct an annual financial audit of the Cor- Travel Promotion Fund. (b) FUNDING.— velop and execute a plan— poration’s operations and shall publish the (1) START-UP EXPENSES.—For fiscal year (A) to provide useful information to for- results of the audit. The Comptroller Gen- eign tourists, business people, students, 2010, the Secretary of the Treasury shall eral of the United States may review any make available to the Corporation such sums scholars, scientists, and others interested in audit of a financial statement conducted traveling to the United States, including the as may be necessary, but not to exceed under this subsection by an independent ac- $10,000,000, from amounts deposited in the distribution of material provided by the Fed- counting firm and may audit the Corpora- eral government concerning entry require- general fund of the Treasury from fees under tion’s operations at the discretion of the section 217(h)(3)(B)(i)(I) of the Immigration ments, required documentation, fees, proc- Comptroller General. The Comptroller Gen- esses, and information concerning declared and Nationality Act (8 U.S.C. eral and the Congress shall have full and 1187(h)(3)(B)(i)(I)) to cover the Corporation’s public health emergencies, to prospective complete access to the books and records of initial expenses and activities under this travelers, travel agents, tour operators, the Corporation. Act. Transfers shall be made at least quar- meeting planners, foreign governments, (4) PROGRAM AUDITS.—Not later than 2 terly, beginning on October 1, 2009, on the travel media and other international stake- years after the date of enactment of this basis of estimates by the Secretary, and holders; Act, the Comptroller General shall conduct a proper adjustments shall be made in (B) to identify, counter, and correct review of the programmatic activities of the amounts subsequently transferred to the ex- misperceptions regarding United States Corporation for Travel Promotion. This re- tent prior estimates were in excess or less entry policies around the world; port shall be provided to appropriate con- than the amounts required to be transferred. (C) to maximize the economic and diplo- gressional committees. (2) SUBSEQUENT YEARS.—For each of fiscal matic benefits of travel to the United States SEC. 3. ACCOUNTABILITY MEASURES. years 2011 through 2014, from amounts depos- by promoting the United States of America (a) OBJECTIVES.—The Board shall establish ited in the general fund of the Treasury dur- to world travelers through the use of, but annual objectives for the Corporation for ing the preceding fiscal year from fees under not limited to, all forms of advertising, out- each fiscal year subject to approval by the section 217(h)(3)(B)(i)(I) of the Immigration reach to trade shows, and other appropriate Secretary of Commerce (after consultation and Nationality Act (8 U.S.C. promotional activities; with the Secretary of Homeland Security 1187(h)(B)(i)(I)), the Secretary of the Treas- (D) to ensure that international travel ben- and the Secretary of State). The Corporation ury shall transfer not more than $100,000,000 efits all States and the District of Columbia shall establish a marketing plan for each fis- to the Fund, which shall be made available and to identify opportunities and strategies cal year not less than 60 days before the be- to the Corporation, subject to subsection (c) to promote tourism to rural and urban areas ginning of that year and provide a copy of of this section, to carry out its functions equally, including areas not traditionally the plan, and any revisions thereof, to the under this Act. Transfers shall be made at visited by international travelers; and Secretary. least quarterly on the basis of estimates by (E) to give priority to the Corporation’s ef- (b) BUDGET.—The board shall transmit a the Secretary, and proper adjustments shall forts with respect to countries and popu- copy of the Corporation’s budget for the be made in amounts subsequently trans- lations most likely to travel to the United forthcoming fiscal year to the Secretary not ferred to the extent prior estimates were in States. less than 60 days before the beginning of excess or less than the amounts required to (2) SPECIFIC POWERS.—In order to carry out each fiscal year, together with an expla- be transferred. the purposes of this section, the Corporation nation of any expenditure provided for by (c) MATCHING REQUIREMENT.— may— the budget in excess of $5,000,000 for the fis- (1) IN GENERAL.—No amounts may be made (A) obtain grants from and make contracts cal year. The Corporation shall make a copy available to the Corporation under this sec- with individuals and private companies, of the budget and the explanation available tion after fiscal year 2010, except to the ex- State, and Federal agencies, organizations, to the public and shall provide public access tent that— and institutions; to the budget and explanation on the Cor- (A) for fiscal year 2011, the Corporation (B) hire or accept the voluntary services of poration’s website. provides matching amounts from non-Fed- consultants, experts, advisory boards, and (c) ANNUAL REPORT TO CONGRESS.—The eral sources equal in the aggregate to 50 per- panels to aid the Corporation in carrying out Corporation shall submit an annual report cent or more of the amount transferred to its purposes; and for the preceding fiscal year to the Secretary the Fund under subsection (b); and (C) take such other actions as may be nec- of Commerce for transmittal to the Congress (B) for any fiscal year after fiscal year 2011, essary to accomplish the purposes set forth on or before the 15th day of May of each the Corporation provides matching amounts in this section. year. The report shall include— from non-Federal sources equal in the aggre- (3) PUBLIC OUTREACH AND INFORMATION.— (1) a comprehensive and detailed report of gate to 100 percent of the amount transferred The Corporation shall develop and maintain the Corporation’s operations, activities, fi- to the Fund under subsection (b) for the fis- a publicly accessible website. nancial condition, and accomplishments cal year. (f) OPEN MEETINGS.—Meetings of the board of directors of the Corporation, including under this Act; (2) GOODS AND SERVICES.—For the purpose any committee of the board, shall be open to (2) a comprehensive and detailed inventory of determining the amount received from the public. The board may, by majority vote, of amounts obligated or expended by the Cor- non-Federal sources by the Corporation, close any such meeting only for the time poration during the preceding fiscal year; other than money— necessary to preserve the confidentiality of (3) a detailed description of each in-kind (A) the fair market value of goods and commercial or financial information that is contribution, its fair market value, the indi- services (including advertising) contributed privileged or confidential, to discuss per- vidual or organization responsible for con- to the Corporation for use under this Act sonnel matters, or to discuss legal matters tributing, its specific use, and a justification may be included in the determination; but affecting the Corporation, including pending for its use within the context of the Corpora- (B) the fair market value of such goods and or potential litigation. tion’s mission; services may not account for more than 80 (g) MAJOR CAMPAIGNS.—The board may not (4) an objective and quantifiable measure- percent of the matching requirement under authorize the Corporation to obligate or ex- ment of its progress, on an objective-by-ob- paragraph (1) for the Corporation in any fis- pend more than $25,000,000 on any advertising jective basis, in meeting the objectives es- cal year. campaign, promotion, or related effort un- tablished by the board; (3) RIGHT OF REFUSAL.—The Corporation less— (5) an explanation of the reason for any may decline to accept any contribution in- (1) the obligation or expenditure is ap- failure to achieve an objective established by kind that it determines to be inappropriate, proved by an affirmative vote of at least 2⁄3 of the board and any revisions or alterations to not useful, or commercially worthless. the members of the board present at the the Corporation’s objectives under sub- (4) LIMITATION.—The Corporation may not meeting; section (a); obligate or expend funds in excess of the

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total amount received by the Corporation for (d) COLLECTION.— House of Representatives Committee on En- a fiscal year from Federal and non-Federal (1) IN GENERAL.—The Corporation shall es- ergy and Commerce, the House of Represent- sources. tablish a means of collecting the assessment atives Committee on Homeland Security, (d) CARRYFORWARD.— that it finds to be efficient and effective. The and the House of Representatives Committee (1) FEDERAL FUNDS.—Amounts transferred Corporation may establish a late payment on Foreign Affairs describing the Office’s to the Fund under subsection (b)(2) shall re- charge and rate of interest to be imposed on work with the Corporation, the Secretary of main available until expended. any person who fails to remit or pay to the State and the Secretary of Homeland Secu- (2) MATCHING FUNDS.—Any amount received Corporation any amount assessed by the Cor- rity to carry out subsection (c)(2).’’. by the Corporation from non-Federal sources poration under this Act. SEC. 8. RESEARCH PROGRAM. in fiscal year 2010, 2011, 2012, 2013, or 2014 that (2) ENFORCEMENT.—The Corporation may Title II of the International Travel Act of cannot be used to meet the matching re- bring suit in Federal court to compel compli- 1961 (22 U.S.C. 2121 et seq.), as amended by quirement under subsection (c)(1) for the fis- ance with an assessment levied by the Cor- section 7, is further amended by inserting cal year in which amount was collected may poration under this Act. after section 202 the following: be carried forward and treated as having (e) INVESTMENT OF FUNDS.—Pending dis- ‘‘SEC. 203. RESEARCH PROGRAM. been received in the succeeding fiscal year bursement pursuant to a program, plan, or ‘‘(a) IN GENERAL.—The Office of Travel and for purposes of meeting the matching re- project, the Corporation may invest funds Tourism Industries shall expand and con- quirement of subsection (c)(1) in such suc- collected through assessments, and any tinue its research and development activities ceeding fiscal year. other funds received by the Corporation, in connection with the promotion of inter- SEC. 5. TRAVEL PROMOTION FUND FEES. only in obligations of the United States or national travel to the United States, includ- Section 217(h)(3)(B) of the Immigration and any agency thereof, in general obligations of ing— Nationality Act (8 U.S.C. 1187(h)(3)(B)) is any State or any political subdivision there- ‘‘(1) expanding access to the official Mexi- amended to read as follows: of, in any interest-bearing account or certifi- can travel surveys data to provide the States ‘‘(B) FEES.— cate of deposit of a bank that is a member of with traveler characteristics and visitation ‘‘(i) IN GENERAL.—No later than September the Federal Reserve System, or in obliga- estimates for targeted marketing programs; 30, 2009, the Secretary of Homeland Security tions fully guaranteed as to principal and in- ‘‘(2) expanding the number of inbound air shall establish a fee for the use of the Sys- terest by the United States. tem and begin assessment and collection of travelers sampled by the Commerce Depart- SEC. 7. OFFICE OF TRAVEL PROMOTION. ment’s Survey of International Travelers to that fee. The initial fee shall be the sum of— Title II of the International Travel Act of ‘‘(I) $10 per travel authorization; and reach a 1 percent sample size and revising 1961 (22 U.S.C. 2121 et seq.) is amended by in- the design and format of questionnaires to ‘‘(II) an amount that will at least ensure serting after section 201 the following: recovery of the full costs of providing and accommodate a new survey instrument, im- ‘‘SEC. 202. OFFICE OF TRAVEL PROMOTION. administering the System, as determined by prove response rates to at least double the ‘‘(a) OFFICE ESTABLISHED.—There is estab- the Secretary. number of States and cities with reliable lished within the Department of Commerce ‘‘(ii) DISPOSITION OF AMOUNTS COLLECTED.— international visitor estimates and improve an office to be known as the Office of Travel Amounts collected under clause (i)(I) shall market coverage; Promotion. be credited to the Travel Promotion Fund es- ‘‘(3) developing estimates of international ‘‘(b) DIRECTOR.— tablished by section 4 of the Travel Pro- travel exports (expenditures) on a State-by- ‘‘(1) APPOINTMENT.—The Office shall be motion Act of 2009. Amounts collected under State basis to enable each State to compare headed by a Director who shall be appointed clause (i)(II) shall be transferred to the gen- its comparative position to national totals by the Secretary. eral fund of the Treasury and made available and other States; ‘‘(2) QUALIFICATIONS.—The Director shall to pay the costs incurred to administer the ‘‘(4) evaluate the success of the Corpora- be a citizen of the United States and have ex- System. tion in achieving its objectives and carrying perience in a field directly related to the ‘‘(iii) SUNSET OF TRAVEL PROMOTION FUND out the purposes of the Travel Promotion promotion of travel to and within the United FEE.—The Secretary may not collect the fee Act of 2009; and States. authorized by clause (i)(I) for fiscal years be- ‘‘(5) research to support the annual reports ‘‘(3) DUTIES.—The Director shall be respon- ginning after September 30, 2014.’’. required by section 202(d) of this Act. sible for ensuring the office is carrying out ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 6. ASSESSMENT AUTHORITY. its functions effectively and shall report to (a) IN GENERAL.—Except as otherwise pro- There are authorized to be appropriated to the Secretary. vided in this section, the Corporation may the Secretary of Commerce for fiscal years ‘‘(c) FUNCTIONS.—The Office shall— impose an annual assessment on United 2010 through 2014 such sums as may be nec- ‘‘(1) serve as liaison to the Corporation for States members of the international travel essary to carry out this section.’’. Travel Promotion established by section 2 of and tourism industry (other than those de- f scribed in section 2(b)(1)(C) or (H)) rep- the Travel Promotion Act of 2009 and sup- resented on the Board in proportion to their port and encourage the development of pro- EXECUTIVE SESSION share of the aggregate international travel grams to increase the number of inter- and tourism revenue of the industry. The national visitors to the United States for Corporation shall be responsible for business, leisure, educational, medical, ex- change, and other purposes; CASS R. SUNSTEIN TO BE ADMIN- verifying, implementing, and collecting the ISTRATOR OF THE OFFICE OF IN- assessment authorized by this section. ‘‘(2) work with the Corporation, the Sec- (b) INITIAL ASSESSMENT LIMITED.—The Cor- retary of State and the Secretary of Home- FORMATION AND REGULATORY poration may establish the initial assess- land Security— AFFAIRS, OFFICE OF MANAGE- ment after the date of enactment of the ‘‘(A) to disseminate information more ef- MENT AND BUDGET—Continued Travel and Tourism Promotion Act at no fectively to potential international visitors CLOTURE MOTION greater, in the aggregate, than $20,000,000. about documentation and procedures re- (c) REFERENDA.— quired for admission to the United States as The PRESIDING OFFICER. Under (1) IN GENERAL.—The Corporation may not a visitor; the previous order, the cloture motion impose an annual assessment unless— ‘‘(B) to ensure that arriving international having been presented under rule XXII, (A) the Corporation submits the proposed visitors are generally welcomed with accu- the Chair directs the clerk to read the annual assessment to members of the indus- rate information and in an inviting manner; motion. try in a referendum; and ‘‘(C) to collect accurate data on the total The legislative clerk read as follows: (B) the assessment is approved by a major- number of international visitors that visit ity of those voting in the referendum. each State; and CLOTURE MOTION (2) PROCEDURAL REQUIREMENTS.—In con- ‘‘(D) enhance the entry and departure expe- We, the undersigned Senators, in accord- ducting a referendum under this subsection, rience for international visitors through the ance with the provisions of rule XXII of the the Corporation shall— use of advertising, signage, and customer Standing Rules of the Senate, hereby move (A) provide written or electronic notice not service; and to bring to a close debate on the nomination less than 60 days before the date of the ref- ‘‘(3) support State, regional, and private of Cass R. Sunstein, of Massachusetts, to be erendum; sector initiatives to promote travel to and Administrator of the Office of Information (B) describe the proposed assessment or in- within the United States. and Regulatory Affairs, Office of Manage- crease and explain the reasons for the ref- ‘‘(d) REPORTS TO CONGRESS.—Within a year ment and Budget. erendum in the notice; and after the date of enactment of the Travel Harry Reid, Joseph I. Lieberman, Mark (C) determine the results of the referendum Promotion Act of 2009, and periodically Udall, Patrick J. Leahy, Daniel K. on the basis of weighted voting apportioned thereafter as appropriate, the Secretary Akaka, Richard Durbin, Sherrod according to each business entity’s relative shall transmit a report to the Senate Com- Brown, Patty Murray, Jeanne Shaheen, share of the aggregate annual United States mittee on Commerce, Science, and Transpor- John F. Kerry, Robert Menendez, Jack international travel and tourism revenue for tation, the Senate Committee on Homeland Reed, Mark Begich, Tom Harkin, Shel- the industry per business entity, treating all Security and Governmental Affairs, the Sen- don Whitehouse, Ron Wyden, Kirsten related entities as a single entity. ate Committee on Foreign Relations, the E. Gillibrand.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9173 The PRESIDING OFFICER. By unan- Nation’s great Federal employees. All for a quarter of a century, Christine imous consent, the mandatory quorum of us here, along with our colleagues in could have chosen to retire on dis- call has been waived. the House, have returned from a busy ability. The question is, Is it the sense of the work period. I know we, like all Ameri- However, she was determined to re- Senate that debate on the nomination cans, appreciate the extra day off we turn to work and keep serving the pub- of Cass R. Sunstein, of Massachusetts, had on Monday to rest and recharge, to lic. Christine engaged in a difficult to be Administrator of the Office of In- spend time with family, and to enjoy a course of physical, speech, and occupa- formation and Regulatory Affairs, Of- barbecue. It is important, though, not tional therapy. She returned to work fice of Management and Budget, shall to lose sight of what Labor Day rep- in 2007, and now serves as the lead sec- be brought to a close? resents. retary for the division chief—a job en- The yeas and nays are mandatory America was founded on the belief tailing great responsibility. under the rule. that if you work hard, you can achieve Despite lingering problems with The clerk will call the roll. your dream. When American workers The legislative clerk called the roll. speech and difficulty walking, Chris- The yeas and nays resulted—yeas 63, set themselves to a task, no challenge tine oversees the division’s payroll sys- nays 35, as follows: is too great. tem, personnel paperwork, and a num- Since the 19th century, Labor Day [Rollcall Vote No. 273 Ex.] ber of special assignments in addition has served as an opportunity to appre- YEAS—63 to her secretarial role. She has been ciate those who have made our econ- cited by her colleagues as disciplined Akaka Feinstein Merkley Baucus Franken Mikulski omy the strongest in the world. Even and cheerful, and she is truly one of Bayh Gillibrand Murray with the challenges we face on Wall the Labor Department’s unsung heroes. Begich Gregg Nelson (NE) Street and on Main Street, I remain The employees of the Department of Bennet Hagan Nelson (FL) confident in our economy precisely be- Bennett Harkin Reed Labor continually serve American Bingaman Hatch Reid cause of our great workers. workers by safeguarding their right to Boxer Inouye Rockefeller American workers built the canals a living wage and providing what our Brown Johnson Sanders and railroads that fueled the westward dear friend, the late Senator Ted Ken- Burris Kaufman Schumer expansion of our early years. They la- Byrd Kerry Shaheen nedy, called ‘‘hope that the price of Cantwell Klobuchar Snowe bored in those first industrial factories, their employment’’ is not ‘‘an unsafe Cardin Kohl Specter weaving textiles, smelting iron, and workplace and a death at an earlier Carper Landrieu Stabenow manufacturing new products. Our Casey Lautenberg Tester age.’’ Collins Leahy Udall (CO) workers electrified America’s cities I call on my colleagues and on all Conrad Levin Udall (NM) and made possible our soaring skylines. Americans to join me in honoring Dodd Lieberman Voinovich Whenever they were called upon to Christine Spicer and all of the out- Dorgan Lugar Warner serve, they laid down their tools and Durbin McCaskill Whitehouse standing public servants at our Depart- Feingold Menendez Wyden took up arms to defend liberty at home ment of Labor. and overseas. NAYS—35 Mr. President, I yield the floor and Today, our workers produce suggest the absence of a quorum. Alexander DeMint McConnell microchips, complex machine parts, Barrasso Ensign Murkowski The PRESIDING OFFICER. The and quality products sold in markets Bond Enzi Pryor clerk will call the roll. Brownback Graham worldwide. I know that American Risch The assistant legislative clerk pro- Bunning Grassley Roberts workers will continue to excel as we Burr Hutchison Sessions ceeded to call the roll. Chambliss Inhofe transition to a green economy. Shelby The history of labor in our country Mr. DURBIN. Mr. President, I ask Coburn Isakson Thune Cochran Johanns unanimous consent that the order for Vitter can be told through the stories of Corker Kyl the quorum call be rescinded. Webb Americans who have worked hard be- Cornyn Lincoln Wicker The PRESIDING OFFICER (Mr. BEN- Crapo McCain cause they dream of providing a decent life for themselves and their families. NET). Without objection, it is so or- The PRESIDING OFFICER. On this The great labor leader Samuel Gom- dered. vote, the yeas are 63, the nays are 35. pers, when asked what motivated Mr. DURBIN. Mr. President, I ask to Three-fifths of the Senators duly cho- American workers to organize for bet- speak as in morning business. sen and sworn having voted in the af- The PRESIDING OFFICER. Without firmative, the motion is agreed to. ter pay and conditions, said: We want more schoolhouses and less jails; objection, it is so ordered. LETTER OF RESIGNATION more books and less arsenals; more learning Mr. DURBIN. Mr. President, I rise The Chair lays before the Senate the and less vice; . . . in fact, more of the oppor- today to express my strong support for letter of resignation of Senator MEL tunities to cultivate our better natures. the nomination of Cass Sunstein from MARTINEZ of Florida. Chicago, IL, to be Administrator of the Without objection, the letter is It took American workers many dec- Office of Management and Budget, Of- deemed read and spread upon the Jour- ades to win fair wages and safe working fice of Information and Regulatory Af- nal. conditions. Today, the dedicated em- The letter follows. ployees of the Department of Labor fairs. It is a long title. But this office continue to ensure that American is critically important. It is the gate- U.S. SENATE, Washington, DC, September 2, 2009. workers are safe, treated fairly, and way for all the major Federal regu- Hon. JOSEPH R. BIDEN, JR., have access to employment opportuni- latory proposals that protect public President of the Senate, ties. This also includes a commitment health and the environment. Washington, DC. to protecting workers’ hard-won bene- The Administrator needs a dem- DEAR MR. PRESIDENT: I hereby give notice fits. onstrated record of impartiality and that I will retire from the Office of United The men and women of the Depart- openness. President Obama has made it States Senator for the State of Florida. I, clear that objective science will guide therefore, tender my resignation effective at ment’s Plan Benefits Security Division 5:00 p.m. on September 9, 2009. engage in legal proceedings to make his administration in their Federal Sincerely, certain that employees’ rights under rules and regulations. MEL MARTINEZ. retirement income security legislation Cass Sunstein is one of the Nation’s The PRESIDING OFFICER. The Sen- are upheld. It is a busy office, and its most respected legal scholars who has ator from Delaware. attorneys and staff work on behalf of shown a commitment to objective, evi- Mr. KAUFMAN. Mr. President, there our Nation’s labor force and retirees. dence-based regulation. Cass Sunstein is not a quorum call, is there? On July 4, 2006, Christine Spicer, who is a friend, he is a well-respected legal The PRESIDING OFFICER. There is had worked as a secretary in the divi- scholar, and he has taken insightful ap- not. sion for 25 years, suffered a debilitating proaches to analyzing public policy. He TRIBUTE TO CHRISTINE SPICER stroke. It left her hearing and sight im- has often proposed insightful ways to Mr. KAUFMAN. Mr. President, I rise paired and unable to walk. Unable to protect the public welfare, the environ- once again to speak about one of our perform the office tasks she had done ment, and worker safety.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9174 CONGRESSIONAL RECORD — SENATE September 9, 2009 Until he was nominated by President this year, will have created or saved The best predictor of whether a house Obama, he served as the Felix Frank- 750,000 jobs in just a few months. That could fall into foreclosure is whether furter professor of law at Harvard Uni- is one reason the number of jobs lost in the homeowner has positive equity. versity, where his research spanned ad- July was not as bad as other months. Homeowners with a financial stake in ministrative and constitutional law, Mr. President, $300 billion of the stim- keeping a home are far more likely to behavioral economics, environmental ulus money has been obligated or dis- save it. The bad news, according to law, and labor law. I know him best tributed through tax relief directly to Deutsche Bank, is 14 million home- from the 27 years he served as a mem- working families. Those who come to owners—over one-fourth of home bor- ber of the faculty of the University of the floor opposed to the President’s rowers in America—have negative eq- Chicago Law School, where he taught stimulus bill are opposing his proposal uity; that is, over one-fourth of all one of my sitting colleagues, Senator which gave tax relief to working fami- home borrowers are underwater with AMY KLOBUCHAR, the senior Senator lies. And $160 billion of that has al- negative equity, and 25 million home- from Minnesota, and was a teaching ready been spent, and more to follow, owners, half of them, will be under- colleague of the President of the giving those families a fighting chance water when the prices stabilize in the United States. to deal with the expenses of daily life. first quarter of 2011. Home equity fell He has also served as attorney-ad- In addition, the success of the recent $5.9 trillion between 2005 and the end of viser in the Office of Legal Counsel to Cash for Clunkers Program is expected 2008, likely to fall even further in 2009. the U.S. Department of Justice, law to create or save 42,000 jobs over the These families are at serious risk of clerked for Justice Benjamin Kaplan of second half of this year. We know this foreclosure. This is not a crisis that we the Supreme Court of Massachusetts, in Illinois because last week while I pass through. Sadly, it is a crisis we and clerked for Supreme Court Justice was home, while some of the political are living through and entering into a Thurgood Marshall. His academic cre- observers were criticizing cash for new phase. dentials are the best. clunkers, the Chrysler plant in One more problem: A new wave of His nomination has been endorsed by Belvidere, IL, announced it was going mortgages is coming up later this year. many groups and many Nobel Prize to bring back 850 employees and put These mortgages are facing a reset. winners and many former OIRA Ad- them to work because the stock and in- They are called option arms. They are ministrators. His professional record ventory of Chrysler products had been soon going to dwarf subprime loans in indicates he would use his knowledge depleted by this program. So don’t tell size. These loans allowed the borrowers and experience to develop and imple- me cash for clunkers did not breathe to pick what they wanted to pay each ment smart, objective Federal policies some life back into the automobile in- month, even if they wanted to pay less and regulations. dustry. There are 850 workers in than the principal amount owed. For- I am going to support him enthu- Belvidere, IL, who could tell you just get the interest. Under these terms you siastically. I believe he will be honest the opposite. didn’t even have to keep up with the in dealing with this critical office, an Unfortunately, many sparks of eco- principal payments. Of course, you office which is often hidden from the nomic regeneration are still being have to catch up when the initial reset public sight because it deals in the overwhelmed by the mutating disease hits. world of rules and regulations but one at the center of our economic ills. If Fitch Ratings estimates $134 billion which can have a great impact on the you remember, this recession really in option arms will reset in the next 2 future of this Nation. President Obama started in the housing market, and un- years, even as unemployment remains has chosen well. I hope the Senate will fortunately it continues to grow there. high. What began as a risky subprime endorse his choice. As I pointed out many times in this mortgage crisis has now morphed into THE ECONOMY Chamber, the economic crisis that a solid prime mortgage and crazy op- Mr. President, all of us understand began in the housing market is not tion-arm crisis. What began as an un- we are in the midst of a recession. It going to get better and is not going to derwriting problem is now an income has been known as the Great Reces- change until the housing markets in problem. What began as a rate reset sion, not as bad as the Great Depres- America stabilize. Families who are challenge is now also a negative equity sion, thank the Lord, but certainly not afraid they are going to lose their nightmare. your average run-of-the-mill economic homes to foreclosure will not buy If we want to turn this economy downturn. things they need. When families do not around, we must attack this problem Last week, the Labor Department re- buy things, companies do not make with everything we have. Imagine this ported that the unemployment rate has things and people are laid off. It is just financial sector which dreamed up reached 9.7 percent, the highest we that basic. Since 12 million people these ways of financing homes—luring have had in 25 years. I remember the could lose their homes to foreclosure people into homes that were way be- last time it was even higher because during this recession, there are a lot of yond them, now facing a recession and that was the year 1982 when I was people who could end up losing jobs, foreclosures on those same loans and elected to Congress and the economy of stop purchasing, creating even a deeper mortgages—has now refused to cooper- my State was in terrible shape. The un- recession. ate in dealing with this issue. They employment rate in Decatur, IL, where Here is the tough part of where we have washed their hands of it. They I was a candidate for Congress, was are right now. It is now because people have made their money and now they over 20 percent, and many communities are losing their jobs that they are los- want to walk away from it. had the same experience. I certainly ing their homes. It is a vicious cycle. Sadly, what we are doing now in this hope this situation does not deterio- According to the Mortgage Bankers As- country isn’t enough. Two years after rate to that level. There is evidence it sociation, 6 million loans were either the cruelly named Hope Now Alliance is starting to turn for the better. But past due or in foreclosure in the second was launched by then-Secretary of the 216,000 Americans lost jobs last month, quarter, the highest level ever recorded Treasury and the big banks, the re- which brings the total number of jobs in the United States of America. Near- sponse to this crisis is awful. As Con- lost since this recession started in De- ly one in eight borrowers is behind or gress has looked on with a hands-off at- cember of 2007 to 7 million Americans. in foreclosure, and well over half of titude, millions of our constituents Economists do not expect the job situa- these households in trouble are solid, have been thrown out on the street by tion to stabilize until next year. So sound borrowers. In Illinois, 14 per- the same banks that drove us into this this Labor Day was not a great day of cent—one out of seven mortgages is in economic ditch. I give credit to the celebration for working Americans trouble since the second quarter of this Obama administration for creating a worried about their jobs and worried year. And the scary part: we have not targeted program called the Home Af- about their income. peaked yet when it comes to the fore- fordable Modification Program which, There is some hope that the economy closure crisis. The reason? Millions of if implemented aggressively, could is starting to turn. The administration families are now underwater, meaning save at least some of the families at expects to report this week that the they owe more to the bank than their risk. But even this modest effort has stimulus bill, which we enacted earlier home’s value. been stymied by the absolute failure of

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I don’t think it is going Let me tell you what the data released I talked to him about his street be- to happen until the housing market by the Treasury Department this week cause right across the street from him stabilizes. If the banks will not help us tells us about this program which gave was an eyesore that no one would want get that done on their own, it is time money to banks to renegotiate mort- to wake up to every morning. It was a to consider something radical—a gages. Only 125,000 modifications under brand-new home built and abandoned change in the law. Where would be a this program were started last month about 2 years ago. It had been boarded good place to start with the change in by the mortgage servicers, even though up and vandalized. They had ripped out the law? How about the Senate? How nearly 3 million homeowners were eli- all the copper plumbing and anything about the Senate making the Bank- gible for these modifications. they could take out of it. It was a ruptcy Code so that a judge can say to Let me do the math—125,000 out of 3 home that, sadly, had become a haven that bank owning that home: Inciden- million. If I understand that correctly, for homeless people and vagrants, drug tally, the last stop in bankruptcy is my we are dealing roughly with 1⁄24th of activity, and gangs. Welcome to my courtroom. If you don’t sit down and those who were eligible for modifica- neighborhood. negotiate with that homeowner, who tion who actually got help. That is I thought about this poor man, who still has a job and still can make a pay- about 4 percent. had devoted his whole life to his little ment, this court is going to impose new Bank of America has started modi- home that he loved, and that he and terms in terms of principal and inter- fications with just 7 percent of their his wife were keeping so neat, now had est. homeowners that were eligible; Wells to look across the street to that mess Does that sound like a radical idea? Fargo, only 11 percent; American Home every morning for 2 straight years. It It is not radical if you are talking Mortgage Servicing has nearly 100,000 wasn’t the only home on the block. about a second home because the bank- troubled borrowers eligible for mort- Three doors down there was another ruptcy court can already do that. It is gage modification offers yet less than 1 one, all boarded up and falling apart; a not radical if you are talking about a percent of these borrowers have even few doors down the other direction, ex- vacation home because a bankruptcy received an offer. actly the same thing. court can already do it. But under our The situation is deplorable. If the I went through this area with a com- law they cannot touch that primary banks don’t start offering money and munity group called SWOP—Southwest residence. It is a bad idea, and as a re- modifications to these families, per- Organizing Project. They work with a sult the banks and their lobbyists have haps Congress needs to make the banks lot of churches and individuals trying prevailed twice on the floor of the Sen- some offers they can’t refuse. We have to keep people in their homes. I asked: ate. They rolled over this effort to re- tried this voluntary approach for too What is the problem? Well, they said, form, and they sit there and watch long and it has failed. The banks are we have some major banks that are America’s neighborhoods, America’s not voluntarily going to step up to this holding these mortgages in foreclosure communities, America’s towns and cit- responsibility of negotiating and re- and won’t lift a finger. ies deteriorating before our eyes. negotiating a mortgage so people can Deutsch Bank, you hear about Well, the lesson is clear for the stay in their homes. Maybe we should Deutsch Bank. Don’t they sponsor ten- Obama administration, for Secretary fine banks for not following the admin- nis or golf or something? I can’t keep Geithner, and others. Waiting for these istration’s plan rules. Maybe we should up with their image building. But I can banks to act voluntarily, to show good provide matching funds for States and tell you they are not building their faith in dealing with our foreclosure municipalities that decide to require image in this neighborhood in Chicago. crisis is not paying off. It is time for mandatory face-to-face arbitration be- They are nowhere to be found. They the Senate to step forward, show its tween a bank and a homeowner before are not even talking to these people own leadership when it comes to deal- a bank can ask for a foreclosure. about their homes. ing with this national housing crisis. Maybe we should ensure families have U.S. Bank out of Minnesota, another the right to rent their home after a situation, similar situation. We don’t f bank takes it over until the home can have buy-in by these banks to help be sold. And maybe we should look these families. They would much rath- MORNING BUSINESS again to changing the Bankruptcy er let these homes go into foreclosure— Code to allow judges to help families bank ownership, as they call it—and sit Mr. DURBIN. Mr. President, I ask save their primary loans. there rotting, destroying these good unanimous consent the Senate proceed This is called cram-down by its crit- neighborhoods in the city of Chicago, to a period for morning business, with ics, but it is a basic change in bank- bringing down the value of the homes Senators permitted to speak for up to ruptcy law, which I have brought to around them, creating crime havens for 10 minutes each. the floor of the Senate twice and lost. those who use these abandoned homes. The PRESIDING OFFICER. Without I lost because the banks said: Don’t They are nowhere to be found. objection, it is so ordered. worry about it, we are going to take What is the answer, Mr. President? care of this. They are not. The situa- The answer is we have asked these f tion is getting worse by the day. banks and many others to volunteer to Last week I was in Chicago and went solve the problem. Guess what. There COMMENDING THE SECRETARY OF to an area known as Marquette Park aren’t enough hands going up, not STATE on the south side of the city. I have enough banks volunteering. A few of Mr. FEINGOLD. Mr. President, I been visiting that neighborhood for them are starting to try, and I want to commend Secretary Clinton on her years. It has changed a lot. Originally give credit to Bank of America, which visit to Africa last month. Over 11 it was an area where many Lithuanian is working with SWOP and others to days, Secretary Clinton traveled to Americans settled. My mother was an try to renegotiate mortgages, but it is several of the most influential coun- immigrant from Lithuania, and I used still a halfhearted effort. They could do tries on the continent and directly ad- to take her there when she was alive. a lot more. dressed some of the most sensitive and We would go to the bakeries and res- I could go through the long list of critical issues facing them and their taurants, and it was a wonderful neigh- banks, including banks that I have neighbors. It was one of the most, if borhood. It has changed many times. It worked with in the past and thought not the most, ambitious trips by a Sec- is now primarily a Black and Hispanic pretty highly of. They aren’t getting retary of State to sub-Saharan Africa neighborhood. As you visit some of the involved. There is no reason for them in U.S. history. This trip, combined folks who have lived in that neighbor- to because our government and our with President Obama’s visit earlier

