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

Vol. 155 WASHINGTON, THURSDAY, APRIL 23, 2009 No. 60 House of Representatives The House met at 10 a.m. ANNOUNCEMENT BY THE SPEAKER NEW EMPLOYEE VERIFICATION The Chaplain, the Reverend Daniel P. ACT The SPEAKER. The Chair will enter- Coughlin, offered the following prayer: (Mr. SAM JOHNSON of Texas asked tain up to five 1-minutes on each side ‘‘After the earthquake came fire, but and was given permission to address of the aisle. the Lord was not in the fire. And after the House for 1 minute and to revise the fire came a gentle whisper. When and extend his remarks.) Elijah heard it, he pulled his cloak over f Mr. SAM JOHNSON of Texas. Last his face and went out and stood at the night my colleague GABBY GIFFORDS of mouth of the cave.’’ HONORING EDGAR MAY Arizona and I re-introduced our work You, O Lord, are the subtle inspira- site enforcement bill, the New Em- (Mr. WELCH asked and was given tion hidden in our deepest instincts to ployee Verification Act, H.R. 2028, or permission to address the House for 1 seek out goodness and love and content NEVA. Our bill would create the Na- minute and to revise and extend his re- us with the whisper of truth and pres- tion’s first mandatory employment marks.) ence. verification system for all U.S. em- Lord, if we desire You to be a part of Mr. WELCH. Madam Speaker, I rise ployers. our busy lives we need to find some today to honor a Vermonter who has The act achieves three important ob- cave of aloneness where we can heed dedicated his life to serving others, one jectives. It ensures a legal work force, Your voice and ponder Your Word with who’s made an impact nationally and it safeguards workers’ identities, and it a clean heart. internationally, but most importantly, protects Social Security. Enable us and our children not to be in his hometown of Springfield, Employers want, need and deserve a afraid of silence. Vermont. reliable employee verification system, Only from silence can come the depth and we want to give it to them. of expression, the wellspring of beau- Edgar May has worn many hats in his Now’s the time for the Congress to tiful and common language that will life, Pulitzer Prize winning journalist, create a new way forward that prevents help us interpret all the sounds of our a leader in President Johnson’s War on illegal immigrants from taking jobs noisy world. Poverty, and a top administrator in from American citizens. I urge my col- Lord, help us to keep silent so that the under . leagues to cosponsor H.R. 2028. When we can listen better. Help us to abide I came to know Edgar May when we immigration reform happens this year, in the silence of prayer so prayer can served together in the Vermont State this bill ought to be part of it. live in us, now, and forever. Amen. Senate, where we reminded colleagues f f every day of our obligation to be there for average Vermonters. He earned tre- OPPOSING THE PANAMA AND CO- THE JOURNAL mendous respect for his ability to solve LOMBIA FREE TRADE AGREE- The SPEAKER. The Chair has exam- difficult problems, to temper emerging MENTS ined the Journal of the last day’s pro- feuds and, most importantly, for the (Mr. HARE asked and was given per- ceedings and announces to the House profound decency at the core of all his mission to address the House for 1 her approval thereof. work. Pursuant to clause 1, rule I, the Jour- minute and to revise and extend his re- Edgar has devoted his recent years to nal stands approved. marks.) providing the people of Springfield Mr. HARE. Mr. Speaker, I rise this f with something they thought they’d morning to respond to recent com- PLEDGE OF ALLEGIANCE never have, a downtown recreation cen- ments made by the United States The SPEAKER. Will the gentleman ter at the site of an old machine tool Trade Representative, Ambassador from Illinois (Mr. HARE) come forward plant, a resource for all people of all Kirk, regarding the Panama and Co- and lead the House in the Pledge of Al- ages and all incomes. The Southern lombia Free Trade Agreements. legiance. Vermont Health and Recreation Center In addition to the tax haven and Mr. HARE led the Pledge of Alle- is a symbol of Springfield’s quiet but money laundering issues with Panama, giance as follows: confident determination to continue and the fact that Colombia remains the I pledge allegiance to the Flag of the reviving one of Vermont’s proudest cit- most violent country for trade union- United States of America, and to the Repub- ies. Its creation is a testament to ists in the world, it would be a mistake lic for which it stands, one nation under God, Edgar May’s perseverance and his devo- to pursue these two unfair trade agree- indivisible, with liberty and justice for all. tion to his city, his State and country. ments as we attempt to recover from

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

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VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.000 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4692 CONGRESSIONAL RECORD — HOUSE April 23, 2009 the worst economic crisis since the downturn, do we really want to push than 50 stories chronicling the dangers Great Depression. forward a Bush-negotiated free trade construction workers face when safety Our economy began this downward agreement? I believe the American peo- is sacrificed for speed or profit. Her spiral as a result of irresponsible trade ple deserve more. I believe they de- findings will be very valuable to Con- policies that have outsourced millions mand more from their elected officials. gress as the Education and Labor Com- of good-paying American jobs. With the We have a historic opportunity with mittee examines this issue further. unemployment rate at 8.5 percent, the a new administration to reset the The first Pulitzer for the Las Vegas last thing our economy can afford is course of trade policy. I look forward Sun is a momentous occasion for the more of the same. to working with the administration to paper and for our community, so I, I intend to work with the Obama ad- change the course of direction. again, congratulate the Sun and Alex- ministration and my colleagues in Con- f andra for earning journalism’s highest gress to forge a new direction on trade LAST FIRE ALARM FOR FIRE- honor. that addresses the devastation caused FIGHTERS JAMES HARLOW, SR. f by NAFTA and, instead, creates jobs AND DAMION HOBBS and grows industry in the United b 1015 (Mr. POE of Texas asked and was States. FISCAL RESPONSIBILITY f given permission to address the House for 1 minute.) (Mr. SMITH of Nebraska asked and AMERICANS HAVE THE RIGHT TO Mr. POE of Texas. Mr. Speaker, the was given permission to address the PROTEST safety of our Nation’s citizens often de- House for 1 minute and to revise and (Mr. FLEMING asked and was given pends on the courageous Americans extend his remarks.) permission to address the House for 1 who choose to serve as firefighters. Mr. SMITH of Nebraska. Thank you, minute and to revise and extend his re- They answer the sound of the alarm Mr. Speaker. marks.) every day to protect and to serve. Yesterday, the Savings Recovery Mr. FLEMING. Mr. Speaker, last On April 12, 2009, two Texas firemen Act, legislation designed to help Amer- week I joined thousands of citizens in were killed in the line of duty while icans rebuild their retirement, college my district to protest the reckless dis- rushing into a burning home to look and personal savings, was introduced. regard Washington has shown for the for an elderly couple. Captain James This legislation will make it easier for taxpayers of this Nation and their Arthur Harlow, Sr. and Firefighter Americans to save more for their re- hard-earned dollars. Damion Jon Hobbs both served at tirement by increasing the contribu- People are angry, they are frus- Houston Fire Station Number 26. tion and catch-up limits for individuals trated, and they feel that Washington Captain Harlow served 29 years at the and families. It will restore college is not listening, so they came together Houston Fire Department. He was mar- savings by extending the existing cred- to protest in the same manner as our ried to Debbie, and a wonderful father it for contributions made to college forefathers. Their message was simple. and grandfather. He also liked to hunt savings accounts. The Savings Recov- Stop spending our money, taxing our and to fish. ery Act will ensure workers retain con- families and borrowing against the fu- Firefighter Hobbs served our country trol over their hard-earned 401(k)s, not ture of our children. for 10 years in the , the Federal Government. How did the media and our Democrat where he just recently returned from Mr. Speaker, the American people leaders here in Washington respond? Iraq to join the Houston Fire Depart- need more than just lip service when it They were dismissive. ment. He left behind parents, siblings comes to their futures. They need real The Speaker of the House, in fact, re- and his longtime girlfriend, Crystal. solutions, solutions which come from ferred to this grassroots effort as The fire that took his life was his very empowering the public, not from Astroturf. first alarm call. racking up more debt. At the same time, Homeland Secu- Mr. Speaker, our country is better I urge my colleagues to support the rity released a report labeling political because of remarkable Americans that Savings Recovery Act. opponents of the administration as po- risk their lives to protect us from tential terrorists. The right of citizens harm. Firefighters rush to the sound of f to speak out against their party in the alarm to fight the fires that de- HONORING THE MEMORY OF power is at the heart of our democracy. stroy our communities and threaten SANDRA CANTU For a party that carps about biparti- lives of citizens. Two of those fire- (Mr. MCNERNEY asked and was sanship and freedom of speech, the fighters, James Harlow, Sr. and given permission to address the House Democrat leadership should back their Damion Hobbs, gave their lives in that for 1 minute.) words with actions. sacred duty. Mr. MCNERNEY. Mr. Speaker, I rise And that’s just the way it is. f today to honor the memory of Sandra RESET THE COURSE ON TRADE f Cantu, a child whose life was tragically POLICY LAS VEGAS SUN PULITZER PRIZE cut short. Eight-year-old Sandra lived (Mr. MICHAUD asked and was given (Ms. TITUS asked and was given per- in Tracy, California, a town I am hon- permission to address the House for 1 mission to address the House for 1 ored to represent. minute.) minute and to revise and extend her re- Now known as ‘‘Tracy’s precious Mr. MICHAUD. Mr. Speaker, United marks.) angel,’’ Sandra was a cheerful, friendly States Trade Representative Ron Kirk Ms. TITUS. Mr. Speaker, I rise today girl whose joyful life was evident said this week that the administration to congratulate the Las Vegas Sun and whether she was doing cartwheels or wants to move forward with the Bush- reporter Alexandra Berzon for the top- playing on the jungle gym. She bright- negotiated Panama and Colombia Free notch reporting that carried them and ened the lives of everyone she came Trade Agreement ‘‘sooner rather than earned them the prestigious Pulitzer into contact with, even those who later.’’ This is absolutely outrageous Prize for public service earlier this never met her, as was seen in the num- and a serious mistake, and contrary to week. ber of people at her memorial last what the President campaigned on. Alexandra’s investigation into the week. Why would we be moving forward on deaths of construction workers on the Her horrific kidnapping and death a trade agreement negotiated by Presi- Las Vegas Strip, combined with the ef- are a tragedy beyond description. No dent Bush during a time where our forts of editorial writers, Matt Hufman parent should have to experience the economy is struggling? This makes no and David Clayton brought attention loss of a child, especially at such a sense whatsoever. It does not represent to this serious issue and resulted in young age. a new model on trade. It represents a critical safety reforms that will save I am touched by the outpouring of recycled model that doesn’t work. lives in Nevada. support for Sandra’s family from the At home, people are furious about Nine workers had died on the job Tracy residents and for the tireless these trade deals. During the economic when Alexandra wrote her first of more work of the Tracy Police Department.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.002 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4693 Sandra Cantu will be missed, and I join the five-minute rule. It shall be in order to transportation, industry, agriculture, those who grieve as we celebrate her consider as an original bill for the purpose of recreation, and power production, but short life. amendment under the five-minute rule the currently more than 20 Federal agen- amendment in the nature of a substitute rec- cies carry out research and develop- f ommended by the Committee on Science and ment on some aspect of water supply, THE REAL COST OF CAP-AND- Technology now printed in the bill. The com- mittee amendment in the nature of a sub- water quality or water management. TRADE LEGISLATION stitute shall be considered as read. All points H.R. 1145 would address this issue by (Mr. PENCE asked and was given per- of order against the committee amendment creating a National Water Research mission to address the House for 1 in the nature of a substitute are waived ex- and Development Initiative to improve minute and to revise and extend his re- cept those arising under clause 10 of rule Federal, State and local government marks.) XXI. Notwithstanding clause 11 of rule activities related to water research and XVIII, no amendment to the committee development. The bill would improve Mr. PENCE. Mr. Speaker, this week, amendment in the nature of a substitute House Democrats begin hearings on so- shall be in order except those printed in the coordination on Federal research by es- called ‘‘cap-and-trade’’ legislation. It is report of the Committee on Rules accom- tablishing an interagency committee their legislative response to concerns panying this resolution. Each such amend- to ensure Federal agencies work to- over global climate change. Even ment may be offered only in the order print- gether on critical water issues. former Vice President Al Gore will tes- ed in the report, may be offered only by a A lack of coordination and competing tify tomorrow here on Capitol Hill. But Member designated in the report, shall be interests frequently strain agencies as many around the country and in this considered as read, shall be debatable for the and local communities tasked with time specified in the report equally divided body are realizing, there are a lot of in- managing a limited water supply. A and controlled by the proponent and an op- perfect example of this problem can be convenient truths about the cap-and- ponent, shall not be subject to amendment, trade bill. and shall not be subject to a demand for divi- found in my district in Upstate New The Democrat plan actually caps sion of the question in the House or in the York, where the Hinckley Reservoir growth and trades jobs, and the truth Committee of the Whole. All points of order supplies water for 130,000 residents in is this cap-and-trade legislation is es- against such amendments are waived except my hometown of Utica and for the out- sentially an economic declaration of those arising under clause 9 or 10 of rule XXI. lying areas; but as with most bodies of war on the Midwest by liberals in At the conclusion of consideration of the bill water, the reservoir serves multiple for amendment the Committee shall rise and Washington, D.C., and it must be op- uses, not just as a source of drinking report the bill to the House with such water but as a source of hydropower posed. amendments as may have been adopted. Any Under the Democratic plan, esti- Member may demand a separate vote in the and a water supply for the canal and a mates suggest the average American House on any amendment adopted in the recreational site. household could face more than $3,000 a Committee of the Whole to the bill or to the After years of battle between the year in higher energy costs, and people committee amendment in the nature of a local water authority and the State in the Midwest, like us in Indiana, will substitute. The previous question shall be canal corporation over rights to the bear the largest burden. Even the considered as ordered on the bill and amend- water, a couple of summers ago, the ments thereto to final passage without inter- President, as candidate, said, ‘‘Under Hinckley Reservoir drained to within 3 vening motion except one motion to recom- feet of disrupting the water supply. my plan of cap-and-trade, electricity mit with or without instructions. rates would necessarily skyrocket.’’ We That was not because of a lack of The SPEAKER pro tempore. The gen- water. That has never been the issue. can only estimate these numbers, Mr. tleman from New York is recognized Speaker, because the Democratic plan Rather, it was the lack of a cogent for 1 hour. water policy and agreement by the con- includes no numbers. Mr. ARCURI. Mr. Speaker, for pur- The truth is the American people de- flicting interests. The low reservoir poses of debate only, I yield the cus- level impacted hydropower generation serve to know what all this is going to tomary 30 minutes to the gentleman cost. The Democrats and the Congress at a local power facility, and it jeop- from Florida (Mr. LINCOLN DIAZ- need to come clean about the cost of ardized drinking water safety. A situa- BALART). All time yielded during con- their cap-and-trade bill, and when they tion like this is unacceptable, espe- sideration of the rule is for debate cially when there is a large amount of do, this Congress and the American only. people will reject it. water available. It is critical that we GENERAL LEAVE put measures in place resolving the f Mr. ARCURI. I ask unanimous con- conflicting objectives and poor commu- PROVIDING FOR CONSIDERATION sent that all Members have 5 legisla- nication between agencies. OF H.R. 1145, NATIONAL WATER tive days within which to revise and This underlying bill and the water RESEARCH AND DEVELOPMENT extend their remarks and to insert ex- census it creates is the first step in INITIATIVE ACT OF 2009 traneous materials into the RECORD. that process for similar situations that The SPEAKER pro tempore. Is there exist, not only in New York State but Mr. ARCURI. Mr. Speaker, by direc- objection to the request of the gen- around the country. That is why I’m tion of the Committee on Rules, I call tleman from New York? offering an amendment that will re- up House Resolution 352 and ask for its There was no objection. quire the interagency committee cre- immediate consideration. Mr. ARCURI. I yield myself such ated by this bill to study competing The Clerk read the resolution, as fol- time as I may consume. water supply uses and how different lows: Mr. Speaker, H. Res. 352 provides for uses interact and impact each other. H. RES. 352 a structured rule for consideration of Our water supply is invaluable in so Resolved, That at any time after the adop- H.R. 1145, the National Water Research many ways, not only for consumption tion of this resolution the Speaker may, pur- and Development Initiative Act of 2009. but for the generation of electricity, suant to clause 2(b) of rule XVIII, declare the Among the many challenges we face, for the production of food, for transpor- House resolved into the Committee of the none is more elemental than protecting Whole House on the state of the Union for tation, and for recreation, just to name consideration of the bill (H.R. 1145) to imple- our water. Increases in population, a few. We must be sure to balance these ment a National Water Research and Devel- growing energy demands and shifting competing interests in an efficient and opment Initiative, and for other purposes. weather patterns jeopardize water sup- equitable way. The first reading of the bill shall be dis- plies across the country. Water is es- Mr. Speaker, I strongly support the pensed with. All points of order against con- sential and irreplaceable, but many National Water Research and Develop- sideration of the bill are waived except those Americans are unaware that many sup- ment Initiative Act. I hope that my arising under clause 9 or 10 of rule XXI. Gen- plies across the country are at risk. colleagues on both sides of the aisle eral debate shall be confined to the bill and It is critical that we coordinate the shall not exceed one hour equally divided will continue to support it as well. and controlled by the chair and ranking mi- efficient use of water resources and I reserve the balance of my time. nority member of the Committee on Science maintain water quality. Competent Mr. LINCOLN DIAZ-BALART of and Technology. After general debate the water management is essential if we Florida. Mr. Speaker, I would like to bill shall be considered for amendment under are to meet the competing needs of thank my friend, the gentleman from

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.005 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4694 CONGRESSIONAL RECORD — HOUSE April 23, 2009 New York (Mr. ARCURI), for the time, Florida. Less than one-half of 1 per- and clearly it is. But water is, without and I yield myself such time as I may cent. Wall Street was more than taken a doubt, the most important com- consume. care of. Yet, troubled assets, that was modity, resource that we have. We Water is the most essential and basic what we were told was the purpose of can’t live without water, and, there- natural resource to sustain life. The that legislation, troubled assets recov- fore, it is the most important thing. single greatest factor that has contrib- ery. I don’t think one troubled asset I have already discussed the com- uted most to the spread of public has been purchased. peting uses of hydro recreation and health in the United States is access to economic development and water use b 1030 clean water. Across the country, ap- in my district in one end of it. But as proximately 40 billion gallons of water Those are the kinds of issues we I said, there are other parts of my dis- are used each day for industrial pur- should be dealing with. trict, as well, and the Finger Lakes re- poses, for home landscaping, for per- So the question I would ask you, why gion that are very concerning. sonal hygiene, for thirst, and for many doesn’t the majority address those crit- Seneca Lake is the second deepest other uses. The average American uses ical issues? For example, bring forth lake in North America, yet they still about 100 gallons of water per day. legislation to increase transparency in encounter safety concerns because the As our cities and communities con- that TARP program. lake levels are going down. Now, not tinue to expand, one of the greatest Water is an important issue, but we only is that important again for recre- challenges faced by local governments could bring it here summarily on sus- ation, for hydropower, for water use, is finding ways to sustain adequate pension. It doesn’t need to take a week for drinking water use, but the level of clean water supplies to meet the grow- of the precious time of this Congress. the lake is going down. It’s the water ing demand. However, our knowledge By the time we finish debating this source for the Seneca Falls Power about water resources and conserva- rule, Mr. Speaker—there is a clock Company. It’s located on the Seneca- tion is based on research conducted in there over your head and we see the Cayuga Canal. And at this point, 1 inch the middle of the last century. The un- minutes passing—the Federal Govern- of the lake level of Seneca Lake is derlying legislation being brought to ment will have spent over $400 million roughly about 1.2 billion gallons of the floor now, the National Water Re- just during the minutes that have water, and yet the lake level is down search and Development Initiative Act, ticked during this debate. That’s four several inches. A number of different will help bring our knowledge of water times what President Obama has asked State and Federal agencies are in- resources into this century by coordi- his Cabinet to cut earlier this week. We volved in the management of the water nating national research and develop- could have spent this time helping cut at Seneca Lake, and yet no one can ment efforts to ensure adequate water Federal waste and reducing the debt come together on what the cause is and supplies through greater efficiency and being piled on our children and their how to regulate the amount of outflow conservation programs. children. It’s another example of the from the lake. Specifically, the bill establishes an issues that we should be debating in What is amazing is we have all of interagency committee to develop a this Congress. these competing uses for a finite national water research and assess- Yet, instead of addressing the chal- amount of water, and yet the agencies ment plan in coordination with State, lenges that confront the American peo- that oversee these uses act more like local and tribal governments, and it ple, the majority has chosen to devote competitors rather than competitive will also coordinate all research devel- precious floor time and, in effect, to stewards of a very scarce resource. opment data and other activities re- take an entire congressional week to We need this bill to study how using lated to water, and it will ensure the consider a noncontroversial water bill. water for one of these purposes impacts optimal use of resources and expertise That’s the way this majority has cho- or limits the use of other purposes. by avoiding duplicity through better sen to run Congress. That is what is critical. There is noth- intergovernmental cooperation. I reserve the balance of my time. ing more important than our good I had the privilege during the last Mr. ARCURI. Mr. Speaker, I thank stewardship of our resource of water. district work period of meeting with my colleague from the Rules Com- Seneca Lake, Hinckley Reservoir, constituents throughout my district mittee for his passionate statement, two issues in my district alone, and about issues that matter to them. No but I have to disagree with respect to that’s just one small congressional dis- one mentioned anything related to this talking about water as an issue that trict. There are 435 in the country, all bill. It’s an important bill; it’s an im- isn’t as important as other issues. with similar issues. To maximize the portant issue, but there are other Clearly, we have many important benefits, we need to make sure we are issues that are much more pressing, issues facing this country, but in the using the water in the best way. And issues that, I think, we should be de- past 2 weeks that I was home, I did 11 therefore, Mr. Speaker, I think that it bating, instead of spending an entire town hall meetings, and I can tell you is necessary that we pass this rule and week on a water bill that enjoys abso- that water came up in every single the underlying bill. lute consensus, bipartisan support in town hall meeting, whether it was en- I reserve the balance of my time. this Congress. We should be working on suring that the water purity, the Mr. LINCOLN DIAZ-BALART of issues that really matter the most to ground water purity was safe in the Florida. Mr. Speaker, I reiterate, water our constituents—the pressing and southern part of my district where is important, but to have taken an en- critical issues Americans deal with on they are doing hydraulic fracking for tire week of congressional time on this a daily basis. For example, we could be natural gas in the shale or whether it bill when the American people are fac- working to help the people of our great is using excessive amounts in hydro ing so many challenges is not appro- Nation to rebuild their retirement, col- plants with the Hinckley Dam that I priate. lege and personal savings accounts. just spoke of, or whether it is lowering At this time, I yield 4 minutes to my Earlier this week, the Inspector Gen- the level of Seneca Lake to feed hydro distinguished colleague, the great lead- eral of the Treasury Department re- plants in the Finger Lakes. er in this Congress from Michigan leased a report confirming the lack of People are concerned. And I would (Mrs. MILLER). oversight and accounting of taxpayer submit that other needs and other uses Mrs. MILLER of Michigan. I thank money in the TARP program. By the of water are very important. Other the gentleman for yielding. way, in my almost 17 years here, Mr. things that we do here in Congress are Mr. Speaker, I rise in opposition to Speaker, there is no vote that I’m critically important, but nothing is this rule and this legislation as well, happier to have cast a ‘‘no’’ on than for more important than keeping the the National Water Resource and De- that of the TARP program. I knew the water that we drink clean and fresh. velopment Initiative Act. future would be lined with scandal. That is the number one resource of our As a Representative of Michigan, the Less than one-half of 1 percent of that country, that is the most important Great Lakes State, water issues of all TARP program has gone to the State thing that we, as a Nation, have, and varieties are very important to all of that I’m honored to represent, really that is keeping our water supply clean. my constituents. The Great Lakes are Ground Zero in the housing crisis, People talk about how important oil is, fully one-fifth, or 20 percent, of the

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.007 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4695 world’s freshwater drinking supply, or interfere with the principles of the I yield back the balance of my time, and certainly that makes them a nat- Great Lakes-St. Lawrence River Basin and I move the previous question on ural resource unparalleled on the plan- Water Resources Compact. the resolution. et. The Great Lakes, as I said, are the The previous question was ordered. This legislation, which would estab- very identity of my State of Michigan The resolution was agreed to. lish a national committee to study our and all of us in the Great Lakes Basin, A motion to reconsider was laid on Nation’s water needs and to make rec- and we all take their care very seri- the table. ommendations for a comprehensive na- ously. My constituents will not abide f tional water strategy, sounds very even the prospect of a diversion of the good and very noncontroversial at first Great Lakes water to other areas of GENERAL LEAVE blush. But whenever a national water the country where growth is beginning Mr. GORDON of Tennessee. Mr. policy is first discussed, we in Michi- to outstrip their resources. And some Speaker, I ask unanimous consent that gan and the Great Lakes Basin get might argue that the Great Lakes all Members may have 5 legislative very nervous. And whether it is due to Compact provides all of the protections days within which to revise and extend population expansion and to dryer that we need. their remarks and include extraneous areas of the Nation in the South or the I do agree that there are very strong material on the bill, H.R. 1145. West or global warming or whatever, protections in the compact, but I also The SPEAKER pro tempore. Is there water is going to be a very important fear that everything is subject to objection to the request of the gen- need for many in the 21st century. change. And while I am not suggesting tleman from Tennessee? In fact, just last year, Mr. Speaker, that this legislation aims to divert There was no objection. Great Lakes water, it also does nothing Business Week magazine did a cover f story about why the great oilman T. to protect them or to protect and pro- Boone Pickens thinks water is actually hibit diversion either. Such protections MESSAGE FROM THE SENATE the new oil. As a result of these chal- would make, certainly, my constitu- A message from the Senate by Ms. lenges, some have begun to promote ents and all the people that live in the Curtis, one of its clerks, announced the idea of a natural water policy to Great Lakes Basin much more com- that the Senate has agreed to a concur- deal with these challenges, and atten- fortable with the establishment of a rent resolution of the following title in tion will undoubtedly turn to the national water policy. And since those which the concurrence of the House is places that have freshwater like the protections are not included in this requested: Great Lakes. There have been numer- legislation, Mr. Speaker, I will be op- S. Con. Res. 18. Concurrent resolution sup- ous examples of this over the decades posing both this rule and the bill. porting the goals and ideals of World Malaria on both sides of the aisle here. But let Mr. ARCURI. Mr. Speaker, I thank Day, and reaffirming United States leader- me illustrate a recent one. the gentlelady from Michigan for her ship and support for efforts to combat ma- During the 2008 Presidential cam- insightful comments and certainly her laria. paign, New Mexico Governor Bill Rich- strong leadership on protecting what I The message also announced that ardson, who was then running for believe to be the greatest natural re- pursuant to Public Law 106–398, as President, told the Las Vegas Sun, ‘‘I source not only in America but also in amended by Public Law 108–7, in ac- want a national water policy. We need North America and our water supply. cordance with the qualifications speci- I would inquire if the other side has a dialogue between the States to deal fied under section 1238(b)(3)(E) of Pub- any other speakers. lic Law 106–398, and upon the rec- with issues like water conservation, Mr. LINCOLN DIAZ-BALART of ommendation of the Republican Lead- water reuse technology, water delivery, Florida. No, we do not. and water production.’’ And he went on I thank my friend for the handling of er, in consultation with the ranking to say, ‘‘States like Wisconsin are the rule on this important matter. members of the Senate Committee on awash with water.’’ Mr. Speaker, I would simply reiterate Armed Services and the Senate Com- Fortunately, in order to prevent ef- that while this issue is of great impor- mittee on Finance, the Chair, on behalf forts by others to divert Great Lakes tance, there are many other issues fac- of the President pro tempore, appoints water outside the Basin, last fall we ing this Nation, and for this entire the following individuals to the United enacted the Great Lakes Compact, week for this Congress to have done States-China Economic Security Re- which reserves for the Governors of the nothing else during this entire week is view Commission: Great Lakes States the opportunity to really unfortunate and it shows the Dennis Shea of Virginia, for a term regulate diversions of water from the manner in which the majority of this expiring December 31, 2010. Great Lakes Basin. The compact bans Congress, the leadership of the major- Robin Cleveland of Virginia, for a new and increased diversions of water ity of this Congress is running this term expiring December 31, 2010, vice outside the Great Lakes Basin with Congress, and the American people are Mark Esper of Virginia. only limited, highly regulated excep- finding out. They are discovering it. The message also announced that tions, and it establishes a framework We have no further speakers. At this pursuant to Public Law 106–286, the for each State and the two provinces in time, I yield back the balance of our Chair, on behalf of the President of the Canada to enact laws protecting the time. Senate, and after consultation with the Basin. And after being ratified by the Mr. ARCURI. Mr. Speaker, I thank Majority Leader, appoints the fol- Great Lakes State, the compact passed my friend from Florida (Mr. LINCOLN lowing members to serve on the Con- this House last September by a vote of DIAZ-BALART) for his management of gressional-Executive Commission on 390–25, and the Senate actually passed this rule. the People’s Republic of China: it under unanimous consent, was then Mr. Speaker, in closing, I would like The Senator from Montana (Mr. BAU- signed into law by then-President to thank Chairman GORDON for work- CUS). Bush. ing to bring this important piece of The Senator from Michigan (Mr. In order to ensure that this new legislation to the floor. As I said ear- LEVIN). water initiative does not infringe on lier, there really is nothing more im- The Senator from California (Mrs. the principles associated with the portant or elemental than our water FEINSTEIN). Great Lakes Compact, I offered an and our water supply. We must manage The Senator from North Dakota (Mr. amendment to the Rules Committee it wisely. There is just too much at DORGAN), Chairman. yesterday. Regrettably, it was not stake if we do not. I believe this bill is The Senator from Ohio (Mr. BROWN). made in order. Quite simply, my going to go a long way towards improv- f amendment would have prevented the ing the way we manage our most pre- interagency committee, the National cious natural resource and ensure that NATIONAL WATER RESEARCH AND Water Initiative Coordination Office, it is clean, safe, and abundant for fu- DEVELOPMENT INITIATIVE ACT the National Water Research and As- ture generations. OF 2009 sessment Plan from considering or pro- I urge a ‘‘yes’’ vote on the previous The SPEAKER pro tempore. Pursu- moting policies that would undermine question and on the rule. ant to House Resolution 352 and rule

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.009 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4696 CONGRESSIONAL RECORD — HOUSE April 23, 2009 XVIII, the Chair declares the House in logical and strategic deficiencies at the Act, issues remain that need to be fur- the Committee of the Whole House on Federal level. Our committee held ther addressed. the state of the Union for the consider- hearings in 2008 and 2009 to examine I am still convinced that several pro- ation of the bill, H.R. 1145. the problems associated with dwindling visions of H.R. 1145 may duplicate pro- visions found in H.R. 146, the Omnibus b 1044 water supplies across the Nation and to receive testimony as to how the Fed- Public Lands Act of 2009, specifically IN THE COMMITTEE OF THE WHOLE eral Government can help meet these the SECURE Water Act. We have to be Accordingly, the House resolved challenges. mindful to ensure that these two bills itself into the Committee of the Whole I am proud of the bipartisan support complement each other and do not cre- House on the State of the Union for the and collaboration that resulted in H.R. ate additional bureaucratic burdens on consideration of the bill (H.R. 1145) to 1145. Ranking Member RALPH HALL has water research efforts. implement a National Water Research been a champion of produced water uti- In addition to the concerns of repeti- and Development Initiative, and for lization legislation, and this bill incor- tious Federal efforts, I am cognizant other purposes, with Ms. SPEIER in the porates research to pursue the goals es- that the complex responsibility for de- chair. tablished in his bill, H.R. 469. We are veloping and managing the Nation’s The Clerk read the title of the bill. happy to accept constructive amend- water resources are shared between The CHAIR. Pursuant to the rule, the ments from other Members of the mi- Federal, State, local, even tribal and bill is considered read the first time. nority, and the bill was reported out of private interests. Several Federal The gentleman from Tennessee (Mr. the committee in a strong bipartisan water laws have recognized States as GORDON) and the gentleman from Texas manner. having primacy over the allocation and (Mr. HALL) each will control 30 min- H.R. 1145 will coordinate national re- use of water. This notion has been fur- utes. search and development efforts on ther reinforced by Supreme Court deci- The Chair recognizes the gentleman water and provide a clear path forward sions. Therefore, we have to be very from Tennessee. to ensure adequate water supplies for careful not to undermine the historical Mr. GORDON of Tennessee. Madam generations to come. This bill will en- responsibility of State and local gov- ernments on managing their water re- Chair, I yield myself such time as I sure that we have an effective national sources. It is vitally important that may consume. water strategy that uses Federal re- the authorities given in this bill do not (Mr. GORDON Tennessee asked and search and development dollars effi- supersede or replicate efforts of these was given permission to revise and ex- ciently and eliminates redundant pro- tend his remarks.) at the levels that I have just laid out. grams. Furthermore, I am concerned that Mr. GORDON of Tennessee. Madam H.R. 1145 has been endorsed by the Chair, I rise in strong support of H.R. the vague nature and description of the National Beverage Association, by the ‘‘National Water Census’’ in this bill 1145, the National Water Research and National Rural Electric Cooperative Development Initiative Act of 2009. may be a step toward federalizing Association, Water Innovations Alli- groundwater, surface water, and other Thirty-six States expect to experi- ance, the National Resource Defense ence significant water shortages by the water resources normally managed by Council, Water Environment Research State and local entities. To that end, year 2013. Diminished supplies of water Foundation, the Council of Scientific and intense competition for limited re- we offered and passed an amendment in Society Presidents, Food and Water committee to ensure State, local and sources are forcing local water agen- Watch, Water Research Foundation, cies to make tough decisions on water tribal participation in coordination ef- Alliance Environmental, and Clean forts. Previous efforts to organize allocations and limiting access to Water Action. needed water by businesses and fami- water research and management have In tough economic times, it is imper- been generalized in what they call lies. ative that we use every dollar we spend When severe water shortages occur, ‘‘top-down’’ agendas, with little or no effectively. Coordination of Federal participation from the States or local the economic impact is substantial. In agencies, activities, and strong part- 2007, the Tennessee Valley Authority levels. The intent of this amendment nerships with the State, local and trib- was to encourage a true dialogue be- was forced to shut down a nuclear reac- al governments will ensure that Fed- tor due to a lack of acceptable cooling tween the levels of government. eral programs are focused on areas of I am pleased that the chairman in- water in the Tennessee River. Accord- greatest concern and that our efforts cluded language in the bill expanding ing to a report from the National Oce- are complementary and effective. the Energy-Intensive Industries Pro- anic and Atmospheric Administration, I urge my colleagues to support this gram established in the Energy Inde- each of the eight water shortages over important legislation. pendence and Security Act of 2007 to the past 20 years from drought and Mr. Chairman, I reserve the balance include ‘‘research to develop water-effi- heat waves resulted in $1 billion or of my time. cient technologies that increase energy more in monetary losses. The Associa- Mr. HALL of Texas. I yield myself efficiency, including utilization of im- tion of California Water Agencies re- such time as I may consume. paired water sources in production.’’ ported in April of 2008 that California The National Water Research and De- During the full committee markup, is now losing income and jobs due to velopment Initiative Act is the Science questions were posed about the defini- the State’s water supply crisis. and Technology Committee’s response tion of ‘‘impaired waters.’’ These ques- Over 20 Federal agencies carry out to a lot of recommendations that were tions sought to clarify that impaired research and development on some as- made by the country’s top scientists on waters included water extracted during pect of water supply, water quality, or water research and development. oil and gas exploration and production, water management. Despite spending Our water supply is of vital impor- also known as produced water. I ap- millions of dollars on research at each tance to the health and well-being of plaud this effort and note that as a po- of these agencies, an increase in the our Nation, and this bill, as passed out tentially significant source of water, number of water shortages and emerg- of the committee and the good work the language of this bill should be in- ing conflicts over water supply suggest that was done in the committee, dem- terpreted to be inclusive of all sources that we are still inadequately prepared onstrates an effort on both sides to ad- of nonpotable water. to address the Nation’s water manage- dress concerns over water research. As we move forward with today’s de- ment issue. No State is immune to water prob- bate on H.R. 1145, I would like to com- A new commitment is necessary to lems, whether there is too little of it or mend the many Members who offered ensure that the United States can meet an overabundance of it. Yet in the last amendments in order to attempt to the water challenges over the next 20 quarter century, our knowledge of make this a better bill. However, there years and onward. As chairman of the water resources has been based on re- are several amendments that give me Science and Technology Committee, I search that was conducted in the mid- some concern. I am very hopeful that have tasked the committee with ad- dle of the last century. While I support today’s debate will address any appre- vancing this issue through hearings the concept behind the National Water hension and allow us to move the bill and with legislation to address techno- Research and Development Initiative forward.

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Mr. Chairman, I reserve the balance nesses, agriculture, and other interests dem- Chairman, along with Chairman STUPAK and of my time. onstrates the need for this important legisla- the Science Committee staff for bringing this Mr. GORDON of Tennessee. Mr. tion. The national population explosion has al- bill to the floor. My home state of Utah is the Chairman, I yield myself such time as ready begun to stress the water resources second driest state in the nation. Over the I may consume. across the country. In Colorado alone, the past year, Utah has overcome a twelve year Let me again thank Ranking Member population has grown by over 14 percent drought that threatened major industries in my HALL for his help in this bill. We have since 2000, a common theme across the district. This water shortage threatens recre- had a number of hearings over the last Western states and the Southeast. Our nation ation, tourism, ranching, and agriculture. All of 2 years. We have had open forums, we is experiencing water supply and quality con- these industries rely heavily on water usage. have had witnesses that have presented trol challenges at all levels. This legislation en- This bill coordinates national research and their testimony. He outlined a variety sures that current demand is met, that future development efforts on water and provides a of legitimate concerns that came about supply is available, and that efforts requiring clear path forward to ensure adequate water at the committee level, such as pro- immediate attention are coordinated in an ef- supplies for generations to come. It will help duced water and getting a better defi- fective manner. ensure that places like Utah have access to nition. It was a better bill because of I am grateful that Chairman GORDON and an effective national water strategy. his help, and I thank him for that. the Committee saw fit to include the language That is why I offered an amendment to this Concerning the Public Lands Act, I of my amendment, which creates a pilot pro- legislation in Committee which creates a data will just point out, as I had earlier, gram that will serve as a national model for collection system to quantify and define the that the Public Lands Act, which was conservation through energy audits of water nation’s water supply or the systems that in the other body, is an implementa- facilities. The Environmental Protection Agen- produce this resource. I am pleased that my tion legislation, where this is legisla- cy will use this model to demonstrative the ef- language is included in this bill. tion for research. fectiveness of energy audits and implement This bill will help quantify water usage by al- With that, I now would like to yield similar programs throughout the country. I lowing water users to share best practices and to the gentlelady from Texas (Ms. thank the Chairman and the Committee staff data in order to improve water resource man- EDDIE BERNICE JOHNSON) such time as for recognizing this important priority. agement. she may consume, again, an important The Congressional Budget Office indicates Utah’s lack of water is a common story in member of our committee. that if enacted, this legislation would cost $8 the west and increasingly in other parts of the Ms. EDDIE BERNICE JOHNSON of million over the next four years. That equates nation. The lack of water in Utah cripples Texas. Mr. Chairman, today I rise in to a mere 6 cents per American or 14 cents economies and I am looking forward to work- support of H.R. 1145, the National per average American family. According to an ing with my colleagues on both sides of the Water Research and Development Ini- EPA study in 2002, ‘‘If capital investments re- aisle to ensure this legislation is passed. tiative Act. This bill is of great inter- main at current levels, the potential gap be- Thank you and I urge my colleagues to sup- est to me, as I serve as Chair of the tween 2000 and 2019 would be approximately port this piece of legislation. Subcommittee on Water Resources and $122 billion for wastewater infrastructure and Mr. MINNICK. Mr. Chair, Idaho and the Environment within the Transpor- $102 billion for drinking water infrastructure.’’ other Western states continue to deal with dif- tation Committee. We are in a major economic crisis in this ficult water issues brought on by years of My city of Dallas is a beautiful area country. With increases in population over that drought. We’re tired of fighting over water, and with the Trinity River running through same period expected to exponentially rise, in- we’re ready for smart solutions to keep our cit- it. Protecting Dallas from flooding and action now could spell fiscal disaster for many ies strong, our drinking water clean and our ensuring the quality of the Trinity and communities for decades to come. crops healthy. surrounding environments are impor- Many federally-coordinated programs have Today, the House will consider H.R. 1145, tant to me and to my constituents. been enacted in the past with great success, National Water Research and Development Federally funded research on water is including systems for forecasting floods and Initiative Act. This bill, sponsored by my col- important to ensure an adequate sup- droughts and the development of water treat- league BART GORDON, coordinates research ply of clean drinking water for our Na- ment and wastewater technologies, just to efforts on water and provides a clear path for- tion. H.R. 1145 will ensure coordination name a few. These have allowed our country ward to ensure adequate water supplies for among research programs at the dif- to better manage and enhance our water re- years to come. ferent Federal agencies that support sources. The legislation before us coordinates My amendment will help our Nation better water research. the activities of over 20 federal agencies cur- manage water by highlighting the usefulness Whether the issue is storm water and rently charged with separately devising water of our nation’s water research facilities and the flood mitigation, clean water, or water- resource policy, leading to less confusion over need for these facilities to have what they shed quality, investments in this area authority and implementation, which results in need for groundbreaking research to help are critical. The type of research in- greater efficiency and savings for taxpayers. states like mine, where water issues are of volves scientists who work in inter- Access to clean, reliable sources of water is great concern to every citizen. disciplinary teams, blending their indi- a non-partisan issue. It affects every social, Our nation depends on robust water re- vidual talents in chemistry, microbial political, and economic class, affecting the search to help find better ways to manage ecology, invertebrate biology, water- prosperity and security of our communities. All shortages and severe droughts so that Idaho shed ecology, and ecosystem modeling. Americans are looking to government to pro- farmers, businesses and growing cities will I want to thank Chairman GORDON vide a forward-looking, scientifically based so- have a dependable, clean water supply and so for his leadership and Ranking Member lution to a burgeoning problem. our energy backbone, the West’s many power- HALL. I want to also thank him for in- We need a proactive approach to solving producing dams, are able to function at opti- corporating amendments suggested by water resource issues in this country, one that mum capacity. Research facilities compile members of the committee, one includ- addresses economic and environmental con- data, coordinate with agencies, and provide ing me. cerns. This bill will help ensure proper funding, the public with comprehensive information that I strongly support this legislation, maintenance, expansion, and enhancement of will help us confront water issues as they and I urge my colleagues to support it. our conventional water and wastewater infra- arise. I urge my colleagues to support the Mr. POLIS. Mr. Chair, I rise in support of the structure, creating a greener, more energy effi- manager’s amendment to this bill that includes National Water Research and Development cient system for the future. the Minnick of Idaho amendment. Initiative Act of 2009. I thank Chairman GOR- On behalf of my constituents in Colorado, Mr. LEVIN. Mr. Chair, I urge my colleagues DON and the Committee for working hard to re- and all Americans who elected us to protect to support the National Water Research and introduce this important legislation. their right to access to clean, reliable sources Development Initiative Act. Demand for water resources has increased, of fresh water, I urge my colleagues to vote There is a tendency to take the availability while our management technology and infra- ‘‘Yes’’ for this bill. of clean drinking water for granted. Even in a structure has essentially remained unchanged Mr. MATHESON. Mr. Chair, I rise today in state like Michigan, which is surrounded by since the boom of water resource-related leg- support of H.R. 1145, the ‘‘National Water Re- water, we have become increasingly aware islation in the 1970s and 1980s. In tandem search and Development Initiative Act.’’ I am that the Great Lakes are a finite resource. To with the rise in population and shift to different proud to support Chairman GORDON’s legisla- that end, the eight Great Lakes states came regions, the increase of water use by busi- tion as a cosponsor of the bill. I thank the together last year and adopted a compact to

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 9920 E:\CR\FM\K23AP7.014 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4698 CONGRESSIONAL RECORD — HOUSE April 23, 2009 manage and protect the Lakes. With the ap- search, development, demonstration, data collec- each agency represented on the interagency proval of the Great Lakes Compact by Con- tion and dissemination, education, and tech- committee. gress, at long last we closed the door to bulk nology transfer activities to address changes in (c) NATIONAL WATER RESEARCH AND ASSESS- water use, supply, and demand in the United MENT PLAN.— diversion of Great Lakes water. The Compact States, including providing additional support (1) PLAN DEVELOPMENT.—The plan required also establishes a comprehensive manage- to increase water supply through greater effi- under subsection (b)(3)(A) shall establish the ment framework to protect this shared re- ciency and conservation. priorities for Federal water research, including source and requires Great Lake states to con- (b) INTERAGENCY COMMITTEE.— federally funded research, and assessment for trol their own large-scale water use. (1) IN GENERAL.—Not later than 3 months the 4-year period beginning in the year in which In other parts of the Nation, it is clear that after the date of enactment of this Act, the the plan is submitted to Congress. In the devel- water supplies are under increasing stress. President shall establish, or designate, an inter- opment of the plan, the interagency committee Drought, population increases; and growing agency committee to implement the Initiative shall consider and utilize recommendations and under subsection (a). The Office of Science and information from State, local, and tribal govern- demand has resulted in water shortages in Technology Policy shall chair the interagency ments and contained in reports that have ad- many areas, and these shortages are ex- committee. dressed water research needs, including the 2007 pected to become more pronounced over (2) COMPOSITION.—The interagency committee report issued by the Subcommittee on Water time. Currently, more than 20 federal agencies shall include a representative from each agency Availability and Quality (SWAQ) of the Na- carry out research on water, water quality, and that conducts research related to water or has tional Science and Technology Council’s Com- water management. The bill before the House authority over resources that affect water sup- mittee on Environment and Natural Resources will begin to coordinate national research and ply, as well as a representative from the Office and recommendations of the National Academy development efforts on water to provide the of Management and Budget. of Sciences. (3) FUNCTIONS OF THE INTERAGENCY COM- (2) SPECIFIC REQUIREMENTS.—The plan shall— tools and information to manage water re- MITTEE.—The interagency committee shall— (A) identify each current program and activ- sources more effectively. (A) develop a National Water Research and ity of each Federal agency related to the Initia- I want to make clear that nothing in this leg- Assessment Plan (in this Act referred to as the tive; islation authorizes, encourages or mentions ‘‘plan’’) in accordance with subsection (c) and (B) identify funding levels for the previous fis- water diversion from the Great Lakes. That is in coordination with State, local, and tribal gov- cal year for each program and, if applicable, off the table. What is under discussion today ernments; each activity identified in subparagraph (A); is better coordination of programs that already (B) coordinate all Federal research, develop- (C) set forth a strategy and a timeline to ment, demonstration, data collection and dis- achieve the outcomes described in subsection (d) exist to improve federal activities on water, in- semination, education, and technology transfer and shall describe— volving research, data collection, modeling, activities pertaining to water; (i) each activity required of each agency re- education and the development of technology (C) encourage cooperation among Federal sponsible for contributing to each such outcome; to enhance water quality and supply. As much agencies and State, local, and tribal govern- (ii) the funding levels necessary to achieve as any other region, the Great Lakes states ments with respect to water-related research, de- each such outcome; and stand to benefit from more effective use of velopment, and technological innovation activi- (iii) the distribution of funds between each federal water research and development dol- ties to avoid duplication of effort and to ensure agency based on such agency’s role in carrying optimal use of resources and expertise; out such activity; lars. (D) facilitate technology transfer, communica- (D) be subject to a 90-day public comment pe- Let me also express my support for the tion, and opportunities for information ex- riod and shall address suggestions received and amendment offered by Representatives KIRK change with non-governmental organizations, incorporate public input received, as appro- and QUIGLEY which requires the National State and local governments, tribal govern- priate; and Water Research and Assessment Plan estab- ments, industry, and other members of the (E) be submitted to Congress not later than 1 lished in this legislation to include long-term stakeholder community through the office estab- year after the date of enactment of this Act. projections of water levels and ice cover of lished in paragraph (4); (d) WATER RESEARCH OUTCOMES AND ASSESS- major water bodies, especially the Great (E) provide guidance on outreach to minority MENTS.—The plan shall outline and direct agen- serving institutions that are eligible institutions cies under the interagency committee to work to Lakes. The loss of winter ice on the Lakes re- under section 371(a) of the Higher Education achieve the following outcomes: sults in faster evaporation of the water. We Act of 1965 (20 U.S.C. 1067q(a)) to encourage (1) Implementation of a National Water Cen- need better data to understand the decline of such institutions to apply for funding opportu- sus, which shall include the collection of data ice cover in the Great Lakes and the impact nities specified in the plan; on national water resources to create a com- this decline has on water levels in the Lakes. (F) encourage cooperation between Federal prehensive database that includes information I urge my colleagues to support the legisla- agencies, State and local governments, and trib- about the quantity, availability, and quality of tion. al governments to develop standard methods for ground water and surface water resources. Mr. HALL of Texas. Mr. Chairman, I collecting, managing, and disseminating data on (2) Development of a new generation of water yield back the balance of my time. water; and monitoring techniques. (G) not later than 1 year after the date of en- (3) Development of technologies for enhancing Mr. GORDON of Tennessee. Mr. actment of this Act and every 3 years there- reliable water supply, water reuse, and pollu- Chairman, I yield back the balance of after— tion prevention. my time. (i) identify from each agency described in (4) Development of innovative technologies The Acting CHAIR (Mr. WELCH). All paragraph (2) the statutory or regulatory bar- and tools to enhance water quality, including time for general debate has expired. riers preventing the use of any technology, tech- advanced water treatment and water purifi- Pursuant to the rule, the amendment nique, data collection method, or model that cation technologies. in the nature of a substitute printed in would contribute to greater availability of water (5) Development of innovative technologies the bill shall be considered as an origi- resources in the United States through en- and tools to enhance water-use efficiency and hanced efficiency and conservation; and tools to encourage public acceptance of such nal bill for the purpose of amendment (ii) submit a report of the findings from clause technologies and tools. under the 5-minute rule and shall be (i) to Congress. (6) Development of tools and processes to fa- considered read. (4) NATIONAL WATER INITIATIVE COORDINATION cilitate resolution of conflicts over water re- The text of the committee amend- OFFICE.— sources. ment is as follows: (A) IN GENERAL.—Not later than 3 months (7) Development of information technology H.R. 1145 after the date of enactment of this Act, the systems to enhance water quality and supply. President shall establish a National Water Ini- (8) Improvement of understanding of water-re- Be it enacted by the Senate and House of Rep- tiative Coordination Office (in this Act referred lated ecosystem services and ecosystem needs for resentatives of the United States of America in to as the ‘‘Office’’), with full-time staff, to— water. Congress assembled, (i) provide technical and administrative sup- (9) Improvement of hydrologic prediction mod- SECTION 1. SHORT TITLE. port to the interagency committee; els and their applications. This Act may be cited as the ‘‘National Water (ii) serve as a point of contact on Federal (10) Analyses of the energy required to provide Research and Development Initiative Act of water activities for government agencies, organi- reliable water supplies and the water required to 2009’’. zations, academia, industry, professional soci- provide reliable energy supplies throughout the SEC. 2. NATIONAL WATER RESEARCH AND DEVEL- eties, and others to exchange technical and pro- United States. OPMENT INITIATIVE. grammatic information; and (11) Analyses of the social, behavioral, and (a) INITIATIVE AND PURPOSE.—The President (iii) communicate with the public on the find- economic barriers to sustainable use of water re- shall implement a National Water Research and ings and recommendations of the interagency sources in the United States. Development Initiative (in this Act referred to as committee based on the activities conducted pur- (12) Assessment of national water availability the ‘‘Initiative’’). The purpose of the Initiative suant to the Initiative. and use. is to improve the Federal Government’s role in (B) FUNDING.—The operation of the Office (13) Regional assessments of the status of designing and implementing Federal water re- shall be supported by funds contributed from water supplies and evaluation of potential

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No amendment (18) Development of a program to offer energy efficiency of water treatment and deliv- to the committee amendment is in technical and planning assistance to States, ery through the use of technologies or practices order except those printed in House Re- localities, and regions that use or are plan- developed to address rural communities; and ning to use land conservation as a method to (B) developing data and information to sup- port 111–82. Each amendment may be protect water quality, as well as an analysis port water planning and conservation. offered only in the order printed in the of the impact of land conservation on water- (e) ADVISORY COMMITTEE.—The President report, by a Member designated in the shed hydrology. shall establish, or designate, an advisory com- report, shall be considered read, shall (19) Improvement of understanding of the mittee to advise the interagency committee es- be debatable for the time specified in impacts from chemical impairments, includ- tablished under subsection (b). the report, equally divided and con- ing contaminants of emerging concern, such SEC. 3. BUDGET COORDINATION. trolled by the proponent and an oppo- as endocrine disrupting compounds, pharma- (a) IN GENERAL.—The President shall provide nent of the amendment, shall not be ceuticals, and personal care products, on guidance to each Federal agency participating water supply and quality. in the Initiative with respect to the preparation subject to amendment, and shall not be (20) Analyses of the Nation’s water re- of requests for appropriations for activities re- subject to a demand for division of the search facilities and identification of wheth- lated to the plan. question. er a need exists for additional facilities. (b) CONSIDERATION IN THE PRESIDENT’S BUDG- AMENDMENT NO. 1 OFFERED BY MR. GORDON OF Page 10, after line 5, insert the following: ET.—The President shall submit, at the time of TENNESSEE (c) EVALUATION.—Not later than 30 days the President’s annual budget request to Con- The Acting CHAIR. It is now in order after the submission of the President’s an- gress, a description of those items in each agen- to consider amendment No. 1 printed in nual budget request to Congress, the Direc- cy’s budget which are elements of the plan or tor of the Office of Science and Technology help to achieve the outcomes of the plan. House Report 111–82. Policy shall write a letter to Congress evalu- Mr. GORDON of Tennessee. Mr. SEC. 4. COORDINATION. ating the budget as it relates to Federal The interagency committee shall coordinate Chairman, I have an amendment at the water research and the success of the inter- the activities of the Initiative with the United desk. agency committee in meeting the outcomes States Global Change Research Program. The Acting CHAIR. The Clerk will listed in section 2(d). SEC. 5. ANNUAL REPORT. designate the amendment. Page 10, line 7, strike ‘‘The’’ and insert the following: Concurrent with the annual submission of the The text of the amendment is as fol- (a) IN GENERAL.—The President’s budget to Congress, the President lows: Page 10, after line 9, insert the following: shall submit to Congress a report that describes Amendment No. 1 offered by Mr. GORDON of (b) SENSE OF CONGRESS.—It is the sense of the activities and results of the Initiative during Tennessee: Congress that the interagency committee the previous fiscal year and outlines the objec- Page 2, line 10, strike ‘‘use,’’ and insert should collaborate with public institutions tives for the next fiscal year. The report shall ‘‘use, quality,’’. of higher education whenever possible. include detailed information on all programs Page 2, beginning on line 12, strike ‘‘effi- Page 10, line 18, strike the period at the and activities involved in the Initiative, includ- ciency and conservation’’ and insert ‘‘effi- end and insert the following: ‘‘and the indi- ing an analysis of progress towards achieving ciency, conservation, and measures to abate cators used to measure such progress.’’ the outcomes listed in section 2(d). water quality impairment’’. Page 12, after line 6, insert the following SEC. 6. NATIONAL WATER PILOT TESTING FACIL- Page 2, line 24, strike ‘‘supply,’’ and insert (and redesignate subsequent provisions ac- ITY FEASIBILITY STUDY AND RE- ‘‘supply and water quality,’’. cordingly): PORT. Page 3, line 20, strike ‘‘with’’ and insert (a) STUDY.— ‘‘with institutions of higher education,’’. SEC. 8. WATER RESOURCE RESEARCH INSTI- TUTES. (1) REQUIREMENT.—The Comptroller General Page 3, line 22, strike ‘‘and’’ and insert (a) SUPPORT; COORDINATED PLAN.—Section of the United States shall complete a study ex- ‘‘water resources managers, commercial end 104(b) of the Water Resources Research Act amining the feasibility and practicality of cre- users, and’’. ating a national water pilot testing facility. Page 4, after line 6, insert the following of 1984 (42 U.S.C. 10303) is amended— (2) CONTENTS.—The study shall— (and redesignate subsequent provisions ac- (1) in paragraph (1), by striking ‘‘, and’’ at (A) examine Federal programs and facilities cordingly): the end and inserting a semicolon; that currently engage in some form of water (F) provide guidance on outreach to insti- (2) in paragraph (2), by striking the period technology testing; tutions of higher education (as defined in at the end and inserting a semicolon; and (B) evaluate the practicality and identify the section 101(a) of the Higher Education Act of (3) by inserting after paragraph (2) the fol- potential costs of establishing a national water 1965 (20 U.S.C. 1001(a)) that are located in an lowing: pilot testing facility; and area affected by drought and encourage such ‘‘(3) support the goals of the National (C) examine the efforts of Federal agencies to institutions to apply for funding opportuni- Water Research and Development Initiative; establish testing facilities related to other tech- ties specified in the plan; and nologies, including wind and solar, and the les- Page 5, line 13, strike ‘‘and others’’ and in- ‘‘(4) submit to the interagency committee sons learned from implementing these programs. sert ‘‘public-private collaborations, commer- under section 2(b) of the National Water Re- (b) REPORT.—Not later than 2 years after the cial end users, and others’’. search and Development Initiative Act of date of enactment of this Act, the Comptroller Page 5, line 16, strike ‘‘public’’ and insert 2009 a single, coordinated, annual report that General shall transmit to Congress a report on ‘‘public, including through a publicly acces- identifies future water research needs.’’. the key findings of the study conducted under sible website,’’. (b) TYPES OF RESEARCH AND DEVELOP- subsection (a). Page 7, line 10, strike ‘‘period’’ and insert MENT.—Section 108 of such Act (42 U.S.C. SEC. 7. DOE WATER TECHNOLOGIES FOR IN- ‘‘period as noticed on the Office’s website’’. 10307) is amended— CREASED ENERGY EFFICIENCY AC- Page 7, line 14, strike the period at the end (1) in paragraph (9), by striking ‘‘and’’ TIVITIES. and insert the following: ‘‘and revised and re- after the semicolon; Section 452(c)(2) of the Energy Independence submitted every 4 years thereafter.’’ (2) in paragraph (10), by striking the period and Security Act of 2007 (Public Law 110–140; 42 Page 8, line 2, strike the period at the end at the end and inserting ‘‘; and’’; and U.S.C. 17111) is amended— and insert the following: ‘‘and technologies, (3) by adding at the end the following: (1) in subparagraph (C), by striking ‘‘and’’ including techniques and technologies that ‘‘(11) Technical research on prevention and after the semicolon; provide publicly generated data useful to removal of contaminants of emerging con- (2) by redesignating subparagraphs (D) water managers.’’ cern, including endocrine disrupting com- through (F) as subparagraphs (E) through (G), Page 8, line 21, strike the period at the end pounds, pharmaceuticals, and personal care respectively; and and insert the following: ‘‘, including spatial products, in water resources.’’. (3) by inserting after subparagraph (C) the and temporal variation in natural supply, SEC. 9. PILOT PROGRAM. following: watershed hydrology, human and ecological The Administrator of the Environmental ‘‘(D) research to develop water efficient tech- demand, and infrastructure.’’ Protection Agency shall establish a national nologies that increase energy efficiency, includ- Page 9, after line 17, insert the following: pilot program exploring the use of energy au- ing utilization of impaired water sources in pro- (15) Development of resources to inves- dits of water related infrastructure to iden- duction;’’. tigate the effects of invasive species on tify energy and water saving opportunities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. water supplies. As part of the program, each participating There are authorized to be appropriated to the (16) Development of technologies and prac- entity shall receive an Energy Star National Oceanic and Atmospheric Administra- tices to treat eutrophic water bodies, includ- Benchmarking energy performance score to tion for coordination and outreach activities ing rivers, estuaries, and coastal waters. provide an initial screening of that entity, as

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.003 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4700 CONGRESSIONAL RECORD — HOUSE April 23, 2009 well as an ongoing tracking measure to com- amendment offered by the chairman of priation, but I think it will help them, pare their energy performance against simi- my committee, Mr. GORDON, and I may again, utilities on a voluntary basis to lar entities nationwide. want to ask the chairman a question or use that precious water resource in a Page 12, line 13, strike ‘‘and’’ after the so about it. more efficient way. semicolon. Page 12, line 14, strike the period at the There are a lot of provisions in the Mr. HALL of Texas. Mr. Chairman, end and insert a semicolon. manager’s amendment that I support. I reclaiming my time, history has indi- Page 12, after line 14, insert the following: support the emphasis of ensuring a role cated to me in my long time working (4) $2,000,000 for fiscal year 2013; and for institutions of higher education. I with the chairman, I know that as this (5) $2,000,000 for fiscal year 2014. support the provision that calls for the bill moves through the Senate, we’ll be The Acting CHAIR. Pursuant to National Water Research and Assess- working together on these things House Resolution 352, the gentleman ment Plan to be updated every 4 years, through conference and address the from Tennessee (Mr. GORDON) and a to guarantee that the plan evolves with concerns that we have raised. Member opposed each will control 20 the growing body of knowledge gar- We support the committee, and I minutes. nered through our water research ef- thank the chairman for his discussion. The Chair recognizes the gentleman forts, and I also support including the Mr. Chair, I reserve the balance of from Tennessee. list of regional outcomes, the develop- my time. Mr. GORDON of Tennessee. Mr. ment of tools to assist local water re- Mr. GORDON of Tennessee. Mr. Chairman, I yield myself such time as source managers. Chair, let me first again concur with I may consume. There are several things that I had Mr. HALL. This is going to be a con- I am offering this amendment to some problems about. One, as to tinuing process. We will go on to a con- make important changes to H.R. 1145. whether or not it was necessary to en- ference with the Senate at a later date, A number of my colleagues joined me hance the research outcome number 9, and all of these issues will be reviewed. in drafting language for this amend- ‘‘Improvement of hydrologic prediction We want the best bill possible. ment, and I applaud them for their models and their applications’’ with At this time, Mr. Chairman, I yield 2 good ideas and collaborative efforts. I the following addition: ‘‘including spa- minutes to the gentlewoman from Cali- want to thank Representatives ADLER, tial and temporal variation in natural fornia (Ms. LORETTA SANCHEZ). BEAN, CARDOZA, CONNOLLY, HALVORSON, supply, watershed hydrology, human Ms. LORETTA SANCHEZ of Cali- INSLEE, MCCARTHY, MCCOLLUM, BETSY and ecological demand, and infrastruc- fornia. Mr. Chairman, I am pleased MARKEY, MINNICK, MOORE, PINGREE, ture.’’ But I think we discussed those that today the House of Representa- POLIS, SCOTT and TITUS. pretty well in committee and with tives is considering H.R. 1145, the Na- H.R. 1145 establishes a planning proc- some interest on how these additions tional Water Research and Develop- ess for the Federal research and devel- make the research outcome better, but ment Initiative Act of 2009. opment efforts on water. This amend- I’m convinced that they do. As a supporter of this legislation, I ment clarifies that the plan should be I guess I would just ask the chair- would like to especially thank the revised and revisited as progress is man, how can you ensure that this committee chairman, Mr. GORDON from made on the goals identified in this pilot program that we have set up in Tennessee, for his leadership in bring- bill. here would not change into a burden- ing this legislation to the floor. The bill, as reported from the com- some regulatory requirement that’s This bill is an appropriate response mittee, contained conflicting informa- pushed off on the States or tribal units to the concerning state of our national tion about the length of authorization. or some of those? water supply. As our Nation’s popu- This manager’s amendment corrects Mr. GORDON of Tennessee. Would lation continues to increase, so must this discrepancy and authorizes the ini- the gentleman yield? our ability to conserve and to reuse our tiative for 5 years. Mr. HALL of Texas. I yield to the water resources. We simply cannot af- In addition, this amendment identi- gentleman from Tennessee. ford to continue to take our scarce fies additional external groups that the Mr. GORDON of Tennessee. Thank water resources for granted. And we interagency committee and its coordi- you, Mr. HALL. That’s a good question. must also educate our constituents nation office should work with, includ- Let me first say that this is a large and, quite frankly, ourselves on how to ing consumer-related businesses, water amendment and we try to deal in a col- best protect a natural resource that we managers, and public-private collabo- laborative way in our committee. Un- depend on for our survival. rations. fortunately, everyone doesn’t have the The National Water Research and De- The amendment also adds a number privilege to serve on our Science Com- velopment Initiative Act of 2009 will es- of new research outcomes for the com- mittee, and there was a lot of interest tablish an interagency committee to mittee to investigate, including pol- in this bill. So there were lots of develop a research and assessment plan luted coastal waters, changing patterns amendments, many of which were in- to protect and to expand our water re- of water availability, the impacts of corporated here. As I say, I think we sources. H.R. 1145 will make the Fed- invasive species, the emerging con- would be better off in a more collabo- eral Government a leader, a leader, in taminants of concern, such as a variety rative way having vetted these. But I effectively addressing our water re- of other disruptors. think that we have had the oppor- source challenges through intense re- This amendment also provides addi- tunity to do that more recently. And search, collection of essential data, and tional oversight procedures to the ini- let me address your very real legiti- the development of new technology. tiative to ensure that taxpayer dollars mate question concerning scaling out Mr. Chairman, in my district, I’m are being spent in the most effective this EPA program. proud, as you know, that Orange Coun- manner. First of all, as I think we all know, 20 ty Water District has successfully de- or 30 percent of water is lost through veloped and implemented a cutting- b 1100 various utilities. I was reading a story edge water reuse technology. The These are important additions to the other day where several utilities Groundwater Replenishment System in H.R. 1145, and I ask my colleagues’ sup- still have wooden pipes from decades Orange County, California, purifies 70 port on this amendment. back. So this is a voluntary program million gallons of treated sewer water Mr. Chairman, I reserve the balance that would allow the various utilities every day through an advanced purifi- of my time. to ask the EPA to come in and help cation process involving microfiltra- Mr. HALL of Texas. Mr. Chairman, I them with an analysis on how they tion, reverse osmosis, and ultraviolet rise to claim time in opposition to the could be more efficient and save money light and hydrogen peroxide treatment. gentleman’s amendment. with their program. So, again, it’s vol- The result is that we get 100,000 Orange The Acting CHAIR. The gentleman untary. County families more drinking water from Texas is recognized for 20 min- I would also say this is just an au- every day. The system is a premier utes. thorization. If the EPA does not feel groundwater replenishment project, Mr. HALL of Texas. Mr. Chairman, I they have the resources to do it, they the premier one in the world, and so do rise today to speak about this don’t have to without a further appro- many States and local governments

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.030 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4701 and foreign governments have come to as well as the research community out- GORDON for his leadership on this very Orange County to take a look at the side of the Federal agency leadership. important legislation. system. It’s so important that in authorizing Mr. HALL of Texas. Mr. Chairman, I I believe that H.R. 1145 will encour- this office we address this potential continue to reserve the balance of my age communities throughout the coun- pitfall. My amendment that has been time. try to embrace this type of innovation, included in the manager’s package Mr. GORDON of Tennessee. Mr. and I would encourage my colleagues would supplement the great work al- Chairman, I yield 2 minutes to the gen- to join me in supporting this important ready done by Chairman GORDON and tlewoman from Illinois (Mrs. initiative. the Science Committee on this front. It HALVORSON). Once again, I thank the chairman for will call for the creation of a public Mrs. HALVORSON. Thank you, his leadership on this. It’s so important Web site to display important informa- Chairman GORDON, for the opportunity for us to make sure that in the future tion on the range of reports and activi- to speak in support of the manager’s we have water for our constituents. ties by this committee, including the amendment. I applaud the Science and Mr. HALL of Texas. Mr. Chairman, I posting of notices about opportunities Technology Committee for the hard reserve the balance of my time. for stakeholders to comment on the work you’ve put into this important Mr. GORDON of Tennessee. Mr. Federal water research plan. It’s cer- legislation. Chairman, I yield 3 minutes to the gen- tainly my hope that these steps boost Water issues are something I hear tlewoman from Wisconsin (Ms. MOORE). and strengthen the link and inter- about often when I’m back in my dis- Ms. MOORE of Wisconsin. I want to action between non-Federal stake- trict meeting with constituents. Many thank Chairman GORDON for yielding holders including the Milwaukee Water of my mayors have told me that the time to me and for including my Council and the Federal water research biggest challenge facing their commu- amendment in his manager’s amend- initiative. nities is our aging water infrastructure ment, and I thank his staff for working Again, I thank the chairman and the problems. Residents in many small with me to make sure that all inter- staff for working with me to make sure rural towns do not have reliable access ested stakeholders, including public- that the stakeholders will have one to safe drinking water. This is not only private collaborations such as the Mil- more tool available. a public safety issue but it is also an waukee Water Council in my district, Mr. HALL of Texas. Mr. Chairman, I economic development issue. Commu- will be able to interact with and follow continue to reserve the balance of my nities with inadequate water infra- the interagency committee’s work. time. structure or an unsafe drinking water This Federal water research initia- Mr. GORDON of Tennessee. Mr. supply are unlikely to attract the tive will certainly impact a host of af- Chairman, I yield 2 minutes to the gen- types of commercial development that fected stakeholders, not just Federal tleman from across the Potomac River, will put people back to work. agencies, including those in my dis- Mr. CONNOLLY. There is little doubt that the busi- trict. The Milwaukee area, which I rep- Mr. CONNOLLY of Virginia. I thank ness community has a tremendous resent, is blessed to sit on Lake Michi- the chairman for yielding. stake in the future of our Nation’s gan, and, of course, Lake Michigan is Mr. Chairman, I rise in support of water supply. That is why I am pleased one of the most tremendous resources H.R. 1145. This important legislation the manager’s amendment includes that makes up the Great Lakes and is will improve Federal coordination in language I put forward to ensure that one of the largest freshwater sources the protection of water quality across the interagency committee created by on the planet. America. I had the privilege of pro- H.R. 1145 works together with the busi- The Milwaukee area also has a con- posing two amendments to this legisla- ness community. Small businesses es- centration of companies in the business tion, both of which were graciously in- pecially need help accessing the infor- of water and academic prowess in the corporated by the chairman in the mation and innovation technologies water research field. An effort is under- manager’s amendment. that will allow them to become smart- way, spearheaded by the Milwaukee Congresswoman MCCOLLUM and I in- er and more efficient consumers of Water Council, to better align these troduced an amendment to ensure that water. companies and the academic research the interagency task force established b 1115 strength in the area to create a hub for by this bill will provide guidance on re- As a member of the Small Business freshwater science, research, and water ducing endocrine disruptor pollution. Committee, I am proud to play a role technology development. This is why I These contaminants, which come from in making this process possible. This offer an amendment today to enhance pharmaceuticals and other sources, are manager’s amendment recognizes that the ability of these key stakeholders having dramatic negative impacts on our Nation’s water challenges will re- like the Milwaukee Water Council to rivers and lakes across the country. quire not only intergovernmental co- participate in the agenda-setting proc- For example, watersheds in the na- operation, but also public-private part- ess created by the bill. tional capital region, including the Po- nerships. Importantly, the amendment clari- tomac and James Rivers, have tribu- Working together, government and fies that public-private collaborations taries where 80 to 100 percent of bass the private sector can pool resources formed around water research and have intersex characteristics. We must and implement the ambitious goals technology development at the State expedite our efforts to identify sources outlined by the National Water Re- and local levels are important parts of of this pollution and ways to filter it search and Development Initiative Act. the stakeholder community. This is out of drinking water to protect public I thank Chairman GORDON again for key. But just don’t take my word for health and safety. the opportunity to speak in support of it, Mr. Chairman. The 2004 National I also introduced an amendment to the manager’s amendment. Academies of Science report made direct the interagency working group Mr. HALL of Texas. Mr. Chairman, I clear that we must prioritize making to develop a technical assistance pro- continue to reserve. the Federal agenda-setting process gram to help States and localities use Mr. GORDON of Tennessee. I yield 3 transparent to the various stake- land conservation to protect water minutes to the gentlewoman from Min- holders who have a stake in the out- quality. This is an important feature in nesota (Ms. MCCOLLUM), and I want to comes of this initiative. The report regions like Northern Virginia, where thank her for her important contribu- also noted that one of the weaknesses sprawl threatens the integrity of tion to this amendment. of the coordination role played by the drinking water supplies. In fact, we Ms. MCCOLLUM. Thank you, Chair- Subcommittee on Water Availability saw that demonstrated dramatically in man GORDON. and Quality, SWAQ, administered by a Public Broadcasting program just Mr. Chair, I rise today to voice my the Office of Science and Technology this last week with Hedrick Smith that strong support for the National Water Policy is that the SWAQ lacks connec- really highlighted this as a major issue Research and Development Initiative tions, formal or informal, to States, for our science moving forward. Act and for the manager’s amendment. stakeholders, and other users. The I encourage my colleagues to support My State of Minnesota claims over SWAQ is invisible to the public at large H.R. 1145, and I deeply thank Chairman 10,000 lakes and is the headwaters of

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.020 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4702 CONGRESSIONAL RECORD — HOUSE April 23, 2009 the Mississippi River and is part of the cluding the text of my amendment in really, the last 2 years with hearings in Great Lakes chain of lakes. We have his manager’s amendment. This bill is the committee, with workshops, with a Lake Superior on our northern shore. critical to States like Nevada where variety of different efforts to hear all Improving the coordination of Fed- drought constantly threatens the and come forth with a good bill on a eral research is important for my State availabilities of our already limited very important issue. and for our country, and we need to do water supply and, thus, our environ- As I mentioned earlier, there’s going a better job of making use of data to ment and our economy. to be 40 States for the year 2013 that make good policy. My language in this manager’s are going to have a water crisis. We This amendment includes three im- amendment directs the interagency need to address this. portant provisions, and I would like to committee established in the bill to Let me say one final thing about this talk about them briefly. work to improve water prediction mod- manager’s amendment. It’s a little The first part of my amendment, els and their applications, including larger than usual. There have been which is included in the manager’s analysis of variations and natural sup- some new, but I think, worthwhile amendment, clarifies the bill’s focus to ply, watershed hydrology, human and items introduced there. I think they include both water quality and quan- ecological demand, and infrastructure. need to continue to be vetted. I don’t tity. Federal jurisdiction on water pol- As we celebrate Earth Day this week, like to just bring things in off the icy tends to create a division between it’s important that we recognize that street. the two, but the science often overlaps. water has become and will continue to And I want Mr. HALL to know that as To achieve the goal of coordination of be a significant limiting resource for we go through the process that we will research across all Federal agencies, the Western United States. continue this discussion if there are it’s important to support a comprehen- So it is vital that we fully under- any concerns about amendments that sive research agenda, and this legisla- stand the current distribution of this were incorporated into this manager’s tion does that. resource while also being able to accu- amendment. Second, in the area of water quality, rately predict the impacts of future I reserve the balance of my time. this amendment adds research objec- conditions like growth and climate Mr. ADLER of . Mr. Chair, I rise tives related to chemical impairments change on its availability. Accurate in support of my amendment to H.R. 145, the in our water supply, specifically con- prediction about the availability of ‘‘National Water Research and Development taminants of emerging concern. These water resources will help our commu- Initiative Act of 2009.’’ contaminants include pharmaceuticals, nities as they work to ensure that busi- My amendment is critical to improving the personal care products and the endo- nesses and families have access to health of many different types of water bodies, crine disrupting compounds. Research- clean, safe and adequate water supply. especially a treasured resource in my own dis- ers have found that exposure to these Our drinking and wastewater utili- trict—Barnegat Bay. My amendment will task contaminants can produce deformities ties are required to plan for a number the interagency committee, established in this and reproductive problems in aquatic of long-term uncertainties. In order to bill, with implementing a plan to develop tech- species and insects. successfully plan and adapt to change, nologies and practices that would treat eutro- Today we know enough about these much more focused, applied research phic bodies of water, including estuaries. contaminants to be worried, but not must be done. The Barnegat Bay estuary covers over 42 enough to provide good information to The Desert Research Institute in Ne- miles of shoreline from the Point Pleasant our State health officials and to our vada is tackling this problem head-on Canal to Little Egg Harbor Inlet in southern constituents. Research on these con- by establishing the Nevada Water Re- New Jersey. The flow of fresh water from riv- taminants must be a Federal priority, sources, Data Modeling and Visualiza- ers, creeks and groundwater into the Barnegat and this legislation moves in that di- tion Center. It will enable better un- Bay produces the special conditions that are rection. derstanding of the present and future important for the survival of crabs, fish, birds, Finally, the amendment will link the distribution of water within our State. and other wildlife. existing work of the 54 federally funded Accordingly, DRI, in collaboration The eutrophication of Barnegat Bay is caus- research centers with the new Federal with UNR and UNLV, has established ing such environmentally detrimental con- water research plan called for in H.R. an experimental facility in Boulder sequences as the decline in fish populations, 1145. The National Institutes for Water City to collect data regarding water the decline of shellfish stocks, increased algae Resources are located in the institu- interactions in desert soils. This will blooms, and loss of seagrass habitat. These tions of higher education all across lead to improved predictions of the po- problems are causing the deterioration of this country. This research network is tential impact of a changing climate water quality, loss of biodiversity, and the dis- underutilized as a resource. on groundwater recharge. ruption of ecosystem health and function. This amendment would make it a pri- The work being done at educational The eutrophication of the Barnegat Bay es- ority for the National Institutes for institutions in Nevada illustrates just tuary is also negatively impacting one of the Water Research to support the goals of how much potential there is to improve most treasured pastimes of the residents of H.R. 1145, and it will increase coordina- Federal coordination of predictive my district—fishing. The continued decline of tion among the centers so they are water modeling. Whether communities the health of the bay has resulted in such a more effective partners in Federal are worried about drought or flooding, sharp decline in the bay’s fish population that water quality efforts. snowmelt or urban runoff, the improve- it has detrimentally affected both recreational This amendment promotes a Federal ment of water prediction models will and commercial fishermen in my district. Fish- approach to water research. It is com- help communities across the country ing is a treasured family tradition for many prehensive, effective, and it is one that adapt to changes in the natural and the residents of Ocean County, New Jersey, and leverages all of our Federal research built-in environment. for others, it is a source of their livelihood. partners to work together. So thank you again, Mr. Chairman, Something must be done to improve the I encourage my colleagues to support for your hard work and for including health of the bay while at the same time im- this amendment and the bill. And, me in this amendment. proving the economic and recreational pursuits again, I thank Chairman GORDON for Mr. HALL of Texas. I reserve the bal- of the people of my district. his leadership on this issue and his ance of my time. Eutrophication is the process by which a staff for all the work that they have Mr. GORDON of Tennessee. Mr. body of water becomes eutrophic, typically as done on this important issue. Chairman, I yield myself such time as a result of mineral and organic runoff from the Mr. HALL of Texas. Mr. Chairman, I I may need to start our close here. We surrounding land. The increased growth of continue to reserve. have no further speakers. plants and algae that accompanies eutrophica- Mr. GORDON of Tennessee. Mr. Again, I want to thank Ms. TITUS, tion depletes the dissolved oxygen content of Chairman, I yield 4 minutes to the gen- Ms. JOHNSON, all the others who helped the water and often causes a die-off of other tlelady from Nevada (Ms. TITUS). us put together this manager’s amend- organisms. Ms. TITUS. I want to first thank ment. Barnegat Bay is one of 28 congressionally- Chairman GORDON for his hard work on I certainly want to thank Mr. HALL designated National Estuary Programs in the this important legislation and for in- and his staff as we have gone through, country, and it is in serious need of help.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 9920 E:\CR\FM\K23AP7.022 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4703 While the many estuaries in the country are Ms. KOSMAS. Mr. Chairman, I have Mr. DRIEHAUS. I want to congratu- diverse in their characteristics and the issues an amendment at the desk. late my colleague from Florida on this that they face, the most critical factor affecting The Acting CHAIR. The Clerk will amendment. I think it’s an important many of them, and especially Barnegat Bay, is designate the amendment. amendment, and I think this bill comes eutrophication. The text of the amendment is as fol- at a very important time. I urge my colleagues to vote for my amend- lows: Just today our Ohio EPA director, ment and H.R. 1145. Amendment No. 2 offered by Ms. KOSMAS: Chris Korleski, announced funding Mr. INSLEE. Mr. Chair, I would like to thank At the end of section 2(d) of the bill, add through the American Recovery and the following (with the correct sequential the Chairman for including my amendment Reinvestment Act coming to the State provision designations [replacing numbers of Ohio and specifically to Ohio’s water into the manager’s package. This important bill currently shown for such designations]): addresses a critical component to how we (15) Assessment of the impacts of natural projects, over 69 drinking water adapt to a changing climate and I am honored disasters, including floods, hurricanes, and projects and 255 water pollution con- to have contributed to the creation of this vital tornadoes, on water resources. trol projects. And what the EPA direc- piece of legislation. The Acting CHAIR. Pursuant to tor said in his statements, I think, is Washington State faces a decrease in House Resolution 352, the gentlewoman very telling. He said this additional spring snowpack of nearly thirty percent by the from Florida (Ms. KOSMAS) and a Mem- Federal funding will provide jobs while 2020’s, forty percent by the 2040’s and sixty- ber opposed each will control 5 min- also improving Ohio’s worn water in- five percent by the 2080’s. While this state- utes. frastructure. wide information is significant to understand The Chair recognizes the gentle- Yes, we have a worn water infrastruc- the regional impacts of the changing climate woman from Florida. ture in the State of Ohio and in many States across the Midwest, and it is on water availability, the information only Ms. KOSMAS. Mr. Chairman, I yield particularly taxed at times of natural skims the surface of what our communities myself as much time as I may con- disaster. So I think assessing the value need to know to ensure the availability of our sume. of looking at tornadoes, looking at water resources. I thank Chairman GORDON for bring- floods and looking at the way in which Many water resource managers lack the ing this important bill to the floor to our water resources are impacted is specific information on how changing climate address our water research needs. critically important because we do conditions will impact the availability of, and Access to clean and reliable water supplies is an issue that affects every have a system, a system that is aging. demand for, water in their communities. In When we talk about combined sew- order to correctly plan for future operations, community across our country. In my district along the central Florida ers, as we have in Cincinnati, and we utility managers must have accurate informa- have combined sewer systems across tion on how climate change and other factors coastline, local communities also must deal with the other impacts of weather the Midwest and on the east coast, we will impact specific water sources. With the recognize that at times of flooding we tools provided in this amendment, Evergreen conditions such as hurricanes, which have the potential to affect our water have raw sewage coming out into our Rural Water of Washington, a non-profit orga- waterways, into our streams, and they nization serving the needs of small water sys- supplies. However, this is not just a coastal issue, as recent floods in North are especially taxed. tems in Washington State, will be able to con- We need to make sure that the appro- tinue their important work to provide local Dakota and Florida, tornadoes in Ten- nessee and Alabama, and other weather priate precautions are in place to try water systems with on-site technical assist- to prevent these overflows, but also to ance, formal training, equipment lending and events across the country, have exhib- ited to us and show us the need for this help fix those systems in the aging training information while considering specific to be addressed at a national level. communities in order that when we impacts of climate change to these local water My amendment, which adds a provi- have natural disasters, we are able to systems. sion to the Water Research Outcomes ensure the population that we have Some utilities, such as Seattle Public Utili- and Assessments section, mandates an clean drinking water available to ev- ties, have assessed the vulnerability of their assessment of the impacts of major eryone. water supply to climate change and have weather events on our water supplies. I want to thank my colleague from begun to develop adaptation strategies to pre- Hurricanes, floods and tornadoes can Florida for her efforts. Ms. KOSMAS. I appreciate your com- pare for the impacts of the change in tempera- lead to salt water intrusion, infrastruc- ments, Congressman DRIEHAUS, and I ture while other utilities have not, either due to ture damage, sewer overflows, storm the lack of resources or lack of awareness urge adoption of the amendment. water runoff and other conditions that Mr. GORDON of Tennessee. Would about the implications for the specific system can harm our water supplies and the they manage. By developing tools used for the the gentlewoman yield? surrounding environment. Ms. KOSMAS. I yield to the gen- anticipation of changing water availability and A better understanding of these im- use patterns for the preparation of a strategic tleman from Tennessee. pacts will aid local communities and Mr. GORDON of Tennessee. Let me plan for sustainable future operations, we can States in addressing water supply downscale the information developed by fed- just thank the gentlewoman for her issues before, during and after major amendment and her leadership on our eral water research to a utilizable level so that storms. all utility companies will be able to plan for the committee in terms of space and Combined with the provisions in this science. This amendment makes our future water resource for their customers. bill, including the requirement to de- I am honored that my amendment was in- bill a better bill. velop innovative tools to enhance Ms. KOSMAS. Thank you very much cluded in the manager’s package as it will water treatment and water purification for your comments. bridge the gap between the research imple- technologies, this amendment will help I reserve the rest of my time. mented on the federal level and what is need- address the impacts of major weather Mr. HALL of Texas. Mr. Chairman, I ed on the ground by water resource managers events over the long run through the claim the time in opposition to the and utilities. development and implementation of amendment. Although I don’t nec- Mr. HALL of Texas. Mr. Chairman, I policies to prevent and mitigate such essarily oppose the amendment, I do yield back the balance of my time. vulnerabilities to our water supplies. have a statement. Mr. GORDON of Tennessee. Mr. A nationally coordinated assessment The Acting CHAIR. Without objec- Chairman, I yield back the balance of of major weather events will ensure tion, the gentleman from Texas is rec- my time. that our constituents have access to ognized for 5 minutes. The Acting CHAIR (Mr. SALAZAR). safe, reliable water supplies without There was no objection. The question is on the amendment of- interruption and that providers will be Mr. HALL of Texas. Mr. Chairman, I fered by the gentleman from Tennessee able to meet Federal standards and actually rise in support of the amend- (Mr. GORDON). that we will use our resources in a ment offered by Representative The amendment was agreed to. more cost-effective and efficient man- KOSMAS of Florida. AMENDMENT NO. 2 OFFERED BY MS. KOSMAS ner. The amendment simply directs the The Acting CHAIR. It is now in order I would like to yield 2 minutes of my agencies under the interagency com- to consider amendment No. 2 printed in time to the Congressman from Ohio mittee to assess the impacts of natural House Report 111–82. (Mr. DRIEHAUS). disasters on water resources.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.031 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4704 CONGRESSIONAL RECORD — HOUSE April 23, 2009 We know that national disasters such The Chair recognizes the gentleman ation when looking at our entire water as floods, droughts, hurricanes and all from Washington. supply outlook. Whether it is for drink- of that can have a very significant ef- Mr. HASTINGS of Washington. Mr. ing water, irrigation or for power gen- fect on water levels and cause major Chairman, I yield myself such time as eration, it puts that on the table. disruptions in local communities. I may consume. So I urge my colleagues to support In my home State of Texas, we have Mr. Chairman, my amendment en- this commonsense amendment. recently seen the extremes of way too sures that potential water storage res- Mr. Chairman, I reserve the balance much water in the form of hurricanes ervoirs and their hydropower resources of my time. and too little, many times in the form are kept on the table when it comes to Mr. GORDON of Tennessee. Mr. of droughts. our Nation’s future water and power Chairman, I claim the time in opposi- It’s important that we achieve a bet- supplies. tion to the amendment, even though I ter understanding of the impacts of I have the privilege of representing a am not opposed to the amendment. these natural disasters on water re- rural district in central Washington. The Acting CHAIR. Without objec- sources so that local managers and Constituents in my district and tion, the gentleman from Tennessee is State officials can plan and manage for throughout the Pacific Northwest have recognized for 5 minutes. future use and economic growth. It benefited tremendously from the emis- There was no objection. simply makes sense that we coordinate sions-free and renewable hydropower Mr. GORDON of Tennessee. I yield efforts at the local, State and national generated from water reservoirs in the myself such time as I may consume. level to achieve these ends. Columbia River Basin. In fact, over 80 I will just quickly say thank you to percent of Washington State’s elec- Mr. HASTINGS for this amendment. I b 1130 tricity needs are met through hydro- think it is a constructive amendment. I have long been a proponent of this power. I think it may need some fine-tuning type of coordination. During the 109th Water reservoirs, such as Lake Roo- so it can fit best into this bill and the Congress, I sponsored a bill to create sevelt behind Grand Coulee Dam and constructs of the bill, but it certainly the National Integrated Drought Infor- the reservoirs behind the Snake River is constructive and certainly some- mation System, and I am proud to say Dam have not only provided much- thing we should do, and we will work the program is currently up and run- needed hydroelectricity, but also de- with you. ning. NIDIS coordinates and integrates liver water for irrigation, barge trans- I will be voting for the amendment, observations so that local water man- portation, drinking water, flood con- and as we go through the process will agers can better plan and can better trol and recreation purposes. be trying to work with you to again predict for future uses. Many of our Nation’s water storage make it fit into the bill better so we While our Nation will always face reservoirs contribute to the generation can go into conference. natural disasters of one form or an- of hydropower, which is, Mr. Chairman, I yield back the balance of my time. other, we can do more to mitigate the a renewable and clean energy resource. Mr. HASTINGS of Washington. Mr. effects through careful study and care- Hydropower projects have provided Chairman, I appreciate the chairman’s ful planning. The gentlelady’s amend- emissions-free electricity for genera- working with us on this and would be ment moves in that direction, and I tions. more than happy to work with him. urge its passage. Recent debate here in Washington, To that end, Mr. Chairman, I yield 1 Mr. Chairman, I yield back my time. D.C. has been focused on global climate minute to the distinguished ranking Ms. KOSMAS. Mr. Chairman, I yield policies and how wind and solar can be member of the Science Committee, the back my time. energy solutions for the future. I agree gentleman from Texas (Mr. HALL). The Acting CHAIR. The question is that these technologies should be part Mr. HALL of Texas. Mr. Chairman, I on the amendment offered by the gen- of our energy portfolio, but our coun- rise in support of the gentleman from tlewoman from Florida (Ms. KOSMAS). try needs an all-of-the-above approach Washington’s amendment. Potential The question was taken; and the Act- to meet our needs. We need wind, solar, reservoirs and new hydropower should ing Chair announced that the ayes ap- hydro, oil, natural gas and nuclear continue to play a major part in our peared to have it. power. water and energy supplies. Ms. KOSMAS. Mr. Chairman, I de- However, we must recognize that the As areas of the country struggle with mand a recorded vote. wind doesn’t blow all the time and that water shortages or increasing demands The Acting CHAIR. Pursuant to it gets dark at night. In my region of on the water supply, we have to be clause 6 of rule XVIII, further pro- the Pacific Northwest, hydropower is willing to be creative in the ways we ceedings on the amendment offered by the renewable backup resource for wind address water use and water storage the gentlewoman from Florida will be power. When the wind subsides, hydro- problems. This is a thoughtful amend- postponed. power generation is increased to offset ment and an improvement to the bill. I commend Mr. HASTINGS for his leader- AMENDMENT NO. 3 OFFERED BY MR. HASTINGS the loss of wind power. Without hydro- OF WASHINGTON power, wind generation would not be ship on this effort. The Acting CHAIR. It is now in order the reality that it is today. Mr. HASTINGS of Washington. Mr. to consider amendment No. 3 printed in Yet some do not recognize that hy- Chairman, I appreciate again the sup- House Report 111–82. dropower is a renewable resource and port of the distinguished chairman and Mr. HASTINGS of Washington. Mr. fail to see the need for new water stor- the ranking member. With that, I urge Chairman, I have an amendment made age reservoirs that help develop and adoption of the amendment, and yield in order under the rule. foster these and other renewable ener- back the balance of my time. The Acting CHAIR. The Clerk will gies, reservoirs that have helped de- The Acting CHAIR. The question is designate the amendment. velop our Nation and will continue to on the amendment offered by the gen- The text of the amendment is as fol- provide multiple uses, including hydro- tleman from Washington (Mr. lows: power. There is simply no reason why HASTINGS). we should discount potential new water The amendment was agreed to. Amendment No. 3 offered by Mr. HASTINGS AMENDMENT NO. 4 OFFERED BY MR. CARDOZA of Washington: storage and reservoirs in the future. In section 2(d), add at the end the following So to that end, Mr. Chairman, my The Acting CHAIR. It is now in order new paragraph: amendment directs the relevant agen- to consider amendment No. 4 printed in (15) Assessment of potential water storage cies to assess potential water storage House Report 111–82. projects that would enhance water supply, projects that would enhance water sup- Mr. CARDOZA. Mr. Chairman, I have water planning, and other beneficial uses. ply, water planning and other bene- an amendment at the desk. The Acting CHAIR. Pursuant to ficial uses. The Acting CHAIR. The Clerk will House Resolution 352, the gentleman While I pointed out the benefits of designate the amendment. from Washington (Mr. HASTINGS) and a hydropower, this amendment does not The text of the amendment is as fol- Member opposed each will control 5 predetermine outcomes. It simply puts lows: minutes. potential water storage as a consider- Amendment No. 4 offered by Mr. CARDOZA:

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.025 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4705 At the end of the bill, add the following greater availability of clean water in to manufacturing plants and other in- new section: California. dustries. Understanding how such in- SEC. 9. STUDY. I yield to the chairman, the gen- dustries need and use water will be Not later than 90 days after the date of en- tleman from Tennessee. critical to meeting our future needs actment of this Act, the Secretary of the In- Mr. GORDON of Tennessee. I want to while stimulating economic growth. terior shall enter into an arrangement with the National Academy of Sciences for a thank you for this constructive amend- Without it, any water research plan study on the impact of changes in snow ment. You have been a leader on water would be incomplete. pack, including snow pack from the Sierra issues in California. I know that is a I certainly encourage my colleagues Nevada, on water resources and its relation very sensitive issue there, and thank to support this amendment. to water supply, including the Sacramento- you for helping make a good bill bet- Mr. Chairman, I yield 1 minute to the San Joaquin Delta. ter. gentleman from Texas (Mr. HALL). The Acting CHAIR. Pursuant to Mr. CARDOZA. Mr. Chairman, I Mr. HALL of Texas. Mr. Chairman, I House Resolution 352, the gentleman thank the chairman and I appreciate rise in support of this amendment. I from California (Mr. CARDOZA) and a his input. think this amendment is very impor- Member opposed each will control 5 I yield back the balance of my time. tant to ensure that we assess water minutes. The Acting CHAIR. The question is supply and water needs for commu- The Chair recognizes the gentleman on the amendment offered by the gen- nities and we keep in mind the indus- from California. tleman from California (Mr. CARDOZA). tries and businesses that employ the Mr. CARDOZA. Mr. Chairman, I yield The amendment was agreed to. folks in these communities. myself such time as I may consume. AMENDMENT NO. 5 OFFERED BY MS. GINNY We don’t believe the bill should be Mr. Chairman, my amendment ad- BROWN-WAITE OF FLORIDA about pitting one water user against dresses a grave concern in California The Acting CHAIR. It is now in order another, but rather it should help to with the San Joaquin Valley water to consider amendment No. 5 printed in ensure enough water for all users by fo- quality. Water is the basic necessity of House Report 111–82. cusing on new methods and tech- life. Without clean, available water, we Ms. GINNY BROWN-WAITE of Flor- nologies for conservation and effi- can’t produce, grow, play, work and in ida. Mr. Chairman, I have an amend- ciency. fact even live. It is important to re- ment at the desk. I urge my colleagues to support the search and preserve our resources, and The Acting CHAIR. The Clerk will amendment. my amendment focuses on the vital designate the amendment. Ms. GINNY BROWN-WAITE of Flor- water resources of California. The text of the amendment is as fol- ida. Mr. Chairman, I would like to re- Every year, the snow pack in the Si- lows: serve my time. erra Nevada slowly melts and flows Mr. GORDON of Tennessee. I claim Amendment No. 5 offered by Ms. GINNY the time in opposition to the amend- down the mountain, providing clean, BROWN-WAITE of Florida: reliable water year-round to our farms, At the end of section 2(d) of the bill, add ment, though I am not in opposition to homes, businesses and municipalities. the following (with the correct sequential the amendment. But now global warming threatens this provision designations [replacing numbers The Acting CHAIR. Without objec- natural system and threatens the currently shown for such designations]): tion, the gentleman from Tennessee is health of our families. As the atmos- (15) Improvement of understanding of recognized for 5 minutes. phere warms, the snow pack melts too water-intensive sectors of the economy and There was no objection. industrial needs for water. quickly to use and we lose the vital Mr. GORDON of Tennessee. Mr. components of life. The Acting CHAIR. Pursuant to Chairman, I yield myself such time as For 50 years, visionary leaders har- House Resolution 352, the gentlewoman I may consume. nessed Mother Nature and brought from Florida (Ms. GINNY BROWN-WAITE) Mr. Chairman, let me just thank the water from the mountains down into and a Member opposed each will con- gentlelady from Florida for this con- the valley to meet the needs of a thriv- trol 5 minutes. structive amendment. I think again ing and growing State. Our economies The Chair recognizes the gentle- this helps to make a good bill better, flourished under that water system and woman from Florida. and I urge support of her amendment. it was efficient and it was the pride of Ms. GINNY BROWN-WAITE of Flor- Mr. Chairman, I yield back the bal- the West. But recently our State has ida. Mr. Chairman, I yield myself such ance of my time. more than doubled in population and time as I may consume. Ms. GINNY BROWN-WAITE of Flor- we have done little to keep pace with Mr. Chairman, I rise today in support ida. Mr. Chairman, I certainly thank this growth. In fact, instead of keeping of this amendment and the overall bill, the gentleman, who is very knowledge- pace with the growth, we have actually the National Water Research and De- able in this area for supporting this lost significant amounts of our water velopment Initiative Act. As we all amendment. Economic development supply. know, parts of the United States are does depend upon water resources in so It is therefore even more important currently in a drought situation. Even many sectors of our economy. I am today to support this amendment as we Florida, which many people think of as very enthusiastically supporting his desperately search for good water that being water rich, is suffering from bill, and I am delighted that he be- can continue to nourish our crops and drought. Last year, for instance, the lieves that this amendment helps to feed our children. I ask my colleagues City of Tampa imposed a total restric- make the bill, which is already a good on both sides of the aisle to support tion on lawn watering and other rec- bill, a little bit better. this commonsense amendment. reational uses for water. Our water re- I yield back the balance of my time. I reserve the balance of my time. sources are becoming scarce in various The Acting CHAIR. The question is The Acting CHAIR. Without objec- parts of our great country. on the amendment offered by the gen- tion, the gentleman from Texas is rec- In the short-term we will have to find tlewoman from Florida (Ms. GINNY ognized for 5 minutes. temporary solutions to navigate BROWN-WAITE). There was no objection. through these droughts. But in the The amendment was agreed to. Mr. HALL of Texas. I am not opposed long term we will need a plan to pre- AMENDMENT NO. 6 OFFERED BY MR. ARCURI to the amendment, I recommend its vent such a crisis from happening The Acting CHAIR. It is now in order passage, and I yield back my time. again. My amendment to H.R. 1145 adds to consider amendment No. 6 printed in Mr. CARDOZA. I thank my colleague to the water research outcomes a study House Report 111–82. and dear friend from Texas. I also want of water-intensive sectors of the econ- Mr. ARCURI. Mr. Chairman, I offer to thank the staff of the committee omy and industrial needs for water. an amendment. and the chairman of the committee for Passage of my amendment will en- The Acting CHAIR. The Clerk will working with us to make this amend- sure that the interagency committee designate the amendment. ment possible on the floor. created under this bill will look at how The text of the amendment is as fol- Mr. Chairman, I look forward to the water is used across the country, from lows: passage of this amendment and to golf courses and fast food restaurants Amendment No. 6 offered by Mr. ARCURI:

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.029 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4706 CONGRESSIONAL RECORD — HOUSE April 23, 2009 At the end of section 2(d) of the bill, add ciently and effectively utilize our num- Mr. KIRK. I am very honored to rise the following (with the correct sequential ber 1 most precious resource, and that on behalf of the Kirk-Quigley amend- provision designations [replacing numbers of course is water. ment on behalf of me and our newest currently shown for such designations]): So I would strongly urge the passage Member of Congress, Congressman (15) Improvement of understanding of com- of this amendment, and I reserve the peting water supply uses and how different QUIGLEY, who replaced Rahm Emanuel uses interact with and impact each other. balance of my time. in the House. Mr. HALL of Texas. Mr. Chairman, I The Acting CHAIR. Pursuant to When we look at the Great Lakes, we rise not in opposition, but to make a House Resolution 352, the gentleman look at one of the crown jewels of our statement about the amendment. country’s environment. But we have from New York (Mr. ARCURI) and a The Acting CHAIR. Without objec- seen data over the last few years show- Member opposed each will control 5 tion, the gentleman from Texas is rec- ing a declining lake level. That lake minutes. ognized for 5 minutes. level has been estimated by the Army The Chair recognizes the gentleman There was no objection. from New York. Mr. HALL of Texas. I have some Corps of Engineers using projections Mr. ARCURI. Mr. Chairman, I would question about it, but I don’t think I that just last over the next 6 months. first off like to thank Chairman GOR- have a question I want to propound to Under the Kirk-Quigley amendment, DON and Ranking Member HALL for you because we have discussed it. And we would draw on the additional re- their leadership on this very important your amendment would add to the sources of the National Oceanic and bill, a bill so important to America, growing list of research outcomes, the Atmospheric Administration, which is not just America today but to the fu- improvement of understanding of com- able to project lake levels for quite a ture generations of America, to ensure peting water supply uses and how dif- bit longer than the Army Corps’ 6- that our greatest natural resource, ferent uses interact with each other month standard. that is water, of course, continues, and and impact each other. And I know you The purpose of this amendment is to that we continue to have the abun- understand that, and we’ve discussed generate more science and data about dance of it that we enjoy in this coun- it. what’s happening to the dropping lev- try. I would ask whether or not it means els of the Great Lakes. Next to me is a My amendment asks for improve- using water for irrigation is competing chart showing an environmental dis- ment of understanding of competing with industrial uses or the ecosystem aster that did not happen in the United water supply uses and how different management, like releasing large vol- States. Instead, it happened in the uses interact with and impact each umes of water from dams competing former Soviet Union, now Kazakhstan, other. with the use of water for electricity which shows the Aral Sea, a great in- b 1145 generation or recreational activities. land sea, very much like Lake Michi- And I’ve heard from many of my col- And we’ve had some of that at Lake gan, subjected to a very poorly de- leagues throughout the country and Texoma in my district. signed Stalinist irrigation plan that seen for myself firsthand in New York But as we go through and this goes drank it dry. We should never allow an the problem that occurs when different on to the Senate and we have con- environmental catastrophe like what interests begin to compete over our ference committees, and I know you’ve happened in Kazakhstan to happen in precious water resources. And when I always been willing to explain your po- the United States. say ‘‘compete,’’ obviously we have sition, and we’ll work together on that. From the data that we have, we have So I’m satisfied with the bill, and I competition for use of water through a number of causes which could poten- agriculture, through business, through would hope that we pass the bill. Mr. Chairman, I reserve the balance tially be involved in the disappearance energy production, through transpor- of my time. of the Great Lakes. One of them could tation, through business use, and obvi- Mr. ARCURI. I thank the gentleman be the declining levels of ice cover over ously, recreation and consumption and for his comments. the Great Lakes. Due to other forces, transportation as well. So there are I yield back the balance of my time. the normal coverage of ice over Lake many uses for water. Mr. HALL of Texas. I yield back the Michigan, for example, has been declin- However, the unique thing about balance of my time. ing, therefore, possibly allowing evapo- water is that not only is it renewable, The Acting CHAIR. The question is ration all year long. This declining but the water resource can be used re- on the amendment offered by the gen- level could be involved in the lowering peatedly to service several different as- tleman from New York (Mr. ARCURI). of the lake. We need more data to sup- pects of our economy and of people’s The amendment was agreed to. port that conclusion. Good data, in my needs. And I think it’s important, how- AMENDMENT NO. 7 OFFERED BY MR. KIRK view, leads to good policy. ever, that we study that and see how The Acting CHAIR. It is now in order At this stage, we do not know why different interests can interact with to consider amendment No. 7 printed in the levels of Lake Michigan are drop- each other and most efficiently use our House Report 111–82. ping. But NOAA tells us from 1972 to water resource to maximize it. Mr. KIRK. Mr. Chairman, I have an 2008 Lake Michigan ice cover has de- And I use this example. In my own amendment at the desk. clined by approximately 30 percent, or home district we have a reservoir, The Acting CHAIR. The Clerk will a drop of 7,000 square kilometers from Hinckley Reservoir, that is used for designate the amendment. 1972–1973 winter, to approximately 5,000 drinking water for about 130,000 people. The text of the amendment is as fol- square kilometers last year. This is a There is also a use of that reservoir for lows: decline of 40 percent. hydropower, and also use of that to Amendment No. 7 offered by Mr. KIRK: feed the barge canal for transportation At the end of section 2(d) of the bill, add Now the Lake Carriers Association and recreation use. And there’s often the following (with the correct sequential estimates that a 1-inch decline in disagreements and infighting in terms provision designations [replacing numbers Great Lakes waters causes the ships to of how to best utilize that. And I think currently shown for such designations]): reduce their cargo from 50 to 270 tons. we need to study that and see what is (15) Projection of long-term ice cover and This translates to 8,000 tons of lost water level outlook for major water bodies in the most efficient way that we can do cargo in the lakes each year, or equiva- the United States, including the Great lent of enough iron ore to make 6,000 it. Lakes, the potential impacts of the results of I see it again in other places like the such projections on infrastructure, and re- automobiles in the United States. Finger Lakes, where again there are source management options based on such For economic reasons, for ecological disputes between whether we use the projections. reasons, for scientific reasons, I think water in Seneca Lake for drinking pur- The Acting CHAIR. Pursuant to the Kirk-Quigley amendment should poses, for recreation or for energy pro- House Resolution 352, the gentleman pass to give further resources to look duction. So I think it’s important that from Illinois (Mr. KIRK) and a Member at this emerging trend in an ecosystem we work to make a determination how opposed each will control 5 minutes. that directly involves the future of 30 best to allow competing interests to The Chair recognizes the gentleman million Americans and many of our Ca- interact with each other to most effi- from Illinois. nadian allies.

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.023 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4707 I reserve the balance of my time. will be. And one of the first things that Mr. HALL of Texas. I have some res- Mr. GORDON of Tennessee. If the I learned when I started working on oil ervations about it, but they’re reserva- gentleman would yield, I would like to wells when I was 17 years old is that tions I think that we can work as it thank him for this amendment and sometimes when you drill a well you goes through and on through the con- offer my support and request that the get a lot of water. You have to figure ference committee. I appreciate this committee do pass this amendment. out what to do with that. Can you put amendment, and I do not object to the Mr. KIRK. I thank the gentleman. it into a stream? Do you need to re- amendment. I reserve the balance of my time. inject it into the Earth? Or can we use I reserve the balance of my time. The Acting CHAIR. Does any Member it for something else? b 1200 claim time in opposition? It’s a question as old as the oil and Mr. KIRK. On this, then, I’d like to gas industry, just as the relationship Mr. TEAGUE. I yield back the bal- close by saying that this is a bipartisan between water and energy is as old as ance of my time. amendment endorsed by the National water itself. And as we look toward Mr. HALL of Texas. I yield back the Wildlife Federation and by the Lake achieving energy independence through balance of my time. Michigan Alliance. It represents the a focus on renewable and alternative The Acting CHAIR. The question is ability of the Federal Government to energy, creating jobs, bolstering our on the amendment offered by the gen- look further into what is an evolving national security and improving our tleman from New Mexico (Mr. TEAGUE). environmental trend in a place that’s environment along the way, we are The question was taken; and the Act- home to 90 percent of America’s fresh- going to have to better understand ing Chair announced that the ayes ap- water. And with that, I would urge that important and ancient connec- peared to have it. adoption of the amendment and getting tion. Mr. TEAGUE. Mr. Chairman, I de- to work on what is happening with the My amendment ensures that the rela- mand a recorded vote. falling Great Lakes levels. tionship between renewable energy de- The Acting CHAIR. Pursuant to Mr. QUIGLEY. Mr. Chairman, I would like to velopment and water resources is es- clause 6 of rule XVIII, further pro- thank the Chairman for his good work on this tablished as a priority for Federal ceedings on the amendment offered by legislation and look forward to working with water planning, research and develop- the gentleman from New Mexico will him on this issue. ment. be postponed. I rise in strong support of the amendment Mr. Chairman, we are proponents of AMENDMENT NO. 9 OFFERED BY MR. ROSKAM from the gentleman from Illinois. wind, sun and biofuels, because they The Acting CHAIR. It is now in order The Great Lakes provide drinking water to are renewable resources. But water is to consider amendment No. 9 printed in over 40 million people and 90 percent of the not. If we draw down our aquifers to House Report 111–82. U.S. water supply. the point that they can not recover and Mr. ROSKAM. Mr. Chairman, I have Urban sprawl, air and water pollution, and tax our rivers to extinction, much of an amendment at the desk. habitat fragmentation are already stressing the American West will be unrecogniz- The Acting CHAIR. The Clerk will ecosystems of the Great Lakes region. able. That is not an option. And not designate the amendment. This amendment will ensure essential long- harnessing the abundant renewable re- The text of the amendment is as fol- term forecasting of water levels of major bod- sources we possess in places like New lows: ies of water, including the Great Lakes, in Mexico is not an option either. Amendment No. 9 offered by Mr. ROSKAM: order to develop adequate adaption and man- Research, planning and the develop- At the end of the bill, add the following agement plans. ment of new technologies will free us new section: I thank the gentleman and I urge my col- to develop energy in harmony with our SEC. 9. GAO STUDY AND EFFECTIVE DATE. (a) STUDY.—The Government Account- league to support the Kirk amendment. environments and with needed re- ability Office shall conduct a study, and pre- Mr. KIRK. I yield back the balance of sources like freshwater. pare a report, on whether the requirements my time. When we site solar farms, we need to of this Act are duplicative of existing pro- The Acting CHAIR. The question is consider not only the sun’s intensity, grams that provide for water research, devel- on the amendment offered by the gen- but the proximity and sustainability of opment, demonstration, data collection and tleman from Illinois (Mr. KIRK). needed water resources as well. dissemination, education, and technology The amendment was agreed to. When choosing a path toward the transfer activities regarding changes in water use, supply, and demand in the United AMENDMENT NO. 8 OFFERED BY MR. TEAGUE production of biofuels on a massive scale, we need to ask, what are the im- States, including an analysis of the State The Acting CHAIR. It is now in order Water Resources Research Institute Program to consider amendment No. 8 printed in plications for freshwater of developing (authorized by section 104 of the Water Re- House Report 111–82. corn-based ethanol in the Midwest sources Research Act of 1984, and organized Mr. TEAGUE. Mr. Chairman, I have versus algae-based biofuels in the as the National Institutes for Water Re- an amendment at the desk. deserts of New Mexico? sources), the United States Global Change The Acting CHAIR. The Clerk will When we consider wind, nuclear, and Research Program, and subtitle F of title IX designate the amendment. every other component of a comprehen- of the Omnibus Public Land Management The text of the amendment is as fol- sive plan to move our Nation toward Act of 2009 (Public Law 111–11). energy independence, we need to know (b) PRESIDENTIAL DETERMINATION.— lows: (1) IN GENERAL.—The President shall deter- Amendment No. 8 offered by Mr. TEAGUE: what the implications are for our pre- mine whether the contents of the report pre- Page 8, line 25, strike the period at the end cious freshwater resources. pared under subsection (a)— and insert the following: ‘‘, including anal- There’s even a biodiesel project in (A) support the implementation of sections yses of the amount, proximity, and type of my district called Cetane Energy that 1 through 8 of this Act; or water required for the production of alter- produces freshwater as part of its fuel (B) support a conclusion that such sections native and renewable energy resources.’’ production process. That adds an inter- should not take effect. The Acting CHAIR. Pursuant to esting dynamic to the water intensity (2) JUSTIFICATION.—If the President makes House Resolution 352, the gentleman of Cetane’s production and is exactly a determination under paragraph (1) that dif- fers from the recommendations of the Gov- from New Mexico (Mr. TEAGUE) and a the sort of thing that we need to better ernment Accountability Office, the Presi- Member opposed each will control 5 understand as we expand our renewable dent shall provide a justification for the dif- minutes. energy portfolio and move toward en- ference. The Chair recognizes the gentleman ergy independence. (c) EFFECTIVE DATE.—Sections 1 through 8 from New Mexico. I reserve the balance of my time. of this Act shall not take effect unless the Mr. TEAGUE. Mr. Chairman, my Mr. HALL of Texas. Mr. Chairman, I President has made an affirmative deter- amendment is about something simple, claim the time in opposition to the mination under subsection (b)(1)(A). laying yet another block in the founda- amendment, though I do not oppose it. The Acting CHAIR. Pursuant to tion on which we can achieve energy The Acting CHAIR. Without objec- House Resolution 352, the gentleman independence. tion, the gentleman from Texas is rec- from Illinois (Mr. ROSKAM) and a Mem- Personally, I am an oil man. I have ognized for 5 minutes. ber opposed each will control 5 min- always been an oil man and I always There was no objection. utes.

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.039 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4708 CONGRESSIONAL RECORD — HOUSE April 23, 2009 The Chair recognizes the gentleman would be contrary to what he wants to Mr. GORDON of Tennessee. Mr. from Illinois. accomplish. It would only slow down Chairman, let me point out that, in Mr. ROSKAM. Mr. Chairman, in a the process of this coordination and section 3, paragraph 3, part of the bill nutshell, it’s a fairly straightforward slow down the process of better uti- says, ‘‘The technical innovation activi- amendment. To briefly put it into con- lizing our resources and saving that ties to avoid duplications of effort and text, it’s trying to follow up on Presi- money. So it really is, again, with the to ensure optimum use of resources and dent Obama’s inaugural address where best of intentions, but this amend- expertise.’’ he really challenged Congress and the ment, I think, would counter that. You said a ‘‘criticism’’ of your American people to go through the Not being a member of the com- amendment. I hope you didn’t take Federal budget line by line, looking mittee, he did not have the benefit of that as a criticism. Again, I com- carefully at programs. I don’t want to the hearings that we had, of the round- pliment the thrust of your amendment, put words into the President’s mouth, table discussions that we had, of all the but we have incorporated that here. but if I were to paraphrase, I would say input that we had, and I think that’s Let me also say that there is a syn- that part of the subtext of the chal- the reason that he also might not be ergy oftentimes also with research. lenge is to look where there is possible aware of the wide endorsements of this NASA and NOAA may be working on a duplication, and that’s what this bill. This bill is endorsed by the Na- similar project, but because they’re amendment seeks to do. It respects the tional Beverage Association, the Na- working on something similar, you underlying legislation and says, well, if tional Rural Electric Cooperative Asso- wouldn’t necessarily say that it was we’re going to be doing this program— ciation, the Water Innovation Alliance, duplicative and not useful but, rather, in other words, if we’re going to be co- the Natural Resources Defense Council, that there was a synergy of working to- ordinating the Federal Government’s the Water Environmental Research gether. In our bill, we specifically say approach to water problems—then let’s Foundation, the Council of Scientific avoiding that duplication. do it in the context of clarity. Society Presidents, the Food and So, again, I think you have the best So here is what it says: We’re going Water Watch, the Water Research of intentions, and I think that we have to have an amendment, and we’re going Foundation, and the Alliance for Envi- accomplished those. For that reason, I to direct the GAO to do a study about ronmental and Clean Water Action. would have to oppose your amendment the possible duplication of programs. Again, we tried to follow his advice because it would stop us from getting In the interim, notwithstanding the and accomplish that, and I think this on to the work of saving money and of passage of the bill, it’s going to sus- bill does and has, really, wide and ac- having a program that is so important. pend the implementation date of the tive support. His amendment would There are 40 States in our Nation right program to wait until the GAO comes only stop that implementation or it now that are facing serious water back with the study. If the President would slow it down, which would cer- shortages or droughts or water prob- finds that there are duplications, he tainly be counter to his intentions. lems between now and the year 2013. can move forward and waive the under- I reserve the balance of my time. I reserve the balance of my time. lying findings, but he has got to do it Mr. ROSKAM. Well, I thank the gen- Mr. ROSKAM. Mr. Chairman, I would in a declarative way. In other words, he tleman for his comments, Mr. Chair- like to yield 1 minute to the gentleman needs to affirmatively move forward man. from Texas (Mr. HALL). and say, ‘‘Look, I’ve evaluated these I would just go to the underlying pur- Mr. HALL of Texas. Mr. Chairman, I duplications, and on balance, I think pose of the legislation, as it’s sort of rise in support of the amendment. Ac- we should do this,’’ or maybe in the al- the declared statement of the com- tually, this amendment seeks, as the ternative he’ll say, ‘‘Let’s not do it mittee, which is to improve the Fed- gentleman has expressed, to return us that particular way.’’ eral Government’s role in designing to the original purpose of the bill by fo- There are only two programs that are and in implementing Federal water re- cusing on the duplication that exists specifically cited as sort of a heads-up search, development, demonstration, among Federal agencies involved in to the GAO that they need to take a data collection and dissemination, edu- water research efforts and attempting look at. One is the U.S. Global Change cation, and technology transfer activi- to streamline these efforts. I think we Research Program, which is a current ties to address changes in the water always have to be good stewards of the program that the GAO says take a look use, supply and demand in the U.S., in- taxpayers’ dollars as we work through at or that we tell the GAO to take a cluding providing additional support to legislation up here. look at. The other is the State Water increase water supply through greater I support the amendment because I Resources Research Institute Program, efficiency and preservation. believe it’s a good amendment, and it’s which again is flagged, but notwith- There is one word that isn’t in there, looking after the taxpayers, and I urge standing that, it says to take a look at and that is the word ‘‘duplication,’’ and my colleagues to join me. the other programs that are out there. I think sometimes we all benefit from Mr. GORDON of Tennessee. I yield If there is a duplication, bubble it up to another perspective coming in. I re- back the balance of my time. the surface, and let’s make a decision Mr. ROSKAM. I yield back the bal- spect greatly the expertise of the com- from there. ance of my time. At this point, I reserve the balance of mittee, but every once in a while, The Acting CHAIR. The question is my time. there’s maybe another perspective that on the amendment offered by the gen- could come along that will say: You Mr. GORDON of Tennessee. Mr. tleman from Illinois (Mr. ROSKAM). Chairman, I claim time in opposition know what? In the great scheme of The question was taken; and the Act- to the amendment. things, the pace at which Congress is ing Chair announced that the noes ap- The Acting CHAIR. The gentleman moving and the pace at which pro- peared to have it. from Tennessee is recognized for 5 min- grams are being put in place, let’s hit Mr. ROSKAM. Mr. Chairman, I de- utes. the pause button here, and let’s have mand a recorded vote. Mr. GORDON of Tennessee. Mr. the GAO go out and really span the The Acting CHAIR. Pursuant to Chairman, I certainly appreciate the spectrum because, in the underlying clause 6 of rule XVIII, further pro- thrust of the gentleman from Illinois’ legislation, it is absolutely silent as to ceedings on the amendment offered by amendment in terms of trying to stop duplicative efforts. the gentleman from Illinois will be the duplication of programs to save So I accept the criticism at face postponed. money. We need to be doing that every value. It’s a valid argument, but I AMENDMENT NO. 10 OFFERED BY MR. day. The irony is that this is what this think that this is an improvement. It’s BLUMENAUER bill does. This bill looks at the 20 agen- not meant to be an impediment, and The Acting CHAIR. It is now in order cies that invest in water research, and clearly, it empowers the President of to consider amendment No. 10 printed it coordinates that so we can get our the United States to waive the finding. in House Report 111–82. best bang for the buck. It also helps to I think it’s a simple, straightforward Mr. BLUMENAUER. Mr. Chairman, I do away with that type of duplication. type of thing that’s in spirit with the have an amendment at the desk. So, as well-intended as the gen- inaugural statement of the President. The Acting CHAIR. The Clerk will tleman is, his amendment, I’m afraid, I reserve the balance of my time. designate the amendment.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.043 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4709 The text of the amendment is as fol- munities grow and water supplies de- to 6 percent of municipal wastewater lows: crease, they will be forced to seek al- effluent in the United States is re- Amendment No. 10 offered by Mr. ternative sources of water. In an era of claimed and beneficially used for any BLUMENAUER: climate change and water stress, water purpose. Insert after section 7 the following (and re- reuse and recycling has a great deal of In addition to enhancing water sup- designate subsequent provisions accord- potential to help alleviate pressures on plies, these technologies can help the ingly): water managers and to help commu- environment by reducing the diversion SEC. 8. WASTEWATER AND STORMWATER REUSE nities become less dependent on ground of water from sensitive ecosystems, re- TECHNOLOGY DEMONSTRATION and surface water sources. ducing nutrient and pathogen loads PROGRAM. from wastewater discharges to water- (a) IN GENERAL.—In consultation with the A demonstration program will help interagency committee, the Assistant Ad- reduce the costs of these technologies, ways and reducing pollution from ministrator for Research and Development and it will also help communities over- storm water runoff. at the Environmental Protection Agency come the technical and social barriers b 1215 shall establish a wastewater and stormwater to water reuse and recycling. So beyond research, we really need a reuse and recycling technology demonstra- I reserve the balance of my time. tion program, consistent with section 2(d)(3). coordinated program of demonstration. Mr. HALL of Texas. Mr. Chairman, I I urge my colleagues to support this (b) ACTIVITIES.—Under the program estab- claim time in opposition. Though I’m lished in subsection (a), the Assistant Ad- simple amendment to create a program ministrator shall develop and fund projects not totally opposed to it, I’d like to to pursue technology demonstration to demonstrate, evaluate, and test the tech- make a statement. projects at the building, site, neighbor- niques and technologies to reuse and recycle The Acting CHAIR. Without objec- hood, and watershed scales. stormwater and wastewater at the building, tion, the gentleman from Texas is rec- Ms. MARKEY of Colorado. Mr. Chair, I rise site, neighborhood, and watershed scales for ognized for 5 minutes. today in support of our amendment, numbered urban, industrial, agricultural, environ- There was no objection. 10, to the National Water Research and De- mental, and recreational uses as well as to Mr. HALL of Texas. Mr. Chairman, augment potable water supplies. velopment Initiative Act. it’s my understanding that the purpose In the West, and especially in the state of The Acting CHAIR. Pursuant to of the National Water Research and Colorado, water is a resource more precious House Resolution 352, the gentleman Development Initiative was to stream- than gold. For the many farmers and ranchers from Oregon (Mr. BLUMENAUER) and a line, organize and coordinate Federal in my district in Eastern Colorado, finding Member opposed each will control 5 water research and development ef- ways to reuse and conserve water in urban minutes. forts. Although I support the under- areas is a matter of survival. For them, the The Chair recognizes the gentleman lying premise of the gentleman’s idea of water recycling is not a new one. from Oregon. amendment, I think it’s duplicative of In the Rocky Mountain region, we use recy- Mr. BLUMENAUER. Mr. Chairman, I legislation we’ve already passed. cled water for everything from Public Park am pleased, along with my colleague, A little more than 2 months ago, this landscaping, commercial and industrial uses, BETSY MARKEY from Colorado, to offer body passed H.R. 631, the Water Use Ef- to fire protection. Reclaimed domestic waste- this amendment to create a wastewater ficiency and Conservation Act offered water serves as industrial water at power and storm water reuse and recycling by Mr. MATHESON of Utah under a sus- plants, helps to restore wetlands and even as- technology demonstration program pension of the rules by a voice vote. sists with dust control at construction sites— within the Environmental Protection Because this Matheson bill has not something that anyone who drives I–25 from Agency. been passed by the Senate, I think we Denver to Fort Collins on a windy day can ap- I would like to begin by expressing can work through this bill, and I with- preciate. my appreciation to Chairman GORDON hold any opposition to this amendment As communities in the West, and especially and to his staff for working with us to with the understanding that I already in Colorado’s fourth congressional district, refine the amendment. This is impor- know the gentleman, and have worked continue to grow, the issue of water conserva- tant work that’s being done. I appre- with him for a lot of years. I know we tion and reuse becomes even more urgent. ciate the debate and the energy, and we can work through any problems that Most conservative estimates tell us that Colo- are pleased to offer this small element we have with it. rado’s Front Range will face soaring water that, I think, makes a big difference. So, with that, I reserve the balance prices to pay for new water systems by the Water reuse involves taking waste- of my time. year 2058. Cities will become super dense to water or storm water, giving it the ap- Mr. BLUMENAUER. I don’t see my shrink lawns and shorten water pipelines. propriate level of treatment for its in- cosponsor here, so I’m the last speaker. As the Front Range grows along with Den- tended use and using the resulting re- I’m prepared to close if you have no ver and Colorado Springs, Colorado’s Eastern claimed or recycled water for a new, other speakers. Plains will face increasing competition for their beneficial purpose. These beneficial Mr. HALL of Texas. Mr. Chairman, I already scarce water sources. Large swaths of purposes can range from agriculture yield back the balance of my time. farmland will go dry if we don’t work to actively and landscape irrigation, to industrial Mr. BLUMENAUER. Mr. Chairman, I protect the water for our agricultural commu- processes, to toilets, to replenishing respect my good friend and colleague, nities. A whole way of life that has existed groundwater. the ranking member, and I appreciate since families first started homesteading on It’s clear that this is not necessarily what he mentioned in terms of the land in the West will disappear if we don’t find ways to reuse and recycle water. a new technology. According to the prior legislation, but I would say that For the people I represent, investing more Water Reuse Association, reclaimed was just research. resources in creating a wastewater and water has been used for crop irrigation What we’re attempting here is to be stormwater reuse and recycling technology for more than 100 years and for land- able to have demonstration projects. demonstration program within the Environ- scape irrigation for more than 70 years. The EPA has done a great deal of work mental Protection Agency is a matter of our The Earth has recycled and reused in this area in helping communities future survival. water for millions of years through the across the country undertake recycling I urge all members to support my amend- natural water cycle, but the amount of and reuse projects. What we’re doing ment to H.R. 1145. water that we reuse and recycle is just, here is having a coordinated program Mr. BLUMENAUER. I yield back the if I may use the phrase, ‘‘a drop in the in the agency rather than just a few balance of my time. bucket’’ compared to what we could be projects here or there that would allow The Acting CHAIR. The question is doing, which is why I think a new dem- the EPA to do the monitoring, evalua- on the amendment offered by the gen- onstration project is in order. tion and documentation necessary to tleman from Oregon (Mr. Across the globe, water consumption promote the new technologies nation- BLUMENAUER). has tripled in the last 50 years. Accord- wide. Reclaimed or recycled water is The amendment was agreed to. ing to the EPA, at least 36 States are highly engineered for safety. Indeed, AMENDMENT NO. 11 OFFERED BY MR. SHADEGG anticipating local, regional or State- the quality can be more predictable The Acting CHAIR. It is now in order wide water shortages by 2013 even than some existing surface and ground- to consider amendment No. 11 printed under non-drought conditions. As com- water sources. Right now, only about 5 in House Report 111–82.

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.045 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4710 CONGRESSIONAL RECORD — HOUSE April 23, 2009 Mr. SHADEGG. Mr. Chairman, I have State and local or at the tribal govern- Mr. GORDON of Tennessee. I would an amendment at the desk. ment level. Again, simple and straight- be happy to yield. The Acting CHAIR. The Clerk will forward. Mr. SHADEGG. My concern about designate the amendment. That is the essence of my entire the comments of the gentleman, I The text of the amendment is as fol- amendment. It is intended to look at would share those comments. I am con- lows: the issue of efforts at the Federal level cerned about the cost of such an effort, Amendment No. 11 offered by Mr. SHADEGG: which duplicate each other and to at but nowhere in the legislation that I Page 3, after line 17, insert the following least make a recommendation that have offered is there, in fact, a require- (and correct sequential provision designa- they be consolidated for reasons of effi- ment that all duplicative programs be tions accordingly): ciency, and to do the same with regard researched or that a certain amount be (D) identify Federal water-related re- to State, local or tribal efforts. expended to do that. search, development, and technological inno- It seems to me, Mr. Chairman, that But more importantly, in the gentle- vation activities that are duplicated by more everyone in America is currently tight- man’s remarks he’s at least twice said than one Federal agency or program and ening their belt. The least this Federal that the duplicative programs would be make recommendations to the President on Government can do is to look—and how to avoid such duplication; eliminated, and I would simply suggest Page 6, line 22, insert the following (and that’s all my legislation does is require that in the wording of the amendment correct sequential provision designations ac- the government to look if those things we offered, we make no such require- cordingly): are duplicated and eliminate that du- ment. There is no requirement, for ex- (C) identify Federal water-related re- plication where it can be done effi- ample, if there were a program being search, development, and technological inno- ciently. conducted by a tribe and also by the vation activities that are duplicative of such I reserve the balance of my time. Federal Government that it must be activities occurring at the State, local, and Mr. GORDON of Tennessee. Mr. eliminated or one that was being con- tribal government level; Chairman, I claim time in opposition Page 10, after line 5, insert the following: ducted by the State of Arizona versus to the amendment. the Federal Government, that it must (c) ELIMINATION OF DUPLICATIVE EFFORTS.— The Acting CHAIR. The gentleman be eliminated. Indeed, the language of The President, in carrying out the activities from Tennessee is recognized for 5 min- under subsections (a) and (b), shall ensure the amendment as written simply says utes. that each Federal agency participating in they are to make recommendations to the Initiative shall not request appropria- Mr. GORDON of Tennessee. I yield myself such time as I may consume. the President on how to avoid simple tions for activities identified under section recommendations on how to avoid 2(c)(2)(C). Once again, let me say to my friend from Arizona, you come at this with that. And in addition, it leaves the The Acting CHAIR. Pursuant to issue open with regard to conflicts with House Resolution 352, the gentleman the right attitude, and that’s what we’re trying to do. The purpose of this State and local implementation to sim- from Arizona (Mr. SHADEGG) and a bill is to not only do away with dupli- ply say there is, in fact, a duplication Member opposed each will control 5 cation but also to have these 20 dif- without requiring any elimination minutes. ferent agencies working in a more ef- that, for the very reasons the gen- The Chair recognizes the gentleman fective way. But let me explain, again tleman has noted, indeed, to have Ari- from Arizona. unintentionally, but the impact of zona researching water recharge and Mr. SHADEGG. Mr. Chairman, the your amendment. Florida doing it with very different sit- committee report for H.R. 1145 states Your amendment would require the uations makes all the sense in the that the purpose of the bill is to coordi- administration to determine what re- world. nate the Federal Government’s water search, development and technology in- Mr. GORDON of Tennessee. As I read programs to ensure they are conducted novation programs exist in all States, your amendment, it says the President in an ‘‘efficient and cost-efficient man- local and tribal governments. In addi- in carrying out the activities under ner.’’ There are currently over 20 Fed- tion to the 50 States, there are over 500 subsection A and B shall ensure that eral agencies carrying out research and federally recognized tribes, over 87,000 each Federal agency participating the development on water programs, not local government entities, and so com- initiative shall not request appropria- counting the State agencies that en- piling this information would be an tions for activities that are identified gage in the same kind of work or those enormous and expensive undertaking. under the section. So I think it is a at the county or local level. And the gentleman’s amendment is si- mandate. While the interagency committee is lent as to who would pay for this. In But even if it wasn’t, let’s take that directed in the bill to avoid duplication fact, the gentleman’s amendment is si- off the table. Even if it wasn’t, it still of efforts, the bill fails to take the nec- lent as to whether the State, local or requires all 50 States, 500 Federal rec- essary step to implement that direc- tribal governments would be forced to ognized tribes, and 87,000 local govern- tive. It does not in fact provide the bear some of the costs of implementing ment entities to have a census or an in- committee with explicit authorization this census. ventory. This could be an enormous ex- to recommend against the funding pro- And let me give you a couple of prac- pense. grams that are duplicated amongst dif- tical problems here. Let’s say there Again, I think we’re in sync, but let ferent Federal agencies or initiatives was a tribe somewhere that was spend- me again remind the gentleman that that are duplicated at the State level ing $1,000 working on a desalinization this bill has been well vetted and it has as well as at the Federal level. project. Well, that would preempt a been endorsed by a number of groups, My amendment is simple and Federal effort that could be much more including the National Beverage Asso- straightforward. It has simply two pro- significant and worthwhile. ciation, the National Rural Electric visions. The first says that they should Another example would be, for in- Cooperative Association, the Water In- identify Federal water-related research stance, if there was a groundwater ex- novation Alliance, the Natural Re- and development technological innova- traction issue in central Florida, might sources Defense Council, the Water and tive activities that are duplicated by be dramatically different from a Environmental Research Foundation, more than one Federal agency or pro- groundwater issue in central Arizona. the Council of Scientific Society Presi- gram and make recommendations to But if Florida has a program exam- dents, Food and Water Research Foun- the President how to avoid such dupli- ining groundwater extraction, the Fed- dation, the Alliance Environmental, cation. Simple, straightforward. Sim- eral Government would be precluded and Clean Water Action. ply says where there is duplication, from doing research which might be So I think this has been vetted. And, make a recommendation to the Presi- relevant and helpful to the people of again, I think we’re on the same wave- dent of the United States on how I central Arizona. length, but I am afraid that the gentle- might avoid that duplication. So again, I think both of us have the man’s amendment would have unin- The second says to identify Federal same objective, which is what we try to tended consequences in causing a great water-related research development accomplish in this bill. deal of expense to local governments, and technological activities that are Mr. SHADEGG. Would the gentleman State governments and entities all duplicative of those conducted at the yield? across the country.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.048 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4711 I reserve the balance of my time. that’s simply a misreading of the lan- Mr. Chairman, my amendment is Mr. SHADEGG. Could I ask how guage of the bill. very simple. It would urge the Federal much time I have remaining? I would urge my colleagues to sup- Water Research Interagency Com- The Acting CHAIR. The gentleman port this. I believe it’s a straight- mittee established under the bill to ex- from Arizona has 3 minutes, and the forward provision that would save the amine and assess the impact of Federal gentleman from Tennessee has 30 sec- taxpayers money. It is simply advisory. water research funding on helping to onds. It asks these agencies to take a look at develop the next generation of water Mr. SHADEGG. I am happy to yield 2 areas that are duplicative. I think it’s scientist engineers. minutes to the gentleman from Texas the least we can do under the cir- Quite simply, I call this amendment (Mr. HALL). cumstances. the Talent Amendment. If we want to Mr. HALL of Texas. Mr. Chairman, I I yield back. develop the best technology, and I be- rise in support of the amendment of- Mr. GORDON of Tennessee. In clos- lieve we will, we need a cadre of pre- fered by Representative SHADEGG of Ar- ing, Mr. Chairman, let me just say I pared scientists and engineers at our izona. The amendment requires the think two friends can see the same ac- Federal agencies and in the commer- interagency committee to identify cident and report it differently, both cial-user community. areas of duplication, and I don’t like trying to do their best in doing that. b 1230 that word ‘‘duplication’’ at all. And it In response to Mr. SHADEGG, first of recommends to the President ways to all, in the ‘‘shall,’’ the ‘‘shall’’ was the Without the trained scientists and avoid such duplication. The amend- President shall not spend any money engineers to do the work, it is really ment also calls on the President to en- on this project. So that means nothing difficult to envision how this impor- sure the Federal agencies do not pursue could be done there. But, again, the tant work will get done. activities already being conducted by bigger picture is we share the same ob- My district is located on Lake Michi- States, localities, and tribal units. jective, and that is to try to coordinate gan, the only Great Lake contained en- And duplication spawns red tape, and this important research to try to do it tirely within the United States of the best example of red tape I can as economically as possible. America. And my district is also home think of is Wilbur and Orville Wright’s Again, I share that view with him. to the largest academic freshwater re- first airplane was a page-and-a-half We tried to accomplish that in this search facility on the Great Lakes, the handwritten contract, and the Osprey, bill, and I am afraid that it would only Great Lakes Wisconsin Aquatic Tech- the tilt wing that is one of the most create additional expense to put so nology and Environmental Research modern airplanes today, just the paper- many—87,000 different local govern- (WATER) Institute. There is no doubt work on that weighs around 20,000 ments and agencies through this proc- in my mind that the decisions made pounds. That’s how bad red tape can ess of having to inventory whether under this Federal Water Research Ini- actually get. they are doing anything. tiative, including funding decisions, I think it’s a commonsense amend- For that reason, I oppose this amend- will play a role, whether directly or in- ment here that carries out the under- ment. directly, in developing water research- lying goal of the bill. One of the main The Acting CHAIR. The question is ers, scientists, and engineers not only purposes behind creating the inter- on the amendment offered by the gen- in the Milwaukee area, but across the agency program was to reduce duplica- tleman from Arizona (Mr. SHADEGG). Nation. tion across agencies thereby stream- The question was taken; and the Act- I think it is only common sense that lining efforts and saving taxpayers dol- ing Chair announced that the noes ap- we, as a Nation, take a look at how lars. It makes no sense in these eco- peared to have it. those funds are being used, not only to nomic times for fellow agencies to du- Mr. SHADEGG. Mr. Chairman, I de- develop the new technology and tools, plicate effort in Washington and makes mand a recorded vote. but how it is helping or can work to even less sense for them to duplicate The Acting CHAIR. Pursuant to better help train and develop the next activities already taking place in our clause 6 of rule XVIII, further pro- generation of water scientists and engi- States and local communities. ceedings on the amendment offered by neers. That is what this amendment I commend the gentleman in offering the gentleman from Arizona will be does. the amendment, and I urge its passage. postponed. Mr. Chairman, I reserve the balance Mr. SHADEGG. I yield myself the AMENDMENT NO. 12 OFFERED BY MS. MOORE OF of my time. balance of my time. WISCONSIN Mr. HALL of Texas. Mr. Chairman, I Mr. Chairman, I simply want to re- The Acting CHAIR. It is now in order claim time in opposition though I am spond to the point about the language to consider amendment No. 12 printed not opposed to the amendment. of the bill or the amendment as offered in House Report 111–82. The Acting CHAIR. Without objec- because I think there is a clear mis- Ms. MOORE of Wisconsin. Mr. Chair- tion, the gentleman from Texas is rec- understanding here. The language that man, I have an amendment at the desk. ognized for 5 minutes. was referred to, ‘‘the President shall The Acting CHAIR. The Clerk will There was no objection. not request’’ or the ‘‘President shall in- designate the amendment. Mr. HALL of Texas. Mr. Chairman, I struct the agencies participating shall The text of the amendment is as fol- rise in support of the amendment of- not request appropriations for those lows: fered by Representative MOORE of Wis- activities’’ is not applicable to the ac- Amendment No. 12 offered by Ms. MOORE of consin. This amendment requires the tual duplicative conduct. It is to the Wisconsin: interagency committee to assess the research to determine what is duplica- Page 4, line 11, strike ‘‘and’’. role of Federal water research funding Page 4, line 24, strike the period at the end in helping to develop scientists and en- tive. and insert ‘‘; and’’. There is nothing mandatory in this Page 4, after line 24, insert the following: gineers at colleges and universities. amendment. We intentionally wrote it (H) assess the role of Federal water re- One of the goals of the Water Re- to say it would be a simple rec- search funding in helping to develop the next search Initiative is to facilitate tech- ommendation of the President to generation of scientists and engineers at in- nology transfer, communication, and eliminate duplication. The prohibition stitutions of higher education. opportunities for exchange with non- is on requesting further funds to do The Acting CHAIR. Pursuant to governmental organizations, such as these activities because in the course House Resolution 352, the gentlewoman institutions of higher education. Devel- of doing the activities, we believe that from Wisconsin (Ms. MOORE) and a oping collaborative opportunities with can be done as part of the other work Member opposed each will control 5 colleges and universities will hopefully under the legislation. minutes. increase the quality of the research But just to be very clear, the ‘‘shall’’ The Chair recognizes the gentle- and development of water solutions, language does not refer to duplicative woman from Wisconsin. but also spur students to pursue efforts. The amendment does not offer Ms. MOORE of Wisconsin. Mr. Chair- science, technology, engineering, and binding language to say, if it’s duplica- man, I would like to yield myself 3 math careers, and we are very much in tive, you cannot engage in it. And minutes. favor of that.

