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

Vol. 156 WASHINGTON, TUESDAY, DECEMBER 7, 2010 No. 160 House of Representatives The House met at 12:30 p.m. and was the founder of WikiLeaks, which I be- Don’t get me wrong, with our diverse called to order by the Speaker pro tem- lieve show exactly what he is—a ter- and storied neighborhoods, along with pore (Mr. FARR). rorist. Assange has spread across the our hardworking community-oriented f world an encrypted document which he families, the Derby City—hometown of claims has even more vital national se- the Louisville Lip, Muhammad Ali— DESIGNATION OF SPEAKER PRO crets that he is going to release. has long been a source of pride. Still, TEMPORE Assange calls this file his ‘‘insurance’’ few could have dreamed that it could The SPEAKER pro tempore laid be- file, and he has threatened to release be the world-class 21st century city it fore the House the following commu- this information if he is captured or if has become. nication from the Speaker: he is charged with any violation of law. Mayor Jerry dared not only to WASHINGTON, DC, Those, Mr. Speaker, are not the actions dream, he led the charge that made December 7, 2010. of a journalist. Those are the actions of that dream reality. In five terms as I hereby appoint the Honorable SAM FARR a terrorist. mayor, Jerry was a driving force in ex- to act as Speaker pro tempore on this day. Even President Clinton recently said panding and modernizing our airport NANCY PELOSI, that lives will be lost because of the re- Speaker of the House of Representatives. and transforming Louisville into an lease of this information. But still, Mr. international shipping hub by luring f Speaker, we still have not heard any- UPS and 23,000 jobs to our community. MORNING-HOUR DEBATE thing on this issue from our current His team’s investments in our commu- Commander in Chief, President Obama. nity have encouraged some of our Na- The SPEAKER pro tempore. Pursu- The silence from President Obama, our ant to the order of the House of Janu- tion’s largest companies—Ford, GE, Commander in Chief, is absolutely baf- Humana—to invest as well, creating ary 6, 2009, the Chair will now recog- fling. nize Members from lists submitted by thousands more quality jobs for our the majority and minority leaders for f residents. But during his tenure, Louis- morning-hour debate. HONORING LOUISVILLE’S MAYOR ville has also become a city of entre- The Chair will alternate recognition JERRY ABRAMSON preneurship, the Possibility City, a vi- between the parties, with each party The SPEAKER pro tempore. The brant, attractive place for startups to limited to 30 minutes and each Mem- Chair recognizes the gentleman from grow into thriving businesses. The once antagonistic relationship ber, other than the majority and mi- Kentucky (Mr. YARMUTH) for 5 min- nority leaders and the minority whip, utes. between the River City and the rest of limited to 5 minutes. Mr. YARMUTH. Mr. Speaker, there Kentucky now is limited to sporting f was a time, and it wasn’t too long ago, events, under his stewardship. In all that the gorgeous waterfront park in other facets, a partnership has grown, TIME TO CHARGE ASSANGE NOW my hometown of Louisville, Kentucky, from Pikeville to Paducah, in which The SPEAKER pro tempore. The was a junkyard. It was a time, just 25 Jerry’s Louisville works with Frank- Chair recognizes the gentlewoman from years ago, that if you found yourself in fort and 119 other counties for the bet- Michigan (Mrs. MILLER) for 2 minutes. our now thriving downtown after dark, terment of the entire Commonwealth Mrs. MILLER of Michigan. Mr. you were most likely either working of Kentucky. Speaker, since WikiLeaks has begun late or lost. This was a time, believe it But what will truly be the legacy of releasing American top secret informa- or not, that Louisville Slugger was in Mayor Jerry? How about a revitalized tion that it obtained illegally, there Indiana. downtown, which has been transformed has been a debate about how our Na- You can’t make this stuff up. into a vibrant and modern destination tion should respond to this. I believe No, these days, it’s hard to picture while remarkably retaining its historic that the actions of WikiLeaks provide Louisville before 1985, hard to believe character and preserving its architec- material support to our terrorist en- how much has changed in the last tural treasures; or in our park system, emies, so it should be treated as a ter- quarter century, hard to imagine Lou- which has grown and flourished like rorist organization. Others have argued isville without Mayor Jerry Abramson. never before, earning us the distinc- that WikiLeaks is simply a media or- Yet on January 3, 2011, that’s exactly tion, city of parks. It could be his com- ganization and, therefore, it is pro- what we’ll be when we say goodbye, mitment to Louisville’s low-income tected under the First Amendment. with gratitude, to the man for whom families. After all, in the last 15 years, Well, consider for a moment the most the title ‘‘Mayor for Life’’ proved just his administration has revolutionized recent statements by Julian Assange, a little too optimistic. the Federal HOPE VI program with

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.

H8035

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VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.000 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8036 CONGRESSIONAL RECORD — HOUSE December 7, 2010 two of the most successful housing STATE OF THE ECONOMY: TARP same kind of quantitative easing, projects in the Nation. Maybe his leg- LIVES ON AND FED PRINTS spending around $1.7 trillion to take acy will be Metro Safe, which has im- MONEY bonds off the hands of banks. proved public safety in our neighbor- The SPEAKER pro tempore. The Quantitative easing is a dangerous hoods, or his Operation Brightside ini- Chair recognizes the gentleman from gamble, and in many ways is akin to tiative that has made those neighbor- Florida (Mr. STEARNS) for 5 minutes. the creation of simply another TARP hoods cleaner and greener, or the Mr. STEARNS. Mr. Speaker, the program, but without congressional ap- Hometown movement that has en- Treasury Department announced the proval and without transparency for hanced our community’s health. end of the TARP on October 3, 2010. American taxpayers. With this QE2, this second round of quantitative eas- I think you see where I am going Now, it may have marked the end of the Treasury Department’s authority ing, our Nation’s central bank will be- with this. With more accomplishments, to initiate new investments under the come the largest holder of the national victories, and advances for our entire Troubled Asset Relief Program, but in debt in the entire world. The Fed al- community than I have time to rattle reality, TARP is not dead. American ready holds $834 billion of treasuries, off today, Jerry Abramson’s legacy is taxpayers still face a daunting eco- and is on pace to have over $1 trillion Louisville. I am far from the only one nomic recovery, with the Federal Re- in treasuries by August 2011. That’s who thinks so. serve now downgrading their economic more than China, Japan, or any other Jerry has been named Local Public outlook for the United States economy foreign creditor. Official of the Year by Governing Mag- and predicting over 9 percent unem- The printing of new money as a way azine, Kentucky’s best civic leader a ployment through the end of next year to deal with our economic issues is just record five times, and one of the best as it simultaneously engages in a dan- as worrisome and misguided as the cre- and most dynamic mayors in the coun- gerous quantitative easing plan—a ation of the TARP program. The Fed’s QE2 plan could weaken the dollar fur- try. But if you know Jerry like I do, monetary policy used to increase the ther and lead to trade disputes with you know these aren’t the accolades money supply by simply buying up gov- other countries. It could lead bond that matter to Jerry. He cares about ernment securities—that could further traders to believe that inflation will the ones that named Louisville the damage our financial recovery. Mr. Speaker, let’s start with the run wild. And they could then them- Most Livable City in America, a top selves derail the Fed’s efforts by push- city for young people, one of the coun- troubling news about the TARP pro- gram. According to Neil Barofsky, the ing rates even higher. It could also cre- try’s best places to retire, one of the ate bubbles as hedge funds and other Nation’s safest cities, one of the best Special Inspector General of the TARP, which is called SIGTARP, the tax- speculators borrow cheaply and make cities to do business in—the list goes payer-funded bailout program ‘‘re- even bigger bets on stocks and com- on. mains very much alive.’’ In fact, Mr. modities. His pride in and passion for Louis- Barofsky’s report states, ‘‘As of Octo- The true costs of TARP are incalcu- ville has been contagious and has in- ber 3, $178.4 billion in TARP funds were lable, as are the dangerous monetary spired generations of leaders who have still outstanding, and although no new policies the Fed is pursuing. Even in worked with him to create great things TARP obligations can be made, money the improbable event that the TARP for our community and who will con- already obligated to existing programs program will recover all of its funds, tinue to carry the torch after he has may still be expended.’’ American taxpayers will continue to passed it on. That pride can be seen ev- bear the costs of the Federal Govern- b 1240 erywhere today. We display it on T- ment’s demonstration that certain fi- shirts and bumper stickers in any num- Furthermore, $211.3 million in Cap- nancial institutions are just ‘‘too big ber of different ways, from the fleur-de- ital Purchase Program dividends re- to fail’’. And likewise, the costs to the lis to proud displays of our area code, main outstanding and unpaid. This is economy of the Fed’s second round of from efforts to Keep Louisville Weird money that is owed to the taxpayers. quantitative easing will be unknown, SIGTARP’s November report also to T-shirts that conflate Jerry and as the Fed continues to operate behind criticized Treasury’s TARP program Elvis, which is definitely weird. You a veil of secrecy. The American tax- for failing to save homeowners from can see it in the way we support our payers are only now just finding out foreclosure. Out of the 1.7 million the Fed spent over $3.3 trillion in local businesses, local restaurants, and American homes that have been fore- ‘‘emergency programs’’, propping up local artists, in the way we take care closed on since January 2009, TARP has banks and financial institutions all of our neighborhoods and watch out for only supported a little over 200,000 per- over the world. our neighborhoods. And we do it all be- manent—now that’s less than 12 per- Mr. Speaker, the incoming new Re- cause we know we live in the best city cent—mortgage modifications. publican majority, which the American in the world, and we want to keep it Disturbingly, SIGTARP’s latest re- people resoundingly voted in on No- that way. port also indicates that Treasury con- vember 2, is poised to take control of So after more than two decades, our cealed $40 billion in taxpayer losses on our disastrous economic situation by Mayor for Life opts for early retire- the AIG bailout by changing its valu- dramatically reducing Federal spend- ment—in title alone, mind you. If you ation methods. Our United States ing and creating jobs through the think Jerry’s service to this commu- Treasury is now saying taxpayers will elimination of this economic uncer- nity was just a job, you’ve got another only lose $5 billion on AIG, when it pre- tainty that exists today and by imple- thing coming. As he moves on to the viously stated taxpayers would lose $45 menting pro-business policies. We are next stage of his career of service, City billion. committed to reducing the costs of Hall will miss his leadership, his tenac- Mr. Speaker, the Treasury Depart- government and the proliferation of ity, and his passion for Louisville; but ment seems inclined to paint an artifi- burdensome regulations, and we will we will forever benefit from his legacy. cial picture of taxpayers’ losses and usher in an era of growth that benefits After all, it’s hard to miss. clearly shows the Obama administra- all Americans. tion isn’t being straightforward about f To Mayor Abramson and his incred- the true cost of the taxpayer-funded ible, devoted staff, I join all of metro TARP program. THE CENSURE OF MR. RANGEL Louisville in thanking you for your The monetary policies coming out of The SPEAKER pro tempore. The service. The measure of your work and the Fed are also troublesome. On No- Chair recognizes the gentleman from your sacrifice is that you have unques- vember 3, the Fed announced that it Massachusetts (Mr. FRANK) for 5 min- tionably left Louisville a better place will purchase $600 billion in govern- utes. than when you found it, and I am ment debt (treasuries), over the next 8 Mr. FRANK of Massachusetts. Mr. grateful that your work is not yet done months, initiating a second round of Speaker, before proceeding to the topic for our city, our Commonwealth, and quantitative easing. You may recall I plan to discuss, I do have to comment our Nation. that in 2008 the Fed engaged in this on the gentleman from Florida. It is

VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.002 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8037 striking the extent to which Repub- priate. The punishment voted by this a rate of 55 percent after the first $1 licans are siding with the Central Bank House for behavior should not be af- million. Now that means that your of China and the Chinese Government fected by what goes before. heirs pay nothing on the first million in objecting to American Federal Re- But there is another element of what dollars that you leave them, but they serve actions taken in our self-defense. goes before in the process, and there is pay 55 percent tax on every dollar be- There are some debatable aspects of another element of this that I need to yond that. this. I think what the Fed is doing is address. I think I am the only Member I talked to a constituent recently very wise. But what the gentleman just still serving in the House who was in who says just during his lifetime, he said we have seen from elsewhere. fact reprimanded. And I want to deal and his family had bought the family ‘‘This could lead to trade disputes with with those who consider reprimand a business back from the government other nations because of its effect on slap on the wrist, saying, well, a rep- three times, every time a generation our currency.’’ rimand was no big deal. passed away. In other words, the heirs Yes, the major other nation making Mr. Speaker, it is a big deal. I am have had to essentially buy back that that argument is China, which delib- very proud of my service in this House. family business over and over again. erately undervalues its currency, and I am about to start my 31st year of Now, a million dollars sounds like a is objecting because a potential side ef- service. And I am very proud of many lot of money to most of us, but when fect of what the Fed is doing to stimu- of the things I have done. But reports you are talking about acreage or build- late employment could be to reduce of my service will include the fact that ings, equipment, homes, inventory, our currency vis-a-vis theirs. This no- I was reprimanded 20 years ago for even livestock if you are talking about tion that taking the side of these other things that were done 24, 25 years ago. a family farm, it isn’t hard to exceed countries in trade disputes, given the And that is not something that anyone the first exemption. Small businesses extent to which many of them have un- ought to consider simply a slap on the can easily be punished by this tax. fairly abused trade rules, seems to me wrist. I bear the stigma of having been Why is it fair to essentially ask peo- quite shocking. And I am continually reprimanded. I am enormously proud of ple to buy back a large portion of their surprised that my Republican col- serving in this wonderful body that em- family farms or businesses on which leagues side with China, with Ger- bodies democracy. It is an enormous they already pay taxes? Ask the Demo- many, and with other foreign central source of pride to me that hundreds of crats. banks in their criticism of the Fed be- thousands of my constituents choose to f cause of the effect it could have on our have me serve here on their behalf. And currency. to have marred that record, of which I RECESS But I wanted to talk about the cen- am generally proud, with a reprimand The SPEAKER pro tempore. Pursu- sure of our colleague, Mr. RANGEL of means a great deal to me. ant to clause 12(a) of rule I, the Chair New York, because I voted for a resolu- So I would just say in summary that declares the House in recess until 2 tion amendment that would have had given what Mr. RANGEL did, given that p.m. today. him be reprimanded, and then voted he did things that he should not have Accordingly (at 12 o’clock and 50 against censure. And I think my con- done, but not for the purpose of enrich- minutes p.m.), the House stood in re- stituents are entitled to know why. ing himself, they were careless, they cess until 2 p.m. Mr. RANGEL did things he should not were occasionally overreaches, but not, have done. And he should have been again, for his personal enhancement fi- f reprimanded. I do not believe, however, nancially, given what we have tradi- b 1400 that they rose to the very severe level tionally reprimanded people for and of censure. In my mind, a reprimand is what we have censured people for, rep- AFTER RECESS the House telling a Member that he or rimand was the appropriate response. The recess having expired, the House she has done things that were wrong. And I would have voted for a rep- was called to order by the Speaker pro But when you get to censure, and if rimand, and I voted for an amendment tempore (Ms. JACKSON LEE of Texas) at you look at the historical precedents that would have made it reprimand. 2 p.m. here, you are going beyond simple bad But I did not think that you should acts. You are talking about, at least in trivialize censure by censuring some- f one instance, a serious character de- one for the kind of behavior Mr. RAN- PRAYER fect. You are talking about someone GEL engaged in. And I would remind who was a bad person. people again, from my own personal ex- The Chaplain, the Reverend Daniel P. The Ethics Committee itself said perience—and by the way, while he is Coughlin, offered the following prayer: that the gentleman from New York not here, I assume that former Speaker On another sunny December 7 in the (Mr. RANGEL) was not trying to enrich Gingrich, who was also reprimanded by year 1941, the Japanese air attack on himself. He was careless, he was slop- this House, would share my view—that Pearl Harbor in Hawaii changed the py, he was too zealous in trying to get having been reprimanded is not some map of history and would be described money at a public university for a cen- slap on the wrist. I do not understand, as ‘‘a date which will live in infamy.’’ ter in his name, but it would not have Mr. Speaker, how anyone who shares Lord, how baffling is human memory redounded to him personally finan- the pride that I feel in serving in this with what is remembered and what is cially. So I do agree he should have body, and having been selected by forgotten. Mindful of the contradictory been reprimanded. But I do not think, American citizens to make the laws of consequences of war, we pray for peace given the acknowledgment that he was this country, could trivialize some- in our own day. not trying to personally enrich him- thing like a reprimand. Still mourning the many lives lost, those injured, and those missing, that self, that he should have been censured. f I was also struck that the Republican event gave rise to America’s ‘‘Greatest cochair of the Ethics Committee—and I DEATH TAX Generation,’’ as well as racism and in- honor the members of the Ethics Com- The SPEAKER pro tempore. The ternment camps of 120,000 Japanese mittee. They do a very difficult job. Chair recognizes the gentleman from Americans for nearly 3 years, Asian They were very fair about the proce- Pennsylvania (Mr. THOMPSON) for 2 economic power, as well as nuclear en- dures, and I honor them for that, the minutes. ergy. gentlewoman from California and the Mr. THOMPSON of Pennsylvania. Lord, help us to find new ways in- gentleman from Alabama. But he said Mr. Speaker, last week the Democrats stead of war or violence to develop that if Mr. RANGEL had comported him- brought back the death tax. human development and negotiate or- self differently—go back and look at This calendar year, there has been no dinary differences of opinion. Guide this—if Mr. RANGEL had comported estate tax, and I guess in some ways it people around the world in any effort himself differently during these discus- was the year to die. But on January 1, to balance support of military forces sions, he might have been reprimanded because of the actions of the House fighting for peace with the scales of instead of censured. That’s inappro- Democrats, the death tax roars back at justice.

VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.005 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8038 CONGRESSIONAL RECORD — HOUSE December 7, 2010 Lord, make Your people one in cre- Mr. PITTS. Madam Speaker, this INTERNATIONAL PROTECTING ative work, in hope for peace, and in ef- week, the Nobel Committee will award GIRLS BY PREVENTING CHILD fective compassion so we bring You its annual Nobel Peace Prize to Chi- MARRIAGE ACT glory and honor now and forever. nese human rights advocate Liu (Ms. MCCOLLUM asked and was Amen. Xiaobo, but at the ceremony the chair given permission to address the House f reserved for Liu will be empty as he is for 1 minute and to revise and extend serving 11 years in prison for peacefully her remarks.) THE JOURNAL petitioning his government for basic Ms. MCCOLLUM. Madam Speaker, The SPEAKER pro tempore. The human rights. today, 25,000 girls—some as young as 10 Chair has examined the Journal of the Earlier this year, I was proud to join years old—will be robbed of their fu- last day’s proceedings and announces my colleagues on the Human Rights ture when they are forced to marry to the House her approval thereof. Commission in nominating Liu for the much older men. This isn’t marriage Pursuant to clause 1, rule I, the Jour- Nobel Peace Prize. Even now, the Chi- when a 10-year-old girl is given to a 40- nal stands approved. nese Government is censoring the news year-old man; it’s sexual abuse. f of this award and is calling for a boy- The practice of child marriage is cott of the award ceremony. Sadly, wrong, and it must end. The United PLEDGE OF ALLEGIANCE some nations have bowed to the wishes States must take a strong stand The SPEAKER pro tempore. Will the of the Communist government. I am against child marriage. gentleman from South Carolina (Mr. particularly grieved to hear that Democrats and Republicans must come together and pass the Inter- WILSON) come forward and lead the Kazakhstan, Morocco, and Iraq will not national Protecting Girls by Pre- House in the Pledge of Allegiance. send representatives to the ceremony. venting Child Marriage Act as soon as Mr. WILSON of South Carolina led These nations should know exactly possible. Every Senator agreed to this the Pledge of Allegiance as follows: what it is like to have basic human bill when it passed last week. It passed I pledge allegiance to the Flag of the rights denied by an autocratic govern- unanimously. United States of America, and to the Repub- ment. lic for which it stands, one nation under God, There is a lot of talk in Congress indivisible, with liberty and justice for all. It is not too late to defy the bullying about the need to protect children from and intimidation from those who have abuse. It’s time for action. It’s time for f imprisoned a peaceful man. I call on all a vote. F–35S IN BEAUFORT nations to recognize the peaceful strug- f (Mr. WILSON of South Carolina gle of Liu Xiaobo, a man who has no hatred even for those who have denied COMMUNICATION FROM THE asked and was given permission to ad- CLERK OF THE HOUSE dress the House for 1 minute and to re- him and his people basic freedoms, of The SPEAKER pro tempore laid be- vise and extend his remarks.) this distinguished honor. fore the House the following commu- Mr. WILSON of South Carolina. nication from the Clerk of the House of Madam Speaker, Beaufort, South Caro- f Representatives: lina, is home to the Marine Corps Air Station, professionally commanded by HONORING STAFF SERGEANT OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES, Colonel John Snider. The Marine Corps KEVIN MATTHEW PAPE Washington, DC, December 3, 2010. Air Station plays a critical role in our (Mr. STUTZMAN asked and was Hon. NANCY PELOSI, national security operations and is The Speaker, U.S. Capitol, House of Representa- home to six Marine squadrons and one given permission to address the House tives, Washington, DC. Navy squadron, with an economic im- for 1 minute.) DEAR MADAM SPEAKER: Pursuant to the pact of $615 million annually. I hope Mr. STUTZMAN. Madam Speaker, permission granted in Clause 2(h) of Rule II the future is about to grow even over 2 weeks ago, Staff Sergeant Kevin of the Rules of the U.S. House of Representa- brighter for Beaufort this week as we tives, the Clerk received the following mes- Matthew Pape, age 30, was killed by sage from the Secretary of the Senate on De- are optimistic that the final environ- enemy forces during a heavy fire fight cember 3, 2010 at 4:15 p.m.: mental impact study promotes F–35B while conducting combat operations in That the Senate passed without amend- squadrons in this great and historic the Konar province of Afghanistan. ment H.R. 3237. community. That the Senate passed with amendments Born February 5, 1980, in Fort Wayne, It has been a pleasure to work with H.R. 5281. Indiana, Sergeant Pape enlisted in the Senator LINDSEY GRAHAM to highlight That the Senate passed S. 1774. United States Army in September of That the Senate passed S. 124. Beaufort’s pro-military community, 2005 from his home town of Fort Appointment: mild climate, and existing facilities Wayne. As a squad leader assigned to United States Commission on Civil Rights. which provides for year-round training 1st Battalion, 75th Ranger Regiment, With best wishes, I am to military leaders including Marine Sincerely, Staff Sergeant Pape was on a remark- Corps Commandant James Conway. LORRAINE C. MILLER. able sixth deployment, with three pre- If Alternative I is chosen to support f vious deployments to Iraq and two to the F–35s, Beaufort can expect to see Afghanistan. COMMUNICATION FROM THE over 1,500 new jobs and hundreds of pri- CLERK OF THE HOUSE vate sector high-tech jobs, as promoted Sergeant Pape’s awards and decora- by the Beaufort Chamber of Commerce tions for his service are too numerous The SPEAKER pro tempore laid be- led by President Carlotta Ungaro and to list here. However, he was awarded fore the House the following commu- the Military Enhancement Committee the Bronze Star, the Purple Heart, and nication from the Clerk of the House of chaired by General Garry Parks. I look the Meritorious Service medals. Representatives: forward to expanding the Sound of Sergeant Pape is survived by his OFFICE OF THE CLERK, Freedom in the Lowcountry. HOUSE OF REPRESENTATIVES, wife, Amelia Rose Pape; his daughter, Washington, DC, December 6, 2010. In conclusion, God bless our troops, Anneka Sue; his father, Marc Dennis Hon. NANCY PELOSI, and we will never forget September the Pape; and his sister, Kristen Michele The Speaker, U.S. Capitol, House of Representa- 11th in the global war on terrorism. Pape, both of Fort Wayne. Sergeant tives, Washington, DC. f Pape selflessly lived his life for others, DEAR MADAM SPEAKER: Pursuant to the distinguishing himself as an Army permission granted in Clause 2(h) of Rule II LIU XIAOBO Ranger while continuously deployed in of the Rules of the U.S. House of Representa- tives, the Clerk received the following mes- (Mr. PITTS asked and was given per- support of Operations Iraqi Freedom sage from the Secretary of the Senate on De- mission to address the House for 1 and Enduring Freedom and fighting cember 6, 2010 at 1:24 p.m.: minute and to revise and extend his re- valiantly as he served our great Nation That the Senate passed without amend- marks.) and following the Ranger creed. ment H.R. 6399.

VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.007 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8039 That the Senate passed S. 3860. Whereas runaway youth are often too poor homelessness are those that have been That the Senate passed S. 3817. to secure their own basic needs and are ineli- expelled from home, those that have With best wishes, I am gible or unable to access adequate medical or suffered domestic abuse, and those that Sincerely, mental health resources; have been discharged by State custo- LORRAINE C. MILLER. Whereas effective programs that provide dial systems without the benefit of support to runaway youth and assist them in f remaining at home with their families can adequate transitional planning. Addi- COMMUNICATION FROM THE succeed through partnerships created among tionally, youth that have been sepa- CLERK OF THE HOUSE families, community-based human service rated from their parents by death or di- agencies, law enforcement agencies, schools, vorce, live in poverty, and/or are un- The SPEAKER pro tempore laid be- faith-based organizations, and businesses; able to access adequate medical or fore the House the following commu- Whereas preventing youth from running mental health resources are similarly nication from the Clerk of the House of away from home and supporting youth in at risk of running away and becoming Representatives: high-risk situations is a family, community, homeless. and national priority; OFFICE OF THE CLERK, Madam Speaker, in light of the prev- Whereas the future of the Nation is de- HOUSE OF REPRESENTATIVES, alence of the problem of runaway Washington, DC, December 7, 2010. pendent on providing opportunities for youth to acquire the knowledge, skills, and abili- youth as well as youth homelessness, Hon. NANCY PELOSI, ties necessary to develop into safe, healthy, let us take this opportunity to pass The Speaker, U.S. Capitol, House of Representa- House Resolution 1687 and recognize tives, Washington, DC. and productive adults; Whereas the National Network for Youth DEAR MADAM SPEAKER: Pursuant to the the important role that youth runaway permission granted in Clause 2(h) of Rule II and its members advocate on behalf of run- prevention and at-risk youth programs of the Rules of the U.S. House of Representa- away and homeless youth and provide an play in addressing these issues. I urge tives, the Clerk received the following mes- array of community-based support to address my colleagues to join me in supporting sage from the Secretary of the Senate on De- their critical needs; it. cember 7, 2010 at 9:50 a.m.: Whereas the National Runaway Switch- Madam Speaker, I reserve the bal- board provides crisis intervention and refer- That the Senate passed without amend- ance of my time. ment H. Con. R. 259. rals to reconnect runaway youth with their families and link youth to local resources Mrs. BIGGERT. Madam Speaker, I That the Senate passed S. 4010. yield myself such time as I may con- Letter of Transmittal that provide positive alternatives to running away from home; and sume. Senate informs the House of Representa- Today I rise in support of House Res- tives that the Senate will resume consider- Whereas during the month of November, ation of the articles of impeachment against the National Network for Youth and the Na- olution 1687, expressing the support of Judge G. Thomas Porteous. tional Runaway Switchboard are cospon- the House of Representatives for the With best wishes, I am soring National Runaway Prevention Month, goals and ideals of National Runaway Sincerely, in order to increase public awareness of the Prevention Month. circumstances faced by youth in high-risk LORRAINE C. MILLER. Studies suggest that nearly 3 million situations and to address the need to provide children are living on the street each f resources and support for safe, healthy, and year. Many of these individuals, who 1410 productive alternatives for at-risk youth, b their families, and their communities: Now, come from every socioeconomic back- ANNOUNCEMENT BY THE SPEAKER therefore, be it ground, have been kicked out of their PRO TEMPORE Resolved, That the House of Representa- homes, separated from their parents, or tives recognizes and supports the goals and physically abused. Worse, these at-risk The SPEAKER pro tempore. Pursu- ideals of National Runaway Prevention youth often find it increasingly dif- ant to clause 8 of rule XX, the Chair Month. ficult or even impossible to acquire the will postpone further proceedings The SPEAKER pro tempore. Pursu- knowledge, skills and abilities nec- today on motions to suspend the rules ant to the rule, the gentleman from essary to develop into safe, healthy and on which a recorded vote or the yeas Missouri (Mr. CLAY) and the gentle- productive adults. That’s why it is so and nays are ordered, or on which the woman from Illinois (Mrs. BIGGERT) important that we pass this resolution vote is objected to under clause 6 of each will control 20 minutes. today, to raise awareness of the plight rule XX. The Chair recognizes the gentleman of runaway youth and increase public Record votes on postponed questions from Missouri. understanding of the role individual will be taken after 6 p.m. today. GENERAL LEAVE Americans can play in helping to pre- f Mr. CLAY. Madam Speaker, I ask vent youth from running away from unanimous consent that all Members home. SUPPORTING NATIONAL RUNAWAY may have 5 legislative days in which to As cochair of the Missing and Ex- PREVENTION MONTH revise and extend their remarks. ploited Children’s Caucus, I have Mr. CLAY. Madam Speaker, I move The SPEAKER pro tempore. Is there worked with my colleagues to help ad- to suspend the rules and agree to the objection to the request of the gen- dress many of the issues that face run- resolution (H. Res. 1687) supporting the tleman from Missouri? aways and their families. The caucus goals and ideals of National Runaway There was no objection. has done some great work, and I would Prevention Month. Mr. CLAY. I now yield myself such like to extend to all of my colleagues The Clerk read the title of the resolu- time as I may consume. in the House an invitation to join us in tion. Madam Speaker, on behalf of the exploring ways to improve the well- The text of the resolution is as fol- House Committee on Oversight and being of distressed youth and reduce lows: Government Reform, I am pleased to the incidence of runaways. present House Resolution 1687 for con- In addition, I would like to commend H. RES. 1687 sideration. This resolution recognizes the work done by organizations such as Whereas the number of runaway and home- the importance of youth runaway pre- the National Center for Missing and less youth in the United States is staggering, with studies suggesting that between vention and at-risk youth programs. Exploited Children and the National 1,600,000 and 2,800,000 youth live on the House Resolution 1687 was introduced Runaway Switchboard as well as simi- streets each year; by our colleague, Representative JUDY lar organizations across the country Whereas the problem of children who run BIGGERT of Illinois, on September 29, that help ensure runaways and home- away from home is widespread, as youth be- 2010. Notably, this measure enjoys the less kids in our communities aren’t de- tween 12 and 17 years of age are at a higher support of 55 cosponsors. prived of a chance at a future. In my risk of homelessness than adults; Madam Speaker, according to the Na- home State of Illinois alone, almost Whereas runaway youth are often expelled tional Runaway Switchboard, between 7,500 calls were placed to the National from their homes by their families, dis- 1.6 million and 2.8 million youth run charged by State custodial systems without Runaway Switchboard last year, and adequate transition plans, separated from away from home every year. Notably, nationally the organization fielded their parents by death and divorce, or phys- the National Runaway Switchboard re- over 117,000 calls. For more than two ically, sexually, and emotionally abused at ports that among those youth at great- decades, the National Center for Miss- home; est risk of running away and facing ing and Exploited Children has worked

VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.010 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8040 CONGRESSIONAL RECORD — HOUSE December 7, 2010 with communities to coordinate strate- may have 5 legislative days in which to vided quality after-school programs, an gies to reunite children with their fam- revise and extend their remarks. adult day care, holiday meals for peo- ilies. The SPEAKER pro tempore. Is there ple in need, and neighborhood lunches. With so many children living on the objection to the request of the gen- He also created a Walk of Fame that street and the risk that runaway youth tleman from Missouri? honors local African Americans who pose to themselves and their commu- There was no objection. have been pioneers in St. Louis. nities, it is clear that much work still Mr. CLAY. Madam Speaker, once When Earl Wilson, Jr., passed away remains. But by highlighting the prob- again I stand as a member of the House on October 29 of this year, it was not lem and expressing support for the val- Committee on Oversight and Govern- only an enormous personal loss for my uable work done by communities and ment Reform to join my colleagues in family and me, but his death was youth organizations, we can make sig- the consideration of H.R. 6400. This leg- mourned throughout St. Louis and nificant progress towards preventing islation would name the U.S. post of- across our Nation. instances of children running away fice facility at 111 North 6th Street in Madam Speaker, I have been blessed from home and create an