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9176 CONGRESSIONAL RECORD — SENATE September 9, 2009 this year to Ghana, sends a strong sig- can better coordinate our efforts to ad- the election commission. In addition, I nal that the administration is com- dress regional challenges, beginning am pleased that Secretary Clinton dis- mitted to making Africa not only a pri- with the situation in Zimbabwe. We cussed the unresolved crisis in the ority, but also an integral part of over- need to institutionalize such coordina- Niger Delta and pledged to review how all U.S. foreign policy. The challenge tion, while continuing to encourage we might better assist the govern- going forward is to sustain a high level South Africa to be a leader in human ment’s efforts to promote stability of engagement with each of the coun- rights and peacebuilding on the con- there. I look forward to working with tries that Secretary Clinton visited tinent. her as well in that regard. However, to and back up that engagement with re- Secretary Clinton’s next stop was be successful, the Nigerian government sources that can make a tangible dif- Angola, a country that is quickly be- must expand its current amnesty offer ference. coming an economic powerhouse and to a broader peace process that in- On her first stop in Kenya, I am glad regional leader. As Angola continues to cludes measures to address the that Secretary Clinton took a strong rebuild from decades of civil war, there marginalization and underdevelopment stand against extrajudicial killings, is a new openness to engaging with the of the region. corruption, and the continued failure United States, especially as the gov- Secretary Clinton traveled then to to prosecute those most responsible for ernment seeks to diversify their econ- Liberia, a country with which we have violence after the December 2007 elec- omy. I am pleased that Secretary Clin- historic ties. Secretary Clinton was tion. As Secretary Clinton said, these ton seized upon this potential by vis- right to highlight the progress that Li- conditions are holding Kenya back iting Angola and committed to a ‘‘com- beria has made since its civil war, from realizing its potential. Worse yet, prehensive strategic partnership.’’ She while also speaking frankly about the if these conditions persist, we could see agreed to expand our engagement not challenges that the country continues a renewal of violence, especially in the only in the areas of trade and agri- to face. I am glad that she chose to run-up to Kenya’s next elections set for culture, but also in health, education speak at the Liberian National Police 2012. Together with other international and governance. Governance is particu- Academy and pledged new funds for po- partners, we need to keep pressing Ken- larly important because while Angola lice training. While great strides have ya’s leaders to deliver on the reforms has taken some positive steps to in- been made in reforming Liberia’s mili- they have pledged, beginning with re- crease transparency and efficiency, tary, there is still great need to im- form of the police and judiciary. At the there is still a long way to go. To that prove the capacity and professionalism same time, we should prepare targeted end, I am especially glad that Sec- of its police force. In addition, Sec- assistance that can be provided as soon retary Clinton spoke to the Angolan retary Clinton focused on corruption as initial steps are taken toward those National Assembly about its role in de- and spoke directly about this in a reforms. The United States and Kenya manding accountability and trans- speech to the National Legislature. We have longstanding and historic ties, parency, and standing against corrup- need to continue to work with all parts and we need to help Kenyans get tion and abuses of power. We need to of the Liberian government to guard against corruption and other abuses, through this difficult period. continue to engage on these issues and both in their democratic process and in While in Nairobi, I am also pleased encourage Angola’s democratization its management of the country’s rich that Secretary Clinton focused on the process. dangerous situation in neighboring So- Secretary Clinton next traveled to natural resources, especially timber. Finally, Secretary Clinton visited malia and met with President Sheik the Democratic Republic of Congo, Cape Verde, a country that has made Sharif of Somalia’s beleaguered Transi- with a visit to the eastern city of great progress in terms of both eco- tional Federal Government, the TFG. I Goma. I applaud her for choosing to nomic growth and democratization. have long urged the Obama administra- focus on the crisis in the eastern Cape Verde provided a perfect backdrop tion to engage with Sharif at a high Congo, which has gone neglected for to reiterate the two major themes of level and I am glad that the adminis- too long despite its unrivaled human her trip: first, that America believes in tration is finally doing this, as well as toll and the unspeakable levels of sex- Africa’s promise, and second, that Afri- taking seriously the threat posed by al ual violence. Secretary Clinton com- ca’s future is ultimately in the hands Shebaab, an extremist group with ties mitted to new efforts to help prevent of Africans. Secretary Clinton deliv- to alQaida. However, going forward, we and respond to the high levels of gen- ered these messages powerfully and I cannot repeat the mistake of focusing der and sexual violence, while also rec- believe they can be the foundation for too narrowly on short-term gains in ognizing the need to address the root a new era of U.S. engagement and part- Somalia without a long-term strategy. causes of Congo’s crisis, including the nerships with Africa. The challenge As we help the TFG combat insurgents, exploitation of natural resources by going forward is to give substance to we simultaneously need to help it to armed groups. Taking action to address these words and the commitments that advance political reconciliation and de- those underlying causes is difficult, but were made throughout Secretary Clin- liver critically needed basic services. essential. Senators Brownback, Durbin ton’s trip. I look forward to working The TFG’s ultimate success rests on and I have introduced legislation that with her and the administration to do whether it can establish a viable gov- would commit the United States to do this. It will not by easy and it will re- ernment that is perceived as legitimate more on conflict minerals, and I look quire sustained engagement, greater and inclusive, representative of and re- forward to working with the adminis- diplomatic capacity, and new targeted sponsive to the Somali people. tration in this regard. I also look for- resources. But if we get this right, I Secretary Clinton traveled next to ward to working with the administra- strongly believe the benefits for Ameri- South Africa. Over recent years, our tion to help bring an end to the in- cans and Africans can be immense in relationship with South Africa has creasing violence by the Lord’s Resist- terms of our security and prosperity. cooled considerably, undermining our ance Army in northeastern Congo. f ability to coordinate and work to- Following Congo, Secretary Clinton’s gether on issues of mutual interest. next stop was Nigeria—a critically im- FETAL ALCOHOL SPECTRUM Yet I believe there is an opportunity portant country in sub-Saharan Africa DISORDER now to reverse that trend with our new and a strategic partner and major Ms. MURKOWSKI. Mr. President, I administration and South Africa’s new source of oil imports to the United rise today to honor this Wednesday, administration under President Jacob States. I continue to be very concerned September 9, National Fetal Alcohol Zuma. I am pleased that Secretary about the direction in which Nigeria is Spectrum Disorders Day which recog- Clinton seized upon that opportunity heading, especially with regards to cor- nizes those individuals born with a con- with her visit, committing to deep- ruption and the rule of law. I am glad tinuum of serious, life-long disorders ening and broadening our bilateral re- that Secretary Clinton touched on caused by prenatal exposure to alcohol, lationship in a range of areas from HIV these issues, and we must continue to which include fetal alcohol syndrome, prevention to nuclear nonproliferation press for meaningful reforms to en- alcohol-related neurodevelopmental to climate change. Moreover, she hance government transparency, ac- disorders, and alcohol-related birth de- talked with South Africa about how we countability and the independence of fects.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9177 Studies show that 50 percent of preg- who are affected by FASD get the Robert Takasugi was born in Ta- nancies in the United States are un- health, education, counseling and sup- coma, WA, on September 12, 1930, to planned and many women consume al- port services they need and deserve. We Japanese parents who had immigrated cohol before they realize they are preg- must also address the tragedy of FASD to the United States in search of a bet- nant, resulting in 40,000 children every at the source, by increasing awareness ter life. His family moved to Los Ange- year being born with fetal alcohol spec- that any amount of alcohol during les in 1942 in the wake of anti-Japanese trum disorders and subject to a life- pregnancy can have heartbreaking, sentiment following the Pearl Harbor time of cognitive and behavioral im- lifelong effects. We must work to en- attack. That same year, Robert and his pairments. Tragically, Alaska has the sure this is understood by all women of parents were sent to an internment highest rate of fetal alcohol spectrum childbearing age and that treatment camp at Tule Lake, CA, 3 of 130,000 disorders in the Nation. Among Alas- and counseling services are available Japanese Americans who were interned kan Native communities, the rate is 15 for these women. during the war. In the years since, times higher than non-Native areas in One of the most distressing facts re- Judge Takasugi often called the experi- the State. Prenatal alcohol exposure garding FASD is that it is entirely pre- ence ‘‘an education to be fair.’’ can result in low IQ and difficulties ventable. I have joined several of my After being released from the intern- with learning, memory, attention, and colleagues in the Senate to introduce a ment camp in 1945, Robert returned to problem-solving as well as impairment resolution designating September 9, Los Angeles where he resumed his of mental health and social inter- 2009, as National FASD Awareness Day. studies and graduated from Belmont actions. Prenatal alcohol exposure can It is my hope these efforts progress to- High School. He went on to earn a also result in growth retardation, birth ward global awareness of FASD and an bachelor’s degree from UCLA in 1953. defects involving the heart, kidney, vi- end to this destructive disease. Robert was then drafted into the U.S. sion and hearing, and a characteristic f Army during the Korean War, where he pattern of facial abnormalities. The served as a criminal investigator. Upon lifetime health costs for an individual ADDITIONAL STATEMENTS discharge, he went on to earn a law de- with fetal alcohol syndrome are esti- gree from USC in 1959 with the aid of mated at $1.4 million for medical care 50TH ANNIVERSARY OF NASCOE the G.I. bill. and treatment interventions. In the After graduating from USC, Robert United States, approximately $9.7 bil- ∑ Mr. ALEXANDER. Mr. President, joined his only Latino classmate, fu- lion is spent annually for individuals this year the National Association of ture Superior Court Judge Carlos afflicted with FASD, according to gov- Farm Service Agency County Office Velarde, and together they opened a ernment reports. Employees, NASCOE, is celebrating its law practice in East Los Angeles. The There is a great need for research, 50th anniversary. NASCOE was founded firm represented many indigent mi- surveillance, prevention, treatment, in Memphis, TN, in 1959 in an effort to norities, including arrestees from the and support services for individuals provide a nationwide association 1965 Watts riots, East Los Angeles with fetal alcohol spectrum disorders through which county committee em- riots, and other civil rights demonstra- and their families. It is for these rea- ployees of the Agricultural Stabiliza- tors in the 1960s. sons that I rise today to dedicate this tion and Conservation Service, ASCS, Robert’s first judicial appointment, Wednesday, September 9 as National could render better service to Amer- by then-Governor Ronald Reagan, land- Fetal Alcohol Spectrum Disorders Day. ican agriculture by having a national ed him on the Los Angeles Municipal All Americans are encouraged to pro- network for the exchange of ideas and Court in 1973. Two years later, then- mote awareness of the effects of pre- information and to facilitate closer co- Governor Jerry Brown promoted him natal exposure to alcohol; to increase operation in working toward solution to the Los Angeles County Superior compassion for individuals affected by of mutual problems. Court and in 1976, Judge Takasugi be- prenatal exposure to alcohol; to mini- In the USDA Reorganization Act of came the first Japanese American to be mize further effects of prenatal expo- 1994, Congress combined the ASCS, the appointed to the Federal bench after sure to alcohol; and most importantly Federal Crop Insurance Corporation, being named by President Gerald Ford. to bring greater awareness to a disease and the agricultural lending programs Throughout his career, Judge that is 100 percent preventable! of the Farmers Home Administration Takasugi was known for his fairness On behalf of the millions of individ- into a single Farm Service Agency. and compassion. In his spare time, he uals suffering from the lasting and det- Today, NASCOE continues to represent served as a mentor to thousands of rimental effects of fetal alcohol spec- the county office employees of the young lawyers. He founded a free bar trum disorders and advocates for elimi- ‘‘new’’ FSA. In Tennessee last year, 250 review course, which he taught from nating FASD, I encourage all Ameri- NASCOE employees provided valuable his living room for many years, for stu- cans to observe a moment of reflection assistance to 90,000 producers through a dents who were having trouble passing on the ninth hour of September 9, to wide range of Federal programs from the bar exam. In 1999, the Robert M. remember that during the 9 months of conservation to price support and Takasugi Public Interest Fellowship pregnancy a woman should not con- helped them cope in times of emer- was created by his colleague to honor sume any alcohol. gency and disaster. Judge Takasugi and ensure that his Mr. JOHNSON. Mr. President, today I I think we can all recognize the value courage and vision of equal justice are rise to recognize September 9, 2009, as of the local Farm Service Agency office carried out by generations to come. National Fetal Alcohol Spectrum Dis- to farmers and ranchers, and I com- Judge Takasugi was a trailblazer for orders Awareness Day. Fetal Alcohol mend NASCOE on its dedication to Asian Americans in the field of law. Spectrum Disorders, FASD, is an um- FSA county employees and the farmers His dedication to justice and equality brella term describing the varied range they serve. I congratulate NASCOE on was evident in everything that he did of alcohol-related birth defects that its 50th anniversary and hope that they throughout his 36-year judicial career may result from the use of alcohol dur- will continue to assist in conserving on the Federal bench. His many years ing pregnancy. The effects of this dis- and improving our Nation’s natural re- of service to the City and County of order may be mental, behavioral, and/ sources and agriculture industry.∑ Los Angeles, to the State of California, or involve learning disabilities. FASD f and to our Nation will not be forgot- is the leading known cause of prevent- ten. able cognitive impairment in America. REMEMBERING JUDGE ROBERT M. Judge Takasugi is survived by his It is estimated FASD affects 1 in 100 TAKASUGI wife Dorothy; his son Jon; his daughter live births each year. ∑ Mrs. BOXER. Mr. President, I take Lesli; and his two grandchildren. I ex- I have great concern about the im- this opportunity to honor the life of tend my deepest sympathies to his pact in South Dakota and across the Judge Robert M. Takasugi, the first family. country of FASD. We must move past Japanese American appointed to the Whether he was fighting for our the stigma of this devastating disease Federal bench. Judge Takasugi passed country or fighting for integrity and to truly help those and their families away on August 7, 2009, at the age of 78. equality under the law, Judge Robert

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When he left the Pen- 75TH ANNIVERSARY OF THE SAN the SFVAMC for the tremendous serv- tagon, he became President of Refugees FRANCISCO VA MEDICAL CENTER ice they have provided to our veterans International in 2001. ∑ Mrs. BOXER. Mr. President, I ask my since 1934, and offer my best wishes for Beneath his intellectual demeanor, colleagues to join me today in hon- many more successful years of deliv- Ken Bacon always had a sweet side. He oring the San Francisco VA Medical ering care and advancing medical re- fought for people displaced from their Center, SFVAMC, on the occasion of search. Please join me in celebrating homes by war, civil conflict, famine, its 75th anniversary. Since its official the 75th Anniversary of the SFVAMC.∑ and drought. This mission gave Bacon’s dedication on November 11, 1934, the f life new meaning, and it gave the ref- SFVAMC has been honoring America’s ugee community a very powerful cham- veterans by providing them with acces- REMEMBERING KENNETH BACON pion. sible, quality health care. Today the ∑ Mr. KERRY. Mr. President, as an ac- Ken Bacon’s stellar reputation, his center provides state-of-the-art med- complished journalist who served as influence in a city that depends on ical, neurological, surgical, and psy- spokesman for two Secretaries of De- known commodities, and his Pentagon chiatric care for the more than 310,000 fense, Ken Bacon crafted a unique and credentials proved to be enormously veterans living in northern California. forceful voice. helpful in calling attention to the Were it not for the leadership and Then, as President of Refugees Inter- plight of the powerless—including the persistence of Congresswoman Flor- national, he lent that voice to those humanitarian advocates who struggled ence P. Kahn, the SFVAMC might who needed it most. to be heard in official Washington. Ba- never have come to be. Congresswoman When he died last month, the power- con’s name and his voice lent legit- Kahn was the first Jewish woman to ful and the destitute alike lost a trust- imacy to causes too easily overlooked serve in the U.S. Congress, and the ed and beloved friend. by those accustomed to defining Amer- fifth woman ever to serve in Congress. Ken Bacon was famously bespec- ica’s mission abroad based on a very She was also the first woman to serve tacled, bow-tied, warm and whip-smart. narrow definition of our security and on the House Military Affairs Com- He was someone who commanded your our interests. Ken understood that our mittee. In 1930, Congresswoman Kahn respect and won your affection in equal shared humanity belonged at the very made an appeal to the Federal Board of measure. center of that conversation—and he Hospitalization—the precursor to the As a young intern, Bacon launched used his unique talents and energy to Veterans Administration—to build a his journalistic career with a front- ensure that it was. veterans hospital in San Francisco. At page Wall Street Journal story about a He saw the impressive effort to care the time, the only facility for veterans new car repair system that one me- for European refugees in the former in California was in Los Angeles. Con- chanic had called ‘‘the greatest thing Yugoslavia, and he wanted to ensure gresswoman Kahn recognized that vet- since girls.’’ In the decades that fol- that it became the rule worldwide—not erans in the northern part of the state lowed, he went on to cover the Federal the exception. Ken visited refugee were in dire need of services, and Reserve, the Securities and Exchange camps in forgotten corners of the worked tirelessly to garner support for Commission and the Pentagon. Bacon world, from Cambodia to Colombia. He building a medical center in San Fran- was also a talented editor who never wanted to make sure that no refugee— cisco. I would like to acknowledge and stopped writing on a dazzlingly wide anywhere slipped through the cracks. honor the work of Congresswoman array of topics, from banking reform to Ken Bacon was tireless. Essays, Kahn, as her efforts have ultimately a crack addict’s rehabilitation. In the speeches, press conferences, advocacy improved the lives of countless Amer- last months of his life, he also wrote he threw himself into his work and ref- ican veterans. movingly and pointedly about health ugees everywhere benefitted. Today the SFVAMC serves veterans care reform and his struggles with the Ken’s newsroom training and stra- in Marin, Napa, Sonoma, Lake, melanoma that eventually took his tegic thinking often put him ahead of Mendocino, Humboldt, San Mateo, and life. the curve. He sounded an early alarm San Francisco counties. The center op- Bacon’s conscientious work earned about the genocide in Darfur. He was erates five community-based out- the admiration of those he reported on. also a forceful champion for Iraqi refu- patient clinics that provide primary Defense Secretary William Perry fi- gees—first decrying our neglect, and and mental health care. These clinics nally convinced him to work from the then urging on our actions as the State offer a variety of services, including other side of the podium. Bacon was Department’s funding for Iraqi refugees those that place veterans in supportive unfailingly well-prepared, using the increased tenfold between 2006 and 2008. housing, provide case management, and same skills that made him a standout Our sympathies are with Darcy, offer individual and vocational coun- reporter to anticipate reporters’ ques- Ken’s wife of 43 years; with his daugh- seling. tions and offer satisfyingly detailed an- ters Sarah and Katherine, to whom he In addition to providing direct care, swers. was absolutely devoted, and with his the SFVAMC hosts some of the largest He excelled as a spokesman because father, brother and two grandchildren. funded research programs in the Vet- he never lost his respect for his former Ken Bacon gave voice to the voiceless. erans Health Administration. The Cen- colleagues or for the truth. When All who were fortunate enough to know ter for Imaging of Neurodegenerative things got tough, he did not revert to him will miss him greatly. Many who Diseases, for example, works to develop hollow spin or talking points designed never met him have benefitted from his treatments to prevent the development to misdirect. He was not interested in work, and many more will continue to and slow the progression of ‘‘gotcha games.’’ Ken Bacon became a do so. neurodegenerative diseases such as Alz- Pentagon spokesman because he be- Recently, Ken and his wife Darcy heimer’s, Parkinson’s, vascular demen- lieved he had an obligation to inform raised the seed money for a new Refu- tia, post traumatic stress disorder, gulf the public, and he took that duty seri- gees International center to address war illness, depression, and other con- ously. ‘‘the needs of the tens of millions ex- ditions associated with nerve loss in It was as Pentagon spokesman that pected to be displaced by climate the brain. Ken first encountered the problem that change.’’ The Ken and Darcy Bacon Thanks to the Center for Imaging would become his defining passion and Center for the Study of Climate Dis- Neurodegenerative Diseases, the the capstone on his life’s work. In 1999, placement will undoubtedly be a valu- SFVAMC’s three Medical Science Re- he visited a refugee camp during a trip able voice in raising attention to what

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9179 is poised to become a staggering ref- loss of Newton, NH, Deputy Fire Chief lives were taken too soon and their ugee crisis in the years to come. We David A. Baker. Following more than families remain in our hearts and pray- only wish that Ken were still with us five decades of distinguished public ers forever. I know that not even time to help us meet this new challenge. service, Deputy Baker lost his battle can lessen the emptiness and pain they In newsrooms and humanitarian or- with cancer. must feel. ganizations, in windswept tent cities Deputy Baker exemplified a life lived For them, and so many others—par- forgotten by most but never forsaken for others. His devotion to the greater ents and children, brothers, sisters, and by Ken, an exceptional, exemplary life Newton community could be seen fol- friends, loved ones who died so need- is being retold, mourned, and cele- lowing the crippling ice storm of De- lessly—we pledge to keep our people brated.∑ cember 2008. Despite suffering from se- safe, make our country stronger than f vere pain caused by his yet to be dis- ever before, and honor their memories covered cancer, Deputy Baker was in- always.∑ CONGRATULATING MARK DAVIS strumental in coordinating efforts to f ∑ Mr. LIEBERMAN. Mr. President, I help his community respond and re- MESSAGES FROM THE PRESIDENT would like to offer my sincere con- cover from this major natural disaster. gratulations to Mr. Mark Davis of Deputy Baker’s service can be nei- Messages from the President of the Granby, CT, for his 25 years of service ther overstated nor limited to his work United States were communicated to in television news on WTNH Channel 8 with the Newton Fire Department. the Senate by Mr. Williams, one of his in Connecticut. Mark has been ‘‘on the During the summer, Deputy Baker, secretaries. air’’ throughout our State in a variety who also owned a successful tree serv- f of capacities over the years, and we ice business, would close his business EXECUTIVE MESSAGES REFERRED honor him today for his generous spirit to help fight wildfires across the and his impeccable commitment to im- United States and Canada in his capac- As in executive session the Presiding partial and informative journalism. ity as a western wildland firefighter. Officer laid before the Senate messages With more than 35 years of broad- Additionally, he served his State and from the President of the United casting experience, Mark has taken an country as a member of the National States submitting sundry nominations evenhanded approach to the news that Guard in his younger days. and a treaty which were referred to the he delivers with the kind of ‘‘plain Deputy Baker was always eager to appropriate committees. talk’’ that engages a broad audience share his loves of fire service and for- (The nominations received today are across our State. Mark made his first estry with others. He would often sac- printed at the end of the Senate pro- splash in Connecticut with his ac- rifice his own time for the benefit of ceedings.) claimed radio show ‘‘Dial Mark Davis’’ others. You could often find him help- f and later as the host of Connecticut’s ing students study for an exam or PRESIDENT’S ADDRESS DELIV- first morning news show, ‘‘Good Morn- teaching a class on fire attack. Deputy ERED TO A JOINT SESSION OF ing Connecticut.’’ He has been awarded Baker’s role as a mentor was some- CONGRESS ON SEPTEMBER 9, 2009 several Emmys throughout his career thing he held in high esteem, and by RELATIVE TO HEALTH CARE and each stands as a testament to his the number of firefighters and uni- LEGISLATION—PM29 talent and hard work. formed personnel who attended his fu- The PRESIDING OFFICER laid be- Mark has said one of his favorite neral, it is clear that others also had a fore the Senate the following message quotes of all time comes from U.S. Su- great deal of respect for what he ac- from the President of the United preme Court Justice, Oliver Wendell complished. States which was which was ordered to Holmes, who said that so much in life New Hampshire is proud of citizens lie on the table: is more nuanced than it seems because such as Deputy Chief David Baker, and it is ‘‘determined by the majority and his countless actions are worthy of this To the Congress of the United States: subject to change.’’ This attitude cap- distinction. He will be missed dearly by When I spoke here last winter, this tures, in many ways, what makes all those who knew him, and his gen- Nation was facing the worst economic Mark’s reporting fresh and relevant: erosity will be missed by all. crisis since the Great Depression. We though we live in a world where con- I ask my colleagues to join me and were losing an average of 700,000 jobs stant and often polarized judgments all Americans in honoring Newton, NH, per month. Credit was frozen. And our are made, in the end, nearly everyone Deputy Fire Chief David A. Baker.∑ financial system was on the verge of and everything is subject to change. f collapse. Mark’s careful and nuanced presen- As any American who is still looking tation of the news reminds us of this REMEMBERING SEPTEMBER 11, 2001 for work or a way to pay their bills will important lesson. ∑ Mr. ROCKEFELLER. Mr. President, tell you, we are by no means out of the Mark Davis is a fairminded and even- 8 years since one of the most dev- woods. A full and vibrant recovery is handed journalist. That is one big rea- astating attacks in our Nation’s his- many months away. And I will not let son why Connecticut citizens have tory, we still feel the pain and horror up until those Americans who seek jobs named him the best television reporter of that terrible day. We will never for- can find them; until those businesses in the State, according to Connecticut get the nearly 3,000 lives lost on Sep- that seek capital and credit can thrive; Magazine. Mark understands, as the tember 11, 2001, innocent victims of a until all responsible homeowners can best journalists do, that to be a jour- heinous and cowardly terrorist attack stay in their homes. That is our ulti- nalist is to bear witness, and that is no on our country. We will be forever mate goal. But thanks to the bold and easy task. grateful to the countless first respond- decisive action we have taken since Mark has a special place in the ers and fire fighters who courageously January, I can stand here with con- hearts and minds of Connecticut citi- risked their lives to save so many. fidence and say that we have pulled zens. He performs an essential service In the wake of such a horrific trag- this economy back from the brink. that is essential to our democratic and edy, we came together to share our loss I want to thank the members of this liberal society. I am proud to have and seek a greater purpose. Our Nation body for your efforts and your support worked with Mark over the years, to was founded on the most enduring val- in these last several months, and espe- have shared many of the big moments ues of freedom, liberty, and oppor- cially those who have taken the dif- of my career with him, and now to tunity that have made us resilient dur- ficult votes that have put us on a path thank and honor him for his continued ing even the greatest trials. We must to recovery. I also want to thank the service to Connecticut.∑ continue to call on that great strength American people for their patience and f today, even as we continue to grieve resolve during this trying time for our for those we lost. Nation. REMEMBERING DAVID A. BAKER In West Virginia, we remember Dr. But we did not come here just to ∑ Mrs. SHAHEEN. Mr. President, I Paul Ambrose of Barboursville and clean up crises. We came to build a fu- wish to express my sympathy over the Mary Lou Hague of Parkersburg. Their ture. So tonight, I return to speak to

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It has now been nearly a sons that insurance premiums have But what we have also seen in these century since Theodore Roosevelt first gone up three times faster than wages. last months is the same partisan spec- called for health care reform. And ever It’s why so many employers—espe- tacle that only hardens the disdain since, nearly every President and Con- cially small businesses—are forcing many Americans have toward their gress, whether Democrat or Repub- their employees to pay more for insur- own government. Instead of honest de- lican, has attempted to meet this chal- ance, or are dropping their coverage bate, we have seen scare tactics. Some lenge in some way. A bill for com- entirely. It’s why so many aspiring en- have dug into unyielding ideological prehensive health reform was first in- trepreneurs cannot afford to open a camps that offer no hope of com- troduced by John Dingell Sr. in 1943. business in the first place, and why promise. Too many have used this as Sixty-five years later, his son con- American businesses that compete an opportunity to score short-term po- tinues to introduce that same bill at internationally—like our automakers— litical points, even if it robs the coun- the beginning of each session. are at a huge disadvantage. And it’s try of our opportunity to solve a long- Our collective failure to meet this why those of us with health insurance term challenge. And out of this bliz- challenge—year after year, decade are also paying a hidden and growing zard of charges and counter-charges, after decade—has led us to a breaking tax for those without it—about $1000 confusion has reigned. point. Everyone understands the ex- per year that pays for somebody else’s Well the time for bickering is over. traordinary hardships that are placed emergency room and charitable care. The time for games has passed. Now is on the uninsured, who live every day Finally, our health care system is the season for action. Now is when we just one accident or illness away from placing an unsustainable burden on must bring the best ideas of both par- bankruptcy. These are not primarily taxpayers. When health care costs grow ties together and show the American people on welfare. These are middle- at the rate they have, it puts greater people that we can still do what we class Americans. Some can’t get insur- pressure on programs like Medicare were sent here to do. Now is the time ance on the job. Others are self-em- and Medicaid. If we do nothing to slow to deliver on health care. ployed, and can’t afford it, since buy- these skyrocketing costs, we will even- The plan I’m announcing tonight ing insurance on your own costs you tually be spending more on Medicare would meet three basic goals: three times as much as the coverage and Medicaid than every other govern- It will provide more security and sta- you get from your employer. Many ment program combined. Put simply, bility to those who have health insur- other Americans who are willing and our health care problem is our deficit ance. It will provide insurance to those able to pay are still denied insurance problem. Nothing else even comes who don’t. And it will slow the growth due to previous illnesses or conditions close. of health care costs for our families, that insurance companies decide are These are the facts. Nobody disputes our businesses, and our government. too risky or expensive to cover. them. We know we must reform this It’s a plan that asks everyone to take We are the only advanced democracy system. The question is how. responsibility for meeting this chal- on Earth—the only wealthy nation— There are those on the left who be- lenge—not just government and insur- that allows such hardships for millions lieve that the only way to fix the sys- ance companies, but employers and in- of its people. There are now more than tem is through a single-payer system dividuals. And it’s a plan that incor- 30 million American citizens who can- like Canada’s, where we would severely porates ideas from Senators and Con- not get coverage. In just a 2-year pe- restrict the private insurance market gressmen; from Democrats and Repub- riod, one in every three Americans goes and have the government provide cov- licans—and yes, from some of my oppo- without health care coverage at some erage for everyone. On the right, there nents in both the primary and general point. And every day, 14,000 Americans are those who argue that we should end election. lose their coverage. In other words, it the employer-based system and leave Here are the details that every Amer- can happen to anyone. individuals to buy health insurance on ican needs to know about this plan: But the problem that plagues the their own. First, if you are among the hundreds health care system is not just a prob- I have to say that there are argu- of millions of Americans who already lem of the uninsured. Those who do ments to be made for both approaches. have health insurance through your have insurance have never had less se- But either one would represent a rad- job, Medicare, Medicaid, or the VA, curity and stability than they do ical shift that would disrupt the health nothing in this plan will require you or today. More and more Americans care most people currently have. Since your employer to change the coverage worry that if you move, lose your job, health care represents one-sixth of our or the doctor you have. Let me repeat or change your job, you’ll lose your economy, I believe it makes more sense this: nothing in our plan requires you health insurance too. More and more to build on what works and fix what to change what you have. Americans pay their premiums, only to doesn’t, rather than try to build an en- What this plan will do is to make the discover that their insurance company tirely new system from scratch. And insurance you have work better for has dropped their coverage when they that is precisely what those of you in you. Under this plan, it will be against get sick, or won’t pay the full cost of Congress have tried to do over the past the law for insurance companies to care. It happens every day. several months. deny you coverage because of a pre-ex- One man from Illinois lost his cov- During that time, we have seen isting condition. As soon as I sign this erage in the middle of chemotherapy Washington at its best and its worst. bill, it will be against the law for insur- because his insurer found that he We have seen many in this chamber ance companies to drop your coverage hadn’t reported gallstones that he work tirelessly for the better part of when you get sick or water it down didn’t even know about. They delayed this year to offer thoughtful ideas when you need it most. They will no his treatment, and he died because of about how to achieve reform. Of the longer be able to place some arbitrary it. Another woman from Texas was five committees asked to develop bills, cap on the amount of coverage you can about to get a double mastectomy four have completed their work, and receive in a given year or a lifetime. when her insurance company canceled the Senate Finance Committee an- We will place a limit on how much you her policy because she forgot to declare nounced today that it will move for- can be charged for out-of-pocket ex- a case of acne. By the time she had her ward next week. That has never hap- penses, because in the United States of insurance reinstated, her breast cancer pened before. Our overall efforts have America, no one should go broke be- more than doubled in size. That is been supported by an unprecedented cause they get sick. And insurance heart-breaking, it is wrong, and no one coalition of doctors and nurses; hos- companies will be required to cover, should be treated that way in the pitals, seniors’ groups and even drug with no extra charge, routine checkups United States of America. companies—many of whom opposed re- and preventive care, like mammograms

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9181 and colonoscopies—because there’s no insurance companies to cover pre- tunately, in 34 States, 75% of the insur- reason we shouldn’t be catching dis- existing conditions—just can’t be ance market is controlled by five or eases like breast cancer and colon can- achieved. fewer companies. In Alabama, almost cer before they get worse. That makes That’s why under my plan, individ- 90% is controlled by just one company. sense, it saves money, and it saves uals will be required to carry basic Without competition, the price of in- lives. health insurance—just as most States surance goes up and the quality goes That’s what Americans who have require you to carry auto insurance. down. And it makes it easier for insur- health insurance can expect from this Likewise, businesses will be required to ance companies to treat their cus- plan—more security and stability. either offer their workers health care, tomers badly—by cherry-picking the Now, if you’re one of the tens of mil- or chip in to help cover the cost of healthiest individuals and trying to lions of Americans who don’t currently their workers. There will be a hardship drop the sickest; by overcharging small have health insurance, the second part waiver for those individuals who still businesses who have no leverage; and of this plan will finally offer you qual- cannot afford coverage, and 95% of all by jacking up rates. ity, affordable choices. If you lose your small businesses, because of their size Insurance executives don’t do this be- job or change your job, you will be able and narrow profit margin, would be ex- cause they are bad people. They do it to get coverage. If you strike out on empt from these requirements. But we because it’s profitable. As one former your own and start a small business, cannot have large businesses and indi- insurance executive testified before you will be able to get coverage. We viduals who can afford coverage game Congress, insurance companies are not will do this by creating a new insur- the system by avoiding responsibility only encouraged to find reasons to drop ance exchange—a marketplace where to themselves or their employees. Im- the seriously ill; they are rewarded for individuals and small businesses will proving our health care system only it. All of this is in service of meeting be able to shop for health insurance at works if everybody does their part. what this former executive called competitive prices. Insurance compa- While there remain some significant ‘‘Wall Street’s relentless profit expec- nies will have an incentive to partici- details to be ironed out, I believe a tations.’’ pate in this exchange because it lets broad consensus exists for the aspects Now, I have no interest in putting in- them compete for millions of new cus- of the plan I just outlined: consumer surance companies out of business. tomers. As one big group, these cus- protections for those with insurance, They provide a legitimate service, and tomers will have greater leverage to an exchange that allows individuals employ a lot of our friends and neigh- bargain with the insurance companies and small businesses to purchase af- bors. I just want to hold them account- for better prices and quality coverage. fordable coverage, and a requirement able. The insurance reforms that I’ve This is how large companies and gov- that people who can afford insurance already mentioned would do just that. ernment employees get affordable in- get insurance. But an additional step we can take to surance. It’s how everyone in this Con- And I have no doubt that these re- keep insurance companies honest is by gress gets affordable insurance. And forms would greatly benefit Americans making a not-for-profit public option it’s time to give every American the from all walks of life, as well as the available in the insurance exchange. same opportunity that we’ve given our- economy as a whole. Still, given all the Let me be clear—it would only be an selves. misinformation that’s been spread over option for those who don’t have insur- For those individuals and small busi- the past few months, I realize that ance. No one would be forced to choose nesses who still cannot afford the many Americans have grown nervous it, and it would not impact those of lower-priced insurance available in the about reform. So tonight I’d like to ad- you who already have insurance. In exchange, we will provide tax credits, dress some of the key controversies fact, based on Congressional Budget Of- the size of which will be based on your that are still out there. fice estimates, we believe that less need. And all insurance companies that Some of people’s concerns have than 5% of Americans would sign up. want access to this new marketplace grown out of bogus claims spread by Despite all this, the insurance com- will have to abide by the consumer pro- those whose only agenda is to kill re- panies and their allies don’t like this tections I already mentioned. This ex- form at any cost. The best example is idea. They argue that these private change will take effect in 4 years, the claim, made not just by radio and companies can’t fairly compete with which will give us time to do it right. cable talk show hosts, but prominent the government. And they’d be right if In the meantime, for those Americans politicians, that we plan to set up pan- taxpayers were subsidizing this public who can’t get insurance today because els of bureaucrats with the power to insurance option. But they won’t be. I they have pre-existing medical condi- kill off senior citizens. Such a charge have insisted that like any private in- tions, we will immediately offer low- would be laughable if it weren’t so cyn- surance company, the public insurance cost coverage that will protect you ical and irresponsible. It is a lie, plain option would have to be self-sufficient against financial ruin if you become se- and simple. and rely on the premiums it collects. riously ill. This was a good idea when There are also those who claim that But by avoiding some of the overhead Senator JOHN MCCAIN proposed it in our reform effort will insure illegal im- that gets eaten up at private compa- the campaign, it’s a good idea now, and migrants. This, too, is false—the re- nies by profits, excessive administra- we should embrace it. forms I’m proposing would not apply to tive costs, and executive salaries, it Now, even if we provide these afford- those who are here illegally. And one could provide a good deal for con- able options, there may be those—par- more misunderstanding I want to clear sumers. It would also keep pressure on ticularly the young and healthy—who up—under our plan, no Federal dollars private insurers to keep their policies still want to take the risk and go with- will be used to fund abortions, and Fed- affordable and treat their customers out coverage. There may still be com- eral conscience laws will remain in better, the same way public colleges panies that refuse to do right by their place. and universities provide additional workers. The problem is, such irrespon- My health care proposal has also choice and competition to students sible behavior costs all the rest of us been attacked by some who oppose re- without in any way inhibiting a vi- money. If there are affordable options form as a ‘‘government takeover’’ of brant system of private colleges and and people still don’t sign up for health the entire health care system. As universities. insurance, it means we pay for those proof, critics point to a provision in It’s worth noting that a strong ma- people’s expensive emergency room vis- our plan that allows the uninsured and jority of Americans still favor a public its. If some businesses don’t provide small businesses to choose a publicly- insurance option of the sort I’ve pro- workers health care, it forces the rest sponsored insurance option, adminis- posed tonight. But its impact shouldn’t of us to pick up the tab when their tered by the government just like Med- be exaggerated—by the left, the right, workers get sick, and gives those busi- icaid or Medicare. or the media. It is only one part of my nesses an unfair advantage over their So let me set the record straight. My plan, and should not be used as a handy competitors. And unless everybody guiding principle is, and always has excuse for the usual Washington ideo- does their part, many of the insurance been, that consumers do better when logical battles. To my progressive reforms we seek—especially requiring there is choice and competition. Unfor- friends, I would remind you that for