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.050 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4712 CONGRESSIONAL RECORD — HOUSE April 23, 2009 It is vital for the future success and of life that has existed since families Barrett (SC) Donnelly (IN) Kline (MN) Barrow Doyle Kosmas competitiveness of our Nation that we first started homesteading on land in Bartlett Dreier Kratovil encourage more and more students to the West will disappear if we don’t find Barton (TX) Driehaus Kucinich pursue these exciting fields. We know ways to reuse and recycle water. Bean Duncan Lamborn that more and more nations are grad- For the people that I represent, in- Becerra Edwards (MD) Lance Berkley Edwards (TX) Langevin uating large numbers of scientists and vesting more resources in creating a Berman Ehlers Larsen (WA) engineers. If we are to remain the lead- wastewater and storm water reuse and Berry Ellison Larson (CT) er in innovation and entrepreneurial recycling technology demonstration Biggert Ellsworth Latham development, then we need to invest in program within the Environmental Bilbray Emerson LaTourette Bilirakis Engel Latta the young men and women who will de- Protection Agency is a matter of our Bishop (GA) Eshoo Lee (CA) sign and build tomorrow’s solutions. future survival. Bishop (NY) Etheridge Lee (NY) Representative MOORE’s amendment I thank Chairman GORDON for his Bishop (UT) Faleomavaega Levin simply requires that we examine how Blackburn Fallin Lewis (CA) leadership on the committee. Blumenauer Farr Lewis (GA) water research funding is helping to Mr. HALL of Texas. Mr. Chairman, I Blunt Fattah Linder meet our science and engineering edu- yield back the balance of my time. Boccieri Filner Lipinski cation needs. I support the gentlelady’s Ms. MOORE of Wisconsin. I have Boehner Flake LoBiondo intent and her amendment. Bonner Fleming Loebsack spent the last couple of Earth Days Bono Mack Forbes Lofgren, Zoe Mr. Chairman, I reserve the balance with high school students touring the Boozman Fortenberry Lowey of my time. Water Research Institute in my dis- Bordallo Foster Lucas Ms. MOORE of Wisconsin. Mr. Chair- trict, and just spending time with Boren Foxx Luetkemeyer man, I would now yield 15 seconds to Boswell Frank (MA) Luja´ n these young people, hoping that they Boucher Franks (AZ) Lummis the gentleman from Tennessee (Mr. will become our next generation of Boustany Frelinghuysen Lungren, Daniel GORDON). water scientists and engineers. Boyd Fudge E. Mr. GORDON of Tennessee. Thank Brady (PA) Gallegly Lynch I want to just end by thanking Chair- Mack you, Ms. MOORE. Brady (TX) Garrett (NJ) man GORDON and Ranking Member Braley (IA) Gerlach Maffei I want to concur with Mr. HALL’s elo- HALL for working with me on this Bright Giffords Maloney quent support of this amendment. It is amendment. Broun (GA) Gingrey (GA) Manzullo Brown (SC) Gohmert Marchant an excellent amendment; it is con- Mr. Chairman, I yield back the bal- structive, and it helps to make this bill Brown, Corrine Gonzalez Markey (CO) ance of my time. Brown-Waite, Goodlatte Markey (MA) better. I want to thank you for bring- The Acting CHAIR. The question is Ginny Gordon (TN) Marshall ing it to our attention. on the amendment offered by the gen- Buchanan Granger Massa Ms. MOORE of Wisconsin. Mr. Chair- Burgess Graves Matheson tlewoman from Wisconsin (Ms. MOORE). man, I would now yield 1 minute to the Burton (IN) Grayson Matsui The amendment was agreed to. Butterfield Green, Al McCarthy (CA) gentlelady from Colorado (Ms. MAR- Buyer Green, Gene McCarthy (NY) ANNOUNCEMENT BY THE ACTING CHAIR KEY). Calvert Griffith McCaul Ms. MARKEY of Colorado. Mr. Chair- The Acting CHAIR. Pursuant to Camp Grijalva McClintock man, I rise today in support of our clause 6 of rule XVIII, proceedings will Campbell Guthrie McCollum now resume on those amendments Cantor Gutierrez McCotter amendment to the National Resource Cao Hall (NY) McDermott Development Initiative Act. printed in House Report 111–82 on Capito Hall (TX) McGovern In the West, and especially in the which further proceedings were post- Capps Halvorson McHenry poned, in the following order: Capuano Hare McHugh State of Colorado, water is a resource Cardoza Harman McIntyre more precious than gold. For many Amendment No. 2 by Ms. KOSMAS of Carnahan Harper McKeon farmers and ranchers in my district in Florida. Carney Hastings (FL) McMahon eastern Colorado, finding ways to reuse Amendment No. 8 by Mr. TEAGUE of Carson (IN) Hastings (WA) McMorris New Mexico. Carter Heinrich Rodgers and conserve water in the urban area is Cassidy Heller McNerney a matter of survival. For them, the Amendment No. 9 by Mr. ROSKAM of Castle Hensarling Meek (FL) idea of water recycling is not a new Illinois. Castor (FL) Herger Melancon Amendment No. 11 by Mr. SHADEGG Chaffetz Herseth Sandlin Mica one. Chandler Higgins Michaud In the Rocky Mountain region, we of Arizona. Childers Hill Miller (FL) use recycled water for everything from The Chair will reduce to 5 minutes Christensen Himes Miller (MI) public park landscaping, commercial the time for any electronic vote after Clarke Hinchey Miller (NC) Clay Hinojosa Miller, Gary and industrial uses, to fire protection. the first vote in this series. Cleaver Hirono Miller, George Reclaimed domestic wastewater serves AMENDMENT NO. 2 OFFERED BY MS. KOSMAS Clyburn Hodes Minnick as industrial water at power plants, The Acting CHAIR. The unfinished Coble Hoekstra Mitchell helps restore wetlands, and even assists Coffman (CO) Holden Mollohan business is the demand for a recorded Cohen Holt Moore (KS) with dust control at construction vote on the amendment offered by the Cole Honda Moore (WI) sites—something that anyone who gentlewoman from Florida (Ms. Conaway Hoyer Moran (VA) drives I–25 from Denver to Fort Collins Connolly (VA) Hunter Murphy (CT) KOSMAS) on which further proceedings Conyers Inglis Murphy, Patrick on a windy day can appreciate. were postponed and on which the ayes Cooper Inslee Murphy, Tim As communities in the West, and es- prevailed by voice vote. Costello Issa Murtha pecially in Colorado’s Fourth Congres- The Clerk will redesignate the Courtney Jackson-Lee Myrick sional District, continue to grow, the Crenshaw (TX) Nadler (NY) amendment. Crowley Jenkins Napolitano issue of water conservation and reuse The Clerk redesignated the amend- Cuellar Johnson (GA) Neal (MA) becomes even more urgent. Most con- ment. Culberson Johnson (IL) Neugebauer servative estimates tell us that Colo- Cummings Johnson, E. B. Nunes RECORDED VOTE rado’s Front Range will face soaring Dahlkemper Johnson, Sam Nye The Acting CHAIR. A recorded vote Davis (AL) Jones Oberstar water prices to pay for new water sys- has been demanded. Davis (CA) Jordan (OH) Obey tems by the year 2058. Cities will be- Davis (IL) Kagen Olson A recorded vote was ordered. come super-dense to shrink lawns and Davis (KY) Kanjorski Olver The vote was taken by electronic de- Davis (TN) Kaptur Ortiz shorten water pipelines. vice, and there were—ayes 424, noes 0, Deal (GA) Kennedy Pallone As the Front Range grows, along DeFazio Kildee Pascrell not voting 14, as follows: with Denver and Colorado Springs, DeGette Kilpatrick (MI) Pastor (AZ) [Roll No. 200] Delahunt Kilroy Paul Colorado’s Eastern Plains will face in- DeLauro Kind Paulsen creasing competition for their already AYES—424 Dent King (IA) Payne scarce water sources. Large swaths of Abercrombie Alexander Baca Diaz-Balart, L. King (NY) Pence farmland will go dry if we don’t work Ackerman Altmire Bachmann Diaz-Balart, M. Kingston Perlmutter Aderholt Andrews Bachus Dicks Kirk Perriello to actively protect the water for our Adler (NJ) Arcuri Baird Dingell Kirkpatrick (AZ) Peters agricultural communities. A whole way Akin Austria Baldwin Doggett Kissell Peterson

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.054 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4713 Petri Sarbanes Taylor Boucher Franks (AZ) Luetkemeyer Ros-Lehtinen Shea-Porter Tierney Pierluisi Scalise Teague Boustany Frelinghuysen Luja´ n Roskam Sherman Titus Pingree (ME) Schakowsky Terry Boyd Fudge Lummis Ross Shimkus Tonko Pitts Schauer Thompson (CA) Brady (PA) Gallegly Lungren, Daniel Rothman (NJ) Shuler Tsongas Platts Schiff Thompson (MS) Brady (TX) Garrett (NJ) E. Roybal-Allard Shuster Turner Poe (TX) Schmidt Thompson (PA) Braley (IA) Gerlach Lynch Royce Simpson Upton Polis (CO) Schock Thornberry Bright Giffords Mack Ruppersberger Sires Van Hollen Pomeroy Schrader Tiahrt Broun (GA) Gingrey (GA) Maffei Rush Skelton Vela´ zquez Posey Schwartz Tiberi Brown (SC) Gohmert Maloney Ryan (OH) Slaughter Visclosky Price (GA) Scott (GA) Tierney Brown, Corrine Gonzalez Manzullo Ryan (WI) Smith (NE) Walden Price (NC) Scott (VA) Titus Sablan Smith (NJ) Brown-Waite, Goodlatte Marchant Walz Quigley Sensenbrenner Tonko Salazar Smith (WA) Ginny Gordon (TN) Markey (CO) Wamp Radanovich Serrano Tsongas Sa´ nchez, Linda Snyder Buchanan Granger Markey (MA) Waters Rahall Sessions Turner T. Souder Burgess Graves Marshall Watson Rangel Sestak Upton Sanchez, Loretta Space Burton (IN) Grayson Massa Watt Rehberg Shadegg Van Hollen Butterfield Green, Al Matheson Sarbanes Speier Reichert Shea-Porter Vela´ zquez Scalise Spratt Waxman Buyer Green, Gene Matsui Weiner Richardson Sherman Visclosky Calvert McCarthy (CA) Schakowsky Stark Griffith Welch Rodriguez Shimkus Walden Camp Grijalva McCarthy (NY) Schauer Stupak Westmoreland Roe (TN) Shuler Walz Campbell Guthrie McCaul Schiff Sutton Wexler Rogers (AL) Shuster Wamp Cantor Gutierrez McCollum Schmidt Tanner Whitfield Rogers (KY) Simpson Waters Cao Hall (NY) McCotter Schock Tauscher Wilson (OH) Rogers (MI) Sires Watson Capito Hall (TX) McDermott Schrader Taylor Wilson (SC) Rohrabacher Skelton Watt Capps Halvorson McGovern Schwartz Teague Wittman Rooney Slaughter Waxman Capuano Hare McHenry Scott (GA) Terry Wolf Ros-Lehtinen Smith (NE) Weiner Cardoza Harman McHugh Scott (VA) Thompson (CA) Woolsey Roskam Smith (NJ) Welch Carnahan Harper McIntyre Sensenbrenner Thompson (MS) Wu Ross Smith (WA) Westmoreland Carney Hastings (FL) McKeon Serrano Thompson (PA) Yarmuth Rothman (NJ) Snyder Wexler Carson (IN) Hastings (WA) McMahon Sessions Thornberry Young (AK) Roybal-Allard Souder Whitfield Carter Heinrich McMorris Sestak Tiahrt Royce Space Wilson (OH) Cassidy Heller Rodgers Shadegg Tiberi Young (FL) Ruppersberger Speier Wilson (SC) Castle Hensarling McNerney Ryan (OH) Spratt Wittman NOES—1 Castor (FL) Herger Meek (FL) Ryan (WI) Stark Wolf Chaffetz Herseth Sandlin Melancon McClintock Sablan Stupak Woolsey Chandler Higgins Mica Salazar Sullivan Wu NOT VOTING—14 Childers Hill Michaud Sa´ nchez, Linda Sutton Yarmuth Christensen Himes Miller (FL) Berman Moran (KS) Stearns T. Tanner Young (AK) Clarke Hinchey Miller (MI) Bishop (UT) Norton Sullivan Sanchez, Loretta Tauscher Young (FL) Clay Hinojosa Miller (NC) Fortenberry Putnam Towns NOT VOTING—14 Cleaver Hirono Miller, Gary Jackson (IL) Reyes Wasserman Clyburn Hodes Miller, George Meeks (NY) Smith (TX) Schultz Costa Moran (KS) Smith (TX) Coble Hoekstra Minnick Israel Norton Stearns ANNOUNCEMENT BY THE ACTING CHAIR Coffman (CO) Holden Mitchell Jackson (IL) Putnam Towns Cohen Holt Mollohan The Acting CHAIR (during the vote). Klein (FL) Reyes Wasserman Cole Honda Moore (KS) Meeks (NY) Rush Schultz There are 2 minutes remaining in this Conaway Hoyer Moore (WI) vote. Connolly (VA) Hunter Moran (VA) b 1302 Conyers Inglis Murphy (CT) Cooper Inslee Murphy, Patrick b 1312 Mr. PENCE changed his vote from Costa Israel Murphy, Tim ‘‘no’’ to ‘‘aye.’’ Costello Issa Murtha So the amendment was agreed to. So the amendment was agreed to. Courtney Jackson-Lee Myrick The result of the vote was announced Crenshaw (TX) Nadler (NY) as above recorded. The result of the vote was announced Crowley Jenkins Napolitano as above recorded. Cuellar Johnson (GA) Neal (MA) PERSONAL EXPLANATION Culberson Johnson (IL) Neugebauer Mr. STEARNS. Mr. Chairman, on rollcall AMENDMENT NO. 8 OFFERED BY MR. TEAGUE Cummings Johnson, E. B. Nunes The Acting CHAIR. The unfinished Dahlkemper Johnson, Sam Nye Nos. 200 and 201, I was unavoidably de- business is the demand for a recorded Davis (AL) Jones Oberstar tained. Had I been present, I would have Davis (CA) Jordan (OH) Obey voted ‘‘aye’’ on both. vote on the amendment offered by the Davis (IL) Kagen Olson gentleman from New Mexico (Mr. Davis (KY) Kanjorski Olver AMENDMENT NO. 9 OFFERED BY MR. ROSKAM TEAGUE) on which further proceedings Davis (TN) Kaptur Ortiz The Acting CHAIR. The unfinished were postponed and on which the ayes Deal (GA) Kennedy Pallone business is the demand for a recorded DeFazio Kildee Pascrell prevailed by voice vote. DeGette Kilpatrick (MI) Pastor (AZ) vote on the amendment offered by the The Clerk will redesignate the Delahunt Kilroy Paul gentleman from Illinois (Mr. ROSKAM) amendment. DeLauro Kind Paulsen on which further proceedings were Dent King (IA) Payne postponed and on which the noes pre- The Clerk redesignated the amend- Diaz-Balart, L. King (NY) Pence ment. Diaz-Balart, M. Kingston Perlmutter vailed by voice vote. RECORDED VOTE Dicks Kirk Perriello The Clerk will redesignate the Dingell Kirkpatrick (AZ) Peters amendment. The Acting CHAIR. A recorded vote Doggett Kissell Peterson has been demanded. Donnelly (IN) Klein (FL) Petri The Clerk redesignated the amend- A recorded vote was ordered. Doyle Kline (MN) Pierluisi ment. Dreier Kosmas Pingree (ME) RECORDED VOTE The Acting CHAIR. This is a 5- Driehaus Kratovil Pitts minute vote. Duncan Kucinich Platts The Acting CHAIR. A recorded vote The vote was taken by electronic de- Edwards (MD) Lamborn Poe (TX) has been demanded. vice, and there were—ayes 423, noes 1, Edwards (TX) Lance Polis (CO) A recorded vote was ordered. Ehlers Langevin Pomeroy not voting 14, as follows: Ellison Larsen (WA) Posey The Acting CHAIR. This is a 5- [Roll No. 201] Ellsworth Larson (CT) Price (GA) minute vote. Emerson Latham Price (NC) AYES—423 The vote was taken by electronic de- Engel LaTourette Quigley vice, and there were—ayes 194, noes 236, Abercrombie Baird Bishop (GA) Eshoo Latta Radanovich Ackerman Baldwin Bishop (NY) Etheridge Lee (CA) Rahall not voting 8, as follows: Aderholt Barrett (SC) Blackburn Faleomavaega Lee (NY) Rangel [Roll No. 202] Adler (NJ) Barrow Blumenauer Fallin Levin Rehberg Akin Bartlett Blunt Farr Lewis (CA) Reichert AYES—194 Alexander Barton (TX) Boccieri Fattah Lewis (GA) Richardson Aderholt Barrett (SC) Blunt Altmire Bean Boehner Filner Linder Rodriguez Akin Bartlett Boccieri Andrews Becerra Bonner Flake Lipinski Roe (TN) Alexander Barton (TX) Boehner Arcuri Berkley Bono Mack Fleming LoBiondo Rogers (AL) Altmire Biggert Bonner Austria Berry Boozman Forbes Loebsack Rogers (KY) Arcuri Bilbray Bono Mack Baca Biggert Bordallo Foster Lofgren, Zoe Rogers (MI) Austria Bilirakis Boozman Bachmann Bilbray Boren Foxx Lowey Rohrabacher Bachmann Bishop (UT) Boustany Bachus Bilirakis Boswell Frank (MA) Lucas Rooney Bachus Blackburn Brady (TX)

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.004 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4714 CONGRESSIONAL RECORD — HOUSE April 23, 2009 Broun (GA) Hensarling Paulsen Kosmas Neal (MA) Serrano Barrett (SC) Garrett (NJ) Neugebauer Brown (SC) Herger Pence Kratovil Nye Sestak Bartlett Gerlach Olson Brown-Waite, Hoekstra Petri Kucinich Oberstar Shea-Porter Barton (TX) Gingrey (GA) Paul Ginny Hunter Pitts Langevin Obey Sherman Biggert Gohmert Paulsen Buchanan Inglis Platts Larsen (WA) Olver Sires Bilirakis Goodlatte Pence Burgess Inslee Poe (TX) Larson (CT) Ortiz Skelton Bishop (UT) Granger Petri Burton (IN) Issa Posey Lee (CA) Pallone Slaughter Blackburn Graves Pitts Buyer Jenkins Price (GA) Levin Pascrell Smith (WA) Blunt Guthrie Platts Calvert Johnson (IL) Putnam Lewis (GA) Pastor (AZ) Snyder Boehner Hall (TX) Poe (TX) Camp Johnson, Sam Radanovich Lipinski Payne Space Bonner Hastings (WA) Posey Campbell Jones Rehberg Loebsack Perlmutter Speier Boozman Heller Price (GA) Cantor Jordan (OH) Reichert Lofgren, Zoe Perriello Spratt Boustany Hensarling Putnam Cao King (IA) Roe (TN) Lowey Peters Stark Brady (TX) Herger Radanovich ´ Capito King (NY) Rogers (AL) Lujan Peterson Stupak Broun (GA) Hoekstra Rehberg Carter Kingston Rogers (KY) Maloney Pingree (ME) Sutton Brown (SC) Hunter Reichert Markey (MA) Polis (CO) Brown-Waite, Inglis Roe (TN) Cassidy Kirk Rogers (MI) Tanner Marshall Pomeroy Ginny Issa Rogers (AL) Castle Kline (MN) Rohrabacher Tauscher Chaffetz Lamborn Massa Price (NC) Buchanan Jenkins Rogers (KY) Rooney Teague Childers Lance Matheson Quigley Burgess Johnson (IL) Rogers (MI) Ros-Lehtinen Thompson (CA) Coble Latham Matsui Rahall Burton (IN) Johnson, Sam Rooney Roskam Thompson (MS) Coffman (CO) LaTourette McCarthy (NY) Rangel Buyer Jones Ros-Lehtinen Royce Tierney Cole Latta McCollum Richardson Camp Jordan (OH) Roskam Ryan (WI) Titus Conaway Lee (NY) McDermott Rodriguez Cantor King (IA) Ryan (WI) Scalise Crenshaw Lewis (CA) McGovern Ross Tonko Capito Kingston Scalise Schmidt Cuellar Linder McIntyre Rothman (NJ) Towns Carter Kirk Schmidt Schock Culberson LoBiondo McMahon Roybal-Allard Tsongas Cassidy Kirkpatrick (AZ) Schock Schrader Dahlkemper Lucas McNerney Ruppersberger Van Hollen Castle Kline (MN) Sensenbrenner Sensenbrenner Davis (KY) Luetkemeyer Meek (FL) Rush Vela´ zquez Chaffetz Lamborn Sessions Deal (GA) Lummis Sessions Melancon Ryan (OH) Visclosky Childers Lance Shadegg Dent Lungren, Daniel Shadegg Michaud Sablan Walz Coble Latham Shimkus Diaz-Balart, L. E. Shimkus Miller (NC) Salazar Wasserman Coffman (CO) Latta Shuler Diaz-Balart, M. Lynch Shuler Miller, George Sa´ nchez, Linda Schultz Cole Lee (NY) Shuster Dreier Mack Shuster Mitchell T. Watson Conaway Linder Simpson Driehaus Maffei Simpson Mollohan Sanchez, Loretta Watt Crenshaw LoBiondo Smith (NE) Duncan Manzullo Smith (NE) Moore (KS) Sarbanes Waxman Cuellar Lucas Souder Ehlers Marchant Smith (NJ) Moore (WI) Schakowsky Weiner Culberson Luetkemeyer Stearns Emerson Markey (CO) Souder Moran (VA) Schauer Welch Davis (KY) Lummis Sullivan Fallin McCarthy (CA) Stearns Murphy (CT) Schiff Wexler Deal (GA) Mack Terry Flake McCaul Sullivan Murtha Schwartz Wilson (OH) Dent Manzullo Thompson (PA) Fleming McClintock Taylor Nadler (NY) Scott (GA) Woolsey Diaz-Balart, L. Marchant Thornberry Forbes McCotter Terry Napolitano Scott (VA) Wu Diaz-Balart, M. McCaul Tiahrt Foxx McHenry Thompson (PA) Dreier McCotter Turner Franks (AZ) McHugh Thornberry NOT VOTING—8 Duncan McHenry Upton Frelinghuysen McKeon Tiahrt Fortenberry Moran (KS) Reyes Emerson McMorris Walden Gallegly McMorris Tiberi Jackson (IL) Norton Smith (TX) Fallin Rodgers Wamp Garrett (NJ) Rodgers Turner Meeks (NY) Pierluisi Flake Mica Westmoreland Gerlach Mica Upton Fleming Miller (FL) Whitfield Gingrey (GA) Miller (FL) Walden ANNOUNCEMENT BY THE ACTING CHAIR Forbes Miller (MI) Wilson (SC) Gohmert Miller (MI) Wamp The Acting CHAIR (during the vote). Fortenberry Minnick Wittman Goodlatte Miller, Gary Waters Two minutes remain in this vote. Foxx Mitchell Wolf Granger Minnick Westmoreland Franks (AZ) Murphy, Tim Young (AK) Graves Murphy, Patrick Whitfield Frelinghuysen Myrick Young (FL) Guthrie Murphy, Tim Wilson (SC) b 1319 Hall (TX) Myrick Wittman NOES—271 Harper Neugebauer Wolf Messrs. CONYERS, RUSH and Ms. Abercrombie Cleaver Grayson Hastings (WA) Nunes Yarmuth RICHARDSON changed their vote from Ackerman Clyburn Green, Al Heinrich Olson Young (AK) ‘‘aye’’ to ‘‘no.’’ Adler (NJ) Cohen Green, Gene Heller Paul Young (FL) Altmire Connolly (VA) Griffith So the amendment was rejected. Andrews Conyers Grijalva NOES—236 The result of the vote was announced Arcuri Cooper Gutierrez Baca Costa Hall (NY) Abercrombie Cohen Grayson as above recorded. Baird Costello Halvorson Ackerman Connolly (VA) Green, Al PERSONAL EXPLANATION Baldwin Courtney Hare Adler (NJ) Conyers Green, Gene Barrow Crowley Harman Andrews Cooper Griffith Ms. NORTON. Mr. Chairman, I would have Bean Cummings Hastings (FL) Baca Costa Grijalva voted ‘‘aye’’ on rollcall 200; ‘‘aye’’ on rollcall Becerra Dahlkemper Heinrich Baird Costello Gutierrez 201; and ‘‘no’’ on rollcall 202. Berkley Davis (AL) Herseth Sandlin Baldwin Courtney Hall (NY) Berman Davis (CA) Higgins Barrow Crowley Halvorson AMENDMENT NO. 11 OFFERED BY MR. SHADEGG Berry Davis (IL) Hill Bean Cummings Hare The Acting CHAIR. The unfinished Bilbray Davis (TN) Himes Becerra Davis (AL) Harman business is the demand for a recorded Bishop (GA) DeFazio Hinchey Berkley Davis (CA) Hastings (FL) Bishop (NY) DeGette Hinojosa Berman Davis (IL) Herseth Sandlin vote on the amendment offered by the Blumenauer Delahunt Hirono Berry Davis (TN) Higgins gentleman from Arizona (Mr. SHADEGG) Boccieri DeLauro Hodes Bishop (GA) DeFazio Hill on which further proceedings were Bono Mack Dicks Holden Bishop (NY) DeGette Himes postponed and on which the noes pre- Bordallo Dingell Holt Blumenauer Delahunt Hinchey Boren Doggett Honda Bordallo DeLauro Hinojosa vailed by voice vote. Boswell Donnelly (IN) Hoyer Boren Dicks Hirono The Clerk will redesignate the Boucher Doyle Inslee Boswell Dingell Hodes amendment. Boyd Driehaus Israel Boucher Doggett Holden Brady (PA) Edwards (MD) Jackson-Lee Boyd Donnelly (IN) Holt The Clerk redesignated the amend- Braley (IA) Edwards (TX) (TX) Brady (PA) Doyle Honda ment. Bright Ehlers Johnson (GA) Braley (IA) Edwards (MD) Hoyer RECORDED VOTE Brown, Corrine Ellison Johnson, E. B. Bright Edwards (TX) Israel Butterfield Ellsworth Kagen Brown, Corrine Ellison Jackson-Lee The Acting CHAIR. A recorded vote Calvert Engel Kanjorski Butterfield Ellsworth (TX) has been demanded. Campbell Eshoo Kaptur Capps Engel Johnson (GA) A recorded vote was ordered. Cao Etheridge Kennedy Capuano Eshoo Johnson, E. B. Capps Faleomavaega Kildee Cardoza Etheridge Kagen The Acting CHAIR. This will be a 5- Capuano Farr Kilpatrick (MI) Carnahan Faleomavaega Kanjorski minute vote. Cardoza Fattah Kilroy Carney Farr Kaptur The vote was taken by electronic de- Carnahan Filner Kind Carson (IN) Fattah Kennedy vice, and there were—ayes 160, noes 271, Carney Foster King (NY) Castor (FL) Filner Kildee Carson (IN) Frank (MA) Kissell Chandler Foster Kilpatrick (MI) not voting 7, as follows: Castor (FL) Fudge Klein (FL) Christensen Frank (MA) Kilroy [Roll No. 203] Chandler Gallegly Kosmas Clarke Fudge Kind Christensen Giffords Kratovil Clay Giffords Kirkpatrick (AZ) AYES—160 Clarke Gonzalez Kucinich Cleaver Gonzalez Kissell Aderholt Alexander Bachmann Clay Gordon (TN) Langevin Clyburn Gordon (TN) Klein (FL) Akin Austria Bachus

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.011 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4715 Larsen (WA) Nadler (NY) Scott (GA) ported from the Committee of the In January of 2008, I testified before Larson (CT) Napolitano Scott (VA) Whole? If not, the question is on the the Water and Power Subcommittee Lee (CA) Neal (MA) Serrano Levin Norton Sestak amendment. and asked that the Democrats that Lewis (CA) Nunes Shea-Porter The amendment was agreed to. controlled Congress overturn a court- Lewis (GA) Nye Sherman The SPEAKER pro tempore. The imposed, man-made drought in Cali- Lipinski Oberstar Sires question is on the engrossment and fornia. Loebsack Obey Skelton Lofgren, Zoe Olver Slaughter third reading of the bill. In February, and again in June of Lowey Ortiz Smith (NJ) The bill was ordered to be engrossed 2008, I asked the Governor and Interior Luja´ n Pallone Smith (WA) and read a third time, and was read the Secretary to declare states of emer- Lungren, Daniel Pascrell Snyder third time. gency and focus State and Federal re- E. Pastor (AZ) Space MOTION TO RECOMMIT sources to develop new water supplies Lynch Payne Speier Maffei Perlmutter Spratt Mr. NUNES. Mr. Speaker, I have a to avoid this economic disaster. Maloney Perriello Stark motion to recommit. In July of 2008, I again returned to Markey (CO) Peters Stupak Markey (MA) Peterson The SPEAKER pro tempore. Is the the Water and Power Subcommittee to Sutton Marshall Pierluisi gentleman opposed to the bill? testify about the unfolding disaster Tanner Massa Pingree (ME) Mr. NUNES. I am in its current form. Tauscher and pleaded that the committee take Matheson Polis (CO) Taylor The SPEAKER pro tempore. The action to increase the water supply. Matsui Pomeroy Clerk will report the motion to recom- McCarthy (CA) Price (NC) Teague Despite my pleas, this Congress and McCarthy (NY) Quigley Thompson (CA) mit. our President have done nothing. McClintock Rahall Thompson (MS) The Clerk read as follows: Unemployment in the San Joaquin McCollum Rangel Tierney Titus Mr. Nunes moves to recommit the bill H.R. Valley now averages close to 20 per- McDermott Richardson 1145 to the Committee on Science and Tech- McGovern Rodriguez Tonko cent, with some communities nearing McHugh Rohrabacher Towns nology with instructions to report the same 50 percent. An economic disaster is not McIntyre Ross Tsongas back to the House forthwith with the fol- looming for the people of the San Joa- Van Hollen lowing amendment: McKeon Rothman (NJ) quin Valley, it is here, and it is here as McMahon Roybal-Allard Vela´ zquez At the end of the bill, add the following McNerney Royce Visclosky new section: a direct result of government action, Meek (FL) Ruppersberger Walz SEC. lll. REPORTS TO CONGRESS. namely, the use of precious water re- Wasserman Meeks (NY) Rush (a) REPORT ON BARRIERS.—Not later than 90 sources in an attempt to value fish Schultz Melancon Ryan (OH) days after the date of enactment of this Act, Michaud Sablan Waters over families. Miller (NC) Salazar Watson the President shall submit to Congress a re- There is a solution to the poverty Miller, Gary Sa´ nchez, Linda Watt port that— and economic havoc confronting the Miller, George T. Waxman (1) identifies from each agency on the San Joaquin Valley, but it doesn’t Mollohan Sanchez, Loretta Weiner interagency committee established under Moore (KS) Sarbanes Welch come from a new study of an old prob- section 2(b) the statutory or regulatory bar- lem. Relief won’t come from a long- Moore (WI) Schakowsky Wexler riers— Wilson (OH) Moran (VA) Schauer (A) that prevent the use of technology, winded stump speech, a chant at a Murphy (CT) Schiff Woolsey water rally, or an impassioned speech Murphy, Patrick Schrader Wu technique, data collection method, or model Murtha Schwartz Yarmuth considered under this Act; and on this floor. It has to come through (B) that, due to such barrier to using such legislative action by this body. NOT VOTING—7 technology, technique, method, or model, I have introduced a ‘‘no cost’’ bill Harper Moran (KS) Tiberi contribute to the loss of jobs in rural or agri- that would provide immediate relief to Jackson (IL) Reyes cultural economies dependent on the greater LaTourette Smith (TX) suffering Californians. And just last availability of water resources in the United week, Secretary of the Interior Salazar ANNOUNCEMENT BY THE ACTING CHAIR States; announced $260 million of stimulus (2) identifies the long-term consequences The Acting CHAIR (during the vote). money to address the crisis in Cali- Two minutes remain in this vote. on job losses of such barriers that continue to be in effect; and fornia. But not $1 came to mitigate the b 1332 (3) recommends steps to remove such bar- effects of the southern San Joaquin Valley. Mr. GUTIERREZ changed his vote riers. (b) REPORT ON IMPACTS.—Not later than 90 My colleagues on the other side of from ‘‘aye’’ to ‘‘no.’’ days after the date of enactment of this Act, the aisle should be outraged. They ex- So the amendment was rejected. the President shall submit to Congress a re- pressed outrage for the last adminis- The result of the vote was announced port that— tration’s alleged failure to deal with as above recorded. (1) identifies the economic impacts of the consequences of Hurricane Katrina, The Acting CHAIR. The question is water diversions for water supply, conserva- tion for fish species (including the Delta but they have said nothing about the on the committee amendment in the current administration’s failure to un- nature of a substitute, as amended. smelt), and water quality impairment in the San Joaquin Valley of California; and dertake a single act to address this on- The committee amendment in the (2) recommends steps to mitigate such eco- going disaster. nature of a substitute, as amended, was nomic impacts to preserve the water-depend- The folks in the San Joaquin Valley agreed to. ent rural economy. have had to resort to finding assistance The Acting CHAIR. Under the rule, Mr. NUNES (during the reading). Mr. from food banks. I’d like to draw your the Committee rises. Speaker, I would like to ask unani- attention to this picture here. Kristian Accordingly, the Committee rose; mous consent that we suspend the Reyes, age 3, and his brother, Kelvin and the Speaker pro tempore (Mr. reading. Reyes, age 5, were turned away from a SERRANO) having assumed the chair, The SPEAKER pro tempore. Is there local food bank just recently. Addition- Mr. SALAZAR, Acting Chair of the Com- objection to the request of the gen- ally, there was an additional 50 fami- mittee of the Whole House on the State tleman from California? lies that were turned away that day. of the Union, reported that that Com- There was no objection. Let me make it clear. We’re not ask- mittee, having had under consideration The SPEAKER pro tempore. The gen- ing for a $1 billion bailout. We’re not the bill (H.R. 1145) to implement a Na- tleman from California is recognized even asking for $1. All we need is this tional Water Research and Develop- for 5 minutes. Congress to move emergency legisla- ment Initiative, and for other purposes, Mr. NUNES. Mr. Speaker, to put it tion that would allow the delta pumps pursuant to House Resolution 352, he bluntly, the people of the San Joaquin to return to historic export levels. reported the bill back to the House Valley are experiencing an economic Unfortunately, the underlying bill with an amendment adopted by the disaster, the scope of which is unprece- does nothing to resolve this crisis. Committee of the Whole. dented. In fact, it has surpassed the Therefore, the Republicans have had to The SPEAKER pro tempore. Under worst levels of the Great Depression. resort to offering a motion to recom- the rule, the previous question is or- Indeed, over the past 2 years, I have mit that directs the President to ac- dered. pleaded with this body and State offi- count for the economic impacts of cut- Is a separate vote demanded on any cials and my colleagues here in Con- ting off water to families and dedi- amendment to the amendment re- gress to avoid this man-made disaster. cating this precious resource to a 3-

VerDate Nov 24 2008 00:54 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.013 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4716 CONGRESSIONAL RECORD — HOUSE April 23, 2009 inch minnow called the Delta Smelt already unemployed thousands of fish- toolbox. We can recite our version of that I want to draw your attention to. ermen, thousands of shoreside busi- past history. I have differences with This is absolutely ridiculous. This is a nesses. We’ve spent hundreds of mil- my colleague Congressman MILLER on national disgrace when the bread- lions of dollars in disaster relief be- a number of those issues. I have dif- basket of the world cannot even feed cause this system does not have ferences with a number of my col- the people that live and work there. enough water in it. In fact, what has leagues from California who have tried When a government is unable to pro- happened over the last several years is to bring consensus together and who vide citizens access to a reliable water more water was taken illegally from are under difficult circumstances to supply, the government has failed. We the northern areas. balance the needs for farmers, the need to be part of the solution, not the He says that the Secretary an- needs for urban water use and to re- problem. nounced nothing to help the people in store the environment. It’s time to stop valuing fish over the central valley. Finally, after years I want to thank the chairman for families. Pass this motion to recom- of discussion, we were able to fund the adopting this amendment, and I want mit, and send a message to the people in-delta barriers that we think will re- to thank my colleague for offering it. of the San Joaquin Valley that, at a lease additional water, protect the fish, The SPEAKER pro tempore. Without minimum, you are willing to own up to and allow us to use the delta more effi- objection, the previous question is or- the problem that this Congress has cre- ciently. dered on the motion to recommit. Finally, after years of discussion, we ated. There was no objection. put the money into the removal of the With that, Mr. Speaker, I yield back The SPEAKER pro tempore. The dam in Mr. HERGER’s district that will the balance of my time. question is on the motion to recommit. Mr. GORDON of Tennessee. Mr. benefit downstream users. The question was taken; and the Speaker, I rise in opposition to this Finally, after many, many years of Speaker pro tempore announced that motion; although I do not oppose the asking for water recycling, water the ayes appeared to have it. motion. reuse, $126 million was put in for the The SPEAKER pro tempore. Without cities in Southern California so they RECORDED VOTE objection, the gentleman from Ten- can start the process of recycling, Mr. NUNES. Mr. Speaker, I demand a nessee is recognized for 5 minutes. reusing water and taking the pressure recorded vote. There was no objection. off the central valley farmers, taking A recorded vote was ordered. Mr. GORDON of Tennessee. First of the pressure off of the delta areas. Pursuant to clause 8 and clause 9 of all, let me thank the gentleman from That’s the kind of coordinated activ- rule XX, this 15-minute vote on the California (Mr. NUNES) for his interest ity that has finally begun under the motion to recommit H.R. 1145 will be in this bill. And let me also point out, Obama administration. It simply didn’t followed by 5-minute votes on passage I don’t know whether he saw this happen under the previous administra- of H.R. 1145, if ordered, and suspension morning in one of the major news- tion. There were no new water recy- of the rules with regard to H.R. 1139. papers, the headline was ‘‘Drought cling projects of any significance. The vote was taken by electronic de- Conditions Hit California Earlier Than There was a fooling around with the vice, and there were—ayes 392, noes 28, Usual.’’ Certainly California has a science. We’ve lost months during this not voting 12, as follows: problem. But not only California, but drought of going back and trying to redo the science. [Roll No. 204] 40 States by the Year 2013 are going to AYES—392 be experiencing droughts and other We saw what happened when Klam- problems with water. That’s why this ath decided he knew more about the Abercrombie Burgess DeLauro science than the people on the Klamath Ackerman Burton (IN) Dent bill is so very important. Aderholt Butterfield Diaz-Balart, L. Now, the gentleman from California, River and the fish and wildlife agen- Adler (NJ) Buyer Diaz-Balart, M. not being a member of our committee, cies. We had the largest salmon kill in Akin Calvert Dicks Alexander Camp Doggett understandably, probably doesn’t real- the history of the West Coast, and you ended up spending hundreds of millions Andrews Campbell Donnelly (IN) ize how we work in a collaborative, bi- Arcuri Cantor Doyle partisan fashion, and how that, during of dollars to help out farmers, to help Austria Cao Dreier out fishermen, to help out small busi- Baca Capito Driehaus the hearing of this bill, Mr. ROHR- nesses all over Northern California, Or- Bachmann Capps Duncan ABACHER, also from California, pre- Bachus Capuano Edwards (TX) sented an amendment almost identical egon and Washington. Baird Cardoza Ehlers We will accept this amendment, but to this, and it was accepted unani- Barrett (SC) Carnahan Ellison we won’t accept the recitation of his- Barrow Carney Ellsworth mously by our committee. Addition- tory. Bartlett Carter Emerson ally, there are other ongoing studies. Mr. GORDON of Tennessee. Mr. Barton (TX) Cassidy Eshoo But I do clearly agree that this is an Bean Castle Etheridge Speaker, I reclaim my time. issue of concern. And I think putting Becerra Castor (FL) Fallin Mr. Speaker, I yield to the gentleman Berkley Chaffetz Farr an exclamation point is perfectly fine. from California (Mr. COSTA). Berman Chandler Filner And for that reason, we will accept this Mr. COSTA. Mr. Speaker and Mem- Berry Childers Flake amendment or, rather, this motion to Biggert Cleaver Fleming bers, welcome to the world of water in Bilbray Clyburn Forbes recommit to reinforce the amendment California. This is a very serious issue. Bilirakis Coble Fortenberry that Mr. ROHRABACHER already has put Sadly, it has been a confrontational Bishop (GA) Coffman (CO) Foster in and is part of the text of this amend- Bishop (NY) Cohen Foxx issue for more decades than I would Bishop (UT) Cole Frank (MA) ment. care to describe to you, but I am Blackburn Conaway Franks (AZ) I yield to the gentleman from Cali- pleased that the gentleman from Cali- Blumenauer Connolly (VA) Frelinghuysen fornia. fornia offered the amendment. And I Blunt Cooper Fudge Mr. GEORGE MILLER of California. Boccieri Costa Gallegly want to thank Chairman GORDON for Boehner Costello Garrett (NJ) I thank the gentleman for yielding, and accepting the amendment because it Bono Mack Courtney Gerlach I agree with his decision to accept this does underline the serious nature of Boozman Crenshaw Giffords amendment. drought conditions, not just in Cali- Boren Crowley Gingrey (GA) I just want to say that it’s not as Boswell Cuellar Gohmert fornia. We had them in Georgia just re- Boucher Culberson Gonzalez easy as my colleague from California cently in the last 2 years. The fact is Boustany Cummings Goodlatte has suggested. This is a long, statewide that water in our country and water Boyd Dahlkemper Gordon (TN) Brady (PA) Davis (AL) Granger water system that serves many dif- around the world is one of the most ferent interests. You can turn on the Brady (TX) Davis (CA) Graves precious resources that we have, and Bright Davis (IL) Grayson pumps as he says. The pumps are on. that’s why this bill is important. Broun (GA) Davis (KY) Green, Al You can send more water to the central Brown (SC) Davis (TN) Griffith valley and move the unemployment to b 1345 Brown, Corrine Deal (GA) Grijalva Brown-Waite, DeFazio Guthrie the farmers in the delta region, to the That’s why we need to use all the Ginny DeGette Gutierrez farmworkers in the delta region. We’ve water management tools in our water Buchanan Delahunt Hall (NY)

VerDate Nov 24 2008 01:01 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.065 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4717 Hall (TX) Matsui Roskam NOT VOTING—12 mous consent to waive the reading of Halvorson McCarthy (CA) Ross Bonner Jackson (IL) Smith (TX) the amendment. Hare McCarthy (NY) Rothman (NJ) Engel Moran (KS) Wasserman Harman McCaul Roybal-Allard The SPEAKER pro tempore. Is there Green, Gene Reyes Schultz Hastings (FL) McClintock Royce Harper Scott (VA) objection to the request of the gen- Heinrich McCollum Ruppersberger Hastings (WA) Slaughter tleman from Tennessee? Heller McCotter Rush There was no objection. Hensarling McDermott Ryan (OH) b 1404 The SPEAKER pro tempore. The Herger McGovern Ryan (WI) Ms. VELA´ ZQUEZ and Ms. KIL- Herseth Sandlin McHenry Salazar question is on the amendment. Higgins McHugh Sa´ nchez, Linda PATRICK of Michigan changed their The amendment was agreed to. Hill McIntyre T. vote from ‘‘aye’’ to ‘‘no.’’ The SPEAKER pro tempore. The Himes McKeon Sanchez, Loretta Mr. WELCH and Ms. MCCOLLUM question is on the engrossment and Hinojosa McMahon Sarbanes changed their vote from ‘‘no’’ to ‘‘aye.’’ third reading of the bill. Hodes McMorris Scalise So the motion to recommit was Hoekstra Rodgers The bill was ordered to be engrossed Schauer agreed to. Holden McNerney Schiff and read a third time, and was read the Meek (FL) The result of the vote was announced Hoyer Schmidt third time. Hunter Meeks (NY) Schock as above recorded. Inglis Melancon Schrader Stated for: The SPEAKER pro tempore. The Inslee Mica Schwartz Ms. SLAUGHTER. Mr. Speaker, on rollcall question is on the passage of the bill. Israel Michaud Scott (GA) No. 204, had I been present, I would have The question was taken; and the Issa Miller (FL) Sensenbrenner Jackson-Lee Miller (NC) voted ‘‘aye.’’ Speaker pro tempore announced that Serrano the ayes appeared to have it. (TX) Miller, Gary Sessions Mr. SCOTT of Virginia. Mr. Speaker, on roll- Jenkins Miller, George Sestak call No. 204, I was unavoidably detained. Had Mr. GORDON of Tennessee. Mr. Johnson (GA) Minnick Shadegg Speaker, on that I demand the yeas Johnson (IL) I been present, I would have voted ‘‘aye.’’ Mitchell Shea-Porter Johnson, E. B. Mollohan Mr. GENE GREEN of Texas. Mr. Speaker, and nays. Sherman Johnson, Sam Moore (KS) on rollcall No. 204, had I been present, I The yeas and nays were ordered. Shimkus Jones Moore (WI) Shuler would have voted ‘‘aye.’’ The SPEAKER pro tempore. This Jordan (OH) Moran (VA) Shuster Mr. BONNER. Mr. Speaker, on rollcall No. will be a 5-minute vote. Kagen Murphy (CT) Simpson The vote was taken by electronic de- Kanjorski Murphy, Patrick 204, I was unavoidably detained due to com- Sires Kaptur Murphy, Tim mittee meeting. Had I been present, I would vice, and there were—yeas 413, nays 10, Skelton Kennedy Murtha have voted ‘‘aye.’’ not voting 9, as follows: Smith (NE) Kildee Myrick Smith (NJ) Mr. HASTINGS of Washington. Mr. Speak- [Roll No. 205] Kilroy Napolitano Smith (WA) er, on rollcall No. 204, I was unavoidably de- Kind Neal (MA) YEAS—413 Snyder King (IA) Neugebauer tained. Had I been present, I would have Abercrombie Capito Ellsworth Souder King (NY) Nunes voted ‘‘aye.’’ Ackerman Capps Emerson Space Kingston Nye Mr. GORDON of Tennessee. Mr. Aderholt Capuano Engel Kirk Oberstar Speier Adler (NJ) Cardoza Eshoo Spratt Speaker, pursuant to the instructions Kirkpatrick (AZ) Obey of the House on the motion to recom- Akin Carnahan Etheridge Kissell Olson Stearns Alexander Carney Fallin Klein (FL) Olver Stupak mit, I report the bill, H.R. 1145, back to Altmire Carson (IN) Farr Kline (MN) Ortiz Sullivan the House with an amendment. Andrews Carter Fattah Kosmas Pallone Sutton The SPEAKER pro tempore. The Arcuri Cassidy Filner Kratovil Pascrell Tanner Austria Castle Fleming Tauscher Clerk will report the amendment. Baca Castor (FL) Forbes Lamborn Pastor (AZ) The Clerk read as follows: Lance Paul Taylor Bachmann Chaffetz Fortenberry Bachus Chandler Langevin Paulsen Teague Amendment offered by Mr. GORDON of Ten- Foster Baldwin Childers Frank (MA) Larsen (WA) Payne Terry nessee: Barrett (SC) Clarke Frelinghuysen Larson (CT) Pence Thompson (CA) At the end of the bill, add the following Barrow Clay Fudge Latham Perlmutter Thompson (MS) new section: Bartlett Cleaver Gallegly LaTourette Perriello Thompson (PA) SEC. lll. REPORTS TO CONGRESS. Barton (TX) Clyburn Gerlach Peters Thornberry Latta (a) REPORT ON BARRIERS.—Not later than 90 Bean Coble Giffords Tiahrt Lee (NY) Peterson days after the date of enactment of this Act, Becerra Coffman (CO) Gingrey (GA) Tiberi Levin Petri the President shall submit to Congress a re- Berkley Cohen Gohmert Lewis (CA) Pingree (ME) Tierney Berman Cole Gonzalez Lewis (GA) Pitts Titus port that— (1) identifies from each agency on the Berry Conaway Goodlatte Linder Platts Tonko Biggert Connolly (VA) Gordon (TN) Lipinski Poe (TX) Towns interagency committee established under Bilbray Conyers Granger LoBiondo Polis (CO) Turner section 2(b) the statutory or regulatory bar- Bilirakis Cooper Graves Loebsack Pomeroy Upton riers— Bishop (GA) Costa Grayson Lofgren, Zoe Posey Van Hollen (A) that prevent the use of technology, Bishop (NY) Costello Green, Al Lowey Price (GA) Visclosky technique, data collection method, or model Bishop (UT) Courtney Green, Gene Lucas Price (NC) Walden considered under this Act; and Blackburn Crenshaw Griffith Luetkemeyer Putnam Walz (B) that, due to such barrier to using such Blumenauer Crowley Grijalva Luja´ n Quigley Wamp Blunt Cuellar Guthrie Lummis Radanovich technology, technique, method, or model, Boccieri Cummings Gutierrez Watt contribute to the loss of jobs in rural or agri- Lungren, Daniel Rahall Weiner Bonner Dahlkemper Hall (NY) cultural economies dependent on the greater E. Rangel Welch Bono Mack Davis (AL) Hall (TX) Lynch Rehberg Westmoreland availability of water resources in the United Boozman Davis (CA) Halvorson Boren Davis (IL) Hare Mack Reichert Wexler States; Boswell Davis (KY) Harman Maffei Richardson Whitfield (2) identifies the long-term consequences Boucher Davis (TN) Hastings (FL) Maloney Rodriguez Wilson (OH) on job losses of such barriers that continue Manzullo Roe (TN) Boustany Deal (GA) Hastings (WA) Wilson (SC) to be in effect; and Marchant Rogers (AL) Boyd DeFazio Heinrich Wittman (3) recommends steps to remove such bar- Markey (CO) Rogers (KY) Brady (PA) DeGette Heller Wolf Markey (MA) Rogers (MI) riers. Brady (TX) Delahunt Herger Yarmuth Marshall Rohrabacher (b) REPORT ON IMPACTS.—Not later than 90 Braley (IA) DeLauro Herseth Sandlin Young (AK) Massa Rooney days after the date of enactment of this Act, Bright Dent Higgins Young (FL) Matheson Ros-Lehtinen the President shall submit to Congress a re- Brown (SC) Diaz-Balart, L. Hill port that— Brown, Corrine Diaz-Balart, M. Himes NOES—28 (1) identifies the economic impacts of Brown-Waite, Dicks Hinchey Ginny Dingell Hinojosa Altmire Hinchey Stark water diversions for water supply, conserva- Buchanan Doggett Hirono Baldwin Hirono Tsongas tion for fish species (including the Delta Burgess Donnelly (IN) Hodes Braley (IA) Holt Vela´ zquez smelt), and water quality impairment in the Burton (IN) Doyle Hoekstra Carson (IN) Honda Waters San Joaquin Valley of California; and Butterfield Dreier Holden Clarke Kilpatrick (MI) Watson (2) recommends steps to mitigate such eco- Buyer Driehaus Holt Clay Kucinich Waxman nomic impacts to preserve the water-depend- Calvert Duncan Honda Conyers Lee (CA) Woolsey ent rural economy. Camp Edwards (MD) Hoyer Dingell Miller (MI) Wu Campbell Edwards (TX) Hunter Edwards (MD) Nadler (NY) Mr. GORDON from Tennessee (during Cantor Ehlers Inglis Fattah Schakowsky the reading). Mr. Speaker, I ask unani- Cao Ellison Inslee

VerDate Nov 24 2008 01:01 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.019 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4718 CONGRESSIONAL RECORD — HOUSE April 23, 2009 Israel McNerney Scalise A motion to reconsider was laid on Meeks (NY) Reichert Spratt Issa Meek (FL) Schakowsky the table. Melancon Richardson Stearns Jackson-Lee Meeks (NY) Schauer Mica Rodriguez Stupak (TX) Melancon Schiff f Michaud Roe (TN) Sutton Jenkins Mica Schmidt Miller (MI) Rogers (AL) Tanner Johnson (GA) Michaud Schock COPS IMPROVEMENTS ACT OF 2009 Miller (NC) Rogers (KY) Tauscher Johnson (IL) Miller (FL) Schrader Miller, George Rogers (MI) Taylor Johnson, E. B. Miller (NC) Schwartz The SPEAKER pro tempore. The un- Minnick Rooney Teague Johnson, Sam Miller, Gary Mitchell Ros-Lehtinen Scott (GA) finished business is the vote on the mo- Terry Jones Miller, George Mollohan Roskam Scott (VA) Thompson (CA) Jordan (OH) Minnick Sensenbrenner tion to suspend the rules and pass the Moore (KS) Ross Thompson (MS) Kagen Mitchell Serrano bill, H.R. 1139, as amended, on which Moore (WI) Rothman (NJ) Thompson (PA) Kanjorski Mollohan Sessions Moran (VA) Roybal-Allard the yeas and nays were ordered. Tiahrt Kaptur Moore (KS) Sestak Murphy (CT) Ruppersberger The Clerk read the title of the bill. Tiberi Kennedy Moore (WI) Shea-Porter Murphy, Patrick Rush Tierney Kildee Moran (VA) Sherman The SPEAKER pro tempore. The Murphy, Tim Ryan (OH) Kilpatrick (MI) Murphy (CT) Shimkus question is on the motion offered by Murtha Salazar Titus Kilroy Murphy, Patrick Shuler the gentleman from New York (Mr. Nadler (NY) Sa´ nchez, Linda Tonko Kind Murphy, Tim Napolitano T. Towns Shuster WEINER) that the House suspend the King (IA) Murtha Simpson Neal (MA) Sanchez, Loretta Tsongas King (NY) Myrick Sires rules and pass the bill, H.R. 1139, as Nye Sarbanes Turner Kingston Nadler (NY) Skelton amended. Oberstar Scalise Upton Kirk Napolitano Slaughter This will be a 5-minute vote. Obey Schakowsky Van Hollen Kirkpatrick (AZ) Neal (MA) Olver Schauer Vela´ zquez Smith (NE) The vote was taken by electronic de- Kissell Neugebauer Smith (NJ) Ortiz Schiff Visclosky Klein (FL) Nunes Smith (WA) vice, and there were—yeas 342, nays 78, Pallone Schmidt Walden Kline (MN) Nye Snyder not voting 12, as follows: Pascrell Schock Walz Kosmas Oberstar Pastor (AZ) Schrader Wamp Souder [Roll No. 206] Kratovil Obey Space Paulsen Schwartz Wasserman Kucinich Olson Speier YEAS—342 Payne Scott (GA) Schultz Lamborn Olver Spratt Perlmutter Scott (VA) Waters Lance Ortiz Abercrombie Cuellar Holt Perriello Serrano Stark Watson Langevin Pallone Ackerman Cummings Honda Peters Sestak Stearns Watt Larsen (WA) Pascrell Aderholt Dahlkemper Hoyer Peterson Shea-Porter Stupak Waxman Larson (CT) Pastor (AZ) Adler (NJ) Davis (AL) Hunter Petri Sherman Sullivan Weiner Latham Paulsen Alexander Davis (CA) Inslee Pingree (ME) Shuler Sutton LaTourette Payne Altmire Davis (IL) Israel Platts Shuster Welch Tanner Latta Pence Andrews Davis (KY) Jackson-Lee Poe (TX) Simpson Wexler Tauscher Lee (CA) Perlmutter Arcuri Davis (TN) (TX) Polis (CO) Sires Whitfield Taylor Lee (NY) Perriello Austria DeFazio Johnson (GA) Pomeroy Skelton Wilson (OH) Teague Levin Peters Baca DeGette Johnson (IL) Posey Slaughter Wittman Terry Lewis (CA) Peterson Baird Delahunt Johnson, E. B. Price (NC) Smith (NJ) Wolf Lewis (GA) Petri Thompson (CA) Baldwin DeLauro Jones Putnam Smith (WA) Woolsey Lipinski Pingree (ME) Thompson (MS) Barrow Dent Kagen Quigley Snyder Wu LoBiondo Pitts Thompson (PA) Barton (TX) Diaz-Balart, L. Kanjorski Rahall Souder Yarmuth Loebsack Platts Thornberry Bean Diaz-Balart, M. Kaptur Rangel Space Young (AK) Lofgren, Zoe Polis (CO) Tiahrt Becerra Dicks Kennedy Rehberg Speier Young (FL) Lowey Pomeroy Tiberi Berkley Dingell Kildee Lucas Posey Tierney Berman Doggett Kilpatrick (MI) NAYS—78 Titus Berry Luetkemeyer Price (GA) Donnelly (IN) Kilroy Akin Fallin McCarthy (CA) Tonko Biggert Driehaus Kind Luja´ n Price (NC) Bachmann Flake McClintock Towns Bilbray Edwards (MD) King (NY) Lummis Putnam Bachus Foxx McHenry Tsongas Bilirakis Edwards (TX) Kingston Lungren, Daniel Quigley Barrett (SC) Franks (AZ) McKeon Bishop (GA) E. Radanovich Turner Ellison Kirk Bartlett Gallegly Bishop (NY) Miller (FL) Lynch Rahall Upton Ellsworth Kirkpatrick (AZ) Bishop (UT) Garrett (NJ) Blumenauer Miller, Gary Mack Rangel Van Hollen Emerson Kissell Blackburn Gohmert ´ Boccieri Myrick Maffei Rehberg Velazquez Engel Klein (FL) Blunt Goodlatte Bonner Neugebauer Maloney Reichert Visclosky Eshoo Kosmas Brady (TX) Granger Bono Mack Nunes Manzullo Richardson Walden Etheridge Kratovil Broun (GA) Hastings (WA) Boozman Olson Marchant Rodriguez Walz Farr Kucinich Brown (SC) Hensarling Boren Paul Markey (CO) Roe (TN) Wamp Fattah Lance Brown-Waite, Herger Boswell Pence Markey (MA) Rogers (AL) Wasserman Filner Langevin Ginny Inglis Boucher Pitts Marshall Rogers (KY) Schultz Fleming Larsen (WA) Burton (IN) Issa Boustany Price (GA) Massa Rogers (MI) Waters Forbes Larson (CT) Buyer Jenkins Boyd Matheson Rohrabacher Watson Fortenberry Latham Camp Johnson, Sam Radanovich Brady (PA) Matsui Rooney Watt Foster LaTourette Campbell Jordan (OH) Rohrabacher Braley (IA) McCarthy (CA) Ros-Lehtinen Waxman Frank (MA) Latta Cantor King (IA) Royce Bright McCarthy (NY) Roskam Weiner Frelinghuysen Lee (CA) Carter Kline (MN) Ryan (WI) Brown, Corrine McCaul Ross Welch Fudge Lee (NY) Coble Lamborn Sensenbrenner Buchanan McClintock Rothman (NJ) Westmoreland Gerlach Levin Cole Lucas Sessions Burgess McCollum Roybal-Allard Wexler Giffords Lewis (CA) Conaway Lummis Shadegg Butterfield McCotter Royce Whitfield Gingrey (GA) Lewis (GA) Culberson Lungren, Daniel Smith (NE) Calvert McDermott Ruppersberger Wilson (OH) Gonzalez Lipinski Deal (GA) E. Sullivan Cao McGovern Rush Wilson (SC) Gordon (TN) LoBiondo Dreier Mack Thornberry Capito McHenry Ryan (OH) Wittman Graves Loebsack Duncan Manzullo Westmoreland Capps McHugh Ryan (WI) Wolf Grayson Lofgren, Zoe Ehlers Marchant Wilson (SC) McIntyre Salazar Woolsey Capuano Green, Al Lowey McKeon Sa´ nchez, Linda Wu Cardoza Green, Gene Luetkemeyer NOT VOTING—12 Carnahan Griffith Luja´ n McMahon T. Yarmuth Boehner Jackson (IL) Reyes Carney Grijalva Lynch McMorris Sanchez, Loretta Young (AK) Clyburn Linder Shimkus Carson (IN) Guthrie Maloney Rodgers Sarbanes Young (FL) Doyle Maffei Smith (TX) Cassidy Gutierrez Markey (CO) Harper Moran (KS) Stark NAYS—10 Castle Hall (NY) Markey (MA) Castor (FL) Hall (TX) Marshall Broun (GA) Franks (AZ) Poe (TX) Chaffetz Halvorson Massa Culberson Garrett (NJ) Shadegg b 1422 Chandler Hare Matheson Flake Hensarling Childers Harman Matsui Foxx Miller (MI) Mr. RYAN of Wisconsin changed his Clarke Hastings (FL) McCarthy (NY) vote from ‘‘yea’’ to ‘‘nay.’’ NOT VOTING—9 Clay Heinrich McCaul Cleaver Heller McCollum Mr. COFFMAN of Colorado changed Baird Jackson (IL) Paul Coffman (CO) Herseth Sandlin McCotter his vote from ‘‘nay’’ to ‘‘yea.’’ Boehner Linder Reyes Cohen Higgins McDermott So (two-thirds being in the affirma- Harper Moran (KS) Smith (TX) Connolly (VA) Hill McGovern Conyers Himes McHugh tive) the rules were suspended and the bill, as amended, was passed. 1413 Cooper Hinchey McIntyre b Costa Hinojosa McMahon The result of the vote was announced So the bill was passed. Costello Hirono McMorris as above recorded. Courtney Hodes Rodgers The result of the vote was announced Crenshaw Hoekstra McNerney A motion to reconsider was laid on as above recorded. Crowley Holden Meek (FL) the table.

VerDate Nov 24 2008 01:01 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A23AP7.021 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4719 PRIVILEGED REPORT ON RESOLU- discussed on the floor of the House, There was no objection. TION OF INQUIRY TO SEC- that requires the President to establish Mr. GOHMERT. Thank you, Madam RETARY OF THE TREASURY an agency that addresses the question Speaker, and I would yield my minute to my friend from Louisiana. Mr. FRANK of Massachusetts, from of the increasing lack of water re- sources in the United States of Amer- Mr. CAO. Thank you very much. the Committee on Financial Services, We must remember who we represent submitted a privileged report (Rept. ica. In the recognition of Earth Day that occurred yesterday, where we are as Members of Congress—the average No. 111–84) on the resolution (H. Res. looking to green our country and green American whose language does not re- 251) directing the Secretary of the this Earth, we also must ensure that flect the extremes, but who simply Treasury to transmit to the House of we have the water that is necessary for asks, how will I pay my bills? How can Representatives all information in his this Nation. I raise my children to be successful and possession relating to specific commu- I will introduce a water bill that will moral citizens? And how can I worship nications with American International also take into consideration the lack of and express freely my religious faith? Group, Inc. (AIG), which was referred water around the world. I am also very Our public policy today, depending to the House Calendar and ordered to much appreciative of the language in on who is in power, tends to reflect a be printed. the bill that looks at questions of areas limited political agenda, which gets f that have had disasters, such as my the country in trouble in one manner area in Houston, and homes that have or another. While history is our men- AUTHORIZING THE CLERK TO suffered from flooding, such as the tor, we must look at the state of our MAKE CORRECTIONS IN EN- White Oak area in Houston. Nation today and address our shared GROSSMENT OF H.R. 1145, NA- This is a good step. We need an ex- problems through the cumulative TIONAL WATER RESEARCH AND panded water bill to help all of the knowledge we have acquired as we con- DEVELOPMENT INITIATIVE ACT world. And certainly we need to pay tinue to progress and evolve as a Na- OF 2009 tribute to the concept of greening this tion. Mr. GORDON of Tennessee. Mr. Earth and protecting this Earth—its Neither liberals nor conservatives Speaker, I ask unanimous consent that water resources and its green re- can relive their past. We, as a gov- the Clerk be authorized to make tech- sources—to make this a better place erning body, must use all of our knowl- nical corrections in the engrossment of for all of us to live. edge and tools that we have to address H.R. 1145, including corrections in f the problems of a dynamic and evolv- ing national or global society in the spelling, punctuation, section and title CONGRESS MUST COME TOGETHER numbering, cross-referencing, con- appropriate way and to the appropriate forming amendments to the table of (Mr. CAO asked and was given per- degree. This, of course, requires a deli- contents and short titles, and the in- mission to address the House for 1 cate balancing act where all Members sertion of appropriate headings. minute.) of Congress are invited to the discus- Mr. CAO. Madam Speaker, I come be- The SPEAKER pro tempore. Is there sion table—and not as liberals or con- fore the House today to express the objection to the request of the gen- servatives, but as problem solvers views of a freshman Congressman tleman from Tennessee? there to address the human needs of whose knowledge and experience of the the average American. There was no objection. workings of Capitol Hill have spanned f a little more than 3 months. f ANNOUNCEMENT BY THE SPEAKER While I am greatly honored to be a NATIONAL DAY OF SILENCE PRO TEMPORE Member of this governing body and (Mr. FARR asked and was given per- cherish the friendship and support I mission to address the House for 1 The SPEAKER pro tempore. Pursu- have received from my colleagues, I ant to clause 8 of rule XX, proceedings minute.) would like to use this forum to express Mr. FARR. Madam Speaker, I rise will resume on the following motion to a concern: how we operate as a gov- today in observance of National Day of suspend the rules previously postponed. erning body. Silence. f Aristotle said, ‘‘Virtue is the mean Last Friday, April 17, marked the between two extremes.’’ This definition 13th annual National Day of Silence, a NATIONAL REHABILITATION of virtuous state of character was ap- COUNSELORS APPRECIATION DAY day where students throughout the propriate over 2,000 years ago, and it country follow in the footsteps of the The SPEAKER pro tempore. The un- continues to be true today. great civil rights advocates like Ma- Virtuous character, properly exer- finished business is the question on hatma Gandhi and spend the day in cised, is to react to circumstances in suspending the rules and agreeing to civil disobedience. These students re- the appropriate way and to the appro- the resolution, H. Res. 247. main silent for one day to bring atten- The Clerk read the title of the resolu- priate degree. I believe that we, as Members of Congress, must govern tion to and highlight the discrimina- tion. tion some of their peers endure by The SPEAKER pro tempore. The from a political spectrum that reso- nates the mean, and not the two ex- speaking out about sexual orientation question is on the motion offered by and their personal gender identity. the gentleman from New York (Mr. tremes. What are these two extremes? Left- When asked to explain why they will TONKO) that the House suspend the wing liberalism, whose governing participate in a National Day of Si- rules and agree to the resolution, H. lence, some of the young people in my Res. 247. stance simply focuses on the imme- diate, with little attention to moral district said, ‘‘We stand up and stand The question was taken; and (two- implications and burdens on future out by not speaking out on that day.’’ thirds being in the affirmative) the generations, and right-wing conserv- The Day of Silence is a day to ac- rules were suspended and the resolu- atism, whose rhetoric seeks to inflame knowledge the roads already traveled tion was agreed to. rather than inform. and the ones soon to be traveled to A motion to reconsider was laid on The future of America is too impor- show how far we have come and how the table. tant for this body to be embattled and much further we have to go. The Day f impeded by radical ideologies and po- of Silence brings attention to the op- pression that queer youth face from WATER RESOURCES IN AMERICA litical maneuvering. The SPEAKER pro tempore (Ms. their peers and their classroom, and is (Ms. JACKSON-LEE of Texas asked FUDGE). The time of the gentleman has a reminder that we still have much and was given permission to address expired. work to do. the House for 1 minute and to revise Mr. GOHMERT. Madam Speaker, I I commend all my constituents who and extend her remarks.) rise to address the House for 1 minute. observe the Day of Silence. Though the Ms. JACKSON-LEE of Texas. Madam The SPEAKER pro tempore. Without nationally observed Day of Silence has Speaker, today I rise to add my sup- objection, the gentleman from Texas is passed this year, I would ask my col- port to H.R. 1145, the bill that we just recognized for 1 minute. leagues to take a moment of silence

VerDate Nov 24 2008 01:01 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.079 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4720 CONGRESSIONAL RECORD — HOUSE April 23, 2009 today to reflect what we can do for our security and peace first. When asked I bring this attention to the House LGBT youth to make their lives better, what were the biggest health care and today and to you, Madam Speaker, be- to make their schools safer, and to end education problems, women over- cause all of these casualties, all of discrimination. whelmingly pointed to insufficient re- these troops that engaged in that bat- f sources and funding. It’s clear that the tle were Americans and we should not mothers, Madam Speaker, in Afghani- forget that. And that is why we have b 1430 stan want all that mothers want the Battle of the Wilderness battlefield ADJOURNMENT TO MONDAY, around the world: to provide for the today. About 900,000 Americans a year APRIL 27, 2009 basic needs of their families. They go to this battlefield in Orange County, want their children to be well. They Virginia. Ms. WOOLSEY. Madam Speaker, I want their children to be well fed, well But now we have a problem. The cor- ask unanimous consent that when the educated, and safe. poration called Wal-Mart wants to House adjourns today, it adjourn to While I remain concerned about the build a Wal-Mart on this sacred, hal- meet at 12:30 p.m. on Monday next for increase in our military presence, I am lowed ground. morning-hour debate. hopeful that the administration’s dip- I have a map of the Wilderness bat- The SPEAKER pro tempore. Is there lomatic surge can help the people of tlefield. It’s outlined here. But you see objection to the request of the gentle- Afghanistan, particularly the women. right up here in the northeastern por- woman from California? Along with our international partners, tion where this X is, that’s where Wal- There was no objection. we must work to address the pressing Mart wants to profit from these 900,000 f immediate needs of all Afghanis. people coming into Orange County SPECIAL ORDERS Madam Speaker, the use of smart every year. They have the legal right. power in the place of military force The county fathers have said they can The SPEAKER pro tempore. Under will send a clear message that the build in this location. But we would the Speaker’s announced policy of Jan- United States promotes diplomacy and hope that Wal-Mart would change their uary 6, 2009, and under a previous order humanitarian relief over war. mind. And I say ‘‘we’’ because Mr. of the House, the following Members f WELCH, the good man from Vermont, will be recognized for 5 minutes each. and I have written Wal-Mart and we f THE BATTLE OF THE WILDERNESS have asked them to do the right thing VERSUS WAL-MART THE WOMEN OF AFGHANISTAN and locate this Wal-Mart 3 miles away The SPEAKER pro tempore. Under a from the battlefield. The SPEAKER pro tempore. Under a previous order of the House, the gen- Now, Madam Speaker, I’m not sure previous order of the House, the gentle- tleman from Texas (Mr. POE) is recog- what Wal-Mart’s intentions are, but I woman from California (Ms. WOOLSEY) nized for 5 minutes. can tell you their corporate model is recognized for 5 minutes. Mr. POE of Texas. Madam Speaker, it down in Texas. They build a Wal-Mart. Ms. WOOLSEY. Madam Speaker, I does us well to remember our American They build it from property line to applaud the Obama administration for history. property line. They lay that asphalt. focusing on the human face of our Af- Over 145 years ago, this country was They build one of those beautiful ghanistan policy. Rather than going engaged in a great Civil War, from the stores, and a few years later, they with a policy based on military might North and from the South. And during abandon that property and move down alone, the administration is supporting that war between the States, several the road and build another Wal-Mart. I an expansion of the surge of diplomats, battles took place not far from this don’t know if that’s their plan here or of development officials, of humani- Capital. One took place over in Orange not, but be that as it may, they should tarian needs and experts. County, Virginia. It’s called the Battle not build this Wal-Mart in this loca- The economic, political, and social of the Wilderness. It had the sixth tion. needs are great in Afghanistan. A re- highest number of casualties on both We’ve written Wal-Mart. We have re- cent report released by Women for sides during that conflict. ceived no written response from them. Women International found a ‘‘bleak Just to put it in perspective, it oc- Military historians from all over the and frightening picture for life’’ in Af- curred on May 5 through May 7 in 1864, world have asked Wal-Mart don’t build ghanistan. According to reports, 145 years ago. There were 160,000 troops on this battlefield because that’s a part Madam Speaker, 80 percent of Afghan involved in that battle: 100,000 from the of American history. So far they con- women are affected by domestic vio- North, 60,000 from the South. That’s tinue to deal with this and say they’re lence, over 60 percent of marriages are the number of troops today we have in going to. forced, and half of all girls are married all of Iraq and all of Afghanistan put I support property rights. I support before the age of 16. Despite this focus together. During that 3-day battle, the idea of a corporation making on the needs of women and girls in Af- 29,000 casualties: 18,000 from the Union, money. No question about it. They now ghanistan, the situation remains grim. 8,000 from the Confederates. have the legal right to move here. But Like many women in conflict, the The battle was so fierce, Madam now they need to make the American drive for security and stability remains Speaker, that in the wilderness, the decision to do what’s best for America strong among the women in Afghani- woods, where this battle took place and not what’s best for this corpora- stan. Despite the fact that Afghan during those 3 days, it was so heated, tion. women are more likely to be impover- literally, that the woods caught on fire Madam Speaker, this land, like other ished, uneducated, and excluded from and many soldiers from the North and battlefields in our country, is con- health service than men, polls indicate from the South that were wounded secrated with the blood of Americans; that Afghan women are optimistic burned to death. Two of the States had 29,000. Many are still buried there and about their future. Like women every- the highest casualties, one in the known only to God. And we owe them where, they want to play a role in deci- North and one in the South. The high- the right to keep this battlefield pre- sion making at every single level of so- est in the North was from Vermont. served for history and not to have a ciety. The Vermonters sustained 78 percent corporation like Wal-Mart come in and Through the recent poll by Women casualties. In the South the Texas Bri- lay asphalt over their graves. for Women International, the voice of gade sustained over 60 percent casual- So we are asking Wal-Mart to do the the Afghan woman can be heard. When ties. On the first day of the battle, the right thing. Put your Wal-Mart some- asked what the biggest problem is that Union troops were able to move the where else, 3 miles down the road, so they face in daily life, the top response Southern troops back. The second day that this battlefield can be preserved was lack of important commodities. General Robert E. Lee sent the Texas for American history. Again, it’s the basics, food and sup- troops in the middle, and he said that Madam Speaker, I will include in the plies, that Afghan women want for Texans always moved them. Be that as RECORD a letter that Congressman their families. When asked what the it may, the casualties were high on from Vermont and I have government should fix, they answered both sides. sent to Wal-Mart.

VerDate Nov 24 2008 01:01 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.080 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4721 Madam Speaker, it is our hope and tleman from Pennsylvania (Mr. DENT) hereafter in the Extensions of Re- our desire that we as Americans pre- is recognized for 5 minutes. marks.) serve the heritage of this country, save Mr. DENT. Madam Speaker, I rise f this sacred land, and have corporations today to recognize St. Luke’s Hospital The SPEAKER pro tempore. Under a do the right thing, not only don’t build School of Nursing on the auspicious oc- previous order of the House, the gen- here but maybe donate some of their casion of the 125th anniversary of its tleman from Connecticut (Mr. MURPHY) corporate money to save this land. founding. For well over a century, St. is recognized for 5 minutes. And that’s just the way it is. Luke’s has provided hands-on, quality (Mr. MURPHY of Connecticut ad- WASHINGTON, DC, February 25, 2009. training to professionals entering the dressed the House. His remarks will ap- MICHAEL T. DUKE, world of medicine. President and Chief Executive Officer, Wal- pear hereafter in the Extensions of Re- Mart Stores, Inc., 702 SW 8th Street, On October 17, 1884, St. Luke’s Hos- marks.) pital School of Nursing opened its Bentonville, AR. f doors to its first class of individuals DEAR MR. DUKE: We write to you with pro- The SPEAKER pro tempore. Under a found disappointment in your company’s de- eager and dedicated to caring for the cision to locate a new store near The Wilder- wellness of others. At the time when previous order of the House, the gen- ness battlefield in Virginia and urge your the school was founded, only a handful tleman from Kansas (Mr. MORAN) is immediate reconsideration. of similar institutions existed in the recognized for 5 minutes. While we may represent different political (Mr. MORAN of Kansas addressed the parties and states on opposing sides of the United States, placing St. Luke’s at the cutting edge of health care train- House. His remarks will appear here- Civil War, we stand united in our support of after in the Extensions of Remarks.) respecting hallowed ground such as The Wil- ing. As the country’s oldest hospital- derness battlefield. The Wilderness, as well based school of nursing in continuous f as other battlegrounds throughout the operation, St. Luke’s continues a well- The SPEAKER pro tempore. Under a United States, represents the great struggles established tradition of excellence that previous order of the House, the gen- and sacrifices our soldiers made to defend began 125 years ago. tleman from Arizona (Mr. FLAKE) is freedoms they cherished deeply enough to recognized for 5 minutes. risk their lives. Four thousand men on both The impact that St. Luke’s Hospital sides died and twenty thousand were wound- School of Nursing has had on American (Mr. FLAKE addressed the House. His ed during this battle in the spring of 1864. life is pronounced. During America’s remarks will appear hereafter in the These lands and lands near them should al- greatest time of need, the school pro- Extensions of Remarks.) ways be spared from commercial develop- vided education and training for the f ment. Further, the Civil War Sites Advisory U.S. Cadet Nurse Corps, giving brave The SPEAKER pro tempore. Under a Commission, formed by Congress to protect young women the skills they needed to previous order of the House, the gen- the historical significance of our nation’s provide medical assistance to Amer- Civil War sites, has defined your proposed tleman from California (Mr. SCHIFF) is land for development as part of The Wilder- ican and Allied troops in World War II. recognized for 5 minutes. ness battlefield. When the United States suffered a na- (Mr. SCHIFF addressed the House. There are countless other locations your tional shortage of nurses in the late His remarks will appear hereafter in company could consider for a more respon- 1960s, again St. Luke’s answered its Na- the Extensions of Remarks.) sibly sited development in this region. We tion’s call by hiring a recruitment di- feel the definition of corporate responsibility f rector to actively work towards at- The SPEAKER pro tempore. Under a must always extend to respecting storied tracting qualified individuals to the lands and respecting a community’s natural previous order of the House, the gen- landscape and surroundings when choosing a nursing profession. tleman from North Carolina (Mr. St. Luke’s has consistently promoted site for a store. Those values should not be MCHENRY) is recognized for 5 minutes. the virtues of selflessness and caring eroded for the sake of commercial gain. (Mr. MCHENRY addressed the House. We urge you to listen to feedback you’ve for others. Year after year the School His remarks will appear hereafter in received from groups close to The Wilderness of Nursing provides training to nearly the Extensions of Remarks.) battlefield and others who care deeply about 100 nurses, a profession that is widely keeping this nation’s history and lands pre- needed yet often underappreciated. The f served and look elsewhere for development. hard work, dedication, and caring of The SPEAKER pro tempore. Under a We look forward to your response. previous order of the House, the gen- Sincerely, nurses trained by St. Luke’s are a tleman from California (Mr. HUNTER) is TED POE, great asset to the high quality of care Member of Congress, enjoyed by patients in America’s hos- recognized for 5 minutes. Texas. pitals. (Mr. HUNTER addressed the House. PETER WELCH, Madam Speaker, in closing, I would His remarks will appear hereafter in Member of Congress, like to extend my congratulations and the Extensions of Remarks.) Vermont. heartfelt thanks to St. Luke’s as well f f as its tremendous faculty, staff, stu- The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a dents, and alumni that have carried on previous order of the House, the gen- previous order of the House, the gen- the school’s proud legacy. May St. tleman from Indiana (Mr. SOUDER) is tleman from Oregon (Mr. DEFAZIO) is Luke’s Hospital School of Nursing’s recognized for 5 minutes. recognized for 5 minutes. next 125 years be as benevolent and in- (Mr. SOUDER addressed the House. (Mr. DEFAZIO addressed the House. spiring as the last. His remarks will appear hereafter in His remarks will appear hereafter in the Extensions of Remarks.) the Extensions of Remarks.) f f 1445 f b The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a previous order of the House, the gen- previous order of the House, the gen- previous order of the House, the gen- tleman from Texas (Mr. NEUGEBAUER) tleman from North Carolina (Mr. tleman from Kentucky (Mr. YARMUTH) is recognized for 5 minutes. JONES) is recognized for 5 minutes. is recognized for 5 minutes. (Mr. NEUGEBAUER addressed the (Mr. JONES addressed the House. His (Mr. YARMUTH addressed the House. House. His remarks will appear here- remarks will appear hereafter in the His remarks will appear hereafter in after in the Extensions of Remarks.) Extensions of Remarks.) the Extensions of Remarks.) f f f The SPEAKER pro tempore. Under a RECOGNIZING ST. LUKE’S HOS- The SPEAKER pro tempore. Under a previous order of the House, the gen- PITAL SCHOOL OF NURSING ON previous order of the House, the gen- tleman from Louisiana (Mr. CAO) is THE 125TH ANNIVERSARY OF ITS tleman from Indiana (Mr. BURTON) is recognized for 5 minutes. FOUNDING recognized for 5 minutes. (Mr. CAO addressed the House. His The SPEAKER pro tempore. Under a (Mr. BURTON of Indiana addressed remarks will appear hereafter in the previous order of the House, the gen- the House. His remarks will appear Extensions of Remarks.)

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.082 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4722 CONGRESSIONAL RECORD — HOUSE April 23, 2009 NOBODY FAVORS HATE CRIMES Well, some judge will do the right the American people like what we are The SPEAKER pro tempore. Under a thing that a judge is supposed to do promising to work on. previous order of the House, the gen- and say, hmm, sexual orientation, it Tonight, we are going to talk about tleman from Texas (Mr. GOHMERT) is means what it says. It’s however you our Earth, I believe. Thank you for recognized for 5 minutes. are oriented sexually. If that’s towards bringing that to us. Mr. GOHMERT. Madam Speaker, yes- child—and the diagnostics statistics But also thank you for recognizing terday and today in the full Judiciary manual has about 30 different types of my, I believe, 309 5-minute speeches on Committee we have been taking up a sexual orientation. So that includes the floor regarding Iraq and peace in bill called, by most people, the hate voyeurism, it includes the pedophilia, general, and Afghanistan, now that we crimes act. It sounds like something it includes things like exhibitionism. It are looking like we don’t know when that everybody would be for. You includes necrophilia for corpses and all we are going to get out of there. know, who favors hate? Nobody. Per- these horrible things. We can talk about saving the Earth, haps the only kind of hate we should be But even under this law, since exhibi- but if we destroy it with war, then we in favor of is the hatred with which we tionists are not excluded—and I have won’t have an Earth to save. So thank hate hate. But that’s not what it’s had women tell me they have had peo- you for doing this tonight. about. It is about creating new law, ple flash themselves, men flash them- Mr. ELLISON. Thank you. Let me new crimes that are duplicates of selves, and they immediately reacted just say that you are right. And I do what’s in every State in the Union. and hit them with a purse. want to commend you, I don’t know if Now, there are 45 States that already Under that scenario, under this law, anyone has a longer running number of have hate crimes bills, but even there, the exhibitionist committed a mis- 5-minute speeches on any issue than most are unnecessary. The case that demeanor and the woman that hit him you do, so I am proud to know that the you often hear that is a reason we need with her purse committed a new Fed- longest-running series of 5-minute hate crimes is the James Byrd case, eral felony under the hate crimes law. speeches is on the subject of peace, is where this poor gentleman, African- That is absurd. We don’t need this on the subject of Iraq, and is by a dedi- American, was dragged to death. law. There is no reason for it. We even cated and progressive leader such as Now, I would be in favor of allowing tried to include in here specifically the yourself. the victim’s family to pick the terrain kinds of churches that were invaded Madam Speaker, we want to welcome and the manner of dragging the defend- and attacked for supporting the Cali- folks to The Progressive Message and ants once they are convicted, but fornia marriage amendment, and that let people know that they can always that’s not allowed. The death penalty was voted down on a straight party plug into the Progressive Caucus. The amendment was even voted down. line. There should be no special classes. e-mail address is cpc.grijalva.house.gov So there’s no enhancements, nothing And the other thing here that would where people, I hope, will commu- that would affect the poster cases that silence Christian ministers and eventu- nicate. It’s very important that we are constantly raised as a reason to ally rabbis or imams from quoting the stay in touch and that this is The Pro- have the hate crime laws. And, in fact, Bible, the Tanach or Koran where it gressive Message. when we hear over and over there’s condemns homosexuality, because Tonight, you are right, the subject is these epidemics of hate crimes that we under this bill if a minister, a rabbi, clean energy jobs and our Earth. Let’s have to stop, actually, there were near- imam quotes from those scriptures and start out with just a few basics. ly a million assaults in America in The progressive energy policy, global 2007; 242 assaults included some kind of says homosexuality is an aberration— or whatever language they use, that it climate change and green jobs, has to bodily injury in which there was some be made up of a few essential compo- motive attributed to bias or hatred be- is wrong, it hurts society—and some nents. The fact is that U.S. energy pol- cause of a selected group, 242. nut hears them and goes out, commits icy is everyone’s business. Again, there was a killing of a poor a crime of violence, then under 18 U.S. energy policy touches nearly young man named Nicholas West, U.S.C. (2)(a) they could be arrested, every aspect of American life, our killed because he was a homosexual. charged as a principal. homes, our natural environment and, His perpetrators were not charged This was a bad bill, and it was a bad under a hate crimes law, they were day for the law. most importantly, our economy and charged under a capital murder law for f the Earth itself. Last year Americans spent $400 bil- kidnapping. And they have already got THE PROGRESSIVE MESSAGE the death penalty, just like the worst lion buying oil outside of the United two perpetrators in James Byrd’s situ- The SPEAKER pro tempore. Under States. This is a tremendous expendi- ation. So what is this about? Well, per- the Speaker’s announced policy of Jan- ture on our economy and sends dollars haps it’s about trying to create a spe- uary 6, 2009, the gentleman from Min- outside of our economy. And that cial class of protected people who nesota (Mr. ELLISON) is recognized for means that last year American fami- maybe shouldn’t have protection. 60 minutes as the designee of the ma- lies spent about $3,000 apiece on fossil One of the last amendments we made jority leader. fuels that contribute to the disastrous today was going to—at least in this Mr. ELLISON. I am here with the changes in our global climate. definition the term ‘‘sexual orienta- Progressive Caucus, that caucus that I think it’s important to point out tion’’ is included. We kept trying to brings to the people of the United that we are here now, we are approach- confine it to things that were not just States every week a progressive vision ing the first 100 days of the new admin- an aberration, and even the amend- for America. istration. Haven’t been here long, but ment to at least exclude pedophiles I am very honored to be joined by our we have been here strong. There is no from the protected class was voted Chair tonight, the only one who con- doubt that energy policy will be a down on a strict party line. tinues to fight week in week out every major component of the next 2 years, Every Democrat there voted to pro- day for peace in our world who has the and it’s critical to point out that the tect pedophiles and every Republican longest running record of 5-minute Democratic Caucus and the Progressive voted to exclude them, at least, from speeches for peace, LYNN WOOLSEY. Caucus are here to lead the way on this the definition of sexual orientation. We Let me yield to the gentlelady for a discussion. were told, well, there is a definition in welcome this evening. I would like to stay positive, but we one of the other laws about sexual ori- Ms. WOOLSEY. Thank you, Mr. have to make sure that we have a good entation, and it confined it to hetero- ELLISON, for your great leadership on record, and the record requires that we sexuality and homosexuality. The Progressive Message, which is the revisit some of the things that have It’s not in this law. It’s not there. message of average, normal American been proposed over the last 8 years There is no reference to another law. people, and we know it. And we are that have not been so good. So as a former appellate judge I would proud to speak it, because there is One, the Republican plan has not be left in reviewing the law to say well, nothing like the issues that we stand been a good plan. This plan, people con- what is the plain meaning? You can for with the Progressive Caucus, our tend, that efforts to curb greenhouse consider other definitions. progressive promise, that hits home to gas emissions are perilous and will

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.097 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4723 cause undue hardship for Americans in of us in California. Earth Day is the istence in it. It is about development the midst of a recession. The fact is if perfect time, and he knew it, to high- along the lines that are smart and we don’t do something about this glob- light that event and to work to ensure green, clean and renewable. We can do al crisis, greenhouse gas emissions, we that oil spills never happened again. Of both. are all going to be in much more trou- course, over 29 years there have been I will say that I do appreciate some ble than we are right now. other oil spills, but he was so sincere of our Republican colleagues, and I re- Right now, in fact, is a good time to that he put Earth Day together to em- spect them all and enjoy them a lot, deal with the crisis in our economy. phasize no more oil spills. but I think it is important to point out It’s a chance to rebuild, it’s a chance to So many in our country who don’t that their vision was on display on strengthen, it’s a time to invest in in- have a strong connection to Santa Bar- ‘‘Sunday Morning Talk’’ when one of frastructure. bara oil knew how important it was to the Republican leaders said that he dis- I think, Chairwoman WOOLSEY, it’s California, and they come to our dis- missed as ‘‘almost comical’’ the idea just a good time to point out that it tricts and they learn over and over that carbon dioxide is a carcinogen and was during the Civil War that Abraham again what a disaster like that will do. that it is harmful to our environment. Lincoln made the decision we are going And it could happen in their areas too. The proof and evidence was that, you to have a railroad span the United It could happen on the Great Lakes. It know, that carbon dioxide must be safe States. It was during the 1930s, the De- certainly could happen on the Atlantic because humans exhale it and cows de- pression, that we saw rural electrifica- coast, down in the Gulf of Florida. posit it. That is not a definition of tion be a major commitment of the So everybody pays attention, par- whether it is a carcinogen or a harmful United States Government under ticularly to the oceans. But there is substance. Of course, we do have a Franklin Delano Roosevelt. It was more to Earth Day than our oceans. It science gap, and we can do an hour on under Eisenhower, a recession, where is our air, it is our water, it is our that. we talked about the interstate highway trees, and Earth Day has become the But I think it is important to point system that we now enjoy today. basis for what we know we must be out that we are not only in commemo- In fact, at times like this, it’s no doing to solve global warming. ration of Earth Day talking about time to shrink, no time to be afraid, But happy birthday Earth Day yes- fighting pollution; we are talking but it’s a time to be bold. Let’s not go terday. about enhancing our world, our green for any naysayers or fearmongers; let’s Mr. ELLISON. I thank the gentlelady planet, the only one we have, by the move forward. for that important recognition. In fact, way. And, again, as you know very Is this a time to be bold, is this a it is our appreciation and gratitude for well, the gentlelady from California time to shrink and be afraid, or is it a this beautiful Earth that we live on knows, our Chair of the Progressive time to be bold and grab on to a new that drives our dedication. We are not Caucus, if we acidify our oceans and if energy policy? really here from the Progressive Cau- we overheat our planet, the planet will Ms. WOOLSEY. Well, first of all, cus talking about what we are against. still continue to exist. We just won’t be Madam Speaker, thank you for being We are talking about what we are for. able to live on it. So that is very im- here with us tonight also. We honor And we are for a clean Earth, in which portant to point out. you. everyone can breathe, can drink, can I think the Progressive plan, and I You know, as cochair of the congres- live and enjoy this wonderful planet want to hand it back to the gentlelady sional Progressive Caucus with RA´ UL that we have, and not just human right now, is to talk about the impor- GRIJALVA, it’s really an honor to be beings, but all creation. I think it is tance of a progressive vision for energy here and represent the Progressive very important that you set us on the policy. I would ask the gentlelady from Caucus and people of this country and right trajectory for that. California, do you believe we need a I think as we are looking back and the people of my district. progressive vision for a progressive en- remembering this 29th anniversary of And we are doing this right now be- ergy policy? Earth Day, it is important to remem- cause it’s Earth Day—yesterday was Ms. WOOLSEY. Well, we need noth- ber that the course of action we have Earth Day, I believe, but we couldn’t ing less than a progressive vision. We been following has not been one that do this yesterday. need to be bold. You asked me that a has been helpful. In fact, it has brought So before we get into the question little bit earlier. And there is no tip- us to a very difficult situation. you asked me, Congressman, let’s talk toeing around this. about Earth Day and how it happened. We have seen the energy plan over I have been on the House Science I think it’s good for people to remem- the last 8 years essentially be made up Committee since I was elected in 1992, ber that Earth Day is a day designed to of tax breaks for oil companies. ‘‘Drill, sworn in in 1993. I am on the Energy promote awareness and foster apprecia- drill, drill,’’ remember that one? Subcommittee. And in my time here tion for our environment. Ms. WOOLSEY. I remember that one. Mr. ELLISON. Yes, you had better we have never had a hearing with sci- b 1500 believe we heard that one, which re- entists that say global warming does Now, yesterday, yes, that is right, it sulted in more pollution which tax- not exist, that it is a dream, that it is was yesterday, it was the 29th anniver- payers have to clean up, and no funda- a myth. Good science has proven where sary of the very first celebration. That mental investment in a green energy we are today. celebration was determined, and over economy like the investment we have Scientists have been so careful, be- the 29 years we have recognized on been talking about, the investment in cause that is who they are. They have Earth Day something that we should an Earth Day to commemorate and re- to prove their point before they come be recognizing every single day and dedicate our commitment, the invest- out and say science says global warm- every minute of our lives, that we have ment in our economy over the cen- ing is something we have to deal with a need for a healthy environment and turies, as progressive leaders like Lin- or else, and we have got this much we have to work to protect it. It won’t coln and FDR made those important more time and we need to take these happen on its own because we are investments I referred to a moment kinds of actions. working very hard, it appears, to de- ago. There has been no investment in a Mr. ELLISON. If the gentlelady will stroy our environment. So we have a green energy economy, that will lessen yield for a question, you have a lot of lot of work to do. our dependence on oil and reduce glob- experience in Congress. You have been So, let’s talk about what are the al climate change, and, perhaps most here for a little while, right? roots of Earth Day itself. Although the importantly, create jobs. Ms. WOOLSEY. This is my ninth specific day was set by former U.S. You know, Earth Day, Earth Day is a term. Senator Gaylord Nelson of Wisconsin, wonderful time to have this conversa- Mr. ELLISON. Ninth term, that his motivation came from the horrific tion about American clean energy jobs, means 18 years. In all the time you oil spill that engulfed Santa Barbara because Earth Day is not simply about have been here on this committee, have and the California coast in 1969. That fighting pollution. It is also about en- you ever heard any credible scientist was such a horrible experience for all hancing our natural world and our ex- say that global warming does not exist

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.098 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4724 CONGRESSIONAL RECORD — HOUSE April 23, 2009 or that human beings are not contrib- savings to create over 222,000 new jobs are referring to are not always just giv- uting to global warming? Have you by 2020. By cutting waste, we save ing up something. Sometimes these ever heard anything like that? money. The renewable electricity sacrifices involve getting something. Ms. WOOLSEY. Never. Never. I have standard alone will result in nearly For example, let’s just say if you heard Members on the other side of the $100 billion in savings for consumers were to get out of that habit of driving aisle on the Science Committee saying and businesses by 2030. Efficiency sav- three blocks to the grocery store, you that global warming is a myth and ings, the energy efficiency resource might view that as a sacrifice, but you pooh-poohing it. It is just something standard will result in nearly $170 bil- will save money on gas and you will re- that makes no sense to me, because it lion in utility bill savings by 2020. duce your waistline. is real, and if we don’t do something Opponents of that change that Amer- b 1515 about it soon, the effects are going to icans are demanding are not going to be irreversible, and we know that. be the ones who are remembered fi- Mr. ELLISON. If you ride a bike to Now, here in Congress we get elected nally by history. The ones who oppose work, and we promote, as Congress, if every 2 years. Well, we are not going to efficiency and renewable energy, these we promote nonmotorized transpor- fix this in 2 years, but we had better are the same folks who are in danger of tation, this will reduce our obesity, in- start fixing it for our grandchildren. I directing U.S. energy policy. They have crease our green and renewable pro- have five grandchildren, the oldest is 9 ignored global climate change, as you gram. Some of these things are things and the youngest is 2. and I have talked about. They have ig- that we think of as a sacrifice but real- I have four children, and three fami- nored acidification of the ocean, over- ly are not. lies have children. So one night one of heating of our planet. They have wid- If we shut off the television, you the families and I were having dinner ened tax loopholes for polluting indus- know, we might talk to each other and and we were talking about global tries and they have made minimal ad- get to know each other a little bit bet- warming, and my grandson, then I be- vances in new, clean energy tech- ter. If we just pull the plugs out when lieve he was 8, he might have been 7, niques. we leave the house, we can get rid of just about came across the table. My Madam Speaker, the will of the that ghost energy drain that steals en- grandkids call me ‘‘Amah,’’ and he American public is being represented ergy when we’re not even using these said, ‘‘Amah,’’ his eyes were this big, in Congress and the White House now, appliances. ‘‘do you know about the polar bears?’’ and we need the American people to So these are just changes that you’re And we had a total conversation about continue to demand responsible energy speaking of that will definitely en- what was happening up in Greenland. policy, climate change policy that cre- hance our quality of life. Since then I have been to Greenland. ates jobs and cannot be outsourced. As But I want to mention that we have I have seen the ice melt. It is not the gentlelady from California, LYNN a bill called the American Clean En- healthy. I have been to the South Pole. WOOLSEY, was just talking about, ergy and Security Act which does do I have seen the shift at the South Pole somebody will come up with the great some very important things. It creates of the science stations, the ones that ideas to green our world. Will they be jobs that cannot be shipped overseas. It are built out of ice. They shift every here? Only if we make the proper in- reduces our dependence on foreign oil, year, and they are shifting at greater vestments. Only if we become innova- increases production of clean and re- speeds. I have seen the penguins that tive and maintain our position as inno- newable energy sources, cracks down are having a hard time getting from vator. on heavy polluters, and gives American their ice blocks back to land so that I yield back to the gentlelady. entrepreneurs and innovators, as you they can feed and breed. It is hap- Ms. WOOLSEY. Well, you know, I mentioned your role on the Science pening, and we cannot deny it. Not just have to confess that I have lived a very Committee, what they need to stay for us, because we are stupid if we privileged life as I raised my four kids competitive in the global economy. don’t do it, but for your children and in a nice home. It wasn’t a palace or a The fact is that this bill, this ACES for my grandchildren. Hopefully, their mansion or anything, but it was nice. bill, invests in American jobs, reduces children will have a nice, clean, safe We were always warm and we had win- our dependency on foreign oil and does world to live in. dows open and we had a sprinkler sys- a lot of important things that we need, So do we have to be bold? Does it tem in my yard. as Americans. And so I’m thinking need to be progressive? Yes. And I I feel like I have been part of the that, you know, it’s important that don’t mean progressive that it is our problem. I know I have. We eat meat, citizens, individuals like you and I, do way or no way. I mean progressive in which uses up so much of our good better. But it’s also important that the that we are not afraid to do the right Earth and our air, and we will probably Congress take action. Individual citi- thing. We are not afraid to fight. So keep doing a lot of that. But as individ- zens, pull those plugs out, walk, do that we if we have cap-and-trade, we uals, as humans, we have to change the things, do more walking, riding your also ensure that we have benefits for way we live and we have to be willing bike, doing things like that. But also, the people that are going to be paying to invest. And I believe, and we are not we have, as a Congress, a societal re- for this in the long run, and that we re- supposed to use the word, but we have sponsibility that we cannot just rel- invest in alternative energies, that we to get a little accustomed to some sac- egate to the individual citizen. In fact, know that we have an industry, a green rifice. We need to decide whether we government often will signal better be- industry that must be the new industry need grass or we need landscaping that havior and more green and renewable for the United States of America. Be- survives on little or no water. We have and Earth-friendly behavior that citi- cause if we don’t take advantage of the to make these decisions ourselves. zens can partake of. needs, world needs, that it is going to And I don’t think we should all have So I yield back to the gentlelady. be our science, it is going to be our en- to get incentives to do this. I think Ms. WOOLSEY. Actually, one of the gineers, it is going to be our techni- that the incentives need to go to indus- things, under JIM OBERSTAR’s leader- cians that come up with the solutions, try so they will build the big products, ship, he is the Chair of the Transpor- if we let the jobs to put all this to- so they will build the solar systems, tation Authorization Committee, under gether go overseas, what a mistake we the wind systems. In our district, we his tutelage, we have invested a lot in will be making, because we will buy have geothermal, and we need to help nonmotorized transportation, because this stuff, because we are going to in all those areas. it’s hard to ask the children to walk to make our world cleaner. So as individuals some sacrifice will school when their roadways are full of Mr. ELLISON. Well, if the gentlelady come along. Mostly that sacrifice will cars and there are no sidewalks. It’s will yield back, let me say that part of be changing the way we do things. hard to ask people to ride bicycles the progressive vision is to implement That is hard. Nobody likes to change. when there are no safe bicycle paths. provisions of a renewable electricity But we change now, or it will be too Actually, Marin County, in my dis- standard which will create over 300,000 late. trict, is one of the model programs in jobs, implement an energy efficient re- Mr. ELLISON. Well, I would point his program, and it’s certainly proving source standard so we can get energy out though that the sacrifices that you itself out. You know, California gets a

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.100 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4725 lot of criticism because we use a lot of tax. Sending $400 billion a year abroad, producing. We are too, but they are. energy. But, you know, per capita we now, that is the kind of tax that we do But it’s going to cost everybody more. use less than any other State in the want to avoid and help the American It just does. That’s all there is to it, so country, and that’s because we actu- people not have to pay. they want to see some benefit from it. ally get conservation and we live con- The Democratic plan declares energy And so let’s work on this together. servation. We actually, in most areas, independence and puts America on a Let’s make sure that the investment in walk our talk in that regard. path to economic recovery. President clean technology helps all people; that Now, the Progressive Caucus is abso- Obama spoke of transitioning to a utility bills can come down, and other lutely ready to fully participate in this clean energy economy that will create programs will be made in effect so that debate about good ideas so that we can jobs, make our homes and buildings we are investing in our future, not our ensure any change in the way we treat and vehicles more efficient, and pro- past. carbon will be done to maximize the tect consumers. In his inaugural ad- Mr. ELLISON. That’s an excellent benefits to the environment, minimize dress, he said we will harness the sun word, Congresswoman WOOLSEY. You the impact on our constituents, and and the wind and the soil to fuel our again have been a great champion of a transform our economy with new en- cars and our factories. progressive message. You have been ergy technologies. Our feet are on the We believe that this is the right di- talking about a progressive promise. ground. We’re ready to go. But what we rection. Although the Progressive Cau- You’ve been talking about a progres- are going to want is bold decisions and cus will not simply adopt or parrot any sive message. You have been lifting up bold resources and bold support so that policy, we will put forth a progressive the banner of progressive politics in we aren’t tiptoeing along and pre- policy and argue for those changes as this Congress, and we all want to thank tending it isn’t happening. We’re going the energy policy moves forward. We you for your tremendous leadership, to work with the Obama administra- will be part of this conversation, fully not to mention your 309 consecutive tion. We’re going to work with our participating in it, and ask that mem- speeches in favor of peace. leadership, and we are going to work bers of the public and the progressive Tonight we’ve been talking about with both sides of the aisle to ensure community stand up and come forward American clean energy and jobs. This that what we’re talking about is real to be part of this important energy pol- is the symbol of a windmill. We can harness the wind and the sun. We can and doable and supported. icy. Mr. ELLISON. Well, that’s very im- So, before we wrap up, I just want to harness the natural world to live in portant. And I want to thank you for offer our co-chair an opportunity to harmony with the planet, not simply those observations. The Progressive comment on our subject tonight. And use it and exploit it like so much of an Caucus needs good ideas, too. We are after that we’ll conclude. endless commodity, but to truly use it being fully engaged in this energy de- Ms. WOOLSEY. First of all, I want to in a way that will allow humanity to live in harmony with the natural world bate that’s going on. We are not thank you, Congressman ELLISON, for shrinking from this debate at all. And these really informative Congressional and to create jobs and to make our if people want to offer some advice, Progressive Caucus dialogues that you needs met. We talked about, tonight, the need there is a Web site that we have, and have hosted every week ever since we for individuals to do things; is that folks can give us their views, came back into Congress this session. right, Congresswoman WOOLSEY? Indi- cpc.grijalva.gov—GRIJALVA is the name I want to say something about cap- viduals should step forward. We do of our other co-chair—because we do and-trade, just so that those who are need to walk, not necessarily ride. We want to have people say here’s what listening to us know how, what we do need to promote transit. We do need you should do. think it means. And you said it. We al- One of the things that it means to be to promote smart growth, livable com- ready have cap-and-trade in this coun- progressive is to be open-minded and munities. We need to do all these try. Not with carbon, but with ‘‘NO try to gather in ideas from all places, X things. We should try to get a hybrid and SO ,’’ which is better known as the to be grassroots, to gather in views and x car, or not even take a car. Just walk pollutants that cause acid rain. It’s opinions from multiple sources. We or use nonmotorized transportation. been happening since 1990. And guess don’t claim a monopoly on good ideas, We should pull out those plugs that we what? It works. but we do have values that we uphold just leave sitting in the wall all day So therefore, to explain the cap, it here of a progressive type. when we’re not even at home. I want to just say, as we prepare to, means we set a limit on the amount of But it is also on the responsibility of in the next 5 to 7 minutes, hand it over carbon that large producers can put government to take decisive action, to to our Republican colleagues, that it’s into the atmosphere. Then, over time, make the investments that we need in important that we do debunk a few we reduce that number so people are those bike paths, to promote a cap-and- myths, though. I mean, I’ve heard it allowed to produce less and less carbon trade system that surely reduces our said that the progressive support of until we get the reductions we need to carbon footprint and takes the pro- cap-and-trade, isn’t that just an energy avoid devastating climate change. ceeds from those programs and puts tax? Well, we believe that it’s not. The trade part means that the gov- them back into renewable energy and First off, the Democratic plan is to ernment issues credits for carbon helps ameliorate the cost to low-in- repower America with clean energy and emitters under the previously estab- come individuals of meeting this im- jobs. As for capping global warming lished cap. I know that’s complicated, portant task. pollution, the Democratic plan is sim- but it’ll be easier to understand when We need to do these things. We need ple. It makes polluters pay, and helps it all gets laid out in front of people. to have a bold, committed program green companies prosper so they can These credits can then be bought, sold which gets the carbon footprint much, hire more workers. It’s time that the and traded, which means this operates much lower so we can live on this plan- American solution we put in place to under a free market system. et. successfully fight acid rain in 1990, Now, frankly, I’m just absolutely But finally, we need to remember after which time electricity rates fell confused why so many Republicans are that, in honor of Earth Day, that this 10 percent and the U.S. economy added upset about a system that works on the Earth is something that we come from, 16 million new jobs. It’s important to principles of the free market. But I not something that we are here to ex- point out that the acid rain solution think once all of that is debunked, peo- ploit. Even from a religious standpoint, had bipartisan support and was signed ple will be able to better embrace it, we are the trustees of this Earth and by the first President Bush. particularly if we have some benefits, have a responsibility to take good care It’s true also—I mean, another at- cap trade and dividends that come back of it. And I want to commend all those tack item. Won’t Democrats’ energy to individuals and to industry and en- congregations, Congregations Caring tax raise electricity rates even though sure that the cost of it is a benefit to for Creation, other groups like that President Obama said cap-and-trade the people who are paying those costs, doing good work, citizens out there will make energy prices increase? because big industry is not going to be doing good work, people concerned Saving consumers money is not a the only one that pays for it. I mean, about the environmental justice as- tax. Saving business money is not a they’re benefiting from what they’re pects of this question of energy policy,

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.101 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4726 CONGRESSIONAL RECORD — HOUSE April 23, 2009 making sure that low-income commu- portant as we find ourselves in Amer- used to project future climate change. nities, communities of color, are in the ica competing with other countries I point that out because I’ve heard middle of this fight for this clean re- around the world. In America, we hap- many times that the scientific evi- newable world that we’re coming into pen to be very fortunate in that we dence is indisputable and that it can- and are participating fully. Not green have a 250-year supply of coal. It’s our not be contradicted. I would like the for some, green for all, right? most abundant resource. By the way, American people to know that I’ve sat And so, with that, we just want to not only is it our most abundant re- in on many hearings on this issue, and thank everybody. Here’s our Web site. source, but it is also the most economi- I’ve heard scientists disagree on this We want to know what you think. We cal way to produce electricity. issue, but the important thing is we care about your opinion. Check back In my home State of Kentucky, for need to debate it. The American people with us next week at the Congressional example, 90 percent of all of the elec- will finally make their decision about Progressive Caucus, the progressive tricity produced in Kentucky is pro- it. They make those decisions in elec- message, hear about the progressive duced with coal, and that’s why, in tions, and they vote for whomever they promise, and give us your ideas. Kentucky, we have some of the lowest want to vote, and they listen to the ar- f electrical rates in the world—between 4 guments, and they decide what they and 5 cents per kilowatt hour. In Cali- think is in their best interest. That’s b 1530 fornia, Massachusetts and in other the way it should be, but I want to get PRESIDENT OBAMA’S ENERGY States where they don’t really favor back to coal for just a minute. PLAN the use of coal, they’re paying in the In this energy bill that’s being con- sidered in the U.S. Congress today, one The SPEAKER pro tempore. Under neighborhood of 14 cents and 15 cents per kilowatt hour. Now, we recognize— big part of that is called cap-and-trade, the Speaker’s announced policy of Jan- and it plays a prominent part also in uary 6, 2009, the gentleman from Ken- and it goes without saying—that coal is a fuel that produces carbon dioxide President Obama’s budget because, in tucky (Mr. WHITFIELD) is recognized for his budget, he indicated that he antici- 60 minutes as the designee of the mi- and other emissions, and we know that climate change is one of the most im- pates revenue from cap-and-trade in nority leader. the amount of about $657 billion over 10 Mr. WHITFIELD. Thank you, Madam portant issues facing America today. One of the great things about our de- years from selling permits to entities Speaker. so that they can emit carbon dioxide. Yesterday was Earth Day, and people mocracy is we can sit around, and we can have debates about the issues. I Now, I think it’s also important to around this country and around the remember that when Peter Orszag, the world celebrated this great planet that think it’s important for the American people to hear those debates because, chairman of the Office of Management we live on, and all of us, whether we’re and Budget in the Obama White House, as we discuss the emissions of carbon Democrats, Republicans or Independ- testified before Congress, he said that dioxide, we oftentimes listen to the ents, are committed to protecting this that figure may very well be conserv- United Nations International Climate climate for the well-being of future ative, that it could be twice or maybe Change Panel. That is the scientific generations. three times that amount. So it could group that does the most studies and I think most of us would also agree be anywhere from $657 billion to $1.7 that does projections about global that one of the major issues facing the trillion in cost to implement cap-and- warming. They use complicated models entire world today relates to the trade, and of course, cap-and-trade is to predict what the future will hold, strength of the world’s economy and designed to have people pay for emit- the loss of jobs that is taking place and they do core drillings in the ice ting carbon dioxide into the atmos- around the world. We know that, right panels of the North and South Poles to phere. here in America, our unemployment determine how the weather has been in Now, when people pay that much rate is up to about 8.6 percent at this the last thousands of years. We know money to do it, every witness that I’ve time. Last month, it was about 8.1 per- that there are patterns of heating and heard—and everyone would almost cent. In my home State of Kentucky, warming and heating and warming. agree—has said that electricity rates we have some counties with unemploy- One thing that I would like to point are going to go up, and maybe that’s ment of about 15 percent; and I under- out this evening, because we’ve heard a not all bad, because we know that if stand that in the State of Michigan, lot about global warming—and we have we’re going to have a cleaner environ- where we’ve had the automobile dif- had extensive hearings on energy and ment, we’re going to have to pay more. ficulties, the unemployment rate in on global warming and on climate Just on the cap-and-trade aspect of that State is around 15 percent. So as change. One thing that I would point this which relates specifically to coal, I we talk about strengthening the econ- out to you is that everyone says em- would like to remind everyone that the omy, the two most important policies phatically that the models cannot pre- European Union initiated a cap-and- relating to that are tax policy, number dict with any accuracy what the tem- trade system 4 or 5 years ago. I may one, and energy policy, number two. perature is going to be anywhere in the not be exactly right on that. Maybe it It has already been pointed out today world 100 years from now. Witnesses was 3 or 4 years ago or 4 or 5 years ago. by many people that the U.S. Congress have also been very clear in their testi- Last year, they acknowledged that is in the process of considering a com- mony that, when the United Nations they had more carbon dioxide emis- prehensive energy bill that would bring International Climate Change Panel sions than they’d had before they im- about dramatic changes in the way issues a press release from the review plemented cap-and-trade. Now, to be America produces energy. Now, when of their models that they’re predicting fair, they indicated also when they tes- we talk about energy, of course there on particular issues, they formally tified before the Congress that they are two aspects of it. take the worst case scenario, and that think that they have fixed that prob- Number one, we’re talking about: is what’s released to the international lem and that they feel more confident How do we fuel our transportation news media. So when we read stories in as they move forward; but this cap- needs? Everyone knows that we do im- the international news media, there and-trade system is a prominent part port a lot of foreign oil, because we’re seems to be a tendency to scare people in the Obama energy plan that is now consuming about 22 million barrels of about what’s going on with global before the . oil a day, and we’re not producing that warming. I think it’s important that There’s another aspect of it that both- much oil in America. Worldwide, we’re we recognize that. ers me. consuming about 85 million barrels of One of the leading environmentalists, If you’ll recall, I talked about one of oil a day. By the way, that’s about who was called ‘‘Mr. Green’’ at one the major problems facing all of us what the total production of oil is time in Europe, is a fellow named today, which is the economy—trying to worldwide, around 85 million barrels of Bjorn Lomborg. He is a respected sci- restore jobs, getting people back to oil a day. So that’s one aspect of this entist, and he wrote a book called ‘‘The work, getting those stock values back energy issue. Skeptical Environmentalist.’’ In that up in their pension plans and retire- A second part of it is: How do you book, he went into great detail about ment plans. In order to do that, Amer- produce electricity? That’s vitally im- the flaws in the models that are being ica has to be competitive with other

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.102 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4727 countries. They have to be able to The energy bill says that by the year And he came up with a conclusion that produce products at a competitive 2025—it’s either 2020 or 2025—they want he goes into great detail about that for price that will sell all around the 20 percent of all electricity to be pro- every one job created by green tech- world. What’s one of the biggest com- duced by renewable energy. In fact, nology, Spain lost 2.2 jobs in tradi- petitors of America today? To what when President Obama was in Europe tional industries. Now, is that the kind country have we lost a lot of jobs over recently—he’s such a great speaker and of tradeoff that America wants? Yeah. the last 3, 4, 5 years? That country is inspiring fellow—he got up, and he We would like to create green jobs, but China. When we’ve met with the Chi- talked specifically about a number of we don’t want to do it if we lose other nese, they’ve pointed out, and they’ve countries. One of the countries he jobs. And that is precisely what his been very proud of the fact that they talked about was Spain. He said Spain study shows quite clearly. are bringing on line a new coal-powered has been so effective in increasing its And he also goes into a great deal of plant to produce electricity, a new one production of electricity with renew- detail in this study about the amount every 2 weeks. Now, it’s hard to imag- ables, with renewable energy. He said of money that would be invested in— ine that they would be building that America should be looking to Spain that was invested in renewable energy many new coal-powered plants. By the and that we need to get out in front the in Spain. And that’s precisely what way, most of them don’t have scrub- way Spain has. Spain is no smarter they are trying to do in the energy bill: bers. They’re not capturing the CO2 than we are. They’re just more bold. government money to subsidize renew- emissions because, like in America and They’re investing. They’re requiring able energies. like in Europe, the technology is not investment in nuclear energy. And so I think that America, as we there. debate this energy bill, we need to 1545 Now, there are plenty of pilot test b move forward very carefully because projects around. There is one commer- I mean, not in nuclear energy, but in we don’t want to unilaterally place cial application or two to capture car- production of electricity. And that’s ourselves at a competitive disadvan- bon dioxide emissions—one in Canada precisely what this energy bill is going tage on the coal sector by using, by im- and one in Norway—but the Chinese to do. It’s going to dictate 20 percent of plementing a cap-and-trade system are making it very clear that they the electricity be produced with renew- that’s going to penalize only Ameri- want to produce more electricity with ables. cans and raise their electricity rates. coal because it is the most economical And if it is not produced with renew- And we also don’t want to lose 2.2 way to produce electricity; and, there- ables, then they are producing a 5-cent- jobs for every one job created with fore, they can produce more products per-kilowatt penalty. And I can tell green technology if we had the same at less cost. you what. I think most people who are experience that they did in Spain—and I’ll tell you something else they’re experts in energy will tell you it’s vir- there are reasons to believe that we doing, too. A lot of people in America tually impossible to produce 20 percent will, according to this study. may say we ought to do this, but they of our electricity with renewables by Now, yesterday, we had a hearing put a cap on the price of fuel that they the year 2020 or the year 2025 for a lot about this and we had the Secretary of pay for their transportation needs. Of of different reasons. Energy there and we had the adminis- course, as a result of putting that cap First of all, in States in the South- trator of the EPA there. And they are on the fuel, their government buyers, east, we’ve seen repeatedly maps of the the ones that have the task of devel- when they’re out buying oil in the open Southeast, not only the Southeast but oping this energy policy for America. market, buy the highest sulfur content Missouri, Kentucky, Tennessee, Ala- And when I asked them the question— oil available because it is the cheapest. bama, Mississippi, Georgia, Florida, because they and others had been talk- What does that do? That pollutes even Ohio, Michigan. They do not have the ing about all of the new green jobs that more. wind power to produce this electricity. had been created. When I had asked So as we debate this energy policy And we have a very antiquated grid them if they had even seen this study, just on the cap-and-trade aspect of it, system today. So you’re going to have both of them said ‘‘no.’’ And so we we’ve got to keep in mind: If we in to dramatically increase the capacity asked them, well, we think we ought to America act unilaterally, are we going of this grid system if you go to renew- look at this study because before to place ourselves at a disadvantage? Is ables to bring in renewables produced America adopts an energy policy that it going to be more difficult for us to by other parts of the country into the will affect every man, woman and child build plants, to create jobs and to Southeast, particularly. in this country, every business in this produce products that are competitive But one of the primary arguments country, every automobile driver in in the world marketplace? I would sub- that we hear from our respected friends this country, what would the impact of mit to you that the answer to that is, on the other side of the aisle is that, it be? So we need detailed studies so yes, it will place us at a disadvantage look, let’s not be concerned about this that we get both sides of the issue, we to do it unilaterally. So I think that’s because as we move into green tech- said in these hearings. And to be truth- an important thing that we need to dis- nology, we’re going to create thou- ful, we all wish that what is being said cuss as we move forward. sands of green jobs. And those jobs will would be true, that yes, we can auto- Now, another matter that plays a be what will propel America into the matically go to green and forget coal prominent place in the energy plan future. And none of us in Congress and forget nuclear. But it is impossible being advocated by our respected would object to that. And we know to do. friends on the other side of the aisle, that there will be some green jobs cre- So instead of looking through rose- by our Democrat friends—and I might ated. But, you know, we oftentimes do colored glasses, let’s be realistic as we say that many of the Democrats are projections based on models, and mod- move forward so we can make and give very much concerned about it as well— els frequently are determined by what the American people the opportunity relates to renewable mandates. In you put in, what information you put for the best decision that can be made. America today, 51 percent of our elec- into those models. But when you use Now, on this map right here, there tricity is produced by coal. About 20 empirical data, hard-core facts of what are a lot of red dots. And these red dots percent is produced by nuclear power, has happened, you come up with some represent a nuclear power plant that is and less than 2 percent is produced by interesting conclusions. currently operating in America. And renewable. When I’m talking about re- Now, I have talked about Spain, and there are about 109 of them scattered newable, there are all sorts of renew- there is a gentleman in Spain named throughout our country. And as I men- able—there’s biomass, ethanol, all Gabriel Alvarez. He’s a Ph.D. and he’s tioned earlier, about 20 percent of our sorts of things—but I’m talking pri- at the University of Juan Carlos in electricity is produced by nuclear. But marily here about wind power and Spain. it’s very sad that in this energy bill solar because that plays a prominent He did a research project, and it’s that I have been discussing—it’s over role in the renewable mandate being about 45 pages. It’s right here. And he 657 pages, by the way—it relates to ev- proposed in the energy bill that’s now particularly looked at this issue of cre- erything. It relates to air conditioners before the Congress. ating new jobs with green technology. in your car. It relates to appliances in

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.104 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4728 CONGRESSIONAL RECORD — HOUSE April 23, 2009 your home. It relates to efficiencies in plants, because they have contractual visit and, that is, reprocessing spent building products. It relates to cap- arrangements with the Federal Govern- fuel because we can drastically reduce and-trade, a smart grid, technology, ment, that they could store that spent the amount of waste. global warming, all of those things. fuel at Yucca Mountain. And by the We also need to expedite the permit- But when you have something that’s way, President Obama did not put any ting process so that we can produce producing 20 percent of the electricity money in his budget for Yucca Moun- more nuclear power plants, because it in America like nuclear, you would tain. And so there were a lot of stories can be done safely, it can be done think there would be something in this going around soon after the budget cleanly, and it is a strategy that we energy bill about nuclear, particularly came out that Yucca Mountain had should pursue. Because, as I indicated since we haven’t had any nuclear power been put on hold; we didn’t know if earlier, we are most dependent upon plants built in a long time because of they were going to continue to build it coal, next nuclear, next we get down to the complex permitting process that or try to get the license for it so we renewables and ethanol and biomass, makes it virtually impossible to build can start storing this material or not. and all sorts of things. one. But there is not one item in this So I suppose it’s going to be up to the But I wanted to take this time this new energy bill about nuclear energy. appropriators in the Congress to decide evening to just go over this whole proc- And one thing I think is quite clear if they are going to put any money into ess of the dilemma that we face in nu- to the American people and should be Yucca Mountain. But we spent that $9 clear, the potential dilemma that we clear to all of us, because we know that billion, and because the government face if a cap-and-trade system is adopt- in the next—by the year 2035, the de- had contracts with these nuclear en- ed, because it will make us less com- mand for electricity in America is ergy producers to take that spent fuel petitive with countries like China and going to increase by 35 percent and and was not able to fulfill its obliga- India, who are building more and more maybe more, and particularly, if we tion, what do you think the nuclear en- coal power plants; the less competitive turn the economy around. ergy plants did? They did what any of it will make us if we implement this So in order to meet that demand, us would do. They filed a lawsuit be- renewable mandate that 20 percent of we’re going to have to have everything cause of a breach of that contract. electricity has to be produced by re- that we have access to. We’re going to And as a result of that contract, the newables, when the experience in Spain have to have coal—and there were a lot U.S. Government right now has a li- has been for every job created in the of people that did not want to use coal ability to pay those nuclear power renewable industry, green jobs, they and it’s going to be impossible. We are plants in the neighborhood of $7 bil- lost 2.2 jobs. going to have to use coal. And that’s lion. And that’s only for a period of So as we move forward, we have why developing this technology of car- time. And after that, if there is not many challenges facing our country, no bon capture and sequestration is so vi- some mechanism in place to take care greater challenge than in energy. And tally important. of this stored—this spent fuel, there all of us respect the wisdom of the And I might say that there is a pro- are going to be other lawsuits and American people if they know the fessor at MIT that is one of the few in- there is going to be more money that’s facts, and so I think it’s our obligation, dividuals who actually wrote his dis- going to have to be paid by the Amer- as Members of Congress and Members sertation on carbon capture and se- ican taxpayer. of the Senate and President Obama, to questration. And he’s working with a Now, you know there are a lot of go out and talk about these issues, get group in the Northeast that is planning other countries that produce nuclear the facts out there, and let the Amer- to build a $5 billion carbon capture and energy. In fact, in France, which is of- ican people decide. And I think, once sequestration facility to store carbon tentimes viewed as the green country, they know all these facts, they will dioxide in the ocean floor. And it’s that most of their electricity is produced by recognize that we will have to continue kind of innovative technology that nuclear energy. And France has it, using coal. we’re going to have to have in order to Russia has it, Japan has it, Great Brit- We have a 250-year supply, our most meet our energy needs. ain has it. A lot of countries have it. abundant resource. We have the pilot But back to nuclear for just a mo- But in America, one of the tech- projects already working that can help ment. niques and one of the things that you capture carbon dioxide and even use As you know, any time you produce can do to minimize the amount of the the captured carbon dioxide to put into nuclear energy, you have some spent spent fuel is to reprocess it. And it is a oil wells to produce more oil. If we are fuel, and there are some real problems technology that is fully developed and going to be less dependent on foreign with spent fuel, so there has got to be is being used today in France and oil, we have to produce more oil in a way to store it. And back in, I think Japan and other countries around the America. it was 1982, the Congress passed a bill world. Now, the advantage of reproc- That gets me back to tax policy, be- that imposed an excise fee on every essing is that you reduce even more the cause one of the difficult issues in producer of nuclear energy in America. amount of waste that you have at the President Obama’s tax policy is that I And the purpose of that was to build a end. understand he wants to do away with facility in Nevada called Yucca Moun- But in America, we don’t reprocess. the oil depletion allowance. He wants tain in which they would store this And why? Because when Jimmy Carter to change some inventory rules. He spent fuel. was President, he made a decision—and wants to change some other tax breaks But the American taxpayer has al- I am not criticizing his decision be- for small independent producers, which ready spent $9 billion on Yucca Moun- cause I don’t truthfully know all of the makes it more difficult to produce tain. And if it were allowed to be con- facts that went into his decision, and I more oil in America. tinued within the next 3 or 4 years, it am sure he had good reason for his de- So those are issues facing us. And would be licensed, and then 4 or 5, 10 cision—but he signed an Executive with that, Madam Speaker, I yield years after that, they could start mov- order that prohibited reprocessing of back the balance of my time. ing this spent fuel to Yucca Mountain. spent fuel in America. So where is this spent fuel right now? f Well, the spent fuel right now is lo- b 1600 cated at each one of these 109 sites in But every other country in the world America. Where you have a nuclear is doing it, with the exception of Can- LEAVE OF ABSENCE power plant, you have spent fuel be- ada, and that’s because they use heavy By unanimous consent, leave of ab- cause there is no other place, there is water reactors in Canada and in Amer- sence was granted to: no other place to put it. No other place ica we use light water reactors. Mr. JACKSON of Illinois (at the re- to take it. But the reason that I am dis- quest of Mr. HOYER) for today on ac- Now, I think the American people appointed in the energy bill—there is count of illness. would find it interesting—because I nothing about nuclear—is because this Mr. MORAN of Kansas (at the request don’t think most of them really know is an issue that the American people of Mr. BOEHNER) for today on account that a lot of these nuclear power and the American Congress must re- of attending a funeral.

VerDate Nov 24 2008 02:28 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.105 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4729 SPECIAL ORDERS GRANTED Madeleine Z. Bordallo, Dan Boren, Leonard McMorris Rodgers, Jerry McNerney, Connie L. Boswell, Rick Boucher, Charles W. Mack, Daniel B. Maffei, Carolyn B. Maloney, By unanimous consent, permission to Boustany Jr., Allen Boyd, Bruce L. Braley, Donald A. Manzullo, Kenny Marchant, Betsy address the House, following the legis- Kevin Brady, Robert A. Brady, Bobby Bright, Markey, Edward J. Markey, Jim Marshall, lative program and any special orders Paul C. Broun, Corrine Brown, Ginny Brown- Eric J. J. Massa, Jim Matheson, Doris O. heretofore entered, was granted to: Waite, Henry E. Brown Jr., Vern Buchanan, Matsui, Kendrick B. Meek, Gregory W. (The following Members (at the re- Michael C. Burgess, Dan Burton, G.K. Meeks, Charlie Melancon, John L. Mica, Mi- quest of Ms. WOOLSEY) to revise and ex- Butterfield, Steve Buyer, Ken Calvert, Dave chael H. Michaud, Brad Miller, Candice S. tend their remarks and include extra- Camp, John Campbell, Eric Cantor, Anh ‘‘Jo- Miller, Gary G. Miller, George Miller, Jeff seph’’ Cao, Shelley Moore Capito, Lois neous material:) Miller, Walt Minnick, Harry E. Mitchell, Capps, Michael E. Capuano, Dennis A. Alan B. Mollohan, Dennis Moore, Gwen Ms. WOOLSEY, for 5 minutes, today. Cardoza, Russ Carnahan, Christopher P. Car- Moore, James P. Moran, , Chris- Mr. DEFAZIO, for 5 minutes, today. ney, Andr´e Carson, John R. Carter, Bill topher S. Murphy, Patrick J. Murphy, Tim Mr. YARMUTH, for 5 minutes, today. Cassidy, Michael N. Castle, Kathy Castor, Murphy, John P. Murtha, Sue Wilkins Mr. MURPHY of Connecticut, for 5 Jason Chaffetz, Ben Chandler, Travis W. Myrick, Jerrold Nadler, Grace F. Napolitano, minutes, today. Childers, Donna M. Christensen, Yvette D. Richard E. Neal, Randy Neugebauer, Eleanor Clarke, Wm. Lacy Clay, Emanuel Cleaver, Mr. SCHIFF, for 5 minutes, today. Holmes Norton, Devin Nunes, Glenn C. Nye, James E. Clyburn, Howard Coble, Mike (The following Members (at the re- James L. Oberstar, David R. Obey, John W. Coffman, Steve Cohen, Tom Cole, K. Michael Olver, Pete Olson, Solomon P. Ortiz, Frank quest of Mr. POE of Texas) to revise and Conaway, Gerald E. Connolly, John Conyers Pallone Jr., Bill Pascrell Jr., Ed Pastor, Ron extend their remarks and include ex- Jr., Jim Cooper, Jim Costa, Jerry F. Paul, Erik Paulsen, Donald M. Payne, Nancy traneous material:) Costello, Joe Courtney, Ander Crenshaw, Jo- Pelosi, Mike Pence, Ed Perlmutter, Thomas Mr. SOUDER, for 5 minutes, today. seph Crowley, Henry Cuellar, John Abney S. P. Perriello, Gary C. Peters, Collin C. Pe- Mr. NEUGEBAUER, for 5 minutes, Culberson, Elijah E. Cummings, Kathleen A. terson, Thomas E. Petri, Pedro R. Pierluisi, today. Dahlkemper, Artur Davis, Danny K. Davis, Chellie Pingree, Joseph R. Pitts, Todd Rus- Geoff Davis, Lincoln Davis, Susan A. Davis, sell Platts, Ted Poe, Jared Polis, Earl Pom- Ms. ROS-LEHTINEN, for 5 minutes, Nathan Deal, Peter A. DeFazio, Diana April 27. eroy, Bill Posey, David E. Price, Tom Price, DeGette, William D. Delahunt, Rosa L. Adam H. Putnam, Mike Quigley, George Mr. DENT, for 5 minutes, today. DeLauro, Charles W. Dent, Lincoln Diaz- Radanovich, Nick J. Rahall II, Charles B. Mr. POE of Texas, for 5 minutes, April Balart, Mario Diaz-Balart, Norman D. Dicks, Rangel, Denny Rehberg, David G. Reichert, 30. John D. Dingell, Lloyd Doggett, Joe Don- Silvestre Reyes, Laura Richardson, Ciro D. Mr. JONES, for 5 minutes, April 30. nelly, Michael F. Doyle, David Dreier, Steve Rodriguez, David P. Roe, Harold Rogers, Mr. BURTON of Indiana, for 5 minutes, Driehaus, John J. Duncan Jr., Chet Edwards, Mike Rogers (AL–03), Mike Rogers (MI–08), April 29 and 30. Donna F. Edwards, Vernon J. Ehlers, Keith Dana Rohrabacher, Thomas J. Rooney, Peter Ellison, Brad Ellsworth, Jo Ann Emerson, J. Roskam, Ileana Ros-Lehtinen, Mike Ross, Mr. CAO, for 5 minutes, today. Eliot L. Engel, Anna G. Eshoo, Bob Steven R. Rothman, Lucille Roybal-Allard, (The following Member (at his re- Etheridge, Eni F.H. Faleomavaega, Mary Edward R. Royce, C. A. Dutch quest) to revise and extend his remarks Fallin, Sam Farr, Chaka Fattah, Bob Filner, Ruppersberger, Bobby L. Rush, Paul Ryan, Jeff Flake, John Fleming, J. Randy Forbes, and include extraneous material:) Tim Ryan, Gregorio Sablan, John T. Salazar, Jeff Fortenberry, Bill Foster, Virginia Foxx, Mr. GOHMERT, for 5 minutes, today. Linda T. San´ chez, Loretta Sanchez, John P. Barney Frank, Trent Franks, Rodney P. Sarbanes, Steve Scalise, Janice D. f Frelinghuysen, Marcia L. Fudge, Elton Schakowsky, Adam B. Schiff, Jean Schmidt, Gallegly, Scott Garrett, Jim Gerlach, SENATE BILL REFERRED Aaron Schock, Kurt Schrader, Allyson Y. Gabrielle Giffords, Kirsten E. Gillibrand*, Schwartz, David Scott, Robert C. ‘‘Bobby’’ A bill of the Senate of the following Phil Gingrey, Louie Gohmert, Bob Good- ´ title was taken from the Speaker’s latte, Charles A. Gonzalez, Bart Gordon, Kay Scott, F. James Sensenbrenner Jr., Jose E. table and, under the rule, referred as Granger, Sam Graves, Alan Grayson, Al Serrano, Pete Sessions, Joe Sestak, John B. Shadegg, Mark Shauer, Carol Shea-Porter, follows: Green, Gene Green, Parker Griffith, Rau´ l M. Grijalva, Brett Guthrie, Luis V. Gutierrez, Brad Sherman, John Shimkus, Heath Shuler, S. CON. RES. 18. Concurrent resolution sup- John J. Hall, Ralph M. Hall, Deborah L. Bill Shuster, Michael K. Simpson, Albio porting the goals and ideals of World Malaria Halvorson, Phil Hare, Jane Harman, Gregg Sires, Ike Skelton, Louise McIntosh Slaugh- Day, and reaffirming United States leader- Harper, Alcee L. Hastings, Doc Hastings, ter, Adam Smith, Adrian Smith, Christopher ship and support for efforts to combat ma- Martin Heinrich, Dean Heller, Jeb H. Smith, Lamar Smith, Vic Snyder, Hilda laria; to the Committee on Foreign Affairs. Hensarling, Wally Herger, Stephanie Herseth L. Solis, Mark E. Souder, Zachary T. Space, f Sandlin, Brian Higgins, Baron P. Hill, James Jackie Speier, John M. Spratt Jr., Bart Stu- A. Himes, Maurice D. Hinchey, Rube´n pak, Cliff Stearns, John Sullivan, Betty Sut- ADJOURNMENT Hinojosa, Mazie K. Hirono, Paul W. Hodes, ton, John S. Tanner, Ellen O. Tauscher, Gene Mr. WHITFIELD. Madam Speaker, I Peter Hoekstra, Tim Holden, Rush D. Holt, Taylor, Harry Teague, Lee Terry, Bennie G. move that the House do now adjourn. Michael M. Honda, Steny H. Hoyer, Duncan Thompson, Glenn Thompson, Mike Thomp- Hunter, Bob Inglis, Jay Inslee, Steve Israel, son, Mac Thornberry, , Patrick The motion was agreed to; accord- J. Tiberi, John F. Tierney, Dina Titus, Paul ingly (at 4 o’clock and 3 minutes p.m.), Darrell E. Issa, Jesse L. Jackson Jr., Sheila Jackson-Lee, , Eddie Bernice Tonko, Edolphus Towns, Niki Tsongas, Mi- under its previous order, the House ad- Johnson, Henry C. ‘‘Hank’’ Johnson Jr., Sam chael R. Turner, Fred Upton, Chris Van journed until Monday, April 27, 2009, at Johnson, Timothy V. Johnson, Walter B. Hollen, Nydia M. Vela´ zquez, Peter J. Vis- 12:30 p.m., for morning-hour debate. Jones, Jim Jordan, Steve Kagen, Paul E. closky, Greg Walden, Timothy J. Walz, Zach Wamp, Debbie Wasserman Schultz, Diane f Kanjorski, Marcy Kaptur, Patrick J. Ken- nedy, Dale E. Kildee, Carolyn C. Kilpatrick, Watson, Melvin L. Watt, Henry A. Waxman, OATH FOR ACCESS TO CLASSIFIED Mary Jo Kilroy, Ron Kind, Peter T. King, Anthony D. Weiner, Peter Welch, Lynn A. INFORMATION Steve King, Jack Kingston, Mark Steven Westmoreland, Robert Wexler, Ed Whitfield, Charles A. Wilson, Joe Wilson, Robert J. Under clause 13 of rule XXIII, the fol- Kirk, Ann Kirkpatrick, Larry Kissell, Ron Klein, John Kline, Suzanne M. Kosmas, Wittman, Frank R. Wolf, Lynn C. Woolsey, lowing Members executed the oath for Frank Kratovil Jr., Doug Lamborn, Leonard David Wu, John A. Yarmuth, C.W. Bill access to classified information: Lance, James R. Langevin, Rick Larsen, Young, Don Young Neil Abercrombie, Gary L. Ackerman, Rob- John B. Larson, Tom Latham, Steven C. f ert B. Aderholt, John H. Adler, W. Todd LaTourette, Robert E. Latta, Barbara Lee, Akin, Rodney Alexander, Jason Altmire, Christopher John Lee, Sander M. Levin, EXECUTIVE COMMUNICATIONS, Robert E. Andrews, Michael A. Arcuri, Steve Jerry Lewis, John Lewis, John Linder, Dan- ETC. Austria, Joe Baca, Michele Bachmann, Spen- iel Lipinski, Frank A. LoBiondo, David Under clause 8 of rule XII, executive cer Bachus, Brian Baird, Tammy Baldwin, J. Loebsack, Zoe Lofgren, Nita M. Lowey, Gresham Barrett, John Barrow, Roscoe G. Frank D. Lucas, Blaine Luetkemeyer, Ben communications were taken from the Bartlett, Joe Barton, Melissa L. Bean, Xa- Ray Luja´ n, Cynthia M. Lummis, Daniel E. Speaker’s table and referred as follows: vier Becerra, Shelley Berkley, Howard L. Lungren, Stephen F. Lynch, Carolyn McCar- 1330. A letter from the Acting Assistant Berman, Marion Berry, Judy Biggert, Brian thy, Kevin McCarthy, Michael T. McCaul, Deputy Secretary, Department of Education, P. Bilbray, Gus M. Bilirakis, Rob Bishop, Tom McClintock, Betty McCollum, Thaddeus transmitting the Department’s final rule — Sanford D. Bishop Jr., Timothy H. Bishop, G. McCotter, Jim McDermott, James P. Readiness and Emergency Management Marsha Blackburn, Earl Blumenauer, Roy McGovern, Patrick T. McHenry, John M. Schools — Catalog of Federal Domestic As- Blunt, John A. Boccieri, John A. Boehner, Jo McHugh, Mike McIntyre, Howard P. ‘‘Buck’’ sistance (CFDA) Number 84.184E. received Bonner, Mary Bono Mack, John Boozman, McKeon, Michael E. McMahon, Cathy April 14, 2009, pursuant to 5 U.S.C.

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K23AP7.109 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4730 CONGRESSIONAL RECORD — HOUSE April 23, 2009 801(a)(1)(A); to the Committee on Education rule — Federal Acquisition Regulation; FAR to the President and Congress-Fiscal Year and Labor. Case 2009-011, American Recovery and Rein- 2008, pursuant to 31 U.S.C. 1116; to the Com- 1331. A letter from the Acting Assistant vestment Act of 2009 (The Recovery Act)— mittee on Oversight and Government Re- Secretary Legislative Affairs, Department of GAO/IG Access [FAC 2005-32; FAR Case 2009- form. State, transmitting certification of a pro- 011; Item V; Docket 2009-0012, Sequence 1] 1351. A letter from the Director, U.S. Fish posed manufacturing license agreement with (RIN: 9000-AL20) received April 1, 2009, pursu- and Wildlife Service, Department of the Inte- Japan (Transmittal No. DDTC 002-09), pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee rior, transmitting the Department’s final ant to 22 U.S.C. 39, section 36(d); to the Com- on Oversight and Government Reform. rule — Endangered and Threatened Wildlife mittee on Foreign Affairs. 1343. A letter from the Acting Senior Pro- and Plants; Final Rule to Identify the North- 1332. A letter from the Acting Assistant curement Executive, GSA, Department of ern Rocky Mountain Population of Gray Secretary Legislative Affairs, Department of Defense, transmitting the Department’s final Wolf as a Distinct Population Segment and State, transmitting certification of a pro- rule — Federal Acquisition Regulation; FAR to Revise the List of Endangered and Threat- posed manufacturing license agreement with Case 2009-010, American Recovery and Rein- ened Wildlife. [FWS-R6-ES-2008-0008 92220- South Korea (Transmittal No. DDTC 152-08), vestment Act of 2009 (the Recovery Act)— 1113-0000; ABC Code: C6] (RIN: 1018-AW37) re- pursuant to 22 U.S.C. 39, section 36(c); to the Publicizing Contract Actions [FAC 2005-32; ceived April 1, 2009, pursuant to 5 U.S.C. Committee on Foreign Affairs. FAR Case 2009-010; Item III; Docket 2009-0010, 801(a)(1)(A); to the Committee on Natural 1333. A letter from the Acting Assistant Sequence 1] (RIN: 9000-AL24) received April 1, Resources. Secretary Legislative Affairs, Department of 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1352. A letter from the Acting Secretary, State, transmitting certification of a pro- Committee on Oversight and Government Department of Health and Human Services, posed manufacturing license agreement with Reform. transmitting the Department’s report on Japan (Transmittal No. DDTC 021-09), pursu- 1344. A letter from the Acting Senior Pro- designating a class of employees from Hood ant to 22 U.S.C. 39, section 36(c); to the Com- curement Executive, GSA, Department of Building, Cambridge, Massachusetts, pursu- mittee on Foreign Affairs. Defense, transmitting the Department’s final ant to 42 C.F.R. pt. 83; to the Committee on 1334. A letter from the Acting Assistant rule — Federal Acquisition Regulation; FAR the Judiciary. Secretary Legislative Affairs, Department of Case 2009-012, American Recovery and Rein- 1353. A letter from the Acting Secretary, State, transmitting certification of a pro- vestment Act of 2009 (the Recovery Act)— Department of Health and Human Services, posed manufacturing license agreement with Whistleblower Protections [FAC 2005-32; FAR transmitting the Department’s report on the Republic of Korea (Transmittal No. Case 2009-012; Item II; Docket 2009-0009, Se- designating a class of employees from Wes- DDTC 008-09), pursuant to 22 U.S.C. 39, sec- quence 1] (RIN: 9000-AL19) received April 1, tinghouse Atomic Power Development Plant tion 36(c); to the Committee on Foreign Af- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the East Pittsburgh, Pennsylvania, pursuant to fairs. Committee on Oversight and Government 42 C.F.R. pt. 83; to the Committee on the Ju- 1335. A letter from the Acting Assistant Reform. diciary. Secretary Legislative Affairs, Department of 1345. A letter from the Acting Senior Pro- 1354. A letter from the Attorney, Advisor, State, transmitting certification of a pro- curement Executive, GSA, Department of Department of Homeland Security, transmit- posed manufacturing license agreement with Defense, transmitting the Department’s final ting the Department’s final rule — Safety Japan (Transmittal No. DDTC 012-09), pursu- rule — Federal Acquisition Regulation; FAR and Security Zones: New York Marine In- ant to 22 U.S.C. 39, section 36(c); to the Com- Case 2009-008, American Recovery and Rein- spection Zone and Captain of the Port Zone mittee on Foreign Affairs. vestment Act of 2009 (the Recovery Act)— [Docket No.: USCG-2007-0074] (RIN: 1625- 1336. A letter from the Acting Assistant Buy American Requirements for Construc- AA87) received April 7, 2009, pursuant to 5 Secretary Legislative Affairs, Department of tion Material [FAC 2005-32; FAR Case 2009- U.S.C. 801(a)(1)(A); to the Committee on State, transmitting certification of a pro- 008; Item I; Docket 2009-0008, Sequence 1] Transportation and Infrastructure. posed technical assistance agreement for the (RIN: 9000-AL22) received April 1, 2009, pursu- 1355. A letter from the Attorney-Advisor, export of technical data, defense services, ant to 5 U.S.C. 801(a)(1)(A); to the Committee Department of Homeland Security, transmit- and defense articles to Sweden (Transmittal on Oversight and Government Reform. ting the Department’s final rule — Safety No. DDTC 150-08), pursuant to 22 U.S.C. 39, 1346. A letter from the Acting Senior Pro- Zone; Naval Underwater Detonation; North- section 36(c); to the Committee on Foreign curement Executive, GSA, Department of west Harbor, San Clemente Island, CA Affairs. Defense, transmitting the Department’s final [Docket No.: USCG-2009-0046] (RIN: 1625- 1337. A letter from the Acting Assistant rule — Federal Acquisition Regulation; FAR AA00) received April 1, 2009, pursuant to 5 Secretary Legislative Affairs, Department of Case 2009-009, American Recovery and Rein- U.S.C. 801(a)(1)(A); to the Committee on State, transmitting certification of a pro- vestment Act of 2009 (the Recovery Act)— Transportation and Infrastructure. posed technical assistance agreement for the Reporting Requirements [FAC 2005-32; FAR 1356. A letter from the Attorney-Advisor, export of technical data, defense services, Case 2009-009; Item IV; Docket 2009-0011; Se- Department of Homeland Security, transmit- and defense articles to Israel (Transmittal quence 1] (RIN: 9000-AL21) received April 1, ting the Department’s final rule — Saftey No. DDTC 151-08), pursuant to 22 U.S.C. 39, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Zone; Baltimore Captain of the Port Zone section 36(c); to the Committee on Foreign Committee on Oversight and Government [Docket No.: USCG-2008-0129] (RIN: 1625- Affairs. Reform. AA00) received April 1, 2009, pursuant to 5 1338. A letter from the Acting Assistant 1347. A letter from the Acting Senior Pro- U.S.C. 801(a)(1)(A); to the Committee on Secretary Legislative Affairs, Department of curement Executive, GSA, Department of Transportation and Infrastructure. State, transmitting correspondence from the Defense, transmitting the Department’s final 1357. A letter from the Attorney Advisor, legislature of the Province of Batangas, Re- rule — Federal Acquisition Regulation; Fed- Department of Homeland Security, transmit- public of the Philippines; to the Committee eral Acquisition Circlar 2005-32; Introduction ting the Department’s final rule — Security on Foreign Affairs. [Docket FAR-2009-0001, Sequence 3] received Zone; Coast Guard Base San Juan, San Juan 1339. A letter from the Acting Assistant April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); Harbor, Puerto Rico [Docket No.: USCG-2008- Secretary Legislative Affairs, Department of to the Committee on Oversight and Govern- 0440] (RIN: 1625-AA87) received April 1, 2009, State, transmitting pursuant to section 3(d) ment Reform. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of the Arms Export Control Act, certifi- 1348. A letter from the Acting Senior Pro- mittee on Transportation and Infrastruc- cation regarding the proposed transfer of curement Executive, GSA, Department of ture. major defense equipment from the Govern- Defense, transmitting the Department’s final 1358. A letter from the Attorney Advisor, ment of Portugal (Transmittal No. RSAT-08- rule — Federal Acquisition Regulation; FAR Department of Homeland Security, transmit- 1775); to the Committee on Foreign Affairs. Case 2008-026, GAO Access to Contractor Em- ting the Department’s final rule — Anchor- 1340. A letter from the Acting Assistant ployees [FAC 2005-32; FAR Case 2008-026; Item age Regulations; Port of New York [Docket Secretary Legislative Affairs, Department of VI; Docket 2009-0013, Sequence 1] (RIN: 9000- No.: USCG-2008-0155] (RIN: 1625-AA01) re- State, transmitting pursuant to section 36(c) AL25) received April 1, 2009, pursuant to 5 ceived April 1, 2009, pursuant to 5 U.S.C. of the Arms Export Control Act, certifi- U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- cation regarding the proposed transfer of de- Oversight and Government Reform. tation and Infrastructure. fense articles or defense services to Canada 1349. A letter from the Acting Senior Pro- 1359. A letter from the Attorney-Advisor, (Transmittal No. DDTC 129-08); to the Com- curement Executive, GSA, Department of Department of Homeland Security, transmit- mittee on Foreign Affairs. Defense, transmitting the Department’s final ting the Department’s final rule — Safety 1341. A letter from the Assistant Director, rule — Federal Acquisition Regulation; Fed- Zone; Captain of the Port Zone Jacksonville; Policy, Department of the Treasury, trans- eral Acquisition Circular 2005-32; Small Enti- Offshore Cape Canaveral, Florida [Docket mitting the Department’s final rule — Weap- ty Compliance Guide [Docket FAR-2009-0002, No.: USCG-2008-0411] (RIN: 1625-AA00) re- ons of Mass Destruction Proliferators Sanc- Sequence 3] received April 1, 2009, pursuant ceived April 1, 2009, pursuant to 5 U.S.C. tions Regulations — received April 8, 2007, to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Oversight and Government Reform. tation and Infrastructure. mittee on Foreign Affairs. 1350. A letter from the Chairperson, Na- 1360. A letter from the Attorney, Advisor, 1342. A letter from the Acting Senior Pro- tional Council on Disability, transmitting Department of Homeland Security, transmit- curement Executive, GSA, Department of the Council’s report entitled, ‘‘Government ting the Department’s final rule — Safety Defense, transmitting the Department’s final Performance and Results Act Annual Report Zone; Underwater Object, Massachusetts

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Bay, MA. [Docket No.: USCG-2008-1272] (RIN: U.S.C. 801(a)(1)(A); to the Committee on lina, Mr. HARE, Mr. WU, Ms. EDWARDS 1625-AA00) received April 1, 2009, pursuant to Ways and Means. of Maryland, Mr. HONDA, Mr. HIMES, 5 U.S.C. 801(a)(1)(A); to the Committee on 1372. A letter from the Chief, Publications Mr. PATRICK J. MURPHY of Pennsyl- Transportation and Infrastructure. and Regulations, Internal Revenue Service, vania, Mr. EHLERS, Mr. SESTAK, Ms. 1361. A letter from the Attorney, Advisor, transmitting the Service’s final rule — Build KILPATRICK of Michigan, Mr. SABLAN, Department of Homeland Security, transmit- America Bonds and Direct Payment Subsidy Mrs. NAPOLITANO, Ms. MARKEY of Col- ting the Department’s final rule — Safety Implementation [Notice 2009-26] received orado, Mr. ROSS, Ms. MATSUI, Ms. Zone; Saugus River, Lynn, MA [Docket No.: April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); BORDALLO, Mr. MCGOVERN, and Mr. USCG-2008-1026] (RIN: 1625-AA00) received to the Committee on Ways and Means. SMITH of Washington): April 1, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); 1373. A letter from the Chief, Publications H.R. 2060. A bill to provide grants to com- to the Committee on Transportation and In- and Regulations Branch, Internal Revenue munity colleges to improve the accessibility frastructure. Service, transmitting the Service’s final rule of computer labs and to provide information 1362. A letter from the Attorney-Advisor, — Request for Comments on Certain Section technology training for both students and Department of Homeland Security, transmit- 263A Rules Relating to Property Acquired for members of the public seeking to improve ting the Department’s final rule — Safety Resale [Notice 2009-25] received April 8, 2009, their computer literacy and information Zone; Coast Guard Air Station San Fran- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- technology skills; to the Committee on Edu- cisco Airborne Use of Force Judgmental mittee on Ways and Means. cation and Labor. Training Flights [Docket No.: USCG-2009- 1374. A letter from the Chief, Publications By Mr. BOOZMAN (for himself and Mr. 0063] (RIN: 1625-AA00) received April 1, 2009, and Regulations Branch, Internal Revenue KING of Iowa): pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Service, transmitting the Service’s final rule H.R. 2061. A bill to provide for parental no- mittee on Transportation and Infrastruc- — Qualified Energy Conservation Bond Allo- tification and intervention in the case of a ture. cations for 2009 [Notice 2009-29] received minor seeking an abortion; to the Com- 1363. A letter from the Project Counsel, De- April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on the Judiciary. partment of Homeland Security, transmit- to the Committee on Ways and Means. By Mr. DEFAZIO (for himself, Ms. 1375. A letter from the Chief, Publications ting the Department’s final rule — Consoli- MCCOLLUM, Mr. GRIJALVA, Mr. FARR, and Regulations, Internal Revenue Service, dation of Merchant Mariner Qualification Mr. GEORGE MILLER of California, and transmitting the Service’s final rule — Credentials [Docket No.: USCG-2006-24371] Mr. WU): Qualifying Gasification Project Program (RIN: 1625-AB02) received April 1, 2009, pursu- H.R. 2062. A bill to amend the Migratory [Notice 2009-23] received April 8, 2009, pursu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Bird Treaty Act to provide for penalties and ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. enforcement for intentionally taking pro- on Ways and Means. 1364. A letter from the Assistant Secretary tected avian species, and for other purposes; of the Army (Civil Works), Department of f to the Committee on Natural Resources. the Army, transmitting the Environmental By Mr. WILSON of South Carolina: Impact Statement for the Dallas Floodway REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS H.R. 2063. A bill to amend the Emergency Extension in Texas; (H. Doc. No. 111–33); to Economic Stabilization Act of 2008 to use re- the Committee on Transportation and Infra- Under clause 2 of rule XIII, reports of paid Troubled Asset Relief Program funds to structure and ordered to be printed. committees were delivered to the Clerk pay down the public debt, and for other pur- 1365. A letter from the Assistant Secretary poses; to the Committee on Financial Serv- of the Army (Civil Works), Department of for printing and reference to the proper ices. the Army, transmitting the feasibility study calendar, as follows: By Mr. KING of New York: with integrated environmental assessment Mr. OBERSTAR: Committee on Transpor- H.R. 2064. A bill to amend the Homeland on the Peoria Riverfront Development in Il- tation and Infrastructure. H.R. 1746. A bill to Security Act of 2002 to provide immunity for linois; (H. Doc. No. 111–34); to the Committee amend the Robert T. Stafford Disaster Relief reports of suspected terrorist activity or sus- on Transportation and Infrastructure and or- and Emergency Assistance Act to reauthor- picious behavior and response; to the Com- dered to be printed. ize the pre-disaster mitigation program of 1366. A letter from the Assistant Secretary the Federal Emergency Management Agency mittee on the Judiciary. of the Army (Civil Works), Department of (Rept. 111–83). Referred to the Committee of By Ms. SCHAKOWSKY (for herself, Mr. the Army, transmitting the integrated feasi- the Whole House on the State of the Union. CONNOLLY of Virginia, Mr. CARNAHAN, bility report and environmental impact Mr. FRANK of Massachusetts: Committee Mr. FARR, Mr. GRIJALVA, Ms. HIRONO, statement for the South River, Raritan on Financial Services. House Resolution 251. Ms. LEE of California, Mr. MORAN of River Basin Hurricane and Storm Damage Resolution directing the Secretary of the Virginia, Mr. PRICE of North Caro- Reduction and Ecosystem Restoration; (H. Treasury to transmit to the House of Rep- lina, Mrs. NAPOLITANO, Mr. SESTAK, Doc. No. 111–35); to the Committee on Trans- resentatives all information in his possession Ms. WOOLSEY, Ms. WATSON, Mr. BER- portation and Infrastructure and ordered to relating to specific communications with MAN, Mr. PALLONE, and Mr. HARE): be printed. American International Group, Inc. (AIG) H.R. 2065. A bill to amend the Toxic Sub- 1367. A letter from the Chief, Publications (Rept. 111–84). Referred to the House Cal- stances Control Act to phase out the use of and Regulations, Internal Revenue Service, endar. mercury in the manufacture of chlorine and caustic soda, and for other purposes; to the transmitting the Service’s final rule — Pre- f mium assistance for COBRA benefits [Notice Committee on Energy and Commerce. 2009-27] received April 8, 2009, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS By Mr. GENE GREEN of Texas (for U.S.C. 801(a)(1)(A); to the Committee on himself and Mr. TIM MURPHY of Penn- Under clause 2 of rule XII, public sylvania): Ways and Means. bills and resolutions of the following 1368. A letter from the Branch Chief, Publi- H.R. 2066. A bill to amend the Public cations and Regulations, Internal Revenue titles were introduced and severally re- Health Service Act to promote mental and Service, transmitting the Service’s final rule ferred, as follows: behavioral health services for underserved — ARRA Update to Annual Indexing Rev- By Mr. REHBERG (for himself and Mr. populations; to the Committee on Energy enue Procedures (Rev. Proc. 2009-21) received THOMPSON of California): and Commerce. April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 2058. A bill to require mental health By Ms. WOOLSEY (for herself, Mr. to the Committee on Ways and Means. screenings for members of the Armed Forces ABERCROMBIE, Ms. BERKLEY, Mr. 1369. A letter from the Chief, Publications who are deployed in connection with a con- BRADY of Pennsylvania, Mr. COHEN, and Regulations, Internal Revenue Service, tingency operation, and for other purposes; Mr. HARE, Mr. HINCHEY, Ms. HIRONO, transmitting the Service’s final rule — to the Committee on Armed Services, and in Mr. HOLT, Mrs. MALONEY, Mr. GEORGE Qualified School Construction Bond Alloca- addition to the Committee on Veterans’ Af- MILLER of California, Mr. PAYNE, Mr. tions for 2009 [Notice 2009-35] received April fairs, for a period to be subsequently deter- ROTHMAN of New Jersey, Ms. 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to mined by the Speaker, in each case for con- SCHAKOWSKY, Ms. SHEA-PORTER, Mr. the Committee on Ways and Means. sideration of such provisions as fall within YARMUTH, and Mr. MCGOVERN): 1370. A letter from the Chief, Publications the jurisdiction of the committee concerned. H.R. 2067. A bill to amend the Occupational and Regulations, Internal Revenue Service, By Mr. FOSTER: Safety and Health Act of 1970 to expand cov- transmitting the Service’s final rule — H.R. 2059. A bill to amend title 10, United erage under the Act, to increase protections Qualified Zone Academy Bond Allocations States Code, to provide for the payment of for whistleblowers, to increase penalties for for 2008 and 2009 [Notice 2009-30] received monthly annuities under the Survivor Ben- certain violators, and for other purposes; to April 8, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); efit Plan to a supplemental or special needs the Committee on Education and Labor. to the Committee on Ways and Means. trust established for the sole benefit of a dis- By Mr. THOMPSON of California (for 1371. A letter from the Chief, Publications abled dependent child of a participant in the himself, Mr. STUPAK, Mr. TERRY, and and Regulations, Internal Revenue Service, Survivor Benefit Plan; to the Committee on Mr. SAM JOHNSON of Texas): transmitting the Service’s final rule — Pre- Armed Services. H.R. 2068. A bill to improve the provision of mium assistance for COBRA benefits [Notice By Mr. LARSON of Connecticut (for telehealth services under the Medicare Pro- 2009-27] received April 8, 2009, pursuant to 5 himself, Mr. MILLER of North Caro- gram, to provide grants for the development

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\L23AP7.000 H23APPT1 wwoods2 on PRODPC68 with HOUSE H4732 CONGRESSIONAL RECORD — HOUSE April 23, 2009 of telehealth networks, and for other pur- census is taken shall be attributed to the of express mail services to transmit the bal- poses; to the Committee on Energy and Com- place that was such individual’s last usual lot to the official, and for other purposes; to merce, and in addition to the Committee on place of residence before such individual’s in- the Committee on House Administration. Ways and Means, for a period to be subse- carceration began; to the Committee on By Mr. HUNTER (for himself, Mr. POE quently determined by the Speaker, in each Oversight and Government Reform. of Texas, Mr. BILBRAY, Mr. case for consideration of such provisions as By Mr. GRIJALVA (for himself, Mr. MARCHANT, Mr. ROYCE, Mr. CAMP- fall within the jurisdiction of the committee BACA, Mr. BRADY of Pennsylvania, BELL, Mr. ROHRABACHER, Mr. ALEX- concerned. Mr. HINCHEY, Mrs. CAPPS, Mr. ANDER, Mr. CALVERT, Mr. AKIN, Mr. By Mr. HOEKSTRA: BLUMENAUER, Mr. REYES, Ms. LINDA GARY G. MILLER of California, and H.R. 2069. A bill to amend the Internal Rev- T. SA´ NCHEZ of California, Mr. ORTIZ, Mr. FRANKS of Arizona): enue Code of 1986 to provide a credit for the and Ms. ROYBAL-ALLARD): H.R. 2083. A bill to secure smuggling routes purchase of new motor vehicles; to the Com- H.R. 2076. A bill to provide for the estab- on the U.S.-Mexico border, better prevent mittee on Ways and Means. lishment of a border protection strategy for the smuggling of narcotics and weapons By Ms. CLARKE (for herself, Mrs. the international land borders of the United across the border, and for other purposes; to LOWEY, Mr. THOMPSON of Mississippi, States, to address the ecological and envi- the Committee on the Judiciary, and in addi- Mr. HOLT, and Mr. LANGEVIN): ronmental impacts of border security infra- tion to the Committees on Homeland Secu- H.R. 2070. A bill to amend the Homeland structure, measures, and activities along the rity, and Education and Labor, for a period Security Act of 2002 to secure domestic international land borders of the United to be subsequently determined by the Speak- sources of radiological materials that could States, and for other purposes; to the Com- er, in each case for consideration of such pro- be used to make a radiological dispersion de- mittee on Homeland Security, and in addi- visions as fall within the jurisdiction of the vice against access by terrorists, and for tion to the Committees on Armed Services, committee concerned. other purposes; to the Committee on Energy and Agriculture, for a period to be subse- By Mr. KENNEDY (for himself, Mr. and Commerce, and in addition to the Com- quently determined by the Speaker, in each STEARNS, and Mr. MCGOVERN): mittee on Homeland Security, for a period to case for consideration of such provisions as H.R. 2084. A bill to increase awareness of be subsequently determined by the Speaker, fall within the jurisdiction of the committee and research on autoimmune diseases, which in each case for consideration of such provi- concerned. are a major women’s health problem, affect sions as fall within the jurisdiction of the By Mr. GUTIERREZ (for himself, Mrs. as many as 23.5 million Americans, and en- committee concerned. NAPOLITANO, Mr. LIPINSKI, Mr. compass more than 100 interrelated diseases, By Ms. CLARKE: GRIJALVA, and Mr. ROTHMAN of New such as lupus, multiple sclerosis, rheumatoid H.R. 2071. A bill to require that, in the Jersey): arthritis, Sjogren’s syndrome, polymyositis, questionnaires used in the taking of any de- H.R. 2077. A bill to amend the Worker Ad- pemphigus, myasthenia gravis, Wegener’s cennial census of population, a checkbox or justment and Retraining Notification Act to granulomatosis, psoriasis, celiac disease, other similar option be included so that re- require notifications under that Act for mass autoimmune platelet disorders, scleroderma, spondents may indicate Caribbean extrac- layoffs that occur at more than one site of alopecia areata, vitiligo, autoimmune thy- tion or descent; to the Committee on Over- an employer and to increase penalties for roid disease, and sarcoidosis, and for other sight and Government Reform. violation of the Act; to the Committee on purposes; to the Committee on Energy and By Mrs. BACHMANN (for herself, Mr. Education and Labor. Commerce. COOPER, Mr. PITTS, Mr. FRANKS of Ar- By Mr. HASTINGS of Florida (for him- By Mr. LEWIS of Georgia (for himself, izona, Mr. TIAHRT, Mr. LAMBORN, Mr. self and Mr. GRIJALVA): Mr. OBERSTAR, Mr. ELLISON, Mr. BARTLETT, Mrs. BLACKBURN, Mr. H.R. 2078. A bill to establish a commission STARK, Mr. MCDERMOTT, Mr. PAYNE, HERGER, Mr. PENCE, Mrs. EMERSON, to study employment and economic insecu- Mr. RUSH, Mr. FATTAH, Ms. BALDWIN, Mr. PAUL, Ms. GINNY BROWN-WAITE of rity in the United States workforce; to the Mr. MCGOVERN, and Mr. HOLT): Florida, Mr. GARRETT of New Jersey, Committee on Education and Labor. H.R. 2085. A bill to affirm the religious Mr. CANTOR, Mr. SAM JOHNSON of By Ms. HIRONO (for herself, Mr. ABER- freedom of taxpayers who are conscien- Texas, Mr. BROWN of South Carolina, CROMBIE, Ms. BORDALLO, Mr. tiously opposed to participation in war, to Ms. FALLIN, Mr. MARCHANT, Mr. FALEOMAVAEGA, Mr. HONDA, Ms. MAT- provide that the income, estate, or gift tax CAMPBELL, and Mr. KING of Iowa): SUI, Mr. WU, Mr. SABLAN, Ms. RICH- payments of such taxpayers be used for non- H.R. 2072. A bill to authorize States to use ARDSON, Mr. SCOTT of Virginia, and military purposes, to create the Religious funds provided for the Chafee Foster Care Mr. AL GREEN of Texas): Freedom Peace Tax Fund to receive such tax Independence Program to provide vouchers H.R. 2079. A bill to authorize the Secretary payments, to improve revenue collection, to cover tuition costs at private schools, and of the Interior to conduct a special resources and for other purposes; to the Committee on transportation costs to and from public study of the Honouliuli Internment Camp Ways and Means. schools, of foster children of all ages; to the site in the State of Hawaii, to determine the By Mrs. LOWEY: Committee on Ways and Means. suitability and feasibility of establishing a H.R. 2086. A bill to amend the Federal By Mrs. CAPITO: unit of the National Park System; to the Food, Drug, and Cosmetic Act to require H.R. 2073. A bill to amend title 23, United Committee on Natural Resources. that foods containing spices, flavoring, or States Code, to permit the State of West Vir- By Mr. HODES: coloring derived from meat, poultry, or other ginia to allow the operation of certain vehi- H.R. 2080. A bill to amend the Internal Rev- animal products (including insects) bear la- cles for the hauling of coal and coal by-prod- enue Code of 1986 to extend the credit for beling stating that fact and their names; to ucts on Interstate Route 77 in Kanawha nonbusiness energy property and to include the Committee on Energy and Commerce. County, West Virginia; to the Committee on biomass heating appliances in energy-effi- By Mrs. LOWEY: Transportation and Infrastructure. cient building property; to the Committee on H.R. 2087. A bill to amend the Federal By Ms. DELAURO (for herself, Ms. Ways and Means. Food, Drug, and Cosmetic Act relating to LINDA T. SA´ NCHEZ of California, Mr. By Mr. HOLT (for himself, Mr. POLIS of freshness dates on food; to the Committee on POLIS of Colorado, Ms. KILROY, Ms. Colorado, Mr. KIND, Ms. SUTTON, Mr. Energy and Commerce. CLARKE, Mr. RANGEL, Mr. BAIRD, Mr. SOUDER, Mr. HINCHEY, Mr. By Mrs. LOWEY: MCDERMOTT, Ms. SCHAKOWSKY, Mr. INSLEE, Ms. HIRONO, Ms. BORDALLO, H.R. 2088. A bill to require the Food and RYAN of Ohio, Mr. SERRANO, Mr. Mr. CARNAHAN, Mr. SESTAK, and Mrs. Drug Administration to finalize a standard HARE, Mr. LEWIS of Georgia, Mr. CAPPS): for broad-spectrum protection in sunscreen FATTAH, Mr. MICHAUD, Ms. ZOE H.R. 2081. A bill to amend the Elementary products, and for other purposes; to the Com- LOFGREN of California, Ms. NORTON, and Secondary Education Act of 1965 to es- mittee on Energy and Commerce. Mr. FARR, Mr. CONYERS, Ms. tablish a partnership between the Depart- By Mrs. MALONEY (for herself, Mr. BORDALLO, Mr. HINOJOSA, Ms. JACK- ment of Education and the National Park ACKERMAN, Mr. BERMAN, and Mr. HIG- SON-LEE of Texas, Mrs. MALONEY, Mr. Service to provide educational opportunities GINS): KENNEDY, Mrs. LOWEY, Ms. BALDWIN, for students and teachers; to the Committee H.R. 2089. A bill to authorize the Secretary and Mr. HASTINGS of Florida): on Education and Labor. of Education to award grants to educational H.R. 2074. A bill to provide effective em- By Mr. HOLT: organizations to carry out educational pro- ployment, training, and career and technical H.R. 2082. A bill to amend the Uniformed grams about the Holocaust; to the Com- education programs and to address barriers and Overseas Citizens Absentee Voting Act mittee on Education and Labor. that result from family responsibilities, and to require States to accept absentee ballots By Mr. MCHUGH (for himself, Mrs. to encourage and support individuals to of overseas military and civilian voters MALONEY, Mr. ARCURI, Mr. CHAFFETZ, enter nontraditional occupational fields; to which are submitted by the voter to a pro- Mr. MASSA, Mr. LEE of New York, Mr. the Committee on Education and Labor. vider of express mail services not later than SERRANO, Mr. HIGGINS, Mr. MCMAHON, By Mr. GENE GREEN of Texas: the day before the date of the election in- Mr. ISRAEL, Mr. KING of New York, H.R. 2075. A bill to amend title 13, United volved for transmission to the appropriate Mrs. LOWEY, Mr. ENGEL, and Mr. States Code, to require that, for purposes of State election official, to require the Sec- HALL of New York): any decennial census, any individual who is retary of Defense to reimburse overseas mili- H.R. 2090. A bill to designate the facility of incarcerated as of the date on which such tary voters for the costs of using a provider the United States Postal Service located at

VerDate Nov 24 2008 01:08 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\L23AP7.100 H23APPT1 wwoods2 on PRODPC68 with HOUSE April 23, 2009 CONGRESSIONAL RECORD — HOUSE H4733 431 State Street in Ogdensburg, New York, as tion of the bicentennial of the writing of the celebration of the Nation’s largest youth the ‘‘Frederic Remington Post Office Build- Star-Spangled Banner, and for other pur- scouting organization’s 100th anniversary; to ing’’; to the Committee on Oversight and poses; to the Committee on Financial Serv- the Committee on Oversight and Govern- Government Reform. ices. ment Reform. By Mr. MORAN of Virginia: By Mr. TANNER (for himself, Mr. By Mr. HINOJOSA (for himself, Mr. H.R. 2091. A bill to amend the Internal Rev- LARSON of Connecticut, and Mr. BACA, Mrs. BACHMANN, Mr. BACHUS, enue Code of 1986 to impose a retail tax on BOUSTANY): Mr. BECERRA, Mrs. BIGGERT, Mr. single-use carryout bags, and for other pur- H.R. 2098. A bill to amend the Internal Rev- BILBRAY, Mr. CAMPBELL, Mrs. CAPITO, poses; to the Committee on Ways and Means, enue Code of 1986 to extend the look-through Mr. CAPUANO, Mr. CARDOZA, Mr. CAS- and in addition to the Committee on Natural treatment of payments between related con- TLE, Mr. CONYERS, Mr. COSTA, Mr. Resources, for a period to be subsequently trolled foreign corporations; to the Com- CUELLAR, Mr. DAVIS of Kentucky, Mr. determined by the Speaker, in each case for mittee on Ways and Means. DREIER, Mr. EHLERS, Ms. FUDGE, Mr. consideration of such provisions as fall with- By Mr. YOUNG of Alaska (for himself, GARRETT of New Jersey, Mr. GER- in the jurisdiction of the committee con- Mr. SHULER, Mr. FALEOMAVAEGA, Mr. LACH, Mr. GONZALEZ, Mr. AL GREEN of cerned. ABERCROMBIE, Mr. BOREN, and Mr. Texas, Mr. BARRETT of South Caro- By Ms. NORTON: KENNEDY): lina, Mr. GRIJALVA, Mr. GUTIERREZ, H.R. 2092. A bill to amend the National H.R. 2099. A bill to provide for the settle- Mr. HIMES, Mr. HODES, Ms. JENKINS, Children’s Island Act of 1995 to expand allow- ment of certain claims under the Alaska Na- Ms. EDDIE BERNICE JOHNSON of Texas, able uses for Kingman and Heritage Islands tive Claims Settlement Act, and for other Mr. JONES, Mr. KING of New York, by the District of Columbia, and for other purposes; to the Committee on Natural Re- purposes; to the Committee on Oversight and Mr. LEE of New York, Mr. LEWIS of sources. Georgia, Mr. LUJA´ N, Mr. MARCHANT, Government Reform. By Mr. FARR (for himself and Mr. By Mr. PALLONE (for himself, Mr. Mrs. MCCARTHY of New York, Mr. BLUNT): MCCOTTER, Mr. MCHENRY, Mr. MEEKS ACKERMAN, Mr. ADLER of New Jersey, H. Con. Res. 105. Concurrent resolution ex- of New York, Mr. MOORE of Kansas, Mr. BERMAN, Mr. BILBRAY, Mr. pressing support for designation of the week Mr. MURTHA, Mrs. NAPOLITANO, Mr. BISHOP of New York, Ms. BORDALLO, beginning on the second Saturday in May as NEUGEBAUER, Mr. ORTIZ, Mr. PASTOR Mrs. CAPPS, Mrs. CHRISTENSEN, Mr. ‘‘National Travel and Tourism Week’’; to the of Arizona, Mr. PIERLUISI, Mr. PRICE HALL of New York, Ms. HARMAN, Mr. Committee on Energy and Commerce. of Georgia, Mr. PUTNAM, Mr. REYES, ISRAEL, Mr. KING of New York, Mr. By Mr. BRIGHT (for himself and Mr. Mr. RODRIGUEZ, Mr. ROSKAM, Ms. KIRK, Mr. KLEIN of Florida, Mrs. TERRY): ROYBAL-ALLARD, Mr. ROYCE, Mr. LOWEY, Mrs. MALONEY, Mr. MCIN- H. Con. Res. 106. Concurrent resolution ex- SABLAN, Mr. SALAZAR, Ms. LINDA T. TYRE, Mr. GEORGE MILLER of Cali- pressing the sense of Congress in support of SA´ NCHEZ of California, Mr. SERRANO, fornia, Mr. ROTHMAN of New Jersey, a single national fuel economy standard; to Mr. SESSIONS, Mr. SIRES, Ms. Mr. SERRANO, Mr. SESTAK, Mr. WAX- the Committee on Energy and Commerce. VELA´ ZQUEZ, Ms. WATSON, Mr. MAN- MAN, and Mr. WEINER): By Ms. LEE of California (for herself, ZULLO, Mr. PAULSEN, and Mr. H.R. 2093. A bill to amend the Federal Mr. MCGOVERN, Mr. MEEKS of New Water Pollution Control Act relating to HENSARLING): York, Ms. KILPATRICK of Michigan, H. Res. 357. A resolution supporting the beach monitoring, and for other purposes; to Mr. MCDERMOTT, Ms. BALDWIN, and the Committee on Transportation and Infra- goals and ideals of Financial Literacy Month Mrs. CHRISTENSEN): 2009, and for other purposes; to the Com- structure. H. Con. Res. 107. Concurrent resolution By Mr. PASCRELL (for himself, Mr. mittee on Financial Services. supporting the goals and ideals of ‘‘National By Ms. GINNY BROWN-WAITE of Flor- MORAN of Kansas, and Mr. YOUNG of STD Awareness Month’’; to the Committee Alaska): ida: on Energy and Commerce. H. Res. 358. A resolution supporting the H.R. 2094. A bill to amend title XVIII of the By Mrs. MALONEY (for herself, Ms. Social Security Act to increase the per resi- goals and ideals of National Adoption Day BALDWIN, and Mrs. BIGGERT): dent payment floor for direct graduate med- and National Adoption Month by promoting H. Con. Res. 108. Concurrent resolution ex- national awareness of adoption and the chil- ical education payments under the Medicare pressing the sense of Congress that the Shi Program; to the Committee on Ways and dren in foster care awaiting families, cele- ’ite Personal Status Law in Afghanistan vio- brating children and families involved in Means, and in addition to the Committee on lates the fundamental human rights of Energy and Commerce, for a period to be adoption, recognizing current programs and women and should be repealed; to the Com- subsequently determined by the Speaker, in efforts designed to promote adoption, and en- mittee on Foreign Affairs. each case for consideration of such provi- couraging people in the United States to By Mr. HALL of Texas (for himself, Mr. sions as fall within the jurisdiction of the seek improved safety, permanency, and well- SKELTON, Mr. ROSS, Mr. WALDEN, Mr. committee concerned. being for all children; to the Committee on AKIN, Mr. LARSEN of Washington, Mr. By Mr. PAYNE (for himself, Mr. COHEN, Ways and Means. DUNCAN, Mr. EDWARDS of Texas, Mr. Mr. DAVIS of Illinois, Ms. LEE of Cali- By Mr. LATOURETTE: DANIEL E. LUNGREN of California, Mr. fornia, Mr. BISHOP of Georgia, Ms. H. Res. 359. A resolution providing for the RODRIGUEZ, Mr. EHLERS, Mr. MURTHA, CLARKE, Mr. RUSH, and Mrs. consideration of the resolution (H. Res. 251) Mr. BLUNT, Mrs. EMERSON, Ms. CHRISTENSEN): directing the Secretary of the Treasury to H.R. 2095. A bill to authorize grants for BORDALLO, Mrs. BLACKBURN, Mr. transmit to the House of Representatives all programs that provide support services to CARNAHAN, Mr. WILSON of South information in his possession relating to spe- exonerees; to the Committee on the Judici- Carolina, Mrs. BACHMANN, Mr. COBLE, cific communications with American Inter- ary. Mr. ETHERIDGE, Mr. SCOTT of Vir- national Group, Inc. (AIG); to the Committee By Mr. POMEROY (for himself, Mr. ginia, Ms. JACKSON-LEE of Texas, Mr. on Rules. BOUSTANY, Ms. SCHWARTZ, and Ms. HUNTER, Mr. JONES, Mr. OLSON, Mr. By Mr. ROE of Tennessee (for himself, GINNY BROWN-WAITE of Florida): LATTA, Mr. KING of New York, Mr. Ms. BORDALLO, Mr. GINGREY of Geor- H.R. 2096. A bill to amend the Internal Rev- JORDAN of Ohio, Mr. MARCHANT, Mr. gia, Mr. WAMP, Mr. JONES, Mr. CAL- enue Code of 1986 to allow long-term care in- DELAHUNT, Mr. LAMBORN, Mr. VERT, Mr. CHAFFETZ, Mr. LATTA, Mr. surance to be offered under cafeteria plans COURTNEY, Mr. MARSHALL, Mr. GORDON of Tennessee, Mr. SCALISE, and flexible spending arrangements and to MCMAHON, Mr. CHAFFETZ, Mr. Mr. BOOZMAN, Mr. LAMBORN, Ms. provide additional consumer protections for FORTENBERRY, Mr. SESTAK, Mr. ACK- GRANGER, Mr. BILBRAY, Mr. ALEX- long-term care insurance; to the Committee ERMAN, Mr. BARTON of Texas, Mr. ANDER, and Mr. BUYER): on Ways and Means. CALVERT, Mr. PUTNAM, Mr. WOLF, Mr. H. Res. 360. A resolution urging all Ameri- By Mr. RUPPERSBERGER (for him- SESSIONS, Mr. THOMPSON of Pennsyl- cans and people of all nationalities to visit self, Mr. HOYER, Mr. CUMMINGS, Mr. vania, Mr. PERRIELLO, Ms. WATSON, the national cemeteries, memorials, and SARBANES, Mr. KRATOVIL, Mr. VAN Mr. SMITH of New Jersey, Mr. markers on Memorial Day; to the Committee HOLLEN, Ms. EDWARDS of Maryland, FALEOMAVAEGA, Mr. BURGESS, Mr. on Veterans’ Affairs. Mr. BARTLETT, Ms. BORDALLO, Mr. CLEAVER, Mr. DENT, Mr. HOLT, Mr. By Ms. ROS-LEHTINEN (for herself, BISHOP of Utah, Mr. MCCAUL, Mr. ROHRABACHER, Mr. ROYCE, Mr. NEAL Mr. MEEK of Florida, Mr. HASTINGS of BOCCIERI, Mr. BILIRAKIS, Mr. SHU- of Massachusetts, Mr. SCHIFF, Mr. Florida, and Mr. LINCOLN DIAZ- STER, Mrs. TAUSCHER, Mr. CHANDLER, GINGREY of Georgia, Mr. BISHOP of BALART of Florida): Mrs. MILLER of Michigan, Mr. WU, Georgia, Mr. CAO, Mrs. BONO MACK, H. Res. 361. A resolution recognizing the Ms. KILPATRICK of Michigan, Mr. Mr. GOHMERT, Mr. MORAN of Kansas, historical significance of Historic Virginia ROTHMAN of New Jersey, Mrs. Mr. PETRI, Mr. KISSELL, Mr. Key Beach Park of Miami, Florida; to the MYRICK, Mr. OBEY, Mr. SNYDER, Mr. CONAWAY, Mr. SIMPSON, Mr. REYES, Committee on Natural Resources. YOUNG of Florida, Mr. CALVERT, Mr. and Mr. RUSH): By Ms. WATSON (for herself, Ms. COBLE, and Mr. PITTS): H. Res. 356. A resolution expressing support BORDALLO, Mr. CAO, Ms. CASTOR of H.R. 2097. A bill to require the Secretary of for the designation of February 8, 2010, as Florida, Mr. COSTA, Mr. AL GREEN of the Treasury to mint coins in commemora- ‘‘Boy Scouts of Scouts of America Day’’, in Texas, Mr. GRIJALVA, Mr. HASTINGS

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of Florida, Mr. LARSEN of Wash- H.R. 734: Mr. THOMPSON of Pennsylvania, H.R. 1209: Mr. MCCOTTER. ington, Ms. LEE of California, Mr. Mr. MANZULLO, Mr. PLATTS, Mrs. H.R. 1210: Ms. HERSETH SANDLIN and Mr. MICHAUD, Mr. PIERLUISI, Mr. REYES, DAHLKEMPER, Mr. MARKEY of Massachusetts, PASTOR of Arizona. Mr. SERRANO, Mr. SESTAK, Mr. SMITH Mr. HASTINGS of Florida, and Mr. SCHIFF. H.R. 1215: Mr. POLIS of Colorado, Mr. of Washington, Mr. SIRES, Ms. EDDIE H.R. 739: Mr. GRIJALVA and Mrs. MALONEY. STARK, Mr. ELLISON, and Ms. WOOLSEY. BERNICE JOHNSON of Texas, Mrs. H.R. 745: Mr. FORBES. H.R. 1220: Mr. NEUGEBAUER and Mr. PITTS. NAPOLITANO, Mr. KILDEE, Ms. WA- H.R. 764: Mr. CULBERSON. H.R. 1228: Mr. TIAHRT. TERS, Ms. WASSERMAN SCHULTZ, Mr. H.R. 785: Mr. GRIFFITH. H.R. 1238: Mr. POSEY. ELLISON, Mr. CONNOLLY of Virginia, H.R. 795: Mr. OLVER, Mr. MOORE of Kansas, H.R. 1247: Mr. DAVIS of Illinois, Mr. Mr. GUTHRIE, Mr. CROWLEY, Ms. MAT- Mr. WEXLER, Mrs. NAPOLITANO, Ms. ROYBAL- WEXLER, and Mr. AL GREEN of Texas. SUI, Mr. FARR, Mr. DELAHUNT, Mrs. ALLARD, Ms. KAPTUR, and Mr. NYE. H.R. 1249: Ms. CASTOR of Florida. TAUSCHER, and Mr. GRAYSON): H.R. 796: Mr. BISHOP of Utah, Ms. SLAUGH- H.R. 1250: Mrs. BACHMANN. H. Res. 362. A resolution expressing the TER, Mr. LATOURETTE, Mr. TIM MURPHY of H.R. 1255: Mr. CAO, Mr. BOOZMAN, and Mr. support of the House of Representatives for Pennsylvania, Mrs. MCCARTHY of New York, LEWIS of Georgia. the goals and ideals of the National School Mr. DOYLE, and Mr. MORAN of Virginia. H.R. 1285: Mr. MARIO DIAZ-BALART of Flor- Lunch Program; to the Committee on Edu- H.R. 816: Mr. INSLEE, Ms. DELAURO, Ms. ida. cation and Labor. EDDIE BERNICE JOHNSON of Texas, Ms. MAR- H.R. 1302: Mr. BOOZMAN. By Ms. WOOLSEY (for herself, Ms. LEE KEY of Colorado, Mrs. CAPITO, and Mr. ELLS- H.R. 1308: Mr. YOUNG of Alaska, Mr. SMITH of California, Mr. MARKEY of Massa- WORTH. of Washington, and Mr. STARK. H.R. 836: Mr. SCOTT of Georgia, Mr. chusetts, Mr. CONYERS, and Ms. H.R. 1319: Mrs. BLACKBURN. LATOURETTE, Mr. MCCLINTOCK, Mr. PUTNAM, MOORE of Wisconsin): H.R. 1326: Mr. HINCHEY. H. Res. 363. A resolution calling for the Mr. GARY G. MILLER of California, Mr. H.R. 1332: Mr. KING of New York and Ms. adoption of a smart security platform for the WELCH, Mrs. SCHMIDT, Mr. DRIEHAUS, Mr. MARKEY of Colorado. 21st century; to the Committee on Foreign HERGER, Mr. PAYNE, Mrs. LUMMIS, Mr. H.R. 1337: Mr. OLVER. Affairs. MCMAHON, Mr. SOUDER, Mr. WEXLER, Mr. H.R. 1346: Mr. VISCLOSKY, Mr. MELANCON, HINOJOSA, Mr. LEE of New York, Mrs. MILLER and Mr. GERLACH. f of Michigan, and Mr. HONDA. H.R. 1351: Mr. THOMPSON of California. H.R. 840: Mr. PASTOR of Arizona, Ms. NOR- H.R. 1352: Mr. BOOZMAN, Mr. MANZULLO, ADDITIONAL SPONSORS TON, Mr. TIERNEY, and Mr. MORAN of Vir- and Mr. ALTMIRE. Under clause 7 of rule XII, sponsors ginia. H.R. 1361: Ms. KILPATRICK of Michigan, Mr. were added to public bills and resolu- H.R. 872: Mr. CONNOLLY of Virginia. KENNEDY, and Mr. FILNER. H.R. 873: Mr. PASTOR of Arizona. tions as follows: H.R. 1378: Ms. BALDWIN and Ms. ESHOO. H.R. 885: Mr. SCHIFF. H.R. 1382: Mr. HALL of New York. H.R. 22: Mr. LEE of New York, Mr. AL H.R. 886: Mr. JACKSON of Illinois, Mr. H.R. 1409: Mr. QUIGLEY. GREEN of Texas, Mr. POSEY, Ms. MATSUI, Mr. BISHOP of Georgia, Mr. CUMMINGS, and Mr. H.R. 1412: Ms. WOOLSEY and Mr. BISHOP of ETHERIDGE, and Mr. DOYLE. PAUL. Georgia. H.R. 23: Mr. KENNEDY, Mr. GOHMERT, Mr. H.R. 890: Mr. LANCE, Ms. WOOLSEY, Mr. H.R. 1426: Ms. JENKINS. MCGOVERN, Mr. MARCHANT, Ms. ROYBAL-AL- SESTAK, Mr. PERRIELLO, and Ms. LEE of Cali- H.R. 1431: Mr. CHAFFETZ, Mr. SOUDER, Mr. LARD, Mr. LATOURETTE, and Mr. SESTAK. fornia. CASSIDY, Mr. WESTMORELAND, Mr. CONAWAY, H.R. 47: Ms. MOORE of Wisconsin. H.R. 916: Ms. DEGETTE. Mrs. BACHMANN, Mr. MCCLINTOCK, Mr. H.R. 52: Mr. FRANK of Massachusetts. H.R. 959: Mr. MURTHA and Mr. BRADY of GINGREY of Georgia, Ms. FALLIN, Mr. PRICE H.R. 98: Mrs. MYRICK and Mr. ALTMIRE. Pennsylvania. of Georgia, Mrs. BLACKBURN, Mr. BROWN of H.R. 978: Ms. RICHARDSON. H.R. 104: Mr. CAPUANO, Ms. EDWARDS of South Carolina, Mr. GARRETT of New Jersey, H.R. 984: Mr. HINCHEY. Maryland, Ms. KAPTUR, Mrs. DAVIS of Cali- Mr. ROHRABACHER, Mr. NUNES, and Mr. SIMP- H.R. 995: Mr. BOREN, Mr. MCGOVERN, Ms. fornia, Mr. INSLEE, Mr. ANDREWS, Mr. AL SON. SHEA-PORTER, and Mr. MCDERMOTT. GREEN of Texas, Mr. FARR, Mr. SCHIFF, Mr. H.R. 1441: Mr. BURGESS. H.R. 1016: Mr. PASTOR of Arizona, Mr. DON- HARE, Mr. MORAN of Virginia, and Ms. WA- H.R. 1449: Mr. DAVIS of Tennessee and Mr. NELLY of Indiana, and Mr. LARSEN of Wash- TERS. PRICE of Georgia. ington. H.R. 111: Mr. TURNER. H.R. 1454: Mr. FORTENBERRY and Mr. GON- H.R. 1020: Ms. WOOLSEY, Ms. MOORE of Wis- H.R. 144: Mr. SABLAN, Mr. SIRES, and Mr. ZALEZ. consin, Ms. DELAURO, Ms. PINGREE of Maine, PAYNE. H.R. 1459: Mr. PAUL. Mr. BISHOP of New York, Mr. SMITH of Wash- H.R. 182: Ms. CLARKE. H.R. 1479: Mr. CARNAHAN, Ms. CLARKE, Mr. ington, Mr. RYAN of Ohio, Mr. KANJORSKI, H.R. 197: Mr. BACHUS, Mr. SHULER, and Mr. CONYERS, and Mr. CUMMINGS. Mrs. CHRISTENSEN, Mr. MCGOVERN, and Mr. YOUNG of Alaska. H.R. 1505: Ms. SCHAKOWSKY and Mr. ELLISON. H.R. 205: Mr. SENSENBRENNER and Mr. FORBES. H.R. 1021: Mr. POSEY. LUCAS. H.R. 1521: Mr. ALTMIRE and Ms. CLARKE. H.R. 1024: Mr. SMITH of Washington. H.R. 223: Mr. VISCLOSKY. HANDLER H.R. 1032: Ms. FALLIN. H.R. 1547: Mr. C , Mr. H.R. 265: Mr. LEWIS of Georgia. H.R. 1059: Mr. DUNCAN, Mr. CAO, and Mr. FORTENBERRY, Mr. REHBERG, Mr. WILSON of H.R. 272: Mr. SHULER, Mr. BONNER, Mr. ROE of Tennessee. Ohio, Mr. TIAHRT, Mr. PLATTS, Mr. CLAY, Mr. TURNER, and Mr. NYE. H.R. 1069: Mr. MORAN of Kansas and Mr. BISHOP of Georgia, Ms. DEGETTE, Ms. TITUS, H.R. 273: Mr. DAVIS of Alabama. HUNTER. Mr. BUTTERFIELD, Ms. CLARKE, Ms. MOORE of H.R. 275: Mr. ROYCE, Ms. FOXX, Mr. H.R. 1074: Mr. BURTON of Indiana and Mr. Wisconsin, Mr. ELLISON, Mr. SCOTT of Geor- BOOZMAN, and Ms. JENKINS. JONES. gia, Mr. AL GREEN of Texas, Mr. GRAYSON, H.R. 301: Ms. JENKINS. H.R. 1118: Mr. FLEMING. and Mr. WATT. H.R. 422: Mr. ISRAEL, Mr. RYAN of Ohio, and H.R. 1132: Mr. MASSA, Mr. BURTON of Indi- H.R. 1548: Ms. SCHWARTZ and Mr. Mrs. TAUSCHER. ana, Mr. ALTMIRE, Mr. REHBERG, Mr. YOUNG MCMAHON. H.R. 430: Mr. ALEXANDER. of Alaska, Mr. MARIO DIAZ-BALART of Flor- H.R. 1550: Mr. AL GREEN of Texas and Mr. H.R. 433: Mr. KAGEN and Mr. PAULSEN. ida, Ms. GRANGER, Mr. DUNCAN, Mr. TIAHRT, HALL of New York. H.R. 442: Mr. COLE. Mr. MICA, Mr. KIRK, Mr. MCHENRY, Mr. H.R. 1551: Ms. DEGETTE and Mr. COHEN. H.R. 444: Mr. WAMP, Mr. KING of New York, BLUNT, Mr. TIM MURPHY of Pennsylvania, H.R. 1557: Mr. MCINTYRE. Mr. BUTTERFIELD, and Mr. ALEXANDER. Mrs. TAUSCHER, Mr. GRAVES, Mr. GUTIERREZ, H.R. 1558: Mr. MURPHY of Connecticut. H.R. 463: Mr. HASTINGS of Florida and Mr. and Mr. ROSS. H.R. 1584: Mr. BISHOP of New York. CASTLE. H.R. 1136: Mr. NYE, Mr. CLEAVER, and Ms. H.R. 1604: Mr. SESTAK, Mr. BLUMENAUER, H.R. 475: Mr. MCDERMOTT. DEGETTE. and Mr. HIGGINS. H.R. 482: Mr. PAULSEN. H.R. 1142: Ms. BALDWIN. H.R. 1606: Mrs. CHRISTENSEN. H.R. 510: Mr. TIM MURPHY of Pennsylvania H.R. 1159: Mr. WEXLER. H.R. 1612: Mr. LEWIS of Georgia. and Mr. COURTNEY. H.R. 1180: Mr. BURTON of Indiana, Mr. H.R. 1618: Mrs. MALONEY. H.R. 521: Mr. PASTOR of Arizona. JONES, Ms. GRANGER, Mr. GOHMERT, and Mr. H.R. 1623: Mr. WOLF. H.R. 564: Ms. CLARKE. GARRETT of New Jersey. H.R. 1625: Mr. ROGERS of Kentucky. H.R. 626: Mr. PASTOR of Arizona. H.R. 1182: Mr. SESSIONS and Mr. MARCHANT. H.R. 1633: Ms. BORDALLO, Mr. PETERS, and H.R. 627: Mr. PIERLUISI, Mr. TONKO, Mr. H.R. 1189: Mr. ALEXANDER. Mr. CUMMINGS. QUIGLEY, Mr. LARSON of Connecticut, Mr. H.R. 1199: Mr. GARY G. MILLER of Cali- H.R. 1643: Mr. JACKSON of Illinois, Mr. NADLER of New York, Mr. BARROW, Mr. fornia. MOORE of Kansas, Mr. RUSH, Mr. THOMPSON CONNOLLY of Virginia, Ms. FUDGE, and Mr. H.R. 1204: Mr. KAGEN, Ms. HERSETH of Mississippi, Mr. PAYNE, Mr. CONNOLLY of TEAGUE. SANDLIN, and Ms. ROYBAL-ALLARD. Virginia, Mr. CARSON of Indiana, and Mr. H.R. 644: Mr. MITCHELL, Mr. ROTHMAN of H.R. 1207: Ms. JENKINS, Mr. GOHMERT, Mr. MCGOVERN. New Jersey, Mr. DOGGETT, and Mr. COHEN. INGLIS, Ms. KAPTUR, and Mr. JOHNSON of Illi- H.R. 1666: Mr. MCDERMOTT and Mr. H.R. 653: Mr. KILDEE. nois. CONNOLLY of Virginia.