environment St. Louis, Missouri, after a man who to experience and witness firsthand his in which our Nation’s at-risk youth transformed his community while giv- commitment to opening the doors of have access to the building blocks for a ing hope and opportunity to hundreds higher education to young people. He lifetime of success. of young people, a true giant of philan- selflessly invested his immense talents With that, I would like to encourage thropy, the late Earl Wilson, Jr. and boundless energy to build up his all my colleagues to support this im- b 1420 community and his country. And as we portant resolution. move to recognize the accomplish- Madam Speaker, I yield back the bal- The measure before us was first in- ments of this great humanitarian, fa- ance of my time. troduced on November 15, 2010. I am ther, and friend to many, I ask that we Mr. CLAY. Madam Speaker, again let proud to say that the bill now enjoys pass the underlying bill without res- me thank our colleague Mrs. BIGGERT the support and cosponsorship of 18 ervation and pay tribute to a great of Illinois for introducing this impor- Members of Congress, including the en- American, Earl Wilson, Jr. tant legislation and let me again urge tire congressional delegation from my I urge passage of H.R. 6400, and I re- my colleagues to join me in supporting home State of Missouri. serve the balance of my time. this measure. Madam Speaker, Earl Wilson, Jr.’s Mrs. BIGGERT. Madam Speaker, I Madam Speaker, I yield back the bal- lifetime of achievement in the cor- yield myself such time as I may con- ance of my time. porate world, as the founder of the St. sume. The SPEAKER pro tempore. The Louis Gateway Classic Foundation, as I rise today in support of H.R. 6400, to question is on the motion offered by a proud veteran in the U.S. Army, as a designate the facility of the United the gentleman from Missouri (Mr. father, husband, and friend to so many States Postal Service located at 111 CLAY) that the House suspend the rules will live forever. North 6th Street in St. Louis, Missouri, and agree to the resolution, H. Res. Earl Wilson, Jr., was born in St. as the ‘‘Earl Wilson, Jr. Post Office.’’ 1687. Louis on October 9, 1932. He grew up on Madam Speaker, Mr. Wilson did so The question was taken; and (two- 11th Street, just a few blocks away much for his country and community thirds being in the affirmative) the from the U.S. Post Office that will throughout his 78 years, as Mr. CLAY rules were suspended and the resolu- hopefully bear his name. Mr. Wilson has spoken of so eloquently. He was a tion was agreed to. graduated from Vashon High School man dedicated to helping and improv- A motion to reconsider was laid on and received his B.S. in education from the table. ing the lives of others, and it’s proper Lincoln University in 1957. After grad- and fitting that we name this post of- f uation, he proudly served as a captain fice to honor Mr. Wilson. So I urge all EARL WILSON, JR. POST OFFICE in the U.S. Army Corps of Engineers. Members to join Mr. CLAY and the en- In 1963, he became a corporate trail- Mr. CLAY. Madam Speaker, I move tire Missouri delegation in support of blazer at IBM, where he was a stellar to suspend the rules and pass the bill this bill. performer for three decades. Toward (H.R. 6400) to designate the facility of I have no further requests for time, the end of his IBM career, Mr. Wilson the United States Postal Service lo- and I yield back the balance of my was loaned to his alma mater to help cated at 111 North 6th Street in St. time. rescue his school from financial straits, Louis, Missouri, as the ‘‘Earl Wilson, Mr. CLAY. Madam Speaker, I have which he successfully accomplished. Jr. Post Office’’. no further requests for time, and, The Clerk read the title of the bill. Earl Wilson, Jr., later founded the again, I would just like to urge my col- The text of the bill is as follows: St. Louis Gateway Classic Foundation, leagues to pass the underlying bill. H.R. 6400 an annual football contest that helped I yield back the balance of my time. to fund the dreams of deserving stu- Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. The resentatives of the United States of America in dents. Without a doubt, his impact on question is on the motion offered by Congress assembled, the lives of so many young St. the gentleman from Missouri (Mr. SECTION 1. EARL WILSON, JR. POST OFFICE. Louisans will endure for generations to CLAY) that the House suspend the rules (a) DESIGNATION.—The facility of the come. and pass the bill, H.R. 6400. United States Postal Service located at 111 Over the last 16 years, the annual The question was taken. North 6th Street in St. Louis, Missouri, shall Gridiron Classic featured top Histori- The SPEAKER pro tempore. In the be known and designated as the ‘‘Earl Wil- cally Black Colleges and Universities. opinion of the Chair, two-thirds being son, Jr. Post Office’’. The game itself was a celebration of (b) REFERENCES.—Any reference in a law, in the affirmative, the ayes have it. map, regulation, document, paper, or other football tradition and a battle of the Mr. CLAY. Madam Speaker, on that I record of the United States to the facility re- bands. But as Earl Wilson often re- demand the yeas and nays. ferred to in subsection (a) shall be deemed to minded us, ‘‘It was more than just a The yeas and nays were ordered. be a reference to the ‘‘Earl Wilson, Jr. Post game.’’ The St. Louis Gateway Classic The SPEAKER pro tempore. Pursu- Office’’. Foundation effectively raised $2.6 mil- ant to clause 8 of rule XX and the The SPEAKER pro tempore. Pursu- lion to send average C-grade students Chair’s prior announcement, further ant to the rule, the gentleman from to college on full 4-year scholarships. proceedings on this motion will be Missouri (Mr. CLAY) and the gentle- The foundation’s busy year-round postponed. woman from Illinois (Mrs. BIGGERT) schedule of fundraising and community f each will control 20 minutes. events helped to fuel its success. To The Chair recognizes the gentleman raise money, Wilson orchestrated golf RECOGNIZING CENTENNIAL OF from Missouri. tournaments, basketball shoot-outs, LILBURN, GEORGIA GENERAL LEAVE baseball games, a boxing showcase, Mr. CLAY. Madam Speaker, I move Mr. CLAY. Madam Speaker, I ask pageants, and concerts. To give back to to suspend the rules and agree to the unanimous consent that all Members the community, the foundation pro- resolution (H. Res. 1642) recognizing

VerDate Mar 15 2010 01:22 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.012 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8041 the centennial of the City of Lilburn, Whereas the 2000 Census found the popu- 15, 1920, and the Great Depression near- Georgia and supporting the goals and lation of the City of Lilburn to be 11,307 peo- ly wiped the city out for good. ideals of a City of Lilburn Day. ple, 3,943 households, and 2,835 families; The city gradually relocated to an The Clerk read the title of the resolu- Whereas, on July 27, 2010, the City of auto-friendly location around Highway Lilburn marked the 100th anniversary of its tion. incorporation; 29 as widespread travel by car became The text of the resolution is as fol- Whereas the City of Lilburn will formally an alternative to rail travel. In 1976, lows: celebrate its centennial on September 25, Lilburn’s city hall was built in the H. RES. 1642 2010; city’s original location, anchoring its Whereas the City of Lilburn was founded in Whereas the Centennial Year Council, Old Town district with shops and res- 1890 by the Seaboard Airline Railway; made up of Mayor Diana Preston and Coun- taurants. Today, Lilburn is a vibrant, Whereas the City was named after the gen- cilmen Scott Batterton, Johnny Crist, Tim small city with an active arts commu- eral superintendent of the railroad, Lilburn Dunn, and Eddie Price, has continued as well nity, a large and diverse collection of Trigg Myers of Virginia; as initiated projects such as the Downtown Development Authority, the Lilburn Com- churches and temples, and growing Whereas, on July 27, 1910, the City of South Asian and Latino populations. Lilburn, Georgia, incorporated by the Geor- munity Improvement District, the Lilburn gia General Assembly and W.A. Carroll be- Community Partnership, and the Centennial Madam Speaker, let us now con- came the city’s first mayor and T.F. Greenway Trail with the intention that such gratulate the City of Lilburn on its Brownlee, Dr. H.T. Dickens, W.H. Massey, projects will ensure a healthy and vibrant centennial through the passage of and J.S. Young were the first four council- community for generations to come; House Resolution 1642. I urge my col- men; Whereas the City of Lilburn will celebrate leagues to join me in supporting it. Whereas John Choice’s store was the first its centennial with numerous activities in- I reserve the balance of my time. general store in Lilburn, located at the cluding music, games, an ice cream social, Mrs. BIGGERT. Madam Speaker, I crossroads of today’s Rockbridge Road, Har- and a mini-museum at numerous locations throughout the city; and yield myself such time as I may con- mony Grove Road, and Highway 29; sume. Whereas a post office and voting precinct Whereas the commitment to preserving were established at John Choice’s store; Lilburn’s legacy is evident today with its I rise today to support House Resolu- Whereas Choice’s store was a landmark on Centennial Celebration on September 25, tion 1642, which recognizes the centen- a Civil War map used by General Sherman in 2010, which brings the past and the present nial of Lilburn, Georgia. Located just his Atlanta campaign; together to reflect, to plan, and to act for outside of Atlanta, the City of Lilburn Whereas by 1919, the town