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9182 CONGRESSIONAL RECORD — SENATE September 9, 2009 decades, the driving idea behind reform warranted subsidies in Medicare that onstration projects in individual States has been to end insurance company go to insurance companies—subsidies to test these issues. It’s a good idea, abuses and make coverage affordable that do everything to pad their profits and I am directing my Secretary of for those without it. The public option and nothing to improve your care. And Health and Human Services to move is only a means to that end—and we we will also create an independent forward on this initiative today. should remain open to other ideas that commission of doctors and medical ex- Add it all up, and the plan I’m pro- accomplish our ultimate goal. And to perts charged with identifying more posing will cost around $900 billion my Republican friends, I say that rath- waste in the years ahead. over 10 years—less than we have spent er than making wild claims about a These steps will ensure that you— on the Iraq and Afghanistan wars, and government takeover of health care, America’s seniors—get the benefits less than the tax cuts for the wealthi- we should work together to address you’ve been promised. They will ensure est few Americans that Congress any legitimate concerns you may have. that Medicare is there for future gen- passed at the beginning of the previous For example, some have suggested erations. And we can use some of the administration. Most of these costs that the public option go into effect savings to fill the gap in coverage that will be paid for with money already only in those markets where insurance forces too many seniors to pay thou- being spent—but spent badly—in the companies are not providing affordable sands of dollars a year out of their own existing health care system. The plan policies. Others propose a co-op or an- pocket for prescription drugs. That’s will not add to our deficit. The middle- other non-profit entity to administer what this plan will do for you. So don’t class will realize greater security, not the plan. These are all constructive pay attention to those scary stories higher taxes. And if we are able to slow ideas worth exploring. But I will not about how your benefits will be cut— the growth of health care costs by just back down on the basic principle that especially since some of the same folks one-tenth of one percent each year, it if Americans can’t find affordable cov- who are spreading these tall tales have will actually reduce the deficit by $4 erage, we will provide you with a fought against Medicare in the past, trillion over the long term. choice. And I will make sure that no and just this year supported a budget This is the plan I’m proposing. It’s a government bureaucrat or insurance that would have essentially turned plan that incorporates ideas from company bureaucrat gets between you Medicare into a privatized voucher pro- many of the people in this room to- and the care that you need. gram. That will never happen on my night—Democrats and Republicans. Finally, let me discuss an issue that watch. I will protect Medicare. And I will continue to seek common is a great concern to me, to members of Now, because Medicare is such a big ground in the weeks ahead. If you come this chamber, and to the public—and part of the health care system, making to me with a serious set of proposals, I that is how we pay for this plan. the program more efficient can help will be there to listen. My door is al- Here’s what you need to know. First, usher in changes in the way we deliver ways open. I will not sign a plan that adds one health care that can reduce costs for But know this: I will not waste time dime to our deficits—either now or in everybody. We have long known that with those who have made the calcula- the future. Period. And to prove that some places, like the Intermountain tion that it’s better politics to kill this I’m serious, there will be a provision in Healthcare in Utah or the Geisinger plan than improve it. I will not stand this plan that requires us to come for- Health System in rural Pennsylvania, by while the special interests use the ward with more spending cuts if the offer high-quality care at costs below same old tactics to keep things exactly savings we promised don’t materialize. average. The commission can help en- the way they are. If you misrepresent Part of the reason I faced a trillion dol- courage the adoption of these common- what’s in the plan, we will call you out. lar deficit when I walked in the door of sense best practices by doctors and And I will not accept the status quo as the White House is because too many medical professionals throughout the a solution. Not this time. Not now. initiatives over the last decade were system—everything from reducing hos- Everyone in this room knows what not paid for—from the Iraq War to tax pital infection rates to encouraging will happen if we do nothing. Our def- breaks for the wealthy. I will not make better coordination between teams of icit will grow. More families will go that same mistake with health care. doctors. bankrupt. More businesses will close. Second, we’ve estimated that most of Reducing the waste and inefficiency More Americans will lose their cov- this plan can be paid for by finding sav- in Medicare and Medicaid will pay for erage when they are sick and need it ings within the existing health care most of this plan. Much of the rest most. And more will die as a result. We system—a system that is currently full would be paid for with revenues from know these things to be true. of waste and abuse. Right now, too the very same drug and insurance com- That is why we cannot fail. Because much of the hard-earned savings and panies that stand to benefit from tens there are too many Americans count- tax dollars we spend on health care of millions of new customers. This re- ing on us to succeed—the ones who suf- doesn’t make us healthier. That’s not form will charge insurance companies fer silently, and the ones who shared my judgment—it’s the judgment of a fee for their most expensive policies, their stories with us at town hall meet- medical professionals across this coun- which will encourage them to provide ings, in emails, and in letters. try. And this is also true when it comes greater value for the money—an idea I received one of those letters a few to Medicare and Medicaid. which has the support of Democratic days ago. It was from our beloved In fact, I want to speak directly to and Republican experts. And according friend and colleague, Ted Kennedy. He America’s seniors for a moment, be- to these same experts, this modest had written it back in May, shortly cause Medicare is another issue that’s change could help hold down the cost after he was told that his illness was been subjected to demagoguery and dis- of health care for all of us in the long- terminal. He asked that it be delivered tortion during the course of this de- run. upon his death. bate. Finally, many in this chamber—par- In it, he spoke about what a happy More than 4 decades ago, this Nation ticularly on the Republican side of the time his last months were, thanks to stood up for the principle that after a aisle—have long insisted that reform- the love and support of family and lifetime of hard work, our seniors ing our medical malpractice laws can friends, his wife, Vicki, and his chil- should not be left to struggle with a help bring down the cost of health care. dren, who are here tonight. And he ex- pile of medical bills in their later I don’t believe malpractice reform is a pressed confidence that this would be years. That is how Medicare was born. silver bullet, but I have talked to the year that health care reform— And it remains a sacred trust that enough doctors to know that defensive ‘‘that great unfinished business of our must be passed down from one genera- medicine may be contributing to un- society,’’ he called it—would finally tion to the next. That is why not a dol- necessary costs. So I am proposing that pass. He repeated the truth that health lar of the Medicare trust fund will be we move forward on a range of ideas care is decisive for our future pros- used to pay for this plan. about how to put patient safety first perity, but he also reminded me that The only thing this plan would elimi- and let doctors focus on practicing ‘‘it concerns more than material nate is the hundreds of billions of dol- medicine. I know that the Bush Admin- things.’’ ‘‘What we face,’’ he wrote, ‘‘is lars in waste and fraud, as well as un- istration considered authorizing dem- above all a moral issue; at stake are

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9183 not just the details of policy, but fun- You see, our predecessors understood System lands in the Mendocino National damental principles of social justice that government could not, and should Forest in the State of California, and for and the character of our country.’’ not, solve every problem. They under- other purposes. I’ve thought about that phrase quite H.R. 1287. An act to authorize the Sec- stood that there are instances when retary of the Interior to enter into a partner- a bit in recent days—the character of the gains in security from government ship with the Porter County Convention, our country. One of the unique and action are not worth the added con- Recreation and Visitor Commission regard- wonderful things about America has al- straints on our freedom. But they also ing the use of the Dorothy Buell Memorial ways been our self-reliance, our rugged understood that the danger of too Visitor Center as a visitor center for the In- individualism, our fierce defense of much government is matched by the diana Dunes National Lakeshore, and for freedom, and our healthy skepticism of perils of too little; that without the other purposes. government. And figuring out the ap- H.R. 1345. An act to amend title 5, United leavening hand of wise policy, markets States Code, to eliminate the discriminatory propriate size and role of government can crash, monopolies can stifle com- treatment of the District of Columbia under has always been a source of rigorous petition, and the vulnerable can be ex- the provisions of law commonly referred to and sometimes angry debate. ploited. And they knew that when any as the ‘‘Hatch Act’’. For some of Ted Kennedy’s critics, government measure, no matter how H.R. 1858. An act to provide for a boundary his brand of liberalism represented an carefully crafted or beneficial, is sub- adjustment and land conveyances involving affront to American liberty. In their ject to scorn; when any efforts to help Roosevelt National Forest, Colorado, to cor- rect the effects of an erroneous land survey mind, his passion for universal health people in need are attacked as un- care was nothing more than a passion that resulted in approximately 7 acres of the American; when facts and reason are Crystal Lakes Subdivision, Ninth Filing, en- for big government. thrown overboard and only timidity croaching on National Forest System land, But those of us who know Teddy and passes for wisdom, and we can no and for other purposes. worked with him here—people of both longer even engage in a civil conversa- H.R. 2004. An act to designate the facility parties—know that what drove him tion with each other over the things of the United States Postal Service located was something more. His friend, ORRIN that truly matter—that at that point at 4282 Beach Street in Akron, Michigan, as the ‘‘Akron Veterans Memorial Post Office’’. HATCH, knows that. They worked to- we don’t merely lose our capacity to gether to provide children with health H.R. 2760. An act to designate the facility solve big challenges. We lose some- of the United States Postal Service located insurance. His friend JOHN MCCAIN thing essential about ourselves. at 1615 North Wilcox Avenue in Los Angeles, knows that. They worked together on a What was true then remains true California, as the ‘‘Johnny Grant Hollywood Patient’s Bill of Rights. His friend today. I understand how difficult this Post Office Building.’’ CHUCK GRASSLEY knows that. They health care debate has been. I know The message further announced that worked together to provide health care that many in this country are deeply pursuant to section 112 of the Clean Air to children with disabilities. skeptical that government is looking Act (42 U.S.C. 7412), and the order of On issues like these, Ted Kennedy’s out for them. I understand that the po- the House of January 6, 2009, the passion was born not of some rigid ide- litically safe move would be to kick Speaker appoints the following mem- ology, but of his own experience. It was the can further down the road—to defer bers on the part of the House of Rep- the experience of having two children reform one more year, or one more resentatives to the Board of Directors stricken with cancer. He never forgot election, or one more term. of the National Urban Air Toxics Re- the sheer terror and helplessness that But that’s not what the moment search Center: Mrs. Herminia Palacio, any parent feels when a child is badly calls for. That’s not what we came here M.D., M.P.H., of Bellaire, Texas and sick; and he was able to imagine what to do. We did not come to fear the fu- Mr. John Walke of Washington, D.C. it must be like for those without insur- ture. We came here to shape it. I still f ance; what it would be like to have to believe we can act even when it’s hard. say to a wife or a child or an aging par- I still believe we can replace acrimony MEASURES REFERRED ent—there is something that could with civility, and gridlock with The following bills were read the first make you better, but I just can’t afford progress. I still believe we can do great and the second times by unanimous it. things, and that here and now we will consent, and referred as indicated: That large-heartedness—that concern meet history’s test. H.R. 310. An act to provide for the convey- and regard for the plight of others—is Because that is who we are. That is ance of approximately 140 acres of land in not a partisan feeling. It is not a Re- our calling. That is our character. the Ouachita National Forest in Oklahoma publican or a Democratic feeling. It, Thank you, God Bless You, and may to the Indian Nations Council, Inc., of the too, is part of the American character. God Bless the United States of Amer- Boy Scouts of America, and for other pur- Our ability to stand in other people’s poses; to the Committee on Agriculture, Nu- ica. trition, and Forestry. shoes. A recognition that we are all in BARACK OBAMA. H.R. 1043. An act to provide for a land ex- this together; that when fortune turns THE WHITE HOUSE, September 9, 2009. change involving certain National Forest against one of us, others are there to f System lands in the Mendocino National lend a helping hand. A belief that in Forest in the State of California, and for this country, hard work and responsi- MESSAGE FROM THE HOUSE other purposes; to the Committee on Energy bility should be rewarded by some At 2:16 p.m., a message from the and Natural Resources. measure of security and fair play; and House of Representatives, delivered by H.R. 1287. An act to authorize the Sec- Mrs. Cole, one of its reading clerks, an- retary of the Interior to enter into a partner- an acknowledgement that sometimes ship with the Porter County Convention, government has to step in to help de- nounced that it has passed the fol- Recreation and Visitor Commission regard- liver on that promise. lowing joint resolution, without ing the use of the Dorothy Buell Memorial This has always been the history of amendment: Visitor Center as a visitor center for the In- our progress. In 1935, when over half of S. J. Res. 9. Joint resolution providing for diana Dunes National Lakeshore, and for our seniors could not support them- the appointment of France A. Co´ rdova as a other purposes; to the Committee on Energy selves and millions had seen their sav- citizen regent of the Board of Regents of the and Natural Resources. ings wiped away, there were those who Smithsonian Institution. H.R. 1345. An act to amend title 5, United The message also announced that the States Code, to eliminate the discriminatory argued that Social Security would lead treatment of the District of Columbia under to socialism. But the men and women House has passed the following bills, in the provisions of law commonly referred to of Congress stood fast, and we are all which it requests the concurrence of as the ‘‘Hatch Act’’; to the Committee on the better for it. In 1965, when some ar- the Senate: Homeland Security and Governmental Af- gued that Medicare represented a gov- H.R. 310. An act to provide for the convey- fairs. ernment takeover of health care, mem- ance of approximately 140 acres of land in H.R. 1858. An act to provide for a boundary bers of Congress, Democrats and Re- the Ouachita National Forest in Oklahoma adjustment and land conveyances involving to the Indian Nations Council, Inc., of the Roosevelt National Forest, Colorado, to cor- publicans, did not back down. They Boy Scouts of America, and for other pur- rect the effects of an erroneous land survey joined together so that all of us could poses. that resulted in approximately 7 acres of the enter our golden years with some basic H.R. 1043. An act to provide for a land ex- Crystal Lakes Subdivision, Ninth Filing, en- peace of mind. change involving certain National Forest croaching on National Forest System land,

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9184 CONGRESSIONAL RECORD — SENATE September 9, 2009 and for other purposes; to the Committee on Department of State, transmitting, pursuant EC–2760. A communication from the Assist- Energy and Natural Resources. to the Arms Export Control Act, the certifi- ant Secretary, Bureau of Legislative Affairs, H.R. 2004. An act to designate the facility cation of a proposed transfer of major de- Department of State, transmitting, pursuant of the United States Postal Service located fense equipment with an original acquisition to the Arms Export Control Act, the certifi- at 4282 Beach Street in Akron, Michigan, as value of more than $14,000,000 for New Zea- cation of a proposed manufacturing license the ‘‘Akron Veterans Memorial Post Office’’; land; to the Committee on Foreign Rela- agreement for the export of defense articles to the Committee on Homeland Security and tions. and defense services for the manufacture of Governmental Affairs. EC–2753. A communication from the Assist- Tomahawk Cruise Missile Subassemblies for H.R. 2760. An act to designate the facility ant Secretary, Bureau of Legislative Affairs, end-use by the U.S. Navy in the amount of of the United States Postal Service located Department of State, transmitting, pursuant $100,000,000 or more; to the Committee on at 1615 North Wilcox Avenue in Los Angeles, to the Arms Export Control Act, the certifi- Foreign Relations. California, as the ‘‘Johnny Grant Hollywood cation of a proposed permanent export li- EC–2761. A communication from the Assist- Post Office Building’’; to the Committee on cense for the export of defense articles and ant Secretary, Bureau of Legislative Affairs, Homeland Security and Governmental Af- technical data related to the sale of 394 Colt Department of State, transmitting, pursuant fairs. Infantry Automatic Rifles for use by the to the Arms Export Control Act, the certifi- Mexican Navy in the amount of $1,000,000 or cation of a proposed technical assistance f more; to the Committee on Foreign Rela- agreement for the transfer of technical data, MEASURES DISCHARGED tions. defense services, and hardware to support EC–2754. A communication from the Assist- the Proton launch of the ViaSat—1 Commer- The following bill was discharged ant Secretary, Bureau of Legislative Affairs, cial Communication Satellite from the from the Committee on Armed Serv- Department of State, transmitting, pursuant Baikonur Cosmodrome in Kazakhstan in the ices, and referred as indicated: to the Arms Export Control Act, the certifi- amount of $50,000,000 or more; to the Com- cation of a proposed technical assistance S. 1599. A bill to amend title 36, United mittee on Foreign Relations. agreement for the transfer of technical data, EC–2762. A communication from the Assist- States Code, to include in the Federal char- defense services, and hardware to support ant Secretary, Bureau of Legislative Affairs, ter of the Reserve Officers Association lead- the Proton launch of the NSS–14 Commercial Department of State, transmitting, pursuant ership positions newly added in its constitu- Communication Satellite from the Baikonur to the Arms Export Control Act, the certifi- tion and bylaws; to the Committee on the Cosmodrome in Kazakhstan in the amount of cation of a proposed technical assistance Judiciary. $50,000,000 or more; to the Committee on For- agreement for the transfer of technical data, f eign Relations. defense services, and hardware related to the EC–2755. A communication from the Assist- delivery and support of five Sentinel Radars EXECUTIVE AND OTHER ant Secretary, Bureau of Legislative Affairs, and two Sentry Command and Control Sys- COMMUNICATIONS Department of State, transmitting, pursuant tems for end-use by the Mexican Navy in the The following communications were to the Arms Export Control Act, the certifi- amount of $50,000,000 or more; to the Com- laid before the Senate, together with cation of a proposed technical assistance mittee on Foreign Relations. agreement for the transfer of technical data, EC–2763. A communication from the Assist- accompanying papers, reports, and doc- defense services, and defense articles to ant Secretary, Bureau of Legislative Affairs, uments, and were referred as indicated: Thailand related to the sale of three S–92A Department of State, transmitting, pursuant EC–2747. A communication from the Assist- helicopters to the Royal Thai Air Force in to the Arms Export Control Act, the certifi- ant Secretary, Office of Legislative Affairs, the amount of $50,000,000 or more; to the cation of a proposed transfer of technical Department of State, transmitting, pursuant Committee on Foreign Relations. data, defense services, and defense articles to law, a report relative to U.S. military per- EC–2756. A communication from the Assist- related to the sale of seven C–27J Spartan sonnel and U.S. civilian contractors involved ant Secretary, Bureau of Legislative Affairs, Aircraft from Alenia Aeronautica S.p.A. to in the anti-narcotics campaign in Columbia; Department of State, transmitting, pursuant the Government of Romania in the amount to the Committee on Foreign Relations. to the Arms Export Control Act, the certifi- of $100,000,000 or more; to the Committee on EC–2748. A communication from the Assist- cation of a proposed manufacturing license Foreign Relations. ant Legal Adviser for Treaty Affairs, Depart- agreement for the transfer of technical data, EC–2764. A communication from the Assist- ment of State, transmitting, pursuant to the defense services, and hardware to Japan to ant Secretary, Bureau of Legislative Affairs, Case-Zablocki Act, 1 U.S.C. 112b, as amended, support the manufacture of Chukar II and Department of State, transmitting, pursuant the report of the texts and background state- Chukar III Aerial Target Systems for the to law, the report of a rule entitled ‘‘Foreign ments of international agreements, other Ministry of Defense of Japan in the amount Officials: Definition of Immediate Family than treaties (List 2009–0096—2009–0106); to of $100,000,000 or more; to the Committee on Members, As Amended’’ ((22 CFR Part the Committee on Foreign Relations. Foreign Relations. 41)(Public Notice: 6676)) as received during EC–2749. A communication from the Assist- EC–2757. A communication from the Assist- adjournment of the Senate in the Office of ant Secretary, Bureau of Legislative Affairs, ant Secretary, Bureau of Legislative Affairs, the President of the Senate on August 7, Department of State, transmitting, pursuant Department of State, transmitting, pursuant 2009; to the Committee on Foreign Relations. to law, a report entitled ‘‘Operation of the to the Arms Export Control Act, the certifi- EC–2765. A communication from the Acting Enterprise for the Americas Initiative and cation of a proposed transfer of technical General Counsel, Peace Corps, transmitting, data, defense services, and defense articles the Tropical Forest Conservation Act 2008 pursuant to law, the report of the confirma- for the sale of four C–27J Spartan Aircraft Annual Report to Congress’’; to the Com- tion of a nomination in the position of Direc- from Alenia Aeronautica S.p.A. to the King- mittee on Foreign Relations. tor of the Peace Corps; to the Committee on dom of Morocco in the amount of $50,000,0000; Foreign Relations. EC–2750. A communication from the Assist- to the Committee on Foreign Relations. EC–2766. A communication from the Sec- ant Secretary, Bureau of Legislative Affairs, EC–2758. A communication from the Assist- retary General of the Inter-Parliamentary Department of State, transmitting, pursuant ant Secretary, Bureau of Legislative Affairs, Union, transmitting, an agenda for Par- to the Arms Export Control Act, the certifi- Department of State, transmitting, pursuant liamentary Briefings and Hearings at the cation of a proposed technical assistance to the Arms Export Control Act, the certifi- 64th Session of the United Nations General agreement for the transfer of technical data, cation of a proposed manufacturing license Assembly; to the Committee on Foreign Re- defense services, and hardware for the de- agreement for the export of defense articles lations. sign, manufacture, and delivery of the and defense services for the manufacture of EC–2767. A communication from the Sec- QuetzSat—1 Commercial Communication Power Amplifier Modules and High Voltage retary General of the Inter-Parliamentary Satellite for the United Kingdom in the Power Supplies for the AN/TPQ–36 and AN/ Union, transmitting, a request for participa- amount of $50,000,000 or more; to the Com- TPQ–37 Firefinder Radars, and the AN/MPQ– tion in a study on parliamentary oversight; mittee on Foreign Relations. 64 Sentinel Radar for end use by the U.S. to the Committee on Foreign Relations. EC–2751. A communication from the Assist- Government in the amount of $100,000,000 or EC–2768. A communication from the Acting ant Secretary, Bureau of Legislative Affairs, more; to the Committee on Foreign Rela- Assistant Secretary, Bureau of Political- Department of State, transmitting, pursuant tions. Military Affairs, Department of State, trans- to the Arms Export Control Act, the certifi- EC–2759. A communication from the Assist- mitting, pursuant to law, an addendum to a cation of a proposed manufacturing license ant Secretary, Bureau of Legislative Affairs, certification, transmittal number: DDTC agreement for the export of defense articles, Department of State, transmitting, pursuant 005–09, of the proposed sale or export of de- including technical data, and defense serv- to the Arms Export Control Act, the certifi- fense articles, including technical data, and ices for the manufacture and overhaul of hy- cation of a proposed technical assistance defense services to a Middle East country re- draulic steering systems for X300 trans- agreement for the transfer of technical data, garding any possible affects such a sale missions of ground vehicles for the United defense services, and defense articles related might have relating to Israel’s Qualitative Kingdom in the amount of $100,000,000 or to the Laser Based Directional Infrared Military Edge over military threats to more; to the Committee on Foreign Rela- Countermeasures System for end-use by the Israel; to the Committee on Foreign Rela- tions. United Kingdom in the amount of $100,000,000 tions. EC–2752. A communication from the Assist- or more; to the Committee on Foreign Rela- EC–2769. A communication from the Acting ant Secretary, Bureau of Legislative Affairs, tions. Assistant Secretary, Bureau of Political-

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9185 Military Affairs, Department of State, trans- tion, Department of Transportation, trans- stream Model G–IV, GIV–X, and GV–SP Se- mitting, pursuant to law, an addendum to a mitting, pursuant to law, the report of a rule ries Airplanes and Model GV Airplanes’’ certification, transmittal number: DDTC entitled ‘‘Airworthiness Directives; Empresa ((RIN2120–AA64)(8–13/8–11/0683/NM–129)) as re- 046–09, of the proposed sale or export of de- Brasileira de Aeronautica S.A. (EMBRAER) ceived during adjournment of the Senate in fense articles, including technical data, and Model EMB–120, –120ER, –120FC, –120QC, and the Office of the President of the Senate on defense services to a Middle East country re- –120RT Airplanes’’ ((RIN2120–AA64)(7–30/7–29/ August 31, 2009; to the Committee on Com- garding any possible affects such a sale 1005/NM–119)) as received during adjournment merce, Science, and Transportation. might have relating to Israel’s Qualitative of the Senate in the Office of the President EC–2784. A communication from the Pro- Military Edge over military threats to of the Senate on August 10, 2009; to the Com- gram Analyst, Federal Aviation Administra- Israel; to the Committee on Foreign Rela- mittee on Commerce, Science, and Transpor- tion, Department of Transportation, trans- tions. tation. mitting, pursuant to law, the report of a rule EC–2770. A communication from the Acting EC–2777. A communication from the Pro- entitled ‘‘Airworthiness Directives; Short Assistant Secretary, Bureau of Political- gram Analyst, Federal Aviation Administra- Brothers Model SD3–60 Airplanes’’ ((RIN2120– Military Affairs, Department of State, trans- tion, Department of Transportation, trans- AA64)(8–13/8–12/0464/NM–189)) as received dur- mitting, pursuant to law, an addendum to a mitting, pursuant to law, the report of a rule ing adjournment of the Senate in the Office certification, transmittal number: DDTC entitled ‘‘Airworthiness Directives; Airbus of the President of the Senate on August 31, 052–09, of the proposed sale or export of de- Model A330–200, A330–300, A340–200, and A340– 2009; to the Committee on Commerce, fense articles, including technical data, and 300 Series Airplanes’’ ((RIN2120–AA64)(7–30/7– Science, and Transportation. defense services to a Middle East country re- 29/0211/NM–028)) as received during adjourn- EC–2785. A communication from the Pro- garding any possible affects such a sale ment of the Senate in the Office of the Presi- gram Analyst, Federal Aviation Administra- might have relating to Israel’s Qualitative dent of the Senate on August 10, 2009; to the tion, Department of Transportation, trans- Military Edge over military threats to Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Israel; to the Committee on Foreign Rela- Transportation. entitled ‘‘Airworthiness Directives; BAE tions. EC–2778. A communication from the Pro- Systems (Operations) Limited (Jetstream) EC–2771. A communication from the Acting gram Analyst, Federal Aviation Administra- Model 4101 Airplanes’’ ((RIN2120–AA64)(8–3/8– Assistant Secretary, Bureau of Political- tion, Department of Transportation, trans- 5/0463/NM–065)) as received during adjourn- Military Affairs, Department of State, trans- mitting, pursuant to law, the report of a rule ment of the Senate in the Office of the Presi- mitting, pursuant to law, an addendum to a entitled ‘‘Airworthiness Directives; Pratt & dent of the Senate on August 10, 2009; to the certification, transmittal number: DDTC Whitney Canada (PWC) PW206A, PW206B, Committee on Commerce, Science, and 065–09, of the proposed sale or export of de- PW206B2, PW206C, PW206E, PW207C, PW207D, Transportation. fense articles, including technical data, and and PW207E Turboshaft Engines; Correction’’ EC–2786. A communication from the Pro- defense services to a Middle East country re- ((RIN2120–AA64)(7–30/7–27/0219/NE–46)) as re- gram Analyst, Federal Aviation Administra- garding any possible affects such a sale ceived during adjournment of the Senate in tion, Department of Transportation, trans- might have relating to Israel’s Qualitative the Office of the President of the Senate on mitting, pursuant to law, the report of a rule Military Edge over military threats to August 10, 2009; to the Committee on Com- entitled ‘‘Fokker Model F.27 Mark 050 Air- Israel; to the Committee on Foreign Rela- merce, Science, and Transportation. planes’’ ((RIN2120–AA64)(8–3/8–5/0691/NM–061)) EC–2779. A communication from the Pro- tions. as received during adjournment of the Sen- EC–2772. A communication from the Acting gram Analyst, Federal Aviation Administra- ate in the Office of the President of the Sen- Assistant Secretary, Bureau of Political- tion, Department of Transportation, trans- ate on August 10, 2009; to the Committee on Military Affairs, Department of State, trans- mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. mitting, pursuant to law, an addendum to a entitled ‘‘Airworthiness Directives; Airbus EC–2787. A communication from the Pro- certification, transmittal number: DDTC Model A318, A319, A320, and A321 Series Air- gram Analyst, Federal Aviation Administra- 070–09, of the proposed sale or export of de- planes’’ ((RIN2120–AA64)(8–17/8–18/0004/NM– tion, Department of Transportation, trans- fense articles, including technical data, and 160)) as received during adjournment of the mitting, pursuant to law, the report of a rule defense services to a Middle East country re- Senate in the Office of the President of the entitled ‘‘Airworthiness Directives; Boeing garding any possible affects such a sale Senate on August 31, 2009; to the Committee Model 737–100, –200, –200C, –300, –400, and –500 might have relating to Israel’s Qualitative on Commerce, Science, and Transportation. Series Airplanes’’ ((RIN2120–AA64)(8–3/8–5/ Military Edge over military threats to EC–2780. A communication from the Pro- 1213/NM–092)) as received during adjournment Israel; to the Committee on Foreign Rela- gram Analyst, Federal Aviation Administra- of the Senate in the Office of the President tions. tion, Department of Transportation, trans- EC–2773. A communication from the Pro- mitting, pursuant to law, the report of a rule of the Senate on August 10, 2009; to the Com- gram Analyst, Office of Managing Director- entitled ‘‘Airworthiness Directives; BAE mittee on Commerce, Science, and Transpor- Financial Operations, Federal Communica- Systems (Operations) Limited Model BAe 146 tation. tions Commission, transmitting, pursuant to and Avro 146–RJ Airplanes’’ ((RIN2120– EC–2788. A communication from the Pro- law, the report of a rule entitled ‘‘Report and AA64)(8–17/8–18/0532/NM–124)) as received dur- gram Analyst, Federal Aviation Administra- Order, In the Matter of Assessment of Regu- ing adjournment of the Senate in the Office tion, Department of Transportation, trans- latory Fees for Fiscal Year 2009’’ ((FCC 09–62; of the President of the Senate on August 31, mitting, pursuant to law, the report of a rule 09–65)(MD Docket No. 09–65)) as received dur- 2009; to the Committee on Commerce, entitled ‘‘Airworthiness Directives; Boeing ing adjournment of the Senate in the Office Science, and Transportation. Model 767 Airplanes’’ ((RIN2120–AA64)(8–3/8–5/ of the President of the Senate on August 31, EC–2781. A communication from the Pro- 39173/NM–283)) as received during adjourn- 2009; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- ment of the Senate in the Office of the Presi- Science, and Transportation. tion, Department of Transportation, trans- dent of the Senate on August 10, 2009; to the EC–2774. A communication from the Pro- mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Saab AB, Transportation. tion, Department of Transportation, trans- Saab Aerosystems Model SAAB 340A (SAAB/ EC–2789. A communication from the Pro- mitting, pursuant to law, the report of a rule SF340A) and SAAB 340B Airplanes’’ gram Analyst, Federal Aviation Administra- entitled ‘‘Revisions to the Pilot, Flight In- ((RIN2120–AA64)(8–17/8–18/0447/NM–172)) as re- tion, Department of Transportation, trans- structor, Ground Instructor, and Pilot ceived during adjournment of the Senate in mitting, pursuant to law, the report of a rule School Certification Rules (Part 61)’’ ((FAA– the Office of the President of the Senate on entitled ‘‘Airworthiness Directives; British 2006–26661–8/20–21)(RIN2120–AI86)) as received August 31, 2009; to the Committee on Com- Aerospace Regional Aircraft Model HP.137 during adjournment of the Senate in the Of- merce, Science, and Transportation. Jetstream Mk.1, Jetstream Series 200 and fice of the President of the Senate on August EC–2782. A communication from the Pro- 3101, and Jetstream Model 3201 Airplanes’’ 31, 2009; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- ((RIN2120–AA64)(8–3/8–5/0168/SW–33)) as re- Science, and Transportation. tion, Department of Transportation, trans- ceived during adjournment of the Senate in EC–2775. A communication from the Pro- mitting, pursuant to law, the report of a rule the Office of the President of the Senate on gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing August 10, 2009; to the Committee on Com- tion, Department of Transportation, trans- Model 737–600, –700, –700C, –800, and –900 Se- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule ries Airplanes’’ ((RIN2120–AA64)(8–17/8–18/ EC–2790. A communication from the Pro- entitled ‘‘Airworthiness Directives; BAE 1143/NM–136)) as received during adjournment gram Analyst, Federal Aviation Administra- Systems (Operations) Limited Model BAe of the Senate in the Office of the President tion, Department of Transportation, trans- 146–100A and 146–200A Series Airplanes’’ of the Senate on August 31, 2009; to the Com- mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(7–30/7–29/0432/NM–168)) as re- mittee on Commerce, Science, and Transpor- entitled ‘‘Airworthiness Directives; Pilatus ceived during adjournment of the Senate in tation. Aircraft Limited Model PC–7 Airplanes’’ the Office of the President of the Senate on EC–2783. A communication from the Pro- ((RIN2120–AA64)(8–6/8–5/0509/CE–029)) as re- August 10, 2009; to the Committee on Com- gram Analyst, Federal Aviation Administra- ceived during adjournment of the Senate in merce, Science, and Transportation. tion, Department of Transportation, trans- the Office of the President of the Senate on EC–2776. A communication from the Pro- mitting, pursuant to law, the report of a rule August 10, 2009; to the Committee on Com- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Gulf- merce, Science, and Transportation.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9186 CONGRESSIONAL RECORD — SENATE September 9, 2009 EC–2791. A communication from the Pro- entitled ‘‘Part 95 Instrument Flight Rules of S. 211, a bill to facilitate nationwide gram Analyst, Federal Aviation Administra- (215); Amendment No. 482’’ ((RIN2120– availability of 2–1–1 telephone service tion, Department of Transportation, trans- AA63)(8–13/8–12/30680/482)) as received during for information and referral on human mitting, pursuant to law, the report of a rule adjournment of the Senate in the Office of entitled ‘‘Airworthiness Directives; Teledyne the President of the Senate on August 31, services and volunteer services, and for Continental Motors (TCM) IO–520, TSIO–520, 2009; to the Committee on Commerce, other purposes. and IO–550 Series Reciprocating Engines Science, and Transportation. S. 354 with Superior Air Parts, Inc. (SAP) Cylinder EC–2799. A communication from the Pro- At the request of Mr. WEBB, the name Assemblies Installed’’ ((RIN2120–AA64)(8–6/8– gram Analyst, National Highway Traffic of the Senator from California (Mrs. 5/0051/NE–37)) as received during adjourn- Safety Administration, Department of BOXER) was added as a cosponsor of S. ment of the Senate in the Office of the Presi- Transportation, transmitting, pursuant to dent of the Senate on August 10, 2009; to the law, the report of a rule entitled ‘‘Federal 354, a bill to provide that 4 of the 12 Committee on Commerce, Science, and Motor Vehicle Safety Standards; Controls, weeks of parental leave made available Transportation. Telltales and Indicators’’ (RIN2127–AK04) as to a Federal employee shall be paid EC–2792. A communication from the Pro- received during adjournment of the Senate leave, and for other purposes. in the Office of the President of the Senate gram Analyst, Federal Aviation Administra- S. 369 tion, Department of Transportation, trans- on August 31, 2009; to the Committee on At the request of Mr. KOHL, the name mitting, pursuant to law, the report of a rule Commerce, Science, and Transportation. entitled ‘‘Airworthiness Directives; Bell Hel- f of the Senator from Minnesota (Mr. FRANKEN) was added as a cosponsor of icopter Textron Canada Model 427 Heli- REPORTS OF COMMITTEES copters’’ ((RIN2120–AA64)(8–6/8–3/0227/SW–65)) S. 369, a bill to prohibit brand name as received during adjournment of the Sen- The following reports of committees drug companies from compensating ge- ate in the Office of the President of the Sen- were submitted: neric drug companies to delay the ate on August 10, 2009; to the Committee on By Mr. ROCKEFELLER, from the Com- entry of a generic drug into the mar- Commerce, Science, and Transportation. mittee on Commerce, Science, and Transpor- ket. EC–2793. A communication from the Pro- tation, with an amendment in the nature of gram Analyst, Federal Aviation Administra- a substitute: S. 422 tion, Department of Transportation, trans- S. 1308. A bill to reauthorize the Maritime At the request of Ms. STABENOW, the mitting, pursuant to law, the report of a rule Administration, and for other purposes name of the Senator from New York entitled ‘‘Airworthiness Directives; SOCATA (Rept. No. 111—73). (Mr. SCHUMER) was added as a cospon- Model TBM 700 Airplanes’’ ((RIN2120– f sor of S. 422, a bill to amend the Fed- AA64)(8–3/8–5/25234/CE–064)) as received dur- eral Food, Drug, and Cosmetic Act and ing adjournment of the Senate in the Office INTRODUCTION OF BILLS AND of the President of the Senate on August 10, JOINT RESOLUTIONS the Public Health Service Act to im- 2009; to the Committee on Commerce, prove the prevention, diagnosis, and The following bills and joint resolu- treatment of heart disease, stroke, and Science, and Transportation. tions were introduced, read the first EC–2794. A communication from the Pro- other cardiovascular diseases in and second times by unanimous con- gram Analyst, Federal Aviation Administra- women. tion, Department of Transportation, trans- sent, and referred as indicated: S. 439 mitting, pursuant to law, the report of a rule By Mr. NELSON of Nebraska (for him- entitled ‘‘Standard Instrument Approach self, Mr. DURBIN, Mr. KERRY, Mrs. At the request of Mr. INOUYE, the Procedures, and Takeoff Minimums and Ob- GILLIBRAND, and Mr. BURRIS): name of the Senator from Montana stacle Departure Procedures; Amendment S. 1655. A bill to authorize the Secretary of (Mr. TESTER) was added as a cosponsor No. 3335’’ ((RIN2120–AA65)(8–17/8–18/30682/ Education to award grants for the support of of S. 439, a bill to provide for and pro- 3335)) as received during adjournment of the full-service community schools, and for mote the economic development of In- Senate in the Office of the President of the other purposes; to the Committee on Health, dian tribes by furnishing the necessary Education, Labor, and Pensions. Senate on August 31, 2009; to the Committee capital, financial services, and tech- on Commerce, Science, and Transportation. By Ms. STABENOW (for herself, Mr. EC–2795. A communication from the Pro- VOINOVICH, Mr. LEVIN, and Ms. nical assistance to Indian—owned busi- gram Analyst, Federal Aviation Administra- KLOBUCHAR): ness enterprises, to stimulate the de- tion, Department of Transportation, trans- S. 1656. A bill to amend the Internal Rev- velopment of the private sector of In- mitting, pursuant to law, the report of a rule enue Code of 1986 to provide for the treat- dian tribal economies, and for other entitled ‘‘Standard Instrument Approach ment of S corporations for purposes of elec- purposes. Procedures, and Takeoff Minimums and Ob- tion of the alternative tax on qualifying S. 453 stacle Departure Procedures; Amendment shipping activities, and for other purposes; No. 3334’’ ((RIN2120–AA65)(8–17/8–18/30681/ to the Committee on Finance. At the request of Mr. SCHUMER, the 3334)) as received during adjournment of the By Mr. NELSON of Florida: name of the Senator from Michigan Senate in the Office of the President of the S. 1657. A bill to amend the Internal Rev- (Ms. STABENOW) was added as a cospon- Senate on August 31, 2009; to the Committee enue Code of 1986 to modify the exception sor of S. 453, a bill to authorize the on Commerce, Science, and Transportation. from the 10 percent penalty for early with- drawals from government plans for qualified Secretary of Housing and Urban Devel- EC–2796. A communication from the Pro- opment to make grants and offer tech- gram Analyst, Federal Aviation Administra- public safety employees; to the Committee tion, Department of Transportation, trans- on Finance. nical assistance to local governments mitting, pursuant to law, the report of a rule f and others to design and implement in- entitled ‘‘Standard Instrument Approach novative policies, programs, and Procedures, and Takeoff Minimums and Ob- SUBMISSION OF CONCURRENT AND projects that address widespread prop- stacle Departure Procedures; Amendment SENATE RESOLUTIONS erty vacancy and abandonment, and for No. 3332’’ ((RIN2120–AA65)(8–13/8–13/30678/ The following concurrent resolutions other purposes. 3332)) as received during adjournment of the and Senate resolutions were read, and S. 492 Senate in the Office of the President of the referred (or acted upon), as indicated: Senate on August 31, 2009; to the Committee At the request of Mr. JOHNSON, the on Commerce, Science, and Transportation. By Mr. LEVIN: name of the Senator from Michigan S. Res. 256. A resolution recognizing the EC–2797. A communication from the Pro- (Ms. STABENOW) was added as a cospon- importance of ‘‘National Drug Facts Chat gram Analyst, Federal Aviation Administra- Day’ on November 10, 2009; to the Committee sor of S. 492, a bill to amend the Social tion, Department of Transportation, trans- on Health, Education, Labor, and Pensions. Security Act and the Internal Revenue mitting, pursuant to law, the report of a rule By Mr. REID: Code of 1986 to exempt certain employ- entitled ‘‘Standard Instrument Approach S. Res. 257. A resolution to constitute the ment as a member of a local governing Procedures, and Takeoff Minimums and Ob- majority party’s membership on certain stacle Departure Procedures; Amendment board, commission, or committee from committees for the One Hundred Eleventh social security tax coverage. No. 3333’’ ((RIN2120–AA65)(8–13/8–13/30679/ Congress, or until their successors are cho- 3333)) as received during adjournment of the sen; considered and agreed to. S. 512 Senate in the Office of the President of the f At the request of Mr. KOHL, the name Senate on August 31, 2009; to the Committee of the Senator from Minnesota (Mr. on Commerce, Science, and Transportation. ADDITIONAL COSPONSORS EC–2798. A communication from the Pro- FRANKEN) was added as a cosponsor of gram Analyst, Federal Aviation Administra- S. 211 S. 512, a bill to amend chapter 1 of title tion, Department of Transportation, trans- At the request of Mr. NELSON of Flor- 9, United States Code with respect to mitting, pursuant to law, the report of a rule ida, his name was added as a cosponsor arbitration.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9187 S. 548 S. 779 portation Equity Act: A Legacy for At the request of Mr. SCHUMER, the At the request of Mr. LAUTENBERG, Users to reauthorize and improve the name of the Senator from Oregon (Mr. the names of the Senator from New safe routes to school program. MERKLEY) was added as a cosponsor of Mexico (Mr. UDALL) and the Senator S. 1171 S. 548, a bill to amend the Public Util- from Missouri (Mr. BOND) were added At the request of Mr. PRYOR, the ity Regulatory Policies Act of 1978 to as cosponsors of S. 779, a bill to amend name of the Senator from New York establish a Federal energy efficiency titles 23 and 49, United States Code, to (Mr. SCHUMER) was added as a cospon- resource standard for retail electricity modify provisions relating to the sor of S. 1171, a bill to amend title and natural gas distributors, and for length and weight limitations for vehi- XVIII of the Social Security Act to re- other purposes. cles operating on Federal—aid high- store State authority to waive the 35— S. 565 ways, and for other purposes. mile rule for designating critical ac- At the request of Mr. DURBIN, the S. 819 cess hospitals under the Medicare Pro- name of the Senator from Connecticut At the request of Mr. DURBIN, the gram. (Mr. DODD) was added as a cosponsor of name of the Senator from North Caro- S. 1204 S. 565, a bill to amend title XVIII of the lina (Mrs. HAGAN) was added as a co- At the request of Mrs. MURRAY, the Social Security Act to provide contin- sponsor of S. 819, a bill to provide for names of the Senator from Arkansas ued entitlement to coverage for im- enhanced treatment, support, services, (Mrs. LINCOLN) and the Senator from munosuppressive drugs furnished to and research for individuals with au- Georgia (Mr. ISAKSON) were added as beneficiaries under the Medicare Pro- tism spectrum disorders and their fam- cosponsors of S. 1204, a bill to amend gram that have received a kidney ilies. the Department of Veterans Affairs transplant and whose entitlement to S. 832 Health Care Programs Enhancement coverage would otherwise expire, and At the request of Mr. NELSON of Flor- Act of 2001 to require the provision of for other purposes. ida, the names of the Senator from chiropractic care and services to vet- S. 604 Texas (Mrs. HUTCHISON) and the Sen- erans at all Department of Veterans At the request of Mr. SANDERS, the ator from Mississippi (Mr. WICKER) Affairs medical centers, and for other name of the Senator from North Da- were added as cosponsors of S. 832, a purposes. kota (Mr. DORGAN) was added as a co- bill to amend title 36, United States S. 1273 sponsor of S. 604, a bill to amend title Code, to grant a Federal charter to the At the request of Mr. DORGAN, the 31, United States Code, to reform the Military Officers Association of Amer- names of the Senator from Maryland manner in which the Board of Gov- ica, and for other purposes. (Mr. CARDIN), the Senator from Rhode ernors of the Federal Reserve System S. 850 Island (Mr. WHITEHOUSE) and the Sen- is audited by the Comptroller General At the request of Mr. KERRY, the ator from Hawaii (Mr. INOUYE) were of the United States and the manner in name of the Senator from California added as cosponsors of S. 1273, a bill to which such audits are reported, and for (Mrs. BOXER) was added as a cosponsor amend the Public health Service Act to other purposes. of S. 850, a bill to amend the High Seas provide for the establishment of per- S. 657 Driftnet Fishing Moratorium Protec- manent national surveillance systems At the request of Mr. GRASSLEY, the tion Act and the Magnuson—Stevens for multiple sclerosis, Parkinson’s dis- name of the Senator from Minnesota Fishery Conservation and Management ease, and other neurological diseases (Ms. KLOBUCHAR) was added as a co- Act to improve the conservation of and disorders. sponsor of S. 657, a bill to provide for sharks. S. 1295 media coverage of Federal court pro- S. 931 At the request of Mrs. SHAHEEN, the ceedings. At the request of Mr. FEINGOLD, the name of the Senator from New Jersey S. 663 name of the Senator from Minnesota (Mr. LAUTENBERG) was added as a co- At the request of Mr. NELSON of Ne- (Mr. FRANKEN) was added as a cospon- sponsor of S. 1295, a bill to amend title braska, the name of the Senator from sor of S. 931, a bill to amend title 9 of XVIII of the Social Security Act to Texas (Mrs. HUTCHISON) was added as a the United States Code with respect to cover transitional care services to im- cosponsor of S. 663, a bill to amend arbitration. prove the quality and cost effectiveness title 38, United States Code, to direct S. 971 of care under the Medicare program. the Secretary of Veterans Affairs to es- At the request of Mr. SCHUMER, the S. 1329 tablish the Merchant Mariner Equity name of the Senator from New York At the request of Mr. KOHL, the name Compensation Fund to provide benefits (Mrs. GILLIBRAND) was added as a co- of the Senator from California (Mrs. to certain individuals who served in sponsor of S. 971, a bill to implement a FEINSTEIN) was added as a cosponsor of the United States merchant marine pilot program to establish truck park- S. 1329, a bill to authorize the Attorney (including the Army Transport Service ing facilities. General to award grants to State and the Naval Transport Service) dur- S. 987 courts to develop and implement State ing World War II. At the request of Mr. DURBIN, the courts interpreter programs. S. 731 name of the Senator from North Caro- S. 1339 At the request of Mr. NELSON of Ne- lina (Mr. BURR) was added as a cospon- At the request of Mrs. HAGAN, the braska, the name of the Senator from sor of S. 987, a bill to protect girls in name of the Senator from Arkansas South Dakota (Mr. JOHNSON) was added developing countries through the pre- (Mrs. LINCOLN) was added as a cospon- as a cosponsor of S. 731, a bill to amend vention of child marriage, and for sor of S. 1339, a bill to provide for fi- title 10, United States Code, to provide other purposes. nancial literacy education. for continuity of TRICARE Standard S. 1076 S. 1422 coverage for certain members of the At the request of Mr. MENENDEZ, the At the request of Mrs. MURRAY, the Retired Reserve. names of the Senator from Vermont names of the Senator from North Caro- S. 755 (Mr. SANDERS) and the Senator from Il- lina (Mrs. HAGAN) and the Senator At the request of Mrs. BOXER, the linois (Mr. BURRIS) were added as co- from Minnesota (Mr. FRANKEN) were name of the Senator from New York sponsors of S. 1076, a bill to improve added as cosponsors of S. 1422, a bill to (Mr. SCHUMER) was added as a cospon- the accuracy of fur product labeling, amend the Family and Medical Leave sor of S. 755, a bill to amend the Public and for other purposes. Act of 1993 to clarify the eligibility re- Health Service Act to authorize the Di- S. 1156 quirements with respect to airline rector of the National Cancer Institute At the request of Mr. HARKIN, the flight crews. to make grants for the discovery and name of the Senator from Connecticut S. 1517 validation of biomarkers for use in risk (Mr. DODD) was added as a cosponsor of At the request of Ms. MURKOWSKI, the stratification for, and the early detec- S. 1156, a bill to amend the Safe, Ac- names of the Senator from Alaska (Mr. tion and screening of, ovarian cancer. countable, Flexible, Efficient Trans- BEGICH) and the Senator from Alabama