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H.R. 1678: Mr. BROUN of Georgia and Mr. H.R. 1993: Mr. NYE, Mr. SKELTON, and Ms. H. Res. 331: Ms. BORDALLO, Mr. MITCHELL, RUSH. TITUS. Mr. ORTIZ, Ms. CORRINE BROWN of Florida, H.R. 1688: Mr. ALTMIRE, Mr. PLATTS, and H.R. 2003: Mr. MCDERMOTT and Mr. GRAY- Ms. MATSUI, Mr. DELAHUNT, Mr. GEORGE MIL- Mr. WELCH. SON. LER of California, Mr. THOMPSON of Cali- H.R. 1692: Mr. GERLACH and Mr. TIAHRT. H.R. 2038: Mr. CAMPBELL and Mr. HIMES. fornia, Mrs. NAPOLITANO, Mr. WEINER, Mr. H.R. 1708: Mr. HINCHEY, Mr. KUCINICH, and H.R. 2047: Ms. GIFFORDS. FILNER, and Mr. MORAN of Virginia. Mr. SCHRADER. H.R. 2049: Mr. LARSON of Connecticut and H. Res. 333: Ms. BALDWIN, Mr. FARR, Ms. H.R. 1712: Mr. FLEMING and Mr. ALEX- Mr. SESSIONS. EDDIE BERNICE JOHNSON of Texas, and Mr. ANDER. H.J. Res. 42: Mr. BLUNT, Mr. MCINTYRE, Mr. MICHAUD. H.R. 1717: Mr. CAMP. ROGERS of Alabama, Mr. MCHUGH, Mr. DUN- H. Res. 337: Mr. CASSIDY, Mr. FRANKS of Ar- H.R. 1728: Ms. SUTTON, Mr. MEEK of Flor- CAN, Mr. ROONEY, Mr. MILLER of Florida, and izona, Mr. SIMPSON, Mr. ROE of Tennessee, ida, and Mr. BACA. Mr. GOODLATTE. Mr. LEE of New York, Ms. CLARKE, Ms. H.R. 1733: Mr. ORTIZ and Mr. MICHAUD. H. Con. Res. 20: Mr. GRIJALVA and Mr. HIRONO, Mr. MARIO DIAZ-BALART of Florida, H.R. 1740: Mr. PAULSEN, Mr. BACHUS, Mr. YARMUTH. Ms. SLAUGHTER, Mr. SNYDER, Ms. FALLIN, KAGEN, and Mr. HELLER. H. Con. Res. 49: Mr. BOREN, Mr. ROGERS of and Ms. SPEIER. H.R. 1741: Mr. GRIJALVA. Michigan, Mr. MARCHANT, Mr. VISCLOSKY, H. Res. 341: Ms. HIRONO, Mr. CARSON of In- H.R. 1744: Mr. SHIMKUS, Mr. SCHOCK, Mr. Mr. PENCE, Mr. KISSELL, Mr. LEWIS of Geor- diana, Mr. CONNOLLY of Virginia, Mr. BRALEY BERRY, Mr. KIRK, Mr. TERRY, and Mr. gia, Mr. OLSON, Mr. BARTLETT, and Ms. MAR- of Iowa, Mr. MCMAHON, Ms. KILROY, Mr. ETHERIDGE. KEY of Colorado. ELLSWORTH, Mr. MASSA, Mr. POLIS of Colo- H.R. 1748: Mr. MOORE of Kansas and Mr. H. Con. Res. 102: Mr. HASTINGS of Florida, rado, Mr. ROSS, Mr. KAGEN, Mr. BERRY, Mrs. WALZ. Ms. BORDALLO, Mr. GRAYSON, and Mr. MEEKS KIRKPATRICK of Arizona, Mr. TOWNS, Mr. H.R. 1751: Mr. REYES. of New York. LYNCH, Mr. BUTTERFIELD, Mr. PETERSON, Mr. ELAHUNT H.R. 1758: Mr. HARE. H. Res. 22: Mr. D . BOYD, and Mr. QUIGLEY. H. Res. 44: Mr. JONES. H.R. 1775: Mr. ROSS, Mr. COSTELLO, Mr. H. Res. 342: Mr. BOUSTANY, Mr. ROGERS of H. Res. 85: Mr. CAMPBELL. PERRIELLO, Mr. CONYERS, Mr. HASTINGS of Michigan, Mr. ROHRABACHER, Mr. SMITH of H. Res. 109: Mr. CARDOZA. Florida, Mr. SABLAN, and Ms. MATSUI. New Jersey, Mr. ADERHOLT, Mr. EHLERS, Mr. H. Res. 111: Mr. GRIFFITH, Mr. STEARNS, H.R. 1782: Mr. CUMMINGS. MCCOTTER, Mr. YOUNG of Alaska, Mr. LIN- Mr. LATTA, Mr. KISSELL, Mr. FLEMING, and H.R. 1800: Ms. SCHAKOWSKY. COLN DIAZ-BALART of Florida, Ms. LORETTA Mr. MILLER of North Carolina. H.R. 1802: Mr. FLEMING. SANCHEZ of California, Ms. BORDALLO, Mr. H. Res. 133: Mr. CONNOLLY of Virginia, Mr. H.R. 1829: Ms. SCHWARTZ, Mr. WEXLER, and CARNEY, Mr. OLSON, Mr. HONDA, Mr. BILI- BACA, Mr. ROTHMAN of New Jersey, Mr. Mr. DENT. RAKIS, Mr. HUNTER, Mr. POSEY, Mr. LAMBORN, SESTAK, and Mr. TONKO. H.R. 1835: Mr. MCINTYRE. Mr. MCCLINTOCK, Mr. ABERCROMBIE, Mr. CAL- H. Res. 199: Mr. LAMBORN and Mr. MCKEON. H.R. 1836: Mr. MCINTYRE. VERT, Mr. LEWIS of California, Mr. MCKEON, H. Res. 204: Mr. DOGGETT, Mr. MCCAUL, H.R. 1844: Mr. WITTMAN. Mr. BACHUS, Mr. ROE of Tennessee, Mr. Mrs. BLACKBURN, Mr. SULLIVAN, Mr. STUPAK, H.R. 1869: Mr. AL GREEN of Texas, Mrs. PAULSEN, Mr. LUETKEMEYER, Mr. YOUNG of Mr. BUTTERFIELD, and Mr. TIM MURPHY of CHRISTENSEN, Mr. DAVIS of Illinois, Ms. MAT- Pennsylvania. Florida, Mr. TIBERI, Mr. DENT, Mr. SUI, Mr. GRIJALVA, Mr. SABLAN, Mr. H. Res. 215: Mr. ABERCROMBIE and Mr. AL HENSARLING, Mr. THORNBERRY, Mr. CARTER, PIERLUISI, Ms. DELAURO, Mr. LOEBSACK, Mr. GREEN of Texas. Mr. SAM JOHNSON of Texas, Mr. NEUGEBAUER, FARR, and Mr. OLVER. H. Res. 230: Mr. PASTOR of Arizona. Mr. CULBERSON, Mr. POE of Texas, Mr. WIL- H.R. 1870: Ms. LEE of California. H. Res. 249: Mr. MCHUGH. SON of South Carolina, Mr. REICHERT, Mr. H.R. 1881: Ms. ROYBAL-ALLARD, Mr. H. Res. 252: Mr. ANDREWS, Mr. FARR, Ms. MILLER of Florida, Mr. FORBES, Mr. HELLER, CONNOLLY of Virginia, Mr. LEWIS of Georgia, DEGETTE, Mr. RANGEL, Mr. HOYER, Mr. Mr. LATTA, Mr. HARPER, Mrs. LUMMIS, Mr. Mr. PIERLUISI, Mr. NADLER of New York, COURTNEY, and Mr. BARTLETT. DREIER, Mr. SENSENBRENNER, Mr. ROONEY, Mrs. MALONEY, Mr. JOHNSON of Georgia, Ms. H. Res. 260: Mr. GORDON of Tennessee, Mr. Mr. AUSTRIA, Mr. ROYCE, Mr. ROSKAM, Mr. CORRINE BROWN of Florida, Mr. ABERCROMBIE, DEFAZIO, Mr. BERMAN, and Mr. ALEXANDER. COSTA, Mr. LANCE, Ms. FOXX, Mr. WOLF, Mr. Mr. SMITH of Washington, Mr. AL GREEN of H. Res. 283: Mr. ALTMIRE. GUTHRIE, Mr. BONNER, Mr. CASSIDY, Mr. Texas, Mr. SCOTT of Virginia, Mr. CUMMINGS, H. Res. 299: Mr. TIERNEY, Mr. CAPUANO, Mr. FLEMING, Mr. ALEXANDER, Mr. REHBERG, Mr. Mr. MCDERMOTT, Mr. SCHIFF, and Mr. DIN- KUCINICH, Mr. DRIEHAUS, Mr. FATTAH, Mr. CHAFFETZ, Mr. SCALISE, Ms. ROYBAL-ALLARD, GELL. OLVER, Mr. GUTIERREZ, Mr. HODES, Mr. Mr. SABLAN, Mr. AL GREEN of Texas, and H.R. 1894: Mr. HASTINGS of Florida, Mrs. HONDA, Mr. HOYER, Ms. EDDIE BERNICE JOHN- Mrs. EMERSON. DAHLKEMPER, and Mr. ALTMIRE. SON of Texas, Mr. KENNEDY, Mrs. MALONEY, H. Res. 353: Mr. COHEN, Mr. PRICE of North H.R. 1910: Mr. MCMAHON, Mr. MASSA, and Mr. MARKEY of Massachusetts, Ms. MCCOL- Carolina, and Mr. HONDA. Ms. ESHOO. LUM, Mr. MCGOVERN, Ms. MOORE of Wis- H.R. 1912: Mr. MCMAHON, Mr. MASSA, and consin, Mr. ORTIZ, Mr. PAYNE, Ms. LINDA T. f Mr. KIND. SA´ NCHEZ of California, Ms. SCHAKOWSKY, Ms. H.R. 1913: Mr. LANGEVIN, Mr. KLEIN of Flor- SPEIER, Ms. TSONGAS, Ms. WATSON, Mr. PETITIONS, ETC. ida, Mr. SHERMAN, Ms. PINGREE of Maine, Mr. WELCH, Mr. HASTINGS of Florida, Mr. INSLEE, Mr. SNYDER, Mr. DAVIS of Illinois, CUELLAR, Mr. SERRANO, Mr. BUTTERFIELD, Under clause 3 of rule XII, Mr. WAXMAN, Mr. DOYLE, Ms. HARMAN, Mr. Mr. MCHUGH, and Mr. FLEMING. 33. The SPEAKER presented a petition of ROTHMAN of New Jersey, Mr. COOPER, Mr. H. Res. 300: Mr. BOSWELL, Mr. HALL of the San Francisco Immigrant Rights Com- HINCHEY, and Mr. MCDERMOTT. Texas, Ms. JACKSON-LEE of Texas, Mr. mission, relative to Resolution #09-00004 sup- H.R. 1920: Mr. BURTON of Indiana, and Mr. MCCARTHY of California, and Mr. SERRANO. porting the passage of the Uniting American SCHOCK. H. Res. 311: Mr. MCDERMOTT and Mr. Families Act authored by Senators Leahy H.R. 1933: Mr. MCINTYRE. KAGEN. (D-VT) and Representative Nadler (D-NY); H.R. 1941: Mr. CHAFFETZ and Ms. BERKLEY. H. Res. 321: Mrs. NAPOLITANO, and Mr. which was referred to the Committee on the H.R. 1964: Mr. KING of New York. LUJA´ N. Judiciary.

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Vol. 155 WASHINGTON, THURSDAY, APRIL 23, 2009 No. 60 Senate The Senate met at 9:31 a.m. and was Mrs. GILLIBRAND thereupon as- As I announced earlier, we are going called to order by the Honorable sumed the chair as Acting President to turn to the House message with re- KIRSTEN E. GILLIBRAND, a Senator from pro tempore. spect to the budget resolution, which is the State of New York. f basically an apparatus to get us to con- ference on this matter, and we will do RECOGNITION OF THE MAJORITY PRAYER that sometime this afternoon. Senator LEADER The Chaplain, Dr. Barry C. Black, of- MCCONNELL and I have to go to the fered the following prayer: The ACTING PRESIDENT pro tem- White House this afternoon, so we will Let us pray. pore. The majority leader is recog- have all that worked out before we go Loving Lord, who rules the raging of nized. down there. Senators should be pre- the sea, make us aware of how near f pared for votes in relation to the mo- You are to us at all times. May this MEASURE PLACED ON THE tions to instruct conferees this after- knowledge bring us peace and inspire CALENDAR—H.R. 1664 noon. us to look to You for guidance. Refresh Mr. REID. Madam President, it is my our Senators with Your spirit. Quicken f their thinking and reinforce their judg- belief that H.R. 1664 is due for a second ment. Empower them to conserve and reading and is at the desk. UNANIMOUS CONSENT REQUESTS— strengthen the best and holiest of our The ACTING PRESIDENT pro tem- EXECUTIVE CALENDAR American heritage. Lord, help them to pore. The clerk will report the bill by remember that righteousness exalts a title. Mr. REID. Madam President, at this nation but sin will destroy any people. The legislative clerk read as follows: time, I ask unanimous consent that the In all their labors, inspire our law- A bill (H.R. 1664) to amend the executive Senate proceed to executive session to makers to fulfill Your purposes. compensation provisions of the Emergency consider Calendar No. 56, the nomina- We pray in Your strong Name. Amen. Economic Stabilization Act of 2008 to pro- hibit unreasonable and excessive compensa- tion of Thomas L. Strickland to be As- f tion and compensation not based on perform- sistant Secretary for Fish and Wildlife; PLEDGE OF ALLEGIANCE ance standards. that the nomination be confirmed and The Honorable KIRSTEN E. Mr. REID. Madam President, I object the motion to reconsider be laid upon GILLIBRAND led the Pledge of Alle- to any further proceedings at this the table; that no further motions be in giance, as follows: time. order; that any statements relating to I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- this nomination be printed in the United States of America, and to the Repub- pore. Objection having been heard, the RECORD; that the President be imme- lic for which it stands, one nation under God, bill will be placed on the calendar. diately notified of the Senate’s action, indivisible, with liberty and justice for all. f and the Senate then resume legislative f session. SCHEDULE APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- PRESIDENT PRO TEMPORE Mr. REID. Madam President, fol- pore. Is there objection? lowing leader remarks, the Senate will The PRESIDING OFFICER. The Mr. MCCONNELL. Reserving the resume consideration of S. 386, the clerk will please read a communication right to object, let me say to my good Fraud Enforcement and Recovery Act. to the Senate from the President pro friend the majority leader, there is at There are currently six amendments tempore (Mr. BYRD). least one Member on my side who is pending. One of those amendments is a The legislative clerk read the fol- not yet prepared to clear this matter. second-degree amendment. lowing letter: Therefore, I must, for the moment, ob- When the Senate resumes consider- U.S. SENATE, ject. PRESIDENT PRO TEMPORE, ation of this bill this morning—I as- Washington, DC, April 23, 2009. sume there will be no morning busi- The ACTING PRESIDENT pro tem- To the Senate: ness, so whenever Senator MCCONNELL pore. Objection is heard. Under the provisions of rule I, paragraph 3, and I finish—Senator LEAHY will be Mr. REID. Madam President, we un- of the Standing Rules of the Senate, I hereby here to work with the manager on the derstood that the ranking member of appoint the Honorable KIRSTEN E. GILLIBRAND, a Senator from the State of New Republican side and Republicans and the Environment and Public Works York, to perform the duties of the Chair. Democrats on a time to vote on pend- Committee—the committee that re- ROBERT C. BYRD, ing amendments. Those votes, we hope, ported this—was the individual holding President pro tempore. will occur this morning. this up, so I talked to Senator INHOFE.

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

S4603

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VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4604 CONGRESSIONAL RECORD — SENATE April 23, 2009 We had a good conversation. I called RECOGNITION OF THE of funds received under the Troubled Asset him back and he said he had no prob- REPUBLICAN LEADER Relief Program. lem with Mr. Strickland. Obviously, Boxer amendment No. 1000, to authorize The ACTING PRESIDENT pro tem- monies for the special inspector general for this has been rolling around and some- pore. The Republican leader is recog- the Troubled Asset Relief Program to audit body else has put a snag on it. nized. and investigate recipients of nonrecourse I would now ask my friend, the Re- Federal loans under the Public Private In- f publican leader, if I ask unanimous vestment Program and the Term Asset Loan consent for 4 hours of debate on this in- HOLOCAUST DAYS OF Facility. dividual, would there be an objection REMEMBRANCE Kyl amendment No. 986, to limit the to this? amount that may be deducted from proceeds Mr. MCCONNELL. Madam President, due to the United States under the False Mr. MCCONNELL. Madam President, later this morning, President Obama Claims Act for purposes of compensating pri- I would say to my friend, the majority will speak at a Days of Remembrance vate intervenors to the greater of $50,000,000 leader, that I am not able, at this par- ceremony here in the Capitol Ro- or 300 percent of the expenses and cost of the ticular time, to enter into an agree- tunda—an annual event that was estab- intervenor. ment on this nomination. Coburn amendment No. 982, to authorize lished by Congress as a living memo- the use of TARP funds to cover the costs of Mr. REID. Madam President, that is rial to the victims of the Holocaust. the bill. very unfortunate, but I understand. Throughout the week, Louisville, Lex- The ACTING PRESIDENT pro tem- I now ask unanimous consent, as in ington, and other communities in Ken- pore. The Senator from Vermont. executive session, that at a time to be tucky and the Nation have held events Mr. LEAHY. Madam President, what determined by the majority leader, fol- to commemorate this solemn occasion. is the parliamentary situation? lowing consultation with the Repub- As we remember the terrible The ACTING PRESIDENT pro tem- lican leader, the Senate proceed to ex- sufferings of the Jewish people and all pore. The Senate is considering S. 386, ecutive session to consider Calendar others who have suffered and who con- to which six amendments are pending. No. 62, the nomination of Kathleen tinue to suffer at the hands of hatred Mr. LEAHY. I thank the Chair. Sebelius to be Secretary of Health and and intolerance, we spread one of the Madam President, yesterday, when Human Services; that there be 5 hours most enduring lessons of the Holo- we were finally allowed to proceed to of debate with respect to this nomina- caust—that evil exists in the world and the Fraud Enforcement and Recovery tion, with the time equally divided and it is the responsibility of free and just Act, we began making real progress. controlled between the leaders or their nations to protect the innocent by Ten amendments were offered during designees; that upon the use or yield- speaking for all those who cannot the course of the day, four amendments ing back of that time, the Senate pro- speak for themselves. were adopted, and six remain pending. ceed to a vote on confirmation of Kath- The theme of the 2009 Days of Re- I believe, had we not stopped voting at leen Sebelius; that upon confirmation, membrance is ‘‘Never Again: What You 5 o’clock, we could have finished the the normal procedure of the Senate be Do Matters.’’ Those words should serve bill and passed it last night. As things followed and that following that we re- as a reminder to all of us that anti- stand, we hope to dispose of the six re- sume legislative session. Semitism and other forms of religious maining amendments through the The ACTING PRESIDENT pro tem- hatred are as real today as they were course of this morning. We should com- pore. Is there objection? in the middle of the last century and plete Senate consideration of the bill that the best way to honor the victims Mr. MCCONNELL. Madam President, without further delay. reserving the right to object, this nom- of the Holocaust is for us to work to- I should note that the number of Sen- ination came out of committee yester- ward building a more hopeful and a ators who have cosponsored this bill day. It was fairly contentious. It was more peaceful world. continue to grow—now at 17 Senators. not a party-line vote, but a number of I yield the floor. Most of the Senators who offered Members on my side opposed the nomi- f amendments yesterday praised the un- derlying bill. I think we have only one nation. So at least for today, I am not RESERVATION OF LEADER TIME able to enter into a consent agreement pending amendment that regards the on a time specific to consider the nom- The ACTING PRESIDENT pro tem- underlying bill; only one that actually ination of Governor Sebelius. I object. pore. Under the previous order, the directly relates to it. Senator GRASS- The ACTING PRESIDENT pro tem- leadership time is reserved. LEY will speak to that amendment. pore. Objection is heard. f Most of the amendments that have been offered, almost all the remaining Mr. REID. Madam President, we need FRAUD ENFORCEMENT AND amendments pending, aren’t within the not quibble on the time. It came out RECOVERY ACT OF 2009 jurisdiction of the Judiciary Com- Tuesday or Wednesday, and I under- mittee, they are within the jurisdiction stand people may want to look at this The ACTING PRESIDENT pro tem- of the Banking Committee, and I look more closely. That is fine. It appears to pore. Under the previous order, the forward to the leadership of that com- me it wouldn’t do me any good or the Senate will resume consideration of S. mittee—the committee of jurisdic- Senate any good to ask for more time 386, which the clerk will report. tion—with respect to guidance on those at this time. No matter what time I set The legislative clerk read as follows: A bill (S. 386) to improve enforcement of amendments. aside, the Republican leader couldn’t In my view, it would have been better agree now? mortgage fraud, securities fraud, financial institution fraud, and other frauds related to if Senators had withheld their amend- Mr. MCCONNELL. I would say to my federal assistance and relief programs, for ments and waited to offer them on the friend, the majority leader, I cannot the recovery of funds lost to these frauds, housing and banking legislation that is today agree to a time specific for con- and for other purposes. going to be considered next week by sideration of this nomination. The Senate resumed consideration of the Senate. Then you would have at Mr. REID. Madam President, we have the bill. least had a bill that was relevant to another individual who we feel should Pending: the amendments. But, of course, every be approved, David Hayes, to be Deputy Reid amendment No. 984, to increase fund- Senator can do whatever he or she Secretary of the Interior. I would ask ing for certain HUD programs to assist indi- wants to. Now, the banking/housing my friend, the Republican leader, if we viduals to better withstand the current amendments that have been added to suggested 3 hours of debate under the mortgage crisis. this Judiciary bill will complicate pas- conditions I outlined for the other two, Inhofe amendment No. 996 (to amendment sage and enactment of what everyone No. 984), to amend title 4, United States is the Republican leader in a position agrees is needed—the fraud enforce- to agree to have this nomination? Code, to declare English as the national lan- guage of the Government of the United ment legislation. I think that is unfor- Mr. MCCONNELL. Madam President, States. tunate. I would say to my good friend, the ma- Vitter amendment No. 991, to authorize Among the examples are amend- jority leader, not at this time. and remove impediments to the repayment ments affecting the use of TARP funds.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4605 Modifying the Troubled Asset Relief these people and make it very clear: If leaders talked about a budget matter Program is a complicated matter. I you are involved in this kind of fraud, that has to come up that will probably wish it were not complicating this bill. if you are involved in this kind of take us into the evening. I am trying I have no problem with such amend- theft, you are not going to get a fine, to save the time of all Senators, so I ments being on a bill that actually re- you are going to go to prison, then urge Senators to come because at some lates to TARP, but this one does not. they are going to pay attention. point everything that is pending is Indeed, in the 6 weeks, the month and I can tell you from my own experi- going to be called up and is going to be a half since the fraud enforcement bill ence as a prosecutor, I know fines in voted on up or down. I would at least was reported by the Judiciary Com- this kind of fraud situation do not like to have the Senators on the floor mittee, my staff and I reached out to serve as much of a deterrent. But if we who are sponsoring them. Then we will Senators and no one raised these TARP are able to send in the police to arrest go to final passage. issues. Had they, we would have en- these people, and they know they are I suggest the absence of a quorum. gaged with Chairman DODD and Sen- going to spend years behind bars, then The ACTING PRESIDENT pro tem- ator SHELBY and tried to work them they start paying attention. That is pore. The clerk will call the roll. out as best we could in the proper set- the only thing that really does it, and The legislative clerk proceeded to ting. that is the only thing that is going to call the roll. The Obama administration has re- protect these Americans, American Mr. THUNE. Madam President, I ask formed the TARP process. It is doing taxpayers, honest, hardworking men unanimous consent that the order for its best to get a handle on the use of and women—the only thing that is the quorum call be rescinded. these funds. I intend to look to their going to protect them from losing ev- The ACTING PRESIDENT pro tem- views and to those of Chairman DODD, erything they have in a downturn in pore. Without objection, it is so or- but I believe complicating passage of the economy. dered. this fraud enforcement bill with those We should pass this bill without fur- AMENDMENT NO. 1002 issues is not helpful. Nonetheless, we ther delay. We should move to the task Mr. THUNE. Madam President, I ask will do what we have to in order to of helping law enforcement find and unanimous consent that amendment complete this process. hold accountable those who engage in No. 1002 to the bill be brought up and The Obama administration’s State- such fraudulent conduct. This should made pending. ment of Administration Policy ex- be fairly easy. We can pass this bill and The ACTING PRESIDENT pro tem- presses their strong support for enact- say: We are against crime, we are pore. Without objection, it is so or- ment of the underlying fraud enforce- against fraud, we want the good guys dered. ment bill. They note: to win, we want the bad guys to go to The clerk will report. Its provisions would provide Federal inves- jail. It is as simple as that. That is why The legislative clerk read as follows: tigators and prosecutors with significant there are Republicans and Democrats The Senator from South Dakota [Mr. new criminal and civil tools and resources who support this—across the political THUNE] proposes an amendment numbered that would assist in holding accountable spectrum. 1002. those who committed financial fraud. Strengthening fraud enforcement is a Mr. THUNE. I ask unanimous con- To give an idea, the Justice Depart- key priority for President Obama. Dur- sent that the reading of the amend- ment, the FBI, the Secret Service, the ing the campaign the President prom- ment be dispensed with. Special Inspector General for the ised to ‘‘crack down on mortgage fraud The ACTING PRESIDENT pro tem- TARP, law enforcement officers, good professionals found guilty of fraud by pore. Without objection, it is so or- government advocates—all support the increasing enforcement and creating dered. underlying bill. new criminal penalties.’’ The amendment is as follows: wrote last weekend: The President made good in his (Purpose: To require the Secretary of the Senators should not be asking if the ex- promise in his budget, calling on FBI Treasury to use any amounts repaid by a penditure on fraud enforcement called for in agents ‘‘to investigate mortgage fraud financial institution that is a recipient of this bill is affordable, but whether it is and white collar crime,’’ and more Fed- assistance under the Troubled Assets Re- enough. eral prosecutors and civil attorneys lief Program for debt reduction) Fraud has damaged our economy. It ‘‘to protect investors, the market, and At the end of the bill, add the following: has wrecked the lives and life savings the Federal Government’s investment TITLE II—DEBT REDUCTION PRIORITY of thousands of hardworking Ameri- of resources in the financial crisis, and ACT cans. That is why this bill should not the American public.’’ SEC. 21. SHORT TITLE. be complicated with a lot of extraneous As taxpayers, we all have a stake in This title may be cited as the ‘‘Debt Re- material that is not in the jurisdiction this. If these people are able to get duction Priority Act’’. of this bill. We have people around this away with their fraud, if they are able SEC. 22. FINDINGS. country facing economic crises. They to get away with siphoning off this Congress finds the following: are preyed upon by some of these mort- money, we taxpayers pay the bill in the (1) On October 7, 2008, Congress established gage fraud groups. They promise to long run. Those who are hit with the the Troubled Assets Relief Program (TARP) as part of the Emergency Economic Sta- help them out of any kind of a mort- fraud pay far more than that. They bilization Act (Public 110-343; 122 Stat. 3765) gage difficulty they have and then they may pay with their life savings, with and allocated $700,000,000,000 for the purchase steal their retirement accounts. They their homes, with everything they have of toxic assets from banks with the goal of steal the money they may have saved ever worked for. restoring liquidity to the financial sector for their children to go to college. They This bipartisan Fraud Enforcement and restarting the flow of credit in our mar- steal the equity in their homes. Then and Recovery Act is a chance to au- kets. they disappear, so people are left with thorize the necessary additional re- (2) The Department of Treasury, without no homes, no equity, no retirement ac- sources to detect, fight, and deter fraud consultation with Congress, changed the pur- pose of TARP and began injecting capital counts. If they saved money for their that robs the American people and the into financial institutions through a pro- children to go to college, there is no American taxpayers of their funds. In- gram called the Capital Purchase Program money there, and the people who have vesting resources in detecting and de- (CPP) rather than purchasing toxic assets. committed the fraud get away. terring fraud yields dividends for the (3) Lending by financial institutions was On those occasions when sometimes American people. That is what this bill not noticeably increased with the implemen- they are chased down, they may actu- would do, and we should pass it with- tation of the CPP and the expenditure of ally face a fine. But if they have stolen out further delay. $250,000,000,000 of TARP funds, despite the $200 million and get a $10 million fine— I want my colleagues to know, at goal of the program. big deal. It is the cost of doing busi- some point, if people are not here to (4) The recipients of amounts under the CPP are now faced with additional restric- ness. But if we have very tough legisla- offer amendments, we will call up and tions related to accepting those funds. tion that allows the Justice Depart- vote on the amendments that are pend- (5) A number of community banks and ment and others to go in right at the ing and then go to final passage. I large financial institutions have expressed get-go, to be able to go in and go after know the Democratic and Republican their desire to return their CPP funds to the

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4606 CONGRESSIONAL RECORD — SENATE April 23, 2009 Department of Treasury and the Department Public Debt Reduction Payment Account es- conservative number, and private ana- has begun the process of accepting receipt of tablished by section 3114 of title 31, United lysts predict more will be returned. such funds. States Code, shall not be counted as new Section 120 of the Emergency Sta- (6) The Department of the Treasury should budget authority, outlays, receipts, or def- bilization Act terminated the author- not unilaterally determine how these re- icit or surplus for purposes of— ity for TARP funds on December 31, turned funds are spent in the future and the (1) the budget of the United States Govern- Congress should play a role in any deter- ment as submitted by the President, 2009, and the Secretary can request an mination of future spending of funds re- (2) the congressional budget, or extension to the deadline not later turned through the TARP. (3) the Balanced Budget and Emergency than 2 years after enactment. Keep in SEC. 23. DEBT REDUCTION. Deficit Control Act of 1985. mind that this restriction only applies (a) IN GENERAL.—Title I of the Emergency SEC. 27. REMOVING PUBLIC DEBT REDUCTION to Treasury’s issuance of new loans and Economic Stabilization Act of 2008 (12 U.S.C. PAYMENT ACCOUNT FROM BUDGET does not cover the reuse of previously 5211 et seq.) is amended by adding at the end PRONOUNCEMENTS. issued assistance that was returned to the following: (a) IN GENERAL.—Any official statement the Treasury. ‘‘SEC. 137. DEBT REDUCTION. issued by the Office of Management and Essentially, to summarize what my Budget, the Congressional Budget Office, or ‘‘Not later than 30 days after the date of amendment does, it requires Treasury enactment of this section, the Secretary of any other agency or instrumentality of the the Treasury shall deposit any amounts re- Federal Government of surplus or deficit to- to use any of the funds that are recov- ceived by the Secretary for repayment of fi- tals of the budget of the United States Gov- ered through TARP to reduce the na- nancial assistance or for payment of any in- ernment as submitted by the President or of tional debt. Basically, this amendment terest on the receipt of such financial assist- the surplus or deficit totals of the congres- prevents the Treasury from reallo- ance by an entity that has received financial sional budget, and any description of, or ref- cating money for other purposes. The assistance under the TARP or any program erence to, such totals in any official publica- amendment establishes the public debt enacted by the Secretary under the authori- tion or material issued by either of such Of- reduction payment account and re- ties granted to the Secretary under this Act, fices or any other such agency or instrumen- quires Treasury to deposit any including the Capital Purchase Program, in tality, shall exclude the outlays and receipts amounts received from repayment of the Public Debt Reduction Payment Account of the Public Debt Reduction Payment Ac- established under section 3114 of title 31, count established by section 3114 of title 31, financial assistance through TARP United States Code.’’. United States Code. into this account. The Secretary of the SEC. 24. ESTABLISHMENT OF PUBLIC DEBT RE- (b) SEPARATE PUBLIC DEBT REDUCTION PAY- Treasury must use the money in the DUCTION PAYMENT ACCOUNT. MENT ACCOUNT BUDGET DOCUMENTS.—The ex- public debt reduction payment account (a) IN GENERAL.—Subchapter I of chapter cluded outlays and receipts of the Public to pay, redeem, or buy any Govern- 31 of title 31, United States Code, is amended Debt Reduction Payment Account estab- ment obligation included in the public by adding at the end the following new sec- lished by section 3114 of title 31, United tion: debt. The obligations paid, redeemed, States Code, shall be submitted in separate or bought are canceled and cannot be ‘‘§ 3114. Public Debt Reduction Payment Ac- budget documents. count reissued. In addition, the statutory Mr. THUNE. Madam President, on debt limit is automatically reduced by ‘‘(a) There is established in the Treasury of October 7, 2008, Congress passed the the United States an account to be known as any amount equal to funds that are de- the Public Debt Reduction Payment Account Troubled Asset Relief Program as part posited in this account. (hereinafter in this section referred to as the of the Emergency Economic Stabiliza- I think the amendment is very ‘account’). tion Act—or TARP—and allocated $700 straightforward, and it really is di- ‘‘(b) The Secretary of the Treasury shall billion for the purchase of toxic assets rected at ensuring that the taxpayer use amounts in the account to pay at matu- from banks with the goal of restoring dollars that were allocated for the rity, or to redeem or buy before maturity, liquidity to the financial sector and re- any obligation of the Government held by TARP program, which, as I said before, the public and included in the public debt. starting the flow of credit in our mar- was about $700 billion last fall, much of Any obligation which is paid, redeemed, or kets. which has been expended but much of bought with amounts from the account shall The Department of Treasury, with- which now is in the process of being re- be canceled and retired and may not be re- out consultation from Congress, paid, assuming, again, the mechanism issued. Amounts deposited in the account are changed the purpose of the TARP and is put in place to allow the Treasury to appropriated and may only be expended to began injecting capital into financial take receipt of funds that banks wish carry out this section. institutions through a program called ‘‘(c) There shall be deposited in the ac- to repay, TARP funds which they wish count any amounts which are received by the Capital Purchase Program rather to repay—with that money coming into the Secretary of the Treasury pursuant to than purchasing toxic assets. the Treasury—and as I said before, Sec- section 137 of the Emergency Economic Sta- Financial lending was not increased retary Geithner earlier this week indi- bilization Act of 2008. The funds deposited to with the implementation of CPP, and cated that it would probably be about this account shall remain available until ex- the expenditure of $218 billion of TARP $25 billion, at least that we know of pended. funds disputes the goal of the program. now, and there are predictions that it ‘‘(d) The Secretary of the Treasury and the Those receiving funding through the Director of the Office of Management and could be much more, that money comes Budget shall each take such actions as may CPP are now faced with additional re- back into the Treasury and could be re- be necessary to promptly carry out this sec- strictions related to accepting that cycled, reused—what we want to do and tion in accordance with sound debt manage- funding. what my amendment does is it ensures ment policies. A number of community banks and that those TARP funds that are repaid ‘‘(e) Reducing the debt pursuant to this large financial institutions have ex- by banks actually go to reduce the pub- section shall not interfere with the debt pressed their desire to return their management policies or goals of the Sec- lic debt. retary of the Treasury.’’. CPP funds to the Department of Treas- We know we have incurred an enor- (b) CONFORMING AMENDMENT.—The chapter ury, and Treasury has begun the proc- mous amount of debt. In fact, the in- analysis for chapter 31 of title 31, United ess of accepting receipt of those funds. spector general, Neil Barofsky, stated States Code, is amended by inserting after However, because of the financial in his quarterly report to Congress the item relating to section 3113 the fol- stress test Treasury is currently con- that 12 separate programs are being lowing: ducting, it is possible that Treasury funded under TARP, involving up to $3 ‘‘3114. Public debt reduction payment ac- will restrict banks from returning trillion of Government and public count’’. funds they received from the CPP. funds. Amazingly, that is equivalent to SEC. 25. REDUCTION OF STATUTORY LIMIT ON THE PUBLIC DEBT. In his testimony before the TARP the size of the entire Federal budget. Section 3101(b) of title 31, United States Congressional Oversight Panel on April This is certainly not what I believe Code, is amended by inserting ‘‘minus the 21, 2009, earlier this week, Secretary Congress intended or was told, for that aggregate amounts deposited into the Public Geithner stated that Treasury esti- matter, the funding would be used for. Debt Reduction Payment Account pursuant mates $134.6 billion of TARP funds are So Congress needs to have a role in to section 3114(c)’’ before ‘‘, outstanding at still available. What is important this. If the administration wants addi- one time’’. about that figure is he includes $25 bil- tional authority under TARP, they SEC. 26. OFF-BUDGET STATUS OF PUBLIC DEBT REDUCTION PAYMENT ACCOUNT. lion which they expect to receive back should come here. Congress retains, Notwithstanding any other provision of from banks under CPP. Geithner also under the Constitution, the power of law, the receipts and disbursements of the stated that he believed $25 billion is a the purse.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4607 What this amendment simply does is ing or about to be pending have abso- herently vulnerable to fraud, waste, directs those funds that come back in lutely nothing to do with the jurisdic- and abuse, including significant issues as a result of repayments by banks of tion of the Judiciary Committee, have related to conflicts of interest facing TARP funds into the Federal Treasury, nothing to do with the jurisdiction of fund managers, collusion between par- that those funds go toward reducing the bill on the floor, have everything ticipants, and vulnerabilities to money the Federal debt, which, as we all to do with a bill that is coming up next laundering.’’ know, based on the budget that was week from the Banking Committee. So I believe this amendment is related passed a couple of weeks ago, is going I would urge the Banking Committee to the underlying bill which deals with to double in 5 years and triple in 10, at to come to the floor and speak to the fraud recovery. The inspector general’s a rate of $1 trillion a year. The average amendments that are all within the ju- report bears that out. deficit over the next 10 years, by the risdiction of their committee. Mr. LEAHY. Madam President, while end of the 10-year period, will amount I mention this because if we don’t, the Senator from South Dakota is in to $17 trillion. The very least we can do the other alternative is to accept ev- the Chamber, if I may ask him a ques- for the taxpayers of this country is en- erything and go immediately to final tion, we also have amendment No. 982 sure that TARP funds that are repaid passage. I don’t think that would be re- offered by Senator COBURN which al- by banks, the taxpayer dollars that sponsible because then the fraud bill lows the unused TARP funds to pay for were extended to help recapitalize the that virtually everybody in this body, the Fraud Enforcement and Recovery banks, when those are no longer nec- Republicans and Democrats, supports Act. I ask the Senator if the Coburn essary and banks give that money back is going to die because it won’t go past amendment and his amendment are to the Treasury, Treasury receives the other body. I realize every Senator mutually exclusive? that, that those funds not be recycled, has a right to offer any amendment he Mr. THUNE. In response, Madam reused, go to some discretionary pro- or she wants, but at some point we President, to the Senator from gram to fund other programs of Gov- have to be realistic. If we are against Vermont, my amendment would pre- ernment, but that they be used to re- the people who are committing fraud vent funds from being reused, recycled, duce the Federal debt. I believe the on the American taxpayers, something that were directed to debt reduction. I taxpayers deserve that. This amend- for which all of us have made speeches guess my short answer, without having ment, No. 1002, would do that. So I that we are in favor of stopping them— reviewed the Coburn amendment care- would hope my colleagues will support newspapers from the right to the left fully, would be, I suspect, that they are it and, in my view, make it very clear have editorialized in favor of stopping probably mutually exclusive. that tax dollars expended under TARP, them—let’s be honest and actually pass Mr. LEAHY. I thank the Senator. I when repaid, are going to go to debt re- a bill that does it. The message amend- have read it carefully, and that was my duction and not be used for some other ments should wait until an appropriate conclusion. This is a matter more in Federal Government program. bill that has something to do with line with the Banking Committee, and That is what the amendment does. I them. I will let them speak to it. This is un- would urge my colleagues to support it. I am also trying to help Senators. We precedented, that we have amendments I yield the remainder of my time. are going to complete this bill before on bills, whether this one or others, The ACTING PRESIDENT pro tem- we go to budget matters. We can com- that are mutually exclusive. I did note pore. The Senator from Vermont. plete it easily by noon. As Senators that. I thank my friend from South Da- Mr. LEAHY. Madam President, I know, I have supported Republican kota for his comments. thank my friend from South Dakota amendments that came up yesterday. I yield the floor. for his courtesy in talking to me first They have all been accepted, including The ACTING PRESIDENT pro tem- about the amendment. As I pointed out an amendment by Senator GRASSLEY pore. The Senator from South Caro- to him, these are matters before the and myself. But we want to complete lina. Banking Committee. The Judiciary this legislation. I am perfectly willing AMENDMENT NO. 994 Committee has really got nothing to do to stay here all night long to finish Mr. DEMINT. I ask unanimous con- with it, the same as many of these. I this and the budget. But every hour we sent to set aside the pending amend- will wait for Senator DODD and Senator take on this is an hour longer on the ment and call up amendment No. 994. SHELBY to respond; I will not. budget. It is somewhat frustrating that The ACTING PRESIDENT pro tem- I am going to make a unanimous con- Senators who have a concern can’t find pore. Without objection, it is so or- sent request. I have notified both sides time to show up on the floor. Senators dered. of this. There is a Boxer-Snowe amend- from both sides of the aisle don’t have The clerk will report. ment No. 1000. I ask unanimous consent time to show up on the floor on a bill The bill clerk read as follows: that at 10:50—I realize it is going to be which we were notified 3 weeks ago was The Senator from South Carolina [Mr. objected to, but I am trying to save going to be on the floor at this time. I DEMINT] proposes an amendment numbered both Republicans and Democrats from urge them to do so. Because as soon as 994. being here until 2 o’clock tomorrow these amendments are disposed of one Mr. DEMINT. I ask unanimous con- morning because of the bill that comes way or the other, we will go to final sent that reading of the amendment be up after this. I ask unanimous con- passage. dispensed with. sent—and if this is objected to, I will I yield the floor. The ACTING PRESIDENT pro tem- repeat the request later on—that at The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- 10:50 the pending business be set aside, pore. The Senator from South Dakota. dered. the Boxer-Snowe amendment No. 1000 Mr. THUNE. I appreciate the obser- The amendment is as follows: be brought up, there be 8 minutes of de- vations of the Senator from Vermont. (Purpose: To prohibit the use of Troubled bate evenly divided before a vote, and It is a bill that is broadly supported. I Asset Relief Program funds for the pur- that it then be in order to go to a roll- understand the objection he will raise chase of common stock, and for other pur- call vote on the amendment. with respect to his committee’s juris- poses) The ACTING PRESIDENT pro tem- diction and what the bill covers. At the appropriate place, insert the fol- pore. Is there objection? With regard to my amendment, there lowing: Mr. DEMINT. I object. is a connection between the underlying SEC. ll. LIMITATION ON USE OF TARP FUNDS. The ACTING PRESIDENT pro tem- bill and what we are trying to accom- Notwithstanding any other provision of pore. Objection is heard. plish. I previously referenced the in- law, on and after April 22, 2009, no funds Mr. LEAHY. I have been advised that spector general’s report about 12 sepa- made available to carry out the Troubled there would be an objection because rate programs being funded under Asset Relief Program may be used for the ac- they have not heard from the Banking TARP that involve up to $3 trillion in quisition of ownership of the common stock of any financial institution assisted under Committee, from Senator DODD and government and public funds. Bear in title I of the Emergency Economic Stabiliza- Senator SHELBY. I would urge them to mind, this report spans 247 pages. In tion Act of 2008, either directly or through a come to the floor so we can move for- that report, it says the very character conversion of preferred stock or future direct ward, as most of the amendments pend- of the bailout program makes it ‘‘in- capital purchases.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4608 CONGRESSIONAL RECORD — SENATE April 23, 2009 Mr. DEMINT. Madam President, our Government has common stock in The ACTING PRESIDENT pro tem- economy has shed 3.3 million jobs in banks, it owns banks. It would likely pore. The clerk will call the roll. the last 5 months. The Dow Jones is have positions on the board. The tax- The bill clerk proceeded to call the down 25 percent since September. When payer, who is making this money avail- roll. the bank bailout or TARP was con- able, is at risk. If a bank goes under, Mr. COBURN. Mr. President, I ask ceived, it was conceived, ironically, to the common stock is gone. So we are unanimous consent that the order for save the market. We had been told by taking what was some security for tax- the quorum call be rescinded. both President Bush and President payers and shifting it to another place. The PRESIDING OFFICER (Mr. Obama that we needed this massive We are crossing a dangerous line where DODD). Without objection, it is so or- spending in order to get the financial the Government owns and controls dered. markets working again and the econ- banks and insurance companies, auto AMENDMENT NO. 983 omy moving. It has been 6 months companies, a line we have never Mr. COBURN. Mr. President, I ask since Congress gave away $700 billion crossed before as a country, a country unanimous consent that the pending to the Bush administration with essen- based on free markets, not central amendment be set aside and that tially no strings attached. The Obama planning by government. amendment No. 983 be called up. administration has, unfortunately, The American people are starting to The PRESIDING OFFICER. Is there continued conducting massive and send us a signal that they are con- objection? risky experiments in central planning cerned, alarmed by the amount of Without objection, it is so ordered. since taking control of the TARP in spending, all these bailouts, the re- The clerk will report. January. We need to remember that we warding of failure, the debt we are cre- The bill clerk read as follows: have yet to use this money the way it ating. We saw about a million Ameri- The Senator from Oklahoma [Mr. COBURN] was promised. cans last week in numerous tea parties proposes an amendment numbered 983. We were told, when this money was across the country take to the streets, Mr. COBURN. Mr. President, I ask requested during the last months of the hold up their signs, express to their unanimous consent that reading of the Bush administration, that if we didn’t elected officials that we need to stop amendment be dispensed with. have all this money to buy the toxic this out-of-control spending and waste The PRESIDING OFFICER. Without assets, the world financial market going on in Washington. Loaning banks objection, it is so ordered. would collapse. I am afraid we were not money temporarily is one thing. It is The amendment is as follows: told the truth. Clearly, the world fi- something I oppose because I have seen (Purpose: To require the Inspector General of nancial market did not collapse, al- government operate long enough to the Federal Housing Finance Agency to in- though it continues to have trouble. know that it can’t do it effectively. It vestigate and report on the activities of But we did not buy up any of the toxic can’t do it without waste and fraud and Fannie Mae and Freddie Mac that may assets, and the world financial market corruption. have contributed to the current mortgage didn’t collapse. The Bush administra- Our own Treasury Department has crisis) tion—and now the Obama administra- now told us that. We can’t put this At the appropriate place, insert the fol- tion—set about figuring out different much money out there without bad lowing: ways to use the money rather than ad- things happening. We need to let the SEC. llll. IG REPORT ON ACTIVITIES OF mitting the ideas they had were not market work. If we have banks that FANNIE MAE AND FREDDIE MAC. right. are too sick to succeed, then we need Not later than 18 months after the date of Sixteen of the 19 banks that received enactment of this Act, the Inspector General to allow them to fail while we protect of the Federal Housing Finance Agency shall the largest amounts of this TARP the depositors in that bank. submit a report to the Committee on Bank- money are loaning less now than they The amendment I offer focuses atten- ing, Housing, and Urban Affairs of the Sen- did when the money was provided. We tion on the idea of government owning ate and the Committee on Financial Services received a report this week that the de- banks. It is pretty simple. It would pro- of the House of Representatives on the fol- sign of the TARP was ripe for corrup- hibit the Government from converting lowing: tion, waste, and fraud. There are al- TARP loans to common stock. We have (1) When did the Federal National Mort- ready a number of cases in the media heard of other amendments that would gage Association (in this section referred to that this is happening. Yet we continue allow banks to give this money back as ‘‘Fannie Mae’’) and the Federal Home Loan Mortgage Corporation (in this section to toy with this money in ways that and allow the money to go to paying referred to as ‘‘Freddie Mac’’) begin buying are unprecedented. Now the Obama ad- down debt. This is not a slush fund that large quantities of subprime and Alt-A mort- ministration has announced President we created for politicians to play with, gages? In what years did Fannie Mae and Obama is going to use the money in a to scheme in different ways on how we Freddie Mac purchase the largest number of totally different way. We need to look could come up with new ways to spend subprime and Alt-A mortgages? at what they are proposing. money we don’t have. It is all borrowed (2) To what extent were the purchase of What our economy needs now more money. If it is not needed the way it subprime and Alt-A mortgages by Fannie than anything else is certainty, cer- was intended, it needs to come back to Mae and Freddie Mac induced by Congres- tainty that the Government will not sional action or Executive Order? the taxpayer rather than what is hap- (3) To what extent were the purchase of undo contracts retroactively, which we pening now. The idea that we are going large quantities of subprime and Alt-A mort- are talking about doing here, certainty to have the Federal Government actu- gages by Fannie Mae and Freddie Mac in- that spending will be brought under ally own stock in banks, insurance duced by the Department of Housing and control to avoid future tax increases companies, and other private compa- Urban Development affordable housing regu- and runaway inflation, and certainty nies is an idea we need to stay away lations issued in 1995? that failure will not be rewarded by a from. (4) What actions by Fannie Mae and government bailout. Of course, there I hope all of my colleagues will sup- Freddie Mac contributed to the over- has been anything but certainty from port this amendment that simply pro- valuation of mortgage-backed securities? (5) What political contributions were made our Government in the last several hibits our Government from converting by Fannie Mae and Freddie Mac on behalf of months. Government intervention has what was supposed to be loans, what a political candidate or to a separate seg- become the norm rather than the ex- was promised to be loans, what was regated legal fund described in section ception. promised to be used to buy bad assets 316(b)(2)(c) of the Federal Election Campaign Now we understand the Treasury De- so banks could loan again, it would Act of 1971 (2 U.S.C. 441b(b)(2)(c)) between partment has concocted a new scheme prohibit this money from being used 1990 and 2008? to convert these loans, which are pre- for common stock and ownership in the (6) What lobbying expenditures, as such ferred stock in certain banks, into banking system. term is defined in section 4911(c)(1) of the In- common equity in order to increase ternal Revenue Code of 1986, were made by I thank the Chair for the time and Fannie Mae and Freddie Mac between 1990 those banks’ capital. This is only a encourage my colleagues to support and 2008? paper change. We move it from a debt the amendment. (7) What contributions were made by to an asset, and we say we have done I yield the floor and suggest the ab- Fannie Mae and Freddie Mac to any organi- something. The problem is, when the sence of a quorum. zation described under section 501(c) of the

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4609 Internal Revenue Code of 1986 between 1990 were made, what lobbying expenditures I also wish to notify the other side I and 2008? were made, what contributions were am about to renew my unanimous con- Mr. COBURN. Mr. President, I appre- made to any other lobbying organiza- sent request for a vote on the Boxer ciate the chairman giving me this time tion. amendment. I will not until they have to offer this amendment. We have It is a compromise step. It is some- time to talk to the Republican side. adopted an Isakson amendment. We thing we already have the people in There is no Republican on the floor have a McCain-Dorgan amendment. place for. It is something they have the right now. But in a few minutes, I will This is a similar amendment, but I access to the numbers for. We ought to renew my request for a rollcall vote on think it gets to the root of the prob- be able to get that. that amendment. lem. It does not cost very much, and it We have a mess. Usually, as a physi- In the meantime, Madam President, I actually will tell us something we need cian when I have a mess, I start think- suggest the absence of a quorum. to know. ing back: What did I do before? And The ACTING PRESIDENT pro tem- The underlying assumption with the what caused part of the mess? Where pore. The clerk will call the roll. bill is that fraud is the primary, if not was I wrong in my diagnosis of the The bill clerk proceeded to call the the sole, cause of this crisis. That may signs, symptoms, and history? And roll. be true. We do not know that. But what then what do I do about it? Mr. KYL. Madam President, I ask we do not know is how much we as If we do not look through the IG at unanimous consent that the order for Members of Congress played and the these things, then it is highly un- the quorum call be rescinded. extent to which we played a role in likely—no matter how many commis- The ACTING PRESIDENT pro tem- helping create this crisis. This is a fair- sions we put together because commis- pore. Without objection, it is so or- ly straightforward amendment that sions are going to ask for this any- dered. asks the IG to come give us informa- way—but we are going to ask for it as AMENDMENTS NOS. 986, 987, 988, AND 989 tion so we get the answers to the ques- a special report from the IG under this Mr. KYL. Madam President, I have tion about our own role in the evo- amendment. an amendment pending—I believe the lution of the problems we find today. There are a lot of additional consid- number is amendment No. 989—and I What we do know is the GSEs under- erations, and I will not take time on wish to speak to that amendment and took an unprecedented assumption of the floor at this time to do that. But if three other amendments which differ subprime and all-day loans, and those you want to have a transparent Con- only in the amount of a cap on recov- gress, this is the first question we have need to be investigated—the extent of eries. The amendments pending are to ask: How much were we involved? them, the amount. We also know they amendments Nos. 989, 988, and 987. How effective were the lobbying efforts invested more than $1 trillion in those Madam President, 986 is the pending to change things that were detri- loans. But what we do not know is the amendment. So we will get this volume, the timing. What we do not mental? Maybe they were positive. But straightened out. know is the impact of the significant the fact is, we ought to know those Let me speak to the issue first gen- amount of lobbying by these GSEs and things. erally, and then I will engage my col- The idea is we will be transparent what effect that had on policies and league in a couple of unanimous con- with the American people, both in procedures both within the administra- sent requests that may resolve the tion and the Congress. terms of the lobbying efforts, the con- issue. If not, then we can vote on the For example, when did Freddie and tributions they made, and the timing— final one. Fannie begin to purchase large quan- not just for Congress but also the exec- The point of these amendments is to tities of subprime and all-day loans? In utive branch; where we look at the ac- limit the amount that can be deducted what years were those types of pur- tions of both of those—so the American from the money that is due to the Gov- chases the highest? To what extent people can see the culpability. Where is ernment under the False Claims Act as were these purchases induced by con- it? I happen to believe it is right here compensation for what are called pri- gressional action or executive order? in this body, us. We allowed this to vate realtors. A private realtor is a To what extent were those purchases happen. I think the onus of the blame whistleblower or an investigator who induced by the Department of Housing needs to be here rather than pointing goes to court with evidence that the and Urban Development affordable at other people. Government has been defrauded and is housing regulations issued in 1995? That is not to distract from the idea entitled to money under the False What actions by Fannie and Freddie that we ought to go after fraud. But Claims Act. In order to encourage contributed to the overvaluation of the biggest fraud is to deny the fact these private parties to come forward, mortgage-backed securities? that we had some culpability, and this the False Claims Act not only entitles The amendment also looks to the amendment is designed to measure how these private realtors to recover from possibility that congressional action much culpability we had by using the the defendant their costs and expenses could have contributed to the risky IG, the inspector general, to tell us for investigating and pressing the changes in behavior of Fannie and this very specific information. Freddie. What we know is, between the With that, I yield the floor. claims but also allows the private real- 2000 and 2008 election cycles, GSEs and Madam President, I suggest the ab- tor to receive a portion of the proceeds their employees contributed more than sence of a quorum. due to the United States. $14.6 million to the funds of both Sen- The ACTING PRESIDENT pro tem- I think we would all agree it is right ators and representatives. We also pore. The clerk will call the roll. and proper that the private realtors be know Fannie spent $79.5 million in that The bill clerk proceeded to call the compensated for exposing incidents for period and Freddie spent $94.9 million roll. which the Federal Government has in that period on lobbying Congress. Mr. LEAHY. Madam President, I ask been defrauded. Such actions have Mr. President, $170 million was spent unanimous consent that the order for saved the Government billions of dol- lobbying Congress making them the the quorum call be rescinded. lars over the years. 20th and 13th largest lobbying spenders The ACTING PRESIDENT pro tem- Unfortunately, the formula for com- in the country. pore. Without objection, it is so or- pensating private realtors uses a per- This amendment will assure and en- dered. centage range to award a portion of the sure that some of the toughest ques- Mr. LEAHY. Madam President, I was Government’s recovery to the realtor. tions are asked regarding the GSEs’— distracted in another conversation. The law allows the private realtor to Fannie Mae’s and Freddie Mac’s—spe- Senator COBURN left the floor. I wished collect up to 30 percent of the proceeds cial relationships with Congress and to speak to him about his amendment that are due to the Government. whether any conflict created by those because it appears to have already been Now, when this formula was first set relationships influenced the GSEs’ be- covered in the Isakson-Conrad amend- back in 1986, I don’t think any of us havior, especially to the taxpayers’ ment. I would like to ask if he also contemplated that the massive billion- detriment. feels that way. I would hope he might dollar recoveries we have seen today It requires the inspector general to come back to the floor so we could dis- would allow this kind of recovery to study what political contributions cuss that. the private parties as well. So although

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4610 CONGRESSIONAL RECORD — SENATE April 23, 2009 I think we all agree whistleblowers de- ment. Under my amendment, the Gov- ernment—the American taxpayers— serve to be compensated when they ernment would have been able to keep wouldn’t recover so much. save the Government money, I would an additional $387 million. So think The False Claims Act—and, again, also think we could agree there has to about it. This amendment would have Senator GRASSLEY and others were the be some limit; that they don’t deserve saved the Government $387 million. leaders in putting that together—has to be grossly overcompensated, espe- So let me conclude at this point. I brought back more than $22 billion into cially when that compensation comes have been advised there are very few the U.S. Treasury. at the expense of the Federal Treasury. law firms—but some law firms—that Now, it has a balanced approach in Let me note a few cases. I will put specialize in these cases. Obviously, providing incentives for said whistle- this entire statement in the RECORD they are fighting the amendment be- blowers. They share in such recoveries which has a lot of other cases as well, cause quite a little cottage industry if it is warranted and if it is approved but my colleagues will get the idea has grown. But I would note to my col- by the judge. A judge has to approve it. from just a few that I will mention. leagues if my recommendation is not It has worked out very well. Rather Private realtors shared $95 million as accepted—if my colleagues conclude than there being an arbitrary cap, I their share of a $559 million civil set- that $5 million is not enough for the would rather leave it to the judge to tlement paid to the United States by Government to pay a whistleblower— make the determination. Simply say- TAP Pharmaceutical Products. Private then what I would suggest is we make ing, well, we will limit it to three realtors shared $78 million as their that amount higher, and I will offer times the cost, then I worry about see- share of a $438 million Federal settle- subsequent requests to support a high- ing a padding of expenses. I think it is ment paid to the United States by Eli er amount. very well balanced the way it is, in- Lilly. A private realtor will receive I wish to note as well there will in- cluding having a judge make the final $47.8 million as his share of a recently evitably be new cases in which outsized decision. announced $325 million settlement paid awards are paid at the expense of the I think one of the things we all agree to the Government by Northrop. An- Government’s recovery. For example, upon—I am sure the Senator from Ari- other will share $46.4 million as their just last week, a False Claims Act suit zona and I agree—is that we have to share of a $375 million settlement paid against Quest Diagnostics resulted in a find fraud, we have to root it out, and to the United States by Cephelon. $302 million recovery for the Federal we have to bring those who commit There are several more of these cases, Government, but out of that amount, fraud to justice. What I am thinking all in the $30-, $40-, $50 million range, the Government was forced to pay $45 about, as Senator GRASSLEY has point- for payments that have been made to million to the private realtor. Had my ed out in the past, as have I, we have to the Government as a result of this law. amendment been law, the private real- give an incentive to the whistleblowers The point is, when they are sharing tor would still have received at least $5 to bring the case. After all, we have in that much of the proceeds, they are million for exposing the fraud, but the seen all too often a whistleblower will denying the taxpayers the benefit of Treasury would have received, and alert us to the fraud, and the first the False Claims Act which was, of therefore saved, an additional $40 mil- thing that happens is they lose their course, intended to benefit the Treas- lion. job. They often risk retaliation. In ury and not to significantly benefit So let me ask, rather than having a fact, if they are turning in their co- these private realtors. vote on each of these four amend- workers or their supervisors and bring- So, again, it is fair to generously ments—and I have discussed this with ing out the fraud, this could be life-al- compensate them when they help ex- the chairman of the Judiciary Com- tering. It could actually change their pose malfeasance that has cost the mittee and we have had a genial discus- professional career, often for the worse. Federal Government money. We want sion; and I suspect I know, at least the They are looked at as the bad guys, but them to receive an incentive to blow first couple of times, the fate of my they are not the bad guys; they are the the whistle on fraud or corruption. unanimous consent requests. Nonethe- good guys. We ought to reward them. However, the amounts I have de- less, amendment No. 989 would provide I will vote against it in this case. I scribed—$95 million in just one case, a $5 million cap. object to considering it. I know the for example—are wildly in excess of I would therefore ask unanimous con- Senator from Arizona is going to have what is necessary to spur such whistle- sent that amendment No. 989 be consid- further amendments, but I just want blowing. These amounts all come at ered and that the Senate be on record him to know—and I want my col- the expense of the Treasury. as supporting amendment No. 989 with leagues to know what I have told him Let me indicate the kind of savings the $5 million cap. privately. I commend him for—as we the Government could achieve under The ACTING PRESIDENT pro tem- have always done in cases we have this amendment. pore. Is there objection? had—talking to me ahead of time, as I The first request I will make today Mr. LEAHY. Madam President, I will have with him when I have had amend- would cap the private realtor recovery object, and I will just take a moment ments or matters that may involve at either $5 million or 300 percent of to explain. him. the expenses and costs in investigating First off, I would note, as he typi- So I yield the floor. and proving fraud against the Govern- cally does, the Senator from Arizona The PRESIDING OFFICER (Mr. ment. In other words, it is sort of a tri- came and talked to me before and was KAUFMAN). The request has been made. ple damages: for the amount of money very straightforward with what he was Is there objection? they put into it, there is, in effect, a going to do. Mr. LEAHY. I object. 400-percent recovery; they get 100 per- This talks about recoveries available The PRESIDING OFFICER. Objec- cent of their expenses, plus another 300 under the False Claims Act. I think the tion is heard. percent above that. It seems to me this Senate expert on the False Claims Act Mr. KYL. Mr. President, I appreciate provides more than adequate incentive is Senator GRASSLEY, a senior member the points made by the chairman of the for the whistleblowers who become of the Senate Judiciary Committee. Judiciary Committee. There does need aware of fraud and therefore expose it. Senator GRASSLEY opposes this, as do I. to be a reward, and there is some sub- In the eight cases I have described in I know there are going to be other jective judgment in what kind of a cap my statement, five of which I men- amounts the distinguished Republican is appropriate for the reasons that he tioned, private realtors received more leader is going to bring up, but my rea- pointed out. As a result, reasonable than $427 million at the expense of the son in opposing them—and he has ex- people could differ as to whether a $5 Government. When just one case plained each one of them to me ahead million cap would be too much. awards the private realtors $95 million, of time, so there is no surprise—but I For that reason, I indicated if the the numbers add up pretty quickly. So will oppose them because I believe chairman thought it was too much, I under this request I will make in just a without whistleblowers, a lot of these would suggest doubling the amount to moment, these same private realtors billions of dollars in fraud that have a $10 million cap which might be appro- would still have received a grand total been found wouldn’t have been found. priate. That is actually encompassed in of at least $40 million from the Govern- Without the whistleblowers, the Gov- amendment No. 988.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4611 So at this time I ask unanimous con- the chairman wishes to respond, I will ior investors from salespersons and advisers sent that amendment No. 988 be consid- withhold calling for the vote until he using such designations. ered pending and be adopted by unani- has responded. (b) DEFINITIONS.—As used in this section— mous consent, setting a $10 million cap The PRESIDING OFFICER. Does the (1) the term ‘‘misleading designation’’— on these recoveries. Senator ask for the regular order on (A) means the use of a purported certifi- cation, professional designation, or other The PRESIDING OFFICER. Is there his amendment? credential, that indicates or implies that a objection? Mr. KYL. That is correct, yes. salesperson or adviser has special certifi- Mr. LEAHY. Mr. President, as I indi- The PRESIDING OFFICER. The cation or training in advising or servicing cated to my friend earlier, I would ob- amendment is now pending. seniors; and ject to that, and I do object. Mr. LEAHY. Mr. President, I know (B) does not include any legitimate certifi- The PRESIDING OFFICER. Objec- the distinguished Senator from Iowa cation, professional designation, license, or tion is heard. wishes to speak on this amendment, other credential, if— The minority whip. and we will soon have a rollcall vote. I (i) it has been offered by an academic insti- Mr. KYL. Mr. President, as I said, I ask the Senator from Arizona and the tution having regional accreditation; or think it is going to be a little harder to (ii) it meets the standards for certifi- Senator from Iowa if we could withhold cations, licenses, and professional designa- object to a $20 million cap, but at this for 2 minutes in order for the Senator tions outlined by the North American Secu- time let me ask—again, this is subjec- from Wisconsin to speak on an amend- rities Administrators Association (in this tive. How much of a reward is enough ment of his, and then we will go back section referred to as the ‘‘NASAA’’) Model to cause people to come forward? Given to the amendment of the Senator from Rule on the Use of Senior-Specific Certifi- that we have this cottage industry of Arizona. cations and Professional Designations, or it firms that has found they can make a Mr. KYL. Yes. was issued by or obtained from any State; lot of money on these cases, it seems to The PRESIDING OFFICER. Is there (2) the term ‘‘financial product’’ means se- me there is adequate reward for whis- objection? Without objection, it is so curities, insurance products (including insur- ance products which pay a return, whether tleblowers who usually—and I am sure ordered. fixed or variable), and bank and loan prod- the chairman would agree—usually The Senator from Wisconsin is recog- ucts; come forward simply because they see nized. (3) the term ‘‘misleading or fraudulent something that is wrong and they have AMENDMENT NO. 990 marketing’’ means the use of a misleading the moral courage to come forward and Mr. KOHL. Mr. President, I call up designation in selling or advising a senior in say: We don’t think this practice is my amendment No. 990. the sale of a financial product; right. And they usually don’t do it for The PRESIDING OFFICER. Without (4) the term ‘‘senior’’ means any individual the financial reward. The law firms objection, the pending amendment is who has attained the age of 62 or older; and (5) the term ‘‘State’’ means each of the 50 that are involved do very well out of laid aside. States, the District of Columbia, and the un- this. The clerk will report. incorporated territories of Puerto Rico and So my last unanimous consent re- The bill clerk read as follows: the U.S. Virgin Islands. quest would be to consider amendment The Senator from Wisconsin [Mr. KOHL] (c) GRANT PROGRAM.—The Attorney Gen- No. 987 as pending, which would set a proposes an amendment numbered 990. eral of the United States (in this section re- $20 million cap on these awards. Mr. KOHL. Mr. President, I ask unan- ferred to as the ‘‘Attorney General’’)— The PRESIDING OFFICER. Is there imous consent that reading of the (1) shall establish a program in accordance objection? with this section to provide grants to amendment be dispensed with. States— Mr. LEAHY. Mr. President, reserving The PRESIDING OFFICER. Without the right to object, I hate to try to fix (A) to investigate and prosecute mis- objection, it is so ordered. leading and fraudulent marketing practices; something that I don’t think is broken. The amendment is as follows: or The False Claims Act has worked very (Purpose: To protect older Americans from (B) to develop educational materials and well for the U.S. taxpayers. It has misleading and fraudulent marketing prac- training aimed at reducing misleading and worked well. I know the Senator from tices, with the goal of increasing retire- fraudulent marketing of financial products Iowa worked so hard in putting this to- ment security) toward seniors; and gether in the first place. It has brought At the appropriate place, insert the fol- (2) may establish such performance objec- more than $22 billion back into the lowing: tives, reporting requirements, and applica- tion procedures for States and State agen- Treasury. The awards to whistle- SEC. ll. GRANTS TO STATES FOR ENHANCED cies receiving grants under this section as blowers have to be approved by a judge. PROTECTION OF SENIORS FROM BEING MISLEAD BY FALSE DESIGNA- the Attorney General determines are nec- I don’t want to fix something that is TIONS. essary to carry out and assess the effective- not broken, so, therefore, I will object, (a) FINDINGS.—Congress finds that— ness of the program under this section. and I do object. (1) many seniors are targeted by sales- (d) USE OF GRANT AMOUNTS.—A grant under The PRESIDING OFFICER. Objec- persons and advisers using misleading cer- this section may be used (including through tion is heard. tifications and professional designations; subgrants) by the State or the appropriate The minority whip. (2) many certifications and professional State agency designated by the State— Mr. KYL. Mr. President, finally, designations used by salespersons and advis- (1) to fund additional staff to identify, in- amendment No. 986, which is pending, ers represent limited training or expertise, vestigate, and prosecute cases involving mis- sets a $50 million cap. and may in fact be of no value with respect leading or fraudulent marketing of financial to advising seniors on financial and estate products to seniors; I certainly agree with the chairman planning matters, and far too often, such (2) to fund technology, equipment, and that you don’t want to fix something designations are obtained simply by attend- training for regulators, prosecutors, and law that is not broken. I submit that back ing a weekend seminar and passing an open enforcement in order to identify salespersons in 1986, a long time ago, these multibil- book, multiple choice test; and advisers who target seniors through the lion-dollar awards were not con- (3) many seniors have lost their life sav- use of misleading designations; templated, and times have changed. In ings because salespersons and advisers hold- (3) to fund technology, equipment, and the 20 or 30 years’ passage of time, we ing a misleading designation have steered training for prosecutors to increase the suc- have seen this cottage industry of liti- them toward products that were unsuitable cessful prosecution of those targeting seniors for them, given their retirement needs and with the use of misleading designations; gation grow, when the kinds of awards life expectancies; (4) to provide educational materials and that can be recovered—for example, a (4) seniors have a right to clearly know training to regulators on the appropriateness $97 million award—are simply beyond whether they are working with a qualified of the use of designations by salespersons the pale. They were not contemplated. adviser who understands the products and is and advisers of financial products; So it is broken to the extent that we working in their best interest or a self-inter- (5) to provide educational materials and have no upper limit in a case such as ested salesperson or adviser advocating par- training to seniors to increase their aware- that. ticular products; and ness and understanding of designations; (5) many existing State laws and enforce- (6) to develop comprehensive plans to com- AMENDMENT NO. 986 ment measures addressing the use of certifi- bat misleading or fraudulent marketing of fi- Therefore, I call up amendment 986, cations, professional designations, and suit- nancial products to seniors; and which is pending, and I request the ability standards in selling financial prod- (7) to enhance provisions of State law that yeas and nays on that amendment. If ucts to seniors are inadequate to protect sen- could offer additional protection for seniors

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4612 CONGRESSIONAL RECORD — SENATE April 23, 2009 against misleading or fraudulent marketing (A) by proactively identifying senior vic- the false claims provisions in the of financial products. tims of misleading and fraudulent marketing Leahy-Grassley bill, which deals with (e) GRANT REQUIREMENTS.— in the offer and sale of financial products; other provisions as well, but the False (1) MAXIMUM.—The amount of a grant (B) how the proposed program can assist in Claims Act is essential to accom- under this section may not exceed $500,000 the investigation and prosecution of those per fiscal year per State, if all requirements using misleading or fraudulent marketing in plishing the overall purposes of the of paragraphs (2), (3), (4), and (5) are met. the offer and sale of financial products to bill, along with other tools to do it—to Such amount shall be limited to $100,000 per seniors; and get rid of fraud. We are trying to just, fiscal year per State in any case in which the (C) how the proposed program can help dis- in this bill, in a very rifle shot way, State meets the requirements of— courage and reduce future cases of mis- correct some court opinions that have (A) paragraphs (2) and (3), but not each of leading or fraudulent marketing in the offer been detrimental and weaken the False paragraphs (4) and (5); or and sale of financial products to seniors; and (B) paragraphs (4) and (5), but not each of Claims Act. That is all we are trying to (3) describe how the proposed program is to accomplish in this bill that deals with paragraphs (2) and (3). be integrated with other existing State ef- (2) STANDARD DESIGNATION RULES FOR SECU- forts. bigger things as well. RITIES.—A State shall have adopted rules on (g) LENGTH OF PARTICIPATION.—A State re- What Senator KYL is bringing up is a the appropriate use of designations in the ceiving a grant under this section shall be legitimate subject of discussion be- offer or sale of securities or investment ad- provided assistance funds for a period of 3 cause it has been brought up at other vice, which shall, to the extent practicable, years, after which the State may reapply for times since passage of the False Claims conform to the minimum requirements of additional funding. Act 22 years ago. I don’t say it is not the NASAA Model Rule on the Use of Senior- (h) AUTHORIZATION OF APPROPRIATIONS.— Specific Certifications and Professional Des- legitimate to discuss it. But there is There are authorized to be appropriated to broader false claims legislation in the ignations, as in effect on the date of enact- carry out this section $8,000,000 for each of ment of this Act, or any successor thereto, the fiscal years 2010 through 2014. Judiciary, and it ought to be discussed as determined by the Attorney General. at a time when we have hearings on (3) SUITABILITY RULES FOR SECURITIES.—A Mr. KOHL. Mr. President, I speak this subject. There have been no hear- State shall have adopted standard rules on today in support of an amendment that ings on this. the suitability requirements in the sale of would protect older Americans from These amendments should be re- securities, which shall, to the extent prac- unscrupulous financial advisers. ticable, conform to the minimum require- viewed by the full committee under the In these tough economic times, sen- regular order process. That is the first ments on suitability imposed by self-regu- iors are discovering that their life sav- latory organization rules under the securi- point I wish to make to Senator KYL ties laws (as defined in section 3 of the Secu- ings have lost so much value they may about why not to consider this amend- rities Exchange Act of 1934), as determined not be able to fund their retirement. ment right now. by the Attorney General. Desperate for advice, they look toward The second one is the point he made (4) STANDARD DESIGNATION RULES FOR IN- investment advisers for strategies to on how big of an award is big enough to SURANCE PRODUCTS.—A State shall have ride out this economic storm. Unfortu- incentivize people to turn in fraud. adopted standard rules on the appropriate nately, we have learned that some are use of designations in the sale of insurance Mr. LEAHY. Will the Senator yield placing their trust in so-called ‘‘senior for a unanimous consent request? products, which shall, to the extent prac- investment advisers,’’ who in many ticable, conform to the minimum require- Mr. GRASSLEY. Yes. ments of the National Association of Insur- cases are one step above scam artists. Mr. LEAHY. Mr. President, I ask ance Commissioners Model Regulation on These individuals often have limited or unanimous consent that the vote on the Use of Senior-Specific Certifications and no education or training though they the Kyl amendment, now pending, Professional Designations in the Sale of Life claim titles with legitimate-sounding occur at 11:45 but that there be 2 min- Insurance and Annuities, as in effect on the names. utes equally divided immediately pre- date of enactment of this Act, or any suc- We know that an attorney must go to ceding the vote. First, I make that re- cessor thereto, as determined by the Attor- school for 3 years and pass a State bar quest. ney General. exam. A CPA must have a college de- (5) SUITABILITY RULES FOR INSURANCE PROD- The PRESIDING OFFICER. Is there gree, an additional year of study, and UCTS.—A State shall have adopted suitability objection? Without objection, it is so standards for the sale of annuity products, must pass a national exam. Neither can ordered. under which, at a minimum (as determined offer their professional services with- Mr. LEAHY. Mr. President, I ask for by the Attorney General)— out those credentials. Seniors should the yeas and nays on the amendment. (A) insurers shall be responsible and liable be able to trust the people who invest The PRESIDING OFFICER. Is there a for ensuring that sales of their annuity prod- their money. They should not be wor- sufficient second? There is a sufficient ucts meet their suitability requirements; ried that the title after their adviser’s second. (B) insurers shall have an obligation to en- name is scarcely more than a mar- sure that the prospective senior purchaser The yeas and nays were ordered. has sufficient information for making an in- keting ploy. Mr. LEAHY. Mr. President, I also ask formed decision about a purchase of an annu- This amendment would create a new unanimous consent that there not be ity product; grant program to assist States in their any amendments to that amendment. (C) the prospective senior purchaser shall efforts to protect seniors from mis- The PRESIDING OFFICER. Without be informed of the total fees, costs, and com- leading financial adviser designations objection, it is so ordered. missions associated with establishing the an- by encouraging them to adopt provi- Mr. GRASSLEY. Mr. President, the nuity transaction, as well as the total fees, sions outlined in the North American second point I wish to make before I costs, commissions, and penalties associated Securities Administrators Associa- get to my formal remarks is on the with the termination of the transaction or agreement; and tion’s and the National Association of question the Senator from Arizona (D) insurers and their agents are prohib- Insurance Commissioners’ model rules raised about how big of an incentive is ited from recommending the sale of an annu- on the use of senior designations. enough to get reported. That is a le- ity product to a senior, if the agent fails to I strongly encourage my colleagues gitimate question. obtain sufficient information in order to sat- to cosponsor this amendment. Here is my experience with 22 years isfy the insurer and the agent that the trans- Mr. President, I yield the floor and of the False Claims Act, dealing with action is suitable for the senior. suggest the absence of a quorum. whistleblowers, Government agencies (f) APPLICATION.—To be eligible for a grant under this section, the State or appropriate The PRESIDING OFFICER. The listening to whistleblowers or not, the State agency shall submit to the Attorney clerk will call the roll. Justice Department taking a case or General a proposal to use the grant money to The bill clerk proceeded to call the not taking a case, or whether the whis- protect seniors from misleading or fraudu- roll. tleblower initiates the case on their lent marketing techniques in the offer and Mr. GRASSLEY. Mr. President, I ask own. What I have found is that the sale of financial products, which application unanimous consent that the order for False Claims Act does not come up shall— the quorum call be rescinded. early in anybody’s thought process— (1) identify the scope of the problem; (2) describe how the proposed program will The PRESIDING OFFICER. Without about initiating a thought process that help to protect seniors from misleading or objection, it is so ordered. there might be fraud out there and fraudulent marketing in the sale of financial Mr. GRASSLEY. Mr. President, the somebody ought to be investigating products, including, at a minimum— first point I wish to make is that with and get to the bottom of it. Usually,

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4613 the whistleblower has ample evidence So we have $22 billion back because ticularly if one is ruining their profes- of that or they wouldn’t be doing it in of patriotic Americans. Do you know sional career by being a whistleblower, the first place. They jeopardize their what. Just because the False Claims coming forth to do what is patriotic, to profession and their job in Govern- Act has been out there, it has been a do what is right. It is, in fact, an incen- ment. That isn’t right, but whistle- preventive to fraud, like all the other tive that helps fuel complaints coming blowers who want to do the patriotic tools Senator LEAHY has in this bill in. thing actually jeopardize their profes- that will not only help with prosecu- However, if we start adding new caps sional future. What I have found is tion, but the possibility of prosecution to the already existing whistleblower they don’t even know about the False is going to be a preventive factor. caps, we could reduce the incentive for Claims Act or about getting a percent- So I feel strongly that if the issue of whistleblowers to proceed through the age of it. They don’t even know about an award limit comes up, it ought to be cases—or coming forward in the first whistleblower protection laws. They discussed thoroughly and thoughtfully place—that would help us then recover want to do the patriotic thing. They in a tool—the False Claims Act—which billions of dollars. want to report fraud. has proven its worth by $22 billion and I wish to share the story of Tina So to talk about the award being the a lot of unknown preventable fraud out Gonter who was a qui tam whistle- incentive to come forward, I don’t want there. We ought to think through it blower who testified before the Judici- to say that in some cases that may not thoughtfully. ary Committee last year. Ms. Gonter be the case, but in most cases these are I want this amendment defeated. The worked closely with the Government patriotic people knowing about the False Claims Act is the No. 1 tool for and went undercover at the company fraudulent use of taxpayer money, they recovering taxpayer dollars lost to for months collecting documents and think it is wrong and ought to stop, waste, fraud, and abuse. Whistle- evidence of a fraud against the Navy. and they think it ought to stop within blowers who bring fraud cases on behalf She even wore a wire for the Federal the agency. They don’t get anywhere of the Government, known as qui tam agents of the Defense Department. with the agency, so they come to other relators, often risk everything to un- Ultimately, a couple of individuals people, and eventually along the line, cover truth. went to jail as a result of Ms. Gonter’s probably, somebody says: You need to Currently, the False Claims Act pro- work. But the Government refused to take this to court, and you can get vides a reward to whistleblowers who sue the contractor for fraud. Believe something out of this if you win and if come forward with good-faith allega- that, the Government refused to sue you have a case. Probably the majority tions of fraud, waste, or abuse of Gov- with obvious evidence. Ms. Gonter filed of them don’t win. So they get nothing ernment dollars. a false claims case against the com- out of it. But they are trying to be pa- They are allowed to file a lawsuit on pany, and it was not joined by our own triotic citizens. behalf of the Federal Government, and Justice Department. The judge in that I think that bringing up the issue of the case remains under judicial seal in case even scolded the Justice Depart- how much of an award is big enough to Federal court. The Justice Department ment and the Navy for not joining the get this information out should not then decides to join a case or not join case. even be a part of the debate. It is still a case. If the Justice Department joins Ultimately, Ms. Gonter prevailed, something because we are talking a case and the case is successful, a and the contractor paid over $13 mil- about taxpayer money and what is an whistleblower can recover 15 to 25 per- lion to the Federal Government. Ms. incentive to do this, but it ought to be cent of the funds recovered. If the Jus- Gonter received a share of that money, discussed in a thoughtful way, not on tice Department does not join—then it but had she not brought this case, the an amendment to a bill that is trying is going to be a much more difficult Justice Department and the Defense to correct a few bad court decisions to process for the whistleblower and his Department would have been satisfied get the False Claims Act back to its or her counsel—the whistleblower can with simply putting two people in jail original purpose. go forward with the case and if they and allowing the contractor to walk I thank the Senator from Vermont are successful, they can recover more, away with the money it received for for letting me cooperate with him on somewhere between 25 and 30 percent, providing fraudulent product to the this issue. The Senator from Vermont depending upon the judge. Navy. And it is not just a case of fraud- also recognizes that the False Claims While some are arguing that this rep- ulent product to the Navy. It is a seri- Act is a very useful tool against fraud, resents a windfall for whistleblowers, ous safety matter for the people in the which is the overall purpose of the rest the statistics paint a different picture. military who put their lives on the line of Senator LEAHY’s and my bill. In fact, in cases where the Depart- in the defense of our freedom. The other thing you have to remem- ment of Justice joins the whistle- That is only one example out of 6,197 ber is that this has brought in $22 bil- blower, the average share for the whis- that the False Claims Act provides lion. Senator LEAHY made that very tleblower is not 25 percent or 30 per- power to get fraudulent activity under clear. There are so many court cases I cent, it is 16 percent. Compare that 16 control. It is a check on the power of can tell you about where the Govern- percent with the percentage it takes to the Government bureaucracy to look ment, through the Justice Department, administer Government generally, the other way—that is what the Jus- came in and tried to belittle the whis- throughout Government—about 12 per- tice Department did in this case—and tleblower, the claimant, to reduce, or cent. Do you, Mr. President, think pretend that fraud did not happen on even eliminate, any access to an award; there are enough people in the Justice their watch. However, it is fueled by how many times judges have had to be- Department, enough FBI people to courageous whistleblowers, such as rate people in the Justice Department. know where all the skeletons are bur- Tina Gonter, and without sufficient fi- I am not talking about Presidents ied, where all the frauds are being com- nancial incentives to come forward and Obama, Bush, Reagan, Bush 1, or Clin- mitted? No. This average award is not fight these cases for 5 to 10 years they ton; I am talking about several of them too far out of line with the average ad- can take in court, we may lose this val- where you wouldn’t even have a case— ministrative costs of Government. uable tool against fraud. in other words, saying to the pros- There have been 6,197 qui tam com- It is about recovering money, tax- ecutor and the Justice Department: Do plaints filed since 1986 which have re- payers’ money. I find it ironic—I hope you realize you would not even have sulted in $13.7 billion in recoveries to people are listening now because there had a case without this patriotic whis- the Federal Government. That aver- is a conflict here between maybe peo- tleblower coming forward? ages about $2.2 million recovered for ple on my side of the aisle who think More recently, there has been a case complaint filed. this is a good idea—I find it very ironic where the Justice Department asked In these 6,197 cases, the Government that those outside groups supporting not to proceed forward. The judge has paid qui tam whistleblowers $2.2 this amendment were in staunch oppo- stepped in and said: We are going to go billion in awards. That means the aver- sition to the idea of the Senate impos- forward; there is something wrong age share award for a qui tam whistle- ing any caps on executive compensa- here, and we are going to get to the blower is about $350,000. This is hardly tion at companies receiving bailout bottom of it. a windfall that one would seek, par- funds. Now instead, they want to cap

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4614 CONGRESSIONAL RECORD — SENATE April 23, 2009 the recovery of good-faith whistle- AMENDMENT NO. 1006 Literally, every day there is a new blowers to come forward with claims of Mr. SCHUMER. Mr. President, I story about a new fraud that robbed fraud at companies that are ripping off thank you for recognizing me. I thank guileless consumers of millions, some- American taxpayers. our chairman of the Judiciary Com- times billions, of dollars. Our author- The False Claims Act works and will mittee, Senator LEAHY, and one of our izations for prosecutions after the S&L continue to work if we do not cut the senior Republican Members, Senator crisis, which I played a role in when I incentives for relators to go to court. GRASSLEY, for not only managing this was in the House of Representatives, The law already has a cap for whistle- bill but for introducing it. I am a co- resulted from around 600 convictions blower recoveries. I urge my colleagues sponsor of the underlying bill, the and $130 million in ordered restitution to oppose this amendment which is Fraud Enforcement and Recovery Act, between 1991 and 1995. based on a couple of extreme examples because it provides much needed tools So far, even while the FBI is working from outlier cases that are not the to go after fraudsters, crooks, and on 2,000 mortgage fraud cases and while norm. thieves, and other common criminals the SEC has opened more than three We have $22 billion coming in under who have taken advantage of a bad dozen investigations into subprime- this act. Early on, we fought the de- economy to rob unsuspecting Ameri- backed securities, we have not provided fense industry to get this bill passed, cans of their savings. law enforcement with the additional and the defense industry tried to gut it I thank Senators LEAHY, GRASSLEY, funds to put the bad guys before the after it was passed. When they could KAUFMAN, and SPECTER, and all the courts and in jail, even though white- not because they did not have the prop- other cosponsors of the bill for their collar enforcement by the Federal Gov- er prestige, they came to the American hard work and making sure we finally ernment has been dangerously de- hospital industry to fight a front for do something about financial crime. pleted. them. That did not happen. I don’t From the beginning, however, I have I want to point perhaps to one of the know exactly what groups are out been of the view that there was one most high profile fraud cases in the there now backing all this. But when major omission—a glaring omission— history of our country—a case that was are you ever going to realize that in from this bill. The bill would authorize not brought soon enough—to explain this country, the taxpayers deserve $165 million a year for the Department why the SEC needs help, even though it some respect? And if there is fraud in of Justice, including $75 million more also deserves criticism and even out- for FBI agents, as well as money for your industry, it is no holds barred on rage for their previous actions. This is, prosecutors and fraud lawyers. the recovery and the preventing of of course, the case of Bernard Madoff That is all to the good. It would also and the tens of billions of dollars he fraud. provide $30 million to the Postal In- I yield the floor. stole from sophisticated and unsophis- spection Service, $30 million to the IG Mr. LEAHY. Mr. President, I under- of the Department of HUD, $20 million ticated investors alike. stand the senior Senator from New We don’t know all the facts yet, but for the Secret Service, all to inves- York has an amendment. While the all signs point to some kind of derelic- tigate financial and mortgage fraud. senior Senator from Iowa is on the tion of duty at the SEC. When we find But if one reads the list, one thing is floor, I ask unanimous consent that it out what went so horribly wrong, we missing, and that is the Securities and be in order for the Senator from New Exchange Commission. will figure out how to fix it. But this York to bring up his amendment—that Thanks to the hard work of many, in- much we know: The SEC receives hun- the pending amendment be set aside for cluding my cosponsor of this amend- dreds of thousands of tips a year about 5 minutes—speak on it, and if there are ment, Senator SHELBY, and Senator investment fraud. We don’t know why no objections to it, it then be accepted, GRASSLEY, the lead Republican sponsor the SEC didn’t catch on to the com- and we go back to the Kyl amendment of the bill, we have come up with a plaints of at least one brave whistle- so as not to interfere with the unani- compromise provision. Initially, on the blower, Harry Markopolos, and none of mous consent agreement to have a vote amendment we were going to offer, us here would ever excuse it. We can on the Kyl amendment at 11:45 a.m. I Senator GRASSLEY raised some very acknowledge, though, that the SEC make that request. valid points, and we have been working does not have sufficient technical and The PRESIDING OFFICER. Is there in the last 2 days to come to an agree- human resources to assess sophisti- objection? ment, and I am proud to say we have. cated trading patterns, complex finan- Mr. ENSIGN. Reserving the right to This amendment provides $20 million cial instruments, and risk factors in object, will the Senator repeat the for SEC enforcement. It would also the marketplace. When a complaint unanimous consent request? give an additional $1 million to the comes in, even a detailed complaint, Mr. LEAHY. If I can get the atten- SEC’s Office of Inspector General. I am such as the one received from Mr. tion of the senior Republican, my re- pleased to have played a role in putting Markopolos, they did not effectively quest is that the Senator from New together this package which will ulti- triage it. York be allowed to bring up his amend- mately benefit the American public The SEC’s budget has barely kept up ment for 5 minutes, and at the conclu- through safer markets and better polic- with inflation and cost of living adjust- sion of the 5 minutes, unless more time ing of our financial system. ments. It is not clear whether budget is requested by unanimous consent, The authorization to the SEC is nec- cuts caused them to let Madoff fall that the matter, if it can be disposed essary for fighting exactly the kind of through the cracks, but certainly budg- of, be disposed of, but in any event, at fraud that is covered by this bill. Leav- et increases wisely spent—and I have the end of that time, we go back to the ing the SEC out of this bill is a little faith that the new Chair will certainly Kyl amendment on which there is a like fighting a war without the ma- do that—will help prevent future unanimous consent agreement for a rines. The SEC is often the first line of Madoffs from happening. rollcall vote at a quarter of 12. enforcement before the criminal au- One of the things the SEC wants to Mr. ENSIGN. Mr. President, can I thorities get involved. do with the money we provide here is modify the request that I be recognized The SEC staffing decreased by 10 per- to hire people with specialized industry to call up an amendment, not to have cent from 2005 to 2007. The agency has skills, develop systems for nationwide action on it, call up an amendment, only begun to recover from these de- data centers—— spend 5 minutes on it following the creases. It is understaffed by more than The PRESIDING OFFICER. The Sen- Senator from New York to get my 115 employees. ator has used 5 minutes. amendment pending? Shockingly, the SEC’s technology Mr. SCHUMER. I ask unanimous con- Mr. LEAHY. I so modify it. That budget, the budget that determines the sent for 2 more minutes. would still leave the amount of time agency’s ability to analyze what went The PRESIDING OFFICER. Without Senator KYL has requested prior to a wrong in the markets and who caused objection, it is so ordered. vote on his amendment. it, is still only 50 percent of what it Mr. SCHUMER. One of the things the The PRESIDING OFFICER. Without was in 2005. SEC wants to do with this money is to objection, it is so ordered. We need to pass this bill now, and we hire people with specialized industry The Senator from New York. need to adopt this amendment now. skills, develop systems for nationwide

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4615 data searches based on tips and com- amendment be set aside, I call for reg- (A) specifically describe the extent, if any, plaints, and include their risk mod- ular order with regard to the Boxer to which such managers may— eling involving market data and intel- amendment, and that I be allowed to (i) invest the assets of a public-private in- call up a second-degree amendment, vestment fund in assets that are held or ligence. managed by such managers or the clients of It is incredible the chief regulator of No. 1003. such managers; and the most sophisticated economy in the Mr. LEAHY. Wait a minute. Reserv- (ii) conduct transactions involving a pub- world does not have this capability. ing the right to object, would the Sen- lic-private investment fund and an entity in Let’s help get the right cops on Wall ator repeat that? That is not my under- which such manager or a client of such man- Street and then get them the resources standing of what he was to do. Would ager has invested; they need to fight crime. Everyone has the Senator repeat the unanimous con- (B) take into consideration that there is a to do more with less these days, but I sent request? trade off between hiring a manager with sig- nificant experience as an asset manager that am not in favor of less resulting in let- Mr. ENSIGN. For the Chamber’s edi- fication, I have an amendment filed as has complex conflicts of interest, and hiring ting bad guys go free. a manager with less expertise that has no I thank my colleague, Senator a first-degree and I also have a second- conflicts of interest; and GRASSLEY. As I said, the compromise degree. I was going to call up the sec- (C) acknowledge that the types of entities we have come up with I think is fair ond-degree amendment. that are permitted to make investment deci- because it both beefs up the SEC and Mr. LEAHY. That was not my under- sions for a public-private investment fund deals with Senator GRASSLEY’s con- standing of what the Senator was ask- may need to be limited to mitigate conflicts cerns related to the inspector general. ing, so I would object. of interest; (2) require the disclosure of information re- I hope that at some point—we are still AMENDMENT NO. 1004 Mr. ENSIGN. Mr. President, I ask garding participation in and management of awaiting a letter from the SEC—we can public-private investment funds, including ask unanimous consent to move this unanimous consent that the pending any transaction undertaken in a public-pri- amendment forward. It has bipartisan amendment be set aside and I call up vate investment fund; support. amendment No. 1004, which is the first- (3) require each public-private investment With that, Mr. President, I yield the degree amendment. fund to make a certified report to the Sec- floor. Mr. LEAHY. Reserving the right to retary of the Treasury that describes each object, and I shall not object, it is my transaction of such fund and the current Mr. KAUFMAN. The clerk will report value of any assets held by such fund, which the amendment. understanding that we now have about 7 minutes or 8 minutes. Then we will report shall be publicly disclosed by the Sec- The assistant legislative clerk read retary of the Treasury; as follows: go off this and go back to the Kyl (4) require each manager of a public-pri- The Senator from New York [Mr. SCHU- amendment. I want to protect the Sen- vate investment fund to report to the Sec- MER], for himself, Mr. SHELBY, Mr. DODD, ator from Arizona on his amendment. retary of the Treasury any holding or trans- Mrs. FEINSTEIN, and Mr. GRAHAM, proposes Even though it is one I disagree with, I action by such manager or a client of such an amendment numbered 1006. want to protect his right to have that. manager in the same type of asset that is Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. Without held by the public-private investment fund; objection, it is so ordered. (5) allow the Special Inspector General of sent that the amendment be considered the Troubled Asset Relief Program, access to as read. The clerk will report. The assistant legislative clerk read all books and records of a public-private in- The PRESIDING OFFICER. Without vestment fund; as follows: objection, it is so ordered. (6) require each manager of a public-pri- The amendment is as follows: The Senator from Nevada [Mr. ENSIGN] vate investment fund to retain all books, proposes an amendment numbered 1004. (Purpose: To provide additional funding to documents, and records relating to such pub- the SEC to use in enforcement proceedings) Mr. ENSIGN. Mr. President, I ask lic-private investment fund, including elec- tronic messages; At the appropriate place in section 3, in- unanimous consent that further read- ing of the amendment be dispensed (7) allow the Special Inspector General of sert the following: the Troubled Asset Relief Program, the Sec- (—) ADDITIONAL APPROPRIATIONS FOR THE with. The PRESIDING OFFICER. Without retary of the Treasury, and any other Fed- SECURITIES AND EXCHANGE COMMISSION.— eral agency with oversight responsibilities (1) IN GENERAL.—There is authorized to be objection, it is so ordered. access to— appropriated to the Securities and Exchange The amendment is as follows: (A) the books, documents, records, and em- Commission, $20,000,000 for each of the fiscal (Purpose: To impose certain requirements on ployees of each manager of a public-private years 2010 and 2011 for investigations and en- public-private investment fund programs, investment fund; and forcement proceedings involving financial and for other purposes) (B) the books, documents, and records of institutions, including financial institutions At the end of the bill, add the following: each private investor in a public-private in- to which this Act and amendments made by SEC. 5. PUBLIC-PRIVATE INVESTMENT PROGRAM. vestment fund that relate to the public-pri- this Act apply. (a) IN GENERAL.—Any program established vate investment fund; (2) INSPECTOR GENERAL.—There is author- by the Secretary of the Treasury or the (8) require each manager of a public-pri- ized to be appropriated to the Securities and Board of Directors of the Federal Deposit In- vate investment fund to give such public-pri- Exchange Commission, $1,000,000 for each of surance Corporation that does any of the fol- vate investment fund terms that are at least the fiscal years 2010 and 2011 for the salaries lowing shall meet the requirements of sub- as favorable as those given to any other per- and expenses of the Office of the Inspector section (b): son for whom such manager manages a fund; General of the Securities and Exchange Com- (1) Creates a public-private investment (9) require each manager of a public-pri- mission. fund. vate investment fund to acknowledge a fidu- The PRESIDING OFFICER. The Sen- (2) Makes available any funds from the ciary duty to the public and private inves- ator from Vermont. Troubled Asset Relief Program established tors in such fund; Mr. LEAHY. Mr. President, are we under title I of the Emergency Economic (10) require each manager of a public-pri- now back on the Kyl amendment? Stabilization Act of 2008 (12 U.S.C. 5211 et vate investment fund to develop a robust The PRESIDING OFFICER. We are, seq.) or the Federal Deposit Insurance Cor- ethics policy that includes methods to en- but the Senator from Nevada is to be poration for— sure compliance with such policy; (A) a public-private investment fund; or recognized. (11) require stringent investor screening (B) a loan to a private investor to fund the procedures for public-private investment Mr. LEAHY. Before that happens, I purchase of a mortgage-backed security or funds that include know your customer re- thank the Senator from New York and an asset-backed security. quirements at least as rigorous as those of a the Senator from Iowa. They have been (3) Employs or contracts with a private commercial bank or retail brokerage oper- meeting with me and my staff for sector partner to manage assets for a public- ation; weeks on this amendment. I am glad private investment program. (12) require each manager of a public-pri- they were able to reach agreement on (4) Guarantees any debt or asset for pur- vate investment fund to identify for the Sec- the amendment. poses of a public-private investment pro- retary of the Treasury each beneficial owner I yield the floor. gram. of a private interest in such fund; and (b) REQUIREMENTS.—Any program described The PRESIDING OFFICER. The Sen- (13) require the Secretary of the Treasury in subsection (a) shall— to ensure that all investors in a public-pri- ator from Nevada. (1) impose strict conflict of interest rules vate investment fund are legitimate. Mr. ENSIGN. Mr. President, I ask on managers of public-private investment (c) REPORT.—Not later than 45 days after unanimous consent that the pending funds that— the date of the establishment of a program

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4616 CONGRESSIONAL RECORD — SENATE April 23, 2009 described in subsection (a), the Special In- promise of bringing in transparency Mr. LEAHY. Mr. President, I suggest spector General of the Troubled Asset Relief and open government. That is what he the absence of a quorum. Program shall submit to Congress a report promised upon coming in. This par- The PRESIDING OFFICER. The Sen- on the implementation of this section. ticular amendment will help ensure ator from Nevada has the floor. (d) DEFINITION.—In this section, the term ‘‘public-private investment fund’’ means a fi- that the American people have trans- Mr. ENSIGN. I call up amendment nancial vehicle that is— parency and that their interests are No. 1003. (1) established by the Federal Government protected, especially their dollars are Mr. LEAHY. Mr. President, I suggest to purchase pools of loans, securities, or as- protected with this new program that the absence of a quorum. Will the Sen- sets from a financial institution described in literally could run into the hundreds of ator give up the floor? section 101(a)(1) of the Emergency Economic billions of dollars. The PRESIDING OFFICER. The Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); With that, Mr. President, I yield the clerk will report. and floor, and I urge all of my colleagues to The assistant legislative clerk read (2) funded by a combination of cash or eq- support this amendment. Hopefully, we as follows: uity from private investors and funds pro- won’t get blocked on having a vote on vided by the Secretary of the Treasury, the The Senator from Nevada [Mr. ENSIGN] Federal Deposit Insurance Corporation, or this amendment. proposes an amendment numbered 1003 to the Board of Governors of the Federal Re- The PRESIDING OFFICER. The Sen- amendment No. 1000. serve System. ator from Vermont. The amendment is as follows: Mr. LEAHY. Mr. President, I assume Mr. ENSIGN. Mr. President, tax- (Purpose: To impose certain requirements on the Banking Committee will talk public-private investment fund programs, payers and politicians alike have been about the amendment of the Senator too long in the dark about how the and for other purposes) from Nevada. After page 2, line 20, add the following: Treasury has been implementing this If I could have the attention of the so-called TARP program—or as most (f) PUBLIC-PRIVATE INVESTMENT PRO- Senator from Nevada, if his staff would GRAM.— people in the country know it, the allow me to have the attention of the (1) IN GENERAL.—Any program established bank bailout program. The President Senator from Nevada for a moment, I by the Secretary of the Treasury or the has proposed and Treasury Secretary realize we are merely constitutional Board of Directors of the Federal Deposit In- Geithner has proposed a new toxic impediments to the staff. I hate to surance Corporation that does any of the fol- asset plan that could put hundreds of interfere. lowing shall meet the requirements of para- billions of dollars of the taxpayers’ Again, this is one of a series of graph (2): money at risk, so we need to do this amendments that is not at all within (A) Creates a public-private investment right. the jurisdiction of the Judiciary Com- fund. The special inspector general for (B) Makes available any funds from the mittee. I find it an interesting amend- Troubled Asset Relief Program established TARP has stated that this new toxic ment, but it is within the jurisdiction under title I of the Emergency Economic asset buy-back program—called the of the Banking Committee. I was hop- Stabilization Act of 2008 (12 U.S.C. 5211 et Public-Private Investment Program— ing, since there is going to be a bank- seq.) or the Federal Deposit Insurance Cor- is ‘‘inherently vulnerable to fraud, ing bill next week, that some of these poration for— waste, and abuse.’’ The special IG’s re- banking amendments would actually (i) a public-private investment fund; or port outlined a number of good rec- go on the Banking bill and have Judici- (ii) a loan to a private investor to fund the ommendations that are necessary to ary amendments on the Judiciary bill. purchase of a mortgage-backed security or protect the taxpayers and to ensure the And I would assume that the discussion an asset-backed security. (C) Employs or contracts with a private will be carried out by Senators DODD integrity of this new program. sector partner to manage assets for a public- My amendment would simply require and SHELBY of the Banking Committee, private investment program. that the Treasury Department imple- in that there is no relationship at all (D) Guarantees any debt or asset for pur- ment the recommendations from this to the Judiciary Committee bill. poses of a public-private investment pro- special inspector general before allo- I would add to that, of course, that gram. cating money under this new program the Senator from Nevada has an abso- (2) REQUIREMENTS.—Any program described known as the Public-Private Invest- lute right to bring up anything. Some- in paragraph (1) shall— ment Program. one can bring up something on agri- (A) impose strict conflict of interest rules These requirements include, very culture and price supports, I suppose. on managers of public-private investment But I wish we could keep it to Judici- funds that— simply, No. 1, imposing strict conflict (i) specifically describe the extent, if any, of interest rules to prevent PPIP fund ary matters. to which such managers may— managers from inappropriately using Mr. President, am I correct we are (I) invest the assets of a public-private in- the program to benefit themselves or now back on the Kyl amendment? vestment fund in assets that are held or their clients. Common sense. Makes The PRESIDING OFFICER. The Sen- managed by such managers or the clients of sense. No. 2, mandate complete trans- ate is on the Kyl amendment. such managers; and parency of this program, including pub- Mr. LEAHY. I thank the Chair, and I (II) conduct transactions involving a pub- lic disclosure of all transactions and suggest the absence of a quorum. lic-private investment fund and an entity in Mr. ENSIGN addressed the Chair. which such manager or a client of such man- the current valuation of all assets. And Mr. LEAHY. I withhold that request ager has invested; No. 3, requiring that the fund managers for the Senator from Nevada. (ii) take into consideration that there is a who manage this program have strin- AMENDMENT NO. 1000 trade off between hiring a manager with sig- gent investor screening procedures, at Mr. ENSIGN. Mr. President, I call for nificant experience as an asset manager that least as rigorous as typical know-your- regular order on the Boxer amendment. has complex conflicts of interest, and hiring a manager with less expertise that has no customer procedures found at commer- The PRESIDING OFFICER. The cial banks or retail brokerage firms to conflicts of interest; and amendment is pending. (iii) acknowledge that the types of entities ensure investors are legitimate. The Senator from Vermont. Let’s put these safeguards in place. that are permitted to make investment deci- Mr. LEAHY. Mr. President, I thought sions for a public-private investment fund These are common sense. We are all the Kyl amendment was pending by may need to be limited to mitigate conflicts talking about a bill in front of us that unanimous consent. of interest; eliminates fraud and abuse. Well, there The PRESIDING OFFICER. The Kyl (B) require the disclosure of information is no bigger program that we have amendment was pending, but the Sen- regarding participation in and management right now than the TARP program. We ator has called for regular order. of public-private investment funds, including need to eliminate fraud and abuse. And Mr. ENSIGN. Mr. President, do I any transaction undertaken in a public-pri- when the special inspector general has have the floor? vate investment fund; said this new program is ripe with The PRESIDING OFFICER. The Sen- (C) require each public-private investment ator from Nevada. fund to make a certified report to the Sec- fraud and abuse, we ought to protect retary of the Treasury that describes each the taxpayers. AMENDMENT NO. 1003 TO AMENDMENT NO. 1000 transaction of such fund and the current I urge my colleagues to adopt this Mr. ENSIGN. Mr. President, I call up value of any assets held by such fund, which amendment so that the Treasury De- as my second-degree amendment No. report shall be publicly disclosed by the Sec- partment fulfills President Obama’s 1003. retary of the Treasury

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4617 (D) require each manager of a public-pri- AMENDMENT NO. 986 ment. The yeas and nays have been vate investment fund to report to the Sec- Mr. LEAHY. Mr. President, I under- previously ordered. The clerk will call retary of the Treasury any holding or trans- stand that the Senator from Arizona the roll. action by such manager or a client of such and I have 2 minutes equally divided The assistant legislative clerk called manager in the same type of asset that is between us before the vote? the roll. held by the public-private investment fund; The PRESIDING OFFICER. That is (E) allow the Special Inspector General of Mr. REID. I announce that the Sen- the Troubled Asset Relief Program, access to correct. ator from Illinois (Mr. DURBIN), the all books and records of a public-private in- Mr. LEAHY. I know Senator KYL is Senator from Massachusetts (Mr. KEN- vestment fund; on the way. I will say what I said be- NEDY), the Senator from New Jersey (F) require each manager of a public-pri- fore, when he was standing on the (Mr. LAUTENBERG), the Senator from vate investment fund to retain all books, floor. I, along with Senator GRASSLEY, Connecticut (Mr. LIEBERMAN), and the documents, and records relating to such pub- strongly oppose his amendment be- Senator from West Virginia (Mr. lic-private investment fund, including elec- cause the False Claims Act is so well ROCKEFELLER) are necessarily absent. tronic messages; put together, has a balanced approach Mr. KYL. The following Senators are (G) allow the Special Inspector General of of providing incentives for whistle- the Troubled Asset Relief Program, the Sec- necessarily absent: the Senator from retary of the Treasury, and any other Fed- blowers, and has recovered more than Tennessee (Mr. ALEXANDER) and the eral agency with oversight responsibilities $22 billion for the Treasury. That is Senator from Kansas (Mr. ROBERTS). access to— why Senator GRASSLEY and I oppose Further, if present and voting, the (i) the books, documents, records, and em- the amendment by the Senator from Senator from Tennessee (Mr. ALEX- ployees of each manager of a public-private Arizona. Awards to whistleblowers ANDER) would have voted: ‘‘yea.’’ investment fund; and have to be approved by judges, so there The PRESIDING OFFICER (Mrs. (ii) the books, documents, and records of is a mechanism to handle excessive HAGAN). Are there any other Senators each private investor in a public-private in- awards. in the Chamber desiring to vote? vestment fund that relate to the public-pri- When we have something like the The result was announced—yeas 31, vate investment fund; False Claims Act that is working as (H) require each manager of a public-pri- nays 61, as follows: vate investment fund to give such public-pri- well as it is—as I said, it is one of the [Rollcall Vote No. 162 Leg.] vate investment fund terms that are at least few things that has made money for YEAS—31 the Federal Government. So far it has as favorable as those given to any other per- Barrasso Cornyn McCain son for whom such manager manages a fund; made $22 billion for the U.S. taxpayers. Bennett DeMint McConnell (I) require each manager of a public-pri- I hate to interfere with something that Bingaman Ensign Murkowski vate investment fund to acknowledge a fidu- is working. Bond Enzi Sessions ciary duty to the public and private inves- My time is up. The Senator from Ari- Brownback Gregg Shelby tors in such fund; Bunning Hatch Specter zona is on the Senate floor. Burr Hutchison (J) require each manager of a public-pri- The PRESIDING OFFICER. The Sen- Thune Chambliss Inhofe Vitter vate investment fund to develop a robust Coburn Isakson ator from Arizona is recognized. Wicker ethics policy that includes methods to en- Mr. KYL. Mr. President, the purpose Cochran Kyl sure compliance with such policy; Corker Lugar (K) require stringent investor screening of this amendment is to provide a limi- NAYS—61 procedures for public-private investment tation of $50 million for the recovery of funds that include know your customer re- the whistleblowers who bring actions Akaka Graham Nelson (NE) quirements at least as rigorous as those of a that result in recovery for the Govern- Baucus Grassley Nelson (FL) Bayh Hagan commercial bank or retail brokerage oper- Pryor ment of money that otherwise would Begich Harkin Reed ation; have been lost due to fraud. There Bennet Inouye Reid (L) require each manager of a public-pri- needs to be a reward, and most of these Boxer Johanns Risch vate investment fund to identify for the Sec- whistleblowers, frankly, are not look- Brown Johnson Sanders retary of the Treasury each beneficial owner Burris Kaufman Schumer ing for money. But it seems to me, Byrd Kerry of a private interest in such fund; and Shaheen Cantwell Klobuchar (M) require the Secretary of the Treasury from 1986 when we did this, we never Snowe contemplated these multibillion-dollar Cardin Kohl to ensure that all investors in a public-pri- Carper Landrieu Stabenow vate investment fund are legitimate. settlements or awards, and to provide Casey Leahy Tester (3) REPORT.—Not later than 45 days after up to 30 percent of that to the people Collins Levin Udall (CO) the date of the establishment of a program who bring the action is too much. We Conrad Lincoln Udall (NM) Voinovich described in paragraph (1), the Special In- could save the Federal Government a Crapo Martinez spector General of the Troubled Asset Relief Dodd McCaskill Warner lot of money if we put in a modest lim- Webb Program shall submit to Congress a report Dorgan Menendez Feingold Merkley Whitehouse on the implementation of this section. itation. I would argue a $50 million award per case is a pretty liberal Feinstein Mikulski Wyden (4) DEFINITION.—In this subsection, the Gillibrand Murray term ‘‘public-private investment fund’’ award. My amendment would cap the means a financial vehicle that is— award at $50 million, and I ask my col- NOT VOTING—7 (A) established by the Federal Government leagues to support the amendment. Alexander Lautenberg Rockefeller to purchase pools of loans, securities, or as- The PRESIDING OFFICER. The Sen- Durbin Lieberman Kennedy Roberts sets from a financial institution described in ator from Iowa is recognized. section 101(a)(1) of the Emergency Economic Mr. GRASSLEY. Mr. President, I ask The amendment was rejected. Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); unanimous consent for 15 seconds. Mr. LEAHY. I move to reconsider the and The PRESIDING OFFICER. Without vote and to lay that motion on the (B) funded by a combination of cash or eq- objection, it is so ordered. table. uity from private investors and funds pro- The motion to lay on the table was vided by the Secretary of the Treasury, the Mr. GRASSLEY. Mr. President, I Federal Deposit Insurance Corporation, or would like to point out, as I did in my agreed to. the Board of Governors of the Federal Re- debate, that we have a much larger VOTE EXPLANATION serve System. False Claims Act bill pending in the Mr. DURBIN. Mr. President, on vote Mr. LEAHY. Mr. President, I suggest Judiciary Committee. I think what the No. 162, I was unavoidably detained due the absence of a quorum. Senator from Arizona brought up is a to my representation of the Senate at legitimate subject for discussion, but it the annual Day of Remembrance Cere- The PRESIDING OFFICER. The ought to be discussed in the wider glob- mony. clerk will call the roll. al issue of the False Claims Act and Had I been present for the vote, I The assistant legislative clerk pro- not in a fraud bill where we are just would have voted ‘‘nay’’ on Kyl amend- ceeded to call the roll. trying to make some very short ment No. 986 to the Fraud Enforcement Mr. LEAHY. Mr. President, I ask changes in the False Claims Act. and Recovery Act of 2009. unanimous consent that the order for I ask my colleagues to vote against The PRESIDING OFFICER. The Sen- the quorum call be rescinded. the Kyl amendment. ator from Connecticut. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Mr. DORGAN. Will the Senator objection, it is so ordered. question is on agreeing to the amend- yield?

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4618 CONGRESSIONAL RECORD — SENATE April 23, 2009 Mr. DODD. I will. cept them as part of this bill, and oth- hearings on how that happened, wheth- Mr. DORGAN. I ask unanimous con- ers which are of concern to me and er or not people were doing their jobs. sent to be recognized following the re- which I would oppose for reasons I will Senator SCHUMER has suggested we marks of the Senator from Con- briefly explain. provide additional resources. necticut. On a positive note, Senator COBURN Earlier this year, I requested, along The PRESIDING OFFICER. Without has offered amendment No. 983. This with members of my committee, a bil- objection, it is so ordered. amendment would require the exam- lion dollars a year for the SEC in 2010, Mr. LEAHY. Madam President, if the ination of what happened with the a level which we still will not reach Senator will yield for a moment, this GSEs, Fannie Mae, Freddie Mac, the with this additional $20 million. Many bill would have been easily finished Federal Home Loan Banks. of us agree that the Securities and Ex- last night, but I understand, under the Yesterday, we adopted a proposal, of- change Commission has to have the Senate schedule, we were unable to fered by Senators ISAKSON, CONRAD, tools and the staff to do the job. There continue at that time. I hope we will and myself, to establish a commission are an awful lot of scams going on. We finish soon so that we don’t have to to examine thoroughly how we got into don’t want to hear about Americans spend a great deal more time. We have the situation we find ourselves in. being victimized by them any longer. had a large number of amendments There has been a debate about whether While there is no guarantee that with that are basically Banking Committee we ought to do that with an outside additional resources and personnel we amendments, and other committees, commission or within the Congress. will stop all of them, we certainly not the Judiciary Committee. We There is a legitimate debate about know that with additional resources should come back to realizing that this that. My colleague from North Dakota and tools, we can minimize the prob- is a Judiciary bill. Every one of us says proposed a select committee, which lems that emerged with the Madoff and we are against those who are stealing was adopted last evening. Whether we Stanford scandals. Senator SCHUMER life savings and money set aside for adopt the select committee approach has offered a very good amendment, kids’ colleges and stealing people’s or an outside commission, in either and I urge that it be accepted. homes. We all say we would love to put case, the GSEs would be a part of that Those three amendments are ones we them in jail. We will not do it until we examination. can accept, and hopefully we will in get the bill through. I make the case that the amendment order to assist our colleague from I yield the floor. of the Senator from Oklahoma may be Vermont and others in moving this bill The PRESIDING OFFICER. The Sen- duplicative or unnecessary. But rather along. ator from Connecticut. than have an extended debate about Let me mention a couple of amend- Mr. HATCH. Madam President, if the that, I recommend we accept the ments with which I have some dif- Senator will yield for a unanimous con- amendment. The issues surrounding ficulty. sent request. the GSEs are clearly going to be a part First, the Coburn amendment No. Mr. DODD. I will. of the look-back. So rather than have 982. This amendment would authorize Mr. HATCH. I ask unanimous consent extended debate about that, let’s just the use of TARP funds to cover the that I be permitted to call up an accept the amendment and move on. cost of this bill. I have many problems amendment following the remarks of Then the commission or the select with this amendment. First, there is a Senators DODD and DORGAN. committee can make those specific de- point of order against this amendment. The PRESIDING OFFICER. Without terminations. I urge that a voice vote But aside from the point of order, the objection, it is so ordered. be acceptable on that issue. purpose of TARP, which Congress Mr. DODD. Madam President, the Senator KOHL has offered amendment passed last year, was to provide assist- Fraud Enforcement and Recovery Act No. 990. That amendment is designed to ance to unlock our frozen financial of 2009 comes out of the Judiciary Com- offer additional protections to older markets in order to provide credit for mittee. Senators LEAHY and GRASSLEY Americans from misleading and fraud- small businesses; to purchase securities and their colleagues have worked hard ulent marketing practices within the backed by loans from small businesses; to put together a strong bipartisan bill financial area. I commend my col- to provide capital to banks so they can to deal with fraud. In fact, I am told league for his amendment. We all know continue to make loans, although not that for every dollar we invest in this elderly Americans are some of the many of them are doing so, but that effort, there is roughly $15 that would most—if not the most—vulnerable to was the idea behind the program; and accrue to the benefit of American tax- the marketing scams that go on, either to fund the Making Home Affordable payers. I commend them for their ef- through direct mail operations or tele- Programs, which modifies mortgage forts on this important piece of legisla- marketing operations. People who are loans, either reducing principal or in- tion. alone and vulnerable in many ways are terest, so that we can mitigate the However, this Judiciary Committee incredibly susceptible to some egre- 10,000 people a day who are entering bill is sort of turning into a Banking gious marketing techniques. The Sen- into foreclosure and for whom modi- Committee bill as most of the amend- ator has offered an amendment that fying those loans is critically impor- ments being offered are within the ju- would provide additional security for tant. If we start going around and de- risdiction of the Banking Committee. I those in retirement, and we can all ap- ciding we will use TARP funds for understand the appetite of my col- plaud him for that effort. The amend- every idea and every bill that comes to leagues to address some of these ques- ment has been endorsed by the North the floor we will deprive the Treasury tions. Some of them are very good American Securities Administrators, and others of the tools necessary to get ideas, ones that I will mention in a mo- financial planners, the Consumer Fed- our economy moving again. If we start ment and that I can support. Others eration of America, and many others. I spreading TARP resources in areas are very complicated and have are commend Senator KOHL for that that have little or nothing to do with technical issues, but they also could do amendment and again urge my col- the underlying economic crisis we will great damage to the effort we are all leagues to accept it, if that is accept- be taking a step in the wrong direction. principally engaged in and desirous of able to the Senator from Wisconsin. I urge my colleagues to vote against achieving, and that is to restore con- Senator SCHUMER has offered amend- amendment No. 982 for those reasons. If fidence and optimism in order to get ment No. 1006 which would add $20 mil- we start down this path, it will be more our economic system back on its feet. lion of authorization to the Securities and more difficult to get our economy I thought it might be valuable, as and Exchange Commission in funding back on its feet again. I know that chairman of the Banking Committee, for 2010 and 2011. All of us can appre- many of my colleagues disagreed with to run through the amendments that ciate the need for additional support the TARP, but that is what Congress affect the jurisdiction of the Banking for the Enforcement Division. Ameri- adopted. There were those who ob- Committee and to share some of my cans are painfully aware of the Madoff jected to using TARP money for the observations on ones I would be willing scandal as well as the Stanford Ponzi auto industry and believed that was to support, which means we could pos- schemes. We have had these agencies wrong. There may be other areas where sibly have voice votes on them and ac- before our Banking Committee with some have disagreed with the use of

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But to have it become a ator VITTER, this amendment, I think seems to me to constrict that kind of funding mechanism for every bill that no matter how good his intentions, action is exactly the wrong direction comes along would undermine the very may actually do a lot more damage and to be going in at this very moment. purpose of those programs. harm if it were to be adopted at this The Government’s upside potential The next two amendments I urge my critical moment when we see that could be much greater with common colleagues to pay attention to and I be- glimmer of light that our economy is shares in some instances, and to deny lieve are matters of concern are the beginning to show some signs of recov- the ability of our Treasury and others amendments from our colleague from ery. This amendment could set us back to make that kind of conversion I Louisiana, Senator VITTER, No. 991, and at the very moment we may be heading think could be harmful. Senator DEMINT from South Carolina, in the right direction. Allowing conversion from preferred amendment No. 994. Let me explain The last amendment I will address at shares to common shares would permit both of the amendments and why I this moment is one offered by our col- the Treasury to provide additional have concerns about each of them. league from South Carolina, Senator flexibility and assistance to financial The Vitter amendment has to do DEMINT. I am not in any way dispar- institutions and, maybe most impor- with the issue of warrants. It is a com- aging the intentions of my colleagues tantly, would limit the use of addi- plicated subject matter, but let me here. I have great respect for all whom tional taxpayer funds. Let me empha- briefly explain it. What would be the I serve with, and their intentions, I am size that point. I think we are all pain- effect of this amendment? This amend- sure, are motivated by their own fully aware that with about $100 billion ment is basically a favor to banks and framework of how they see these left of TARP funds, if you restrict the minimizes help for taxpayers. That is issues. But this amendment concerns ability to move from preferred shares what it comes down to. This amend- me as well in a similar vein. It is a dif- to common shares, you increase the ment would take away the discretion ferent subject matter, but a similar ap- likelihood of having to come back here. of regulators and the Treasury to im- proach. I do not know of a single Member of pose additional capital requirements or Here is what I mean by that. The this body who welcomes coming back any other requirements on a TARP re- DeMint amendment also allows a lot of here seeking additional TARP funds. cipient that could benefit taxpayers or discretion to be left in the hands of the That may very well occur, but it will protect the financial system. Under financial institutions, the institutions occur a lot more rapidly if you adopt this amendment, the financial institu- which have received, of course, tremen- the DeMint amendment. tions would have the discretion to act dous support from the American tax- So while, again, I respect my col- on their own in areas where they cur- payer. This amendment would deprive league from South Carolina, a member rently can not. It is quite clear that the Treasury of the ability to convert of our committee—and I do not ques- when they receive, in many cases, bil- preferred stock to common stock. That tion at all his motivations in all of lions of dollars in taxpayer money to conversion could allow banks to basi- this—I say in this case as well, as with shore up their position, to salvage cally shore up their balance sheets. the Vitter amendment, you are re- these institutions, that to then turn That is what some are considering to stricting the ability of the people we around and allow them unilaterally to do. This would limit their ability to do have charged with managing this. If we make decisions which could harm the that. It would say you could not do end up having Congress—535 Members taxpayer and cause even further delay that. You could not have that kind of of Congress—deciding on a daily basis of financial system recovery is exactly conversion. how to micromanage this program, and the wrong direction in which we ought If we limit that ability to make that with all due respect to my colleagues, to be going. kind of a discretionary decision, then this is above our pay grade in many The amendment would allow the this could mean that more small busi- ways. We in Congress do a lot of things TARP recipient, rather than Treasury, ness lending would be curtailed, more well. Micromanaging this program, to determine when its warrants would mortgage lending would be curtailed, such as these two amendments suggest, be repurchased. The amendment would more lending for commercial real es- I think sends us in the wrong direction. not permit Treasury’s discretion to de- tate, all of which may be absolutely Again, I urge my colleagues on both termine when warrants may be exe- critical in the coming weeks. sides of the aisle to please look at cuted and would allow the recipient to Preferred stock does not increase these two amendments and understand indefinitely defer exercise of the war- bank capital in a similar manner as the potential danger were they to be rants. In addition, it could harm the common shares do. The Senator’s adopted. It would certainly curtail our taxpayers by eliminating the require- amendment could lead to the very real ability, in my view, to engage in ex- ment that Treasury pay market price consequence that lending is constricted actly the activities that need to be at for these warrants. significantly more than we see cur- the top of our agenda: loosening up So under this amendment, we are re- rently. That would mean more busi- that credit market; getting a hold of ducing the power of the regulators at nesses closing for lack of capital, the foreclosure issue, and trying to go the very critical moment we want which means more job losses across our in the opposite direction of where it is them to exercise that influence rather country. It means more foreclosures of going today; making it possible for than allow the recipients themselves to homes. Madam President, as I men- small businesses to get back on their allow what is in their best interest. tioned earlier, 10,000 homes a day is a feet; and allowing banks to start lend- They are the ones who have received staggering number already. I cannot ing again in this country. If you adopt billions of taxpayer money. It seems to imagine watching that number in- these two amendments you achieve the me having a leash on all that and al- crease further. Yet the adoption of that opposite result. lowing the best decision to be made on amendment could achieve that result. So I urge, on both the Vitter amend- behalf of the overall economy is what It could also mean foreclosed homes ment and the DeMint amendment, they we ought to be doing. staying on the market longer, another be rejected. And for the reasons I of- The amendment would empower the result that we do not want to see. fered on, the second Coburn amend- banks, which may act in their indi- In short, the amendment means a lot ment, that are that we cannot turn the vidual interests—and I understand more economic hardship. Some TARP TARP program into a slush fund for that—but having received so much tax- recipients may not be able to pay a div- every program that comes through payer money, it seems to me we ought idend in connection with preferred here, as it was specifically designed to to make sure we are not going to allow shares. It would be counterproductive deal with the economic crisis, and that that unilateral self-interest to trump to deprive the Treasury of their discre- ought to be the purpose for which these the interests of the larger concern; and tion to convert its preferred shares to funds are used. I urge my colleagues to that is the American taxpayer and the common shares under those cir- reject that amendment as well. overall restoration of our economic cumstances. At a very time you want Unfortunately, Senator LEAHY, the well-being. to shore up balance sheets by allowing chairman of the Judiciary Committee, So I say respectfully to my colleague, for that conversion, this amendment has had his bill turn into a Banking and a member of our committee, Sen- would prohibit that conversion. It Committee bill with all of these

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Further- my colleagues who have offered amend- (4) The Obama Administration has set a more, on this same date, the Labor De- ments that I think are significant and goal for itself to be the most open and trans- partment has published a notice that can contribute; even the first Coburn parent administration in the history of the seeks to withdraw the rule entirely. By amendment, which I disagree with be- Nation. doing this, Secretary Solis has effec- cause you do not need it as a result of (5) On April 21, 2009, the Department of tively neutralized OLMS in its mission the earlier amendments which we Labor issued— to ensure the transparency in the way adopted cover the issues of his amend- (A) a final rule providing for a further labor unions spend the hard-earned delay of the transparency rule; and money of their Members. Ironically, ment. But I think all of us recognize (B) a proposed rule to withdraw the trans- that the GSES issues have to be part of parency rule. this is being done by an administration that look-back, so I would find it dif- (6) The transparency rule would have been that has told the American public that ficult to oppose his amendment. There- a key tool in the battle against fraud, dis- transparency and change has returned fore, I urge my colleagues to support couraging embezzlement of the money of to Washington. It would appear to me that amendment, along with the Kohl union members and making money harder to that the Labor Department did not get amendment and the Schumer amend- hide, and would have provided great sunlight that memo. I feel confident President ment that have been offered. and transparency to allow members to know Obama would be on my side on this, how their dues were being spent. With that, I see my colleagues from that he would want the transparency. (7) The Department of Labor’s actions are It is in the best interests of union North Dakota and Utah who are anx- in direct contradiction to everything the ious to speak. I yield the floor. Obama Administration purports to stand for. workers. It protects them from fraud. The PRESIDING OFFICER. The Sen- (b) PROHIBITION.—The Secretary of Labor It protects their dues as they put them ator from North Dakota. may not expend Federal funds to withdraw in there. Unions can run the unions Mr. DORGAN. Madam President, I the rule issued by the Secretary of Labor en- just as businesses run businesses, but thank my colleague from Connecticut. titled ‘‘Labor Organization Annual Financial they ought to do it honestly. That is Reports’’, 74 Fed. Reg. 3678 (January 21, 2009). I also thank my colleague from Utah why these regulations are so impor- for his forbearance so that I might Mr. HATCH. Madam President, I rise tant. That is why this amendment is so make a few comments. I appreciate the to propose an amendment that will en- important. courtesy of Senator HATCH. sure transparency and prevent egre- There should not be any debate as to Madam President, I ask unanimous gious cases of fraud against American the effectiveness of the OLMS. From consent that my statement be printed workers. My amendment is very sim- 2001 through 2007, OLMS investigations in the morning business section of to- ple, and I think it is compelling. All it resulted in 1,000 indictments. The Of- day’s RECORD. does is prevent the administration fice of Labor-Management Standards The PRESIDING OFFICER. Without from rescinding current regulations fraud investigations between 2001 and objection, it is so ordered. that require transparency in the way 2007 resulted in 1,000 indictments and (The remarks of Mr. DORGAN are that union management chooses to convictions of 929 of those indicted. printed in today’s RECORD under spend the hard-earned dues collected The funds recovered that were illegally ‘‘Morning Business.’’) from their members. This amendment taken amounted to $93 million. Think is specifically directed at preventing about that: $93 million in restitution AMENDMENT NO. 1007 the weakening of the Department of was paid back to the victims of those Mr. HATCH. Madam President, I ask Labor’s Office of Labor-Management crimes. I am sure I need not remind unanimous consent that the pending Standards—or OLMS it is called— any Member of this body that union amendment be set aside and I call up which is the sole Federal agency dues are seldom voluntarily given. Men amendment No. 1007. tasked with protecting the interests of and women who join these unions are The PRESIDING OFFICER. Without American workers who pay union dues. often compelled to pay as part of their objection, it is so ordered. The clerk Under current Federal law, the employment agreement. Union funds will report. OLMS requires financial reporting that are also comprised of pension funds, The legislative clerk read as follows: ensures the transparency of how labor which have occasionally been targeted The Senator from Utah [Mr. HATCH] pro- union management spends labor union by organized crime and used to under- poses an amendment numbered 1007. dues in the area of compensation of write mob activities. I know. I was a Mr. HATCH. Madam President, I ask labor leaders, the purchasing of union member of the AFL–CIO. I went unanimous consent that the reading of assets, and additional information re- through a formal apprenticeship. I paid the amendment be dispensed with. garding various union receipts. This dues, and I became a journeyman metal The PRESIDING OFFICER. Without law requires union leaders to disclose lather, a skilled trade, back in those objection, it is so ordered. how members’ money is spent and pro- years when I was working in construc- The amendment is as follows: vides protection from fraud, waste, and tion. (Purpose: To prohibit the Department of abuse. Union funds, as I say, are also com- Labor from expending Federal funds to Public opinion and our Nation’s dire prised of pension funds, which some- withdraw a rule pertaining to the filing by economic conditions have driven us to times are targeted by organized crime labor organizations of an annual financial require banks, corporations, and even and used to underwrite mob activities. report required by the Labor-Management Presidential administrations to do When I was chairman of the Labor Reporting and Disclosure Act of 1959) business in the light of day—in full Committee, we did a lot to try and At the end, insert the following: transparency. Therefore, the same ex- overcome these things, but it has never SEC. ll. TRANSPARENCY IN ANNUAL FINANCIAL pectation of transparency should apply been done better than between 2001 and REPORTS. (a) FINDINGS.—Congress finds the fol- to labor unions. The previous adminis- 2007. From October 2000 through May lowing: tration took steps to do that in 2003 by 2007, in the State of New York alone, (1) The American workers who contribute updating reporting requirements and the OLMS conducted 334 audits and ob- union dues deserve to have transparency and forms. These updates allowed the elec- tained 87 indictments, resulting in 82 accountability in the management of their tronic filing of disclosures on the Inter- convictions. That is a high constriction unions. net. The Office of Labor-Management rate, showing this is not some little (2) Since 2001, investigations of union fraud Standards—OLMS—was about to im- itty, bitty problem. This, in turn, re- have resulted in more than 1,000 indictments, plement a second update that would re- sulted in the recovery and restitution 929 convictions, and restitution in excess of $93,000,000. quire information about compensation of $39.6 million. In Illinois, the OLMS (3) A new rule (referred to in this sub- to union officers. This revision also indicted 44 persons in connection with section as the ‘‘transparency rule’’) to re- would have required the disclosure of fraudulent activity involving union quire union management to disclose more in- transactions involving union assets. funds, resulting in 42 convictions.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4621 These are statistics we can all be proud the SEC amendment that adds $20 mil- that the Supreme Court of the United of. OLMS investigations produced 1,000 lion for new SEC staff and investiga- States take jurisdiction on all appeals indictments and obtained 929 constric- tors and another $1 million for the IG involving the terrorist surveillance tions—a 92.9-percent conviction rate. within the SEC. This was the one part program. That program has caused a We are debating legislation that pro- of this very fine piece of legislation great deal of controversy because of vides more investigators and remedies that wasn’t included. Of course, if you the issue as to whether the President to prevent fraud and enforce Federal are looking at financial fraud—the has authority under article II to ignore laws. The OLMS enforces the Labor kind Bernie Madoff and so many others the explicit provisions of the Foreign Management Reporting Disclosure Act, did—beefing up the SEC and making Intelligence Surveillance Act. The ter- a bipartisan law with roots back to an- sure they are much tougher and more rorist surveillance program, was de- other former Senator who was young, focused, as the technology parts of this clared unconstitutional by a Federal inspiring, and went on to become Presi- amendment will allow, is what we court in Detroit. An appeal taken to dent: John F. Kennedy. It was then- need. the Sixth Circuit was dismissed for rea- Senator Kennedy who inserted into Senator GRASSLEY wanted to make sons of lack of standing. The forceful this act the union members’ bill of sure the SEC avoided past mistakes dissenting opinion in that case showed rights. It is the union members who are under its old leadership and made some that there was sufficient basis for entitled to transparency. The whole very useful suggestions. That is why standing—a very flexible judicial doc- world is entitled to transparency in the SEC wasn’t included originally. We trine. these instances as well. It is the mis- agreed on those. I wish to thank him, The Supreme Court of the United sion of the OLMS to ensure that union Senator LEAHY, as well as Senator States denied certiorari, so at this business is conducted in the light of SHELBY, who has been my cosponsor for point, we don’t know whether the day, with its members’—and that is passing this legislation. President’s exercise of authority there plural—interests at heart. I also wish to thank our new chair at under article II of the Constitution is It is for this reason that I have risen the SEC, Chair Schapiro. Mary correct. Certainly, if the President has to propose this amendment and I ask Schapiro is a breath of fresh air within that constitutional authority, it my colleagues for their support and I the SEC. She is trying to shake it up supercedes the statute. But that is a ask for the yeas and nays. and focus on the kinds of mistakes we matter which should have been decided The PRESIDING OFFICER. Is there a have seen in the past where the whis- a long time ago by the Supreme Court, sufficient second? tleblower came before the SEC and and the Supreme Court has avoided There is not a sufficient second at gave them the goods on Madoff and moving on that subject. this time. they passed it by. It won’t happen Today, I have an article I have of- Mr. HATCH. Well, then I will ask for again. This amendment should help fered on executive power. It appears the yeas and nays at the appropriate make that happen and strengthen this today in the New York review of books, time. fine legislation. where I outline my intent to introduce I yield the floor. Mr. REID. Madam President, I ask these pieces of legislation. The article unanimous consent that the call of the EXECUTIVE POWER comes from a longer floor statement I quorum be terminated. Mr. SPECTER. Madam President, I had prepared. It has been reduced The PRESIDING OFFICER. The Sen- ask unanimous consent to proceed for somewhat in size. up to 10 minutes as in morning busi- ate is not in a quorum call. In the 71⁄2 years since September 11, Mr. HATCH. Madam President, I ask ness. the United States has witnessed one of The PRESIDING OFFICER. Without for the yeas and nays. the greatest expansions of executive The PRESIDING OFFICER. Is there a objection, it is so ordered. Mr. SPECTER. I have sought rec- authority in its history, in derogation sufficient second? This time there is a ognition to introduce three bills relat- of the constitutionally mandated sepa- sufficient second. ing to limiting Executive power. Be- ration of powers. President Obama, as The yeas and nays are ordered. cause of the past period of time since 9/ only the third sitting senator to be Mr. HATCH. I thank the majority 11, we have seen enormous expansion of elected president in American history, leader for his kindness and, of course, Executive power. We have seen the and the first since John F. Kennedy, we are willing to have this come up President, during President George W. may be more likely to respect the sepa- whenever the majority leader and the Bush’s administration, use signing ration of powers than President Bush minority leader determine. statements extensively. We have seen was. But rather than put my faith in I yield the floor, and I suggest the ab- President Obama use a signing state- any president to restrain the executive sence of a quorum. ment already in his short tenure, branch, I intend to take several con- The PRESIDING OFFICER. The which, in effect, nullifies what the Con- crete steps, which I hope the new Presi- clerk will call the roll. gress has done. dent will support. The legislative clerk proceeded to The Constitution is plain that there First, I intend to introduce legisla- call the roll. is a presentment of legislation to the tion that will mandate Supreme Court Mr. SCHUMER. Madam President, I President and he either signs it or ve- review of lower court decisions in suits ask unanimous consent that the order toes it. What we have found is that brought by the ACLU and others that for the quorum call be rescinded. Presidents are now cherry-picking the challenge the constitutionality of the The PRESIDING OFFICER. Without parts they like and the parts they don’t warrantless wiretapping program au- objection, it is so ordered. like. So I am submitting legislation on thorized by President Bush after Sep- AMENDMENT NO. 1006 Presidential signing statements. tember 11. While the Supreme Court Mr. SCHUMER. I ask unanimous con- The second issue of concern involves generally exercises discretion as to sent that my amendment No. 1006 be the immunity for the telephone compa- whether it will review a case, there are called up. nies which would deprive Federal juris- precedents for Congress to direct Su- The PRESIDING OFFICER. The diction for some 40 cases. I believe tele- preme Court review on constitutional amendment is pending. phone companies have been good citi- issues—including the statutes forbid- Mr. SCHUMER. Madam President, I zens in providing very important infor- ding flag burning and requiring Con- ask unanimous consent that the mation. I believe there is a way to gress to abide by Federal employment amendment be passed. maintain the jurisdiction of the Fed- laws—and I will follow those. The PRESIDING OFFICER. Is there eral courts and still not subject the Second, I will reintroduce legislation any further debate on this issue? telephone companies to litigation or to keep the courts open to suits filed If not, the question is on agreeing to possible damages by having the Gov- against several major telephone com- the amendment. ernment substituted as the party de- panies that allegedly facilitated the The amendment (No. 1006) was agreed fendant. I am introducing legislation Bush administration’s warrantless to. on that subject. wiretapping program. Although Con- Mr. SCHUMER. Madam President, I Third, I am introducing legislation gress granted immunity to the tele- wish to note to the body that this is that would establish a requirement phone companies in July 2008, this

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This would launched a fierce debate about the ex- Surveillance Program did not fit this allow the cases to go forward, with the tent of Presidential authority in the exception. government footing the bill for any war on terror that has yet to be fully Indeed, those notified were very un- damages awarded. resolved. easy about the arrangement. Senator Further, I will reintroduce my legis- That day, I assured my colleagues JAY ROCKEFELLER, then ranking mem- lation from 2006 and 2007—the Presi- the reports would be a ‘‘matter for ber on the Intelligence Committee, dential Signing Statements Act—to oversight by the Judiciary Committee sent a secret handwritten letter to the prohibit courts from relying on, or de- . . . a very high priority item.’’ When Vice President saying the administra- ferring to, Presidential signing state- Congress reconvened in January 2006, I tion’s surveillance activities ‘‘raised ments when determining the meaning made good on my promise: I held mul- profound oversight issues’’ on which, of any act of Congress. These state- tiple hearings into the program the owing to the arrangement, ROCKE- ments, sometimes issued when the Times revealed, later dubbed the Ter- FELLER could not ‘‘consult staff or President signs a bill into law, have rorist Surveillance Program. As ac- counsel.’’ A sealed copy of the letter too often been used to undermine con- knowledged by President Bush, this had to be stored in a classified Senate gressional intent. Earlier versions of highly classified program launched in area for over 2 years until knowledge of my legislation went nowhere because the weeks after September 11 purported the Terrorist Surveillance Program be- of the obvious impossibility of obtain- to authorize the National Security came public. Once the story broke, ing two-thirds majorities in each House Agency to intercept phone calls be- Representative JANE HARMAN, who as to override an expected veto by Presi- tween terror suspects overseas and per- ranking member of the House Intel- dent Bush. Nevertheless, in the new sons inside the United States. Critics ligence Committee was another Gang Congress, my legislation has a better like me argued that the President’s of 8 member, informed President Bush chance of mustering a majority vote program violated FISA. After all, the that she believed ‘‘the practice of brief- and being signed into law by President law declared the procedures set up by ing only certain Members of the intel- Obama. FISA to be the ‘‘exclusive means’’ by ligence committees violates the spe- To understand why these steps are so which such surveillance of telephone cific requirements of the National Se- important, one must appreciate an im- calls and other communications could curity Act of 1947.’’ balance in our ‘‘checks and balances’’ be conducted. FISA also made criminal I raised this issue in a January 24, that has become increasingly evident all domestic electronic surveillance de- 2006, letter sent to Attorney General in recent years. I witnessed firsthand, signed to obtain foreign intelligence Alberto Gonzales in advance of the during many of the battles over admin- ‘‘except as authorized by statute.’’ Al- first Judiciary Committee hearing on istration policy since September 11, though the law defined limited excep- the Terrorist Surveillance Program. how difficult it can be for Congress and tions in emergencies, reports in the Gonzales replied: the courts to rally their members press made it clear that none of them ‘‘It has for decades been the practice of against an overzealous executive. applied to the warrantless wiretapping both Democratic and Republican administra- tions to inform only the Chair and Ranking THE TERRORIST SURVEILLANCE PROGRAM—ACT I that was done in the Terrorist Surveil- Members of the intelligence committees As chairman of the Senate Judiciary lance Program. about certain exceptionally sensitive mat- Committee from 2005 to 2007, I led the I recognized that, as administration ters. effort to reauthorize and improve the supporters argued, the President might The attorney general added that, ac- 2001 USA PATRIOT Act, which was have inherent power to disregard FISA cording to the Congressional Research originally set to expire at the end of and to conduct unfettered foreign in- Service, the leaders of the intelligence 2005. Indeed, after intensive bipartisan telligence surveillance under article II committees had acquiesced in this negotiations, the Judiciary Committee of the Constitution, the section that practice. In my view, Gonzales’s argu- succeeded—to the surprise of most ob- defines his authority as Commander in ment could appeal only to those servers—in approving a revised bill by Chief. I was not, however, sympathetic unacquainted with the ways the execu- unanimous vote. The full Senate then to the administration’s further argu- tive branch has, in practice, dealt with approved the bill by unanimous con- ment that Congress had implicitly au- the intelligence committees. Adminis- sent, but the conference report nego- thorized the President to carry out trations of both parties have some- tiated with the House of Representa- programs such as the Terrorist Surveil- times told the chair and ranking mem- tives faced stiffer opposition. Neverthe- lance Program when it authorized the ber that they have important informa- less, after days of floor debate, I awoke use of military force against terrorists tion to disclose, but insisted that they on December 16, 2005, fully expecting to in September 2001. will reveal this information only to finish Senate action on the long-de- I was also convinced that President some group within the committee and layed reauthorization. Bush’s failure to notify Congress of the the top congressional leadership, such So, I was startled—really shocked— secret program violated provisions of as the ‘‘Gang of 8.’’ In many cases, the to read the lead story in the New York the National Security Act of 1947. That offer is accepted as the only way of get- Times that morning, titled ‘‘Bush Lets statute requires the President to ‘‘en- ting the information—at least in a US Spy on Callers Without Courts,’’ sure that the congressional intel- timely manner. which revealed that our intelligence ligence committees are kept fully and To the extent the administration re- agencies had been engaged in currently informed of the intelligence lied on such precedents to justify noti- warrantless wiretapping since shortly activities of the United States.’’ But fying only the ‘‘Gang of 8,’’ it should after September 11, in flat violation of the administration informed only eight have informed me and Senator LEAHY the Foreign Intelligence Surveillance legislators of the Terrorist Surveil- as well. Indeed, administration offi- Act—FISA—of 1978. This is James lance Program: the chairman and rank- cials briefed both of us on the Terrorist Risen and Eric Lichtblau, ‘‘Bush Lets ing members of the Senate and House Surveillance Program when they later U.S. Spy on Callers Without Courts,’’ Intelligence Committees, and the two sought comprehensive FISA reform. It the New York Times, December 16, top leaders in the majority and minor- is quite glaring, then, that they ne- 2005. The news caused the Senate to ity of both Houses, leaving out both me glected to brief us in 2005, even as we delay passage of the PATRIOT Act re- and Senator PATRICK LEAHY as chair were considering reauthorization of the authorization for months. Senator and ranking member of the Judiciary PATRIOT Act, which was central to CHARLES SCHUMER expressed the senti- Committee, despite the fact that when the administration’s counterterrorism ments of many: ‘‘I went to bed last FISA was enacted in 1978, it went efforts. night unsure of how to vote on this leg- through both the Intelligence and Judi- In the spring of 2006, new allegations islation. . . . Today’s revelation that ciary Committees. While the law ex- about the government’s surveillance

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Fletcher, Cheney Plays data provided by AT&T, Verizon and to give him an opportunity to solicit Down Dispute With Specter, Wash- BellSouth.’’ This is Leslie Cauley, the administration’s views on my bill ington Post, June 9, 2006, at A4. ‘‘NSA Has Massive Database of Ameri- to permit court oversight of the Ter- Someone in Cheney’s office must can’s Phone Calls,’’ USA Today, June rorist Surveillance Program. When I have been up all night, because I had 11, 2006. Although the records report- announced this course of action at the my reply by mid-morning the next day. edly included only data like telephone executive session, a highly contentious The White House, he said, was willing numbers, rather than the contents of debate ensued. to negotiate in good faith. Extensive calls, the revelations stirred new con- Senator LEAHY, long at odds with the discussions culminated with a com- troversy. Vice President, opined that since we promise bill and a July 11, 2006, meet- One month later, on June 22, the Chi- were not going to ‘‘find out independ- ing with President Bush in the Oval Of- cago Sun-Times reported that AT&T ently’’ what the government sought fice. The President agreed to submit had changed its privacy policy to make from the telecoms and instead wait the surveillance program to judicial re- customer data a ‘‘business record the ‘‘for Dick Cheney to tell us what we view, but was insistent that the Senate company owns,’’ one that ‘‘can be dis- should know’’ that we might as well not alter the agreed-upon terms. Usu- closed to [the] government. . . .’’ This ‘‘just recess for the rest of the year.’’ ally, after securing such an agreement, is Associated Press, AT&T Says it Can On the other hand, Senator DIANNE one walks out of the Oval Office to the Disclose Account Data on Net, TV Cli- FEINSTEIN reported that she would not cameras and advertises it, but I chose ents, Chicago Sun Times, June 22, 2006, vote for the subpoenas because the to make the announcement at the com- at 25. I was very interested in the legal ‘‘telephone companies who are trying mittee’s next executive session on July basis for this assertion of ownership to be a good citizen should not be held 13. and what relationship it had, if any, to out to dry.’’ As a member of both the My bill of 2006 to expand and revise the reported disclosures of communica- Judiciary and Intelligence Commit- FISA gave jurisdiction to the Foreign tions data to the government. As luck tees, she added that ‘‘it is very difficult Intelligence Surveillance Court—the would have it, that very day, the Judi- for this committee to legislate without Intelligence Court—which was set up ciary Committee’s Antitrust Sub- knowing the program’’ and therefore by the original FISA law to rule on committee was holding an unrelated the Intelligence Committee was the ap- surveillance requests by Federal agen- hearing on the proposed merger of propriate venue for legislation on the cies—to review the legality of the Ter- AT&T and BellSouth, featuring the matter. Senator DICK DURBIN, noting rorist Surveillance Program. Deter- firms’ respective CEOs, Edward the absence of many Republicans, com- mining the constitutionality of the Whitacre Jr. and Duane Ackerman. I plained, ‘‘I thought there would be a program would turn upon submissions could not let the presence of these conversation about this, but appar- to the Intelligence Court by the attor- CEOs pass without confronting them ently there will not be.’’ He continued ney general about its function and pro- on the surveillance program. that the ‘‘fortitude and strength [I] had cedures, with particular attention to I asked Mr. Whitacre whether his shown in this committee, leading up safeguards to ensure that the Terrorist ‘‘company provide[d] information to through the month of May has ended in Surveillance Program targeted sus- the Federal Government.’’ He kept re- a June swoon.’’ pected terrorists and not innocent peating that they ‘‘follow the law’’—a When this uncomfortable meeting— Americans. The bill further required comment that I told him was ‘‘con- and the accompanying slings—con- the attorney general to inform the temptuous of this committee,’’ because cluded, I drafted what I refer to as a House and Senate Intelligence Com- I was asking a factual question and he ‘‘lawyer’s letter’’ to the Vice Presi- mittees of all surveillance programs was offering a legal conclusion. Mr. dent. I wrote: and created a new criminal offense for Whitacre defended his answer on the I was surprised, to say the least, that you misuse of intercepted information. In grounds that he had spoken to a num- sought to influence, really determine, the ac- return, the government was given addi- ber of attorneys who advised him he tion of the Committee without calling me tional flexibility with respect to the first, or at least calling me at some point. could say nothing more. This was especially perplexing since we both issuance and duration of emergency The episode did not go unnoticed. For attended the Republican Senators caucus warrants. And in a nod to the adminis- example, under the headline ‘‘Privacy lunch yesterday and I walked directly in tration, the bill also acknowledged flap engulfs hearing,’’ the Atlanta front of you on at least two occasions en that the president, as commander in Journal-Constitution detailed that ‘‘a route from the buffet to my table. chief, retains certain authority inher- Senate hearing Thursday intended to I concluded with a solemn warning: ent in article II of the Constitution, al- explore the consumer impact of a pro- If an accommodation cannot be reached though it left decisions about the scope posed AT&T-BellSouth merger instead with the administration, the Judiciary Com- of that authority to the courts. turned into a contentious face-off over mittee will consider confronting the issue Some complained that I had ‘‘sold phone privacy.’’ (see Marilyn Geewax, with subpoenas and enforcement. out’’ in making this deal. See, e.g., AT&T Bellsouth Merger; Privacy Flap This spat proved great fodder for the Jonathan Mahler, After the Imperial Engulfs Hearing; Panel Wonders About editors. The lurid details were splashed Presidency, N.Y. Times, November 9, Use of Phone Records, Atlanta Jour- across the pages of national news- 2008, Magazine, at MM42. These critics nal-Constitution, June 23, 2006, at 4G. papers around the country. The Los fail to appreciate the disadvantage In truth, the matter merited its own Angeles Times confided that the ‘‘un- Congress faces in resisting expansions hearing, but my efforts to hold one usually public rupture between a senior of executive power. The Terrorist Sur- were thwarted by Vice President Che- GOP lawmaker and the White House’’ veillance Program was put into effect ney. Soon after the story broke, I an- provided ‘‘a rare public glimpse of the when President Bush signed a secret nounced my intention to schedule a tactics employed by a vice president order in 2001. He did not need to hold hearing with the CEOs of the named who prefers to operate behind the any hearings or convince any col- carriers. I planned to either subpoena scenes.’’ It said I ‘‘lashed out’’ in a let- leagues. Vice President Cheney could the companies or arrange a hearing ter in an ‘‘unusually harsh attack.’’ rely on the fractious nature of the Sen- closed to the public, which the tele- This is Gregg Miller, Specter Says Che- ate, and the great influence of the ex- phone companies had agreed to attend ney Tried to Derail Hearings, Los An- ecutive, to easily kill the prospects for without receiving a subpoena. Unfortu- geles Times, June 8, 2006, at A6. The my planned subpoenas of the telephone nately, Vice President Cheney went be- front page headline of The Hill companies. The administration’s dam- hind my back to persuade all of the screamed ‘‘Specter Rebukes Cheney,’’ age control, like the initial action, was

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In a my fight to preserve habeas rights was, secured consensus on a path forward. 56–page opinion he wrote: in essence, a struggle to defend ‘‘the ju- As committee chairman, I was bat- Congress appears clearly to have in- risdiction of the federal courts to tered by Senators on both sides in my tended to—and did—establish the ex- maintain the rule of law.’’ I concluded efforts for oversight. On the right, clusive means for foreign intelligence with a plea for the Senate not to deny there were members who touted Article surveillance activities to be conducted. ‘‘the habeas corpus right which would II and party loyalty. They were in- Whatever power the executive may take us back some 900 years and deny clined, at a minimum, to accept the otherwise have had in this regard, the fundamental principle of the strained arguments that the Author- FISA limits the power of the executive Magna Charta imposed on King John at ization for Use of Military Force had branch to conduct such activities. Runnymede.’’ Despite these entreaties, authorized the Terrorist Surveillance As detailed further below, the hur- my amendment narrowly lost on a 48– Program, and that the failure to notify dles faced by the few judges willing to 51 vote. the full intelligence committees did examine the Terrorist Surveillance I had lost the battle, but was not pre- not actually violate the National Secu- Program, and the snails’ pace of appel- pared to surrender. On January 18, 2007, rity Act. On the left, there was genuine late review, make my bill to mandate Attorney General Gonzales testified be- outrage at some administration tac- Supreme Court review of this and other fore the Judiciary Committee and ar- tics, but they were also in no hurry for cases all the more necessary to resolve gued that proposals to restore habeas compromise, no matter how favorable the question. corpus, such as a bill Senator LEAHY the terms. They were very cognizant of SHORTCOMINGS OF THE LEGISLATIVE AND JUDI- and I had introduced, were ‘‘ill-advised the fact that the longer they let the CIAL BRANCHES AS CHECKS ON EXECUTIVE and frankly defy common sense.’’ I was friction between the branches drag on, POWER. astounded at his claim that ‘‘there is the worse it looked for Republicans and The courts, including the Supreme no express grant of habeas in the Con- the better for them and their allies. Court, have admittedly been more ef- stitution.’’ I asked him: ‘‘The constitu- For example, as the New York Sun re- fective than Congress in restraining ex- tion says you can’t take it away except ported in June 2006, ‘‘[f]ear of govern- ecutive excesses, but both have been in case of rebellion or invasion. Doesn’t ment excess in the war on terror ha[d] too slow. This failure is exemplified by that mean you have the right of habeas driven membership rolls’’ in the ACLU the judicial and legislative efforts to corpus unless there is an invasion or ‘‘to more than 550,000 from less than address the administration’s treatment rebellion?’’ He replied, ‘‘The constitu- 300,000,’’ and the group’s fundraising of detainees in the war on terror. tion does not say every individual in had ‘‘surged.’’ See Josh Gerstein, For In Hamdi v. Rumsfeld, decided on the United States or every citizen is ACLU’s Anthony Romero, These June 28, 2004, nearly 3 years after Sep- hereby granted or assured the right to Should Be Best Times, New York Sun, tember 11, the Supreme Court ruled habeas. . . . It simply says the right of June 27, 2006. that a U.S. citizen being held as an habeas corpus shall not be suspended.’’ Ultimately, the Judiciary Committee enemy combatant must be given an op- I protested, ‘‘You may be treading on approved my FISA reform bill on Sep- portunity to contest the factual basis your interdiction and violating com- tember 13, 2006, but in contrast to the for his detention before a neutral mag- mon sense, Mr. Attorney General.’’ bipartisan vote on the PATRIOT Act istrate. In a stern rebuke of executive This exchange received notice in a reauthorization a year earlier, there overreaching, Justice O’Connor’s opin- number of papers, as my position was a 10–8 party-line vote. A final vote ion declared, ‘‘We have long since made gained momentum. The Detroit Free on the Senate floor was never taken, clear that a state of war is not a blank Press, for example, editorialized: largely because the House had settled check for the president when it comes The moment when Alberto Gonzales proved on a different approach to the Terrorist to the rights of the Nation’s citizens.’’ he was just wrong for the job of U.S. attor- Surveillance Program that did not au- The same day, the Court held in Rasul ney general came . . . after Sen. Arlen Spec- ter, R–Pa., asked him about the constitu- thorize court review of the program. v. Bush that detainees at Guanta´ namo tional guarantee of criminal due process, Once again, the inherent constraints Bay were entitled to challenge their known as habeas corpus. on the bicameral legislative branch detention by filing habeas corpus peti- See Editorial, Gonzales Twisted Rule served to benefit the executive, as the tions—the time honored legal action of Law Too Well, Detroit Free Press, President’s surveillance program con- used to contest the basis for govern- August 28, 2007. tinued unabated throughout our inter- ment confinement. Two years later, on That September, I made a second at- nal debates. June 29, 2006, the Court announced in tempt to restore habeas corpus juris- The courts fared no better at reining Hamdan v. Rumsfeld that the Presi- diction with an amendment to the De- in the Terrorist Surveillance Program. dent could not conduct military com- fense Department’s authorization bill. In August 2006, Judge Anna Diggs Tay- mission trials under procedures that This time, a majority of Senators lor of the U.S. District Court for the had not been authorized by Congress voted for it, including seven Repub- Eastern District of Michigan issued an and that failed to satisfy the obliga- licans. Unfortunately, the 56–43 major- opinion in ACLU v. NSA, finding the tions of the Geneva Conventions’ Com- ity was insufficient because, in the face program unconstitutional. Almost a mon article III and the Uniform Code of a filibuster threat, Senate procedure year later, in July 2007, the U.S. Court of Military Justice. required sixty votes to pass. Ironically, of Appeals for the Sixth Circuit over- Instead of fully embracing these deci- a procedural tool that protects Senate turned her decision. On a 2–1 vote, it sions, however, Congress responded minorities had become a shield for the declined to rule on the legality of the with the Detainee Treatment Act and executive branch. program, finding that the plaintiffs the Military Commissions Act of 2006, Thus, yet again, it was left to the Su- lacked standing to bring the suit. The both of which eliminated detainees’ preme Court to beat back the en- Supreme Court then declined to hear right to habeas corpus review on croachment of executive power, which the case, even though the doctrine of grounds that foreign terrorist suspects it finally did on June 12, 2008. In standing has enough flexibility for the did not have the same rights as others Boumediene v. Bush, the Court held Court to have acted. My bill to man- in U.S. custody. that detainees held at Guantanamo date Supreme Court review of this and During debate on the Military Com- Bay ‘‘are entitled to the privilege of other cases therefore seems all the missions Act, I offered an amendment habeas corpus to challenge the legality more necessary to resolve the question. that would have guaranteed habeas of their detention.’’ Because the Com- With the Supreme Court abstaining, corpus for detainees. In the face of batant Status Review Tribunals estab- another lone district judge took a sharp criticism from my own party, I lished by the Defense Department in stand. In In re National Security Agen- argued that I was not speaking ‘‘in 2004, following the Hamdi and Rasul de- cy Telecommunications Records Liti- favor of enemy combatants.’’ Rather, I cisions, and the limited procedural re- gation, Chief Judge Vaughn Walker in was ‘‘trying to establish . . . a course view permitted before the DC Circuit