had grown to in- the community to continue to grow and was incorporated by the Georgia Gen- clude a bank, school, auto dealer, two doc- prosper: Now, therefore, be it eral Assembly on July 27, 1910. I under- tors, and about nine merchants; Resolved, That the House of Representa- tives— stand that Lilburn celebrated the cen- Whereas the business section of Lilburn tennial on September 25, and I wish to was largely destroyed by fire on November (1) recognizes the centennial of the City of 15, 1920; Lilburn, Georgia; congratulate the city and everyone in- Whereas the depression of 1929 also took a (2) congratulates the City of Lilburn, Geor- volved in the planning and execution of heavy toll on the area and the town gradu- gia, on its centennial; the festivities. ally died and the government organized in (3) supports the goals and ideals of a City Madam Speaker, I urge all Members 1910 ceased to exist; of Lilburn Day; and to join in support of this resolution, Whereas it is claimed that the people were (4) requests that the President issue a and I reserve the balance of my time. so quiet, well behaved, orderly, and law abid- proclamation calling upon the people of the ing that there was no need for government; United States to observe such with appro- b 1430 Whereas the town gradually relocated priate ceremonies and activities. Mr. CLAY. Madam Speaker, at this along Highway 29, as automobiles provided The SPEAKER pro tempore. Pursu- time I yield 5 minutes to one of the an alternative to the railroad and thereby ant to the rule, the gentleman from original cosponsors of the resolution, created an old and new Lilburn; Missouri (Mr. CLAY) and the gentle- Whereas the need for a water line in 1955 and a gentleman who has represented woman from Illinois (Mrs. BIGGERT) created a new city government and the town the city over time, my good friend began to grow again; each will control 20 minutes. from the great State of Georgia, Mr. Whereas in 1976, a new city hall was built The Chair recognizes the gentleman DAVID SCOTT. in the Old Town area and led to the vibrant from Missouri. Mr. SCOTT of Georgia. Thank you, City of Lilburn as it stands today; GENERAL LEAVE Mr. CLAY, for your outstanding leader- Whereas the City of Lilburn has been home Mr. CLAY. Madam Speaker, I ask ship on the committee and for your to several notable citizens including Na- unanimous consent that all Members outstanding leadership in bringing for- tional Basketball Association Hall of Fame Player, Dominique Wilkins, and Miss Geor- may have 5 legislative days in which to ward this very, very appropriate and gia 2009, Kimberly Gittings; revise and extend their remarks. extraordinary resolution for a very ex- Whereas the City of Lilburn boasts a di- The SPEAKER pro tempore. Is there traordinary city that I have had the verse mix of churches and temples, including objection to the request of the gen- privilege of representing for many Shri Swaminarayan Mandir, one of the larg- tleman from Missouri? years that has now been redistricted est Hindu temples in the world and the larg- There was no objection. over the years, and my colleague HANK est traditional, stone, and marble Hindu Mr. CLAY. Madam Speaker, I now JOHNSON now represents it. But once temple outside of India; yield myself such time as I may con- you represent Lilburn, you always rep- Whereas the Shri Swaminarayan Mandir was completed and dedicated in Lilburn on sume. resent the city of Lilburn. August 26, 2007; On behalf of the Committee on Over- It is a fantastic city, made up of tre- Whereas the City of Lilburn has a vibrant sight and Government Reform, I am mendous people who are very coura- arts culture and an active citizenry; pleased to present House Resolution geous, who are very smart, and who Whereas the 37th annual Lilburn Daze, an 1642 for consideration. This measure make a very significant contribution arts and crafts festival promoted by the recognizes the centennial of the City of to every aspect of the forward progress Women’s Club, is celebrated on the second Lilburn, Georgia. House Resolution of our great State of Georgia. So I am Saturday in October and features over 400 1642 was introduced by our colleague, proud as a cosponsor of this resolution, vendors; Whereas the annual Christmas parade, held the gentleman from Georgia, HANK which recognizes the history, the on the second Saturday in December, is al- JOHNSON, on September 22, 2010. The prominence, and the resilience, espe- ways an anticipated event for the commu- measure enjoys the support of over 50 cially the resilience. Because you nity with over 70 participants marching Members of the House. measure greatness not by the easy down Main Street; Madam Speaker, the City of Lilburn times; you measure greatness by the Whereas the City of Lilburn strongly val- was founded in 1890 by the Seaboard tough times that you go through and ues education and is home to eight elemen- Airline Railway and incorporated in that you overcome. Such is the story of tary schools, three middle schools, three 1910 by the Georgia General Assembly. this great city of Lilburn, Georgia. high schools, and five private schools; Whereas the City of Lilburn has undergone This historic city has faced dramatic As many of my colleagues know, and dramatic demographic change since its in- changes and tough times since its in- as I mentioned before, I had the privi- corporation, and boasts a growing South corporation. Its business district was lege of representing Lilburn during my Asian and Hispanic population; largely destroyed in a fire on November first term as a Member of Congress. I

VerDate Mar 15 2010 02:39 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.016 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8042 CONGRESSIONAL RECORD — HOUSE December 7, 2010 had my district office out there, and Lilburn, Georgia, to usher through, arships, exchange programs, humanitarian grew to love the people of Lilburn, and with the help of my friends, this reso- grants, and service projects; still do. And I can proudly say that the lution, which speaks to the prominence Whereas annual dues from members world- men and women of Lilburn are still as and the resilience of the people of wide help finance Rotary programs and serv- ice opportunities that are designed to help uplifting and courageous today as they Lilburn. Rotarians meet the needs of their own com- were when I had the honor of rep- My colleague DAVID SCOTT has said it munities and assist people worldwide; resenting that extraordinary city. all, ladies and gentlemen. And I do ap- Whereas the core values of Rotary Inter- It was first inhabited by Native preciate him for his very eloquent national are service, fellowship, diversity, Americans, Madam Speaker, the Na- words on behalf of this resolution. All integrity, and leadership; and tive American tribes, in 1817. The city has been said. It’s tough to follow a Whereas the Four-Way Test of Rotary of Lilburn has since blossomed to a Baptist preacher. And I won’t even try International promotes universal values and community now of over 11,000 people. at this time. But I would ask that my asks the following questions, ‘‘Of the things we think, say or do: Is it the truth?; Is it fair This community now has eight elemen- colleagues give this due consideration to all concerned?; Will it build goodwill and tary schools, three middle schools, and please vote ‘‘yes’’ on this resolu- better friendships?; and Will it be beneficial three high schools, and five private tion, H. Res. 1642, recognizing the cen- to all concerned?’’: Now, therefore, be it schools. And I am proud to say that the tennial of the city of Lilburn, Georgia. Resolved, That the House of Representa- education system within the city of Mrs. BIGGERT. I ask for support of tives recognizes Rotary International for 105 Lilburn is creating the future leaders this resolution, and I yield back the years of service to the world and commends of my great State of Georgia, this Na- balance of my time. members on their dedication to the mission tion, and indeed, the world. Mr. CLAY. Madam Speaker, I again and principles of their organization. Madam Speaker, the city of Lilburn urge my colleagues to join me in sup- The SPEAKER pro tempore. Pursu- has truly been tested, as I mentioned porting this measure. ant to the rule, the gentleman from before, and as my colleagues have men- I yield back the balance of my time. Missouri (Mr. CLAY) and the gentle- tioned. Of the tremendous challenges The SPEAKER pro tempore. The woman from Illinois (Mrs. BIGGERT) facing this city, on that devastating question is on the motion offered by each will control 20 minutes. day of November 15, 1920, the city busi- the gentleman from Missouri (Mr. The Chair recognizes the gentleman ness section was completely destroyed CLAY) that the House suspend the rules from Missouri. by a fire. And while the pulse of the and agree to the resolution, H. Res. GENERAL LEAVE city was tested by this fire, the great 1642. Mr. CLAY. Madam Speaker, I ask people of Lilburn rose to the challenge The question was taken. unanimous consent that all Members to reclaim their sense of community The SPEAKER pro tempore. In the may have 5 legislative days in which to and partnership, rolled their sleeves opinion of the Chair, two-thirds being revise and extend their remarks. up, and went to work and rebuilt this in the affirmative, the ayes have it. The SPEAKER pro tempore. Is there great city. Mr. CLAY. Madam Speaker, on that I objection to the request of the gen- And today I am proud to say that the demand the yeas and nays. tleman from Missouri? city of Lilburn is largely associated The yeas and nays were ordered. There was no objection. with the Gwinnett County Chamber of The SPEAKER