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9188 CONGRESSIONAL RECORD — SENATE September 9, 2009 (Mr. SESSIONS) were added as cospon- (Mr. COCHRAN) was added as a cospon- Resolved, That the Senate— sors of S. 1517, a bill to enhance domes- sor of S. Res. 231, a resolution express- (1) recognizes the importance of ‘‘National tic energy security by increasing pro- ing the sense of the Senate that any Drug Facts Chat Day’’; and duction from fossil—based resources in health care reform proposal should (2) urges teachers, schools, and students to slow the long—term growth of health participate by submitting questions and the outer Continental Shelf in an eco- using the information provided to increase nomically and environmentally respon- costs and reduce the growth rate of their understanding of the science of drug sible manner. Federal health care spending. abuse and addiction among school-aged S. 1518 S. RES. 245 youth. At the request of Mr. BURR, the At the request of Mr. SCHUMER, the Mr. LEVIN. Mr. President, the Na- names of the Senator from Illinois (Mr. name of the Senator from Virginia (Mr. tional Drug Facts Chat Day was de- BURRIS) and the Senator from Iowa WARNER) was added as a cosponsor of S. signed by the National Institute on (Mr. HARKIN) were added as cosponsors Res. 245, a resolution recognizing Sep- Drug Abuse of the National Institute of of S. 1518, a bill to amend title 38, tember 11 as a ‘‘National Day of Serv- Health, NIDA, to provide the oppor- United States Code, to furnish hospital ice and Remembrance’. tunity for school-aged youth and care, medical services, and nursing S. RES. 254 teachers in classrooms across the U.S. home care to veterans who were sta- At the request of Mrs. GILLIBRAND, to ask questions of the Nation’s lead- tioned at Camp Lejeune, North Caro- the name of the Senator from Kansas ing experts in the field of drug abuse lina, while the water was contaminated (Mr. ROBERTS) was added as a cospon- and addiction. sor of S. Res. 254, a resolution hon- at Camp Lejeune. One of the many activities on this oc- oring, commemorating, and cele- S. 1524 casion involves students and teachers brating the historic ties of the United At the request of Mr. KERRY, the interacting with professionals, includ- States and the Netherlands on the name of the Senator from South Da- ing exchanging questions with them on quadricentennial celebration of the dis- kota (Mr. JOHNSON) was added as a co- covery of the Hudson River, and recog- the issues of illicit drug use, tobacco sponsor of S. 1524, a bill to strengthen nizing the settlement and enduring val- use, and prescription drug abuse, the the capacity, transparency, and ac- ues of New Netherland, which continue latter of which has become a signifi- countability of United States foreign to influence American society. cant problem among our Nation’s assistance programs to effectively teens. NIDA hopes that ‘‘the anony- adapt and respond to new challenges of f mous nature of the Internet will en- the 21st century, and for other pur- SUBMITTED RESOLUTIONS courage youths to ask what is truly on poses. their minds. S. 1542 Now in its third year, there are ex- SENATE RESOLUTION 256—RECOG- At the request of Mr. SCHUMER, the pected to be thousands of questions name of the Senator from Maine (Ms. NIZING THE IMPORTANCE OF from every region of the country re- ‘‘NATIONAL DRUG FACTS CHAT COLLINS) was added as a cosponsor of S. ceived and answered, yielding an en- 1542, a bill to impose tariff—rate DAY’’ ON NOVEMBER 10, 2009 lightening glimpse into students’ mis- quotas on certain casein and milk pro- Mr. LEVIN submitted the following conceptions about drug use. Students tein concentrates. resolution; which was referred to the and teachers hunger for straight- S. 1593 Committee on Health, Education, forward, scientific information on drug At the request of Mr. MENENDEZ, the Labor, and Pensions: abuse and addiction. Drug Facts Chat name of the Senator from Florida (Mr. S. RES. 256 Day, recognized on November 10, 2009, NELSON) was added as a cosponsor of S. Whereas the National Institute on Drug will provide them with timely, 1593, a bill to authorize the establish- Abuse created ‘‘National Drug Facts Chat straightforward facts. ment of a Social Investment and Eco- Day’’ to provide the opportunity for school- I urge my colleagues in the Senate to aged youth and teachers in classrooms join me in supporting recognition of nomic Development for the Americas across the United States to ask questions of Fund to reduce poverty, expand the the Nation’s leading experts in the field of this innovative and worthwhile pro- middle class, and foster increased eco- drug abuse and addiction; gram by adopting this resolution. I am nomic opportunity in that region, to Whereas on October 12, 2007, the first an- very pleased that Representative PAT- promote engagement on the use of re- nual Drug Facts Chat Day yielded over 35,000 RICK KENNEDY is simultaneously intro- newable fuel sources and on climate questions from school-aged youth across the ducing a companion resolution in the change in the Americas, and for other United States, providing accurate informa- House. As we are all aware, Represent- purposes. tion on drug abuse and addiction; ative KENNEDY has been a passionate Whereas the National Survey on Drug Use leader in increasing the understanding S. 1595 and Health indicated that, in 2007, nearly 8 At the request of Mr. MERKLEY, the percent of youth in the United States be- of the science of drug abuse and addic- name of the Senator from Minnesota tween 12 and 17 years of age met diagnostic tion among school-aged youth. (Mr. FRANKEN) was added as a cospon- criteria for abuse or dependence (addiction) f sor of S. 1595, a bill to amend the Truth to illegal drugs or alcohol; in Lending Act to prohibit the distribu- Whereas the Monitoring the Future Study SENATE RESOLUTION 257—TO CON- tion of any check or other negotiable has yielded encouraging news of generally STITUTE THE MAJORITY PAR- declining past-month illicit drug use rates TY’S MEMBERSHIP ON CERTAIN instrument as part of a solicitation by for school-aged youth, noting a 24 percent a creditor for an extension of credit, to COMMITTEES FOR THE ONE HUN- decline from 2001 to 2008 by students in the DRED ELEVENTH CONGRESS, OR limit the liability of consumers in con- 8th, 10th, and 12th grades combined; junction with such solicitations, and Whereas declines in youth cigarette smok- UNTIL THEIR SUCCESSORS ARE for other purposes. ing, now at its lowest rate since the Moni- CHOSEN S. 1652 toring the Future Survey began collecting Mr. REID submitted the following At the request of Mr. HARKIN, the data in 1975, will translate into fewer deaths resolution; which was considered and names of the Senator from Maine (Ms. associated with the myriad medical con- agreed to: sequences of smoking; COLLINS), the Senator from New Jersey Whereas while progress continues to be S. RES. 257 (Mr. LAUTENBERG), the Senator from made, troubling trends still abound, includ- Resolved, That the following shall con- Arkansas (Mrs. LINCOLN) and the Sen- ing widespread abuse of prescription drugs stitute the majority party’s membership on ator from Maryland (Ms. MIKULSKI) among youth in the United States; the following committees for the One Hun- were added as cosponsors of S. 1652, a Whereas research shows that as the per- dred Eleventh Congress, or until their suc- bill to amend part B of the Individuals ceived risks associated with drugs increases, cessors are chosen: with Disabilities Education Act to pro- the abuse of such drugs decreases; COMMITTEE ON AGRICULTURE, NUTRI- vide full Federal funding of such part. Whereas youth often get information about TION AND FORESTRY: Mrs. Lincoln (Chair- drugs, drug abuse, and addiction from unreli- man), Mr. Harkin, Mr. Leahy, Mr. Conrad, S. RES. 231 able and inaccurate sources; and Mr. Baucus, Ms. Stabenow, Mr. Nelson (Ne- At the request of Mr. BENNETT, the Whereas ‘‘National Drug Facts Chat Day’’ braska), Mr. Brown, Mr. Casey, Ms. name of the Senator from Mississippi is on November 10, 2009: Now, therefore, be it Klobuchar, Mr. Bennet, Mrs. Gillibrand.

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — SENATE S9189 COMMITTEE ON HEALTH, EDUCATION, The PRESIDING OFFICER. Without Mr. DURBIN. Mr. President, I ask LABOR AND PENSIONS: Mr. Harkin (Chair- objection, it is so ordered. unanimous consent that the resolution man), Mr. Dodd, Ms. Mikulski, Mr. Binga- COMMITTEE ON THE JUDICIARY be agreed to and the motion to recon- man, Mrs. Murray, Mr. Reed, Mr. Sanders, sider be laid on the table without inter- Mr. Brown, Mr. Casey, Mrs. Hagan, Mr. Mr. BURRIS. Mr. President, I ask Merkley, Mr. Franken, Majority Leader des- unanimous consent that the Com- vening action or debate. ignee. mittee on the Judiciary be authorized The PRESIDING OFFICER. Without objection, it is so ordered. f to meet during the session of the Sen- ate, on September 9, 2009, at 10 a.m. in The resolution (S. Res. 257) was NOTICE OF HEARING room SD–226 of the Dirksen Senate Of- agreed to, as follows: COMMITTEE ON INDIAN AFFAIRS fice Building, to conduct a hearing en- S. RES. 257 Mr. DORGAN. Mr. President, I would titled ‘‘Strengthening Forensic Science Resolved, That the following shall con- like to announce that the Committee in the United States.’’ stitute the majority party’s membership on on Indian Affairs will meet on Thurs- The PRESIDING OFFICER. Without the following committees for the One Hun- day, September 10, 2009, at 2:15 p.m. in objection, it is so ordered. dred Eleventh Congress, or until their suc- cessors are chosen: COMMITTEE ON THE JUDICIARY Room 628 of the Dirksen Senate Office COMMITTEE ON AGRICULTURE, NUTRI- Building to conduct a business meeting Mr. BURRIS. Mr. President, I ask TION AND FORESTRY: Mrs. Lincoln (Chair- on S. 797, a bill to amend the Indian unanimous consent that the Com- man), Mr. Harkin, Mr. Leahy, Mr. Conrad, Law Enforcement Reform Act, the In- mittee on the Judiciary be authorized Mr. Baucus, Mr. Stabenow, Mr. Nelson (Ne- dian Tribal Justice Act, the Indian to meet during the session of the Sen- braska), Mr. Brown, Mr. Casey, Ms. Tribal Justice Technical and Legal As- ate, on September 9, 2009, at 2:30 p.m. Klobuchar, Mr. Bennet, Mrs. Gillibrand. sistance Act of 2000, and the Omnibus in room SD–226 of the Dirksen Senate COMMITTEE ON HEALTH, EDUCATION, Crime Control and Safe Streets Act of Office Building, to conduct a hearing LABOR AND PENSIONS: Mr. Harkin (Chair- man), Mr. Dodd, Ms. Mikulski, Mr. Binga- 1968 to improve the prosecution of, and entitled ‘‘Nominations.’’ man, Mrs. Murray, Mr. Reed, Mr. Sanders, response to, crimes in Indian country, The PRESIDING OFFICER. Without Mr. Brown, Mr. Casey, Mrs. Hagan, Mr. and for other purposes; S. 313, a bill to objection, it is so ordered. Merkley, Mr. Franken, Majority Leader des- resolve water rights claims of the f ignee. White Mountain Apache Tribe in the AWARDING A GOLD MEDAL TO f State of Arizona, and for other pur- ARNOLD PALMER DISCHARGE AND REFERRAL—S. poses; S. 375, a bill to authorize the 1599 Crow Tribe of Indians water rights set- Mr. DURBIN. Mr. President, I ask tlement, and for other purposes; S. 965, unanimous consent the Banking Com- Mr. DURBIN. Mr. President, I ask a bill to approve the Taos Pueblo In- mittee be discharged from further con- unanimous consent the Armed Services dian Water Rights Settlement Agree- sideration of H.R. 1243 and the Senate Committee be discharged from further ment, and for other purposes; S. 1105, a proceed to its immediate consider- consideration of S. 1599 and the bill be bill to authorize the Secretary of the ation. referred to the Committee on the Judi- Interior, acting through the Commis- The PRESIDING OFFICER. Without ciary. sioner of Reclamation, to develop objection, it is so ordered. The clerk The PRESIDING OFFICER. Without water infrastructure in the Rio Grande will report the bill by title. objection, it is so ordered. Basin, and to approve the settlement of The assistant legislative clerk read f as follows: the water rights claims of the Pueblos REMOVAL OF INJUNCTION OF A bill (H.R. 1243) to provide for the award of Nambe, Pojoaque, San Ildefonso, and SECRECY Tesuque; and S. 1388, a bill to provide of a gold medal on behalf of Congress to Ar- for equitable compensation to the Spo- nold Palmer in recognition of his service to Mr. DURBIN. As in executive session, kane Tribe of Indians of the Spokane the Nation in promoting excellence and good I ask unanimous consent that the in- sportsmanship in golf. Reservation for the use of tribal land junction of secrecy be removed from for the production of hydropower by There being no objection, the Senate the following treaty transmitted to the the Grand Coulee Dam, and for other proceeded to consider the bill. Senate on September 9, 2009, by the purposes, to be followed immediately Mr. DURBIN. I ask unanimous con- President of the United States: by a hearing to examine S. 1635, 7th sent the bill be read a third time and Protocol Amending the Tax Conven- Generation Promise: Indian Youth Sui- passed, the motion to reconsider be tion with France (Treaty Document cide Prevention Act of 2009. laid on the table, without any inter- No. 111–4). Those wishing additional information vening action or debate, and any state- I further ask that the treaty be con- may contact the Indian Affairs Com- ments be printed in the RECORD. sidered as having been read the first mittee at 202–224–2251. The PRESIDING OFFICER. Without time; that it be referred, with accom- objection, it is so ordered. panying papers, to the Committee on f The bill (H.R. 1243) was ordered to a Foreign Relations and ordered to be AUTHORITY FOR COMMITTEES TO third reading, was read the third time, printed; and that the President’s mes- MEET and passed. sage be printed in the RECORD. COMMITTEE ON AGRICULTURE, NUTRITION, AND f The PRESIDING OFFICER. Without FORESTY MAKING MAJORITY PARTY objection, it is so ordered. Mr. BURRIS. Mr. President, I ask COMMITTEE ASSIGNMENTS The message of the President is as follows: unanimous consent that the Com- Mr. DURBIN. Mr. President, I ask mittee on Agriculture, Nutrition, and unanimous consent the Senate proceed To the Senate of the United States: Forestry be authorized to meet during to the immediate consideration of S. I transmit herewith, for the advice the session of the Senate on Wednes- Res. 257, submitted earlier today. and consent of the Senate to its ratifi- day, September 9, 2009, at 10 a.m. in The PRESIDING OFFICER. The cation, the Protocol Amending the room 216 of the Hart Senate office clerk will report the resolution by Convention between the Government of building. title. the United States of America and the The PRESIDING OFFICER. Without The assistant legislative clerk read Government of the French Republic for objection, it is so ordered. as follows: the Avoidance of Double Taxation and COMMITTEE ON FOREIGN RELATIONS A resolution (S. Res. 257) to constitute the the Prevention of Fiscal Evasion with Mr. BURRIS. Mr. President, I ask majority party’s membership on certain Respect to Taxes on Income and Cap- unanimous consent that the Com- committees for the One Hundred Eleventh ital, signed at Paris on August 31, 1994, mittee of Foreign Relations be author- Congress, or until their successors are cho- as Amended by the Protocol signed on ized to meet during the session of the sen. December 8, 2004, signed January 13, Senate on Wednesday, September 9, There being no objection, the Senate 2009, at Paris, together with a related 2009, at 10 a.m. proceeded to consider the resolution. Memorandum of Understanding, signed

VerDate Nov 24 2008 05:29 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S09SE9.REC S09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S9190 CONGRESSIONAL RECORD — SENATE September 9, 2009 January 13, 2009 (the ‘‘proposed Pro- PROGRAM IN THE COAST GUARD tocol’’). I also transmit for the infor- Mr. DURBIN. Mr. President, the time THE FOLLOWING NAMED OFFICER FOR APPOINTMENT mation of the Senate the report of the IN THE UNITED STATES COAST GUARD RESERVE TO THE during morning business tomorrow will GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: Department of State, which includes be dedicated for Senators to pay trib- To be rear admiral an overview of the proposed Protocol. ute to the late Senator Edward Ken- The proposed Protocol provides for nedy. REAR ADM. (LH) STEVEN E. DAY the elimination of withholding taxes Senators will be notified when the IN THE AIR FORCE on certain cross-border direct dividend vote on the confirmation of the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- payments and on cross-border royalty Sunstein nomination is scheduled. If CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE payments. all time is used, the vote would occur AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION The proposed Protocol also provides around 11:30 p.m. tomorrow night. 601: for mandatory arbitration of cases that Finally, as a reminder to all Sen- To be lieutenant general the competent authorities of the coun- ators, at 2:45 p.m. tomorrow, George MAJ. GEN. RALPH J. JODICE II tries have been unable to resolve after LeMieux will be sworn in as a Senator THE FOLLOWING NAMED OFFICER FOR APPOINTMENT from the State of Florida. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- a reasonable period of time. The pro- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE posed Protocol contains a comprehen- f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: sive provision designed to prevent RECESS ‘‘treaty shopping,’’ which is the inap- To be lieutenant general Mr. DURBIN. Mr. President, if there propriate use of a tax treaty by third- MAJ. GEN. WILLIAM J. REW is no further business to come before country residents. It provides for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the Senate, I ask unanimous consent exchange of information between tax IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- that it stand in recess under the pre- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE authorities of the two countries to fa- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION vious order. cilitate the administration of each 601: There being no objection, the Senate, To be lieutenant general country’s tax laws. at 6:43 p.m., recessed until 7:30 p.m. and I recommend that the Senate give reassembled when called to order by MAJ. GEN. CHRISTOPHER D. MILLER early and favorable consideration to the Presiding Officer (Mr. BEGICH). IN THE ARMY the proposed Protocol and give its ad- Mrs. SHAHEEN. Mr. President, I sug- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT vice and consent to ratification. IN THE UNITED STATES ARMY TO THE GRADE INDICATED gest the absence of a quorum. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BARACK OBAMA. The PRESIDING OFFICER. The RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE WHITE HOUSE, September 9, 2009. clerk will call the roll. To be lieutenant general The legislative clerk proceeded to f LT. GEN. BENJAMIN C. FREAKLEY call the roll. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT CORRECTION Mr. NELSON of Nebraska. Mr. Presi- IN THE UNITED STATES ARMY TO THE GRADE INDICATED dent, I ask unanimous consent that the WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Mr. DURBIN. Mr. President, I ask RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: unanimous consent that the Record re- order for the quorum call be rescinded. To be lieutenant general flect that the appointment of GEN Mi- The PRESIDING OFFICER. Without objection, it is so ordered. LT. GEN. JOHN D. GARDNER chael Hayden to the Public Interest Declassification Board made during the f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED adjournment of the Senate was made JOINT SESSION OF THE TWO WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND by the Republican leader rather than HOUSES—ADDRESS BY THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the majority leader. PRESIDENT OF THE UNITED To be lieutenant general The PRESIDING OFFICER. Without STATES (H. Doc. No. 111–62) LT. GEN. FRANK G. HELMICK objection, it is so ordered. The PRESIDING OFFICER. Under THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED f the previous order, the Senate will pro- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ceed as a body to the Hall of the House RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ORDER FOR RECESS AND ORDERS of Representatives to receive a mes- To be lieutenant general FOR THURSDAY, SEPTEMBER 10, sage from the President of the United MAJ. GEN. MARK P. HERTLING 2009 States. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Mr. DURBIN. Mr. President, I ask Thereupon, the Senate, preceded by TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: unanimous consent that the Senate re- the Deputy Sergeant at Arms, Drew cess until 7:30 p.m. tonight; that at 7:40 Willison, the Secretary of the Senate, To be brigadier general p.m. the Senate proceed as a body to Nancy Erickson, and the Vice Presi- COLONEL ROBIN B. AKIN OSEPH COLONEL ROBERT P. ASHLEY, JR. the Hall of the House of Representa- dent of the United States, J R. COLONEL JEFFREY L. BANNISTER tives for a joint session to hear the BIDEN, Jr., proceeded to the Hall of the COLONEL JOSEPH L. BASS House of Representatives to hear the COLONEL LEWIS M. BOONE President of the United States; that at COLONEL CLARENCE K. K. CHINN the close of the joint session, the Sen- address by the President of the United COLONEL KENNETH R. DAHL States, Barack H. Obama. COLONEL GORDON B. DAVIS, JR. ate adjourn until 9:30 a.m. tomorrow, COLONEL SCOTT F. DONAHUE Thursday, September 10; that following (The address delivered by the Presi- COLONEL EDWARD F. DORMAN III dent of the United States to the joint COLONEL RANDAL A. DRAGON the prayer and pledge, the Journal of COLONEL BILLY D. FARRIS II session of the two Houses of Congress proceedings be approved to date, the COLONEL TERRY R. FERRELL is printed in the proceedings of the COLONEL PAUL E. FUNK II morning hour be deemed expired, the COLONEL RICKY D. GIBBS House of Representatives in today’s time for the two leaders be reserved for COLONEL HAROLD J. GREENE RECORD.) COLONEL CHRISTOPHER K. HAAS their use later in the day, and there COLONEL WILLIAM C. HIX then be a period of morning business f COLONEL STEPHEN B. LEISENRING COLONEL STEPHEN R. LYONS until 12:30 p.m., with the time equally ADJOURNMENT UNTIL 9:30 A.M. COLONEL JONATHAN A. MADDUX divided and controlled between the two COLONEL MARK A. MCALISTER TOMORROW COLONEL JOHN J. MCGUINESS leaders or their designees; that fol- At the conclusion of the joint session COLONEL MICHAEL K. NAGATA lowing morning business the Senate COLONEL BRYAN R. OWENS of the two Houses, and in accordance COLONEL JAMES F. PASQUARETTE proceed to executive session to resume with the order previously entered, at COLONEL VICTOR PETRENKO consideration of Calendar No. 167, the COLONEL AUNDRE F. PIGGEE 9:07 p.m., the Senate adjourned until COLONEL JOHN S. REGAN nomination of Cass Sunstein; further, I Thursday, September 10, 2009, at 9:30 COLONEL BRYAN T. ROBERTS ask that the time during any adjourn- COLONEL JOHN G. ROSSI a.m. COLONEL WILLIAM J. SCOTT ment, recess or period of morning busi- COLONEL THOMAS C. SEAMANDS f ness count against the postcloture COLONEL CHARLES L. TAYLOR COLONEL KELLY J. THOMAS time. NOMINATIONS COLONEL STEPHEN M. TWITTY The PRESIDING OFFICER. Without COLONEL JEFFERY L. UNDERHILL Executive nominations received by COLONEL DARRELL K. WILLIAMS objection, it is so ordered. the Senate: COLONEL PETER B. ZWACK

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IN THE MARINE CORPS POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTION 601: IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: IN THE UNITED STATES MARINE CORPS TO THE GRADE To be lieutenant general INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- MAJ. GEN. THOMAS D. WALDHAUSER To be rear admiral (lower half) TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE NAVY CAPT. JONATHAN W. WHITE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE TO THE GRADE UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. FRANK A. PANTER INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be rear admiral (lower half) To be rear admiral TO THE GRADE OF LIEUTENANT GENERAL IN THE UNITED STATES MARINE CORPS WHILE ASSIGNED TO A CAPT. CHARLES A. RAINEY REAR ADM. (LH) DAVID W. TITLEY

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HONORING PHYLLIS ELLMAN EARMARK DECLARATION 5,500 firms throughout the country, this Coun- cil has grown from a small group of engineers HON. LYNN C. WOOLSEY HON. JOHN LINDER to an incredibly influential federation of 51 state and regional councils that represent a OF CALIFORNIA OF GEORGIA large cross-section of America’s engineering IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES industry. Through its help, America has some Wednesday, September 9, 2009 Wednesday, September 9, 2009 of the best engineering structures in the world that allow us to drink fresh water, travel effi- Ms. WOOLSEY. Madam Speaker, I rise Mr. LINDER. Madam Speaker, pursuant to ciently, and lead an all-around healthier and today to honor Phyllis Ellman, who died on the Republican Leadership standards on ear- happier lifestyle. June 2 at the age of 86. An activist in Marin marks, I am submitting the following informa- I ask my fellow colleagues to join me today and Sonoma Counties for more than 40 years, tion regarding funding that I requested as part and support H. Res. 447 to honor the Amer- Phyllis was a leader who cared deeply about of H.R. 3183, the Energy and Water Develop- ican Council of Engineering Companies for her community, its people and the environ- ment and Related Agencies Appropriations their 100 years of service. Truly, we have all ment. Act, 2010. Requesting Member: Representative JOHN benefitted immensely from the council’s efforts The oldest of four children born in 1923 in LINDER and dedication to improving the lives of every Des Moines, Iowa, Phyllis had deep roots in Bill Number: H.R. 3183, Energy and Water American citizen, and I extend my deepest America as one of her ancestors was the mili- Development and Related Agencies Appro- thanks and appreciation for their hard work. tary secretary to Gen. George Washington. priations Act, 2010 Phyllis joined the U.S. Army during World War f Account: U.S. Army Corps of Engineers II, and after her honorable discharge, she Construction General EARMARK DECLARATION earned a BS in biology at Kansas State Uni- Legal Name of Requesting Entity: U.S. versity. She earned a master’s degree in bio- Army Corps of Engineers, Savannah District HON. HENRY E. BROWN, JR. chemistry at Washington State College, where Address of Requesting Entity: 100 W. OF SOUTH CAROLINA she also met her future husband, George. Six Oglethorpe Avenue, Savannah, GA 31401 months later they married and moved to Pasa- IN THE HOUSE OF REPRESENTATIVES Description of Request: This project pro- dena, California, where Phyllis taught at Cal Wednesday, September 9, 2009 poses to deepen the Savannah River Federal Tech while George completed his PhD. navigation channel an additional 6 feet, allow- Mr. BROWN of South Carolina. Madam In 1958 the Ellmans moved to Tiburon, ing the Georgia Ports Authority to more effi- Speaker, I submit the following: Marin County, where Phyllis became an avid ciently serve the demands of U.S. commerce; Requesting Member: HENRY E. BROWN, Jr. hiker. She developed a passion for wildflowers remain a valuable asset to the marine trans- Bill Number: H.R. 3326, Department of De- and was expert in identifying the unique flow- portation system; and handle the currently fense Appropriations Act, 2010 ers of the Tiburon hills earning the moniker, constrained vessels calling the port, and allow Account: RDTE, Army ‘‘Mother Botany.’’ A member of the California for larger vessels expected to call the port fol- Legal Name of Requesting Entity: ALS TDI Native Plant Society, she wrote two booklets lowing the Panama Canal expansion. $1.3 mil- Address of Requesting Entity: 215 First on the local flora of Ring Mountain. lion of the funds are critical for the completion Street, Cambridge, MA 02142 Always an activist, she pushed for the cre- of ongoing environmental studies in order to Description of Project: Continued support of ation of the Tiburon Bike Path, was appointed move to the construction phase. General con- its cutting edge fast track drug discovery & to the Tiburon Parks and Recreation Commis- struction funding of $33.7 million is necessary translational research program and to support sion in 1973, helped launch the first South of to continue the initial construction phase of the clinical trials of effective drugs. (1) Identify the Knoll playground in Richardson Bay Lineal Savannah Harbor Expansion Project. The ex- physiological pathways and molecules in ani- Park, and with Marilyn Knight, Phyllis estab- pansion will allow the Port of Savannah to ac- mal models of disease progression. Compare lished the Belvedere Tiburon Child Care Cen- commodate larger ships and provide the eco- animal gene expression (transcriptome) to that ter, the first such center on the peninsula. nomic stimulus that new, larger ships currently of humans by employing the largest database It is Ring Mountain for which she is fondly bring rival East Coast ports in New York and ever compiled of animal and ALS patient sam- remembered as being the catalyst saving it Norfolk, Virginia. ples. (2) Operate large scale validation pro- from development. Walkers can now kike to f gram, using profiling technologies, to modulate the top of Ring Mountain on the Phyllis Ellman gene expression in those genes determined to Trail which honors her years of public service CONGRATULATING THE AMERICAN be candidates for disease effect. (3) Create a and devotion to her community. COUNCIL OF ENGINEERING COM- comprehensive translational medicine initiative In 1980 the Ellmans moved to Glen Ellen, PANIES to identify biomarkers for disease staging and Sonoma County, where Phyllis was a dedi- prognosis, and drug efficacy and patient re- cated docent at the Bouverie Preserve. She HON. EDDIE BERNICE JOHNSON sponse. also sang with the Quercus Quire, a group OF TEXAS Requesting Member: HENRY E. BROWN, Jr. she helped start who performs for elementary IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3326, Department of De- school audiences, singing about environmental fense Appropriations Act, 2010 issues to about 2,000 children each year. Wednesday, September 9, 2009 Account: RDTE, Army Phyllis leaves her husband of 60 years, Ms. EDDIE BERNICE JOHNSON of Texas. Legal Name of Requesting Entity: South George Eliman of Glen Ellen, who is a former Madam Speaker, I rise today in support of H. Carolina Research Authority Tiburon mayor and town councilmember. De- Res. 447 to congratulate the American Council Address of Requesting Entity: 5300 Inter- voted to her family, she also leaves a daugh- of Engineering Companies for its dedicated national Boulevard, Charleston, SC 29418 ter, brother, two sisters, and seven nieces and service to America’s engineering industry and Description of Project: Once fully configured, nephews. to celebrate its 100th anniversary this year. the Army expects a 5x–10x reduction in deliv- Madam Speaker, Phyllis Eliman will be As a strong supporter of the engineering in- ery times for poured metal part base shapes missed by so many who shared in her work dustry and someone who recognizes the vital using TacFab versus conventional procure- and passions. An activist in the best sense, work that engineers and related professionals ment processes. Given the Army’s consider- she was a valued member of the Marin and perform, I believe it is of the utmost impor- able interest in and support for the TacFab Sonoma communities. Her friendship and tance to honor the American Council of Engi- program to date, it is essential that the pro- bright spirit will be missed by all who had the neering Companies for its role in supporting gram be expeditiously completed to deliver the opportunity to know her. the engineering industry. With more than critical support the warfighters are seeking.