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As detailed earlier, I spear- tives.’’ stitutional suspension of the writ.’’ headed the delicate negotiations on the Here again, the President does not As satisfying as it was to be vindi- PATRIOT Act Reauthorization which need to convince any colleagues to cated, I was frustrated that Congress included months of painstaking efforts issue a signing statement, he needs had left the task of reining in the exec- to balance national security and civil only put pen to paper. Indeed, 2 days utive to slow-paced and incomplete ju- liberties, disrupted by the dramatic after criticizing President Bush’s sign- dicial review. While the Boumediene disclosure of the Terrorist Surveillance ing statements, President Obama decision ensured habeas rights for de- Program. The final version of the bill issued one of his own regarding the tainees, it took 7 years; and even then to reauthorize the PATRIOT Act fea- Omnibus Appropriations Act of 2009. the Court almost failed to take on the tured a carefully crafted compromise, Citing among others his ‘‘commander case. All along, the Court’s rulings which was necessary to secure its pas- in chief’’ and ‘‘foreign affairs’’ powers, were piecemeal and avoided taking sage in 2006. Among other things, it in- he refused to be bound by at least 11 strong stands on controversial con- cluded several oversight provisions de- specific provisions of the bill including stitutional questions. The result was a signed to ensure that the FBI did not one longstanding rider to appropria- protracted process that delayed justice abuse special terrorism-related powers tions bills designed to aid congres- for detainees and left important areas permitting it to make secret demands sional oversight. As I told the Wall of constitutional law murky. for business records. President Bush Street Journal, ‘‘We’re having a repeat Indeed, the Supreme Court actually signed the measure into law, only to of what Democrats bitterly complained denied Boumediene’s initial petition enter a signing statement insisting about under President Bush,’’ and if for review on April 2, 2007. Then, on that he could withhold from Congress President Obama ‘‘wants to pick a June 29, in a highly unusual move, the any information required by the over- fight, Congress has plenty of authority Court reconsidered and agreed to hear sight provisions if he decided that dis- to retaliate.’’ the case. The justices gave no reason closure would ‘‘impair foreign rela- THE TERRORIST SURVEILLANCE PROGRAM—ACT for the reversal, but some speculate tions, national security, the delibera- II that they were moved by intervening tive process of the executive, or the Many of the issues surrounding the disclosures concerning the military performance of the executive’s con- Terrorist Surveillance Program and ex- commissions. In particular, a military stitutional duties.’’ ecutive authority resurfaced in 2008. officer and lawyer who had been in- The second example arose in 2005. FISA reform legislation, which began volved in overseeing the tribunals said Congress overwhelmingly passed Sen- making its way through the Senate in that the process was flawed and that ator JOHN MCCAIN’s amendment to ban February of last year, included a con- prosecutors had been pressured to label all U.S. personnel from inflicting troversial provision giving retroactive detainees as enemy combatants. ‘‘cruel, inhuman or degrading’’ treat- immunity to the telecommunications As much time as it took in these ment on any prisoner held by the companies for their alleged coopera- cases, at least the Supreme Court even- United States. There was no ambiguity tion with the Terrorist Surveillance tually ruled on the merits in in Congress’s intent; in fact, the Sen- Program. Boumediene. The same cannot be said ate approved the proposal 90–9. How- Throughout, my chief concern was to for Supreme Court review, or even sub- ever, after signing the bill into law, the keep the way to the courts open as a stantive appellate review, of President President quietly issued a signing means to check executive excesses. I Bush’s warrantless wiretapping pro- statement asserting that his adminis- offered an amendment, both in com- gram. Thus far, only individual judges tration would construe it ‘‘in a manner mittee and on the floor, to substitute in the district courts of Michigan and consistent with the constitutional au- the U.S. Government for the telephone California have been willing to take a thority of the President to supervise companies facing lawsuits related to strong stand on the Terrorist Surveil- the unitary executive branch and as the Terrorist Surveillance Program. lance Program. Commander in Chief and consistent Instead of immunity, my amendment Like many in the legislature, it ap- with the constitutional limitations on would have put the government in the pears the courts are reluctant to act. the judicial power.’’ place of the companies, so the cases They do not want the responsibility. Many understood this signing state- could go forward without posing a legal Only after significant time has passed, ment to undermine the legislation. In a threat to the companies themselves. and it is relatively safe, do they finally January 4, 2006, article titled ‘‘Bush When this proposal was defeated, I consider such issues on the merits. I Could Bypass New Torture Ban: Waiver proposed yet another amendment, have proposed legislation in the past to Right Is Reserved,’’ the Boston Globe which would have required a federal require expedited review of certain im- cited an anonymous ‘‘senior adminis- district court to determine that the portant cases, including the challenges tration official,’’ according to whom surveillance itself was constitutional by civil liberties organizations and ‘‘the president intended to reserve the before granting immunity. I also co- other plaintiffs to the Terrorist Sur- right to use harsher methods in special sponsored an amendment that would veillance Program, and I will do so situations involving national secu- have delayed the retroactive immunity again in the new Congress. rity.’’ for the telephone companies until a SIGNING STATEMENTS These signing statements are out- mandatory inspector general’s report Even where Congress manages to ne- rageous, intruding on the Constitu- on the Terrorist Surveillance Program gotiate its internal checks and to act tion’s delegation of ‘‘all legislative had been issued. decisively against expansions of execu- powers’’ to Congress, but it is even I tried to impress upon my colleagues tive power, presidents have used sign- more outrageous that Congress has the importance of our actions: done nothing to protect its constitu- ing statements that override the legis- We are dealing here with a matter that is lative language and defy congressional tional powers. The legislation I intro- of historic importance. I believe that years intent. duced in 2006 would have given Con- from now, historians will look back on this There was an explosion in the use of gress standing to challenge the con- period from 9/11 to the present as the great- signing statements during the Bush ad- stitutionality of these signing state- est expansion of Executive authority in his- ministration. The Boston Globe re- ments, but has until now failed to mus- tory—unchecked expansion of authority . . . ported in 2006 that President Bush ‘‘has ter the veto-proof majority it would The Supreme Court of the United States has used signing statements to claim the surely require. The executive branch gone absent without leave on the issue, in authority to disobey more than 750 operates free of such internal dissent. my legal opinion. When the Detroit Federal judge found the terrorist surveillance pro- statutes—more laws than all previous Although JOHN MCCAIN promised to gram unconstitutional, it was [reversed] by presidents combined.’’ This is Charlie drop signing statements altogether, the Sixth Circuit on a 2-to-1 opinion on Savage, In Proposed Iran Deal, Bush Barack Obama, while deploring Bush’s grounds of lack of standing. Then the Su- Might Have to Waive Law: ’05 Statute practice, said during the campaign that preme Court refused to review the case. But

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Others I must, I am not yet ready to concede that fore the court can release it to the liti- stressed the need to address the pre- the debate is over. Contrary to the conven- gants. This is Carrie Johnson, ‘‘Han- ventive health needs in our State, such tional wisdom, I don’t believe it is too late dling of ‘State Secrets’ at Issue: Like as smoking cessation and prevention of to make this bill better. Predecessor, New Justice Dept. Claim- obesity and related health conditions. The date was July 7 and the Senate ing Privilege,’’ The Washington Post, Next, I went to Augusta, AR, in our had just returned from recess, which March 25, 2009. As the article notes, I row cropland, and I heard from Arkan- allowed me to close with a flourish: have reintroduced legislation this year sans who said that high-deductible Perhaps the Fourth of July holiday will in- with Senators LEAHY and KENNEDY to plans are not meeting their needs. As a spire the Senate to exercise its independence reform the state secrets privilege. I result, these patients often miss out on from the executive branch now that we have doubt that the Democratic majority, very important primary and preventive returned to Washington. which was so eager to decry expansions care because they cannot afford their Despite my fight to keep the courts of executive authority under President plans’ expensive copays and open, in the end all my amendments Bush, will still be as interested in the deductibles; therefore, they end up were defeated. Nevertheless, as I said I problem with a Democratic president being more costly to the system with- would, I ultimately voted for the FISA in office. I will continue the fight out that preventive or primary care be- reform bill. I chose not to reject the whatever happens. cause they end up in more acute-care entire package—which had the support (The further remarks of Mr. SPECTER situations. of nearly seventy senators, including pertaining to the introduction of S. 875, In Lake Village, AR, on the eastern both presidential candidates—not only S. 876 and S. 877 are located in today’s side of the State, people talked about because my classified briefings on the RECORD under ‘‘Statements on Intro- the need to improve dental coverage surveillance program convinced me of duced Bills and Joint Resolutions.’’) within Medicare and in private insur- its value, but also because of the im- The PRESIDING OFFICER (Mr. ance. I also heard from veterans who portant oversight provisions it imposed UDALL of New Mexico). The Senator are forced to drive long distances to re- on future surveillance programs. from Oklahoma is recognized. ceive care and expressed the real need The FISA reform bill required prior Mr. COBURN. Mr. President, I ask for more rural VA clinics and not only court review of the government’s pro- unanimous consent that the Senator how much better quality of life it cedures for surveillance of foreign tar- from Arkansas be given 5 minutes as in would provide them but the cost sav- gets, except in exigent circumstances. morning business and then that we re- ings it could provide as well to the VA It also required that the Intelligence turn to me and go back on the bill. and the whole implementation of Court determine whether procedures The PRESIDING OFFICER. Without health care delivery to our veterans. for foreign targeting satisfy fourth objection, it is so ordered. Across the State in Nashville, AR, I amendment protections against unrea- The Senator from Arkansas is recog- spoke with a provider about the dif- sonable searches. In addition, before nized. ficulty in recruiting specialists in rural monitoring U.S. citizens outside the Mrs. LINCOLN. Mr. President, I Arkansas. Health technologies, such as country, it required individualized thank the Chair and my friend from remote patient monitoring and mobile court orders based on probable cause. Oklahoma. I appreciate the collegiality imaging, may help to provide special Finally, the bill mandated a com- and certainly his friendship. access to those rural areas, where it prehensive review of the Terrorist Sur- HEALTH CARE may not be efficient for each rural veillance Program by several inspec- I rise today like many Arkansans be- community to have a multitude of spe- tors general. Indeed, the final bill had cause I am very troubled about the ris- cialists located in their communities. many elements in common with my ing health care costs and the barriers At least they can serve there and pro- earliest efforts to place the Terrorist many Arkansans face accessing an af- vide their services with equipment that Surveillance Program under FISA—it fordable and quality health plan. Near- is much needed. just took years to get there. And Con- ly half a million Arkansans are unin- My final stop was in Springdale, gress and the courts may yet need to sured, including 66,000 Arkansas chil- northwest Arkansas, close to the Okla- correct its flaws. dren. The cost in both human and fi- homa border. I heard from seniors who A PLAN FOR THE FUTURE nancial terms is felt by everybody. have had trouble finding a provider These experiences have crystallized That is why, during this work period, I that will accept Medicare. for me the need for Congress and the traveled the State on a 2-week tour to We must build our primary care courts to reassert themselves in our ‘‘take the pulse’’ of Arkansans and of workforce and address reimbursement system of checks and balances. The health care in our communities and inequities in these rural areas in order bills I have outlined are important across our State. I met with patients, to help Arkansans on Medicare gain ac- steps in that process. Equally impor- providers, advocacy groups, and all of cess to the care they need. We had a tant is vigorous congressional over- the other health care professionals in long discussion about the need for sight of the executive branch. This every corner of our State. We discussed more primary care professionals, physi- oversight must extend well beyond the the challenges we face delivering and cians, and certainly the fact that it is national security arena, especially as accessing quality and affordable health not just the reimbursement, it is also we cede more and more authority over care in rural Arkansas. It was a won- the quality of life in these rural areas. our economy to government officials.’’ derful tour, very open. People were Making sure we can grow our own pri- As for curbing executive branch ex- frustrated, concerned, and they had mary care physicians in these rural cesses from within, I hope President good ideas. They were very much inter- areas does an awful lot in making sure Obama lives up to his campaign prom- ested in being able to help us in Wash- we have those providers in the areas ise of change. His recent signing state- ington move forward on this issue. I who can serve those individuals. ments have not been encouraging. Add- felt as if the will, and certainly the de- In all of these places, good Arkansas ing to the feeling of de´ja` vu is the sire, was there among Arkansans to fix neighbors working to take care of their Washington Post’s report that the new this problem. neighbors were always present, wheth- administration has reasserted the My first stop was in Clinton, AR, lo- er it was community health centers, ‘‘state secrets’’ privilege to block law- cated in Van Buren County, where 26 which are working desperately hard to suits challenging controversial policies percent of the residents there are unin- use the money from the recovery pack- like warrantless wiretapping: ‘‘Obama sured, and many are on Medicare or age to increase their ability to cover has not only maintained the Bush ad- Medicaid. A local pharmacist raised more of the uninsured, or whether it ministration approach, but [in one concerns with the burden of paperwork, was the nonprofits or religious-based

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4627 clinics that were doing a tremendous those individuals and be able to provide the finishing touches put on by Presi- job partnering with our hospitals to the services at a cost people can afford dent Clinton, and then the Central keep people out of the emergency room and have an accessibility that leaves American Trade Agreement passed by and getting some of their lab work nobody out, whether you live in a the House and Senate in the midpart of done by the hospitals but still being major city or in a rural area. I believe this decade, and now considering again able to provide care in those clinics. this is one of the most urgent issues trade agreements negotiated by Bush So all in all, it was a great oppor- facing our Nation, and it is time for ac- trade negotiators with Panama, Colom- tunity for me. I love traveling Arkan- tion. We need to move forward on bia, and South Korea. Unfortunately sas anyway, visiting with the great health care reform. what we have seen is a huge spike— people in our State, but it really I very much appreciate the oppor- more than a spike because it is more showed the concerns we talk about tunity I have had to visit with Arkan- long term and fundamental than that— here in Washington, and you get to see sans. I look forward to working with we see the huge growth in our trade them face to face. my colleagues in the Finance Com- deficit. We have today a trade deficit of I think these stories help illustrate mittee in a bipartisan way to move the $2 billion just for today, and $2 billion how critical it is for residents of Ar- health care reform initiative forward, for tomorrow, and $2 billion for Satur- kansas and other rural areas to have and also with the rest of the Senators day, and $2 billion for Sunday. Every easy, affordable access to health care. I here, to come up with a proposal the day it’s a $2 billion trade deficit. was grateful to meet with so many Ar- American people will be proud of. They George Bush the first said a $1 billion kansans and to be able to share their know it won’t be a work of art, nec- surplus or deficit translates into some stories with my colleagues here, and as essarily, but a work in progress as we 13,000 jobs, so a trade deficit of $2 bil- we move forward in this debate, it move ourselves from a health care sys- lion, according to President Bush the makes a big difference. My staff was tem that has been focused on acute first, translates into 26,000 lost jobs; a there, as always, because there are so care into something that is certainly $2 billion trade surplus would be 26,000 gained jobs. In this country, we haven’t many issues. Sometimes people don’t more focused on chronic conditions, seen a trade surplus since 1973. What know where to go. Having our staff be multiple chronic conditions, and mak- that says is this trade policy leads to able to talk to them and direct them in ing sure we make those manageable persistent trade deficits. This trade those ways is very valuable. Remem- using preventive health care and cer- policy leads to persistent job loss. And bering the educational component in tainly the primary care that will keep this trade policy leads to families who health care and how we make sure in- us healthier longer. are hurt and communities which are formation is going to be available to I yield the floor and suggest the ab- destroyed. people is a critical part of it. sence of a quorum. I can take you to lot of places in my This week, in the Senate Finance The PRESIDING OFFICER. The State and you can look at the havoc Committee, we launched its first of clerk will call the roll. wreaked by U.S. trade policy. I do not three roundtable discussions in ad- The assistant legislative clerk pro- blame all of manufacture’s decline, all vance of drafting a health care bill. I ceeded to call the roll. of job loss, on trade policy, to be sure. Mr. BROWN. Madam President, I ask strongly believe Congress must craft But there is no question when you have health reform legislation that lowers unanimous consent the order for the a $2 billion-a-day trade deficit over the costs, improves quality, and provides quorum call be rescinded. course of a year, between $700 and $800 The ACTING PRESIDENT pro tem- access to coverage for all Americans. I billion trade deficit for a year, you pore. Without objection, it is so or- compliment Chairman BAUCUS and know that is a problem. Senator GRASSLEY for the great way dered. My point is not to debate trade pol- they have approached this—last year Mr. BROWN. Madam President, I ask icy today. It is only to say to the ad- having multiple hearings and coming unanimous consent to speak as in ministration and my friends on both again this year with more hearings and morning business. sides of the aisle and the crowd at the a roundtable situation. We had a sum- The ACTING PRESIDENT pro tem- end of the hall here in the House of mit last summer. These things have pore. Without objection, it is so or- Representatives, we should not be been very beneficial to the debate in a dered. The Senator is recognized. bringing up more trade agreements bipartisan way. TRADE POLICY until we look at what our trade policy From my seat on the Senate Finance Mr. BROWN. Madam President, I does. I can point not just to job loss; I Committee, I will work to ensure we have heard lots of discussion in the can also point to what happened as an have guaranteed coverage for people newspapers in the last 48 hours or so, outgrowth of the Permanent Normal with preexisting conditions; continuity that there is a move afoot to begin to Trade Relations with China, our trade of coverage for people between jobs, continue to bring legislation to the policy with China, when I believe seven which we see oftentimes and particu- House and Senate floors to continue people in Toledo, OH, and dozens larly in this economic setting; main- Bush trade policy. There have been around the country died from the tak- tain affordability for people who are statements by some in both parties ing of the blood thinner heparin, ingre- privately insured; and have Medicaid that we might consider passing the dients of which came from China and eligibility for every uninsured Amer- trade agreement, the so-called free those ingredients were contaminated. ican living in poverty. trade agreement with Panama, the free Or you can look at toys. In an experi- Mr. President, one of the things I no- trade agreement with Colombia, and ment, a class assignment by Professor ticed that was so positive out there the free trade agreement with South Jeff Weidenheimer at Ashland Univer- with Arkansans is that, although they Korea. sity, not far from where I grew up, he are frustrated and concerned about I think that is a mistake. When you sent out first-year chemistry students where we are going and what we are look at what has happened in States to stores to buy toys at Halloween and going to do, their will to do this now is such as Ohio, and particularly in a Christmas and Easter and found lead- there. The American people feel it is a State like that of the Presiding Offi- based paint, which is toxic for children, must-do situation for us in this econ- cer—in Buffalo and Rochester and Syr- on many of these toys, again coming omy for the quality of life we want to acuse and the upstate cities in her from China—United States corpora- have. I think that in this body we have State, you can see the kind of incred- tions outsourcing jobs, then hiring sub- an opportunity not only to do it but to ible job loss, not only from this most contractors in China. So we are not do it correctly. recent recession since October but look just importing goods, we are also im- We are very proud of the incredible at the job loss in manufacturing that porting lead-based paint, also import- medical professionals who are in this we have seen through the entire Bush ing contaminated ingredients in hep- country, folks such as my colleague years while this Government has arin, also in vitamins, in dog food and from Oklahoma, who is tremendous in moved forward on Bush trade policies. other products. his own profession as a physician. We Look at the original North American My point is let’s do a dispassionate, are proud of that. We want to make Free Trade Agreement negotiated by nonideological, nonpartisan study be- sure we correct the insufficiencies for the first President Bush, unfortunately fore we do more trade agreements.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4628 CONGRESSIONAL RECORD — SENATE April 23, 2009 Let’s do a nonpartisan, nonideological, It is a type of home loan that con- OK. We have to do something about unbiased study of how NAFTA has verts the value in your home you have this now. I filed an amendment to the worked, how CAFTA has worked, how acquired over a lifetime and converts it legislation that is in front of the Sen- our relations with China with PNTR to cash. Now, in and of itself, this is ate that will do some important things and currency, how all that has worked not a bad concept. People ought to be in terms of fraud prevention and detec- before we move ahead. able to borrow against the value of tion and enforcement provisions: We In these turbulent economic times, their homes. We do it with home equity are going to require the borrower to first, we have plenty to do, on health loans. certify they reside in the property; to care, education, climate change, hous- Here is the problem. We have the peo- report the termination of the residence ing, particularly on the banking sys- ple closing these loans who have no to HUD; require that in the case of a tem, and all of that. We have plenty to skin in the game. Guess who is insur- property that is purchased with the do, but that is not even the point. The ing all these loans. We are. The tax- proceeds of a reverse mortgage, the point is before we do more trade agree- payers. There is no risk to those people property is owned and occupied for at ments, let’s look at how they worked. paying for those ads on cable TV, no least 180 days, so we do not have the Let’s look at what has happened, espe- risk. Reward. No risk. We are taking flipping we have seen in the subprime cially rather than following the Bush the risk. market; require these properties be ap- trade agenda which we know simply If, in fact, the housing markets go praised by certified appraisers, HUD- has not served this country well. down and the value of someone’s prop- certified appraisers; we have to verify I yield the floor. erty goes down and it is time for that the purchase price to ensure the ap- I suggest the absence of a quorum. loan, the value of that loan to be recov- praised value is not inflated and make The ACTING PRESIDENT pro tem- ered when the house is sold, if it does sure the appraised value is not too high pore. The clerk will call the roll. not sell for enough money, guess who is The bill clerk proceeded to call the in relation to comparable properties— left holding the bag. roll. you can imagine how important this is Hello. Subprime mortgages chapter Mrs. MCCASKILL. Madam President, right now since our housing market I ask unanimous consent that the order two. We are back. We have the same values are in such flux—to require the for the quorum call be rescinded. issue we had with the subprime. Since counselors to report suspected fraud or The ACTING PRESIDENT pro tem- we began this program in 1990, HUD has abuse to HUD’s inspector general and pore. Without objection, it is so or- endorsed and insured 500,000 loans. But, to inform prospective borrowers how dered. wait, we took the cap off it recently. they can report suspected fraud and Mrs. MCCASKILL. Madam President, We anticipate that HUD will, in fact, consumer abuse; require that the lend- once upon a time, someone had a good insure 200,000 of these loans this year ers and consumers maintain a system idea about trying to open the mortgage alone. We have done 500,000 loans since to ensure compliance; explicitly state market to as many people as possible. 1990, and we are going to do 200,000 that the HUD inspector general has the Between that moment and now, we loans this year. We are talking about a authority to conduct independent au- have seen a giant economic crisis that huge growth in the potential liability dits and inspections of the lender. has mushroomed out of control. We to the American taxpayer. Would it not have been nice had we have sat around for months now trying These are complex and expensive done that back when we started having to figure out how did it happen and loans. For many elderly, the equity the problems with subprimes? Conduct why did it happen. they have in their home is it. With the independent audits and inspections of One of the reasons it happened is, economic circumstances we have right reverse mortgage lenders to make sure using common sense, we said to people: now, there is going to be a lot of pres- they are in compliance with the re- You can go make money by talking sure on the elderly to enter into one of quirements; and to compare the reverse people into borrowing money, and you these reverse mortgages, maybe to help borrower’s record against the Social do not have to worry about whether other family members who have lost a Security’s death master file for early they pay it back. Let me go through job. indications for when payouts should It is important we fix this program. that one more time. We said to a mar- end because payouts under these re- It is embarrassing that we let the ket, the mortgage market: If you go verse mortgages stop at the death of subprime mess go for as long as we did, talk people into borrowing more money the recipient of the reverse mortgage; without anybody saying: Whoa, hold than they can afford, it does not mat- provide that any limitation on when ter if they can pay it back, you do not on. It will be doubly embarrassing if we criminal charges can be brought need to worry about that because you allow this reverse mortgage situation against fraud perpetrators in this area are going to make your money anyway. to go down the exact same path. be calculated on when we find out In other words, the people closing With these loans, as they increase about the criminal activity, not when their loans had no skin in the game. dramatically in number and value, we it occurred. Because, in many in- They were not a partner to the risk. So are also seeing an increase in fraud. stances, we may not find out about the that is how we got people qualifying The HUD inspector general has been fraud until the elderly person dies, and for loans by wearing a special costume working in the reverse mortgage field, then they find out that maybe they and photograph. That is how you got and all the other inspectors general in thought they still had value in their these ‘‘liars loans.’’ They were called our country have done a great job of home, but they were lied to. ‘‘liars loans.’’ Everybody knew people beginning to find problems of a specific were lying to get these loans, but no nature as it relates to fraud. This is an important one: Provide one was doing anything about it be- Some of it is where we have inflated that advertising for reverse mortgages cause the people who were making the appraisals. Some of it is where you cannot be false or misleading and must loans were making the money and had have shoddy repairs being done, which present a fair and balanced portrayal of no risk. decrease the value of the home, which the risks and the benefits of the prod- You would think with this occurring, increase the risk to the taxpayer. Some uct. we would now be on hyper alert for the of it is people continuing to collect the The fraud is the first step. Going exact same set of circumstances, but proceeds on the home past the time after fraud is the first step, but we we are not. Because it is going on they should, past perhaps the death or have to do more. It is very important today as we speak. If you turn on any the moving out of the senior who did that we protect our seniors from preda- cable channel almost anywhere in the loan in the first place. tory lenders. When you see these ads America, before midnight you are Why is the fraud increasing? I have a on TV, it sounds too good to be true. going to see an ad that says to seniors: theory why the fraud is increasing. All ‘‘Government benefit,’’ ‘‘No risk.’’ But You need to take advantage of a great the bad actors over there in subprime, there is a huge risk. There is a risk of Government program, a Government they are looking for a new stream of a senior paying more than they should benefit. You can be paid cash for the money so they are all sliding over and for a product that does not work for value of your house without any risk. saying: Hey, let us start making these them and a very big risk for the tax- They are called reverse mortgages. reverse mortgages to seniors. payers of this country.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4629 I look forward to working with the that regulates credit unions right now. Another one: Senate Judiciary and Banking Com- We would have a maximum interest Dear Bernie, yesterday in the mail I re- mittees as well as HUD and the HUD rate of 15 percent, with some excep- ceived notification from Bank of America inspector general and GAO to get the tions going to 18 percent, so the Amer- that they were hiking up the interest on my things done we must do to clean up ican people who are now on under great Visa card from 7% to over 12%. This seems this problem. If we do not learn from financial stress, who are buying gro- arbitrary and in a time when I am extremely our mistakes, we are doomed to repeat ceries with their credit cards, who are worried about my ability to pay my bills be- buying clothes for their kids with cred- cause my workload has gone way down. I am them. I urge all my colleagues to be- furious and scared. come knowledgeable about this reverse it cards, who are paying for college ex- The bottom line is, I am receiving mortgage area, get word to their con- penses with their credit cards, are not dozens of e-mails from people in my stituents to be careful about these re- forced to pay 25 or 30 percent interest State and from all over the country. verse mortgages. They are very dan- rates. They want to see whether the Congress gerous. What I would like to do, rather than At the end of the day, if someone is relate what I believe, is read a few of has the guts to stand up to the finan- making money off you and they do not the e-mails I have received from the cial institutions which have poured $5 care whether you can pay it back, it is constituents. We are receiving a lot of billion in lobbying and campaign con- a dangerous combination. them. Let me read one that comes from tributions into Washington in the last The ACTING PRESIDENT pro tem- the northern part of our State. It says: 10 years. pore. The senior Senator from I, like so many others, am appalled at the What the American people are saying Vermont. hikes in credit card rates. Everywhere in our is that 30-percent interest rates—arbi- Mr. LEAHY. Madam President, I small town of Montgomery everybody is trary and huge increases in interest talking about the latest surge in interest rates for people who have always paid wish to thank the Senator from Mis- rates. People who are never late in payments souri for her statement. I hope people their bills on time—is not only unfair, have seen their rates climb overnight. I, for it is immoral. People should not have listen to what she had to say because it one, used to overpay on my payments but is a warning to many. Again, I would can’t afford to now. In addition, I am a to pay 30 percent to borrow money in reiterate that one of the reasons we are founding member of a small agricultural co- the United States. trying to move this fraud bill through, op and we have a shop and studio. Today we I hope very much the time will come, everybody will be against fraud and ev- found out that the charge for using credit sooner rather than later, when we will erybody is against crime, but as the cards has increased. How are people supposed pass a national usury law that will put to buy things when small businesses can’t af- Senator from Missouri knows so well, a cap on interest rates for large finan- ford to process credit cards and people can’t cial institutions similar to what exists you have to have some laws on the afford the interest rates if they use cards? book to go after fraud and go after No one has any money for anything any- for credit unions, which is 15 percent crime. I wish to speak further on that, more. The outrage, which I am sure doesn’t with some exceptions. but I see my dear friend and distin- surprise you, is building. Doesn’t anyone get I yield the floor and look forward to guished colleague from Vermont on the it? working with the senior Senator from floor. Well, doesn’t anyone in the Senate Vermont in passing this legislation. I will yield the floor so he can also get it? I hope we do. I suggest the absence of a quorum. speak on a matter. Here is another one that comes from The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- the largest city in our State, Bur- pore. The clerk will call the roll. pore. The junior Senator from lington: The legislative clerk proceeded to Vermont. I signed up with MBNA (at the time) for a call the roll. Mr. SANDERS. I thank my colleague credit card with an interest rate of 7.9 for the Mr. LEAHY. I ask unanimous con- from Vermont. I wish to congratulate life of the credit card (as long as I adhered to sent that the order for the quorum call him for bringing forth a very impor- terms such as paying on time, not going over be rescinded. limit, etc.) I received a notice yesterday that tant piece of legislation. The ACTING PRESIDENT pro tem- the interest rate is going to 13% on May 1. I pore. Without objection, it is so or- Clearly, if we are going to begin to called them and they said it had nothing to address the crisis in our financial insti- do with my credit. Bank of America, due to dered. tutions, we need the manpower to go the economic situation, is raising its rates Mr. LEAHY. Madam President, with out there and do the investigations. We ‘‘for business reasons only.’’ One option they the vote and disposition of the Kyl do not have it and this legislation does gave me is to pay down my balance at 7.9 but amendment today and the Kyl amend- that. not use it on any future purchases. I now ap- ment and the Leahy-Grassley amend- I wished to say a few words in the preciate more than ever your fight against ment yesterday, we have basically midst of this debate on an issue. I am this sort of action. Basically they can do completed work on the underlying bill. whatever they want. not bringing forth an amendment, but Those were the only amendments that I did wish to say a few words on that; That is quite right. They can do affected the underlying bipartisan that is, in my office—I suspect in every whatever they want. fraud enforcement bill. A number of Another one: Senate office—we are being deluged other amendments have come in, but Dear Senator Sanders, we just received a they, of course, have nothing to do with e-mails and letters and telephone note from Bank of America in which they calls expressing outrage at the high in- tell us that they are raising our credit rate: with this bill. They are not within the terest rates people all across this coun- 15.74 percent on new and outstanding pur- jurisdiction of the Judiciary Com- try are being forced to pay by these chases . . . using a variable rate formula. I mittee. They are, in large part, extra- very same financial institutions we are know you have been working on a cap for neous to the fraud enforcement bill. in the process of bailing out. credit cards and are very concerned about Many if not all are within the jurisdic- What is going on now is that while big banks profiting so highly at the expense tion of the Banking Committee. I we spend hundreds of billions of dollars of consumers. haven’t seen one yet that should be in bailing out our friends on Wall Street, Here is another one: Agriculture, but hope springs eternal. and while they receive zero interest Senator Sanders, there is a lot of news this Today, a Senator offered an amend- loans from the Fed, what they are say- week on how the credit card companies are ment drawn from the HELP Committee ing to the American people is: Thanks trying to recoup their losses by raising inter- jurisdiction. In a way, it is a com- est rates on our credit cards. That is what pliment that so few people have sug- very much for the bailout. We are my husband and I have just experienced. Two going to raise your interest rates from months ago I ran my husband’s credit report, gested changes that they wanted to 15 to 20, to 25, to 30 percent. Pure and and between three credit bureaus we ranked make to the Judiciary Committee bill. simply, that is called usury within Bib- around a 800 credit score. We have never been I guess Senators are anxious in case lical terms. In fact, that is immoral. late on a payment and have been married 41 they are not around here next week That is the type of action we should be years. when we have a Banking bill. eliminating right now. Then she talks about the impact I would like to conclude consider- I have introduced legislation which is these high credit rates are going to ation of the bill that actually is before very similar to the type of legislation have on her. the Senate. We will soon have a list of

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4630 CONGRESSIONAL RECORD — SENATE April 23, 2009 amendments on which both sides will Reports of mortgage fraud are up I wish the economic recovery had been agree to have votes. I don’t think any nearly 50 percent from a year ago and able to include an additional $50 mil- of them really have anything to do have increased tenfold over the past 7 lion for the FBI that the Senate ini- with the Judiciary bill, but every Sen- years. In the last 3 years, the number tially was willing to include, but that ator has a right to offer whatever of criminal mortgage fraud investiga- additional funding was stripped away. amendments he or she wants, whether tions opened by the Federal Bureau of Unfortunately, to achieve bipartisan germane to the bill or not, and to get Investigation, FBI, has more than dou- support and passage of the economic a vote on them. If they are all going to bled, and the FBI anticipates that recovery package, those funds were require rollcall votes, we should be number may double yet again. Despite eliminated. The funds currently being done certainly sometime before mid- this increase, the FBI currently has provided are insufficient to tackle the night. Then we can pick up the next fewer than 250 special agents nation- magnitude of this problem. I refer all piece of legislation, which I understand wide assigned to financial fraud cases, Senators to the testimony before the we should have done by Saturday. Of which is only a quarter of the number Judiciary Committee by the Director course, the only amendments really in- the Bureau had more than a decade ago of the FBI and the Deputy Director of volving this bill could have been done at the time of the savings and loan cri- the FBI and to the detailed justifica- yesterday. We could have finished this sis. At current levels, the FBI cannot tions the FBI and other law enforce- bill yesterday. even begin to investigate the more ment agencies have provided. I would like to speak briefly about than 5000 mortgage fraud allegations I believe authorizing and funding the bipartisan Fraud Enforcement and the Treasury Department refers each fraud enforcement will save the gov- Recovery Act. This bill has received month. Other agencies have docu- ernment money. That is what the Jus- overwhelming support. Almost every- mented similar crises in their ability tice Department has found. That is one recognizes the importance of to keep up with the rising pace of new what Taxpayers Against Fraud has strengthening the Federal Govern- cases. found. That is what the administration ment’s capacity to investigate and We all know that fraud enforcement indicates in its Statement of Adminis- prosecute the kinds of financial frauds simply can’t be adequately covered tration Policy in strong support of this that have undermined our economy. with funds allocated in the recently bill. As the administration says: The legislation has strong bipartisan passed recovery legislation for State ‘‘These additional resources will pro- support. I applaud Senator GRASSLEY, and local law enforcement. As someone vide a return on investment through who is the lead cosponsor. He worked who pushed strongly for recovery legis- additional fines, penalties, restitution, with me to write this bill. He has been lation that included State and local damages, and forfeitures.’’ I would add a leader on this issue. law enforcement, I know the purpose that strong fraud enforcement will also Senators SPECTER and SNOWE have behind those funds and what they are save money by deterring fraudulent joined as cosponsors. Many different dedicated to. It is intended to ensure conduct. law enforcement and good government that State and local law enforcement According to recent data provided by organizations are supporting this bill agencies and crime prevention pro- the Justice Department, the govern- as well, including the Fraternal Order grams could avoid layoffs, make new ment recovers on average $32 for every of Police, the Federal Law Enforce- hires, and reinforce their work to pre- dollar spent on criminal fraud litiga- ment Officers Association, the Na- vent the increased crime so often asso- tion. Similarly, the nonpartisan group tional Association of Assistant United ciated with economic downturns. In so Taxpayers Against Fraud has found States Attorneys, the Association of doing, these funds would reinforce and that the Government recovers $15 for Certified Tax Examiners, and Tax- revitalize those neighborhoods that every dollar spent in civil fraud cases. payers Against Fraud. have experienced economic develop- Just last year, the Justice Department Now let me address the authoriza- ment and that could so easily back- recovered nearly $2 billion in civil false tions in the bill. I have rarely seen slide. State and local law enforcement claims settlements, and, in criminal such detailed justification with regard fund are urgently needed for those cases, courts ordered nearly $3 billion to an authorization. I mention this be- vital purposes. They should not be di- in restitution and forfeiture. Strength- cause this is not an appropriations bill. verted from State and local law en- ening criminal and civil fraud enforce- It is authorizing legislation. It still has forcement needs to fund Federal fraud ment is a sound investment, and this to go through the appropriations proc- investigations. legislation will not only pay for itself, ess. Every agency authorized to receive Moreover, while states have done ad- but should bring in money for the Fed- money in the bill has set out in detail mirable work cracking down on mort- eral Government. exactly what it would do with that gage fraud, the Federal Government If fraud goes unprosecuted and money if it is authorized and appro- must play a substantial role in this unpunished, then victims across Amer- priated. The detail includes the number area. Mortgage fraud schemes and ica lose money. In many cases, Amer- of agents, prosecutors, and other key other financial fraud schemes often ican taxpayers take the loss directly. personnel who would be hired, and each cover many States and jurisdictions, For example, in the case of many mort- agency has explained why the added re- which hampers the ability of any State gage frauds, the Federal Government sources are needed. Those detailed jus- or local investigators and prosecutors has guaranteed the loans, and when the tifications have been shared with any- to reach them. These schemes also are fraud is uncovered, American tax- one interested in reviewing them. often extremely complex and labor-in- payers, as well as the victim, lose out. In total, the bill authorizes $245 mil- tensive to unravel, requiring the exper- More directly, with the billions of dol- lion a year over the next 2 years to hire tise and resources of the Federal Gov- lars of Federal funds now going out more than 300 Federal agents, more ernment and the mortgage fraud task through the recovery legislation, the than 200 prosecutors, and another 200 forces in which Federal and State law Troubled Assets Relief Program, and forensic analysts and support staff to enforcement officers work closely to- other bailout programs, we should all rebuild our Nation’s fraud enforcement gether. We simply cannot ask States to recognize that enforcement will be es- efforts. We have broken those numbers solve this enormous and complex prob- sential to protect those recovery funds down agency by agency. lem on their own. I believe that we from fraud and to recover any money These resources for additional need to be good law enforcement part- that is fraudulently taken. If we do not agents, analysts, and prosecutors are ners and that the Federal Government take action to investigate and pros- desperately needed. The number of needs to do its share. To fulfill those ecute this kind of fraud, Americans fraud cases is now skyrocketing, but responsibilities these additional funds will lose far more money than this bill resources were shifted away from fraud need to be authorized. costs. investigations after 9/11. Today, the I agree that the $10 million in addi- The only organizations that have op- ranks of fraud investigators and pros- tional funding to the FBI for mortgage posed this legislation are the Heritage ecutors are drastically understocked, fraud enforcement in the omnibus ap- Foundation and the National Associa- and thousands of fraud allegations go propriations bill is a good start, but it tion of Criminal Defense Lawyers. unexamined each month. is just a small start to what is needed. They have argued that the legal fixes

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4631 in this bill constitute overreaching by of our ongoing economic crisis. Ameri- will set a time for final passage. And the Federal Government. In fact, this cans are rightly demanding account- maybe—maybe—within a few weeks bill does not overfederalize or over- ability for this fraud, and we cannot the President will be able to sign this criminalize. have full accountability without the legislation and people will be a lot Senator GRASSLEY and I took great participation of Federal investigators more protected than they are now. care in crafting it to avoid those kinds and prosecutors armed with the tools Madam President, I suggest the ab- of excesses. The bill creates no new and resources they need. sence of a quorum. statutes and no new sentences. Instead, We can delay no further in taking de- The ACTING PRESIDENT pro tem- it focuses on modernizing existing stat- cisive action to strengthen fraud en- pore. The clerk will call the roll. utes to reach unregulated conduct and forcement and doing everything we can The legislative clerk proceeded to on addressing flawed court decisions to fight the scourge of fraud that has call the roll. interpreting those laws. This is exactly contributed to our economic crisis. Mrs. BOXER. Madam President, I ask the kind of Federal criminal legisla- There is simply no good reason for us unanimous consent that the order for tion that these critics should appre- not to act. The administration the quorum call be rescinded. ciate. Rather than gratuitously adding ‘‘strongly supports enactment’’ of this The ACTING PRESIDENT pro tem- new laws or expanding Federal jurisdic- bill. The Justice Department supports pore. Without objection, it is so or- tion, it acts in a targeted way to fill in it, the FBI supports it, the Secret Serv- dered. ice supports it, the TARP inspector gaps identified by investigators and AMENDMENT NO. 1000 general supports it, the HUD inspector prosecutors to make it easier for them Mrs. BOXER. Madam President, I ask to reach the conduct most relevant to general supports it, Federal and State law enforcement officers support it. unanimous consent that amendment the current financial crisis. No. 1000 be the pending business so I The bill amends the definition of ‘‘fi- The bottom line, Madam President— before I lose my voice entirely—is, this might modify it. nancial institution’’ in the criminal The ACTING PRESIDENT pro tem- code in order to extend Federal fraud legislation is to stop people who have been robbing the retirement savings of pore. Is there an objection? laws to mortgage lending businesses Without objection, it is so ordered. that are not directly regulated or in- Americans, who have been robbing AMENDMENT NO. 1000, AS MODIFIED sured by the Federal Government. their homes from under them, who These companies were responsible for have been robbing the money they have Mrs. BOXER. Madam President, I ask nearly half the residential mortgage set aside for their kids’ college edu- that my amendment be modified with market before the economic collapse, cation and getting away with it under the changes that are already at the yet they remain largely unregulated some of the elaborate mortgage fraud desk and ask unanimous consent that and outside the scope of traditional schemes. They get away with it be- Senators WEBB and WYDEN be added as cause there is no real ability to go Federal fraud statutes. This change cosponsors of the amendment. after them. There is neither the money will finally apply the Federal fraud The ACTING PRESIDENT pro tem- nor the personnel. This legislation laws to private mortgage businesses pore. Without objection, it is so or- gives both money and personnel but like Countrywide Home Loans and dered. also gives teeth to the law. The amendment is so modified. GMAC Mortgage. I have said on this floor several The bill would also amend the major The amendment, as modified, is as times, if you have somebody who sets fraud statute to protect funds expended follows: up a $100 million fraud scheme, they do under the Troubled Assets Relief Pro- On page 20, between lines 11 and 12, insert not care what happens to the people in gram and the economic stimulus pack- the following: their way. They do not care if they age, including any government pur- ‘‘(e) ADDITIONAL FUNDING FOR THE SPECIAL ruin the lives of the people they are INSPECTOR GENERAL FOR THE TROUBLED chases of preferred stock in financial going after. They do not care if the ASSET RELIEF PROGRAM.— institutions. The U.S. Government has people lose their homes because they ‘‘(1) IN GENERAL.—Of the amounts of au- provided extraordinary economic sup- figure if they get caught, they might thority made available pursuant to section port to our banking system, and we have to give a little bit of the money 115(a) of the Emergency Economic Stabiliza- need to make sure that none of those back in a fine or otherwise. They are tion Act of 2008 (P.L. 110–343), an additional funds are subject to fraud or abuse. $15,000,000 shall be made available to the Spe- not deterred. They, obviously, do not cial Inspector General of the Troubled Asset This change will give Federal prosecu- have a sense of conscience or morality. tors and investigators the explicit au- Relief Program (in this subsection referred They do not care if people lose their to as the Special Inspector General). thority they need to protect taxpayer life savings. They do not care if people ‘‘(2) PRIORITIES.—In utilizing funds made funds. lose their retirement. They do not care available under this subsection, the Special This bill will also strengthen one of if people lose their hope for the future. Inspector General shall prioritize the per- the core offenses in so many fraud All they want is the money. formance of audits or investigations of re- cases—money laundering—which was Madam President, I tell you right cipients of non-recourse Federal loans made significantly weakened by a recent Su- now, if these same people think they by the Secretary of the Treasury or the preme Court case. In United States v. Board of Governors of the Federal Reserve are going to go to prison for what they System, to the extent that such priority is Santos, the Supreme Court misinter- are doing, if they think they will spend preted the money laundering statutes, consistent with other aspects of the mission time behind bars for years and years, of the Special Inspector General. Such audits limiting their scope to only the ‘‘prof- then maybe—maybe—some Americans or investigations shall determine the exist- its’’ of crimes, rather than the ‘‘pro- may be able to keep their homes, some ence of any collusion between the loan re- ceeds’’ of the offenses. The Court’s mis- Americans may be able to keep their cipient and the seller or originator of the taken decision was contrary to con- dreams, some Americans may be able asset used as loan collateral, or any other gressional intent and will lead to finan- to keep their retirement, some Ameri- conflict of interest that may have led the cial criminals escaping culpability sim- cans may be able to keep sending their loan recipient to deliberately overstate the value of the asset used as loan collateral.’’. ply by claiming their illegal scams did children to college. not make a profit. Indeed, Ponzi People are now losing that dream. Mrs. BOXER. I suggest the absence of schemes like the $65 billion fraud per- That is why there is strong bipartisan a quorum. petrated by Bernard Madoff, which by support for this bill. That is why I The ACTING PRESIDENT pro tem- definition turn no profit, are exempt must admit I am somewhat frustrated pore. The clerk will call the roll. from money laundering charges under that many have come here to try to The legislative clerk proceeded to this formulation. This erroneous deci- bring amendments that have abso- call the roll. sion must be corrected immediately, as lutely no place in this bill, and, if any- Mr. CONRAD. Mr. President, I ask dozens of money laundering cases have thing, would slow up the ability to pro- unanimous consent that the order for already been dismissed. tect Americans. But they have the the quorum call be rescinded. None of these changes constitute right to do this. The PRESIDING OFFICER (Mr. overcriminalization. Rather, they We will soon have a list of amend- UDALL of Colorado). Without objection, reach fraudulent conduct at the center ments, we will set the list in, and we it is so ordered.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4632 CONGRESSIONAL RECORD — SENATE April 23, 2009 Ms. SNOWE. Mr. President, I rise for the economic calamity that has be- would be inconceivable to me to devote today to express my strong support for fallen the nation. Large Wall Street in- anything less than 100 percent of our the Fraud Enforcement and Recovery vestment banks thought they saw a resources to investigating those re- Act of 2009 currently before the Senate. profit opportunity and decided to pack- sponsible for this crisis. This legislation, which is long overdue, age and sell risky subprime mortgages It is for these reasons that on Feb- will take critical strides toward ena- in largely unregulated markets. They ruary 25, I, joined by Senator bling the Justice Department and Fed- believed that they could reduce risk by WHITEHOUSE, introduced the FBI Prior- eral Bureau of Investigation to inves- placing mortgage securities into such ities Act of 2009, S. 481, to augment FBI tigate and prosecute the mortgage and bundles but were in many cases dis- investigations of financial crimes. securities fraud that have played such honest with themselves and investors Turning to specifics, this bill author- a large role in bringing our economy to about the potential for losses. Al- izes $150 million for each of the fiscal the brink of collapse. I would like to though paper profits soared so long as years 2010 through 2014 to fund approxi- commend Senators LEAHY, GRASSLEY, housing prices increased, once they mately 1,000 Federal Bureau of Inves- and KAUFMAN for introducing this bill began to tumble, the value of these se- tigation field agents in addition to the that I am proud to cosponsor and hope curities did as well. number of field agents serving on the that the Senate will pass it as quickly It is now estimated that in the past date of enactment. This extra man- as possible. year, U.S. banks and financial institu- power will help enable the FBI to de- The fact is that the current recession tions lost more than $500 billion as a velop and fully investigate, as well as stands apart from others we have expe- result of their investments in subprime bring responsible parties to justice. rienced since the end of World War II, mortgages. Some of this Nation’s most There is simply no question that this and not just because it is the longest recognizable companies, including Bear additional manpower is an absolute ne- and deepest. Although many downturns Stearns and Lehman Brothers have cessity to combat fraud given rising are the result of a decline in the busi- been wiped away due to collapse of the caseloads and a wholly inadequate ness cycle, this recession was in signifi- mortgage-backed securities market, level of resources. Consider the fol- cant part brought about by two factors while Fannie Mae and Freddie Mac lowing facts: In the last 6 years, sus- that could well have been avoided had have been taken over by the Federal picious activity reports alleging mort- mortgage brokers and their associates Government. gage fraud that have been filed with and financiers set aside greed and out- While other financial institutions the Treasury Department have in- sized profits in favor of responsible have not shuttered their doors, they creased nearly tenfold to 62,000 in 2008. lending, financial practices, and sus- have absorbed significant losses. This In the last 3 years, the number of tainable, but nonetheless healthy, has caused banks to all but cease to criminal mortgage fraud investigations rates of return. lend, which has led to untold difficul- opened up by the FBI has more than First, during the most recent housing ties for businesses and individuals doubled to exceed 1,800 at the end of boom, as are all aware, many home- seeking credit. Consumers could not 2008. Moreover, the FBI anticipates a buyers were placed into predatory, obtain car and student loans, and busi- new wave of cases that could double subprime loans that they could not be reasonably expected to repay. Indeed, ness owners, and small business owners that number yet again in coming while unscrupulous lenders, including in particular, could not acquire capital years. Finally, despite increases in private mortgage brokers and lending to expand operations or, in many cases, caseloads, the FBI currently has fewer businesses that were not subject to the make payroll. In short, the staggering than 250 special agents nationwide as- type of oversight and regulations that 5.1 million job losses we have witnessed signed to these financial fraud cases. have traditionally prevented fraud, since the onset of the recession in De- At current levels, these agents cannot profited from a quick short-term fee in cember 2007 are in large part attrib- individually review, much less thor- exchange for underwriting an irrespon- utable to the collapse of housing and fi- oughly investigate, the more than 5,000 sible mortgage with little due dili- nancial markets. fraud allegations received by the gence, homebuyers were left with loans To ameliorate the situation, Con- Treasury Department each month. that began with low interest rates and gress was last October forced to pass Although the details of the legisla- affordable payment but that morphed the $700 billion Emergency Economic tion I have introduced differ from those into significantly higher interest rates Stabilization Act that created the in the measure currently before the and payments. In other cases, the New Troubled Asset Relief Program, TARP, Senate, I believe the impact on the York Times has reported that circles of to rescue financial markets. Combined government’s ability to root out and appraisers delivered inflated appraisals with other actions taken by the Fed- prosecute fraud would be similar. In on demand, while lawyers paid by the eral Reserve Board, Federal Deposit In- particular, the legislation now under seller, but holding themselves out as surance Corporation, and the Treasury consideration authorizes $165 million a representing the buyer, and mortgage Department, the Congressional Over- year for hiring fraud prosecutors and brokers conspired to persuade buyers sight Panel on April 7 reported that investigators at the Justice Depart- to take on overpriced and often dilapi- the total value of all direct spending, ment in 2010 and 2011. This includes $75 dated homes. And the scams continue loans and guarantees provided in con- million in 2010 and $65 million in 2011 to this day. The Times reports that junction with the federal government’s for the FBI to hire 190 additional spe- deed thieves are currently approaching financial stability efforts now exceeds cial agents and more than 200 profes- distressed owners and offering to ame- $4 trillion. In addition to this unprece- sional staff and forensic analysts to liorate financial difficulties by tempo- dented exposure, Congress also passed nearly double the size of its mortgage rarily taking over deeds. Then they re- the $787 billion American Recovery and and financial fraud program. With this finance and flee with the owners’ eq- Reinvestment Act in February to as- funding, the FBI can expand the num- uity in tow. sist those displaced by the recession ber of its mortgage fraud task forces The result of the fraudulent loans and sow the seeds for recovery. nationwide from 26 to more than 50. and scams has been nothing short of a Notably, as Congress passed the $700 Notably, the funding authorized in disaster that has devastated commu- billion financial rescue package last the bill also includes $50 million a year nities nationwide. RealtyTrac, the October, I insisted that our obligation for U.S. Attorneys’ Offices to staff leading online marketplace for fore- did not stop with the enactment of those fraud task forces and $40 million closure properties, in January reported that legislation. Indeed, I called on for the criminal, civil, and tax divi- that Americans received 3.2 million Congress to demand accountability for sions at the Justice Department to pro- foreclosure filings on 2.3 million prop- the massive malfeasance that has been vide special litigation and investiga- erties during 2008. That represents a perpetrated on the American people tive support in those efforts. In addi- staggering 81-percent increase in total and specifically made the point that tion, the bill authorizes $80 million a properties from 2007 and a 225 percent those responsible for our Nation’s eco- year for 2010 and 2011 for investigators increase in total properties from 2006. nomic meltdown must be investigated and analysts at the U.S. Postal Inspec- Unfortunately, mortgage brokers and and subsequently prosecuted to the tion Service, the U.S. Secret Service, related parties are not solely to blame fullest extent of the law. Frankly, it and the Department of Housing and

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4633 Urban Development’s Office of Inspec- deter and uncover fraud, and com- ferees on the budget resolution, will tor General to combat fraud in Federal pensate its victims. First, it authorizes the Parliamentarian inform us of the assistance programs and financial in- significant new resources for the FBI, parliamentary status on the floor. stitutions. the Department of Justice, the Depart- The PRESIDING OFFICER. The Sen- In addition to adding critical funds ment of Housing and Urban Develop- ate is considering S. 386. necessary to identify and prosecute ment, and other agencies to investigate BUDGET RESOLUTION CONFERENCE fraud, this legislation makes several and prosecute these kinds of cases. vital improvements to fraud and In addition, the bill extends Federal Mr. CONRAD. Mr. President, floor money laundering statutes to strength- fraud laws to the mortgage lending staff informs me they are working on en prosecutors’ ability to combat a business, just as they apply to feder- an agreement that will allow us to go growing wave of fraud. Specifically, ally insured banks. Similarly, it makes to the consideration of the conferees. the bill amends the definition of ‘‘fi- sure that Federal prohibitions against At this point, we will open the discus- nancial institution’’ in the criminal false statements apply to statements sion but will not turn to it. I will use code to extend Federal fraud law to made to influence mortgage lending de- this time to make my statement so mortgage lending businesses that are cisions. Very importantly, because the that we are efficiently using the time not directly regulated or insured by taxpayers have now put extraordinary of the Senate. the Federal Government. Responsible sums of money into propping up the fi- I remind my colleagues that some of for nearly half the residential mort- nancial sector, the bill makes clear the key elements in the Senate-passed gage market prior to the economic col- that fraudulent activities in connec- budget resolution we will soon be tak- lapse, these companies inexplicably re- tion with the TARP program and the ing to conference. The budget needs to main largely unregulated and outside economic stimulus package can be be considered in the context of the very the scope of traditional Federal fraud prosecuted. The bill also reverses an er- tough hand we have been dealt. This statutes. This provision would apply roneous Supreme Court interpretation administration and this Congress have the Federal fraud laws to private mort- of the Federal money laundering stat- inherited a mess of truly staggering gage businesses, just as they pertain to ute that was making it impossible to proportions. If we start with the deficit prosecute so-called Ponzi schemes. federally insured and regulated banks. outlook, we can see that the previous Furthermore, this legislation amends These simple and effective clarifica- administration inherited surpluses the false statements in mortgage appli- tions and expansions of current law that they rapidly turned into record cations statute to make it a crime to will help protect the American people deficits, and then record deficits of a make a materially false statement or from these very damaging frauds. proportion that stagger the imagina- I also strongly support Section 4 of to willfully overvalue a property to in- tion. I don’t think anybody could have the bill, which amends the False fluence any action by a mortgage lend- anticipated we would have deficits ap- Claims Act—FCA. The FCA provisions ing business. Currently, these stric- proaching $2 trillion in a year. clarify liability for making false or tures apply only to Federal agencies, fraudulent claims to the federal gov- We also saw in the previous adminis- banks, and credit associations and do ernment. A few concerns have been tration a dramatic increase in the Fed- not necessarily extend to private mort- raised about this part of the legisla- eral debt—a more than doubling of the gage lending businesses. This provision tion, which I would like to briefly ad- Federal debt in the period that the pre- would ensure that private mortgage dress here. vious administration was responsible brokers and companies are held fully One criticism is aimed at the bill’s for. accountable under this Federal fraud rejection of an ‘‘intent’’ requirement The Obama administration inherited provision. under the FCA. The Supreme Court re- record deficits, a doubling of the debt, Finally, I would like to point out cently held in the Allison Engine case the worst recession since the Great De- that this bill would modify Federal law that such a requirement exists. The pression, financial market and housing to protect funds expended under TARP bill simply returns the law to its origi- crises unparalleled since the 1930s, and and the economic stimulus package. nal intent. The judicially manufac- nearly 4 million jobs lost in the last 6 Specifically, the legislation would tured requirement that the person months alone. On top of it all, we have amend the Federal major fraud statute making a false claim intend that the ongoing wars in Iraq and Afghanistan. to include funds flowing pursuant to government itself pay the claim was I often think what it must be like to TARP and the stimulus package. The giving subcontractors a way to avoid be President Obama, who wakes up change will give Federal prosecutors liability for fraud, which is incon- every morning with this heavy respon- and investigators the explicit author- sistent with the purpose of the act. sibility on his shoulders. In our caucus ity they require to protect taxpayer Another criticism alleges that the today, we had the Chairman of the Fed- funds, which could not be more critical addition of a ‘‘materiality’’ require- eral Reserve Board, Chairman with $4 trillion at risk as part of TARP ment to the FCA is potentially broad Bernanke. I told him that I believe and related programs and $787 billion and unclear. But ‘‘material’’ is defined when the history of this period is writ- at stake as part of the stimulus pack- in the bill in a way that is consistent ten, he will go down as one of its he- age. It is absolutely vital that every with Supreme Court and other judicial roes—somebody who helped rescue us dollar we have put at stake go toward precedents, so this claim is uncon- from what could have been a financial economic stabilization and revitaliza- vincing. collapse, not only here but around the tion and not to line the pockets of The Fraud Enforcement and Recov- country. those who seek to defraud taxpayers. ery Act of 2009 is an important accom- Mr. FEINGOLD. Mr. President, I will plishment. Those who perpetrate finan- In the budget resolution that passed vote for the Fraud Enforcement and cial fraud, which is so harmful not only the Senate, which we will be taking to Recovery Act of 2009, S. 386. This bill to the victims of the fraud but to the conference, we have tried to preserve improves enforcement and recovery economy as a whole, must be discov- the major priorities of the President: mechanisms for mortgage, securities, ered and prosecuted. This bill makes it reducing our dependence on foreign en- financial institution and other frauds. easier to do that, so I am pleased to ergy; a focus on excellence in edu- In the context of today’s global finan- support it. cation; fundamental health care re- cial crisis, it is a very important piece VOTE EXPLANATION form, because that is the 800-pound go- of legislation, and I commend its au- Mr. COBURN. Mr. President, earlier rilla that can swamp the fiscal boat of thors. today amendment No. 1006 was passed the country; middle-class tax cuts; and The current economic downturn has by a voice vote. If there had been a cutting the deficit in half over the many causes. But certainly fraud—in rollcall vote, I would have opposed this term of the budget. mortgage lending and in the mortgage- amendment, as it added more than $40 The budget we produced reduced the backed securities and derivatives mar- million to a bill that already costs deficit by more than half over the next kets—played a significant role. The nearly half a billion dollars. 5 years. We have reduced the deficit by Fraud Enforcement and Recovery Act Mr. CONRAD. Mr. President, before two-thirds. I am proud of that fact. We of 2009 does a number of things to help we begin the debate on appointing con- reached 3 percent of GDP a little less

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4634 CONGRESSIONAL RECORD — SENATE April 23, 2009 than that—which all of the economists President’s initiative to fundamentally We also have business tax provisions say is essential to stabilizing the debt. reform the health care system. As and the traditional tax extenders, such At the same time, we have adhered to many have said, we have a sickness as the research credit, that are in- the President’s intentions to make cer- system, not a wellness system. We have cluded in this budget, for a total of tax tain strategic investments—one of the to make a transition. We also have a relief of $958 billion. most important in energy—to reduce reserve fund to address Medicare physi- On the other side of the equation, we our dependence on foreign energy, be- cian payments, because we know that have loophole closures, such as codi- cause that is an imperative for this the doctors across the country who fying economic substance and inter- country, a strategic imperative, a fi- serve Medicare-eligible patients are national tax enforcement to go after nancial imperative, and a national se- due for major deep cuts—cuts of more these offshore tax havens, these abu- curity imperative. than 10 percent. We are not going to let sive tax shelters. We raise $133 billion The budget resolution that went that happen. Third, it continues invest- for a net tax reduction of $825 billion through the Senate reduces our de- ment in key health care programs, over the 5 years of this budget. pendence on foreign energy, creates such as the NIH and the FDA. On the spending side of the house, do- green jobs, preserves the environment, Not only have we preserved the mestic discretionary spending, again as and helps with high home energy costs. President’s key investment priorities, a percentage of the gross domestic It does it in the following ways: one, a reducing our dependence on foreign oil, product—and the reason, of course, reserve fund to accommodate legisla- moving toward excellence in education, economists say that is what you should tion to invest in clean energy and ad- health care reform, but we also pre- focus on rather than the dollar dress global climate change; second, serve his fourth key priority of cutting amounts is that this takes account of providing the President’s level of dis- the deficit dramatically. In the budget inflation. It gives a more fair compari- cretionary funding for the DOE; third, resolution that previously passed the son year by year. building on the economic recovery Senate, we reduce the deficit by two- We hear all this talk that this is a package to provide investments in re- thirds by 2014—that is in dollar terms big spending budget. No, it is not. This newable energy, efficiency, and con- we reduced it by two-thirds. Most budget reduces domestic discretionary servation, as well as low carbon coal economists say you ought to evaluate spending as a percentage of gross do- technology, and modernizing the elec- it as a percentage of the gross domestic mestic product from 4.3 percent in 2010 tric grid. product, that that is the best way to down to 3.2 percent in 2014. We are tak- I thank Chairman LEAHY once again see what you are accomplishing. If we ing domestic discretionary spending for his incredible courtesy and gra- look at it in those terms, we are reduc- down to one of its lowest levels in the ciousness in allowing us to interrupt ing the deficit by more than three- last 50 years. his very important legislation so we quarters, from 12.2 percent of GDP in In fact, nondefense discretionary can go to this matter of naming con- 2009 down to less than 3 percent of GDP spending increases under this budget ferees, because we are under a tight out in 2014. resolution an average 2.5 percent. I am especially proud of that trajec- In addition, we have a series of budg- deadline there. I thank the chairman of tory on the deficit, because I think it is et enforcement tools that are in this the Judiciary Committee for his in- absolutely critical. I would be the first resolution: discretionary caps for 2009 credible graciousness. We also, in this budget, preserve the to say we need to do even more in the and 2010. Some have said we ought to have discretionary caps for 2011 too. President’s priority of a focus on excel- second 5 years, but this is a 5-year Well, why? Well, why? We are going to lence in education. If we are not the budget. The reason it is a 5-year budget be back here a year from now. We have best educated, we are not going to be is that, of the 34 budgets that Congress has done since the Budget Act was in- discretionary caps for 2009 and 2010. the most powerful country in the world stituted, 30 of those 34 times we have Why do we need them for 2011, when we for very long. So we adopt the priority done a 5-year budget. Why? Because are going to be right back here, same of investments in education to gen- the forecasts beyond 5 years are place, same time 1 year from now? erate economic growth and jobs, to pre- murky, at best, highly unreliable. So We also maintain a strong pay-go pare our workforce to compete in the we have stuck to a 5-year budget, as rule. We provide a point of order global economy, to make college more has traditionally been the case. against long-term deficit increases; a affordable, and to improve student With respect to the revenue side of point of order against short-term def- achievement. We do it, again, in three the equation in this budget, the Con- icit increases; we allow reconciliation ways: a higher education reserve fund gressional Budget Office, in looking at for deficit reduction only in the resolu- to facilitate the President’s student aid what we have done, would conclude tion out of the Senate; and we provide increase; by extending the simplified that as a total, compared to current a point of order against mandatory college tax credit, providing up to law, the budget resolution that passed spending on an appropriations bill. $2,500 a year in tax credit—that is a the Senate reduces taxes. Let me em- Let me address, very briefly, this last dollar-for-dollar reduction in your tax phasize that, because some want to put provision because what we found was liability; and, finally, by providing the all the emphasis on the tax increases in some of our colleagues have gotten in- President’s requested level of $5,550 for this package; but if you take the tax creasingly clever about finding new Pell grants and fully funding his edu- increases and the tax reductions and ways to spend money. We found they cation priorities, such as early edu- put it all together, and you look at a were increasing mandatory spending on cation. net result, you find that we are cutting appropriations bills. Mandatory spend- When I am asked about the Presi- taxes over the 5 years by $825 billion. ing is typically not done on an appro- dent’s budget, I give it very high marks That is because we have extended the priations bill, as the Chair well knows. because I think it has the priorities ex- middle-class tax relief that is from the Appropriations bills are designed to actly right—reducing our dependence 2001 and 2003 acts, the 10-percent brack- deal with discretionary spending, not on foreign energy, excellence in edu- et, the childcare tax credit, the mar- mandatory spending. Mandatory spend- cation, and health care reform, all in riage penalty relief, and the education ing is things such as Social Security the context of dramatically reducing incentives. All of that is in this bill. and Medicare, certain farm supports. the deficit. So on health care, the We also provide alternative min- Those are mandatory spending items. budget resolution that previously imum tax reform relief for 3 years to We found some of our colleagues have passed the Senate, which we will take prevent 24 million people from being gotten very clever and started to in- to the conference committee, bends the swept up in the alternative minimum crease mandatory spending on appro- health care cost curve, reducing costs tax. priations bills. We have created a point long term, improves health care out- We also have estate tax reform, $3.5 of order to try to short circuit that bad comes, expands coverage, increases re- million an individual, $7 million a cou- practice. search, and promotes food and drug ple, indexed for inflation. That means The budget resolution also attempts safety. Again, we do it in three dif- 99.8 percent of estates in this country to address our long-term fiscal chal- ferent and very specific ways: No. 1, a will pay zero; 99.8 percent of estates lenges. Let me be very clear. My col- reserve fund to accommodate the will pay zero. league will momentarily speak, and he

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4635 will be highly critical of the budget He has not just talked about it, he has our own people who own a fair portion resolution for not more fully address- been prepared to act. of our debt—a national public debt ing our long-term challenges. It may I wish to recognize him for his com- which will have doubled as a percent of surprise listeners to hear me say that I mitment to something I also believe in. our gross national product, going up to agree with him. If there is a place this I think it is abundantly clear we can- 80 percent of our gross national prod- budget can be fairly criticized, it is not stay on our current course. It is a uct. that it does not do enough long term. I course that will lead us to a much di- What does all that mean? It means think we do a pretty good job in the minished standard of living for the fu- essentially we will have built a debt in first 5 years. But beyond that—this is ture. While I believe this budget is a this Nation which our children will not only a 5-year budget—but beyond that, good beginning, I do not assert that be able to afford to pay down. Just the much more needs to be done. this in any way solves our long-term interest on that debt alone, as we move The ranking Republican on the Budg- problem. It does not. But it is a begin- into the later years of this budget, will et Committee, Senator GREGG, and I ning, an important beginning, and we exceed anything else in the budget as a have a proposal that I believe needs to need to do more. line item on the discretionary side of be pursued. It is to have a task force I also thank Senator GREGG for his the ledger. It will exceed, for example, given the responsibility to come up unfailing courtesy and professionalism, all the money we spend, the interest with a plan to get us back on a sound- not only in our public debates but in alone will exceed all the money we er, long-term fiscal track and to come the workings of the Budget Committee. spend on national defense. It will ex- to Congress for an assured vote if 12 of He has assembled a first-rate and pro- ceed by a factor of three or four or the 16 members of that group could fessional staff. We have worked to- maybe even eight accounts such as agree. gether well to do the business of the education, housing, veterans affairs, Nonetheless, there are three impor- committee and the business of the and health. The deficits will have been tant elements of this budget resolution country. so large for so long that the debt will that deal with our long-term fiscal cir- I thank Senator GREGG, once again, have grown to a point that there is no cumstance. No. 1 is the health reform for all he has done to allow the budget logical way or fair way that our chil- reserve fund. That, after all, is the big- resolution to be fully debated, fully dren and our children’s children, who gest threat to our long-term fiscal se- discussed, to have our differences aired will have to pay this debt, will be able curity and stability. No. 2 is we have publicly and privately but also to do it to do it in a manner that would leave program integrity initiatives to crack in an air of civility and respect, some- them with a nation that is as strong down on waste, fraud, and abuse. We thing I certainly feel toward him. and as prosperous as the Nation that have five in this budget, and they are The PRESIDING OFFICER. The Sen- was given us. very important—Medicare, Social Se- ator from New Hampshire. Putting it another way, at the end of curity, defense, and others as well. I Mr. GREGG. Mr. President, let me this budget, after these 10 years are hope very much that these are pursued begin by saying I think it is terribly over and beginning in about the third in the conference committee. unsportsmanlike of the chairman of and fourth year of this budget, the No. 3 is we have a long-term deficit the committee to say such nice things spending will be so out of control at increase point of order to require a 60- about me, to disarm my ability to ef- the Federal level, the growth of the vote point of order against moves to in- fectively attack his budget, but I wish Government will have occurred at such crease long-term deficits. to join his thoughts because he and his a rapid rate that we will have created Finally, let me say that on this ques- staff are very good to work with. He is a debt structure which will mean that tion of the long term, the President a professional. They are committed. He our children will have about three has been very clear. At the fiscal re- genuinely believes, as I do, that this choices in their future. sponsibility summit on February 23, country’s outyear fiscal situation is The first is that there will be a dra- the President said this: not a sustainable event. We are trying matic increase in inflation. We will try Now, I want to be very clear. While we are to work together to address that situa- to pay this debt off with inflated dol- making important progress towards fiscal re- tion. We hope we can gather others to lars. There is no more regressive or sponsibility this year, in this budget, this is join us in this effort. harmful tax that a society can put on just the beginning. In the coming years, I respect he has water to carry its people than to have uncontrolled in- we’ll be forced to make more tough choices, around here, and he carries it extraor- flation or massive inflation. But that is and do much more to address our long-term dinarily well on behalf of his constitu- what one of the choices is. challenges. ency, which is the Democratic caucus The other choice is that we will raise The President got it exactly right and the President of the United States. taxes to a level that they will be so with that statement. We are going to I congratulate him for the exceptional high we will essentially tax away the have to do much more. But this budget job he does. opportunity of our children to do is a good and responsible beginning. That being said—— things which were considered to be Mr. President, with that, I will yield Mr. CONRAD addressed the Chair. commonplace for our generation—buy the floor. Let me say, momentarily we Mr. GREGG. Is the debate over? a home, send their kids to college, in- will have a unanimous consent request Mr. CONRAD. Can we end the debate? vest in a small business, take a risk, before us. I do not yet have it in my (Laughter.) create a job. All of that will be taxed hands. I will say this before we begin Mr. GREGG. That being said, let’s away because the tax rates would have this debate. This is an institution with begin where the chairman leaves off ac- to get up to such a level to pay this Republicans, Democrats, and Independ- curately and correctly in saying that debt off that we will no longer be able ents. On the Budget Committee, we the course we are on is unsustainable. to have that type of prosperity. The have all three represented. What does ‘‘unsustainable’’ mean? It third course of action, equally unten- I am chairman of the committee rep- is one of those terms of art we use able, is that the dollar gets devalued— resenting the Democratic Party. Sen- around here. It means that by the time which is to some extent an inflationary ator GREGG is the ranking Republican. this budget runs its course—not nec- event—and people stop buying our Senator GREGG is someone with whom essarily the chairman’s budget but the debt. They simply say: I don’t believe we have strenuous debates and dis- President’s budget because the Presi- you can pay this debt off—you, the peo- agreements. You will see that in the dent’s budget is a 10-year budget—by ple of the United States. You are not coming hours. But I wish to make very the time the President’s budget runs going to be able to generate enough clear that I have high regard for Sen- its course, we will have passed on to productivity to do it. That, of course, ator GREGG. He is motivated by patri- our children a debt which will have tri- leads to some level of implosion of our otism, by love of country, and by a fun- pled—tripled—a deficit which will have economy which I can’t even calculate damental understanding that we are on averaged every year for the 10 years a or comprehend, but it is much worse an unsustainable track, that we have trillion dollars or more and a national than what we even confront today. to be much more serious about our public debt—that is the debt we owe to So nobody is arguing or debating—at long-term buildup of deficits and debt. the Chinese, to the Japanese, and to least I am not, though there are some

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4636 CONGRESSIONAL RECORD — SENATE April 23, 2009 who are—I am not coming to this floor from $100 to $200 to $300. We are talking ours, when you are talking about 2, 3, and saying it is irresponsible for this about trillions. Trillions. I don’t know and 4 percent—or in this case, 4 or 5 administration, for President Obama to what a trillion dollars is. I can’t even percent—that is where the massive have inserted a large amount of Fed- conceive of it. But that is what we are deficits come from. That is where the eral spending into the economy this talking about. We are talking about massive increase in debt comes from. It year and next year. We recognize that taking the Federal debt from $5.8 tril- is debt that is the issue. this economy is in stress and that the lion up to $17 trillion, or thereabouts. The chairman used to say: The debt only source of liquidity for our econ- To try to put it in perspective, if you is the threat. He is absolutely right, omy is our National Government and take all the spending, all the debt run the debt is the threat, but the driver of that the Federal Reserve, for all in- up by all the Presidents since the be- the threat is spending. Unless you are tents and purposes, has become the ginning of the country—George Wash- willing to address the issue of spend- lender of first resort. But that is a ington through Franklin Pierce ing, you are not going to get debt short-run issue. through George W. Bush—all that debt under control because you can’t tax The problem with this budget is that that has been run up over 230-some-odd people enough to cover that. Well, of the type of spending which has to be years by all our Presidents, that debt course you can always inflate the econ- done now is not curtailed after 2 years. is doubled by this President within 5 omy and try to cover it, but that leads It is not reigned in. It is not reduced or years of being in office. to much more harmful events. even leveled off. It continues up and up There is another chart which shows So this is the fundamental difference in the third year, the fourth year, the this even better. It is called the wall of we have as a party. The President has fifth year, the sixth year of the budget debt. This chart wasn’t invented by said he wants to spend, he wants to the President sent up here. The spend- me, but whoever invented it was a ge- tax, and he wants to borrow. And I ing continues to go up on a path that is nius, obviously. The wall of debt shows think it is important to note there is a extraordinarily steep, so that the cost how the Federal deficit just goes up little subtlety here that hasn’t been fo- of the Government, which today and and up and up and up. This wall of debt cused on too much, and that is this: historically has been about 20 percent is what our kids are going to run into When President Clinton came into of- of GDP, jumps to 21 percent, 22 per- when they try to have a productive fice, he also wanted to spend and tax, cent, 23 percent, and 24 percent. In fact, lifestyle. It is what is going to cost but he didn’t want to borrow. He used if you go outside the window and you them their ability to be successful. his taxes, which he increased—which I presume these numbers continue to By the time we get to the end of this, probably opposed—in order to reduce compound, you get to a cost of Govern- or even right here in the middle some- the deficit. This President, on the ment that ends up around 28 and 29 per- where of this budget, the average fam- other hand, who is claiming he is going cent of GDP. You cannot sustain an ily in this country is going to have to raise taxes on just the wealthy— economy with that type of cost. $130,000 of new debt for which they are which is a canard if there ever were a I have a few charts to try to put this responsible. And $130,000 is probably canard around here—is using all that in perspective. more than the mortgage on the homes revenue not to reduce the deficit but to The first chart is on the issue of debt. The budget, as proposed by the Presi- of most people. The interest cost on increase spending, and then he spends dent—and why do I keep talking about that debt, which most Americans, on top of that. So he is using it to grow the President’s budget rather than the which all Americans are going to be re- the size of Government. He is very chairman’s budget? Because the Presi- sponsible for, will be about $6,000. That forthright about this. He is going to dent’s Director of OMB said they are may be more than what most people use those tax revenues to nationalize essentially the same, and they are es- pay in interest on their homes. But the health care system. That is the sentially the same. We can get into the that is the debt that is going to be way I describe it; he describes it an- differences, but the differences are at passed on to them by this budget. other way. He is going to use those rev- the margin and they are really not ar- Why does it happen? It happens for enues to basically create a massive ex- guable. The biggest difference is that one very simple reason. It is called pansion of spending in the other ac- the chairman’s budget only goes for 5 spending. The simple fact is that under counts of the Federal Government. But years, not 10 years. Well, there are the President’s budget—and under the he is not going to use those revenues to other big differences, but that leaves budget proposed by the chairman—the try to reduce the deficit. That is the off the second 5 years, and by leaving spending of the Federal Government big difference between President off the second 5 years, you don’t talk goes up dramatically, comes back Obama and President Clinton in the about and you essentially hide some of down, and then starts back up again. It area of fiscal policy. So he doubles and the most dramatic effects of this goes up dramatically, of course, in triples the debt, and as a result, he spending binge. these 2 years here, which I said I have leaves to our children a nation which is The President’s budget increases reservations about. I especially had not affordable. So as I said, there is a taxes by $1.5 trillion, it increases dis- reservations about the stimulus pack- fundamental difference. cretionary spending by $1.4 trillion, age, which was a misallocation of You know, in the past we would get and it increases mandatory spending spending, even though I supported the these budget debates on the floor, and by $1.2 trillion. And this number, this stimulus effort. Why does it start back they were sort of academic exercises. $1.2 trillion, is grossly underestimated. up again? It starts back up again be- People would engage in them, and they What does it do in the area of savings? cause this President, in a very forth- would be very interesting, but I don’t On the mandatory side, it does nothing right manner—and I give him credit for think anybody ever saw it as the core in the area of savings, absolutely noth- this—has said not only in his budget of the policy of the country. Even ing. In fact, the few discretionary sav- but he has said publicly that he genu- though it was important, it wasn’t the ings he sent up, which I happen to sup- inely believes the way you create pros- core. port, were dropped in the chairman’s perity is to significantly increase the This debate is about this country’s mark, especially in the area of agri- size of the Federal Government, to future. This budget is about where this culture. So as we have said, and some take it to the left dramatically. So he country ends up. The pathway that has people have heard it before—maybe not does. As a result, spending goes up at a been laid out in this budget is a path- in this room—it spends too much, it rate that is simply not affordable for way that leads to a debt which the taxes too much, and it borrows too our children. chairman has openly said is not sus- much as a budget. What it doesn’t do is Look at this black line here. This is tainable. If the chairman knows it is save too much, and that is what gets us the black line that reflects the average not sustainable and the President into trouble. The practical effect of spending of the Federal Government knows it is not sustainable, why this budget’s structure is that it takes between 1958 and 2008. Look at how haven’t they sent a budget up here to Federal debt and doubles it in 5 years much higher the spending is of this address that fact? Instead, they have and triples it in 10 years. Government under this proposed budg- sent a budget up here which does noth- Try to remember what we are talking et. That is a huge gap. When you are ing about that fact, and, in fact, it does about. We are not talking about going talking about an economy as large as the opposite. It increases spending, it

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4637 increases discretionary and mandatory clude reconciliation instructions. I far from over. Reports indicate that ne- spending, and it saves absolutely zero commended members of the Budget gotiations will continue over the next in the area we most need savings, Committee during floor debate for not several days, maybe into the next sev- which is the mandatory accounts. including instructions for cap and eral weeks. Memories fade. If we think So the difference is this: The Presi- trade. I do so again today. that budget reconciliation is off the dent, as I said, has been forthright. His At the same time, I expressed con- table as time wears on, we could be budget—this budget—probably the cern that the real threat, though, came very mistaken. most significant document we have re- from the House in terms of what it had Budget Committee leadership from ceived here in the area of fiscal policy done with its resolution. The House both the House and the Senate has spe- since perhaps the time of Lyndon John- budget, I think we all know, included, cifically noted that debate on the in- son or before, concludes that the way interestingly enough, reconciliation in- clusion of reconciliation instructions to prosperity is to expand the size of structions. We all know why they in- continues to be very intense. In other Government in an exponential manner cluded the instructions. The House has words, the use of budget reconciliation by spending on Government programs no use for them. They are not nec- for cap and trade does remain a possi- in hopes that they create some sort of essary under House rules. Therefore, bility. Cap and trade could be slipped economic activity and create pros- there is no reason to include them into law if the House instructions, as perity over the long run. Well, we be- other than to attempt to force cap-and- currently written, end up in the con- lieve, as a party, that doesn’t work be- trade provisions into the conference re- ference report. cause in this case it is not paid for and port. For me, today’s motion is about it creates all this debt which we then We are nearing that day when a con- being able to say to Nebraskans when I pass on to our children to pay. We be- ference report will come to us. This return home—to look them in the eye lieve the way to prosperity is to have a would restrict input from the Amer- and say: Yes, I read that bill, and I government that is affordable and to ican people, or the Senate body, on a carefully considered its impact on you, pass that affordable government on to policy that would result in massive your families, your businesses, and your children. Equally important is to taxes and fees. your future. And, yes, I did everything empower the individual citizen and I thank Members on the other side of I could to make sure people from Ne- groups of citizens to go out, take a the aisle. I think they should be com- braska understood well the significant risk, and create a job, not to have the mended for what they did next. Under- tax burden likely to result from the Government take from the individual standing that the House was trying to legislation. And, yes, after considering the ability to create jobs because it slip climate change into law without all of those things, I stood up and cast taxes the individual either through in- review, without debate, without a vote, yes or no. flation or through taxes or through a amendment, without consideration, 26 We need to stand up to those who huge debt burden, as is proposed in this of my colleagues from the other side want to use reconciliation to stop budget—a huge debt burden that is not voted with the Republicans in support transparency and limit debate. I be- sustainable. of my amendment. lieve both the Chairman of the Senate So this is a very significant debate What was the result? The result was Budget Committee, whom I respect, and a very significant decision point in that 67 Senators made it very clear and the Ranking Member of the Senate our Nation’s history because if this just a few days ago that they would not Budget Committee, whom I respect, are budget passes in its present form, we support using budget reconciliation to battling mightily to ensure that rec- are guaranteeing that we will pass on pass cap and trade. This vote, I would onciliation instructions are not in- to our children a nation whose Govern- offer, showed courage and leadership. cluded. Today, on the floor of the Sen- ment is not sustainable, and therefore Probably most importantly, it showed ate, I commend them for that bipar- we will be passing on to our children a true bipartisan spirit. tisan effort. But they need our help. nation which is less than what we re- Today I am again asking for the sup- They need an army of Senators whose ceived from our parents. No generation port and leadership of my colleagues to primary concern is the interest of the has the right to do that to another gen- stand in support of my motion to in- American people. A vote in support of eration, and that is what this debate is struction the budget conferees. My mo- this motion can do just that. We need about. tion just says: Don’t just drop our this vote. We need to pass this motion. Mr. President, at this point, I yield amendment when you walk into the We need to insist that the text of the to Senator JOHANNS, who has an conference committee meeting. amendment, which 67 Senators, both amendment or who wishes to discuss a It says: Remember, we voted over- Republican and Democrat supported, motion to instruct. whelmingly against shutting off debate remains in the conference report on the The PRESIDING OFFICER. The Sen- and using as little as a single legisla- budget. ator from Nebraska. tive day to pass complex cap-and-trade I appreciate the opportunity to ex- Mr. JOHANNS. Mr. President, be- legislation. press this view. I urge my colleagues to cause of the procedure we are following It says: Don’t forget that cap and support this motion. I yield the floor. at the moment, I can’t make this mo- trade, if passed, will radically change The PRESIDING OFFICER. The Sen- tion right now, but we will offer the the economic landscape of this great ator from New Hampshire is recog- motion at the appropriate time. Nation. nized. I rise today to speak about some- Amendments to such a bill should Mr. GREGG. If the Senator will in- thing I am bringing to the Senate. I am not be narrowly limited by the rules of dulge me for about 2 minutes because I on the floor today because I think it is the budget process, a process that was want to speak quickly on behalf of the unwise and I also think it is unfair to really built for deficit reduction, not amendment of the Senator from Ne- the American people to use budget rec- greenhouse gas reduction. It asks for braska? He has outlined a lot of the onciliation to pass cap and trade. leadership from our Senate conferees substantive reasons it is important. It Just to review the history of this, I so the American people can witness a would not be appropriate to do this joined the senior Senator from West full debate on this very important type of huge policy on a 20-hour debate, Virginia and circulated a letter asking issue. no-amendment situation, up-or-down the leadership of the Budget Com- Where does that leave us today? One vote. But there is another issue which mittee not to include reconciliation in- might ask the question: Why is the mo- goes to the integrity of the Senate and structions to pass cap and trade. I was tion necessary? With such a strong the purposes of the Senate. very happy that a number of my col- showing against including instructions Basically, reconciliation is purely a leagues agreed with us. Eight Demo- for cap and trade, isn’t that message Senate event. The House doesn’t need crats signed the letter, and 25 Repub- already clear? The message is clear, reconciliation. The House has a Rules licans—even some who support cap and but I think we have to be vigilant for Committee. They can determine how trade—signed the letter. Notably, the some simple reasons. long debate is going to be, when there budget resolution which we considered First, we learned over the past sev- is going to be debate, and how many on the floor of the Senate did not in- eral days that budget discussions are amendments there are going to be.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4638 CONGRESSIONAL RECORD — SENATE April 23, 2009 The Senate historically has been the not go into all the technical reasons will not do on climate change. It is place where people come to talk, to why that is the case, but it is the case. very important to say what we will do. discuss, to air out an issue, and then to We will get to questions of reconcili- So that is what my motion to instruct have amendments on that issue. That ation being used for other purposes as does. It provides a positive direction is the whole function of the Senate in well. for future climate legislation. I thank our constitutional process. I find it in- I have argued strenuously, publicly my colleagues, Senators BOXER, congruous, to be kind, that the House and privately, that reconciliation BROWN, SHAHEEN, CARDIN, and of Representatives would be trying to ought to be reserved for deficit reduc- LIEBERMAN for cosponsoring this mo- dictate to the Senate the rules of oper- tion. But I do want to indicate that tion to instruct. ation of the Senate in a manner—first, there is no reconciliation instruction The budget we pass is truly about in- it is inappropriate to begin with, but in the resolution coming from the Sen- vesting in America’s future. With all they are dictating them in a manner ate; and in the House, the Speaker has respect to our ranking member, for which basically goes at the funda- made clear that reconciliation would whom I have great respect and fond- mental purpose of the Senate, which is not be used for climate change legisla- ness, there is a difference in this budg- that the Senate be the place where de- tion or for cap-and-trade legislation. et in terms of priorities. There is no bate, discussion, and amendment oc- Mr. GREGG. Will the Senator yield question about it. There is a big dif- curs on policy issues of great sub- for a question? ference in terms of what we want to in- stance. Mr. CONRAD. I would be happy to vest in—education, energy independ- I do not argue that reconciliation is yield. ence, health care, jobs. I might say not a useful and appropriate tool to be Mr. GREGG. I totally want to iden- coming from Michigan: Jobs, jobs, jobs. used around here. There are many rec- tify my position with the Senator’s ar- So there is a difference in direction, onciliation initiatives for which I gument as to the purposes of reconcili- in values, and priorities in this budget. voted. But in the area the Senator has ation and the fact it should not be used I believe it is what the American peo- noted, which is a massive change in in- for major public policy initiatives ple are asking for. Our policy on cli- dustrial policy, a huge tax on every which require debate and hearings in mate change has to invest in the future person who turns on a light in every the Senate and an amendment process. just as our budget does. If done right, home in America, that should not be Are we to presume, therefore, that climate change legislation will create done under reconciliation. Equally im- your logic on cap and trade applies also new jobs, new industries, and it will re- portant, the House of Representatives to major health care reform? vitalize and strengthen our economy. should not be explaining to the Senate Mr. CONRAD. My logic does, as I So I will offer a motion to instruct in or telling the Senate what the rules of have made very clear over and over, response to other amendments that say the road are in the Senate. They have publicly and privately. But, you know, what we cannot do. My motion, on the enough issues on their own over there. I don’t get to decide. We have House other hand, is what America can do, At this point, I think the Senator conferees, we have other Senate con- what we must do. from Michigan wanted to be recog- ferees, and, of course, we have a White My State of Michigan is facing seri- nized. At the completion of the re- House that has an interest—although ous challenges right now. We have the marks of the Senator from Michigan or they have no formal role in the budget highest unemployment rate in the the chairman’s comments, unless the process here. They submit a budget, country, of 12.6 percent. The hard- Senator has further comments, the but as the ranking member well knows, working people, the families in Michi- next Member to be recognized on our the budget resolution is entirely a con- gan and other States that are strug- side will be Senator GRASSLEY. gressional document. gling, need us to do a climate change The PRESIDING OFFICER. The Sen- With that said, I do want to indicate policy right so that it does create jobs ator from North Dakota is recognized. that I previously voted for the amend- and transform our economy. Our econ- Mr. CONRAD. Mr. President, let me ment of the Senator. I will vote for it omy cannot go forward with the same indicate with respect to the question of again. But I do want to indicate we do old policies dependent on foreign oil reconciliation being used for cap and not have any reconciliation instruction and pollution that harms our health trade or climate change, there is no in our resolution, and the House, and our economic interests. Climate provision on the House side for that through its leadership, has made clear policy can and must look out for work- purpose. At least that is the stated in- they do not intend to use a reconcili- ing families and businesses, whether it tention of the Speaker of the House of ation instruction for the purpose of cap is a farmer, a manufacturer, or a clean Representatives. And there is no rec- and trade or for the purpose of climate tech engineer. That is why the motion onciliation instruction in our resolu- change legislation. to instruct that I will be offering refers tion at all for any purpose. Mr. GREGG. If the Senator will yield to a future climate policy that is well Let me indicate I happen to agree for a further question, I will make this balanced to address all of these inter- with the Senator from Nebraska. I per- a rhetorical question. The Senator is ests, so it does create jobs and sonally do not believe reconciliation one of the most influential Members of strengthens manufacturing and breaks should be used for this purpose. I must the Senate and of the Congress. When America of our dangerous addiction to say, I am very disappointed the Repub- he says he wants something to happen, foreign oil. We cannot rely any longer licans, when they were in a position to especially when it deals with the budg- on the same old technologies and the do so, abused reconciliation. I believe et, I know it will. same old fuel. that strongly. Reconciliation was de- Mr. CONRAD. I wish that were true. With new energy solutions come new signed for one purpose and one purpose I wish the Senator had been with me in jobs and new industries. America has only, and that was deficit reduction. the discussions over the last few days, always led the world in innovation and Our friends on the other side used it to even in our caucus on Tuesday. we can do it again in a green energy dramatically cut taxes and increase I yield the floor. economy if we do this right. We are in the deficit. That was, to me, an abso- The PRESIDING OFFICER. The Sen- the midst of a revolution, an energy lute abuse of reconciliation. ator from Michigan is recognized. revolution. Over 100 years ago, Henry But two wrongs do not make a right, Ms. STABENOW. Mr. President, I, Ford revolutionized manufacturing in and I do not believe using reconcili- too, rise to speak to a motion to in- transportation with the automobile ation for major substantive legislation struct conferees. I understand we do and the assembly line. He also revolu- that is not fundamentally deficit re- not yet have an agreement to be able tionized the way we pay people in this duction is an appropriate use of rec- to move forward on that. country. He gave his workers $5 dollars onciliation. That is No. 1. I first want to indicate that I, as well a day to work on the line when it was No. 2, I think people will find that be- as the chairman of the Budget Com- not necessary to do that, because he cause reconciliation was designed for a mittee, joined with the Senator from wanted to make sure he had people who very specific purpose, that it does not Nebraska in supporting his amendment could buy his automobiles. work well for the purposes of writing to the budget resolution. But I believe Through doing that, that revolution- major substantive legislation. I will it is not enough just to say what we ized people to invest in workers. He

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4639 helped create the middle class of this Instead of arguing about what we that small business is the employment country. In the 1980s we had a com- cannot do, I urge my colleagues to em- machine of our economy. puter revolution that changed the way brace what we can do. That is what President Obama agrees with that. we work, the way we communicate, the this motion to instruct relates to—cre- Small businesses have generated 70 per- way we learn, the way we live. The en- ating jobs, protecting our environment, cent of the net increase in jobs in the ergy revolution of the 21st century will energy independence. This is what our United States over a long period of change our economy, I believe, if done future is about. time. Three weeks ago, we debated this right. In addition to speaking about the issue during the budget resolution de- That is why the right kind of climate motion to instruct, I would take a mo- bate. During the debate, the Senate policy is so important. The motion to ment to say, on the broader budget res- spoke on this point, because Senator instruct that I will be offering will di- olution, this resolution again is dif- CORNYN had a small business tax relief rect the conference committee toward ferent. It is about jobs, it is about en- amendment. That amendment passed a smart climate policy that will pro- ergy independence, health care, edu- by an overwhelming vote of 82 to 16. tect and strengthen manufacturing. cation, tax cuts, yes, for the middle America’s small businesses have been First we ensure a level playing field in class who have been overlooked for too suffering during this recession. If you the world economy so climate legisla- long, as well as focusing on cutting the go back to your States frequently, as I tion does not hurt our bottom line. deficit in half during the life of this do, you will hear about it from your This will protect U.S. manufacturers budget resolution. small businesses very directly. A few from international competitors that do We know this deficit has been run up. weeks ago, Senator LANDRIEU and Sen- not follow the same important environ- When I came into the Senate in 2001, ator SNOWE held a hearing on the mental standard our companies will we were debating what to do about a crunch hitting small business. They have to follow. $5.7 trillion surplus over 10 years, and found that big banks have been crank- Second, new manufacturing opportu- colleagues were willing to make deci- ing down lending to small businesses. nities will arise. I believe that. For ex- sions, our colleagues on other side of At a time we are putting more money ample, to meet the needs of new clean the aisle, were willing to go into defi- into big banks, why? I do not know energy production, we will need to cits for the war in Iraq, go into deficits that we got an explanation. I have been produce clean energy technologies on a for tax cuts for a few, go into deficits trying to get an answer out of Treasury massive scale. We are talking about for a different set of policies. on whether banks receiving the bailout 8,000 parts in a wind turbine. As I have It is true, this budget resolution re- money have been similarly squeezing said to many colleagues, we can build flects what I believe is a different set out small business customers. I am every single one of those in Michigan. of priorities that are the priorities of still waiting for an answer from our I know I talk a lot about this. I talk a the American people. I am very proud Treasury Department. lot about our economy in Michigan. A very good source of answer, of and grateful to our chairman, the But I truly believe if our energy policy though, as we turn elsewhere, an an- Senator from North Dakota, for his can turn Michigan’s economy around, swer about the environment of small it will turn America’s economy around. leadership, and I appreciate the rank- business, is found in the monthly sur- Recent history has shown what hap- ing member as well for his gracious- veys of small businesses conducted by pens when we rely primarily on foreign ness, even though we have different the National Federation of Independent sources of energy. We subject ourselves views. I very much appreciate the way Business. We all know about the NFIB, to less than friendly international gov- he and the chairman conduct the com- the largest small business organiza- ernments that can leverage unstable mittee. But I am proud to say this is tion. NFIB has been conducting these supply and higher prices against the different. The American people want a surveys now for 35 years. people we represent. The motion to in- different set of priorities, and that is The membership of that organization struct I will offer will guide the con- what this budget resolution provides. includes hundreds of thousands of ference committees to take steps to The PRESIDING OFFICER (Mrs. small businesses all across America. further reduce our dangerous addiction SHAHEEN). The Senator from North Da- You can find the survey on NFIB’s Web to foreign oil. kota. site www.nfib.org. I wish to encourage Furthermore, our domestic energy Mr. CONRAD. Madam President, at every Member to check out this needs also increase over time, and all this moment, I ask unanimous consent month’s survey, because I am going to sources of clean energy should be part that next Senator GRASSLEY be ac- be referring to it with charts I have of the portfolio. Diversification of our corded 14 minutes; that Senator BOXER with me. energy supply is key for security, sta- follow him for 10 minutes. The survey shows some extremely bility, and opportunity. This is a na- How much time would Senator disturbing trends on credit avail- tional and international problem and WYDEN request ? ability. Small businesses depend on we must solve this together. Mr. WYDEN. Could I have 10 as well? credit. Small businesses are getting My motion directs the conferees to Mr. CONRAD. And 10 minutes to Sen- squeezed very hard. That chart is up ensure that all regions contribute equi- ator WYDEN. now. As you can see, the chart shows tably and help each other as America Mr. GREGG. Is this all coming off of the availability of loans has fallen off transitions to a clean energy future. I your time? the cliff as late as 2007 and gets worse also believe a successful climate policy I will be yielding my time on this as you get into 2009. has to include all our economic stake- side. You see on the right side of the chart holders. Agriculture and forestry can Mr. CONRAD. I would always be the sharp downturn evidencing the make significant contributions to happy to give Senator GRASSLEY time lack of ability of small businesses to greenhouse gas reduction, perhaps as off mine. get loans. This credit crunch as well as much as 20 percent, with the right in- Mr. GRASSLEY. I will take it off other factors has contributed to the centives. My motion to instruct pro- your time. near record low in the NFIB’s index of vides clear and certain opportunities The PRESIDING OFFICER. Without small business optimism. I wish to for landowners so they can achieve objection, it is so ordered. have you view this, something like we emission reductions and benefit from The Senator from Iowa is recognized. regularly view, the University of doing so. Mr. GRASSLEY. Pretty soon we are Michigan’s monthly index on consumer Finally, this motion to instruct puts going to have a motion dealing with confidence. us on the road to a balanced climate small business. I want to address that The NFIB takes surveys regularly. policy. With policies that meet these issue now so that I get it addressed This chart shows small business owners objectives, we can ensure the American properly as a senior member of the turning extremely pessimistic in the public that greater economic oppor- Senate Finance Committee. last couple of years. You can see how tunity lies ahead, and we can do this Everyone in this body knows that that has ‘‘downturned’’ very rapidly at while meeting the ambitious emission small businesses are an extremely im- the right end of the chart. What you reduction targets set by President portant and dynamic part of the U.S. see here is the attitude of decision- Obama. economy. I wish to say, and I often do, makers in small business of America,

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4640 CONGRESSIONAL RECORD — SENATE April 23, 2009 the people who create the jobs. Those small business owners in the top two $250,000. This is a conservative number, are the decisionmakers for the busi- brackets. because it doesn’t include flow-through nesses that President Obama and we in Many of my friends on the other side business owners making between the Congress agree are most likely to will say that while they agree that suc- $200,000 and $250,000 that will also be grow or contract jobs. cessful small businesses are vital to the hit with the budget’s proposed tax The pessimism evidenced by the success of the U.S. economy, the mar- hikes. chart is at its second lowest point in ginal tax increases for the top two If the proponents of the marginal the 35-year survey. This data should brackets will not have a significant rate increase on small business owners concern every policymaker in this negative impact on small businesses. I agree that a 20 percent tax increase for body. As bad as the two sets of charts take exception to that argument. They half of the small businesses that em- are, I have a worse picture. used Tax Policy Center data, and I ployee two-thirds of all small business This chart shows the net increase or want to show why that should not be workers is not wise, then they should decrease in small business hiring plans. allowed. either oppose these tax increases, or The survey asks the small business Proponents of these tax increases present data that show a different re- owner simply whether he or she plans seek to minimize their impact by refer- sult for this group of people. to expand, on the one hand, or con- ring to Tax Policy Center data that in- As we prepare for the conference on tract, on the other hand, employment dicate about 2 percent of small busi- the budget resolution, the President over the next 3 months. ness filers pay taxes in the top two and the congressional Democratic lead- As you can see even more dramati- brackets. In testimony before the Sen- ership have an opportunity to change cally, look at the right-hand side of the ate Finance Committee, the liberal course. They have an opportunity to chart here. If I said on those others to think tank, Center on Budget Policy revisit the tax heavy, spending heavy, the left hand, in each case I was talk- and Priorities, also used that figure. and debt heavy budget they have ing about the right. I do know the dif- Moreover, Secretary Geithner has tes- passed 2 weeks ago. Both budgets ference between the left and right tified using that figure. They argue would perpetuate the double whammy hand. But as you can see even more that a minimal amount of small busi- of constricted credit on the one hand dramatically on the other two charts, ness activity is affected. and high taxes on the other, directed at this chart shows small business activ- However, there are two faulty as- America’s job creation engine—small ity contracting tremendously. sumptions to this small business filer business. Small business hiring plans are at argument. In the coming days, we Republicans their most negative level in the entire The first faulty assumption is that will try to persuade our Democratic 35-year history of this survey, again, the percentage of small business filers friends who have all the controls of fis- the right side of the chart. Let me re- is static. In fact, small businesses move cal policy to change course for the ben- peat, because it is so important, this in and out of gain and loss status de- efit of small business that we all agree goes back to 1974, those surveys. Since pending on the nature of the business ought to be our first concern. One way NFIB started doing them, the likeli- and the business cycle. The non- they can change course is to focus, like hood of small business owners adding partisan Joint Committee on Taxation a laser beam, on jump-starting the Na- workers has never been worse. has indicated that, for 2011, approxi- tion’s job engine—small business With this pessimism, we should not mately 3 percent of small business fil- America. We need an upturn in the be surprised then that job losses for ers will be hit by these proposed higher small business optimism index that is contrary to what this chart shows. We small businesses have been growing rates. These statistics compare to a need to reverse the direction of this dramatically. The national employ- 2007 Treasury which showed 7 percent sharply downward sloping arrow. If we ment report recently released by Auto- of flow-through business owners paying ignore this negative environment, we matic Data Processing shows 742,000 the top rate. In the latest analysis, are just kidding ourselves. We need to nonfarm private sector jobs were lost when the impact of the alternative change course and reverse this even from February to March 2009. Of those minimum tax is fully included, that more sharply downward sloping hiring 742,000 lost jobs, 614,000 or 83 percent, percentage may drop some. plan arrow. were from small business. The second faulty assumption is that That is where the President and Con- The President’s recent efforts to in- the level of small business activity, in- gress agree we need to get more job crease lending to the small business cluding employment, is proportionate growth. As we take the final steps on sector are commendable. The center- to the filer percentage. This is where the budget, let’s match that budget piece of his small business plan will the argument is hogwash. with this reality allow the Federal Government to spend According to NFIB survey data, 50 I yield the floor. up to $25 billion to purchase the small percent of owners of small businesses The PRESIDING OFFICER. The Sen- business loans that are now hindering that employ 20–249 workers would fall ator from California. community banks and other lenders. in the top two brackets. You can see it Mrs. BOXER. Madam President, I lis- Unfortunately, that is only a drop in right here on this chart. It shows what tened to Senator GRASSLEY’s remarks, the bucket. I am talking about. According to the and I have been in conference with Remember that small business ac- Small Business Administration, about folks who have read this budget line by counts for about half of the private sec- two-thirds of the Nation’s small busi- line. It is important for me to say tor. Moreover, the positives that will ness workers are employed by small something as someone who represents come to small businesses from this rel- businesses with 20 to 500 employees. the largest State in the Union. As I atively small package of loans—which Do we really want to raise taxes on look at this budget and it is how one will ultimately and obviously have to these small businesses that create new looks at it—I see it as a boon to small be paid back—will be heavily out- jobs and employ two-thirds of all small business. I don’t see one specific tax in- weighed by the negative impact of the business workers? Of course, we don’t. crease aimed at small business. Yes, if President’s proposed tax increases. But that is exactly what the majority an individual is over $250,000 a year, for Helping small businesses get loans just is going to do if they follow the Presi- all of us in that category, the tax to take that money back in the form of dent’s lead. breaks will expire. But to say that all tax hikes is not helping the economy With these small businesses already small businesses are hit hard is an ar- or small businesses. suffering from the credit crunch, do we gument that doesn’t hold up, in my The President’s budget proposes to really think it’s wise to hit them with eyes. I have great respect for my raise the top two marginal rates from the double-whammy of a 20 percent in- friend, and I know he has analyzed it 33 percent and 35 percent to 40 percent crease in their marginal tax rates? another way. But when I look at the and 41 percent respectively, when PEP Newly developed data from the Joint priorities of the new President and of and Pease are fully reinstated. Presi- Committee on Taxation demonstrates this Democratic Congress, what do I dent Obama’s marginal rate increase that 55 percent of the tax from the see? would mean an approximately 20 per- higher rates will be borne by small Here are the priorities. Investment in cent marginal tax rate increase on business owners with income over energy, that is going to be great for

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4641 small business. Talk to my venture sistance. They used it to cut education There being no objection, the mate- capitalists. They are ready, willing, grants. They used it to cut impact aid rial was ordered to be printed in the and able to make huge commitments and title I compensatory education RECORD, as follows: to alternative forms of energy. Invest- programs for disadvantaged children. EPA’S PROPOSED ENDANGERMENT FINDING ment in education, that is also going to They used it to cut student loans. They The effects of climate change observed to be good for people who work in the edu- used it to cut the Social Security min- date and projected to occur in the future—in- cation field. And health care, we know imum benefit. Our friends on the other cluding but not limited to the increased like- that as we have more insurance out side were very happy to use the rec- lihood of more frequent and intense heat there available for people, there will be onciliation process, which only re- waves, more wildfires, degraded air quality, many jobs created and many small quired 51 votes, to hurt the American more heavy downpours and flooding, in- creased drought, greater sea level rise, more businesses created around the delivery people. That is what I think those cuts did. But when it comes to helping the intense storms, harm to water resources, of health care. harm to agriculture, and harm to wildlife I guess the way one looks at this American people by stepping up to the and ecosystems—are effects on public health budget depends on their point of view. plate and addressing global warming and welfare within the meaning of the Clean Clearly, I believed our President, when and, in the course of doing so, creating Air Act. he said he had those priorities. I view millions of new jobs, no, they want to This is not a close case in which the mag- this budget overall as being a boon to have a supermajority. nitude of the harm is small and the prob- small business and being a boon to the Senator JOHANNS showed us he can ability great, or the magnitude large and the probability small. In both magnitude and American people as we move forward get the votes to pass that. I know he will. That is why I am so grateful to probability, climate change is an enormous with investments that will create problem. The greenhouse gases that are re- Senator STABENOW, who has said: OK, many jobs. sponsible for it endanger public health and The reason I wanted this time in par- you want to say we won’t use reconcili- welfare within the meaning of the Clean Air ticular was to kind of reargue an old ation. She is saying: We will, in fact, Act. argument we already had once before keep the reserve fund in there for glob- Severe heat waves are projected to inten- and that has come before us. Senator al warming so we can move it forward. sify in magnitude and duration over the por- JOHANNS wants to have another vote to This reserve fund will allow us to in- tions of the U.S. where these events already say we won’t use the reconciliation vest in new jobs that will come about occur, with likely increases in mortality and by investments in clean energy tech- morbidity. The populations most sensitive to process which, for people who don’t hot temperatures are older adults, the chron- know what that means, we won’t use a nologies which will make us a healthier economy, energy inde- ically sick, the very young, city-dwellers, process that we only need a majority those taking medications . . ., the mentally to win. We are going to use the 60-vote pendent, and it will make us more se- ill, those lacking access to air conditioning, requirement to write and pass global cure because we will have to import those working or playing outdoors, and the warming legislation. less foreign oil. We are going to see in- socially isolated. I know this is going to pass because creases in energy efficiency which will Mrs. BOXER. I say to my friends and it passed before. I think most Members yield amazing benefits. That will help my colleagues who are listening to this believe if we can get 60 votes for cli- us in the long run reduce energy costs. debate, vote for the Stabenow motion mate change legislation, fine. But I We are going to use these funds to pro- to instruct. It is an important motion. have to say again, after reviewing the tect consumers. This is what the It will keep the reserve fund and will number of times the Republican Party Stabenow-Boxer-Brown-Lieberman- allow us to move forward and attack has used reconciliation since 1980, it Cardin amendment is saying. We want this serious problem of global warming has been 13 times out of the 19 times to keep that reserve fund in the budget that has gone unaddressed for too long. that reconciliation has been used. I so we can move forward with climate Madam President, I yield the floor. would say to people who might be lis- change legislation. The PRESIDING OFFICER. The ma- I am looking forward to this mo- tening to this, to try to keep it as sim- jority leader is recognized. ment. This is long overdue. We have ple as possible: Reconciliation is used lost 8 years. But the kind of approach f when there is a way to reduce the def- we need is the kind of approach Sen- CONGRESSIONAL BUDGET FOR icit. That is when it is used. You want ator STABENOW is envisioning. We can- THE UNITED STATES GOVERN- to reduce the deficit so you say: There- not afford to wait. Scientists are tell- MENT FOR FISCAL YEAR 2010 fore, if you are reducing the deficit, we ing us we are going to face rising sea Mr. REID. Madam President, I ask will do it with just a majority vote in- levels, droughts, floods, the loss of spe- stead of a supermajority vote. That is the Chair to lay before the Senate a cies, spreading diseases. Our own message from the House on S. Con. the thinking behind it. health officials in the last administra- A cap-and-trade program, which Res. 13, the concurrent budget resolu- tion and this one have told us we have many of us support in order to combat tion. to act. The Environmental Protection global warming, will give us the ability The PRESIDING OFFICER laid be- Agency has proposed an endangerment to reduce the deficit. We know that be- fore the Senate the following message finding. from the House of Representatives: cause that is what we were told last We are being told that our people are year as we worked on the Boxer- in danger if we do not enact global Resolved, That the House insist upon its Lieberman-Warner bill. Much of the amendment to the resolution (S. Con. Res. warming legislation. It is spelled out. 13) entitled ‘‘Concurrent resolution setting funds went back to consumers to help Severe illnesses are going to crop up them pay energy costs. But there was a forth the congressional budget for the United as a result of organisms that will now States Government for fiscal year 2010, revis- segment of funds that went straight be living in warmer waters. ing the appropriate budgetary levels for fis- into deficit reduction. But, no, my Re- To quote the EPA—and they talk cal year 2009, and setting forth the appro- publican friends don’t want to look at about the heat waves and the mor- priate budgetary levels for fiscal years 2011 that. Even though they used this 13 tality rate and the wildfires and the through 2014.’’, and ask a conference with the times, they want to prohibit the use of drought and the flooding—this is what Senate on the disagreeing votes of the two reconciliation for global warming leg- they say. I will close with this quote. Houses thereon. islation. They say: Global warming left un- Mr. REID. Madam President, the fol- As I look back on the number of checked is a serious harm to our peo- lowing request has been approved by times Republicans have used reconcili- ple. It is not a close case, they say. The Senator GREGG and the Republican ation, in my view, it didn’t make life greenhouse gases that are responsible leadership. any better for the American people. for global warming endanger public I ask unanimous consent that the This is what they used it for. They used health and welfare within the meaning Senate disagree to the amendment of it to cut health program block grants of the Clean Air Act. the House, agree to the request for a to our States. They used it to cut Med- Madam President, I ask unanimous conference on the disagreeing votes of icaid. They used it to cut food stamps. consent to have printed in the RECORD the two Houses, and that the Chair be They used it to cut dairy price sup- the EPA’s Proposed Endangerment authorized to appoint conferees; that ports. They used it to cut energy as- Finding. prior to the Chair appointing conferees,

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4642 CONGRESSIONAL RECORD — SENATE April 23, 2009 the following motions to instruct the health status and pre-existing condi- There has been considerable discus- conferees be in order; and that a major- tions like cancer. Even though Jake sion on the Senate floor about the idea ity side-by-side motion to instruct be has been cancer free for a year, he of reconciliation for tackling health in order to any Republican motion to can’t find affordable health insurance care. I think Chairman CONRAD is abso- instruct and that the majority motion on his own. Insurance companies can lutely right in his approach. be voted on first; that upon disposition pick and choose the customers who are I will say there have been many of us of all motions, any remaining statu- the good risks and leave the bad risks, on both the Democratic and Repub- tory time be yielded back; and that the like Jake Walker, out in the cold. It lican side, as we have looked to health conferee ratio be 2 to 1; provided fur- isn’t Mrs. Walker who’s let her son care, who want to make the issue of ther that the statutory time be consid- down. It’s the health care system. reconciliation irrelevant. We want to ered as having started running at 3 This is not going to be fixed by a make the issue of reconciliation irrele- p.m. today, and that the time be piecemeal approach to health care re- vant because we are hoping to bring charged equally to both sides. The mo- form that tackles one part of the sys- enough Democrats and Republicans to- tions in order are Johanns, cap and tem or another and produces incre- gether so we will have 70 or more Sen- trade; Stabenow, cap and trade, which mental change for perhaps a short pe- ators gathered to fix the health care is a side by side; Gregg, no debt in- riod of time. What is needed is trans- system. crease; Sessions, nondefense, non- formational change. I believe Demo- These issues, ultimately, in my view, veterans spending freeze; Ensign, point crats and Republicans in the Senate are not ones that automatically of order relative to raising taxes; are committed to that objective. produce a partisan divide. The private Cornyn, taxes; Alexander, competitive I think there is a growing recogni- insurance system is also broken. It is student loans; Coburn, budget line by tion that both parties have had a valid about cherry-picking. line; DeMint, health care, that no point point. Democrats, in my view, are cor- Madam President, how much time do of order be in order to this motion; rect that you cannot fix health care I have remaining? Vitter, oil and gas tax. unless you cover everybody because The PRESIDING OFFICER. Five The PRESIDING OFFICER. Is there without full coverage you cannot orga- minutes 31 seconds. objection? nize the market. There is too much Mr. WYDEN. For the remainder of Without objection, it is so ordered. cost-shifting. There is no emphasis on my time, Madam President, let me tick The Senator from Oregon. prevention. You have to get all Ameri- off a number of other areas where Mr. WYDEN. Madam President, cans good quality, affordable care. Re- Democrats and Republicans on this Chairman CONRAD has emphasized how publicans have valid points, in my health care issue can come together for important it will be to tackle the view, as well. You should not just turn transformative change. major issues—health care reform and everything over to the Government and Today’s private insurance model is climate change—in a bipartisan way. I say that is the answer. also broken. It is all about cherry-pick- wish to spend a few minutes first ex- What is really needed for trans- ing. It is about taking healthy people pressing my support for that position formational change is containing the and sending sick people over to Gov- and urging that the conference on the costs. The Congressional Budget Office, ernment programs more fragile than budget proceed expeditiously because last May, said that for the amount of they are. So what Democrats and Re- then the heavy lifting in the Senate money America is spending today on publicans want to do—again, in the will begin. health care, all Americans in a couple name of transformative change—is we For example, for American health years could have good quality, afford- want to say that the companies are care, what is needed is nothing short of able coverage like their Members of going to have to take all comers. We a transformation of our system. Amer- Congress. That is what the Congres- understand that is a key part of health ican health care is simply broken. Med- sional Budget Office said when it care reform. ical costs are gobbling up everything in looked at one approach to dealing with But we are going to put them all on sight. Middle-class people know their health costs. equal footing. There are not going to paychecks are not going up, and the I am very confident, under the lead- be any price controls or big Federal prime reason is because medical costs ership of Chairman BAUCUS and Chair- regulatory systems. But everybody is take away all of what would otherwise man KENNEDY, that they will have a lot going to be part of a big group so we be a wage increase. of support for transformational change contain costs as part of a big pool. We Our newspapers report daily that so we make sure all Americans have will reward prevention and wellness, Americans are being laid off at their access to good quality, affordable which, of course, is not done today. jobs. They lose their health benefits. choices, and they get rewarded when This is where I think it will be possible What we see again and again is a spiral they take sensible steps, for example, for firms in the health care area to of tragedy, as they simply lurch from in preventive health care and wellness both do good and do well by offering one effort to another to try to find and shop carefully for health care cov- better service to our people. health care and cannot get it. erage. Other areas of transformative health For example, on Tuesday, the New Today, if you are lucky enough to care reform: The issue of portability York Times published a front page have health care coverage, you do not and making sure our people can take story titled, ‘‘No Job and Soon No Ben- get any choice at most employers. their health care coverage with them efits, Race to Help Son Stay Cancer That is not the way it is for Members so they do not lose their coverage when Free.’’ Dana Walker of Humble, Texas, of Congress. So why don’t we agree, they lose their job or they wish to was laid off from her job at DHL leav- Democrats and Republicans, after we leave their job. That is what happens ing her and her family without health get this budget conference put to- today. Of course, much of the health insurance. Her son Jake is just 21 years gether, that we are going to make sure care system does not offer that kind of old and is a cancer survivor. Now unin- all Americans get good quality, afford- portability because it is built around sured, the Walkers have had to defer able choices like Members of Congress what happened in the 1940s, when some- their own care, pay up front for Jake’s have? Then let’s start rewarding them. body started working and stayed put care, and have essentially been refused Let’s reward them for sensible preven- for 25 years, until you gave them a gold care at the hospital that specializes in tion. For example, the Safeway Cor- watch. Well, today the typical worker care. In the article, Mrs. Walker said, poration has been doing that for some changes their job 11 times by the time ‘‘Your job as a parent is to protect time. I would like to say that seniors they are 40. We need portable coverage. your children at any cost. I really feel who lower their blood pressure and Democrats and Republicans can work like I had let him down.’’ lower their cholesterol would get re- together on that. I don’t believe Mrs. Walker has let duced Part B premiums. That is the I want to close, again in the name of her son down. She’s doing all she can. outpatient portion of the Medicare pro- bipartisanship, by talking about how In the individual market health insur- gram. But these are areas where Demo- we can help people who have coverage. ers can discriminate on the basis of crats and Republicans can come to- They have been described by some as age, gender, family size, geography, gether. the contentedly covered Americans. I

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4643 think what we ought to say for those forts he has extended. I once again United States; no, they believe we are folks, Democrats and Republicans, is, thank the Senator for his leadership in incurring too much debt and they were let’s let them keep the coverage they the committee, on the floor, in the not going to follow us; and the Presi- have. Let’s make sure they are Senate, and for the seriousness of pur- dent of the European Union said our fi- wealthier in the new system because pose he has brought to the task. nancial proposals were the road to hell. they get rewarded when they engage in The PRESIDING OFFICER. The Sen- That is what he said about them. those preventive practices or make a ator from Alabama is recognized. Let me share a few things before we good purchase. Let’s make sure they Mr. SESSIONS. Madam President, get started on the specifics of the mo- are healthier in the new system. Chair- while I agree with Senator CONRAD tion to instruct. This is what the Presi- man CONRAD is here and has talked that Senator WYDEN has worked hard dent’s budget called for. He submitted about improvements, for example, in on this and he is raising some impor- a 10-year budget, and this is not some- chronic care, which is certainly part of tant issues, I am very worried about thing, let me add, that he was forced to making Americans healthier. where we may be heading in the realm do. This budget represents the Presi- Finally, let’s make sure that if they of health care. I have been impressed dent’s, the administration’s, and now, I leave their job or their job leaves them, with Senator WYDEN’s efforts to create guess, this Senate’s fundamental view as I have touched on, they are going to something that could result in bipar- that we need to spend, spend, spend have a safety net of affordable cov- tisan agreement. I don’t know where more than we ever have in history and erage. we are headed, but I respect him great- not be too much worried about the Each and every one of those points I ly for his efforts. debt. have talked about is an issue on which MOTION TO INSTRUCT So under the present state of affairs, Democrats and Republicans can come Madam President, I ask unanimous in 2008 the debt of the United States, together. I hope the Senate will follow consent to call up my motion to in- from the founding of the Republic over Chairman CONRAD’s advice about pro- struct conferees. 200 years, totaled $5.8 trillion—a lot of ceeding expeditiously. I think there are The PRESIDING OFFICER. Without money. We paid on that $170 billion in many Members of the Senate who want objection, it is so ordered. interest in 2008. That is how much in- to tackle these big issues—climate The clerk will report. terest we paid. We spent less than $100 change and health care—in a manner The legislative clerk read as follows: billion on education and $40 billion on that makes reconciliation irrelevant The Senator from Alabama Mr. SESSIONS highways. This year we paid $170 bil- because we have brought together the moves that the managers on the part of the lion on interest on our debt. But, with- kind of broad majorities that I think Senate at the conference on the disagreeing in 5 years, according to the President’s are particularly within the grasp of the votes of the two Houses on the concurrent own budget numbers we will double resolution S. Con. Res. 13 (the current reso- Senate on this issue of reforming lution on the budget for fiscal year 2010) be that debt to $11.8 trillion in 5 years, health care. I look forward to working instructed to insist that the conference re- and in 10 years, the debt will triple to with colleagues on both sides of the port on the concurrent resolution shall $17.3 trillion. The young people who are aisle for exactly that kind of trans- freeze non-defense and non-veterans funding coming out of school today and begin- formative policy to better meet the for 2 years, and limit the growth of non-de- ning to work, how much interest will needs of the American people. fense and non-veterans funding to 1% annu- they be required to pay on that 10 With that, Madam President, I yield ally for fiscal years 2012, 2013 and 2014. years from now? Not $170 billion, but the floor. Mr. SESSIONS. Madam President, according to our own Congressional The PRESIDING OFFICER. The Sen- the budget resolution is on the floor Budget Office that scored this care- ator from North Dakota. now, and I believe we ought to talk fully—and they are under the control Mr. CONRAD. Madam President, just about it and be honest with ourselves of the Democratic majority, but they briefly, I want to thank Senator about it. I will speak as one Senator. I are a nonpartisan group, and I respect WYDEN for his leadership. He is really know it passed this Senate. I don’t what they do—they calculate we will an outstanding member of the Budget think any Republican voted for it. pay $806 billion in interest, over ten Committee. No one—no one—has spent Maybe a couple of Democrats voted times what we are spending today on more time on health care reform and against it, but it passed with extra the education expenditures of the Fed- tax reform than the Senator from Or- votes to spare. eral Government, and many times the egon. No one has reached across the I would say—and I hate to say it, but $40 billion we spend on highways this party divide more assiduously than I will repeat what I have said before: I year. Senator WYDEN. I very much appre- believe this is the most irresponsible I would say this is a stunning devel- ciate his contributions to the com- budget in the history of this Republic. opment. I am worried about it. I think mittee and to the Senate and espe- It surges debt to a degree to which we every American should be worried cially to a thoughtful debate and dis- have never seen before, not because it about it. Are those projections off cussion of the key issues facing the assumes we are going to be in long- base? I have the numbers; they just re- country. term economic turmoil—they assume leased the numbers for this year. Re- One of the things that is so striking we are going to have economic growth member, last year was the biggest def- on health care is that we are spending roaring back in a year or two and that icit this Nation has had since World about 18 percent of our gross domestic revenues will be surging in to the Gov- War II—$455 billion. We need to be product on health care. And some are ernment. The debt and deficit we are working that annual deficit down. saying: Well, we have to spend another incurring is a direct result of massive Look: In October, the first month, we $1 trillion to $1.5 trillion. It strikes spending—an alteration, I believe, by hit $134 billion; by January—4 some of us as improbable that when we all accounts of an historic concept that months—we were at $563 billion this are spending $1 in every $6 in our econ- Americans have of limited government, fiscal year. That is this fiscal year. By omy on health care—about twice as lower taxes, and a vibrant private sec- January of this year, in 4 months, $563 much proportionately as any other tor. We have always objected to the billion in deficit represents the largest country in the world—that the answer Europeans and their more socialist deficit in the Republic since World War is to spend another $1 trillion to $1.5 model. We have consistently, year after II. Here we go back to the end of the trillion. year, had greater growth than they quarter, at 6 months from October, Senator WYDEN, through really years have had, lower unemployment than through March, it is now $953 billion, of effort—and I mean years—working they have had, and we have been proud already twice what last year’s numbers week after week with the Director of of that. were. So we are on track this year to the Congressional Budget Office, with Of course, both Europe and the see an annual deficit of $1.8 to $1.9 tril- other policymakers, has put together a United States are in trouble today. I lion. That is unbelievable. bipartisan health care plan. It is the was rather mortified when the Euro- I ask my colleagues, does it get bet- only one of significance I know of that pean leaders told our President and our ter? Not under the President’s budget. has broad-based bipartisan support. He Secretary of the Treasury that no, Under the President’s budget, in the deserves all of our thanks for the ef- they were not going to spend like the outyears, the numbers continue to go

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4644 CONGRESSIONAL RECORD — SENATE April 23, 2009 up, and in the tenth year, his budget be able to keep the baseline budget flat their policies actually did. And what projects a deficit of $1.2 trillion. Over for 2 years and show a modest increase did they do? Well, on spending, it is in- 10 years, his budget deficit will average of 1 percent over the next 3 years. This teresting to see the crocodile tears over $900 billion each year. Again, this will make a difference. It will save us now, but when they had a chance, they is not projecting a war; it is projecting $173 billion. It will give us—it will start doubled the spending of the country. a decline in defense spending for mili- us on a process of having a baseline That is a fact. They doubled it. tary activities around the globe. It is spending level for this country at a Much more than that, they took the projecting solid, even robust economic more frugal rate. Most States are hav- deficit to unprecedented levels. growth. The deficits are caused by ing to cut. Most cities are showing re- This is the deficit record of the pre- spending. I am so disappointed we ductions, 3.56 percent, some more than vious administration. What you see is haven’t done a better job of controlling that, all over the country. They are not an ocean of red ink. The black is the it. disappearing from the face of the previous administration. The Clinton I know the Senate budget is a 5-year Earth. It is not impossible to cut administration balanced the budget budget. That is what they think is spending, but this doesn’t propose any and stopped raiding the Social Security going to look a little better than the cut. It proposes 2 years of flat spend- trust fund. The Bush administration President’s 10-year budget, but accord- ing—but remember, we added $800 bil- came in and ran up the deficit to ing to the Republican staff, they did an lion on top of it; and then for 3 years, record levels, put the economy in the analysis of it and it is essentially the a 1-percent increase. This will make a ditch, and then left town. They said to same over the first 5 years. In fact, Mr. difference. In over 10 or 15 years, it will the Obama administration: Good luck. Orszag, of the President’s Office of have an even bigger impact than we This is what happened to the debt Management and Budget, who used to might think. under the Bush administration. Not be the Director at CBO, said publicly it I urge my colleagues to consider this. only did they double spending, they was 98 percent of what the President We ought to show some restraint. Ev- more than doubled the debt of the wanted. This chart shows that in dis- erybody is saying, Well, we will worry country, and that was at a time when cretionary outlays it is 98.8 percent about that tomorrow. We have a crisis the economy was relatively good. What identical to the President’s 5 years; on today, and we are going to spend today, a tragic record. What a legacy they total outlays, it is 96.6 percent iden- and we will worry about the debt later. have left for this country—a legacy of tical; and the revenue they project is But it is time for us to stand up and be debt, deficits, and decline—the three 99.8 percent identical. counted, I believe. I think my amend- Ds. And they are the Ds that belong What can we do about it? There are a ment is modest, I think it is respon- and describe the record of the previous lot of things we can do. The most dif- sible, but I think it is significant. I administration. ficult—and our chairman, Senator urge my colleagues to consider this What did President Obama inherit? CONRAD, and the ranking member, Sen- motion to instruct. Record deficits, the more than dou- ator GREGG, have made some steps to- I appreciate the opportunity to speak bling of the national debt, the worse ward dealing with the crisis in entitle- on it. I appreciate those who worked on recession since the Great Depression, ments. They are growing at a rapid this budget, but I have to say, it should the financial markets and housing pace and we have to do something not become law. It is a bad mistake for markets in crisis, almost 4 million jobs about it. This budget assumes no re- this country to do it. I urge my col- lost in the last 6 months alone, and war form on entitlements whatsoever, but leagues to not go forward with a lock- in Iraq and Afghanistan. My goodness, maybe they will be able to make some- step movement to vote for this budget. what a mess he was left to try to clean thing happen. I would like to see us I don’t think the American people are up. project some savings in that, but it is at all happy with it. I believe they Senator GREGG has made it very not shown in this budget. know we are doing something funda- clear—and he is right—that we have a So the motion to instruct I have mental to this country—and that was a need to increase the short-term deficit, filed, and that at some point we will be big part of some of the tea party talk— unless we want to return to Hoover ec- voting on, would say we ought to begin a deep angst out there that something onomics, which put this country in a to establish some sense of fiscal re- is happening to their country that is depression and, unfortunately, that is sponsibility by containing the growth unprecedented. exactly what I heard in the previous in discretionary, nondefense, non- I appreciate my colleagues’ attention speech—a desire to return to Hoover veteran spending. This can be done. It to this motion to instruct and I urge economics. The markets will correct is particularly easy to do so this year their support for it. themselves; the Government doesn’t because we, a few months ago—a few I yield the floor. have to do anything. We can just sit by weeks ago, really—passed an $800 bil- The PRESIDING OFFICER. The Sen- and watch the whole thing collapse. lion stimulus package, on top of our ator from North Dakota. That was the philosophy of the last base budget. So I would have thought, Mr. CONRAD. Madam President, I administration. We can see what hap- when we did our baseline budget this thank the Senator for his remarks. I pened. It was a tragic mistake. We can year, knowing we had pumped in $800 disagree with them, but I respect them. go back further in history and see what billion over the next 2 years to try to They are deeply held on the part of happened in the 1920s and 1930s when stimulate the economy, that we would Senator SESSIONS, who is an important that same philosophy prevailed. It put have a frugal baseline budget. Not so. member of the Senate Budget Com- this country into the worst depression In fact, according to the budget that is mittee. in the economic history of our country. on the floor, I believe, it shows a 7-per- Let’s review the record, because I All I can say is, no thanks. My vote cent increase in baseline discretionary, have heard some things here today is no on going back to Hoover econom- nondefense spending. that are a bit of rewriting of history. ics. Most of my colleagues know the rule How did we get in this ditch? This I say to my colleague, Senator wasn’t the Obama administration’s of seven: A 7-percent growth rate dou- GREGG, who recognizes that Hoover ec- bles your money in 10 years. So this doing. The Obama administration has onomics is not the answer, this is the proposal puts us on a track to double been in office less than 100 days. They statement he made: the spending for discretionary, non- inherited this colossal mess. Who did they inherit it from? They inherited it I am willing to accept the short-term def- defense spending in 10 years. It is an icit number and not debate it, because we unsustainable track. from the previous administration, are in a recession, and it’s necessary for the I propose this: In light of this stim- aided and abetted by what was for 6 Government to step in and be aggressive, and ulus package—the largest single appro- years solid Republican majorities in the Government is the last source of liquid- priation of money in the history of the House and the Senate. And what ity. And so you can argue that this number, America that we passed, and every was the record they produced? Not pro- although horribly large, is something we will penny going to the debt; all $800 billion jections in the sweet bye-and-bye of simply have to live with. of it has to be borrowed so we can what the new President’s budget might Senator GREGG said much the same spend it. In light of that, we ought to do. We can look back and see what thing today. Of course, he is right.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4645 Look, nobody is more of a deficit hawk, to cost nothing. Let me repeat that. trillion of U.S. debt held abroad. The I don’t think, in this place than I am. The previous administration, even previous President alone tripled that But I understand in the short term, after the war in Iraq had begun, amount. You talk about a legacy of when your economy is collapsing, defi- claimed in their budget submissions debt, you talk about a legacy of weak- cits and debt will grow. That is nec- that the war was going to cost noth- ening the country, that is it. essary because only the Government ing—nothing. What an amazing thing. Madam President, I don’t mind hear- can provide the liquidity to prevent a It wasn’t true. ing criticism of the budget we have complete collapse. But over time, it is This President came in and said: No, proposed. Is it a perfect document? No. absolutely essential that we pivot and we are going to write a new chapter. Do we have to do much more, espe- go back to a more sustainable fiscal We are at war, and we are going to put cially in the next 5 years? Absolutely. course. That is what this budget begins the war cost in the budget. So in the But this budget is a good and respon- to do. modest increases here, 37 percent of sible beginning. If our budget is so bad, For example, on domestic discre- them are defense; 14 percent is in inter- why haven’t they offered an alter- tionary spending, we take it from 4.3 national. That is also something hid- native? If our budget is as irresponsible percent of GDP in 2010 down to 3.2 per- den in the previous administration. as they claim, why did they not offer cent in 2014. We are stepping down dis- They kept presenting what they called an alternative? cretionary spending in each and every ‘‘supplemental’’ budgets after their Well, I think we know the reason. year, measured as a share of our na- regular budget to hide the full cost of They didn’t want to have to be held re- tional economy. That is what econo- their involvement overseas. sponsible for the tough choices of pre- mists say is the right way to measure. The next largest increase in the mod- senting a budget. So talk is cheap I could show it in dollar terms, but est overall increases we have is for vet- around here. This budget upholds the that doesn’t take into account infla- erans; 10 percent of the increases is for President’s fundamental priorities of tion. This does. our Nation’s veterans. Why? Because reducing our dependence on foreign oil, When I hear this talk about this they deserve the best care we can pro- a focus on excellence in education, and being a big-spending budget, please, I vide. We have the largest dollar in- fundamental health care reform be- don’t know what budget they are talk- crease for veterans health care in this cause that is the 800-pound gorilla that ing about. They are not talking about budget than in any budget that has can swamp this boat. Without such re- the budget that passed the Senate be- been presented. I am proud of that be- form, we are headed on a course in cause the budget that passed the Sen- cause we are keeping faith with our health care that is totally and com- ate increases nondefense discretionary Nation’s veterans. pletely unsustainable. Finally, we are spending, on average, per year, by 2.5 Ten percent of the increase is for dramatically reducing the deficit over percent. That is not a big spending education, and 10 percent is for income the next 5 years. budget. security. That is because we are in a Those are the priorities the President Let’s look at the defense side as well deep recession. That means people are asked us to preserve. We have done it because in 2010 defense spending under out of work, and if we are going to pro- in the budget. The President supports this budget is 4.8 percent of GDP. Over vide unemployment benefits to keep it. He is right to do so. Let’s remember 5 years, we step it down to 3.7 percent them from losing their homes and this President did not create this mess; of GDP almost the exact same trajec- being out on the street and not being he inherited it. He has been asked to tory as nondefense discretionary spend- able to feed their families, we provide clean it up. I am proud of the aggres- ing that we are taking from 4.7 percent unemployment benefits. That costs sive actions he has taken to try to get of GDP in 2010 down to 3.6 percent in money, and that is in the budget. us on a better course. 2014. So it is one thing to come out and Eight percent is for the census. We I yield the floor and suggest the ab- make a claim, it is another thing to only do the census once every 10 years, sence of a quorum. prove it. Everybody has a right to their but we have to pay for it. It is in the The PRESIDING OFFICER. The own opinion, but they don’t have a budget. Six percent is for natural re- clerk will call the roll. right to their own facts. sources and the environment. Three The assistant legislative clerk pro- These are the facts of the budget be- percent is for transportation, and 2 per- ceeded to call the roll. fore us. This is a tough and fiscally re- cent is for other items. Mr. CONRAD. Madam President, I sponsible budget that increases non- The overall context of this budget, I ask unanimous consent that the order defense discretionary spending, on av- want to make clear—the deficit, in dol- for the quorum call be rescinded. erage, by 2.5 percent a year. Measured lar terms, is being reduced from $1.7 The PRESIDING OFFICER. Without against the share of the economy, we trillion this year, and this year’s budg- objection, it is so ordered. are taking both defense spending and et is almost totally the responsibility Mr. CONRAD. Madam President, I nondefense discretionary spending of the previous President because he will take this moment to ask those down as a share of our national income set in place the policies that the new Senators who have motions to instruct to the lowest level it has been in many administration inherits. We stepped to please come to the floor. We have years. down the deficit, very dramatically, by had Senator JOHANNS offers his, and Madam President, where are the in- more than $500 billion from 2009 to 2010, Senator SESSIONS offer his. We have creases that are in this budget, the 2.5 by more than $300 billion from 2010 to other Senators—Senator ENSIGN, Sen- percent, on average, increase in non- 2011, by another $300 billion from 2011 ator CORNYN, Senator ALEXANDER, Sen- defense discretionary spending? I have to 2012, and then more modestly there- ator COBURN, Senator DEMINT, and already shown that we are taking both after, so that we are reducing the def- Senator VITTER. It would be very help- defense spending and nondefense spend- icit over the 5 years of this budget by ful if those Senators would come and ing down as a share of the national in- two-thirds. Measured as a share of the be prepared to offer their motions so come. But where are the increases, as gross domestic product—which, again, we do not unduly take the time of the modest as they are? economists say is the best way to Senate in quorum calls, especially on a In overall discretionary spending, the measure—the deficit is reduced by day in which we are going to have 9 or biggest increase is in defense, which is more than three-quarters, from 12.2 10 votes. We know we can only do 37 percent. Why? Because this Presi- percent of GDP to less than 3 percent about three votes an hour. That means dent and this budget were honest about of GDP in 2014. So over the 5 years, we three hours of voting when we get war spending, unlike the previous ad- are reducing the deficit by three-quar- started on voting. So it is already ministration, which played hide the ters. going to be a late night. It would be ball and acted as though the war One other point I want to make is very helpful and considerate to our col- wasn’t going to cost anything. that the previous administration—not leagues if those who have motions to I am not overstating because for sev- only did they more than double the instruct would come to the floor and eral years in a row the previous admin- debt and double spending, they tripled offer their motions. istration, even though we were at war, foreign holdings of U.S. debt. It took I yield the floor and suggest the ab- said the war in their budget was going 224 years and 42 Presidents to run up $1 sence of a quorum.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4646 CONGRESSIONAL RECORD — SENATE April 23, 2009 The PRESIDING OFFICER. The new loans a year. That is not a proper side the Department of Education to clerk will call the roll. function of the U.S. Department of get your student loan, all 15 million of The assistant legislative clerk pro- Education. you. There will be 4,400 institutions ceeded to call the roll. And third, the cost savings that is al- and 12 million students who may not Mr. GREGG. Madam President, I ask leged is—and I will be gentle in my like that. unanimous consent that the order for words—a trick on students to make Second point. Is a national bank a the quorum call be rescinded. Congressmen look good. good idea? We read in the paper that The PRESIDING OFFICER. Without What we are going to be doing if we the Government is going to take stocks objection, it is so ordered. do not preserve this choice is saying to in the biggest banks. So we are going Mr. GREGG. Madam President, I ask all the students who get a loan that we to nationalize the banks. Then we read unanimous consent that the next two are going to take money from them in the paper the Government is going speakers on our side to be recognized— and then give it to other students so to take stock in General Motors and and, of course, there be an alternative that Congressmen can go home and Chrysler—hopefully that is not true— speaker possibly from the Democratic brag that he or she has increased the so we are going to have the Govern- side—the next two speakers on our side amount of the Pell grants. Let me be ment deciding what kind of car we are are Senator VITTER for 10 minutes and specific in what I say. going to be making, what kind of then Senator ALEXANDER for 10 min- I was the U.S. Secretary of Education plants we will have, where the plants utes to talk about their motions to in- in 1991 and 1992 when we created some- are going to be. I cannot think of a struct. thing called the Direct Loan Program. worse organization to do that. The PRESIDING OFFICER. Without We have a federal student loan pro- This is a proposal to say: All right, objection, it is so ordered. gram. Most people who go to college now the Government is going to be Mr. GREGG. Madam President, I also are familiar with it. About two-thirds your bank. It is going to be the bank ask unanimous consent that after Sen- of the students at our 6,000 different in- for your student loans. We are going to ator ALEXANDER, Senator COBURN be stitutions from the University of New create a new national bank. It would recognized to talk about his motion to Hampshire to the Nashville Auto Die- have over a half trillion dollars in out- instruct. sel College to Harvard to San Fran- standing student loans. It would make The PRESIDING OFFICER. Without cisco State have a Federal grant or a 15 million student loans every year, $75 objection, it is so ordered. loan. When you get a student loan, you billion in loans a year. We will run all Mr. GREGG. I suggest the absence of take it to the institution of your this out of the U.S. Department of Edu- a quorum. choice. cation, a wonderful Department. I was The PRESIDING OFFICER. The We now have 2,000 lenders who help myself there for 2 years. But what do clerk will call the roll. provide all those different kinds of we know about being a national bank? The assistant legislative clerk pro- loans. They give financial aid coun- Not very much. Andrew Jackson would ceeded to call the roll. seling, they give interest rate deduc- Mr. ALEXANDER. Madam President, roll over in his grave about the idea of tions, they help students and families a national bank of this size. I ask unanimous consent that the order plan on how to pay for college. In other My final point. This proposal, with for the quorum call be rescinded. words, they service the loans and then all due respect, is a trick on students The PRESIDING OFFICER. Without the Government supports that by guar- to make Congressmen look good, and objection, it is so ordered. anteeing almost all of the loans. here is why. MOTION TO INSTRUCT We set up a separate program which Mr. ALEXANDER. Madam President, we called direct lending. That was, you The budget we originally got said we I wish to speak on behalf of a motion could come straight to the Government will take $94 billion in savings and we to instruct the conferees, which I have to get your loan. In other words, we will spend it on Pell grants. Let’s think here. Do I need to send this to the created a government bank run by the about that a minute. Common sense desk? Department of Education. We said to will tell you that the Department of Mr. GREGG. Not yet. the students and to the institutions: Education is not going to know more, Mr. ALEXANDER. I will speak on be- You make the choice. You may either is not going to be able to replace 2,000 half of it and send it at the appropriate have a private student loan guaranteed lenders at a cheaper cost. That simply time. by the Government through your local is not going to work. That is what This should be a relatively easy mo- bank or financial institution, or you common sense would tell you. tion for our colleagues to support be- may come to the U.S. Department of The Congressional Budget Office has cause it simply instructs the conferees Education to get your loan. told us that in order for the Depart- to support a position that the entire We have had more than 15 years of ment of Education to administer these Senate adopted unanimously. That pro- experience with that now, and what loans, it would cost about $28 billion vision during our budget debate was to have the students and institutions over the next 10 years. That is the com- accept the position of maintaining a said? Three out of four say we like the putation I have made. They estimate competitive student loan program that regular student loan program, we like that the cost of administering the cur- provides students and institutions of the choice, we like the private lender. rent Direct Loan Program is about $700 higher education with a comprehensive Since we are getting the loan, we like million a year. So if they did them all, choice of loan products and services. the idea of going to a bank to get a that would be at least $2.8 billion a I ask the Chair if she will let me loan because that is what banks do. If year. know when I have 2 minutes remain- you want a car, you go to a car dealer. Conservatively speaking, you don’t ing. That may be changing. You may have have $94 billion in savings; you have 94 The PRESIDING OFFICER. The Sen- to go to the Department of Treasury to minus 28. So you have around 66. So ator will be notified. get a loan the way the country is you have $66 billion that goes some- Mr. ALEXANDER. I thank the Chair. going. For 15, 16 years we market test- where out to banks, maybe to reduce Madam President, there are three ed this and so we have that direct loan loans, maybe to reduce interest rates, reasons in support of maintaining a program. maybe to administer the loan program. competitive student loan system. The The situation right now is we have 12 But the bottom line is, if the Govern- first is that 12 million students rely on million students at 4,400 different insti- ment takes this program over, it is it today in New Hampshire, in Ten- tutions getting $52 billion in loans by going to be borrowing money at one- nessee, in North Dakota—all across our their choice from banks instead of from half of 1 percent and loaning it out to country. the Government. One-fourth get it 15 million students at 6.8 percent. Bor- Second is that now is not the time to from the Government. It has been that rowing at one-half of 1 percent and be creating a new half-trillion-dollar way for a long time. loaning it out at 6.8. On every student national bank that would run up the What the President’s proposal wants loan—and I hope all 15 million students debt, a bank that would replace 2,000 to do is to take all those choices away listen to this—your friendly Govern- private lenders, and make $75 billion in from the students and say: Line up out- ment is going to take back 6.5 percent

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4647 of the 6.8 percent interest you are pay- lion students and saying: I am going to Mr. VITTER. Madam President, a few ing. What is it going to do? The Con- borrow money at a quarter of 1 percent weeks ago, when we debated the budget gressman or Congresswoman can go and loan it to you at 6.8, and then I am here on floor of the Senate, I passed home to Tennessee or wherever and going to take credit for giving the rest language contained in section 202(a) of say: I increased Pell grants. But they of it away. I think that will come home that budget resolution. This motion to won’t tell you: I took money from this to roost, and it ought to come home to instruct conferees is very simple. It student to give it to that student. That roost. says that we will fight to keep that is not the way to do it. I appreciate the opportunity to make language in the final budget resolution. What we should do, if that spread is this motion to instruct, and I hope it What does that language do? Well, it too high right now, is let’s cut it will come to a vote. I hope it has the is very simple. It says that this budget down— kind of bipartisan support it had be- legislation ‘‘ . . . would not increase The PRESIDING OFFICER. The Sen- fore. I hope the President will think of the cost of producing energy from do- ator has 2 minutes remaining. all the other things there are to do mestic sources, including oil and gas Mr. ALEXANDER.—if the savings is that need attention, such as fixing the from the Outer Continental Shelf or estimated at $90 billion. We know it is banks, getting credit flowing, restoring other areas; would not increase the closer to 60. Maybe it is 20, maybe it is the auto companies, and leave the stu- cost of energy for American families; 30, maybe it is 35. Maybe we should dent loan system to continue to work would not increase the cost of energy lower the interest rate to 3 or 4 percent in the way it should work. for domestic manufacturers, farmers, or 5 percent or whatever is the appro- The PRESIDING OFFICER. The Sen- fishermen, or other domestic indus- priate rate. But that does not justify ator from New Hampshire. tries; and would not enhance foreign creating a national bank in the Depart- Mr. GREGG. If the Senator will competitiveness against U.S. busi- ment of Education to try to handle 15 yield, I would suggest that he send his nesses.’’ million loans. motion to the desk at this time and set That is a pretty simple, straight- So my argument, Madam President, aside the pending motion. forward plea, and it is one we should is this: There are colleagues on both Mr. ALEXANDER. Madam President, keep in this budget resolution—fight sides of the aisle—and there are a num- I send to the desk my motion to in- and demand to retain that language in ber of Democrats—who strongly sup- struct conferees. our budget. That is why I ask all my port the idea of competition and choice The PRESIDING OFFICER. Without colleagues to join me in supporting in higher education. That is why we objection, the pending motion is set this motion to instruct. have the best higher education system aside. The clerk will report the motion At a gut level, this is very simple. in the world. We have competition and to instruct. New taxes kill jobs. New taxes kill choice all the way through it. The The assistant legislative clerk read jobs. According to a preliminary esti- grants and the loans don’t go to col- as follows: mate based on the Center for American leges; they go to the students, and the The Senator from Tennessee [Mr. ALEX- Progress data, 271,000 oil and gas jobs students choose the college. They can ANDER] moves that the managers on the part would be destroyed by the administra- go to Nashville Auto Diesel College if of the Senate at the conference on the dis- tion’s proposed new taxes and fees on they want or they can go to Harvard; it agreeing votes of the two Houses on the con- energy. That would be a bad idea, in follows them to the school of their current resolution S. Con. Res. 13 (the cur- my opinion, at any time. But now, as choice. They ought to be able to go to rent resolution on the budget for fiscal year we are in the midst of a horrible reces- 2010) be instructed to insist that the final the lending institution of their choice conference report include the Senate posi- sion, which is still getting worse, it is and not line up outside of the Depart- tion maintaining a competitive student loan a horrendous idea. Now is not the time ment of Education to get 15 million program that provides students and institu- to impose these new taxes on the econ- loans every year. That is not right. It tions of higher education with a comprehen- omy, including the oil and gas indus- is not the way our country ought to sive choice of loan products and services, as try. New taxes would hurt workers by work. So the first is to preserve choice contained in section 203 of S. Con. Res. 13, as extending the recession and by depress- for the 15 million students who now passed by the Senate. ing job creation just as, hopefully, an have it at 4,400 institutions. The PRESIDING OFFICER. The Sen- economic recovery in the next several The second reason is, let’s not be cre- ator from Louisiana. months starts to gain a foothold. ating another nationalized asset in MOTION TO INSTRUCT The oil and gas industry is signifi- America. We need to be thinking of Mr. VITTER. Madam President, I ask cant to our economy and employs more ways of getting the Government out of unanimous consent that the pending than 6 million fellow Americans. At- the private sector. I mean, this reces- motion be set aside and that my mo- tacking that industry in the midst of a sion is not for the purpose of the Gov- tion be sent to the desk. horrible recession is attacking those 6 ernment taking over every auto com- The PRESIDING OFFICER. Without million of our fellow citizens. Right pany, every bank, all the student objection, it is so ordered. The clerk now, they feed their families, put a loans, and every business that is in will report. roof over their kids’ heads because of trouble. We need to be thinking of The assistant legislative clerk read good, solid jobs in the energy sector ways of going the other direction. That as follows: producing good, affordable energy for is the America we know. That is the The Senator from Louisiana [Mr. VITTER] Americans. These proposed taxes would America we want. So we don’t need a moves that the managers on the part of the kill those jobs in the midst of a hor- new national bank. Senate at the conference on the disagreeing rible recession. Arne Duncan is the new Secretary of votes of the two Houses on the concurrent This is not brain surgery. We know Education. I think he is the President’s resolution S. Con. Res. 13 (the concurrent from history, from practice, that high- best appointee. He ought to be working resolution on the budget for fiscal year 2010) er taxes in this sector result directly in on paying teachers more for teaching be instructed to insist that if the final con- less domestic energy, and restrained ference report includes any reserve funds in- well, creating more charter schools, volving energy and the environment, that supplies lead to higher energy costs for helping states create higher standards. such sections shall include the requirements consumers too. So in today’s economy, That is his agenda. I don’t think he included in section 202 (a) of the Senate- that would stifle recovery and make came from Chicago to Washington to passed resolution to require that such legis- Americans more dependent on foreign be named banker of the year, which is lation would not increase the cost of pro- oil and natural gas. what he would be doing if he became a ducing energy from domestic sources, includ- New taxes will make it more expen- national bank president for student ing oil and gas from the Outer Continental sive for oil and natural gas companies loans. That is what this proposal would Shelf or other areas; would not increase the to expand or initiate new exploration cost of energy for American families; would do unless the Senate sticks to its posi- not increase the cost of energy for domestic and development programs, and that tion. manufacturers, farmers, fishermen, or other would mean fewer jobs for American Finally, I don’t want to be a part of domestic industries; and would not enhance workers. any situation which has Congressmen foreign competitiveness against U.S. busi- New taxes hurt businesses, threaten and Senators playing a trick on 15 mil- nesses. jobs, and they are then passed on to

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4648 CONGRESSIONAL RECORD — SENATE April 23, 2009 consumers as higher prices. And higher the American people what they are Here is the question. Is it moral to taxes are a burden felt throughout the worried about, they are worried about waste $300 billion and that $300 billion economy. They discourage business ex- their jobs, they are worried about their come out of lost opportunity of our pansion, investment, and job creation. health care, but they are also worried children? Is this a moral position the Again, this is a very simple, basic, that we are spending their children Senate wants to stand on? Does the but important notion. This is no time into oblivion. And they are right—we Congress want to stand on that? Can to increase taxes on domestic energy are. our country ultimately survive, if we production. This is no time to stifle One of the great things about Presi- keep doing what we are doing? The an- what will hopefully soon become the dent Obama’s promises was that he swer to that is emphatically no, we beginnings of a recovery. In terms of said he recognized we have waste in the cannot. Every republic in the history our energy picture, this is no time to Federal Government. He recognized we of mankind has died under fiscal col- lessen domestic production when we have duplication in the Federal Gov- lapse. They have not been invaded from should be moving in the opposite direc- ernment. He recognized we have pro- outside until they rotted from within. tion and increasing domestic produc- grams that aren’t working in the Fed- This is a straightforward commit- tion and independence from foreign eral Government. And the commitment ment by the Senate and the Congress, sources. All of these energy tax pro- he made—and he has made three times through the budget, to meet President posals would do exactly that. since being sworn in as President—is to Obama’s request that what he is going Let’s be clear about it. These pro- do a line-by-line evaluation of every to do we are going to do, and we are posals have been made. They are there Federal program out there, to check it going to weed out a large portion of the in black and white. They are concrete. for waste, No. 1; No. 2, to check to see ineffectiveness, of the duplication, and They are real proposals from the if it is duplicative of something else, of the waste that is in our Government Obama administration and some lib- which a third of them are; and No. 3 is, and our grandkids’ Government. There eral Members of Congress, and they fall does it have any metrics on it and is it is no reason for us to have anything into two big categories: No. 1, a very being defrauded? other than a unanimous vote on this aggressive, ambitious cap-and-trade The fact is, it is now common knowl- motion to instruct. program, which is a tax on so many edge that at least $300 billion a year— If you do not think we should be forms of energy and activity in our at least $300 billion a year—is either doing that, you do not belong in the country; and No. 2, direct tax increase wasted, defrauded, or duplicated in the Senate. If you do not think we have a proposals on domestic oil and gas pro- Federal Government. The real problem constitutional obligation to evaluate duction. I don’t believe any time is a is that even though we now have a where we are spending the money, get good time to push that policy, but I President who wants to attack that, rid of the waste and go line by line would hope we can all agree that now, Congress hasn’t been willing to do it. through all these programs, we need in the midst of a severe recession, We have not been willing to keep our some other people up here. That is be- which unfortunately is still getting side of the bargain in terms of over- cause right now our Republic is in jeop- worse, is really not the time to in- sight and evaluation. ardy. It is not from terrorism. It is crease taxes on the domestic energy It strikes me that if all the money we from our own potential fiscal collapse. sector. It will cost us jobs, it will stifle are borrowing to run the Government The time to attack that is now. a recovery, it will increase costs on today was really our money, none of us It is my hope the Senate will send a consumers, and it will hurt American would ever allow what is going on in huge vote on this motion that we mean businesses and consumers. the Federal Government. None of us business, we are going to join hands Madam President, let’s all join in would. None of us would allow the du- with President Obama, and we are support of this language in the Senate plication. going to fix most of what is wrong, in version of the budget resolution. In our We had a hearing yesterday in Sen- terms of these programs. previous debate of a few weeks ago, it ator CARPER’s Federal Financial Man- I yield the floor and suggest the ab- was adopted by unanimous consent. agement Subcommittee on the waste sence of a quorum. Let’s make sure it is fought for and and fraud in Medicare and Medicaid. It I withdraw that. I see Senator preserved in the final version of the went up to $74 billion—$74 billion, and DEMINT is here. budget resolution. we are not doing anything about it? The PRESIDING OFFICER. The Sen- With that, I yield the floor. Total improper payments. We only ator from South Carolina is recognized. The PRESIDING OFFICER. The Sen- have improper payments in about MOTION TO INSTRUCT CONFEREES ator from Oklahoma. three-quarters of the Federal Govern- Mr. DEMINT. I send a motion to the MOTION TO INSTRUCT ment even though it is a mandated law desk. Mr. COBURN. Madam President, I that they have to supply it. But they The PRESIDING OFFICER. Without ask unanimous consent that the pend- can’t measure it because they don’t objection, the clerk will report. ing motion be set aside, and I offer a know what they are paying for. The assistant legislative clerk read motion to instruct the budget con- The fact is, we know we have big as follows: ferees. problems. We have a fraud bill in front The Senator from South Carolina [Mr. The PRESIDING OFFICER. Without of us that we haven’t finished working DEMINT] moves that the managers on the objection, it is so ordered. The clerk on that is to go after fraud. Well, the part of the Senate at the conference on the disagreeing votes of the two Houses on the will report. biggest fraud is right here. The biggest waste is right here. So the point ought concurrent resolution S. Con. Res. 13 (the The assistant legislative clerk read concurrent resolution on the budget for fis- as follows: to be, as we go into a conference on the cal year 2010) be instructed to insist that the The Senator from Oklahoma [Mr. COBURN] budget, that we ought to commit to conference report on the concurrent resolu- moves that the managers on the part of the the American people that we are will- tion shall include a point of order against Senate at the conference on the disagreeing ing to do what they are having to do legislation that eliminates the ability of votes of the two Houses on the concurrent right now; that we are going to look at Americans to keep their health plan and resolution S. Con. Res. 13 (the concurrent where things aren’t working, we ought eliminates the ability of Americans to resolution on the budget for fiscal year 2010) to look at where things are wasted, we choose their doctor, as contained in section be instructed to insist that Conference Re- ought to look at things we are not 316 of the concurrent resolution, as passed by port include a reserve fund that promotes the Senate, and insist further that an addi- legislation that achieves savings by going measuring and start measuring them, tional condition be added providing such leg- through the Federal Budget line by line, as and the things that are not effective, islation shall not decrease the number of President Obama has called for, to eliminate we should get rid of. That is all this Americans enrolled in private health insur- wasteful, inefficient, and duplicative spend- says. It just says we will go line by line ance, while increasing the number of Ameri- ing, as set forth in Section 224 of S. Con. Res through every Federal program; that cans enrolled in government-managed, ra- 13. we will have oversight at least once a tioned health care. Mr. COBURN. Madam President, this year on everything that is out there, Mr. DEMINT. Madam President, we was accepted during our debate. The and we will make a dent in this $300 are here to talk about the budget. Ob- reason I bring it back is that if you ask billion-plus. viously there are a number of different

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4649 things in the budget of concern and better, lose weight—are able to save better health insurance, and probably a some controversy. I appreciate the op- their employees money and to make lot better health. portunity to speak on this motion them healthier and to reduce the cost What we are doing every day is slid- which addresses a particular part of of the health care for the company and ing closer to a national or socialized the budget related to health care. Dur- for the employees. health care system, saying the system ing the campaign the President prom- There are a lot of demonstrations we have does not work when the fact is ised that any changes in health care like this around the country that show we have done about everything we can would protect the patient’s right to private health insurance can work. to make it impossible for a free system pick their plan, their doctor, and to Freedom can work if we let it. to work. We do have serious problems keep the plan they have if they want The President of Safeway asked us to and challenges in our health care sys- it. My motion simply codifies that, in a make some changes that would give tem but almost all of them are made sense, we make sure we keep the prom- them more flexibility to offer even worse by the people who work in this ise. more incentives for people to cut their place everyday. In the budget there is a downpay- own cost of health care by changing The question now is whether more ment which has been referred to of, I their behaviors. This is something we Government will make those problems think, around $700 billion on some mas- should all want. Instead of moving im- better or worse. I think to ask that sive changes in health care. My con- mediately to some massive new Fed- question answers it on its face. We cern is this could mean an expansion of eral plan, let’s look at what we can do know the free market did not create Government plans rather than making to let the free market system work, these problems because there is no free private health insurance more avail- where patients and doctors and em- market for health care in the United able to patients. We do not need to just ployers and associations can work to- States today. Government dominates speak of the public interest when we gether to make private health insur- the market. It does not pay its fair are talking about health care; it is im- ance work. share. It regulates everything to the portant that we talk about the pa- There are a lot of things we do here point where it makes it very difficult tient’s interests. I think most of us that make it harder. I will list a few. for the private market to work. agree that when the patients can work Small businesses could do the same Let’s not give up on freedom and go directly with their doctors, choose thing as Safeway if we allowed them to to socialism here in America before we have tried to fix the simple things that their own doctors, choose their own work together in associations to buy are obvious, in front of us, the things health plans, the Nation is better off. their health insurance and to provide There is an old saying that success these incentives for better health and that companies such as Safeway say we has many fathers while failure is an or- better access to health care. But, yet, can do to provide better insurance and phan. Our health care failures have a we have consistently voted against al- make people healthier and lower their father. In most cases it is the Govern- lowing this to happen. Why will we not cost and give them plans they can ment. See, our policies make it hard let that happen? Why will we not let keep. No matter what the problem is in for individuals to have a health insur- individuals deduct the cost of their Washington, people here seem to think ance plan they can afford and own and health insurance, like we do employ- the solution is more Government. But keep. One part of that is the Govern- ers? It is almost as though we do not we do not need a new Federal program want individuals to have health insur- ment today pays for over half of the for health care. We need to remove the ance. Then we throw up our hands and health care in America through Medi- Federal barriers that keep freedom talk about how many people are unin- care, Medicaid, children’s health pro- from working in health care. grams, and veterans health programs. sured in our country. We have taken over banks, auto in- Health insurance would work much But, unfortunately, when they pay doc- dustry, mortgage lending, education, tors in hospitals they often pay below better if it were portable. We could transportation system. Look at the cost. change some of our laws and regula- areas the Government is running today In fact, it has been estimated that tions to make it much easier for people and ask yourself, do you want to run Government payment causes private who have insurance with one company health care the way we have been run- health insurance to be 20 percent to 30 to take it with them when they leave ning education in America; as we have percent more expensive than it would to go to another company or to start been running the financial markets for be if everyone paid their fair share of their own business. Yet we refuse to do the last few months; or how we are the cost. So the Government at the be- those things that would allow the mar- doing with the auto industry now that ginning is a big part of the problem of ket to work. we have essentially taken it over? making health insurance too expensive Right now in this country, individ- Health care is the best in the world for individuals. uals can only buy health care or health here in America because of that small A number of us had the opportunity insurance from companies that are in segment of the private market, the free this week to hear from the President their State, that are certified in their market, that is working—the best and CEO of Safeway Supermarkets. State. Why not let people buy health pharmaceuticals, the best technology, They have over 200,000 employees. He insurance from any State in the coun- the best private health care. was going through a lot of the statis- try as we do with other services? Why Socialism does not work. There is tics about their health plan and how restrict it to a one-State monopoly, not an example in the world where it they have been able to keep the cost of where regulations or mandates or other does. We keep hearing here, why don’t health care level for the last 4 years. things could shoot up the cost of we be more like Europe or more like They have done a lot of things not only health care? We could create a more Canada, where people have to wait 6 to make health insurance and health competitive, higher quality health in- months or more to get an MRI. The care more accessible, they have done a surance market if we let it become na- only reason theirs works as well as it lot of things to make their employees tional market. does is they are the beneficiary of a lot healthier. You see, they use a lot of in- We do other things that seem absurd, of American technology that is devel- centives, recognizing that 70 percent of such as we will allow a small employer oped in the free market system. They our health problems as Americans are to put money in a health savings ac- are the beneficiaries of a lot of the pre- caused by our own behavior—whether count for their employees but we will scription drugs that come out of our it be smoking or overweight or poor not let that employee use the money in country that are developed here be- diets. It is pretty obvious through the the health savings account to pay for a cause there is still a free market. This statistics that people have a lot of con- health insurance premium. Why do we is a reason that the technology and the trol over how healthy they are and do that? If we want people to have prescriptions are not being developed therefore how much they have to spend health insurance, to have the freedom in other countries that are socialistic. on health care. to buy and own their own health insur- Freedom works and we need to expand Safeway, through a lot of incentives ance, we would do these simple things it here in America. that discourage smoking and encour- that put the patient more in charge. Let me talk briefly about this mo- age people to get in better shape—eat They would have better health care, tion to instruct conferees. Hopefully it