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

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.001 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2212 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 This final increment being requested in FY music suite. The construction of this new guages and cultures to supplement DoD and 2010 will result in a mobile, rapidly deployable building can be traced directly back to the related federal programs that are now oper- asset, both in theater and within the U.S. in passion of the congregation and its leaders. ating at or beyond capacity. support of RESET operations. This program The church’s motto encompasses what all f will cut costs and improve efficiency, cutting Americans should strive to achieve: ‘‘Loving waiting time for parts from weeks or months to God. Loving People. Serving the World.’’ RECOGNIZING THE ACCOMPLISH- only 24 hours. Madam Speaker, on behalf of the United MENTS OF JUNIOR ACHIEVE- MENT OF THE MISSISSIPPI Requesting Member: HENRY E. BROWN, Jr. States Congress, I am privileged to honor Bill Number: H.R. 3326, Department of De- Pine Terrace Baptist Church upon the dedica- RIVER VALLEY fense Appropriations Act, 2010 tion of their new worship center. My wife Vicki Account: RDTE, Army and I wish the best for continued growth and HON. W. TODD AKIN Legal Name of Requesting Entity: South service to Pastor Wiggins and the entire OF MISSOURI Carolina Research Authority church family. IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 5300 Inter- f Wednesday, September 9, 2009 national Boulevard, Charleston, SC 29418 Mr. AKIN. Madam Speaker, I rise today to Description of Project: This project will have EARMARK DECLARATION recognize the accomplishments of Junior an important impact on the Army as it will con- Achievement of Mississippi River Valley. In tribute greatly to the military efforts our troops HON. DENNY REHBERG particular, I would like to congratulate the or- are currently engaged in around the world and OF MONTANA ganization’s President, Lori Jacob, for winning here at home. HIPER will implement a pro- IN THE HOUSE OF REPRESENTATIVES JA Worldwide’s 2009 Karl Flemke Pioneer gram which ensures the provision of the best Wednesday, September 9, 2009 Achievement Award. This award recognizes and safest weaponry to the warfighter and in significant achievements and contributions of the quickest and most efficient way, by replac- Mr. REHBERG. Madam Speaker, pursuant new Junior Achievement USA Member Presi- ing parts and resetting weapons more quickly to the Republican Leadership standards on dents. and at reduced cost. This will help keep our earmarks, I am submitting the following infor- Junior Achievement is the world’s largest or- troops safe and fully equipped with the opti- mation regarding earmarks I received as part ganization dedicated to teaching students in mum defense mechanisms they need to effec- of H.R. 3326—Department of Defense Appro- Kindergarten through 12th grade about the im- tively complete their missions, while using cut- priations Act, 2010: portance of economics, entrepreneurism, and ting-edge technology to reduce costs and Requesting Member: Representative DENNY financial literacy. The organization reaches lower wait times. To achieve this goal we will REHBERG over 9 million students around the world each be relying on industrial and government part- Bill Number: H.R. 3326 year, with over 130 local offices in the United ners in numerous states, resulting in employ- Account: 10 0602303A Missile Technology States and operations in over 110 countries ment sustained and created via manufacturing Name and Address: MSE Technology Appli- worldwide. One of the things that makes JA so and research requirements. cations, Inc. of 200 Technology Way, Butte, unique is its use of adult volunteers to bring f MT 59701 Description: $4,000,000 in funding will be business to life for students. In the U.S. alone, IN RECOGNITION OF THE DEDICA- used to develop the wind tunnel technology young people in more than 188,000 class- TION OF A NEW SERVICE AND required to test and evaluate a new generation rooms benefit annually from these positive role WORSHIP CENTER AT PINE TER- of missiles, space access vehicles, and high- models. Ms. Jacob is clearly deserving of receiving RACE BAPTIST CHURCH speed aircraft utilizing ramjet and scramjet this year’s Flemke Award. propulsion technology. She began her career with Junior Achieve- Requesting Member: Representative DENNY HON. JEFF MILLER ment in 1987, serving in many roles within the REHBERG OF FLORIDA Marketing, Education, Development, and Op- Bill Number: H.R. 3326 IN THE HOUSE OF REPRESENTATIVES eration departments until she assumed her Account: 11 0602204F Aerospace Sensors Wednesday, September 9, 2009 current position in 2007. Under her leadership, Name and Address: MSE Technology Appli- the area reached 127,000 students in over Mr. MILLER of Florida. Madam Speaker, I cations, Inc. of 200 Technology Way, Butte, 700 schools this year, on a $2.7 million budg- rise today to recognize the dedication of a MT 59701 et, making Junior Achievement of Mississippi new worship center at Pine Terrace Baptist Description: $2,000,000 in funding will be Valley one of the organization’s largest oper- Church in Milton, Florida. Pine Terrace Baptist used to develop a ground sensor system, ations in the United States. Ms. Jacobs led the has long been a positive force in Northwest Watchkeeper, which offers unattended use for area to become a national two-time winner of Florida, and I am proud of their tremendous months at a time, high resolution night/day im- JA’s most prestigious funding award—the contributions to the community. aging and global wireless data transfer to MetLife Entrepreneurial Award. She has been Pine Terrace Baptist Church began as a command authority. a champion in creating more awareness of JA, mission of another Milton church, Ferris Hill Requesting Member: Representative DENNY and has a volunteer board of directors com- Baptist. In March of 1970, church members of REHBERG Ferris Hill Baptist set out to create a mission Bill Number: H.R. 3326 posed of over 60 leaders of the St. Louis com- northwest of Milton, and on July 5, 1972, sev- Account: 171 0204571N Consolidated Train- munity. In this current economic climate, teaching eral church families met at a congregant’s ing Systems Development students the importance of economics and fi- home. 42 people were present at the first Name and Address: Advanced Acoustic nancial literacy is of the utmost importance, meeting, and continued to meet at members’ Concepts of 920 Technology Blvd., Suite C, and I congratulate Ms. Jacobs and Junior homes until the church’s first building was Bozeman, MT 59718. Achievement of the Mississippi River Valley completed. The first worship service was held Description: $3,000,000 in funding will be for their efforts throughout the St. Louis metro- in the new building on May 13, 1973, and the used to increase operator proficiencies by in- politan area. mission was officially constituted as Pine Ter- tegrating the current Oceanographic and At- race Baptist Church on August 19, 1973 with mospheric Master Library (OAML) Navy-stand- f 48 members. ard coremodels, algorithms and data bases HONORING THE SERVICE AND SAC- Since 1973, Pine Terrace has grown to over into a processing efficient Ocean Model for ef- RIFICE OF U.S. ARMY 1ST SER- 1,600 members. A fellowship hall was added fective high fidelity simulated sonar training. GEANT JOSE SAN NICOLAS in 1976, a children’s wing was built in 1978, Requesting Member: Representative DENNY CRISOSTOMO and a new sanctuary was constructed in 1984. REHBERG Today the church owns close to 19 acres of Bill Number: H.R. 3326 HON. MADELEINE Z. BORDALLO land. Seven pastors have served at Pine Ter- Account: 04 Administration and Servicewide OF GUAM race since its foundation, and current Pastor Activities DoD Human Resources Activity IN THE HOUSE OF REPRESENTATIVES Dr. Michael Wiggins has served since 1987. Name and Address: University of Montana This year the church celebrates the opening of of University Hall 116, Missoula, MT 59812. Wednesday, September 9, 2009 a new worship and service center which will Description: $2,000,000 in funding will be Ms. BORDALLO. Madam Speaker, I rise also house administrative facilities and the used to expand training capacity in critical lan- today to honor the service and sacrifice of

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K09SE8.001 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2213 United States Army 1st Sergeant Jose San care so they can continue caring for their RECOGNIZING THE CONTRIBU- Nicolas Crisostomo. 1st SGT Crisostomo, aging loved ones. TIONS OF WOMEN TO THE LABOR originally from the village of Inarajan, Guam, This is the second time Dunedin has been MOVEMENT was assigned to International Security Assist- honored by the program. Two years ago, the ance Force in Kabul, Afghanistan. 1st SGT city received a Continual Progress Award for Crisostomo passed away on August 18, 2009 creating a Lifetime Bureau. HON. DALE E. KILDEE while on duty in Afghanistan. He was 59 years OF MICHIGAN old and the oldest servicemember to perish in Madam Speaker, Dunedin is an outstanding Afghanistan. place to live, to work, to play, and to retire. IN THE HOUSE OF REPRESENTATIVES 1st SGT Crisostomo was born on August This latest recognition is not only a reflection 29, 1949 to Joaquin and Joaquina Crisostomo of the work of the Mayor and City Commis- Wednesday, September 9, 2009 sioners, but of the entire community which and lived a life of honor, service, and dedica- Mr. KILDEE. Madam Speaker, I rise today tion to preserving his culture. Known to his makes Dunedin such a welcoming place for residents of all ages. to recognize the achievements of women in friends and family as ‘‘Joe’’ or ‘‘Uncle Sinbad,’’ the labor and social movements. The UAW 1st SGT Crisostomo is remembered for his al- f held a ceremony this past Labor Day in Flint truism, patriotism, and vibrant personality. He Michigan to honor the contributions of women was active in promoting the Chamorro culture EARMARK DECLARATION in labor, civil rights, the military, women’s and was a founder and former president of rights, and the political arena. ‘‘Grupun Minagof,’’ an organization established to help Guamanians living in Washington HON. DENNY REHBERG From the 300 women that came together in state. His leadership and dedication to his Seneca Falls, New York, in 1848, to promote community and his family will remain an en- OF MONTANA women’s rights and suffrage, women have during legacy. IN THE HOUSE OF REPRESENTATIVES banded together to improve our country. Jane A longtime member of the U.S. Army, 1st Addams, ‘‘the mother of social work,’’ worked SGT Crisostomo re-enlisted in 2008 after pre- Wednesday, September 9, 2009 with the labor movement in Chicago to elimi- nate poverty, and advance the living condi- viously serving for 24 years, which included Mr. REHBERG. Madam Speaker, pursuant tours of duty in the Vietnam War and the first to the Republican Leadership standards on tions of workers. From her work at Hull-House Gulf War. 1st SGT Crisostomo was a two-time earmarks, I am submitting the following infor- in Chicago, Jane Addams became a moving recipient of the Bronze Star for combat valor mation regarding earmarks I received as part force in the passage in the first Federal child and received the Purple Heart for wounds sus- of H.R. 3170, FY2010 Financial Services and labor law passed in 1916. tained in combat. He was also awarded the General Government Appropriations Bill. Women have played a pivotal role in the or- Kuwait Liberation Medal in 1991. ganization and development of every social I join our community in mourning the loss of Requesting Member: Representative movement of the past century, including the 1st SGT Crisostomo and in offering condo- REHBERG labor movement. In my hometown of Flint, the lences to his wife, Patricia Leon Guerrero Bill Number: H.R. 3170 Women’s Auxiliary provided support for the Crisostomo; his children, Tricia Renee, Jeffrey Account: Small Business Administration— families of the sit-down strikers. The Women’s Joe (‘‘Jay’’), and Dominic Jay; his 10 grand- Salaries and Expenses Emergency Brigade was on the front lines as children and to his many family and friends. the police attempted to stop the union. Since 1st SGT Crisostomo served with honor and Requesting Entity: Montana State Univer- the formation of the UAW, women have toiled distinction, like the many sons and daughters sity, HTAP: High-Technology Assistance Pro- side by side with men in the factories and of Guam who served before him, and he gave gram have taken their place at the bargaining table. the ultimate sacrifice in defense of our coun- Description: $133,000 in federal funds will try. enable Montana State University to assist The labor movement had one of its greatest God bless the family and friends of 1st Ser- Montana’s high-technology businesses in advocates in Frances Perkins. She was the geant Jose San Nicolas Crisostomo, God adopting micro and nanotechnologies as a first female Secretary of Labor and was the bless our men and women in uniform pro- means to improving their products and in- first female member of a President’s Cabinet. tecting our country, God bless Guam, and creasing competitiveness in the high-tech mar- During her younger days she lived at Hull- God bless the United States of America. ket. House and embraced the concept of unionism f Requesting Member: Representative but it was witnessing firsthand the Triangle REHBERG Shirtwaist Company fire in 1911 that ce- CITY OF DUNEDIN, FLORIDA, REC- Bill Number: H.R. 3170 mented her commitment to the workers of our OGNIZED AS A COMMUNITY FOR country. As the architect of Franklin Delano A LIFETIME Account: Small Business Administration— Roosevelt’s New Deal, her vision of a better Salaries and Expenses life for all cannot be underestimated. She was HON. C. W. BILL YOUNG Requesting Entity: Montana World Trade at the center of the 15 major pieces of legisla- OF FLORIDA Center tion passed during the first 100 days of Roo- IN THE HOUSE OF REPRESENTATIVES Description: The Montana World Trade Cen- sevelt’s Administration. She conceived the So- Wednesday, September 9, 2009 ter has a long and successful history of export cial Security Act of 1935, the most important and trade assistance. $134,000 will go toward piece of social legislation in U.S. history, and Mr. YOUNG of Florida. Madam Speaker, assisting ‘‘new to export’’ Montana businesses the Fair Labor Standards Act of 1938 and The city of Dunedin, Florida, that I have the in marketing and selling their products and shepherded them through Congress until they privilege to represent has been honored with services globally. were enacted into law. Social Security, unem- a ‘‘Communities for a Lifetime Award’’ by the ployment compensation, minimum wage, max- Florida Department of Elder Affairs. Requesting Member: Representative imum work hours and the right to collective The award is given to communities that REHBERG bargaining are just part of her legacy to the demonstrate successful best practices that Bill Number: H.R. 3170 American people. foster community initiatives to address the Account: Small Business Administration— Madam Speaker, today the number of benefits and challenges of an increasing elder Salaries and Expenses population. women registered to vote exceeds the number A total of 105 Florida towns and cities par- Requesting Entity: TechRanch at Montana of registered men by 8.3 million. Women make ticipate in the Communities for a Lifetime Ini- State University up 14 percent of active duty military per- tiative and Dunedin was the very first city to Description: The TechRanch at Montana sonnel, and two-thirds of all new union mem- sign up for the program. State University is a cohesive center that will bers in the United States are women. Women One of the major initiatives for which Dun- provide comprehensive business development have organized, financed, marched, volun- edin was honored was a 2008 project between services and business support services to teered, worked and are still working to fulfill the city and Mease Hospital to turn a vacant high-tech Montana companies. $133,000 will the dreams of those 300 women that came to- building into an adult day care center where help maintain their goal of attracting tech- gether in 1848 and because of their efforts we family caregivers can receive valuable respite nology businesses to the State. all live in a better world.

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\K09SE8.005 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2214 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 HONORING CHIEF MAURICE L. WELCOME HOME IN HONOR OF A SPECIAL TRIBUTE TO BLIND KEMP AMERICAN HERO CAPT SCOTT LEMON JEFFERSON AND THE SPEICHER THE UNITED STATES BLIND LEMON BLUES NAVY HON. KENDRICK B. MEEK HON. CHARLES B. RANGEL OF FLORIDA OF NEW YORK HON. GINNY BROWN-WAITE IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES OF FLORIDA Wednesday, September 9, 2009 Wednesday, September 9, 2009 IN THE HOUSE OF REPRESENTATIVES Mr. RANGEL. Madam Speaker, as the famed York Theatre Company of New York Mr. MEEK of Florida. Madam Speaker, I am Wednesday, September 9, 2009 celebrates its 40th anniversary, today I rise to pleased to recognize and honor Chief Maurice recognize their newest musical genius, ‘‘Blind L. Kemp, the first African-American Fire-Res- Ms. GINNY BROWN-WAITE of Florida. Lemon Blues’’ and to pay tribute to the Leg- cue Chief in the city of Miami’s history. This Madam Speaker, I have come here today to endary Father of the Texas Blues, ‘‘Blind’’ outstanding public servant has worked with honor a fallen hero who, after 18 years, has Lemon Jefferson. the City of Miami Fire Department for 24 years finally been reunited with his family. Captain Blind Lemon Blues celebrates the legacy of and has held the positions of lieutenant, cap- Speicher was a man of great distinction who Blind Lemon Jefferson and his profound influ- tain, assistant fire chief, and deputy fire chief. gave the ultimate sacrifice so that others might ence upon the development of American pop- ular music. Blind Lemon Blues is set in New Chief Kemp received a bachelor of science know a more peaceful world. The following York City in 1948 at the last recording session degree in biology from Allen University in Co- poem from Capitol Guide Albert Carey Caswell reflects on his final journey home. of the legendary Huddie Ledbetter, better lumbia, South Carolina and a master’s degree known as Lead Belly, and combines elements in public administration from Nova South- WELCOME HOME of traditional blues, gospel, rhythm and blues, eastern University. Welcome Home! soul, doo-wop, and rap to evoke the enduring As Deputy Fire Chief since 1999, Chief Scott, may your sacred body rest! legacy of Blind Lemon and his contem- America’s Finest, of all Sons, but one of her poraries, Blind Willie Johnson, Lillian Glinn, Kemp has overseen the technical, manage- very best! ment, support, communication, and emer- Hattie Hudson, Bobbie Cadillac, Lillian Miller How over the years, have so have so our and Lead Belly himself. gency management services, as well as devel- tears . . . have so run! ‘‘Blind’’ Lemon Jefferson was one of the oped and managed budget and legislative And all of those sleepless nights, keeping most popular blues singers of the 1920s, and functions. In 2006, he was appointed the Pro- hope alive . . . as we have all so done! has been titled ‘‘Father of the Texas Blues.’’ gram Chief and Task Force Leader for the As your beautiful Children, have so missed you my Son! Jefferson’s singing and self-accompaniment United States Department of Homeland Secu- And your Wonderful Wife, with hope burning were distinctive as a result of his high-pitched rity, FEMA Urban Search and Rescue. bright . . . how the tears begun! voice and originality on the guitar. He used Moreover, Chief Kemp has received acco- And your Mom and Dad, praying from Dallas as a base to launch an extraordinary blues career, during which he made over 80 lades throughout his career including the Dr. evening to morning sun . . . But, it’s over now . . . we can rest! recordings of his intricate melodic rhythms and A. Mancebo Memorial Award and recognition But, oh how so bittersweet . . . this answer, influenced countless artists, including B.B. from the 5000 Role Models of South Florida. this emptiness . . . Thy Will Be Done! King. Other later blues and rock and roll musi- Since 1735, professional and volunteer fire- For you were and will always be, one of cians attempted to imitate both his songs and fighters have been an invaluable facet of our America’s best! his musical style. communities, towns, and cities. Through the Welcome Home, Our Most Heroic One! Often heralded as one of the most influential For you are now, One of America’s Chosen bluesmen of all time, ‘‘Blind’’ Lemon Jefferson City of Miami’s mission to ‘‘serve the citizens Sons . . . of Miami in a professional manner by pro- was born blind near Coutchman, Texas, in Sons of Freedom and Peace, who defend us Freestone County, near present-day Wortham, viding rapid emergency response and other with but only their beliefs! Texas, in September 1893. Jefferson was one services to save lives and protect property’’ ‘Oh how so Magnificent, are but all of these . . . such splendid ones! of eight children born to sharecroppers Alex and their motto, ‘‘Excellence through Service,’’ and Clarissa Jefferson. Jefferson began play- I commend the tremendous bravery of Miami’s Just moments, are all that we so have . . . To make a difference, to heart’s grab! ing the guitar in his early teens, and soon after firefighters and am proud to honor each one To change the world! he began performing at picnics and parties. today on the Floor of the House. Ever vigilant, To go off so valiantly, with but out flags un- He also became a street musician, playing in this Nation’s firefighters respond quickly to furled . . . east Texas towns in front of barbershops and emergencies of all kinds and protect and save It’s been eighteen long . . . long years! on corners. lives each and every day. From the earliest With all of that heartache, and all of those In the early 1920s, Jefferson traveled to days of Benjamin Franklin’s Union Fire Com- most swollen tears . . . Dallas, where he met Huddie ‘‘Leadbelly’’ Still, in all our pain . . . there are so many Leadbetter and established the blues scene in pany to the famous fire departments of New families, who will never know . . . Dallas’ Deep Ellum district. Five years later, York City, Chicago, and Boston, every fire sta- Will never know, but where there loved ones he was on the road of instant success. Be- tion in this country has a proud history and so remain . . . tween the years of 1925 and 1929, Jefferson tradition of distinguished service. Bless you, our Fine Son! made over 80 recordings for Paramount And your family, for our country . . . for Records and became the first commercially Today, men such as Chief Kemp along with what you have all so done! over one million firefighters answer the call of For your last flight Scott, was not over Iraq! successful male black artist. Some of his most duty and perform extraordinary acts of self- But, up to our Lord . . . as straight up to notable recordings are ‘‘Black Snake Moan,’’ lessness and valor without hesitation. Heaven as was that! ‘‘Boll Weevil Blues,’’ ‘‘Matchbox Blues,’’ and For Scott now, now are an Angel with wings the song that would become his trademark, Madam Speaker and my colleagues, I ask ... ‘‘See That My Grave Is Kept Clean.’’ that you join me and the public safety commu- In the Army of our Lord, of all things! Jefferson died from mysterious cir- nity in this remarkable show of solidarity. Chief And on the day you arrived, could you not cumstances on the streets of Chicago on De- Kemp is an outstanding American worthy of hear our Lord and his Angels cry! cember 22, 1929, and was buried in the old our collective honor and appreciation. It is with Scott, Welcome Home! Wortham Negro Cemetery. His grave was un- deep respect and admiration that I commend In honor of a real American Hero, Navy marked until 1967, when a Texas state histor- Chief Kemp, and thank the men and women Captain Scott Speicher and his family . . . ical marker was dedicated to him. He was in- in the fire service field that dedicate to the may they find peace . . . ducted in the Blues Foundation’s Hall of Fame in 1980. In 1997 the town of Wortham began selfless protection of others stand together in a blues festival named for the singer, and a the face of adversity, bonded by sacrifice and new granite headstone was placed at his a sense of duty. gravesite—a fitting tribute to the man who

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.005 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2215 sang ‘‘. . . Lord, there’s just one favor I ask Throughout their remarkable lives, Ted and only when no alternative is consistent with our of you, see that my grave is kept clean.’’ In Vee Stuban have exemplified what it means to security. 2007 the name of the cemetery was changed be personal and community role models. But Madam Speaker, to talk about the dif- to Blind Lemon Memorial Cemetery. As lifelong residents of northeastern Penn- ficulty of our jobs in the context of the death So Madam Speaker, I ask that you and my sylvania, Ted was associated with the exca- in battle of this brave young man is an exam- distinguished colleagues join me in recog- vation business and the Pennsylvania Depart- ple of grave disproportion. For me, this was a nizing the good work of Director and Choreog- ment of Transportation before starting an auc- sad day. For the family of Jared Monti, it was rapher Akin Babatunde and Producer Alan tion business which he and Vee operated for part of a period of deep and enduring sad- Govenar for such a magnificent rendition of about 25 years. ness, and of course with Sergeant Monti him- the life of Blind Lemon Jefferson and those Ted was also deeply involved in his commu- self it was the ultimate tragedy—a promising Blind Lemon Blues. nity, initially as a member of the Berwick young life lost. f Council, then as mayor of Briar Creek and, Madam Speaker, in the Boston Globe for later, as a member of the Pennsylvania Gen- Sunday, September 6, Bryan Bender of the HONORING THE FLINT CENTRAL eral Assembly as State Representative of the Globe staff wrote a moving, eloquent article HIGH SCHOOL CLASS OF 1959 109th District for eight successive terms, from about Sergeant Monti, describing the battle in 1976 to 1992. which he was killed as he with no regard for HON. DALE E. KILDEE In his capacity as State Representative, Ted his own safety tried to save a wounded com- OF MICHIGAN was instrumental in crafting legislation and rade. Next week I will be at the White House IN THE HOUSE OF REPRESENTATIVES serving constituents in a manner that earned when Sergeant Monti’s family receives the him much respect among his colleagues in Medal of Honor that was posthumously award- Wednesday, September 9, 2009 Harrisburg and among the thousands of citi- ed to him. Madam Speaker, as a tribute to an Mr. KILDEE. Madam Speaker, I would like zens in his district whom he represented so extraordinary young man, whose dedication to to recognize the Flint Central High School well. his comrades was unlimited, and as a re- Class of 1959 as they celebrate their 50th Ted was also deeply involved in civic activi- minder of what war really means to those who Class Reunion. A party was held in my home- ties over the years. He was a member of the must fight it, I ask that Mr. Bender’s excellent, town of Flint, Michigan, on September 4 in West End Fire Company, the Knights of Co- sad article be printed here. honor of this milestone. I am proud to say that lumbus, the Bloomsburg Elks Lodge, past [From the Boston Globe, Sept. 6, 2009] I was their teacher. president of the Columbia Montour Aging HE COULD NOT LEAVE A COMRADE BEHIND Over 1,000 students graduated from Flint Board, the Columbia-Montour Visiting Nurses (By Bryan Bender) Central High School in 1959 and their senior Association board of directors, the PPL Advi- The sound of feet shuffling in the woods, year was highlighted by outstanding academic sory Commission and Ss. Cyril and Methodius high on a ridge in remote Afghanistan, was and athletic programs. The football team won Ukranian Catholic Church. the only warning that Sergeant Jared C. the State Championship, the cross-country Vee Stuban is the former Charlotte Hetler, Monti and the 15 men under his command team won the State Championship, the bas- of Berwick. Formerly employed by the Wise were about to be attacked. Before they could ketball team won the Regional Championship, Potato Chip Company in Berwick, Vee has even react, they were bombarded with rock- et-propelled grenades and machine-gun fire. and the track team won the State Champion- been active in Democrat political circles for The ambush by mountain tribesmen allied ship. many years. She is a member of the Columbia with the Taliban came so suddenly and with The Class of 1959 boasted six Valedic- County Democratic Women’s Club and the such ferocity that some members of Monti’s torians. Many students accepted college Columbia County Democratic Caucus. She unit ‘‘had their weapons literally shot out of scholarships and military academy appoint- has also been active over the years as a 4H their hands,’’ according to an Army report. ments. Over 350 students participated in the leader and as a member of the Calvary United Monti, a 30-year-old staff sergeant from 33rd Annual Kaleidoscope and the theatrical Methodist Church in Berwick. Raynham, shouted orders and radioed for production that year was ‘‘A Connecticut Yan- support as he found cover behind some large Ted and Vee are the parents of a daughter, rocks. An officer a few miles away asked kee in King Arthur’s Court.’’ Mrs. Joseph R., Kathy, Duda. whether he could pinpoint the enemy’s posi- The graduates spanned all walks of life and Madam Speaker, please join me in con- tion. went on to careers in law, research, edu- gratulating Ted and Vee Stuban on this very ‘‘Sir, I can’t give you a better read or I’m cation, medicine, the fine arts and manufac- special occasion. Not only has this remarkable gonna eat an RPG,’’ Monti replied. turing. The surviving 700 classmates live in al- couple contributed greatly to the quality of life But later, when one of his men was wound- most every state in the United States. Mem- in their community, but they have also been ed and lying in the open, Monti braved in- bers of the Class of 1959 spread out over the tense fire to try to rescue him—not once, but an inspiration to their peers and to future gen- three times. It cost him his life. globe and currently can be found in Scotland, erations as they illustrated, through their ac- Three years later, after an Army review of Japan, and Mexico. tions as well as their words, how to live lives Monti’s actions that day, President Obama Madam Speaker, I ask the House of Rep- focused on community service to others as a will award him the Medal of Honor, the high- resentatives to join me in commending the means of deriving personal happiness and est recognition for valor in the US military. achievements of the Flint Central High School contentment. When Monti’s parents, Paul and Janet, ac- cept the award in a White House ceremony Class of 1959. As their former teacher, I take f deep pride in helping to shape the minds and on Sept. 17, it will be only the sixth time the JARED C. MONTI: AMERICAN HERO Medal of Honor has been awarded since Sept. abilities of these graduates and I congratulate 11, 2001, and the first time someone from them on their talents, accomplishments, and Massachusetts has earned it since the Viet- triumphs. HON. BARNEY FRANK nam War. f OF MASSACHUSETTS Monti’s story reveals not just the coura- IN THE HOUSE OF REPRESENTATIVES geous actions of a 12-year Army veteran. It CONGRATULATING TED AND VEE also illustrates the extreme conditions of STUBAN ON THEIR 60TH WED- Wednesday, September 9, 2009 combat in Afghanistan, where increasing DING ANNIVERSARY Mr. FRANK of Massachusetts. Madam numbers of US forces are dying, and the Speaker, the hardest part of our job is attend- sheer chaos of the war. Everything went wrong for Monti and his HON. PAUL E. KANJORSKI ing the funerals of those young men and patrol. The unit was left on that narrow OF PENNSYLVANIA women who have given their lives in the serv- ridge longer than intended, exposing it to a IN THE HOUSE OF REPRESENTATIVES ice of our country. Having voted to send much larger enemy. And while Monti’s dis- American military forces into war in Afghani- play of ‘‘extreme personal courage and ex- Wednesday, September 9, 2009 stan, I was profoundly moved—and troubled— traordinary self-sacrifice,’’ as the Army de- Mr. KANJORSKI. Madam Speaker, I rise when I attend the funeral of Sergeant Jared C. scribed it, helped turn the tide, disaster today to ask you and my esteemed colleagues Monti of Raynham, Massachusetts, who lost struck again when the soldier Monti tried to in the House of Representatives to pay tribute his life in a brave effort to save a comrade in save was killed in a freak accident while being airlifted out. Including Monti, four sol- to Mr. and Mrs. Ted Stuban of Berwick, that country. These occasions are for us an diers died. Luzerne County, Pennsylvania, on the occa- important reminder that voting to send people ‘‘True valor is not defined so much by re- sion of their 60th wedding anniversary that to war is a last resort done only after the most sults,’’ an Army general wrote in recom- was celebrated on September 3. thorough and thoughtful consideration, and mending Monti for the medal, ‘‘as it is by

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.007 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2216 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 the depth of conviction that inspires its ex- call in air strikes on enemy positions, an ‘‘We moved into unknown terrain,’’ re- pression. On rare occasions, the actions of enormous responsibility that brought the called Abbott, the squadron’s operations offi- men are so extraordinary that the nobility risk of civilian casualties. cer, noting even the Soviet army did not rests, not in their outcome, but in the cour- ‘‘If a lot of guys were just sitting around, venture there during its brutal occupation of age of their undertaking.’’ he was always willing to teach us some- Afghanistan in the 1980s. ‘‘HE WAS VERY HUMBLE’’ thing,’’ recalled Sergeant Clifford Baird, who ‘‘Sergeant Monti went out with reconnais- first met Monti, with his ever-present chew- sance teams to learn the people,’’ he said, When Charlie Witkus learned his buddy ing tobacco tucked under his lip, when they ‘‘to learn the populace, and to gain knowl- Jared had been killed, he organized a ‘‘Vi- were posted together at Fort Drum, N.Y. edge of a terrain that nobody had ever been king’’ funeral. ‘‘He’d sit there and give us a class. He was After his burial at the Massachusetts Na- employed in before.’’ very respected around here.’’ Monti’s last mission was to scout Taliban tional Cemetery in Bourne, Monti’s friends Monti also had a special bond with junior positions near infiltration routes from neigh- collected cards, letters, and other mementos soldiers. While soldiers are required to shave boring Pakistan—mainly goat trails thou- of him and set them ablaze on a makeshift every day, even in the field, Monti would let sands of feet up—and gather targeting data pyre floating on a Taunton pond. his beard grow and shave only before return- for a larger offensive, dubbed Operation It was a fitting tribute, Witkus felt, for a ing to base. The new guys loved that he Gowardesh after the nearby town, to take guy who once organized a ‘‘survival style’’ would bend the rules like that. place a few days later. canoe trip down the Taunton River, with no And he was as loyal to his men as they On the evening of June 17, 2006, the patrol food or water. were to him. He once gave up his leave to fill was ferried by helicopter a few miles from ‘‘I was devastated,’’ said Witkus, who last in for a soldier who hadn’t seen his family in the town. To avoid detection and the swel- spoke with his friend about three weeks be- two years. When stationed at Fort Bragg in tering heat, they moved mostly in the dark, fore he died. ‘‘He was the most stand-up guy North Carolina, he gave his new kitchen set using night-vision equipment to navigate the I ever knew.’’ to a soldier whose kids were eating on the rugged terrain. Monti was born in Abington and grew up in floor. When his girlfriend, Sherri, sent care On June 20, they stopped on a narrow ridge Raynham, 35 miles south of Boston, the son packages with his favorite cigars, he would overlooking the Gremen Valley, with steep of a schoolteacher and a nurse. promptly hand them out to his unit. inclines on both sides, that commanded a Stories of his generous spirit abound: As a ‘‘One of the things that sets him apart was view of several enemy positions. youngster he made lunches for his brother that he had a great deal of compassion,’’ said The 16 soldiers set up their observation and sister to help his mom get to nursing Lieutenant Colonel Jeffrey Abbott, the oper- post on a sloping patch of ground, about 165 school on time. During his high school years, ations officer for Monti’s squadron in Af- feet long and 65 feet wide, with a tree line at he once cut down a spruce tree in their yard ghanistan. the top end and a few large rocks, a portion to give to a single mother who could not af- A HEAVY BURDEN of an old stone wall, and a few small trees at ford a Christmas tree for her kids. He even the lower end, according to the Army’s collected enough money for gifts. He earned a chestful of medals, but Monti agonized over all the killing war required, recreation of the battle. But he rarely took credit for his deeds, rel- The next morning Monti was informed that atives and friends said. Only after he died did his family said. He returned from Afghani- stan in 2003 with a Bronze Star for valor, but the larger US assault would be delayed for his father, Paul, find a 3-foot tall trophy three days—the helicopters and troops were Jared won in a weight-lifting championship. his mother recalled: ‘‘He didn’t like talking about it. Most of the time he just liked to be needed elsewhere—leaving them low on food ‘‘That is the way he was,’’ said Paul Monti. and water. The plan had been to use the ‘‘He was very humble. He believed in doing left alone. He’d say, ‘Don’t tell anybody I am here.’ He wasn’t proud of it.’’ cover of the US assault to resupply them by things for other people.’’ helicopter; now the resupply could expose To honor his son’s memory, Paul Monti When he was pressed about how he earned it, Janet Monti said, he’d finally blurt out them to the enemy. has established an annual scholarship fund At about 1:30 p.m., Monti took most of the for a Raynham senior headed to college. something like, ‘‘I had to kill someone’s brother, or father, or sister.’’ patrol to meet a resupply helicopter about He also finds comfort driving Jared’s pick- 500 feet away. A small group stayed behind. up, still covered with stickers from his be- Monti described his private anxieties in an undated entry, titled ‘‘My story,’’ that his They soon spotted a local man down in the loved 10th Mountain Division. valley using military-style binoculars to Jared set his sights on the military early, father recently found on his personal com- puter. ‘‘We are not fighting in World War II,’’ look up toward their position before he inspired by an uncle in the Navy. He joined picked up a satchel and disappeared. the Massachusetts National Guard’s delayed Monti wrote. ‘‘We don’t have the ability to justify any means to our end. Wars of today ‘‘It was the worst-case scenario,’’ said entry program in 11th grade at Bridgewater- former Army Captain Ross A. Berkoff, the Raynham Regional High School, attending are not black and white.’’ Monti’s job to call in air strikes ‘‘weighed squadron’s intelligence officer, who was weekend drills at the recruiting station in heavily on him,’’ said Jon Krakauer, a moun- monitoring the situation from about 6 miles Taunton until he graduated. away. ‘‘We stirred up a hornet’s nest.’’ ‘‘I wanted to be that same person,’’ he taineer and author of the best-seller ‘‘Into WELL-COORDINATED ATTACK later wrote of how the image of his uncle’s Thin Air’’ who, while working on a book, crisp uniform captured his imagination. spent nearly five weeks with Monti’s unit. When the enemy fighters opened fire on ‘‘It was always this tough call,’’ Krakauer the patrol just before nightfall, the two sol- A STEADY HAND said. ‘‘He was conservative about it.’’ diers nearest the woods bolted down the Monti was not a perfect soldier, but he Krakauer recalled a patrol with Monti slope to seek cover behind rocks. proved that he could earn the trust and re- when a Toyota Corolla came barreling down Sergeant Patrick Lybert, 28, of Ladysmith, spect of those he led; he called them his the road. Fearing the driver was a suicide Wis., was crouched behind a low stone wall, ‘‘boys,’’ and some of them called him bomber, a soldier prepared to open fire. But in the best position to fire back. The others ‘‘grandpa.’’ Monti stopped him just in time. It turned could barely raise their heads to aim. When he left for basic training in Missouri out the driver was just a local in a hurry. The patrol faced between 60 and 80 fighters, in 1993, barely 18 years old, he had never been ‘‘A split-second later it would have been most of them members of Hezb-e-Islami out of Massachusetts. Army life was tough, really bad,’’ said Krakauer. Gulbuddin, a local tribal militia aligned with he recalled, but he adjusted quickly and It was Monti’s humanity that also helped the Taliban, according to Berkoff. eventually decided to enlist full time. He him get along especially well with the locals, Monti calmly reported over the radio that was disappointed other soldiers didn’t take it Krakauer said. He was called on frequently the patrol was at risk of being overrun, ac- as seriously—a feeling he later expressed in to negotiate, through an interpreter, with cording to officers in the operations center a his own words in a journal his family found tribal leaders, who liked him so much they few miles away. As shoulder-launched RPGs on his computer after his death. gave him a Muslim name. (rocket-propelled grenades) skipped off the ‘‘I wanted to fight for my country at a ‘‘He was only 30-years-old but he was an rocks right above his head, he began plotting time when everybody else was smoking weed old soul,’’ said Krakauer. grid coordinates for another group of soldiers and or just there to earn a couple of bucks ‘‘WORST-CASE SCENARIO’’ on another ridge to fire mortar shells at the toward college,’’ he wrote. The nearly 300 members of the 3rd Squad- advancing fighters. He got into several bar fights, including ron, 71st Calvary Regiment had a grueling Within minutes, Lybert, who had been with one of his sergeants in Kansas who ridi- mission; they lost an average of 15 to 20 per- holding off the enemy from behind the stone culed him by calling him ‘‘Rambo,’’ and he cent of their body weight, pulling 16- to 18– wall, slumped forward, blood coming out of did 14 days of hard labor for violating a hour days, seven days a week, often in 100- his ears. weekend pass when he was stationed in plus degree temperatures. The tribal militia split into two groups to South Korea in the 1990s. ‘‘I drank till there In one of the longest maneuvers in recent try to encircle the patrol. Soldiers who still was no tomorrow,’’ he wrote of the incident. US military history, they trekked by had weapons passed them back and forth to But as he rose through the enlisted ranks, Humvee along dirt paths and steep mountain the one in the best position to fire back. his superiors quickly saw he had a steadiness passes from a US base in southern Afghani- The enemy ‘‘had one goal in mind,’’ said and maturity that others didn’t. Monti was stan to remote Nuristan province in the Abbott, who was monitoring the battle from one of the first enlisted soldiers in the 82nd northeast, about the distance between New the command post. ‘‘To overrun and kill ev- Airborne Division selected to be trained to York and Washington, D.C. erybody in Monti’s squad.’’

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.010 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2217 Monti saw a group of fighters closing in nual Lifetime Achievement Awards and Instal- our Committee Clerk. Chase first came to fast. When they came within 30 feet, he lation Dinner. Capitol Hill in 2005 serving as an intern in my threw a grenade in their path. He then took Richard Kuckenbecker was born in Sanger, office. a head count. Private Brian Bradbury, who California. At the age of five, he began to Chase has worked hard to help me serve had been near the tree line, was missing. spend time in his father’s business, the people of the 4th District of Texas and as- A DARK ENDING Kuckenbecker Tractor Company. As a young sisted the Members of Congress serving on Monti called out for him over the din of man, he would assist by sweeping the floors, the Committee on Science and Technology. the battle. He called again. Finally, the 22– cleaning the lavatory and completing tasks I thank him for his efforts and wish him well year-old from Lowville, N.Y., replied weakly that he was badly injured and couldn’t move. that needed to be done around the shop. in the future. He was lying about 30 feet away, where Upon graduating from high school, Mr. f Monti couldn’t see him, but directly in the Kuckenbecker attended Fresno State, where enemy’s sights. he played baseball. Just shy of completing his AGAINST THE CONSOLIDATION OF Monti told Bradbury he was coming to get Bachelor’s Degree, he left school and returned THE OTEEN POST OFFICE IN him. He handed off his radio, tightened the to the family business. Mr. Kuckenbecker was ASHEVILLE, NORTH CAROLINA chin strap of his helmet, and ran out into the twenty-one years old when he took over open. The woods, about 100 feet past HON. HEATH SHULER Bradbury, immediately erupted with more Kuckenbecker Tractor Company, he was the gunfire and RPGs. youngest tractor dealer in the nation. During OF NORTH CAROLINA Moving low and fast, according to the tes- college he met Lynn Bashian, and in May IN THE HOUSE OF REPRESENTATIVES timony of his fellow soldiers, Monti got 1964 they were married and promptly moved Wednesday, September 9, 2009 within less than a dozen feet of Bradbury be- to Madera from Fresno. Kuckenbecker Truck- fore he had to dive behind the low stone wall ing Company has been in the family for sixty- Mr. SHULER. Madam Speaker, as the son where Lybert lay dead. After a brief pause, five years. Since Mr. Kuckenbecker took the of a rural postal carrier, I was raised with the he made another attempt but the shooting reigns the business has changed locations United States Postal Service as an integral was even more intense. He scrambled back part of my community, my family, and my life. behind the low wall. and expanded to include a dealership in Fres- no in 1982. I grew up understanding the vital role a rural He prepared to make another attempt to post office can play in terms of jobs, small save Bradbury, this time asking some of his Mr. Kuckenbecker has always been dedi- men to cover him with more gun fire trained cated to his community. He is a founding businesses, and local economies. Today the on the woods. But as he lunged toward member and President of the Madera County Postal Service is in jeopardy. With increasing Bradbury the third time, an RPG exploded in Ag Boosters, serves on the board of the Cali- reliance on electronic communication, fewer his path. fornia State University, Fresno Ag One. He is and fewer citizens are using standard mail to The blast blew off his legs, but Monti a member of the Far West Equipment Dealers send and receive correspondence. struggled to get back to the stone wall, his To counter the reduction in usage and their men calling out in encouragement. With his Association, National Association of Farm Equipment Dealers, Ford Motor Company enormous deficit, the United States Postal last breaths, his soldiers later reported, Service has been forced to implement difficult Monti said he made his peace with God. And Dealer Council, Madera Historical Society. Mr. right before he died he asked them to tell his Kuckenbecker served as a judge for the Fres- cost-cutting measures. Among these meas- family he loved them. no Bee Excellence in Business award. He has ures is the consolidation of numerous post of- As darkness fell over the valley, the mor- also won the Madera District Fair Blue Ribbon fice branches throughout the country. In my tar rounds Monti called for began to hit the award. For his civic duty, he served on the postal region alone, the Mid-Carolinas District, enemy positions. US aircraft also dropped Madera Planning Commission. For all that he 6 of the 80 post offices that service the area several bombs into the woods. have been closed in the past year. The Post ‘‘Monti’s selfless act of courage rallied the has done for the community, Mr. Kuckenbecker was selected as the first Master General estimates that over the next patrol to defeat the enemy attack,’’ the year, approximately 300 post offices nation- Army concluded. Madera District Chamber of Commerce Agri- It was dark by the time Bradbury was business Person of the Year. He has received wide will be forced to shut their doors. This pulled to safety and treated by the medic. A the Fresno County Farm Bureau Distinguished will result in job losses and reduced commu- helicopter arrived but couldn’t land because Service award and the Fresno Bee Excellence nity access to postal services for individuals of the rough terrain. Staff Sergeant Heathe in Business Award for Agriculture. and businesses. Craig, 28, a medic from Severn, Md., was low- Mr. Kuckenbecker and his wife Lynn have I am particularly concerned about the Oteen ered to Bradbury, who had a team of doctors Post Office in Asheville, which is currently waiting to treat him back at the base. But as three children and five grandchildren, with an- other grandchild on the way. He continues to under review for consolidation in my district. they were being hoisted up, the winch broke. There has been tremendous local resistance Both fell to their deaths. own and operate Kuckenbecker Trucking Berkoff remembered standing in front of Company in Madera and Fresno. to the possible closing of the Oteen Post Of- the field hospital and thinking, ‘‘Could any- Madam Speaker, I rise today to commend fice, especially because the facility is located thing possibly go right today?’’ and congratulate Richard Kuckenbecker upon directly across the street from the Charles Monti was posthumously promoted to ser- being honored as the Madera Chamber of George Veterans Affairs Medical Center. The geant first class. Commerce 2009 Lifetime Achievement Award. VA hospital is reliant on the Oteen Post Office As she prepares to accept the Medal of to meet the correspondence needs of its pa- Honor from the president for her son’s sac- I invite my colleagues to join me in wishing Mr. Kuckenbecker many years of continued tients, as well as the critical administrative rifice, Janet Monti says she can’t help but needs of the medical center staff. For exam- wonder what Jared would think about it. success. ‘‘He would say this medal isn’t just for me. f ple, the Oteen facility provides fee-based He would want to share this medal with ev- presorting services to 18 different departments erybody who died that day.’’ RECOGNIZING THE CONTRIBU- of the VA hospital and early mail pick-up to f TIONS OF CHASE SIMMONS expedite the delivery of vital medical paper- work. Should the facility close, employees of HONORING RICHARD HON. RALPH M. HALL the VA hospital and citizens in the area would KUCKENBECKER OF TEXAS have to drive almost 14 miles roundtrip to ac- IN THE HOUSE OF REPRESENTATIVES cess the nearest retail postal facility. Furthermore, it is important to remember HON. GEORGE RADANOVICH Wednesday, September 9, 2009 OF CALIFORNIA that many elderly and rural citizens, poor peo- IN THE HOUSE OF REPRESENTATIVES Mr. HALL of Texas. Madam Speaker, I want ple and people without permanent residences to thank a member of my staff who is leaving rely solely on post office boxes to receive their Wednesday, September 9, 2009 us to move back to ‘‘our’’ home state of mail. By closing the Oteen Post Office, as with Mr. RADANOVICH. Madam Speaker, I rise Texas. After earning a degree in Psychology many post offices around the country, we are today to commend and congratulate Richard from Texas A&M University, Chase Simmons complicating access to these post office boxes Kuckenbecker upon being named by the came to Washington and spent the last 4 and putting further strain on our veterans, sen- Madera District Chamber of Commerce as a years here on Capitol Hill. He served as a ior citizens, and those with limited means. 2009 Lifetime Achievement Award Honoree. Senior Staff Assistant for the Committee on Consolidation of post offices is not the best Mr. Kuckenbecker will be recognized on Energy and Commerce and joined the Com- solution to this crisis. In many instances, it is Wednesday, August 26, 2009 at the Fifth An- mittee on Science and Technology in 2007 as detrimental. Rather than shutting post office

VerDate Nov 24 2008 04:34 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.012 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2218 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 doors, we should look at other streamlining will ever accomplish, celebrate her 100th birth- month-long revival in January saw the con- solutions that are already being successfully day. gregation more than double, including the bap- implemented. We should explore proven solu- Born September 11, 1909 in South Sabius, tism of 28 people on February 8, 1880. tions such as adjusting post office hours to re- New York, she now resides in Zephyrhills, By 1888, the church’s name had been flect customer use, extending early retirement Florida. Eloise was married for 53 blissful changed to the First Baptist Church, and eligibility to USPS employees, and adjusting years to her late husband Carl McCall. To- membership continued to increase as the town postal delivery routes to better reflect the di- gether they had three sons, Gerald, Leonard and nearby college grew in population. In minished volume of mail. and Bernard. 1897 an entirely new building, complete with Madam Speaker, we need to keep Oteen For the past 27 years Eloise has been a baptistery and gravity furnace, was in place. It and post offices like it open. I strongly encour- member of the Zephyrhills tourist club where was wired for electricity in 1901. It was re- age my colleagues to consider alternatives to she still goes dancing every week. placed in 1926 with larger quarters on the rural post office consolidation and job loss that Madam Speaker, I ask that you join me in northern half of Block #32 as Sunday school will help streamline the efforts of the postal honoring Eloise Enoyer McCall for reaching enrollments and congregational growth de- service, cut costs, and increase efficiency. her 100th birthday. I hope we all have the manded expanded educational quarters. Other good fortune to live as long as her. expansions came in 1959 and in the early f 1980s. RECOGNIZING JOSH ECKHOFF f The character of the First Baptist Church in IN RECOGNITION OF THE 150TH AN- Bolivar has been shaped over the decades by HON. JO ANN EMERSON NIVERSARY OF THE FIRST BAP- its location in the bedrock center of the nation TIST CHURCH OF BOLIVAR, MIS- and its close relationship with Southwest Bap- OF MISSOURI SOURI tist University, where I had the privilege of IN THE HOUSE OF REPRESENTATIVES serving as President before my tenure in Con- Wednesday, September 9, 2009 gress. Education and leadership have given HON. ROY BLUNT the church a unique outlook on the world, its Mrs. EMERSON. Madam Speaker, I rise OF MISSOURI community and the good works it does in the today to commend Josh Eckhoff to the U.S. IN THE HOUSE OF REPRESENTATIVES Lord’s name. House of Representatives and to recognize First Baptist is making plans for their 150th Wednesday, September 9, 2009 his tremendous contribution to our nation. anniversary celebration events throughout the Josh’s story is a testament to his selflessness Mr. BLUNT. Madam Speaker, I rise today to month of September. The anniversary theme and an example of service every American cit- honor the First Baptist Church in Bolivar, Mis- is Celebrate God’s Faithfulness—Yesterday, izen should take to heart. souri, which is celebrating its 150th anniver- Today, Forever. As my former house of wor- After he graduated high school, Josh volun- sary of serving its community guided by the ship, I know the people of this congregation, teered to join the Missouri National Guard. He teachings of Jesus Christ. Starting with a char- their work ethic, their love of God and the was called to service in Iraq on two occasions. ter group of seven believers in early Sep- strength of their faith as they serve their com- On his first deployment, Josh trained Iraqi sol- tember, 1859, today the First Baptist Church munity and the world. diers to provide security for convoys tasked in Bolivar includes more than 1,500 members. f with transporting supplies. When he returned Its 150 year history has been marked by home, Josh enrolled in the University of Mis- steady growth and renewed commitments of PERSONAL EXPLANATION souri at St. Louis. He was then deployed to service to the community and members of its New Orleans in the aftermath of Hurricane congregation. Today, First Baptist in Bolivar HON. J. GRESHAM BARRETT Katrina. provides more than spiritual richness; it offers OF SOUTH CAROLINA Then, in September of 2007, Josh was recreation, child care, educational and family IN THE HOUSE OF REPRESENTATIVES called to duty in Iraq again. This time his mis- support through an array of missions, pro- Wednesday, September 9, 2009 sion was clearing roads. He had been in Iraq grams and services all geared to serve God. for six months when an improvised explosive It started as a small charter group organized Mr. BARRETT of South Carolina. Madam device exploded, causing him serious injury. as the ‘‘United Baptist Church of Jesus Christ Speaker, unfortunately I missed recorded After several surgeries, tremendous hardship, at Bolivar’’ and at its second meeting voted to votes on the House floor on Tuesday, Sep- difficult rehabilitation and a long recovery, build a house of worship—the first of what tember 8, 2009. Josh is now back in St. Louis, where he will would be five structures. With unrest in the na- Had I been present, I would have voted ‘‘no’’ on rollcall vote No. 687 (on motion to complete his degree. tion caused by events that would lead to civil suspend the rules and agree to H.R. 324); He has received the Purple Heart and the war, the church treasury was empty in Janu- ‘‘aye’’ on rollcall vote No. 688 (on motion to Bronze Star for his courage, and he is a great ary, 1861. Three months later with the start of suspend the rules and agree to H.R. 310); example of perseverance to everyone in my the Civil War, construction of the new church ‘‘aye’’ on rollcall vote No. 689 (on motion to home state of Missouri. He will be the Parade for its 17 worshipers was halted. The building suspend the rules and agree to H.R. 3123). Marshall in the annual Cotton Carnival Parade was left unfinished and in debt. in Sikeston, Missouri, on October 3 this fall. The conclusion of the war left only four f We will give him a hero’s welcome in South- members of the original congregation living in EARMARK DECLARATION ern Missouri, and I think it is highly appro- Bolivar. It was 1866 when D.R. Murphy priate that Josh Eckhoff receive the same rec- stepped into the leadership role at the strug- ognition in this Congress for his many accom- gling church. As pastor, Murphy took up the HON. FRANK D. LUCAS OF OKLAHOMA plishments, past, present and future. call to resume construction of the church IN THE HOUSE OF REPRESENTATIVES f building and mount a donated church bell in the new tower. Wednesday, September 9, 2009 RECOGNIZING ELOISE MCCALL OF Two years later the church was still under ZEPHYRHILLS, FLORIDA Mr. LUCAS. Madam Speaker, pursuant to construction, but the congregation decided to the Republican Leadership standards on ear- move their worship services from the court- marks, I am submitting the following informa- HON. GINNY BROWN-WAITE house to the new church in August, even be- tion regarding earmarks I received as part of OF FLORIDA fore the walls were plastered. The building H.R. 2647, the National Defense Authorization IN THE HOUSE OF REPRESENTATIVES was painted with pews and kerosene lamps in Act for Fiscal Year 2010: This project, a place by the end of the year, and the Bolivar SOCOM/Oklahoma State University collabora- Wednesday, September 9, 2009 church began to grow. tion, will perform testing, integration and com- Ms. GINNY BROWN-WAITE of Florida. The first organized choir could be heard in mercialization of chemical, biological, radio- Madam Speaker, I rise today to honor Eloise 1869 accompanied by organ music. And the logical, nuclear and explosive (CBRNE) and Enoyer McCall of Pasco County, Florida. In a size of the congregation underwent a dramatic command, control, communications, com- couple of days, Eloise will do something that increase when Southwest Baptist College was puters, intelligence surveillance, reconnais- all of us strive to do, but that very few of us moved from Lebanon to Bolivar in 1880. A sance (C4ISR) sensor-related technologies.

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.015 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2219 IN HONOR OF CONGRESSMAN EARMARK DECLARATION stone of three decades of service to the Marin WILLIE GATHREL ‘‘BILL’’ HEFNER Abused Women’s Services, and the survivors HON. CONNIE MACK of domestic violence that the organization OF FLORIDA serves. HON. JOHN P. MURTHA Through her leadership, Donna has raised IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA awareness of the importance and prominence IN THE HOUSE OF REPRESENTATIVES Wednesday, September 9, 2009 of domestic violence in Mann County and be- Wednesday, September 9, 2009 Mr. MACK. Madam Speaker, pursuant to yond. As a result of her devoted efforts, the Republican Leadership standards on ear- abused and battered women and girls have in- Mr. MURTHA. Madam Speaker, I rise today marks, I am submitting the following informa- creased access to safety and justice. to recognize Willie Gathrel ‘‘Bill’’ Hefner. Bill tion regarding earmarks I received as part of The enthusiasm and passion she exhibits was a unique Member of Congress and H.R. 3293, The Departments of Labor, Health for her work is truly commendable. From her served with distinction as the Chair of the Mili- and Human Services, and Education Appro- directorship of the Marin Abused Women’s tary Construction Subcommittee for many priations Act, 2010. Services, to her service with the California Alli- years. Few Members could match his con- Project Name: FGCU Impact of Freshwater ance Against Domestic Violence and her tribution to the defense of this country. He rep- Flow into Coastal Waters—FGCU Coastal Wa- scholastic focus on abuse prevention, she has resented his congressional district well, but tershed Institute remained an influential and inspiring leader. never lost sight of national goals, whether Requesting Member: Congressman CONNIE Donna’s work on behalf of women knows no those dealt with education, law enforcement, MACK borders. With the Network of East/West or defense. Many times he would sit on the Bill Number: H.R. 3293, The Departments of Women, Donna creates dialogue with women floor listening intently to debate and he be- Labor, Health and Human Services, and Edu- in Eastern/Central Europe and the former So- came one of the best extemporaneous speak- cation Appropriations Act, 2010. viet Union about violence against women. Ear- ers that ever served in Congress. Madam Account: Higher Education (includes FIPSE) lier in her career, Donna’s passion and com- Speaker, Bill Hefner was a good friend and an Legal Name of Requesting Entity: Florida mitment took her to the Institute for the Study outstanding American. Gulf Coast University of Male Violence at Stirling University in Scot- Address of Requesting Entity: 10501 FGCU land where she studied violence issues. f Blvd., South, Fort Myers, FL 33965 Since her early work as a counselor at the Description of Request/Justification of Fed- Women’s Transitional Living Center and board CELEBRATING THE FRANKLIN eral Funding: $350,000; Florida’s coast is a member of the National Coalition Against Do- SCHOOL 100TH ANNIVERSARY principal economic driver attracting millions of mestic Violence, Donna’s advocacy on behalf tourists and thousands of residents to the of women remains firm and strong. HON. SCOTT GARRETT coastal communities of Southwest Florida. Madam Speaker, Donna Garske’s unstinting dedication to ending violence against women OF NEW JERSEY Proper management of the freshwater that the coastal environment receives is critical to pre- shows citizens in our community the power IN THE HOUSE OF REPRESENTATIVES venting toxic algal blooms and negative im- one person has to make an important dif- Wednesday, September 9, 2009 pacts on recreational and commercial fish- ference. Over the years, it has truly been a eries. FGCU is requesting federal funding for pleasure for me to work with her. Thank you, Mr. GARRETT of New Jersey. Madam Donna, and congratulations. Speaker, this evening, the Franklin School in their Coastal Watershed Institute to address Bergenfield will celebrate 100 years of excep- the impacts associated with changes in the f freshwater flows into the area. This project is tional education offered in New Jersey’s 5th TRIBUTE TO HARRIET BUCY District. Erected in 1908, Franklin School geared to students learning about future man- agement of our fragile ecosystems. arose to meet the need for a notable edu- HON. JOHN M. SPRATT, Jr. cational facility within this expanding commu- f OF SOUTH CAROLINA nity in Bergen County. Its humble beginnings PERSONAL EXPLANATION IN THE HOUSE OF REPRESENTATIVES were made up of a $15,000 budget and only 10 students grades K–12. Since then, Franklin HON. CAROLYN McCARTHY Wednesday, September 9, 2009 School has grown to a diverse group of 365 Mr. SPRATT. Madam Speaker, I want to OF NEW YORK students from grades K–5 that captures the call the attention of the House to the remark- IN THE HOUSE OF REPRESENTATIVES excellence of what Bergen County students able life and work of Harriet Bucy, because it have to offer. With a dedicated teaching staff, Wednesday, September 9, 2009 is inspiring and a shining model of what citi- Franklin School has found new and exciting Mrs. MCCARTHY of New York. Madam zenship in a democracy is all about, strategies for enabling its students to excel in Speaker, I am continuing to recover from back When Harriet Bucy died on May 8, 2008, all areas of their instruction. Their mission is to surgery. Yesterday, I missed 3 votes. Had I she left a void in her community. She was one put children first and this directive has given been present, I would have voted as follows. of those rare individuals who seem to have incentive to provide the student body with the Rollcall No. 687, on the Motion to Suspend more energy and enterprise than the rest of necessary tools and guidance to obtain suc- the Rules and Pass H.R. 324, I would have us. Only a week before her death, the City cess. With laptop labs to teach communication voted ‘‘yea.’’ Council of Rock Hill recognized Harriet Bucy skills, learning centers to further judge and im- Rollcall No. 688, on the Motion to Suspend for her role in having Rock Hill selected prove performance, and performance meas- the Rules and Pass H.R. 310, I would have among the one hundred best communities in ures put in place to continually improve all voted ‘‘yea.’’ America for young people. Accomplishments educational offerings delivered to those who Rollcall No. 689, on the Motion to Suspend like these will last long after her. attend, Franklin School has established the the Rules and Pass, as Amended, H.R. 3123, Harriet Bucy was an artist and used her gold standard in educational offerings. I would have voted ‘‘yea.’’ passion for art to teach it to others. Her spirit The Franklin School is an exceptional edu- f and ability as a teacher won her the notice of cational facility that has nurtured and sent school district officials, and she was drafted forth successful students for the past 100 HONORING DONNA GARSKE for a succession of assignments. In each, it years. I am proud of its accomplishments and became clear that she had a gift for inspiring expect great things from those who have been HON. LYNN C. WOOLSEY and managing others. offered invaluable guidance from this notable OF CALIFORNIA Harriet Bucy was a founder of the Rock Hill school. Because of committed administrators IN THE HOUSE OF REPRESENTATIVES School District Foundation, and helped it build and selfless teachers who have put their time a network of support, and provide numerous and effort into the educational program offered Wednesday, September 9, 2009 teachers with thousands of dollars in scholar- to their students, Franklin School has made Ms. WOOLSEY. Madam Speaker, it is with ship grants. Like other institutions she created, this community in my district a better place. I great pleasure that I rise today to recognize it carries on. wish all the very best to the Franklin School Donna Garske for her deep commitment to Harriet Bucy started the Community and and all its staff and students in their next 100 ending violence against women. Congratula- Leadership Support Program, better known as years to come. tions to Donna as she celebrates this mile- CLASP, and continued forging relationships

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.021 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2220 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 between schools and organizations in the PERSONAL EXPLANATION While recognizing the federal government’s community. Governor Riley’s Education Im- role in ensuring the safety and soundness of provement Act mandated more involvement our financial institutions, these provisions HON. LYNN C. WOOLSEY would effectively transfer authority for de- between schools and community, without OF CALIFORNIA termining how a substantial part of com- specifying how these relationships were to be IN THE HOUSE OF REPRESENTATIVES pensation at these firms should be struc- created. Harriet Bucy built the model that tured from the Board (for executives) and the Wednesday, September 9, 2009 worked, not only in Rock Hill but in other dis- company (for other employees) to a consor- tricts who came to see what Rock Hill had ac- Ms. WOOLSEY. Madam Speaker, on July tium of regulatory agencies. Our concerns complished under her guidance. 31, 2009, I was unavoidably detained and was include: unable to record my vote for rollcall No. 685. The adoption of a one-size-fit all approach, I have attached a eulogy in tribute to Harriet which does not accommodate a company-spe- Had I been present I would have voted: cific approach to pay. The financial industry Bucy published in the Herald, shortly after her Rollcall No. 685: No—On Motion to Recom- death, and ask that it be printed after my is expansive, and an incentive structure that mit with Instructions, Corporate and Financial may be deemed risky at one organization statement, as a memorial to this woman ‘‘with Institution Compensation Fairness Act. may be perfectly acceptable at another, de- an overarching ability of bringing people to- f pending on the company’s business strategy, gether.’’ the risk profile of the organization, and miti- CORPORATE AND FINANCIAL IN- gating elements of the total pay program. [From the Herald, Sept. 9, 2009] STITUTION COMPENSATION The legislation instructs the agencies to BUCY SERVED COMMUNITY FAIRNESS ACT OF 2009 take a one-size fits all approach by prohib- iting pay structures that ‘‘could threaten the Harriet Bucy always contended that a SPEECH OF safety and soundness of covered financial in- community partnership was more than just a stitutions.’’ financial contribution. A real partnership in- HON. SPENCER BACHUS Even if a company-specific approach were volved families, business and industry, clubs, OF ALABAMA taken, the federal government has neither the faith community and organizations. the experience nor expertise to set executive IN THE HOUSE OF REPRESENTATIVES Bucy, who died Thursday at the age of 69, compensation arrangements for a wide vari- Friday, July 31, 2009 proved how important such a partnership ety of financial institutions. The legislation will replace the informed judgment of the could be during her 23 years as the Rock Hill Mr. BACHUS. Mr. Speaker, the following board of directors and compensation com- school district’s first community leadership trade association letters are offered for the mittee with the cursory knowledge of a fed- director. That partnership has endured. record in opposition to H.R. 3269 in order to eral regulator, eroding the authority of the The Rock Hill school district was among supplement my remarks during debate: board and its ability to closely tailor com- the first in the state to fully embrace man- JULY 30, 2009. pensation to the company. dates in the 1984 Education Improvement Act TO THE MEMBERS OF THE U.S. HOUSE OF The Obama Administration did not ask for to involve parents, businesses and the com- REPRESENTATIVES such expansive authority, no doubt a result munity more in schools. But the EIA did not of the interpretive and enforcement prob- Re Opposition to H.R. 3269, Corporate and Fi- provide a blueprint for how to do that and, lems created by the poorly crafted executive nancial Institutional Compensation Fair- compensation restrictions in the American when Bucy signed on, she practically had to ness Act of 2009. invent her own job. Recovery and Reinvestment Act, which The undersigned organizations strongly op- caused several companies to shift more pay Fortunately, she was not at all reluctant pose H.R. 3269, the ‘‘Corporate and Financial to guaranteed salary, rather than reasonable to do that. One goal was to bring in dona- Institution Compensation Fairness Act of performance-based incentives, in order to tions, and she was particularly adept at the 2009.’’ We believe that the bill would result comply. business end of the job, soliciting millions of in substantial unintended consequences, es- In addition, because our associations rep- dollars worth of donations and volunteer pecially the mandatory annual vote on pay resent companies across a variety of indus- hours each year. requirement in section 2 and the precedent- tries, we are also extremely concerned that But she also had taught private art classes setting authority granted to the federal gov- this model of pay regulation would expand to while her three sons were growing up and ernment over executive and employee com- other industries or situations, further put- pensation in section 4. In sum, we believe the had taught art and history at Rawlinson ting the federal government in control of pay bill would result in a ‘‘one-size-fits-all’’ ap- Road Middle School from 1982 to 1985 when decisions for private companies. This legisla- proach to compensation that would have the school was a junior high school. So, she tion would establish a form of compensation substantial negative implications for proper regulation for employees who interact with brought both a love of art and a passion for functioning of the corporate governance consumers. Rather than creating a new bu- educating children to the job. process, responsible growth, and effective reaucracy, we believe a more effective ap- She worked with Rock Hill Clean & Green risk mitigation that, when coupled with proach to regulating risk in incentives would to create an environmental education and re- other proposed legislation, would extend well be to establish a clear set of principles for cycling program. She worked with what then beyond the financial services industry. mitigating risk against which the regulatory was the Rock Hill Chamber of Commerce to Each of our organizations fully supports ef- agencies could review pay arrangements. sponsor an education initiative. She enlisted fective measures to increase awareness and A MANDATORY ANNUAL VOTE ON PAY mitigation of excessive risk in compensa- teachers and parents to create the Rock Hill Beyond section 4 of the bill, we also oppose tion. We believe that the board of directors, Reads program. an annual mandatory shareholder vote on acting through an independent compensation executive compensation because it does not Much of this came under the umbrella of committee, should be responsible for setting achieve the ends sought by proponents, is CLASP, the district’s Community Leader- compensation because it is so closely linked not sought by a majority of shareholders, ship and Support Program. Bucy also worked to business strategy and succession plan- and would not improve clear communication closely with the district’s Dropout Preven- ning. While many have developed and cir- between shareholders and the board. While tion Network, New Teacher Institute and culated principles to improve compensation we oppose the requirement embodied in H.R. America’s Promise project, and was active in and corporate governance, companies across 3269, there may be viable alternatives that civic work such as supporting the York all industries are taking steps to reinforce were unable to be explored with the limited County Museum. their understanding of these issues and are time frame taken by the House Financial taking action to revise practices that may Bucy soon was being consulted by other Services Committee in considering this leg- encourage excessive risk taking. Many of school districts in the state. Rock Hill’s pro- islation. these changes, such as majority voting for gram became a model not only for school dis- The Board of Directors has a fiduciary directors, independent compensation com- tricts in the state but also nationwide. duty for managing the company on behalf of mittees, advisory Say on Pay votes, elimi- all shareholders. The board’s compensation Her overarching talent was an ability to nating staggered boards, have been occurring committee is responsible for linking com- bring together people from all parts of the on a company by company basis for a long pensation incentives to confidential business community, from different backgrounds and period of time, without government man- strategy, aligning pay with the assessment different lifestyles, all for the purpose of fur- dates. of individual executive performance, and thering the quality of education. That good GOVERNMENT CONTROL OVER COMPENSATION using long-term incentives to support the work has provided the foundation for pro- We oppose Section 4 of the bill because it company’s succession planning process. An- grams that will continue to serve the needs would give the bank regulatory agencies au- nual say on pay votes would push compensa- of children for generations to come. thority to set the structure and thus the tion structures away from a company-spe- A grateful community joins her family and amount of executive and employee com- cific approach to ‘‘cookie-cutter’’ arrange- many friends in mourning her loss. pensation provided in the form of incentives. ments designed to ensure a high vote total.

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Despite the economic environment, share- 1. This legislation would have federal agen- NATIONAL ASSOCIATION OF holder resolutions seeking a say on pay have cies regulate the compensation of a vast FEDERAL CREDIT UNIONS, only received a majority support at roughly number of employees of covered firms. Pur- Arlington, VA, July 28, 2009. 30 percent of the companies at which they suant to H.R. 3269, financial services firms Re Comments on H.R. 3269 as pending in were offered in 2009. A 2008 independent would be required to submit practices and mark-up. study by a leading academic found that plans for incentive compensation for employ- Hon. BARNEY FRANK, among large institutional investors, only 25 ees to their appropriate regulator. The regu- Chairman, Committee on Financial Services, percent supported a shareholder vote. lator would then have the authority to ap- House of Representatives, Washington, DC. An annual mandatory vote requirement in prove or disapprove such plan, as well as Hon. SPENCER BACHUS, the United Kingdom has not reduced the take action for violations. In many firms, be- Ranking Member, Committee on Financial Serv- overall level of compensation and has re- cause incentive compensation plans range sulted in less of a link between pay and per- ices, House of Representatives, Washington, from the CEO to the receptionist, these pro- DC. formance. visions would place the federal government Congressional attempts to regulate DEAR CHAIRMAN FRANK AND RANKING MEM- in the position of regulating compensation amounts or structures of compensation have BER BACHUS. Mr. Chairman, I am writing on for all, or a vast majority of, employees in a typically backfired—increasing compensa- behalf of the National Association of Federal company. This would be particularly intru- tion or changing practices in unforeseen Credit Unions (NAFCU), the only trade asso- ways contrary to the intent of the restric- sive when coupled with the provisions of ciation that exclusively represents the inter- tions. One need look no further then the his- H.R. 3126 which would allow the proposed ests of our nation’s federal credit unions, in tory of stock options as a case study of this Consumer Financial Protection Agency to conjunction with H.R. 3269, the Corporate premise. While we oppose H.R. 3269 in its cur- regulate the compensation of employees who and Financial Institution Compensation rent form, because the legislation has been interact with consumers, regardless of indus- Fairness Act of 2009 as amended so far in available for only a short time, we believe try, such as real estate agents, or even cash- mark-up. that more time is warranted to give Con- iers who accept credit cards. Taken together, NAFCU continues to oppose the bill, as gress and interested parties an opportunity these two proposed bills constitute an un- amended, in its current form. While the to fully analyze and discuss the potential for precedented governmental intrusion into adoption of the Hensarling amendment, ex- harmful unintended consequences. matters that have historically been ad- empting institutions under $1 billion in as- Thank you for your consideration of our dressed by private actors. sets from the scope of Section 4 of the legis- views. We look forward to working with you 2. The ‘‘Say on Pay’’ provisions can be im- lation was a step in the right direction, we on this and other legislation. proved by making the votes triennial and continue to urge the Committee to amend Sincerely, providing for a 5-year opt-out if approved by this legislation so that it does not apply to Center for Executive Compensation, Na- a super-majority of shareholders. The Cham- credit unions. tional Association of Manufacturers, ber believes that the ‘‘Say on Pay’’ provi- As not-for-profit, member-owned coopera- Retail Industry Leaders Association, sions of H.R. 3269 can be improved. Cur- tives, credit unions were not the cause of the U.S. Chamber of Commerce. rently, the bill requires an annual advisory current financial crisis. The success of the vote at every company in the United States, credit union industry in this regard can be CHAMBER OF COMMERCE OF THE regardless of size, industry, history, and gov- attributed not only to its structure and na- UNITED STATES OF AMERICA, ernance. Rather, Congress should require ture, but to the fact that credit unions, un- Washington, DC, July 27, 2009. such an advisory vote every three years, like for-profit entities, are singularly fo- Hon. BARNEY FRANK, thereby tracking the typical life-span of an cused on service to their members and do not Chairman, Committee on Financial Services, average executive compensation package. chase stock returns. In fact, credit unions do House of Representatives, Washington, DC. This change would give shareholders a more not issue stock at all. Furthermore, they are Hon. SPENCER BACHUS, informed voice in the executive compensa- governed by a volunteer board of credit Ranking Member, Committee on Financial Serv- tion policies of a company. The Chamber union member directors that serve generally ices, House of Representatives, Washington, also believes that adding an opt-out provi- without remuneration and ultimately decide DC. sion is warranted. For example, if two-thirds the compensation for key employees of the DEAR CHAIRMAN FRANK AND RANKING MEM- of shareholders vote for a 5-year opt-out of credit union. It is therefore critical that BER BACHUS: The U.S. Chamber of Commerce, ‘‘Say on Pay’’ votes, small and mid-size com- non-profits be treated differently than for- the world’s largest business federation rep- panies would be able to mitigate the undue profit entities. resenting more than three million businesses costs and distractions associated with an an- Quite frankly, those running for-profit en- and organizations of every size, sector, and nual vote. tities, including community banks, have a region, believes that strong corporate gov- 3. Federal Law should not create a pre- profit motive that can open the door for ernance is an important part of the founda- abuse. In stark contrast, not-for-profit co- tion for a vibrant and growing economy. In emption if state corporate law contains mechanisms for independent compensation operatives quite simply have different mo- February, the Chamber issued a Statement tives, which substantially lessen the incen- of Principles providing, among other things, committees. State corporate law has fos- tered a diverse set of corporate governance tive for abuse. that executive compensation should balance NAFCU continues to believe that the in- individual accomplishment, corporate per- structures that have allowed the American clusion of credit unions as covered institu- formance, adherence to risk management, economy to be the richest and most produc- tions under Section 4 of the legislation and compliance with laws and regulations, and tive in world history. While the governance provisions requiring NCUA to prescribe joint the creation of shareholder value. The com- structures of some financial services firms regulations in conjunction with other regu- plete Statement of Principles is attached. have been questioned, 97 percent of the more lators who supervise for-profit, stock-issuing The Chamber opposes H.R. 3269, the ‘‘Cor- than 15,000 public companies in the United entities, does not make sense. Simply stated, porate and Financial Institution Compensa- States have had nothing to do with the fi- credit unions are not guided by the profit tion Fairness Act of 2009,’’ because it is in- nancial crisis. Accordingly, the Chamber be- motive or stock price manipulation to which consistent with these Principles. lieves that the legislation should not pre- Section 4 of H.R. 3269, particularly when empt state law. this legislation is aimed. It is with that in mind that we continue to read in conjunction with the compensation The Chamber believes these recommenda- oppose the legislation in its current form provisions proposed in H.R. 3126, the ‘‘Con- tions would represent significant improve- and urge the Committee to amend Section 4 sumer Fairness Protection Agency Act of ments to the bill and assist in providing of H.R. 3269 to exempt credit unions from 2009,’’ would establish direct government strong corporate governance policies needed this legislation. Without a current amend- control and regulation of compensation for for a growing economy. executives and workers alike. Employee ment pending before the Committee to do The Chamber also supports the Garrett compensation should be a decision by appro- this, we would support adoption of either the substitute amendment to the bill, which priate levels of management or the board of Neugebauer or Castle amendments to strike would allow for improved Say on Pay and directors on a variety of factors such as Section 4 of the bill. Conversely, if Section 4 Independent Compensation Committee provi- merit, promotions, or cost of living in- is maintained by the Committee, we would sions, while stripping Section 4 of the bill. creases. Furthermore, changes in corporate urge further amending H.R. 3269 to exempt Finally, the Chamber supports the Garrett governance should occur through a dialogue credit unions from Section 4 prior to consid- amendment to strike Section 4 of the bill, re- between management, directors, and share- eration on the House floor. If one of these holders, as allowed by controlling state cor- moving those provisions that would regulate changes were to be made, NAFCU could sup- porate law. The Chamber does not believe incentive compensation practices. port the legislation going forward. that the command and control regulatory The Chamber strongly supports corporate NAFCU appreciates the opportunity to scheme set forth in this legislation would governance reforms in line with our State- share our thoughts on this important topic lead to the economic growth and job creation ment of Principles, but urges you to oppose and we look forward to working with you that America desperately needs. H.R. 3269 because it is inconsistent with and your staff to address our concerns. The Chamber is particularly concerned these Principles on corporate governance. Should you have any questions or require with a number of provisions in H.R. 3269 and Sincerely, any additional information please do not offers the following recommendations: R. BRUCE JOSTEN. hesitate to contact me or Brad Thaler,