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4650 CONGRESSIONAL RECORD — SENATE April 23, 2009 will not be controversial because it is Mr. GREGG. Mr. President, as we the history of our Nation, each genera- essentially a promise from the Presi- have discussed earlier at some length, tion has passed on to the next genera- dent of the United States. My amend- there are three essential problems with tion a better nation, a stronger nation, ment would require a supermajority the President’s budget. The first is a more prosperous nation. Yet this vote to consider any legislation in the that it spends too much, the second is budget locks in place a path that abso- future that would take away people’s it taxes too much, and the third is it lutely guarantees, absolutely guaran- freedom to keep their own health plan creates too much debt. It is the third tees, that our generation will pass onto or take away people’s freedom to issue I think many of us find to be the our children a country that is not as choose their own doctor or decrease the most severely distressing issue. prosperous, is not as strong as what we number of people with private insur- Of course, it is driven by the first two received from our parents. ance while increasing the number of issues. But the idea that we are going That is not right, not fair, inappro- people in Government-rationed health to double the debt in 5 years, triple it priate. It is a totally inappropriate care programs. All my amendment says in 10 years; we are going to have, on thing to do. It can be corrected. It is is give freedom a chance. The Amer- average, a $1 trillion deficit every year not as if this is not an uncorrectable ican people have not given up on free- for the next 10 years, and that we are event. There has been a decision made dom and neither should their elected going to build up the national debt to on the other side of the aisle and by officials. a point where it is 80 percent of the the President in bringing forward this I thank the ranking member, I thank gross national product, the public debt budget to significantly explode the size the Presiding Officer, and ask for the is disturbing. It basically is on an of the Government. That is a conscious consideration of my motion. unsustainable path. It means our Na- decision that was made. The President I yield the floor. tion will be put at risk by that type of is very forthright about this. He thinks The PRESIDING OFFICER (Mr. debt. that is a way to create prosperity. It BEGICH). The Senator from New Hamp- Now, the Congress is not doing a very does not happen if at the same time shire. good job of disciplining itself. This you are running up the national debt at Mr. GREGG. For the information of problem is driven primarily by spend- rates which are unsustainable. our colleagues, we have three more ing. But the fact is, the result of that The debt, the public debt will double speakers on our side who will take 10 spending is this explosion in debt. during the term of this budget—double minutes each, offering motions to in- As I have held up before this chart from 40 percent to 80 percent. We have struct. There may be other speakers that shows the picture of the Presi- the public debt so high under this but I do not know of them. I hope we dents since the beginning of our Na- budget, or the President and the Demo- can sort of start voting here, depending tion, President Washington through cratic Members of this Senate and the on what the chairman desires to do, at President George W. Bush, they gen- House have it so high under this budget some point in the near future. erated this much debt on this country, that if we tried to apply it to the Euro- The PRESIDING OFFICER. The Sen- $5.8 trillion. pean Union as a country in Europe, for ator from North Dakota is recognized. President Obama’s budget just in the example, we would be rejected because, Mr. CONRAD. Mr. President, I would first 4.5 years essentially is going to under the terms of the European be eager to do that. I think what we double that debt. All the debt added to Union, a country cannot have as high a need to do is have other Members come the United States, to the backs of debt as we are going to have after this and offer their motions to instruct and American citizens since 1776, or actu- budget runs its course. see what time is needed in terms of re- ally 1789 when the Government started Actually, it is about the middle of buttal on that. It would be our inten- creating debt, over 200 years, all of the budget that we hit that threshold. tion to—if you have three more on that debt is doubled now in just 5 Can you believe that? Countries such your side, 10 minutes each, so we will years. as France are going to be more fiscally probably need 30 minutes on the other That is not tolerable. Then that debt, responsible than we are. But that is the side. I don’t want to lock this in at the after doubling in 5 years, triples in 10 truth. That is the way this budget moment because I have not talked to years. Our children end up with this plays out. As I say, this is a path over leadership and I do not know if there debt. Our children are the ones who a cliff for our Nation. are other considerations, but the inten- have to pay for this. The people who I have offered this motion to in- tion would be to begin voting about 7 will be working in America are the struct. I call it the 1789 motion because o’clock. Perhaps we can move that up. ones who are going to have to pay for that is the date when we started run- Perhaps I will not need all of that this and bear the burden of this debt. ning up debt in this country. In es- time. Hopefully not. They are going to suffer either massive sence, it says this: We cannot pass a Mr. GREGG. We may not need all of inflation, massive devaluation of the budget here in this 5-, 10-year cycle the time on our side either. dollar, massive tax increases or a dra- that adds more debt to the backs of our Mr. CONRAD. We need to check with matic disruption in our capacity to sell children than the total debt that was the leadership to see when votes can debt as a nation because of this. added to this country from 1789 start, but it would be our intention, The chairman of the committee has through January 20, 2009. perhaps in the 6:45 to 7 o’clock time- said this is an unsustainable path. Yet I think that is a fairly reasonable frame, to begin voting, perhaps even a nothing in this budget addresses the standard. We are going to say you can- little bit before that. We will have to fact that this path is one we have cho- not exceed the amount of debt that is check with the leadership. sen to follow. It is akin to saying: We being added by this budget—that MOTION TO INSTRUCT know we are going to go off a cliff. We amount of debt cannot exceed the Mr. GREGG. Mr. President, I send a are on a path that takes us off a cliff, amount of debt that has been added to motion to instruct to the desk. but the budget does nothing to change this country since our beginning, 230- The PRESIDING OFFICER. Without the direction we are walking and, in some-odd years. objection, the clerk will report. fact, accelerates our pace toward that We have to have some standard to The bill clerk read as follows: cliff. live by. That seems like a reasonable The Senator from New Hampshire [Mr. That makes no sense at all to me. one, that in 5 or 10 years we do not GREGG] moves that the managers on the part Why would we pass a budget which we take the debt up so quickly and so of the Senate at the conference on the dis- know will create so much debt and so horrifically that we actually exceed all agreeing votes of the two Houses on the con- much of a burden on our children that the debt put on the backs of the Amer- current resolution S. Con. Res. 13 (the con- our Government will not be able to be ican people since the beginning of our current resolution on the budget for fiscal sustained and our children will not be Nation, from 1789 through January 20, year 2010) be instructed to insist that the final conference report limit the increase in able to afford the Government. 2009. the public debt for the period of 2009 through It is counterintuitive to do some- This standard, if it is passed, will be 2019 to an amount no greater than the thing that is certainly not correct. One a standard that will be enforced under amount of public debt accumulated from 1789 generation has sort of a fiduciary re- the budget. The effect of it will be that to January 20, 2009. sponsibility to the next generation. In we will have to figure out some way to

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If it is the desire of this adminis- bipartisan support on anything—ap- budget to increase taxes on the engine tration to radically expand the size of proved this point of order which I of- of job creation known as small busi- Government, as it appears to be the de- fered as an amendment to the budget. ness. sire of this administration to take The Senate voted so overwhelmingly The Senate made its voice clear when spending in this Government up to as- for this amendment—and I suggest it a bipartisan majority supported my tronomical levels in the context of our would be appropriate to vote for this point of order as an amendment to the historical spending at the Federal Gov- motion to instruct in at least the same budget in the Senate. I ask my col- ernment, to go from 20 percent of GDP numbers—because the Senate should leagues once again to reaffirm their up to 25, 26 percent of GDP, if that is not pass a budget that increases in- support in the same bipartisan fashion the purpose of this administration, and come taxes on small businesses in by joining with me in supporting this it appears to be their purpose, it is Texas or Alaska or anywhere else, es- motion to instruct conferees not to their purpose, it is what they said they pecially during a time when the econ- raise taxes on small businesses, the pri- are going to do in this bill, in this omy is struggling and when our No. 1 mary job engine in the country. budget, well, then they cannot do it by priority is to help employers retain I yield the floor. passing those bills on to the next gen- employment for their current employ- The PRESIDING OFFICER. The Sen- eration and creating this massive debt. ees and, hopefully, at some point begin ator from New Hampshire. They have to come up with some to increase the number of jobs avail- Mr. GREGG. Mr. President, we are other way to do it. My suggestion able to Americans. going to start voting shortly. I ask would be that they do not spend that Almost 400,000 businesses in Texas unanimous consent that the votes be in much money. That would be the sug- that employ around 4 million people the order as listed in the original unan- gestion from our side of the aisle. But would be especially hit by a failure to imous consent request under which we maybe from the other side of the aisle pass this motion to instruct and by any are functioning, which would be Sen- is that they raise taxes radically on all increase in income taxes on small busi- ators STABENOW, JOHANNS, GREGG, SES- working Americans, which they do nesses. For example, earlier when I SIONS, ENSIGN, CORNYN, ALEXANDER, anyway in this bill, but they would spoke on the budget resolution, I men- COBURN, DEMINT, and VITTER. have to raise money in any event. We tioned Don Thedford, a small business- The PRESIDING OFFICER. Without should not put the burden on our chil- man in Tyler, in east Texas, and how objection, it is so ordered. dren by creating all this additional he told me he has been able to grow his Mr. GREGG. As I understand from debt. small business in part because of the the chairman—and certainly it is our This is a simply fairly reasonable tax relief we provided in 2001 and 2003. sentiment—we can pretty much begin test as to how much debt this budget It is common sense and certainly intu- voting whenever anybody is ready. should be able to run up on our people. itive that taxes can have an impact on Mr. CONRAD. I am told by leadership It should be less debt in 5 years than the ability of a business to expand or, staff we have a problem voting before 7 has been run up on the American peo- when taxes are unnecessarily high, in terms of getting some Members ple in over 200 years. cause it to contract. here. I suggest the absence of a quorum. Another businessman in east Texas, Mr. GREGG. I ask unanimous con- The PRESIDING OFFICER. The Cory Miller from Winnesboro, tells a sent that the time between now and 7 clerk will call the roll. similar story. Through one business be equally divided between the two par- The bill clerk proceeded to call the that Cory has, he drills and services ties under the leadership of myself and roll. water wells. Of course, in the process, Senator CONRAD, and that should Sen- Mr. CORNYN. I ask unanimous con- he gives families and communities ac- ator ENSIGN be here, he has the last sent that the order for the quorum call cess to fresh water. In his business, he motion to instruct which we need to be rescinded. manufactures a type of pump he in- discuss. So he gets 10 minutes from our The PRESIDING OFFICER. Without vented, one which he now sells to other side or such time as he may desire from objection, it is so ordered. well drillers and drilling rig manufac- our side that is still remaining. MOTION TO INSTRUCT turers. He has been in this business for The PRESIDING OFFICER. Without Mr. CORNYN. Mr. President, I ask 25 years and now employs 35 people. objection, it is so ordered. unanimous consent that the pending Cory, like Don, believes the tax relief Mr. CONRAD. Mr. President, let me motion be set aside, and I send to the we passed in 2001 and 2003 created the observe that we have a chance to han- desk another motion for which I ask its kind of positive, progrowth environ- dle a number of these motions by voice immediate consideration. ment which allowed him to grow his vote. There are a number of them we The PRESIDING OFFICER. Without business and that higher taxes in the could support, we could accept. Sen- objection, it is so ordered. middle of a recession will force him to ator GREGG will be talking to those The clerk will report. make tough decisions and possibly lay Members who have motions to instruct The bill clerk read as follows: off employees. that we could accept. I ask them to The Senator from Texas [Mr. CORNYN] Higher taxes for people such as Don carefully consider that offer. We have moves that the managers on the part of the and Cory will mean they will not be stacked up 10 potential votes. We can Senate at the conference on the disagreeing able to reinvest more money in their do three votes an hour. That would be votes of the two Houses on the concurrent businesses to purchase equipment or to three hours of voting starting at 7. resolution S. Con. Res. 13 (the concurrent That would take us until 10 tonight. resolution on the budget for fiscal year 2010) hire more people because they will be instructed to insist on the inclusion in have to pay Uncle Sam higher taxes in- Frankly, as I count them, we have six the final conference report of the point of stead. As Cory put it: of these motions that we could accept, order against legislation that raises Federal Every dollar taken from an aggressive, shortening the time for voting by 2 income tax rates on small businesses as con- growth-oriented small businessman like my- hours. That would mean we could be tained in section 307 of the concurrent reso- self is a dollar that will not be used to ex- done by roughly 8. It is dependent on lution, as passed by the Senate. pand my business or hire new employees. Senators being willing to take voice Mr. CORNYN. Mr. President, my mo- We all know if small businesses are votes or being willing to have their mo- tion instructs Senate conferees to in- hit by higher taxes such as those pro- tions accepted on a unanimous consent clude section 307, which is included in posed in the administration’s budget, it basis. the Senate-passed budget resolution, in will cause them to contract. We also I make that plea to Senators. We the final conference report. As the dis- know that small businesses are the ve- could do it the way that gets us fin- tinguished chairman of the Budget hicle that has produced most of the ished with our business in a reasonable Committee knows, this creates a 60- new jobs over the last decade. Given way by 8 or we could go until 10. vote point of order against any legisla- that President Obama and his adminis- The other thing I want to add is, this tion that raises income taxes on small tration have said their primary objec- will not affect how these motions do in businesses. The Senate, in a bipartisan tive in dealing with the economy is job conference. If somebody has that in

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It would exclude motion to the desk on behalf of Sen- One of those amendments that was that protection that was included in ator JOHANNS and ask that it be re- adopted was one that was sponsored by my amendment to the budget resolu- ported. me. That amendment specified that cli- tion. The PRESIDING OFFICER. The mate change legislation could not in- So I ask my colleagues in the Senate clerk will report. crease electricity or gasoline prices. It to defeat the Stabenow motion. The The legislative clerk read as follows: was adopted by the Senate by a vote of Johanns motion, on the other hand, to The Senator from Nebraska [Mr. JOHANNS] 89 to 8. instruct the conferees not to use rec- moves that the managers on the part of the What Senator STABENOW’s motion onciliation to accomplish climate Senate at the conference on the disagreeing would do if it were agreed to is it would change legislation is a good motion. I votes of the two Houses on the concurrent instruct that it would be the Senate’s hope the Senate will vote to adopt it. resolution S. Con. Res. 13 (the current reso- only specific instruction on what lution on the budget for fiscal year 2010) be That was also one that was adopted by should be included in the final budget a fairly large margin when it was voted instructed to insist that if the conference re- on climate change legislation, apart port includes a Deficit Neutral Reserve Fund on during the debate on the budget a to Invest in Clean Energy and Preserve the from the reconciliation limitations couple weeks ago. that would be included. So, in other Environment and Climate Change Legisla- But let me restate as clearly as I can, tion similar to section 202 of S. Con. Res. 13, words, other protections, such as those as passed by the Senate, then that Deficit included by my amendment, could be if the Stabenow motion is adopted by Neutral Reserve Fund shall also include the excluded were the conferees to adhere the Senate today, it would instruct the language contained in section 202(c) of S. to the instructions in her motion. conferees in a number of areas with re- Con. Res. 13, as passed by the Senate, which The bottom line is, Senator gard to cap-and-trade legislation, many provides that the Chairman of the Senate STABENOW’s motion to instruct would of which sound good: invest in clean Budget Committee may not revise alloca- encourage conferees to drop the com- energy technology initiatives, decrease tions for legislation if that legislation is re- monsense protections adopted by the greenhouse gas emissions, create new ported from any committee pursuant to sec- jobs in a clean technology economy, tion 310 of the Congressional Budget Act of Senate with a vote of 89 to 8 when it 1974. adopted my amendment to the budget strengthen the manufacturing competi- tiveness of the United States, and I MOTION TO INSTRUCT resolution. Just, again, by way of background, I could go on. There are nine of them Mr. GREGG. I send a motion to the that are stipulated here. The one that desk on behalf of Senator ENSIGN and do not think there is anybody who would argue the point that a cap-and- is conspicuously and noticeably absent ask that it be reported. is the protection against higher prices The PRESIDING OFFICER. The trade proposal is going to raise energy for consumers in the form of higher clerk will report. prices. This motion does nothing to in- gasoline prices and higher electric The legislative clerk read as follows: clude protection against those higher prices. rates. The Senator from Nevada [Mr. ENSIGN] moves that the managers on the part of the Under the President’s cap-and-trade So it was an amendment adopted by Senate at the conference on the disagreeing proposal that was contained in his the Senate by a vote of 89 to 8. It would votes of the two Houses on the concurrent budget, it would impose what is a mas- be my view that the Senate should not resolution S. Con. Res. 13 (the concurrent sive new energy tax on anyone who go back on an overwhelming vote like resolution on the budget for fiscal year 2010) drives a car or turns on a light switch. that, which made it very clear that any be instructed to insist that the conference In fact, Secretary of Transportation climate change legislation should not report on the concurrent resolution include Ray LaHood has said the administra- raise electricity and gasoline prices on the point of order against legislation that tion is ‘‘not for an increase in the gas raises taxes directly or indirectly on middle- American consumers. The Stabenow income taxpayers (single individuals with tax as long as the economy is bad, peo- motion, if adopted, would not include $200,000 or less in adjusted gross income or ple are out of work, people don’t have that protection. I ask my colleagues to married couples filing jointly with $250,000 or jobs. No one should be promoting an in- vote to defeat it. less in adjusted gross income) as contained crease in the gas tax.’’ The cap-and- Mr. President, I yield the floor. in section 306 of the concurrent resolution as trade proposal the President has put passed by the Senate. forward would do just that. It would Mr. CONRAD. Mr. President, for the Mr. GREGG. I suggest the absence of also increase the cost of electricity advice of our colleagues, we are very a quorum. prices. close to being able to begin voting. At The PRESIDING OFFICER. The Secretary of Energy Chu just testi- roughly 7 o’clock, we will begin. We clerk will call the roll. fied recently: have 10 motions pending, or we will The legislative clerk proceeded to I think especially now in today’s economic have by that time. We are still waiting call the roll. climate it would be completely unwise to for a signed copy of one motion that I Mr. THUNE. Mr. President, I ask want to increase the price of gasoline. will send up when that is available. unanimous consent that the order for The President and his Budget Direc- Again, we are asking colleagues—we the quorum call be rescinded. tor have been very clear that prices are have a number of these we can take The PRESIDING OFFICER. Without going to go up on consumers, and they which would reduce the number of objection, it is so ordered. are going to feel the pain, the eco- votes that would have to be conducted. Mr. THUNE. Mr. President, I rise to nomic pain associated with higher Senator GREGG is working diligently to speak in opposition to the motion of prices for electricity and gasoline. talk to colleagues to see if they are the Senator from Michigan, Ms. The President himself acknowledged willing to take a voice vote or take an STABENOW, that instructs the conferees that when he was talking about a cap- acceptance by unanimous consent, and to include some but not all of the limi- and-trade proposal some time back. He we are still waiting for final answers tations the Senate voted for with re- acknowledged his plan would lead to on all of those matters. So again, for spect to climate change legislation. higher electricity prices, and he said: the advice of our colleagues, we are I think the Senate needs to under- Under my plan of a cap and trade system, very close to the time when we can do stand that the effect of this motion electricity rates would necessarily sky- that. would be to instruct conferees on the rocket. I ask unanimous consent to set aside issue of climate change without includ- What happened during the debate on the pending motion to instruct so I ing the Senate’s protection for con- the budget is we adopted my amend- may offer a motion to instruct on be- sumers against higher gas and elec- ment, by a vote of 89 to 8, which spe- half of Senator STABENOW.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4653 The PRESIDING OFFICER. Without unfortunate, since people had all the The PRESIDING OFFICER. Who objection, it is so ordered. opportunity they had to offer amend- yields time? The clerk will report. ments. No one has tried to stifle Mr. CONRAD. Mr. President, Senator The legislative clerk read as follows: amendments on this or anything else STABENOW would like to speak. The Senator from Michigan [Ms. this year. It is unfortunate, and that The PRESIDING OFFICER. The Sen- STABENOW] moves that the managers on the will mean there will be some amend- ator from Michigan is recognized. part of the Senate at the conference on the ments, well intentioned and good, that Ms. STABENOW. Mr. President, this disagreeing votes of the two Houses on the deal with the financial crisis facing amendment was included in the Senate concurrent resolution S. Con. Res. 13 (the this country that will fall, but we have budget resolution. It lays out clear, current resolution on the budget for fiscal year 2010) be instructed to insist that the had good debate the last few days on positive instructions for balanced cli- final conference report include a Deficit- this legislation. mate change legislation that allows ag- Neutral Reserve Fund to Invest in Clean En- I wish there were some other way to riculture and forestry to participate ergy and Preserve the Environment (as pro- do this. I pulled out all the stops to try voluntarily. It focuses on jobs, pro- vided in section 202(b) of S. Con. Res. 13, as to talk to a number of Senators, and I tecting manufacturing, protecting con- passed by the Senate) that would allow the apologize for not being able to work sumers, and it lays out a positive ap- Chairman of the Committee on the Budget of something out, but that is the way it is proach rather than just saying no to the Senate to revise the allocations of 1 or sometimes. reconciliation, which is a policy I agree more committees, aggregates, and other ap- propriate levels and limits in the resolution Mr. LEAHY. Mr. President, would the with. We need to have a positive, bal- for 1 or more deficit-neutral bills, joint reso- Senator yield? anced approach, and this motion does lutions, amendments, motions, or conference Mr. REID. I am happy to yield. that. reports that would— Mr. LEAHY. Mr. President, I think The PRESIDING OFFICER. The Sen- (1) invest in clean energy technology ini- the distinguished leader is doing all he ator from South Dakota is recognized. tiatives; can do in this case. I am surprised, as Mr. THUNE. Mr. President, I rise in (2) decrease greenhouse gas emissions; he said, since this bill has had huge bi- opposition to the Stabenow motion to (3) create new jobs in a clean technology partisan support and bipartisan spon- instruct. She is correct that it imposes economy; sorship. It is to try to protect people (4) strengthen the manufacturing competi- limitations on climate change legisla- tiveness of the United States; from losing their retirement funds, tion as adopted during the budget reso- (5) diversify the domestic clean energy sup- their home, their savings for their chil- lution, with one very important dele- ply to increase the energy security of the dren to go to college, from these mort- tion, and that is one that consumers United States; gage fraud people. Everybody across care about the most, which prevents (6) protect consumers (including through the political spectrum has endorsed the consumers from having to pay higher policies that address regional differences); bill. gasoline prices and electricity rates. (7) provide incentives for cost-savings We voted on every amendment to re- If the Senate adopts this motion, it achieved through energy efficiencies; main to the bill. There are about a (8) provide voluntary opportunities for ag- will undermine an amendment I offered riculture and forestry communities to con- dozen or more that have nothing to do to the Senate budget resolution, which tribute to reducing the levels of greenhouse with the bill. It is unfortunate for the passed 89 to 8 in the Senate, which pre- gases in the atmosphere; and people who are seeing their life savings vents consumers from having to deal (9) help families, workers, communities, being ripped off by unscrupulous crimi- with higher gas and electricity rates as and businesses make the transition to a nals, and that we cannot criminalize it a result of climate change legislation. clean energy economy. in such a way as to stop it. So I will be That is an important protection. It is Mr. CONRAD. Mr. President, I note here to vote. The irony is that when something the conferees need to keep the absence of a quorum. the bill finally gets to a vote, it will in the budget resolution. The PRESIDING OFFICER. The probably pass about 90 to 5. I hope the Senate will vote to defeat clerk will call the roll. Mr. REID. Mr. President, I ask unan- the Stabenow motion to instruct be- The legislative clerk proceeded to imous consent that the Republican cause it does undermine what we did in call the roll. leader be allowed to make a statement the budget resolution with respect to Mr. REID. Mr. President, I ask unan- prior to the vote. the protections afforded to consumers imous consent that the order for the The PRESIDING OFFICER. Without when it comes to higher gas and elec- quorum call be rescinded. objection, it is so ordered. tricity prices. I urge my colleagues to The PRESIDING OFFICER. Without The Republican leader is recognized. vote no. objection, it is so ordered. (The remarks of Mr. MCCONNELL are The PRESIDING OFFICER. The Mr. REID. Mr. President, earlier printed in today’s RECORD under question is on agreeing to the motion. today, the Senate was very close to ‘‘Morning Business.’’) The yeas and nays have been ordered reaching an agreement to complete ac- Mr. REID. Mr. President, on the mo- and the clerk will call the roll. tion on the financial fraud measure. It tions to instruct, I ask unanimous con- The legislative clerk called the roll. is a bipartisan measure which is the re- sent that there be 2 minutes between Mr. DURBIN. I announce that the sult of significant bipartisan work of each vote for debate equally divided be- Senator from Massachusetts (Mr. KEN- Senators LEAHY, GRASSLEY, and vir- tween Senators GREGG and CONRAD or NEDY), the Senator from West Virginia tually every member of the Judiciary the sponsor of the motion. Senators (Mr. ROCKEFELLER), and the Senator Committee. I thought we had an agree- GREGG and CONRAD can determine who from Rhode Island (Mr. WHITEHOUSE) ment, but we were not able to do this, has the time. are necessarily absent. in spite of all of the good work of Sen- The PRESIDING OFFICER. Without Mr. KYL. The following Senators are ator LEAHY. We simply want to limit objection, it is so ordered. necessarily absent: the Senator from amendments to this bill. Everyone has Mr. REID. I ask unanimous consent Kansas (Mr. ROBERTS) and the Senator had ample opportunity to offer amend- that there be 10-minute votes after the from Ohio (Mr. VOINOVICH). ments. I guess it would have been nice first vote. The PRESIDING OFFICER. Are there if we had voted later last night, but I The PRESIDING OFFICER. Without any other Senators in the Chamber de- had a meeting at the White House. I objection, it is so ordered. siring to vote? had to be at the meeting, and I left Mr. REID. I thank the Chair. The result was announced—yeas 57, here about 5:15 and the meeting lasted The PRESIDING OFFICER. The nays 37, as follows: until about 7:30. pending question is on agreeing to the [Rollcall Vote No. 163 Leg.] We are going to file cloture tonight Stabenow motion to instruct. on this measure. Everyone should ac- Mr. REID. Mr. President, I ask for YEAS—57 knowledge that this means we are the yeas and nays. Akaka Boxer Carper Baucus Brown Casey going to have a cloture vote Saturday The PRESIDING OFFICER. Is there a Bayh Burris Collins morning around 11 a.m. There will be sufficient second? There is a sufficient Begich Byrd Conrad another vote on Sunday, if we are second. Bennet Cantwell Dodd asked to use up all of this time. It is The yeas and nays are ordered. Bingaman Cardin Dorgan

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4654 CONGRESSIONAL RECORD — SENATE April 23, 2009 Durbin Leahy Reed The clerk will call the roll. Mrs. MURRAY. Mr. President, the Feingold Levin Reid Feinstein Lieberman Sanders The assistant legislative clerk called Senator from New Hampshire has of- Gillibrand Lincoln Schumer the roll. fered an amendment to the conference Hagan Lugar Shaheen Mr. DURBIN. I announce that the report that we not double the debt Harkin McCaskill Snowe Senator from Massachusetts (Mr. KEN- from the time President Obama took Inouye Menendez Stabenow Johnson Merkley Tester NEDY), the Senator from West Virginia office through the end of 2019. Our Kaufman Mikulski Udall (CO) (Mr. ROCKEFELLER), and the Senator budget does not go through 2019. It Kerry Murray Udall (NM) from Rhode Island (Mr. WHITEHOUSE) would not double the debt through 2014. Klobuchar Nelson (NE) Warner Kohl Nelson (FL) Webb are necessarily absent. The debt when President Obama took Lautenberg Pryor Wyden Mr. KYL. The following Senators are office was about $10 trillion. So this necessarily absent: the Senator from NAYS—37 amendment is not necessary. I urge a Kansas (Mr. ROBERTS) and the Senator no vote. Alexander DeMint Martinez OINOVICH Barrasso Ensign McCain from Ohio (Mr. V ). Mr. GREGG. Mr. President, with my Bennett Enzi McConnell The PRESIDING OFFICER. Are there additional time, I would simply note if Bond Graham Murkowski any other Senators in the Chamber de- that is the position the majority takes, Brownback Grassley Risch siring to vote? then everybody should vote for it. Bunning Gregg Sessions The result was announced—yeas 66, The PRESIDING OFFICER. The Burr Hatch Shelby Chambliss Hutchison Specter nays 28, as follows: question is on agreeing to the motion. Coburn Inhofe Thune [Rollcall Vote No. 164 Leg.] Mr. GREGG. I ask for the yeas and Cochran Isakson Vitter Corker Johanns YEAS—66 nays. Wicker Cornyn Kyl Alexander Corker Lincoln The PRESIDING OFFICER. Is there a Crapo Landrieu Barrasso Cornyn Lugar sufficient second? NOT VOTING—5 Baucus Crapo Martinez There appears to be. Bayh DeMint McCain The clerk will call the roll. Kennedy Rockefeller Whitehouse Begich Dorgan McCaskill Roberts Voinovich Bennet Ensign McConnell The legislative clerk called the roll. The motion was agreed to. Bennett Enzi Murkowski Mr. DURBIN. I announce that the Bingaman Feingold Murray Senator from Massachusetts (Mr. KEN- The PRESIDING OFFICER. There Bond Graham Nelson (NE) NEDY are now 2 minutes equally divided prior Brownback Grassley Pryor ), the Senator from West Virginia to a vote in relation to the Johanns Bunning Gregg Risch (Mr. ROCKEFELLER), and the Senator motion to instruct. Burr Hagan Sessions from Rhode Island (Mr. WHITEHOUSE) Burris Hatch Shelby are necessarily absent. Who yields time? Byrd Hutchison Snowe The Senator from Nebraska. Cantwell Inhofe Specter Mr. KYL. The following Senators are Mr. JOHANNS. Mr. President, Mem- Carper Isakson Stabenow necessarily absent: the Senator from bers of the Senate, I rise this evening Casey Johanns Tester Kansas (Ms. ROBERTS) and the Senator Chambliss Klobuchar Thune OINOVICH for the express purpose of asking for Coburn Kohl Vitter from Ohio (Mr. V ). your support for a motion that is very Cochran Kyl Warner The PRESIDING OFFICER (Mr. BEN- straightforward. We have already voted Collins Landrieu Webb NET). Are there any other Senators in on this in an amendment I submitted Conrad Levin Wicker the Chamber desiring to vote? during the budget process. NAYS—28 The result was announced—yeas 40, The motion basically says that we Akaka Johnson Reed nays 54, as follows: will not use the reconciliation process Boxer Kaufman Reid [Rollcall Vote No. 165 Leg.] Brown Kerry Sanders to pass cap-and-trade legislation. The YEAS—40 Cardin Lautenberg Schumer last time this issue was before this Dodd Leahy Shaheen Alexander DeMint McCain body, we had 67 Senators, both Repub- Durbin Lieberman Udall (CO) Barrasso Ensign McConnell licans and Democrats, who spoke very Feinstein Menendez Udall (NM) Bennett Enzi Murkowski Gillibrand Merkley loudly and clearly opposing budget rec- Wyden Bond Graham Nelson (NE) Harkin Mikulski Brownback Grassley Risch onciliation to pass cap-and-trade legis- Inouye Nelson (FL) Bunning Gregg Sessions Burr Hatch lation. I ask that we do that again. I NOT VOTING—5 Shelby ask that we do that again to indicate Chambliss Hutchison Snowe Kennedy Rockefeller Whitehouse Coburn Inhofe Specter very clearly that we do not want to use Roberts Voinovich Cochran Isakson Thune the reconciliation process for cap-and- Collins Johanns Vitter The motion was agreed to. Corker Kyl trade. Wicker I conclude my remarks by saying Mr. GREGG. Mr. President, I move to Cornyn Lugar Crapo Martinez thank you for your thoughtful ap- reconsider the vote and I move to lay proach to this, and I ask for the yeas that motion on the table. NAYS—54 and nays. The motion to lay on the table was Akaka Feingold Menendez The PRESIDING OFFICER. Is there a agreed to. Baucus Feinstein Merkley The PRESIDING OFFICER. There is Bayh Gillibrand Mikulski sufficient second? There appears to be. Begich Hagan Murray The yeas and nays are ordered. now 2 minutes equally divided prior to Bennet Harkin Nelson (FL) The Senator from North Dakota. a vote in relation to the Gregg motion Bingaman Inouye Pryor Mr. CONRAD. Mr. President, I wish to instruct. The Senator from New Boxer Johnson Reed Hampshire is recognized. Brown Kaufman Reid to point out to colleagues that there is Burris Kerry Sanders no reconciliation instruction on the Mr. GREGG. Mr. President, this mo- Byrd Klobuchar Schumer budget resolution that we are sending tion is fairly simple but very impor- Cantwell Kohl Shaheen to conference from the Senate. In the tant. Since our country began in 1789, Cardin Landrieu Stabenow Carper Lautenberg Tester House, the Speaker and the rest of the we have been adding debt to the Amer- Casey Leahy Udall (CO) leadership has indicated there is no in- ican people. All this says is that all the Conrad Levin Udall (NM) tention and no provision for reconcili- debt that has been run up, from 1789 to Dodd Lieberman Warner 2009, through January 20, 2009, that Dorgan Lincoln Webb ation to be used for cap and trade or Durbin McCaskill Wyden for climate change. that total debt should not be exceeded With that, we are prepared to vote. during the term of this budget. It NOT VOTING—5 Mr. President, we have an agreement seems like a fairly reasonable request. Kennedy Rockefeller Whitehouse on 10-minute votes for all remaining If we do not follow it, we are going to Roberts Voinovich votes. end up passing on a debt to our chil- The motion was rejected. The PRESIDING OFFICER. That is dren that they cannot support. I hope The PRESIDING OFFICER. There is correct. people will support this limitation on now 2 minutes equally divided prior to The question is on agreeing to the the addition of debt to our Nation and a vote in relation to the Sessions mo- motion. to our children. tion to instruct.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4655 Mr. SESSIONS. Mr. President, this Ensign Isakson Sessions a vote in relation to the Cornyn mo- motion would instruct that the budget Enzi Johanns Shelby tion to instruct. Graham Kyl Snowe be altered so that there would be level Grassley Lugar Specter Mr. CORNYN. Mr. President, my mo- funding for 2 years during the time Gregg Martinez Thune tion instructs conferees to retain my that we are now spending an additional Hatch McCain Vitter amendment, which passed by a strong Hutchison McConnell Wicker $800 billion in the economy as part of Inhofe Risch bipartisan majority of 82 Senators who the stimulus package. NAYS—56 voted in favor, which says don’t raise We ought to be able to keep the base- taxes on small businesses. We all know line budget level for 2 years, and then Akaka Feinstein Mikulski Baucus Gillibrand Murray that is the principal job creator in the finish out the 5-year budget at 1 per- Begich Hagan Nelson (NE) economy. It passed 82 to 16. My hope is cent growth. We have doubled the na- Bennet Harkin Nelson (FL) we have a similar if not better vote on tional debt through this budget—we Bingaman Inouye Pryor this motion to instruct. Boxer Johnson will do so in 5 years—and triple it in 10. Reed Brown Kaufman Reid I ask for the yeas and nays. Interest on the debt today is $170 bil- Burris Kerry Sanders The PRESIDING OFFICER. Is there a Byrd Klobuchar lion over the President’s 10-year budg- Schumer Cantwell Kohl sufficient second? Shaheen et. At the 10th year, it would be $800 Cardin Landrieu There appears to be a sufficient sec- Stabenow billion in interest alone, dwarfing our Carper Lautenberg ond. education budget of $100 billion, dwarf- Casey Leahy Tester Udall (CO) The yeas and nays were ordered. ing the highway budget of $140 billion. Collins Levin Conrad Lieberman Udall (NM) The PRESIDING OFFICER. The Sen- This is the right approach to show Dodd Lincoln Voinovich ator from Washington. some discipline on the baseline budget Dorgan McCaskill Warner Mrs. MURRAY. Mr. President, this is at a time we are surging the discre- Durbin Menendez Webb Feingold Wyden on an amendment many of us sup- tionary spending through the stimulus Merkley ported. We are happy to take it on a package. NOT VOTING—5 voice vote. If not, I will be supporting The PRESIDING OFFICER. The Sen- Kennedy Roberts Whitehouse the motion, if the Senator insists on a ator from Washington. Murkowski Rockefeller vote this evening. Mrs. MURRAY. Mr. President, the The motion was rejected. amendment that is before us will freeze Mr. NELSON of Nebraska. I move to The PRESIDING OFFICER. The spending, nondefense and nonveterans reconsider the vote and to lay that mo- question is on agreeing to the Cornyn funding, for 2 years and limit the tion on the table. motion. growth of nondefense and nonveterans The motion to lay on the table was The yeas and nays were ordered. The funding to 1 percent annually for fiscal agreed to. clerk will call the roll. 2012, 2013, and 2014. The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. Now, I would remind all of us, we are ator from Washington. Mr. DURBIN. I announce that the Mrs. MURRAY. I believe the next in an economic crisis in this country. Senator from Massachusetts (Mr. KEN- motion in order is the Ensign motion. The investments we make in this budg- NEDY), the Senator from Louisiana (Ms. The PRESIDING OFFICER. The Sen- LANDRIEU), the Senator from West Vir- et that is before us are important for ator is correct. education, for health care, for energy, ginia (Mr. ROCKEFELLER), and the Sen- There are 2 minutes equally divided ator from Rhode Island (Mr. and for the other priorities that on prior to a vote in relation to the En- WHITEHOUSE) are necessarily absent. which this country has asked us to sign motion. move forward. Who yields time? Mr. KYL. The following Senators are I urge my colleagues to vote no on Mr. ENSIGN. Mr. President, this is necessarily absent: the Senator from the motion before us so that we can my motion that says let’s not raise Alaska (Ms. MURKOWSKI) and the Sen- have the flexibility to deal with these taxes, whether they are direct or indi- ator from Kansas (Mr. ROBERTS). critical issues before us today. rect taxes, on anybody making less The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The than $250,000. It was agreed to unani- any other Senators in the Chamber de- question is on agreeing to the Sessions mously when the amendment was con- siring to vote? motion. sidered by the full Senate, 98 to 0. Un- The result was announced—yeas 84, Mr. SESSIONS. Mr. President, I ask fortunately, it was said that it would nays 9, as follows: for the yeas and nays. be stripped out. We went through a [Rollcall Vote No. 167 Leg.] The PRESIDING OFFICER. Is there a whole parliamentary mess to under- YEAS—84 sufficient second? stand that this amendment would not Akaka Dorgan McCaskill There is a sufficient second. bring the bill down. I am hoping the Alexander Ensign McConnell The clerk will call the roll. managers who take this bill to con- Barrasso Enzi Menendez The assistant legislative clerk called Baucus Feinstein Merkley ference keep this amendment in con- Bayh Gillibrand Mikulski the roll. ference, so we don’t raise the taxes on Begich Graham Murray Mr. DURBIN. I announce that the any family making less than $250,000 a Bennet Grassley Nelson (NE) Senator from Massachusetts (Mr. KEN- year. Bennett Gregg Nelson (FL) Bond Hagan Pryor NEDY), the Senator from West Virginia The PRESIDING OFFICER. The Sen- Boxer Hatch Reed (Mr. ROCKEFELLER), and the Senator ator from Washington. Brownback Hutchison Reid from Rhode Island (Mr. WHITEHOUSE) Mrs. MURRAY. Mr. President, the Bunning Inhofe Risch are necessarily absent. Senator from Nevada is correct. This Burr Inouye Sanders Burris Isakson Schumer Mr. KYL. The following Senators are amendment passed on the budget 98 to Cantwell Johanns Sessions necessarily absent: the Senator from nothing. The Democrats are happy to Cardin Johnson Shaheen Kansas (Mr. ROBERTS) and the Senator support it. It is 8:25 at night. I suggest Carper Kaufman Shelby Casey Klobuchar Snowe from Alaska (Ms. MURKOWSKI). we take it on a voice vote. Chambliss Kohl Specter The PRESIDING OFFICER. Are there Mr. ENSIGN. That is fine. Coburn Kyl Stabenow any other Senators in the Chamber de- The PRESIDING OFFICER. The Cochran Lautenberg Tester siring to vote? question is on agreeing to the Ensign Collins Leahy Thune motion. Conrad Levin Udall (CO) The result was announced—yeas 38, Corker Lieberman Udall (NM) nays 56, as follows: The motion was agreed to. Cornyn Lincoln Vitter Mr. SANDERS. I move to reconsider [Rollcall Vote No. 166 Leg.] Crapo Lugar Webb the vote and to lay that motion on the DeMint Martinez Wicker YEAS—38 table. Dodd McCain Wyden Alexander Brownback Cochran The motion to lay on the table was Barrasso Bunning Corker NAYS—9 Bayh Burr Cornyn agreed to. Bingaman Durbin Kerry Bennett Chambliss Crapo The PRESIDING OFFICER. There is Brown Feingold Voinovich Bond Coburn DeMint now 2 minutes equally divided prior to Byrd Harkin Warner

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4656 CONGRESSIONAL RECORD — SENATE April 23, 2009 NOT VOTING—6 Mr. CONRAD. Mr. President, let me The question is on agreeing to the Kennedy Murkowski Rockefeller indicate, because of the good nature DeMint motion to. Landrieu Roberts Whitehouse and the graciousness of the Senator, The clerk will call the roll. The motion was agreed to. this is an amendment that we will try The assistant legislative clerk pro- Mr. CONRAD. I move to reconsider to preserve in conference. ceeded to call the roll. the vote and I move to lay that motion BYRD RULE Mr. DURBIN. I announce that the on the table. Mr. LEVIN. Mr. President, I ask the Senator from Massachusetts (Mr. KEN- The motion to lay on the table was Senator from North Dakota, is it true NEDY), the Senator from Louisiana (Ms. agreed to. that when a reconciliation bill comes LANDRIEU), the Senator from West Vir- The PRESIDING OFFICER. There is to the floor, it must meet the require- ginia (Mr. ROCKEFELLER), and the Sen- now 2 minutes equally divided prior to ments of the Byrd rule or be subject to ator from Rhode Island (Mr. a vote in relation to the Alexander mo- a 60-vote point of order? WHITEHOUSE) are necessarily absent. tion to instruct. Mr. CONRAD. Yes Mr. KYL. The following Senators are Mr. CONRAD. Mr. President, can we Mr. LEVIN. Is it true that a provi- necessarily absent: the Senator from have order in the Chamber. sion in a reconciliation bill is subject Alaska (Ms. MURKOWSKI) and the Sen- The PRESIDING OFFICER. The Sen- to a Byrd rule point of order if it pro- ator from Kansas (Mr. ROBERTS). ate will be in order. duces a change in outlays or revenues The PRESIDING OFFICER (Mr. Mr. CONRAD. Mr. President, we need that is merely incidental to the non- MERKLEY). Are there any other Sen- order because Senator ALEXANDER is budgetary, i.e., policy, components of a ators in the Chamber desiring to vote? next, and if he would be so gracious as provision? The result was announced—yeas 79, to accept a voice vote on his motion, Mr. CONRAD. Yes nays 14, as follows: we would take his motion. It is a good Mr. Levin. Is it true that every provi- [Rollcall Vote No. 168 Leg.] motion. We support it. sion of a reconciliation bill is subject YEAS—79 Mr. ALEXANDER. Mr. President, I to the Byrd rule; and any provision Akaka Dorgan McCain say to the Senator, thank you very that does not meet all of the require- Alexander Ensign McCaskill much. I accept that. ments of that rule, would be subject to Barrasso Enzi McConnell All the motion does is instruct the a 60-vote point of order? Baucus Feingold Menendez Bayh Feinstein conferees to do what the Senate has al- Mr. CONRAD. Yes Murray Begich Gillibrand Nelson (NE) ready unanimously agreed to do to pre- The PRESIDING OFFICER. There is Bennet Graham Nelson (FL) serve the competitive student loan sys- now 2 minutes of debate equally di- Bennett Grassley Pryor Bond Gregg Reed tem. vided prior to a vote in relation to the Boxer Hagan Reid The PRESIDING OFFICER. If there DeMint motion to instruct. Brownback Hatch is no further debate on the motion, the Who yields time? Bunning Hutchison Risch Schumer question is on agreeing to the Alex- Mr. CONRAD. Senator DEMINT is Burr Inhofe Byrd Inouye Sessions ander motion. next. Cantwell Isakson Shaheen The motion was agreed to. The PRESIDING OFFICER. The Sen- Carper Johanns Shelby Mr. CONRAD. Mr. President, next, I ator from South Carolina is recognized. Casey Johnson Snowe believe, is the motion of the Senator Mr. DEMINT. Mr. President, my mo- Chambliss Kaufman Specter Coburn Klobuchar Tester from Oklahoma, Mr. COBURN. tion simply codifies some promises Cochran Kohl Thune The PRESIDING OFFICER. There is during the last campaign focusing on Collins Kyl Udall (CO) now 2 minutes equally divided prior to health care as part of this budget. My Conrad Lautenberg Vitter motion would create a 60-vote point of Corker Leahy Voinovich a vote in relation to the Coburn motion Cornyn Lieberman order for any legislation that takes Webb to instruct. Crapo Lincoln Wicker The Senator from Oklahoma. away a person’s right to pick their own DeMint Lugar Wyden Mr. COBURN. Mr. President, I will be doctor, to choose their own plan, or to Dodd Martinez very brief. This is fulfilling a campaign keep the health plan they already NAYS—14 promise of Barack Obama. He said he have. These are promises the President Bingaman Harkin Sanders wanted us to go through the budget made, that no health care reform Brown Kerry Stabenow line by line to eliminate wasteful pro- would take away those rights, and my Burris Levin Udall (NM) Cardin Merkley Warner grams, eliminate duplicative programs. motion is to insist that the budget con- Durbin Mikulski We accepted this earlier. This is a vote ference report include that. to say we are going to do that. We are Mr. CONRAD. Mr. President, I sup- NOT VOTING—6 going to hold up our end of the bargain, port this amendment. I think it is en- Kennedy Murkowski Rockefeller Landrieu Roberts Whitehouse as the President is going to hold up his tirely reasonable in what it outlines. end of the bargain, and we are going to We all want patients to be able to The motion was agreed to. go through and find some of this $300 choose their doctors. We want to make The PRESIDING OFFICER. Under billion worth of waste. certain if people are happy with the the previous order, there is now 2 min- With that, I yield back. health care plan they are in, that they utes of debate, equally divided, prior to The PRESIDING OFFICER. The Sen- are able to stay in that plan. a vote in relation to the Vitter motion ator from North Dakota. I would ask the Senator from South to instruct. Mr. CONRAD. Mr. President, would Carolina, would he consider accepting a The Senator from Louisiana is recog- the Senator accept a voice vote on his voice vote—a strong voice vote—in nized. motion because we would be prepared favor of his amendment? Mr. VITTER. Mr. President, in our to support him? Mr. DEMINT. Mr. President, I appre- original Senate debate on the budget, Mr. COBURN. I will accept a voice ciate the offer very much, but knowing we passed by unanimous consent lan- vote. that the chairman probably doesn’t see guage that is in section 202(a) that we Mr. CONRAD. The Senator is very my nature as good as Senator would not raise taxes on domestic en- gracious. COBURN’s, I suspect it might not stay ergy production. The PRESIDING OFFICER. If there in, in conference. I would like a rollcall That language says that our budget is no further debate on the motion, the vote, but I thank the Senator from legislation ‘‘would not increase the question is on agreeing to the Coburn North Dakota very much for his offer. cost of producing energy from domestic motion. Mr. CONRAD. Mr. President, I would sources, including oil and gas from the The motion was agreed to. note for the RECORD that the Senator Outer Continental Shelf or other areas; The PRESIDING OFFICER. The Sen- from South Carolina is smiling. it would not increase the cost of energy ator from Oklahoma. I ask for the yeas and nays. for American families; it would not in- Mr. COBURN. Mr. President, I wish The PRESIDING OFFICER. Is there a crease the cost of energy for domestic to make a note for the record there was sufficient second? There is a sufficient manufacturers, farmers, fishermen or no ‘‘no’’ voiced on the vote. second. other domestic industries; and it would

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4657 not enhance foreign competitiveness are not vacation plans, but whatever Mikulski Schumer Udall (NM) Murray Shaheen Warner against U.S. businesses.’’ plans people have in their home States. Reed Tester Wyden This motion to instruct would say we I hope that answers everybody’s ques- need to keep that mandate in the final tions. NOT VOTING—6 version of the budget. This is impor- I have not said this often enough. I Kennedy Roberts Sanders tant because, unfortunately, the Presi- remind everyone that all the press is Murkowski Rockefeller Whitehouse dent has proposed tax increases in all interested in is seeing Senator MCCON- The motion was agreed to. those areas, and all those significant NELL and me jostle. We jostle very lit- The PRESIDING OFFICER. Under increases in domestic energy produc- tle. We have an understanding as to the previous order, all statutory time tion are part of his budget proposal. what is good for this body, and some- is yielded back, and the Chair appoints It would be tremendously wrong- times our views of what is good for this the following conferees on the part of headed and would hurt Americans to body are different but not very much. I the Senate: Mr. CONRAD, Mrs. MURRAY, increase taxes on energy, particularly express my appreciation to him for all and Mr. GREGG. now in the midst of a deep recession. I the work we have been able to get done ask all my colleagues to support this this week, which has been very dif- f motion to instruct, and I respectfully ficult, and to work this out for a Mon- ask for the yeas and nays. day vote. FRAUD ENFORCEMENT AND The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- RECOVERY ACT OF 2009—Continued sufficient second? There is a sufficient ator from North Dakota. Mr. REID. Mr. President, I ask unan- second. Mr. CONRAD. Mr. President, we still imous consent that the vote on the clo- The yeas and nays were ordered. have pending the motion of Mr. Mr. REID. Mr. President, I suggest ture motion on the substitute amend- VITTER, the Senator from Louisiana. the absence of a quorum. ment to S. 386 occur at 5:30 p.m., Mon- The PRESIDING OFFICER. The That was an amendment that was day, April 27; that if cloture is invoked, clerk will call the roll. taken by unanimous consent or voice all postcloture time be yielded back The legislative clerk proceeded to vote during the budget resolution. It is and any pending germane amendments call the roll. now here as a motion to instruct. Obvi- be disposed of; then the substitute Mr. REID. Mr. President, I ask unan- ously, we are going to have a rollcall amendment, as amended, be agreed to; imous consent that the order for the vote on it. We asked the Senator to that the bill, as amended, be read a quorum call be rescinded. withhold. He has asked to have a roll- third time, and that the vote on pas- The PRESIDING OFFICER. Without call vote, which is absolutely his right. sage of the bill occur at 12 noon on objection, it is so ordered. Senators will vote their judgment. Tuesday, notwithstanding rule XII, Mr. REID. Mr. President, I have been The PRESIDING OFFICER. The paragraph 4, without further inter- conferring off and on during the day question is on agreeing to the Vitter vening action or debate; that once clo- with my distinguished Republican motion. ture has been filed, the mandatory counterpart. I think this is where we The yeas and nays have been ordered. quorum be waived; provided further are. The clerk will call the roll. that at 4:30 p.m. Monday, there be 60 Monday, at about 5:30, we will have a The legislative clerk called the roll. minutes of debate prior to the cloture vote on cloture on the underlying fi- Mr. DURBIN. I announce that the vote, with the time equally divided and nancial fraud legislation. We will de- Senator from Massachusetts (Mr. KEN- controlled between the leaders or their termine what time Tuesday morning NEDY), the Senator from West Virginia designees. we will vote on final passage of that (Mr. ROCKEFELLER), the Senator from The PRESIDING OFFICER. Is there bill, if cloture is invoked. Again, we Vermont (Mr. SANDERS), and the Sen- objection? will vote Monday night at about 5:30 on ator from Rhode Island (Mr. The Chair hears none, and it is so or- cloture, and sometime Tuesday morn- WHITEHOUSE) are necessarily absent. dered. ing we will vote on final passage. Mr. KYL. The following Senators are CLOTURE MOTION At this stage, we have a tentative necessarily absent: the Senator from Mr. REID. Mr. President, I send a agreement to have 6 to 8 hours of de- Alaska (Ms. MURKOWSKI) and the Sen- cloture motion to the desk. bate on Sebelius, and we would have ator from Kansas (Mr. ROBERTS). The PRESIDING OFFICER. The clo- passage of that by a 60-vote margin on The PRESIDING OFFICER. Are there ture motion having been presented her sometime late Tuesday. any other Senators in the Chamber de- under rule XXII, the Chair directs the Following that, we are trying to siring to vote? work something out on Mr. Strickland, clerk to read the motion. The result was announced—yeas 63, The legislative clerk read as follows: who is one of the secretaries for Ken nays 30, as follows: CLOTURE MOTION Salazar. I talked to Senator BUNNING. [Rollcall Vote No. 169 Leg.] We are trying to get him some infor- We, the undersigned Senators, in accord- YEAS—63 mation to which he is entitled. If we ance with the provisions of rule XXII of the Akaka Crapo Lugar Standing Rules of the Senate, hereby move can get that information, we will get Alexander DeMint Martinez to bring to a close debate on the committee that done very quickly. If we cannot, Barrasso Dorgan McCain substitute amendment to S. 386, the Fraud then Senator BUNNING has agreed to a Baucus Ensign McCaskill Enforcement and Recovery Act of 2009. reasonable period of time—and Senator Bayh Enzi McConnell Patrick J. Leahy, Debbie Stabenow, Kent Begich Feingold Nelson (NE) MCCONNELL and I will determine what Conrad, Barbara Boxer, Patty Murray, Bennet Graham Nelson (FL) Herb Kohl, Jeff Bingaman, Russell D. that is—to have a debate and a 60-vote Bennett Grassley Pryor margin on his approval. Bond Gregg Reid Feingold, Bernard Sanders, Bill Nelson, Hopefully, if the conference is com- Brownback Hagan Risch Ben Nelson, Richard Durbin, Jack pleted on the budget, we would go to Bunning Hatch Sessions Reed, Amy Klobuchar, Robert P. Casey, Burr Hutchison Shelby Jr., Claire McCaskill, Harry Reid. that sometime Wednesday, with a stat- Byrd Inhofe Snowe utory 10 hours on it. Carper Isakson Specter f That is where we are. It has been a Chambliss Johanns Stabenow difficult time. I am sorry to have ev- Coburn Johnson Thune eryone concerned about the Saturday Cochran Klobuchar Udall (CO) UNANIMOUS CONSENT AGREE- Collins Kohl Vitter MENT—EXECUTIVE CALENDAR cloture vote, but that is how things Conrad Kyl Voinovich work. Corker Landrieu Webb Mr. REID. Mr. President, as in execu- I say to my friend Dr. COBURN, he is Cornyn Lincoln Wicker tive session I ask unanimous consent a thorn in my side, but he is a real gen- NAYS—30 that on Tuesday, April 28, at 10 a.m., tleman, as I have said before. I think Bingaman Dodd Kerry the Senate proceed to executive session this is going to work out very well for Boxer Durbin Lautenberg to consider the Calendar No. 62, the everybody. We all have a lot of things Brown Feinstein Leahy nomination of Kathleen Sebelius to be already scheduled the next few days. Burris Gillibrand Levin Secretary of Health and Human Serv- Cantwell Harkin Lieberman Having the Saturday vote would do a Cardin Inouye Menendez ices; that there be 8 hours of debate lot of damage to a lot of plans—these Casey Kaufman Merkley with respect to the nomination, with

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4658 CONGRESSIONAL RECORD — SENATE April 23, 2009 the time equally divided and controlled and we are. There are people we learn say they can’t remember him ever between the leaders or their designees; to like a lot. A lot of times we see missing a single home game, rain or that upon the use or yielding back of these people just passing through as shine. And he liked to share his enthu- time, the Senate proceed to vote on the they are doing their jobs. siasm for the Skins with colleagues, confirmation of the nomination and One of the people I have known since particularly the Cowboy fans. that the confirmation be subject to an I have come to the Senate is a man by But Steve’s friends also remember affirmative 60-vote threshold; that the name of Steve Mosley. If I had a him for his generosity. upon achieving that threshold, the picture of Steve Mosley, everyone Like the time he offered to help set nomination be confirmed, the motion would recognize him. He is a big man, up the wedding reception of one of his to reconsider be laid on the table and always smiling. He was someone who colleagues so the colleague would be there be no further motions in order, came to my office quite often for dif- able to go out and enjoy his bachelor the President be immediately notified ferent things he was assigned to do. I party. Steve never made it to the bach- of the Senate’s action, and the Senate had a number of conversations with elor party himself. He spent the night then resume legislative session. him. making sure everything was ready for The PRESIDING OFFICER. Is there He loved sports activities. He was a the reception. objection? season ticket holder for the Wash- One colleague recalled the time he The Republican leader. ington Wizards. He never missed a wanted to get a limousine for his Mr. MCCONNELL. Mr. President, I home game. He loved the Redskins and daughter on prom night but couldn’t ask there be a modification to allow hated the Dallas Cowboys. He was cer- afford to spend the money. He told Senator BUNNING 20 minutes of the tainly willing to say that at any time. Steve about it at work one day, and time available for the nomination of Steve has been a member of the Ser- the night of the prom, Steve showed up Kathleen Sebelius. geant at Arms team and family. For 32 at the house in a black Mercedes Benz Mr. REID. No problem at all with years he has been with Capitol Facili- that he had washed and waxed for the that, Mr. President. ties, ensuring the service needs of the occasion. Not only could the daughter The PRESIDING OFFICER. If there Capitol were met. It was bringing wood use Steve’s car for the prom—she could is no objection to the request as modi- to an office, it was doing some work have him as a chauffeur too. A couple fied, it is so ordered. that needed to be done because some- years later, Steve did the same thing Mr. REID. Mr. President, I would fi- one had messed up an office, moving for the girl’s younger brother. nally say we are working on Tom furniture—whatever it was, he was A lot of us have been here a long Strickland. Senator BUNNING has writ- available. time, but few of us have been here as ten a letter to Mr. Strickland. He is en- He was a native Washingtonian, mar- long as Steve was. He loved his job. He titled to a response, either orally or in ried to his wife Michelle for 26 years. took a lot of pride in doing it well. And writing. We hope to get that for him Steve had one child, a son, Steven, Jr. anytime someone new came on board, tomorrow. But we will work that out He is 25 years old. His son Steven, Jr. they knew they could learn the ropes, next week, we hope. We are going to be and his wife Michelle of course were and a lot more, from Steve Mosley. in session tomorrow. Hopefully I can both stunned when Steve died. He was Senator REID mentioned earlier that have that information for Senator only 52 years old. He was born on April the Senate is really a family. And BUNNING tomorrow. 12. whenever we lose somebody in the Sen- f As I said, he loved the Redskins; was ate, whichever office they are from or EXECUTIVE SESSION a season ticket holder. Also, he loved duty they perform, we lose a member Cadillacs and he had two of them. of the family. And with Steve it is like I think one of the most important we are losing one of the elders in that EXECUTIVE CALENDAR things to remember about Steve is that family. He takes a lifetime of proud Mr. DURBIN. Mr. President, I ask he cared deeply about people. He was and service with him and he leaves a unanimous consent the Senate proceed always the first to help, whether it was distinguished legacy and many friends to executive session to consider Cal- an Easter basket for one of the people behind. endar No. 47; that the nomination be who worked here who was in need of a So on behalf of the entire Senate, I confirmed, the motion to reconsider be little extra, or, for people who needed a want to extend our condolences to laid upon the table, no further motions ride, his Cadillac was always available Steve’s wife, Michelle, and to their son, be in order; that any statements relat- to take them wherever they needed to Steven, Jr, for their loss. And I want to ing to the nomination be printed in the go. take this opportunity to express my He died way too soon and we, as a deep appreciation and my thanks to RECORD; that the President be imme- Senate, certainly are not as good as we diately notified of the Senate’s action, our friend Steve for his many years of were before Steve died. He was loved by and the Senate then resume legislative devoted service. all of his coworkers at Capitol Facili- session. We’ll miss him. The PRESIDING OFFICER. Without ties in the Capitol. I will miss him. We f all will miss him. I want the RECORD to objection, it is so ordered. CHINA The nomination considered and con- be spread with the knowledge to his Mr. DORGAN. Mr. President, I am firmed is as follows: family that we cared about Steve as he cared about us. chairman of the Congressional-Execu- DEPARTMENT OF DEFENSE Our thoughts go with his family, that tive Commission on China, and I want Ashton B. Carter, of Massachusetts, to be they will be able to work through this to say a few words about China and a Under Secretary of Defense for Acquisition, Technology, and Logistics. time of bereavement as we look toward very courageous man in China who we a brighter day. believe now is in a Chinese prison and f Mr. MCCONNELL. Mr. President, I likely being tortured. I think it is very MORNING BUSINESS rise to note the sad and sudden passing important for our country to speak out Mr. DURBIN. Mr. President, I ask of a very familiar face to me and to about this issue. unanimous consent the Senate proceed many others around the Capitol. Let me say first, there are many to a period of morning business, with Steve Mosley had been a fixture on thoughtful and independent people in Senators permitted to speak for up to the Capitol Facilities staff for 32 years China today who understand the im- 10 minutes each. when he passed away last night—and portance of fundamental rights and the The PRESIDING OFFICER. Without those of us who knew him will miss his role of strong and independent legal in- objection, it is so ordered. great disposition and all that he did for stitutions. A few of these people work f so many years behind the scenes to for the Chinese Government. Many keep this place running smoothly. work at universities or with U.S. com- TRIBUTE TO STEVEN MOSLEY It has been noted that Steve was a panies and law firms. They care about Mr. REID. Mr. President, we talk a pretty serious Redskins fan. That is an the rule of law. Some of have cooper- lot around here about being a family, understatement. People who knew him ated with US agencies to increase food

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They apply what they know The treatment for that family in re- the same human rights we would ex- about the rule of law and the role of cent months was so brutal they decided pect them to be given? fundamental rights in very much the their survival depended on escaping China will be a significant part of our same way. Except that they choose to China. But Gao was too closely mon- future. I understand that. My plea sound the alarm when the rights of vul- itored and could not think of leaving today is to the Government of China to nerable people are violated. And in so them without placing his family at do the right thing with respect to this doing, they go to great lengths and even greater risk. courageous and brave man. place themselves at enormous personal So in January, Gao’s wife, 6-year-old As I indicated, his wife, Geng He, is risk. They defend the interests of con- son, and 16-year-old daughter were with us today here in Washington, DC. sumers whose children are poisoned by smuggled out of China. They then trav- I am not permitted to point her out in powdered milk. They help the families eled to the United States. After his the Senate galleries. But she, too, is a of earthquake victims. They seek to family fled China, security agents very courageous woman, and she wish- represent the rights of illegally de- seized Gao from his bed and he has not es very much to have this courageous tained Tibetan monks. They stand up been seen or heard from since. man, her husband, released from deten- for their country and its people. By We know this situation is extremely tion in China and be given his freedom. doing this, they are claimed to be en- grave because we know what the Chi- Mr. DODD. Mr. President, will my emies of the state. So who are the en- nese have done to him in their prison colleague yield? emies of the state? system previously. They have not of- Mr. DORGAN. Yes. I want to tell you about one man fered the slightest word about his Mr. DODD. I wish to thank my col- today, a man who is very courageous, a whereabouts, despite repeated requests league from North Dakota. This is a man named Gao Zhisheng. His wife is from United Nations agencies, the US very valuable contribution my col- visiting Washington, DC, today. I want government, foreign governments, league has made. It may only be one to tell you about him because it is so NGOs, and the media. All have asked individual, one family, but I think important for me to do so. for information about the whereabouts when we speak up on behalf of an indi- This is a photograph of this coura- of this courageous human rights law- vidual such as Mr. Gao, we do so for a geous lawyer from China: Gao yer, and the Chinese Government has lot of other people across the globe who Zhisheng, with his son, his wife, and said nothing. face the same kinds of restrictions he his daughter. He disappeared 80 days The Chinese Government has signed is going through. I wish to join with ago and has not been heard from since. or ratified many international human him in expressing our concern. We know 2 years ago he was arrested rights commitments about Mr. Gao I urge my colleagues to maybe craft by the Chinese secret police and put in Zhisheng that require it to come clean a letter of some kind we might be able prison and tortured—tortured with about Mr. Gao. I call on, and we call to send to the Ambassador here in electric shock and other devices I will on, today, the Chinese Government to Washington or to the appropriate gov- not describe. allow Mr. Gao to have access to a law- ernmental personalities or agencies in What was his transgression then? He yer, access to his family, and for the China to express our collective concern wrote an open letter to the U.S. Con- government to publicly state and jus- about this. I am the second-ranking gress asking us to pay some attention tify the grounds for the continued de- member of the Foreign Relations Com- to the lack of human rights that ex- tention of this courageous person. mittee, and I have a deep interest in isted in China. For writing an open let- The right to speak freely and the what he is talking about. ter to Members of the U.S. Congress, in right to challenge the Government—all I thank him immensely for taking a 2007, Gao Zhisheng, one of the most of these are enshrined in the Chinese few minutes this afternoon to address noted and distinguished human rights Constitution. Yet it appears the Chi- this issue. As the Senator points out, lawyers in China, was imprisoned for nese Government and the Communist we are not allowed to recognize people over 50 days and brutally tortured. Party that runs that Government is in- who are in the Chamber, but let it be Now, in 2009, he taken from his bed tent on upholding the violation of said that there is an individual who is by 10 members of the secret police, and these basic constitutional rights in the with us during these remarks who is has not been heard from since. Let me case of Mr. Gao. the wife of this individual. We thank tell you what has transpired. As I indicated, I am chairman of the her for her courage, her family’s cour- Mr. Gao Zhisheng has represented Congressional-Executive Commission age, and we will do everything we can some of the most vulnerable people in on China. We have the largest and the to support the efforts of our colleague China. They include persecuted Chris- most significant publicly accessible re- from North Dakota. tians, exploited coal miners, banned pository of political prisoners in China. The PRESIDING OFFICER. The Sen- Falun Gong practioners, and so many We have the largest, publicly acces- ator from North Dakota. others. He has always believed in the sible data base of information about Mr. DORGAN. Mr. President, I know power of law, using the law to battle many thousands of Chinese political the Senator from Utah will be recog- corruption, to overturn illegal property prisoners. nized. I wish to say that earlier this seizures, to expose police abuses, to de- There are many people today who week and later today I will be here to fend religious freedom. He is a devout languish in dark cells—dark cells—of talk about Roxana Saberi, who is im- Christian. He has fought to protect Chinese prisons because they spoke out prisoned in Iran. She is a constituent those who engage in peaceful spiritual to defend the rights of others. None has of mine. I have great concern about and religious practice in China. done so more than Mr. Gao, who is a these circumstances in Iran and China In 2005, the government took away noted and celebrated human rights and elsewhere, as all of us do. My his license to practice law, closed his lawyer, who has lost his law office, lost thoughts and prayers are with Roxana law practice. As I said, in 2007, they ar- his legal license, been imprisoned mul- and her family. Similarly, my thoughts rested him, threw him in prison, and tiple times, has now been ‘‘dis- and prayers are with the family of Mr. tortured him. Eventually, he was re- appeared’’ into the prison system, was Gao. leased and brought back home and tortured before, and we expect has been I am happy to yield the floor. placed under house arrest. The police tortured again. We need to put a stop The PRESIDING OFFICER. The Sen- surveillance proved almost harsher to it. ator from Utah. than prison. In fact, authorities mon- We need to find a way to convince Mr. HATCH. Mr. President, I am in- itored the family’s every movement, the Chinese Government to tell us debted to the distinguished Senator stationed an officer in the family’s liv- what has happened to Mr. Gao. What from North Dakota for his remarks ing room, prevented his daughter from have they done with him? How do they today, and I certainly join with him in

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4660 CONGRESSIONAL RECORD — SENATE April 23, 2009 requesting the Chinese Government to SGT Daniel J. Thompson, of Madison, SSG Solomon T. Sam, of Majuro, Mar- make this matter right. I am very WI; 1LT William E. Emmert, of Lin- shall Islands; SGT John J. Savage, of grateful he has taken the time to come coln, TN; CPL Michael L. Mayne, of Weatherford, TX; CPT Robert J. and tell us about Mr. Gao as well as Burlington Flats, NY; CPL Michael B. Yllescas, of Lincoln, NE; MSG Anthony this wonderful woman who is being Alleman, of Logan, UT; CPL Zachary Davis, of Deerfield, FL; Capt Warren A. held in Iran. I wish to compliment him R. Nordmeyer, of Indianapolis, IN; SSG Frank, of Cincinnati, OH; 1LT William for it and say that I wish to be identi- Mark C. Baum, of Telford, PA; SSG K. Jernigan, of Doraville, GA; SFC fied with his remarks. Jeremy E. Bessa, of Woodridge, IL; Miguel A. Wilson, of Bonham, TX; PVT f MSG David L. Hurt, of Tucson, AZ; Charles Yi Barnett, of Bel Air, MD; PFC Cwislyn K. Walter, of Honolulu, GySgt Marcelo R. Velasco, of Miami, HONORING OUR ARMED FORCES HA; SSgt Timothy P. Davis, of Aber- FL; Mr. LAUTENBERG. Mr. President, deen, WA; SFC Raymond J. Munden, of We cannot forget these men and another 5 months have passed, and Mesquite, TX; SSG Daniel L. Hansen, women and their sacrifice. These brave more American troops have lost their of Tracy, CA; CPL Stephen S. Thomp- souls left behind parents, spouses, chil- lives overseas in Iraq and Afghanistan. son, of Tulsa, OK; SSG Sean D. Dia- dren, siblings, and friends. We want I wish to honor their service and sac- mond, of Dublin, CA; SSG Marc J. them to know the country pledges to rifice by including their names in the Small, of Collegeville, PA; LTC Garnet preserve the memory of our lost sol- RECORD. R. Derby, of Missoula, MT; SGT Joshua diers who gave their lives for our coun- Since I last included the names of A. Ward, of Scottsville, KY; SPC Albert try. our fallen troops on November 20, 2008, R. Jex, of Phoenix, AZ; PFC Jonathan STAFF SERGEANT GARY LEE WOODS, JR. the Pentagon has announced the R. Roberge, of Leominster, MA; LCpl Mr. BAYH. Mr. President, I rise deaths of 123 troops in Iraq and in Op- Kevin T. Preach, of Bridgewater, MA; eration Enduring Freedom, which in- today with a heavy heart to honor the SSG Jason E. Burkholder, of Elda, OH; life of SSG Gary Lee Woods, Jr., from cludes Afghanistan. They will not be 1LT Jared W. Southworth, of Oakland, forgotten and today I submit their Shepherdsville, KY. Gary was 24 years IL; SPC Christopher P. Sweet, of old when he lost his life on April 10, names into the RECORD: Kahului, HI; SGT James M. Dorsey, of 2009, from injuries sustained from a LCpl Ray A. Spencer II, of Beardstown, IL; SGT Darrell L. truck bomb that detonated near his ve- Ridgecrest, CA; PFC Richard A. Fernandez, of Truth or Consequences, hicle in Mosul, Iraq. He was a member Dewater, of Topeka, KS; CPL Fran- NM; CW4 Milton E. Suggs, of Lockport, of the 1st Battalion, 67th Armor Regi- cisco X. Aguila, of Bayamon, Puerto LA; CWO Phillip Windorski Jr, of ment, 4th Infantry Division of Fort Rico; SGT Raul Moncada, of Madera, Bovey, MN; CWO Matthew G. Kelley, of Carson, CO. CA; SPC Michael J. Anaya, of Cameron, MO; CWO Joshua M. Tillery, Today, I join Gary’s family and Crestview, FL; SSG Gary L. Woods Jr., of Beaverton, OR; CWO Benjamin H. friends in mourning his death. Gary, of Lebanon Junction, KY; SFC Bryan Todd, of Colville, WA; Sgt David W. who was known to family and friends E. Hall, of Elk Grove, CA; SGT Edward Wallace III, of Sharpsville, PA; Sgt by his middle name, Lee, will forever W. Forrest Jr., of St. Louis, MO; CPL Trevor J. Johnson, of Forsyth, MT; be remembered as a loving husband, Jason G. Pautsch, of Davenport, IA; PVT Grant A. Cotting, of Corona, CA; son, and friend to many. He is survived PFC Bryce E. Gautier, of Cypress, CA; LCpl Julian T. Brennan, of Brooklyn, by his devoted wife, Christie; his father A1C Jacob I. Ramsey, of Hesperia, CA; NY; SGT Kyle J. Harrington, of Swan- and stepmother Gary and Debbie LCpl Blaise A. Oleski, of Holland Pat- sea, MA; SPC Matthew M. Pollini, of Woods; his mother and stepfather ent, NY; LCpl Stephen F. Dearmon, of Rockland, MA; SGT Ezra Dawson, of Becky and Pat Johnson; sisters Crossville, TN; SPC Adam M. Las Vegas, NV; SSG Carlo M. Robin- Britteny and Heather Woods and Kuligowski, of Arlington, VA; SPC son, of Lawton, OK; PFC Ricky L. Mandy Maraman; brothers Courtney Israel Candelaria Mejias, of San Turner, of Athens, AL; SSG Roberto and Troy Woods and Newman and Lorenzo, Puerto Rico; SGT Daniel J. Andrade Jr., of Chicago, IL; SSG Josh- Corey Johnson; grandparents Marilyn Beard, of Buffalo, NY; TSgt Phillip A ua R. Townsend, of Solvang, CA; SrA Waters and Nancy and Charlie Ratliff; Myers, of Hopewell, VA; SGT Devin C. Omar J. McKnight, of Marrero, LA; Sgt in-laws Rick and Elaine Houston; and a Poche, of Jacksonville, NC; LCpl Nel- Marquis R. Porter, of Brighton, MA; host of other friends and relatives. son M. Lantigua, of Miami, FL; LTJG LCpl Daniel R. Bennett, of Clifton, VA; Gary, a member of the JROTC at Francis L. Toner IV, of Narragansett, PVT Sean P. McCune, of Euless, TX; Bullitt Central High School, joined the RI; LT Florence B. Choe, of El Cajon, SGT Joshua L. Rath, of Decatur, AL; Army following his graduation from CA; SSG Raphael A. Futrell, of Ander- SPC Keith E. Essary, of Dyersburg, TN; high school. A gifted musician, Gary son, SC; SGT Jose R. Escobedo Jr., of SSG Justin L. Bauer, of Loveland, CO; sang and played the trombone, drums, Albuquerque, NM; Cpl Michael W. MAJ Brian M. Mescall, of Hopkinton, piano and guitar. He was also an ac- Ouellette, of Manchester, NH; Cpl An- MA; SPC Joseph M. Hernandez, of complished athlete and a member of thony L. Williams, of Oxford, PA; LCpl Hammond, IN; SGT Jason R. Parsons, Bullitt’s football team. Daniel J. Geary, of Rome, NY; PFC of Lenoir, NC; LCpl Jessie A. Cassada, While we struggle to express our sor- Adam J. Hardt, of Avondale, AZ; SPC of Hendersonville, NC; SSG Anthony D. row over this loss, we can take pride in Gary L. Moore, of Del City, OK; SGT Davis, of Daytona Beach, FL; LCpl the example Gary set as a soldier. Christopher P. Abeyta, of Midlothian, Chadwick A. Gilliam, of Mayking, KY; Today and always, he will be remem- IL; SGT Robert M. Weinger, of Round LCpl Alberto Francesconi, of Bronx, bered by family and friends as a true Lake Beach, IL; SPC Norman L. Cain NY; PFC Christopher W. Lotter, of American hero, and we cherish the leg- III, of Oregon, IL; SSgt Archie A. Tay- Chester Heights, PA; PFC Benjamin B. acy of his service and his life. lor, of Tomball, TX; SSgt Timothy L. Tollefson, of Concord, CA; SPC Tony J. As I search for words to do justice to Bowles, of Tucson, AZ; PO1 Theophilus Gonzales, of Newman, CA; LCpl Robert this valiant fallen soldier, I recall K. Ansong, of Bristow, VA; LCpl Pat- L. Johnson, of Central Point, OR; CPL President Abraham Lincoln’s words as rick A. Malone, of Ocala, FL; PFC Pat- Charles P. Gaffney Jr., of Phoenix, AZ; he addressed the families of soldiers rick A. Devoe, II, of Auburn, NY; 1LT MASA Joshua D. Seitz, of Sinking who died at Gettysburg: Daniel B. Hyde, of Modesto, CA; SPC Springs, PA; MAJ John P. Pryor, of We cannot dedicate, we cannot consecrate, Jessica Y. Sarandrea, of Miami, FL; Moorestown, NJ; SSG Christopher G. we cannot hallow this ground. The brave SGT Jeffery A. Reed, of Chesterfield, Smith, of Grand Rapids, MI; SPC Ste- men, living and dead, who struggled here, VA; Cpl Donte J. Whitworth, of phen M. Okray, of St. Clair Shores, MI; have consecrated it, far above our poor Nobelsville, IN; SGT Simone A. Robin- SPC Stephen G. Zapasnik, of Broken power to add or detract. The world will little son, of Dixmoor, IL; CPL Brian M. Arrow, OK; LCpl Thomas Reilly Jr., of note nor long remember what we say here, Connelly, of Union Beach, NJ; CPT London, KY; PFC Coleman W. but it can never forget what they did here. Brian M. Bunting, of Potomac, MD; Hinkefent, of Coweta, OK; SSG Jona- This statement is just as true today SGT Schuyler B. Patch, of Owasso, OK; than W. Dean, of Henagar, AL; PVT as it was nearly 150 years ago, as we SGT Scott B. Stream, of Mattoon, IL; Colman J. Meadows III, of Senoia, GA; can take some measure of solace in

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Montana’s history with our Honorable Governor Brian Schweitzer and country and for his profound commit- tribes, like those at the Federal level, Lieutenant Governor John Bohlinger, thank ment to freedom, democracy and peace. you. Throughout your administration, you has fluctuated greatly over the years. I pray that Gary’s family can find com- have opened the front doors of the Capitol to At first treatment was shameful, char- fort in the words of the prophet Isaiah the Tribes and we have walked through those acterized by war and violence. After who said, ‘‘He will swallow up death in doors many times. We look forward to con- the wars, the Federal Government en- tinuing our government-to-government rela- victory; and the Lord God will wipe gaged in neglect, by placing Indians on tionship throughout the next four years. away tears from off all faces.’’ I thank the distinguished members of the May God grant strength and peace to remote reservations and trying to for- get about them. At long last, we have Senate and House of Representatives and in those who mourn, and may God be with particular, the American Indian legislators all of you, as I know He is with Gary. moved to the more progressive and en- of Montana: lightened policy of today—self-deter- Representative Shannon Augare, House f mination. This shift has been a long Majority Whip WILDFIRE IN NORTH MYRTLE time in coming, but it is critical. Representative Tony Belcourt BEACH, SC Representative, Frosty Calf Boss Ribs Under this new policy, we appreciate Representative Carolyn Pease-Lopez Mr. GRAHAM. Mr. President, our tribes as sovereign units of government Representative David Roundstone hearts go out to the people of North and work with them in that capacity Senator Carol Juneau Myrtle Beach, SC, today. As you may to become self-sufficient through self- Senator Sharon Stewart-Peregoy, and Sen- determination. ator Jonathan Windy Boy know, North Myrtle Beach firefighters, We look to you for leadership and guidance along with firefighters from around One of the good things Montana does as the legislative session continues. South Carolina, are battling the worst on a biennial basis is ask an elected I would also like to recognize the state- wildfire to hit that area since 1976. tribal chairman to address a joint ses- wide elected officials in attendance today While the cause of the fire is un- sion of the Montana Legislature and Superintendent of Public Instruction, Denise known at this point, high winds have present a State of the Indian Nations Juneau, the first Indian woman to be elected fanned the flames resulting in a total speech. On March 10, 2009, James to state-wide public office; Attorney General damage of nearly 15,000 acres—23 Steele, Jr., who is both chairman of the Steve Bullock; Secretary of State Linda McCulloch and State Auditor Monica square miles. My understanding is that Confederated Salish and Kootenai Lindeen. officials on the scene estimate that the Tribes of the Flathead Reservation There are members of the Governor’s cabi- wildfire is about 75 to 80 percent con- and, the recently elected Chairman of net present today, as well as representatives tained at this point which is good the Montana-Wyoming Tribal Leaders from the offices of Senator Baucus, Senator news. Ninety firefighters from eight Council, addressed my former col- Tester, and Representative Rehberg. different departments from across leagues in the legislature. I found his I would especially like to thank and honor today Mr. Gilbert Horn, Sr. an Assiniboine of South Carolina are currently battling speech to be a thoughtful call for co- the Fort Belknap Indian Reservation, who, this blaze. operation in addressing the current like the more storied Navajos, used the As- It is at times like these when you economic problems we face. It was also siniboine language with Gerald Red Elk of really appreciate the hard work that a fascinating description of the history the Ft. Peck reservation to create a code our our firefighters do on our behalf. You of State/tribal relations. I think my enemies in World War II were never able to also appreciate the dangers. I under- colleagues in Congress will appreciate, break. At one point in the war Gilbert Horn stand that last night, two of our South and learn from it. I therefore ask unan- successfully attacked a Japanese machine gun post and despite finding his uniform rid- Carolina firefighters had to deploy imous consent to have Chairman their emergency fire shelters when dled with machine gun bullets managed to Steele’s speech printed in today’s survive unscathed. He was awarded the Con- they became surrounded by flames. RECORD. gressional Medal of Honor but this humble Both, I am told, are unhurt. There being no objection the mate- man felt like he didn’t deserve special rec- At this point, no injuries or fatalities rial was ordered to be printed n the ognition because he was only doing his job. have been reported and we should be RECORD, as follows: Thank you Gilbert Horn for your service to very thankful for that. However, many this country. Good afternoon. Thank you all. have lost their homes. Seventy homes Thank you House Speaker Bob Bergren. have been destroyed with another 29 se- Elected leaders, tribal elders, ladies and Thank you Senate President Robert Story. gentlemen: On behalf of the Tribal Nations verely damaged. I expect that that Thank you also to Margarett Campbell, a across the State of Montana, I am honored number, unfortunately, will likely go Fort Peck Tribal member and the first In- to present the State of the Tribal Nations up. Anyone who has ever lost a home to dian House Majority Floor Leader. address. My name is James Steele, Jr., and I a fire understands the sense of terrible Thank you for the opportunity to speak in am the Chairman of the Confederated Salish loss—the loss of the house they grew up this distinguished chamber and for the op- and Kootenai Tribes and the Chairman of the portunity to speak to the leaders of Mon- in and the loss of irreplaceable family Montana-Wyoming Tribal Leaders Council. tana, who have gathered here for this State We live in times of tremendous change, po- heirlooms. of the Tribal Nations address. I want to thank North Myrtle Beach litically and economically. We have seen his- I also thank the Montana National Guard tory made in the election of President Mayor Marilyn Hatley, the Governor, that presented the colors. You have served Barack Obama and his appointments of the his emergency management team, the our Nation well in putting yourself in harms most diverse cabinet in the history of the na- Forestry Commission, the State Fire way and you continue to serve through your tion. Marshall, the State national guard, the community service. As United States Sen- And we have also lost a great leader. This officials of Horry County, the South ators John McCain and Dan Inouye—them- past month, Crow Tribal Chairman Carl Carolina Red Cross, and the others who selves both war heroes have often pointed Venne passed away—a tremendous loss for out—American Indians have a proud tradi- are pitching in right now to put out the Crow Nation, Montana, and the Country. tion of serving in the military in the highest Carl was a former Chairman of the Montana- this fire. My understanding is that the percentage of any ethnic group in the United Wyoming Tribal Leaders Council and gave Red Cross has shelters open in North States. We ask our Creator for Godspeed for this address during the 2007 legislative ses- Myrtle Beach and is housing several all Americans that serve this great country sion. Please let us honor the passing of this hundred people tonight. in places far away and pray for their families great leader, this great man, and my friend, I want to applaud our firefighters for who also make tremendous sacrifices for the with a moment of silence. always standing ready to answer the freedoms we have. The Charles M. Russell painting that domi- call to action. I pray that they accom- May I ask Bruce Sun Child from the Chip- nates this Chamber serves as a reminder of pewa Cree Tribe to lead us in a prayer. the historic relationship between the Tribes plish their mission soon and come (Sun Child speaks in the Cree language.) and those who came west to this great coun- home safely to their families. And I Thank you Bruce for your words of prayer. try. Charlie Russell recognized that the com- pray for the families who have suffered I am pleased to introduce the Tribal Gov- ing of Lewis and Clark had a profound im- devastating losses. ernment leaders that have joined us today. pact on the Indian people, as our way of life

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4662 CONGRESSIONAL RECORD — SENATE April 23, 2009 was changed forever. In 1805, the economies yours. For too long our people have strug- The Chippewa Cree Tribe is engaging in en- of Native America were strong and thriving. gled in economically depressed communities. ergy development on and around the Rocky In fact, in his orders to Lewis and Clark, Our country is in the most severe economic Boy’s Reservation that will create more jobs, President Jefferson instructed the two cap- downturn in a generation. But for Indian generate revenue, and provide direct control tains to take note and report to him on the Country, this is not new as reservations have over development of land and resources. The economic activities of the Tribes, for Jeffer- long suffered with high levels of unemploy- Tribe has partnered with Native American son knew they were vibrant. Our families ment. The question is how can Montana help Resource Partners (NARP) to create a trib- were strong units. We depended on each its tribes develop and how can those tribes in ally-owned energy company for exploring other for our survival. There was food, cloth- turn assist Montana to develop its economy? and developing oil and gas resources. The ing and shelter with a strong religion and One source of information that I would ask priorities will be on natural gas exploration value system. An interesting aspect of Montana’s officials to look at is the study and development followed by wind energy Thomas Jefferson is that he had studied the funded by the State & Tribal Economic de- progress. governing structure of the six nations that velopment Commission and the University of The Blackfeet Nation is working to up- comprise the Iroquois Confederacy and he Montana called the Uncovering Economic grade Pikuni Industries to manufacture ma- was fascinated by the idea that there could Contributions of Montana’s American Indian terials for Defense Department contracts; be independent tribal governments who had Tribes. and oil drilling efforts have increased on the autonomy from one another but who also Montana’s reservations contribute to the western side of the Blackfeet Reservation. coalesced for their common good. Historians state economy by purchasing goods and serv- The Tribe is also in discussion with wind en- believe that the relationship between those ices from surrounding communities through- ergy producers about several wind projects tribes influenced Jefferson and played a role out the state with revenue generated from on the Reservation. in the crafting of the Constitution and the natural resource-based jobs, tribal busi- These are just a few examples—from establishment of the United States. nesses, federal funds that support some trib- among many—of the efforts tribal govern- The Russell mural depicts an event that al operations and revenue from tribal assets. ments are making to improve the health and took place on September 4, 1805 when Lewis Cooperative agreements between the well-being of our peoples. and Clark’s journey embarked on Salish ter- Tribes and State will improve the economic Even with high rates of unemployment, ritory at Ross Hole. The encounter between conditions of the reservations and would the seven Indian Reservations of Montana them and the Salish tribal people was a mon- benefit the State of Montana. and the state-recognized Little Shell Band of umental event that ultimately led to the State and tribal leaders, consider these Chippewa, contribute a combined total of $1 success of the expedition. The Salish people areas for cooperative agreements: billion annually to the Montana economy. graciously provided the explorers with fresh Partnerships focused on bringing a busi- Those numbers may surprise some people, horses, food and other vital supplies that ness development approach to tribal commu- but to those of you who work every day to were needed for their trek across the Bitter- nities though technical assistance and stra- make your home communities better for root Mountains to the Pacific Ocean. tegic partnerships. your people, these figures come as no sur- Without our assistance at Ross Hole and Improve management skills and the ability prise. that of other tribes along the way, who to land job-creating grants by using tribal This is an important time to come to- knows what the outcome of the journey colleges to train the workforce. gether. It’s important to remind ourselves would have been. These people came looking Assist Tribes with due diligence on energy and our surrounding communities that to- for a new life, for opportunity, for the free- development technologies. gether, we are greater than the sum of our dom to practice any religion they chose. These are just a few items to consider in parts. An example of that played out when They came looking for hope and opportunity, the efforts to improve the health and well- Transportation Director Jim Lynch reached and we as Indian people hold that in common being of our communities. out to Indian Country to coordinate con- with them today. Maybe if Indian people had The Salish and Kootenai Tribes are map- ference calls about economic stimulus dol- a strong policy on immigration things might ping out our future as energy providers. This lars and transportation funds. Our Nations have turned out quite differently!! effort will reach a new stage in 2015 when are hungry for improvement and the tax sta- Today, we begin another partnership. It is CSKT purchases Kerr Dam and becomes a tus of Indian reservations can be attractive a partnership that must be based on mutual supplier of hydroelectric energy. CSKT has to industry. respect and an understanding. We all must also successfully managed our local electric In the more immediate term, during this benefit if we as a state are to move forward. utility, Mission Valley Power, for the past 20 legislative session, you will hear many ideas What is essential if we as Indian people are years and now serves 14,000 Indian and non- to help make Montana, even better. going to survive is that the State of Mon- Indian customers. The Governor has already signed into law tana accepts the most basic premise that In- The great Crow Nation has taken a bold Senate Bill 39, sponsored by Senator Carol dian tribes are sovereign units of govern- step and signed an agreement with the Aus- Juneau, extending the duration of the Re- ment. It should be noted that the Constitu- tralian Energy Company to form the Many served Water Rights Compact Commission. I tion of the United States identifies three Stars Coal-to-Liquids Project. This effort thank Senator Juneau, this legislative body, units of government and those are federal, will bring significant opportunities to the and the Governor for taking quick action on state and Indian tribal governments. We are Crow people and to all Montanans, through this bill, which is so vital to the economic not racial groups who happen to live on a the creation of 4,000 Montana-based jobs, an future of my people and all Montanans. SB 39 particular land base and want what other in- increased tax base, and will have a vast posi- will allow the CSKT and the State the time terests groups want. We are the successors in tive economic impact. to negotiate a water compact that is fair for interest to those who signed treaties with The GROS Ventre and Assiniboine Tribes all who live on the reservation. the United States that allowed for Montana of the Fort Belknap Reservation have used While there are many bills worthy of sup- to be created. The United States does not their Indian Country Economic Development port, I must urge your support in particular sign Treaties with interest groups, they sign funds for the creation of the Little River for several bills that are vital in Indian treaties with governments and our treaties Smokehouse. This has brought great pride to Country because of their effect on our econo- were ratified by the United States Senate. the Assiniboine and Gros Ventre people. mies: They are binding contractual agreements in Thank you for this important program and House Bill 161, sponsored by Representa- which we reserved to ourselves the rights of please continue its funding this session. tive Shannon Augare, ratifying the Black- self-government and when the western states The Little Shell Chippewa Tribes continue feet water compact. This bill represents a joined the Union their enabling acts com- to receive our support in their endeavors to vital step in the journey towards fair and mitted them to respecting that authority. gain federal recognition. Senators Max Bau- just water rights for the Blackfeet Tribe and There are times when this phenomenon has cus and Jon Tester and Congressman Denny tribal members, and I thank Representative created jurisdictional problems but to a Rehberg have also supported the tribes in Augare for sponsoring the bill. great extent Montana, particularly in more their 31-year effort for recognition. House Bill 135, sponsored by Representa- recent years, has come to understand that The Northern Cheyenne is delicately bal- tive Tony Belcourt, funding the Peoples our relationship is one of two governments ancing energy development to create jobs Creek mitigation account, as part of the that must be built on mutual respect. I be- while being environmentally conscience with Fort Belknap water compact. With this bill, lieve that by carrying out this relationship their traditional values. the State begins to fulfill its obligations in a mutually respectful fashion we can bet- The Assiniboine and Sioux Tribes of the under the compact to the people of the Fort ter the lives of the people who live on Indian Fort Peck Reservation are proud to report Belknap Reservation. Thank you Represent- reservations as well as those who do not. I that they were the first to sign a revenue ative Belcourt—or Landslide Tony as some believe that Indian reservations are good for sharing agreement with the State of Mon- of us call him—for your sponsorship. Montana and can in fact significantly aid tana to eliminate duplicate taxation of new Senate Bill 201, sponsored by Senator Jesse Montana in the area of economic develop- oil and gas development on the reservation. Laslovich, revising the Crow water compact. ment. This creates a competitive business environ- This important bill allows the Crow Nation At this time it is important that we focus ment on the reservation, leading to more de- to access their interest earnings on funds ap- on economic development, job creation, edu- velopment of tribal oil and gas resources and propriated as part of the State of Montana’s cation and health care. These things go hand increased economic opportunities for tribal obligation under the compact. With these in hand and our concerns are the same as members. monies, the Crow will be able to set up their

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4663 water administration office, as well as com- for a way to spend a Saturday after- Alaska will serve their communities in plete the ratification process of their water noon. All year long, young people the following ways: compact in the U.S. Congress. I thank Sen- across America, indeed across the globe Youth volunteers, coordinated by ator Laslovich for sponsoring this legisla- Covenant House, will bring attention tion. identify and address the needs of their House Bill 158, sponsored by Representa- communities through community serv- to the importance of conservation, re- tive Shannon Augare, allowing for direct ice and service-learning opportunities. cycling, and educate youth about tribal access to economic development fund- They make positive differences in the Earth Day. ing. This bill allows tribes to directly access world around them, learn leadership Various youth service projects will the state’s Big Sky Economic Development and organizational skills, and gain in- be performed by Juneau youth at local program funding. Representative Augare un- sights into the problems of their fellow nonprofits. derstands that the tribes will need to access Members of the Eagle River Boys & all the resources they can to help their peo- citizens. ples during these times of economic crisis. Youth who are engaged in volunteer Girls Club provided ‘‘kid power’’ to fill Senate Bill 456, sponsored by Carol Juneau, service and service-learning activities 3000 Easter eggs. exempting tribally owned property from do better in school than their class- The Eielson Air Force Base Youth state property taxes, just as all governments mates who do not volunteer because Programs’ Inside & Out Club will clean in Montana are exempt from state property they see a direct connection to what to make it shine as much as the kids taxes. I am thankful for Senator Juneau’s they are learning and the real world in do. persistence in sponsoring this important bill, which they live. Youth who engage in Youth volunteers, coordinated by the which is a simple matter of fairness and an Anchorage Public Library, will help or- important symbol of respect for the state- volunteering and other positive activi- tribal government-to-government relation- ties are also more likely to avoid risky ganize summer reading celebration ma- ship. behaviors, such as drug and alcohol terials. I thank you for supporting the Indian use, crime, and promiscuity. Service Youth at Chugiak High School have Country Economic Development program, within the community also contributes produced and will show a docudrama contained in House Bill 2. This program, es- positively to young people’s character that simulates a drunk driving colli- tablished as part of the Governor’s budget in development, civic participation, and sion and help educate their peers about 2005, has been a critical engine of economic philanthropic activity as adults. the dangers of drunk driving. growth in Indian Country, and is now more Students at Steller Secondary School important than ever given the economic cri- A survey by Civic Enterprises found sis. that 47 percent of high school dropouts will provide the Covenant House resi- Legislators, as you deliberate in making reported that boredom in school was a dents with gift bags containing per- laws and decisions that affect the great primary reason why they dropped out. sonal hygiene products. State of Montana, let Charlie Russell’s High quality service-learning activities Alaska Youth and Family Network painting remind you of your obligation to in- can, however, help young people make volunteers will promote personal re- clude Native peoples as your neighbors, part- important connections between the sponsibility for wellness that focuses ners and friends. Let us move forward to- on youth with behavioral health prob- gether. curriculum and the challenges they see Thank you. in their communities. lems. Spirit of Youth volunteers from all LEM LEMTS. It is important, therefore, that the across Alaska, including Thorne Bay, f Senate encourage youth to engage in community service and to congratulate Ketchikan, Eagle River, Kodiak, An- GLOBAL YOUTH them for the service they provide. chorage, Palmer, Juneau, Cantwell, Ms. MURKOWSKI. Mr. President, I In an effort to recognize and support Kasaan, Nenana, Nome, Shageluk, Cor- rise to speak about a resolution desig- youth volunteers in my State, I am dova, Palmer, and Chugiak, will work nating April 24 through 26, 2009, as proud to acknowledge some of the ac- with their peers and adults on projects Global Youth Service Days. S. Res. 105 tivities that will occur this year in as varied as sharing their artistic tal- recognizes and commends the signifi- Alaska in observance of National and ents; organizing a potato feed fund- cant community service efforts that Global Youth Service Days: raiser to help the local library; running youth are making in communities Anchorage’s Promise, which works to a girls’ study group; offering free baby- across the country and around the mobilize all sectors of the community sitting, teaching Sunday school, and world on the last weekend in April and to build the character and competence helping the elderly at the local hos- every day. This resolution also encour- of Anchorage’s children and youth, has pital; raising money for youth activi- ages the citizens of the United States sponsored the annual Kids’ Day 3-day ties and easing community tensions; to acknowledge and support these vol- events in Anchorage again this year. improving the collective well-being of unteer efforts. S. Res. 105 passed the Youth provided significant service to youth; including people with disabil- Senate by unanimous consent on April their peers and to adults who attended ities in social activities; teaching 20, 2009. This sends a very strong mes- Kids’ Day activities last weekend: cheerleading and dance skills; coordi- sage of support to the thousands of Students educated the public on the 5 nating canned food drives; honoring youth across our great Nation who are Promises: Caring Adults, Safe Places, Haida culture through art and music; contributing positively to their com- Healthy Start and Future, Marketable working with Native elders to retain munities your efforts are recognized Skills, and Opportunities to Serve. Alaska Native boat making skills; re- and appreciated. Students from King Career Center sponding to emergencies; restoring Over the weekend, beginning this served as volunteer safety patrols. salmon habitat; learning about climate Friday, April 24, youth from across the Teens served as greeters and passed change and fire science; owning, oper- United States and around the world out bags, helped vendors set up their ating, and crewing a seine fishing boat; will carry out community service booths, and cleaned up during and after giving teens a forum to discuss polit- projects in areas ranging from hunger the event. ical issues; educating others about to literacy to the environment. Junior ROTC members provided secu- child labor; helping other youth to suc- Through this service, many will em- rity and helped with parking. ceed in realizing their dreams; helping bark on a lifelong path of service and Teens assisted Anchorage’s Promise students with disabilities excel in civic engagement in more than 100 Board members with tours and Opening physical education; and educating the countries around the world. Ceremony activities. public about domestic violence while This event is not isolated to one Three teens assisted the Kids in Na- advocating for justice and change. weekend a year. Global Youth Service ture Workshop for Parents and Care- The Alaska Teen Media Institute will Days is an annual public awareness and givers instructor. provide teens with the tools and train- education campaign that highlights One youth volunteer assisted staff at ing needed to produce their own stories the valuable contributions that young the Alaska Natural History Museum. told in their own voices to be shared people make to their communities Youth created cards to express sup- through a variety of media. throughout the year. port for our troops. Members of the Mountain View Boys The participation of youth in com- In addition to the Kids’ Day events, & Girls Club will kick off Mountain munity service is not just a nice idea young people from every region of View Cleanup Day.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4664 CONGRESSIONAL RECORD — SENATE April 23, 2009 Members of Alaska Youth Environ- EXERCISE TIGER solutions that last beyond today. I ask mental Action attended the Civics and Mr. BOND. Mr. President, today I unanimous consent to have today’s let- Conservation Summit in Juneau where rise to honor the 65th anniversary of ters printed in the RECORD. they met with legislators to talk about the Exercise Tiger operation and the There being no objection, the mate- issues they care about in their commu- American servicemen who took part in rial was ordered to be printed in the nities, including the Renewable Energy this exercise. I extend my gratitude to RECORD, as follows: Campaign. their dedication and service to the peo- It is time to wake up, America. All it would take [for the price to drop] is for Con- The Anchorage Youth Parent Foun- ple of Missouri and of the Nation. dation Peer Outreach Workers will gress to allow the oil companies to drill for On April 28, 1944, German Navy ‘‘E’’ oil anywhere in this country and the crude spread awareness of sexual assault in boats, patrolling the English Channel, April by hosting an Art Competition at oil price would drop $30 to $50 a barrel. I, for attacked eight American landing ships one, am tired of Congress blaming business the POWER Teen Clinic. engaged in training operation Exercise or the President for the problems of this Mr. President, I am so proud of all of Tiger. These operations, organized by country. Congress holds the key and they sit these young people. I value their ideal- the U.S. Army, were undertaken off a back and run up the government deficits ism, energy, creativity, and unique per- beach in Devon, England often pa- until the value of our dollar is falling like a rock, which, in turn, is driving up the price spectives as they volunteer to make trolled by German ‘‘E’’ torpedo boats. their communities better and assist of crude oil. With only one English ship to guard It was not that long ago that the Congress those in need. the convoy, there was a devastating of the 1990s showed fiscal responsibility. But, Many similarly wonderful activities surprise attack on the American ships this Congress shows that it is unwilling to will be taking place all across the Na- ending in multiple ships being sunk. try to solve any of the nation’s problems. tion. I encourage all of my colleagues Of the four thousand men who par- The deficit is snowballing into a problem to visit the Youth Service America ticipated in this critical operation, that cannot be ignored any longer it is hav- Web site—www.ysa.org—to find out ing an effect on all of our daily lives. nearly a quarter lost their life includ- There has been many articles recently about the selfless and creative youth ing over 200 men from the 3206th Quar- who are contributing in their own about the amount of oil that this country termaster Company located in Mis- has is not enough to solve this countries de- States this year. souri. Due to the secrecy of the mis- mands for oil, but it sure would go a long I thank my colleagues Senators sion, information on the fatalities was way towards balancing trade deficits and AKAKA, BAYH, BEGICH, BINGAMAN, only released after the successful com- have a huge effect on the economy. If Con- BROWN, BURR, CARDIN, COCHRAN, COL- pletion of the D-Day invasion. gress shows a willingness to do something LINS, CORNYN, DODD, DURBIN, FEINGOLD, April 28, 2009 marks the 65th historic about this problem, the commodities mar- kets reaction would be swift; no action, be FEINSTEIN, GILLIBRAND, GREGG, HAGAN, anniversary of the WWII Battle of Ex- HATCH, INOUYE, JOHNSON, KENNEDY, prepared to keep paying at the pump! ercise Tiger and an opportunity to rec- It is time to write our Senators and Rep- KLOBUCHAR, LANDRIEU, LAUTENBERG, ognize all the men who served and gave resentatives and tell them it is long overdue LEVIN, LIEBERMAN, LINCOLN, MARTINEZ, their life in that historic battle. I am that they do something about utilizing our MENENDEZ, MIKULSKI, MURRAY, BEN proud to say that we have renamed nation’s oil resources, and with a percentage NELSON, BILL NELSON, SPECTER, and U.S. Highway 54 in my home State of of the revenue from it to build renewable en- WHITEHOUSE for standing with me as Missouri as the WWII Exercise Tiger ergy plants like solar and wind generation projects. The politicians keep saying that original cosponsors of this worthwhile Expressway, in honor of the sailors and legislation, which will ensure that they are all for looking out for the poor and soldiers who paid the ultimate sac- the working class in this country but [that is youth across the country and the world rifice. The Missouri Exercise Tiger know that all of their hard work is not happening.] There is some huge possibili- Army and Navy Anchor Memorial has ties if Congress acts, if not we are starting to greatly appreciated. been built on the Audrain County see what the future looks like. f Court House Lawn in their memory. KYLE, Genesee. (At the request of Mr. REID, the fol- The servicemen who participated in lowing statement was ordered to be These high gas prices are making it more the Battle of Exercise Tiger are to be and more difficult for my family to just get printed in the RECORD.) commemorated for their heroic ac- to town for the basic essentials. We live on HUMAN RIGHTS IN KENYA tions. These men were an example for top of a mountain in Idaho, and it takes us ∑ Mr. KENNEDY. Mr. President, I take all American soldiers and a credit to 25 minutes just to drive down in town where this opportunity to call the attention the United States as it remains the we do our grocery shopping, banking, med- free and great country that it is today. ical care and prescription pick-up as well as of my colleagues to the serious dangers postal service, and any hardware or building that exist for human rights today in f supplies we might need as we are building a Kenya. I particularly express my con- IDAHOANS SPEAK OUT ON HIGH large house. Due to the increasing gas prices, cern about the death threats being we have had to condense our trips down to ENERGY PRICES made against Paul Muite, a distin- once a week, so we are not near as frequently guished human rights attorney in that Mr. CRAPO. Mr. President, in mid- patronizing the local businesses like we used country. June, I asked Idahoans to share with to. I would plead with Congress to please in- Mr. Muite is a native of Kenya who me how high energy prices are affect- crease our domestic oil supply as this is an ing their lives, and they responded by extreme hardship on thousands and thou- has been an outspoken critic of the sands of Idaho residents as well as the local hundreds of extrajudicial killings that the hundreds. The stories, numbering businesses. have taken place in Kenya since 2006, well over 1,200, are heartbreaking and DARLENE, Kamiah. and he has sought an investigation by touching. While energy prices have the International Criminal Court of dropped in recent weeks, the concerns Let me begin by saying that I sincerely ap- these killings. expressed remain very relevant. To re- preciate your decision to consult your con- The threats against him have esca- spect the efforts of those who took the stituents about the energy issue. Though the lated in recent weeks. This week, I opportunity to share their thoughts, I electorate may be vastly uninformed, it is nevertheless every citizen’s duty to be active learned that someone had thrust an am submitting every e-mail sent to me and politics, and you are encouraging this AK–47 in Mr. Muite’s face. through an address set up specifically laudable behavior. You deserve to be com- I urge the Government of Kenya to for this purpose to the CONGRESSIONAL mended. give high priority to this alarming sit- RECORD. This is not an issue that will Yet now I fear I must turn from a tone of uation, and to take all necessary steps be easily resolved, but it is one that de- praise to one of criticism because you re- to protect the safety of Mr. Muite and serves immediate and serious atten- quested personal—and thus emotionally- others struggling to defend the funda- tion, and Idahoans deserve to be heard. charged—anecdotes. Indeed you asked for mental human rights of the people of Their stories not only detail their policy opinions, too, but from your email, those seemed of secondary importance. Kenya. The world is watching and I struggles to meet everyday expenses, Anecdotes and emotions have no rightful hope my colleagues in the Senate will but also have suggestions and rec- place in the policy-making process, no mat- join in calling attention to this basic ommendations as to what Congress can ter how many you receive and how depress- issue.∑ do now to tackle this problem and find ing they are. The responses you receive will

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4665 be surely come primarily from the constitu- I work for a small semi-trailer manufac- low Congressman to this little test: Live like ents hit hardest by the high prices, yielding turer here in Boise. Our orders for new trail- this for a month, no congressional [perks]. a very skewed measurement of public opin- ers have fallen off considerably. Existing or- Assume you bring home $3,000/month: ion. ders are now being canceled at an alarming $1,000 mortgage or rent The hysteria regarding the oil ‘‘crisis’’ of rate. Every Monday morning there is a num- $500 college the day invariably clouds our judgment. It ber of trailers parked in front of our building $200 medical leads to proposals that lack all substance from owner operators calling it quits. I ask $300 gas and justification such as the gas tax holiday. all of my customers why and they all say the $300 food These ideas are motivated chiefly by per- diesel fuel prices are the reason. $250 car insurance $400 credit card sonal electoral concerns rather than a sin- Today, in our weekly sales meeting, the Total: $2,950.00 cere desire to help citizens. Using a conserv- owner told us we needed to get some orders In my exaggerated case, that does not ative estimate of 20 mpg for my compact car, on the schedule or the company will be lay- leave much for any car repairs (did I mention I would have to drive 725 miles a week this ing off 100 people. We have already reduced your car is 10 years old and because of all the summer just to save $100. This is the kind of our workforce by 50 since March. He went on money worries, it has lost 50 percent of its relief the American people need, really? Oh to say that if it continues he will have to value since Jan!)—So a new hybrid car is to- and, by the way, it would cost an estimated send 50 more home by the end of July. Like tally out of the question. Also, I forgot to $9 billion when our nation is the largest I said above, we are a small company, we had tell you that you worked in construction and debtor in the world. (I am not accusing you 400 employees total at the first of 2008. By have to have a big truck (3/4 ton) to haul of supporting this proposal, but it illustrates the end of July, we could cut our work force your tools and supplies around—no sissy my point.) by 50 percent. I have heard that since Janu- ary 1st the trucking industry has lost around two-seater hybrid for this job! Now that you Instead let us look at a major cause of this see what a family in Idaho is probably fac- problem; it is not speculators or Al-Qaeda. 800 trucks due to fuel prices. This is unac- ceptable and very unreasonable and our gov- ing. Over the period from 2000 when national Big oil wants the offshore oil leases opened ernment just stands by and lets it happen. prices were at approximately $1.50 per gallon made available. . . . Gee, from what I saw on GARY, Boise. till the year 2007 when prices were at ap- C–SPAN the other night, big oil is buying proximately $2.75 per gallon, inflation is esti- We need relief fast. These fuel and food and holding leases, but not drilling. This has mated at 17 to 40 percent. (This according to been going on since I believe the speaker said http://www.measuringworth.com.) Conserv- costs are killing our home budget. The baby boomers have having to continue to work to 1999 or so. Is not that kinda like artificially ative numbers indicate $1.50 in 2000 is worth controlling the supply? They want the $1.80 in 2007, while aggressive estimates pay for fuel. We are very concerned and we vote, so please help. leases, they have to work or forfeit them, no would value that same $1.50 at $2.11 in 2007. refund. We will not even mention the $56+ JOE and CHERI. And as the average gas price in 2007 was at billion profit (Websters definition: Income $2.75, simple arithmetic shows that inflation The oil-producing countries recent pursuit minus expenses). And then they have the accounts for at least a quarter of the price nerve to say they need the tax handouts be- increase and possibly as much as half of the of nuclear power—and their interest in in- vesting in British nuclear power is an inter- cause it is ‘‘good for the economy’’ and they increase. need it to protect the environment. We just Yet in the public arena, most still blame esting trend, I think. CLAUDIA. do not understand them! In a recent inter- the increase on speculators or price-gouging view shown on TV, none of the big oil CEOs oil companies or OPEC. Inflation is seldom Like most Americans, the high cost of gas would support environmental advertise- mentioned even though we have just seen has limited my trips to visit family and con- ments. how integral a role it has played. This prob- duct personal business—a necessity in rural The banks are making money investing in lem needs to be addressed. Our inflation in Idaho. oil, etc. Then they charge 11–>30 percent for turn is caused chiefly by our growing na- The only real solution to our energy prob- credit cards. Not every American is to blame tional debt and the expensive foreign policy lem is to wean this country off oil. Increased for the housing/banking bust! I just looked that it finances. I submit that entitlement domestic oil production would only be put- up my credit union rates for 0–$999.00, they spending is problematic too, but our military ting a band-aid on a gaping hole. It would are paying 0.50 percent APY. spending is much more easily curtailed be- not solve our energy needs and we would still It is about time to put [partisan and paro- cause public opinion is not as deeply en- be buying oil from abroad. It is also a finite chial interests aside] and do what is right for trenched in support of it. resource so in a few years time whatever the country. It does not matter if it is the Although I personally believe we should drop in the bucket ANWR might provide (no idea of a Republican, Democrat, or Inde- bring the troops home from Iraq and Afghan- one knows how much oil resides there), will pendent, if it is the right thing to do, support istan, I know you disagree, and I realize that eventually be gone. The only real solution is it! I will be unable to sway you on this issue. investment in alternative energy. Govern- After all of the ranting above, believe me However, military spending can still be read- ment-provided grants and subsidies to inno- that I still love and support America and ily cut back in other areas. I think our glob- vative entrepreneurs would eventually solve what its real values are. But I do [believe al military presence is a great place to start. our problems and sever the dependence on that far too many people in power have col- As of 2005, America held 737 foreign military Venezuela and the Middle East once and for lectively trashed America and are not being bases. The simple question is why. Why do all. forced to fix it.] we need a military presence in Japan or Ger- At the very least, this country can ‘‘tight- JERRY. many? This cannot be defended as merely en its belt’’ with regard to conservation. As part of the War on Terror, and yet these we all know, America uses more energy per My husband and I have been retired for al- bases and others like them are costing the capita than any other country. I have trav- most four years. We make $2,200 a month. We American taxpayer billions of dollars every eled abroad extensively and have thoroughly have a house payment of $1,000 a month. year. This is an encroachment on the na- enjoyed the availability of public transpor- When we retired, we were making plenty to tional sovereignty of other countries, but, tation—most of which is subsidized by the keep us. Since we have retired, everything more importantly, it is an exorbitant waste. government and small hot water heaters. has gone up. The nearest grocery store (very If there is a legitimate reason for our costly Thank you for considering my thoughts. small corner market) is 15 miles away. We global military presence, please inform me. COURTNEY, Kamiah. have to drive 100 miles round trip to do any But if not, you must agree that the financial kind of shopping, doctors, etc. Our home is benefit of shutting down these bases is too Even though I have a secure job at the INL very rural, so when we built it 28 years ago great to ignore. (Check out Nemesis by I do not consider myself to be rich I have it would have cost us $10,000 to run a natural Chalmers Johnson for more information on seen many problems brought on by the en- gas line, so we opted for propane, which has this topic.) ergy/housing/banking fiascoes. I just saw a risen to $3.00 a gallon. We have a wood stove I sincerely thank you for soliciting the news article where people who have min- to help, but the nearest wood to cut is 70 opinions of your constituents. As you may imum wage jobs are having to quit because miles one way. My husband has bone on bone have assumed by now, I have not been hard they cannot afford to drive to work!! Bread knees, and is in a lot of pain, so getting wood hit by high energy prices. I am going to be a has doubled in price due to the new emphasis is going to get harder and harder. When we college student in the fall, and I prefer riding of the administration placed on ethonal pro- retired we figured on being able to draw So- my bike to driving my car. I hope that you duction. My 401K plan has lost over $50,000 cial Security at 621⁄2. Now they have changed acknowledge the role of inflation in today’s since January 1, 2008. it to 66. My husband worked for 38 years and energy crisis, and I urge you to look at the I challenge you to try to live as a ‘normal’ was able to retire while he is still young. He rationale for our global military deploy- American. I have a $1,100 mortgage, a $500 will be 60 in three days. Yes, we are able to ment. Getting our fiscal house back in order payment for my daughter’s college edu- live, but there is nothing extra. At least we will have a real and palpable benefit for the cation, $250 in car insurance (for myself, my are doing better than my parents making American people, and solutions like scaling wife and two daughters), $300 for food (that is $1,200 a month and having to decide between back the military are the first step. just for my wife and myself) and about $300 eating, staying warm, and being able to buy EDDIE, Meridian. for gas. Why do not you challenge your fel- their prescription drugs, (that before the

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He went f you will ever read this, but it is worth a try. on to predict this ‘‘crunch’’ we are having as TRISH. something that OPEC has always said would REMEMBERING TIM WAPATO happen. ∑ I work for the federal government, but had Maybe it is time to take it away from the Mr. JOHNSON. Mr. President, I wish to make a difficult choice last week. I had to oil people. We have more oil in Alaska than to honor one of the most dedicated ad- decide on buying enough gasoline to get to Saudi Arabia, same with North Dakota, vocates for American Indian tribes in work for the next two weeks or providing ad- Pennsylvania, and nobody has any idea how my State of South Dakota and ditional food for my family. I commute daily much is in Utah. But I would never go for throughout the United States. On Sun- from 20 miles one way to work and do not drilling in ANWR. day, April 19, 2009, Tim Wapato was have an option to move at this time. The That is something you cannot image. The beauty is stunning, although they say the called home. Tim has long served many need for gasoline won over the additional issues important to Indian Country food. Please support Senator Crapo and Con- impact would be like a sheet of plywood in gressman Simpson as they work to provide the middle of a football field. I believe them throughout his life and I have included real solutions to our increased costs for en- to be liars. They have the best drillers in the his obituary below and ask that it be ergy instead of merely blaming the current world in Alaska. I have worked with all but printed in the RECORD. An enrolled administration and promising to raise taxes a few of them. They can drill from elsewhere member of the Colville Confederated as the only solutions. and get all the oil without going there, even Tribe in Eastern Washington, he made TOM, Ririe. if it is like the sheet of plywood. It will not stay that way. They are pigs and will ruin all his home in Rapid City, SD. My thoughts and prayers go out to his fam- I have just read through your website and they touch. Anyway, who would want a sheet have found only responses that support your of plywood in the middle of their football ily, including his wife, my friend, Gay conclusions. Are you afraid to post any dis- field? Kingman-Wapato, and their family. He sent on the subject? Yes, gas prices are at a For all they would get offshore would be will be greatly missed by everyone he record high and yes, many people are seeing dwarfed by it, anyway. Let us use our re- touched on his journey through this significant new bills and a reduction in their sources and tell OPEC that grain is $139 a world. spendable income. Some, certainly, are no bushel. Leave them alone. They hate us. If someone wanted me to stay away from them The information follows: longer able to stay out of debt. Nonetheless, there is no way they would ever have to say Sherman Timothy Wapato, 73, en- all of the solutions that you are proposing it twice. tered the Spirit World at his home in will do little to impact anyone’s pocketbook OLIVER, Salmon. or bottom line. Offshore drilling, whether it Rapid City, SD on Sunday, April 19, be in Florida or Alaska, will not ease the f 2009 as a result of heart failure. He was an enrolled Member of the Colville current situation. No new oil will flow out of ADDITIONAL STATEMENTS those areas for years. If you allow such ex- Confederated Tribe in Eastern Wash- ploration, who do you think will pay for the ington. new equipment and technology required to HONORING RECIPIENTS OF THE Sherman Timothy Wapato was the access such oil? I know who—either the con- PRESIDENTIAL UNIT CITATION second child of six children born to sumers or the taxpayers, but probably, both. Paul and Elizabeth Wapato. During More importantly, why are many Ameri- ∑ Mr. BUNNING. Mr. President, today I cans struggling to pay the increased cost of am honored to invite my colleagues to Tim’s early years of schooling, the gas? How many Prius drivers are com- join me in congratulating seven of my Family moved frequently, as Paul plaining? How many times did the Senate constituents who are recipients of the Wapato was an Evangelist Minister. vote down legislation to force automakers to distinguished Presidential Unit Cita- Tim went to nine different elementary manufacture more fuel efficient vehicles? schools prior to settling down in the On your website, you state, ‘‘It is why I tion. This rare and prestigious citation is given to military units for their out- Methow Valley (Washington) for Jr. support legislation to fully utilize proven High and High School. The ‘‘Wapato American oil and natural gas reserves in a standing bravery, gallantry and service way that preserves the environment for fu- as well as the unit’s performance in ac- Boys’’ were the only Indians attending ture generations.’’ How are you going to complishing its mission under extreme Winthrop, H.S. and were admired for fully utilize reserves and preserve the envi- and hazardous conditions. In January their abilities in school and in sports. ronment? Has there ever been an oil installa- 2009 this heroic award was conferred Tim graduated High School in 1953 in tion that preserves, or benefits the environ- upon the Alpha Troop, 11th Armored Winthrop, WA, where he excelled in ment? Cavalry Regiment for service in the sports and government. Tim was a pop- I am extremely happy that you support re- ular student and was well known for newable energies. Idaho certainly has a great Republic of South Vietnam. deal of renewable potential. We have great The individuals who received this his basketball prowess, good humor solar, wind, and water resources. Are you award include Mr. Dale H. Hollabaugh, and leadership abilities. He was Class aware that Idaho, as a state, offers some of Mr. James E. Jackson, Mr. Joseph D. President as well as Homecoming King. the most paltry incentives in the entire Boone, Mr. Gregory R. Stumbo, Mr. Tim then attended Washington State country? As a state, we do not even have a Kenneth Mosley, Mr. Clifton T. Geerde, University and California State Uni- net-metering law. and Mr. Kenneth E. Fulkerson. In 1970, versity at Los Angeles Majoring in Po- Renewable energies are currently poised to in War Zone C during the Vietnam con- litical Science, Public Administration be rapidly deployed, far faster than the dec- and Police Administration. ades required to extract the limited quan- flict, the Alpha Troop, First Squadron, tities of oil out of ANWR. 11th Armored Cavalry Regiment per- In 1955, Tim enlisted in the U.S. Before we vote to open vast areas to devel- formed heroically through a series of Army and was honorably discharged in opment, let us look forward to the future to combat missions over several months. 1957 where he was in Communications determine if this is a prudent thing to do. At After a 5-year review by the Depart- and played basketball for the Army. the very least, let us determine if it will ment of Defense, the unit was awarded Tim moved to Los Angeles, Cali- even solve the issue at hand. this citation. It is an incredible honor fornia in 1958 where he joined the Los JAKE, Driggs. to be a recipient of this award and I am Angeles Police Department. (LAPD) Please check out this web site. We would humbled to be able to speak of these With his quick-wit, coupled with pass- love to have your signature. http:// brave individuals. ing a series of LAPD exams and obvi- www.drillforamericanoil.com. We will never forget the brave citi- ous leadership abilities, at the young BOB. zens who fought to protect our free- age of 34, Tim quickly rose to the rank doms during this time. It is with great of Lieutenant, LAPD. Tim was the I worked on building the Alaska Pipeline honor that I recognize these citizens youngest to achieve that rank at that from 1972 to 1986 and have been back several age and at that time. Older Officers times. I have been on every National Geo- for what they have done and I know graphic and all the magazines, so I have seen that their families and friends are learned to ‘‘Trust’’ his Leadership and oil as crude and the finished product. The re- proud to be a part of their lives. follow his supervision. He supervised fining is basically the same as in 1973. The I would like to thank these individ- up to 188 Officers depending upon the cost is low to refine to gas stage. What I am uals for their contributions to the assignment and circumstances.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4667 As a LAPD Lieutenant of Police, Tim While Tim was at CRITFC, he was Indian Organization ever to purchase served as Officer-in-Charge of Detec- appointed by President Reagan in 1986 and own property on Capitol Hill. tive Special Investigative Teams han- to serve on the U.S. Pacific Salmon As Executive Director and chief man- dling homicide, robbery and narcotics; Commission. President Reagan re-ap- agement officer of NIGA, Tim provided Sex Crimes; Vice-Unit Investigations; pointed Tim to negotiate the Treaty overall leadership, direction and guid- Equal Opportunity and Development, between Canada and the United States ance to Indian Tribal Nations. He su- and the Affirmative Action Unit/Dis- to serve a second term in 1988. As a pervised employees, managed and guid- crimination Complaint Unit. Tim also Commissioner, Tim reported to U.S. ed all NIGA projects, developed and im- served as Patrol Division Watch Com- Secretary of State and was responsible plemented operating policies and pro- mander, Patrol Division Supervisor, for implementing the International cedures for investment funds, and pub- and an Instructor at the Academy on Treaty provisions between the U.S. and lic relations, including working with robbery and homicide investigations, Canada. His peers elected Tim to be the Congress. Namely, Tim developed and police-community relations and Amer- Chairman of the International Treaty directed a strategy for a coordinated ican Indian Culture awareness. He was Council, (the full Commission com- effort among public relations staff, at- a frequent Instructor at the Indian Po- prised of Canadian and U.S. Commis- torneys, lobbyists, and Indian Tribes to lice Academy at Roswell, New Mexico, sioners) with the responsibility of U.S. realize success with Congress and the training Officers to work on Indian Chief Negotiator in the annual negotia- Administration. Under his leadership, Reservations. While Officer-In-Charge tions on the Treaty with Canada. The this coalition was effective in stopping he was responsible for assessing the result was the Pacific Salmon Treaty attempts to pass harmful legislation in legal implications of each investiga- between the U.S. and Canada which ac- Congress; and strategies and rec- tion, assignment of investigative per- knowledged Tribes as sovereigns and ommendations were developed to sup- sonnel, and analysis, evaluation of sta- equal co-managers. port amendments beneficial to Tribes. tus and crime trends and recommenda- In 1989 Tim accepted a Senior Execu- The national press called upon Tim tions for strategic planning to address tive Service, Political Appointment often; again his quick wit and humor issues and programmatic concerns. and became the Commissioner of the gained him enduring relationships with In 1972 and 1973, through the Inter- Administration for Native Americans the media. In April 1994, NIGA won the governmental Personnel Act, the in the Department of Health and coveted National AWARD FOR ‘‘Cre- LAPD loaned S. Timothy Wapato to Human Services (HHS). Tim led ANA ativity in Public Relations’’ in New the Colville Confederated Tribe for a from 1989–1993. As, Commissioner for York City for the campaign/strategy Special Assignment to plan and design ANA, Tim was responsible for formu- implemented to educate the Public on a Tribal Police Department and a Trib- lating and administering a $34,000,000.00 Indian Gaming. budget to provide grants, contracts, al Court. Tim completed the design for Besides the coordinated Communica- technical assistance and training, the Department with a fish and wild tion effort, two major programs were interagency agreements and activities life enforcement section, fish and wild- developed under Tim’s NIGA leadership beneficial to ANA clients. He served as life biology section, court system, and to assist Tribes: public highway safety program. the principal advisor to the Sec. of the During the 21 years Tim served with U.S. Department of Health and Human The ITN or Integrated Tribal Net- the LAPD, Tim volunteered his off- Services (HHS) on Native American Af- work, an electronic communication duty time to work for the City of Los fairs, including Native Hawaiians, system, and the Institute for Tribal Angeles (LA) including the following; Samoans and other Pacific Islanders. Government, an educational depart- Chairman of the Los Angeles City- Tim provided testimony before Con- ment within NIGA to offer courses and County Native American Commission, gress, delivered keynote speeches at workshops to train and educate Tribes, Member of the Council for Peace and national, regional, tribal, federal and States and staff of Casinos on a wide Equality in Education, Member of the state meetings and worked on the reau- range of topics. In 1998, Tim first re- Board for the LA Indian Center, Presi- thorization of the ANA Legislation signed from NIGA, wanting to make an dent, United American Indian Council, within the Federal Govt., with Con- attempt at a third retirement, but his and President, American Indian Wel- gress and with key Indian organiza- resignation was not accepted by the come House. tions. Tim saw the need for improved Board. Later, Tim resigned again but Sherman Timothy Wapato retired coordination for Indian Tribes and remained faithfully committed to In- from the LAPD in 1979, after 21 years of helped establish the Inter-Agency dian Tribes but relocated to Rapid service to the City of Los Angeles and Council which served as liaison and co- City, SD, so that he and Gay could be after receiving numerous commenda- ordination within HHS and among fed- near family and take care of Gay’s fa- tions for his work. eral agencies to ensure effective inte- ther, Gus Kingman, who lived to be 104 After retirement, Tim immediately gration of programs and policies affect- years old. took a post with the Columbia River ing Native Americans. In his fourth retirement, Tim served Inter-Tribal Fish Commission While ANA Commissioner, Tim was as the Executive Director of the Inter- (CRITFC) where he worked for 10 years, also appointed to membership in the Tribal Bison Cooperative in Rapid City (1979–1989). Initially Tim was the Direc- Senior Executive Service Advisory until he experienced a stroke in August tor of Fisheries Protection and En- Board, U.S. Office of Personnel Man- of 2000. forcement. In 1980 Tim was appointed agement, and to the Native American Tim and Gay formed Kingman/ by the Board of Directors to Executive Veterans Coordinating Council with Wapato & Associates, an Indian owned Director of the Commission. He exe- the Department of Veterans Affairs. consulting, lobbying and technical as- cuted and administered grants and con- Upon leaving Government Service in sistance firm. Soon thereafter, the tracts, supervised over 65 legal, tech- 1993, the Tribal Nations asked S. Tim- Great Plains Tribes asked them to help nical and administrative employees othy Wapato and his wife, A. Gay King- organize the Great Plains Tribal Chair- and was responsible for administering a man to develop and establish a Na- man’s Association where Gay con- $5.5 million annual budget. He directed tional Indian Gaming Association tinues to work as Executive Director. the analysis, evaluation, formulation (NIGA) Office in Washington, DC. Tim Tim never let his health challenges and implementation of policy, judicial and Gay founded NIGA and through hold him back; right up until his death, and legislative initiatives, developed hard work and long hours developed he continued to give speeches, expert cooperative working agreements with NIGA into a powerful national organi- advice and served on several national international, national, federal state, zation for Indian Tribes. NIGA’s DC of- boards, including the National Center and regional parties for the benefit of fice roots began in their home, discus- for American Indian Enterprise Devel- Tribal and intertribal interests in the sions held frequently around the kitch- opment and the Institute for Tribal areas of water rights, regulation and en table, but the success of their work Government, Portland State Univer- enforcement, treaty rights, hydropower on the organization quickly expanded sity. He remained active in NIGA, Na- fishing rights and resource manage- to increasingly larger offices on Cap- tional Congress of American Indians, ment. itol Hill. In 1995, the NIGA was the first Veterans Affairs, legislation politics,

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4668 CONGRESSIONAL RECORD — SENATE April 23, 2009 and was a mentor to many young peo- Mrs. Cole, one of its reading clerks, an- enhance the COPS ON THE BEAT grant pro- ple as they continued the battles for nounced that the House insists upon its gram, and for other purposes. Indian Tribes. amendment to the resolution (S. Con. H.R. 1145. An act to implement a National Tim was highly respected throughout Res. 13) setting forth the congressional Water Research and Development Initiative, and for other purposes. the United States and touched many budget for the United States Govern- lives. He received many honors and was ment for fiscal year 2010, revising the f known for his brilliant mind, his wise appropriate budgetary levels for fiscal MEASURES REFERRED advice, his humor, his vision, his capa- year 2009, and setting forth the appro- The following bills were read the first bilities, his ability to provide leader- priate budgetary levels for fiscal years and the second times by unanimous ship in crisis and his strength of will. 2011 through 2014, and asks a con- consent, and referred as indicated: Though a tireless leader, he always ference with the Senate on the dis- made time and always had a kind word agreeing votes of the two Houses there- H.R. 749. An act to amend the Federal Election Campaign Act of 1971 to permit can- for his family and his extended family, on; and appoints Mr. SPRATT, Mr. didates for election for Federal office to des- of which he has legion. In his life’s BOYD, Ms. DELAURO, Mr. RYAN of Wis- ignate an individual who will be authorized work, Tim had a skill for cutting consin, and Mr. HENSARLING as man- to disburse funds of the authorized campaign through to the core issue, no matter agers of the conference on the part of committees of the candidate in the event of how complex, then inspiring those the House. the death of the candidate; to the Committee around him to join hands to either on Rules and Administration. take care of a problem or take advan- At 12:24 p.m., a message from the H.R. 957. An act to authorize higher edu- tage of an opportunity. It would be in- House of Representatives, delivered by cation curriculum development and graduate adequate to label Tim simply as a vi- Mr. Zapata, one of its reading clerks, training in advanced energy and green build- ing technologies; to the Committee on En- sionary, because he himself would cor- announced that the House has passed the following bills, in which it requests ergy and Natural Resources. rect such a label and point out that to- H.R. 1139. An act to amend the Omnibus gether, we did not all just see or talk, the concurrence of the Senate: Crime Control and Safe Streets Act of 1968 to rather we all made real things happen H.R. 586. An act to direct the Librarian of enhance the COPS ON THE BEAT grant pro- and stood our shared ground. That is Congress and the Secretary of the Smithso- gram, and for other purposes; to the Com- Tim’s truly unique legacy, providing nian Institution to carry out a joint project mittee on the Judiciary. at the and the National guideposts to those who stand proudly H.R. 1145. An act to implement a National Museum of African American History and Water Research and Development Initiative, in Tim’s wake by having experienced a Culture to collect video and audio recordings man—never daunted, habitually prin- and for other purposes; to the Committee on of personal histories and testimonials of in- Environment and Public Works. cipled, strategically defiant, possessing dividuals who participated in the Civil H.R. 1580. An act to authorize the Adminis- great perspective yet a healthy appre- Rights movement, and for other purposes. trator of the Environmental Protection ciation for satire, and always hopeful. H.R. 749. An act to amend the Federal Agency to award grants for electronic device Tim was preceded in death by his Election Campaign Act of 1971 to permit can- recycling research, development, and dem- parents, Reverend Paul Wapato (1955) didates for election for Federal office to des- onstration projects, and for other purposes; and Elizabeth Wapato (1994), his Sister, ignate an individual who will be authorized to the Committee on Environment and Pub- to disburse funds of the authorized campaign lic Works. Esther KeAna Wapato (1965) and Phillip committees of the candidate in the event of Francis Wapato (1961) H.R. 1679. An act to provide for the replace- the death of the candidate. ment of lost income for employees of the S. Timothy Wapato is survived by his H.R. 957. An act to authorize higher edu- House of Representatives who are members wife, Gay Kingman, of Rapid City, SD; cation curriculum development and graduate of a reserve component of the armed forces son Stephen Timothy Wapato (Megan), training in advanced energy and green build- who are on active duty for a period of more Wenatchee, WA and daughters KeAna ing technologies. H.R. 1580. An act to authorize the Adminis- than 30 days, and for other purposes; to the Wapato Conrad and Theresa Wapato Committee on Homeland Security and Gov- Borgia of Southern California; son trator of the Environmental Protection Agency to award grants for electronic device ernmental Affairs. Charles Robertson (Kathy), Vernon recycling research, development, and dem- H.R. 1824. An act to provide assistance to Robertson (Corina); and brothers Paul onstration projects, and for other purposes. Best Buddies to support the expansion and G. Wapato Jr. (Ruth), Spokane, WA, H.R. 1626. An act to make technical amend- development of mentoring programs, and for Titus R. Wapato, Santa Monica, CA, ments to laws containing time periods af- other purposes; to the Committee on Health, and James W. Wapato, Bouse, AZ. To- fecting judicial proceedings. Education, Labor, and Pensions. gether, Tim and Gay have 20 Grand- H.R. 1679. An act to provide for the replace- f ment of lost income for employees of the children and 4 Great Grandchildren House of Representatives who are members MEASURES PLACED ON THE with one on the way. Over the years, of a reserve component of the armed forces CALENDAR Tim & Gay have mentored numerous who are on active duty for a period of more The following bill was read the sec- young people and have a vast extended than 30 days, and for other purposes. ond time, and placed on the calendar: family who love and respect them.∑ H.R. 1824. An act to provide assistance to Best Buddies to support the expansion and H.R. 1664. An act to amend the executive f development of mentoring programs, and for compensation provisions of the Emergency MESSAGES FROM THE PRESIDENT other purposes. Economic Stabilization Act of 2008 to pro- The message also announced that the hibit unreasonable and excessive compensa- Messages from the President of the tion and compensation not based on perform- United States were communicated to House agreed to the following concur- ance standards. rent resolutions, in which it requests the Senate by Mrs. Neiman, one of his f secretaries. the concurrence of the Senate: REPORTS OF COMMITTEES f H. Con. Res. 86. Concurrent resolution au- thorizing the use of Emancipation Hall in The following reports of committees EXECUTIVE MESSAGES REFERRED the Capitol Visitor Center for the unveiling were submitted: of a bust of Sojourner Truth. As in executive session the Presiding By Mr. SCHUMER, from the Committee on Officer laid before the Senate messages H. Con. Res. 101. Concurrent resolution providing for the acceptance of a statue of Rules and Administration: from the President of the United Ronald Wilson Reagan from the people of Special Report entitled ‘‘Report on the States submitting sundry nominations California for placement in the United Resolution (S. Res. 73) Authorizing Expendi- which were referred to the appropriate States Capitol. tures by Committees of the Senate’’ (Rept. committees. No. 111–14). (The nominations received today are At 5:16 p.m., a message from the f printed at the end of the Senate pro- House of Representatives, delivered by EXECUTIVE REPORTS OF ceedings.) Mrs. Cole, one of its reading clerks, an- COMMITTEES f nounced that the House has passed the following bills, in which it requests the The following executive reports of MESSAGES FROM THE HOUSE concurrence of the Senate: nominations were submitted: At 10:51 a.m., a message from the H.R. 1139. An act to amend the Omnibus By Mr. INOUYE for the Committee on House of Representatives, delivered by Crime Control and Safe Streets Act of 1986 to Commerce, Science, and Transportation.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4669 *April S. Boyd, of the District of Columbia, unit of the National Park System; to the tary men and women who have been recipi- to be an Assistant Secretary of Commerce. Committee on Energy and Natural Re- ents of the Medal of Honor, and to promote *Cameron F. Kerry, of Massachusetts, to sources. awareness of what the Medal of Honor rep- be General Counsel of the Department of By Mr. VOINOVICH: resents and how ordinary Americans, Commerce. S. 872. A bill to establish a Deputy Sec- through courage, sacrifice, selfless service *Robert S. Rivkin, of Illinois, to be Gen- retary of Homeland Security for Manage- and patriotism, can challenge fate and eral Counsel of the Department of Transpor- ment, and for other purposes; to the Com- change the course of history; to the Com- tation. mittee on Homeland Security and Govern- mittee on Banking, Housing, and Urban Af- *Roy W. Kienitz, of Pennsylvania, to be mental Affairs. fairs. Under Secretary of Transportation for Pol- By Mr. LUGAR: By Mr. BINGAMAN (for himself and icy. S. 873. A bill to expand and improve Coop- Mr. GRASSLEY): *Peter H. Appel, of Virginia, to be Admin- erative Threat Reduction Programs, and for S. 884. A bill to amend title 23, United istrator of the Research and Innovative other purposes; to the Committee on Armed States Code, to remove privatized highway Technology Administration, Department of Services. miles as a factor in apportioning highway Transportation. By Mr. BINGAMAN (for himself and funding; to the Committee on Environment *Dana G. Gresham, of the District of Co- Mr. UDALL of New Mexico): and Public Works. lumbia, to be an Assistant Secretary of S. 874. A bill to establish El Rio Grande Del By Mr. BINGAMAN (for himself and Transportation. Norte National Conservation Area in the Mr. GRASSLEY): *Joseph C. Szabo, of Illinois, to be Admin- State of New Mexico, and for other purposes; S. 885. A bill to amend the Internal Rev- istrator of the Federal Railroad Administra- to the Committee on Energy and Natural Re- enue Code of 1986 to provide special deprecia- tion. sources. tion and amortization rules for highway and *Sherburne B. Abbott, of Texas, to be an By Mr. SPECTER (for himself, Mr. related property subject to long-term leases, Associate Director of the Office of Science TESTER, and Mr. GRASSLEY): and for other purposes; to the Committee on and Technology Policy. S. 875. A bill to regulate the judicial use of Finance. *Coast Guard nomination of Vice Adm. presidential signing statements in the inter- By Mr. NELSON of Florida: David P. Pekoske, to be Vice Admiral. pretation of Acts of Congress; to the Com- S. 886. A bill to establish a program to pro- *Coast Guard nomination of Rear Adm. mittee on the Judiciary. vide guarantees for debt issued by State ca- John P. Currier, to be Vice Admiral. By Mr. SPECTER (for himself and Mr. tastrophe insurance programs to assist in *Coast Guard nomination of Capt. Robert WHITEHOUSE): the financial recovery from natural catas- trophes; to the Committee on Banking, E. Day, Jr., to be Rear Admiral (Lower Half). S. 876. A bill to provide for the substitution Housing, and Urban Affairs. *Coast Guard nomination of Rear Adm. of the United States in certain civil actions By Mr. DURBIN (for himself and Mr. Jody A. Breckenridge, to be Vice Admiral. relating to electronic service providers and GRASSLEY): Mr. INOUYE. Mr. President, for the FISA; to the Committee on the Judiciary. By Mr. SPECTER: S. 887. A bill to amend the Immigration Committee on Commerce, Science, and S. 877. A bill to provide for the non-discre- and Nationality Act to reform and reduce Transportation I report favorably the tionary Supreme Court review of certain fraud and abuse in certain visa programs for following nomination lists which were civil actions relating to the legality and con- aliens working temporarily in the United States and for other purposes; to the Com- printed in the RECORDS on the dates in- stitutionality of surveillance activities; to mittee on the Judiciary. dicated, and ask unanimous consent, to the Committee on the Judiciary. By Mr. LAUTENBERG (for himself and By Mr. SCHUMER: save the expense of reprinting on the S. 888. A bill to amend the Internal Rev- Executive Calendar that these nomina- Mr. VOINOVICH): S. 878. A bill to amend the Federal Water enue Code of 1986 to terminate certain incen- tions lie at the Secretary’s desk for the Pollution Control Act to modify provisions tives for oil and gas; to the Committee on Fi- information of Senators. relating to beach monitoring, and for other nance. The PRESIDING OFFICER. Without purposes; to the Committee on Environment By Mr. SPECTER (for himself and Mr. ASEY): and Public Works. C objection, it is so ordered. S. 889. A bill to amend the Agricultural Ad- By Ms. COLLINS (for herself and Mr. *Coast Guard nomination of Michael J. justment Act to require the Secretary of Ag- IEBERMAN): McNeil, to be Lieutenant Commander. L riculture to determine the price of all milk S. 879. A bill to amend the Homeland Secu- *Coast Guard nomination of Desarae A. used for manufactured purposes, which shall rity Act of 2002 to provide immunity for re- Janszen, to be Lieutenant Commander. be classified as Class II milk, by using the ports of suspected terrorist activity or sus- By Mrs. BOXER for the Committee on En- national average cost of production, and for picious behavior and response; to the Com- vironment and Public Works. other purposes; to the Committee on Agri- mittee on the Judiciary. *Regina McCarthy, of Massachusetts, to be culture, Nutrition, and Forestry. By Mr. LUGAR (for himself and Mr. an Assistant Administrator of the Environ- By Mr. REID (for Mr. ROCKEFELLER): mental Protection Agency. BAYH): S. 890. A bill to provide for the use of im- By Mr. LEAHY for the Committee on the S. 880. A bill to amend title XVIII of the proved health information technology with Judiciary. Social Security Act to permit a Medicare respect to certain safety net health care pro- R. Gil Kerlikowske, of Washington, to be beneficiary to elect to take ownership, or to viders; to the Committee on Health, Edu- Director of National Drug Control Policy. decline ownership, of a certain item of com- cation, Labor, and Pensions. Ronald H. Weich, of the District of Colum- plex durable medical equipment after the 13- By Mr. BROWNBACK (for himself, Mr. bia, to be an Assistant Attorney General. month capped rental period ends; to the DURBIN, and Mr. FEINGOLD): Committee on Finance. *Nomination was reported with rec- S. 891. A bill to require annual disclosure By Ms. MURKOWSKI (for herself, Mr. to the Securities and Exchange Commission ommendation that it be confirmed sub- BEGICH, Mr. AKAKA, and Mr. INOUYE): of activities involving columbite-tantalite, ject to the nominee’s commitment to S. 881. A bill to provide for the settlement cassiterite, and wolframite from the Demo- respond to requests to appear and tes- of certain claims under the Alaska Native cratic Republic of Congo, and for other pur- tify before any duly constituted com- Claims Settlement Act, and for other pur- poses; to the Committee on Banking, Hous- mittee of the Senate. poses; to the Committee on Energy and Nat- ing, and Urban Affairs. (Nominations without an asterisk ural Resources. By Mr. MENENDEZ: By Mr. REID (for Mr. KENNEDY (for were reported with the recommenda- S. 892. A bill to authorize the Secretary of himself and Mr. GRASSLEY)): Education to award grants to educational or- tion that they be confirmed.) S. 882. A bill to amend the Federal Food, ganizations to carry out programs about the f Drug, and Cosmetic Act to ensure the safety Holocaust; to the Committee on Health, Edu- and quality of medical products and enhance INTRODUCTION OF BILLS AND cation, Labor, and Pensions. the authorities of the Food and Drug Admin- By Mr. SCHUMER: JOINT RESOLUTIONS istration, and for other purposes; to the S. 893. A bill to establish the Office of Im- The following bills and joint resolu- Committee on Health, Education, Labor, and ported and Domestic Product Safety in the tions were introduced, read the first Pensions. Department of Commerce and the Product By Mr. KERRY (for himself and Mr. Safety Coordinating Council to improve the and second times by unanimous con- GRAHAM): management, coordination, promotion, and sent, and referred as indicated: S. 883. A bill to require the Secretary of oversight of food and product safety respon- By Mr. INOUYE (for himself and Mr. the Treasury to mint coins in recognition sibilities, to improve consumer and business AKAKA): and celebration of the establishment of the access to food and product safety informa- S. 871. A bill to authorize the Secretary of Medal of Honor in 1861, America’s highest tion, and for other purposes; to the Com- the Interior to conduct a special resources award for valor in action against an enemy mittee on Commerce, Science, and Transpor- study of the Honoliuli Internment Camp site force which can be bestowed upon an indi- tation. in the State of Hawaii, to determine the vidual serving in the Armed Services of the By Mr. CASEY (for himself and Mr. suitability and feasibility of establishing a United States, to honor the American mili- BAYH):

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A bill to provide for an annual com- (Mr. FEINGOLD) was added as a cospon- and critical access hospitals by estab- prehensive report on the status of United sor of S. 307, a bill to amend title XVIII lishing a bipartisan commission to ex- States efforts and the level of progress of the Social Security Act to provide amine factors that affect the effective achieved to counter and defeat Al Qaeda and its related affiliates and undermine long- flexibility in the manner in which beds delivery of such services, by providing term support for the violent extremism that are counted for purposes of deter- for additional payments for certain helps sustain Al Qaeda’s recruitment efforts; mining whether a hospital may be des- physician services furnished in such to the Committee on Foreign Relations. ignated as a critical access hospital emergency departments, and by estab- f under the Medicare program and to ex- lishing a Centers for Medicare & Med- empt from the critical access hospital icaid Services Working Group, and for SUBMISSION OF CONCURRENT AND inpatient bed limitation the number of other purposes. SENATE RESOLUTIONS beds provided for certain veterans. S. 482 The following concurrent resolutions S. 310 At the request of Mr. FEINGOLD, the and Senate resolutions were read, and At the request of Mrs. BOXER, the name of the Senator from Oregon (Mr. referred (or acted upon), as indicated: name of the Senator from Massachu- MERKLEY) was added as a cosponsor of By Mr. KOHL (for himself and Mr. setts (Mr. KERRY) was added as a co- S. 482, a bill to require Senate can- VOINOVICH): sponsor of S. 310, a bill to amend the didates to file designations, state- S. Res. 111. A resolution recognizing June 6, 2009, as the 70th anniversary of the tragic Public Health Service Act to ensure ments, and reports in electronic form. date when the M.S. St. Louis, a ship carrying that safety net family planning centers S. 491 Jewish refugees from Nazi Germany, re- are eligible for assistance under the At the request of Mr. WEBB, the name turned to Europe after its passengers were drug discount program. of the Senator from Alabama (Mr. SES- refused admittance to the United States; to S. 354 SIONS) was added as a cosponsor of S. the Committee on the Judiciary. At the request of Mr. WEBB, the name 491, a bill to amend the Internal Rev- By Mr. NELSON of Nebraska (for him- of the Senator from Oregon (Mr. enue Code of 1986 to allow Federal ci- self, Mr. SESSIONS, Mrs. HUTCHISON, ERKLEY vilian and military retirees to pay Mr. COCHRAN, Mr. BAYH, Mr. CRAPO, M ) was added as a cosponsor of Mr. BUNNING, Mr. ENZI, Mr. COBURN, S. 354, a bill to provide that 4 of the 12 health insurance premiums on a pretax Mr. LUGAR, Mr. CHAMBLISS, Mr. weeks of parental leave made available basis and to allow a deduction for BURR, Mr. BROWN, Mr. CARPER, Mr. to a Federal employee shall be paid TRICARE supplemental premiums. ALEXANDER, Mr. INHOFE, Mrs. LIN- leave, and for other purposes. S. 535 COLN, Mr. RISCH, Mr. BENNETT, Mr. S. 395 At the request of Mr. NELSON of Flor- THUNE, Mr. CASEY, Mr. HATCH, Mr. At the request of Mrs. FEINSTEIN, the ida, the name of the Senator from New WARNER, Ms. MURKOWSKI, Mr. name of the Senator from Michigan Jersey (Mr. MENENDEZ) was added as a BEGICH, Mr. CONRAD, and Mr. JOHANNS): (Mr. LEVIN) was added as a cosponsor of cosponsor of S. 535, a bill to amend S. Res. 112. A resolution designating Feb- S. 395, a bill to direct the Librarian of title 10, United States Code, to repeal ruary 8, 2010, as ‘‘Boy Scouts of America Congress and the Secretary of the requirement for reduction of survivor Day’’, in celebration of the 100th anniversary Smithsonian Institution to carry out a annuities under the Survivor Benefit of the largest youth scouting organization in joint project at the Library of Congress Plan by veterans’ dependency and in- the United States; to the Committee on the and the National Museum of African demnity compensation, and for other Judiciary. By Mr. WEBB (for himself and Mr. American History and Culture to col- purposes. WARNER): lect video and audio recording of per- S. 546 S. Res. 113. A resolution designating April sonal histories and testimonials of in- At the request of Mr. REID, the name 23, 2009, as ‘‘National Adopt A Library Day’’; dividuals who participated in the Civil of the Senator from New Mexico (Mr. considered and agreed to. Rights movement, and for other pur- UDALL) was added as a cosponsor of S. By Mrs. BOXER (for herself, Ms. poses. 546, a bill to amend title 10, United SNOWE, Ms. MIKULSKI, Mrs. MURRAY, S. 405 States Code, to permit certain retired Mrs. GILLIBRAND, Ms. CANTWELL, Mrs. SHAHEEN, Mrs. FEINSTEIN, and Ms. At the request of Mr. LEAHY, the members of the uniformed services who COLLINS): name of the Senator from Georgia (Mr. have a service-connected disability to S. Con. Res. 19. A concurrent resolution ex- CHAMBLISS) was added as a cosponsor of receive both disability compensation pressing the sense of Congress that the S. 405, a bill to amend the Internal from the Department of Veterans Af- Shi’ite Personal Status Law in Afghanistan Revenue Code of 1986 to provide that a fairs for their disability and either re- violates the fundamental human rights of deduction equal to fair market value tired pay by reason of their years of women and should be repealed; to the Com- mittee on Foreign Relations. shall be allowed for charitable con- military service or Combat-Related tributions of literary, musical, artistic, Special Compensation. f or scholarly compositions created by S. 557 ADDITIONAL COSPONSORS the donor. At the request of Mr. MARTINEZ, the S. 144 S. 456 names of the Senator from Pennsyl- At the request of Mr. KERRY, the At the request of Mr. DODD, the name vania (Mr. CASEY) and the Senator names of the Senator from North Caro- of the Senator from Michigan (Ms. from Massachusetts (Mr. KERRY) were lina (Mr. BURR) and the Senator from STABENOW) was added as a cosponsor of added as cosponsors of S. 557, a bill to South Carolina (Mr. DEMINT) were S. 456, a bill to direct the Secretary of encourage, enhance, and integrate Sil- added as cosponsors of S. 144, a bill to Health and Human Services, in con- ver Alert plans throughout the United amend the Internal Revenue Code of sultation with the Secretary of Edu- States, to authorize grants for the as- 1986 to remove cell phones from listed cation, to develop guidelines to be used sistance of organizations to find miss- property under section 280F. on a voluntary basis to develop plans ing adults, and for other purposes. S. 301 to manage the risk of food allergy and S. 614 At the request of Mr. GRASSLEY, the anaphylaxis in schools and early child- At the request of Mrs. HUTCHISON, the name of the Senator from New Mexico hood education programs, to establish names of the Senator from Michigan (Mr. BINGAMAN) was added as a cospon- school-based food allergy management (Mr. LEVIN) and the Senator from sor of S. 301, a bill to amend title XI of grants, and for other purposes. Vermont (Mr. SANDERS) were added as the Social Security Act to provide for S. 468 cosponsors of S. 614, a bill to award a transparency in the relationship be- At the request of Ms. STABENOW, the Congressional Gold Medal to the tween physicians and manufacturers of name of the Senator from Georgia (Mr. Women Airforce Service Pilots drugs, devices, biologicals, or medical CHAMBLISS) was added as a cosponsor of (‘‘WASP’’). supplies for which payment is made S. 468, a bill to amend title XVIII of the S. 636 under Medicare, Medicaid, or SCHIP. Social Security Act to improve access At the request of Mr. THUNE, the S. 307 to emergency medical services and the name of the Senator from Mississippi At the request of Mr. WYDEN, the quality and efficiency of care furnished (Mr. COCHRAN) was added as a cospon- name of the Senator from Wisconsin in emergency departments of hospitals sor of S. 636, a bill to amend the Clean

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4671 Air Act to conform the definition of re- uals with disabilities and older Ameri- (Mr. ENZI) and the Senator from Ne- newable biomass to the definition cans with equal access to community- braska (Mr. NELSON) were added as co- given the term in the Farm Security based attendant services and supports, sponsors of S. Con. Res. 14, a concur- and Rural Investment Act of 2002. and for other purposes. rent resolution supporting the Local S. 639 S. 701 Radio Freedom Act. At the request of Mr. INHOFE, the At the request of Mr. KERRY, the S. CON. RES. 18 name of the Senator from Oregon (Mr. name of the Senator from Louisiana At the request of Mr. FEINGOLD, the WYDEN) was added as a cosponsor of S. (Mr. VITTER) was added as a cosponsor name of the Senator from New Jersey 639, a bill to amend the definition of of S. 701, a bill to amend title XVIII of (Mr. MENENDEZ) was added as a cospon- commercial motor vehicle in section the Social Security Act to improve ac- sor of S. Con. Res. 18, a concurrent res- 31101 of title 49, United States Code, to cess of Medicare beneficiaries to intra- olution supporting the goals and ideals exclude certain farm vehicles, and for venous immune globulins (IVIG). of World Malaria Day, and reaffirming other purposes. S. 714 United States leadership and support At the request of Mr. WEBB, the name S. 645 for efforts to combat malaria. of the Senator from Pennsylvania (Mr. At the request of Mrs. LINCOLN, the S. RES. 84 CASEY) was added as a cosponsor of S. names of the Senator from Idaho (Mr. 714, a bill to establish the National At the request of Mr. LEVIN, the RISCH) and the Senator from Wash- Criminal Justice Commission. names of the Senator from New Jersey ington (Ms. CANTWELL) were added as (Mr. MENENDEZ) and the Senator from S. 731 cosponsors of S. 645, a bill to amend Massachusetts (Mr. KERRY) were added At the request of Mr. NELSON of Ne- title 32, United States Code, to modify braska, the names of the Senator from as cosponsors of S. Res. 84, a resolution the Department of Defense share of ex- Alabama (Mr. SESSIONS), the Senator urging the Government of Canada to penses under the National Guard Youth from Connecticut (Mr. LIEBERMAN) and end the commercial seal hunt. Challenge Program. the Senator from North Dakota (Mr. S. RES. 94 S. 654 DORGAN) were added as cosponsors of S. At the request of Mr. AKAKA, the At the request of Mr. BUNNING, the 731, a bill to amend title 10, United name of the Senator from Georgia (Mr. name of the Senator from Iowa (Mr. States Code, to provide for continuity ISAKSON) was added as a cosponsor of S. HARKIN) was added as a cosponsor of S. of TRICARE Standard coverage for cer- Res. 94, a resolution designating April 654, a bill to amend title XIX of the So- tain members of the Retired Reserve. 2009 as ‘‘Financial Literacy Month’’. cial Security Act to cover physician S. 779 AMENDMENT NO. 996 services delivered by podiatric physi- At the request of Mr. LAUTENBERG, At the request of Mr. INHOFE, the cians to ensure access by Medicaid the names of the Senator from Massa- name of the Senator from Wyoming beneficiaries to appropriate quality chusetts (Mr. KERRY) and the Senator (Mr. ENZI) was added as a cosponsor of foot and ankle care. from Missouri (Mrs. MCCASKILL) were amendment No. 996 proposed to S. 386, S. 655 added as cosponsors of S. 779, a bill to a bill to improve enforcement of mort- At the request of Mr. JOHNSON, the amend titles 23 and 49, United States gage fraud, securities fraud, financial name of the Senator from Oregon (Mr. Code, to modify provisions relating to institution fraud, and other frauds re- MERKLEY) was added as a cosponsor of the length and weight limitations for lated to federal assistance and relief S. 655, a bill to amend the Pittman- vehicles operating on Federal-aid high- programs, for the recovery of funds lost Robertson Wildlife Restoration Act to ways, and for other purposes. to these frauds, and for other purposes. S. 816 ensure adequate funding for conserva- AMENDMENT NO. 1000 At the request of Mr. CRAPO, the tion and restoration of wildlife, and for At the request of Mrs. BOXER, the other purposes. name of the Senator from Idaho (Mr. names of the Senator from Virginia RISCH) was added as a cosponsor of S. S. 663 (Mr. WEBB) and the Senator from Or- 816, a bill to preserve the rights grant- At the request of Mr. NELSON of Ne- egon (Mr. WYDEN) were added as co- ed under second amendment to the braska, the name of the Senator from sponsors of amendment No. 1000 pro- Constitution in national parks and na- New York (Mr. SCHUMER) was added as posed to S. 386, a bill to improve en- tional wildlife refuge areas. a cosponsor of S. 663, a bill to amend forcement of mortgage fraud, securi- title 38, United States Code, to direct S. 832 ties fraud, financial institution fraud, At the request of Mr. NELSON of Flor- the Secretary of Veterans Affairs to es- and other frauds related to federal as- ida, the name of the Senator from tablish the Merchant Mariner Equity sistance and relief programs, for the re- North Carolina (Mrs. HAGAN) was added Compensation Fund to provide benefits covery of funds lost to these frauds, as a cosponsor of S. 832, a bill to amend to certain individuals who served in and for other purposes. title 36, United States Code, to grant a the United States merchant marine Federal charter to the Military Offi- AMENDMENT NO. 1002 (including the Army Transport Service cers Association of America, and for At the request of Mr. THUNE, the and the Naval Transport Service) dur- other purposes. names of the Senator from Utah (Mr. ing World War II. S. 864 BENNETT), the Senator from Wyoming S. 671 At the request of Mr. DORGAN, the (Mr. ENZI) and the Senator from Ari- At the request of Mrs. LINCOLN, the name of the Senator from Ohio (Mr. zona (Mr. KYL) were added as cospon- name of the Senator from Oregon (Mr. BROWN) was added as a cosponsor of S. sors of amendment No. 1002 proposed to MERKLEY) was added as a cosponsor of 864, a bill to amend the Internal Rev- S. 386, a bill to improve enforcement of S. 671, a bill to amend title XVIII of the enue Code of 1986 to expand tax-free mortgage fraud, securities fraud, finan- Social Security Act to provide for the distributions from individual retire- cial institution fraud, and other frauds coverage of marriage and family thera- ment accounts for charitable purposes. related to federal assistance and relief pist services and mental health coun- S. 869 programs, for the recovery of funds lost selor services under part B of the Medi- At the request of Mr. THUNE, the to these frauds, and for other purposes. care program, and for other purposes. name of the Senator from Wyoming f S. 683 (Mr. ENZI) was added as a cosponsor of At the request of Mr. HARKIN, the S. 869, a bill to require the Secretary of STATEMENTS ON INTRODUCED names of the Senator from Connecticut the Treasury to use any amounts re- BILLS AND JOINT RESOLUTIONS (Mr. LIEBERMAN), the Senator from paid by a financial institution that is a By Mr. INOUYE (for himself and New Jersey (Mr. LAUTENBERG), the Sen- recipient of assistance under the Trou- Mr. AKAKA): ator from California (Mrs. BOXER) and bled Assets Relief Program for debt re- S. 871. A bill to authorize the Sec- the Senator from Washington (Mrs. duction. retary of the Interior to conduct a spe- MURRAY) were added as cosponsors of S. CON. RES. 14 cial resources study of the Honoliuli S. 683, a bill to amend title XIX of the At the request of Mrs. LINCOLN, the Internment Camp site in the State of Social Security Act to provide individ- names of the Senator from Wyoming Hawaii, to determine the suitability