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NAFCU’s Director of Legislative Affairs. THE FINANCIAL a reasoned perspective on executive com- Sincerely, SERVICES ROUNDTABLE, pensation policy and practice issues from the FRED R. BECKER, Jr., Washington, DC, July 23, 2009. viewpoint of the senior human resource offi- President/CEO. Hon. BARNEY FRANK, cers of large companies. The Center’s public Chairman, Committee on Financial Services, policy positions are developed with the help CUNA, House of Representatives, Washington, DC. of its Subscribers to ensure a practical view Washington, DC, July 24, 2009. Hon. SPENCER BACHUS, that is also informed by its principles. The Hon. BARNEY FRANK, Ranking Member, Committee on Financial Serv- Center believes that a Board-centric ap- Chairman, Committee on Financial Services, ices, House of Representatives, Washington, proach to developing and disclosing a clear House of Representatives, Washington, DC. DC. link between pay and performance and for Hon. SPENCER BACHUS, DEAR CHAIRMAN FRANK AND RANKING MEM- mitigating excessive risk in executive com- BER BACHUS: The House Financial Services Ranking Member, Committee on Financial Serv- pensation plans is far preferable to having Committee is scheduled to mark up H.R. ices, House of Representatives, Washington, pay set by the Federal government. DC. 3269, the Corporate and Financial Institution DEAR CHAIRMAN FRANK AND RANKING MEM- Compensation Fairness Act of 2009, on Tues- Mandated Annual Vote On Pay Will Weak- BER BACHUS: On behalf of the Credit Union day morning. The Financial Services Round- en Corporate Governance. The Center op- National Association (CUNA), I am writing table supports the spirit of this legislation, poses mandated annual shareholder vote on regarding H.R. 3269, the Corporate and Fi- and the mutual goals of promoting corporate executive compensation in Section 2 of the nancial Institution Compensation Fairness accountability and good governance prac- bill because it would encourage the adoption Act of 2009. CUNA represents nearly 90 per- tices; however, we must oppose H.R. 3269. of ‘‘cookie cutter’’ pay arrangements rather cent of America’s 8,000 credit unions and Compensation programs are an important than arrangements carefully tailored to the tool in the financial services industry used their 92 million members. company and is not sought by a majority of We understand the concern some have re- to recruit and retain skilled employees. shareholders. Specifically, a mandatory vote garding the effect compensation structures These programs should be aligned with the that encourage excessive risk-taking have on overall safety and soundness of the organiza- on pay: the safety of financial institutions and the tion as well as shareholder interest. The Would Move the U.S. Toward a System of economy. We applaud efforts to address these Roundtable supports and promotes such Governance by Referendum. Boards of Direc- egregious practices. However, as the Com- goals as outlined in our Principles on Execu- tors, acting through an independent com- mittee prepares to consider H.R. 3269 next tive Compensation (see attached). pensation committee, discharge their fidu- week, we encourage you to exclude credit We have serious concerns about H.R. 3269 ciary duty to manage executive compensa- unions from the scope of the bill. The credit as drafted, including the requirement for tion on behalf of all shareholders by tying the union structure combined with strong com- Federal regulators to determine the types of amount and form of compensation to con- pensation regulations already in place have compensation structures that are appro- fidential business strategy, evaluating indi- resulted in credit unions being largely im- priate for financial institutions. Decisions mune from both excessive and unsafe risk- regarding incentive compensation programs vidual executive performance and using pay taking and from the criticism assigned to should be designed uniquely by corporations levers to manage the company’s succession for-profit financial services providers; thus, and their compensation committees to ac- planning process. A mandatory vote on pay the inclusion of credit unions under H.R. 3269 count for respective shareholder interest; seeks to substitute the judgment of the is unwarranted. long term sustainable, firm-wide success; shareholders for the informed judgment of As you know, credit unions are unique, and the time horizon of risks. Federal regu- the Board and is likely to open the door to member-owned, not-for-profit, financial co- lators currently require disclosure on the de- more shareholder votes on other issues, such operatives, and they simply do not have the tails and types of executive compensation ar- as where to expand or research and develop- same operational motives as for-profit depos- rangements, and specific to financial institu- ment decisions. itory institutions. As a result, credit unions tions, require that such arrangements be are risk-averse institutions operating in the consistent with safety and soundness guide- Would Result in a Cookie-Cutter Approach best interest of their members. Further, the lines. The Roundtable believes the existing to Pay. In order to have an informed view on compensation structure of credit unions is authority currently being exercised by Fed- pay, institutional investors and others faced not only less aggressive than the for-profit eral regulators is appropriate and in line with an annual nonbinding vote on pay financial institutions, it is also more mod- with protecting consumer and shareholder would be required to analyze 30–50 pages of est. According to our most recent survey of interests alike. disclosure for thousands of companies. Many our members, the median salary for a credit We appreciate your review and consider- will rely instead on the recommendation of union CEO is approximately $71,000; the aver- ation of these concerns as the committee proxy advisory services, which have their age salary is approximately $93,000. prepares to consider H.R. 3269. Please feel own views of how pay should be structured. The National Credit Union Administration free to call on me if I can be of assistance or In order to ensure substantial support, com- Board (NCUA) already has compensation reg- answer any questions. pensation committees will adopt pay ar- ulations in place that are designed to pre- Best Regards, rangements designed to get a high vote rath- vent the types of dangerous compensation STEVE BARTLETT, er than be tailored to the company. structures that exist in other sectors. These President and CEO. include Section 701.21(c) of NCUA’s Rules and Fails to Recognize That a Majority of Shareholders Have Not Supported Share- Regulations, restricting compensation re- CENTER ON EXECUTIVE holder Resolutions in 2009. Despite the cur- lated to loans to members and lines of credit COMPENSATION, rent economic environment, shareholder res- to members; Section 701.33, restricting com- Washington, DC, July 27, 2009. pensation to credit union board members; Re H.R. 3269, Corporate and Financial Insti- olutions asking companies to adopt an an- and Section 712.8, restricting compensation tutional Compensation Fairness Act of nual vote on pay have not received majority to credit union employees or board members 2009. support on average, with only 30 percent of from credit union service organizations in the votes receiving majority support. which the credit union has an outstanding Hon. BARNEY FRANK, loan or investment. Chairman, House Financial Services Committee, Ignores Research Results That Show the We believe that H.R. 3269, if applied to Rayburn House Office Building, Wash- Largest Institutional Investors Do Not credit unions, would at best be duplicative of ington, DC. Favor Say on Pay. A 2008 research study by current regulations and at worse could in- Hon. SPENCER BACHUS, Cornell University Professor Kevin Hallock crease the cost and regulatory burden on a Ranking Member, House Financial Services of large institutional investors showed that sector of the financial services industry that Committee, Rayburn House Office Building, 50 percent opposed say on pay while just 25 neither caused the economic crisis nor en- Washington, DC. percent supported it. Responses such as the gaged in the type of compensation arrange- DEAR CHAIRMAN FRANK AND RANKING MEM- following were typical ‘‘It is not clear A, ments that this legislation seeks to address. BER BACHUS: On behalf of the Center on Exec- what we are voting on and B, what others are Therefore, we cannot support this legislation utive Compensation, I am writing to express voting on. We can have a much more indi- in its current form and we would welcome the Center’s opposition to H.R. 3269 because vidual discussion and nuanced discussion’’ the opportunity to work with you and others of the far-ranging effects it will have on the [with the Board]. on the Financial Services Committee to U.S. system of corporate governance and ef- amend the legislation to exclude credit fective compensation policies. We are par- Has Not Reduced Pay Levels in the UK An unions. ticularly concerned about the provisions of annual mandatory vote requirement in the On behalf of America’s credit unions and the bill that impose an annual mandatory United Kingdom has not reduced the overall their 92 million members, thank you very vote on pay and direct the Federal govern- level of compensation (the FTSE 100 experi- much for your consideration. ment to prohibit compensation arrange- enced a 7% pay increase in 2008, while in the Sincerely, ments in the financial services industry. U.S., the S&P 500 experienced a 6.8 percent DANIEL A. MICA, As you know, the Center is a research and decline) and has resulted in less of a link be- President & CEO. advocacy organization that seeks to provide tween pay and performance.

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Wednesday, September 9, 2009 extraordinary authority to prohibit pay Tom was born in Glendale, California and structures and arrangements for executives Dave was born in Fresno, California to Hal Mr. LUCAS. Madam Speaker, pursuant to and individuals as well as pass judgment on and Loretta Schoettler. They are two of six the Republican Leadership standards on ear- specific compensation arrangements. Be- children; they were business partners, allies marks, I am submitting the following informa- cause the impact of different pay structures and friends. They both attended Madera High tion regarding earmarks I received as part of will have different effects based on the risk School and participated in athletics; Tom grad- H.R. 2647, the National Defense Authorization profile of the organization, the time horizon Act for Fiscal Year 2010. The ASSET program of the products or services sold and other uated in 1950 and Dave graduated in 1951. considerations, banning all pay structures During high school Tom began working for develops, tests, and transfers cost-effective lo- across the entire industry is likely to have his father at Schoettler Tire; this is where he gistics support technologies to reduce the significant unintended consequences and sets met his future wife, Ila. He joined the United costs associated with support of aging weapon a dangerous precedent for federal regulation States Navy after high school and was sta- systems and aircraft. The program addresses of compensation in other contexts. tioned at Camp Pendleton. Tom was recog- DOD needs for procuring replacement parts We are also concerned that the proposed nized with the Honor Man of Unit Award while for aging systems and aircraft, and helps DOD disclosure will result in a one-size-fits-all ap- proach to compensation. There are six regu- in the Navy. He served as a Dental Technician confront problems associated with corrosion. lators responsible for developing and imple- and considered a dental career; however f when he exited the Navy, his father needed menting the prohibitions and acceptable EARMARK DECLARATION practices required in the bill. So far, they him at the store. Tom went back to work at have not been able to agree on their respec- Schoettler Tire and is still working there today. tive responsibilities under the forthcoming After high school, Dave attended the Univer- HON. DUNCAN HUNTER regulatory restructuring. With this in mind, sity of California, Berkley. He received a Bach- OF CALIFORNIA it is likely that in order to come to agree- elor’ Degree in Business and was a member IN THE HOUSE OF REPRESENTATIVES ment on the pay practices that should be of the Reserve Officers’ Training Corps. Dave banned, the regulators will need to adopt a Wednesday, September 9, 2009 standardized approach to acceptable execu- married his wife, Dwynn and he entered the Mr. HUNTER. Madam Speaker, pursuant to tive compensation arrangements and there- United States Air Force. He served as Captain the Republican Leadership standards on ear- fore mute the ability of companies to set of the B–47 Bomber squadron. Dave and marks, I am submitting the following informa- forth a reasoned and reasonable approach to Dwynn were stationed in Homestead, Florida. tion regarding earmarks I received as part of pay for performance. Upon fulfilling his duty with the Air Force, he H.R. 3226, Department of Defense Appropria- The Center fully supports the mitigation of returned to central California to own and oper- tions Act, 2010: risk in incentives, as articulated in the at- ate a tire business in Coalinga and on the tached checklist for compensation commit- I received $3,000,000 for Trex Enterprises tees. The Center believes that mitigating central coast. at 10455 Pacific Center Court, San Diego, CA In 1974 Tom and Dave became partners in risk is a matter of balance on a number of 92121. Funding for this program will be used Schoettler Tire of Madera. The business, cur- fronts, including balance among the type of to complete development, flight testing and in- rently in the third generation on family partner- metrics measuring performance, balance be- tegration of the Brownout MMW Sensor that tween short- and long-term compensation ship, has changed locations a few times but it will reduce aircraft accident risk and allow air- and balance in ensuring incentives focus on is still family owned and operated. Dave and crew visibility through the full range of landing the time horizon of risk. These are decisions Tom operated Schoettler Tire for thirty-four and take-off operations in otherwise extremely best made by the Board Compensation Com- years focusing on the values that were in- mittee and disclosed in the annual proxy stilled in them by their father: integrity, honesty hazardous flight conditions. ‘‘Brownout’’ is a statement. As you know, the SEC is in the situation Army aviators experience in combat process of enhancing its disclosures of exces- and loyalty. These values led Schoettler Tire to not only be the largest tire company in the operations daily in Iraq and Afghanistan. Cre- sive risk in incentives for employees and ex- ated by helicopter rotor downwash, it con- ecutives that covers all employers. area, but a leader in the industry for excel- Finally, it is worth noting that previous lence in customer service. tinues to cause aircraft accidents and remains well-intended Congressional attempts to reg- Tom and Dave have been active in the a high risk to flight safety. ulate amounts or structures of compensation community. Tom is a member of the American Specifically, as aircraft approach the ground, have typically backfired—increasing com- Legion, Italian American Club, St. Joachim’s a thick plume of brown desert dust, dirt and pensation or changing practices in unfore- sand disturbed by high velocity winds from seen ways contrary to the intent of the re- Church, Boy Scouts and the Knights of Co- lumbus, where he served as Grand Knight. rotor systems engulf the aircraft, causing a strictions. A good example is the executive complete loss of the pilot’s visual reference to compensation restrictions included in the For his service he has been recognized by American Recovery and Reinvestment Act, Heartland Opportunity. Dave served on the the ground. The Brownout Situational Aware- which encourage greater salaries, rather National Board of Tire Companies, was a ness Sensor, BSAS, is a cockpit display sys- than a careful pay for performance orienta- member of Madera Elks, served as President tem capable of providing the aircrew visibility tion. Because H.R. 3269 has been available for of Phi Kappa Tau and was an alumnus of UC through the blowing sand and dust. This tech- only one week, we believe that more time is Berkley. Schoettler Tire actively supports and nology will greatly reduce the loss of aviator warranted to give the Committee and inter- lives, loss of aircraft and reduce the amount of ested parties an opportunity to fully analyze is a member of the Madera Chamber of Com- merce and has received numerous awards in maintenance requirements resulting in dam- and discuss the potential for harmful unin- ages from Brownout situations. Brownout is tended consequences. the tire industry for sales and customer serv- Thank you for your consideration of our ice. Beyond the time that both men have given among the biggest hazards to rotary-wing op- views. We look forward to working with you to the community, they have also both been fi- erations in Iraq and Afghanistan, contributing on this and other legislation. nancially generous to many local clubs and or- to more than 71 U.S. helicopter accidents. Sincerely yours, ganizations. Providing this capability is critical to aircrew TIMOTHY J. BARTL, Tom and Ila have been married for fifty-six safety and combat readiness. Senior Vice President and General Counsel. years. They have five sons, twenty grand- I also received $2,000,000 for CHI Systems f children and nine great-grandchildren. Dave at 12860 Danielson Court, Suite A, Poway, CA HONORING TOM AND DAVE and Dwynn had been married for fifty years 92064. There is currently insufficient training SCHOETTLER when Dave passed away in 2008. They have provided to soldiers on the most crucial battle- two sons, a daughter and six grandchildren. field lifesaving situations. Medics and soldiers, HON. GEORGE RADANOVICH Madam Speaker, I rise today to commend in many instances, lack the experience to act and congratulate Tom and Dave Schoettler swiftly and effectively in combat casualty situa- OF CALIFORNIA upon being honored as the Madera Chamber tion. By combining instrumented manikin parts IN THE HOUSE OF REPRESENTATIVES of Commerce 2009 Lifetime Achievement that support hands-on practice with computer Wednesday, September 9, 2009 Award Honoree. I invite my colleagues to join based scenario training, this funding will com- Mr. RADANOVICH. Madam Speaker, I rise me in wishing Tom and Dave’s family many plete the HapMed Combat Medic Trainer de- today to commend and congratulate Tom and years of continued success. velopment and provide medics and soldiers

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.034 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2224 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 the ability to practice critical lifesaving tasks. ture and intelligence requirements. Extra in- PERSONAL EXPLANATION In addition to providing realistic training sce- structional capacity for Goodfellow Air Force narios, HapMed is also portable, so soldiers Base in Mandarin and Arabic is also achieved. HON. JEFF FORTENBERRY can continue to train while they are deployed. The project is located at Angelo State Univer- OF NEBRASKA This system has received high praise in its sity, 2601 W. Avenue N, San Angelo, TX IN THE HOUSE OF REPRESENTATIVES ability to train soldiers for medical treatment 76909. on the battlefield. According to a Science and Wednesday, September 9, 2009 Technology Manager for the Army, ‘‘New tech- Mobile Firing Range for the Texas Army Na- Mr. FORTENBERRY. Madam Speaker, on nologies such as HapMed are needed to pro- tional Guard. The Mobile Firing Range is a rollcall No. 691, I was inadvertently delayed. vide medics with greater opportunities to de- self contained range that allows for the firing Had I been present, I would have voted velop and test their decision making and tech- of pistol and rifle systems for the Texas Na- ‘‘yes.’’ nical medical skills.’’ tional Guard. Currently there is no opportunity f New Army recruits must receive training in to fire weapons for training or qualification Buddy Aid or as Combat Life Savers (CLS). without traveling to a certified range on a mili- RECOGNIZING OHIO NATIONAL FI- NANCIAL SERVICES ON ITS 100TH Currently, insufficient training is provided to tary installation. The Texas National Guard ANNIVERSARY help soldiers and medics acquire and maintain currently does not have access to any indoor some of the crucial battlefield lifesaving skills ranges that can be used to fire the M16/M4 such as tourniquet application, needle chest which is the current armament for 90 percent HON. JEAN SCHMIDT decompression, and emergency of the soldiers within the Texas National OF OHIO cricothyrotomy, addressing, respectively, the Guard. The Mobile Firing Range will allow sol- IN THE HOUSE OF REPRESENTATIVES top three causes of preventable death on the Wednesday, September 9, 2009 battlefield. In order to perform these lifesaving diers to train with their assigned weapons at functions under battlefield conditions, military home station. This system is a training and Mrs. SCHMIDT. Madam Speaker, I rise personnel must have the awareness and con- force multiplier due to the negation of travel today to recognize the One Hundred Year An- fidence to act swiftly and effectively. and lodging, and staging needed when con- niversary of Ohio National Financial Services. Further, I received $1,500,000 for General ducting this training on a military facility. The On this day one century ago, Ohio National Atomics Aeronautical Systems at 14200 entity to receive funding for this project is began operating in its original home on Fourth Kirkham Way, Poway, CA 92064. The Pred- Texas National Guard, 2200 West 35th Street, Street in downtown Cincinnati. Their first pol- ator C has been designed and developed as Austin, TX 78763. icy was issued in October a year later. the next generation aircraft in the extremely Today, Ohio National continues a proud tra- Center for Hetero-Functional Materials. The successful Predator series Unmanned Aircraft dition as a community leader. In celebration of U.S. Army Research and Laboratory Material System. Predator C was designed in order to this century of service to our community, Ohio make the airplane more survivable in higher and Devices division has deemed the Center National is partnering with Habitat for Human- threat areas and to provide the U.S. Air Force for Hetero-Functional Materials, CHM, as crit- ity to build 10 houses over the next five with an armed reconnaissance capability that ical to developing next generation devices for years—one house for each decade of their will be able to fly into many areas around the the military. CHM provides the infrastructure commitment to Cincinnati. world undetected. and resources required for research and de- Madam Speaker, please join me in recog- Predator C is slightly larger than Predator B velopment of new materials and processes nizing Ohio National Financial Services 100th and is capable of carrying 2000 pounds of the that will be required for the fabrication of next Anniversary and in wishing them continued same mix of weapons as Predator B. Predator generation military devices. This initiative inte- success in the future. C will provide the U.S. Air Force with addi- grates multiple disciplines to help produce a f tional covert capability, enhanced by much new range of materials that will lead to new REMEMBERING THE ATTACKS OF higher operational and transit speeds for quick devices with unprecedented capabilities. The SEPTEMBER 11, 2001 response and quick repositioning for improved entity to receive funding for this project is mission flexibility and survivability. This system Texas State University at San Marcos, 601 also provides variations in signature reduction HON. EDDIE BERNICE JOHNSON University Drive, San Marcos, TX 78666. technologies. Furthermore, Predator C means OF TEXAS more jobs contributing to San Diego’s local Compact Pulsed Power Initiative. This fund- IN THE HOUSE OF REPRESENTATIVES ing would be used for the development of ex- economy while providing the men and women Wednesday, September 9, 2009 on the ground the resources they need to ac- plosive or battery-operated, compact, high- complish their mission. power radiation sources and associated an- Ms. EDDIE BERNICE JOHNSON of Texas. Madam Speaker, eight years after the attacks f tenna systems capable of destroying elec- tronics used for radars, communications, com- of September 11, 2001, we remember one of EARMARK DECLARATION the bloodiest days in our nation’s history with puter, or remote detonation devices, and oth- heavy hearts and tragic regret. I am once ers that can disable car engines. The informa- HON. K. MICHAEL CONAWAY again reminded of the heroes that selfishly tion gained from this research will be signifi- gave their lives so that others could make it to OF TEXAS cant in furthering our nation’s defense capa- IN THE HOUSE OF REPRESENTATIVES safety, and today we mourn their passing. We bilities especially in the area of disabling and remember, too, the victims who were so sadly Wednesday, September 9, 2009 destroying IEDs. The entity to receive funding ripped from our lives by one of the most Mr. CONAWAY. Madam Speaker, pursuant for this project is Texas Tech University, 2500 senseless acts of violence our country has to the House Republican standards on ear- Broadway, mail stop 3121, TX 79409. even seen. Today, I share in the grief of a marks, I am submitting the following informa- Field Deployable Hologram Production Sys- country and extend my deepest condolences tion regarding earmarks I received as part of tem. This funding would be used for com- to the friends and family of those that passed H.R. 3326—Department of Defense Appropria- pleting development of a compact production on that solemn day. tions Act, 2010. unit that produces 3D holographic imagery for As I think back to that painful morning, I re- Defense Critical Languages and Cultures mission planning and intelligence purposes for member how a sunny Tuesday unfolded into a Initiative—(Center for Security Studies) Angelo series of events that has shaped our national U.S. forces in Iraq and Afghanistan. The Army State University. The funding would be used conscious and affected us in ways that we requests a self-contained, field-deployable EHI for the University’s Center for Security Studies had no longer thought possible. We were re- which will produce cross culturally competent production system to accelerate imagery deliv- minded that there is still hate in the world. We students able to understand and influence out- ery to combat forces. The goal is a more effi- were reminded that there still exists the possi- comes in support of American national secu- cient, cost effective production system that bility of great tragedy in our country. And we rity objectives. The Center for Security Studies provides the deployed war fighter needed were reminded that we were vulnerable to the will directly benefit Goodfellow Air Force Base planning and intelligence capabilities on a problems that exist beyond our shores. by providing an educational degree completion much faster basis. The entity to receive fund- However, on that grim day, we saw an for faculty as well as research opportunities on ing for this project is Zebra Imaging, Inc, 9801 America that stood proudly and bravely and existing and emerging Air Force language, cul- Metric Blvd, Austin, TX 78758. an America that came together under difficult

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.037 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2225 circumstances. We must not forget that liberty, In his two decades of government service at tentially cost Medicare more by forcing people justice, and fairness are some of our greatest the Department of State and the National Se- unnecessarily into other facility based care. ideals, and we must continue to strive towards curity Council, he never wavered in his sup- For these reasons, I believe we must op- these goals, even in the face of tragic situa- port for democracy and human rights—bed- pose these cuts and lend our support to home tions. rocks of the American experience which healthcare. I would like to remember, too, a constituent shamefully are too often relegated to the side- f of mine who lost his life in the attacks. Michael lines in our foreign policy establishment. E. Tinley happened to be working in the World As a former U.S. representative in the REMEMBERING THE 9/11 ATTACKS Trade Center on that morning, and I offer my United Nations Human Rights Commission ON AMERICA deepest condolences to his friends and family. and former deputy U.S. representative in the Truly, I mourn with you. U.N. Security Council, he acquired a keen un- HON. RUSH D. HOLT Today, I join my fellow colleagues in hon- derstanding of how the institution works, and OF NEW JERSEY oring the victims who died on September 11, some of the political and ideological forces at IN THE HOUSE OF REPRESENTATIVES 2001. We remember these events with great play including those which seek to undermine sadness but new resolve, and as we continue the United States and delegitimize the state of Wednesday, September 9, 2009 our work, we will never forget the loss that we Israel. He has effectively spurred congres- Mr. HOLT. Madam Speaker, this week we felt that day. sional action to help rally friendly nations to pause to remember the nearly 3,000 Ameri- f support the U.S. position at the U.N. cans who lost their lives in New York, Penn- In a 2008 presentation at the University of sylvania, and at the Pentagon on September IN REMEMBRANCE AND HONOR OF Virginia Law School, he said, ‘‘As an immi- 11, 2001. There are no words that I or any of MICHAEL HORTON grant rather than a native of the United States, us can say that will take away the pain and let me tell you that I believe in the concept of grief of those who lost family members and HON. STEVE AUSTRIA American Exceptionalism.’’ friends during the attacks. Thousands from my district were among those who lost those dear OF OHIO I share this belief and would say that Am- bassador Schifter is himself an exceptional to them at the World Trade Center. The mem- IN THE HOUSE OF REPRESENTATIVES American. ory of that terrible day remains fresh in the Wednesday, September 9, 2009 minds of those who live or work in New York f Mr. AUSTRIA. Madam Speaker, I rise today City and Washington. on behalf of the constituents of Ohio’s 7th HOME HEALTHCARE CAN HELP This year also marked the tragic passing of Congressional District to express our deepest LOWER COSTS, IMPROVE RESULTS Beverly Eckert, who lost her husband Sean on sympathies to the family and friends of Mi- 9/11 and who subsequently co-founded the chael Horton and to recognize his numerous HON. VIRGINIA FOXX Voices of September 11th advocacy organiza- achievements. tion, which played a critical role in pushing for OF NORTH CAROLINA the creation of the 9/11 Commission. Beverly Michael was an active and engaged mem- IN THE HOUSE OF REPRESENTATIVES was one of the passengers on Continental Air- ber of our local community with his service to lines flight 3407, which crashed near Buffalo our nation in the military, work at his animal Wednesday, September 9, 2009 on February 12, 2009. hospital and spirit of community volunteerism. Ms. FOXX. Madam Speaker, the Census Today, we still owe Beverly Eckert and ev- Michael Horton served our nation bravely as Bureau currently estimates that our nation’s el- eryone else touched by the 9/11 attacks what a colonel in the United States Air Force and derly population will double between 2000 and we promised them: that we would reform our he cared for the animals of our area for 28 2050. And in my home state of North Carolina, governmental institutions to help prevent fu- years as the owner and president of the the elderly population is growing much faster ture attacks and that the perpetrators of 9/11 Fairborn Animal Hospital. than the national average. As our population would be brought to justice. Some progress He founded Fairbornites Restoring Our ages, a rising number of baby boomers will has been made in making our country less Greene Spaces (F.R.O.G.S.) and showed his become susceptible to one or more chronic vulnerable to future terrorist attacks, but much dedication to our community as the host of health conditions that will cost our Medicare work remains to be done. ‘‘Our Fairborn Heritage’’ and ‘‘Fairborn Plain system billions of dollars. At the same time, Our rail system is still needlessly vulnerable and Simple’’ on local television. Michael also our citizens age 65 and over have expressed to the kinds of attacks that rocked London, volunteered with Fairborn Parks and Recre- an overwhelming preference to live independ- Madrid, and Mumbai over the last several ation, Fairborn Heritage Days, Fairborn Police ently at home for as long as possible, among years. We have yet to screen 100 percent of Advisory Board and the Fairborn Education family and friends. the cargo entering our ports of entry and our Foundation. What is the solution? Since the elderly pop- ‘‘no fly lists’’ continue to contain the names of My thoughts and prayers are with Michael’s ulation overwhelmingly prefers to receive their innocent Americans who are routinely de- family and friends during this time of terrible healthcare at home and since such treatment tained for no legitimate reason while our po- loss. is much more cost effective, our government rous borders remain a potential pathway for f should be investing in home healthcare. terrorists to enter our country. I will continue Today, home healthcare is more than just my work to eliminate these holes in our de- TRIBUTE TO AMBASSADOR basic, long-term care. It is much more ad- fenses and to press for changes in our foreign RICHARD SCHIFTER vanced and sophisticated. Highly skilled and defense policy that will help us to remove nurses and therapists are already working Osama bin Laden and Al Qaeda as a threat HON. FRANK R. WOLF within the existing Medicare system to help to our people. OF VIRGINIA patients manage heart disease, diabetes, bal- As we remember those who have died and IN THE HOUSE OF REPRESENTATIVES ance problems and other illnesses that, if not seek to honor our commitments to them and properly treated, can increase the cost to their survivors, people all across America now Wednesday, September 9, 2009 Medicare. Home health is helping many of can take part in a new way to honor the mem- Mr. WOLF. Madam Speaker, I rise today to these people stay out of expensive alter- ory of those who perished on 9/11. pay tribute to Ambassador Richard Schifter— natives, and is allowing our seniors to remain Earlier this year, the Congress passed and a friend and lifelong champion for human at home where they ought to be. President Obama signed into law the Edward rights. His own harrowing experience as a With a rising older population, home M. Kennedy Serve America Act (Public Law Holocaust survivor has been foundational to healthcare programs that improve care, save 111–13). In addition to tripling national service his efforts on behalf of oppressed, persecuted money and are preferred by constituents are volunteerism opportunities to 250,000 for ev- people the world over. closely aligned with the government’s objec- eryone from students to retirees, this bipar- In the coming weeks, Ambassador Schifter tives for health reform. Yet, provisions in the tisan law designated September 11 every year will be honored by Project Interchange and the Democrat draft healthcare bill would cut $51 as a National Day of Service and Remem- American Jewish International Relations Insti- billion from the Medicare home health program brance. I encourage all Americans to use Sep- tute for his multi-faceted and important work in over the next decade. These reductions will tember 11 to honor the victims and heroes of this arena. I join them in marking his life-time have a detrimental effect on access to home the 9/11 tragedy by serving their neighbors achievements. care for our elderly population and could po- and communities.

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A09SE8.041 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2226 CONGRESSIONAL RECORD — Extensions of Remarks September 9, 2009 EARMARK DECLARATION tackle the most critical health issues, from ma- Christ, through the Unity Choir and Canaan’s laria to HIV/AIDS to deadly childhood dis- Male Chorus. He was an attentive, conscien- HON. JOHN LINDER eases. PATH shares its experience with pol- tious member of his Church. His faithfulness OF GEORGIA icymakers and government partners through to his Church community was a hallmark of IN THE HOUSE OF REPRESENTATIVES staff in its Washington, DC, and Bethesda, his life. Maryland, offices. His enthusiasm, hard work and resolute be- Wednesday, September 9, 2009 PATH has pioneered sustainable, culturally lief in a better world led him to become active Mr. LINDER. Madam Speaker, pursuant to relevant solutions to vexing health problems, in our political process. Reginald served as the Republican Leadership standards on ear- enabling communities worldwide to break the Vice Chairperson for Precinct 20 and he marks, I am submitting the following informa- longstanding cycles of poor health. By collabo- knew and helped many of the residents of that tion regarding funding that I requested as part rating with diverse public- and private-sector area. He worked tirelessly for many years to of H.R. 3288, the Departments of Transpor- partners, PATH helps provide appropriate elect candidates that would improve the lives tation, and Housing and Urban Development, health technologies and vital strategies that of everyday citizens. Many elected officials, in- and Related Agencies Appropriations Act, change the way people think and act, and cluding Vera Rison, benefitted from Reginald’s 2010. these changes, in turn, significantly improve wisdom and loyalty. I have counted him Requesting Member: Representative JOHN global health and well-being. among my supporters for many years and I LINDER PATH has received long-term support from will miss his insight and counsel. Bill Number: H.R. 3288, the Departments of the U.S. government throughout its life to de- He leaves behind his wife, Rosemary; Transportation, and Housing and Urban Devel- velop health technologies for low-resource set- daughters, Talishiya and Regina; and sons, opment, and Related Agencies Appropriations tings. It makes sure that industrialized-world Manus and Marshall; along with many other Act, 2010. solutions can be modified to serve developing relatives and friends that bear witness to the Account: Federal Highway Administration countries and thereby maximize health equity. good and fruitful life he lived. Interstate Maintenance Discretionary PATH has adapted, developed, or co-devel- Madam Speaker, I ask the House of Rep- Legal Name of Requesting Entity: Georgia oped more than 85 technologies designed to resentatives to rise with me and pay tribute to Department of Transportation improve the health and lives of people in low- the passing of a great human being, a de- Address of Requesting Entity: 2 Capitol resource countries, even in the most remote voted servant of Our Lord, a determined work- Square, S.W., Atlanta, GA 30334 areas of the globe. er for a better tomorrow, an excellent and Description of Request: This project will PATH’s work to protect the lives of families loyal friend. I will deeply miss Reginald Palmer allow the Georgia Department of Transpor- and communities addresses international and it is with great sadness that I mourn his tation to make modifications to the I–85 inter- goals for improving maternal, newborn, and passing. change at Pleasant Hill Road. This will ease child health. For example, PATH paired the f congestion and enhance access to I–85 for drug oxytocin—which can protect women from through traffic along Pleasant Hill Road. Ac- postpartum hemorrhage, the leading cause of HONORING MS. BETTY WRIGHT cording to the Commissioner of the Georgia maternal deaths—with its own invention, the Department of Transportation, ‘‘the modifica- Uniject device, a prefilled, single-use injection HON. KENDRICK B. MEEK tions will allow the interchange to meet in- system. This combination allows women who OF FLORIDA creasing traffic demand along Pleasant Hill give birth in rural health clinics or at home to IN THE HOUSE OF REPRESENTATIVES Road for travel across I–85, as well as to pro- receive a lifesaving dose of medicine when Wednesday, September 9, 2009 vide access to/from I–85 at adequate levels of they desperately need it for survival. PATH service.’’ Funding for this project will provide also worked with a U.S. company to develop Mr. MEEK of Florida. Madam Speaker, I am for preliminary engineering, environmental a small sticker called the vaccine vial monitor pleased to recognize and honor Ms. Betty documentation, and right of way planning/ac- that changes color when temperature-sensitive Wright, South Florida’s very own recording art- quisition phases to keep this plan on schedule vaccine has been exposed to heat, which ist who continues to contribute greatly to the and ease congestion. often happens in resource-poor areas chal- musical landscape of not only Miami-Dade f lenged with keeping medicines cool. This sim- County, but of the Nation through her artistry ple sticker means health workers don’t have to and musical talent. She has influenced a gen- MARKING PATH’S AWARD OF THE guess whether vaccine has been damaged, eration of female singer-songwriters, as well 2009 CONRAD N. HILTON HUMANI- and families can be assured their children are as the world of hip hop. TARIAN PRIZE receiving potent, and often life-saving, vac- A native Miamian, Ms. Wright was born on cine. December 21, 1953. She began her music ca- HON. JIM McDERMOTT These technologies are just two examples reer with her family in a gospel group called OF WASHINGTON of how PATH provides imaginative solutions to the Echoes of Joy. In 1965, she began switch- IN THE HOUSE OF REPRESENTATIVES ensure that important medicines and critical ing to R&B music when she was only 11 years old. She released her first album, My First Wednesday, September 9, 2009 health interventions reach the people who need them most. Time Around, in 1968. Her first hit single was Dr. MCDERMOTT. Madam Speaker, I am Profound health inequities persist around ‘‘Girls Can’t Do What Guys Can Do.’’ Toward proud and very pleased to rise today to inform the world, but PATH’s enlightening work the end of 1971, Ms. Wright’s single ‘‘Clean the House of Representatives that the Wash- shows us that solutions are at hand to solve Up Woman’’ became a Top 5 Pop and R&B ington State-based international nonprofit or- the world’s greatest health challenges. Please hit, which later influenced artist, Mary J. ganization PATH has received the 2009 Hilton join me in applauding PATH’s outstanding Blige’s ‘‘Real Love’’ with the sample of its gui- Humanitarian Prize—the world’s largest hu- achievements and its selection as the winner tar riffs. The single also influenced R & B manitarian award—for its work to improve of this year’s Hilton Humanitarian Prize. group, SWV’s single ‘‘I’m So In To You’’; human health around the world. This annual Afrika Bambaataa’s song, ‘‘Zulu War Chant’’; f award of $1.5 million from the Conrad N. Hil- and Sublime’s ‘‘Get Out!’’ remix. Additionally, ton Foundation acknowledges and advances HONORING REGINALD PALMER R&B artist, Beyonce´ has sampled ‘‘Girls Can’t the work of organizations dedicated to the re- Do What The Guys Do’’ for her hit ‘‘Upgrade lief of human suffering. Today, the Prize rec- HON. DALE E. KILDEE U.’’ ognizes PATH’s use of innovative tech- OF MICHIGAN Ms. Wright’s other noted singles are ‘‘To- nologies to solve global health problems. IN THE HOUSE OF REPRESENTATIVES night is the Night’’ (1974) and ‘‘Where Is the PATH is making an enormous difference in Love’’ (1975). ‘‘Where Is the Love’’ won a the health and lives of people around the Wednesday, September 9, 2009 Grammy for Best R&B Song in 1975. After ex- world, and this award very appropriately af- Mr. KILDEE. Madam Speaker, I rise today periencing a brief slump in the early 1980s, firms that work. to pay tribute to Reginald R. Palmer. Sadly, she rebounded and found her own record Headquartered in Seattle since its inception Mr. Palmer passed away on August 3rd. His label, Ms. B Records. In 1988, she made in 1977, PATH has helped to make Wash- funeral was held in Flint, Michigan on August music history by becomming the first woman ington State an emerging center for global 15th. to have a gold record on her own label with health solutions and life-changing innovations. Reginald Palmer was a member of Canaan the release of Mother Wit, which featured two PATH works in more than 70 countries to Baptist Church, and served Our Lord, Jesus of her most famous hits, ‘‘No Pain No Gain’’

VerDate Nov 24 2008 04:24 Sep 10, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A09SE8.046 E09SEPT1 tjames on DSKG8SOYB1PROD with REMARKS September 9, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2227 and the ‘‘After the Pain.’’ On both songs, Ms. Frank loves to dance and has fond memo- with the organization through her high school Wright displays her upper register capabilities ries of teaching his wife and dancing partner years. In 1971 she became an active member and seven-octave range. In 2001, she re- of 52 years, Ingrid, the Tango. of Algeria Guild for Children’s Hospital Central leased a compilation album, The Very Best of Madam Speaker, I ask that you join me in California, where she served as treasurer, Betty Wright. Her first studio album, Fit for a honoring Frank N. Barrett for reaching his secretary and president in 1976. She remains King, was also released the same year. 100th birthday. I hope we all have the good an active member of the guild and recently re- Currently, Ms. Wright continues to record fortune to live as long as him. ceived her thirty-five year pin. As her children music and mentors several young singers. f were growing up, they became involved with She has done vocal production for the likes of 4–H and Mrs. Berry was right along with them, Gloria Estefan, Jennifer Lopez and Joss HONORING SHERYL BERRY as the boys began their own beef cattle Stone. projects. She served as the project leader for Madam Speaker and my colleagues, I ask HON. GEORGE RADANOVICH eighteen years in the areas of citizenship, cul- that you join me in honoring Ms. Betty Wright, OF CALIFORNIA tural exchange, outdoor camping and sewing. Mrs. Berry also served as the 4–H Co-Camp a true beacon of hope and musical talent from IN THE HOUSE OF REPRESENTATIVES the 17th Congressional District of Florida. She Director for ten years. is an outstanding American worthy of our col- Wednesday, September 9, 2009 In 1985 Mrs. Berry became involved with lective honor and appreciation. It is with deep Mr. RADANOVICH. Madam Speaker, I rise the Madera County Historical Society, where respect and admiration that I commend Ms. today to commend and congratulate Sheryl she is the current president and has main- Wright for sharing her beautiful talents with the Berry upon being named by the Madera Dis- tained that position for ten years. Through her rest of us. Through all of her adversity she trict Chamber of Commerce as a 2009 Life- involvement with the Historical Society, she continued to grace us with her gift of song. time Achievement Award Honoree. Mrs. Berry became involved with the Madera Method was recognized on Wednesday, August 26, Wagon Train. She has traveled trails with the f 2009 at the Fifth Annual Lifetime Achievement Wagon Train through the Madera County foot- Awards and Installation Dinner. hills, to Stockton, California and to Houston, RECOGNIZING FRANK N. BARRETT Sheryl Berry was born at Dearborn Hospital Texas. OF CRYSTAL RIVER, FLORIDA in Madera, California to Bob and Merrill Howe. For her community activities, Mrs. Berry has During her childhood she was surrounded by received multiple awards and honors includ- HON. GINNY BROWN-WAITE her brothers and cousins. Work and commu- ing, the 1987 4–H ‘‘Outstanding Community OF FLORIDA nity service began at a young age for Mrs. Club Leader,’’ Madera District Fair 1988 IN THE HOUSE OF REPRESENTATIVES Berry. At five years old, she became a mem- ‘‘Homemaker of the Year,’’ California State ber of Camp Fire and she had her first job at University, Fresno Ag One ‘‘Women in Agri- Wednesday, September 9, 2009 the age of eight, licking postage stamps at the culture, Common Thread Award’’ in 2000 and Ms. GINNY BROWN-WAITE of Florida. family-owned business, TECO. She graduated the Madera County Historical Society ‘‘Presi- Madam Speaker, I rise today to honor Frank from Madera Union High School and attended dential Fume Award’’ in 2005. Mrs. Berry has N. Barrett of Citrus County, Florida. In a cou- Fresno State. a life long history of working to create a better ple of days, Frank will do something that all of Mrs. Berry has dedicated her entire life to community in Madera. us strive to do, but that very few of us will family, career and community. As a worker for Mrs. Berry has been married to Randy for ever accomplish, celebrate his 100th birthday. the family business, TECO, she became thirty-three years. She has four sons and elev- Born September 10, 1909 in East Orange, known for her high business standards, strong en grandchildren. New Jersey, Frank is the oldest of seven chil- sense of loyalty to the customers and further Madam Speaker, I rise today to commend dren. He owned and operated a chemical and creating a highly successful business. After and congratulate Sheryl Berry upon being machinery business in Connecticut before he forty years, Mrs. Berry retired from managing honored with the Madera Chamber of Com- and his family moved to Florida more than 25 the business, allowing her to spend even more merce 2009 Lifetime Achievement Award. I in- years ago. Frank is the loving father to six time in the community and with her family. vite my colleagues to join me in wishing Mrs. children, 11 grandchildren and fourteen great The Camp Fire experience was a lasting Berry many years of continued success. grandchildren! commitment for Mrs. Berry. She continued

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HIGHLIGHTS Senate passed S. 1023, Travel Promotion Act. Senator Mel Martinez, of Florida, submitted a letter of resignation from the United States Senate. House and Senate met in a Joint Session to receive a message from the President of the United States. Senate ship in golf, and the bill was then passed, clearing Chamber Action the measure for the President. Page S9189 Routine Proceedings, pages S9143–S9191 Majority Party Membership: Senate agreed to S. Measures Introduced: Three bills and two resolu- Res. 257, to constitute the majority party’s member- tions were introduced, as follows: S. 1655–1657, and ship on certain committees for the One Hundred S. Res. 256–257. Page S9186 Eleventh Congress, or until their successors are cho- Measures Reported: sen. Page S9189 S. 1308 to reauthorize the Maritime Administra- Reserve Officers Association Modernization tion, with an amendment in the nature of a sub- Act—Referral Agreement: A unanimous-consent stitute. (S. Rept. No. 111–73) Page S9186 agreement was reached providing that the Com- Measures Passed: mittee on Armed Services was discharged from fur- ther consideration of S. 1599, to amend title 36, Travel Promotion Act: By 79 yeas to 19 nays United States Code, to include in the Federal charter (Vote No. 272), Senate passed S. 1023, to establish of the Reserve Officers Association leadership posi- a non-profit corporation to communicate United tions newly added in its constitution and bylaws, States entry policies and otherwise promote leisure, and the bill then be referred to the Committee on business, and scholarly travel to the United States, the Judiciary. Page S9189 as amended, after taking action on the following amendments proposed thereto: Appointment Correction—Agreement: A unani- Pages S9153–66, S9170–72 mous-consent agreement was reached providing that Adopted: the Record reflect that the appointment of General Reid (for Dorgan/Rockefeller) Amendment No. Michael Hayden to the Public Interest Declassifica- 1347, of a perfecting nature. Pages S9153, S9170 tion Board, made during the adjournment of the Withdrawn: Senate, was made by the Republican Leader rather Reid Amendment No. 1348 (to Amendment No. than the Majority Leader. Page S9190 1347), to change the enactment date. Message from the President: Senate received the Pages S9153, S9170 following message from the President of the United Reid Amendment No. 1349 (to the language pro- States: posed to be stricken by Amendment No. 1347), to Transmitting the President’s address delivered to change the enactment date. Pages S9153, S9170 a Joint Session of Congress on September 9, 2009 Reid Amendment No. 1350 (to Amendment No. relative to health care legislation; which was ordered 1349), of a perfecting nature. Pages S9153, S9170 to lie on the table. (PM–29) Pages S9179–83 Congressional Gold Medal: Committee on Bank- Removal of Injunction of Secrecy: The injunction ing, Housing, and Urban Affairs was discharged of secrecy was removed from the following treaty: from further consideration of H.R. 1243, to provide Protocol Amending Tax Convention with France for the award of a gold medal on behalf of Congress (Treaty Doc. No. 111–4). to Arnold Palmer in recognition of his service to the The treaty was transmitted to the Senate today, Nation in promoting excellence and good sportsman- considered as having been read for the first time, and D1009

VerDate Nov 24 2008 05:30 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D09SE9.REC D09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1010 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2009 referred, with accompanying papers, to the Com- ing legislation, focusing on carbon markets and pro- mittee on Foreign Relations and ordered to be print- ducer groups, after receiving testimony from Gary ed. Pages S9189–90 Gensler, Chairman, United States Commodities Fu- Sunstein Nomination—Cloture: Senate resumed tures Trading Commission; Timothy H. Profeta, consideration of the nomination of Cass R. Sunstein, Duke University Nicholas Institute for Environ- of Massachusetts, to be Administrator of the Office mental Policy Solutions, Durham, North Carolina; of Information and Regulatory Affairs, Office of Joseph R. Glace, Exelon Corporation, and Julie Management and Budget. Pages S9166–70, S9172–75 Winkler, Green Exchange Venture, both of Chicago, During consideration of this measure today, Senate Illinois; David Miller, Iowa Farm Bureau, Des also took the following action: Moines; Fred Yoder, National Corn Growers Associa- By 63 yeas to 35 nays (Vote No. 273), three-fifths tion, Plain City, Ohio; Luke Brubaker, Brubaker of those Senators duly chosen and sworn, having Farms, Myerstown, Pennsylvania; Frank Rehermann, voted in the affirmative, Senate agreed to the motion US Rice Producers Association, Live Oak, California; to close further debate on the nomination. and W. Andrew Beckstoffer, Beckstoffer Vineyards, Pages S9172–73 Rutherford, California. A unanimous-consent agreement was reached pro- APPROPRIATIONS: DEPARTMENT OF viding for further consideration of the nomination at DEFENSE approximately 12:30 p.m., on Thursday, September Committee on Appropriations: Subcommittee on Defense 10, 2009. Page S9190 approved for full Committee consideration an origi- Nominations Received: Senate received the fol- nal bill making appropriations for the Department of lowing nominations: Defense for fiscal year 2010. 3 Air Force nominations in the rank of general. NOMINATION 43 Army nominations in the rank of general. 1 Coast Guard nomination in the rank of admiral. Committee on Foreign Relations: Committee concluded 2 Marine Corps nominations in the rank of gen- a hearing to examine the nomination of Robert D. eral. Hormats, of New York, to be Under Secretary of 3 Navy nominations in the rank of admiral. State for Economic, Energy, and Agricultural Affairs, Pages S9190–91 after the nominee, who was introduced by Senator Schumer, testified and answered questions in his own Messages from the House: Page S9183 behalf. Measures Referred: Pages S9183–84 UNITED STATES FORENSIC SCIENCE Executive Communications: Pages S9184–86 Committee on the Judiciary: Committee concluded a Additional Cosponsors: Pages S9186–88 hearing to examine strengthening forensic science in Statements on Introduced Bills/Resolutions: the United States, after receiving testimony from Pages S9188–89 Eric Buel, Vermont Department of Public Safety Fo- rensic Laboratory, Waterbury; Peter Neufeld, Inno- Additional Statements: Pages S9177–79 cence Project, New York, New York; Harold L. Notices of Hearings/Meetings: Page S9189 Hurtt, Chief, Houston Police Department, Houston, Authorities for Committees to Meet: Page S9189 Texas; Paul C. Giannelli, Case Western Reserve Uni- Record Votes: Two record votes were taken today. versity, Cleveland, Ohio; Barry D. Matson, Alabama District Attorneys Association, Montgomery; and (Total—273) Pages S9170, S9173 Matthew F. Redle, Sheridan County, Sheridan, Wyo- Adjournment: Senate convened at 10 a.m. and ad- ming, on behalf of the National District Attorneys journed at 9:07 p.m., until 9:30 a.m. on Thursday, Association. September 10, 2009. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s NOMINATIONS Record on page S9190.) Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Joseph A. Committee Meetings Greenaway, Jr., of New Jersey, to be United States Circuit Judge for the Third Circuit, who was intro- (Committees not listed did not meet) duced by Senators Menendez and Lautenberg, Ro- berto A. Lange, to be United States District Judge GLOBAL WARMING LEGISLATION for the District of South Dakota, who was intro- Committee on Agriculture, Nutrition, and Forestry: Com- duced by Senator Johnson, Irene Cornelia Berger, to mittee concluded a hearing to examine global warm- be United States District Judge for the Southern

VerDate Nov 24 2008 05:30 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D09SE9.REC D09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1011 District of West Virginia, who was introduced by son (FL), and Ignacia S. Moreno, of New York, to Senator Rockefeller, Charlene Edwards Honeywell, to be Assistant Attorney General, Department of Jus- be United States District Judge for the Middle Dis- tice, after the nominees testified and answered ques- trict of Florida, who was introduced by Senator Nel- tions in their own behalf. h House of Representatives Heavy Duty Hybrid Vehicle Research, Develop- Chamber Action ment, and Demonstration Act of 2009: H.R. 445, Public Bills and Resolutions Introduced: 5 public amended, to establish a research, development, dem- bills, H.R. 3542–3546; and 5 resolutions, H. Res. onstration, and commercial application program to 723–725, 727–728, were introduced. Page H9396 promote research of appropriate technologies for Additional Cosponsors: Pages H9397–98 heavy duty plug-in hybrid vehicles; Pages H9355–57 Report Filed: A report was filed today as follows: Recognizing the 75th anniversary of the passage H. Res. 726, providing for consideration of the of the Federal Credit Union Act: H. Res. 556, to bill (H.R. 965) to amend the Chesapeake Bay Initia- recognize the 75th anniversary of the passage of the tive Act of 1998 to provide for the continuing au- Federal Credit Union Act and the vibrant Federal thorization of the Chesapeake Bay Gateways and credit union community that was created as a result Watertrails Network (H. Rept. 111–249). of this important piece of legislation; Pages H9357–59 Page H9396 Promoting Transparency in Financial Reporting Speaker: Read a letter from the Speaker wherein she Act of 2009: H.R. 2664, to require annual oral testi- appointed Representative Holden to act as Speaker mony before the Financial Services Committee of the pro tempore for today. Page H9345 Chairperson or a designee of the Chairperson of the Chaplain: The prayer was offered by the Guest Securities and Exchange Commission, the Financial Chaplain, Dr. Benny Tate, Rock Springs Church, Accounting Standards Board, and the Public Com- Milner, Georgia. Page H9345 pany Accounting Oversight Board, relating to their efforts to promote transparency in financial report- Committee Election: The House agreed to H. Res. 723, electing a minority member to a standing com- ing; Pages H9359–60 mittee: Committee on Oversight and Government Nonadmitted and Reinsurance Reform Act of Reform: Representative Luetkemeyer. Page H9350 2009: H.R. 2571, to streamline the regulation of Suspensions: The House agreed to suspend the rules nonadmitted insurance and reinsurance; and pass the following measures: Pages H9360–63 Wind Energy Research and Development Act of Star-Spangled Banner Commemorative Coin 2009: H.R. 3165, amended, to provide for a pro- Act: H.R. 2097, to require the Secretary of the gram of wind energy research, development, and Treasury to mint coins in commemoration of the bi- demonstration; Pages H9351–52 centennial of the writing of the Star-Spangled Ban- ner, by a 2⁄3 yea-and-nay vote of 419 yeas to 1 nay, Recognizing the remarkable contributions of the Roll No. 691; Pages H9363–65, H9388 American Council of Engineering Companies for its 100 years of service to the engineering industry Providing for the appointment of France A. Cor- and the Nation: H. Res. 447, to recognize the re- dova as a citizen regent of the Board of Regents markable contributions of the American Council of of the Smithsonian Institution: S. J. Res. 9, to pro- Engineering Companies for its 100 years of service vide for the appointment of France A. Cordova as a to the engineering industry and the Nation, by a 2⁄3 citizen regent of the Board of Regents of the Smith- yea-and-nay vote of 420 yeas with none voting sonian Institution; Pages H9365–66 ‘‘nay’’, Roll No. 690; Pages H9352–53, H9387 Authorizing the use of the Capitol Grounds for Supporting the goals and ideals of National a celebration of Citizenship Day: H. Con. Res. Aerospace Day: H. Con. Res. 167, to support the 136, to authorize the use of the Capitol Grounds for goals and ideals of National Aerospace Day; a celebration of Citizenship Day; Pages H9366–67 Pages H9353–55

VerDate Nov 24 2008 05:30 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D09SE9.REC D09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1012 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2009 William O. Lipinski Federal Building Designa- Expressing the sense of the House of Representa- tion Act: H.R. 2498, to designate the Federal build- tives regarding the terrorist attacks launched ing located at 844 North Rush Street in Chicago, Il- against the United States on September 11, 2001: linois, as the ‘‘William O. Lipinski Federal Build- H. Res. 722, to express the sense of the House of ing’’, by a 2⁄3 yea-and-nay vote of 419 yeas with Representatives regarding the terrorist attacks none voting ‘‘nay’’, Roll No. 692; launched against the United States on September 11, Pages H9367–68, H9388–89 2001, by a 2⁄3 yea-and-nay vote of 416 yeas with Providing for the transfer of certain Federal none voting ‘‘nay’’, Roll No. 693. property to the Galveston Historical Foundation: Pages H9379–87, H9389 H.R. 2121, amended, to provide for the transfer of Moment of Silence: The House observed a moment certain Federal property to the Galveston Historical of silence in memory of the victims of the terrorist Foundation; Page H9368 attacks on September 11, 2001. Page H9387 Agreed to amend the title so as to read: ‘‘To au- Recess: The House recessed at 3:31 p.m. and recon- thorize the Administrator of General Services to con- vened at 7:45 p.m. Page H9390 vey a parcel of real property in Galveston, Texas, to President Obama’s Address to the Joint Session the Galveston Historical Foundation.’’. Page H9368 of Congress: President Barack Obama delivered a Albert Armendariz, Sr., United States Court- message to a joint session of Congress. He was es- house Designation Act: H.R. 2053, to designate the corted into the House Chamber by a committee United States courthouse located at 525 Magoffin comprised of Representatives Hoyer, Clyburn, Larson Avenue in El Paso, Texas, as the ‘‘Albert (CT), Becerra, Van Hollen, George Miller (CA), Armendariz, Sr., United States Courthouse’’; DeLauro, Kennedy, Boehner, Cantor, Pence, Pages H9368–70 McCotter, Carter, Sessions, McCarthy (CA), and Alto Lee Adams, Sr., United States Courthouse Blunt and Senators Reid, Durbin, Schumer, Murray, Designation Act: H.R. 3193, to designate the Menendez, Dorgan, Stabenow, McConnell, Kyl, Al- United States courthouse under construction at 101 exander, Murkowski, Thune, and Cornyn. The Presi- South United States Route 1 in Fort Pierce, Florida, dent’s message was referred to the Committee of the as the ‘‘Alto Lee Adams, Sr., United States Court- Whole House on the State of the Union and ordered house’’; Pages H9370–71 printed as a House Document (H. Doc. 111–62). The Speaker declared the joint session dissolved at Requesting that the President focus appropriate 9:07 p.m. Pages H9390–94 attention on neighborhood crime prevention and community policing: H. Res. 623, to request that Senate Messages: Message received from the Senate the President focus appropriate attention on neigh- today and messages received from the Senate by the borhood crime prevention and community policing, Clerk and subsequently presented to the House and coordinate certain Federal efforts to participate today appear on pages H9350 and H9390. in National Night Out, which occurs the first Tues- Senate Referrals: S. Res. 255 was held at the desk. day of August each year, including by supporting Quorum Calls—Votes: Four yea-and-nay votes de- local efforts and community watch groups and by veloped during the proceedings of today and appear supporting local officials, to promote community on pages H9387, H9388, H9388–89, and H9390. safety and help provide homeland security; There were no quorum calls. Pages H9371–73 Adjournment: The House met at 10 a.m. and ad- Recognizing September 11 as a ‘‘National Day journed at 9:10 p.m. of Service and Remembrance’’: H. Res. 718, to rec- ognize September 11 as a ‘‘National Day of Service and Remembrance’’; Pages H9373–76 Committee Meetings Honoring the first responders, paying tribute to MEDICAL ISOTOPE CRISIS the victims of the Southern California wildfires, Committee on Energy and Commerce: Subcommittee on and mourning the loss of Firefighter Captain Energy and Environment held a hearing entitled Tedmund ‘‘Ted’’ Hall, and Firefighter Specialist ‘‘Solving the Medical Isotope Crisis,’’ to examine the Arnaldo ‘‘Arnie’’ Quinones: H. Res. 724, to honor American Medical Isotopes Production Act of 2009 the first responders, pay tribute to the victims of the (H.R 3276). Testimony was heard from Parrish Sta- Southern California wildfires, and mourn the loss of ples, Director, European and African Threat Reduc- Firefighter Captain Tedmund ‘‘Ted’’ Hall, and Fire- tion, Office of Global Threat Reduction, National fighter Specialist Arnaldo ‘‘Arnie’’ Quinones; and Nuclear Security Administration, Department of En- Pages H9376–79 ergy; and public witnesses.

VerDate Nov 24 2008 05:30 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D09SE9.REC D09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE September 9, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1013 RYAN WHITE EXTENSION ACT Settlement Act. Testimony was heard from Mike Committee on Energy and Commerce: Subcommittee on Connor, Commissioner, Bureau of Reclamation, De- Health held a hearing entitled ‘‘ ‘Ryan White Exten- partment of the Interior; and public witnesses. sion Act of 2009’ Discussion Draft Legislation.’’ Tes- U.S.’S AFGHANISTAN/PAKISTAN timony was heard from Mary Wakefield, R.N., Of- ACCOUNTABILITY fice of the Administrator, Health Resources Services Committee on Oversight and Government Reform: Sub- Administration, Department of Health and Human committee on National Security and Foreign Affairs Services; Marcia Crosse, Health Care Director, GAO; held a hearing entitled ‘‘Afghanistan and Pakistan: and public witnesses. Accountability Community Oversight of a New MAKING HOME AFFORDABLE PROGRAM Interagency Strategy.’’ Testimony was heard from Committee on Financial Services. Subcommittee on MG Arnold Fields, USMC (Ret.), Inspector General, Housing and Community Opportunity held a hear- Special Inspector General, Afghanistan Reconstruc- ing entitled ‘‘Progress of the Making Home Afford- tion; from the following officials of the Department able Program: What Are the Outcomes for Home- of State: Harold W. Geisel, Inspector General; and owners and What Are the Obstacles to Success?’’ Donald A. Gambatesa, Inspector General, U.S. Testimony was heard from Michael S. Barr, Assistant Agency for International Development; Gordon S. Secretary, Financial Institutions, Department of the Heddwell, Inspector General, Department of De- Treasury; David Stevens, Assistant Secretary, Hous- fense; and Jacquelyn Williams-Bridgers, Managing ing/Federal Housing Commissioner, Department of Director, International Affairs and Trade, GAO. Housing and Urban Development; Paul S. Willen, CHESAPEAKE BAY GATEWAYS AND Senior Economist and Policy Advisor, Federal Bank WATERTRAILS NETWORK CONTINUING of Boston, Federal Reserve System; and public wit- AUTHORIZATION ACT nesses. Committee on Rules: Granted, by a non-record vote, a LENDING INDUSTRY’S FORECLOSURE structured rule providing for consideration of H.R. Committee on the Judiciary, Subcommittee on Com- 965, the ‘‘Chesapeake Bay Gateways and Watertrails mercial and Administrative Law held a hearing on Network Continuing Authorization Act.’’ The rule the Role of the Lending Industry in the Home Fore- provides one hour of debate equally divided and con- closure Crisis. Testimony was heard from Elizabeth trolled by the chairman and ranking minority mem- W. Magner, U.S. Bankruptcy Court, Eastern District ber of the Committee on Natural Resources. of Louisiana; Suzanne Sangree, Law Department, Bal- The rule waives all points of order against consid- timore, Maryland; and public witnesses. eration of the bill except those arising under clause 9 or 10 of rule XXI. The rule provides that the bill AMERICAN CONSERVATION AND CLEAN shall be considered as read. The rule waives all ENERGY INDEPENDENCE ACT points of order against provisions of the bill. Committee on Natural Resources: Subcommittee on En- The rule makes in order the amendment in the ergy and Mineral Resources held a hearing on H.R. nature of a substitute printed in the report, if offered 2227, American Conservation and Clean Energy by Representative Bishop of Utah or his designee, Independence Act. Testimony was heard from Rep- which shall be in order without intervention of any resentatives Tim Murphy of Pennsylvania and Aber- point of order except those arising under clause 9 or crombie; and public witnesses. 10 of rule XXI, shall be considered as read, and shall be separately debatable for 20 minutes equally OVERSIGHT—OFFSHORE AQUACULTURE divided and controlled by the proponent and an op- Committee on Natural Resources: Subcommittee on In- ponent. sular Affairs, Oceans and Wildlife held an oversight The rule provides one motion to recommit with hearing on offshore aquaculture. Testimony was or without instructions. Testimony was heard from heard from James Balsiger, Acting Assistant Admin- Representatives Sarbanes and Hastings of Wash- istrator, Fisheries, National Marine Fisheries Services, ington. NOAA, Department of Commerce; and public wit- H1N1 FLU’S BUSINESS IMPACTS nesses. Committee on Small Business: Held a hearing entitled INDIAN WATER RIGHTS SETTLEMENT ‘‘The Challenges of the 2009—H1N1 Influenza and Committee on Natural Resources: Subcommittee on its Potential Impact on Small Businesses and Water and Power held a hearing on the following Healthcare Providers.’’ Testimony was heard from bills: H.R. 3254, Taos Pueblo Indian Water Rights Rebecca Blank, Under Secretary, Economic Affairs, Settlement Act; and H.R. 3342, Aamodt Litigation Department of Commerce; RADM Anne Shuchat,

VerDate Nov 24 2008 05:30 Nov 11, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D09SE9.REC D09SE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE D1014 CONGRESSIONAL RECORD — DAILY DIGEST September 9, 2009 M.D., USPHS, Assisting Surgeon General, U.S. Pub- tions of Jeffrey L. Viken, to be United States District lic Health Service, Director, National Center, Immu- Judge for the District of South Dakota, and Beverly Bald- nization and Respiratory Diseases, Centers for Dis- win Martin, to be United States Circuit Judge for the ease Control and Prevention, Department of Health Eleventh Circuit, and Peter F. Neronha, to be United and Human Services; Bridger McGaw, Acting As- States Attorney for the District of Rhode Island, Daniel sistant Secretary for the Private Sector, Office of Pol- G. Bogden, to be United States Attorney for the District icy/Office of Private Sector, Department of Home- of Nevada, Dennis K. Burke, to be United States Attor- ney for the District of Arizona, and Neil H. MacBride, land Security; and public witnesses. to be United States Attorney for the Eastern District of Virginia, all of the Department of Justice, 10 a.m., Joint Meetings SD–226. No joint committee meetings were held. Committee on Veterans’ Affairs: to hold joint hearings to examine the legislative presentation of the American Le- f gion, 9:30 a.m., 345 Cannon Building. COMMITTEE MEETINGS FOR THURSDAY, SEPTEMBER 10, 2009 House Committee on Armed Services, Subcommittee on Oversight (Committee meetings are open unless otherwise indicated) and Investigations, hearing on Charting the Course for Effective Professional Military Education, 10 a.m., 210 Senate HVC. Committee on Energy and Commerce, Subcommittee on Committee on Appropriations: business meeting to mark Commerce, Trade, and Consumer Protection, hearing en- up proposed budget estimates for fiscal year 2010 for De- fense, 2:30 p.m., SD–106. titled ‘‘Consumer Product Safety Commission Oversight: Committee on Banking, Housing, and Urban Affairs: to Current Issues and a Vision for the Future,’’ 10 a.m., hold an oversight hearing to examine the Securities and 2322 Rayburn. Exchange Commission (SEC), and how to improve Securi- Subcommittee on Communications, Technology, and ties and Exchange Commission performance, 2:30 p.m., the Internet, hearing entitled ‘‘Oversight of the American SD–538. Recovery and Reinvestment Act: Broadband, Part 2,’’ 10 Committee on Finance: Subcommittee on Energy, Natural a.m., 2123 Rayburn. Resources, and Infrastructure, to hold hearings to examine Committee on Financial Services, hearing entitled ‘‘The oil and gas tax provisions, focusing on the President’s fis- World Bank’s Disclosure Policy Review and the Role of cal year 2010 budget proposal, 2:15 p.m., SD–215. Democratic Participatory Process in Achieving Successful Committee on Foreign Relations: to hold hearings to exam- Development Outcomes,’’ 10 a.m., 2128 Rayburn. ine Iraq, focusing on a report from the field, 2:30 p.m., Committee on Foreign Affairs, hearing on Outlook for SH–216. Iraq and U.S. Policy, 9:30 a.m., 2172 Rayburn. Committee on Homeland Security and Governmental Affairs: Subcommittee on Asia, the Pacific and the Global En- to hold hearings to examine an update on stimulus vironment, hearing on U.S.-China Relations: Maximizing spending, transparency, and fraud prevention, 10 a.m., the Effectiveness of the Strategic and Economic Dialogue, SD–342. 1 p.m., 2172 Rayburn. Committee on Indian Affairs: business meeting to con- Committee on the Judiciary, hearing on Competition and sider pending calendar business; to be immediately fol- Commerce in Digital Books, 10 a.m., 2141 Rayburn. lowed by a hearing to examine S. 1635, to establish an Committee on Natural Resources, to mark up the fol- Indian youth telemental health demonstration project, to lowing bills: H.R. 685, United States Civil Rights Trail enhance the provision of mental health care services to In- System Act of 2009; H.R. 1593, To amend the Wild and dian youth, to encourage Indian tribes, tribal organiza- Scenic Rivers Act to designate a segment of Illabot Creek tions, and other mental health care providers serving resi- in Skagit County, Washington, as a component of the dents of Indian country to obtain the services of National Wild and Scenic Rivers System; H.R. 2802, To predoctoral psychology and psychiatry interns, 2:15 p.m., provide for an extension of the legislative authority of the SD–628. Adams Memorial Foundation to establish a commemora- Committee on the Judiciary: business meeting to consider tive work in honor of former President John Adams and S. 448 and H.R. 985, bills to maintain the free flow of his legacy, and for other purposes; H.R. 2806, To author- information to the public by providing conditions for the ize the Secretary of the Interior to adjust the boundary federally compelled disclosure of information by certain of the Stephen Mather Wilderness and the North Cas- persons connected with the news media, S. 369, to pro- cades National Park in order to allow the rebuilding of hibit brand name drug companies from compensating ge- a road outside of the floodplain while ensuring that there neric drug companies to delay the entry of a generic drug is no net loss of acreage to the Park or the Wilderness, into the market, S. 1599, to amend title 36, United and for other purposes; H.R. 3113, Upper Elk River States Code, to include in the Federal charter of the Re- Wild and Scenic Study Act; H.R. 2008, Bonneville Unit serve Officers Association leadership positions newly Clean Hydropower Facilitation Act; H.R. 2265, Magna added in its constitution and bylaws, and the nomina- Water District Water Reuse and Groundwater Recharge

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Act of 2009; H.R. 2442, Bay Area Regional Water Recy- ignate the facility of the United States Postal Service lo- cling Program Expansion Act of 2009; H.R. 2522, To cated at 1165 2nd Avenue in Des Moines, Iowa, as the raise the ceiling on the Federal share of the cost of the ‘‘Iraq and Afghanistan Veterans Memorial Post Office,’’ Calleguas Municipal Water District Recycling Project, 10 a.m., 2154 Rayburn. and for other purposes; H.R. 2741, To amend the Rec- Committee on Science and Technology, Subcommittee on lamation Wastewater and Groundwater Study and Facili- Energy and Environment, hearing on Biological Research ties Act to authorize the Secretary of the Interior to par- for Energy and Medical Applications at the Department ticipate in the City of Hermiston, Oregon, water recy- of Energy Office of Science, 2 p.m., 2318 Rayburn. cling and reuse project, and for other purposes, and H.R. Subcommittee on Investigations and Oversight, hearing 2950, To direct the Secretary of the Interior to allow for on the Risks of Financial Modeling: VaR and the Eco- prepayment of repayment contracts between the United nomic Meltdown, 10 a.m., 2318 Rayburn. States and the Uintah Water Conservancy District, 9 Committee on Transportation and Infrastructure, hearing on a.m., 1324 Longworth. Concerns with Hazardous Materials Safety in the U.S.: Is Committee on Oversight and Government Reform, to mark PHMSA Performing its Mission? 10 a.m., 2167 Rayburn. up the following measures: H.R. 1881, Transportation Committee on Veterans’ Affairs, Subcommittee on Eco- Security Workforce Enhancement Act of 2009; H.R. nomic Opportunity, hearing on Vocational Rehabilitation 2495, Federal Real Property Disposal Enhancement Act and Review of SPAWAR and VA’s Interagency Agree- of 2009; H.R. 2092, Kingman and Heritage Islands Act ment, 1:30 p.m., 334 Cannon. of 2009; H.R. 2711, Families of Fallen Heroes Act; H. Select Committee on Energy Independence and Global Warm- Con. Res. 163, Expressing support for designation of Sep- ing, hearing entitled ‘‘Roadmap to Copenhagen: Driving tember 23, as ‘‘National Job Corps Day’’; H. Res. 441, Toward Success,’’ 9:30 a.m., 2175 Rayburn. Honoring the historical contributions of Catholic sisters in the United States; H. Res. 679, Supporting the goals Joint Meetings and ideals of American Legion Day; H.R. 2215, To des- Joint Economic Committee: to hold hearings to examine ignate the facility of the United States Postal Service lo- income, poverty, and health insurance coverage, focusing cated at 140 Merriman Road in Garden City, Michigan, on assessing key census indicators of family well-being in as the ‘‘John J. Shivnen Post Office Building’’; H.R. 2008, 1 p.m., 210, Cannon Building. 3319, To designate the facility of the United States Post- Joint Hearing: Senate Committee on Veterans’ Affairs, al Service located at 440 South Gulling Street in Portola, to hold joint hearings to examine the legislative presen- California, as the ‘‘Army Specialist Jeremiah Paul tation of the American Legion, 9:30 a.m., 345, Cannon McCleery Post Office Building’’; and H.R. 3386, To des- Building.

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

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of H.R. 965— morning business (not to extend beyond 12:30 p.m.), Chesapeake Bay Gateways and Watertrails Network Con- Senate will continue consideration of the nomination of tinuing Authorization Act (Subject to a Rule). Cass R. Sunstein, of Massachusetts, to be Administrator of the Office of Information and Regulatory Affairs, Of- fice of Management and Budget.

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Virginia, N.C., E2225 Mack, Connie, Fla., E2219 Frank, Barney, Mass., E2215 Meek, Kendrick B., Fla., E2214, E2226 Akin, W. Todd, Mo., E2212 Garrett, Scott, N.J., E2219 Miller, Jeff, Fla., E2212 Austria, Steve, Ohio, E2225 Hall, Ralph M., Tex., E2217 Murtha, John P., Pa., E2219 Bachus, Spencer, Ala., E2220 Holt, Rush D., N.J., E2225 Radanovich, George, Calif., E2217, E2223, E2227 Barrett, J. Gresham, S.C., E2218 Hunter, Duncan, Calif., E2223 Rangel, Charles B., N.Y., E2214 Blunt, Roy, Mo., E2218 Johnson, Eddie Bernice, Tex., E2211, E2224 Rehberg, Denny, Mont., E2212, E2213 Bordallo, Madeleine Z., Guam, E2212 Kanjorski, Paul E., Pa., E2215 Schmidt, Jean, Ohio, E2224 Brown, Henry E., Jr., S.C., E2211 Kildee, Dale E., Mich., E2213, E2215, E2226 Shuler, Heath, N.C., E2217 Brown-Waite, Ginny, Fla., E2214, E2218, E2227 Linder, John, Ga., E2211, E2226 Spratt, John M., Jr., S.C., E2219 Conaway, K. Michael, Tex., E2224 Lucas, Frank D., Okla., E2218, E2223 Wolf, Frank R., Va., E2225 Emerson, Jo Ann, Mo., E2218 McCarthy, Carolyn, N.Y., E2219 Woolsey, Lynn C., Calif., E2211, E2219, E2220 Fortenberry, Jeff, Nebr., E2224 McDermott, Jim, Wash., E2226 Young, C.W. Bill, Fla., E2213

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