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4672 CONGRESSIONAL RECORD — SENATE April 23, 2009 and feasibility of establishing a unit of the United Japanese Society of Hawaii, prehensive leadership and management the National Park System; to the Com- Japanese American Citizens League, to improve the efficiency and effective- mittee on Energy and Natural Re- The Conservation Fund, Densho, Na- ness of the Department,’’ further un- sources. tional Trust for Historic Preservation, derscoring the need for good manage- Mr. INOUYE. Mr. President, I rise Japanese American National Heritage ment. In 2007, the Homeland Security today to introduce a bill that would Coalition and the Friends of Minidoka. Advisory Council Culture Task Force authorize the Secretary of the Interior This legislation will enable the Na- Report also detailed persisting organi- to conduct a Special Resources Study tional Park Service to study these im- zational challenges within DHS and of the Honouliuli Gulch and associated portant sites in my state and make prescribed leadership and management sites located in the State of Hawaii in recommendations to Congress regard- models designed to empower employ- order to determine the suitability and ing the best approach to conserve and ees, foster collaboration, and encour- feasibility of designating these sites as manage these sites to tell this chapter age innovation. The third recommenda- a unit of the National Park System. in our Nation’s history to current and tion of the report was that DHS estab- During World War II, over 1,000 Japa- future generations. lish an operational leadership position. nese Americans were incarcerated in at I would urge my colleagues to sup- The report noted, ‘‘[a]lignment and in- least eight locations on Hawaii. In a re- port this legislation. tegration of the DHS component orga- port completed in 2007, the Japanese nizations is vital to the success of the Cultural Center of Hawaii documented By Mr. VOINOVICH: DHS mission. The [Culture Task Force] these sites that include Honouliuli S. 872. A bill to establish a Deputy believes there is a compelling need for Gulch, Sand Island, and the US Immi- Secretary of Homeland Security for the creation of a Deputy Secretary for gration Station on Oahu, the Kilauea Management, and for other purposes; Operations, DSO, who would report to Military Camp on the Big Island, to the Committee on Homeland Secu- the Secretary and be responsible for Haiku Camp and Wailuku County Jail rity and Governmental Affairs. the high level Department-wide meas- on Maui, and the Kalaheo Stockade Mr. VOINOVICH. Mr. President, I ures aimed at generating and sus- and Waialua County Jail on Kauai. rise today with my good friend and taining seamless operational integra- These camps also held approximately partner on the Oversight of Govern- tion and alignment of the component 100 local residents of German and ment Management Subcommittee, Sen- organizations.’’ For these reasons, as part of the Im- Italian ancestry. ator AKAKA, to address the critical Those detained included the leaders management challenges facing the De- plementing Recommendations of the 9/ 11 Commission Act of 2007, Congress of the Japanese immigrant community partment of Homeland Security, DHS, clarified that the role and responsibil- in Hawaii, many of whom were taken by introducing the Effective Homeland ities of the Under Secretary for Man- from their homes and families in the Security Management Act of 2009. I am agement would include serving as the hours after the attack on Pearl Harbor. proud to have Senators CARPER and Chief Management Officer and prin- LEVIN also joining us in this important The forced removal of these individuals cipal advisor to the Secretary on the began a nearly four year odyssey to a effort. This legislation would elevate the management of DHS. In that legisla- series of camps in Hawaii and on the tion Congress also provided that the role and responsibilities of the current continental US. Over 1,000 immediate Under Secretary for Management DHS Under Secretary for Management family members of these men joined would be responsible for strategic man- to a Deputy Secretary of Homeland Se- their husbands, fathers and relatives in agement and annual performance plan- curity for Management while pre- mainland camps. The detainees were ning, identification and tracking of serving the authority of the Secretary never formally charged and granted performance measures, and the man- and Deputy Secretary of DHS as the only token hearings. Many of the de- agement integration and trans- tainees’ sons served with distinction in first-and second-highest ranking DHS formation process in support of DHS the US armed forces, including the leg- officials, respectively. Under the legis- operations and programs. The Imple- endary 100th Battalion, 442nd Regi- lation, the individual appointed as the menting Recommendations of the 9/11 mental Combat Team and Military In- Deputy Secretary for Management Commission Act of 2007 also estab- telligence Service. would be the third highest ranking offi- lished managerial and leadership quali- This report found that both the cial at DHS and would serve a five year fications for the Under Secretary for Kilauea Military Camp and the term in order to provide management Management and increased the pay Honouliuli sites feature historic re- continuity at DHS during times of scale for that Under Secretary. sources and recommended that the leadership transition, such as following However, there continue to be signifi- sites be nominated for listing on the a presidential election like the one we cant management challenges associ- National Register for Historic Places. just experienced. ated with integrating DHS, whose cre- In 2008, the Japanese Cultural Center of In the Homeland Security Act of 2002, ation represented the single largest re- Hawaii published a more detailed ar- Congress established the position of structuring of the Federal Government cheological reconnaissance of the Under Secretary for Management to since the creation of the Department of Honouliuli site. This report found that oversee the management and adminis- Defense in 1947. In addition to its com- there were numerous historic features tration of DHS. However, management plex mission of securing the Nation that would qualify the site for National issues have persisted at DHS since its from terrorism and natural hazards Historic Register and further rec- creation. In 2003, the Government Ac- through protection, prevention, re- ommended that the site be conserved. countability Office, GAO, included im- sponse, and recovery, leadership of The Japanese Cultural Center of Ha- plementing and transforming DHS on DHS has the enormous task of unifying waii is currently working with Mon- its high-risk list of programs suscep- 200,000 employees from 22 disparate santo, the landowner, to nominate the tible to waste, fraud, abuse, and mis- Federal agencies. This January, GAO Honouliuli Gulch site to be listed on management. Similarly, in December again included implementing and the National Historic Register. 2005, the DHS Inspector General issued transforming DHS on its high-risk list, So far I have received letters in sup- a report warning of major management noting that ‘‘[a]lthough DHS has made port of this legislation from a range of challenges facing DHS. The report progress in transforming into a fully local, regional and national organiza- noted that although progress has been functioning department, this trans- tions, including the Japanese American made since DHS’ inception, formation remains high risk because National Museum, Hawaiian Historical ‘‘[i]ntegrating its many separate com- DHS has not yet developed a com- Society, Go For Broke National Edu- ponents in a single, effective, efficient, prehensive plan to address the trans- cation Center, Japan America Society and economical Department remains formation, integration, management of Hawaii, Honolulu Chapter of the one of DHS’s biggest challenges.’’ Fur- and mission challenges GAO identified Japanese Citizens League, Japanese ther, DHS’s own Performance and Ac- since 2003. . . DHS has developed an In- Cultural Center of Hawaii, Honolulu countability Report, released in No- tegrated Strategy for High Risk Man- Japanese Junior Chamber of Com- vember 2006, states that it did not meet agement that outlines the depart- merce, MIS Veterans Club of Hawaii, its strategic goal of ‘‘providing com- ment’s process for, among other things,

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4673 assessing risks and proposing initia- the purpose of section 3345 of title 5, United rity Act of 2002 (6 U.S.C. 101(b)) is amended tives to address challenges, but the States Code, the Deputy Secretary of Home- by striking the item relating to section 701 strategy lacks details for the trans- land Security is the first assistant to the and inserting the following: Secretary. formation of DHS and integration of ‘‘Sec. 701. Deputy Secretary of Homeland ‘‘(B) DEPUTY SECRETARY FOR MANAGE- its management functions. DHS has Security for Management.’’. MENT.—When by reason of absence, dis- (3) EXECUTIVE SCHEDULE.—Section 5313 of also developed corrective action plans ability, or vacancy in office, neither the Sec- title 5, United States Code, is amended by to address management challenges that retary nor the Deputy Secretary of Home- striking the item relating to the Under Sec- contain several of the key elements land Security is available to exercise the du- retary of Homeland Security for Manage- ties of the office of the Secretary, the Dep- GAO has identified for a corrective ac- ment, and inserting the following: uty Secretary of Homeland Security for tion plan . . . However, the plans gen- ‘‘Deputy Secretary of Homeland Security Management shall act as Secretary. erally do not contain measures to for Management.’’. gauge performance and progress, nor do ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- they identify the resources needed to RETARY.—In the case of a vacancy in the of- fice of the Deputy Secretary of Homeland By Mr. LUGAR: carry out the corrective actions identi- Security, or of the absence or disability of S. 873. A bill to expand and improve fied.’’ the Deputy Secretary of Homeland Security, Cooperative Threat Reduction Pro- As former Chairman and now Rank- the Deputy Secretary of Homeland Security grams, and for other purposes; to the ing Member of the Oversight of Govern- for Management may exercise all the duties Committee on Armed Services. ment Management Subcommittee, im- of that office. proving the management structure at ‘‘(3) FURTHER ORDER OF SUCCESSION.—The Mr. LUGAR. Mr. President, today I DHS has been one of my top priorities. Secretary may designate such other officers rise to introduce the Nunn-Lugar Coop- The Subcommittee’s Chairman, Sen- of the Department in further order of succes- erative Threat Reduction Improvement sion to act as Secretary.’’. ator AKAKA, and I have been com- Act of 2009. (b) RESPONSIBILITIES.—Section 701 of the The proliferation of weapons of mass mitted to ensuring that DHS has the Homeland Security Act of 2002 (6 U.S.C. 341) proper tools to make continual im- is amended— destruction remains the number one provements in its operations. Because (1) in the section heading, by striking national security threat facing the management challenges persist at ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- United States and the international DHS, I believe the existing Under Sec- UTY SECRETARY OF HOMELAND SECU- community. Our success in responding retary for Management position at RITY’’; to this threat depends on cooperation DHS’s lacks sufficient authority to di- (2) in subsections (a) through (c) by strik- with other nations and on maintaining rect the type of sustained leadership ing ‘‘Under Secretary for Management’’ each a basic consensus on non-proliferation place that term appears and inserting ‘‘Dep- and overarching management integra- principles. The Nunn-Lugar Program uty Secretary of Homeland Security for has become the primary tool through tion and transformation strategy that Management’’. is needed department-wide, and Con- (c) APPOINTMENT, EVALUATION, AND RE- which the U.S. works to safely destroy gress must elevate that Under Sec- APPOINTMENT.—Section 701(c) of the Home- nuclear, chemical, and biological war- retary’s role. The legislation I offer land Security Act of 2002 (6 U.S.C. 341) is fare capacity. Through Nunn-Lugar, today would do that and would provide amended— the U.S. has eliminated more nuclear the focused, high-level attention that (1) in the subsection heading, by striking weapons than the combined arsenals of ‘‘AND EVALUATION’’ and inserting ‘‘, EVALUA- will result in effective management re- the United Kingdom, France, and TION, AND REAPPOINTMENT’’; China. When the Soviet Union dis- form. I believe this legislation is vital (2) in the matter preceding paragraph (1), to DHS’s success, and I urge my col- by striking ‘‘shall’’; solved Ukraine, Kazakhstan and leagues to join me in supporting this (3) in paragraph (1), by inserting ‘‘shall’’ Belarus emerged as the third, fourth legislation. after ‘‘(1)’’; and eighth largest nuclear weapons Mr. President, I ask unanimous con- (4) in paragraph (2)— powers in the world. Today they are sent that the text of the bill be printed (A) by inserting ‘‘shall’’ after ‘‘(2)’’; and nuclear weapons free. in the RECORD. (B) by striking ‘‘and’’ after the semicolon; I am delighted that President Obama There being no objection, the text of (5) in paragraph (3)— made the Nunn-Lugar Cooperative the bill was ordered to be printed in (A) by inserting ‘‘shall’’ after ‘‘(3)’’; and (B) by striking the period and inserting a Threat Reduction Program such a high the RECORD, as follows: semicolon; and profile issue during his campaign. In S. 872 (6) by adding at the end the following: 2005, then-Senator Obama and I trav- Be it enacted by the Senate and House of Rep- ‘‘(4) shall— eled to Russia to see the Nunn-Lugar resentatives of the United States of America in ‘‘(A) serve for a term of 5 years; and Program in action. We visited the Rus- Congress assembled, ‘‘(B) be subject to removal by the Presi- sian nuclear warhead storage facility SECTION 1. SHORT TITLE. dent if the President— at Saratov and the mobile missile dis- This Act may be cited as the ‘‘Effective ‘‘(i) finds that the performance of the Dep- Homeland Security Management Act of mantlement facility near Perm. This uty Secretary of Homeland Security for experience gives him a unique vantage 2009’’. Management is unsatisfactory; and SEC. 2. DEPUTY SECRETARY OF HOMELAND SE- ‘‘(ii) communicates the reasons for remov- point to take important steps to revi- CURITY FOR MANAGEMENT. ing the Deputy Secretary of Homeland Secu- talize and expand the program. (a) ESTABLISHMENT AND SUCCESSION.—Sec- rity for Management to Congress before such The Nunn-Lugar Program has accu- tion 103 of the Homeland Security Act of 2002 removal; and mulated an impressive list of accom- (6 U.S.C. 113) is amended— ‘‘(5) may be reappointed in accordance with plishments. To date it has deactivated (1) in subsection (a)— paragraph (1), if the Secretary has made a (A) in the subsection heading, by striking 7,504 strategic nuclear warheads, 742 satisfactory determination under paragraph intercontinental ballistic missiles, ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY (3) for the 3 most recent performance SECRETARIES’’; years.’’. ICBMs, destroyed, 496 ICBM silos elimi- (B) by striking paragraph (6); (d) REFERENCES.—References in any other nated, 143 ICBM mobile launchers de- (C) by redesignating paragraphs (2) Federal law, Executive order, rule, regula- stroyed, 633 submarine launched bal- through (5) as paragraphs (3) through (6), re- tion, or delegation of authority, or any docu- listic missiles, SLBMs, eliminated, 476 spectively; and ment of or relating to the Under Secretary SLBM launchers eliminated, 31 nuclear (D) by striking paragraph (1) and inserting for Management of the Department of Home- submarines capable of launching bal- the following: land Security shall be deemed to refer to the listic missiles destroyed, 155 bomber ‘‘(1) A Deputy Secretary of Homeland Se- Deputy Secretary of Homeland Security for curity. Management. eliminated, 906 nuclear air-to-surface ‘‘(2) A Deputy Secretary of Homeland Se- (e) TECHNICAL AND CONFORMING AMEND- missiles, ASMs, destroyed, 194 nuclear curity for Management.’’; and MENTS.— test tunnels eliminated, 422 nuclear (2) by adding at the end the following: (1) OTHER REFERENCE.—Section 702(a) of weapons transport train shipments se- ‘‘(g) VACANCIES.— the Homeland Security Act of 2002 (6 U.S.C. cured, upgraded security at 24 nuclear ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— 342(a)) is amended by striking ‘‘Under Sec- weapons storage sites, and built and ‘‘(A) DEPUTY SECRETARY.—In case of a va- retary for Management’’ and inserting ‘‘Dep- equipped 16 biological monitoring sta- cancy in the office of the Secretary, or of the uty Secretary of Homeland Security for absence or disability of the Secretary, the Management’’. tions. Deputy Secretary of Homeland Security may (2) TABLE OF CONTENTS.—The table of con- While originally focused on the exercise all the duties of that office, and for tents in section 1(b) of the Homeland Secu- states of the former Soviet Union,

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Other govern- and nonproliferation goals, Nunn- The US has the technical expertise and ments, such as Pakistan, Afghanistan, Lugar should be used to advance other the diplomatic standing to dramati- Congo, the Philippines, and Indonesia multilateral instruments such as the cally benefit international security. are now inquiring about Nunn-Lugar Proliferation Security Initiative and American leaders must ensure that we assistance with dangerous weapons and United Nations Security Council Reso- have the political will and the re- materials. lution 1540. While the Nunn-Lugar Pro- sources to implement programs de- Mr. President, last month the Na- gram grew through the 1990s there was voted to these ends. tional Academy of Sciences, NAS, re- little corresponding growth in the size leased a report on the future of the of the staff that guided policy—the of- By Mr. BINGAMAN (for himself Nunn-Lugar Program. It provided a fice must be expanded. Engage broader and Mr. UDALL, of New Mexico): critically important set of rec- military components, including the S. 874. A bill to establish El Rio ommendations that should guide the Unified Combatant Commands, to en- Grande Del Norte National Conserva- Obama Administration’s efforts to ex- sure full coordination and effective im- tion Area in the State of New Mexico, pand the Nunn-Lugar Program around plementation of Nunn-Lugar. and for other purposes; to the Com- the world. The majority of these items do not mittee on Energy and Natural Re- The report was required by the 2008 require legislation but rather simple sources. Mr. BINGAMAN. Mr. President, I rise National Defense Authorization Act to Executive Branch management actions today to introduce El Rı´o Grande Del recommend ways to strengthen and ex- and improvements. As a result, I have Norte National Conservation Area Es- pand the Defense Department’s Nunn- written to Under Secretary of Defense tablishment Act. This legislation will Lugar Cooperative Threat Reduction for Policy, Michele Flournoy, and the designate approximately 235,980 acres program. The report argues persua- new WMD Coordinator at the White of public land managed by the Bureau sively that the Nunn-Lugar Program House, Gary Samore, urging them to of Land Management in Taos and Rı´o should be expanded geographically, up- adopt these important recommenda- Arriba counties as a National Con- dated in form and function and sup- tions. But the granting of limited not- ported as an active tool of foreign pol- servation Area. The conservation area withstanding authority for the Nunn- includes two new wilderness areas—the icy. Over the last 16 years Nunn-Lugar Lugar Program and its exemption from has been focused heavily on the de- 13,420-acre Cerro del Yuta Wilderness the Miscellaneous Receipts Act does on the east-side and the 8,000-acre Rı´o struction and dismantlement of mas- require Congressional authorization. sive Soviet weapons systems and the San Antonio Wilderness in the west. The bill I am introducing today is fo- The conservation area will protect facilities that developed them. In the cused on accomplishing this task. and enhance cultural, ecological, and future, the program will be asked to One of the most striking points made scenic resources in an area with pre- address much more complex and di- by the report’s authors was that the mier recreational opportunities impor- verse security threats. The changing Nunn-Lugar Program has suffered from tant to the region’s economy. It incor- security environment means that the a lack of leadership. It states that porates the upper reaches of the Rio magnitude of projects focused on ‘‘since 1995, the level of leadership in Grande Gorge, previously designated as former Soviet weapons threats are DoD has been downgraded from a high a Wild and Scenic River, and protects likely to be the exception and not the priority program managed by a Deputy elk wintering grounds and migratory norm. As a result, the NAS report ar- Assistant Secretary of Defense for Co- corridors along the plateau between gues that the program must be less operative Threat Reduction, and Spe- Ute Mountain to the east and San An- cumbersome and bureaucratic so it can cial Assistant to the Secretary of De- tonio Mountain to the west. The con- be more agile, flexible, and responsive fense, to a CTR Policy Office under a servation area will protect breeding to ensure timely contributions across a Director for the CTR Program.’’ An habitat for other game species like larger number of countries. It con- even more stark contrast is the time deer and antelope and for birds of prey cludes by saying ‘‘that expanding the and diplomacy that former Secretaries that hunt throughout the area, includ- nation’s [Nunn-Lugar] cooperative Perry and Cohen committed to visiting ing peregrine falcons, golden eagles, threat reduction programs beyond the project sites and engaging foreign cap- and bald eagles. The riparian area former Soviet Union, as proposed by itals when compared to their succes- along the Rı´o Grande also provides im- Congress, would enhance U.S. national sors. I am confident this is a trend that portant habitat for brown trout and security and global stability.’’ The re- can be reversed quickly by the Obama the federally-listed endangered south- port argues that Nunn-Lugar ‘‘should administration with proper leadership. western willow flycatcher. be expanded geographically, updated in Under Secretary Flournoy, the Deputy The Cerro del Yuta Wilderness will form and function . . . and supported Secretary of Defense, and Secretary add protections to Ute Mountain, a as an active tool of foreign policy by Gates should make visiting Nunn- mountainous and forested extinct vol- engaged leadership from the White Lugar sites a high priority and offer cano which rises to more than 10,000 House and the relevant cabinet secre- their personal diplomacy to assisting feet from an elevation of about 7,600 taries.’’ the program in meetings its goals. feet at its base. From its peak Ute Specifically, the NAS Report rec- The Nunn-Lugar Program has made Mountain offers views of the Sangre de ommends that the Pentagon take the critically important contributions to Cristo Mountains to the east, the deep following steps: Remove any remaining US national security through the canyon walls of the Rı´o Grande Gorge geographic limitations on the program elimination of strategic weapons sys- at its western base, and the high mesa and streamline contracting procedures. tems and platforms arrayed against us. sagebrush-grasslands interspersed with Request from Congress limited ‘‘not- Even as the threat changes, I am con- pin˜ on juniper woodlands that form the withstanding authority’’ to give Nunn- fident that it will continue to serve US majority of the conservation area to Lugar the flexibility it needs for future interests with the right leadership and its west. Known as Tah Ha Bien to engagements in unexpected locations. direction. I commend the members of members of the Taos Pueblo and Cerro Request that Congress exempt the the NAS committee for an insightful del Yuta to the earliest Hispanic set- Nunn-Lugar Program from the Mis- and invigorating set of recommenda- tlers of the region, Ute Mountain was cellaneous Receipts Act to enable the tions. I ask my colleagues here in the named for the historic Ute tribe that program to accept funds from foreign Senate to support this legislation and I traversed this area along its route to countries and to co-mingle those with am hopeful that the Obama adminis- the eastern plains. The mountain has a program funds to accomplish non- tration will use the report’s rec- long history both geologically and cul- proliferation and disarmament goals. ommendations as a resource as they turally speaking, and evidence of Review the legal and policy move to expand the program. human interaction with Ute Mountain underpinnings of the Nunn-Lugar Pro- In sum, we must take every measure can be still be found, including pre- gram because many are cumbersome, possible in addressing threats posed by historic hunting stations, historic

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4675 sheep herding camps, and important different from the one that I am privi- (ii) NEW ROADS.—No additional road shall sacred sites on the mountain. As a rel- leged to introduce today. I am also be built within the Conservation Area after atively new addition to the public do- pleased that my colleague Senator TOM the date of enactment of this Act unless the main, the Bureau of Land Management road is needed for public safety or natural re- UDALL is a cosponsor of this legisla- source protection. has only begun to account for all the tion, and I look forward to working (C) GRAZING.—The Secretary shall permit cultural resources that may be present with him and other members of the grazing within the Conservation Area, where on Ute Mountain. Senate toward its ultimate passage. established before the date of enactment of The Rı´o San Antonio Wilderness Mr. President, I ask unanimous con- this Act— Area lies northwest of San Antonio sent that the text of the bill be printed (i) subject to all applicable laws (including Mountain and is currently managed as in the RECORD. regulations) and Executive orders; and a Wilderness Study Area by the Bureau There being no objection, the text of (ii) consistent with the purposes described in subsection (b). of Land Management. Composed of the bill was ordered to be printed in (D) COLLECTION OF PIN˜ ON NUTS AND FIRE- grassland vegetation similar to the ma- the RECORD, as follows: WOOD.—Nothing in this Act precludes the jority of the conservation area, its S. 874 traditional collection of firewood and pin˜ on unique character is shaped by the 200- Be it enacted by the Senate and House of Rep- nuts for noncommercial personal use within foot-deep canyon formed by the waters resentatives of the United States of America in the Conservation Area— of the Rı´o San Antonio that bisects the Congress assembled, (i) in accordance with any applicable laws; wilderness area. The canyon provides SECTION 1. SHORT TITLE. and important riparian habitat to wildlife This Act may be cited as ‘‘El Rı´o Grande (ii) subject to such terms and conditions as the Secretary determines to be appropriate. and offers visitors opportunities for Del Norte National Conservation Area Estab- lishment Act’’. (E) UTILITY CORRIDOR UPGRADES.—Nothing solitude and primitive and unconfined in this Act precludes the Secretary from au- recreation. A favorite pastime of locals SEC. 2. DEFINITIONS. thorizing the upgrading of an existing utility and visitors alike is the outstanding In this Act: corridor (including the widening of an exist- ´ (1) CONSERVATION AREA.—The term ‘‘Con- ing easement) through the Conservation opportunity for fly fishing the Rıo San ´ servation Area’’ means El Rıo Grande Del Area— Antonio. By affirmatively designating Norte National Conservation Area estab- this area as wilderness, we can help (i) in accordance with any applicable laws; lished by section 3(a)(1). and preserve its natural character that (2) LAND GRANT COMMUNITY.—The term (ii) subject to such terms and conditions as draws visitors to the area. ‘‘land grant community’’ means a member of the Secretary determines to be appropriate. This legislation seeks to protect the the Board of Trustees of confirmed and non- (F) TRIBAL CULTURAL USES.— valuable natural and cultural resources confirmed community land grants within the (i) ACCESS.—The Secretary shall, in con- found in the area while also recog- Conservation Area. sultation with Indian tribes or pueblos— nizing that the history of these lands is (3) MANAGEMENT PLAN.—The term ‘‘man- (I) ensure the protection of religious and agement plan’’ means the management plan cultural sites; and still being written by the local commu- for the Conservation Area developed under nity, composed of Pueblo Indians, de- (II) provide occasional access to the sites section 3(d). by members of Indian tribes or pueblos for scendents of Hispanic and American (4) MAP.—The term ‘‘map’’ means the map traditional cultural and customary uses, settlers, and new generations of set- entitled ‘‘El Rı´o Grande Del Norte National consistent with Public Law 95–341 (com- tlers drawn to the area for similar rea- Conservation Area’’ and dated March 23, 2009. monly known as the ‘‘American Indian Reli- sons as those who came before them. (5) SECRETARY.—The term ‘‘Secretary’’ gious Freedom Act’’) (42 U.S.C. 1996). Residents maintain a strong connec- means the Secretary of the Interior. (ii) TEMPORARY CLOSURES.—In accordance tion to these public lands and are in- (6) STATE.—The term ‘‘State’’ means the with Public Law 95–341 (commonly known as State of New Mexico. terested in preserving the traditional the ‘‘American Indian Religious Freedom ways in which they have used them. A SEC. 3. ESTABLISHMENT OF NATIONAL CON- Act’’) (42 U.S.C. 1996), the Secretary, on re- SERVATION AREA. quest of an Indian tribe or pueblo, may tem- good example of this is the importance (a) ESTABLISHMENT.— porarily close to general public use 1 or more to the local community to ensure that (1) IN GENERAL.—There is established El specific areas of the Conservation Area in the continued and sustainable collec- Rı´o Grande Del Norte National Conservation order to protect traditional cultural and cus- tion of pin˜ on nuts and firewood from Area in the State. tomary uses in those areas by members of the public lands is permitted. Based on (2) AREA INCLUDED.—The Conservation the Indian tribe or the pueblo. this input, earlier drafts were revised Area shall consist of approximately 235,980 (d) MANAGEMENT PLAN.— to make specific mention that these acres of public land in Taos and Rio Arriba (1) IN GENERAL.—Not later than 3 years counties in the State, as generally depicted uses are permissible within the con- after the date of enactment of this Act, the on the map. Secretary shall develop a management plan servation area. In addition, existing (b) PURPOSES.—The purposes of the Con- for the Conservation Area. grazing within the conservation area servation Area are to conserve, protect, and (2) OTHER PLANS.—To the extent consistent will be preserved consistent with cur- enhance for the benefit and enjoyment of with this Act, the plan may incorporate in rent management practices. present and future generations the cultural, the management plan the Rio Grande Cor- Visitors and residents of northern archaeological, natural, scientific, geologi- ridor Management Plan in effect on the date New Mexico also enjoy these public cal, historical, biological, wildlife, edu- of enactment of this Act. lands for recreational purposes, includ- cational, recreational, and scenic resources (3) CONSULTATION.—The management plan of the Conservation Area. ing hiking, camping, mountain biking, shall be developed in consultation with— (c) MANAGEMENT.— (A) State and local governments; river rafting, skiing, hunting, fishing, (1) IN GENERAL.—The Secretary shall man- (B) tribal governmental entities; photography and bird watching, among age the Conservation Area— (C) land grant communities; and many others. The local economy bene- (A) in a manner that conserves, protects, (D) the public. fits greatly from the tourists who visit and enhances the resources of the Conserva- (4) CONSIDERATIONS.—In preparing and im- this area to take in the scenic beauty tion Area; and plementing the management plan, the Sec- and natural character of the region, (B) in accordance with— retary shall consider the recommendations and it is my hope that this designation (i) the Federal Land Policy and Manage- of Indian tribes and pueblos on methods for— ment Act of 1976 (43 U.S.C. 1701 et seq.); will further highlight the region as a (A) ensuring access to religious and cul- (ii) this Act; and tural sites; premier destination in the State, na- (iii) any other applicable laws. (B) enhancing the privacy and continuity tionally and internationally. (2) USES.— of traditional cultural and religious activi- This bill is the culmination of more (A) IN GENERAL.—The Secretary shall allow ties in the Conservation Area; and than 2 years of work with members of only such uses of the Conservation Area that (C) protecting traditional cultural and reli- the local community to craft language the Secretary determines would further the gious sites in the Conservation Area. that achieves the balance vital to en- purposes described in subsection (b). (e) INCORPORATION OF ACQUIRED LAND AND sure a thriving economy, the preserva- (B) USE OF MOTORIZED VEHICLES.— INTERESTS IN LAND.—Any land that is within tion of the region’s natural resources, (i) IN GENERAL.—Except as needed for ad- the boundary of the Conservation Area that ministrative purposes or to respond to an is acquired by the United States shall— and a sustained way of life for resi- emergency, the use of motorized vehicles in (1) become part of the Conservation Area; dents of northern New Mexico. Without the Conservation Area shall be permitted and the constructive input from the local only on roads designated for use by motor- (2) be managed in accordance with— community, this bill would look very ized vehicles in the management plan. (A) this Act; and

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This (f) SPECIAL MANAGEMENT AREAS.— Management Act of 1976 (43 U.S.C. 1782(c)), bill is similar in substance to two prior (1) IN GENERAL.—The establishment of the the public land within the San Antonio Wil- versions of this legislation: the Presi- Conservation Area shall not change the man- derness Study Area not designated as wilder- dential Signing Statements Act of 2007, agement status of any area within the ness by this section— boundary of the Conservation Area that is— (1) has been adequately studied for wilder- which I introduced on June 29, 2007; and (A) designated as a component of the Na- ness designation; the Presidential Signing Statements tional Wild and Scenic Rivers System under (2) is no longer subject to section 603(c) of Act of 2006, which I introduced on July the Wild and Scenic Rivers Act (16 U.S.C. the Federal Land Policy and Management 26, 2006. 1271 et seq.); or Act of 1976 (43 U.S.C. 1782(c)); and As I have stated before, I believe that (B) managed as an area of critical environ- (3) shall be managed in accordance with this legislation is necessary to protect mental concern. this Act. our constitutional system of checks (2) CONFLICT OF LAWS.—If there is a conflict SEC. 5. GENERAL PROVISIONS. and balances. This bill achieves that between the laws applicable to the areas de- (a) MAPS AND LEGAL DESCRIPTIONS.— scribed in paragraph (1) and this Act, the goal in the following ways. (1) IN GENERAL.—As soon as practicable First, it prevents the President from more restrictive provision shall control. after the date of enactment of this Act, the SEC. 4. DESIGNATION OF WILDERNESS AREAS. Secretary shall file the map and legal de- issuing a signing statement that alters (a) IN GENERAL.—In accordance with the scriptions of the Conservation Area and the the meaning of a statute by instructing Wilderness Act (16 U.S.C. 1131 et seq.), the wilderness areas designated by section 4(a) federal and state courts not to rely on, following areas in the Conservation Area are with— or defer to, presidential signing state- designated as wilderness and as components (A) the Committee on Energy and Natural ments as a source of authority when of the National Wilderness Preservation Sys- Resources of the Senate; and determining the meaning of any Act of tem: (B) the Committee on Natural Resources of Congress. (1) CERRO DEL YUTA WILDERNESS.—Certain the House of Representatives. Second, it grants Congress the power land administered by the Bureau of Land (2) FORCE OF LAW.—The map and legal de- Management in Taos County, New Mexico, scriptions filed under paragraph (1) shall to participate in any case where the comprising approximately 13,420 acres as have the same force and effect as if included construction or constitutionality of generally depicted on the map, which shall in this Act, except that the Secretary may any Act of Congress is in question and be known as the ‘‘Cerro del Yuta Wilder- correct errors in the legal description and a presidential signing statement for ness’’. map. that Act was issued by allowing Con- (2) RI´O SAN ANTONIO WILDERNESS.—Certain (3) PUBLIC AVAILABILITY.—The map and gress to file an amicus brief and land administered by the Bureau of Land legal descriptions filed under paragraph (1) present oral argument in such a case; Management in Rio Arriba County, New shall be on file and available for public in- instructing that, if Congress passes a Mexico, comprising approximately 8,000 spection in the appropriate offices of the Bu- acres, as generally depicted on the map, reau of Land Management. joint resolution declaring its view of which shall be known as the ‘‘Rı´o San Anto- (b) NATIONAL LANDSCAPE CONSERVATION the correct interpretation of the stat- nio Wilderness’’. SYSTEM.—The Conservation Area and the ute, the Court must admit that resolu- (b) MANAGEMENT OF WILDERNESS AREAS.— wilderness areas designated by section 4(a) tion into the case record; and providing Subject to valid existing rights, the wilder- shall be administered as components of the for expedited review in such a case. ness areas designated by subsection (a) shall National Landscape Conservation System. Since the days of President James be administered in accordance with the Wil- (c) FISH AND WILDLIFE.—Nothing in this Monroe, Presidents have issued state- derness Act (16 U.S.C. 1131 et seq.) and this Act affects the jurisdiction of the State with Act, except that with respect to the wilder- respect to fish and wildlife located on public ments when signing bills. It is widely ness areas designated by this Act— land in the State, except that the Secretary, agreed that there are legitimate uses (1) any reference to the effective date of after consultation with the New Mexico De- for signing statements. For example, the Wilderness Act shall be considered to be partment of Game and Fish, may designate Presidents may use signing statements a reference to the date of enactment of this zones where, and establishing periods when, to instruct executive branch officials Act; and hunting shall not be allowed for reasons of how to administer a law or to explain (2) any reference in the Wilderness Act to public safety, administration, or public use to the public the likely effect of a law. the Secretary of Agriculture shall be consid- and enjoyment. There may be a host of other legiti- ered to be a reference to the Secretary. (d) WITHDRAWALS.—Subject to valid exist- (c) INCORPORATION OF ACQUIRED LAND AND ing rights, any Federal land within the Con- mate uses. INTERESTS IN LAND.—Any land or interest in servation Area and the wilderness areas des- It is clear, however, that the Presi- land within the boundary of the wilderness ignated by section 4(a), including any land or dent cannot use a signing statement to areas designated by subsection (a) that is ac- interest in land that is acquired by the rewrite the words of a statute, nor can quired by the United States shall— United States after the date of enactment of he use a signing statement to selec- (1) become part of the wilderness area in this Act, is withdrawn from— tively nullify those provisions he does which the land is located; and (1) entry, appropriation, or disposal under not like. This much is clear from our (2) be managed in accordance with— the public land laws; Constitution. The Constitution grants (A) the Wilderness Act (16 U.S.C. 1131 et (2) location, entry, and patent under the seq.); mining laws; and the President a specific, defined role in (B) this Act; and (3) operation of the mineral leasing, min- enacting legislation. Article I, section (C) any other applicable laws. eral materials, and geothermal leasing laws. 1 of the Constitution vests ‘‘all legisla- (d) GRAZING.—Grazing of livestock in the (e) TREATY RIGHTS.—Nothing in this Act tive powers . . . in a Congress.’’ Article wilderness areas designated by subsection enlarges, diminishes, or otherwise modifies I, section 7 of the Constitution provides (a), where established before the date of en- any treaty rights. that, when a bill is presented to the actment of this Act, shall be administered in SEC. 6. AUTHORIZATION OF APPROPRIATIONS. accordance with— President, he may either sign it or veto There are authorized to be appropriated it with his objections. He may also (1) section 4(d)(4) of the Wilderness Act (16 such sums as are necessary to carry out this U.S.C. 1133(d)(4)); and Act. choose to do nothing, thus rendering a (2) the guidelines set forth in Appendix A so-called pocket veto. But the Presi- of the Report of the Committee on Interior By Mr. SPECTER (for himself, dent cannot veto part of a bill—he can- and Insular Affairs to accompany H.R. 2570 of Mr. TESTER, and Mr. GRASS- not veto certain provisions he does not the 101st Congress (H. Rept. 101–405). LEY): like. (e) BUFFER ZONES.— The Framers had good reason for (1) IN GENERAL.—Nothing in this section S. 875. A bill to regulate the judicial creates a protective perimeter or buffer zone use of presidential signing statements constructing the legislative process as around any wilderness area designated by in the interpretation of Acts of Con- they did. According to The Records of subsection (a). gress; to the Committee on the Judici- the Constitutional Convention, the (2) ACTIVITIES OUTSIDE WILDERNESS ary. veto power was designed to protect AREAS.—The fact that an activity or use on Mr. SPECTER. Mr. President, I seek citizens from a particular Congress land outside any wilderness area designated recognition today on behalf of myself, that might enact oppressive legisla- by subsection (a) can be seen or heard within Senator GRASSLEY and Senator TEST- tion. However, the Framers did not the wilderness area shall not preclude the ac- ER, to offer the Presidential Signing want the veto power to be unchecked, tivity or use outside the boundary of the wil- derness area. Statements Act of 2009. The purpose of and so, in Article I, section 7, they bal- (f) RELEASE OF WILDERNESS STUDY this bill is to regulate the use of Presi- anced it by allowing Congress to over- AREAS.—Congress finds that, for purposes of dential Signing Statements in the in- ride a veto by 2/3 vote.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4677 As I stated when I initially intro- ened to render the legislative process a tant legislation. This bill does not seek duced this legislation in 2006, this is a virtual nullity, making it completely to limit the President’s power, and it finely structured constitutional proce- unpredictable how certain laws will be does not seek to expand Congress’s dure that goes straight to the heart of enforced. Even where Congress man- power. Rather, this bill simply seeks to our system of checks and balances. aged to negotiate checks on executive safeguard our Constitution. In this Any action by the President that cir- power, the President used signing Congress, it has a better chance of cumvents this procedure is an uncon- statements to override the legislative mustering a majority vote and being stitutional attempt to usurp legislative language and defy congressional in- signed into law by the new President. authority. If the President is permitted tent. That said, two days after criticizing to re-write the bills that Congress Two prominent examples make the President Bush’s signing statements, passes and cherry pick which provi- point. In 2006, I spearheaded the deli- President Obama issued one of his own sions he likes and does not like, he sub- cate negotiations on the PATRIOT Act regarding the Omnibus Appropriations verts the constitutional process de- Reauthorization, which included Act of 2009. Citing among others his signed by the Framers. The Supreme months of painstaking efforts to bal- ‘‘commander in chief’’ and ‘‘foreign af- Court has affirmed that the Constitu- ance national security and civil lib- fairs’’ powers, he refused to be bound tional process for enacting legislation erties, disrupted by the dramatic dis- by at least eleven specific provisions of must be safeguarded. As the Court ex- closure of the Terrorist Surveillance the bill including one long-standing plained in INS v. Chahda, ‘‘It emerges Program. The final version of the bill rider to appropriations bills designed clearly that the prescription for legis- featured a carefully crafted com- to aid congressional oversight. As I lative action in Article I, Section 1 and promise necessary to secure the act’s told , ‘‘We are passage. Among other things, it in- 7 represents the Framers’ decision that having a repeat of what Democrats bit- cluded several oversight provisions de- the legislative power of the Federal terly complained about under Presi- signed to ensure that the FBI did not Government be exercised in accord dent Bush.’’ I hope this will be the ex- abuse special terrorism-related powers with a single, finely wrought and ex- ception rather than the rule. permitting it to make secret demands haustively considered, procedure.’’ 462 In the meantime, this bill seeks to for business records. The President du- U.S. 919, 951, 1982. implement measures that will safe- tifully signed the measure into law, It is well within Congress’s power to guard the constitutional structure of only to then enter a signing statement enact rules of statutory interpretation enacting legislation. In preserving this insisting he could withhold any infor- intended to preserve this constitu- structure, this bill reinforces the sys- mation from Congress required by the tional structure. This power flows from tem of checks and balances and separa- oversight provisions if he decided that Article I, section 8, clause 18 of the tion of powers set out in our Constitu- disclosure would ‘‘impair foreign rela- Constitution, which gives Congress the tion. tions, national security, the delibera- power ‘‘To make all laws which shall Mr. President, I ask unanimous con- tive process of the executive, or the be necessary and proper for carrying sent that the text of the bill be printed performance of the executive’s con- into execution the foregoing powers, in the RECORD. and all other powers vested by this stitutional duties.’’ The second example arose in 2005. There being no objection, the text of Constitution in the Government of the Congress overwhelmingly passed Sen- the bill was ordered to be printed in U.S., or in any department or officer the RECORD, as follows: ator JOHN MCCAIN’S amendment to ban thereof.’’ Rules of statutory interpreta- all U.S. personnel from inflicting S. 875 tion are ‘‘necessary and proper’’ to exe- ‘‘cruel, inhuman or degrading’’ treat- Be it enacted by the Senate and House of Rep- cute the legislative power. ment on any prisoner held by the resentatives of the United States of America in Several scholars have agreed: Jeffer- United States. There was no ambiguity Congress assembled, son B. Fordham, a former Dean of the in Congress’s intent; in fact, the Sen- SECTION 1. SHORT TITLE. University of Pennsylvania Law School This Act may be cited as the ‘‘Presidential ate approved it 90 to 9. However, after said, ‘‘[I]t is within the legislative Signing Statements Act of 2009’’. signing the bill into law, the President power to lay down rules of interpreta- SEC. 2. DEFINITION. quietly issued a signing statement as- tion for the future;’’ Mark Tushnet, a As used in this Act, the term ‘‘presidential serting that his Administration would Professor at Harvard Law School ex- signing statement’’ means a statement construe it ‘‘in a manner consistent plained, ‘‘In light of the obvious con- issued by the President about a bill, in con- with the constitutional authority of junction with signing that bill into law pur- gressional power to prescribe a stat- the President to supervise the unitary suant to Article I, section 7, of the Constitu- ute’s terms (and so its meaning), con- executive branch and as Commander in tion. gressional power to prescribe interpre- Chief and consistent with the constitu- SEC. 3. JUDICIAL USE OF PRESIDENTIAL SIGNING tive methods seems to me to follow;’’ tional limitations on the judicial STATEMENTS. Michael Stokes Paulsen, an Associate power.’’ In determining the meaning of any Act of Dean of the University of Minnesota Many understood this signing state- Congress, no Federal or State court shall Law School noted, ‘‘Congress is the rely on or defer to a presidential signing ment to undermine the legislation. In a statement as a source of authority. master of its own statutes and can pre- January 4, 2006 article titled, ‘‘Bush scribe rules of interpretation governing SEC. 4. CONGRESSIONAL RIGHT TO PARTICIPATE could bypass new torture ban: Waiver IN COURT PROCEEDINGS OR SUBMIT its own statutes as surely as it may right is reserved,’’ the Boston Globe CLARIFYING RESOLUTION. alter or amend the statutes directly.’’ cited an anonymous ‘‘senior adminis- (a) CONGRESSIONAL RIGHT TO PARTICIPATE Finally, J. Sutherland, the author of tration official’’ as saying, ‘‘the presi- AS AMICUS CURIAE.—In any action, suit, or the leading multi-volume treatise for dent intended to reserve the right to proceeding in any Federal or State court (in- the rules of statutory construction has use harsher methods in special situa- cluding the Supreme Court of the United States), regarding the construction or con- said, ‘‘There should be no question that tions involving national security.’’ an interpretive clause operating pro- stitutionality, or both, of any Act of Con- As outrageous as these signing state- gress in which a presidential signing state- spectively is within legislative power.’’ ments are, intruding on the Constitu- ment was issued, the Federal or State Court Indeed, recent experience shows why tion’s delegation of ‘‘all legislative shall permit the United States Senate, such legislation is ‘‘necessary.’’ The powers’’ to the Congress, it is even through the Office of Senate Legal Counsel, use of signing statements has risen more outrageous that Congress has as authorized in section 701 of the Ethics in dramatically in recent years. President done nothing to protect its constitu- Government Act of 1978 (2 U.S.C. 288), or the Clinton issued 105 signing statements; tional powers. In 2006 and 2007, the leg- United States House of Representatives, President Bush issued 161. What is islation I introduced giving Congress through the Office of General Counsel for the more alarming than the sheer numbers, standing to challenge the constitu- United States House of Representatives, or is that President Bush’s signing state- both, to participate as an amicus curiae, and tionality of these signing statements to present an oral argument on the question ments often raised constitutional con- failed to muster the veto-proof major- of the Act’s construction or constitu- cerns and other objections to several ity it would have surely required. tionality, or both. Nothing in this section provisions of a law. The President used With a new administration, I believe shall be construed to confer standing on any those statements in a way that threat- the time has come to pass this impor- party seeking to bring, or jurisdiction on

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4678 CONGRESSIONAL RECORD — SENATE April 23, 2009 any court with respect to, any civil or crimi- stitute the U.S. Government for the tion service provider who provided nal action, including suit for court costs, telephone companies facing lawsuits communications in connection with an against Congress, either House of Congress, a for their alleged cooperation with the intelligence activity that was: author- Member of Congress, a committee or sub- Terrorist Surveillance Program, TSP. ized by the President between Sep- committee of a House of Congress, any office Just as in 2008, I propose legislation or agency of Congress, or any officer or em- tember 11, 2001, and January 17, 2007; ployee of a House of Congress or any office or that would place the Government in and designed to detect or prevent a ter- agency of Congress. the shoes of the telephone companies, rorist attack against the U.S. In order (b) CONGRESSIONAL RIGHT TO SUBMIT CLARI- with the same defenses no more and no for substitution to apply, the elec- FYING RESOLUTION.—In any suit referenced in less. Thus, under the bill, plaintiffs get tronic communications service pro- subsection (a), the full Congress may pass a their day in court and may hold the vider must have received a written re- concurrent resolution declaring its view of Government accountable for unlawful quest from the Attorney General or the the proper interpretation of the Act of Con- activity, if any, related to the surveil- head of an element of the intelligence gress at issue, clarifying Congress’s intent or lance program. At the same time, the community indicating that the activ- clarifying Congress’s findings of fact, or carriers themselves avoid liability both. If Congress does pass such a concurrent ity was authorized by the President resolution, the Federal or State court shall stemming from their efforts to be good and determined to be lawful. If the pro- permit the United States Congress, through citizens. vider assisted the Government beyond the Office of Senate Legal Counsel, to sub- I fought hard in 2008 to keep the what was requested in writing, this leg- mit that resolution into the record of the courts open on the question of the islation will provide no relief to the case as a matter of right. TSP, and urged my colleagues to im- service provider. (c) EXPEDITED CONSIDERATION.—It shall be prove the FISA bill. I continue that The legislation also establishes a the duty of each Federal or State court, in- fight today with a new Administration limited waiver of sovereign immunity cluding the Supreme Court of the United in office. During the prior floor debate that only applies to ‘‘covered civil ac- States, to advance on the docket and to ex- I said: ‘‘Although I am prepared to pedite to the greatest possible extent the dis- tions’’ essentially, the 40 cases cur- stomach this bill, if I must, I am not rently pending before the U.S. District position of any matter brought under sub- yet ready to concede that the debate is section (a). Court in the Northern District of Cali- over. Contrary to the conventional wis- fornia. This is to prevent the Govern- By Mr. SPECTER (for himself dom, I don’t believe it is too late to ment from asserting immunity in the and Mr. WHITEHOUSE): make this bill better.’’ event it is substituted for the current S. 876. A bill to provide for the sub- As I observed on the floor last year, defendants. stitution of the United States in cer- it is necessary for Congress to support We can still pass legislation sub- tain civil actions relating to electronic intelligence collection efforts because stituting the Government for the var- service providers and FISA; to the of the continuing terrorist threat. No ious telecom defendants and have a ju- one wants to be blamed for another 9– Committee on the Judiciary. dicial assessment of the constitu- 11. Indeed, as I acknowledged during Mr. SPECTER. Mr. President, I have tionality and legality of the controver- the debate, my own briefings on the sought recognition to reintroduce leg- sial surveillance. Such a judicial as- telephone companies’ cooperation with islation that would substitute the sessment is necessary to resolve the the Government convinced me of the United States in the place of electronic clash between the Executive and Legis- program’s value. Nevertheless, I tried lative branches over the legality and communications service providers who to impress upon my colleagues the im- constitutionality of the surveillance were sued for violating the Foreign In- portance and historical context of our program. telligence Surveillance Act, FISA, and actions. I said: other statutory and constitutional pro- Mr. President, I ask unanimous con- We are dealing here with a matter that is sent that the text of the bill be printed visions. of historic importance. I believe that years FISA reform legislation passed the from now, historians will look back on this in the RECORD. Senate in February and July of 2008, period from 9/11 to the present as the great- There being no objection, the text of both times by a vote of 68 to 29, before est expansion of Executive authority in his- the bill was ordered to be printed in being signed into law by President tory—unchecked expansion of authority. The the RECORD, as follows: Bush on July 10, 2008. This legislation President disregards the National Security S. 876 made many necessary changes to FISA Act of 1947 mandating notice to the Intel- Be it enacted by the Senate and House of Rep- ligence Committee; he doesn’t do it. The resentatives of the United States of America in to enhance our intelligence collection President takes legislation that is presented capabilities, but it also included a con- Congress assembled, by Congress and he signs it, and then he SECTION 1. AMENDMENT TO FISA. troversial provision giving retroactive issues a signing statement disagreeing with Title III of the Foreign Intelligence Sur- immunity to telecommunications com- key provisions. There is nothing Congress veillance Act of 1978 Amendments Act of 2008 panies for their alleged cooperation can do about it. (Public Law 110-261) is amended by inserting The Supreme Court of the United States with the warrantless surveillance pro- at the end the following: has gone absent without leave on the issue, gram authorized by the President after in my legal opinion. When the Detroit Fed- ‘‘SEC. 302. SUBSTITUTION OF THE UNITED STATES IN CERTAIN ACTIONS. September 11, 2001. The legislation eral judge found the terrorist surveillance ‘‘(a) IN GENERAL.— stripped the Federal courts of jurisdic- program unconstitutional, it was [reversed] tion to decide more than 40 consoli- ‘‘(1) CERTIFICATION.—Notwithstanding any by the Sixth Circuit on a 2-to-1 opinion on other provision of law, a Federal or State grounds of lack of standing. Then the Su- dated cases involving claims of viola- court shall substitute the United States for preme Court refused to review the case. But tions of FISA and related statutes, an electronic communication service pro- the very formidable dissenting opinion laid even though most Members of Congress vider with respect to any claim in a covered out all of the grounds where there was ample had not been briefed on the program, civil action as provided in this subsection, if basis to grant standing. Now we have Chief the Attorney General certifies to that court and despite the fact that the judge han- Judge Walker declaring the [surveillance il- that— dling the cases, Chief Judge Vaughn legal]. The Congress ought to let the courts ‘‘(A) with respect to that claim, the assist- Walker of the Northern District of fulfill their constitutional function. California, had questioned the legality ance alleged to have been provided by the It is not too late to provide for judi- electronic communication service provider of the program in a related opinion cial review of controversial post-9/11 was— issued just days before the final Senate intelligence surveillance activities. ‘‘(i) provided in connection with an intel- debate. The cases before Judge Vaughn Walker ligence activity involving communications During the February and July FISA are still pending and, even if he were to that was— debates, I sought to keep the courts dismiss them under the statutory de- ‘‘(I) authorized by the President during the open as a way to check executive fenses dubbed retroactive immunity, period beginning on September 11, 2001, and branch excesses. Through both a stand- Congress can and should permit the ending on January 17, 2007; and alone bill, S. 2402, considered by the ‘‘(II) designed to detect or prevent a ter- cases to be refiled against the Govern- rorist attack, or activities in preparation for Senate Judiciary Committee and an ment, standing in the shoes of the car- a terrorist attack, against the United States; amendment, SA 3927 to S. 2248, offered riers. and during the Senate’s February debate on This legislation substitutes the U.S. ‘‘(ii) described in a written request or di- the FISA reform bill, I proposed to sub- in place of any electronic communica- rective from the Attorney General or the

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head of an element of the intelligence com- veillance Court shall limit any public disclo- ‘‘(ii) BINDING THE GOVERNMENT.—If a plain- munity (or the deputy of such person) to the sure concerning such determination, includ- tiff in a covered civil action serves deposi- electronic communication service provider ing any public order following such an ex tion notices under rule 30(b)(6) of the Federal indicating that the activity was— parte review, to a statement that the condi- Rules of Civil Procedure or requests for ad- ‘‘(I) authorized by the President; and tions of clause (i) have or have not been met, mission under rule 36 of the Federal Rules of ‘‘(II) determined to be lawful; or without disclosing the basis for the deter- Civil Procedure upon an electronic commu- ‘‘(B) the electronic communication service mination. nications service provider as to which all provider did not provide the alleged assist- ‘‘(D) SPECIAL RULE.—Notwithstanding any claims were dismissed, the electronic com- ance. other provision of this Act— munications service provider shall be ‘‘(2) SUBSTITUTION.— ‘‘(i) in any matter in which the Foreign In- deemed a party-defendant for purposes rule ‘‘(A) IN GENERAL.—Except as provided in telligence Surveillance Court denies dis- 30(b)(6) or rule 36 and its answers and admis- subparagraph (B), and subject to subpara- missal on grounds that the statutory de- sions shall be deemed binding upon the Gov- graph (C), upon receiving a certification fenses provided in title VIII of the Foreign ernment. under paragraph (1), a Federal or State court Intelligence Surveillance Act of 1978 are un- ‘‘(b) CERTIFICATIONS.— shall— constitutional, the Attorney General shall ‘‘(1) IN GENERAL.—For purposes of substi- ‘‘(i) substitute the United States for the be substituted pursuant to this paragraph; tution proceedings under this section— electronic communication service provider and ‘‘(A) a certification under subsection (a) as the defendant as to all claims designated ‘‘(ii) if a claim is dismissed pursuant to may be provided and reviewed in camera, ex by the Attorney General in that certifi- title VIII of the Foreign Intelligence Surveil- parte, and under seal; and cation, consistent with the procedures under lance Act of 1978 prior to date of enactment ‘‘(B) for any certification provided and re- rule 25(c) of the Federal Rules of Civil Proce- of this section, the claim against the United viewed as described in subparagraph (A), the dure, as if the United States were a party to States shall be tolled for the period during court shall not disclose or cause the disclo- whom the interest of the electronic commu- which the claim was pending and may be re- sure of its contents. nication service provider in the litigation filled against the United States pursuant to ‘‘(2) NONDELEGATION.—The authority and had been transferred; and rule 60(b) of the Federal Rules of Civil Proce- duties of the Attorney General under this ‘‘(ii) as to that electronic communication dure after the date of enactment of this sec- section shall be performed by the Attorney service provider— tion. General or a designee in a position not lower ‘‘(I) dismiss all claims designated by the ‘‘(3) PROCEDURES.— than the Deputy Attorney General. Attorney General in that certification; and ‘‘(A) TORT CLAIMS.—Upon a substitution ‘‘(c) SOVEREIGN IMMUNITY.—This section, ‘‘(II) enter a final judgment relating to under paragraph (2), for any tort claim— including any Federal statute cited in this those claims. ‘‘(i) the claim shall be deemed to have been section that operates as a waiver of sov- ‘‘(B) CONTINUATION OF CERTAIN CLAIMS.—If filed under section 1346(b) of title 28, United ereign immunity, constitute the sole waiver a certification by the Attorney General States Code, except that sections 2401(b), of sovereign immunity with respect to any under paragraph (1) states that not all of the 2675, and 2680(a) of title 28, United States covered civil action. alleged assistance was provided under a writ- Code, shall not apply; and ‘‘(d) CIVIL ACTIONS IN STATE COURT.—For ten request or directive described in para- ‘‘(ii) the claim shall be deemed timely filed purposes of section 1441 of title 28, United graph (1)(A)(ii), the electronic communica- against the United States if it was timely States Code, any covered civil action that is tion service provider shall remain as a de- filed against the electronic communication brought in a State court or administrative fendant. service provider. or regulatory bodies shall be deemed to arise ‘‘(C) DETERMINATION.— ‘‘(B) CONSTITUTIONAL AND STATUTORY under the Constitution or laws of the United ‘‘(i) IN GENERAL.—Substitution under sub- CLAIMS.—Upon a substitution under para- States and shall be removable under that paragraph (A) shall proceed only after a de- graph (2), for any claim under the Constitu- section. termination by the Foreign Intelligence Sur- tion of the United States or any Federal ‘‘(e) RULE OF CONSTRUCTION.—Except as ex- veillance Court that— statute— pressly provided in this section, nothing in ‘‘(I) the written request or directive from ‘‘(i) the claim shall be deemed to have been this section may be construed to limit any the Attorney General or the head of an ele- filed against the United States under section immunity, privilege, or defense under any ment of the intelligence community (or the 1331 of title 28, United States Code; other provision of law, including any privi- deputy of such person) to the electronic com- ‘‘(ii) with respect to any claim under a lege, immunity, or defense that would other- munication service provider under paragraph Federal statute that does not provide a cause wise have been available to the United (1)(A)(ii) complied with section of action against the United States, the 2511(2)(a)(ii)(B) of title 18, United States plaintiff shall be permitted to amend such States absent its substitution as party-de- Code; claim to substitute, as appropriate, a cause fendant or had the United States been the ‘‘(II) the assistance alleged to have been of action under— named defendant. provided was undertaken by the electronic ‘‘(I) section 704 of title 5, United States ‘‘(f) EFFECTIVE DATE AND APPLICATION.— communication service provider acting in Code (commonly known as the Administra- This section shall apply to any covered civil good faith and pursuant to an objectively tive Procedure Act); action pending on or filed after the date of reasonable belief that compliance with the ‘‘(II) section 2712 of title 18, United States enactment of this section.’’. written request or directive under paragraph Code; or (1)(A)(ii) was permitted by law; or ‘‘(III) section 110 of the Foreign Intel- By Mr. SPECTER: ‘‘(III) the electronic communication serv- ligence Surveillance Act of 1978 (50 U.S.C. S. 877. A bill to provide for the non- ice provider did not provide the alleged as- 1810); discretionary Supreme Court review of sistance. ‘‘(iii) the statutes of limitation applicable certain civil actions relating to the le- ‘‘(ii) CERTIFICATION.—If the Attorney Gen- to the causes of action identified in clause gality and constitutionality of surveil- eral submits a certification under paragraph (ii) shall apply to any amended claim under lance activities; to the Committee on (1), the court to which that certification is that clause subject to the tolling require- the Judiciary. submitted shall— ments of paragraph (2)(D)(ii), and any such ‘‘(I) immediately certify the questions de- cause of action shall be deemed timely filed Mr. SPECTER. Mr. President, I have scribed in clause (i) to the Foreign Intel- if any Federal statutory cause of action sought recognition to introduce legis- ligence Surveillance Court; and against the electronic communication serv- lation that will mandate Supreme ‘‘(II) stay further proceedings in the rel- ice provider was timely filed; and Court review of challenges to the evant litigation, pending the determination ‘‘(iv) for any amended claim under clause warrantless wiretapping program au- of the Foreign Intelligence Surveillance (ii) the United States shall be deemed a prop- thorized by President Bush after 9/11, Court. er defendant under any statutes described in commonly known as the Terrorist Sur- ‘‘(iii) PARTICIPATION OF PARTIES.—In re- that clause, and any plaintiff that had stand- veillance Program or TSP. viewing a certification and making a deter- ing to proceed against the original defendant mination under clause (i), the Foreign Intel- shall be deemed an aggrieved party for pur- While the Supreme Court generally ligence Surveillance Court shall permit any poses of proceeding under section 2712 of title exercises discretion as to whether it plaintiff and any defendant in the applicable 18, United States Code, or section 110 of the will review a case or grant ‘‘certio- covered civil action to appear before the For- Foreign Intelligence Surveillance Act of 1978 rari,’’ there are precedents for Congress eign Intelligence Surveillance Court pursu- (50 U.S.C. 1810). to direct Supreme Court review on con- ant to section 103 of the Foreign Intelligence ‘‘(C) DISCOVERY.— stitutional issues—including the stat- Surveillance Act of 1978 (50 U.S.C. 1803). ‘‘(i) IN GENERAL.—In a covered civil action utes forbidding flag burning and requir- ‘‘(iv) DECLARATIONS.—If the Attorney Gen- in which the United States is substituted as ing Congress to abide by Federal em- eral files a declaration under section 1746 of party-defendant under paragraph (2), any title 28, United States Code, that disclosure plaintiff may serve third-party discovery re- ployment laws—and the gravity of this of a determination made pursuant to clause quests to any electronic communications issue merits Congressional action. (i) would harm the national security of the service provider as to which all claims are In August 2006, Judge Anna Diggs United States, the Foreign Intelligence Sur- dismissed. Taylor of the U.S. District Court for

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4680 CONGRESSIONAL RECORD — SENATE April 23, 2009 the Eastern District of Michigan issued the Constitution, and it has exercised reports of suspected terrorist activity a 43-page opinion finding the TSP un- this prerogative. For example, 28 or suspicious behavior and response; to constitutional. At the time, many ap- U.S.C. § 3904 provides for direct appeal the Committee on the Judiciary. plauded and many others criticized her to the Supreme Court of decisions Ms. COLLINS. Mr. President, the re- decision, but we have yet to see appel- ‘‘upon the constitutionality’’ of the cent terrorist attacks in Mumbai, late review on the merits. Instead, in Congressional Accountability Act if India, are a sobering reminder that ter- July 2007, the U.S. Court of Appeals for the Court ‘‘has not previously ruled on rorists continue to threaten our Nation the 6th Circuit overturned the district the question’’ and requires the Court to and civilized people throughout the court’s decision on other grounds. By a ‘‘expedite the appeal.’’ Congress used world. An alert citizenry is our first 2–1 vote, in ACLU v. NSA, it declined nearly identical language to provide line of defense against terrorist at- to rule on the legality of the program, for direct appeal and expedited Su- tacks, particularly attacks like those finding that the plaintiffs lacked preme Court review of the constitu- in Mumbai. Our laws must protect indi- standing to bring the suit. The Su- tionality of a ban on flag burning in 18 viduals from frivolous lawsuits when preme Court then declined to hear the U.S.C. § 700. they report, in good faith, suspicious case, even though the doctrine of I propose similar action here. It is behavior that may indicate terrorist standing has enough flexibility, as hard to conceive of a better case to activity. That is why I am introducing demonstrated by the dissent in the 6th have finally decided in the Supreme legislation, with Senator LIEBERMAN, Circuit, to have enabled it to take up Court than one which challenges the that will provide these important pro- this fundamental clash between Con- legality of warrantless wiretapping—or tections. the constitutionality of the retroactive gress and the President. In the 2007 homeland security law, With the Supreme Court abstaining, statutory defenses passed by Congress Chairman LIEBERMAN and I coauthored last year. another lone district judge took a a provision to encourage people to re- stand. In In re National Security Agen- Mr. President, I ask unanimous con- sent that the text of the bill be printed port potential terrorist threats di- cy Telecommunications Records Liti- rected against transportation systems. gation, Chief Judge Vaughn Walker in in the RECORD. There being no objection, the text of This new legislation would expand the Northern District of California con- those protections to reports of sus- sidered a case brought by an Islamic the bill was ordered to be printed in the RECORD, as follows: picious behavior in sectors other than charity that claims to have been a sub- transportation. For example, reports of ject of the surveillance program. In a S. 877 Be it enacted by the Senate and House of Rep- suspicious activity could be equally 56-page opinion he held that Congress’s important in detecting terrorist plans enactment of the Foreign Intelligence resentatives of the United States of America in Congress assembled, to attack ‘‘soft targets’’ like the ho- Surveillance Act of 1978, FISA, had SECTION 1. MANDATORY SUPREME COURT RE- tels, restaurants, and religious institu- constrained the President’s inherent VIEW OF CERTAIN CIVIL ACTIONS. tions targeted in Mumbai. authority—if any—to conduct Chapter 81 of title 28, United States Code, Real life examples highlight the need warrantless wiretapping: ‘‘Congress ap- is amended by inserting at the end the fol- for this bill. In December 2008, a Fed- pears clearly to have intended to—and lowing: eral jury convicted 5 men from New did—establish the exclusive means for ‘‘SEC. 1260. MANDATORY SUPREME COURT RE- Jersey of conspiring to murder Amer- foreign intelligence surveillance activi- VIEW OF CERTAIN CIVIL ACTIONS CONCERNING SURVEILLANCE AC- ican soldiers at Fort Dix. According to ties to be conducted. Whatever power TIVITIES. law enforcement officials, the report of the executive may otherwise have had ‘‘(a) IN GENERAL.—The Supreme Court an alert store clerk, who reported that in this regard, FISA limits the power shall, if it has not previously ruled on the a customer had brought in a video of the executive branch to conduct question, accept jurisdiction over any appeal showing men firing weapons and shout- such activities.’’ Nevertheless, this of an interlocutory or final judgment, de- cree, or order of a court of appeals in any ing in Arabic, triggered their investiga- finding is preliminary. case challenging the legality or constitu- Whatever Chief Judge Walker ulti- tion. But for the report of this vigilant tionality of— store clerk, law enforcement may not mately decides, my bill will permit any ‘‘(1) the President’s Surveillance Program, party who is disaffected by a subse- have disrupted this plot against Fort commonly known as the Terrorist Surveil- Dix. quent decision in the Ninth Circuit to lance Program, as defined in section 301(a)(3) have the case heard by the Supreme of the Foreign Intelligence Surveillance Act That store clerk’s action likely saved Court by eliminating discretionary re- of 1978 Amendments Act of 2008 (Public Law hundreds of lives. It also reveals a core view. Under my bill, the Supreme 110–261); truth of the dangerous times in which Court would also have to review ap- ‘‘(2) the statutory defenses established in we live. Our safety depends on more Section 802(a)(4) of the Foreign Intelligence than just police officers, intelligence peals concerning the constitutionality Surveillance Act of 1978, as amended by title or legality of: the Terrorist Surveil- analysts, and soldiers. It also depends II of the Foreign Intelligence Surveillance on the alertness and civic responsi- lance Program writ large; the statu- Act of 1978 Amendments Act of 2008 (Public tory immunity for telecommunications Law 110–261); or bility of all Americans. providers created by Title II of the ‘‘(3) any intelligence activity involving We must encourage citizens to be FISA Amendments Act of 2008; and any communications that was authorized by the watchful and to report suspicious ac- other intelligence activity involving President during the period beginning on tivity whenever it occurs. That impera- communications that was authorized September 11, 2001, and ending at such time tive is even stronger in the aftermath as the activity was approved by a Federal by the President during the period be- of the November 2008 terrorist attacks court. in Mumbai, where it appears that the ginning on September 11, 2001, and end- ‘‘(b) EXPEDITED CONSIDERATION.—The Su- ing at such time as the activity was ap- preme Court shall advance on the docket any terrorists performed reconnaissance on proved by a Federal court. appeal referred to in subsection (a), and ex- a number of the targets before the ac- Relying on similar precedents, the pedite the appeal to the greatest extent pos- tual attacks. bill requires the High Court to expedite sible.’’. Senator LIEBERMAN and I recently its consideration of such cases. The SEC. 2. CLERICAL AMENDMENT. convened two hearings in the Home- bill, however, is limited to cir- The chapter analysis for chapter 81 of title land Security Committee to examine 28, United States Code, is amended by insert- lessons learned from those horrific at- cumstances where the Court has not ing at the end the following: tacks. These hearings have reinforced previously decided the question at ‘‘Sec. 1260. Mandatory supreme court review issue. Thus, it does not create a perma- of certain civil actions con- our long-standing concern that terror- nent right of review for all similarly cerning surveillance activi- ists might shift their attention from situated parties, but it does require the ties.’’. high-value, high-security targets to Court to take up the matter in the first less secure commercial facilities, instance. By Ms. COLLINS (for herself and where there is the potential for mass Congress clearly has the power to re- Mr. LIEBERMAN): casualties and widespread panic. As we quire appellate review by the Supreme S. 879. A bill to amend the Homeland witnessed during the three-day siege of Court under Article III, Section 2 of Security Act to provide immunity for Mumbai, commercial facilities or ‘‘soft

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4681 targets,’’ such as the Taj Mahal, Tri- Let me make very clear that this bill Michael Edes, Chair- dent, and Oberoi Hotels, are vulner- does not offer any protection whatso- man, National able, tempting targets. ever if an individual makes a state- Troopers Coalition. Many of the Committee’s witnesses ment that he or she knows to be false. during these hearings, including No one will be able to use this protec- NATIONAL SHERIFFS’ ASSOCIATION, Charles Allen, DHS’s Chief Intelligence tion as cover for mischievous, vengeful, Alexandria, VA, March 24, 2009. Officer, Donald Van Duyn, the FBI’s Hon. SUSAN M. COLLINS, or biased falsehoods. Dirksen Senate Office Building, Chief Intelligence Officer, New York Our laws and legal system must not Washington, DC. City Police Commissioner Raymond be hijacked to intimidate people into DEAR SENATOR COLLINS: On behalf of the Kelley, and Al Orlob, Marriott Inter- silence or to prevent our officials from National Sheriffs’ Association (NSA), I am national’s Vice President for Corporate responding to terrorist threats. Pro- writing to express our support for the See Security, endorsed the idea of expand- tecting citizens who make good faith Something, Say something Act of 2009. ing the 2007 law beyond the transpor- reports—and that’s an important con- As you may know, the National Sheriffs’ tation sector. Indeed, Commissioner dition in this bill—of potentially lethal Association is the creator of the Neighbor- Kelley said that the 2007 law ‘‘made activities is essential to maintaining hood Watch Program which is one of the old- eminently good sense’’ and rec- our homeland security. Our bill offers est and best-known citizen and law enforce- ommended ‘‘that it be expanded [to protection in a measured way that dis- ment based crime prevention concepts in the other sectors] if at all possible.’’ courages abuses from either side. United States. In the late 1960s, an increase in crime heightened the need for a crime pre- Unfortunately, we have seen that our Each of us has an important respon- sibility in the fight against terrorism. vention initiative focused on residential legal system can be used to chill the areas involving local citizens. We responded, willingness of citizens to come forward It is not a fight that can be left to law creating the National Neighborhood Watch and report possible dangers. As widely enforcement alone. The police simply Program in 1972 to assist citizens and law en- reported by the media in 2006, US Air- can’t be everywhere. Whether at a forcement. ways removed 6 Islamic clerics from a hotel, a mall, or an arena, homeland For nearly four decades, particularly after flight after other passengers expressed security and law enforcement officials the terrorist attacks in 2001, the nation’s concerns that some of the clerics had need all citizens to alert them to unat- sheriffs have witnessed firsthand, citizens be- moved out of the their assigned seats tended packages and behavior that ap- coming more empowered by becoming active and had requested, but were not using, pears out of the ordinary. in homeland security efforts through partici- pation in Neighborhood Watch. Thus, we un- seat belt extenders that could possibly Many national organizations, such as the Fraternal Order of Police, the Na- derstand and recognize the importance of en- double as weapons. In response to these couraging citizen involvement and the role concerns, US Airways officials removed tional Sheriffs’ Association, the Na- tional Troopers Coalition, and the Na- they play in ensuring homeland security. these individuals from the plane so The proposed measure would build on this that they could further investigate. tional Association of Town Watch, sup- port this legislation. concept by providing the needed legal pro- For voicing their reasonable fears tections to individuals who report suspicious If someone ‘‘sees something’’ sus- that these passengers could be rehears- activity to an authorized official, in good picious, Congress has an obligation to ing or preparing to execute a hijacking, faith, that might reflect terrorist threats. ensure that he or she will ‘‘say some- these honestly concerned travelers Additionally, it would provide qualified im- thing’’ about it. This bill promotes and found themselves as defendants in a munity from civil liability for an authorized protects that civic duty. I urge my col- official who takes reasonable action in good civil rights lawsuit and accused of big- leagues to support it. faith to respond to the reported activity. otry. The old adage about how ‘‘no There being no objection, the mate- We thank you for your continued leader- good deed goes unpunished’’ is quite rial was ordered to be placed in the ship and support of the nation’s emergency apt here. RECORD, as follows; responders. The existence of this lawsuit clearly Sincerely, illustrates how unfair it is to allow pri- NATIONAL TROOPERS COALITION March 24, 2009. SHERIFF DAVID A. GOAD, President. vate citizens to be intimidated into si- Hon. SUSAN COLLINS, lence by the threat of litigation. Would Ranking Member, Committee on Homeland Se- the passengers have spoken up if they curity and Governmental Affairs, U.S. Sen- NATIONAL ASSOCIATION OF had anticipated that there would be a ate, Washington, DC. TOWN WATCH, lawsuit filed against them? Even if DEAR SENATOR COLLINS: On behalf of the Wynnewood, PA, March 24, 2009. such suits fail, they can expose citizens National Troopers Coalition and its 40,000 Hon. SUSAN M. COLLINS, to heavy costs in time and legal fees. members comprised of State Troopers and Washington, DC. Highway Patrol Officers, I am writing in sup- DEAR SENATOR COLLINS: On behalf of the The bill we introduce today would port of your efforts to pass the ‘‘See Some- provide civil immunity in American National Association of Town Watch thing, Say Something Act’’. We applaud your (NATW), I am writing to express our support courts for any person acting in good efforts to keep this country safe. for the See Something, Say Something Act faith who reports any suspicious trans- Our nation is currently at war against ter- of 2009. rorists that want to destroy our country and action, activity, or occurrence related The National Association of Town Watch is disrupt our way of life. It is vital that we re- to an act of terrorism. Specifically, the a nonprofit, crime prevention organization main vigilant in our efforts to combat ter- bill would encourage people to pass on whose members include citizen crime watch rorism and keep our country safe. The See groups, law enforcement agencies and other information to Federal officials with Something, Say Something Act, will provide organizations across the country involved in responsibility for preventing, pro- necessary liability protections for citizens organized, anticrime activities. NATW also tecting against, disrupting, or respond- that report suspicious activity and for law sponsors the annual ‘‘National Night Out’’ ing to a terrorist act or to Federal, enforcement officers that act upon these re- crime prevention event which has grown to ports. We live in a litigious society and one State, and local law enforcement offi- involve over 15,000 communities from all 50 should not be fearful of litigation when de- cials without fear of being sued for states on the first Tuesday each August. termining if he or she should report sus- doing their civic duty. Only disclosures Since 1981, NATW has always promoted the made to those responsible officials picious activities that could prevent cata- strophic loss of life. What we have learned in concept of citizens working in close coopera- would be protected by the legislation. our efforts to combat terrorism is that ev- tion with their local law enforcement and Once a report is received, those offi- eryone needs to remain vigilant and report serving as ‘‘extra eyes and ears.’’ The pro- cials would be responsible for assessing all suspicious activities. posed legislation blends beautifully with its reasonableness and determining We support your efforts to provide liability NATW’s mission. It is critical to legally pro- whether further action is required. If protections for citizens acting in good faith tect individuals who report suspicious activ- they take reasonable action to miti- that report suspicious activity. We can not ity to an authorized official, in good faith, turn a ‘‘blind eye’’ to the terrorists we are that might reflect terrorist threats. This leg- gate the reported threat, they, too, islation also would provide qualified immu- would be protected from lawsuits. Just fighting and we must encourage and support an ever vigilant society. nity from civil liability for an authorized of- as we should not discourage reporting Respectfully, ficial who takes reasonable action in good suspicious incidents, we also should A. BRADFORD CARD, faith to respond to the reported activity. not discourage reasonable responses to Federal Government We thank you for bringing this legislation them. Affairs (NTC), for: forward and for supporting law enforcement

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4682 CONGRESSIONAL RECORD — SENATE April 23, 2009 and concerned citizens across our great na- Native Brotherhood in 1912. In 1935, the development lands’’ in the bill could be tion. Jurisdictional Act, which allowed the used for timber related and non-timber Sincerely, Tlingit and Haida Indians to pursue related economic development. These MATT A. PESKIN, their land claims in the U.S. Court of lands are on Prince of Wales Island, on Executive Director. Claims, was enacted by Congress. nearby Kosciusko Island. NATIONAL FRATERNAL ORDER After decades of litigation, the native Sealaska observes that if it were re- OF POLICE, people of Southeast Alaska received a quired to take title to lands within the Washington, DC, April 22, 2009. cash settlement in 1968 from the Court constraints prescribed by the 1971 legis- Hon. SUSAN M. COLLINS, of Claims for the land previously taken lation it would take title to large Ranking Member, Committee on Homeland Se- to create the Tongass National Forest swaths of roadless acres in pristine por- curity and Governmental Affairs, U.S. Sen- and the Glacier Bay National Monu- tions of the Tongass National Forest. ate, Washington, DC. ment. Yes, there was a cash settlement The lands it proposes to take for eco- DEAR SENATOR COLLINS, On behalf of the membership of the Fraternal Order of Police, of $7.5 million, but the Native people of nomic uses under this legislation are I am writing to advise you of our strong sup- Southeast Alaska have long believed predominantly in roaded and less sen- port for the bill you have introduced entitled that it did not adequately compensate sitive areas of the Tongass National the ‘‘See Something, Say Something Act.’’ them for the loss of their lands and re- Forest. Following the terrorist attacks on 11 Sep- sources. The pools of lands that would be tember 2001 every American, especially law Beware of the law of unintended con- available to Sealaska under this legis- enforcement officers, have become more vigi- lation are depicted on a series of maps lant. Unfortunately, the increasingly liti- sequences. When the native people of gious nature of our society may result in Southeast Alaska chose to pursue their referred to in the bill. It must be em- many citizens choosing to ‘‘stay out of it’’— land claims in court they could not phasized that not all of the lands de- even if they see something or someone sus- have foreseen that Congress would ulti- picted on these maps will end up in picious. Citizens who have reported sus- mately settle the land claims of all of Sealaska’s ownership. Sealaska cannot picious activity and law enforcement officers Alaska’s native people through the receive title to lands in excess of its re- who have acted on these reports have been Alaska Native Claims Settlement Act maining acreage entitlement under the sued in Federal, State and local courts even of 1971. Nor could they have foreseen 1971 legislation and this legislation though their concerns were reasonable and does not change that entitlement. without malice. The result is that all of us that they would be disadvantaged in may be more hesitant to report or act upon obtaining the return of their aboriginal Early in the 110th Congress, several any suspicious behavior we might see. lands because of their early, and ulti- of our friends in the other body intro- Congress took a step in the right direction mately successful, effort to litigate duced H.R. 3560 to address these issues. in 2007 when it passed legislation granting their land claims. Sadly this was the Later in September 2008 I introduced immunity from civil liability for citizens case. legislation similar to this bill to give who report suspicious activity and law en- The Alaska Native Claims Settle- all parties time to thoroughly review forcement officers who act upon such reports the measure. Over the past two years, involving threats to transportation security. ment Act of 1971 imposed a series of Your bill would expand this immunity to highly prescriptive limitations on the Sealaska, and the communities of cover all suspicious activity whether it is in lands that Sealaska Corporation, the Southeast Alaska have worked collabo- a train station, a Federal building, or a regional Alaska Native Corporation ratively in good faith to identify issues sports stadium. This bill will not only pro- formed for Southeast Alaska, could se- that may arise from the transfer of tect vigilant individuals from frivolous law- lect in satisfaction of the Tlingit and lands on which those communities suits, but it also greatly increases our na- Haida land claim. None of the other 11 have relied for subsistence and recre- tion’s security. ation out of the Tongass National For- On behalf of the more than 327,000 members Alaska-based regional native corpora- of the Fraternal Order of Police, I would like tions were subject to these limitations. est and into native corporation owner- to thank you again for your leadership on Today, I join with my Alaska col- ship. My colleagues in the Alaska con- this issue. If I can be of any further assist- league, Sen. MARK BEGICH, cosponsored gressional delegation and I have de- ance, please do not hesitate to contact me, by Sens. DANIEL AKAKA and DANIEL voted a great deal of time in reaching or Executive Director Jim Pasco, in my INOUYE to introduce legislation to right out and encouraging comment from Washington office. this wrong. Southeast Alaska on this new bill. Sincerely, For the most part, Sealaska Corpora- Sealaska has itself conducted numer- CHUCK CANTERBURY, ous public meetings on the bill National President. tion has agreed to live within the con- straints imposed by the 1971 legisla- throughout the region. I believe that By Ms. MURKOWSKI (for herself, tion. It has taken conveyance of rough- these efforts have helped us to formu- Mr. BEGICH, Mr. AKAKA, and Mr. ly 290,000 acres from the pool of lands it late a bill that addresses the concerns INOUYE): was allowed to select under the 1971 we most frequently heard. S. 881. A bill to provide for the settle- act. As Sealaska moves to finalize its The legislation we are introducing ment of certain claims under the Alas- land selections it has asked the Con- today in the 111th Congress is different ka Native Claims Settlement Act, and gress for flexibility to receive title to from the original bill in numerous re- for other purposes; to the Committee certain lands that it was not permitted spects. In some cases, the lands open to on Energy and Natural Resources. to select under the prescriptive, and as Sealaska selection have changed from Ms. MURKOWSKI. Mr. President, Sealaska believes, discriminatory, lim- those that were available in the first The Tlingit and Haida people, the first itations contained in the 1971 legisla- House bill to accommodate community people of Southeast Alaska, were per- tion. concerns. For example, this bill, com- haps the first group of Alaska natives The legislation we are introducing pared to last September’s version, re- to organize for the purpose of asserting today would allow Sealaska to select duces the economic development tim- their aboriginal land claims. The na- its remaining entitlement from outside ber land selection pool to about 78,000 tive land claims movement in the rest of the withdrawal areas permitted in acres from 80,000 to protect additional of Alaska did not gain momentum the 1971 legislation. It allows the Na- boat anchorages by retention of shore- until the 1960s when aboriginal land ti- tive Corporation to select up to 3,600 line timber in Shipley Bay on northern tles were threatened by the impending acres of its remaining land entitlement Prince of Wales Island and at Cape Pole construction of the Trans Alaska Pipe- from lands with sacred, cultural, tradi- on southwest Kosciusko Island. It line. In Southeast Alaska, the taking tional or historical significance eliminates the Lacy Cover Native Fu- of Native lands for the Tongass Na- throughout the Alaska Panhandle. tures Site on northern Chichagof Is- tional Forest and Glacier Bay National Substantial restrictions will be placed land, it provides full public access Monument spurred the Tlingit and on the use of these lands. across sacred sites and historic trail Haida people to fight to recover their Up to 5,000 acres of land could be se- conveyances near Yakutat and Kake. It lands in the early part of the 20th Cen- lected for non-timber related economic addresses the concern of the Huna In- tury. development. These lands are called dian Association for management of sa- One of the first steps in this battle ‘‘Native Futures’’ Sites in the bill. cred sites in Glacier Bay and it deals came with the formation of the Alaska Other lands referred to as ‘‘economic with a complaint about the original

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4683 bill by the U.S. Forest Service. Our the number of Alaska Native shareholders cent of the total revenues shared under that conversations have led to precedent residing in the region of the Regional Cor- section during that period; setting commitment by the Sealaska poration bore to the total number of Alaska (9) as a result of the small land entitle- Corporation to maintain public access Native shareholders, or the relative size of ment of Sealaska, it is critical that the re- the area to which the Regional Corporation maining land entitlement conveyances to to the economic development lands it had an aboriginal land claim bore to the size Sealaska under the Alaska Native Claims receives on Prince of Wales Island for of the area to which all Regional Corpora- Settlement Act (43 U.S.C. 1601 et seq.) are subsistence uses and recreational ac- tions had aboriginal land claims; fulfilled to continue to meet the economic, cess. These commitments are laid out (4)(A) Sealaska, the Regional Corporation social, and cultural needs of the Alaska Na- in section 4(d) of this bill. for southeast Alaska, 1 of the Regional Cor- tive shareholders of southeast Alaska and Sealaska also has offered a series of porations with the largest number of Alaska the Alaska Native community throughout commitments to ensure that the bene- Native shareholders, with more than 21 per- Alaska; cent of all original Alaska Native share- (10)(A) the conveyance requirements of the fits of this legislation flow to the holders, did not receive land under section 12 broader Southeast Alaska economy and Alaska Native Claims Settlement Act (43 of the Alaska Native Claims Settlement Act U.S.C. 1601 et seq.) for southeast Alaska not just to the Corporation and its na- (43 U.S.C. 1611); limit the land eligible for conveyance to tive shareholders. These commitments (B) the Tlingit and Haida Indian Tribes of Sealaska to the original withdrawal areas are memorialized in a letter from Alaska was 1 of the entities representing the surrounding 10 Alaska Native villages in Alaska Natives of southeast Alaska before Sealaska’s chairman, Alaska State southeast Alaska, which precludes Sealaska the date of enactment of the Alaska Native Senator Albert Kookesh, and its presi- from selecting land located— Claims Settlement Act (43 U.S.C. 1601 et (i) in any withdrawal area established for dent and chief executive officer, Chris seq.); and the Urban Corporations for Sitka and Ju- E. McNeil, Jr. (C) Sealaska did not receive land in propor- neau, Alaska; or We all hope that after 38 years that tion to the number of Alaska Native share- (ii) outside the 10 Alaska Native village this measure can advance to passage holders, or in proportion to the size of the withdrawal areas; and this Congress and resolve the last 65,000 area to which Sealaska had an aboriginal land claim, in part because of a United (B) unlike other Regional Corporations, to 85,000 acres of entitlement that Sealaska was not authorized to request land southeast Alaska’s 23,000 Native share- States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes of Alas- located outside the withdrawal areas de- holders have long had a right to re- ka in 1968 for land previously taken to create scribed in subparagraph (A) if the with- ceive. It is impossible to expect Alas- the Tongass National Forest and Glacier Bay drawal areas were insufficient to complete ka’s native corporations to provide National Monument; the land entitlement of Sealaska under the meaningful assistance to Alaska’s na- (5) the Court of Claims cash settlement of Alaska Native Claims Settlement Act (43 tive community if they continue to be $7,500,000 did not— U.S.C. 1601 et seq.); (11) 44 percent (820,000 acres) of the 10 Alas- denied the lands that Congress in- (A) adequately compensate the Alaska Na- tives of southeast Alaska for the significant ka Native village withdrawal areas estab- tended them to receive to utilize to lished under the Alaska Native Claims Set- provide economic benefits for the na- quantity of land and resources lost as a re- sult of the creation of the Tongass National tlement Act (43 U.S.C. 1601 et seq.) described tive people’s of the State. I hope this Forest and Glacier Bay National Monument in paragraph (10) are composed of salt water measure can pass and become law be- or other losses of land and resources; or and not available for selection; fore the 40th anniversary of the claims (B) justify the significant disparate treat- (12) of land subject to the selection rights settlement act in 2011. Justice delayed ment of Sealaska under the Alaska Native of Sealaska, 110,000 acres are encumbered by truly is justice denied. Claims Settlement Act (43 U.S.C. 1611); gubernatorial consent requirements under (6)(A) while each other Regional Corpora- the Alaska Native Claims Settlement Act (43 Mr. President, I ask unanimous con- U.S.C. 1601 et seq.); sent that the text of the bill be printed tion received a significant quantity of land under sections 12 and 14 of the Alaska Native (13) the Forest Service and the Bureau of in the RECORD. Claims Settlement Act (43 U.S.C. 1611, 1613), Land Management grossly underestimated There being no ojbection, the text of Sealaska only received land under section the land entitlement of Sealaska under the the bill was ordered to be printed in 14(h) of that Act (43 U.S.C. 1613(h)), which Alaska Native Claims Settlement Act (43 the RECORD, as follows: provided a 2,000,000-acre land pool from U.S.C. 1601 et seq.), resulting in an insuffi- S. 881 which Alaska Native selections could be cient area from which Sealaska could select made for historic sites, cemetery sites, land suitable for traditional, cultural, and Be it enacted by the Senate and House of Rep- Urban Corporation land, Native group land, socioeconomic purposes to accomplish a set- resentatives of the United States of America in and Native Allotments; tlement ‘‘in conformity with the real eco- Congress assembled, (B) under section 14(h)(8) of that Act (43 nomic and social needs of Natives’’, as re- SECTION 1. SHORT TITLE. U.S.C. 1613(h)(8)), after selections are made quired under that Act; This Act may be cited as the ‘‘Southeast under paragraphs (1) through (7) of that sec- (14) the 10 Alaska Native village with- Alaska Native Land Entitlement Finaliza- tion, the land remaining in the 2,000,000-acre drawal areas in southeast Alaska surround tion Act’’. land pool is allocated based on the propor- the Alaska Native communities of Yakutat, SEC. 2. FINDINGS; PURPOSE. tion that the original Alaska Native share- Hoonah, Angoon, Kake, Kasaan, Klawock, (a) FINDINGS.—Congress finds that— holder population of a Regional Corporation Craig, Hydaburg, Klukwan, and Saxman; (1)(A) in 1971, Congress enacted the Alaska bore to the original Alaska Native share- (15) in each withdrawal area, there exist Native Claims Settlement Act (43 U.S.C. 1601 holder population of all Regional Corpora- factors that limit the ability of Sealaska to et seq.) to recognize and settle the aboriginal tions; and select sufficient land, and, in particular, eco- claims of Alaska Natives to land historically (C) the only land entitlement of Sealaska nomically viable land, to fulfill the land en- used by Alaska Natives for traditional, cul- derives from a proportion of leftover land re- titlement of Sealaska, including factors such tural, and spiritual purposes; and maining from the 2,000,000-acre land pool, es- as— (B) that Act declared that the land settle- timated as of the date of enactment of this (A) with respect to the Yakutat with- ment ‘‘should be accomplished rapidly, with Act at approximately 1,700,000 acres; drawal area— certainty, in conformity with the real eco- (7) despite the small land base of Sealaska (i) 46 percent of the area is salt water; nomic and social needs of Natives’’; as compared to other Regional Corporations (ii) 10 sections (6,400 acres) around the (2) the Alaska Native Claims Settlement (less than 1 percent of the total quantity of Situk Lake were restricted from selection, Act (43 U.S.C. 1601 et seq.)— land allocated pursuant to the Alaska Native with no consideration provided for the re- (A) authorized the distribution of approxi- Claims Settlement Act (43 U.S.C. 1601 et striction; and mately $1,000,000,000 and 44,000,000 acres of seq.)), Sealaska has— (iii)(I) 70,000 acres are subject to a guber- land to Alaska Natives; and (A) provided considerable benefits to share- natorial consent requirement before selec- (B) provided for the establishment of Na- holders; and tion; and tive Corporations to receive and manage the (B) been a significant economic force in (II) Sealaska received no consideration funds and that land to meet the cultural, so- southeast Alaska; with respect to the consent restriction; cial, and economic needs of Native share- (8) pursuant to the revenue sharing provi- (B) with respect to the Hoonah withdrawal holders; sions of section 7(i) of the Alaska Native area, 51 percent of the area is salt water; (3) under section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)), (C) with respect to the Angoon withdrawal Claims Settlement Act (43 U.S.C. 1611), each Sealaska has distributed more than area— Regional Corporation, other than Sealaska $300,000,000 during the period beginning on (i) 120,000 acres of the area is salt water; Corporation (the Regional Corporation for January 1, 1971, and ending on December 31, (ii) Sealaska received no consideration re- southeast Alaska) (referred to in this Act as 2005, to Native Corporations throughout the garding the prohibition on selecting land ‘‘Sealaska’’), was authorized to receive a State of Alaska from the development of from the 80,000 acres located within the Ad- share of land based on the proportion that natural resources, which accounts for 42 per- miralty Island National Monument; and

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and customary trade and migration routes, poration was made available for selection by (B)(i) as of that date, the Bureau of Land to facilitate the perpetuation and preserva- Sealaska; Management notified Sealaska that the tion of Alaska Native culture and history; (D) with respect to the Kake withdrawal total entitlement of Sealaska would be ap- and area— proximately 200,000 acres; and (B) Alaska Native future sites to facilitate (i) 64 percent of the area is salt water; and (ii) Sealaska made entitlement allocation appropriate tourism and outdoor recreation (ii) extensive timber harvesting by the decisions for cultural sites and economic de- enterprises; Forest Service occurred in the area before velopment sites based on that original esti- (21) Sealaska has played, and is expected to 1971 that significantly reduced the value of mate; continue to play, a significant role in the land available for selection by, and convey- (C) as a result of the Alaska Land Transfer health of the southeast Alaska economy; ance to, Sealaska; Acceleration Act (Public Law 108–452; 118 (22)(A) the rate of unemployment in south- (E) with respect to the Kasaan withdrawal Stat. 3575) and subsequent related deter- east Alaska exceeds the statewide rate of un- area— minations and actions of the Bureau of Land employment on a non-seasonally adjusted (i) 54 percent of the area is salt water; and Management, Sealaska will receive signifi- basis; and (ii) the Forest Service previously har- cantly more than 200,000 acres pursuant to (B) in January 2008, the Alaska Depart- vested in the area; the Alaska Native Claims Settlement Act (43 ment of Labor and Workforce Development (F) with respect to the Klawock with- U.S.C. 1601 et seq.); reported the unemployment rate for the drawal area— (D) Sealaska would prefer to allocate more Prince of Wales–Outer Ketchikan census area (i) the area consists of only 5 townships, as of the entitlement of Sealaska to the acqui- at 20 percent; compared to the usual withdrawal area of 9 sition of places of sacred, cultural, tradi- (23) many southeast Alaska communities— townships, because of the proximity of the tional, and historical significance; and (A) are dependent on high-cost diesel fuel Klawock withdrawal area to the Village of (E)(i) pursuant to section 11(a)(1) of the for the generation of energy; and Craig, which reduces the selection area by Alaska Native Claims Settlement Act (43 (B) desire to diversify their energy supplies 92,160 acres; and U.S.C. 1610(a)(1)), Sealaska was not author- with wood biomass alternative fuel and other (ii) the Klawock and Craig withdrawal ized to select under section 14(h)(1) of that renewable and alternative fuel sources; areas are 35 percent salt water; Act (43 U.S.C. 1613(h)(1)) any site within Gla- (24) if the resource development operations (G) with respect to the Craig withdrawal cier Bay National Park, despite the abun- of Sealaska cease on land appropriate for area, the withdrawal area consists of only 6 dance of cultural sites within that Park; those operations, there will be a significant townships, as compared to the usual with- (ii) Sealaska seeks cooperative agreements negative impact on— drawal area of 9 townships, because of the to ensure that sites within Glacier Bay Na- (A) southeast Alaska Native shareholders; proximity of the Craig withdrawal area to tional Park are subject to cooperative man- (B) the cultural preservation activities of the Village of Klawock, which reduces the agement by Sealaska, Village and Urban Sealaska; selection area by 69,120 acres; Corporations, and federally recognized tribes (C) the economy of southeast Alaska; and (H) with respect to the Hydaburg with- with ties to the cultural sites and history of (D) the Alaska Native community that drawal area— the Park; and benefits from the revenue-sharing require- (i) 36 percent of the area is salt water; and (iii) Congress— ments under the Alaska Native Claims Set- (ii) Sealaska received no consideration (I) recognizes the existence of a memo- tlement Act (43 U.S.C. 1601 et seq.); and under the Haida Land Exchange Act of 1986 randum of understanding between the Na- (25) on completion of the conveyances of (Public Law No. 99–664; 100 Stat. 4303) for re- tional Park Service and the Hoonah Indian land to Sealaska to fulfill the full land enti- linquishing selection rights to land within Association; tlement of Sealaska under the Alaska Native the withdrawal area that the Haida Corpora- (II) does not intend to circumvent that Claims Settlement Act (43 U.S.C. 1601 et tion exchanged to the Forest Service; memorandum of understanding; and seq.), the encumbrances on 327,000 acres of (I) with respect to the Klukwan withdrawal (III) intends to ensure that the memo- Federal land created by the withdrawal of area— randum of understanding and similar mecha- land for selection by Native Corporations in (i) 27 percent of the area is salt water; and nisms for cooperative management in Gla- southeast Alaska would be removed, which (ii) the withdrawal area is only 70,000 cier Bay are required by law; will facilitate thorough and complete plan- acres, as compared to the usual withdrawal (18)(A) the cemetery sites and historic ning and efficient management relating to area of 207,360 acres, which reduces the selec- places conveyed to Sealaska pursuant to sec- national forest land in southeast Alaska by tion area by 137,360 acres; and tion 14(h)(1) of the Alaska Native Claims Set- the Forest Service. (J) with respect to the Saxman withdrawal tlement Act (43 U.S.C. 1613(h)(1)) are subject (b) PURPOSE.—The purpose of this Act is to area— to a restrictive covenant not required by law address the inequitable treatment of (i) 29 percent of the area is salt water; that does not allow any type of management Sealaska by allowing Sealaska to select the (ii) Sealaska received no consideration for or use that would in any way alter the his- remaining land entitlement of Sealaska the 50,576 acres within the withdrawal area toric nature of a site, even for cultural edu- under section 14 of the Alaska Native Claims adjacent to the first-class city of Ketchikan cation or research purposes; Settlement Act (43 U.S.C. 1613) from des- that were excluded from selection; (B) historic sites managed by the Forest ignated Federal land in southeast Alaska lo- (iii) Sealaska received no consideration Service are not subject to the limitations re- cated outside the 10 southeast Alaska Native with respect to the 1977 amendment to the ferred to in subparagraph (A); and village withdrawal areas. Alaska Native Claims Settlement Act (43 (C) those limitations hinder the ability of SEC. 3. SELECTIONS IN SOUTHEAST ALASKA. U.S.C. 1601 et seq.) requiring gubernatorial Sealaska to use the sites for cultural, edu- (a) SELECTION BY SEALASKA.— consent for selection of 58,000 acres in that cational, or research purposes for Alaska Na- (1) IN GENERAL.—Notwithstanding section area; and tives and others; 14(h)(8)(B) of the Alaska Native Claims Set- (iv) 23,888 acres are located within the An- (19) unless Sealaska is allowed to select tlement Act (43 U.S.C. 1613(h)(8)(B)), nette Island Indian Reservation for the land outside designated withdrawal areas in Sealaska is authorized to select and receive Metlakatla Indian Tribe and are not avail- southeast Alaska, Sealaska will not be conveyance of the remaining land entitle- able for selection; able— ment of Sealaska under that Act (43 U.S.C. (16) the selection limitations and guide- (A) to complete the land entitlement selec- 1601 et seq.) from Federal land located in lines applicable to Sealaska under the Alas- tions of Sealaska under the Alaska Native southeast Alaska from each category de- ka Native Claims Settlement Act (43 U.S.C. Claims Settlement Act (43 U.S.C. 1601 et scribed in subsection (b). 1601 et seq.)— seq.); (2) NATIONAL PARK SERVICE.—The National (A) are inequitable and inconsistent with (B) to secure ownership of places of sacred, Park Service is authorized to enter into a co- the purposes of that Act because there is in- cultural, traditional, and historical impor- operative management agreement described sufficient land remaining in the withdrawal tance to the Alaska Natives of southeast in subsection (c)(2) for the purpose, in part, areas to meet the traditional, cultural, and Alaska; of recognizing and perpetuating the values of socioeconomic needs of the shareholders of (C) to maintain the existing resource de- the National Park Service, including those Sealaska; and velopment and management operations of values associated with the Tlingit homeland (B) make it difficult for Sealaska to se- Sealaska; or and culture, wilderness, and ecological pres- lect— (D) to provide continued economic oppor- ervation. (i) places of sacred, cultural, traditional, tunities for Alaska Natives in southeast (b) CATEGORIES.—The categories referred to and historical significance; and Alaska; in subsection (a) are the following:

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(1)(A) Economic development land from (A) IN GENERAL.—The Director of the Na- and (2)(A)(ii) of section 3(b) that is located the area of land identified on the map enti- tional Park Service shall offer to enter into outside a withdrawal area designated under tled ‘‘Sealaska ANCSA Land Entitlement a cooperative management agreement with section 16(a) of the Alaska Native Claims Rationalization Pool’’, dated March 9, 2009, Sealaska, other Village Corporations and Settlement Act (43 U.S.C. 1615(a)) shall be and labeled ‘‘Attachment A’’. Urban Corporations, and federally recognized subject to— (B) A nonexclusive easement to Sealaska Indian tribes with cultural and historical (A) a reservation for easements for public to allow— ties to Glacier Bay National Park, in accord- access on the public roads depicted on the (i) access on the forest development road ance with the requirements of subparagraph document labeled ‘‘Attachment E’’ and dated and use of the log transfer site identified in (B). March 9, 2009; paragraphs (3)(c) and (3)(d) of the patent (B) REQUIREMENTS.—A cooperative agree- (B) a reservation for easements along the numbered 50–85–0112 and dated January 4, ment under this paragraph shall— temporary roads designated by the Forest 1985; (i) recognize the contributions of the Alas- Service as of the date of enactment of this (ii) access on the forest development road ka Natives of southeast Alaska to the his- Act for the public access trails depicted on identified in paragraphs (2)(a) and (2)(b) of tory, culture, and ecology of Glacier Bay Na- the document labeled ‘‘Attachment E’’ and the patent numbered 50–92–0203 and dated tional Park and the surrounding area; dated March 9, 2009; February 24, 1992; and (ii) ensure that the resources within the (C) any valid preexisting right reserved (iii) access on the forest development road Park are protected and enhanced by coopera- pursuant to section 14(g) or 17(b) of the Alas- identified in paragraph (2)(a) of the patent tive activities and partnerships among feder- ka Native Claims Settlement Act (43 U.S.C. numbered 50–94–0046 and dated December 17, ally recognized Indian tribes, Village Cor- 1613(g), 1616(b)); and 1993. porations and Urban Corporations, Sealaska, (D)(i) the right of noncommercial public (2) Sites with sacred, cultural, traditional, and the National Park Service; access for subsistence uses, consistent with or historic significance, including tradi- (iii) provide opportunities for a richer vis- title VIII of the Alaska National Interest tional and customary trade and migration itor experience at the Park through direct Lands Conservation Act (16 U.S.C. 3111 et routes, archeological sites, cultural land- interactions between visitors and Alaska Na- seq.), and recreational access without liabil- scapes, and natural features having cultural tives, including guided tours, interpretation, ity to Sealaska; and significance, subject to the condition that— and the establishment of culturally relevant (ii) the right of Sealaska to regulate access (A) not more than 2,400 acres shall be se- visitor sites; and for public safety, cultural, or scientific pur- lected for this purpose, from land identified (iv) provide appropriate opportunities for poses, environmental protection, and uses in- on— ecologically sustainable visitor-related edu- compatible with natural resource develop- (i) the map entitled ‘‘Places of Sacred, Cul- cation and cultural interpretation within the ment, subject to the condition that Sealaska tural, Traditional and Historic Signifi- Park— shall post on any applicable property, in ac- cance’’, dated March 9, 2009, and labeled ‘‘At- (I) in a manner that is not in derogation of cordance with State law, notices of any such tachment B’’; and the purposes and values of the Park (includ- condition. (ii) the map entitled ‘‘Traditional and Cus- ing those values associated with the Park as (2) EFFECT.—No right of access provided to tomary Trade and Migration Routes’’, dated a Tlingit homeland); and any individual or entity (other than March 9, 2009, and labeled ‘‘Attachment C’’, (II) in a manner consistent with wilderness Sealaska) by this subsection— which includes an identification of— and ecological preservation. (A) creates any interest of such an indi- (I) a conveyance of land 25 feet in width, (C) REPORT.—Not later than 2 years after vidual or entity in the land conveyed to together with 1-acre sites at each terminus the date of enactment of this Act, the Direc- Sealaska in excess of that right of access; or and at 8 locations along the route, with the tor of the National Park Service shall sub- (B) provides standing in any review of, or route, location, and boundaries of the con- mit to Congress a report describing each ac- challenge to, any determination by Sealaska veyance described on the map inset entitled tivity for cooperative management of each regarding the management or development ‘‘Yakutat to Dry Bay Trade and Migration site described in subparagraph (A) carried of the applicable land. Route’’, dated March 9, 2009, and labeled ‘‘At- out under a cooperative agreement under (e) CONDITIONS ON SACRED, CULTURAL, AND tachment C’’; this paragraph. HISTORIC SITES.—The conveyance to (II) a conveyance of land 25 feet in width, SEC. 4. CONVEYANCES TO SEALASKA. Sealaska of land selected pursuant to section together with 1-acre sites at each terminus, (a) TIMELINE FOR CONVEYANCE.— 3(b)(2)— with the route, location, and boundaries of (1) IN GENERAL.—Not later than 1 year after (1) shall be subject to a covenant prohib- the conveyance described on the map inset the date of selection of land by Sealaska iting any commercial timber harvest or min- entitled ‘‘Bay of Pillars to Port Camden under paragraphs (1) and (3) of section 3(b), eral development on the land; Trade and Migration Route’’, dated March 9, the Secretary of the Interior (referred to in (2) shall not be subject to any additional 2009, and labeled ‘‘Attachment C’’; and this Act as the ‘‘Secretary’’) shall complete restrictive covenant based on cultural or his- (III) a conveyance of land 25 feet in width, the conveyance of the land to Sealaska. toric values, or any other restriction, en- together with 1-acre sites at each terminus, (2) SIGNIFICANT SITES.—Not later than 2 cumbrance, or easement, except as provided with the route, location, and boundaries of years after the date of selection of land by in sections 14(g) and 17(b) of the Alaska Na- the conveyance described on the map inset Sealaska under section 3(b)(2), the Secretary tive Claims Settlement Act (43 U.S.C. 1613(g), entitled ‘‘Portage Bay to Duncan Canal shall complete the conveyance of the land to 1616(b)); and Trade and Migration Route,’’ dated March 9, Sealaska. (3) shall allow use of the land as described 2009, and labeled ‘‘Attachment C’’; and (b) EXPIRATION OF WITHDRAWALS.—On com- in subsection (f). (f) USES OF SACRED, CULTURAL, TRADI- (B) an additional 1,200 acres may be used pletion of the selection by Sealaska and the conveyances to Sealaska of land under sub- TIONAL, AND HISTORIC SITES.—Any sacred, by Sealaska to acquire places of sacred, cul- cultural, traditional, or historic site or trade tural, traditional, and historic significance, section (a) in a manner that is sufficient to fulfill the land entitlement of Sealaska or migration route conveyed pursuant to archeological sites, traditional, and cus- this Act may be used for— tomary trade and migration routes, and under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)— (1) preservation of cultural knowledge and other sites with scientific value that advance (1) the original withdrawal areas set aside traditions associated with such a site; the understanding and protection of Alaska for selection by Native Corporations in (2) historical, cultural, and scientific re- Native culture and heritage that— southeast Alaska under that Act (as in effect search and education; (i) as of the date of enactment of this Act, on the day before the date of enactment of (3) public interpretation and education re- are not fully identified or adequately docu- this Act) shall be rescinded; and garding the cultural significance of those mented for cultural significance; and (2) land located within a withdrawal area sites to Alaska Natives; (ii) are located outside of a unit of the Na- that is not conveyed to a southeast Alaska (4) protection and management of the site tional Park System. Regional Corporation or Village Corporation to preserve the natural and cultural features (3) Alaska Native futures sites with tradi- shall be returned to the unencumbered man- of the site, including cultural traditions, val- tional and recreational use value, as identi- agement of the Forest Service as a part of ues, songs, stories, names, crests, and clan fied on the map entitled ‘‘Native Futures the Tongass National Forest. usage, for the benefit of future generations; Sites’’, dated March 9, 2009, and labeled ‘‘At- (c) LIMITATION.—Sealaska shall not select and tachment D’’, subject to the condition that or receive under this Act any conveyance of (5) site improvement activities for any pur- not more than 5,000 acres shall be selected land pursuant to paragraph (1) or (3) of sec- pose described in paragraphs (1) through (4), for those purposes. tion 3(b) located within— subject to the condition that the activities (c) SITES IN CONSERVATION SYSTEM UNITS.— (1) any conservation system unit; are consistent with the sacred, cultural, tra- (1) IN GENERAL.—No site with sacred, cul- (2) any federally designated wilderness ditional, or historic nature of the site. tural, traditional, or historic significance area; or (g) TERMINATION OF RESTRICTIVE COV- that is identified in the document labeled (3) any land use designation I or II area. ENANTS.— ‘‘Attachment B’’ and located within a unit of (d) APPLICABLE EASEMENTS AND PUBLIC AC- (1) IN GENERAL.—Each restrictive covenant the National Park System shall be conveyed CESS.— regarding cultural or historical values with to Sealaska pursuant to this Act. (1) IN GENERAL.—The conveyance to respect to any interim conveyance or patent (2) COOPERATIVE AGREEMENTS.— Sealaska of land pursuant to paragraphs (1) for a historic or cemetery site issued to

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4686 CONGRESSIONAL RECORD — SENATE April 23, 2009 Sealaska pursuant to the regulations con- thorize occupancy or use of the land so con- The FDA will require strong leader- tained in sections 2653.3 and 2653.11 of title veyed. ship to rebuild public confidence and 43, Code of Federal Regulations (as in effect (e) TECHNICAL CORRECTIONS.— tackle the cultural and organizational (1) TRIBAL FOREST PROTECTION.—Section on the date of enactment of this Act), in ac- problems that have plagued the agen- cordance with section 14(h)(1) of the Alaska 2(a)(2) of the Tribal Forest Protection Act of Native Claims Settlement Act (43 U.S.C. 2004 (25 U.S.C. 3115a(a)(2)) is amended— cy. 1613(h)), terminates on the date of enactment (A) in subparagraph (A), by inserting ‘‘, or Strong leadership alone, however, of this Act. is conveyed to an Alaska Native Corporation will not fix all the problems. (2) REMAINING CONDITIONS.—Land subject to pursuant to the Alaska Native Claims Set- The agency needs additional tools, a covenant described in paragraph (1) on the tlement Act (43 U.S.C. 1601 et seq.)’’ before resources, and authorities to fulfill its day before the date of enactment of this Act the semicolon; and mission of protecting the health and shall be subject to the conditions described (B) in subparagraph (B)(i)— safety of the American people. in subsection (e). (i) in subclause (I), by striking ‘‘or’’ at the In September 2007, the Congress (3) RECORDS.—Sealaska shall be responsible end; and passed the Food and Drug Administra- (ii) by adding at the end the following: for recording with the land title recorders of- tion Amendments Act to provide FDA fice of the State of Alaska any modification ‘‘(III) is owned by an Alaska Native Cor- to an existing conveyance of land under sec- poration established pursuant to the Alaska some of the needed tools, resources, tion 14(h)(1) of the Alaska Native Claims Set- Native Claims Settlement Act (43 U.S.C. 1601 and authorities. tlement Act (43 U.S.C. 1613(h)(1)) as a result et seq.) and is forest land or formerly had a This legislation was a positive step of this Act. forest cover or vegetative cover that is capa- forward in strengthening the agency (h) CONDITIONS ON ALASKA NATIVE FUTURES ble of restoration; or’’. and restoring the public’s trust in the LAND.—Each conveyance of land to Sealaska (2) NATIONAL HISTORIC PRESERVATION.—Sec- FDA, but Congress’s work is not done. selected under section 3(b)(3) shall be subject tion 301 of the National Historic Preserva- Today, I am here to talk about an- only to— tion Act (16 U.S.C. 470w) is amended by strik- other FDA bill. (1) a covenant prohibiting any commercial ing paragraph (14) and inserting the fol- In the summer of 2007, I started ex- timber harvest or mineral development; and lowing: amining FDA’s program for inspections ‘‘(14)(A) ‘Tribal lands’ means— (2) the restrictive covenants, encum- of foreign pharmaceutical manufac- brances, or easements under sections 14(g) ‘‘(i) all land within the exterior boundaries and 17(b) of the Alaska Native Claims Settle- of any Indian reservation; turing plants. ment Act (43 U.S.C. 1613(g), 1616(b)). ‘‘(ii) all dependent Indian communities; I expressed concerns to the FDA re- SEC. 5. MISCELLANEOUS. and garding, among other things, inspec- (a) STATUS OF CONVEYED LAND.—Each con- ‘‘(iii) land held by an incorporated Alaska tion funding, emerging exporters, and veyance of Federal land to Sealaska pursu- Native group, a Regional Corporation, or a severe weaknesses in the inspection ant to this Act, and each action carried out Village Corporation pursuant to the Alaska process. to achieve the purpose of this Act, shall be Native Claims Settlement Act (43 U.S.C. 1601 An increasing amount of the drugs considered to be conveyed or acted on, as ap- et seq.). and active pharmaceutical ingredients plicable, pursuant to the Alaska Native ‘‘(B) Nothing in this paragraph validates, invalidates, or otherwise affects any claim Americans use are being manufactured Claims Settlement Act (43 U.S.C. 1601 et in foreign countries, primarily in China seq.). regarding the existence of Indian country (as defined in section 1151 of title 18, United and India. (b) ENVIRONMENTAL MITIGATION AND INCEN- Yet as reported by the Government TIVES.—Notwithstanding subsection (e) and States Code) in the State of Alaska.’’. (h) of section 4, all land conveyed to SEC. 6. MAPS. Accountability Office in November Sealaska pursuant to the Alaska Native (a) AVAILABILITY.—Each map referred to in 2007, the Food and Drug Administra- Claims Settlement Act (43 U.S.C. 1601 et seq.) this Act shall be maintained on file in— tion does not know how many foreign and this Act shall be considered to be quali- (1) the office of the Chief of the Forest establishments are subject to inspec- fied to receive or participate in, as applica- Service; and tion and the agency conducts rel- ble— (2) the office of the Secretary. (b) CORRECTIONS.—The Secretary or the atively few foreign inspections each (1) any federally authorized carbon seques- year. tration program, ecological services pro- Chief of the Forest Service may make any necessary correction to a clerical or typo- According to the FDA, from fiscal gram, or environmental mitigation credit; graphical error in a map referred to in this year 2002 through fiscal year 2007, the and Act. (2) any other federally authorized environ- agency conducted fewer than 1,400 in- (c) TREATMENT.—No map referred to in this spections of foreign pharmaceutical fa- mental incentive credit or program. Act shall be considered to be an attempt by (c) NO MATERIAL EFFECT ON FOREST cilities. the Federal Government to convey any State And these inspections were often con- PLAN.— or private land. (1) IN GENERAL.—The implementation of ducted in countries with few reported SEC. 7. AUTHORIZATION OF APPROPRIATIONS. this Act, including the conveyance of land to There are authorized to be appropriated quality concerns. Sealaska, alone or in combination with any such sums as are necessary to carry out this In China, the world’s largest pro- other factor, shall not require an amendment Act and the amendments made by this Act. ducer of active pharmaceutical ingredi- of, or revision to, the Tongass National For- ents, and where we have seen increas- est Land and Resources Management Plan By Mr. REID (for Mr. KENNEDY before the first revision of that Plan sched- ing reports of contaminated products, (for himself and Mr. GRASSLEY): only 11 inspections were conducted dur- uled to occur after the date of enactment of S. 882. A bill to amend the Federal this Act. ing fiscal year 2007—that is way too (2) BOUNDARY ADJUSTMENTS.—The Sec- Food, Drug, and Cosmetic Act to en- few. retary of Agriculture shall implement any sure the safety and quality of medical During the same year, FDA con- land ownership boundary adjustments to the products and enhance the authorities ducted 14 inspections in Switzerland, 18 Tongass National Forest Land and Resources of the Food and Drug Administration, in Germany, and 24 in France—all Management Plan resulting from the imple- and for other purposes; to the Com- countries with advanced regulatory in- mentation of this Act through a technical mittee on Health, Education, Labor frastructures. amendment to that Plan. and Pensions. In addition, FDA officials estimated (d) NO EFFECT ON EXISTING INSTRUMENTS, Mr. GRASSLEY. Mr. President, over that the agency inspected foreign class PROJECTS, OR ACTIVITIES.— the last 5 years I have conducted exten- (1) IN GENERAL.—Nothing in this Act or the II device makers every 27 years and for- implementation of this Act revokes, sus- sive oversight of the Food and Drug eign class III device makers every 6 pends, or modifies any permit, contract, or Administration. As a result of my over- years. other legal instrument for the occupancy or sight activities, I identified serious Class III devices are devices that sup- use of Tongass National Forest land, or any problems at the FDA that included: the port or sustain human life or present a determination relating to a project or activ- quashing of scientific opinion within potentially unreasonable risk of illness ity that authorizes that occupancy or use, the agency; delays in informing the or injury, such as pacemakers and that is in effect on the day before the date of public of emerging safety problems; too enactment of this Act. heart defibrillators. cozy a relationship between the FDA In January 2008, we saw too well (2) TREATMENT.—The conveyance of land to Sealaska pursuant to this Act shall be sub- and the industries it is supposed to reg- what happens when we have a broken ject to the instruments and determinations ulate; and a failure to be adequately inspection system. described in paragraph (1) to the extent that transparent and accountable to the Baxter International Inc. tempo- those instruments and determinations au- public. rarily suspended production of its

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4687 blood thinner Heparin because of an in- I believe this is an important provi- ed to members of the U.S. Armed crease in reports of adverse events that sion given the troubling findings over Forces—approximately half during the may be associated with its drug. Then the last few years; that is, that some Civil War. Today, there are only 111 recalls were announced. There were se- companies have withheld important living recipients. These select few ex- rious concerns about whether or not safety information from the FDA or emplify the values of our great nation this country would have enough Hep- buried that information in their sub- through their incredible acts of brav- arin to meet patient needs as a result missions to the agency. ery and commitment to our country. of the contamination. After several In addition, in light of recent serious The Congressional Medal of Honor months, FDA’s investigation found allegations that have been raised by Foundation was formed in 1999. This that the active ingredient in Heparin, scientists within the FDA regarding 501(c)(3) not-for-profit organization which was made at a facility in China, the agency’s handling of medical de- promotes heroism and selflessness was contaminated. And the serious ad- vice reviews, the bill calls for an Insti- among our Nation’s youth by perpet- verse events in patients who received tute of Medicine study to examine uating the Medal of Honor’s legacy Heparin were linked to the contami- FDA’s system for clearing and approv- through increased awareness, edu- nated blood thinner. ing devices for marketing. cation, scholarships, behavior, and ex- The recalls and investigation of con- During President Obama’s weekly ad- ample. The commemorative coins will taminated Heparin highlighted signifi- dress last month, the President stated, be legal tender, emblematic of the spir- cant weaknesses in FDA’s oversight of ‘‘There are certain things only a gov- it of the Medal of Honor, giving the the production and supply chain and ernment can do. And one of those holder a physical reminder of the emphasized the need to improve FDA’s things is ensuring that the foods we American tradition of selfless service protection of the safety of products eat, and the medicines we take, are and sacrifice. These coins will be mint- made in this country and abroad. safe and do not cause us harm.’’ ed for the year 2011, marking the 150th The FDA is charged with ensuring I concur, and the Drug and Device anniversary of the Medal of Honor’s the safety and efficacy of drugs, phar- Accountability Act is an opportunity initial authorization by Congress. Today, in Iraq and Afghanistan, maceutical ingredients, and devices for Congress to help FDA do a better American soldiers not only serve their produced around the world despite its job of ensuring that our increasingly country selflessly but do so in an exem- inadequate budget for inspections, in foreign-produced drug and device sup- plary manner. In this time of war and particular foreign inspections. ply is safe and effective. sacrifice it is of utmost importance It is troubling that the FDA is gross- I look forward to working with my that we show the people fighting for ly under-resourced at a time when for- colleagues in the Senate and with the their country how much we value their eign production of drugs and active Obama administration to ensure that service. pharmaceutical ingredients is growing FDA has the necessary tools and re- This is the medal won by Sergeant at record rates. sources to meet its oversight respon- First Class Paul R. Smith. Under at- Last Congress, I introduced the Drug sibilities. tack at the Baghdad International Air- and Device Accountability Act of 2008 By Mr. KERRY (for himself and port, Sergeant Smith quickly orga- with Senator KENNEDY, chairman of nized the defense on the ground to en- Mr. GRAHAM): the Committee on Health, Education, gage a company-sized enemy force. He Labor, and Pensions. The Congress did S. 883. A bill to require the Secretary of the Treasury to mint coins in rec- showed no concern for his own personal not have an opportunity to act on that safety when he mounted a personnel legislation. So today Senator KENNEDY ognition and celebration of the estab- lishment of the Medal of Honor in 1861, carrier and manned a .50 caliber ma- and I are introducing the Drug and De- chine gun while under fire from the vice Accountability Act of 2009. America’s highest award for valor in action against an enemy force which enemy and was mortally wounded in Senator KENNEDY is not able to join doing so. His valor lead to the defeat of can be bestowed upon an individual me on the Senate floor, but I thank the enemy and saved the lives of nu- serving in the Armed Services of the him for his cooperation and work with merous injured members of his platoon. my office on this important legisla- United States, to honor the American This is the medal won by Captain tion. military men and women who have Humbert Roque Versace. During an in- I also want to take this opportunity been recipients of the Medal of Honor, tense attack by the Viet Cong in the to express my appreciation for his com- and to promote awareness of what the Xuyen Providence Captain Versace was mitment and efforts over the years to Medal of Honor represents and how or- wounded while engaging the enemy. Al- reform and improve the FDA. dinary Americans, through courage, though he fought against capture I am going to spend the next few sacrifice, selfless service and patriot- through injury and hostility he was minutes highlighting some of the ism, can challenge fate and change the taken prisoner. While incarcerated things the Drug and Device Account- course of history; to the Committee on Captain Versace exemplified the Code ability Act of 2009 would do. Banking, Housing, and Urban Affairs. of Conduct as a prisoner of war, at- This bill would augment FDA’s re- Mr. KERRY. Mr. President, today tempted to escape three times and sources through the collection of in- along with Senator GRAHAM, I am in- never gave in to the brutal interroga- spection fees. troducing the Medal of Honor Com- tions all while maintaining command It also expands the agency’s author- memorative Coin Act of 2009 to assist over his fellow American soldiers that ity for ensuring the safety of drugs and the Congressional Medal of Honor were also imprisoned setting an ex- medical devices, including foreign Foundation in raising the funds it traordinary example. manufactured drugs and devices by ex- needs to promote the qualities which This is the medal won by Marine panding FDA’s authority to inspect the Medal of Honor embodies—courage, Corps Second Lieutenant Robert Dale foreign manufacturers and importers; sacrifice, selfless service, and patriot- Reem, who on the night of November 6, allowing the FDA to issue subpoenas; ism. 1950, after leading three separate as- and allowing the FDA to detain a de- The Medal of Honor was first author- saults on an enemy position in the vi- vice or drug when its inspectors have ized by Congress in 1861 and represents cinity of Chinhung-ni, Korea, threw reason to believe the product is adul- our Nation’s highest award for valor in himself on top of an enemy grenade terated or misbranded. action against an enemy force. The that landed amidst his men. In addition, the bill would require in- medal symbolizes the value we, as a Since 1863 this country has been hon- dividuals responsible for submitting a Nation, place on the power of one indi- oring its greatest heroes by decorating drug or device application or a report vidual to make a difference in extraor- them with the Congressional Medal of related to safety or efficacy to certify dinary circumstances through selfless Honor. This is an elite group of men that the application or report complies actions of bravery. Although the Medal and women who make us proud every- with applicable regulations and is not of Honor was created for the Civil War, day of the U.S. Armed Forces and the false or misleading. Civil as well as Congress made it a permanent decora- protection they afford us. We should criminal penalties could be imposed for tion in 1863. Since then, fewer than show our thanks in the best manner false or misleading certifications. 3,500 Medals of Honor have been award- possible.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4688 CONGRESSIONAL RECORD — SENATE April 23, 2009 I ask all my colleagues to support highway infrastructure, a private les- Our second bill, S. 885, the Transpor- this legislation. sor must obtain constructive owner- tation Equity for All Americans Act, ship of the road. Constructive owner- deals with the highway funding that is By Mr. BINGAMAN (for himself ship is generally attained by entering a provided for a privatized road. As I un- and Mr. GRASSLEY): lease that exceeds the 45-year period derstand it, when a road is privatized, S. 884. A bill to amend title 23, that the Bureau of Economic Affairs, all responsibility for maintaining the United States Code, to remove BEA, says is a road’s ‘‘useful life.’’ road, collecting tolls, paying the inves- privatized highway miles as a factor in Once they attain this constructive tors’ profit, and so forth are taken on apportioning highway funding; to the ownership, the private lessor can re- by the private entity. It simply makes Committee on Environment and Public cover most of its costs over the first 15 no sense that the road should continue Works. years of the lease—or one-third as long to qualify for highway funding if the Mr. BINGAMAN. Mr. President, when as BEA says the highway infrastruc- road is privately operated. Similarly, our States and cities lease their tolled ture can be expected to last. The end it makes no sense that the formulae highways to private parties, American result? Private operators demand ex- that distribute the Federal highway taxpayers almost always experience ceptionally long lease lengths, to en- funding should reflect any credit for significant fee increases at the toll sure they can take advantage of the privatized roads—it would be like the booth. But our taxpayers’ contribution Tax Code’s subsidy. users paying twice, once at the toll does not end there. Under current tax These Tax Code provisions are of in- booth and again in the taxes they al- law, the Federal Treasury subsidizes terest not just because the Senate ready pay to use the Nation’s high- private lessors through exceedingly must prudently shepherd our Nation’s ways. generous depreciation and amortiza- tax revenues, but also because there Under current law, all roads, includ- tion deductions. Meanwhile, Federal are considerable transportation policy ing interstate highways, national high- funding continues to flow to the state dangers to these very long-term leases. ways, and other major state and local government—as though the highway Chicago signed a 99-year lease for the roads in the federal-aid system are in- had never been privatized. Today, I rise Skyway, a road that, at the time of the cluded in the calculation of the federal to introduce two bills that would put lease, had only a 47 operating history. highway funds. The lane-miles and ve- an end to this fleecing of the American Indiana signed a 75-year lease for its hicle-miles-traveled on all these roads taxpayer. I am pleased that Senator Toll Road, a highway that, at the time are used directly to apportion the fed- GRASSLEY, the Ranking Member of the of the lease, had only a 49 history. With eral highway funds for the Interstate Senate Finance Committee, is joining respect to a critical artery of transpor- Maintenance Program, the National me in introducing both bills. tation, how can a State or city possibly Highway Program, and the Surface I’d like to take a moment to set the predict its future needs for a period Transportation Program. The calcula- stage, by explaining where we find our- that is twice that artery’s operating tion currently includes roads that are selves. There is no denying the serious- history? It is impossible to envision publicly or privately operated. Our sec- ness of our nation’s surface transpor- how transportation will change in the ond bill is very simple; it subtracts tation funding challenges. Among the next hundred years. As a point of ref- from these calculations the lane-miles solutions that have been offered are so- erence, the Model T is 101 years old— and vehicle-miles-traveled for any called Public-Private Partnerships, or can we even pretend to imagine what privatized highway, thus eliminating PPPs. Under one PPP model, a state or the next century will bring? These very the double payments. The bill also cor- local government leases existing high- long lease lengths are all the more rects the Equity Bonus program to re- ways to a private party, often on a very troubling because these deals often flect properly the changes in the for- long-term basis. We have already seen contain non-compete clauses, which mula calculations. two existing highways sold off to pri- make it difficult for public transpor- This year Congress must reauthorize vate companies. In 2004, Chicago sold tation agencies to address safety and the Federal surface transportation pro- Macquarie of Australia concession congestion problems on highways and grams. I look forward to working with rights to the Chicago Skyway for 99 adjacent streets. Finance Chairman BAUCUS and Senator years, in exchange for $1.8 billion. In It is true that private lessors are GRASSLEY and EPW Chairman BOXER 2006, Indiana sold concession rights to merely following the letter of the law. and Senator INHOFE to complete a new the Indiana Toll Road to a partnership But when cost-recovery rules subsidize transportation bill that meets the between Cintra of Spain and Macquarie forms of investment that contravene needs of my State and the Nation. for 75 years, in exchange for $3.8 bil- the public interest, Congress should Mr. President, I ask unanimous con- lion. Both deals have generated signifi- change those rules. Indeed, public pol- sent that the text of the bill and a bill cant interest from the press and the fi- icy concerns have already led Congress summary be printed in the RECORD. nancial community. Now, investors are to alter cost-recovery rules for other There being no objection, the mate- approaching state and local govern- assets, such as luxury cars, sport util- rial was ordered to be printed in the ments across the country, seeking a ity vehicles, and sports franchises. RECORD, as follows: piece of what is believed to be a very Senator GRASSLEY and I agree that S. 884 lucrative pie. For instance, last year to protect the American taxpayer, such Be it enacted by the Senate and House of Rep- Governor Ed Rendell proposed a $12.8 an alteration is also necessary here. resentatives of the United States of America in billion deal for a 75-year sale of conces- It’s time for the tax tail to stop wag- Congress assembled, sion rights to the Pennsylvania Turn- ging the dog, by cutting off Federal tax SECTION 1. SHORT TITLE. pike, which, if ratified, would represent subsidies to companies that privatize This Act may be cited as the ‘‘Transpor- the largest privatization of highway in- existing American highways. Our first tation Equity for All Americans Act’’. frastructure in U.S. history. bill, the Transportation Access for All SEC. 2. REMOVAL OF PRIVATIZED HIGHWAY While I agree that States should have Americans Act, would do just that. It MILES. some latitude to determine how to op- would allow a private operator of an (a) IN GENERAL.—Section 104(b) of title 23, United States Code, is amended by adding at erate their own highways, that doesn’t existing highway to depreciate costs the end the following: mean that the Federal taxpayer should associated with tangible highway infra- ‘‘(6) PRIVATIZED HIGHWAY MILES.— subsidize leasing these highways. But structure on a 45-year period, in line ‘‘(A) DEFINITION OF PRIVATIZED HIGHWAY.— as we uncovered at a Finance Sub- with Bureau of Economic Analysis esti- In this paragraph, the term ‘privatized high- committee on Energy, Natural Re- mates, and to amortize the intangible way’ means a highway subject to an agree- sources and Infrastructure hearing right to collect tolls on a schedule that ment giving a private entity— that I convened last year, the Federal is no shorter than the lease’s actual ‘‘(i) control over the operation of the high- government—and taxpayers in all length. By making these changes to way; and ‘‘(ii) ownership over the toll revenues col- states—now subsidizes these PPPs the Tax Code, our bill eliminates the lected from the operation of the highway. through exceedingly generous tax pro- unjustifiable subsidy that the U.S. tax- ‘‘(B) EXCLUSION.—For the purposes of para- visions. To take advantage of the Tax payer is now asked to provide directly graphs (1), (3), and (4), the lane miles and ve- Code’s 15-year cost recovery period for to the private operators. hicle miles traveled on a privatized highway

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4689 that is otherwise an included highway shall depreciation and amortization rules for term of the applicable lease. For purposes of be excluded from consideration as factors in highway and related property subject the preceding sentence, rules similar to the the formula for apportionment of funds to long-term leases, and for other pur- rules of section 168(i)(3)(A) shall apply in de- under this title.’’. poses; to the Committee of Finance. termining the term of the applicable lease.’’. (b) EQUITY BONUS.—Section 105 of title 23, (c) NO PRIVATE ACTIVITY BOND FINANCING Mr. BINGAMAN. Mr. President, I ask United States Code, is amended by adding at OF APPLICABLE LEASES.—Section 147(e) of the the end the following: unanimous consent that the text of the Internal Revenue Code of 1986 is amended by ‘‘(g) PRIVATIZED HIGHWAYS.—Calculations bill be printed in the RECORD inserting ‘‘, or to finance any applicable under this section shall be made without There being no objection, the text of lease (as defined in section 168(g)(8)(B))’’ taking into account the exclusion under sec- the bill was ordered to be placed in the after ‘‘premises’’. tion 104(b)(6) of certain lane miles and vehi- RECORD, as follows: (d) EFFECTIVE DATE.—The amendments cle miles traveled from consideration as fac- S. 885 made by this section shall apply to leases en- tors in the formula for apportionment of tered into after the date of the enactment of Be it enacted by the Senate and House of Rep- funds pursuant to this title.’’. this Act. resentatives of the United States of America in BILL SUMMARY—TRANSPORTATION ACCESS FOR Congress assembled, By Mr. DURBIN (for himself and ALL AMERICANS ACT SECTION 1. SHORT TITLE. Mr. GRASSLEY): The Internal Revenue Code generally char- This Act may be cited as the ‘‘Transpor- tation Access for All Americans Act’’. S. 887. A bill to amend the Immigra- acterizes a lease of assets as an outright pur- tion and Nationality Act to reform and chase of those assets if the lessee has ac- SEC. 2. DEPRECIATION AND AMORTIZATION quired all the benefits and burdens of owner- RULES FOR HIGHWAY AND RELATED reduce fraud and abuse in certain visa ship for a term that significantly exceeds PROPERTY SUBJECT TO LONG-TERM programs for aliens working tempo- their expected remaining useful life (as gen- LEASES. rarily in the United States and for erally determined by the Bureau of Eco- (a) ACCELERATED COST RECOVERY.— other purposes; to the Committee on (1) IN GENERAL.—Section 168(g)(1) of the In- nomic Analysis). The Bureau of Economic the Judiciary. Analysis estimates the service life of high- ternal Revenue Code of 1986 (relating to al- ternative depreciation system for certain Mr. DURBIN. Mr. President, I ask ways and streets to be 45 years. For Federal unanimous consent that the text of the income tax purposes, a lessor with such con- property) is amended by striking ‘‘and’’ at structive ownership is allowed to recover its the end of subparagraph (D), by redesig- bill be printed in the RECORD. costs through depreciation and amortization nating subparagraph (E) as subparagraph (F), There being no objection, the text of deductions. Notwithstanding BEA’s 45-year and by inserting after subparagraph (D) the the bill was ordered to be printed in estimate, the Tax Code currently permits following new subparagraph: the RECORD, as follows: the value of the lease of tangible infrastruc- ‘‘(E) any applicable leased highway prop- S. 887 erty,’’. ture to be depreciated on a 15-year schedule, Be it enacted by the Senate and House of Rep- on a 150% declining-balance basis. The intan- (2) RECOVERY PERIOD.—The table contained in subparagraph (C) of section 168(g)(2) of resentatives of the United States of America in gible franchise right to collect tolls is cur- Congress assembled, rently recovered over a 15-year period, re- such Code is amended by redesignating gardless of the lease length. The Act would clause (iv) as clause (v) and by inserting SECTION 1. SHORT TITLE. amend Section 168(g)(2) of the Internal Rev- after clause (iii) the following new clause: (a) SHORT TITLE.—This Act may be cited as enue Code so that a taxpayer that leases an the ‘‘H–1B and L–1 Visa Reform Act of 2009’’. ‘‘(iv) Applicable leased highway (b) TABLE OF CONTENTS.—The table of con- existing highway on a sufficiently longterm property ...... 45 years.’’. basis can depreciate the tangible infrastruc- tents for this Act is as follows: ture on a 45-year schedule, on a straight-line (3) APPLICABLE LEASED HIGHWAY PROPERTY Sec. 1. Short title. basis. The Act would also amend Section DEFINED.— TITLE I—H–1B VISA FRAUD AND ABUSE 197(f) of the Internal Revenue Code so that (A) IN GENERAL.—Section 168(g) of such PROTECTIONS the lessor of an existing highway can amor- Code is amended by redesignating paragraph Subtitle A—H–1B Employer Application tize the intangible franchise right to collect (7) as paragraph (8) and by inserting after Requirements tolls over the greater of a 15-year period or paragraph (6) the following new paragraph: Sec. 101. Modification of application require- the actual length of the lease. ‘‘(7) APPLICABLE LEASED HIGHWAY PROP- ments. ERTY.—For purposes of paragraph (1)(E)— Sec. 102. New application requirements. BILL SUMMARY—TRANSPORTATION EQUITY FOR ‘‘(A) IN GENERAL.—The term ‘applicable Sec. 103. Application review requirements. ALL AMERICANS ACT leased highway property’ means property to The bill would amend sections 104(b) and which this section otherwise applies which— Subtitle B—Investigation and Disposition of 105 of title 23, USC, pertaining to Federal-aid ‘‘(i) is subject to an applicable lease, and Complaints Against H–1B Employers highways apportionment factors and the eq- ‘‘(ii) is placed in service before the date of Sec. 111. General modification of procedures uity bonus program. Section 104(b) provides such lease. for investigation and disposi- the manner in which the Secretary appor- ‘‘(B) APPLICABLE LEASE.—The term ‘appli- tion. tions the sums authorized to be appropriated cable lease’ means a lease or other arrange- Sec. 112. Investigation, working conditions, for expenditure on the Interstate and Na- ment— and penalties. tional Highway System program, the Con- ‘‘(i) which is between the taxpayer and a Sec. 113. Waiver requirements. gestion Mitigation and Air Quality Improve- State or political subdivision thereof, or any Sec. 114. Initiation of investigations. ment program, the highway safety improve- agency or instrumentality of either, and Sec. 115. Information sharing. Sec. 116. Conforming amendment. ment program, and the Surface Transpor- ‘‘(ii) under which the taxpayer— tation program for that fiscal year, among ‘‘(I) leases a highway and associated im- Subtitle C—Other Protections the several States. The amendment to sec- provements, Sec. 121. Posting available positions through tion 104(b) would remove lane miles and ve- ‘‘(II) receives a right-of-way on the public the Department of Labor. hicle miles traveled on a ‘‘privatized high- lands underlying such highway and improve- Sec. 122. H–1B government authority and re- way’’ from the formula factors for the Na- ments, and quirements. tional Highway System, the Surface Trans- ‘‘(III) receives a grant of a franchise or Sec. 123. Requirements for information for portation program, and the Interstate Main- other intangible right permitting the tax- H–1B and L–1 nonimmigrants. tenance component. payer to receive funds relating to the oper- Sec. 124. Additional Department of Labor Section 105, the equity bonus program, pro- ation of such highway.’’. employees. vides that the Secretary allocate among the (B) CONFORMING AMENDMENT.—Subpara- Sec. 125. Technical correction. States amounts sufficient to ensure that no graph (F) of section 168(g)(1) (as redesignated Sec. 126. Application. State receives a percentage of the total ap- by subsection (a)(1)) is amended by striking TITLE II—L–1 VISA FRAUD AND ABUSE portionments for the fiscal year for specific ‘‘paragraph (7)’’ and inserting ‘‘paragraph PROTECTIONS programs that is less than the calculated (8)’’. Sec. 201. Prohibition on outplacement of L–1 State percentage. The amendment to section (b) AMORTIZATION OF INTANGIBLES.—Section nonimmigrants. 105 would provide that, notwithstanding sec- 197(f) of the Internal Revenue Code of 1986 Sec. 202. L–1 employer petition require- tion 104(b)(6), lane miles and vehicle miles (relating to special rules for amortization of ments for employment at new traveled on a ‘‘privatized highway’’ are not intangibles) is amended by adding at the end offices. excluded from the calculations under this the following new paragraph: Sec. 203. Cooperation with Secretary of section. ‘‘(11) INTANGIBLES RELATING TO APPLICABLE State. LEASED HIGHWAY PROPERTY.—In the case of Sec. 204. Investigation and disposition of By Mr. BINGAMAN (for himself any section 197 intangible property which is complaints against L–1 employ- and Mr. GRASSLEY): subject to an applicable lease (as defined in ers. S. 885. A bill to amend the Internal section 168(g)(8)(B)), the amortization period Sec. 205. Wage rate and working conditions Revenue Code of 1986 to provide special under this section shall not be less than the for L–1 nonimmigrant.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0655 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4690 CONGRESSIONAL RECORD — SENATE April 23, 2009 Sec. 206. Penalties. ‘‘(F) The employer shall not place, ‘‘(II) The Secretary may conduct surveys Sec. 207. Prohibition on retaliation against outsource, lease, or otherwise contract for of the degree to which employers comply L–1 nonimmigrants. the services or placement of H–1B non- with the requirements of this subsection and Sec. 208. Reports on L–1 nonimmigrants. immigrants with another employer unless may conduct annual compliance audits of Sec. 209. Technical amendments. the employer of the alien has been granted a employers that employ H–1B nonimmigrants. Sec. 210. Application. waiver under paragraph (2)(E).’’. ‘‘(III) The Secretary shall— Sec. 211. Report on L–1 blanket petition SEC. 102. NEW APPLICATION REQUIREMENTS. ‘‘(aa) conduct annual compliance audits of process. Section 212(n)(1) of the Immigration and not less than 1 percent of the employers that TITLE I—H–1B VISA FRAUD AND ABUSE Nationality Act (8 U.S.C. 1182(n)(1)) is employ H–1B nonimmigrants during the ap- PROTECTIONS amended by inserting after clause (ii) of sub- plicable calendar year; Subtitle A—H–1B Employer Application paragraph (G) the following: ‘‘(bb) conduct annual compliance audits of Requirements ‘‘(H)(i) The employer has not advertised each employer with more than 100 employees any available position specified in the appli- who work in the United States if more than SEC. 101. MODIFICATION OF APPLICATION RE- cation in an advertisement that states or in- 15 percent of such employees are H–1B non- QUIREMENTS. dicates that— immigrants; and (a) GENERAL APPLICATION REQUIREMENTS.— ‘‘(I) such position is only available to an ‘‘(cc) make available to the public an exec- Subparagraph (A) of section 212(n)(1) of the individual who is or will be an H–1B non- utive summary or report describing the gen- Immigration and Nationality Act (8 U.S.C. immigrant; or eral findings of the audits carried out pursu- 1182(n)(1)) is amended to read as follows: ‘‘(II) an individual who is or will be an H– ant to this subclause.’’. ‘‘(A) The employer— 1B nonimmigrant shall receive priority or a SEC. 112. INVESTIGATION, WORKING CONDI- ‘‘(i) is offering and will offer to H–1B non- preference in the hiring process for such po- TIONS, AND PENALTIES. immigrants, during the period of authorized sition. Subparagraph (C) of section 212(n)(2) of the employment for each H–1B nonimmigrant, ‘‘(ii) The employer has not solely recruited Immigration and Nationality Act (8 U.S.C. wages that are determined based on the best individuals who are or who will be H–1B non- 1182(n)(2)) is amended— information available at the time the appli- immigrants to fill such position. (1) in clause (i)— cation is filed and which are not less than ‘‘(I) If the employer employs 50 or more (A) in the matter preceding subclause (I)— the highest of— employees in the United States, the sum of (i) by striking ‘‘a condition of paragraph ‘‘(I) the locally determined prevailing wage the number of such employees who are H–1B (1)(B), (1)(E), or (1)(F)’’ and inserting ‘‘a con- level for the occupational classification in nonimmigrants plus the number of such em- dition under subparagraph (A), (B), (C)(i), the area of employment; ployees who are nonimmigrants described in (E), (F), (G)(i)(I), (H), (I), or (J) of paragraph ‘‘(II) the median average wage for all work- section 101(a)(15)(L) may not exceed 50 per- (1)’’; and ers in the occupational classification in the cent of the total number of employees. (ii) by striking ‘‘(1)(C)’’ and inserting area of employment; and ‘‘(J) If the employer, in such previous pe- ‘‘(1)(C)(ii)’’; and ‘‘(III) the median wage for skill level 2 in riod as the Secretary shall specify, employed (B) in subclause (I)— the occupational classification found in the 1 or more H–1B nonimmigrants, the em- (i) by striking ‘‘$1,000’’ and inserting most recent Occupational Employment Sta- ployer shall submit to the Secretary the In- ‘‘$2,000’’; and tistics survey; and ternal Revenue Service Form W-2 Wage and (ii) by striking ‘‘and’’ at the end; ‘‘(ii) will provide working conditions for Tax Statement filed by the employer with (C) in subclause (II), by striking the period such H–1B nonimmigrant that will not ad- respect to the H–1B nonimmigrants for such at the end and inserting a semicolon and versely affect the working conditions of period.’’. ‘‘and’’; other workers similarly employed.’’. SEC. 103. APPLICATION REVIEW REQUIREMENTS. (D) by adding at the end the following: (b) INTERNET POSTING REQUIREMENT.—Sub- (a) TECHNICAL AMENDMENT.—Section ‘‘(III) an employer that violates such sub- paragraph (C) of such section 212(n)(1) is 212(n)(1) of the Immigration and Nationality paragraph (A) shall be liable to the employ- amended— Act (8 U.S.C. 1182(n)(1)), as amended by sec- ees harmed by such violations for lost wages (1) by redesignating clause (ii) as subclause tion 102, is further amended in the undesig- and benefits.’’; and (II); nated paragraph at the end, by striking ‘‘The (2) in clause (ii) (2) by striking ‘‘(i) has provided’’ and in- employer’’ and inserting the following: (A) in subclause (I)— serting the following: ‘‘(K) The employer.’’. (i) by striking ‘‘may’’ and inserting ‘‘(ii)(I) has provided’’; and (b) APPLICATION REVIEW REQUIREMENTS.— ‘‘shall’’; and (3) by inserting before clause (ii), as redes- Subparagraph (K) of such section 212(n)(1), as (ii) by striking ‘‘$5,000’’ and inserting ignated by paragraph (2) of this subsection, designated by subsection (a), is amended— ‘‘$10,000’’; and the following: (1) by inserting ‘‘and through the Depart- (B) in subclause (II), by striking the period ‘‘(i) has posted on the Internet website de- ment of Labor’s website, without charge.’’ at the end and inserting a semicolon and scribed in paragraph (3), for at least 30 cal- after ‘‘D.C.’’; ‘‘and’’; endar days, a detailed description of each po- (2) by striking ‘‘only for completeness’’ and (C) by adding at the end the following: sition for which a nonimmigrant is sought inserting ‘‘for completeness and clear indica- ‘‘(III) an employer that violates such sub- that includes a description of— tors of fraud or misrepresentation of mate- paragraph (A) shall be liable to the employ- ‘‘(I) the wages and other terms and condi- rial fact,’’; ees harmed by such violations for lost wages tions of employment; (3) by striking ‘‘or obviously inaccurate’’ and benefits.’’; and ‘‘(II) the minimum education, training, ex- and inserting ‘‘, presents clear indicators of (3) in clause (iii)— perience, and other requirements for the po- fraud or misrepresentation of material fact, (A) in the matter preceding subclause (I), sition; and or is obviously inaccurate’’; by striking ‘‘90 days’’ both places it appears ‘‘(III) the process for applying for the posi- (4) by striking ‘‘within 7 days of’’ and in- and inserting ‘‘180 days’’; tion; and’’. serting ‘‘not later than 14 days after’’; and (B) in subclause (I)— (c) WAGE DETERMINATION INFORMATION.— (5) by adding at the end the following: ‘‘If (i) by striking ‘‘may’’ and inserting Subparagraph (D) of such section 212(n)(1) is the Secretary’s review of an application ‘‘shall’’; and amended by inserting ‘‘the wage determina- identifies clear indicators of fraud or mis- (ii) by striking ‘‘and’’ at the end; tion methodology used under subparagraph representation of material fact, the Sec- (C) in subclause (II), by striking the period (A)(i),’’ after ‘‘shall contain’’. retary may conduct an investigation and at the end and inserting a semicolon and (d) APPLICATION OF REQUIREMENTS TO ALL hearing in accordance with paragraph (2).’’. ‘‘and’’; and EMPLOYERS.— Subtitle B—Investigation and Disposition of (D) by adding at the end the following: (1) NONDISPLACEMENT.—Subparagraph (E) Complaints Against H–1B Employers ‘‘(III) an employer that violates subpara- of such section 212(n)(1) is amended— SEC. 111. GENERAL MODIFICATION OF PROCE- graph (A) of such paragraph shall be liable to (A) in clause (i)— DURES FOR INVESTIGATION AND the employees harmed by such violations for (i) by striking ‘‘90 days’’ both places it ap- DISPOSITION. lost wages and benefits.’’; pears and inserting ‘‘180 days’’; and Subparagraph (A) of section 212(n)(2) of the (4) in clause (iv)— (ii) by striking ‘‘(i) In the case of an appli- Immigration and Nationality Act (8 U.S.C. (A) by inserting ‘‘to take, fail to take, or cation described in clause (ii), the’’ and in- 1182(n)(2)) is amended— threaten to take or fail to take, a personnel serting ‘‘The’’; and (1) by striking ‘‘(A) Subject’’ and inserting action, or’’ before ‘‘to intimidate’’; (B) by striking clause (ii). ‘‘(A)(i) Subject’’; (B) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and (2) RECRUITMENT.—Subparagraph (G)(i) of (2) by striking ‘‘12 months’’ and inserting (C) by adding at the end the following: such section 212(n)(1) is amended by striking ‘‘24 months’’; ‘‘(II) An employer that violates this clause ‘‘In the case of an application described in (3) by striking the last sentence; and shall be liable to the employees harmed by subparagraph (E)(ii), subject’’ and inserting (4) by adding at the end the following: such violation for lost wages and benefits.’’; ‘‘Subject’’. ‘‘(ii)(I) Upon the receipt of such a com- and (e) REQUIREMENT FOR WAIVER.—Subpara- plaint, the Secretary may initiate an inves- (5) in clause (vi)— graph (F) of such section 212(n)(1) is amended tigation to determine if such a failure or (A) by amending subclause (I) to read as to read as follows: misrepresentation has occurred. follows:

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4691 ‘‘(I) It is a violation of this clause for an (4) by striking clauses (iv) and (v); ‘‘(B) The Secretary may work with private employer who has filed an application under (5) by redesignating clauses (vi), (vii), and companies or nonprofit organizations to de- this subsection— (viii) as clauses (iv), (v), and (vi), respec- velop and operate the Internet website de- ‘‘(aa) to require an H–1B nonimmigrant to tively; scribed in subparagraph (A). pay a penalty for ceasing employment with (6) in clause (iv), as so redesignated, by ‘‘(C) The Secretary may promulgate rules, the employer prior to a date agreed to by the striking ‘‘meet a condition described in after notice and a period for comment, to nonimmigrant and the employer (the Sec- clause (ii), unless the Secretary of Labor re- carry out the requirements of this para- retary shall determine whether a required ceives the information not later than 12 graph.’’. payment is a penalty, and not liquidated months’’ and inserting ‘‘comply with the re- (b) REQUIREMENT FOR PUBLICATION.—The damages, pursuant to relevant State law); quirements under this subsection, unless the Secretary of Labor shall submit to Congress and Secretary of Labor receives the information and publish in the Federal Register and ‘‘(bb) to fail to offer to an H–1B non- not later than 24 months’’; other appropriate media a notice of the date that the Internet website required by para- immigrant, during the nonimmigrant’s pe- (7) by amending clause (v), as so redesig- graph (3) of section 212(n) of such Act, as riod of authorized employment, on the same nated, to read as follows: amended by subsection (a), will be oper- basis, and in accordance with the same cri- ‘‘(v) The Secretary of Labor shall provide ational. teria, as the employer offers to United notice to an employer of the intent to con- (c) APPLICATION.—The amendments made States workers, benefits and eligibility for duct an investigation. The notice shall be by subsection (a) shall apply to an applica- benefits, including— provided in such a manner, and shall contain tion filed on or after the date that is 30 days ‘‘(AA) the opportunity to participate in sufficient detail, to permit the employer to after the date described in subsection (b). respond to the allegations before an inves- health, life, disability, and other insurance SEC. 122. H–1B GOVERNMENT AUTHORITY AND plans; tigation is commenced. The Secretary is not REQUIREMENTS. ‘‘(BB) the opportunity to participate in re- required to comply with this clause if the (a) IMMIGRATION DOCUMENTS.—Section 204 tirement and savings plans; and Secretary determines that such compliance of the Immigration and Nationality Act (8 ‘‘(CC) cash bonuses and noncash compensa- would interfere with an effort by the Sec- U.S.C. 1154) is amended by adding at the end tion, such as stock options (whether or not retary to investigate or secure compliance the following: based on performance).’’; and by the employer with the requirements of ‘‘(l) EMPLOYER TO PROVIDE IMMIGRATION (B) in subclause (III), by striking ‘‘$1,000’’ this subsection. A determination by the Sec- PAPERWORK EXCHANGED WITH FEDERAL AGEN- and inserting ‘‘$2,000’’. retary under this clause shall not be subject CIES.—Not later than 21 business days after SEC. 113. WAIVER REQUIREMENTS. to judicial review.’’; receiving a written request from a former, (a) IN GENERAL.—Subparagraph (E) of sec- (8) in clause (vi), as so redesignated, by current, or future employee or beneficiary, tion 212(n)(2) of the Immigration and Nation- striking ‘‘An investigation’’ and all that fol- an employer shall provide such employee or ality Act (8 U.S.C. 1182(n)(2)) is amended to lows through ‘‘the determination.’’ and in- beneficiary with the original (or a certified read as follows: serting ‘‘If the Secretary of Labor, after an copy of the original) of all petitions, notices, ‘‘(E)(i) The Secretary of Labor may waive investigation under clause (i) or (ii), deter- and other written communication exchanged the prohibition in paragraph (1)(F) if the mines that a reasonable basis exists to make between the employer and the Department of Secretary determines that the employer a finding that the employer has failed to Labor, the Department of Homeland Secu- seeking the waiver has established that— comply with the requirements under this rity, or any other Federal agency or depart- ‘‘(I) the employer with whom the H–1B subsection, the Secretary shall provide inter- ment that is related to an immigrant or non- nonimmigrant would be placed has not dis- ested parties with notice of such determina- immigrant petition filed by the employer for placed, and does not intend to displace, a tion and an opportunity for a hearing in ac- such employee or beneficiary.’’. United States worker employed by the em- cordance with section 556 of title 5, United (b) REPORT ON JOB CLASSIFICATION AND ployer within the period beginning 180 days States Code, not later than 120 days after the WAGE DETERMINATIONS.—Not later than 1 before and ending 180 days after the date of date of such determination.’’; and year after the date of the enactment of this Act, the Comptroller General of the United the placement of the nonimmigrant with the (9) by adding at the end the following: States shall prepare a report analyzing the employer; ‘‘(vii) If the Secretary of Labor, after a accuracy and effectiveness of the Secretary ‘‘(II) the H–1B nonimmigrant will not be hearing, finds a reasonable basis to believe of Labor’s current job classification and controlled and supervised principally by the that the employer has violated the require- wage determination system. The report employer with whom the H–1B non- ments under this subsection, the Secretary shall— immigrant would be placed; and shall impose a penalty under subparagraph (1) specifically address whether the sys- ‘‘(III) the placement of the H–1B non- (C).’’. tems in place accurately reflect the com- immigrant is not essentially an arrangement SEC. 115. INFORMATION SHARING. plexity of current job types as well as geo- to provide labor for hire for the employer Subparagraph (H) of section 212(n)(2) of the graphic wage differences; and with whom the H–1B nonimmigrant will be Immigration and Nationality Act (8 U.S.C. (2) make recommendations concerning nec- placed. 1182(n)(2)) is amended to read as follows: essary updates and modifications. ‘‘(ii) The Secretary shall grant or deny a ‘‘(H) The Director of United States Citizen- waiver under this subparagraph not later ship and Immigration Services shall provide SEC. 123. REQUIREMENTS FOR INFORMATION FOR H–1B AND L–1 NONIMMIGRANTS. than 7 days after the Secretary receives the the Secretary of Labor with any information Section 214 of the Immigration and Nation- application for such waiver.’’. contained in the materials submitted by em- ality Act (8 U.S.C. 1184) is amended by add- (b) REQUIREMENT FOR RULES.— ployers of H–1B nonimmigrants as part of ing at the end the following: (1) RULES FOR WAIVERS.—The Secretary of the adjudication process that indicates that ‘‘(s) REQUIREMENTS FOR INFORMATION FOR Labor shall promulgate rules, after notice the employer is not complying with visa pro- gram requirements for H–1B nonimmigrants. H–1B AND L–1 NONIMMIGRANTS.— and a period for comment, for an employer ‘‘(1) IN GENERAL.—Upon issuing a visa to to apply for a waiver under subparagraph (E) The Secretary may initiate and conduct an investigation and hearing under this para- an applicant for nonimmigrant status pursu- of section 212(n)(2) of such Act, as amended graph after receiving information of non- ant to subparagraph (H)(i)(b) or (L) of sec- by subsection (a). compliance under this subparagraph.’’. tion 101(a)(15) who is outside the United (2) REQUIREMENT FOR PUBLICATION.—The States, the issuing office shall provide the Secretary of Labor shall submit to Congress SEC. 116. CONFORMING AMENDMENT. Subparagraph (F) of section 212(n)(2) of the applicant with— and publish in the Federal Register and Immigration and Nationality Act (8 U.S.C. ‘‘(A) a brochure outlining the obligations other appropriate media a notice of the date 1182) is amended by striking ‘‘The preceding of the applicant’s employer and the rights of that rules required by paragraph (1) are pub- sentence shall apply to an employer regard- the applicant with regard to employment lished. less of whether or not the employer is an H– under Federal law, including labor and wage SEC. 114. INITIATION OF INVESTIGATIONS. 1B-dependent employer.’’. protections; Subparagraph (G) of section 212(n)(2) of the Subtitle C—Other Protections ‘‘(B) the contact information for appro- Immigration and Nationality Act (8 U.S.C. priate Federal agencies or departments that 1182(n)(2)) is amended— SEC. 121. POSTING AVAILABLE POSITIONS THROUGH THE DEPARTMENT OF offer additional information or assistance in (1) in clause (i), by striking ‘‘if the Sec- LABOR. clarifying such obligations and rights; and retary’’ and all that follows and inserting (a) DEPARTMENT OF LABOR WEBSITE.—Para- ‘‘(C) a copy of the application submitted ‘‘with regard to the employer’s compliance graph (3) of section 212(n) of the Immigration for the nonimmigrant under section 212(n) or with the requirements of this subsection.’’; and Nationality Act (8 U.S.C. 1182(n)) is the petition submitted for the nonimmigrant (2) in clause (ii), by striking ‘‘and whose amended to read as follows: under subsection (c)(2)(A), as appropriate. identity’’ and all that follows through ‘‘fail- ‘‘(3)(A) Not later than 90 days after the ‘‘(2) Upon the issuance of a visa to an ap- ure or failures.’’ and inserting ‘‘the Sec- date of the enactment of the H–1B and L–1 plicant referred to in paragraph (1) who is in- retary of Labor may conduct an investiga- Visa Reform Act of 2009, the Secretary of side the United States, the issuing officer of tion into the employer’s compliance with the Labor shall establish a searchable Internet the Department of Homeland Security shall requirements of this subsection.’’; website for posting positions as required by provide the applicant with the material de- (3) in clause (iii), by striking the last sen- paragraph (1)(C). Such website shall be avail- scribed in clauses (i), (ii), and (iii) of sub- tence; able to the public without charge. paragraph (A).’’.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4692 CONGRESSIONAL RECORD — SENATE April 23, 2009 SEC. 124. ADDITIONAL DEPARTMENT OF LABOR ‘‘(G)(i) If the beneficiary of a petition ‘‘(H) For purposes of approving petitions EMPLOYEES. under this paragraph is coming to the United under this paragraph, the Secretary of (a) IN GENERAL.—The Secretary of Labor is States to open, or be employed in, a new of- Homeland Security shall work cooperatively authorized to hire 200 additional employees fice, the petition may be approved for up to with the Secretary of State to verify the ex- to administer, oversee, investigate, and en- 12 months only if— istence or continued existence of a company force programs involving nonimmigrant em- ‘‘(I) the alien has not been the beneficiary or office in the United States or in a foreign ployees described in section of 2 or more petitions under this subpara- country.’’. 101(a)(15)(H)(i)(B). graph during the immediately preceding 2 SEC. 204. INVESTIGATION AND DISPOSITION OF (b) AUTHORIZATION OF APPROPRIATIONS.— years; and COMPLAINTS AGAINST L–1 EMPLOY- There are authorized to be appropriated such ‘‘(II) the employer operating the new office ERS. sums as may be necessary to carry out this has— Section 214(c)(2) of the Immigration and section. ‘‘(aa) an adequate business plan; Nationality Act (8 U.S.C. 1184(c)(2)), as SEC. 125. TECHNICAL CORRECTION. ‘‘(bb) sufficient physical premises to carry amended by sections 202 and 203, is further Section 212 of the Immigration and Nation- out the proposed business activities; and amended by adding at the end the following: ality Act is amended by redesignating the ‘‘(cc) the financial ability to commence ‘‘(I)(i) The Secretary of Homeland Security second subsection (t), as added by section doing business immediately upon the ap- may initiate an investigation of any em- 1(b)(2)(B) of the Act entitled ‘‘An Act to proval of the petition. ployer that employs nonimmigrants de- amend and extend the Irish Peace Process ‘‘(ii) An extension of the approval period scribed in section 101(a)(15)(L) with regard to Cultural and Training Program Act of 1998’’ under clause (i) may not be granted until the the employer’s compliance with the require- (Public Law 108–449 (118 Stat. 3470)), as sub- importing employer submits an application ments of this subsection. section (u). to the Secretary of Homeland Security that ‘‘(ii) If the Secretary receives specific cred- SEC. 126. APPLICATION. contains— ible information from a source who is likely Except as specifically otherwise provided, ‘‘(I) evidence that the importing employer to have knowledge of an employer’s prac- the amendments made by this title shall meets the requirements of this subsection; tices, employment conditions, or compliance apply to applications filed on or after the ‘‘(II) evidence that the beneficiary of the with the requirements under this subsection, date of the enactment of this Act. petition is eligible for nonimmigrant status the Secretary may conduct an investigation TITLE II—L–1 VISA FRAUD AND ABUSE under section 101(a)(15)(L); into the employer’s compliance with the re- PROTECTIONS ‘‘(III) a statement summarizing the origi- quirements of this subsection. The Secretary nal petition; may withhold the identity of the source from SEC. 201. PROHIBITION ON OUTPLACEMENT OF ‘‘(IV) evidence that the importing em- L–1 NONIMMIGRANTS. the employer, and the source’s identity shall ployer has fully complied with the business (a) IN GENERAL.—Subparagraph (F) of sec- not be subject to disclosure under section 552 tion 214(c)(2) of the Immigration and Nation- plan submitted under clause (i)(I); of title 5, United States Code. ality Act (8 U.S.C. 1184(c)(2)) is amended to ‘‘(V) evidence of the truthfulness of any ‘‘(iii) The Secretary shall establish a pro- representations made in connection with the read as follows: cedure for any person desiring to provide to ‘‘(F)(i) Unless an employer receives a waiv- filing of the original petition; the Secretary information described in er under clause (ii), an employer may not ‘‘(VI) evidence that the importing em- clause (ii) that may be used, in whole or in employ an alien, for a cumulative period of ployer, for the entire period beginning on the part, as the basis for the commencement of more than 1 year, who— date on which the petition was approved an investigation described in such clause, to ‘‘(I) will serve in a capacity involving spe- under clause (i), has been doing business at provide the information in writing on a form cialized knowledge with respect to an em- the new office through regular, systematic, developed and provided by the Secretary and ployer for purposes of section 101(a)(15)(L); and continuous provision of goods and serv- completed by or on behalf of the person. ices; and ‘‘(iv) No investigation described in clause ‘‘(VII) a statement of the duties the bene- ‘‘(II) will be stationed primarily at the (ii) (or hearing described in clause (vi) based ficiary has performed at the new office dur- worksite of an employer other than the peti- on such investigation) may be conducted ing the approval period under clause (i) and tioning employer or its affiliate, subsidiary, with respect to information about a failure the duties the beneficiary will perform at the or parent, including pursuant to an out- to comply with the requirements under this new office during the extension period grant- sourcing, leasing, or other contracting agree- subsection, unless the Secretary receives the ed under this clause; ment.’’ information not later than 24 months after ‘‘(ii) The Secretary of Homeland Security ‘‘(VIII) a statement describing the staffing the date of the alleged failure. at the new office, including the number of may grant a waiver of the requirements of ‘‘(v) Before commencing an investigation employees and the types of positions held by clause (i) for an employer if the Secretary of an employer under clause (i) or (ii), the such employees; determines that the employer has estab- Secretary shall provide notice to the em- ‘‘(IX) evidence of wages paid to employees; lished that— ployer of the intent to conduct such inves- ‘‘(X) evidence of the financial status of the ‘‘(I) the employer with whom the alien re- tigation. The notice shall be provided in such new office; and ferred to in clause (i) would be placed has not a manner, and shall contain sufficient detail, ‘‘(XI) any other evidence or data prescribed displaced and does not intend to displace a to permit the employer to respond to the al- by the Secretary. United States worker employed by the em- legations before an investigation is com- ‘‘(iii) A new office employing the bene- menced. The Secretary is not required to ployer within the period beginning 180 days ficiary of an L–1 petition approved under this after the date of the placement of such alien comply with this clause if the Secretary de- paragraph shall do business only through termines that to do so would interfere with with the employer; regular, systematic, and continuous provi- an effort by the Secretary to investigate or ‘‘(II) such alien will not be controlled and sion of goods and services for the entire pe- secure compliance by the employer with the supervised principally by the employer with riod for which the petition is sought. whom the nonimmigrant would be placed; ‘‘(iv) Notwithstanding clause (ii), and sub- requirements of this subsection. There shall and ject to the maximum period of authorized be no judicial review of a determination by ‘‘(III) the placement of the nonimmigrant admission set forth in subparagraph (D), the the Secretary under this clause. is not essentially an arrangement to provide Secretary of Homeland Security, in the Sec- ‘‘(vi) If the Secretary, after an investiga- labor for hire for an unaffiliated employer retary’s discretion, may approve a subse- tion under clause (i) or (ii), determines that with whom the nonimmigrant will be placed, quently filed petition on behalf of the bene- a reasonable basis exists to make a finding rather than a placement in connection with ficiary to continue employment at the office that the employer has failed to comply with the provision or a product or service for described in this subparagraph for a period the requirements under this subsection, the which specialized knowledge specific to the beyond the initially granted 12-month period Secretary shall provide the interested par- petitioning employer is necessary. if the importing employer has been doing ties with notice of such determination and ‘‘(iii) The Secretary shall grant or deny a business at the new office through regular, an opportunity for a hearing in accordance waiver under clause (ii) not later than 7 days systematic, and continuous provision of with section 556 of title 5, United States after the date that the Secretary receives goods and services for the 6 months imme- Code, not later than 120 days after the date the application for the waiver.’’. diately preceding the date of extension peti- of such determination. If such a hearing is (b) REGULATIONS.—The Secretary of Home- tion filing and demonstrates that the failure requested, the Secretary shall make a find- land Security shall promulgate rules, after to satisfy any of the requirements described ing concerning the matter by not later than notice and a period for comment, for an em- in those subclauses was directly caused by 120 days after the date of the hearing. ployer to apply for a waiver under subpara- extraordinary circumstances, as determined ‘‘(vii) If the Secretary, after a hearing, graph (F)(ii) of section 214(c)(2), as added by by the Secretary in the Secretary’s discre- finds a reasonable basis to believe that the subsection (a). tion.’’. employer has violated the requirements SEC. 202. L–1 EMPLOYER PETITION REQUIRE- SEC. 203. COOPERATION WITH SECRETARY OF under this subsection, the Secretary shall MENTS FOR EMPLOYMENT AT NEW STATE. impose a penalty under subparagraph (L). OFFICES. Section 214(c)(2) of the Immigration and ‘‘(viii)(I) The Secretary may conduct sur- Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as veys of the degree to which employers com- Nationality Act (8 U.S.C. 1184(c)(2)) is amended by section 202, is further amended ply with the requirements under this sec- amended by adding at the end the following: by adding at the end the following: tion.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4693 ‘‘(II) The Secretary shall— Nationality Act (8 U.S.C. 1184(c)(2)), as added SEC. 209. TECHNICAL AMENDMENTS. ‘‘(aa) conduct annual compliance audits of by subsection (a). In promulgating these Section 214(c)(2) of the Immigration and not less than 1 percent of the employers that rules, the Secretary shall take into consider- Nationality Act (8 U.S.C. 1184(c)(2)) is employ nonimmigrants described in section ation any special circumstances relating to amended by striking ‘‘Attorney General’’ 101(a)(15)(L) during the applicable fiscal intracompany transfers. each place it appears and inserting ‘‘Sec- year; SEC. 206. PENALTIES. retary of Homeland Security’’. ‘‘(bb) conduct annual compliance audits of Section 214(c)(2) of the Immigration and SEC. 210. APPLICATION. each employer with more than 100 employees Nationality Act (8 U.S.C. 1184(c)(2)), as The amendments made by sections 201 who work in the United States if more than amended by sections 202, 203, 204, and 205, is through 207 shall apply to applications filed 15 percent of such employees are non- further amended by adding at the end the on or after the date of the enactment of this immigrants described in 101(a)(15)(L); and following: Act. ‘‘(cc) make available to the public an exec- ‘‘(K)(i) If the Secretary of Homeland Secu- SEC. 211. REPORT ON L–1 BLANKET PETITION utive summary or report describing the gen- rity finds, after notice and an opportunity PROCESS. eral findings of the audits carried out pursu- for a hearing, a failure by an employer to (a) REQUIREMENT FOR REPORT.—Not later ant to this subclause.’’. meet a condition under subparagraph (F), than 6 months after the date of the enact- SEC. 205. WAGE RATE AND WORKING CONDI- (G), (J), or (L) or a misrepresentation of ma- ment of this Act, the Inspector General of TIONS FOR L–1 NONIMMIGRANT. terial fact in a petition to employ 1 or more the Department of Homeland Security shall (a) IN GENERAL.—Section 214(c)(2) of the aliens as nonimmigrants described in section submit to the appropriate committees of Immigration and Nationality Act (8 U.S.C. 101(a)(15)(L)— Congress a report regarding the use of blan- 1184(c)(2)), as amended by section 202, 203, ‘‘(I) the Secretary shall impose such ad- ket petitions under section 214(c)(2)(A) of the and 204, is further amended by adding at the ministrative remedies (including civil mone- Immigration and Nationality Act (8 U.S.C. end the following: tary penalties in an amount not to exceed 1184(c)(2)(A)). Such report shall assess the ef- ‘‘(J)(i) An employer that employs a non- $2,000 per violation) as the Secretary deter- ficiency and reliability of the process for re- immigrant described in section 101(a)(15)(L) mines to be appropriate; viewing such blanket petitions, including for a cumulative period of time in excess of ‘‘(II) the Secretary may not, during a pe- whether the process includes adequate safe- 1 year shall— riod of at least 1 year, approve a petition for guards against fraud and abuse. ‘‘(I) offer such nonimmigrant, during the that employer to employ 1 or more aliens as (b) APPROPRIATE COMMITTEES OF CON- period of authorized employment, wages, such nonimmigrants; and GRESS.—In this section the term ‘‘appro- based on the best information available at ‘‘(III) in the case of a violation of subpara- priate committees of Congress’’ means— the time the application is filed, which are graph (J) or (L), the employer shall be liable (1) the Committee on Homeland Security not less than the highest of— to the employees harmed by such violation and Governmental Affairs of the Senate; ‘‘(aa) the locally determined prevailing for lost wages and benefits. (2) the Committee on the Judiciary of the wage level for the occupational classification ‘‘(ii) If the Secretary finds, after notice and Senate; in the area of employment; an opportunity for a hearing, a willful fail- (3) the Committee on Homeland Security ‘‘(bb) the median average wage for all ure by an employer to meet a condition of the House of Representatives; and workers in the occupational classification in under subparagraph (F), (G), (J). or (L) or a (4) the Committee on the Judiciary of the the area of employment; and willful misrepresentation of material fact in House of Representatives. ‘‘(cc) the median wage for skill level 2 in a petition to employ 1 or more aliens as non- the occupational classification found in the immigrants described in section By Mr. SPECTER (for himself most recent Occupational Employment Sta- 101(a)(15)(L)— and Mr. CASEY): tistics survey; and ‘‘(I) the Secretary shall impose such ad- S. 889. A bill to amend the Agricul- ‘‘(II) provide working conditions for such ministrative remedies (including civil mone- nonimmigrant that will not adversely affect tural Adjustment Act to require the tary penalties in an amount not to exceed Secretary of Agriculture to determine the working conditions of workers similarly $10,000 per violation) as the Secretary deter- employed. mines to be appropriate; the price of all milk used for manufac- ‘‘(ii) If an employer, in such previous pe- ‘‘(II) the Secretary may not, during a pe- tured purposes, which shall be classi- riod specified by the Secretary of Homeland riod of at least 2 years, approve a petition fied as Class II milk, by using the na- Security, employed 1 or more such non- filed for that employer to employ 1 or more tional average cost of production, and immigrants, the employer shall provide to aliens as such nonimmigrants; and for other purposes; to the Committee the Secretary of Homeland Security the In- ‘‘(III) in the case of a violation of subpara- ternal Revenue Service Form W–2 Wage and on Agriculture, Nutrition, and For- graph (J) or (L), the employer shall be liable Tax Statement filed by the employer with estry. to the employees harmed by such violation respect to such nonimmigrants for such pe- Mr. SPECTER. Mr. President, I seek for lost wages and benefits.’’. riod. recognition to speak on legislation I SEC. 207. PROHIBITION ON RETALIATION ‘‘(iii) It is a failure to meet a condition am introducing with Senator CASEY under this subparagraph for an employer AGAINST L–1 NONIMMIGRANTS. Section 214(c)(2) of the Immigration and that will require the Secretary of Agri- who has filed a petition to import 1 or more culture to determine the price of all aliens as nonimmigrants described in section Nationality Act (8 U.S.C. 1184(c)(2)), as 101(a)(15)(L)— amended by section 202, 203, 204, 205, and 206, manufactured milk, classified as Class ‘‘(I) to require such a nonimmigrant to pay is further amended by adding at the end the II milk, using the national average a penalty for ceasing employment with the following: cost of production. At a time when the employer before a date mutually agreed to ‘‘(L)(i) It is a violation of this subpara- dairy farmers in Pennsylvania and by the nonimmigrant and the employer; or graph for an employer who has filed a peti- across the country are seeing record tion to import 1 or more aliens as non- ‘‘(II) to fail to offer to such a non- low prices for their milk, this legisla- immigrant, during the nonimmigrant’s pe- immigrants described in section 101(a)(15)(L) to take, fail to take, or threaten to take or tion is necessary to bring the price of riod of authorized employment, on the same milk back to a level where farmers can basis, and in accordance with the same cri- fail to take, a personnel action, or to intimi- teria, as the employer offers to United date, threaten, restrain, coerce, blacklist, earn a living and provide for their fam- States workers, benefits and eligibility for discharge, or discriminate in any other man- ilies. benefits, including— ner against an employee because the em- Over the past year, farmers in my ‘‘(aa) the opportunity to participate in ployee— state have seen the average price for a health, life, disability, and other insurance ‘‘(I) has disclosed information that the em- hundredweight, cwt, of milk drop from ployee reasonably believes evidences a viola- plans; around $24 in July 2008, to hovering ‘‘(bb) the opportunity to participate in re- tion of this subsection, or any rule or regula- tion pertaining to this subsection; or around $10 this February. This dra- tirement and savings plans; and matic price decrease has been the re- ‘‘(cc) cash bonuses and noncash compensa- ‘‘(II) cooperates or seeks to cooperate with tion, such as stock options (whether or not the requirements of this subsection, or any sult of a perfect storm of factors, in- based on performance). rule or regulation pertaining to this sub- cluding record high fuel prices last ‘‘(iv) The Secretary of Homeland Security section. summer, which increased the cost of shall determine whether a required payment ‘‘(ii) In this subparagraph, the term ‘em- feed and other supplies, and a decrease under clause (iii)(I) is a penalty (and not liq- ployee’ includes— in demand for dairy products abroad, uidated damages) pursuant to relevant State ‘‘(I) a current employee; ‘‘(II) a former employee; and where cases of melamine in milk have law.’’. caused a severe drop in demand. (b) REGULATIONS.—The Secretary of Home- ‘‘(III) an applicant for employment.’’. land Security shall promulgate rules, after SEC. 208. REPORTS ON L–1 NONIMMIGRANTS. Last year, Sen. CASEY and I worked notice and a period of comment, to imple- Section 214(c)(8) of the Immigration and diligently to increase the Milk Income ment the requirements of subparagraph (J) Nationality Act (8 U.S.C. 1184(c)(8)) is Loss Contract, MILC, Program in the of section 214(c)(2) of the Immigration and amended by inserting ‘‘(L),’’ after ‘‘(H),’’. 2008 Farm Bill. We were successful in

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4694 CONGRESSIONAL RECORD — SENATE April 23, 2009 including a cost of production increase among federal agencies through the vider-based EHRs, personal health to all MILC payments. These direct Nationwide Health Information Net- records, and other software modules) payments from the federal government work-Connect initiative. on a timely basis. are triggered when the price of milk Health information technology, IT, The legislation also establishes a new per cwt falls below $16.94. When the av- that is interoperable and meaningful is 21st Century Health Information Tech- erage price of milk for a given month a necessary tool to improve the quality nology Grant Program to provide fund- falls below this trigger, farmers are of health care Americans receive and ing to public and not-for-profit safety paid 45 percent of the difference be- make our health care system more effi- net providers to cover the costs of im- tween the actual price of milk and the cient. It is the cornerstone of health plementation and initial maintenance trigger price. With the 2008 Farm bill’s care communication and coordination of VistA and/or RPMS systems. Grants inclusion of the cost of production to between patients and providers and will focus on eligible hospitals and these payments, farmers are seeing among providers in order delivery high- clinics, with some additional funding higher MILC payments than they oth- quality medical care. Several of the for demonstrations in long-term care, erwise would. mechanisms embedded in this tech- home health, and hospice. However, this is not enough. I have nology—clinical decisions support, The Health Information Technology heard numerous reports from my con- interoperability—achieve the long- Public Utility Act fills a crucial gap in stituents that the price of milk has term policy goals we are considering as health IT affordability and accessi- fallen so low that they are fearful of part of our broader health reform dis- bility. This legislation does not replace having to sell their farms in order to cussions. It is clear that coordination commercial software; instead, it com- provide for their families. Many of the and communication among providers, plements the private industry in this dairy farms in Pennsylvania are small, improved efficiencies in resource use, field—by making health information family-owned farms, which, once sold, streamlined administration and bill- technology a realistic option for all will be lost forever. We cannot let this ing, and increased access to meaningful providers and by making it possible for happen. The dairy industry is critical data about quality improvement and the benefits of health IT to accrue to not only to Pennsylvania’s economy, improved health outcomes will not be all patients and I urge my colleagues but to the economy of the U.S. and to possible without meaningful use of this to join me in support of this important the security of our nation. technology among all providers. policy. The Federal Milk Marketing Im- However, access to affordable tech- Mr. President, I ask unanimous con- provement Act will not only use a na- nology is the primary reason why pro- sent that the text of the bill be printed tional average cost of production to de- viders across the nation do not invest in the RECORD. termine Class II milk, but will also in this valuable tool. The licensing fees There being no objection, the text of keep the Secretary of Agriculture en- of proprietary software are expensive the bill was ordered to be printed in gaged in protecting farmers from fall- and beyond the reach of many of health the RECORD, as follows: ing milk prices. This legislation would care providers—particularly small, S. 890 rural providers. Moreover, the federal require the Secretary to adjust the Be it enacted by the Senate and House of Rep- value of milk four times a year, ensur- government has spent substantial tax- resentatives of the United States of America in ing that price volatilities in the fuel payer dollars in the development of Congress assembled, sector will not unfairly hurt this indus- open source technology—with the De- SECTION 1. SHORT TITLE. try, as we have seen it do in the past partment of Veterans Affairs and the This Act may be cited as the ‘‘Health In- year. Indian Health Service, IHS, national formation Technology (IT) Public Utility Finally, this legislation provides an leaders in open source electronic Act of 2009’’. exemption for new dairy producers, up health record, EHR, development and SEC. 2. DEFINITIONS. to 3 million pounds of milk during the implementation. Both the Veterans In this Act: first year of production, to encourage Health Administration’s VistA soft- (1) BOARD.—The term ‘‘Board’’ means the growth in the industry. With recent ware and the Indian Health Services’ Federal Consolidated Health Information losses across the country of so many Resource and Patient Management Technology Board established under section System, RPMS, are affordable and de- 3. dairy farms, this provision is impor- (2) RPMS.—The term ‘‘RPMS’’ means the tant to spurring new farmers and pro- pendable systems that have been in Resource and Patient Management System ducers to enter the dairy industry. place for decades. of the Indian Health Service. I look forward to working with my Most recently, the health IT funding (3) SECRETARY.—The term ‘‘Secretary’’ colleagues to advance this and other included in the American Recovery and means the Secretary of Veterans Affairs. legislation which will help a vital in- Reinvestment Act, ARRA, although (4) VISTA.—The term ‘‘VistA’’ means the dustry to this country. Our dairy farm- substantial, is likely to fall short of of- VistA software program utilized by the De- ers are the backbone of the agricul- fering affordable options to all pro- partment of Veterans Affairs. tural community, and they deserve our viders. In fact, CBO estimates that, SEC. 3. FEDERAL CONSOLIDATED HEALTH IN- FORMATION TECHNOLOGY BOARD. support. even with funding and incentives in the ARRA, 30 percent of hospitals and 10 (a) ESTABLISHMENT.—To facilitate the im- plementation of electronic health record sys- By Mr. REID (for Mr. ROCKE- percent of physicians will not have tems among safety-net health care providers FELLER): adopted health IT by 2019. And, there (particularly small, rural providers) there S. 890. A bill to provide for the use of are some providers that are ineligible shall be established within the Office of the improved health information tech- for funding under ARRA altogether. National Coordinator for Health Information nology with respect to certain safety The Health Information Technology Technology of the Department of Health and net health care providers; to the Com- Public Utility Act will address this Human Services, a Federal Consolidated mittee on Health, Education, Labor, problem by increasing access to open Health Information Technology Board. and Pensions. source software through a public util- (b) BOARD OF DIRECTORS.—The Board shall Mr. ROCKEFELLER. Mr. President, I ity model. The public utility model be administered by a board of directors that shall be composed of the following individ- rise today to introduce the Health In- proposed in this bill would be adminis- uals or their designees: formation Technology Public Utility tered by a Federal Consolidated Health (1) The Secretary. Act, legislation I have recently intro- Information Technology Board under (2) The Under Secretary for Health of the duced to facilitate nationwide adoption the umbrella of the ONCHIT, separate Department of Veterans Affairs. of electronic health records, EHRs, par- from the Policy and Standards Com- (3) The Director of the Indian Health Serv- ticularly among small, rural providers. mittees. Members of this Board would ice. This legislation will build on the suc- represent relevant agencies across the (4) The Secretary of Defense. cessful open source models for EHRs federal government. The Board would (5) The Secretary of Health and Human Services. developed by the Department of Vet- be responsible for linking efforts of (6) The Director of the Agency for erans Affairs and the Indian Health current and new VistA and RPMS user Healthcare Research and Quality. Service—as well as the open source ex- groups, and updating VistA and RPMS (7) The Administrator of the Health Re- change model recently expanded open source software (including pro- sources and Services Administration.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4695 (8) The Chairman of the Federal Commu- (I) post-secondary educational institutions ered to be a free clinics if the entity delivers nications Commission. offering health care instruction, teaching essential services regardless of the patient’s (c) DUTIES.—The Board shall— hospitals, and medical schools; ability to pay. (1) provide ongoing communication with (II) a community health center receiving a (c) USE OF FUNDS.—An entity shall use existing VistA and RPMS user groups to en- grant under section 330 of the Public Health amounts received under a grant under this sure that there is constant interoperability Service Act (42 U.S.C. 254) or a health center section to fully implement the VistA or between such groups and to provide for the that provides health care to migrants; RPMS with respect to the patients served by sharing of innovative ideas and technology; (III) a local health department or agency, such entity. Such implementation shall in- clude at least the meaningful use (as defined (2) update VistA and RPMS open source including a dedicated emergency department by the Secretary of Health and Human Serv- software (including health care provider- of rural for-profit hospitals; ices) of such systems, including any ongoing based electronic health records, personal (IV) a community mental health center; updates and changes to such definition. health records, and other software modules) (V) a nonprofit hospitals; (VI) a rural health clinics, including a mo- (d) TERM AND RENEWAL.—A grant under on a timely basis; this section shall be for a period of not to ex- bile clinic; (3) implement and administer the 21st Cen- ceed 5 years and may be renewed, as deter- (VII) a consortia of health care providers, tury HIT Grant Program under section 4, in- mined appropriate by the Board, based on that consists of 1 or more of the entities de- cluding providing for notice in the Federal the achievement of benchmarks required by scribed in clauses (i) through (vi); and Register as well as— the Board. (A) determining specific health informa- (VIII) a part-time eligible entity that is lo- (e) ANNUAL REPORTING.— tion technology grant needs based on health cated in an otherwise ineligible facility (as (1) BY GRANTEES.—Not later than 1 year care provider settings; described in section 5(b); or after the date on which an entity receives a (B) developing benchmarks for levels of im- (ii) a free clinic (as defined in paragraph grant under this section, and annually dur- plementation in each year that 21st Century (4); and ing each year in which such entity has re- grant funding is provided; and (B) submit to the Board as application at ceived funds under such grant, such entity (C) providing ongoing VistA and RPMS such time, in such manner, and containing shall submit to the Board a report con- technical assistance to grantees under such such information as the Board may require. cerning the activities carried out under the program (either through the provision of di- (2) NON-ELIGIBLE ENTITIES.— grant. rect technical support or through the award- (A) IN GENERAL.—An entity shall not be eli- (2) BY BOARD.—Not later than 2 years after ing of competitive contracts to other quali- gible to receive a grant under this section if the date of enactment of this Act, and annu- fied entities); such entity is a for-profit health care entity ally thereafter, the Board shall submit to (D) develop mechanisms to integrate VistA (except as provided for in paragraph (1)(A)), the appropriate committees of Congress a re- and RPMS with records and billing systems or any other type of entity that is not de- port concerning the activities carried out utilized under the Medicaid and State chil- scribed in such paragraph, including— under this section, including— dren’s health insurance programs under ti- (i) an entity described in paragraph (1)(A) (A) a description of the grants that have tles XIX and XXI of the Social Security Act that is implementing an existing electronic been awarded under this section and the pur- (42 U.S.C. 1396 and 1397aa et seq.); health records system; poses of such grants; (4) establish a child-specific electronic (ii) an entity that is receiving grant fund- (B) specific implementation information health record, consistent with the param- ing under the Federal Communication Com- with respect to activities carried out by eters to be set for child electronic health mission Rural Health Pilot Program; grantees; records as provided for in the American Re- (iii) an entity receiving funding for health (C) the costs and savings achieved under covery and Reinvestment Act of 2009, to be information technology through a Medicaid the program under this section; used in the Medicaid and State children’s transformation grant under title XIX of the (D) a description of any innovations devel- health insurance programs under titles XIX Social Security Act (42 U.S.C. 1936 et seq.); oped by health care providers as a result of and XXI of the Social Security Act, and (iv) a private physician office or clinic; the implementation of activities under this under other Federal children’s health pro- (v) a nursing home or other long-term care grant; grams determined appropriate by the board facility (such as an assisted living facility); (E) a description of the results of grant ac- of directors; (vi) an emergency medical service facility; tivities on patient care quality measurement (5) develop and integrate quality and per- (vii) a residential substance abuse treat- (including reductions in medication errors formance measurement into the VistA and ment facility; and the provision of care management); RPMS modules; (viii) a hospice; (F) a description of the extent of electronic (6) integrate the 21st Century HIT Grant (ix) a for-profit hospital; health record use across health care provider Program under section 4 with the Federal (x) a home health agency; settings; Communications Commission’s Rural Health (xi) a blood bank; (G) a description of the extent to which in- Care Pilot Program, with Department of (xii) a social service agency; and tegration of VistA and RPMS with Medicaid Veterans Affairs hospital systems, and with (xiii) a community center, vocational reha- and State children’s health insurance pro- other Federal health information technology bilitation center, or youth center. gram billing has been achieved; and health initiatives; and (B) OTHER ENTITIES.—An entity shall not (H) any other information determined nec- (7) carry out other activities determined be eligible to receive a grant under this sec- essary by the Board. appropriate by the board of directors. tion if such entity is receiving Medicare or (f) ANNUAL AUDITS.—The Comptroller Gen- Medicaid incentive funding under any of the (d) ANNUAL AUDITS.—The Comptroller Gen- eral of the United States shall annually con- eral of the United States shall annually con- amendments made by title IV of division B duct an audit of the grant program carried duct an audit of the activities of the Board of the American Recovery and Reinvestment out under this section and submit the results during the year and submit the results of Act of 2009. of such audits to the Board and the appro- such audits to the appropriate committees of (3) PREFERENCE.—In awarding grant under priate committees of Congress. (g) AUTHORIZATION OF APPROPRIATIONS.— Congress. this section the Board shall give preference to applicants that— There is authorized to be appropriated to UTHORIZATION OF APPROPRIATIONS.— (e) A (A) are located in geographical areas that carry out this section— There is authorized to be appropriated such have a greater likelihood of serving the same (1) $2,000,000,000 for each of fiscal years 2010 sums as may be necessary to carry out this patients and utilizing interoperability to and 2011; and section. promote coordinated care management; or (2) $1,000,000,000 for each of fiscal years 2012 SEC. 4. 21ST CENTURY HEALTH INFORMATION (B) demonstrate the greatest need for such through 2014. TECHNOLOGY (HIT) GRANTS. award (as determined by the Secretary). SEC. 5. 21ST CENTURY HEALTH INFORMATION (a) ESTABLISHMENT.—The Board shall es- (4) DEFINITION.—In this subsection, the TECHNOLOGY DEMONSTRATION tablish a grant program, to be known as the term ‘‘free clinic’’ means a safety-net health PROGRAM FOR INELIGIBLE ENTI- TIES. 21st Century Health Information Technology care organization that— (a) IN GENERAL.—The Board may use not to (A) utilizes volunteers to provide a range (HIT) Grant program, to award competitive exceed 10 percent of the amount appropriate of medical, dental, pharmacy, or behavioral grants to eligible safety-net health care pro- for each fiscal year under section 4(g) to health services to economically disadvan- viders to enable such providers to fully im- award competitive grants to eligible long- plement VistA or RPMS with respect to the taged individuals the majority of whom are term care providers for the conduct of dem- patients served by such providers. uninsured or underinsured; and onstration projects to implement VistA or (b) ELIGIBILITY.— (B) is a community-based tax-exempt orga- RPMS with respect to the individuals served (1) IN GENERAL.—To be eligible to receive a nization under section 501(c)(3) of the Inter- by such providers. grant under subsection (a), an entity shall— nal Revenue Code of 1986, or that operates as (b) ELIGIBILITY.— (A) be— a program component or affiliate of such a (1) IN GENERAL.—To be eligible to receive a (i) a public or nonprofit health care pro- 501(c)(3) organization. grant under subsection (a), an entity shall— vider (as defined in section 254(h)(7)(B) of the An entity that is otherwise a free clinic (A) be a— Communications Act of 1934 (47 U.S.C. under this paragraph, but that charge a (i) nursing home or other long-term care 254(h)(7)(B)), including— nominal fee to patients, shall still be consid- facility (such as an assisted living facility);

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4696 CONGRESSIONAL RECORD — SENATE April 23, 2009 (ii) a hospice; or which prohibited the importation of In his book the ‘‘Heart of Darkness’’ (iii) a home health agency; and certain products that contained or are Joseph Conrad describes King (B) submit to the Board as application at derived from columbite-tantalite or Leopold’s colonial project in the Congo such time, in such manner, and containing cassiterite mined or extracted in the ‘‘the vilest scramble for loot that ever such information as the Board may require, including a description of the manner in Democratic Republic of the Congo. disfigured the history of human con- which the applicant will use grant funds to While the bill did not go anywhere, the science.’’ But have we seen history implement VistA or RPMS with respect to issue itself has gained attention. We change at all? Well let me share with the individuals served by such applicant to have taken a strong hard look at last you some of the lives ravaged by this achieve one or more of the following: year’s bill and have done our best to ongoing conflict. (i) Improve care coordination and chronic improve on it. This small 31⁄2-year-old boy became disease management. In the current legislation we call for one of the millions of victims of dis- (ii) Reduce hospitalizations. transparency and accountability placement and malnourishment. His (iii) Reduce patient churning between the throughout the supply-chain of these hospital, nursing home, hospice, and home family fled into the jungle from a rebel health entity. minerals. By making this supply-chain group that had burnt their village to (iv) Increase the ability of long-term care more translucent, we ultimately can the ground in just outside the village patients to remain in their homes and com- help save millions of innocent Congo- of Kitchanga in North Kivu. munities. lese lives who find themselves caught They lived in the jungle and had been (v) Improve patient completion, and pro- in the middle of this conflict, a conflict constantly on the move. Food became vider execution, of advance directives. based on the control of these minerals. scarce and meals became as sporadic as (2) NONELIGIBILITY.—An entity shall not be Some in industry have already started 2 to 3 a week. He fell sick and devel- eligible to receive a grant under this section down this road and are even in front of oped a cough. When his mother brought if such entity is receiving Medicare or Med- icaid incentive funding under any of the the curve with their efforts, but we him to the local health clinic, they amendments made by title IV of division B still need to strive to do a better job of were immediately referred to an inter- of the American Recovery and Reinvestment showing transparency and we need to national humanitarian organization in Act of 2009. do it quickly. the area. There, this young boy was di- (c) USE OF FUNDS.—An entity shall use It is no secret that the exploitation agnosed with malaria, tuberculosis, amounts received under a grant under this of minerals is taking place and funding and anemia. section to implement the VistA or RPMS the conflict in Congo. In its final re- His doctors then discovered he had with respect to the individuals served by port, released on December 12, 2008, the been eating only what his mother could such entity. Such implementation shall in- clude at least the meaningful use (as defined United Nations Group of Experts on the gather in jungle and ate only once by the Secretary of Health and Human Serv- Democratic Republic of the Congo every three to four days. They imme- ices) of such systems, including any ongoing found that official exports of colum- diately began his treatments, which his updates and changes to such definition. bite-tantalite, cassiterite, wolframite, small, frail body was struggling to ac- (d) DURATION.—A grant under this section and gold are grossly undervalued and cept. shall be for a period of not to exceed 3 years, that various illegal armed groups in While this small 2–year-old boy had a as determined appropriate by the Board. the eastern region of the Democratic similar story, however more disheart- (e) REPORTING.—The Board, as part of the ening. His family had fled into the jun- report submitted under section 4(e)(2), shall Republic of Congo continue to profit provide comprehensive information on the greatly from these natural resources gle when the rebels attacked their vil- activities conducted under grants awarded by coercively exercising control over lage. After 3 months of seeking shelter under this section. mining sites from where they are ex- in the jungle, his mother finally tracted and locations along which they brought him to a local health clinic By Mr. BROWNBACK (for him- are transported for export. where he too was referred to the inter- self, Mr. DURBIN, and Mr. FEIN- I have said this before and I will say national humanitarian organization GOLD): it again, this murky, conflict-funding there. The only diagnosis the doctors S. 891. A bill to require annual disclo- supply-chain of minerals in eastern could come up with was malaria. How- sure to the Securities and Exchange Congo has been the heart of darkness ever when this photo was taken his Commission of activities involving co- for that country too long and I am not body was rejecting the treatments, he lumbite-tantalite, cassiterite, and the only one who believes that. no longer cried-out in hunger or pain, wolframite from the Democratic Re- Last month the Democratic Republic he no longer responded to anything. public of Congo, and for other purposes; of Congo’s U.N. Ambassador Faida The issue of rape in the Congo is to the Committee on Banking, Hous- Mitifu spoke in New York during a quite possibly the worst in the world. ing, and Urban Affairs. panel discussion on media coverage of We used to call it a ‘‘tool of war’’ but Mr. BROWNBACK. Mr. President, I sexual violence against Congolese now it’s not even due to the war. Be- rise before you today to speak on an women. When the issue of minerals in cause it has been taking place there for issue that I have brought to the Senate eastern Congo was raised, Ambassador so long, it has nearly become an ac- Floor before and have been watching Mitifu said the exploitation of mineral cepted behavior and one where impu- for quite some time now. I would like resources is the driving force behind nity reigns free. to submit for the record the Congo the conflict. Last year I spoke with Dr. Mukwege Conflict Minerals Act of 2009. Her exact quote ‘‘the minerals have from Panzi Hospital in the city of This bill will require U.S.-registered truly been the driving force behind this Bukavu in the South Kivu Province of companies selling products using co- war. It has been dressed with different Congo. Panzi Hospital is the leading lumbite-tantalite, coltan, cassiterite, clothes, but truly the minerals are the treatment hospital of rape and sexual or wolframite, or derivatives of these driving force.’’ She went onto say the violence survivors in Congo. Dr. minerals, to annually disclose to the history of exploitation and conflict Mukwege sat in my office and told me Securities and Exchange Commission dates back to the Congo’s colonial his- of how he was seeing as many as 10 new the country of origin of those minerals. tory with Belgium. rape survivors who needed treatment a If the country of origin is the Demo- She is right. The mismanagement of week. cratic Republic of Congo or neigh- natural resources has long cast a He then pulled out a map and circled boring countries, the company would gloom over the Democratic Republic of the areas where majority of his pa- need to disclose the mine of origin. Congo. The exploitation of these nat- tients were coming from and explained These minerals are the ‘‘conflict dia- ural resources that began during the that those areas were the key mining monds’’ of Congo, however rather than reign of King Leopold has endured for areas for coltan and cassiterite in ending up in jewelry these minerals are over 100 years. During this 24-year tyr- South Kivu. He said that rebels con- ending up in our electronics products. anny of Congo, King Leopold exploited trolled these areas because of the min- This is not the first time this issue the local population by turning it into eral wealth and that with their control has been raised. Only last year Senator a slave colony, extracting the resource of these areas came their lawlessness DURBIN and I introduced S3058, the of the day—rubber, while over 13 mil- and with lawlessness came the impu- Conflict Coltan and Cassiterite Act, lion Congolese died. nity of rape.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4697 Rape, displacement, insecurity, The United Nations Group of Experts hoods are intertwined with the mining forced labor, child soldiers, curable ill- has reported over the years that var- economy. All-out prohibitions or blan- nesses left untreated, and deaths of ious illegal armed groups in eastern ket sanctions could be counter- 1,500 people a day are only a few of the Congo profit greatly from the region’s productive and negatively affect the human indignities directly and indi- vast natural resources. In February very people we seek to help. I am con- rectly surrounding this struggle for 2008, the Group of Experts stated, ‘‘in- fident that this bill is sensitive to that control of the minerals in eastern dividuals and entities buying mineral complex reality. It tasks the Govern- Congo. However there is no room for output from areas of the eastern part ment Accountability Office, within two turning a blind eye on this matter of the Democratic Republic of Congo years, with assessing any problems re- when we all must be actors in this sup- with a strong rebel presence are vio- sulting from the implementation of ply-chain—from miner to consumer. lating the sanctions regime when they this Act, determining any adverse im- American greatness has always been do not exercise due diligence to ensure pacts on local Congolese communities, founded on our fundamental goodness. their mineral purchases do not provide and making recommendations for im- We need to be a nation where the assistance to illegal armed groups.’’ proving its effectiveness. It also urges strong protect the weak and people of They defined due diligence as deter- USAID to expand its programs to work privilege assist those in poverty. It mining the precise identify of the de- with these communities and improve says a lot about the kind of America posits from which the minerals have their livelihood prospects. we all should work for when we speak been mined, establishing whether or I also realize that some others may out against this type of tragedy and not these deposits are controlled and/or argue that this bill goes too far; that it commit ourselves to those who are suf- taxed by illegal armed groups, and re- imposes impractical or onerous re- fering there. fusing to buy minerals known to origi- quirements on companies who end-use Mr. FEINGOLD. Mr. President, today nate—or suspected to originate—from these minerals. Similar arguments I am pleased to join Senators deposits controlled/taxed by these were made in the early days of the BROWNBACK and DURBIN as an original armed groups. In December 2008, the Kimberley Process. I appreciate that cosponsor of the Congo Conflict Min- United Nations Security Council these three minerals often pass erals Act of 2009. The purpose of this unanimously adopted Resolution 1857, through extensive supply chains and bill is to bring greater attention and broadening existing sanctions relating processing stages before the relevant transparency to the way in which the to Congo to include individuals or enti- metals are used in technological prod- trade in three minerals—columbite- ties supporting the illegal armed ucts. Bringing transparency to those tantalite, cassiterite, or wolframite—is groups through the illicit trade of nat- supply chains may not be easy, but it intertwined with the ongoing violence, ural resources. The resolution also en- is something we can and should expect displacement and human rights abuses couraged member countries to ensure of industry when certain commodities in the eastern Democratic Republic of that companies handling minerals from are known to be fueling human rights Congo. The metals derived from these Congo exercise due diligence with their violations. Industry itself has acknowl- three minerals are used widely in the suppliers. edged this. In February 2009, the Elec- electronic products that we use daily, The U.S. has invested financial re- tronic Industry Citizenship Coalition, from cell phones to laptops to digital sources and diplomacy over recent which includes several major U.S. elec- cameras. By working to ensure the raw years in trying to bring peace and sta- tronic companies, put out a statement materials used in those products are bility to eastern Congo, and there have saying that companies can and should not benefiting armed groups, we can been some successes. However, our ef- uphold responsible practices in their have a positive impact on ending forts have ultimately been hindered by operations and work with suppliers to armed conflict and human rights a failure to directly address the under- meet social and environmental stand- abuses in the Congo. lying causes of conflict. A study by the ards with respect to the raw materials Specifically, this bill charges the Government Accountability Office re- used in the manufacture of their prod- State Department to support the work leased in 2007 found that U.S. efforts in ucts. That was a bold statement and I of the United Nations Group of Experts Congo are undermined by weak govern- want to work with companies to make to further investigate and provide com- ance and mismanagement of natural it a reality with respect to Congo. panies with guidance on the links be- resources. The plunder and unregulated I traveled in 2007 to eastern Congo tween natural resources and the fi- trade of eastern Congo’s rich mineral and saw firsthand the grave suffering nancing of armed groups. It also base continues to make war a profit- of people who have lived through a dec- charges the State Department with de- able enterprise. This legislation at- ade of conflict and humanitarian crisis. veloping a strategy to help break these tempts to finally confront and address The numbers are staggering: an esti- linkages, while helping governments in that problem. It commits the United mated 5.4 million deaths over the last the region to establish the necessary States government and those compa- decade—making it the deadliest con- frameworks and institutions to mon- nies under our jurisdiction to shed flict since the Second World War. In itor and regulate the cross-border trade light on the dynamics of eastern Con- addition, millions of people are still of these minerals. Then, this bill re- go’s mineral economy and to take ac- displaced from their homes, living in quires U.S.-registered companies sell- tions to reduce its exploitation by squalid camps where children are sub- ing products containing those three armed groups. This can be an impor- ject to forced recruitment and women minerals to disclose the country of ori- tant step—perhaps even a transitional suffer unspeakable levels of sexual vio- gin of those minerals and, if they come one—as we work with our regional lence. In my travels to many parts of from Congo or neighboring countries, partners to help them establish and im- Africa over the years, the suffering of to give further information, including plement better frameworks for regula- women and girls in eastern Congo par- the mine of origin. This requirement tion and oversight. ticularly stands out. I met with women will compel companies to take respon- Some may say the bill goes too far, and girls there who had been gang sibility for their suppliers and thus while others may argue that this bill raped, often leaving them with horrific bring greater transparency to the trade does not go far enough; that it has physical and psychological damage. I in these minerals, which may enable loopholes and lacks sufficient ‘‘teeth.’’ met with women who had lost their more targeted actions down the road. This bill is not perfect. However, we husbands, their homes, and their liveli- Finally, this bill encourages USAID to must realize the conflict mineral prob- hoods and yet against all odds they re- expand programs seeking to improve lem is a complex one. This legislation fused to give up—if only for the sake of the conditions and livelihood prospects is just a first step to bring greater their children. I believe this bill will for communities affected by this vio- transparency to that problem, which make attaining peace for these women lence in Congo. We must not forget will then enable more comprehensive, and their families a little easier and that the long-term goal is not to shut robust and targeted measures down the that is one of the reasons why I am this trade down, but to support a con- road. At the same time, we must tread supporting it. flict-free mining economy that benefits carefully because there are many com- In 2006, under the leadership of then- the Congolese people. munities in eastern Congo whose liveli- Senator Obama and Senator

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4698 CONGRESSIONAL RECORD — SENATE April 23, 2009 BROWNBACK, the U.S. Congress passed (4) recognizes the 70th anniversary of the of the voyage of the M.S. St. Louis and the Democratic Republic of Congo Re- M.S. St. Louis tragedy as an opportunity for honors the memory of those pas- lief, Security and Democracy Pro- public officials and educators to raise aware- sengers, 254 of who died during the Hol- motion Act. That bill committed the ness about an important historical event, ocaust. This resolution also provides United States to work comprehensively the lessons of which are relevant to current and future generations. an opportunity for public officials and toward peace, prosperity and good gov- educators to reflect on this historic ernance in the Congo. The Congo Con- Mr. KOHL. Mr. President, seventy event and lessons that are relevant to flict Minerals Act of 2009 seeks to move two years ago the M.S. St. Louis, a Ger- current and future generations. man ocean liner, sailed from Hamburg, us a step closer toward those goals. I f urge my colleagues to support it, and Germany to Havana, Cuba with 937 pas- thank Senators BROWNBACK and DURBIN sengers, mostly Jewish refugees SENATE RESOLUTION 112—DESIG- for their leadership on this important searching for the freedom and safety of NATING FEBRUARY 8, 2010, AS issue. the American dream. Those passengers ‘‘BOY SCOUTS OF AMERICA f left their homes because of state sup- DAY’’, IN CELEBRATION OF THE ported anti-semitism including violent 100TH ANNIVERSARY OF THE SUBMITTED RESOLUTIONS pogroms, expulsion from public schools LARGEST YOUTH SCOUTING OR- and service, and arrest and imprison- GANIZATION IN THE UNITED SENATE RESOLUTION 111—RECOG- ment solely because of Jewish heritage. STATES NIZING JUNE 6, 2009, AS THE 70TH Some passengers were released from Mr. NELSON of Nebraska (for him- ANNIVERSARY OF THE TRAGIC prisons at Buchenwald and Dachau self, Mr. SESSIONS, Mrs. HUTCHISON, Mr. DATE WHEN THE M.S. ST. LOUIS, only because they were immigrating COCHRAN, Mr. BAYH, Mr. CRAPO, Mr. A SHIP CARRYING JEWISH REFU- out of the country. With their freedom BUNNING, Mr. ENZI, Mr. COBURN, Mr. GEES FROM NAZI GERMANY, RE- and safety stripped away by Nazi perse- LUGAR, Mr. CHAMBLISS, Mr. BURR, Mr. TURNED TO EUROPE AFTER ITS cution, these refugees sailed for Cuba, BROWN, Mr. CARPER, Mr. ALEXANDER, PASSENGERS WERE REFUSED a way station to wait for entry visas to Mr. INHOFE, Mrs. LINCOLN, Mr. RISCH, ADMITTANCE TO THE UNITED the U.S. Mr. BENNETT, Mr. THUNE, Mr. CASEY, STATES When the M.S. St. Louis arrived in Mr. HATCH, Mr. WARNER, Ms. MUR- Cuba, only 28 passengers were allowed KOWSKI, Mr. BEGICH, Mr. CONRAD, and Mr. KOHL (for himself and Mr. to disembark. Corruption and political VOINOVICH) submitted the following Mr. JOHANNS) submitted the following maneuvering within the Cuban govern- resolution; which was referred to the resolution; which was referred to the ment invalidated the transit visas of Committee on the Judiciary: Committee on the Judiciary: the other passengers. Those individuals S. RES. 112 S. RES. 111 waited with great hope for a remedy Whereas on May 13, 1939, the ocean liner that would provide refuge far from Nazi Whereas the Boy Scouts of America was in- corporated by the Chicago publisher William M.S. St. Louis departed from Hamburg, Ger- persecution. Before returning to Eu- many for Havana, Cuba with 937 passengers, Boyce on February 8, 1910, after William most of whom were Jewish refugees fleeing rope, the ship sailed towards Miami in Boyce learned of the Scouting movement Nazi persecution; hopes of a solution. The ship sailed so during a visit to London; Whereas the Nazi regime in Germany in close to Florida that the passengers Whereas, on June 21, 1910, a group of 34 na- the 1930s implemented a program of violent could see the lights of Miami. One sur- tional representatives met, developed orga- persecution of Jews; vivor remembers his father com- nization plans, and opened a temporary na- Whereas the Kristallnacht, or Night of menting that ‘‘Florida’s golden shores, tional headquarters for the Boy Scouts of Broken Glass, pogrom of November 9 so near, might as well be 4,000 miles America in New York; Whereas the purpose of the Boy Scouts of through 10, 1938, signaled an increase in vio- away for all the good it did them.’’ lent anti-Semitism; America is to teach the youth of the United Whereas after the Cuban Government, on The US Immigration and Nationality States patriotism, courage, self-reliance, and May 27, 1939, refused entry to all except 28 Act of 1924 strictly limited the number kindred values; passengers on board the M.S. St. Louis, the of immigrants admitted to the U.S. Whereas, by 1912, Boy Scouts were enrolled M.S. St. Louis proceeded to the coast of each year and in 1939 the waiting list in every State; south Florida in hopes that the United for German-Austrian immigration was Whereas, in 1916, Congress granted the Boy States would accept the refugees; several years long. While the press was Scouts of America a Federal charter; Whereas the United States refused to allow largely sympathetic to the plight of Whereas each local Boy Scout Council commits each Boy Scout to perform 12 hours the M.S. St. Louis to dock and thereby pro- the passengers of the M.S. St. Louis, no vide a haven for the Jewish refugees; of community service yearly, for a total of Whereas the Immigration Act of 1924 extraordinary measures were taken to 30,000,000 community service hours each placed strict limits on immigration; permit the refugees to enter the United year; Whereas a United States Coast Guard cut- States. The passengers were told that Whereas, since 1910, more than 111,000,000 ter patrolled near the M.S. St. Louis to pre- they must ‘‘await their turns on the people have been members of the Boy Scouts vent any passengers from jumping to free- waiting list and qualify for and obtain of America; dom; immigration visas’’. Whereas Boy Scouts are found in 185 coun- Whereas following denial of admittance of On June 6 the M.S. St. Louis sailed tries around the world; Whereas the Boy Scouts of America will the passengers to Cuba, the United States, back to Europe with nearly all of its and Canada, the M.S. St. Louis set sail on present the 2 millionth Eagle Scout award in June 6, 1939 for return to Antwerp, Belgium original passengers. Refuge for the pas- 2009; with the refugees; and sengers was eventually obtained in Whereas more than 1,000,000 adult volun- Whereas 254 former passengers of the M.S. Great Britain, the Netherlands, Bel- teer leaders selflessly serve young people in St. Louis died under Nazi rule: Now, there- gium, and France. World War II started their communities through organizations fore, be it three months later and those coun- chartered by the Boy Scouts of America; Resolved, That the Senate— tries, with the exception of Great Brit- Whereas the adult volunteer leaders of the (1) recognizes that June 6, 2009, marks the ain, fell to Nazi occupation. Two hun- Boy Scouts of America often neither receive 70th anniversary of the tragic date when the nor seek the gratitude of the public; and M.S. St. Louis returned to Europe after its dred and fifty-four of those passengers Whereas the Boy Scouts of America en- passengers were refused admittance to the died during the Holocaust and many deavors to develop United States citizens United States and other countries in the others suffered under Nazi persecution who are physically, mentally, and emotion- Western Hemisphere; and in concentration camps. ally fit, have a high degree of self-reliance (2) honors the memory of the 937 refugees During this week when we remember demonstrated by such qualities as initiative, aboard the M.S. St. Louis, most of whom the Holocaust, it is appropriate and courage, and resourcefulness, have personal were Jews fleeing Nazi oppression, and 254 of right to acknowledge the voyage of the values based on religious concepts, have the whom subsequently died during the Holo- M.S. St. Louis and the lives and the desire and skills to help others, understand caust; the principles of the social, economic, and (3) acknowledges the suffering of those ref- dreams of those refugees who made a governmental systems of the United States, ugees caused by the refusal of the United trip towards freedom only to be re- take pride in the heritage of the United States, Cuban, and Canadian governments to turned to Europe. This Senate Resolu- States and understand the role of the United provide them political asylum; and tion acknowledges the 70th anniversary States in the world, have a keen respect for

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4699 the basic rights of all people, and are pre- that a wife cannot refuse sex to her husband Whereas the international community and pared to participate in and give leadership to unless she is ill; the United States have a long-standing com- the society of the United States: Now, there- Whereas the law also weakens mothers’ mitment to and interest in working with the fore, be it rights in the event of a divorce and prohibits people and Government of Afghanistan to re- Resolved, That the Senate designates Feb- a woman from leaving her home unless her establish respect for fundamental human ruary 8, 2010, as ‘‘Boy Scouts of America husband determines it is for a ‘‘legitimate rights and protect women’s rights in Afghan- Day’’, in celebration of the 100th anniversary purpose’’; istan; and of the largest youth scouting organization in Whereas President Barack Obama has Whereas the provisions in the Shi’ite Per- the United States. called the law ‘‘abhorrent’’ and stated that sonal Status Law that restrict women’s f ‘‘there are certain basic principles that all rights are diametrically opposed to those nations should uphold, and respect for goals: Now, therefore, be it SENATE RESOLUTION 113—DESIG- women and respect for their freedom and in- Resolved by the Senate (the House of Rep- NATING APRIL 23, 2009, AS ‘‘NA- tegrity is an important principle’’; resentatives concurring), That Congress— TIONAL ADOPT A LIBRARY DAY’’ Whereas the United Nations High Commis- (1) urges the Government of Afghanistan sioner for Human Rights has said that the and President Hamid Karzai to declare the Mr. WEBB (for himself and Mr. WAR- law represents a ‘‘huge step in the wrong di- provisions of the Shi’ite Personal Status NER) submitted the following resolu- rection’’ and is ‘‘extraordinary, reprehen- Law on marital rape and restrictions on tion; which was considered and agreed sible and reminiscent of the decrees made by women’s freedom of movement unconstitu- to: the Taliban regime in Afghanistan in the tional and an erosion of growth and develop- S. RES. 113 1990s’’; ment in Afghanistan; Whereas libraries are an essential part of Whereas the Secretary-General of the (2) supports the decision by President the communities and the national system of North Atlantic Treaty Organization (NATO) Karzai to analyze the draft law and strongly education in the United States; has asserted that passage of the law could urges him not to publish it on the grounds Whereas the people of the United States discourage countries in Europe from contrib- that it violates the Constitution of Afghani- benefit significantly from libraries that uting additional troops to help combat ter- stan and the basic human rights of women; serve as an open place for people of all ages rorism in the region; (3) encourages the Secretary of State, the and backgrounds to make use of books and Whereas President Karzai has instructed Special Representative to Afghanistan and other resources that offer pathways to learn- the Government of Afghanistan and mem- Pakistan, the Ambassador-at-Large for ing, self-discovery, and the pursuit of knowl- bers of the clergy to review the law and International Women’s Issues, and the change any articles that are not in keeping edge; United States Ambassador to Afghanistan to with Afghanistan’s Constitution and Islamic Whereas the libraries of the United States consider and address the status of women’s Sharia, yet has not made a concrete declara- depend on the generous donations and sup- rights and security in Afghanistan to ensure tion that the provision legalizing marital port of individuals and groups to ensure that that these rights are not being eroded rape and other provisions curtailing women’s people who are unable to purchase books through unjust laws, policies, or institu- rights will be removed completely; still have access to a wide variety of re- tions; and Whereas the law includes provisions that sources; (4) encourages the Government of Afghani- are fundamentally incompatible with the ob- Whereas certain nonprofit organizations stan to solicit information and advice from ligations of the Government of Afghanistan facilitate donations of books to schools and the Ministry of Justice, the Ministry for under the various international instruments libraries across the country to extend the Women’s Affairs, the Afghanistan Inde- that it has ratified, as well as under its own pendent Human Rights Commission, and joys of reading to millions of people in the Constitution; United States and to prevent used books women-led nongovernmental organizations Whereas Afghanistan is a signatory of the to ensure that current and future legislation from being thrown away; and Universal Declaration of Human Rights Whereas several States and Common- and official policies protect and uphold the (UDHR), which establishes the principle of equal rights of women, including through na- wealths that recognize the importance of li- nondiscrimination, including on the basis of tional campaigns to lead public discourse on braries and reading have adopted resolutions sex, and states that men and women are en- the importance of women’s status and rights commemorating April 23 as ‘‘Adopt A Li- titled to equal rights to marriage, during to the overall stability of Afghanistan. brary Day’’: Now, therefore, be it marriage, and at its dissolution; Resolved, That the Senate— Whereas Afghanistan became a party to f (1) designates April 23, 2009, as ‘‘National the International Covenant on Economic, Adopt A Library Day’’; AMENDMENTS SUBMITTED AND Social and Cultural Rights, done at New PROPOSED (2) honors organizations that help facili- York December 16, 1966, and entered into tate donations to schools and libraries; force January 3, 1976 (ICESCR), which em- SA 1003. Mr. ENSIGN submitted an amend- (3) urges all people in the United States phasizes the principle of self-determination, ment intended to be proposed to amendment who own unused books to donate those books in that men and women may freely deter- SA 1000 submitted by Mrs. BOXER (for her- to local libraries; mine their political status as well as their self, Ms. SNOWE, Mr. CORKER, and Mr. (4) strongly supports children and families economic, social, and cultural development; MERKLEY) to the bill S. 386, to improve en- who take advantage of the resources pro- Whereas Afghanistan acceded to the Con- forcement of mortgage fraud, securities vided by schools and libraries; and vention on the Elimination of All Forms of fraud, financial institution fraud, and other (5) encourages the people of the United Discrimination Against Women, done at New frauds related to federal assistance and relief States to observe the day with appropriate York December 18, 1979, and entered into programs, for the recovery of funds lost to ceremonies and activities. force September 3, 1981 (CEDAW), which con- these frauds, and for other purposes. f demns discrimination against women in all SA 1004. Mr. ENSIGN submitted an amend- its forms and reaffirms the equal rights and ment intended to be proposed by him to the SENATE CONCURRENT RESOLU- responsibilities of men and women during bill S. 386, supra. TION 19—EXPRESSING THE marriage and at its dissolution; SA 1005. Mr. KOHL (for himself and Mrs. SENSE OF CONGRESS THAT THE Whereas, notwithstanding any declarations LINCOLN) submitted an amendment intended SHI’ITE PERSONAL STATUS LAW or reservations made upon ratification of to be proposed by him to the bill S. 386, these various international conventions, the supra; which was ordered to lie on the table. IN AFGHANISTAN VIOLATES THE SA 1006. Mr. SCHUMER (for himself, Mr. Government of Afghanistan is under an obli- FUNDAMENTAL HUMAN RIGHTS SHELBY, Mr. DODD, Mrs. FEINSTEIN, Mr. gation not to act in any way which might de- OF WOMEN AND SHOULD BE RE- GRAHAM, and Mr. REED) proposed an amend- feat the object and purpose of these conven- PEALED ment to the bill S. 386, supra. tions, pursuant to the Vienna Convention on SA 1007. Mr. HATCH (for himself, Mr. Mrs. BOXER (for herself, Ms. SNOWE, the Law of Treaties, done at New York May CORNYN, Mr. ENZI, Mr. ROBERTS, and Mr. Ms. MIKULSKI, Mrs. MURRAY, Mrs. 23, 1969, and entered into force January 27, BENNETT) proposed an amendment to the bill GILLIBRAND, Ms. CANTWELL, Mrs. 1980, which is widely recognized as embody- S. 386, supra. SHAHEEN, Mrs. FEINSTEIN, and Ms. COL- ing customary international law; SA 1008. Ms. SNOWE submitted an amend- LINS) submitted the following concur- Whereas Article 22 of the Constitution of ment intended to be proposed by her to the rent resolution; which was referred to Afghanistan (2003) prohibits any kind of dis- bill S. 386, supra; which was ordered to lie on crimination between and privilege among the Committee on Foreign Relations: the table. the citizens of Afghanistan and establishes SA 1009. Mr. PRYOR (for himself and Mr. ON ES S. C . R . 19 the equal rights of all citizens before the CORKER) submitted an amendment intended Whereas in March 2009, the Shi’ite Per- law; to be proposed by him to the bill S. 386, sonal Status Law was approved by the par- Whereas Article 54 of the Constitution of supra; which was ordered to lie on the table. liament of Afghanistan and signed by Presi- Afghanistan obligates the Government of Af- SA 1010. Mrs. McCASKILL submitted an dent Hamid Karzai; ghanistan to ensure the physical and psycho- amendment intended to be proposed by her Whereas according to the United Nations, logical well-being of the family, especially of to the bill S. 386, supra; which was ordered to the law legalizes marital rape by mandating mothers and children; lie on the table.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4700 CONGRESSIONAL RECORD — SENATE April 23, 2009 SA 1011. Mr. COBURN submitted an of public-private investment funds, including of mortgage fraud, securities fraud, fi- amendment intended to be proposed to any transaction undertaken in a public-pri- nancial institution fraud, and other amendment SA 990 proposed by Mr. KOHL to vate investment fund; frauds related to federal assistance and the bill S. 386, supra; which was ordered to (C) require each public-private investment relief programs, for the recovery of lie on the table. fund to make a certified report to the Sec- SA 1012. Mr. COBURN submitted an retary of the Treasury that describes each funds lost to these frauds, and for other amendment intended to be proposed to transaction of such fund and the current purposes; as follows: amendment SA 990 proposed by Mr. KOHL to value of any assets held by such fund, which At the end of the bill, add the following: the bill S. 386, supra; which was ordered to report shall be publicly disclosed by the Sec- lie on the table. retary of the Treasury SEC. 5. PUBLIC-PRIVATE INVESTMENT PROGRAM. SA 1013. Mr. SCHUMER (for himself and (D) require each manager of a public-pri- (a) IN GENERAL.—Any program established Mr. KENNEDY) submitted an amendment in- vate investment fund to report to the Sec- by the Secretary of the Treasury or the tended to be proposed by him to the bill S. retary of the Treasury any holding or trans- Board of Directors of the Federal Deposit In- 386, supra; which was ordered to lie on the action by such manager or a client of such surance Corporation that does any of the fol- table. manager in the same type of asset that is lowing shall meet the requirements of sub- held by the public-private investment fund; section (b): f (E) allow the Special Inspector General of (1) Creates a public-private investment TEXT OF AMENDMENTS the Troubled Asset Relief Program, access to fund. all books and records of a public-private in- (2) Makes available any funds from the SA 1003. Mr. ENSIGN submitted an vestment fund; Troubled Asset Relief Program established amendment intended to be proposed to (F) require each manager of a public-pri- under title I of the Emergency Economic amendment SA 1000 submitted by Mrs. vate investment fund to retain all books, Stabilization Act of 2008 (12 U.S.C. 5211 et BOXER (for herself, Ms. SNOWE, Mr. documents, and records relating to such pub- seq.) or the Federal Deposit Insurance Cor- lic-private investment fund, including elec- CORKER, and Mr. MERKLEY) to the bill poration for— tronic messages; S. 386, to improve enforcement of mort- (A) a public-private investment fund; or (G) allow the Special Inspector General of (B) a loan to a private investor to fund the gage fraud, securities fraud, financial the Troubled Asset Relief Program, the Sec- institution fraud, and other frauds re- purchase of a mortgage-backed security or retary of the Treasury, and any other Fed- an asset-backed security. lated to federal assistance and relief eral agency with oversight responsibilities (3) Employs or contracts with a private programs, for the recovery of funds lost access to— sector partner to manage assets for a public- to these frauds, and for other purposes; (i) the books, documents, records, and em- private investment program. as follows: ployees of each manager of a public-private (4) Guarantees any debt or asset for pur- investment fund; and After page 2, line 20, add the following: poses of a public-private investment pro- (ii) the books, documents, and records of gram. (f) PUBLIC-PRIVATE INVESTMENT PRO- each private investor in a public-private in- GRAM.— vestment fund that relate to the public-pri- (b) REQUIREMENTS.—Any program described (1) IN GENERAL.—Any program established vate investment fund; in subsection (a) shall— by the Secretary of the Treasury or the (H) require each manager of a public-pri- (1) impose strict conflict of interest rules Board of Directors of the Federal Deposit In- vate investment fund to give such public-pri- on managers of public-private investment surance Corporation that does any of the fol- vate investment fund terms that are at least funds that— lowing shall meet the requirements of para- as favorable as those given to any other per- (A) specifically describe the extent, if any, graph (2): son for whom such manager manages a fund; to which such managers may— (A) Creates a public-private investment (I) require each manager of a public-pri- (i) invest the assets of a public-private in- fund. vate investment fund to acknowledge a fidu- vestment fund in assets that are held or (B) Makes available any funds from the ciary duty to the public and private inves- managed by such managers or the clients of Troubled Asset Relief Program established tors in such fund; such managers; and under title I of the Emergency Economic (J) require each manager of a public-pri- (ii) conduct transactions involving a pub- Stabilization Act of 2008 (12 U.S.C. 5211 et vate investment fund to develop a robust lic-private investment fund and an entity in seq.) or the Federal Deposit Insurance Cor- ethics policy that includes methods to en- which such manager or a client of such man- poration for— sure compliance with such policy; ager has invested; (i) a public-private investment fund; or (K) require stringent investor screening (B) take into consideration that there is a (ii) a loan to a private investor to fund the procedures for public-private investment trade off between hiring a manager with sig- purchase of a mortgage-backed security or funds that include know your customer re- nificant experience as an asset manager that an asset-backed security. quirements at least as rigorous as those of a has complex conflicts of interest, and hiring (C) Employs or contracts with a private commercial bank or retail brokerage oper- a manager with less expertise that has no sector partner to manage assets for a public- ation; conflicts of interest; and private investment program. (L) require each manager of a public-pri- (C) acknowledge that the types of entities (D) Guarantees any debt or asset for pur- vate investment fund to identify for the Sec- that are permitted to make investment deci- poses of a public-private investment pro- retary of the Treasury each beneficial owner sions for a public-private investment fund gram. of a private interest in such fund; and may need to be limited to mitigate conflicts (2) REQUIREMENTS.—Any program described (M) require the Secretary of the Treasury of interest; in paragraph (1) shall— to ensure that all investors in a public-pri- (2) require the disclosure of information re- (A) impose strict conflict of interest rules vate investment fund are legitimate. garding participation in and management of on managers of public-private investment (3) REPORT.—Not later than 45 days after public-private investment funds, including funds that— the date of the establishment of a program any transaction undertaken in a public-pri- (i) specifically describe the extent, if any, described in paragraph (1), the Special In- vate investment fund; to which such managers may— spector General of the Troubled Asset Relief (3) require each public-private investment (I) invest the assets of a public-private in- Program shall submit to Congress a report fund to make a certified report to the Sec- vestment fund in assets that are held or on the implementation of this section. retary of the Treasury that describes each managed by such managers or the clients of (4) DEFINITION.—In this subsection, the transaction of such fund and the current such managers; and term ‘‘public-private investment fund’’ value of any assets held by such fund, which (II) conduct transactions involving a pub- means a financial vehicle that is— report shall be publicly disclosed by the Sec- lic-private investment fund and an entity in (A) established by the Federal Government retary of the Treasury; which such manager or a client of such man- to purchase pools of loans, securities, or as- (4) require each manager of a public-pri- ager has invested; sets from a financial institution described in vate investment fund to report to the Sec- (ii) take into consideration that there is a section 101(a)(1) of the Emergency Economic retary of the Treasury any holding or trans- trade off between hiring a manager with sig- Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); action by such manager or a client of such nificant experience as an asset manager that and manager in the same type of asset that is has complex conflicts of interest, and hiring (B) funded by a combination of cash or eq- held by the public-private investment fund; a manager with less expertise that has no uity from private investors and funds pro- (5) allow the Special Inspector General of conflicts of interest; and vided by the Secretary of the Treasury, the the Troubled Asset Relief Program, access to (iii) acknowledge that the types of entities Federal Deposit Insurance Corporation, or all books and records of a public-private in- that are permitted to make investment deci- the Board of Governors of the Federal Re- vestment fund; sions for a public-private investment fund serve System. (6) require each manager of a public-pri- may need to be limited to mitigate conflicts vate investment fund to retain all books, of interest; SA 1004. Mr. ENSIGN submitted an documents, and records relating to such pub- (B) require the disclosure of information amendment to be proposed by him to lic-private investment fund, including elec- regarding participation in and management the bill S. 386, to improve enforcement tronic messages;

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4701 (7) allow the Special Inspector General of (3) have the heading ‘‘Notice Required by ment of mortgage fraud, securities the Troubled Asset Relief Program, the Sec- Federal Law’’ in a 14-point boldface type in fraud, financial institution fraud, and retary of the Treasury, and any other Fed- English and Spanish at the top of such no- other frauds related to federal assist- eral agency with oversight responsibilities tice; and ance and relief programs, for the recov- access to— (4) contain the following statement in ery of funds lost to these frauds, and (A) the books, documents, records, and em- English and Spanish: ‘‘Mortgage foreclosure ployees of each manager of a public-private is a complex process. Some people may ap- for other purposes; as follows: investment fund; and proach you about saving your home. You At the end, insert the following: (B) the books, documents, and records of should be careful about any such promises. SEC. ll. TRANSPARENCY IN ANNUAL FINANCIAL each private investor in a public-private in- There are government and nonprofit agen- REPORTS. vestment fund that relate to the public-pri- cies you may contact for helpful information (a) FINDINGS.—Congress finds the fol- vate investment fund; about the foreclosure process. Contact your lowing: (8) require each manager of a public-pri- lender immediately at [llll], call the De- (1) The American workers who contribute vate investment fund to give such public-pri- partment of Housing and Urban Development union dues deserve to have transparency and vate investment fund terms that are at least Housing Counseling Line at (800) 569–4287 to accountability in the management of their as favorable as those given to any other per- find a housing counseling agency certified by unions. son for whom such manager manages a fund; the Department to assist you in avoiding (2) Since 2001, investigations of union fraud (9) require each manager of a public-pri- foreclosure, or visit the Department’s Tips have resulted in more than 1,000 indictments, vate investment fund to acknowledge a fidu- for Avoiding Foreclosure website at http:// 929 convictions, and restitution in excess of ciary duty to the public and private inves- www.hud.gov/foreclosure for additional as- $93,000,000. tors in such fund; sistance.’’ (the blank space to be filled in by (3) A new rule (referred to in this sub- (10) require each manager of a public-pri- the loan servicer and successor telephone section as the ‘‘transparency rule’’) to re- vate investment fund to develop a robust numbers and Uniform Resource Locators quire union management to disclose more in- ethics policy that includes methods to en- (URLs) for the Department of Housing and formation about sales and purchases of as- sure compliance with such policy; Urban Development Housing Counseling Line sets, and disbursements to officers and em- (11) require stringent investor screening and Tips for Avoiding Foreclosure website, ployees, among other things, was set to take procedures for public-private investment respectively.). effect on April 21, 2009, after a previous delay funds that include know your customer re- (c) LOAN SERVICER.—As used in this sec- affording reporting entities more time to quirements at least as rigorous as those of a tion, the term ‘‘loan servicer’’ has the same prepare to comply. commercial bank or retail brokerage oper- meaning as the term ‘‘servicer’’ in section (4) The Obama Administration has set a ation; 6(i)(2) of the Real Estate Settlement Proce- goal for itself to be the most open and trans- (12) require each manager of a public-pri- dures Act of 1974 (12 U.S.C. 2605(i)(2)). parent administration in the history of the vate investment fund to identify for the Sec- (d) ENFORCEMENT BY FEDERAL TRADE COM- Nation. retary of the Treasury each beneficial owner MISSION.— (5) On April 21, 2009, the Department of of a private interest in such fund; and (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— Labor issued— (13) require the Secretary of the Treasury A failure to comply with any provision of (A) a final rule providing for a further to ensure that all investors in a public-pri- this section shall be treated as a violation of delay of the transparency rule; and vate investment fund are legitimate. a rule defining an unfair or deceptive act or (B) a proposed rule to withdraw the trans- (c) REPORT.—Not later than 45 days after practice promulgated under section parency rule. the date of the establishment of a program 18(a)(1)(B) of the Federal Trade Commission (6) The transparency rule would have been described in subsection (a), the Special In- Act (15 U.S.C. 57a(a)(1)(B)). a key tool in the battle against fraud, dis- spector General of the Troubled Asset Relief (2) ACTIONS BY THE FEDERAL TRADE COMMIS- couraging embezzlement of the money of Program shall submit to Congress a report SION.—The Federal Trade Commission shall union members and making money harder to on the implementation of this section. enforce the provisions of this section in the hide, and would have provided great sunlight (d) DEFINITION.—In this section, the term same manner, by the same means, and with and transparency to allow members to know ‘‘public-private investment fund’’ means a fi- the same jurisdiction, powers, and duties as how their dues were being spent. nancial vehicle that is— though all applicable terms and provisions of (7) The Department of Labor’s actions are (1) established by the Federal Government the Federal Trade Commission Act (15 U.S.C. in direct contradiction to everything the to purchase pools of loans, securities, or as- 41 et seq.) were incorporated into and made Obama Administration purports to stand for. sets from a financial institution described in part of this section. (b) PROHIBITION.—The Secretary of Labor section 101(a)(1) of the Emergency Economic may not expend Federal funds to withdraw Stabilization Act of 2008 (12 U.S.C. 5211(a)(1)); SA 1006. Mr. SCHUMER (for himself, the rule issued by the Secretary of Labor en- and Mr. SHELBY, Mr. DODD, Mrs. FEINSTEIN, titled ‘‘Labor Organization Annual Financial Reports’’, 74 Fed. Reg. 3678 (January 21, 2009). (2) funded by a combination of cash or eq- Mr. GRAHAM, and Mr. REED) proposed uity from private investors and funds pro- an amendment to the bill S. 386, to im- SA 1008. Ms. SNOWE submitted an vided by the Secretary of the Treasury, the prove enforcement of mortgage fraud, Federal Deposit Insurance Corporation, or amendment to be proposed by her to the Board of Governors of the Federal Re- securities fraud, financial institution the bill S. 386, to improve enforcement serve System. fraud, and other frauds related to fed- of mortgage fraud, securities fraud, fi- eral assistance and relief programs, for nancial institution fraud, and other SA 1005. Mr. KOHL (for himself and the recovery of funds lost to these frauds related to federal assistance and Mrs. LINCOLN) submitted an amend- frauds, and for other purposes; as fol- relief programs, for the recovery of ment intended to be proposed by him lows: funds lost to these frauds, and for other to the bill S. 386, to improve enforce- At the appropriate place in section 3, in- purposes; which was ordered to lie on ment of mortgage fraud, securities sert the following: the table; as follows: (l) ADDITIONAL APPROPRIATIONS FOR THE fraud, financial institution fraud, and On page 26, after line 22, add the following: SECURITIES AND EXCHANGE COMMISSION.— other frauds related to federal assist- (1) IN GENERAL.—There is authorized to be SEC. 5. EFFICIENT INVESTIGATION OF FINAN- ance and relief programs, for the recov- appropriated to the Securities and Exchange CIAL CRIMES. Not later than 60 days after the date of en- ery of funds lost to these frauds, and Commission, $20,000,000 for each of the fiscal actment of this Act, the Attorney General of for other purposes; which was ordered years 2010 and 2011 for investigations and en- the United States shall submit to the Com- forcement proceedings involving financial to lie on the table; as follows: mittee on the Judiciary of the Senate and institutions, including financial institutions At the end of the bill, add the following: the Committee on the Judiciary of the House to which this Act and amendments made by SEC. 5. WARNINGS TO HOMEOWNERS OF FINAN- of Representatives a report regarding the ac- this Act apply. CIAL SCAMS. tivities of the Department of Justice to work (2) INSPECTOR GENERAL.—There is author- (a) IN GENERAL.—If a loan servicer finds with other Federal departments and agencies ized to be appropriated to the Securities and that a homeowner has failed to make 2 con- and State and local governments to ensure Exchange Commission, $1,000,000 for each of secutive payments on a residential mortgage that financial crimes (including fraud, mis- loan and such loan is at risk of being fore- the fiscal years 2010 and 2011 for the salaries representation, malfeasance, or related closed upon, the loan servicer shall notify and expenses of the Office of the Inspector crimes with respect to development, adver- such homeowner of the dangers of fraudulent General of the Securities and Exchange Com- tising, brokerage, or sale of financial prod- activities associated with foreclosure. mission. ucts including derivatives, mortgage-backed (b) NOTICE REQUIREMENTS.—Each notice securities, credit default swaps, and provided under subsection (a) shall— SA 1007. Mr. HATCH (for himself, Mr. subprime loans, or related services) are in- (1) be in writing; CORNYN, Mr. ENZI, Mr. ROBERTS, and vestigated and prosecuted in the most effi- (2) be included with a mailing of account Mr. BENNETT) proposed an amendment cient way possible and without duplication information; to the bill S. 386, to improve enforce- of effort.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4702 CONGRESSIONAL RECORD — SENATE April 23, 2009 SA 1009. Mr. PRYOR (for himself and ‘‘(iii) quantitative information, as well as (1) in paragraph (10), by striking ‘‘and’’ at Mr. CORKER) submitted an amendment commentary, to explain changes in lending the end; intended to be proposed by him to bill levels for each category on other lending ac- (2) in paragraph (11), by striking the period S. 386, to improve enforcement of mort- tivities, including mortgage-backed securi- at the end and inserting ‘‘; and’’; and gage fraud, securities fraud, financial ties, asset-backed securities, and other se- (3) by adding at the end the following: cured lending; and ‘‘(12) be secured by a dwelling that has institution fraud, and other frauds re- ‘‘(iv) a narrative report of the intermedi- been properly appraised by a person that— lated to federal assistance and relief ation activity during the reporting period, ‘‘(A) the Secretary determines is qualified programs, for the recovery of funds lost including a general commentary on the lend- to perform such appraisals; to these frauds, and for other purposes; ing environment, loan demand, any changes ‘‘(B) has verified the purchase price of the which was ordered to lie on the table; in lending standards and terms, and any dwelling to ensure that the appraised value as follows: other intermediation activity; and of the property is not inflated; and At the appropriate place, insert the fol- ‘‘(B) for those financial institutions receiv- ‘‘(C) has obtained any documentation nec- lowing: ing less than $1,000,000,000 from the Capital essary to support an appraised value that is SEC. ll. ENHANCED REPORTING ON USE OF Purchase Program established by the Sec- high in relation to those of comparable TARP FUNDS. retary (or any successor thereto), a lending dwellings.’’. Section 105 of the Emergency Economic and intermediation snapshot, as of a date to (d) INFORMATION SERVICES FOR MORTGA- Stabilization Act of 2008 (12 U.S.C. 5215(a)) is be established by the Secretary, but not GORS.—Section 255(f) of the National Housing amended— more frequently than once every 90 days, in- Act (12 U.S.C. 1715z-20(f)) is amended— (1) in subsection (a)— cluding the information described in clauses (1) by redesignating paragraphs (1) through (A) in paragraph (2), by striking ‘‘and’’ at (i) through (iv) of subparagraph (A). (4) as subparagraphs (A) through (D), respec- the end; ‘‘(3) CERTIFICATION REQUIRED.—The infor- tively, and adjusting the margins accord- (B) in paragraph (3), by striking the period mation submitted to the Secretary under ingly; at the end and inserting ‘‘; and’’; and this subsection shall be signed by a duly au- (2) by striking paragraph (5); (C) by adding at the end the following: thorized senior executive officer of the finan- (3) in the matter preceding subparagraph ‘‘(4) a detailed report on the use of capital cial institution, including a statement certi- (A), as redesignated by this subsection, by investments by each financial institution, fying the accuracy of all statements, rep- striking ‘‘The Secretary’’ and all that fol- including— resentations, and supporting information lows through ‘‘which shall include—’’ and in- ‘‘(A) a narrative response, in a form and on provided, and such certifications shall be in- serting the following: a date to be established by the Secretary, cluded in the reports submitted by the Sec- ‘‘(1) IN GENERAL.—The Secretary shall pro- specifically outlining, with respect to the fi- retary under subsection (a)(4).’’. vide or cause to be provided to entities other nancial institution— than the lender the information required ‘‘(i) the original intended use of the TARP SA 1010. Mrs. MCCASKILL submitted under subsection (d)(2)(B). Such information funds; an amendment to be proposed by her to shall be discussed with the mortgagor and ‘‘(ii) whether the TARP funds are seg- the bill S. 386, to improve enforcement shall include—’’; regated from other institutional funds; of mortgage fraud, securities fraud, fi- (4) in the matter following subparagraph ‘‘(iii) the actual use of the TARP funds to nancial institution fraud, and other (D), as redesignated, by striking ‘‘The Sec- date; retary shall’’ and inserting the following: ‘‘(iv) the amount of TARP funds retained frauds related to federal assistance and relief programs, for the recovery of ‘‘(4) ALTERNATIVE APPROACHES.—The Sec- for the purpose of recapitalization; and retary shall’’; ‘‘(v) the expected use of the remainder of funds lost to these frauds, and for other (5) in subparagraph (D), as redesignated by the TARP funds; purposes; which was ordered to lie on this subsection, by striking ‘‘and’’ at the ‘‘(B) information compiled by the Sec- the table; as follows: end; and retary under subsection (b); and At the end of the bill, add the following: (6) by inserting after subparagraph (D), as ‘‘(C) a report, in a form and on a date to be TITLE II—HECM FRAUD PREVENTION AND redesignated by this subsection, the fol- established by the Secretary, on the compli- ENFORCEMENT ACT lowing: ance by the financial institution with the re- ‘‘(E) information about how to report strictions on dividends, stock repurchases, SEC. 21. SHORT TITLE. This title may be cited as the ‘‘Home Eq- mortgage-related fraud or consumer abuses, and executive compensation under the Secu- including information about how to contact rity Purchase Agreement and executive com- uity Conversion Mortgage Fraud Prevention and Enforcement Act of 2009’’. the Office of the Inspector General of the De- pensation guidelines of the Department of partment of Housing and Urban Develop- SEC. 22. PURPOSE. Treasury.’’; ment; (2) by redesignating subsections (b) The purpose of this title is to provide addi- tional fraud prevention, detection, and en- ‘‘(F) in the case of a home equity conver- through (e) as subsections (c) through (f), re- sion mortgage in which a person was re- spectively; and forcement provisions with respect to feder- ally-insured home equity conversion mort- moved from the title to the dwelling, infor- (3) by inserting after subsection (a) the fol- mation about— lowing: gages. ‘‘(i) the consequences of being removed ‘‘(b) INFORMATION PROVIDED BY FINANCIAL SEC. 23. FEDERALLY-INSURED HOME EQUITY from such title; and INSTITUTIONS.— CONVERSION MORTGAGES. ‘‘(ii) the consequences upon the death of ‘‘(1) IN GENERAL.—For purposes of the re- (a) CERTIFICATION OF RESIDENCE.—Section port of the Secretary required by subsection 255(d)(2) of the National Housing Act (12 the mortgagor or a divorce settlement. (a)(4), financial institutions assisted under U.S.C. 1715z-20(d)(2)) is amended— ‘‘(2) FRAUD REPORTING.—A person or entity this title shall provide to the Secretary the (1) in subparagraph (C), by striking ‘‘and’’ that counsels a mortgagor under this sub- information required by paragraph (2), at at the end; section shall report to the Inspector General such times and in such manner as the Sec- (2) by redesignating subparagraph (D) as of the Department of Housing and Urban De- retary shall establish. subparagraph (E); and velopment any suspected mortgage-related ‘‘(2) INFORMATION REQUIRED.—Information (3) by inserting after subparagraph (C) the fraud against a mortgagor. required by this paragraph is— following: ‘‘(3) CERTIFICATION.—Before making a ‘‘(A) for those financial institutions receiv- ‘‘(D) submits a certification to the Sec- home equity conversion mortgage, a mort- ing $1,000,000,000 or more from the Capital retary and the mortgagee that the mort- gagee shall obtain from each mortgagor a Purchase Program established by the Sec- gagor occupies the dwelling that secures the certification that such mortgagor has re- retary (or any successor thereto), a monthly mortgage; and’’. ceived counseling under this subsection.’’. lending and intermediation snapshot, as of a (b) PURCHASE OF DWELLING.—Section (e) ADDITIONAL PROTECTIONS.—Section 255 date to be established by the Secretary, 255(d)(3) of the National Housing Act (12 of the National Housing Act (12 U.S.C. 1715z- which shall include— U.S.C. 1715z-20(d)(3)) is amended by striking 20) is amended by inserting after subsection ‘‘(i) quantitative information, as well as ‘‘that is’’ and all that follows through ‘‘unit’’ (p) the following: commentary, to explain changes in lending and inserting ‘‘that—’’ ‘‘(q) POWERS OF HUD INSPECTOR GEN- levels for each category on consumer lend- ‘‘(A) is designed principally for a 1- to 4- ERAL.—The Inspector General of the Depart- ing, including first mortgages, home equity family residence in which the mortgagor oc- ment of Housing and Urban Development lines of credit, open end credit plans (as that cupies 1 of the units; and may— term is defined in section 103 of the Truth in ‘‘(B) in the case of a dwelling that is pur- ‘‘(1) conduct independent audits and in- Lending Act (15 U.S.C. 1602)), and other con- chased with the proceeds of a home equity spections of mortgagees to ensure that such sumer lending; conversion mortgage, was owned and occu- mortgagees comply with the requirements ‘‘(ii) quantitative information, as well as pied during the 180-day period ending on the under this section; and commentary, to explain changes in lending date of the sale of the dwelling’’. ‘‘(2) compare the records of mortgagors levels for each category on commercial lend- (c) APPRAISALS.—Section 255(d) of the Na- under mortgages insured under this section ing, including commercial and industrial tional Housing Act (12 U.S.C. 1715z-20(d)) is with the Death Master File of the Social Se- (C&I) lending and real estate; amended— curity Administration.

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4703

‘‘(r) PRIVACY PROTECTIONS.—A mortgagee 2009), provided that, except in special cir- (2) Section 2.4(a)(1) of title 36, Code of Fed- may not sell or disclose any personally iden- cumstances, citizens of the United States eral Regulations (as in effect before January tifiable information about a mortgagor may not ‘‘possess, use, or transport firearms 9, 2009), provided that ‘‘except as otherwise under a home equity conversion mortgage on national wildlife refuges’’ of the United provided in this section and parts 7 (special for marketing purposes unless such disclo- States Fish and Wildlife Service. regulations) and 13 (Alaska regulations), the sure is at the request of the mortgagor. (4) The regulations described in paragraphs following are prohibited: (i) Possessing a ‘‘(s) COMPLIANCE SYSTEM.—Each mortgagee (2) and (3) (as in effect before January 9, 2009) weapon, trap or net (ii) Carrying a weapon, shall create and maintain a system to ensure prevented individuals complying with Fed- trap or net (iii) Using a weapon, trap or net’’. compliance with this section that includes— eral and State laws from exercising the sec- (3) Section 27.42 of title 50, Code of Federal ‘‘(1) written procedures; and ond amendment rights of the individuals Regulations (as in effect before January 9, ‘‘(2) a periodic review of records to detect while at units of— 2009), provided that, except in special cir- and prevent violations of this section. (A) the National Park System; and cumstances, citizens of the United States ‘‘(t) ADVERTISING.— (B) the National Wildlife Refuge System. may not ‘‘possess, use, or transport firearms ‘‘(1) IN GENERAL.—A mortgagee may not (5) The existence of different laws relating on national wildlife refuges’’ of the United advertise a home equity conversion mort- to the transportation and possession of fire- States Fish and Wildlife Service. gage in a manner that— arms at different units of the National Park (4) The regulations described in paragraphs ‘‘(A) is false or misleading; System and the National Wildlife Refuge (2) and (3) (as in effect before January 9, 2009) ‘‘(B) fails to present a fair balance between System entrapped law-abiding gun owners prevented individuals complying with Fed- the risks and benefits of a home equity con- while at units of the National Park System eral and State laws from exercising the sec- version mortgage; or and the National Wildlife Refuge System. ond amendment rights of the individuals ‘‘(C) fails to reveal— (6) Although the Bush administration while at units of— ‘‘(i) facts that are material to a representa- issued new regulations relating to the Sec- (A) the National Park System; and tion made in such advertisement; or ond Amendment rights of law-abiding citi- (B) the National Wildlife Refuge System. ‘‘(ii) the consequences of obtaining a home zens in units of the National Park System (5) The existence of different laws relating equity conversion mortgage. and National Wildlife Refuge System that to the transportation and possession of fire- ‘‘(2) REQUEST TO WITHDRAW OR REVISE AD- went into effect on January 9, 2009— arms at different units of the National Park VERTISEMENT.—The Secretary or the Com- (A) on March 19, 2009, the United States System and the National Wildlife Refuge missioner of the Federal Trade Commission District Court for the District of Columbia System entrapped law-abiding gun owners may request that a mortgagee withdraw or granted a preliminary injunction with re- while at units of the National Park System modify an advertisement that does not meet spect to the implementation and enforce- and the National Wildlife Refuge System. the requirements established under para- ment of the new regulations; and (6) Although the Bush administration graph (1).’’. (B) the new regulations— issued new regulations relating to the Sec- SEC. 24. CRIMINAL PENALTIES. (i) are under review by the administration; ond Amendment rights of law-abiding citi- (a) DEPARTMENT OF HOUSING AND URBAN and zens in units of the National Park System DEVELOPMENT TRANSACTIONS.—Section 1012 (ii) may be altered. and National Wildlife Refuge System that of title 18, United States Code, is amended by (7) Congress needs to weigh in on the new went into effect on January 9, 2009— striking ‘‘one year’’ and inserting ‘‘2 years’’. regulations to ensure that unelected bureau- (A) on March 19, 2009, the United States (b) EQUITY SKIMMING.—Section 912 of the Housing and Urban Development Act of 1970 crats cannot again override the Second District Court for the District of Columbia (12 U.S.C. 1709-2) is amended— Amendment rights of law-abiding citizens on granted a preliminary injunction with re- (1) in paragraph (1), by striking ‘‘a mort- 83,600,000 acres of National Park System land spect to the implementation and enforce- gage or deed of trust insured or held by the and 90,790,000 acres of land under the juris- ment of the new regulations; and Secretary’’ and inserting ‘‘a home equity diction of the United States Fish and Wild- (B) the new regulations— conversion mortgage, a mortgage, or deed of life Service. (i) are under review by the administration; trust insured or held by the Secretary’’; and (8) The Federal laws should make it clear and (2) in the matter following paragraph (3), that the second amendment rights of an indi- (ii) may be altered. by adding at the end the following: ‘‘Not- vidual at a unit of the National Park System (7) Congress needs to weigh in on the new withstanding any other provision of law, and or the National Wildlife Refuge System regulations to ensure that unelected bureau- for purposes of any violation of this section should not be infringed. crats cannot again override the Second (b) PROTECTING THE RIGHT OF INDIVIDUALS relating to a home equity conversion mort- Amendment rights of law-abiding citizens on TO BEAR ARMS IN UNITS OF THE NATIONAL gage, the statute of limitations for the com- 83,600,000 acres of National Park System land PARK SYSTEM AND THE NATIONAL WILDLIFE mencement of a criminal action under this and 90,790,000 acres of land under the juris- REFUGE SYSTEM.—The Secretary of the Inte- section shall not begin and shall be consid- diction of the United States Fish and Wild- rior shall not promulgate or enforce any reg- ered tolled until the fraud constituting the life Service. ulation that prohibits an individual from action is discovered.’’. (8) The Federal laws should make it clear possessing a firearm including an assembled that the second amendment rights of an indi- SA 1011. Mr. COBURN submitted an or functional firearm in any unit of the Na- vidual at a unit of the National Park System amendment intended to be proposed to tional Park System or the National Wildlife or the National Wildlife Refuge System amendment SA 990 proposed by Mr. Refuge System if— should not be infringed. (1) the individual is not otherwise prohib- (b) PROTECTING THE RIGHT OF INDIVIDUALS KOHL to the bill S. 386, to improve en- ited by law from possessing the firearm; and TO BEAR ARMS IN UNITS OF THE NATIONAL forcement of mortgage fraud, securi- (2) the possession of the firearm is in com- PARK SYSTEM AND THE NATIONAL WILDLIFE ties fraud, financial institution fraud, pliance with the law of the State in which REFUGE SYSTEM.—The Secretary of the Inte- and other frauds related to federal as- the unit of the National Park System or the rior shall not promulgate or enforce any reg- sistance and relief programs, for the re- National Wildlife Refuge System is located. ulation that prohibits an individual from covery of funds lost to these frauds, possessing a firearm including an assembled and for other purposes; which was or- SA 1012. Mr. COBURN submitted an or functional firearm in any unit of the Na- dered to lie on the table; as follows: amendment intended to be proposed to tional Park System or the National Wildlife At the appropriate place, insert the fol- amendment SA 990 proposed by Mr. Refuge System if— lowing: KOHL to the bill S. 386, to improve en- (1) the individual is not otherwise prohib- ited by law from possessing the firearm; and SEC. ll. PROTECTING AMERICANS FROM VIO- forcement of mortgage fraud, securi- LENT CRIME. ties fraud, financial institution fraud, (2) the possession of the firearm is in com- (a) CONGRESSIONAL FINDINGS.—Congress pliance with the law of the State in which and other frauds related to federal as- the unit of the National Park System or the finds the following: sistance and relief programs, for the re- (1) The Second Amendment to the Con- National Wildlife Refuge System is located. stitution provides that ‘‘the right of the peo- covery of funds lost to these frauds, ple to keep and bear Arms, shall not be in- and for other purposes; which was or- SA 1013. Mr. SCHUMER (for himself, fringed’’. dered to lie on the table; as follows: Mr. KENNEDY) submitted an amend- (2) Section 2.4(a)(1) of title 36, Code of Fed- Strike all after line 1, and insert the fol- ment intended to be proposed by him eral Regulations (as in effect before January lowing: to the bill S. 386, to improve enforce- 9, 2009), provided that ‘‘except as otherwise SEC. ll. PROTECTING AMERICANS FROM VIO- ment of mortgage fraud, securities provided in this section and parts 7 (special LENT CRIME. fraud, financial institution fraud, and regulations) and 13 (Alaska regulations), the (a) CONGRESSIONAL FINDINGS.—Congress other frauds related to federal assist- following are prohibited: (i) Possessing a finds the following: weapon, trap or net (ii) Carrying a weapon, (1) The Second Amendment to the Con- ance and relief programs, for the recov- trap or net (iii) Using a weapon, trap or net’’. stitution provides that ‘‘the right of the peo- ery of funds lost to these frauds, and (3) Section 27.42 of title 50, Code of Federal ple to keep and bear Arms, shall not be in- for other purposes; which was ordered Regulations (as in effect before January 9, fringed’’. to lie on the table; as follows:

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4704 CONGRESSIONAL RECORD — SENATE April 23, 2009 At the appropriate place, add the fol- Works be authorized to meet during The PRESIDING OFFICER. Without lowing: the session of the Senate on Thursday, objection, it is so ordered. SEC. ll. DECLARATION OF ENGLISH AS LAN- April 23, 2009 at 10:30 a.m. in room 406 JOINT COMMITTEE ON PRINTING GUAGE. of the Dirksen Senate office building. Mr. LEAHY. Mr. President, I ask (a) IN GENERAL.—English is the common The PRESIDING OFFICER. Without unanimous consent that the Joint language of the United States. objection, it is so ordered. (b) PRESERVING AND ENHANCING THE ROLE Committee on Printing be authorized OF THE ENGLISH LANGUAGE.—The Govern- COMMITTEE ON FINANCE to meet during the session of the Sen- ment of the United States shall preserve and Mr. LEAHY. Mr. President, I ask ate on Thursday, April 23, 2009, at 11:45 enhance the role of English as the language unanimous consent that the Com- a.m. of the United States. Nothing in this Act mittee on Finance be authorized to The PRESIDING OFFICER. Without shall diminish or expand any existing rights meet during the session of the Senate objection, it is so ordered. under the laws of the United States relative on Thursday, April 23, 2009, at 10 a.m., f to services or materials provided by the Gov- in room 215 of the Dirksen Senate of- ernment of the United States in any lan- fice building, to conduct a hearing en- NOTICE: REGISTRATION OF MASS guage other than English. MAILINGS (c) DEFINITION.—For purposes of this sec- titled ‘‘Technology Neutrality in En- tion, the term ‘‘laws of the United States’’ ergy Tax: Issues and Options.’’ The filing date for 2009 first quarter includes the Constitution of the United The PRESIDING OFFICER. Without Mass Mailings is Monday, April 27, States, any provision of Federal statute, any objection, it is so ordered. 2009. If your office did no mass mailings rule or regulation issued under such statute, COMMITTEE ON FOREIGN RELATIONS during this period, please submit a any judicial decisions interpreting such stat- Mr. LEAHY. Mr. President, I ask form that states ‘‘none.’’ ute, or any Executive Order of the President. unanimous consent that the Com- Mass mailing registrations, or nega- f mittee on Foreign Relations be author- tive reports, should be submitted to NOTICE OF HEARING ized to meet during the session of the the Senate Office of Public Records, 232 Senate on Thursday, April 23, 2009, at Hart Building, Washington, D.C. 20510– COMMITTEE ON INDIAN AFFAIRS 10:15 a.m., to hold a hearing entitled 7116. Mr. DORGAN. Mr. President, I would ‘‘Voice of Veterans from the Afghan The Public Records office will be like to announce that the Committee War.’’ open from 9:00 a.m. to 6:00 p.m. on the on Indian Affairs will meet on Thurs- The PRESIDING OFFICER. Without filing date to accept these filings. For day, April 23, 2009, at 2:15 p.m. in room objection, it is so ordered. further information, please contact the 628 of the Dirksen Senate office build- COMMITTEE ON HOMELAND SECURITY AND Public Records office at (202) 224–0322. ing to conduct a hearing on the nomi- GOVERNMENTAL AFFAIRS f nation of Yvette D. Roubideaux to be Mr. LEAHY. Mr. President, I ask DESIGNATING APRIL 23, 2009, AS Director of the Indian Health Service. unanimous consent that the Com- ‘‘NATIONAL ADOPT A LIBRARY Those wishing additional information mittee on Homeland Security and Gov- DAY’’ may contact the Indian Affairs Com- ernmental Affairs be authorized to mittee at 202–224–2251. meet during the session of the Senate Mr. DURBIN. I ask unanimous con- f on Thursday, April 23, 2009, at 9 a.m. to sent the Senate proceed to the imme- AUTHORITY FOR COMMITTEES TO conduct a hearing entitled ‘‘Follow the diate consideration of S. Res. 113, sub- MEET Money: State and Local Oversight of mitted earlier today. Stimulus Funding.’’ The PRESIDING OFFICER. The COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without clerk will report the resolution by AFFAIRS objection, it is so ordered. title. Mr. LEAHY. Mr. President, I ask COMMITTEE ON INDIAN AFFAIRS The legislative clerk read as follows: unanimous consent that the Com- Mr. LEAHY. Mr. President, I ask A resolution (S. Res. 113) designating April mittee on Banking, Housing, and unanimous consent that the Com- 23, 2009, as ‘‘National Adopt A Library Day.’’ Urban Affairs be authorized to meet mittee on Indian Affairs be authorized There being no objection, the Senate during the session of the Senate on to meet during the session of the Sen- proceeded to consider the resolution. April 23, 2009, at 10:30 a.m. ate on Thursday, April 23, 2009, at 2:15 Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. Without p.m. in room 628 of the Dirksen Senate sent the resolution be agreed to, the objection, it is so ordered. office building. preamble be agreed to, the motions to COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without reconsider be laid upon the table, with TRANSPORTATION objection, it is so ordered. no intervening action or debate, and Mr. LEAHY. Mr. President, I ask COMMITTEE ON THE JUDICIARY any statements be printed in the unanimous consent that the Com- Mr. LEAHY. Mr. President, I ask RECORD. mittee on Commerce, Science, and unanimous consent that the Senate The PRESIDING OFFICER. Without Transportation be authorized to meet Committee on the Judiciary be author- objection, it is so ordered. during the session of the Senate on ized to meet during the session of the The resolution (S. Res. 113) was Thursday, April 23, 2009, in room S–216, Senate, to conduct an executive busi- agreed to. at 12 p.m. ness meeting on Thursday, April 23, The preamble was agreed to. The PRESIDING OFFICER. Without 2009, at 10 a.m. in room SD–226 of the The resolution, with its preamble, objection, it is so ordered. Dirksen Senate office building. reads as follows: COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without S. RES. 113 RESOURCES objection, it is so ordered. Whereas libraries are an essential part of Mr. LEAHY. Mr. President, I ask SELECT COMMITTEE ON INTELLIGENCE the communities and the national system of unanimous consent that the Com- Mr. LEAHY. Mr. President, I ask education in the United States; Whereas the people of the United States mittee on Energy and Natural Re- unanimous consent that the Select sources be authorized to meet during benefit significantly from libraries that Committee on Intelligence be author- serve as an open place for people of all ages the session of the Senate to conduct a ized to meet during the session of the and backgrounds to make use of books and hearing on Thursday, April 23, at 2 Senate on April 23, 2009, at 2 p.m. other resources that offer pathways to learn- p.m., in room SD–366 of the Dirksen The PRESIDING OFFICER. Without ing, self-discovery, and the pursuit of knowl- Senate office building. objection, it is so ordered. edge; The PRESIDING OFFICER. Without JOINT COMMITTEE ON THE LIBRARY Whereas the libraries of the United States objection, it is so ordered. Mr. LEAHY. Mr. President, I ask depend on the generous donations and sup- port of individuals and groups to ensure that COMMITTEE ON ENVIRONMENT AND PUBLIC unanimous consent that the Joint people who are unable to purchase books WORKS Committee on the Library be author- still have access to a wide variety of re- Mr. LEAHY. Mr. President, I ask ized to meet during the session of the sources; unanimous consent that the Com- Senate on Thursday, April 23, 2009, at Whereas certain nonprofit organizations mittee on Environment and Public 11:30 a.m. facilitate donations of books to schools and

VerDate Nov 24 2008 01:18 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S23AP9.REC S23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — SENATE S4705 libraries across the country to extend the APPOINTMENT IN THE AIR FORCE joys of reading to millions of people in the The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICER FOR APPOINTMENT United States and to prevent used books Chair announces, on behalf of the Re- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- from being thrown away; and CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE publican leader, pursuant to the provi- AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Whereas several States and Common- sions of S. Res. 105, adopted April 13, 601: wealths that recognize the importance of li- 1989 as amended by S. Res. 149, adopted To be general braries and reading have adopted resolutions October 5, 1993, as amended by Public commemorating April 23 as ‘‘Adopt A Li- Law 105–275, adopted October 21, 1998, LT. GEN. DOUGLAS M. FRASER further amended by S. Res. 75, adopted THE FOLLOWING NAMED OFFICER FOR APPOINTMENT brary Day’’: Now, therefore, be it IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- Resolved, That the Senate— March 25, 1999, amended by S. Res. 383, CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE (1) designates April 23, 2009, as ‘‘National adopted October 27, 2000, and amended AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Adopt A Library Day’’; by S. Res. 355, adopted November 13, 601: (2) honors organizations that help facili- 2002, and further amended by S. Res. To be lieutenant general tate donations to schools and libraries; 480, adopted November 21, 2004, the ap- MAJ. GEN. LARRY O. SPENCER (3) urges all people in the United States pointment of the following Senators as THE FOLLOWING NAMED OFFICER FOR APPOINTMENT who own unused books to donate those books members of the Senate National Secu- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- to local libraries; rity Working Group for the 111th Con- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION (4) strongly supports children and families gress: the Senator from Arizona, Mr. 601: who take advantage of the resources pro- MCCAIN, and the Senator from Idaho, To be lieutenant general vided by schools and libraries; and Mr. RISCH. (5) encourages the people of the United The PRESIDING OFFICER. The MAJ. GEN. MARC E. ROGERS States to observe the day with appropriate Chair announces, on behalf of the Re- UNITED SATES MARINE CORPS ceremonies and activities. publican Leader, pursuant to P.L. 110– THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f 229, the appointment of the following IN THE UNITED STATES MARINE CORPS TO THE GRADE to be members of the Commission to INDICATED UNDER TITLE 10, U.S.C., SECTION 624: AUTHORIZING THE USE OF Study the Potential Creation of a Na- To be brigadier general EMANCIPATION HALL tional Museum of the American COLONEL JOHN J. BROADMEADOW Mr. DURBIN. Mr. President, I ask Latino: Dr. Eduardo Padron of Florida, COLONEL JOHN W. BULLARD, JR. unanimous consent the Senate proceed Sean D. Reyes of Utah, and Ellie COLONEL STEVEN W. BUSBY to the immediate consideration of H. COLONEL HERMAN S. CLARDY III Lopez-Bowlan of Nevada. COLONEL LEWIS A. CRAPAROTTA Con. Res. 86, which was received from f COLONEL ROBERT F. HEDELUND the House. COLONEL FREDERICK M. PADILLA ORDERS FOR FRIDAY, APRIL 24, COLONEL MICHAEL A. ROCCO The PRESIDING OFFICER. The 2009 COLONEL RICHARD L. SIMCOCK II clerk will report the resolution by Mr. DURBIN. I ask unanimous con- COLONEL VINCENT R. STEWART title. sent that when the Senate completes IN THE NAVY The legislative clerk read as follows: its business today, it adjourn until 11 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A concurrent resolution (H. Con. Res. 86) a.m. tomorrow, Friday, April 24; that IN THE UNITED STATES NAVY TO THE GRADE INDICATED authorizing the use of Emancipation Hall in following the prayer and pledge, the UNDER TITLE 10, U.S.C., SECTION 624: the Capitol Visitor Center for the unveiling Journal of proceedings be approved to To be rear admiral (lower half) of a bust of Sojourner Truth. date, the morning hour be deemed ex- CAPT. ELEANOR V. VALENTIN There being no objection, the Senate pired, the time for the two leaders be THE FOLLOWING NAMED OFFICER FOR APPOINTMENT reserved for their use later in the day, IN THE UNITED STATES NAVY TO THE GRADE INDICATED proceeded to consider the concurrent UNDER TITLE 10, U.S.C., SECTION 624: resolution. and the Senate proceed to a period of morning business with Senators per- To be rear admiral (lower half) Mr. DURBIN. I ask unanimous con- mitted to speak for up to 10 minutes CAPT. MARK L. TIDD sent that the resolution be agreed to, each. and the motion to reconsider be laid THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The PRESIDING OFFICER. Without IN THE UNITED STATES NAVY TO THE GRADE INDICATED upon the table, with no intervening ac- objection, it is so ordered. UNDER TITLE 10, U.S.C., SECTION 624: tion or debate. f To be rear admiral (lower half) The PRESIDING OFFICER. Without CAPT. KURT L. KUNKEL objection, it is so ordered. PROGRAM CAPT. JONATHAN A. YUEN The concurrent resolution (H. Con. Mr. DURBIN. The next vote will THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Res. 86) was agreed to. occur at approximately 5:30 p.m. on IN THE UNITED STATES NAVY TO THE GRADE INDICATED Monday. That vote will be on the mo- UNDER TITLE 10, U.S.C., SECTION 624: f tion to invoke cloture on S. 386, the To be rear admiral (lower half) PROVIDING FOR ACCEPTANCE OF Fraud Enforcement and Recovery Act. CAPT. KATHERINE L. GREGORY RONALD REAGAN STATUE f CAPT. KEVIN R. SLATES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT Mr. DURBIN. I ask unanimous con- ADJOURNMENT UNTIL 11 A.M. IN THE UNITED STATES NAVY TO THE GRADE INDICATED sent the Senate proceed to the imme- TOMORROW UNDER TITLE 10, U.S.C., SECTION 624: diate consideration of H. Con. Res 101, Mr. DURBIN. If there is no further To be rear admiral (lower half) which was received from the House. business to come before the Senate, I CAPT. CLINTON F. FAISON III The PRESIDING OFFICER. The ask unanimous consent that it stand clerk will report the concurrent resolu- adjourned under the previous order. IN THE ARMY tion by title. There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY The legislative clerk read as follows: at 10 p.m., adjourned until Friday, JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, A concurrent resolution (H. Con. Res 101) April 24, 2009, at 11 a.m. U.S.C., SECTIONS 624 AND 3064: providing for the acceptance of a statue of f To be lieutenant colonel Ronald Wilson Reagan from the people of NOMINATIONS CHARLES T. KIRCHMAIER California for placement in the United States Capitol. Executive nominations received by the Senate: There being no objection, the Senate f DEPARTMENT OF TRANSPORTATION proceeded to consider the concurrent VICTOR M. MENDEZ, OF ARIZONA, TO BE ADMINIS- CONFIRMATION resolution. TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION, Mr. DURBIN. I ask unanimous con- VICE THOMAS J. MADISON, RESIGNED. Executive nomination confirmed by sent that the concurrent resolution be ENVIRONMENTAL PROTECTION AGENCY the Senate, April 23, 2009: agreed to, and the motion to reconsider STEPHEN ALAN OWENS, OF ARIZONA, TO BE ASSISTANT DEPARTMENT OF DEFENSE be laid upon the table, with no inter- ADMINISTRATOR FOR TOXIC SUBSTANCES OF THE ENVI- vening action or debate. RONMENTAL PROTECTION AGENCY, VICE JAMES B. ASHTON B. CARTER, OF MASSACHUSETTS, TO BE GULLIFORD, RESIGNED. The PRESIDING OFFICER. Without UNDER SECRETARY OF DEFENSE FOR ACQUISITION, DEPARTMENT OF AGRICULTURE TECHNOLOGY, AND LOGISTICS. objection, it is so ordered. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO RAJIV J. SHAH, OF WASHINGTON, TO BE UNDER SEC- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- The concurrent resolution (H. Con. RETARY OF AGRICULTURE FOR RESEARCH, EDUCATION, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY Res. 101) was agreed to. AND ECONOMICS, VICE GALE A. BUCHANAN, RESIGNED. CONSTITUTED COMMITTEE OF THE SENATE.

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IRISH-AMERICAN HERITAGE responded while horses drew the fire appa- cleanup efforts retrieve tons of plastic bags MONTH ratus. Nine years after its establishment, the and beverage containers. second paid member of the Department, As- Much of the trash that reaches major water- SPEECH OF sistant Chief William Anthony, was hired and sheds does not stay in the watersheds—it is HON. CAROLYN McCARTHY by the 1930s there were more than half a washed out to sea and becomes marine de- dozen paid members. bris. Scientists are becoming alarmed about OF NEW YORK Many changes have occurred since those massive ‘‘garbage patches’’ that are building IN THE HOUSE OF REPRESENTATIVES early days of the Department—its responsibil- up in nearly all of the world’s oceans. The Tuesday, April 21, 2009 ities expanding dramatically and the job be- best-known patch consists of an estimated Mrs. MCCARTHY of New York. Mr. Speak- coming more complex and dangerous. To- 100 million tons of plastic debris that has ac- er, I rise today in support of H. Res. 254, a day’s 97-member Department staff four sta- cumulated inside a circular vortex of currents resolution recognizing the unique and distin- tions throughout Town and respond to fires, known as the North Pacific gyre. It is esti- guished role that Irish Americans have played Haz-mat calls, vehicle extrications, medical mated to be anywhere from 270,000 square in the history of our nation. calls, as well as plane incidents. Department miles to almost 580,000 square miles—be- They have provided the backbone of our members also participate in a variety of com- tween six and thirteen times the size of the workforce, enlivened our art and culture, de- munity activities aimed at fire safety and pre- Commonwealth of Virginia. Eighty per cent of fended our country, and served in this Con- vention as well as annual celebrations such as the plastic in these ocean gyres is believed to gress and as President of the United States. the Memorial Day Parade. The Department come from the land. In fact, there isn’t an aspect of our nation does all of this in a Town which today has The debris that chokes our inland water- that hasn’t been improved by the efforts of 50,000 residents, is bordered by eighteen sheds, our coastlines, and the marine environ- Irish Americans. miles of shoreline, is intersected by Interstate ment sickens and kills thousands of animals Today, almost one in four Americans can 95, the Merritt Parkway, and the Metro-North every year. Over 267 species worldwide have trace their heritage back to Ireland. railroad, and has an airport within its borders. been impacted by plastic bags and other litter With such a large and growing population, it What makes this centennial celebration through entanglement or ingestion. Scientists is guaranteed that Irish Americans will con- even more special is that the proceeds from are also realizing that the increasing volume of tinue to have a significant impact on our coun- the parade and festival will benefit the Strat- plastic that is slowly decomposing in the try for generations to come. ford Professional Firefighters Burn Founda- world’s oceans may present a longterm prob- I’m proud to stand today with my col- tion—a non-profit organization founded in lem for marine food chains. As plastic items leagues, those lucky enough to be Irish Amer- 1999 by the members of the Stratford Fire De- break down, any toxic additives they contain— ican, as well as those who aren’t, and honor partment, Local 998 of the International Asso- including flame retardants, antimicrobials, and this group that has been so important to our ciation of Firefighters to provide economic plasticizers—may be released into the ocean nation. support to the funding of projects in the areas environment. Not only are the components of f of fire and burn prevention through education, the plastics themselves entering the food research, and public awareness programs. chain, but so are toxic chemicals that attach to HONORING THE STRATFORD FIRE We owe a great debt of gratitude to the men the plastic particles because of plastic’s mo- DEPARTMENT AS THEY CELE- and women who dedicate themselves to the lecular tendency to attract oils. BRATE THEIR CENTENNIAL AN- protection of our communities as firefighters. Many of these chemicals may disrupt the NIVERSARY They face risks that few of us can truly com- endocrine system—the delicately balanced set prehend. Each day, they must be ready to of hormones and glands that affect virtually HON. ROSA L. DeLAURO perform under intense pressure—literally in life every organ and cell. In marine environments, OF CONNECTICUT or death situations. For one hundred years, excess estrogen has led to discoveries of IN THE HOUSE OF REPRESENTATIVES the men and women of the Stratford Fire De- male fish and seagulls with female sex or- partment have ensured the health and safety gans. Thursday, April 23, 2009 of the Stratford community and I am proud to The Plastic Bag Reduction Act encourages Ms. DELAURO. Madam Speaker, it is with rise today to pay tribute not only to their rich consumers to choose reusable bags by impos- great pleasure that I rise today to join the history but to their outstanding and unwaver- ing a 5 cent tax on single-use carryout bags community of Stratford, Connecticut in mark- ing commitment to public service. beginning January 1, 2010. On January 1, ing the 100th Anniversary of the Stratford Fire f 2015, the amount of the tax increases to 25 Department. This is a remarkable milestone cents per bag. The tax applies to paper as and a testament to the dedication and commit- THE PLASTIC BAG REDUCTION well as to plastic single-use carryout bags. Of ment of those men and women who devote ACT OF 2009 each 5 cents charged to the customer, the re- their professional lives to protecting the Strat- tail seller may apply for a tax credit of one ford community. HON. JAMES P. MORAN cent for carrying out a qualified carryout bag One hundred years ago the town’s paid fire- OF VIRGINIA recycling program. Of each 5 cents charged to fighting force was established with the hiring IN THE HOUSE OF REPRESENTATIVES the customer, one cent will be transferred to of the first paid fire chief and then volunteer, the Land and Water Conservation Fund. Fi- Allen Judson as well as the merging of two Thursday, April 23, 2009 nally, the bill directs the Comptroller General volunteer units, the Mutual Hook and Ladder Mr. MORAN of Virginia. Madam Speaker, to conduct a study of the effectiveness of the Company and the Chemical Hose Company. today I am introducing the ‘‘Plastic Bag Re- provisions of the legislation and evaluate In its earliest years, Chief Judson was the sole duction Act,’’ legislation that will protect our whether imposing a tax on other products, paid employee of the Department and he watersheds, and ultimately the marine environ- such as food wrappers and containers, could would lead the Department for the next forty- ment, by reducing a major source of coastal reduce the use of those products. three years. Volunteers were called to emer- and marine debris, single-use packaging. I am also co-sponsoring Congressman MAR- gencies by the ringing of the church bells with Trash in our watersheds interferes with pub- KEY’s ‘‘Bottle Recycling Climate Protection Act Chief Judson coordinating the ‘‘bucket bri- lic use and enjoyment of natural resources, of 2009.’’ This legislation will impose a 5 cent gades,’’ the hand-drawn hook and ladder ap- can be hazardous to wildlife, and can break deposit on beverage containers, which will re- paratus, as well as the manually operated down into tiny ‘‘microplastics’’ that enter the duce the number of bottles and cans that end water pump. By day the men who worked in food chain, carrying toxins with them. Trash is up as trash in oceans and inland watersheds. Stratford Center responded and by night those a serious problem in the Potomac and Ana- Madam Speaker, human health is directly who lived within a thousand feet of the Center costia River watersheds, where every year linked to the health of our watersheds and

∑ 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 04:53 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.001 E23APPT1 jbell on PROD1PC69 with REMARKS E948 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 oceans. Each of us needs to take responsi- Mr. James Griffin Boswell II of Indian Wells, IN HONOR OF U.S. CAPITOL PO- bility for protecting these essential resources. California. James passed away on April 3, LICE LIEUTENANT DOMINICK We can do so through the simple step of tak- 2009 at the age of 86. He is survived by his COSTA ON THE OCCASION OF HIS ing reusable bags with us when we shop. The wife Barbara Wallace Boswell, three children RETIREMENT Trash Free Watersheds Act creates a tax that and several grandchildren. I hope no American will choose to pay. Mr. James Griffin Boswell was born on HON. XAVIER BECERRA f OF CALIFORNIA March 10, 1923 in Greensboro, Georgia to IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION William Whittier Boswell, Sr. and Kate Hall Boswell. James graduated in 1941 from the Thursday, April 23, 2009 HON. LEONARD L. BOSWELL Thacher School an exclusive private boarding Mr. BECERRA. Madam Speaker, I rise OF IOWA school in Ojai, California. In 1946 he received today to honor Lieutenant Dominick Costa for IN THE HOUSE OF REPRESENTATIVES his B.S. in Economics from Stanford Univer- his more than 31 years of public service to the U.S. Capitol Police Department and our con- Thursday, April 23, 2009 sity. Prior to graduating from Stanford, ‘‘JG’’ gressional community. as he was most commonly known, served in Mr. BOSWELL. Madam Speaker, I regret Since his appointment to the U.S. Capitol my absence from the House on April 21st and the United States Army during World War II Police on October 3, 1977, Lieutenant Costa April 22nd, but I was in my district welcoming where he was stationed in the South Pacific. has held several important positions within the President Obama to Newton, Iowa, former At the age of twenty-nine, James inherited Department. He has served in the House and home of Maytag, and now home to a growing one-third of the JG Boswell Company after the Senate Divisions, Capitol Division, and the wind power industry, where we celebrated death of his uncle, JG Boswell I. At that time First Responder Unit. As an instructor and as Earth Day and focused on alternative energy the company held 150,000 acres in California. a supervisor in the Training Division, he development and the green collar jobs this will During the next half century, James spent a helped develop and enhance the skills of fel- create. Had I been present, I would have low officers. Over the years, Lieutenant Costa good portion of his time transforming the fam- voted ‘‘aye’’ on rollcall votes 193, 194, 195, also worked as a Crime Scene Research Offi- 196, 197, and 199, and I would have voted ily farm located near Corcoran, California in cer, a member of the U.S. Capitol Police De- ‘‘no’’ on rollcall vote 198. the San Joaquin Valley. partment’s Ceremonial Unit and as an Admin- f The diversification of the JG Boswell Com- istrative Sergeant in charge of the Depart- pany created many industry leading develop- ment’s Victim Witness Program. After being HONORING THE VILLAGE OF promoted to Lieutenant in November 2004, Lt. ITASCA ments. Mr. Boswell’s labs developed new, highly productive seed varieties as well as Costa served as the Watch Commander, pro- technological improvements that increased viding area command for all Department oper- HON. PETER J. ROSKAM ations and serving as the U.S. Capitol Police their capacity. He was an innovative water OF ILLINOIS Chief’s representative in his absence. user, one of the first to employ lasers when IN THE HOUSE OF REPRESENTATIVES On January 3, 2009, Lieutenant Costa re- leveling fields allowing water to flow evenly Thursday, April 23, 2009 tired after over three decades of exemplary and efficiently. His careful water management service as a member of the U.S. Capitol Po- Mr. ROSKAM. Madam Speaker, I rise today also included hiring agronomists to determine lice Department. He is currently residing in La to recognize the Village of Itasca in my Con- when and how to irrigate. This allowed the Plata, Maryland with his wife Barbara of 28 gressional District. Through a dedicated com- Boswell farms to produce more cotton with years and daughter Danielle. His unwavering munity-wide effort, Itasca has earned the des- less water than their competitors. James re- commitment to the public serves as an inspira- ignation of an International Safe Community mained a very private man, in spite of periods tion to all Americans. from the World Health Organization. of growth and success for his enterprises, Madam Speaker, I rise to once again praise This impressive effort places Itasca at the which included such things as diversification Lieutenant Dominick Costa for his outstanding forefront of public health and safety efforts as public service to the Congress and to his into real estate development and farming ven- the only Illinois community, and one of only country. I ask my colleagues to join me in five communities across the nation to receive tures in Australia. His family business main- wishing Lieutenant Costa well in his retirement this prestigious designation. tained that private reputation throughout his and thank him for all his years of service. By developing community programs includ- life. f ing self defense classes, home safety inspec- James Griffin Boswell served as Chairman, HONORING ST. PAUL INDUSTRIAL tions, an unused prescription drug disposal President and CEO of the JG Boswell Co. program, investing in defibrillator equipment TRAINING SCHOOL AND MR. from 1952 and continued until his retirement in and training, and establishing a Community JAMES WILLIAM SMOTHERS AND 1984. After his retirement James continued to Emergency Response Team; the Village of MRS. ALICE OLENZA SMOTHERS Itasca has worked to engage its citizens, first serve on the Boswell Company Board of Di- responders, and local leaders in making Itasca rectors until his passing. In addition, Mr. Bos- HON. EDDIE BERNICE JOHNSON a healthier, safer place to live and work. well served on the Boards of Safeway, Gen- OF TEXAS Madam Speaker and Distinguished Col- eral Electric, Security Pacific Bank, Bank of IN THE HOUSE OF REPRESENTATIVES leagues, please join me in recognizing the Vil- America, and Up with People. James was a Thursday, April 23, 2009 lage of Itasca for achieving this challenging trustee of the California Nature Conservancy, goal and setting an outstanding example for Cal Tech, Thacher School, the James G. Bos- Ms. EDDIE BERNICE JOHNSON of Texas. all Illinois communities to work together to well Foundation in California and the Boswell Madam Speaker, I rise today to recognize St. Paul Industrial Training School and the dedi- tackle public health and safety challenges. Family Foundation in Idaho. Many were the f cation of a Texas State Historical Marker in recipients of Mr. Boswell’s generosity. commemoration of this institute. A TRIBUTE TO THE LIFE OF It goes without saying that Mr. James Griffin St. Paul Industrial Training school was JAMES GRIFFIN BOSWELL II Boswell’s dedicated involvement to the cotton founded in Henderson County, Texas by industry earned him a reputation of respect James William Smothers and Alice Olenza HON. JIM COSTA and enormous appreciation from Central Val- Smothers in the 1920’s. This couple placed a OF CALIFORNIA ley cotton farmers, and the agriculture industry particular emphasis on educating orphaned IN THE HOUSE OF REPRESENTATIVES in general. James was known as the Cotton and abandoned children, and throughout the course of six decades, thousands of African King. My colleagues and I are honored and Thursday, April 23, 2009 American students received instruction at their Mr. COSTA. Madam Speaker, I rise today humbled to join his family today in celebrating institute. The Smothers’ dedication to service along with my colleagues from the House, Mr. the life of this amazing man. His presence will was unwavering, and even when a tornado NUNES and Mr. RADANOVICH, and from the be dearly missed in our community in the leveled the campus in 1942, the couple re- Senate, Mrs. FEINSTEIN to pay a special tribute years to come. solved anew to continue their work. Today, St. to the life of an agricultural icon of California, Paul Industrial Training School, Inc. continues

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.003 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E949 the legacy of this couple and their school by the people and countries for whom he always Health (NIH) estimates that between 14 and offering financial assistance to needy, college cared. 23.5 million Americans have an autoimmune bound students. After graduating from the University of Cali- disease and the prevalence is rising. Seventy- Institutions of this nature played an impor- fornia at Santa Cruz, Stephen became im- five percent of those afflicted are women with tant role in our nation’s history, and the work mersed in work for the United States Agency most cases occurring during the childbearing of educators like the Smotherses was integral for International Development (USAID). In his years. The chronic nature of these diseases in advancing the civil rights movement. They role at USAID, Stephen spent more than twen- accounts for its incredible cost to the individual worked diligently to make sure that every child ty years working the issues of developing and staggering drain on our nation’s had the opportunity to learn and succeed, and countries. He held numerous Country Director healthcare resources. The National Institutes they felt that it was vital to ensure these and Chief of Party assignments with USAID of Health estimates that annual direct health youths had the ability to make a lasting con- contractors and directed the USAID Mission care costs for autoimmune disease are in the tribution to society. experience. He served as the Senior Eco- range of $100 billion. The placement of this historical marker will nomic Development Advisor for USAID in Autoimmune diseases encompass more take place on May 2, 2009, and I ask my fel- Timor-Leste, where he managed USAID’s eco- than 100 interrelated diseases, such as lupus, low colleagues to join me in recognizing St. nomic growth team. Earlier, he served two multiple sclerosis, rheumatoid arthritis, Paul Industrial Training School and its found- years as the Executive Director of the Soros Sjogren’s syndrome, polymyositis, pemphigus, ers, Mr. J. W. Smothers and Mrs. Alice 0. Foundation in Mongolia. While there, he myasthenia gravis, Wegener’s granulomatosis, Smothers. spearheaded the foundation’s transformation psoriasis, celiac disease, autoimmune platelet disorders, scleroderma, alopecia areata, vit- f from a grant-making organization with more than 20 programs and 500 projects to an inde- iligo, autoimmune thyroid disease, and sar- HONORING THE ROSELLE LIONS pendent, non-partisan center for policy re- coidosis. Basic research into the mechanism that drives the autoimmune response is the CLUB search and analysis and a platform for citizen fundamental knowledge needed to cure many participation and advocacy. Stephen designed of these diseases. and developed new projects in enterprise de- HON. PETER J. ROSKAM This legislation will increase awareness of velopment, trade diversification, foreign invest- OF ILLINOIS autoimmune diseases, increase research on ment promotion, rural and agricultural finance IN THE HOUSE OF REPRESENTATIVES environmental triggers of autoimmune dis- and agricultural development. Thursday, April 23, 2009 eases, enhance education on the relationship Stephen’s years of work reflected his desire between autoimmune and mental illness, and Mr. ROSKAM. Madam Speaker, I rise today to improve living situations and stimulate eco- provide loan repayment for physician research to recognize the 75th anniversary of the Ro- nomic growth and self-sufficiency in devel- on autoimmune disease. This support will help selle Lions Club in my Congressional District. oping countries. Though he sought to create a alleviate the suffering of millions of Americans, On April 26, 2009, the Roselle Lions will mark more perfect, peaceful world, Stephen’s life who suffer every day with the symptoms of more than 75 years of dedicated community was lost at the hands of gunmen in Pakistan. these diseases, many times unable to fully service. At the time of his assassination, he was work- participate in their work and family life as a re- Through the years, the Lions Club has been ing for Cooperative Housing Federation Inter- sult. instrumental in aiding those with hearing and national. There he directed ‘‘Livelihoods For these reasons, I urge you to give full vision impairments by providing members of Project’’ in the FATA region, a program in- consideration of this bill as quickly s possible. tended to infuse $750 million in economic de- the local community in need with hearing aids, f glasses, and support groups. velopment into the area. With local events like The Lions Carnival, Stephen was loved by many; his upbeat and ARMENIAN GENOCIDE National Night Out, and the Children’s Christ- optimistic attitude, as well as his zealous and mas Party, the Lions Club has raised funds for vivacious approach to dealing with situations HON. TIMOTHY J. WALZ these worthy causes and provided a fun and made him always a pleasure to be around. His OF MINNESOTA humanitarian efforts gained him the respect safe environment for families to spend time to- IN THE HOUSE OF REPRESENTATIVES gether. The extent of the Roselle Lions’ dedi- and friendship of people all over the world; his Thursday, April 23, 2009 cation and generosity can be seen in the zest for life and creative nature made him a countless library, school, and civic projects person who will not soon be forgotten. Mr. WALZ. I rise in sadness today and also they have supported financially, and with their The City of Santa Cruz and the rest of the in hope, as we commemorate the Armenian time and energy. world will miss Stephen’s vision and leader- genocide that happened in the second decade Madam Speaker and Distinguished Col- ship, but there is no doubt that he has left us of the twentieth century. leagues, the Roselle Lions Club has worked a better place than when he first arrived. There is nothing easier than to forget the tirelessly to make their local community a bet- Madam Speaker, on behalf of the United victims of history, and nothing more tragic, ter place to live, work and raise a family. They States of Congress, I would like to honor the and for those very reasons, there is nothing have brought compassion to those in need many accomplishments of Stephen Vance and more important than to remember them. And and been a tremendous asset to the citizens express sincere gratitude for his contributions that is what we are here for. of Roselle. locally and internationally. The genocide of the Armenian people is a fact of history. It is a sad fact of history. Please join me in recognizing the impres- f sive work of the Roselle Lions Club, and wish- But the very fact that we are here, together ing them every success in their next 75 years PREVENTION, AWARENESS, AND in the U.S. House of Representatives address- ing the issue is reason for hope. Armenians’ of fellowship and service. RESEARCH AUTOIMMUNE DIS- EASE (PARAID) ACT determination to carry on, and in the United f States’ historic support for them, and in our IN HONOR OF STEPHEN VANCE joined determination to make sure that we rec- HON. PATRICK J. KENNEDY ognize the facts of history—there is great hu- OF RHODE ISLAND manity and hope. HON. SAM FARR IN THE HOUSE OF REPRESENTATIVES I remain committed to the public recognition OF CALIFORNIA Thursday, April 23, 2009 of the fact of the Armenian genocide. It is the IN THE HOUSE OF REPRESENTATIVES only way to make sure we are forever vigilant Mr. KENNEDY. Madam Speaker, today, I to prevent genocide in the future. Thursday, April 23, 2009 am introducing along with my colleague Rep- I have hope, that we can all move forward, Mr. FARR. Madam Speaker, I rise today to resentative CLIFF STEARNS, the Prevention, not in an exercise in collective guilt, but in the honor the life of an invaluable member of the Awareness, and Research Autoimmune Dis- simple recognition of what happened, that a Santa Cruz community, and his humanitarian ease (PARAID) Act. genocide was perpetrated upon the Armenian efforts all over the world. After decades of I am introducing this legislation to address people, and that such a thing, quite simply, service and devotion to aiding developing the critical issue of autoimmune diseases in never should have happened and must never countries, Stephen Vance lost his life serving our population. The National Institutes of happen again.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.007 E23APPT1 jbell on PROD1PC69 with REMARKS E950 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 HONORING BOY SCOUT TROOP 457 IN HONOR OF THE MONTEREY Washington Bureau Chief Bill Adair and his OF MIAMI, FL MUSEUM OF ART team won the only Pulitzer Prize awarded this year by for content cre- HON. ILEANA ROS-LEHTINEN HON. SAM FARR ated for the web. They earned the honor in OF CALIFORNIA the National Reporting category for PolitiFact, OF FLORIDA IN THE HOUSE OF REPRESENTATIVES a website at www.politifact.com conceived by IN THE HOUSE OF REPRESENTATIVES Bill Adair to test the validity of political state- Thursday, April 23, 2009 Thursday, April 23, 2009 ments. Mr. FARR. Madam Speaker, I rise today to Times Staff Writer Lane DeGregory won the Ms. ROS-LEHTINEN. Madam Speaker, I honor the Monterey Museum of Art for their second Pulitzer Prize for Feature Writing for would like to congratulate and commend fifty years of service dedicated to the steward- her story ‘‘The Girl in the Window’’, which is Troop 457 of Boy Scouts of America in my ship and celebration of the artistic legacy of about a Plant City child who was locked in her district of South Florida. On Saturday, April 25, the Monterey Peninsula. On behalf of the room by her adoptive parents. 2009, the troop will conduct their Court of whole House, I am honored to extend to the This is a great honor for Paul Tash, the Edi- Honor, honoring 13 of their own with the most Monterey Museum of Art the gratitude of the tor, Chairman, and Chief Executive Officer of prestigious rank of Eagle Scout. Congress and the American people for their The St. Petersburg Times and his team of Boy Scouts of America is a tremendous or- past and future service. writers, editors, and support staff in this the ganization that my husband, Dexter, and I Monterey County, in Central California, is a newspaper’s 125th year. have continuously supported. With Dexter region that has inspired artists since the late Madam Speaker, following my remarks, I being a Eagle Scout, and me previously serv- 1800s. Artists flocked to the area, which was will include for the benefit of my colleagues a ing as a Girl Scout Troop Leader, we fully un- then and still is a region of pristine beauty. story from the Times by Stephen Nohlgren derstand and appreciate all of the hard work They brought with them the tradition of plein with more background on these awards and and dedication invested into achieving the air painting, still in evidence today with artists the six Pulitzer Prizes earned previously by St. highest rank of Eagle Scout. painting the land and seascapes of ‘‘the great- Petersburg Times reporters and editors. These 13 young men have distinguished est meeting of land and sea.’’ The creation of PolitiFact will be of special themselves in the South Florida community as The Monterey Museum of Art was founded interest to our colleagues in the House. The leaders of tomorrow through their countless in 1959 in Carmel as a Chapter of the Amer- PolitiFact team, led by Bill Adair, included edi- hours of service toward improving South Flor- ican Federation of the Arts by a group of civic tors Scott Montgomery and Amy Hollyfield, re- ida. It is with great honor that I ask that the minded individuals who sought to create an porter and researcher Angie Drobnic Holan, names of these 13 individuals be submitted arts space for that seminal arts colony. In ad- reporters Robert Farley and Alexander Lane, into the CONGRESSIONAL RECORD. dition to celebrating pioneers of early Cali- news technologist Matthew Waite and de- William David Cochran, Kenneth Lewis fornia art such as Armin Hansen, the museum signer Martin Frobisher. Baer, James Phillip Baer, Joshua Rothenberg, collects and exhibits contemporary photog- Together they searched through political Michael Thomas Dannelly, Leo Benjamin raphy by such renowned artists as Ansel ads, speeches and debates and determined Kaplowitz, Wade Morgan Judy, Timothy Adams, Edward Weston, and Imogen the accuracy of political statements by presi- Young Hunter, David Benjamin Shapiro, Alex- Cunningham, contemporary artists working lo- dential candidates and candidates for other of- ander Pergakis, Jonathan A. Muench, Jona- cally, in California and nationally. fices. The information is accessible and than O. Lopez, Gabriel Cespedes. Now comprising two locations, after the be- searchable on the internet and is also pub- quest of an historic adobe in the early 1980’s lished in the Times. PolitiFact became such a f by Frank Work, the museum serves nearly valuable source of information during last fall’s 40,000 visitors annually from around the campaign season that it was quoted regularly OBSERVANCE OF THE ARMENIAN world, including thousands of local school- by national news organizations. GENOCIDE children. The museum is reaching out to fami- Madam Speaker, Please join me in con- lies and children with new activities and pro- gratulating Lane DeGregory, Bill Adair, and his HON. MICHAEL E. CAPUANO grams geared to inspire a passion for the vis- team for a job well done in earning journal- ual arts in accordance with their mission. ism’s highest honor this week. They have set OF MASSACHUSETTS The mission of the Monterey Museum of Art the standard for human interest and political IN THE HOUSE OF REPRESENTATIVES is to collect, preserve, and interpret the art of reporting as judged by the peers in their field Thursday, April 23, 2009 California from the nineteenth century to the of work. present day, within a national and international [From the St. Petersburg Times, Apr. 21, Mr. CAPUANO. Madam Speaker, I rise in context. In this way, they expand the apprecia- 2009] sorrow and in solidarity with Armenians, with tion of their evolving artistic legacy and inspire TIMES WINS 2 PULITZERS our fellow citizens of Armenian descent, and a passion for the visual arts. We look forward (By Stephen Nohlgren), The St. Petersburg with all men and women of good will to recall to the next fifty years of their endeavors in this Times, April 21, 2009 the atrocities Armenians suffered in the early area. For the first time in its 125-year history, years of the last century. Contemporary ac- Madam Speaker, I want to hold up the Mon- the St. Petersburg Times has won two Pul- counts leave no doubt that indiscriminate mas- terey Museum of Art as a model museum and itzer Prizes in a single year. sacres took place. Staff writer Lane DeGregory, 42, captured cultural institution, an expression of what the feature writing category for ‘‘The Girl in I understand that this topic evokes painful makes our nation a worldwide leader in arts memories and raises difficult issues of national the Window,’’ a moving account of a Plant unique to our land. May their continued suc- City child whose mother kept her locked in identity for persons of both Armenian and cess inspire many more generations to cele- a filthy room, and the adoptive family who Turkish ancestry. Nonetheless, I believe that brate our nation’s artistic heritage and partici- worked to overcome her feral beginnings. we must call genocide by its proper name and pate in its future. The Times staff won the national reporting acknowledge it when it has occurred so that prize for PolitiFact, a Web site, database and f we may better learn to recognize and resist its ‘‘Truth-O-Meter’’ that tests the validity of horrors in the future. That includes recognizing ST. PETERSBURG TIMES EARNS political statements. the policies of the Ottoman Empire during TWO PULITZER PRIZES FOR That award reflected the growing influence of online media in public affairs. PolitiFact World War I and its aftermath as genocidal. JOURNALISM was designed for the Web at politifact.com, International response to genocide has his- though its content also appears regularly in torically been inadequate at best, and we must HON. C. W. BILL YOUNG the Times’ print edition. The two awards are ‘‘so representative of do all we can to strengthen our resolve to pre- OF FLORIDA our organization as a team, of the skill we vent and punish such atrocities. Moreover, I IN THE HOUSE OF REPRESENTATIVES believe that nations can move forward in fel- bring to work every day,’’ Executive Editor lowship when the past is confronted with hon- Thursday, April 23, 2009 Neil Brown told the newsroom staff Monday amid cheers and popping champagne corks. esty and courage. I hope to see the republics Mr. YOUNG of Florida. Madam Speaker, Like newspapers all over the country, the of Armenia and Turkey cooperate and jointly The St. Petersburg Times earned a rare honor Times is navigating tough economic times, contribute to the stability of their troubled re- Monday by collecting multiple Pulitzer Prizes Brown said, but ‘‘this is old-fashioned jour- gion. for journalism excellence. nalism, great reporting and great writing.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.010 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E951 Nothing has changed about that. This is ‘‘This is such a terrible time for news- urging the President to ensure U.S. foreign what we do.’’ papers, and I think our winning today is a policy reflects an understanding of the human The Pulitzers, awarded by Columbia Uni- sign that the Web is not a death sentence for suffering relating to this genocide. I appreciate versity, are widely regarded as journalism’s newspapers,’’ Adair said. ‘‘We need to look at highest accolade. The only other newspaper it as an opportunity.’’ the efforts of the International Association of to win more than one prize in this year’s 14 For the first time this year, the Pulitzer Genocide Scholars, which recently appealed categories was the New York Times, with board invited entries in all categories from to President Barack Obama requesting that he five. Web-only news operations. The Times won remain true to his previous statements and, as The St. Petersburg Times previously had the only prize for content created for the President, recognize the Armenian Genocide won six Pulitzers, its most recent coming in Web. as, ‘‘a widely documented fact supported by 1998. Editor, chairman and CEO Paul Tash an overwhelming body of historical evidence.’’ Though Columbia tries to keep results capped off Monday’s newsroom toasts by re- under wraps until one nationwide announce- calling longtime owner Nelson Poynter, who Madam Speaker, the United States serves ment, reporters and secrets don’t mix well. willed the Times to a not-for-profit jour- as an example to the world of what can be By lunchtime Monday, grins, hugs and ex- nalism institute so that public service, not achieved when basic human rights are pro- cited whispers spread through the newsroom. profits, would drive the newspaper’s cor- tected and nurtured. It is in this role that we A few minutes before the 3 p.m. announce- porate culture. must recognize this methodic extermination of ment, staffers congregated around one com- ‘‘Here’s to a little guy, in a bow tie, who over one million Armenians during World War puter to await the Associated Press bulletin came from Indiana,’’ Tash said. ‘‘He gave us I. Moreover, I believe that through appropriate together. the chance, and today our colleagues have After congratulations died down, vindicated his confidence.’’ recognition, we can work to ensure that atroc- DeGregory told her colleagues she was work- Pulitzer Prizes at the St. Petersburg Times ities such as the Armenian Genocide are re- ing at the Virginian-Pilot 10 years ago, when and Evening Independent membered, and not relived. she read ‘‘Angels & Demons,’’ a Pulitzer-win- 1998: Thomas French, feature writing, for ning series by then-Times reporter Thomas ‘‘Angels & Demons,’’ his narrative portrait f French about the murders of an Ohio woman of an Ohio mother and two daughters slain and her two daughters in Florida. on a Florida vacation, and the three-year in- RECOGNIZING THE SERVICE OF ‘‘I thought, ‘Oh my God, there’s a news- quiry into their murders. AMERICAN CANCER SOCIETY paper that publishes real stories like that?’ ’’ 1995: Jeffrey Good, editorial writing, for VOLUNTEER BOB WILLIAMS When she was hired at the Times in 2000, ‘‘Final Indignities,’’ his editorial campaign DeGregory said, ‘‘I thought it couldn’t get urging reform of Florida’s probate system any better than working at this place and for settling estates. working with these people. But today it got 1991: Sheryl James, feature writing, for ‘‘A HON. BRIAN HIGGINS a little better.’’ Gift Abandoned,’’ a series about a mother OF NEW YORK ‘‘The Girl in the Window’’ was published who abandoned her newborn child and how it last August, with photos by Melissa Lyttle. affected her life and the lives of others. IN THE HOUSE OF REPRESENTATIVES Danielle was 7 when neighbors spotted her 1985: and Jack Reed, inves- Thursday, April 23, 2009 face through a broken window of her home. tigative reporting, for their reporting on Detectives found her in diapers, her skeletal Pasco County Sheriff John Short, which re- Mr. HIGGINS. Madam Speaker, I rise today, body raw from bug bites. vealed his department’s troubles and led to She couldn’t speak. during National Volunteer Week, to recognize his removal from office by voters. Bob Williams, a man who has gone above and A Fort Myers family adopted her, and 1980: Bette Swenson Orsini and Charles DeGregory chronicled their efforts to draw Stafford, national reporting, for their inves- beyond in the call to serve his community and her from her silent shell. tigation of the Church of Scientology. fellow American. Within a month of publication, more than 1964: Times staff, public service, for the in- 1 million people read the story online. Calls I first met Bob and learned of his story when vestigation of the Florida Turnpike Author- to authorities from Tampa Bay residents he visited my office in his role as the Amer- ity, which disclosed widespread illegal acts wanting to adopt foster children jumped 33 ican Cancer Society’s Ambassador for New and resulted in a major reorganization of the percent. York’s 27th Congressional District. state’s road construction program. Times staff writer John Barry was a Pul- Bob, a cancer survivor himself, does not f itzer finalist in the feature category for simply advocate on the fight against cancer, ‘‘Winter’s Tale,’’ an account of a dolphin with a prosthetic tail and a disabled girl who RECOGNIZING THE ARMENIAN he lives it. befriended it. GENOCIDE Bob is a volunteer with the American Can- PolitiFact was conceived by Washington cer Society’s ‘‘Road to Recovery’’ program bureau chief Bill Adair during the runup to HON. MICHELE BACHMANN which links patients in need of transportation the 2008 presidential election. to cancer treatments with volunteers willing to Adair, 47, felt frustrated in earlier cam- OF MINNESOTA paigns by a lack of time and resources to IN THE HOUSE OF REPRESENTATIVES donate their time and the use of their car to provide free transportation. fact-check political rhetoric. Thursday, April 23, 2009 ‘‘We had neglected this aspect of reporting With remarkable devotion and an over- too long,’’ said Adair, a 20-year Times vet- Mrs. BACHMANN. Madam Speaker, I be- flowing heart Bob has made trip after trip— eran. ‘‘With the Web, we had the tools to do lieve it is important that we all remember the well over 500 in total—providing patients with reporting better and the tools to be able to past, whether it relates to people’s positive ac- comfort and companionship as they drive the publish in new ways.’’ tions or their negative. The saying that those With the green light from Times’ brass, over 120 mile round trip route between Chau- Adair skipped traditional campaign coverage who do not know their past are doomed to re- tauqua County and Roswell Park Cancer Insti- and worked full time on PolitiFact. peat it holds much truth. For that reason, tute. today I rise to recognize a tragic event in The PolitiFact team included editors Scott Quickly the miles added up and with more human history that resulted in the loss of the Montgomery and Amy Hollyfield, reporter than 100,000 miles under his belt Bob recently and researcher Angie Drobnic Holan, report- lives of nearly 1.5 million Armenians during rightfully earned the title American Cancer So- ers Robert Farley and Alexander Lane, news World War I. ciety Western New York Volunteer of the year. technologist Matthew Waite and designer On April 24, 1915, the then-Ottoman Empire Martin Frobisher. began the systematic execution of Armenians, Through the ‘‘Road to Recovery’’ program The team combed through political ads, an event now known as the Armenian Geno- Bob has provided transportation to over 1,600 speeches and debates, and summarized the people, relieving patients of the fight to find a findings on a ‘‘Truth-O-Meter,’’ which la- cide. While a large number of Armenians were beled statements as True, Mostly True, Half killed outright, many others suffered and died ride to treatment and allowing them to focus True, Barely True, False or Pants on Fire. of starvation and diseases which spread on the fight against the disease. A searchable database kept the rulings ac- through their concentration camps. By 1923, Madam Speaker, thank you for this oppor- cessible. the entire Armenian population previously in- tunity to honor Bob Williams, a man who with Soon other media outlets were quoting habiting the landmass of Asia Minor and West humility and compassion has set an example PolitiFact as an authority on public dis- Armenia had been eliminated. for us all on the enormous difference one per- course, and Adair was appearing on CNN and National Public Radio. As a Member of Congress, I have joined son can make. Bob’s volunteerism is admi- About 95 percent of the Web site’s hits with nearly one hundred of my colleagues in rable and inspiring and I am pleased to ac- come from outside the Tampa Bay area and support of legislation affirming the United knowledge his many contributions this Volun- 10 percent from outside the United States. States record on the Armenian Genocide and teer Week.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\K23AP8.005 E23APPT1 jbell on PROD1PC69 with REMARKS E952 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 CELEBRATING THE CAREER OF TO COMMEMORATE THE 150TH AN- medical and research center, one billion dollar ROSIE SEAMAN NIVERSARY OF FIRST RE- annual budget, and the most employees in the FORMED CHURCH IN GRAND- Greater Cincinnati area. VILLE, MICHIGAN Away from the University, President HON. JO BONNER Zimpher has given her time and talents to nu- merous civic causes, including serving on the OF ALABAMA HON. VERNON J. EHLERS OF MICHIGAN boards of the Cincinnati USA Regional Cham- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ber of Commerce, Cincinnati Center City De- velopment, United Way of Greater Cincinnati, Thursday, April 23, 2009 Thursday, April 23, 2009 and many others. As a proud graduate of the University of Mr. BONNER. Madam Speaker, it is with Mr. EHLERS. Madam Speaker, it is my dis- tinct pleasure to rise today in commemoration Cincinnati and a faithful Bearcat, it is with a both pride and pleasure that I rise today to of the 150th Anniversary of the First Reformed heavy heart that I congratulate Dr. Zimpher on honor the career of beloved television host, Church of Grandville, Michigan. On Sunday, her new and exciting opportunity as chancellor author and community leader, Rosie Seaman. April 19, 2009, a commemorative worship of the State University of New York. The Cin- A former preschool and kindergarten teach- service and celebration will memorialize this cinnati region and most importantly the Univer- er, Rosie joined Mobile’s WKRG-TV5 in 1974 extraordinary milestone, and it is a privilege to sity of Cincinnati are better off today due to as the host of ‘‘Rosie’s Place,’’ a locally-pro- recognize and honor Reverend Christopher President Zimpher’s dedication and leader- duced, weekly half-hour show for school-age Wolf and the congregation of this remarkable ship. Good luck Dr. Zimpher, you will be children. For almost ten years, families across church for the model of Christian service and missed. the beacon of hope they have offered to the the central Gulf Coast welcomed Rosie into f Grandville community over the past 150 years. their homes. In 1976, ‘‘Rosie’s Place’’ won the From the first service on April 13, 1859 up EARMARK DECLARATION Alabama Arts and Humanities Award for best until today, First Reformed has faithfully TV series in the state. served The Lord, the residents of Grandville, HON. FRANK R. WOLF Rosie later went on to produce other chil- and the world through its ministries, involve- OF VIRGINIA dren’s programming at WKRG, including ment in the community, and missionary out- IN THE HOUSE OF REPRESENTATIVES ‘‘Small Fry News’’ and ‘‘Youth Magazine.’’ reach. The commemoration of First Thursday, April 23, 2009 Reformed’s sesquicentennial anniversary dur- Mr. WOLF. Madam Speaker, pursuant to Rosie has worn many hats over the course ing the April 19 service is the highlight of a the Republican guidelines on earmarks, I sub- of her 35 year career with Mobile’s CBS affil- year-long celebration of spiritual, historic and mit the following statement for the record re- iate. She was the producer of the public affairs community events. garding H.R. 1105, the Fiscal Year 2009 Om- program, ‘‘Page 5,’’ associate producer for the This remarkable anniversary reminds all of nibus Appropriations Act. ‘‘We Are Mobile’’ tri-centennial movie project, us that wonderful things do happen when we Requesting Member: The Hon. FRANK R. seek to serve and glorify God. Reflecting on and producer for WKRG’s morning and noon WOLF news programs. Most recently, she served as the journey experienced by the congregants of Bill Number: H.R. 1105 segment producer at WKRG, booking guests First Reformed over the last 150 years, it is Provision: State and Local Law Enforcement for the station’s news and public affairs pro- appropriate to reaffirm and strengthen our own Assistance, Byrne Justice Assistance Grant faith, acknowledge the blessings bestowed grams. Legal Name of Requesting Entity: Northern upon us, and recognize the call to reach out Virginia Regional Gang Task Force Through her work at WKRG, Rosie ensured to others and share God’s love. Address of Requesting Entity: One Park that civic leaders and organizations had fre- I am proud to represent the people who call Center Court, Manassas Park, VA, 20111 quent access to the airwaves. She helped or- First Reformed their church home, and am Description of Request: In response to in- ganizations including the United Way, the grateful to this congregation for their Christ- creasing gang activity in northern Virginia, a American Cancer Society, the Salvation Army like example. I am honored to extend my best multi-jurisdictional law enforcement task force and the Child Advocacy Center reach out to wishes on this sesquicentennial occasion, and was established in 2003 to more effectively re- viewers through the station’s public affairs and look forward to their service and ministry to spond to gang activity. As a result of the task the people of Grandville for many more years. talk segments on news shows. force’s efforts, criminal gang activity has de- f clined by more than 50 percent. In order to Rosie was also the author of several nation- sustain and maintain these impressive results, HONORING DR. NANCY ZIMPHER ally published educational books, which the task force requested $2.5 million in fund- ranged in topic from arts and sciences to the ing, which is included in H.R. 1105. teaching of moral values to young children. HON. JEAN SCHMIDT Requesting Member: The Hon. FRANK R. Mobile’s Drug Education Council recently pub- OF OHIO WOLF lished one of Rosie’s books on drug aware- IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 1105 ness for young children. Thursday, April 23, 2009 Provision: State and Local Law Enforcement Assistance, Byrne Justice Assistance Grant In recognition of her remarkable accomplish- Mrs. SCHMIDT. Madam Speaker, I rise Legal Name of Requesting Entity: Northwest ments, The Press Club of Mobile awarded today to honor Dr. Nancy Zimpher, President Virginia Regional Gang Task Force Rosie its 2004 John Harris Lifetime Achieve- of the University of Cincinnati for her tremen- Address of Requesting Entity: P.O. Box 49, ment Award. dous dedication to higher education. Unfortu- Berryville, VA, 22611 nately, President Zimpher will be departing us Description of Request: In response to in- Madam Speaker, I ask my colleagues to join to become the new chancellor of the State creasing gang activity in the Shenandoah Val- me in recognizing a dedicated community University of New York on June 1. They will ley, this task force was established to coordi- leader and friend to many throughout Ala- be blessed to have her. nate and share information with their counter- bama. On behalf of all those who have bene- A native Ohioan, President Zimpher became parts at the Northern Virginia Regional Gang fited from her good heart and generous spirit, the University of Cincinnati’s 25th president Task Force. According to the Federal Bureau permit me to extend thanks for her many ef- and first woman president in October of 2003. of Investigation, the entire northern Virginia re- forts in making Mobile and south Alabama a From the beginning, President Zimpher gion is a hotbed of gang activity. In order to better place. Rosie Seaman is an outstanding worked tirelessly to raise the University’s pro- better fight gang activity in this area, the task example of the quality of individuals who have file. During her tenure she increased the Uni- force requested $750,000 in funding, which is versity of Cincinnati’s freshman class and total devoted their lives to the field of broadcast included in H.R. 1105. enrollments to new heights, while increasing journalism. Requesting Member: The Hon. FRANK R. retention and graduation rates. The caliber of WOLF On behalf of a grateful community, I wish students and educators at the University of Bill Number: H.R. 1105 her the best of luck in all her future endeav- Cincinnati has never been higher. President Provision: Capital Investment Grants ors. Zimpher’s immense responsibilities have in- Legal Name of Requesting Entity: Dulles cluded managing 16 colleges, an academic Corridor Metrorail Project

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.008 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E953 Address of Requesting Entity: 1 Aviation A LIFE LIVED FOR OTHERS: A George Steil dedicated his life to the service Circle, Washington, D.C. 20001 TRIBUTE TO GEORGE K. STEIL, of others: to his fellow countrymen in the U.S. Description of Request: H.R. 1105 provides SR. Army; to his neighbors—especially those most $29.1 million to be used for extending the Met- vulnerable—in Janesville, Rock County, and rorail system through Tysons Corner to Wash- HON. PAUL RYAN Wisconsin; to his clients, his customers, and ington Dulles International Airport. Northern OF WISCONSIN fellow parishioners; and—most passionately— Virginia continues to be one of the country’s IN THE HOUSE OF REPRESENTATIVES to his friends and his family. To George’s four children: George, Jr. and fastest growing areas, but with that has come Thursday, April 23, 2009 the distinction of being the second worse traf- wife Patricia; John of Janesville; Michelle and Mr. RYAN of Wisconsin. Madam Speaker, I fic congested region in America. Congres- husband Patrick; and Marcelaine and husband rise today to pay tribute to a loving father, sional funding to bring a much needed mass John. Your father will forever be one of grandfather, and great-grandfather, a devoted transit system linking the West Falls Church Janesville’s finest. husband, and a personal friend and mentor. Metro station to Washington Dulles Inter- To his two great-grandchildren and ten George K. Steil, Sr. was a pillar of integrity national Airport was first approved in FY 1999. grandchildren, including my former and future and leadership in the Janesville community staffers Bryan and Allison Steil: your grand- Additional Request: I also requested lan- and the state of Wisconsin. George passed father’s zest for life and selfless commitment guage in this bill that would prohibit the Fed- away less than a month ago at his home in to service provides a guiding light for you to eral Transit Administration (FTA) from reallo- Janesville, but not before leaving an indelible follow for years to come. cating previously appropriated funding for the mark on the countless lives he touched—my- To his wife Mavis: For your unconditional Dulles Corridor Rapid Transit Project. Specifi- self included. He will be sorely missed, but will love and support over the years, I will forever cally, I requested that the funding from FY never, ever, be forgotten. be in debt to you and to your husband. 2002, FY 2003, FY 2004, FY 2005, FY 2006 George was born in Western Wisconsin in My prayers and my eternal gratitude remain and FY 2008 be protected. 1924, and served his nation with honor in with the Steil family. World War II as a sergeant in the U.S. Army f f Amphibious Forces in both New Guinea and the Philippines. Shortly after his return from IN MEMORY OF ROBERT E. ‘‘BOB’’ HONORING THE MEMORY OF service, George married the beautiful Mavis WHEELER FRANKLIN ROOSEVELT BRACKIN Andrews in 1947 in Darlington, Wisconsin. George is an institution at the University of HON. MIKE ROSS Wisconsin—having received a Doctor of Law OF ARKANSAS HON. JO BONNER Degree from the University of Wisconsin in IN THE HOUSE OF REPRESENTATIVES 1950, been named a lecturer at UW in 1974, OF ALABAMA Thursday, April 23, 2009 and having received the law school’s highest IN THE HOUSE OF REPRESENTATIVES honor—the Alumni Distinguished Service Mr. ROSS. Madam Speaker, I rise today to honor the memory of Robert E. ‘‘Bob’’ Wheel- Thursday, April 23, 2009 Award in 1991. He was appointed by Gov- ernor Tommy Thompson to the UW Board of er of Hot Springs, who passed away on April Mr. BONNER. Madam Speaker, the town of Regents, serving as the Board’s President 16, 2009, at the age of 72. Affectionately Loxley, Alabama, and all of southwest Ala- from 1992–1994, as well as Chairperson of called ‘‘Mister Hot Springs,’’ Bob dedicated his bama recently lost a dear friend, and I rise the UW Medical Foundation and member of life’s work to Hot Springs, the city he loved today to honor Franklin Roosevelt Brackin and the UW Hospital Authority. and the city he called home. pay tribute to his memory. He had among the most illustrious legal ca- Bob was a hard worker and an inspiring reers of any in the State of Wisconsin, serving leader, and it was his vision that helped make Known to his many friends as Frank, he on numerous statewide—and international— Hot Springs the vibrant center of tourism, was a native of Covington, Alabama and lived committees and associations. George was commerce and history that it is today. In re- in Loxley for over three decades. Frank was elected president of the State Bar in 1976, sponse to the city’s struggling economy in the known to everyone in Loxley for riding his bi- and later honored by the Wisconsin Bar Foun- 1980s, Bob was instrumental in passing bond cycle adorned with American flags through dation as the 9th recipient of the Charles L. issues that renovated and expanded the town. He took it upon himself to monitor the Goldberg Distinguished Service Award for his former Hot Springs Convention Auditorium into flags flown on the town’s public property, and outstanding public service as a citizen, an at- the Hot Springs Convention Center, a state-of- he would notify the staff at Town Hall if he torney, and a humanitarian. the-art conference facility that now hosts spotted a problem. His leadership in the community was also groups from across the country. He was also Each day, Frank ate breakfast at the Loxley unparalleled. He has served as President and key in reopening the Magic Springs & Crystal Civic Center with other seniors, and he visited Senior Partner of Brennan, Steil, and Basting Falls amusement park, as well as envisioning the Fire Department, Police Department and in Janesville, having been with the firm from and seeing to completion Summit Arena, merchants along Alabama Highway 59. As 1960 until his death. George had been Presi- which now hosts major concerts and athletic Frank grew older and traffic increased, he dent of Janesville’s Chamber of Commerce; events. began making his daily visits on foot, at which Chairman of the Board of Directors of Bank In an official capacity, Bob served as the time, Loxley police provided him with an or- One in Janesville; and took countless other City Director from 1986 until 2004, when he ange safety vest to make him more visible as leading roles in both the public and private declined to run for re-election. He also served he traveled throughout the community. sector. He had also been recognized for his on the Hot Springs Advertising and Promotion Frank was also a member of the Associa- commitment to the Catholic Church and the Commission for 15 years, being named the tion of Retarded Citizens of Baldwin County Diocese of Madison. George’s commitment to commission’s only ‘‘Commissioner Emeritus’’ (ARCBC). Each year, he and other ARCBC faith was evident in all he did, as his service upon his retirement. members traveled to either Disney World or to God was manifest in his tireless service to Bob was a successful businessman heading Dollywood, which was always a highlight of his others. Wheeler Printing, and he was the motivation year. Frank was also active in the Baldwin His long list of achievements and honors for making Hot Springs the permanent home County Strawberry Festival, serving on the fails to do justice in describing the type of man of the Miss Arkansas Pageant, where he cleanup committee for many years. George Steil was. My father was George’s law served more than 40 years as the state pag- partner, and I had the privilege of getting to eant’s Executive Director. Madam Speaker, I ask my colleagues to join know the Steil family during the formative Realizing the city’s important contributions me in remembering a beloved friend to many years of my life. Because I lost my father at to Arkansas over the years, Bob’s vision in- throughout southwest Alabama. Franklin Roo- a young age, George became a mentor of cluded a city that recognizes and honors its sevelt Brackin will be dearly missed by his mine. He gave me the kind of fatherly guid- past and traditions while embracing change family—his two brothers, his sister, and the ance and encouragement that I so desperately and economic development. Today, as a di- entire town of Loxley—as well as the count- needed as I grew up and faced life’s many rect result of Bob’s efforts, Hot Springs is a less friends he leaves behind. challenges. Unlike any other, I looked to year-round destination for conventions and Our thoughts and prayers are with them all George as a role model, and was blessed to tourists and a thriving community in which to during this difficult time. be taken under his wing. raise a family.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.014 E23APPT1 jbell on PROD1PC69 with REMARKS E954 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 Most importantly. Bob inspired a new gen- 20 years each on active duty before retiring join me in praising his accomplishments and eration of leaders in Hot Springs all of whom from their respective branches. At three dif- extending thanks for his service over the years embraced his vision and shared his infectious ferent times between 1942 and 1968, there on behalf of the city of Mobile and the state energy and passion that will carry the city well were five Sexton brothers wearing the Uniform of Alabama. into the 21st century. of the United States Armed Forces at the Chandler will surely enjoy the well deserved Unfortunately. Bob lost his long battle with same time. time he now has to spend with family and Alzheimer’s disease last week. Though he is f loved ones. On behalf of a grateful commu- no longer with us and will be deeply missed, nity, I wish him the best of luck in all his future Bob’s legacy will live on as Hot Springs and CONGRATULATING CHANDLER endeavors. its leaders continue to meet the expectations, BRAMLETT ON THE OCCASION OF f HIS RETIREMENT dreams and goals outlined by the city’s big- INTRODUCTION OF THE gest champion. HONOULIULI INTERNMENT CAMP f HON. JO BONNER SPECIAL RESOURCES STUDY ACT OF ALABAMA HONORING THE SEXTON FAMILY’S OF 2009 IN THE HOUSE OF REPRESENTATIVES SERVICE Thursday, April 23, 2009 HON. MAZIE K. HIRONO HON. JOE WILSON Mr. BONNER. Madam Speaker, it is with OF HAWAII IN THE HOUSE OF REPRESENTATIVES OF SOUTH CAROLINA great pride and pleasure that I rise to honor IN THE HOUSE OF REPRESENTATIVES the long and distinguished career of Chandler Thursday, April 23, 2009 Bramlett, on the occasion of his retirement Thursday, April 23, 2009 Ms. HIRONO. Madam speaker, I rise today from Infirmary Health System. to introduce a bill to authorize a special re- Mr. WILSON of South Carolina. Madam With a career spanning over 40 years, sources study of the World War II-era Speaker, I wish to take this opportunity to rec- Chandler has served in administrative posi- Honouliuli Internment Camp site in the State ognize and honor the service and sacrifice of tions in healthcare facilities in Florida, Geor- of Hawaii. the Sexton family. Thirteen Sextons have gia, Mississippi, and Alabama. Unlike much of the mainland United States, served bravely in our Armed Forces since A native of Mobile and graduate of Murphy Japanese Americans in Hawaii were not sub- World War II—several having served on the High School, Chandler received a Bachelor of jected to the mass roundups experienced by front lines in both the Atlantic and Pacific The- Science degree in Chemistry from the Univer- Americans of Japanese ancestry who lived on atres. This tradition of service and dedication sity of Alabama in 1964 and an M.B.A. and the West Coast of the U.S. mainland. Execu- to the United States of America has earned Certificate in Hospital Administration from the tive Order 9066, which called for removal of them due recognition and appreciation. I sub- University of Florida in 1996. Japanese Americans from restricted areas, mit their names here for the RECORD: After graduation and before his induction was not enforced to the same degree in Ha- Hugo ‘‘Doc’’ Sexton—served with U.S. into military service, Chandler served as an waii. Forcing all of Hawaii’s Japanese Amer- Navy—WWII Veteran (1908–1982); administrative assistant with Baptist Hospital in ican population into camps was simply not James Edward ‘‘Tad’’ Sexton—served with Pensacola, Florida. Later that same year, he practical as they made up some 40 percent of U.S. Army (1911–1945); joined the U.S. Public Health Service Office in the population at the time. Harbon ‘‘Whitey’’ Sexton—served with the Atlanta where he worked as a health services Executive Order 9066 put Hawaii under 30th Infantry Division; killed in action in France officer at the Division of Medical Care Admin- martial law. Interestingly, even before the at- (1915–1944); istration Regional Office. Two years later, he tack on Pearl Harbor, the FBI had a ‘‘custodial Joseph Howard ‘‘Tut’’ Sexton—served with was named vice president of the North Mis- detention list’’ of 337 people in Hawaii marked 1st Infantry Division—WWII Veteran (1918– sissippi Medical Center in Tupelo, Mississippi. for arrest if America went to war with Japan. 1983); In 1972, Chandler returned to Alabama as the On December 7, 1941, the day Pearl Harbor Jeff Jackson ‘‘Jodie’’ Sexton—served with administrator of Jackson County Hospital and was attacked, the FBI and the Army ordered 90th Infantry Division—WWII Veteran (1920– Nursing Home in Scottsboro. the internment of everyone on the ‘‘custodial 2003); Chandler joined the Mobile Infirmary in detention list.’’ Willard ‘‘Pistol’’ Sexton—served with 1106th 1976, initially as administrator of its Rotary Most of these initial internees were ‘‘con- Combat Engineers—WWII Veteran (1922– Rehabilitation Hospital. In 1978, he was sular agents,’’ persons who worked on a vol- 2009); named executive vice president. Five years unteer basis to assist other Japanese in filling Elurd Preston ‘‘Pete’’ Sexton—served with later, he became president/chief executive offi- out reports of birth, marriage, and death to be U.S. Navy—WWII Veteran; cer of Infirmary Health System, which today is sent back to the emigrants’ original villages in John Daniel Sexton—U.S. Air Force Veteran the largest integrated healthcare delivery sys- Japan. Many of these volunteer ‘‘consular (1930– 2008); tem in the Central Gulf Coast Region. agents’’ were long-time residents of Hawaii but Jim Sherman Sexton—retired from the U.S. Today, the Infirmary Health System is the were not citizens because they were not born Air Force; fifth largest private sector employer in the in Hawaii. At the time, Japanese immigrants Ernest Norman ‘‘Snag’’ Sexton—retired from state. It is the parent company of five hospitals were barred from becoming naturalized U.S. the U.S. Air Force; and one nursing home in Mobile and Baldwin citizens on the basis of race. None of these Robert Charles ‘‘Bobo’’ Sexton—retired from Counties with 1,300 licensed beds, including ‘‘consular agents’’ were ever charged with es- the U.S. Army (1937–1991); Mobile Infirmary Medical Center, the largest pionage or sabotage. Shinto and Buddhists Luther Madison ‘‘Luke’’ Sexton—retired from not-for-profit acute care hospital in Alabama. priests, language teachers, and community the U.S. Air Force; Under Chandler’s leadership, the not-for-profit leaders were also rounded up and put in the Jonah Clark ‘‘Buster’’ Sexton—retired from healthcare system was created, a comprehen- camps. the U.S. Air Force. sive partnership with the University of South Honouliuli Internment Camp was the largest Hugo served in the Pacific Theatre. James Alabama’s Mitchell Cancer Institute was devel- and last-closed of the eight detention centers entered the Army but was medically dis- oped, and a scholarship program to train that operated in Hawaii. Honouliuli was also charged shortly after he began service. nurses was created. used as a prisoner of war camp. Each of the Harbon, Joseph, Jeff, and Willard all landed in With more than three decades with the com- major islands had internment facilities for a France as part of the American forces fighting pany, Chandler was the most senior period of time. Some 1,200 Japanese Ameri- in the Atlantic Theatre. Harbon was killed in healthcare executive serving in the state of cans and 100 Americans of Italian or German action near Isigny, France, while the others Alabama at the time of his retirement in De- descent were interned in Hawaii between De- fought throughout Europe until the end of the cember 2008. cember 7, 1941, and September 14, 1945. war. Joseph also landed with the 1st Infantry Madam Speaker, I ask my colleagues to join Many were initially held in Hawaii and then division in North Africa. me in recognizing a dedicated community transferred to internment camps on the U.S. Pete was stationed in the Pacific after join- leader and friend to many throughout Ala- mainland. ing the Navy prior to the end of the war. John bama. I know his family, his wife, Polly; their The story of the internments in Hawaii is not was on active duty just prior to the Korean daughters, Louise, Susanne, Patricia, and well known. Most people in Hawaii are not War. The remaining Sextons, Jim, Ernest, Amanda; his many friends; and past and even aware of this history. Archeological re- Robert, Luther, and Jonah all spent more then present Infirmary Health System employees connaissance surveys of the Honouliuli Camp

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.016 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E955 site have been conducted with the support of HONORING DR. PADMANABHAN host of the station’s long-running radio show, the Japanese Cultural Center of Hawaii, Con- ‘‘DAN’’ MUKUNDAN ‘‘The Gulf Coast Wake-up Party.’’ For years, servation Fund, National Park Service, Na- listeners across the central Gulf Coast tuned tional Trust for Historic Preservation, and the HON. DANNY K. DAVIS in every morning for Ray-Ray to help them University of Hawaii. The landowner, Mon- OF ILLINOIS start their day. He also broadcast Friday night santo, has also been supportive. IN THE HOUSE OF REPRESENTATIVES high school football games for Comcast’s Port The Honouliuli site, which is located in a City 6. gulch in an agricultural area on the island of Thursday, April 23, 2009 However, Ray-Ray’s contributions extended Oahu, still contains many remnants of the Mr. DAVIS of Illinois. Madam Speaker, on far beyond the airwaves. He started the Roll- camp. The special resource study authorized February 5, 2009 the City of Chicago and the ing Reader program, in which disc jockeys by this bill will evaluate the Honouliuli site, as nation lost an inspirational leader in commu- read to elementary school children. In fact, well as associated sites on Oahu and other is- nity health, Dr. Padmanabhan ‘‘Dan’’ Ray-Ray read to Mobile and Baldwin County lands, regarding its significance in the history Mukundan. Dr. Mukundan, or ‘‘Dr. Dan’’ as he classes at least once a week. He also partici- of World War II; in relation to the forcible in- was warmly known, was a pioneering force in pated in a number of charity events. ternment of Japanese Americans, Italian community medicine in Chicago for nearly 40 Madam Speaker, I ask my colleagues to join Americans, and German Americans; and for years. Dr. Dan held a lifelong commitment to me in remembering a dedicated community its physical historic resources. caring for the medically underserved and he leader and friend to many throughout Ala- One of the things I am most proud about believed passionately in providing the highest bama. Ray-Ray Russell was an outstanding America is our willingness to examine painful quality of medical care to all persons regard- example of the quality of individuals who have and often shameful periods of our past. The less of health status or ability to pay. devoted their lives to the field of broadcast experience of Hawaii in relation to Executive Dr. Dan opened his first practice on Chi- journalism, and at the age of 42, he was taken Order 9066 has not really been told before. cago’s South Side in the 1970s, and in the from us too soon. The proposed resource study will provide a early 1990s he joined ACCESS Community On behalf of all those who have benefited map of how we might move forward in pre- Health Network where he served as the Med- from his generous spirit, permit me to extend serving and interpreting the historical record of ical Director. His drive and enthusiasm for thanks for his many efforts in making Mobile this period. quality community health care attracted other and south Alabama a better place. Ray-Ray I urge my colleagues to join me in sup- dedicated medical providers into the field and will be deeply missed by his family—his seven porting this legislation. into ACCESS, which is now the largest com- children and his seven brothers and sisters— munity health center organization in the na- as well as the countless friends he leaves be- f tion. With Dr. Dan’s support, ACCESS has hind. Our thoughts and prayers are with them COMMEMORATING THE LIFE OF grown to operating over 50 health centers all at this difficult time. MICKEY CAFAGNA, MAYOR OF serving over 215,000 patients annually in the f POWAY greater Chicago area. Today, ACCESS is re- garded as a national leader in providing qual- HONORING MITCH KING ity primary and preventive medicine to unin- HON. BRIAN P. BILBRAY sured and underinsured patients. Dr. Dan’s HON. JAMES P. MORAN OF CALIFORNIA work was essential to enabling ACCESS to OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES build a unique community health infrastructure IN THE HOUSE OF REPRESENTATIVES Thursday, April 23, 2009 in the Chicagoland area, an infrastructure le- Thursday, April 23, 2009 veraged through partnerships to provide pa- Mr. BILBRAY. Madam Speaker, I rise today tients access to the specialty, diagnostic and Mr. MORAN of Virginia. I rise to thank and to mourn the passing of one of San Diego inpatient services they require. In addition, he praise Mitch King for his exemplary 36 years Counties most beloved citizens, Mayor Mickey expanded the scope of ACCESS’s program to of public service—a career which has spanned Cafagna. Mayor Cafagna lost his battle to can- include mental health and social services. 11 Postmaster Generals and during which cer on Saturday, April 11, 2009, and I urge my On Saturday, April 25, family, friends, col- mail service has expanded to serve more than colleagues to join me in commemorating the leagues and patients of Dr. Dan will gather to 149 million addresses every day, becoming life of this devoted public servant. remember his life and his accomplishments. I the country’s largest retail network. Mayor Cafagna has had a long history of extend my heartfelt condolences to Dr. Mitch is the epitome of a true public servant: serving San Diego County. In addition to being Mukundan’s family and to those who will gath- he was and is always professional, always a successful businessman, he was elected er in his memory, including Donna Thompson, ready to help with any issue, and always on mayor of Poway, served on the Poway City Linda Shapiro and other members of the AC- the lookout for constructive solutions. It has Council, was chairman of the Regional Solid CESS leadership team. been an honor to benefit from his contributions Waste Association, and represented the city of Dr. Mukundan’s work had an indelible im- both on the House Appropriations Committee Poway on the San Diego Association of Gov- pact on the fabric of health care in Chicago’s and in my District over the years, and it is only ernments (SANDAG) since 1998, serving two underserved communities and today I rise to right that we should honor and salute him for years as Chairman of the Board, where I had recognize, and to direct my colleague’s atten- his more than three decades of service. the privilege to serve with him. tion to, this great Chicagoan. Mr. King is one of several Managers in the A consummate family man, Mayor Cafagna Government Relations Department at the U.S. f is survived by his wife Sharon of 43 years, his Postal Service Headquarters in Washington, two children and five grandchildren, who were HONORING THE MEMORY OF RAY- DC, responsible for Congressional Liaison and the light of his life. Mayor Cafagna was widely RAY RUSSELL legislative activities. He will retire from the known and respected for his goodwill to all, Postal Service on May 1, after 36 years of his ability to bring people together with HON. JO BONNER service. warmth, humility, and good sense of humor. OF ALABAMA During the later part of his career, he man- His accomplishments both personal and public IN THE HOUSE OF REPRESENTATIVES aged Postal Service Congressional Liaison ac- are to be commended and I can say that he tivities for the states of Virginia, Maryland, will be sincerely missed by the people of San Thursday, April 23, 2009 Pennsylvania, Ohio, West Virginia, Kentucky, Diego County, especially in the beautiful city Mr. BONNER. Madam Speaker, the city of Mississippi, Alabama, Florida, and the District of Poway. Mobile and indeed the entire state of Ala- of Columbia. He was also responsible for It is with immense gratitude that I commend bama, recently lost a dear friend, and I rise postal-related legislative activity within the Mayor Cafagna for his long and distinguished today to honor the memory of Ray-Ray Rus- House Appropriations Committee. Additionally, service on behalf of his constituents and coun- sell. one of his ad hoc activities included service on ty. His humor and easygoing personality will A native of Mobile, Ray-Ray graduated from the Elections Center-sponsored Election Mail be greatly missed by all who worked with him. Williamson High School in the Maysville com- Task Force. However the stories and warm memories of munity and earned a Bachelor’s Degree in Mitch began his postal career in 1973 as a this larger than life man will be shared by communication from Alabama State University. letter carrier in my District in Falls Church. many. I urge my colleagues to join me in com- In 1996, Ray-Ray returned to Mobile and Subsequently, he became a supervisor of let- memorating the life of Mayor Mickey Cafagna. started working for WBLX–FM radio. He was ter carriers, before becoming an Instructor in

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.018 E23APPT1 jbell on PROD1PC69 with REMARKS E956 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 the Delivery Service Branch of the Postal ism in politics throughout the community. I entire international community must recognize Service Management Academy in Potomac, congratulate Kate on receiving this award and the Armenian Genocide so that we can renew Maryland. By the spring of 1982, he began I ask my colleagues to join me in paying trib- our commitment to prevent such atrocities working in the Government Relations Depart- ute to this fine example of civic engagement. from occurring again. ment at the U.S. Postal Service Headquarters f I am hopeful that the U.S. Government can in Washington, DC. In 1992, he was promoted stand behind our statements and our prom- to the position of Government Relations Man- 94TH ANNIVERSARY OF THE ises. ARMENIAN GENOCIDE ager; a Postal Career Executive position. f Since then he has managed government re- lations activities with many Members of Con- HON. FRANK PALLONE, JR. HONORING CODY WAYNE JOHNSON gress, addressing an ever expanding variety OF NEW JERSEY of postal-related issues. He has also served IN THE HOUSE OF REPRESENTATIVES HON. SAM GRAVES as the principal postal contact for the House Thursday, April 23, 2009 OF MISSOURI IN THE HOUSE OF REPRESENTATIVES Appropriations Committee and the Financial Mr. PALLONE. Madam Speaker, I rise today Services Appropriations Subcommittee. While to commemorate the 94th Anniversary of the Thursday, April 23, 2009 the Postal Service receives only minimal fund- Armenian Genocide. It is morally imperative Mr. GRAVES. Madam Speaker, I proudly ing to support free mail for the blind and over- that we remember this atrocity and collectively pause to recognize Cody Wayne Johnson a seas voters, Mitch has been an extraordinary demand reaffirmation of this crime against hu- very special young man who has exemplified resource to us in addressing a host of postal manity. the finest qualities of citizenship and leader- issues which have arisen in our committee. For thousands of years, the Armenian peo- ship by taking an active part in the Boy Scouts Mitch and his wife, Mickey Fenyk-King, re- ple have been known for their perseverance in of America, Troop 70, and in earning the most cently celebrated their 35th anniversary. Now, the face of great challenges. Today we honor prestigious award of Eagle Scout. they look forward to having more time to the victims and survivors of the Armenian Cody has been very active with his troop spend with family and friends and to exploring Genocide. We pay our respects to the Arme- participating in many scout activities. Over the the world together. They have surely earned nian people for their strength to overcome ad- many years Cody has been involved with our thanks and congratulations for a job well versity. scouting, he has not only earned numerous done and our very best wishes for their jour- It is a somber day as we reflect on the vic- merit badges, but also the respect of his fam- neys ahead. tims of the Armenian Genocide, the continued ily, peers, and community. f denial by the Turkish government, and our Madam Speaker, I proudly ask you to join HONORING KATE DONAGHUE own government’s inaction in using the word me in commending Cody Wayne Johnson for genocide to describe these events. his accomplishments with the Boy Scouts of There is an absurdity about Turkey’s inabil- America and for his efforts put forth in achiev- HON. JAMES P. McGOVERN ity to recognize its own past and something ing the highest distinction of Eagle Scout. OF MASSACHUSETTS deeply disturbing about our government’s f IN THE HOUSE OF REPRESENTATIVES complacency in this misrepresentation of his- Thursday, April 23, 2009 tory. HONORING ADDIE GREEN The Armenian Genocide is the first geno- Mr. MCGOVERN. Madam Speaker, I rise cide of the twentieth century. Between 1915 HON. KENDRICK B. MEEK today to pay tribute to my friend, Kate and 1923, 1.5 million Armenians were system- OF FLORIDA Donaghue from Westborough, Massachusetts atically and deliberately killed by the Ottoman IN THE HOUSE OF REPRESENTATIVES for her outstanding service to the people of my Turks. Thursday, April 23, 2009 district and my home state of Massachusetts. Our own National Archives and writings On Sunday, April 26 of this year, Kate will be from the U.S. Ambassador to the Ottoman Mr. MEEK of Florida. Madam Speaker, I am this year’s recipient of the Democrat of the Empire, Henry Morgenthau, display how the pleased to recognize and extend my congratu- Year award from the Middlesex Worcester Co- Ottoman government specifically decided to lations to the Honorable Addie Green on the alition in appreciation for her lifetime of serv- target the Armenians, move them towards occasion of her retirement from elected office. ice. what is the modern day Syrian Desert, and Ms. Green will retire as County Commissioner For over 20 years Kate has given countless butcher men, women, and children. for District 7 in Palm Beach County, and can hours of her time to help promote social and It is a disturbing history, but one that needs look back on a proud career of service and political change in Massachusetts. Kate has to be retold, remembered, and reaffirmed to distinction in community leadership. been an avid volunteer with many groups and ensure its legacy and rightfully honor its vic- Though she is a native Alabamian, Ms. has worked tirelessly for the greater good for tims and survivors. Green has been a resident of Palm Beach more than 40 years. She has served as an We have stood by for too long as the Turk- County since 1965. She graduated from elected member of the Massachusetts State ish government manipulates the issue of the Stillman College with a Bachelor of Science Democratic Committee for the past 13 years Armenian Genocide. We have watched them degree and went on to receive her Masters and has served in many capacities with the pay millions of dollars to Turkish lobbyists to Degree in Education from Florida Agricultural party. She is one of the founding chairpersons mislead and even threaten members of Con- & Mechanical University in Tallahassee, Flor- of the Middlesex Worcester Democratic Coali- gress. We have watched the Turkish govern- ida. tion and is also a board member of the re- ment bring scholars and writers to court for in- Ms. Green served as Mangonia Park’s Vice cently formed Worcester Democratic League. sulting Turkishness just for writing the words Mayor in 1988 and Mayor in 1991. In 1992, She has also represented her district at count- Armenian Genocide. And two years ago we she was elected to the Florida House of Rep- less state and national conventions. watched in profound disbelief when Hrant Dink resentatives and served four consecutive Kate is also the founder of the widely read was assassinated in Istanbul. terms as the District 84 Representative. While Donaghue’s Democratic Dispatch, which she It is enough. serving in the Florida House of Representa- founded in 2000. This popular email news- Armenian Genocide Recognition is not only tives from 1995 to 1998, I had the pleasure of letter provides information about political and important for Armenians, it is important for us working with Ms. Green. During her State ten- civic events that are happening across the as Americans. If we are going to live up to the ure, she served on several influential House commonwealth. Thanks to her efforts, thou- standards we set for ourselves and continue committees and was instrumental in securing sands of individuals are kept abreast about to lead the world in affirming human rights ev- vital resources for Palm Beach County. how to be engaged in local and national polit- erywhere, we need to stand up and recognize The appropriations Ms. Green worked dili- ical efforts. the Armenian Genocide. gently to bring to Palm Beach County in- Kate has also worked tirelessly to get others To not do so sends a message that we are cluded: $1.35 million for the Mangonia Resi- involved in community service efforts. She has complicit in Turkey’s denial. By not affirming dence for senior citizens; $751,000 for Florid- helped organize Earthday Clean-ups, food the Armenian Genocide, we fail as Americans ians stricken with Parkinson’s disease; drives and clothing drives. to take a stand against all genocides and we $250,000 for the Belle Glade Business Park Madam Speaker, I commend Kate fail to end genocide denial. Wages Program to create new jobs; tax relief Donaghue for her dedication to Massachusetts We can reverse this path and officially for NOAH, an organization that provides af- and the political community in promoting activ- speak the truth. We as Americans and as an fordable housing to more than 400 families in

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.021 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E957 the Glades; $249,000 for the renovation of the renamed ‘‘The Diridon Station’’ in his honor. and has served on numerous organizations Lake Park Library; $500,000 for the St. Mary’s He currently heads the Norman I. Mineta committed to community service at the na- Medical Center Children’s Emergency Room Transportation Institute at San Jose State Uni- tional, state, regional and local levels. He has Wing; $500,000 for Home Safe; and $100,000 versity, and is a former chairman of the board been most involved with transportation, the for project SOAR Healthy Mothers/Healthy Ba- of the High Speed Rail Authority. environment, arts and human rights fund-rais- bies. Rod’s service to his community and country ing and advocacy. Moreover, Ms. Green has helped to secure started much earlier in his life. From 1963 to funding for projects beneficial to the Palm 1967 he served in the U.S. Navy as a Fleet f Beach community such as an aquatics facility Officer and Combat Duty Officer in Vietnam. in Riviera Beach, the Dan Calloway Recre- In 1969, Diridon founded the Diridon Re- INTRODUCING THE NATIONAL ation Complex, the Northwest Community search Corporation, later renamed Decision COMMISSION ON EMPLOYMENT Center, the Spady House Museum and C. Research Institute (DRI) in 1972. DRI con- AND ECONOMIC SECURITY ACT Spencer Pompey Amphitheater in Delray ducted market research, needs assessment OF 2009 Beach, the Wilson Recreation Center and Pool surveys and legislative consulting throughout Renovation, the 1916 County Courthouse the United States. As founder and president he developed a ‘‘shared survey’’ research pro- HON. ALCEE L. HASTINGS Restoration, and the 4–H Community Gar- OF FLORIDA dens. She arranged recreational and cultural cedure subsequently adopted by the UNICEF of the United Nations. IN THE HOUSE OF REPRESENTATIVES funding in support of Heritage Fest, Children’s His political career began in 1972 as the Outreach, Mt. Olive Community Outreach Thursday, April 23, 2009 youngest person ever elected to the Saratoga Center, Roots Festival, the Soul of Delray, An- City Council. He retired because of term limits, Mr. HASTINGS of Florida. Madam Speaker, nual Jazz & Blues Festival in Riviera Beach, after completing 20 years and six terms as I rise today to introduce the National Commis- Salvation Army, Teen Partnership Coalition, chairperson of both the Santa Clara County sion on Employment and Economic Security Operation Hope, and a host of school-based Board of Supervisors and Transit Board. He is Act of 2009. programs. the only person to have chaired the San Fran- This legislation is a necessary and vital in- With the concerted efforts of many individ- cisco Bay Area’s (nine counties and 104 cit- vestment in the people of the American work- uals and business leaders in the community, ies) three regional governments: the Metropoli- force and their families. This bill will establish Ms. Green was able to organize the first tan Transportation Commission, the Bay Area a national commission to examine issues of Homeless Task Force for Palm Beach County. Air Quality Management District, and the As- economic and psychological insecurity within In 2007, she was named ‘‘Commissioner of sociation of Bay Area Governments. our workforce that have been caused by em- the Year’’ by the Florida League of Cities for To find the basis for Rod’s call to public ployment displacement. Further, it will propose her extraordinary efforts of presiding over service, one need only look at his family’s solutions, including recommendations for legis- tough County transitions and improved rela- roots. Rodney John Diridon was born in lative and administrative action, to Congress tionships with cities throughout South Florida. Dunsmuir, California in 1939 to Claude and and the President. I am fortunate to have had the opportunity Rhoda Diridon. As the son of Italian immi- Since the recession began in December to work side by side with Commissioner grants, Rod’s father, Claudius Diridoni was 2007, more than 5.1 million jobs have been Greene and it is a privilege for me to have this compelled to change his name when bigotry in lost. Last month, the national unemployment opportunity to recognize her before the es- the railroad employment system kept him from rate reached an unprecedented 8.5 percent, teemed House of Representatives. Now, in re- being hired. After becoming a union member, the highest it has been since the recession of tirement, she embarks upon new challenges in Claude was protected from discrimination, 1983 and it is much higher in many states like life and I am certain her legacy of greatness thus starting the Diridon family’s long appre- Florida, at 9.7 percent, and it has topped 12.6 will only grow and develop as she enters this ciation of organized labor. percent in Michigan. new phase of life. I wish her every happiness Although Rod was dyslexic, through hard Over the past year, unemployment rates and success. work and determination, he was a good stu- have increased in all 50 states and the District f dent and member of championship football of Columbia. The scope of the economic teams in high school. While working his way downturn is so large that its impact is felt vir- HONORING RODNEY JOHN DIRIDON through college as a railroad trainman, he at- tually everywhere along the economic spec- ON THE OCCASION OF THE 70TH tended Shasta Junior College and Chico trum. ANNIVERSARY OF HIS BIRTH State, each for one year. He then transferred While Americans lose their jobs and their in- to San Jose State University, where he was a comes shrink, too often, they face the loss of student leader, and graduated with a Bachelor HON. ZOE LOFGREN their family’s health insurance and, subse- of Science in Accounting and an MSBA in Sta- OF CALIFORNIA quent to the loss of income, even their hous- tistics. IN THE HOUSE OF REPRESENTATIVES He was married to Mary Ann Fudge from ing. According to a September 2008 survey by the American Psychology Association, 80 per- Thursday, April 23, 2009 July 4, 1964 until 1999 and raised two chil- dren, Rodney Jr. born September 10, 1969, cent of Americans say the economy is a sig- Ms. ZOE LOFGREN of California. Madam and Mary Margaret, born September 14, 1971. nificant cause of stress, an increase from 66 Speaker, today I rise to congratulate Rodney On June 10, 2001 he married Dr. Gloria Duffy. percent since April 2008. Perhaps even more John Diridon, ‘‘Rod,’’ on the 70th anniversary Rod has chaired over 100 international, na- disturbing, calls to the National Suicide Pre- of his birth. In addition to celebrating the com- tional, state and local community service pro- vention Lifeline have increased by more than memoration of a life well spent, I would like to grams and projects, most related to transit and 20 percent from January 2008 to January acknowledge the dedication he has exempli- the environment. He served, in 1993, as the 2009. fied in serving the Valley of Santa Clara for chairperson of the American Public Transit As- Madam Speaker, the mental health of the over half of his life. sociation in Washington, D.C., and more re- American worker will be integral on the road to Diridon, the son of an immigrant Italian rail- cently as the North American Vice President economic recovery and Congress must face road brakeman, has focused on transportation of the International Transit Association in this problem head on and help the very people issues for decades. A most effective pro- Brussels. He has been an advisor to the Fed- who are facing unemployment, loss of health ponent of public transportation, Rod Sr. is con- eral Transit Administration and in 1995 chaired insurance, home foreclosure, stress, increased sidered the ‘‘father of modern transit’’ in Santa the National Research Council’s Transit Over- violence, and depression. It is time that we Clara County and credited with countless sight and Project Selection Committee. Rod create this Commission and get our nation achievements including building the light rail chaired the NRC’s Transportation Research back on track. system. He is a former member of the Santa Board’s study panel on ‘‘Combating Global We have a solemn responsibility to ensure Clara County Board of Supervisors and a Warming Through Sustainable Transportation the greatest possible assistance to the Amer- former candidate for the California State As- Policy.’’ He is frequently asked to provide tes- ican workforce, whose commitment to eco- sembly. timony to Congressional Committees. nomic participation has been a defining fea- Upon his retirement from public office in Diridon has received published recognition ture of the cultural fabric of our country. I urge 1994, the main train station in San Jose was and numerous awards for his contributions my colleagues to support this legislation.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.024 E23APPT1 jbell on PROD1PC69 with REMARKS E958 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 HONORING DELANE GOWER The Sisters of Saint Joseph have provided In 2007 we requested policy changes from KINZLER quality, values-based Catholic education to the Bush Administration so that respectful, countless students and we are grateful for critical dialogue and principled exchange could take place between the peoples of Cuba HON. SAM GRAVES their immeasurable impact. and the United States and our respective OF MISSOURI f governments. Our petition fell on deaf ears. IN THE HOUSE OF REPRESENTATIVES As citizens, artists, scholars, educators and COMMENDING THE PRESIDENT OF cultural workers from all artistic practices Thursday, April 23, 2009 THE UNITED STATES ON ALLOW- and from advocacy and service organizations Mr. GRAVES. Madam Speaker, I proudly ING FAMILY TRAVEL TO CUBA in the arts, we now call upon your Adminis- pause to recognize Delane Gower Kinzler, a tration to: very special young man who has exemplified 1. open a respectful dialogue with the gov- HON. JOHN CONYERS, JR. ernment and people of Cuba in accord with the finest qualities of citizenship and leader- OF MICHIGAN established protocols supported by the com- ship by taking an active part in the Boy Scouts IN THE HOUSE OF REPRESENTATIVES munity of nations; of America, Troop 345, and in earning the Thursday, April 23, 2009 2. end the travel ban that prevents U.S. most prestigious award of Eagle Scout. citizens from visiting Cuba, and allow for Delane has been very active with his troop Mr. CONYERS. Madam Speaker, I rise Cuban artists and scholars to visit the participating in many scout activities. Over the today to commend the President for his lead- United States, thus eliminating the censor- many years Delane has been involved with ership and commitment to improve the United ship of art and ideas, and scouting, he has not only earned numerous States’ relationship with Cuba. 3. initiate, by working with the U.S. Con- gress, a process that can result in the devel- merit badges, but also the respect of his fam- Lifting restrictions on family members’ trav- opment of normal, respectful bilateral rela- ily, peers, and community. els to the island and removing restrictions on tions between our countries. Madam Speaker, I proudly ask you to join remittances to Cuban families responds to The artistic and cultural communities in me in commending Delane Gower Kinzler for both Cuban-American and Cubans’ needs as the United States and in Cuba are catalysts his accomplishments with the Boy Scouts of well as it builds bridges between the American of imagination and creativity. We are com- America and for his efforts put forth in achiev- and the Cuban people. mitted to serve as bridges for our fellow citi- ing the highest distinction of Eagle Scout. I believe that keeping the family ties alive zens. Now, we need our government to take and allowing family members to assist one an- leadership and re-open the pathways of ex- f change. other are essential for Cuban citizens’ quest SISTERS OF ST. JOSEPH CELE- We look forward to working with you to for reform and a critical step towards the build- advance the interests of the United States BRATE 125 YEARS OF MINISTRY ing of a trustworthy relationship. and of Cuba. Cuban-Americans are the best ambas- Sincerely, HON. RICHARD E. NEAL sadors to the Cuban people for democracy’s (Sampling of over 1,100 signatures from arts OF MASSACHUSETTS core values. Diplomatic relations can begin & culture as of March 2, 2009) IN THE HOUSE OF REPRESENTATIVES with familial and cultural exchanges. This is Patch Adams; Michael Alexander, Exec Thursday, April 23, 2009 especially true with Jazz music, which has al- Dir, Grand Performances* & Chair, ways shown the sense of freedom. California Arts Council*; Stuart A. Mr. NEAL of Massachusetts. Madam Speak- Cuba has a rich musical tradition that has Ashman, Cabinet Secretary, State of er, I rise today to celebrate the 125th Anniver- many admirers throughout the World, particu- New Mexico Cultural Affairs; Stephen Bailey, Executive Director/CEO, Grand sary of the Sisters of St. Joseph. I would like larly in America. As more Cuban-Americans to share some local history as provided by the Opera House; Amiri & Amina Baraka; travel to Cuba, there will be increased oppor- Harry Belafonte; Laura Bickford, Film Springfield Diocese. tunities to access this rich tradition. Reaching Producer; Beth Boone, Artistic & Exec- The Sisters of St. Joseph of Springfield out in an effort to expand our common interest utive Director, Miami Light Project; were founded in 1883 following a request by in culture and the arts will deepen our under- Jackson Browne, Songwriter; Jimmy the pastor of St. Patrick’s in Chicopee Falls. standing of one another and serve as a bridge Cobb, NEA Jazz Master, Drums; James He needed help starting a parish school and builder to more substantial bilateral relations. Early, Artists & Intellectuals in De- so seven sisters from the New York Con- In that spirit, I would like to submit this let- fense of Humanity; Charles Fishman, gregation moved to the Springfield Area. The Executive Producer, Duke Ellington ter, from the US-Cuba Cultural Exchange, into Jazz Festival; Danny Glover, Activist- small community grew slowly but steadily the RECORD. This letter, written last March, while educating poor immigrant children in Actor; Charlie Haden, Educator/Musi- urges the President to build a respectful and cian; Herbie Hancock, Musician/Chair- central and western Massachusetts and critical dialogue between the United States man, Thelonious Monk Institute of Rhode Island. and Cuba through cultural exchange. Jazz.* By the mid 1960s, the ranks of the Spring- US-CUBA CULTURAL EXCHANGE, Donald Harrison, Musician & Composer; field Congregation swelled to over one thou- Albuquerque, New Mexico, March 3, 2009. Louis Head, US-Cuba Cultural Ex- sand women. The group had founded or President BARACK OBAMA, change; Oscar Hernandez, Musician/ staffed sixty schools and had established the The White House, Composer; Mike Kappus, President, Elms College. Washington, DC. The Rosebud Agency; Robert Kraft, Following the Second Vatican Council, the DEAR PRESIDENT OBAMA: We are artists, President, Fox Music; Vivien Lesnik arts presenters, arts educators, cultural en- Weisman, Filmmaker; Sandra Sisters restructured their community life. Many trepreneurs and scholars, and cultural herit- Levinson, Director, Cuban Art Space/ moved out of convents and into small houses age and policy professionals from diverse po- Center for Cuban Studies; Bill and apartments in local towns and cities. Their litical persuasions. We have been adversely Martı´nez, Arts Attorney & Presenter, ministries expanded as well. No longer limited affected by the cultural embargo imposed by Martı´nez & Associates; Graham Nash; to schools, the Sisters worked in prisons, par- the U.S. government against both Cuban and Lukas Nelson, Musician; Arturo ishes, homeless shelters and other social American artists and cultural institutions. O’Farrill, Musician & Founder, Afro services. We are writing to request that you make Latin Jazz Alliance & 2009 Grammy In the mid 1970s, the Sisters of St. Joseph concrete changes in U.S. policy towards Award Winner; Michael Orlove, Senior Cuba that will allow for the uninhibited flow Program Dir, Chicago Department of of Fall River merged with the Springfield Con- of art, culture, information, ideas and de- Cultural Affairs; Eddie Palmieri; gregation. In 2001, the Sisters of St. Joseph of bates, as well as travel by artists, cultural Armando Peraza, Musician; Dafnis Rutland, Vermont joined the community which workers and professionals, and arts and cul- Prieto, Musician. also covers Worcester, the Berkshires, Rhode tural aficionados between the two countries. Bonnie Raitt, Musician & Activist; Island and even Louisiana and Uganda. U.S. policies towards Cuba—worsened Awilda Rivera, Radio Personality, Today, the Springfield Congregation of about many times over by the previous administra- WBGO-Jazz 88; Tito Rodriguez, Jr., Mu- 300 Sisters continues to serve the people of tion and criticized throughout the world— sician, Tito Rodriguez, Jr. Orchestra; God through a variety of Ministries. have prevented us from engaging in critical Ann Rosenthal/Cathy Zimmerman, Co- communication and collaboration with our Dirs, MAPP International Productions; Today we salute the Sisters of St. Joseph Cuban counterparts, compromising our na- David Rubinson, Music Producer; Pon- for 125 years of ministry as educations, pas- tion’s cherished ideals of freedom of expres- cho Sanchez, Musician; Carlos toral ministers, innovators, evangelizers and sion and preventing cultural interchange be- Santana, Musician; Pete Seeger; Scott social justice ministers. We thank the Sisters tween two societies that share a historic re- Southard, Director, International for their loving service to our communities. lationship lasting over two centuries. Music Network; Mavis Staples and

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.013 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E959 Yvonne Staples, Singers; Ned Sublette, reach and interaction. Dr. Cowan is active in INTRODUCTION OF KINGMAN AND Independent Scholar; Yosvany Terry, her local community where she serves on sev- HERITAGE ISLAND ACT OF 2009 Saxophonist & Composer; Dave eral boards dealing with education, substance Valentin, Latin Jazz Artist & Grammy abuse, women’s issues and civil rights. She Award Winner; Jesse ‘‘Chuy’’ Varela, HON. ELEANOR HOLMES NORTON Broadcaster/Writer, KCSM–FM 91/SF has received numerous awards and citations Chronicle; Howard Zinn, Author & for her outstanding work. I am pleased to OF THE DISTRICT OF COLUMBIA Playwright. commend and congratulate Dr. Cowan on an IN THE HOUSE OF REPRESENTATIVES outstanding career and wish her well in all of f Thursday, April 23, 2009 her future endeavors. CONGRATULATORY TRIBUTE TO f Ms. NORTON. Madam Speaker, the King- DR. LARICE Y. COWAN ON THE man and Heritage Islands Act of 2009 will HONORING SEAN IAN O’REAR ACCESSION OF HER RETIREMENT make it possible for the District of Columbia, AS ASSISTANT CHANCELLOR the Army Corps of Engineers and environ- AND DIRECTOR OF THE OFFICE HON. SAM GRAVES mental education groups to develop Kingman OF EQUAL OPPORTUNITY AND OF MISSOURI and Heritage Island as a center for environ- ACCESS AT THE UNIVERSITY OF IN THE HOUSE OF REPRESENTATIVES mental education, a recreation site, and for ILLINOIS CHAMPAIGN URBANA Thursday, April 23, 2009 restoration of the Anacostia River eco-system. CAMPUS. Mr. GRAVES. Madam Speaker, I proudly Kingman and Heritage Islands were created pause to recognize Sean Ian O’Rear, a very by the Army Corps of Engineers in the 1920’s HON. DANNY K. DAVIS special young man who has exemplified the as part of the Anacostia Tidal Flats Reclama- OF ILLINOIS finest qualities of citizenship and leadership by tion project and were managed by the U.S. IN THE HOUSE OF REPRESENTATIVES taking an active part in the Boy Scouts of Department of the Interior/National Park Serv- Thursday, April 23, 2009 America, Troop 145, and in earning the most ice (NPS) through 1996. At the request of the District, Congress dedicated the two islands to Mr. DAVIS of Illinois. Madam Speaker, I rise prestigious award of Eagle Scout. a child-oriented theme park in the National to pay tribute to Dr. Larice Cowan, a fellow Sean has been very active with his troop Children’s Island Act of 1995. This Act trans- alumnus from the University of Arkansas at participating in many scout activities. Over the ferred title of certain NPS property in Ana- Pine Bluff who has distinguished herself as an many years Sean has been involved with costia Park to the District of Columbia (Dis- outstanding academician and practitioner in scouting, he has not only earned numerous trict). These properties included Heritage Is- the field of human relations and affirmative ac- merit badges, but also the respect of his fam- land and a portion of Kingman Island located tion. Dr. Cowan graduated from the University ily, peers, and community. within the District. However, the law includes of Arkansas at Pine Bluff with a Bachelor of Madam Speaker, I proudly ask you to join a reversionary provision to the Department of Arts Degree in Sociology in 1971; she subse- me in commending Sean Ian O’Rear for his Interior if a theme park was not built, necessi- quently earned a Masters Degree in Social accomplishments with the Boy Scouts of tating this bill. Work at the University of Arkansas at Little America and for his efforts put forth in achiev- Rock, and a PhD in Educational Policy Stud- ing the highest distinction of Eagle Scout. As times have changed, the District no ies from the University of Illinois at Cham- f longer believes that a theme park is the high- paign. est and best use of the space. Instead, the COMMEMORATING ARMENIAN District announced plans to use Kingman Is- Dr. Cowan began her career in civil rights GENOCIDE REMEMBRANCE DAY and human rights as Director of the Commu- land as part of an initiative to help revitalize nity Relations Department for the City of the River. The bill calls for a unique environ- Champaign, where she pioneered cooperative HON. GARY C. PETERS mental natural reserve park to restore the eco- OF MICHIGAN relationships between Champaign Police De- system, provide usable open space for resi- IN THE HOUSE OF REPRESENTATIVES partment and the community. She partnered dents and visitors, and environmental edu- with a Lieutenant in the police department and Thursday, April 23, 2009 cation, including a September 11th Remem- brance Grove. In my view, this is an even two university professors to produce a re- Mr. PETERS. Madam Speaker, I rise today more appropriate use for Kingman Island. This search document titled ‘‘Police-community Re- to commemorate the Armenian Genocide Re- use also buttresses my own work in the Con- lations: A Process, not a Product’’, this re- membrance Day, which is observed by com- gress on the Anacostia River, particularly the search actively is credited with helping to munities around the world on April 24th. It is Anacostia Watershed legislation, which change police and citizens interaction within of great importance that atrocities past are not Congess has passed and whose implementa- the City of Champaign. forgotten, but rather serve as a solemn re- tion is now underway. After coming to the University of Illinois, Dr. minder of the importance of our continued vigi- Cowan devoted her life to a career in affirma- lance and opposition to genocide today. A renovated pedestrian bridge now provides tive action and diversity. As Assistant Vice On April 24, 1915, the Ottoman Empire ar- access to these islands for environmental pro- Chancellor for Administration and Director of rested Armenian intellectuals and community grams and the general public. Over 40 acres Affirmative Action for staff, she led the campus leaders in Constantinople, marking the begin- of tidal marsh in Kingman Lake are currently in establishing policies and procedures to ad- ning of an eight year campaign against Arme- being restored through the combined efforts of vance campus affirmative action for faculty nian civilians. By the genocide’s end in 1923, the Army Corps, the District and local environ- and staff. As Assistant Chancellor and Director roughly one and a half million unarmed men, mental teaching groups. The renovated is- of OEOA, she introduced the first major cam- women and children were rounded up, lands will include a particularly appropriate pus-wide diversity program which was at- stripped of all their possessions and means of memorial tree grove dedicated to the three tended by Deans, Directors, and department support, and sent on death marches or to con- District of Columbia schoolchildren who were heads and instrumental in the development of centration camps. victims of the September 11 terrorist attack. the first video produced on sexual harassment Nearly a century later, these events still res- Self-guided trails and interpretive stations will prevention and the presentation of a series of onate across the world. I am proud of the instruct visitors about the abundant natural campus programs on sexual harassment pre- United States’ strong and continued history in history of the Anacostia River and will track vention. Currently, Dr. Cowan oversees the standing up to and opposing genocide. I am contemporary efforts to restore the river’s wild- university’s affirmative action policies and pro- proud to join with so many of my colleagues life, habitats and water quality. cedures, including companies such as The who have weighed in on this issue and have This non-controversial, no-cost bill will have Americans with Disabilities Act: the investiga- called on Turkey and Armenia to have an a positive effect on the deteriorating ecology tion of internal and external complaints of al- open and honest dialogue about their past. of the region. Because the bill involves a Dis- leged discrimination filed with federal and Madam Speaker, as we observe the Arme- trict of Columbia property, it has little national state civil rights agencies, the development nian Genocide Remembrance Day, it is impor- significance except for residents of the region and implementation of educational programs tant that we pay our respects to the hundreds and visitors to the nation’s capitol. The bill will on diversity inclusion, sexual harassment pre- of thousands of lives senselessly lost. My serve all who are here or are visiting and vention, disability issues and related topics for thoughts and prayers on this day will be with therefore I intend to ask that the bill be put on faculty and staff to improve campus climate the Armenian community in Oakland County, the suspension calendar after review by the and to facilitate campus and community out- Michigan and throughout the world. appropriate committee.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.028 E23APPT1 jbell on PROD1PC69 with REMARKS E960 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 HONORING PEGGY COLLIER the bomber, he was shot down off the coast I have a copy of Professor John Hope of Japan but was able to parachute out of the Franklin’s book From Slavery to Freedom: A HON. ADAM H. PUTNAM plane and was rescued by a submarine. History of African Americans in my office. The OF FLORIDA After Lt. Gen. Pitt’s heroic service during manual has been an invaluable reference text IN THE HOUSE OF REPRESENTATIVES World War II, he was steadily promoted and for me for many years. It was one of my col- earned three stars. He served as a NATO Thursday, April 23, 2009 lege textbooks while I was an undergrad at commander in Turkey, four tours at the Pen- Vanderbilt University in Nashville, Tennessee. Mr. PUTNAM. Madam Speaker, today I rise tagon and also as a diplomat in Cuba, Haiti, Born in 1915 in Tulsa, Oklahoma, John to honor a local civil servant. Ms. Peggy Col- the Dominican Republic, England and Taiwan. Hope Franklin was the grandson of a slave. lier has served as a crossing guard at High- In 1972, Lt. Gen. Pitts returned to March Air He went on to become one of the most prolific lands City Elementary School for forty years Force Base as the Commander of the 15th Air chroniclers of civil rights history in America. come this May of 2009, when she will retire. Force. His military decorations and awards in- Ms. Collier began her career on May 1, 1969 clude the Distinguished Service Medal, Legion Professor Franklin was just 4 or 5 years old and has since rarely missed a day of work. No of Merit with an oak leaf cluster, Distinguished when he witnessed the horror of the Tulsa matter the weather, almost nothing prevented Flying Cross with one oak leaf cluster, Air Race riots of 1921. Under Chairman CONYER’s this local Highway 98 icon from helping usher Medal with three oak leaf clusters, Air Force Judiciary Committee, I was fortunate enough our children into their school day. Commendation Medal with one oak leaf clus- to meet Professor Franklin in 2007. He came I wish to congratulate Ms. Collier for a long, ter, the Distinguished Unit Citation Emblem to testify in a hearing before Congress urging successful career and I wish her well in retire- with one oak leaf cluster and the Purple Heart. the passage of legislation that would clear the ment. In 1975, Lt. Gen. Pitts retired from the Air way for survivors of the riots in the Green- f Force and he and his wife, Doris, made River- wood neighborhood of Tulsa to sue. The hear- side their permanent home in the 1990s. He ing’s main effort was to extend the statute of HONORING JOSH GREATHOUSE was active in the March community during his limitations survivors’ claims. retirement, helping to keep the base open dur- John Hope Franklin was a graduate of Fisk HON. SAM GRAVES ing the Base Realignment and Closure proc- University, a historically African-American uni- OF MISSOURI ess. In honor of his efforts, March erected a versity in my home State of Tennessee; he re- IN THE HOUSE OF REPRESENTATIVES stone post at the parade grounds on the base. ceived his Ph.D. from Harvard University. He was also a board member of the March Thursday, April 23, 2009 In 1956, Dr. John Hope Franklin became Field Museum. Mr. GRAVES. Madam Speaker, I proudly Doris Mansfield Pitts was born in New York the first African-American Chairman of the His- pause to recognize Josh Greathouse a very City on January 17, 1924. She was the only tory Department at the all-white Brooklyn Col- special young man who has exemplified the daughter of Lillian and John Mansfield, a lege. finest qualities of citizenship and leadership by Spanish American War veteran and news- Dr. Franklin’s research contributed to the taking an active part in the Boy Scouts of paper executive. She attended Barnard School success of Thurgood Marshall and the Legal America and in earning the most prestigious in New York and worked for IBM during World Defense Fund. Officially, Dr. Franklin was a award of Eagle Scout. War II. She met her husband at West Point part of the NAACP Legal Defense Fund team Josh has been very active with his troop and they were married following the war on that helped develop the historic Brown v. participating in many Scout activities. Over the December 22, 1948. She served her country Board of Education of Topeka case that for- many years Josh has been involved with as a supportive military wife, joining and com- ever changed the face of public education in Scouting; he has not only earned numerous plimenting her husband throughout his highly this country. merit badges and performed volunteer work successful military career. Doris relocated her In 1982, he became the first African Amer- for soldiers, but has also earned the respect of family settling in more than 15 locations during ican professor to hold an endowed chair at his family, peers, and community. their time in the Air Force. Doris was a loving Duke University. Madam Speaker, I proudly ask you to join wife, mother of three daughters and grand- In 1995, he received the Presidential Medal me in commending Josh Greathouse for his mother to four grandchildren. of Freedom, the highest civilian honor in our accomplishments with the Boy Scouts of On December 22, 2008, Lt. Gen. Pitts cele- country. Dr. Franklin received the National America and for his efforts put forth in achiev- brated his 60th anniversary with his wife Doris. Freedom Award in 2007 from the National ing the highest distinction of Eagle Scout. Lt. Pitts and Doris are survived by their daugh- Civil Rights Museum in Memphis, Tennessee f ters Dale, Alisha and Linda; sister Nanetta At- kinson; and four grandchildren. for his influence over the state of civil and TRIBUTE TO LIEUTENANT As we look at the incredibly rich military his- human rights in America. GENERAL WILLIAM F. PITTS tory of our country we realize that this history Dr. John Hope Franklin has been honored is comprised of men like Lt. Gen. Pitts who by the nation’s two oldest learned societies, HON. KEN CALVERT bravely fought for the ideals of freedom and the American Academy of Arts and Sciences OF CALIFORNIA democracy. Each story is unique and hum- and the American Philosophical Society. IN THE HOUSE OF REPRESENTATIVES bling for those of us who, far from the dangers John Hope Franklin integrated the African Thursday, April 23, 2009 they have faced, live our lives in relative com- American narrative into the fabric of American fort and ease. In the case of Lt. Gen. Pitts, he Mr. CALVERT. Madam Speaker, I rise to history. He made us recognize that African was blessed to have the love and strength of American history is the history of all of us. pay tribute to a hero from my congressional his wonderful wife to help him along the way. district, Lieutenant General William F. Pitts Currently the Judiciary Committee, Chair- Lt. Gen. Pitts and Doris Pitts were dear friends man CONYERS, and I are working on H.R. and his wife, Doris Pitts. Today, I ask that the and above all, they were patriots. They will House of Representatives honor and remem- 1843, the John Hope Franklin Tulsa-Green- both be sorely missed but their legacy and wood Race Riot Claims Accountability Act of ber these two incredible people who dedicated service to our great nation will always be re- their lives in service to our country. On Tues- 2009. H.R. 1843 provides that any Green- membered. wood, Oklahoma, claimant (a survivor or heir/ day, December 30, 2008, Lt. Gen. Pitts f passed away at the age of 89. Doris followed descendent of victims of the Tulsa, Oklahoma, eight weeks later on March 1, 2009. HONORING JOHN HOPE FRANKLIN Race Riot of 1921) who has not previously ob- tained a determination on the merits of a Lt. Gen. Pitts’ father was a career military SPEECH OF officer. Lt. Gen. Pitts was born at March Field Greenwood claim may, in a civil action com- Hospital, located in Riverside, California, on HON. STEVE COHEN menced within five years after enactment of Thanksgiving Day 1919. When he was 10 OF TENNESSEE this Act, obtain that determination. Simply put, years old, Lt. Gen. Pitts took his first airplane IN THE HOUSE OF REPRESENTATIVES this is the legislation that stemmed from the ride and vowed to become an Air Force pilot. Tuesday, April 21, 2009 2007 hearing where I met Professor Franklin. In 1943, he graduated from West Point and Mr. COHEN. Mr. Speaker, I rise today to This legislation extends the statute of limita- flew 25 World War II missions against Japan honor the life and achievements of noted his- tions for survivors and survivors’ claims. in a B–29 Superfortress. In his last mission in torian and visionary, John Hope Franklin. Thank you, John Hope Franklin.

VerDate Nov 24 2008 04:53 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.032 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E961 HONORING DOMINIC PALUMBO FOR Today along with his wife, Judith; his four chil- need to remain vigilant about hate and misin- A LIFETIME OF SERVICE dren, Richard, Robert, Ronald and Raymond; formation. He has repeatedly distorted facts and his four granddaughters, we pay tribute to and denied that the Holocaust even existed. HON. ROSA L. DeLAURO Dominic Palumbo—a remarkable individual As citizens of the world, we remain alert and OF CONNECTICUT whose innumerable contributions have set an ensure that dictators and despots are never IN THE HOUSE OF REPRESENTATIVES example of community service to which we again able to commit genocide against any should all strive. people in any corner of the globe. Thursday, April 23, 2009 f In honor of their memory and to protect gen- Ms. DeLAURO. Madam Speaker, it gives erations to come, we must never forget. HONORING MICHAEL ANGELO me great pleasure to rise today to join the f North Haven Democratic Town Committee as HARTER well as the many family, friends, and commu- INTRODUCTION OF THE SOUTH- nity leaders who have gathered to pay tribute HON. SAM GRAVES EAST ALASKA NATIVE LAND EN- TITLEMENT FINALIZATION ACT to an outstanding member of our community OF MISSOURI and a man I am honored to call my friend, IN THE HOUSE OF REPRESENTATIVES Dominic Palumbo. Entrepreneur, community HON. DON YOUNG Thursday, April 23, 2009 leader, mentor, and friend, Dom has left an in- OF ALASKA delible mark on our community. Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES Dom has dedicated a lifetime of service to pause to recognize Michael Angelo Harter a Thursday, April 23, 2009 the town of North Haven, the State of Con- very special young man who has exemplified necticut and our nation. Born and raised in the finest qualities of citizenship and leader- New Haven, Connecticut, Dom joined the Mer- ship by taking an active part in the Boy Scouts Mr. YOUNG of Alaska. Madam Speaker, chant Marines and later the armed forces of America, Troop 145, and in earning the today I, along with my distinguished col- where he fought in both World War II and the most prestigious award of Eagle Scout. leagues, Mr. ABERCROMBIE, Mr. Korean War. Upon his return from military Michael has been very active with his troop FALEOMAVAEGA, Mr. BOREN and Mr. SHULER in- service, Dom and his family settled in North participating in many Scout activities. Over the troduce the Southeast Alaska Native Land En- Haven where he began a successful business, many years Michael has been involved with titlement Finalization Act. This legislation will North Haven Ceramic & Tile, and soon be- Scouting, he has not only earned numerous redress the inequitable treatment of the Native came an institution in town. merit badges, but also the respect of his fam- Regional Corporation for Southeast Alaska, There are few who demonstrate the depth ily, peers, and community. Sealaska Corporation, by allowing it to select of commitment to their community as Dom has Madam Speaker, I proudly ask you to join its remaining land entitlement under Section over the years. When he made North Haven me in commending Michael Angelo Harter for 14 of the Alaska Native Claims Settlement his home, he quickly became involved in local his accomplishments with the Boy Scouts of Act, ANCSA, from designated Federal land in issues and is perhaps best known in town for America and for his efforts put forth in achiev- Southeast Alaska. his enduring presence on the Planning and ing the highest distinction of Eagle Scout. In 1971, Congress enacted ANCSA to rec- Zoning Commission. The Planning and Zoning f ognize and settle the aboriginal claims of Alas- Commission is one of those local boards ka Natives. ANCSA allocated 44 million acres which have a significant impact on the town as HOLOCAUST REMEMBRANCE DAY and nearly $1 billion to Alaska’s Native peo- its responsibilities include the oversight of the ple, to be managed by the 12 Regional Cor- overall development of a community—bal- HON. CAROLYN McCARTHY porations, including Sealaska, and more than ancing the often competing demands of ex- OF NEW YORK 200 Village Corporations. While Sealaska is pansion and the quality of life for its residents. IN THE HOUSE OF REPRESENTATIVES one of the Regional Corporations with the Dom served on that board for more than thirty largest number of Native shareholders, with 21 Thursday, April 23, 2009 years, at least ten of which as its Chairman, percent of all original Native shareholders, and in doing so helped to shape the very Mrs. McCARTHY of New York. Madam Sealaska received the smallest Regional Cor- character of his community as it has grown. Speaker. Today, I wish to join with my friends, poration land settlement, which was less than Dom’s contributions stretch far beyond the family, and colleagues as we remember the 1 percent of the total of all ANCSA lands. town of North Haven. Over the course of his murder of more than 6 million Jews and others Now, nearly four decades since ANCSA’s pas- life he has been involved in countless service killed during the Holocaust. Their memory sage, Sealaska is still without their full land and civic organizations which include serving must be preserved and the atrocities com- entitlement. as Director of the Quinnipiac Council of the mitted by the Nazis and their accomplices It remains critical that Sealaska complete its Boy Scouts of America, a supporter of the must be noted in order to ensure that such remaining land entitlement under ANCSA to , a sponsor of several Little crimes against humanity will never be re- continue to meet the economic, social and cul- League and Midget Football teams, as well as peated tural needs of its Native shareholders, and of a founding member of the North Haven High We should also take time to remember the the Native community throughout Alaska. School Sports Hall of Fame. The myriad of millions of others systematically murdered by The Bureau of Land Management projects awards, commendations, and honors that he the Nazis, including Gypsies, Poles, the handi- that Sealaska is entitled to receive between has received from groups ranging from the capped, homosexuals, Jehovah’s witnesses, 355,000 and 375,000 acres pursuant to Knights of Columbus to the National Multiple political dissidents and prisoners of war. ANCSA. To date, over 35 years after Sclerosis Society are a testament to the dif- This year, we recognize in particular the one ANCSA’s enactment, Sealaska has secured ference that he has made. and a half million children who perished during conveyance of 290,000 acres. Accordingly, Dom has long been a political leader in the the Holocaust. It is estimated that mere thou- there are up to 85,000 acres remaining to be North Haven community. As a founding mem- sands survived. Many of the survivors still with conveyed. However, ANCSA limits Sealaska ber of the town’s Democratic Town Com- us today were children during the Second land selections to withdrawal areas sur- mittee, Dom has spent long hours advising World War and lost many friends and rel- rounding certain Native villages in Southeast and supporting candidates as they seek elect- atives. Decades later, the horrors of the Holo- Alaska. The problem is that there are no lands ed office—in North Haven and across the caust are still etched in their memory and they remaining in these withdrawal areas that meet state, at every level of government. As a long- serve as a reminder of the vulnerability of chil- Sealaska’s traditional, cultural, historic, or so- time member of the Connecticut Democratic dren in times of war. We must ensure that we cioeconomic needs, and certain portions of State Central Committee, he has also helped protect those in every corner of the world that those lands should more appropriately remain to shape Connecticut’s Democratic Party. His cannot defend themselves. in public ownership. commitment to public service and to improving More than 60 years have passed since the The selection limitations preclude Sealaska his community has been an inspiration to can- Holocaust, yet racism and anti-Semitism still from using any of its remaining ANCSA land didates as they sought his guidance and direc- exist in the world. The troubling events from settlement to select places of sacred, cultural, tion. this past week’s United Nations Summit on traditional, and historic significance located I would be remiss if I did not take this op- Racism in Geneva reinforce even more the outside the withdrawal areas that are critical to portunity to extend my sincerest thanks to need to mark this day. Iranian President facilitate the perpetuation and preservation of Dom for his many years of special friendship. Ahmadinejad’s remarks remind us that we Alaska Native culture and history. Moreover,

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.035 E23APPT1 jbell on PROD1PC69 with REMARKS E962 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 selection from the withdrawal areas would not Troop 127’s contribution to the community Unfortunately, many young people around allow Sealaska to meet the purposes of and to Pennsylvania as a whole is without the country have not learned about the Holo- ANCSA, which is to create continued eco- question. Troop 127’s proud tradition of 90 caust because their schools do not have the nomic opportunities for the Native people of years of Scouting service to the Greater funds or tools to teach about this tragic event Southeast Alaska. Further, more than 40 per- Chambersburg and Franklin County Commu- in world history. We need programs in our cent of the original withdrawal areas are salt nities embodies the spirit of Scouting and schools that allow students to learn about the water and, therefore, not available for selec- serves to encourage Pennsylvania’s boys to consequences of intolerance and hate. tion. work hard and give back to their community. The most effective way to counter prejudice, Despite the small land base in comparison I congratulate Troop 127 in their celebration of hate crimes and violence is through education: to all other Regional Corporations, Sealaska the 90th anniversary of such a wonderful orga- the best investment a society can make to- has provided significant economic benefits to nization, as it has brought a greater apprecia- wards ensuring tolerance. not only Sealaska Native shareholders, but tion to our area and has surely been an asset The Simon Wiesenthal Holocaust Education also to the other Native Corporations through- to the community. Assistance Act is a positive step toward that out Alaska. Pursuant to a revenue sharing f end. provision in ANCSA, Sealaska distributes con- f siderable revenues derived from its timber de- HONORING GARRISON WESLEY velopment—more than $315 million between PRIDDLE ON THE NINETY-FOURTH ANNI- 1971 and 2007—to the other Native Corpora- VERSARY OF THE ARMENIAN tions. Unless it is allowed to select land out- HON. SAM GRAVES GENOCIDE side of the designated withdrawal areas, OF MISSOURI Sealaska will not be able to select land that IN THE HOUSE OF REPRESENTATIVES HON. EDWARD J. MARKEY would allow it to maintain its existing resource Thursday, April 23, 2009 OF MASSACHUSETTS development and management operations, or Mr. GRAVES. Madam Speaker, I proudly IN THE HOUSE OF REPRESENTATIVES provide continued economic opportunities for pause to recognize Garrison Wesley Priddle a Thursday, April 23, 2009 the Native people of Southeast Alaska and very special young man who has exemplified Mr. MARKEY of Massachusetts. Madam economic benefits to the broader Alaska Na- the finest qualities of citizenship and leader- tive community through the revenue sharing Speaker, I rise to commemorate the 94th anni- ship by taking an active part in the Boy Scouts versary of the Armenian Genocide, and to call, requirements under ANCSA. of America, Troop 145, and in earning the The legislation presents a solution that once again, for the immediate passage of the most prestigious award of Eagle Scout. Affirmation of the United States Record on the would allow Sealaska to complete the convey- Garrison has been very active with his troop ance of its land entitlement and enable the Armenian Genocide Resolution. participating in many Scout activities. Over the Between 1915 and 1923, a campaign con- Federal Government to complete its statutory many years Garrison has been involved with obligation to the Natives of Southeast Alaska, ceived and executed by the Ottoman Empire Scouting, he has not only earned numerous forcibly deported nearly 2 million Armenians as promised under ANCSA. I thank my col- merit badges, but also the respect of his fam- leagues and urge your support for this impor- from their homes, resulting in the deaths of ily, peers, and community. perhaps one and a half million innocents. tant legislation for the Native people of South- Madam Speaker, I proudly ask you to join east Alaska. While the target of this genocide was the Ar- me in commending Garrison Wesley Priddle menian people, it was indeed a crime against f for his accomplishments with the Boy Scouts all of humanity. Today, I would like to ask this TRIBUTE TO BOY SCOUT TROOP 127 of America and for his efforts put forth in House to remember this great crime, and to achieving the highest distinction of Eagle commit ourselves once again to the absolute HON. BILL SHUSTER Scout. abolishment of genocide wherever it is com- f OF PENNSYLVANIA mitted. IN THE HOUSE OF REPRESENTATIVES THE INTRODUCTION OF THE The history surrounding this issue is clear. Genocide did occur, and ushered in what was Thursday, April 23, 2009 SIMON WIESENTHAL HOLOCAUST EDUCATION ACT to become possibly the most war-torn century Mr. SHUSTER. Madam Speaker, I rise of human history. today to recognize the accomplishments of HON. CAROLYN B. MALONEY This House has had before it, for many Boy Scout Troop 127 as it celebrates its 90th years now, a resolution which properly affirms OF NEW YORK anniversary on April 18, 2009. Troop 127 has the United States record on the Armenian IN THE HOUSE OF REPRESENTATIVES played a crucial role in developing the char- Genocide. I have been a strong supporter and acter of over 1,000 boys, and continues to do Thursday, April 23, 2009 cosponsor of this resolution every Congress, so today with thirty-six Scouts. Mrs. MALONEY. Madam Speaker, today, I and I remain so today. It is long past time for Troop 127 was founded in 1919 (originally am pleased to re-introduce the Simon this Congress to pass this resolution, which in as Troop 7) with the Presbyterian Church of Wiesenthal Holocaust Education Act, along the 111th Congress has been introduced as Falling Spring as its sponsoring organization. with Representatives ACKERMAN, BERMAN, and H. Res. 252. The Reverend William L. Mudge was the first HIGGINS. Named after a survivor of the Nazi The term ‘‘genocide’’ had not yet been Scoutmaster of Boy Scout Troop 7, which death camps who dedicated his life to docu- coined in 1915, when the first Armenians were began with 19 Scouts and grew to 46 by menting the crimes of the Holocaust, the legis- driven from their homes. The definition of this 1925. Troop 127 has a long history of more lation would provide federal grants to Holo- most profound crime against humanity came than 60 years of continued summer camping caust organizations to teach today’s students in 1944 from Raphael Lemkin, a Polish Jew and service support to Keystone Area Coun- about the Holocaust. I thank my friend Senator who survived the Holocaust by fleeing to cil’s Hidden Valley Scout Reservation in MENENDEZ for introducing the Senate com- America after the fall of Warsaw to the Nazis. Loysville, Pennsylvania. Their outdoor hiking panion bill this week as we commemorate Hol- In the wake of World War Two, in which most tradition includes extended trips across the ocaust Remembrance Day. of his family was lost in Hitler’s genocide country, including, Mt. Katandin, Mt. Wash- I also want to take this opportunity to re- against the Jews, Lemkin led the international ington, and Pisgah National Forest. These out- member our dear friend and colleague Chair- community to establish the United Nations door adventures, which span the Eastern man Tom Lantos, who passed away last year. Convention on the Prevention and Punishment United States but also include excursions as The only Holocaust survivor elected to Con- of Genocide. Lemkin’s definitive example of far away as Alaska and Florida, serve to edu- gress, Tom translated his horrific experience genocide? The crimes against the Armenians. cate and develop character amongst partici- into a lifetime commitment to Holocaust edu- April is Genocide Prevention Month, and it pants. cation and the fight against anti-Semitism. is only right that we have set aside a period Boy Scout Troop 127 is currently led by The As the generations who survived the Holo- of time every year to reflect upon the horrors Reverend Wayne Lowe, Jr., Charles Q. Smith, caust pass away, we must make sure that of the crime of genocide and to rededicate and Scoutmaster Donn Schoonover. The lead- new generations know the horrors of that ter- ourselves to ridding the earth of this scourge. ership of these gentlemen and those that led rible time. We must also make sure that those And even as we commemorate the Armenian the Troop in the past has inspired more than who would deny the existence of the Holo- Genocide, we must also recognize the other 125 youth to achieve the rank of Eagle Scout. caust do not have the ability to rewrite history. crimes being committed today, and redouble

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.037 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E963 our efforts to stop them. Genocide is occurring RECOGNIZING THE ‘‘DURBAN II The perfectly legitimate and highly wor- today in the scorched towns of Darfur, in west- COUNTER CONFERENCE’’ thy cause of opposition to racism, which is ern Sudan. The genocide in Darfur is not new, the alleged reason for these gatherings, was from the very start subverted by the totali- the crimes of the Sudanese government and HON. SHELLEY BERKLEY tarians that dominate the UN General As- its militia allies are well known to all of us OF NEVADA sembly and who are making full use of the here. As with the Armenian Genocide, there is IN THE HOUSE OF REPRESENTATIVES Assembly and its offshoots in their con- no factual debate about what is happening in tinuing campaign against democracy, civil Thursday, April 23, 2009 Darfur. It is genocide. It is a crime against hu- liberties, and the rule of law. They are en- manity. And it must stop immediately. Ms. BERKLEY. Madam Speaker, I rise gaged in a campaign against the basic prin- today to recognize the American Association ciples of the Enlightenment, principles that While much of this debate has been re- of Jewish Lawyers and Jurists (AAJLJ), which were enshrined in the UN Charter. peated year after year, this year we find our- What we are witnessing now worldwide is organized the ‘‘Durban II Counter Conference’’ selves in a particularly hopeful moment in re- the third major totalitarian attack on these in New York City April 20–24, 2009, to provide gards to this decades-old conflict about what principles. In its modern form the ideology an honest and critical examination of issues of happened to the Armenians in the early 20th of democracy and human rights emanated racism, racial discrimination, genocide, xeno- from the Netherlands in the 17th Century century. Just yesterday, the governments of phobia, gender discrimination and religious and then spread to the United States, Eng- Armenia and Turkey announced that, after a discrimination, in marked contrast to the hate- land, France, Germany in the 18th and 19th year of intensive talks mediated by the gov- filled proceedings that occurred the same Centuries, and beyond that region in the 20th ernment of Switzerland and encouraged by Century. It is no longer a way of governing week in Geneva. the Obama administration, they have ‘‘agreed limited to the West. India, it is worth keep- The Counter Conference commenced with on a comprehensive framework for the nor- ing in mind, has for many years been the remarks by my distinguished colleague from malization of their bilateral relations.’’ This joint world’s largest democracy. Japan and South New York, Representative CAROLYN MALONEY, statement is an extremely important step for Korea are democracies and so are many and included presentations by our parliamen- smaller non-Western countries. Armenia and Turkey, and I commend both tary colleagues from Canada—Senator It is indeed appropriate that we are meet- countries and their political leadership for the Jerahmiel Grafstein and former minister Irwin ing on the day that marks not only the open- courage they are showing today. The people Cotler—and Israel’s Deputy Permanent Rep- ing of Durban II, but also the day once of Armenia and Turkey have lived far too long known in Germany as the Geburtstag des resentative to the United Nations, Daniel with their bilateral relations in a state of sus- Fuehrers, the birthday of the leader. For it Carmon, along with prominent experts and pended animation. It is time for these two was Hitler who led the initial totalitarian human rights advocates from the academic proud countries to stand together, in acknowl- attack on the Enlightenment, turning first and legal communities. The panels included on the democratic process in his own coun- edgement of the difficulties of the past, with topics that should be part of any serious dis- try and then seeking to bring all of Europe confidence that old wounds can be healed, cussion on racism, such as ‘‘A Look at Reli- under his control. and with a profound commitment to a better gious Intolerance and Discrimination,’’ ‘‘Cur- In the course of the 20th Century we expe- future. rienced not only Hitler’s attack on the En- rent Issues in Gender Discrimination,’’ and Madam Speaker, I call upon this House lightenment, which led to World War II, but ‘‘Genocide in Darfur, Rwanda and the Congo.’’ also Stalin’s repressive and expansionist once again to pass H. Res. 252, the Affirma- Too many of these topics are ignored in the policies, which precipitated the Cold War. tion of the United States Record on the Arme- UN and I am pleased that the Durban II Both World War II and the Cold War were nian Genocide Resolution. I thank all of my Counter Conference focused on them. conflicts resulting from profound differences colleagues for commemorating the 94th anni- I want to particularly recognize the lead or- in ideology. And now, in the 21st Century, versary of the Armenian Genocide and joining ganizers of the event—AAJLJ president Ste- we, whose way of life is based on the prin- together to reaffirm our commitment to end the phen Greenwald, conference chair Robert ciples of the Enlightenment, are the objects crime of genocide wherever it is found. And on Weinberg and conference vice chair Marc of the third totalitarian attack, an attack this spring day, at a time of rebirth and re- undertaken, strange as it may seem, by an Landis, along with Ambassador Richard informal de facto alliance of neo-fascists and newal, I commend Armenia and Turkey on the Schifter, former United States Representative neo-communists, an alliance that unites steps they are taking to fully normalize their to the United Nations Human Rights Commis- Mahmoud Akhmadinejad with Hugo Chavez. bilateral relations, and I urge them to complete sion. Ambassador Schifter delivered the key- The proceedings in Geneva at the Durban this process as soon as possible. note address at the conference, entitled ‘‘The II meeting are vivid proof to the world of Third Totalitarian Threat,’’ which I would like to what that new alliance seeks to accomplish. Under the mantle of opposition to racism, it f insert into the CONGRESSIONAL RECORD. seeks to attack the Western world and our THE U.N.’S CHALLENGE TO DEMOCRACY—AD- HONORING DEREK TYLER COX basic concepts of freedom. Its manipulation DRESS BY RICHARD SCHIFTER, FORMER U.S. of significant human rights issues is well il- REPRESENTATIVE IN THE U.N. COMMISSION lustrated by its approach to the issue of slav- ON HUMAN RIGHTS AND FORMER U.S. DEPUTY ery. It is only the wrongful transatlantic HON. SAM GRAVES REPRESENTATIVE IN THE U.N. SECURITY slave trade that is attacked. The slave trade COUNCIL TO THE DURBAN II ‘‘COUNTER-CON- in East Africa, undertaken by non-West- OF MISSOURI FERENCE’’ AT FORDHAM LAW SCHOOL IN NEW erners, including Arabs, is deliberately omit- YORK CITY ON APRIL 20, 2009 IN THE HOUSE OF REPRESENTATIVES ted. Nor is there any mention in the Durban If Adolf Hitler had lived to 120, today II drafts of the racist aspect of the current Thursday, April 23, 2009 would be the day he died. While he has, for- conflict in Darfur, which Colin Powell has tunately, not been bodily with us for the correctly characterized as genocidal. Mr. GRAVES. Madam Speaker, I proudly past 64 years, his spirit, regrettably, is still While there is a need for us to follow the pause to recognize Derek Tyler Cox, a very alive and very much alive in Geneva this Durban II proceedings closely for what they special young man who has exemplified the week. As we have focused on Durban II, we reveal regarding the agenda of the new to- finest qualities of citizenship and leadership by have appropriately remembered Durban I, talitarians, we need also to recognize that where anti-Israeli propaganda initially inter- Durban II is just one forum of a much larger taking an active part in the Boy Scouts of twined with antisemitism. Whatever product enterprise, an enterprise that makes full use America, Troop 145, and in earning the most the wordsmiths may come up with, the domi- of the United Nations system to advance its prestigious award of Eagle Scout. nant forces in Geneva will have seen to it cause, the cause of the new totalitarianism. Derek has been very active with his troop that the anti-Israel message of Durban I is Israel, I submit, is the canary in the coal participating in many scout activities. Over the reaffirmed. mine. The new totalitarians view as their en- There is no doubt that Durban I and Dur- emies all those who are committed to the many years Derek has been involved with ban II are matters of serious concern. Yet, as way of life that emanated from the Enlight- scouting, he has not only earned numerous we examine the context in which these UN- enment. merit badges, but also the respect of his fam- sponsored conferences are held, we must nec- I have been around long enough to remem- ily, peers, and community. essarily come to the conclusion that the ber the speech given by Emperor Haile anti-Israel and antisemitic phenomenon of Selassie of Ethiopia in 1936 at a session of Madam Speaker, I proudly ask you to join these meetings is only the tip of the UN ice- the League of Nations Assembly to appeal me in commending Derek Tyler Cox for his berg. Or, to use another metaphor, we deal at for action against Mussolini’s Italy, which accomplishments with the Boy Scouts of this Durban II meeting, as we did at Durban had invaded his country. In his speech he America and for his efforts put forth in achiev- I, with only a symptom of the debilitating warned: ‘‘It is collective security: it is the ing the highest distinction of Eagle Scout. disease from which the UN suffers. very existence of the League of Nations. It is

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.040 E23APPT1 jbell on PROD1PC69 with REMARKS E964 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 the confidence that each State is to place in Castro assembled a highly competent cadre a government that can negotiate with China international treaties. . . . In a word, it is of diplomats, who took on the task of build- and the Soviet Union can organize enough international morality that is at stake.’’ ing an international network of institutions persuasiveness to reduce the production of The Emperor’s words were heard but no that would operate in opposition to the pernicious symbolism and to win the support meaningful action was taken. The League United States. Though he was clearly from sensible regimes for human rights.’’ quietly faded from the world scene as World aligned with the Soviet bloc, Castro got In his memoir Moynihan explains the rea- War II approached. It had failed in its mis- Cuba admitted to the Non-Aligned Move- son for this failure: ‘‘American diplomacy sion. When the League’s successor, the UN, ment (NAM) and in due course turned the put overwhelming emphasis on seeking was created in 1945, it was hoped that it Non-Aligned and a parallel organization, the friendly relations with individual other would function far better than its prede- Group of 77 (G–77), into mouthpieces for the countries. The institutional arrangement for cessor. It is now 64 years later. As we look at Moscow line. this was the ambassador and his embassy. To the UN Charter’s very first statement of pur- An important step on the way toward tak- get an embassy was the great goal of the ca- pose for the United Nations, that of main- ing control of the NAM and the G–77 organi- reer officer; having achieved it, his final ob- taining international peace and security, we zations was for Castro to link up with the ject was to be judged a successful ambas- can hardly say that UN’s record in that field Arab League and the Organization of the Is- sador by maintaining friendly relations. has been a resounding success. International lamic Conference. At its September 1973, Anything that interfered with this goal was morality remains at risk. where Castro sought to line up the NAM with resisted by the system. In recent years, and The world’s inability to use the UN to ad- Moscow, he was initially challenged by notably in the new nations, the one aspect of vance the cause of international peace and Muammar Qaddafi, who wanted the Non- foreign policy that could most interfere with security does not mean that none of the pur- Aligned to remain truly non-aligned. It was this object was the voting behavior of so poses of the Charter have been served by the at that point that Castro appears to have re- many of the small or new nations in multi- UN system. If we drop from Article 1 para- alized how he could best attain his goal: he lateral forums, behavior hostile to the graph 1 of the UN Charter, which refers to broke diplomatic relations with Israel and United States. In consequence the ‘bilateral the maintenance of international peace and added Israel to the United States on his and system’ resisted, and usually with success, security, to paragraph 3, we shall find the the entire Soviet bloc’s enemies list. the effort to introduce multilateral consider- statement of another purpose of the UN: ‘‘to Castro had no genuine interest in the Pal- ations into its calculations.’’ achieve international co-operation in solving estinian cause. The purpose of his move in These words, let us note, were written in international problems of an economic, so- 1973 and in Cuba’s key role since that time in 1975. It is now 34 years later. They are as rel- cial, cultural, or humanitarian character, the anti-Israel effort at the UN was to build evant today as they were then. Our mission and in encouraging respect for human rights a strong bloc at the UN of opponents of the to the UN lacks the needed back-up in the and for fundamental freedoms.’’ United States. He was aware of the fact that capitals of UN member states. While the Security Council was hamstrung between 1959 and 1972, the membership of the That back-up is needed because of the vast- by the Soviet Union’s ‘‘nyet’’ to efforts to United Nations had increased by more than ly different manner in which our mission op- maintain peace, the democracies, consti- 60%, from 82 to 132. 35 of the additional 50 erates when compared to our principal oppo- tuting a majority of the General Assembly in members belonged to the Organization of the nents. Once a Cuban diplomat is assigned to the early years of the UN, went to work to Islamic Conference, which had been founded the UN he stays there and, over the years, implement paragraph 3. In 1946, following up in 1969, or were newly-independent African truly learns the business of multilateral di- on the Charter’s promise that the UN would states, or both. What Castro was well aware plomacy. As he continues in the UN system, promote respect for human rights, the As- of was that by breaking ties with Israel, he he watches his counterparts from other sembly established the UN Human Rights would be able to get Qaddafi’s help in lining countries arrive, begin to learn the routine, Commission. Under the leadership of Eleanor up the votes of the Organization of the Is- and then depart as their tour of duty at the Roosevelt, the Commission promptly went to lamic Conference. But there was still the UN comes to an end, and they are replaced work on drafting the document which be- question of how to reach out to those African by a new set of diplomats who have to learn came known as the Universal Declaration of states that did not belong to the OIC. the UN routine from scratch. Human Rights. The Universal Declaration, It did not take the Castro and Qaddafi alli- There is another aspect to the Cuban per- reflecting fully the thoughts of John Locke, ance very long to find an answer to that formance. While there are missions to the as expressed in 1689 in his ‘‘Two Treatises of question. Only weeks after the September UN that operate under specific instructions Government’’ and incorporated a hundred 1973 NAM summit, the General Assembly from their respective governments, there are years later into the French Declaration of considered a resolution that called for more many other missions that receive no specific the Rights of Man and the Citizen and into pressure on South Africa to end the apart- instructions, allowing their representatives the U.S. Bill of Rights, spelled out with spec- heid regime. The clique that had begun to at the UN to make their own decisions on ificity precisely what was meant by the term manipulate the UN chose Burundi to offer an how to vote. It is that aspect of the UN sys- ‘‘human rights.’’ It is appropriate to note amendment which referred to ‘‘the unholy tem that has been fully utilized in building that in 1948, when the Universal Declaration alliance between Portuguese colonialism, the anti-democratic bloc. For one, arrange- was adopted by the UN General Assembly by South African racism, Zionism and Israeli ments are made for missions to be rewarded the affirmative vote of 48 of its 56 members, imperialism.’’ The amendment was adopted for their cooperation by being elected to po- no member voted ‘‘no.’’ Eight members, 6 So- by a two-to-one majority. By linking Zion- sitions in the UN system that are of special viet bloc states plus Saudi Arabia and South ism with South African racism, many of the interest to them. For another, an informal Africa abstained. non-Muslim states of Africa were brought job placement service operates at the UN In these early years of the UN’s existence, into the new alliance. This was the first shot that enables relatives of cooperating dip- the General Assembly also created other en- in the drumfire that has continued at the UN lomats to obtain jobs in the UN Secretariat. tities whose task it was to implement the to this very day. As one diplomat once put it to me: ‘‘After UN’s commitment to humanitarian work, The government of Burundi of those days you have been at the UN for a little while, such as the World Health Organization, the brought truly unique qualifications to the you start playing the UN game and you for- United Nations Children Fund, and the Office discussion of racism. In the preceding year, get about your country.’’ of the United Nations High Commissioner for the army of Burundi, led by Tutsis, had There is more to it than that. I recall an Refugees, all three of which have done highly killed about 100,000 Hutus, for no reason incident from the time in which I rep- useful work in their respective fields and are other than their ethnicity. I should add that resented the United States in the UN Human functioning well to this day. Burundi is a vastly different country today. Rights Commission. Having done the needed The truly creative period of the UN Gen- In recent years its voting record on Israel-re- parliamentary work, I had gotten a resolu- eral Assembly came to an end around 1970. It lated issues at the UN has been one of the tion adopted that the Cubans had opposed. came to an end as a result of the extraor- better records. Still, the Burundi initiative Immediately following the vote, the Cuban dinarily clever maneuvering of the totali- of 1973, undoubtedly initiated by the anti- representative rose to accuse me of having tarians represented at the UN and the failure democratic clique, was the first effort to use bribed some of the representatives so that of the democracies to match their clever ma- the issue of Israel to bring sub-Saharan Afri- they would vote with the United States. nipulations. From the founding of the UN can states into the anti-democratic bloc at After the meeting had adjourned, I asked until the 1960s, the Soviet bloc had consist- the UN. colleagues from other missions whether that ently been outvoted by the democracies at In the memoir of his year at the UN, enti- really happens at the UN. They all thought I the UN. That was now to come to an end. tled A Dangerous Place Pat Moynihan was terribly naı¨ve. ‘‘Of course it happens,’’ As it was, the diplomats representing the quotes from a letter that he had received they said. ‘‘The Cubans do it all the time. So Soviet Union and its East European sat- from Leon Gordenker, a professor of inter- do the Libyans.’’ ellites at the United Nations lacked the fi- national relations at Princeton and an ex- I am sure you agree that we should not pay nesse needed to succeed in a parliamentary pert on the United Nations, who had called bribes to ambassadors. But I have not found setting in which mere bluster would not suf- Moynihan’s attention to the Burundi initia- it easy to understand why we were under spe- fice to win votes. But they found a close ally tive in the fall of 1973. In 1975 Gordenker cific instructions at the UN never to suggest who had the skills needed to build a new ma- wrote Moynihan to complain about the fail- any relationship between U.S. foreign assist- jority bloc in the United Nations General As- ure of the United States to engage in a con- ance and UN voting. I recognize that we sembly. It was Fidel Castro. certed effort at the UN to win votes: ‘‘Surely should understand why Egypt or Pakistan

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A23AP8.042 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E965 would vote against the U.S. at the UN, but details to underline the validity of Moy- want to offer to these pessimists is that why, for example, should we not make it nihan’s observation that our side does not do while we can clearly identify the symptoms clear to the Philippines or Vietnam, which the needed parliamentary spade work at the of the disease from which the UN suffers, it during the current fiscal year receive about UN. That is, as noted, in sharp contrast to is a disease from which it can be cured. What $100 million, each in U.S. foreign assistance the extraordinarily effective work done by is needed is for the governments of the de- that our resources are limited and that these the Cubans to this day. My guess is that they mocracies, particularly of the United States, limited resources will, in the first instance, were well aware of the two-thirds majority to engage in more effective parliamentary be made available to states that are prepared requirement and worked hard to attain that work at the UN. to reciprocate our friendship? result. Let us take a look at the roll calls on the During my stay at the UN I also learned I have described how the Zionism is racism two votes that I have cited the 1975 Zionism how the leaders of the anti-democratic forces campaign got started. Now let us move fast is Racism vote and the 2007 Durban II fund- transmit their voting instructions to their forward to December 22, 2007, when the UN ing vote. On the first of these the ‘‘no’’ vote following. The explanation that democratic General Assembly had before it a resolution was 32.7%. On the second it was 30.5%, an in- members of the NAM or the G–77 offer to ex- that authorized the allocation of about $7 significant difference in the percentages. As plain their anti-democratic votes is that million to fund the operation of a com- we look at this almost imperceptible change they vote the NAM or the G–77 ‘‘consensus.’’ mittee, chaired by Libya, whose task it was in percentages, we should note that the Free- That raises the question of how that con- to prepare Durban II. The resolution passed dom House categorizations for 1975 and 2007 sensus is reached. by a vote of 105 to 46. The fact that the ‘‘no’’ show a wholly different pattern. In 1975, I was offered an explanation by an ambas- vote fell only slightly short of one-third plus Freedom House classified 27% of the UN sador from a NAM state with whom I was 1 is important because the resolution raised membership as free. In 2007 the percentage of having lunch. In the course of our conversa- a budgetary question and resolutions that free countries was 46%, a major increase. tion he asked me whether I knew how the raise budgetary questions require a two- Why was that difference not reflected in NAM consensus was formed. When I told him thirds majority for adoption. If we had the votes on the two resolutions? Our side that I did not know, he said: ‘‘You know, we picked up 7 of the 41 abstentions or absences, had indeed picked up Eastern Europe’s new used to be on the other side.’’ By that he Durban II would not have been funded. democracies. But we had lost the support of meant on the pro-Soviet side. He continued Now let us take a look at how Durban II many Latin American, Caribbean, and Afri- by telling me that on the day preceding any came about by comparing the December 2007 can states, most of them fellow-democracies. meeting of the NAM caucus, which had 101 vote to the Zionism is Racism vote of No- The additional votes cast for our side were members at that time, the friends of the So- vember 1975. Here is what we find: not the result of any diplomatic effort on our viet Union, about 17 or 18 states, would have (1) Most of the Western states once again part. They reflected the political beliefs of a special meeting. When they were all assem- voted ‘‘no,’’ although a few, Liechtenstein, the new East European democracies. The de- bled, a small group would enter the room, al- New Zealand, Norway, and Switzerland mocracies whose votes we lost, on the other ways including Cubans. That group would switched to ‘‘abstain.’’ hand, were lost as a result of a failure on our then give out instructions on how the assem- (2) The 25 Western states have now been part to engage them fully on UN issues, com- bled representatives should act when they joined by 18 East European states, some of bined with the extraordinarily clever manip- met the next day at the meeting of the full which had voted ‘‘yes’’ in 1974. Others had ulation by the other side. NAM caucus. Each representative would be not been in existence then, having been re- So, as we watch Durban II unfold, let us assigned a specific task, to make a motion publics of the Soviet Union or Yugoslavia. keep in mind that effecting change at the UN on a position to be taken by the NAM, to be Three Asian UN members also voted ‘‘no.’’ is not a hopeless cause. The percentage of the first speaker in support of a motion, or They were South Korea, the Marshall Is- UN member states that Freedom House clas- to be the second speaker in support. Then, lands, and Palau. sifies as ‘‘not free’’ is down to 22%. Under the next day, when the full caucus met, the (3) Most of the Latin American, Caribbean these circumstances should it not be possible whole scenario would be played out. My col- and African states that had voted ‘‘no’’ on for the democracies to return the UN to the league concluded his account of NAM proce- ‘‘Zionism and Racism’’ in 1975 voted for fund- principles spelled out in the Charter? I sub- dure by saying: ‘‘And there sits the silent ing Durban II in 2007. mit it can be done if the United States Gov- majority and just goes along.’’ As we make this comparison between the ernment will commit itself to spend the time To return to the events following the 1973 1975 vote and the corresponding 2007 vote, we and energy needed to attain that goal. And it Burundi amendment to the anti-apartheid need to note that in the interim, in 1991, the is our task, as citizens, to urge our Govern- resolution: as we so well know, having devel- Zionism is Racism resolution was repealed ment to do just that. oped the theme of correlating Zionism with by a vote of 111 to 25. The repeal was the re- Let me conclude my remarks by expressing apartheid, the other side did not let go. At sult of a major effort, undertaken by the the thanks of all of us assembled here to the International Women’s Year Conference then Assistant Secretary of State for Inter- those whose idea it was to arrange for this in July 1975 in Mexico City a resolution was national Organizations, John Bolton. The counter-conference and who did the nec- adopted which called for the elimination of substantial margin of victory for our side essary organizational work. All of us who be- Zionism, apartheid and racial discrimina- was also the result of the fact that the So- lieve in the fundamental principles on which tion. The news from Mexico City focused, of viet bloc had dissolved, the Soviet Union was the United Nations were founded need to course, on the emphasis that had been placed disintegrating, and the anti-democratic coa- stand up against those who are fully engaged on the rights of women. But it was in that lition at the UN was in utter disarray. in efforts to subvert them. That is what this setting, a setting that emphasized the need But this disarray did not last long. The counter-conference is doing. And we shall for progress for women that another totally anti-democratic forces at the UN quickly re- overcome! unrelated step had been taken in the Zion- gained their footing and were soon again in ism is racism campaign. Then, in November full operation. While they used to fly the flag f of that year that formula was made UN doc- of the Non-Aligned Movement in earlier dec- HONORING STEVEN MICHAEL trine by the UN General Assembly by its ades, they now sail under the flag of the KINNAMAN adoption of the ‘‘Zionism is Racism’’ resolu- Group of 77. There is only one significant dif- tion, by a vote of 72 to 35 with 32 abstaining. ference between the NAM and the G–77. Confirming the bargain that had been China does not belong to the former, but be- HON. SAM GRAVES struck, the new controlling alliance put to- longs to the latter. In fact the G–77 calls OF MISSOURI gether by Castro and Qaddafi furnished 68 of itself now the ‘‘Group of 77 and China.’’ IN THE HOUSE OF REPRESENTATIVES the 72 affirmative votes. Brazil and Mexico, China has become an increasingly significant Cyprus and Malta provided the remaining player in the anti-democratic camp at the Thursday, April 23, 2009 four. A majority of the ‘‘no’’ votes was pro- UN. Mr. GRAVES. Madam Speaker, I proudly vided by the Western Group, but the Western China, incidentally, is one country that pause to recognize Steven Michael Kinnaman Group was joined by Latin American, Carib- has no history of antisemitism. On the con- bean and sub-Saharan African states. In ad- trary, Chinese intellectuals see parallels be- a very special young man who has exempli- dition, many of these non-Western states ab- tween their ancient culture and the ancient fied the finest qualities of citizenship and lead- stained. culture of the Hebrews. China has also excel- ership by taking an active part in the Boy What deserves mention is that if Mexico lent trade relations with Israel. But at the Scouts of America, Troop 145, and in earning had voted ‘‘no’’ rather than ‘‘yes’’ or if Co- UN, China consistently votes against Israel. the most prestigious award of Eagle Scout. lombia and Guatemala had joined the United It does so because it is an integral part of Steven has been very active with his troop States in voting ‘‘no’’ rather than abstain- the group of member states that use the UN participating in many scout activities. Over the ing, the resolution would have been adopted to embarrass the democracies. many years Steven has been involved with only if the General Assembly had voted that As we watch the totalitarians at work in the resolution was not ‘‘important.’’ That is Geneva, using the UN umbrella in their at- scouting, he has not only earned numerous so because with these minor vote changes, tacks on the basic principles on which the merit badges, but also the respect of his fam- the resolution would not have received the UN was founded, it is understandable that ily, peers, and community. two-thirds vote required by the Charter for there are many observers who are prepared Madam Speaker, I proudly ask you to join important resolution. I am mentioning these to give up on the UN. The response that I me in commending Steven Michael Kinnaman

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.043 E23APPT1 jbell on PROD1PC69 with REMARKS E966 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 for his accomplishments with the Boy Scouts tutions and their dedicated staff play in sup- CELEBRATING THE CORNBREAD of America and for his efforts put forth in porting our communities. On April 22, 2009, FESTIVAL OF SOUTH PITTS- achieving the highest distinction of Eagle the House of Representatives passed H. Res. BURG, TENNESSEE Scout. 336, supporting the goals and ideals of Na- f tional Library Week and encouraging Ameri- HON. LINCOLN DAVIS cans to take full advantage of these wonderful OF TENNESSEE 75TH ANNIVERSARY OF THE STAF- public resources. IN THE HOUSE OF REPRESENTATIVES FORD CONNECTICUT FIRE DE- In Oregon, we pride ourselves on our strong Thursday, April 23, 2009 PARTMENT NO. 1 community and a commitment to quality of life and education. Public libraries are a vital piece Mr. LINCOLN DAVIS of Tennessee. Madam HON. JOE COURTNEY of this fabric and, in fact, Oregon has the sec- Speaker, I rise today to congratulate the peo- ple of South Pittsburg, Tennessee on their OF CONNECTICUT ond highest circulation of public library mate- 13th annual National Cornbread Festival. In IN THE HOUSE OF REPRESENTATIVES rials in the nation and the only 5-star library in the Northwest. As the economic downturn has 1996, a group of residents in this small city of Thursday, April 23, 2009 pushed family budgets to the brink, these re- 3,500 decided to take action to promote eco- Mr. COURTNEY. Madam Speaker, I rise sources are more important than ever. In addi- nomic activity, which had waned as sur- today to honor the 75th Anniversary of the tion to public reading and visual materials, li- rounding areas developed and a newly con- Stafford, Connecticut Fire Department No. 1. braries offer Internet and computer access for structed highway directed traffic away from For 75 years the men and women of this de- all, free of charge. Many also serve as com- South Pittsburg’s local businesses. The goals of the Cornbread Festival were to partment have dedicated themselves to pro- munity spaces for gatherings and events. promote the unique sights, sounds, tastes, tecting the people and the community in which Another library that deserves recognition is and history of South Pittsburg and, Madam they serve. our very own Library of Congress. In 2008, to Speaker, they have done a fine job. Each While the department was not formally in- highlight the world-class work of this institution year, during the last weekend in April, people corporated until November 11, 1936, it began I formed the Library of Congress Caucus, now nearly 50 Members strong. I have the distinct have traveled from across the country and its work in Stafford on May 10, 1934 in the B. around the world to take part in the vibrant honor of co-chairing this bipartisan organiza- Schwanda and Sons button factory. The eight heritage of southeast Tennessee. This festival, tion with my friend Congressman ZACH WAMP. founding members later began meeting in an which has been featured several times in na- Our goal is to draw further attention to the na- unused garage and dance hall that later be- tional publications and on the Food Network, tion’s library, its collections and curators, and came incorporated into station 145. While celebrates the southern delicacy of cornbread membership grew over the next ten years, a to encourage further use by Members of Con- and the culture that surrounds it. Local artists shortage of able bodied men during World gress and the public alike. and musicians keep the region’s great tradi- The Library of Congress not only houses War II forced the department to allow mem- tions alive. Visitors can also see the great his- the much-appreciated Congressional Re- bers of the Junior Fire Department over the tory of the local cast-iron industry around age of 14 to join the full department. search Service, it also offers 1.6 million visi- which South Pittsburg grew, and which still In June 1949, a committee was formed to tors access to 15 million primary-source docu- produces the skillets used to make the world’s begin work on plans for a new firehouse lo- ments and operates the Veteran’s History best cornbread. cated on Colburn Road. Just a few years later, Project and the Surplus Books Program. One Most importantly, Madam Speaker, this fes- this new department was built to house the of my favorite programs, the Surplus Books tival has made a great contribution to the com- members, vehicles and equipment. That struc- Program is an innovative book donation pro- munity that created it and continues to run it. ture is still used to this day as the home base gram, through which Members may send li- Proceeds from the National Cornbread Fes- for the ET–145, ET–245, Rescue 145, For- brary materials to the schools and libraries in tival have been used to landscape streets, estry 145, Service 145 and Marine 145. In their home district. At a time when funding for help build athletic fields, and support Boy 1953, the department won first prize in a libraries is scarce, this is a simple way to re- Scouts, schools, daycares, and libraries. It statewide contest conducted by the Hartford duce book waste and distribute excess re- serves as an economic driver which has County Mutual Fire Insurance Company as the sources to our communities and schools helped to revitalize downtown South Pittsburg volunteer department with the most improved where they are needed most. and its local businesses. It is a true testament facility with the best fire prevention program I strongly encourage members to take ad- to the power of community involvement and available. vantage of these extraordinary programs and self-determination. In March of 1956, under the leadership of resources, and congratulate all our nation’s li- Madam Speaker, I congratulate South Pitts- then chief Benjamin Muzio, the Auxiliary of the braries, librarians, and library-enthusiasts. burg on a thirteenth year of what I hope will Stafford Fire Department No. 1 was organized f be a longstanding tradition. I encourage my to assist the department with fundraising ef- CHRISTOPHER ALLEN CARPENTER colleagues and the American people to take forts to acquire necessary equipment and sup- note of the National Cornbread Festival and to plies. Through the years, the Auxiliary has HON. SAM GRAVES consider a trip to see what’s cooking in South raised funds through a variety of events in- Pittsburg, Tennessee. OF MISSOURI cluding the annual chicken BBQ that draws f IN THE HOUSE OF REPRESENTATIVES people from communities far and wide every Thursday, April 23, 2009 HONORING THE 34TH ANNIVER- year. SARY OF THE FALL OF SAIGON The men and women of this department Mr. GRAVES. Madam Speaker, I proudly have put their lives on the line for the past 75 pause to recognize Christopher Carpenter of years and they deserve our thanks and praise. Kansas City, Missouri. Christopher is a very HON. GERALD E. CONNOLLY On behalf of the people of Connecticut’s Sec- special young man who has exemplified the OF VIRGINIA ond Congressional district, I want to thank you finest qualities of citizenship and leadership by IN THE HOUSE OF REPRESENTATIVES for your service. taking an active part in the Boy Scouts of Thursday, April 23, 2009 f America, Troop 260, and earning the most Mr. CONNOLLY of Virginia. Madam Speak- prestigious award of Eagle Scout. er, it is my honor to rise today to recognize a ACKNOWLEDGING AND COM- Christopher has been very active with his day of great historical significance to my con- MENDING NATIONAL LIBRARY troop, participating in many scout activities stituents and this nation. WEEK and 29 merit badges. Over the many years On April 30, 1975, the city of Saigon fell to Christopher has been involved with scouting, communism. This day was a somber day HON. EARL BLUMENAUER he has not only earned titles such as Den marked by hardship and loss of life for both OF OREGON Chief and Patrol Guide, but also the respect of Vietnamese and Americans. Thousands of IN THE HOUSE OF REPRESENTATIVES his family, peers, and community. people fled Vietnam by boat from the late Madam Speaker, I proudly ask you to join 1970s to the mid-1980s. One half of those Thursday, April 23, 2009 me in commending Christopher Carpenter for who fled by boat did not survive the journey. Mr. BLUMENAUER. Mr. Speaker, from April his accomplishments with the Boy Scouts of Indeed, many Vietnamese-Americans come 12–18, 2009, our nation celebrated National America and for his efforts put forth in achiev- from a line of brave folks who left an oppres- Library Week and the vital role that these insti- ing the highest distinction of Eagle Scout. sive regime to search for freedom. Citizens of

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.019 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E967 Vietnamese descent form a key, politically ac- tice presented Gill Beck with its highest award, others, whether in his hometown and state or tive group of Americans. They truly know the the Attorney General’s Distinguished Service more than half a world removed, are exem- meaning of the term ‘‘American,’’ and they Award, for his initiative and success in one plary. I am happy to convey my personal best value freedom, democracy, and liberty. such action that recovered more than $180 wishes to General Beck and his family and My constituents, as part of the Vietnamese million for taxpayers. ask that you and our colleagues in the House Community in Virginia, Washington DC, and Since completing his initial active duty tour join me in recognizing BG Beck not only on Maryland, will commemorate the 34th Anniver- in the Army, Gill Beck has continued his mili- the occasion of his fitting selection as Appa- sary of the Fall of Saigon on Saturday. And tary service as an Officer and Judge Advocate lachian State University’s Distinguished Alum- so, Madam Speaker, it is with great pride that in the U.S. Army Reserve. In a promotion nus of the Year for 2009, but also for his life- I submit into the CONGRESSIONAL RECORD a ceremony at Fort Myer, Virginia, in December time of service and commitment to others. statement of recognition of this historic day. 2008 that was presided over by the Judge Ad- f I ask my colleagues to join me in recog- vocate General of the Army, Lieutenant Gen- COMMENDING PAUL MCGILL OF nizing the significance of this day. eral Scott C. Black, Beck ‘‘pinned on’’ the rank HUNTERDON COUNTY f of Brigadier General after being nominated by President Bush and being confirmed by the HONORING BRIGADIER GENERAL United States Senate. In an investiture cere- HON. LEONARD LANCE GILL P. BECK mony that day, BG Beck was also installed as OF NEW JERSEY the Chief Judge, U.S. Army Court of Criminal IN THE HOUSE OF REPRESENTATIVES HON. HOWARD COBLE Appeals (IMA), U.S. Army Legal Services Thursday, April 23, 2009 OF NORTH CAROLINA Agency (USALSA). Mr. LANCE. Madam Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES BG Beck’s previous military assignments in- commend Paul McGill of Hunterdon County for clude Commander, 12th Legal Support Orga- Thursday, April 23, 2009 his outstanding efforts on behalf of the Shan- nization, Staff Judge Advocate Task Force non Daley Memorial Fund. The Shannon Mr. COBLE. Madam Speaker, I rise today to 134 (Operation Iraqi Freedom), Staff Judge Daley Memorial Fund was established by ap- recognize Brigadier General (BG) Gill P. Beck, Advocate, Deputy Staff Judge Advocate, and proximately 70 Hunterdon County members of who has been selected by Appalachian State Brigade Judge Advocate, 108th Division (Insti- the Readington Men’s Basketball League who University’s (ASU) Alumni Association to be tutional Training), and a total of thirteen years came together to raise money and support for the sole recipient of its 2009 Distinguished on active duty with tours in the 1st Infantry Di- families of children suffering with catastrophic Alumnus Award in a ceremony to be held this vision, 3d Armored Division, 82nd Airborne Di- illnesses. Saturday, April 25, 2009, at the Broyhill Inn in vision, and Litigation Division (USALSA). On Friday, April 24, 2009, Paul McGill will Boone, North Carolina. Madam Speaker, during his 2005 tour of be recognized by the United Way of General Beck was selected for this honor duty in Iraq, then-Colonel Beck and his family Hunterdon County as their Community Volun- due to his remarkable record of leadership provided an illustration of just how important teer of the Year. The evening will celebrate and service to the public in both his profes- the initiative and contributions of individual Paul’s volunteerism and recognize his sional and military careers, and for his many members of our armed forces and their mili- achievements as the officer and chief oper- contributions to civic and charitable causes in tary spouses ‘‘back home’’ are to the success ating officer for the Shannon Daley Memorial his community. of our military operations and humanitarian en- Fund. A third-generation Mountaineer and third- deavors abroad. What began as a simple per- Paul has devoted significant portions of his generation North Carolina attorney, Gill Beck sonal request to his wife, Mary Jo, to send personal time to insure the continued success attended Appalachian State from 1974 to 1978 toys, trinkets and candy to present to the Iraqi of the charity—which includes a significant on a football and academic scholarship. De- children turned quickly into a community-wide amount of time devoted to fundraising. In addi- scribing himself as ‘‘the slowest quarterback in effort. ‘‘Operation Toy Drive,’’ which was co- tion to fundraising, Paul provides extensive the state’’ in high school, he showed his ordinated by Mary Jo and her friend, Hillary leadership for the Shannon Daley Fund and ‘‘coachability’’ by switching positions and play- Bouknight, resulted in the collection of tens of has developed close personal relationships ing center in college. Three years later, he thousands of items that were transported by a with Hunterdon County residents and busi- was named team captain and distinguished U.S. based charity, Operation Give, and nesses to support the cause. He has done himself as the team’s best blocker. A three shipped by FedEx (without charge I might and continues to do an outstanding job to help time All-Southern Conference first-team selec- add) to the U.S. military for distribution by our families in need. tion, he was selected as ASU’s athlete of the U.S. service men and women to the children For those who know Paul, he is a true inspi- year during his senior year. of Iraq. Indeed, not only did Mary Jo orches- ration, an exemplary volunteer and an out- While at ASU, he distinguished himself aca- trate the effort but the entire Beck family, in- standing community leader. Paul McGill has demically as well, making the Chancellor’s List cluding his sons, Gill Jr. and Jon, got into the truly made a difference in the lives of so many all eight semesters, twice being named an act. In addition to collecting toys from others, families in Hunterdon County and I am proud Academic All-American, graduating second in Jon even donated a bear he had received for of his efforts. his class with a 3.98 grade-point average and his birthday. I am pleased to share the good deeds of earning an Army ROTC scholarship to study Before concluding my remarks, I’d also like Paul McGill with my colleagues in the United law at Duke University in Durham, North Caro- to make mention of BG Beck’s outstanding States Congress and with the American peo- lina. After graduating with High Honors from commitment to his profession and voluntary ple. law school, he entered the Army JAG Corps, service with the N.C. Bar Association (NCBA). f where he spent the next six years on active He has served as a member of the Board of IN RECOGNITION OF BARONESS duty and represented the Army in a wide vari- Governors of the NCBA, past Chair of the CAROLINE COX OF QUEENSBURY ety of litigation matters. NCBA’s Government and Public Sector Sec- A resident of Greensboro, Beck has served tion, and while deployed to Iraq in 2005, was as an Assistant United States Attorney in the selected to receive the association’s Govern- HON. GARY C. PETERS OF MICHIGAN Middle District of North Carolina since 1992. ment and Public Sector’s Distinguished Attor- IN THE HOUSE OF REPRESENTATIVES He currently serves as the Chief of the Civil ney Award as North Carolina’s top govern- Division, United States Attorney’s Office, ment and public sector attorney. In describing Thursday, April 23, 2009 where he is responsible for directing all civil why he was chosen for the award, Linda Mr. PETERS. Madam Speaker, I rise to rec- litigation against or for the United States within Miles, the city attorney of Greensboro stated, ognize The Honorable Baroness Caroline Cox the United States District Court for the Middle ‘‘Gill Beck embodies all of the virtues of a pub- of Queensbury on the occasion of her visit to District of North Carolina, as well as pros- lic servant. He is a person of integrity, honesty Michigan during the week of April 24, the day ecuting criminal forfeitures that involve drug or and loyalty in his service to his country in set to commemorate the 1915 commencement money laundering offenses. As a federal pros- every way.’’ of the genocide of the Armenian peoples. Dur- ecutor, he has spearheaded a number of high- Madam Speaker, in closing, I would just ing her visit, Baroness Cox continues her tire- profile civil actions, including several that in- note that BG Beck and his family are among less mission to educate and promote aware- volve the fight against fraud and whose reso- those who represent the best of America. His ness of the present-day status of the Arme- lution protected the rights and interests of tax- dedication to duty, reputation for integrity, and nian population of Nagorno-Karabakh and op- payers. In 1997, the U.S. Department of Jus- commitment to improving the well-being of pressed peoples around the world.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\K23AP8.023 E23APPT1 jbell on PROD1PC69 with REMARKS E968 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 In particular, Baroness Cox will be visiting unions and employers to avert discrimination This honor is awarded to undergraduate stu- Oakland University in Michigan’s 9th District in the workplace. dents who exemplify leadership in their com- where she will lecture and celebrate the Uni- Madam Speaker, LULAC Council #10 has a munities and boast a record of outstanding versity’s Institute for Research, Education & proud history and its members have made achievements in service. This is the fifth con- Advocacy for Children’s Health—R.E.A.C.H. great contributions to Davenport and our coun- secutive year that a student from Ohio Wes- The mission of R.E.A.C.H. furthers and em- try. I congratulate Council #10 on their 50th leyan University has received the Ping Award. bodies the life’s work of Baroness Cox. Using anniversary. This is proof of the University’s commitment to her formal educational training in nursing, so- f conveying the importance of service-learning ciology and economics, Baroness Cox has to their students. been a prolific author and advocate of human HONORING THE TOWN OF Paola Grullon is a member of Ohio Wes- rights around the globe. The Humanitarian Re- CULPEPER, VIRGINIA ON ITS leyan University’s Class of 2010. Paola re- lief Trust which she established in 2005 pro- 250TH ANNIVERSARY cently completed an internship with Dela- vides resources, aid and training to peoples ware’s Woodward Family Resource Center, living in extreme poverty and under oppres- HON. ERIC CANTOR and organization that provides outreach oppor- sion. She is known for her personal and tunities for the city’s Hispanic community OF VIRGINIA hands-on work targeting the ‘‘no-go’’ areas of members. As a pre-med major from the Do- IN THE HOUSE OF REPRESENTATIVES the world to provide humanitarian aid and re- minican Republic, Ms. Grullon has created a lief. Though she spends nearly half her time Thursday, April 23, 2009 strong support network for Delaware’s His- on international missions, she cherishes her Mr. CANTOR. Madam Speaker, I am proud panic community by helping people with trans- role in the British Parliament as the ‘‘voice of to recognize the Town of Culpeper as it cele- lations for numerous medical and utility serv- the voiceless.’’ brates its 250th anniversary this Friday, April ices, government benefit services and child Baroness Cox, I welcome you to Michigan’s 24th, 2009. care assistance. 9th District and salute your untiring and stead- The Town of Culpeper is located at the In addition to her work with the Woodward fast commitment to improving the human con- eastern base of the Blue Ridge Mountains in Family Resource Center, Ms. Grullon volun- dition in some of the most challenging areas the Piedmont River Valley. It has a legendary teers with Grace Free Clinic and St. Mary’s of the world—Sudan, Burma, Nigeria and East history that dates clear back to the American Church. Paola has led fellow students from Timor, among others. We are fortunate that Revolution when a group of local residents or- Ohio Wesleyan on spring break volunteer ex- you have so ardently acted on your ‘‘inherent ganized themselves as the Culpeper Minute periences, inspiring other students to follow tendency’’ to help others and made it your Men Battalion in 1775 and were called upon to her example of leadership and service. life’s mission. Your wise admonition to us all fight in the Revolution and throughout cam- I am pleased to commend Paola Grullon on rings as true today as ever, ‘‘We can’t do ev- paigns in the 19th and 20th Centuries. Both this wonderful achievement as well as Ohio erything . . . however, we can all do some- Confederate and Union troops occupied the Wesleyan University for encouraging service- thing.’’ Town during the Civil War. In fact, during the minded students to give back to Central Ohio f winter of 1863 and 1864, more than 100,000 communities. f HONORING THE LEAGUE OF Union troops occupied the town as its stra- UNITED LATIN AMERICAN CITI- tegic railroad location made it an important COMCAST CARES DAY ZENS (LULAC) COUNCIL #10 supply station for both Confederate and Union troops. The town witnessed more than 100 battles during the war and many homes were HON. DEBBIE WASSERMAN SCHULTZ HON. BRUCE L. BRALEY used for military housing and hospitals. OF FLORIDA OF IOWA After the Civil War, the Town of Culpeper IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES grew to become a thriving regional marketing Thursday, April 23, 2009 hub. Even today the town continues to evolve. Thursday, April 23, 2009 Ms. WASSERMAN SCHULTZ. Madam With a population of approximately 15,000, it Mr. BRALEY of Iowa. Madam Speaker, I Speaker, today I rise to recognize the more has rebuilt itself to become a Virginia Main rise to congratulate the League of United Latin than 1,200 employees from Broward and Street Community with a lively historic down- American Citizens (LULAC) Council #10 from Miami-Dade Counties who will volunteer to town. It was even named once as one of Davenport, Iowa on their 50th anniversary. benefit Samuel Delevoe Park and Oleta River ‘‘America’s Top 10 Small Towns.’’ While LULAC Council #10 was established in State Park on Saturday, April 25th for Culpeper was originally built as an agricultural 1959 to support the strong, multi-generational Comcast Cares Day. economy, today it is an important crossroad Latino community that has thrived in Dav- Volunteers and their families will join to- for business. enport and broader Quad Cities area since the gether to landscape facility grounds, paint and early 1900s. The Council #10 founders’ goals Culpeper residents will celebrate and honor enhance two of Florida’s parks. This event will were to advance the economic conditions, the town’s heritage and 250 years of history mark the eighth annual company-wide day of educational attainment, political participation, with events and activities throughout the year, service. housing, health and civil rights of Latino fami- including a historic costume ball, picnics and Madam Speaker, it is my pleasure to com- lies and workers. At that time it was not un- parades. mend Comcast and its employees for their common for local businesses to discriminate Madam Speaker, please join me in con- service to our community at a time when our against Latino workers, and many Latino chil- gratulating the citizens of Culpeper as they nation faces enormous challenges. dren were falling behind in school because celebrate the town’s anniversary and wishing Families are losing jobs, health care, and their English skills were not adequate. Despite them the best for their continued growth and other key services. Our public needs are these challenges the Latino population made success. growing while our resources for meeting them great strides in the Quad Cities community f are disappearing. while preserving their culture and values. As a mother of three young children, I be- RECOGNIZING PAOLA GRULLON Since its inception, LULAC Council #10 has lieve that service is the lifeblood of this coun- worked with local school districts to create bi- try. lingual education opportunities and English as HON. PATRICK J. TIBERI Volunteers can play many roles. They teach a Second Language programs. These pro- OF OHIO in our classrooms; clean up our waterways, grams have been so successful that they are IN THE HOUSE OF REPRESENTATIVES roads and parks; care for the elderly; and feed now used to help the growing Vietnamese stu- the hungry. All the while, they learn valuable dent population in Davenport. Council #10 Thursday, April 23, 2009 skills that will help them throughout their lives. maintains a local scholarship program to give Mr. TIBERI. Madam Speaker, it is my pleas- I hope that the selfless actions of the Latino students opportunities to continue their ure to congratulate Paola Grullon for receiving Comcast employees and their families will education. The club hosts a senior meal pro- the Charles J. Ping Award. This outstanding serve as an inspiration for other Americans to gram, organizes multiple festivals celebrating accomplishment is a result of Paola’s hard enrich their own lives by helping others and Latino cultures, and works tirelessly with local work and dedication to serving her community. giving back to their communities.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\CR\FM\K23AP8.026 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E969 A TRIBUTE TO ROOT, INC. FOUND- ning the 2009 PSAL Brooklyn West B Division SPEAK OUT AGAINST GENOCIDE ER KENNETH E. BARNES, SR. IN title. On March 27, 2009, co-coaches Alicia PRAISE OF HIS U.S. DEPART- Braswell and Paul Wallace inspired their team, HON. SCOTT GARRETT MENT OF JUSTICE AWARD FOR which was ranked 26th out of 38 through the OF NEW JERSEY HIS DEDICATED ADVOCACY ON bottom half of the bracket to the finals and the IN THE HOUSE OF REPRESENTATIVES BEHALF OF VICTIMS OF CRIME win. What makes this win not only inspiring but historic is that it is the first time a female Thursday, April 23, 2009 HON. BOBBY L. RUSH coach has ever led a team to the men’s divi- Mr. GARRETT of New Jersey. Madam OF ILLINOIS sion title in the history of the tournament. Play- Speaker, April is Genocide Prevention Month. IN THE HOUSE OF REPRESENTATIVES ers Keyon Aigle, Christoph Bristol, Denzel Tuesday, April 21st, marked Holocaust Re- Duchenne, Craig Gooden, Lesner Guerrier, membrance Day. Tomorrow, April 24th, is the Thursday, April 23, 2009 Jamaal James, Raheem Mack, Jaren 94th anniversary of the onset of the Armenian Mr. RUSH. Madam Speaker, today I would Mansano, Kristian Moreno, Alexandre Pages, genocide. These times of commemoration are like to recognize an outstanding American who Jose Perez, Tarik Phillip, Onyma Utti, and sobering, but I firmly believe that it is impor- has worked tirelessly to stem the tide of youth Equipment Manager Cassandra Mark played tant to pause and recall the unnecessary violence that has gripped many communities the Brooklyn way and deserved the admiration deaths of millions of people which occurred in in our country. Kenneth E. Barnes, Sr., M.S., of all of us here. Principal Nick Mazzarella the last century. By reminding ourselves of attended Loyola College in Maryland and, also deserves our respect and admiration for past atrocities, we are encouraged to uphold while working towards his doctoral degree, selecting a female coach to help guide his the value of human life today. tragedy of the worst kind struck—his son, school to the title. This progressive and for- During World War I, the Turkish government Kenneth Barnes, Jr., was murdered. Rather ward-thinking approach to athletic hiring has began an assault on the Armenian people by than do nothing, Mr. Barnes established the paid dividends not only for the Bobcats, but is arresting and killing religious, political, and in- organization Reaching Out to Others Together also another step forward in the fight for gen- tellectual leaders in Istanbul. Then, groups of Inc., or ROOT, Inc. der equality in athletics. I am proud and deep- Armenian men, women, and children were ROOT, Inc. is a non-profit organization com- ly honored to represent Brooklyn College rounded up and forced to march through the mitted to advocacy, education and intervention Academy High School and provide it as an ex- desert. Along the way, the victims were tor- on behalf of victims of gun violence and their ample to all of what’s possible when playing tured, raped, and starved. families. ROOT, Inc.’s mission is to motivate fields are leveled and all are given an oppor- Before and during World War H, Adolph Hit- and mobilize communities to take a proactive tunity to excel regardless of gender. ler attempted to eliminate the Jewish people approach in reducing homicides as well as the f and others whom he considered a threat. He senseless gun violence and youth violence initiated boycotts of Jewish businesses, pro- that plague cities throughout America. Mr. RECOGNIZING THE METROPOLITAN hibited social contact with Jews, and excluded Barnes has conducted workshops and semi- EMERGENCY COMMUNICATION Jews from participation in government, the nars, locally and nationally, as well as testified CENTER arts, and education. Then, Hitler began de- on numerous occasions before the D.C. City porting Jews to internment camps, essentially Council. Mr. Barnes has also worked with my HON. PATRICK J. TIBERI forcing them to complete slave labor. Some office and played an instrumental role in help- OF OHIO were marched to remote areas and murdered. ing me to draft the Communities in Action IN THE HOUSE OF REPRESENTATIVES Eventually, the Germans began a campaign of Neighborhood Defense and Opportunity Bill, or Thursday, April 23, 2009 mass extermination by gassing Jews and CAN DO bill, which also addresses the issue other ‘‘undesirable’’ ethnic, religious, and polit- of gun violence through a community-based Mr. TIBERI. Madam Speaker, it is with great ical groups. comprehensive approach to the problem. pleasure that I rise to recognize the grand Monday, April 20th, marked another historic Madam Speaker, each April since 1981, the opening of the Metropolitan Emergency Com- event. It happened to be the anniversary of Office for Victims of Crime within the U.S. De- munication Center (MECC). This new center Adolph Hitler’s birth. When justifying his perse- partment of Justice has helped lead commu- represents the commitment the participants of cution of the Polish people, Hitler declared nities throughout the nation in their observ- six fire departments in Central Ohio have had ‘‘Who, after all, speaks today of the annihila- ances of National Crime Victims’ Rights Week. to serving their communities. This innovative tion of the Armenians?’’ I, for one, am still Rallies, candlelight vigils, and a host of com- center serves Mifflin, Plain, Jefferson, Truro, speaking about the annihilation of Armenians. memorative activities are held each year to and Violet Townships as well as the City of I am also speaking about the annihilation of promote victims’ rights and to honor crime vic- White Hall. Jews. I encourage my colleagues to join me in tims and those who advocate on their behalf. The state-of-the-art communications center speaking out against genocide. opened on April 16, 2009 in Gahanna, Ohio. This year, Kenny Barnes has been nomi- f nated by the United States Department of Jus- This multi-jurisdictional emergency dispatch tice Office of Victim Services to receive the center for Fire, Rescue and EMS serves six COMMEMORATING THE 94TH ANNI- National Service Award for his work on behalf fire departments and assists over 120,000 VERSARY OF THE ARMENIAN of victims of crime and he will receive this Central Ohioans. In 2008, the MECC handled GENOCIDE prestigious award on April 24, 2009. This is a over 27,000 calls for fire and EMS service. great honor being bestowed upon a great man The opening of this new facility for the MECC HON. HOWARD L. BERMAN and I would like to congratulate Mr. Barnes for offers room for training, meetings, additional OF CALIFORNIA his commitment and dedication to an issue consoles, upgraded technology, and on-site IT IN THE HOUSE OF REPRESENTATIVES support. that is so dear to my heart and the hearts of Thursday, April 23, 2009 millions of others throughout our nation. This partnership improves efficiency, en- hances capabilities, and shares technology to f Mr. BERMAN. Madam Speaker, tomorrow, better serve our community. Emergency re- April 24, marks the 94th anniversary of the be- ACKNOWLEDGEMENT AND CON- sponders have access to the resources they ginning of the Armenian Genocide. I rise today GRATULATORY REMARKS FOR need to best do their jobs because of the in- to commemorate this terrible chapter in human BROOKLYN COLLEGE ACADEMY novative approach to dispatching the Metro- history, and to help ensure that it will never be HIGH SCHOOL BOBCATS BASKET- politan Emergency Communication Center has forgotten. BALL TEAM taken. The MECC allows all six participating On April 24, 1915, the Turkish government fire departments to stay on the cutting edge of began to arrest Armenian community and po- HON. YVETTE D. CLARKE technological developments to better execute litical leaders. Many were executed without OF NEW YORK emergency runs and to serve our Central Ohio ever being charged with crimes. Then the gov- IN THE HOUSE OF REPRESENTATIVES community. ernment deported the overwhelming majority I offer my congratulations to the six commu- of Armenians from Ottoman Armenia, ordering Thursday, April 23, 2009 nities that comprise the Metropolitan Emer- that they resettle in what is now Syria. Most Ms. CLARKE. Madam Speaker, I rise to gency Communication Center and I applaud deportees never reached that destination. congratulate the Brooklyn College Academy their hard work and dedication to preserving From 1915 to 1918, more than a million Ar- High School Bobcats basketball team on win- the safety of Central Ohioans. menians died of starvation or disease on long

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.048 E23APPT1 jbell on PROD1PC69 with REMARKS E970 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2009 marches, or were massacred outright by Turk- signed by President Hamid Karzai. According over 700 volunteers and 55 full-time employ- ish forces. From 1918 to 1923, Armenians to reports in the media and by the United Na- ees responded to 356 local disasters in 2008. continued to suffer at the hands of the Turkish tions, this law would legalize marital rape, strip Their service and assistance directly impacted military, which eventually removed nearly all mothers of custodial rights in the event of a di- the lives of over 470 families in Central Ohio. remaining Armenians from Turkey. vorce, and prohibit a woman from leaving her Educating more than 73,000 individuals We mark this anniversary of the start of the home unless her husband gives his approval. about how to prepare for emergencies and Armenian Genocide because this tragedy for President Obama has called this law ‘‘abhor- training more than 46,000 residents in First the Armenian people was a tragedy for all hu- rent’’ and the UN High Commissioner for Aid, CPR, Water Safety, and other life-saving manity. It is our duty to remember, to speak Human Rights said that the law is ‘‘reprehen- courses the Greater Columbus Chapter of the out and to teach future generations about the sible and reminiscent of the decrees made by American Red Cross is providing much more horrors of genocide and the oppression and the Taliban regime in Afghanistan in the than relief to victims. The benefit of programs terrible suffering endured by the Armenian 1990s.’’ like these provides support to the public be- people. This resolution urges the Afghan Govern- yond times of need. We hope the day will soon come when it is ment and President Karzai to declare these It is my pleasure to recognize the American not just the survivors who honor the dead but provisions unconstitutional, and to not publish Red Cross of Central Ohio for their unrelenting also when those whose ancestors perpetrated the law on the grounds that it violates the and inspiring record of service to the families of Central Ohio. All have produced a safer the horrors acknowledge their terrible respon- Constitution of Afghanistan and the basic place for the residents of Central Ohio to call sibility and commemorate as well the memory rights of women. Additionally, the resolution home. of genocide’s victims. encourages the U.S. Government to address Sadly, we cannot say humanity has pro- the status of women’s rights and security in f gressed to the point where genocide has be- Afghanistan to ensure that these rights are not HONORING THE LIFE AND LEGACY come unthinkable. We have only to recall the being eroded. OF THE HONORABLE IRVING J. killing fields of Cambodia, mass killings in I have long been a champion for the rights STOLBERG Rwanda, ethnic cleansing in Bosnia and of women internationally, but particularly in Af- Kosovo, and the unspeakable horrors in ghanistan. Throughout the country’s turbulent HON. ROSA L. DeLAURO Darfur, Sudan to see that the threat of geno- history, the women of Afghanistan have been OF CONNECTICUT cide persists. We must renew our commitment a source of strength, stability, and peace. IN THE HOUSE OF REPRESENTATIVES never to remain indifferent in the face of such Working with my colleagues, we have ensured Thursday, April 23, 2009 assaults on innocent human beings. that reconstruction aid for Afghanistan in- We also remember this day because it is a cludes support for programs that increase Ms. DELAURO. Madam Speaker, it is with time for us to celebrate the contributions of the women’s access to education, economic op- the heaviest of hearts that I rise today to pay Armenian community in America—including portunities, and health care. We have also tribute to the memory of one of Connecticut’s hundreds of thousands in California—to the worked to increase recognition of the vital role most outstanding public leaders and my dear richness of our character and culture. The women have to play in rebuilding Afghan soci- friend, The Honorable Irving J. Stolberg. After strength they and their immigrant ancestors ety in the wake of violent conflict, and I am a year-long fight, Irv lost his battle with leu- have displayed in overcoming tragedy to flour- pleased that the U.S. government has devoted kemia and Connecticut lost one of its most re- ish in this country is an example for all of us. resources specifically to support the work of spected and beloved public officials. Elected to Connecticut’s House of Rep- Their success is moving testimony to the truth local women-led nongovernmental organiza- resentatives in 1970, Irv served twenty-two that tyranny and evil cannot extinguish the vi- tions, as well as the Afghan Independent years in the General Assembly—a member of tality of the human spirit. Human Rights Commission. virtually every committee and twice elected to The United States has an ongoing oppor- In its current form, the Shi’ite Personal Sta- lead as Speaker. It was during his tenure as tunity to contribute to a true memorial to the tus Law fundamentally contradicts these ef- Speaker that the General Assembly saw its past by strengthening Armenia’s emerging de- forts. We cannot stand by and allow such an greatest transformation with more members mocracy. We must do all we can through aid immense setback to the rights of women and seeing legislating as their primary occupation and trade to support Armenia’s efforts to con- girls in Afghanistan, who have been treated as even though it is considered a part-time posi- struct an open political and economic system. second-class citizens for far too long. For tion and his oversight of the construction of Adolf Hitler, the architect of the Nazi Holo- years, the United States has worked with the the Legislative Office Building which, after its caust, once remarked ‘‘Who remembers the people and government of Afghanistan to re- opening in 1988, gave all legislators their own Armenians?’’ The answer is, we do. And we build the rule of law and promote respect for offices and provided the additional space for will continue to remember the victims of the human rights. Creating a new and better fu- public hearings that our historic Capitol build- 1915–23 genocide because, in the words of ture for the women of Afghanistan is a critical ing could not accommodate. The very char- the philosopher George Santayana, ‘‘Those part of this mission. acter of the General Assembly was changed who cannot remember the past are con- f with the members finding a stronger voice and demned to repeat it.’’ RECOGNIZING THE AMERICAN RED taking a more active role in shaping public pol- f icy. He has been called the ‘‘father of the CROSS OF GREATER COLUMBUS modern legislature’’ and there could not be a INTRODUCTION OF A CONCURRENT more fitting tribute to his legacy. RESOLUTION REGARDING THE HON. PATRICK J. TIBERI His passion for service stretched far beyond SHI’ITE PERSONAL STATUS LAW OF OHIO Connecticut politics. A Professor of Geography IN AFGHANISTAN IN THE HOUSE OF REPRESENTATIVES and African Studies, Irv taught at both South- Thursday, April 23, 2009 ern Connecticut State University as well as HON. CAROLYN B. MALONEY Quinnipiac University. As an Africanist, he did OF NEW YORK Mr. TIBERI. Madam Speaker, I rise today to research in Tanzania, Ethiopia, and Nigeria. IN THE HOUSE OF REPRESENTATIVES recognize the American Red Cross of Greater Most recently, Irv served as the President of Columbus. Praised for its dedication to saving Thursday, April 23, 2009 the Connecticut Division of the United Nations and restoring lives, the American Red Cross Association and was most proud of his pro- of Greater Columbus serves over 1.3 million duction of the widely distributed UNA Calendar Mrs. MALONEY. Madam Speaker, today, residents in Central Ohio. of Peace. He was a member of the UNA along with Representatives BALDWIN, and Having recently celebrated ‘‘Red Cross Board of Directors and in 2006 was elected to BIGGERT, I am introducing a House Concurrent Month’’ during March, I am pleased to high- represent the United States on the Executive Resolution which expresses the sense of Con- light the successes of the American Red Committee of the World Federation of UNAs. gress that the Shi’ite Personal Status Law in Cross of Greater Columbus. As one of the His travels took him to more than 90 coun- Afghanistan violates the fundamental rights of most trusted charities in Central Ohio, this tries—twenty-two visits to China alone. He women and should be repealed. Senator chapter is at the forefront of helping individ- helped to develop training programs at Amer- BOXER is introducing the same resolution in uals and families prevent, prepare for, and re- ican universities for more than 700 Chinese the Senate. spond to large and small scale disasters. Provincial Officials, assisted in the democra- In March the Afghan parliament approved Led by Mary Navarro, Michael Carroll and a tization of Eastern Europe—particularly in Bul- the Shi’ite Personal Status Law which was committed Board of Directors, this group of garia—and had a role in drafting the Brazilian

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.051 E23APPT1 jbell on PROD1PC69 with REMARKS April 23, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E971 Constitution. A recognition of his commitment reconcile differences with foreign nations; and Madam Speaker, last year, over 120 bipar- and contributions to international relations, the need to deter terrorism and keep our na- tisan cosponsors in the House of Representa- President Clinton appointed Irving to the Com- tion safe and secure. All of these challenges tives joined in the effort to create the Public mission on the Preservation of American Cul- will require a professional public workforce, Service Academy. I am encouraged by the ture Abroad where he had the lead responsi- and yet because of shifting demographics our early support of over 25 cosponsors in just a bility for relations with Slovakia, Ukraine, and civil service faces a wave of retirement over few weeks of circulating this year’s proposal. Moldavia. Irv was indeed a global citizen and the next decade that threatens the effective The time to create a United States Public has left an indelible mark not only on our state operation of government. Service Academy is now. I look forward to but across the world. For these reasons, it is critically important working with my colleagues and the commit- Here in Connecticut, Irv was also instru- that Congress provide young Americans with tees of jurisdiction to bring attention to this mental in the establishment of Connecticut the best education and training that will allow issue and make the Public Service Academy Hospice—the first organization of its kind in them to become our nation’s future leaders. a reality. the nation. Connecticut Hospice is dedicated Young Americans are ready to answer the to using a holistic approach in helping patients call. According to the Higher Education Re- f and their families attain an optimum quality of search Institute, approximately 70 percent of life as they cope with irreversible illnesses pro- the 2007 freshman class expressed a desire RECOGNIZING DR. C. BRENT viding the comfort and care that they need in to serve others. Applications to programs like DEVORE their last days. It may also be fitting that it was Teach for America and City Year along with religious missions involving young Americans at Connecticut Hospice, surrounded by family have greatly increased. A 2008 poll conducted HON. PATRICK J. TIBERI and friends, that Irving spent his final days. by Social Sphere Strategies found that 88% of OF OHIO Irv dedicated a lifetime to public service and 18–29-year-olds supported the Public Service IN THE HOUSE OF REPRESENTATIVES forever changed the face of Connecticut poli- Academy, with 57% saying that they ‘‘likely’’ tics. I consider myself fortunate to have been Thursday, April 23, 2009 would have considered applying to the Acad- able to call him my friend. Today, as we re- emy had it been available when they were ap- Mr. TIBERI. Madam Speaker, it is my pleas- member all that Irv contributed to his commu- plying to college. College presidents, news ure to recognize Dr. C. Brent DeVore for his nity and his state, I extend my deepest sym- publications and some of the leading voices in service and tenure at Otterbein College. pathies to his family: his son Robert; former public service—both Democrat and Repub- Dr. C. Brent DeVore has been a tireless ad- wife, Alicia; his brothers, Roger and Frank; lican—have endorsed the creation of the vocate for higher education. Known to his and his sister, Melody. Irving J. Stolberg set Academy. peers as, ‘‘the Dean of Higher Education,’’ Dr. an example for public service to which we Now is the time to tap into American’s re- DeVore has brought a great deal of leadership should all strive and has left a legacy that will newed sense of civic obligation and offer an to Otterbein College throughout his 24 years continue to inspire generations to come. avenue to serve others. Yet, the cost of pur- of service. His service on the boards of 23 na- f suing public service opportunities after gradua- tional and local non profit organizations tion is often prohibitive because college tuition INTRODUCTION OF THE PUBLIC earned him the honor of the President’s Call has increased dramatically in the past dec- SERVICE ACADEMY ACT OF 2009 to Service Award for Lifetime Achievement ade—47 percent at private schools and 63 from the Corporation for National and Commu- percent at public schools. As a result of these nity Service. HON. JAMES P. MORAN soaring tuitions, the average college graduate Otterbein has grown to 3,107 students OF VIRGINIA owes about $20,000, an increase of more than under Dr. DeVore’s guidance. He has im- IN THE HOUSE OF REPRESENTATIVES 50 percent in the past decade. These potential proved retention rates and increased the en- public servants often overburdened by the Thursday, April 23, 2009 dowment from $6 million to $100 million. Not debts of college and university loans, are only have student facilities been renovated, Mr. MORAN of Virginia. Madam Speaker, I forced to choose more lucrative private sector rise today to introduce the Public Service jobs over public service opportunities. but land acquisition has nearly doubled the Academy Act of 2009, which will create the Modeled after the military service acad- size of campus under Dr. DeVore’s direction. first stand alone university dedicated solely to emies, the Public Service Academy will pro- In addition to his work at Otterbein College, producing highly qualified and well-trained ci- vide a four-year, federally-assisted college Dr. DeVore has made a lasting impression on vilian public servants. education for more than 5,000 students a year the community. He has made service a priority The new century has brought immense in exchange for a five-year commitment to of the college and student life. Last year challenges that require strong and prepared, public service in areas such as education, alone, Otterbein students donated over 32,000 competent and committed public servants. On public health, law enforcement, and local, hours of community service to Central Ohio. the eve of the retirement of the baby-boom state and the federal government. With its Nearly 70 percent of the student body has generation, our nation presses for a new gen- mission critical to the health of our public serv- participated in service projects throughout the eration of teachers, firefighters, and federal ice, the Academy will strive to recruit the top community. Otterbein’s generous service to employees to fill the potential void these retir- students and faculty from around the United the community earned Otterbein College the ees will leave. Our civil servants will have to States, require intensive courses in leadership President’s Award for General Community address the need to finance entitlement costs and public service, and eventually help place Service in February 2008 from the White in an age of trillion dollar deficits; the need to students in positions throughout the public House. educate and train a workforce that can com- sphere. Moreover, by providing students with For his years of service at Otterbein College pete and prosper in a global economy; the a federally-funded education, the stress of and consistent hard work toward the better- need to provide quality affordable healthcare; debt would be eliminated, and their commit- ment of our higher education system, I com- the need to protect and preserve the planet’s ment to the public service sector for at least mend Dr. C. Brent DeVore upon his retire- fragile environment; the need to negotiate and five years could lead to lifelong service. ment.

VerDate Nov 24 2008 04:47 Apr 24, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.053 E23APPT1 jbell on PROD1PC69 with REMARKS Thursday, April 23, 2009 Daily Digest Senate under the False Claims Act for purposes of compen- Chamber Action sating private intervenors to the greater of Routine Proceedings, pages S4603–4705 $50,000,000 or 300 percent of the expenses and cost Measures Introduced: Twenty-four bills and four of the intervenor. Pages S4604, S4609–11, S4617 resolutions were introduced, as follows: S. 871–894, Pending: S. Res. 111–113, and S. Con. Res. 19. Reid Amendment No. 984, to increase funding Pages S4669–70 for certain HUD programs to assist individuals to better withstand the current mortgage crisis. Measures Reported: Page S4604 Special Report entitled ‘‘Report on the Resolution Inhofe Amendment No. 996 (to Amendment No. (S. Res. 73) Authorizing Expenditures by Commit- 984), to amend title 4, United States Code, to de- tees of the Senate’’. (S. Rept. No. 111–14) clare English as the national language of the Govern- Page S4668 ment of the United States. Page S4604 Measures Passed: Vitter Amendment No. 991, to authorize and re- National Adopt A Library Day: Senate agreed to move impediments to the repayment of funds re- S. Res. 113, designating April 23, 2009, as ‘‘Na- ceived under the Troubled Asset Relief Program. Page S4604 tional Adopt A Library Day’’. Pages S4704–05 Boxer Modified Amendment No. 1000, to author- Authorizing the Use of Emancipation Hall in ize monies for the Special Inspector General for the the Capitol Visitor Center: Senate agreed to H. Troubled Asset Relief Program to audit and inves- Con. Res. 86, authorizing the use of Emancipation tigate recipients of non-recourse Federal loans under Hall in the Capitol Visitor Center for the unveiling the Public Private Investment Program and the of a bust of Sojourner Truth. Page S4705 Term Asset Loan Facility. Pages S4604, S4616–17, S4631 Acceptance of a Statue of Ronald Wilson Coburn Amendment No. 982, to authorize the Reagan: Senate agreed to H. Con. Res. 101, pro- use of TARP funds to cover the costs of the bill. viding for the acceptance of a statue of Ronald Wil- Page S4604 son Reagan from the people of California for place- Thune Amendment No. 1002, to require the Sec- ment in the United States Capitol. Page S4705 retary of the Treasury to use any amounts repaid by a financial institution that is a recipient of assistance Measures Considered: under the Troubled Assets Relief Program for debt Fraud Enforcement and Recovery Act—Agree- reduction. Pages S4605–07 ment: Senate continued consideration of S. 386, to DeMint Amendment No. 994, to prohibit the use improve enforcement of mortgage fraud, securities of Troubled Asset Relief Program funds for the pur- fraud, financial institution fraud, and other frauds re- chase of common stock. Pages S4607–08 lated to federal assistance and relief programs, for the Coburn Amendment No. 983, to require the In- recovery of funds lost to these frauds, taking action spector General of the Federal Housing Finance on the following amendments proposed thereto: Agency to investigate and report on the activities of Page S4604–4641, S4657 Fannie Mae and Freddie Mac that may have contrib- Adopted: uted to the current mortgage crisis. Pages S4608–09 Schumer Amendment No. 1006, to provide addi- Kohl Amendment No. 990, to protect older tional funding to the SEC to use in enforcement pro- Americans from misleading and fraudulent mar- ceedings. Pages S4614–15, S4621 keting practices, with the goal of increasing retire- Rejected: ment security. Pages S4611–14 By 31 yeas to 61 nays (Vote No. 162), Kyl Ensign Amendment No. 1004, to impose certain Amendment No. 986, to limit the amount that may requirements on public-private investment fund pro- be deducted from proceeds due to the United States grams. Pages S4615–16 D435

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Res. 13, ganizations of an annual financial report required by as passed by the Senate, then that Deficit-Neutral the Labor-Management Reporting and Disclosure Reserve Fund shall also include the language con- Act of 1959. Pages S4620–21 tained in section 202 (c) of S. Con. Res. 13, as A motion was entered to close further debate on passed by the Senate. Pages S4652, S4654 the committee substitute amendment, and, in ac- Gregg (for Ensign) Motion to Instruct Conferees cordance with the provisions of Rule XXII of the to insist that the final conference report include the Standing Rules of the Senate, and pursuant to the point of order against legislation that raises taxes di- unanimous-consent agreement of Thursday, April 23, rectly or indirectly on middle-income taxpayers (sin- 2009, a vote on cloture will occur at 5:30 p.m., on gle individuals with $200,000 or less in adjusted Monday, April 27, 2009, and that if cloture is in- gross income or married couples filing jointly with voked, all post-cloture time be yielded back and any $250,000 or less in adjusted gross income) as con- tained in section 306 of the concurrent resolution, as pending germane amendments be disposed of, and passed by the Senate. Pages S4652, S4655 the substitute amendment, as amended, be agreed to; By 84 yeas to 9 nays (Vote No. 167), Cornyn Mo- provided that Senate vote on passage of the bill at tion to Instruct Conferees to insist on the inclusion 12:00 p.m., on Tuesday, April 28, 2009, notwith- in the final conference report of the point of order standing Rule XII, paragraph 4, without further in- against legislation that raises Federal income taxes tervening action or debate; provided further, that at on small businesses as contained in section 307 of 4:30 p.m., on Monday, April 27, 2009, there be 60 the concurrent resolution, as passed by the Senate. minutes of debate prior to the vote on the motion Pages S4651, S4655–56 to invoke cloture on the committee substitute Alexander Motion to Instruct Conferees to insist amendment, equally divided and controlled between that the final conference report include the Senate the two Leaders, or their designees. Page S4657 position maintaining a competitive student loan pro- House Messages: gram that provides students and institutions of high- Budget Resolution—Motions To Instruct Con- er education with a comprehensive choice of loan ferees: Senate began consideration of the amendment products and services, as contained in section 203 of S. Con. Res. 13, as passed by the Senate. of the House of Representatives to S. Con. Res. 13, Pages S4646–47, S4656 setting forth the congressional budget for the United Coburn Motion to Instruct Conferees to insist that States Government for fiscal year 2010, revising the the final conference report include a reserve fund appropriate budgetary levels for fiscal year 2009, and that promotes legislation that achieves savings by setting forth the appropriate budgetary levels for fis- going through the Federal Budget line by line, as cal years 2011 through 2014, disagreed to the President Obama has called for, to eliminate waste- amendment of the House, agreed to the request for ful, inefficient, and duplicative spending, as set forth a conference with the House, agreed to the motion in Section 224 of S. Con. Res. 13. Pages S4648, S4656 to authorize the Chair to appoint conferees, after tak- By 79 yeas to 14 nays (Vote No. 168), DeMint ing action on the following motions to instruct con- Motion to Instruct Conferees to insist that the final ferees on the part of the Senate on the disagreeing conference report shall include a point of order votes of the two Houses on the concurrent resolution against legislation that eliminates the ability of to be instructed to insist on the inclusion in the Americans to keep their health plan and eliminates final conference report the following motions pro- the ability of Americans to choose their doctor, as posed thereto: Pages S4641–57 contained in section 316 of the concurrent resolu- Adopted: tion, as passed by the Senate, and insist further that By 57 yeas to 37 nays (Vote No. 163), Conrad an additional condition be added providing such leg- (for Stabenow) Motion to Instruct Conferees to insist islation shall not decrease the number of Americans that the final conference report include a Deficit- enrolled in private health insurance, while increasing Neutral Reserve Fund to Invest in Clean Energy and the number of Americans enrolled in government- Preserve the Environment (as provided in section managed, rationed health care. Pages S4648–50, S4656 202 (b) of S. Con. Res. 13, as passed by the Senate. By 63 yeas to 30 nays (Vote No. 169), Vitter Mo- Pages S4653–54 tion to Instruct Conferees to insist that if the final

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the Research and Innovative Technology Administra- Committee Meetings tion, Dana G. Gresham, of the District of Columbia, (Committees not listed did not meet) to be Assistant Secretary for Government Affairs, Roy W. Kienitz, of Pennsylvania, to be Under Sec- APPROPRIATIONS: DEPARTMENT OF retary for Policy, Joseph C. Szabo, of Illinois, to be COMMERCE Administrator of the Federal Railroad Administra- Committee on Appropriations: Subcommittee on Com- tion, and Robert S. Rivkin, of Illinois, to be General merce, Justice, Science, and Related Agencies con- Counsel, all of the Department of Transportation, cluded a hearing to examine proposed budget esti- April S. Boyd, of the District of Columbia, to be As- mates for fiscal year 2010 for the Department of sistant Secretary for Legislative and Intergovern- Commerce, after receiving testimony from Gary mental Affairs, and Cameron F. Kerry, of Massachu- Locke, Secretary of Commerce. setts, to be General Counsel, both of the Department of Commerce, and routine lists in the United States APPROPRIATIONS: SECRETARY OF THE Coast Guard. SENATE, SENATE SERGEANT AT ARMS, U.S. CAPITOL POLICE NOMINATIONS Committee on Appropriations: Subcommittee on Legisla- Committee on Energy and Natural Resources: Committee tive Branch concluded a hearing to examine pro- concluded a hearing to examine the nominations of posed budget estimates for fiscal year 2010 for the Kristina M. Johnson, of Maryland, to be Under Sec- Office of the Secretary of the Senate, the Office of retary, Steven Elliot Koonin, of California, to be the Sergeant at Arms, and the Office of the United Under Secretary for Science, Ines R. Triay, of New States Capitol Police, after receiving testimony from Mexico, to be Assistant Secretary for Environmental Nancy Erickson, Secretary of the Senate; Terrance Management, who was introduced by Senator Udall W. Gainer, Sergeant at Arms and Doorkeeper of the (NM), and Scott Blake Harris, of Virginia, to be Senate; and Phillip D. Morse, Sr., Chief of Police, General Counsel, all of the Department of Energy, United States Capitol Police. and Hilary Chandler Tompkins, of New Mexico, to NOMINATIONS be Solicitor of the Department of the Interior, who Committee on Banking, Housing, and Urban Affairs: was introduced by Senator Udall (NM), after the Committee concluded a hearing to examine the nominees testified and answered questions in their nominations of Ronald C. Sims, of Washington, to own behalf. be Deputy Secretary, who was introduced by Sen- BUSINESS MEETING ators Murray and Cantwell, Peter A. Kovar, of Mary- land, to be Assistant Secretary for Congressional and Committee on Environment and Public Works: Com- Intergovernmental Affairs, who was introduced by mittee ordered favorably reported the nomination of Representative Frank, Helen R. Kanovsky, of Mary- Regina McCarthy, of Massachusetts, to be an Assist- land, to be General Counsel, David H. Stevens, of ant Administrator of the Environmental Protection Virginia, to be Assistant Secretary for Housing-Fed- Agency. eral Housing Commission, and John D. Trasvina, of TECHNOLOGY NEUTRALITY IN ENERGY California, to be Assistant Secretary for Fair Housing TAX and Equal Opportunity, who was introduced by Representative Schiff, all of the Department of Committee on Finance: Committee concluded a hearing Housing and Urban Development, David S. Cohen, to examine technology neutrality in energy tax, fo- of Maryland, to be Assistant Secretary of the Treas- cusing on issues and options, after receiving testi- ury for Terrorist Financing, and Fred P. Hochberg, mony from David L. Greene, Oak Ridge National of New York, to be President of the Export-Import Laboratory, Department of Energy, Knoxville, Ten- Bank of the United States, who was introduced by nessee; Gilbert E. Metcalf, Tufts University, Med- Senator Schumer, after the nominees testified and an- ford, Massachusetts; and John M. Urbanchuk, LECG swered questions in their own behalf. LLC, Wayne, Pennsylvania. BUSINESS MEETING AFGHAN WAR SOLDIERS’ STORIES Committee on Commerce, Science, and Transportation: Committee on Foreign Relations: Committee concluded Committee ordered favorably reported the nomina- a hearing to examine soldiers’ stories from the Af- tions of Sherburne B. Abbott, of Texas, to be Asso- ghan war, after receiving testimony from Andrew J. ciate Director of the Office of Science and Tech- Bacevich, Boston University, Boston, Massachusetts; nology Policy, Executive Office of the President, Genevieve Chase, Alexandria, Virginia; Christopher Peter H. Appel, of Virginia, to be Administrator of McGurk, New York, New York; Westley Moore,

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Washington, D.C.; and Rick Reyes, Los Angeles, ciation of American Indian Physicians, Oklahoma California. City, Oklahoma, after the nominee testified and an- STIMULUS FUNDING OVERSIGHT swered questions in her own behalf. Committee on Homeland Security and Governmental Af- BUSINESS MEETING fairs: Committee concluded an oversight hearing to examine state and local stimulus funding, after re- Committee on the Judiciary: Committee ordered favor- ceiving testimony from Gene L. Dodaro, Acting ably reported the nominations of R. Gil Comptroller General, Government Accountability Kerlikowske, of Washington, to be Director of Na- Office; and Ray Scheppach, National Governors As- tional Drug Control Policy, Executive Office of the sociation, and Carolyn M. Coleman, National League President, and Ronald H. Weich, of the District of of Cities, both of Washington, D.C. Columbia, to be an Assistant Attorney General, De- partment of Justice. NOMINATION Committee on Indian Affairs: Committee concluded a INTELLIGENCE hearing to examine the nomination of Yvette Select Committee on Intelligence: Committee held Roubideaux, of Arizona, to be Director of the Indian closed hearings on intelligence matters, receiving tes- Health Service, Department of Health and Human timony from officials of the intelligence community. Services, receiving testimony from Gerald Hill, Asso- Committee recessed subject to the call. h House of Representatives to the House with the amendment and the amend- Chamber Action ment was agreed to. Pages H4715–17 Public Bills and Resolutions Introduced: 39 pub- Pursuant to the rule, the amendment in the na- lic bills, H.R. 2058–2099; and 12 resolutions, H. ture of a substitute recommended by the Committee Con. Res. 105–108; and H. Res. 356–363 were in- on Science and Technology now printed in the bill troduced. Pages H4731–34 shall be considered as an original bill for the purpose of amendment under the 5-minute rule. Page H4698 Additional Cosponsors: Page H4734 Agreed to: Reports Filed: Reports were filed today as follows: Gordon (TN) amendment (No. 1 printed in H. H.R. 1746, to amend the Robert T. Stafford Dis- Rept. 111–82) that requires that the National Water aster Relief and Emergency Assistance Act to reau- Research Development Plan specified in the bill be thorize the pre-disaster mitigation program of the revised and resubmitted to Congress every 4 years Federal Emergency Management Agency (H. Rept. after its initial submission; authorizes appropriations 111–83) and of $2 million for each of fiscal years 2013 and 2014; H. Res. 251, directing the Secretary of the Treas- (1) requires review of measures related to abating ury to transmit to the House of Representatives all water quality impairment, (2) requires the com- information in his possession relating to specific mittee to work with institutions of higher education, communications with American International Group, (3) requires cooperation with commercial end users, Inc. (AIG)(H. Rept. 111–84). Page H4731 (4) requires relevant information be posted on a pub- lic website, and (5) requires research into watershed National Water Research and Development Ini- hydrology; requires that the plan include a focus on tiative Act of 2009: The House passed H.R. 1145, the (1) development of the effect of invasive species to implement a National Water Research and Devel- on water supplies, (2) development of technologies to opment Initiative, by a yea-and-nay vote of 413 yeas treat eutrophic water bodies, (3) development of a to 10 nays, Roll No. 205. Pages H4693–H4718 program to assist state and local regions regarding Agreed to the Nunes motion to recommit the bill land conservation, (4) improvement of understanding to the Committee on Science and Technology with of chemical impairments to water supply and qual- instructions to report the same back to the House ity, and (5) identification of whether a need exists forthwith with an amendment, by a recorded vote of for additional water research facilities; requires the 392 ayes to 28 noes, Roll No. 204. Subsequently, Director of the Office of Science and Technology Representative Gordon (TN) reported the bill back Policy to write to Congress and evaluate the budget

VerDate Nov 24 2008 00:59 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D23AP9.REC D23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE D440 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 2009 as it relates to water research; expresses the sense of Teague amendment (No. 8 printed in H. Rept. Congress that the interagency committee should col- 111–82) that requires that the plan’s analysis of the laborate with public institutions of higher education; energy required to provide reliable water supplies and requires the EPA to establish a pilot program and the water required for the production of alter- exploring the use of energy audits of water-related native and renewable energy resources (by a recorded infrastructure to identify energy and water saving vote of 423 ayes to 1 no, Roll No. 201). opportunities; Pages H4699–H4703 Pages H4707, H4713 Hastings (WA) amendment (No. 3 printed in H. Rejected: Rept. 111–82) that adds to the water research and Roskam amendment (No. 9 printed in H. Rept. development plan an assessment of potential water 111–82) that would have required GAO to study storage projects that would enhance water supply, whether any of the requirements of the underlying water planning, and other beneficial uses; Page H4704 legislation are duplicative of existing programs. Prior Cardoza amendment (No. 4 printed in H. Rept. to implementation of the bill, the President would, 111–82) that directs the Secretary of the Interior and based upon the GAO report, determine whether the the National Academy of Science to study the im- programs were duplicative or not. If the President pact of changes to snow pack, including snow pack differed in his determination from the GAO conclu- in the Sierra Nevadas, on water resources and its re- sions, he must offer a justification for his determina- lation to water supply, including the Sacramento-San tion. The effective date would be delayed until the Joaquin Delta; Pages H4704–05 President has made that determination (by a re- Brown-Waite (FL) amendment (No. 5 printed in corded vote of 194 ayes to 236 noes, Roll No. 202) H. Rept. 111–82) that requires agencies included in and Pages H4707, H4713–14 the interagency committee to work on improvement Shadegg amendment (No. 11 printed in H. Rept. of understanding of water-intensive sectors of the 111–82) that would have required the interagency economy and industrial needs for water; Page H4705 Arcuri amendment (No. 6 printed in H. Rept. committee to identify and recommend against dupli- 111–82) that requires the plan to include improve- cation of Federal water-related research, develop- ment of understanding of competing water supply ment, and technological innovation activities by uses and how different uses interact with and impact more than one agency or program. It also would have required the President to ensure that Federal each other; Pages H4705–06 Kirk amendment (No. 7 printed in H. Rept. agencies do not request appropriations for activities 111–82) that adds to the plan a direction that agen- duplicated by state, local, and tribal governments cies included in the interagency committee work to (by a recorded vote of 160 ayes to 271 noes, Roll achieve projection of the long-term ice cover and No. 203). Pages H4709–11, H4714–15 water level outlook for major water bodies in the Agreed that the Clerk be authorized to make United States, including the Great Lakes, the poten- technical and conforming changes to reflect the ac- tial impacts of the results of such projections on in- tions of the House. Page H4719 frastructure, and resource management options based H. Res. 352, the rule providing for consideration on such projections; Pages H4706–07 of the bill, was agreed to by voice vote after agreeing Blumenauer amendment (No. 10 printed in H. to order the previous question without objection. Rept. 111–82) that creates a wastewater and Suspensions—Proceedings Resumed: The House stormwater reuse and recycling technology dem- agreed to suspend the rules and pass the following onstration program within the Environmental Pro- measures which were debated on Wednesday, April tection Agency; Page H4708 22nd: Moore (WI) amendment (No. 12 printed in H. Rept. 111–82) that requires the interagency com- COPS Improvements Act of 2009: H.R. 1139, mittee to assess the role of Federal water research amended, to amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON funding in helping to develop the next generation of 2 scientists and engineers at institutions of higher edu- THE BEAT grant program, by a ⁄3 yea-and-nay vote of 342 yeas to 78 nays, Roll No. 206 and cation; Pages H4711–12 Kosmas amendment (No. 2 printed in H. Rept. Page H4718 111–82) that directs agencies under the interagency Expressing support for designation of March 22, committee to assess the impact of natural disasters, 2009, as ‘‘National Rehabilitation Counselors Ap- such as floods, hurricanes, and tornadoes on water re- preciation Day’’: H. Res. 247, to express support sources (by a recorded vote of 424 ayes with none for designation of March 22, 2009, as ‘‘National Re- voting ‘‘no’’, Roll No. 200); and habilitation Counselors Appreciation Day’’. Pages H4703–04, H4712–13 Page H4719

VerDate Nov 24 2008 00:59 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D23AP9.REC D23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 23, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D441 Meeting Hour: Agreed that when the House ad- LEGISLATIVE BRANCH APPROPRIATIONS journs today, it adjourn to meet at 12:30 p.m. on Committee on Appropriations: Subcommittee on Legisla- Monday, April 27th for morning hour debate. tive Branch held a hearing on Architect of the Cap- Page H4720 itol, and CBO. Testimony was heard from Stephen Senate Message: Message received from the Senate Ayers, Acting Architect of the Capitol; Terri Rouse, today appears on page H4695. CEO, Visitors Services, Capitol Visitors Center; and Senate Referrals: S. Con. Res. 18 was referred to Douglas Elmendorf, Director, CBO. the Committee on Foreign Affairs. Page H4729 MILITARY CONSTRUCTION, VETERANS Quorum Calls—Votes: Two yea-and-nay votes and AFFAIRS APPROPRIATIONS five recorded votes developed during the proceedings Committee on Appropriations: Subcommittee on Mili- of today and appear on pages H4712–13, H4713, tary Construction, Veterans Affairs, and Related H4713–14, H4714–15, H4716–17, H4717–18, Agencies held a hearing on Outside Witnesses, and H4718. There were no quorum calls. on Related Agencies. Testimony was heard from Adjournment: The House met at 10 a.m. and ad- Chief Judge William Greene, U.S. Court of Appeals, journed at 4:03 p.m. Veterans Claims; BG John W. Nicholson, USA (ret.), Secretary; American Battle Monuments Com- mission; Terrence C. Salt, Principal Deputy Assistant Committee Meetings Secretary of the Army (Civil Works), Arlington Na- tional Cemetery; and Timothy C. Cox, Armed Forces FEDERAL FOOD SAFETY SYSTEMS AT THE Retirement Home. USDA The Subcommittee also continued appropriation Committee on Agriculture: Subcommittee on Livestock, hearings. Testimony was heard from public wit- Dairy, and Poultry held a hearing to review Federal nesses. food safety systems at the USDA. Testimony was heard from Alfred V. Almanza, Administrator, Food STATE, FOREIGN OPERATIONS Safety and Inspection Service, USDA; and public APPROPRIATIONS witnesses. Committee on Appropriations: Subcommittee State, For- eign Operations, and Related Programs held a hear- COMMERCE, JUSTICE, SCIENCE ing on Fiscal Year 2009 Supplemental Appropria- APPROPRIATIONS tions Request. Testimony was heard from Hillary Committee on Appropriations: Subcommittee on Com- Rodham Clinton, Secretary of State. merce, Justice, Science and Related Agencies held a U.S.-PAKISTAN MILITARY PARTNERSHIP— hearing on the Department of Justice. Testimony EFFECTIVE COUNTERINSURGENCY was heard from Eric H. Holder, Jr., The Attorney General, Department of Justice. Committee on Armed Services: Held a hearing on Effec- tive Counterinsurgency: The Future of the U.S.-Paki- FINANCIAL SERVICES, GENERAL stan Military Partnership. Testimony was heard from GOVERNMENT APPROPRIATIONS LTG David W. Barno, USA, (ret.); Director, Near Committee on Appropriations: Subcommittee on Finan- East South Asia Center for Strategic Studies, Na- cial Services and General Government held a hearing tional Defense University, Department of Defense; on the U.S. Supreme Court. Testimony was heard public witnesses. from the following Associate Justices of the Supreme ARMY AIRCRAFT PROGRAMS Court: Clarence Thomas; and Stephen G. Beyer. Committee on Armed Services: Subcommittee on Air and HOMELAND SECURITY APPROPRIATIONS Land Forces held a hearing on Army aircraft pro- grams. Testimony was heard from the following offi- Committee on Appropriations: Subcommittee on Home- cials of the Department of the Army, Department of land Security held a hearing on Member Requests. Defense; BG Walter Davis, USA, Director, Army Testimony was heard from Members of Congress. Aviation; and BG William Crosby, USA, Program INTERIOR, ENVIRONMENT Executive Officer, Aviation. . APPROPRIATIONS MEASURING VALUE AND RISK IN Committee on Appropriations: Subcommittee on Inte- SERVICES CONTRACTS rior, Environment and Related Agencies continued Committee on Armed Services: Defense Acquisition Re- appropriations hearing. Testimony was heard from form Panel held a hearing on measuring value and public witnesses. risk in services contracts. Testimony was heard from

VerDate Nov 24 2008 00:59 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\RECORD09\RECFILES\D23AP9.REC D23AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE D442 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 2009 the following officials of GAO: William M. Solis, NONNATIVE WILDLIFE INVASION Director, Defense Capabilities and Management PREVENTION ACT Team; and John P. Hutton, Director, Acquisition Committee on Natural Resources: Subcommittee on In- and Sourcing Management Team; and Jeffrey P. Par- sular Affairs, Oceans and Wildlife held a hearing on sons, Executive Director, U.S. Army Contracting H.R. 669, Nonnative Wildlife Invasion Prevention Command, Department of Defense; and a public Act. Testimony was heard from Gary Frazer, Assist- witness. ant Director, Fisheries and Habitat Conservation, U.S. Fish and Wildlife Service, Department of the REDUCTION IN HEALTH CARE COSTS Interior; Lawrence M. Riley, Division Coordinator, Committee on Education and Labor: Subcommittee on Wildlife Management Division, Department of Health, Employment, Labor and Pensions held a Game and Fish, State of Arizona; and public wit- hearing on Ways to Reduce the Cost of Health In- nesses. surance for Employers, Employees and Their Fami- MISCELLANEOUS MEASURES lies. Testimony was heard from public witnesses. Committee on Natural Resources: Subcommittee on Na- COMMUNICATIONS NETWORKS AND tional Parks, Forests and Public Lands held a hearing CONSUMER PRIVACY on the following bills: H.R. 1121, Blue Ridge Park- Committee on Energy and Commerce: Subcommittee on way and Town of Blowing Rock Land Exchange Act Communications, Technology and the Internet held of 2009; and H.R. 1376, Waco Mammoth National a hearing on Communications Networks and Con- Monument Establishment Act of 2009. Testimony sumer Privacy: Recent Development. Testimony was was heard from Representatives Edwards of Texas heard from public witnesses. and Foxx; Stephen P. Whitesell, Associate Director, Park Planning, Facilities, and Lands, National Park AMERICAN CLEAN ENERGY SECURITY ACT Service, Department of the Interior; and public wit- nesses. Committee on Energy and Commerce: Subcommittee on Energy and Environment held a hearing on The MISCELLANEOUS MEASURES American Clean Energy Security Act of 2009. Testi- Committee on Oversight and Government Reform: Ordered mony was heard from Howard Gruenspecht, Acting reported the following measures: H. Res. 299, Ex- Administrator, Energy Information Agency, Depart- pressing the sense of the House of Representatives ment of Energy; Dian M. Grueneich, Commissioner, that public servants should be commended for their Public Utilities Commission, State of California; and dedication and continued service to the Nation dur- public witnesses. ing Public Service Recognition Week, May 4 Hearing continues tomorrow. through 10, 2009, and throughout the year; H. Res. 340. Expressing sympathy to the victims, families, MORTGAGE REFORM AND ANTI- and friends of the tragic act of violence at the Amer- PREDATORY LENDING ACT ican Civic Association in Binghamton, New York; Committee on Financial Services: Held a hearing on H.R. H. Res. 341, Expressing heartfelt sympathy for the 1728, Mortgage Reform and Anti-Predatory Lending Act. Testimony was heard from Sandra Braunstein, Director, victims and families of the shootings in Geneva and Division of Consumer and Community Affairs, Board of Coffee Counties in Alabama, on March 10, 2009; H. Governors, Federal Reserve System; and public witnesses. Res. 342, Expressing support for designation of May 2, 2009, as ‘‘Vietnamese Refugees Day;’’ and H.R. U.S. ASSISTANCE TO AFRICA 1271, To designate the facility of the United States Committee on Foreign Affairs: Subcommittee on Africa Postal Service located at 2351 West Atlantic Boule- and Global Health held a hearing on U.S. Assistance vard in Pompano Beach, Florida, as the ‘‘Elijah Pat to Africa: A Call for Foreign Aid Reform. Testimony Larkins Post Office Building.’’. was heard from Earl Gast, Senior Deputy Assistant H–2B GUESTWORKER PROGRAM— Administrator, Bureau for Africa, U.S. Agency for IMPROVING DEPARTMENT OF LABOR’S International Development, Department of State; and ENFORCEMENT OF RIGHTS OF public witnesses. GUESTWORKS Committee on Oversight and Government Reform: Sub- LOCAL LAW ENFORCEMENT HATE CRIMES committee on Domestic Policy held a hearing enti- PREVENTION ACT OF 2009 tled ‘‘The H–2B Guestworker Program and Improv- Committee on the Judiciary: Ordered reported, as ing the Department of Labor’s Enforcement of the amended, H.R. 1913. Local Law Enforcement Hate Rights of Guestworkers.’’ Testimony was heard from Crimes Prevention Act of 2009. public witnesses.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Friday, April 24 12:30 p.m., Monday, April 27

Senate Chamber House Chamber Program for Friday: Senate will be in a period of morn- Program for Monday: To be announced. ing business.

Extensions of Remarks, as inserted in this issue

HOUSE Davis, Danny K., Ill., E955, E959 Neal, Richard E., Mass., E958 Davis, Lincoln, Tenn., E966 Norton, Eleanor Holmes, D.C., E959 Bachmann, Michele, Minn., E951 DeLauro, Rosa L., Conn., E947, E961, E970 Pallone, Frank, Jr., N.J., E956 Becerra, Xavier, Calif., E948 Ehlers, Vernon J., Mich., E952 Peters, Gary C., Mich., E959, E967 Berkley, Shelley, Nev., E963 Farr, Sam, Calif., E949, E950 Putnam, Adam H., Fla., E960 Berman, Howard L., Calif., E969 Garrett, Scott, N.J., E969 Bilbray, Brian P., Calif., E955 Graves, Sam, Mo., E956, E958, E959, E960, E961, E962, Roskam, Peter J., Ill., E948, E949 Blumenauer, Earl, Ore., E966 E963, E965, E966 Ros-Lehtinen, Ileana, Fla., E950 Bonner, Jo, Ala., E952, E953, E954, E955 Hastings, Alcee L., Fla., E957 Ross, Mike, Ark., E953 Boswell, Leonard L., Iowa, E948 Higgins, Brian, N.Y., E951 Rush, Bobby L., Ill., E969 Braley, Bruce L., Iowa, E968 Hirono, Mazie K., Hawaii, E954 Ryan, Paul, Wisc., E953 Calvert, Ken, Calif., E960 Johnson, Eddie Bernice, Tex., E948 Schmidt, Jean, Ohio, E952 Cantor, Eric, Va., E968 Kennedy, Patrick J., R.I., E949 Shuster, Bill, Pa., E962 Capuano, Michael E., Mass., E950 Lance, Leonard, N.J., E967 Tiberi, Patrick J., Ohio, E968, E969, E970, E971 Clarke, Yvette D., N.Y., E969 Lofgren, Zoe, Calif., E957 Walz, Timothy J., Minn., E949 Coble, Howard, N.C., E967 McCarthy, Carolyn, N.Y., E947, E961 Cohen, Steve, Tenn., E960 McGovern, James P., Mass., E956 Wasserman Schultz, Debbie, Fla., E968 Connolly, Gerald E., Va., E966 Maloney, Carolyn B., N.Y., E962, E970 Wilson, Joe, S.C., E954 Conyers, John, Jr., Mich., E958 Markey, Edward J., Mass., E962 Wolf, Frank R., Va., E952 Costa, Jim, Calif., E948 Meek, Kendrick B., Fla., E956 Young, C.W. Bill, Fla., E950 Courtney, Joe, Conn., E966 Moran, James P., Va., E947, E955, E971 Young, Don, Alaska, E961

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