pro tempore. Pursu- Mr. CLAY. Madam Speaker, I yield Commerce, which now boasts a sound ant to clause 8 of rule XX and the myself such time as I may consume. residential area, a thriving business Chair’s prior announcement, further Madam Speaker, I rise in support of section where historic buildings are for proceedings on this motion will be House Resolution 1727, a measure rec- antiques, crafts, clothing, restaurants, postponed. ognizing Rotary International for 105 and all in an inviting atmosphere. The f years of service to the world, and com- culture, the arts, the business, edu- mending members on their dedication RECOGNIZING ROTARY cation, these are areas of great con- to the mission and principles of their INTERNATIONAL tribution of this great city. organization. Madam Speaker, today the city of Mr. CLAY. Madam Speaker, I move House Resolution 1727 was introduced Lilburn is represented by Mayor Diana to suspend the rules and agree to the by our colleague, the gentleman from Preston, Councilman Scott Batterton, resolution (H. Res. 1727) recognizing Texas, Representative LAMAR SMITH, Councilman John Crist, Councilman Rotary International for 105 years of on November 18, 2010. The measure en- Tim Dunn, and Councilman Eddie service to the world and commending joys bipartisan support from over 60 co- Price, great people doing a great job. members on their dedication to the sponsors. And together, these outstanding public mission and principles of their organi- Madam Speaker, most of us here are leaders are continuing to advance the zation. familiar with the work of our local Ro- city of Lilburn in an economically and The Clerk read the title of the resolu- tary clubs. Their devotion to service culturally vibrant and healthy way. tion. makes a tremendous difference in the The leaders of this great city have ini- The text of the resolution is as fol- lives of all of our communities and in tiated projects such as Downtown De- lows: communities around the world. The velopment Authority, the Lilburn H. RES. 1727 projects that the over 34,000 Rotary Community Improvement District, the Whereas the mission of Rotary Inter- clubs sponsor are too numerous to list Lilburn Community Partner, and the national is to provide service to others, pro- here, but some of Rotary Inter- Centennial Gateway Trail. mote integrity, and advance world under- national’s highest profile undertakings Madam Speaker, greatness is here, standing, goodwill, and peace through its fel- include PolioPlus, an effort to elimi- and it is in the possession of the great lowship of business, professional, and com- nate polio around the world. city of Lilburn. I encourage all of my munity leaders; Whereas Rotary International, founded in b 1440 colleagues to unanimously pass this 1905, in Chicago, Illinois, is the world’s first They have raised hundreds of mil- resolution in honor of this great and service club and one of the largest nonprofit historic city, Lilburn, Georgia. service organizations; lions of dollars for that effort. Mrs. BIGGERT. I reserve the balance Whereas there are more than 1,200,000 Ro- Another global undertaking by Ro- of my time. tary International club members comprised tary International has been an aggres- Mr. CLAY. Madam Speaker, I yield 5 of professional, community, and business sive effort to help solve the global minutes to the gentleman from the leaders in more than 34,000 clubs in over 200 water and sanitation crisis, which great State of Georgia who happens to countries and geographical areas; claims over 2 million lives each year, represent the city of Lilburn, Georgia, Whereas the Rotary International motto, including 4,000 children every day. Ear- ‘‘Service Above Self’’, inspires members to lier this year, Rotary International en- and the chief sponsor of the resolution, provide humanitarian service, meet high Mr. HANK JOHNSON. ethical standards, and promote international tered into a partnership with the U.S. Mr. JOHNSON of Georgia. Madam goodwill and peace; Agency for International Development Speaker, today I am pleased, on behalf Whereas Rotary International promotes to implement sustainable long-term of the citizens of the great city of international understanding through schol- water sanitation and hygiene projects

VerDate Mar 15 2010 02:39 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.018 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8043 in the Dominican Republic, Ghana, and Like many Members of this House, I SUPPORTING NATIONAL ESSEN- the Philippines. have been a member of my local Ro- TIAL TREMOR AWARENESS Rotarians have also assisted in dis- tary Club, the McCandless Rotary. MONTH aster relief efforts in Indonesia, Paki- Over the years, I have served in many Mr. CLAY. Madam Speaker, I move stan and New Orleans, helping to dis- of the club’s offices, including a term to suspend the rules and agree to the tribute food, clean water shelters and as its president. I have seen firsthand resolution (H. Res. 1264) expressing sup- medical supplies. These are just a few the great work that Rotary Clubs pro- port for the designation of March as examples of some of Rotary Inter- vide for their communities and lit- National Essential Tremor Awareness national’s service projects. In addition erally around the world. Month. to supporting projects like these Founded in 1905 in Chicago, Rotary The Clerk read the title of the resolu- around the world, Rotary International International is the world’s first for- tion. supports scholarships, exchange pro- mal service club and has grown into The text of the resolution is as fol- grams, and humanitarian grants. one of the largest nonprofit service or- lows: Madam Speaker, let us take the time ganizations in the world. The mission H. RES. 1264 now to thank Rotary International for of Rotary is to serve others, promote Whereas essential tremor is the most com- all that they continue to do to fulfill integrity and advance worldwide un- mon movement disorder, affecting up to 10 their mission of providing service to derstanding, goodwill and peace million Americans, including 4 to 5 percent others, promoting integrity and ad- through its fellowship network of busi- of people aged 40 to 60, and 6 to 9 percent of vancing world understanding, goodwill ness and community leaders. people aged 60 and older; and peace. I would, therefore, urge my Today, there are 1.2 million Rotar- Whereas essential tremor is often colleagues to join me in supporting the ians in more than 34,000 clubs across misdiagnosed as Parkinson’s disease, dystonia and other neurological movement resolution, which recognizes Rotary six continents. The district that I rep- disorders, most people with essential tremor International for 105 years of service to resent is home to 25 of those clubs. are not diagnosed until after several visits to the world. With a well-known motto of ‘‘Service many physicians; I reserve the balance of my time. Above Self,’’ Rotary International pro- Whereas essential tremor is not a normal Mrs. BIGGERT. Madam Speaker, I motes understanding through scholar- outcome of aging, as believed by many peo- yield such time as he may consume to ships, student exchange programs, hu- ple including some physicians, but is an ab- the distinguished gentleman from manitarian grants, and other service normal condition, primarily genetic, afflict- Texas, the sponsor of this resolution, projects. ing people of all ages, including newborns; Whereas there are no medications that Mr. LAMAR SMITH. I am sure every Member of this have been developed for people with essential Mr. SMITH of Texas. I would like to House has at one time or another at- tremor, the medications currently being thank the gentlewoman from Illinois tended a Rotary meeting or spoken to used were developed for other conditions and for yielding me time. I also would like a Rotary group. The resolution we are only help 60 percent of the people affected, to thank my colleagues on the com- debating today recognizes Rotary and the only treatment specifically designed mittee itself for giving this resolution International for 105 years of service to for essential tremor is brain surgery; bipartisan support. the world and commends its members Whereas essential tremor interferes with a Madam Speaker, this resolution hon- on their dedication to the mission and person’s ability to perform activities of daily ors Rotary International for 105 years living such as grooming and writing, and in principles of Rotary International’s or- approximately 5 percent of cases, is totally of service and commends members for ganization. disabling; their dedication to the mission and I join my colleagues in support of Whereas research shows that people with principles of Rotary. this resolution. essential tremor have a higher incidence of The mission of Rotary International Mrs. BIGGERT. Madam Speaker, I depression than the general population and is to provide service to others, promote yield myself such time as I may con- that a significant number of these people iso- integrity and advance world standing, sume. late themselves in their homes; goodwill and peace through its fellow- I can’t help but emphasize that Ro- Whereas essential tremor is a chronic con- ship. All across the country, business, tary International was founded in the dition that undermines the American econ- omy through lost wages and work hours and professional and community leaders great State of Illinois, in Chicago, in high medical costs in getting an accurate di- better their communities by partici- 1905; and it is the world’s first service agnosis; pating in their local Rotary Clubs. club and one of the largest nonprofit Whereas overcoming the medical, social, Founded in 1905 in Chicago, Illinois, service organizations. Its motto, and economic issues listed in this resolution Rotary International is the world’s ‘‘Service Above Self,’’ helps encourage depends upon research and research funding first service club and one of the largest members provide humanitarian aid, is dependent upon awareness; and nonprofit service organizations. Rotary meet high ethical standards and pro- Whereas March would be an appropriate International promotes international mote international goodwill and peace. month to designate as ‘‘National Essential understanding through scholarships, Tremor Awareness Month’’: Now, therefore, We salute all members of Rotary Inter- be it exchange programs, humanitarian national for their great civic works as Resolved, That the House of Representa- grants and service projects. Their they celebrate this anniversary. tives— motto is ‘‘Service Above Self.’’ I thank the gentleman from Texas (1) supports the designation of ‘‘National Rotary International also promotes for sponsoring this resolution. I urge Essential Tremor Awareness Month’’ for the universal values with their ‘‘four-way all Members to join in support of the purpose of raising awareness about the Na- test’’ that asks the following ques- resolution. tion’s number one neurological condition, af- tions: ‘‘Of the things we think, say or I yield back the balance of my time. fecting approximately 10,000,000 Americans; and do: Is it the truth? Is it fair to all con- Mr. CLAY. Madam Speaker, I again (2) encourages the people of the United cerned? Will it build goodwill and bet- urge my colleagues to join me in sup- States to support the observance of National ter friendships? Will it be beneficial to porting this measure, and I yield back Essential Tremor Awareness Month by par- all concerned?’’ the balance of my time. ticipating in the educational activities of It is a pleasure to recognize Rotary The SPEAKER pro tempore. The the International Essential Tremor Founda- International for 105 years of service. I question is on the motion offered by tion. hope my colleagues will join me in the gentleman from Missouri (Mr. The SPEAKER pro tempore. Pursu- honoring them on this achievement. CLAY) that the House suspend the rules ant to the rule, the gentleman from Mr. CLAY. Madam Speaker, at this and agree to the resolution, H. Res. Missouri (Mr. CLAY) and the gentle- time I yield 2 minutes to the gen- 1727. woman from Illinois (Mrs. BIGGERT) tleman from the great State of Penn- The question was taken; and (two- each will control 20 minutes. sylvania (Mr. ALTMIRE). thirds being in the affirmative) the The Chair recognizes the gentleman Mr. ALTMIRE. Madam Speaker, I rules were suspended and the resolu- from Missouri. rise today to join my colleagues in tion was agreed to. GENERAL LEAVE commemorating the Rotary Inter- A motion to reconsider was laid on Mr. CLAY. Madam Speaker, I ask national Club for 105 years of service. the table. unanimous consent that all Members

VerDate Mar 15 2010 02:39 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.021 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8044 CONGRESSIONAL RECORD — HOUSE December 7, 2010 may have 5 legislative days in which to those who have this disease, everyday The Clerk read the title of the resolu- revise and extend their remarks. life can present some frustrating chal- tion. The SPEAKER pro tempore. Is there lenges. The text of the resolution is as fol- objection to the request of the gen- Unfortunately, due to a lack of lows: tleman from Missouri? awareness and stereotypes, many suf- H. RES. 1531 There was no objection. fering from essential tremor do not Whereas the world’s first veterinary school Mr. CLAY. Madam Speaker, at this seek medical care. Unfortunately, was founded in Lyon, France, in 1761; time I yield 5 minutes to the chief there are no medications that have Whereas 2011 will mark the 250th anniver- sponsor of the legislation, the gen- been developed for people with these sary of veterinary education; Whereas 2011 will mark the 250th anniver- tleman from Kansas (Mr. MOORE). tremors; so I thank the gentleman from Kansas for bringing this impor- sary of the founding of the veterinary med- Mr. MOORE of Kansas. I thank the ical profession; gentleman. tant issue before us today to raise Whereas 2011 will mark the beginnings of Madam Speaker, I rise in support of awareness about ET. comparative biopathology, a basic tenet of House Resolution 1264, a resolution I would also like to thank the gen- the ‘‘one health’’ concept; supporting the designation of March as tleman from Kansas (Mr. MOORE) for Whereas veterinarians have played an inte- Essential Tremor Awareness Month. his hard work and years of service—12 gral role in discovering the causes of numer- As you may know, essential tremor, years, I think it is, since we came in at ous diseases that affect the people of the also known as ET, is a progressive neu- the same time—of service in this body United States, such as salmonellosis, West rological condition that causes a and for his work as chairman of the Fi- Nile Virus, yellow fever, and malaria; Whereas veterinarians provide valuable rhythmic trembling of the hands, head, nancial Services Subcommittee on public health service through preventive voice, legs, or trunk. It is often con- Oversight and Investigations, which I medicine, control of zoonotic diseases, and fused with Parkinson’s disease and have the honor of serving with him as scientific research; dystonia. ET is estimated to affect up the ranking member. So I really appre- Whereas veterinarians have advanced to 10 million Americans, including up ciate everything he’s done in this body, human and animal health by inventing and to 5 percent of people aged 40 to 60, and and I wish him well. We will miss him. refining techniques and instrumentations up to 9 percent of people aged 60 and With that, Madam Speaker, I urge all such as artificial hips, bone plates, splints, older. Members to join me in support of this and arthroscopy; resolution. Whereas veterinarians play an integral ET can interfere with a person’s abil- role in protecting the quality and security of ity to perform activities of daily living I yield back the balance of my time. Mr. CLAY. Madam Speaker, I too, the herd and food supply of the United such as grooming and writing, and in States; approximately 5 percent of cases is to- like my colleague from Illinois, want Whereas military veterinarians provide tally disabling. Additionally, research to thank my friend and neighbor from crucial assistance to the agricultural inde- has shown that people with ET have a Kansas (Mr. MOORE) for introducing pendence of developing nations around the higher incidence of depression than the this important piece of legislation, but world; general population and that a signifi- more than that, for his level of service Whereas disaster relief veterinarians pro- vide public health service and veterinary cant number of these people isolate here in this institution and someone that I can truly look to and call a medical support to animals and humans dis- themselves in their homes. placed and ravaged by disasters; Because of stereotypes and a lack of friend. It has been a wonderful 10 years for Whereas veterinarians are dedicated to awareness, many people with ET never preserving the human-animal bond and pro- seek medical care, though most would us, and thank you for your service to moting the highest standards of science- benefit from treatment. While no medi- your State and your country, Mr. based, ethical animal welfare; cations have been developed for people MOORE. Whereas 2011 would be an appropriate year And with that, Madam Speaker, I with ET, specifically, the medications to designate as ‘‘World Veterinary Year’’ to would urge my colleagues to join me in bring attention to and show appreciation for currently being used for other condi- supporting this measure which sup- the veterinary profession on its 250th anni- tions may help up to 60 percent of peo- ports the designation of March as Na- versary; and ple with ET. tional Essential Tremor Awareness Whereas colleagues in the United States While this number is encouraging, will join veterinarians from around the Month. clearly more research is needed to de- world to celebrate this momentous occasion: I yield back the balance of my time. Now, therefore, be it velop treatments from chairman all The SPEAKER pro tempore. The people with ET can benefit. Organiza- Resolved, That the House of Representa- question is on the motion offered by tives— tions such as the International Essen- the gentleman from Missouri (Mr. (1) supports the designation of ‘‘World Vet- tial Tremor Foundation headquartered CLAY) that the House suspend the rules erinary Year’’; in my district in Lenexa, Kansas, are and agree to the resolution, H. Res. (2) supports the goals and ideals of World leading the way to promote research in 1264. Veterinary Year by bringing attention to an effort to determine the causes, The question was taken. and expressing appreciation for the contribu- treatment and ultimately the cure for The SPEAKER pro tempore. In the tions that the veterinary profession has ET, as well as provide information, opinion of the Chair, two-thirds being made and continues to make to animal services and support to individuals and health, public health, animal welfare, and in the affirmative, the ayes have it. food safety; and families affected by ET. Mr. CLAY. Madam Speaker, on that I (3) requests that the President issue a b 1450 demand the yeas and nays. proclamation calling upon the people of the The yeas and nays were ordered. United States to ‘‘World Veterinary Year’’ To bolster these efforts and to create The SPEAKER pro tempore. Pursu- with appropriate programs, ceremonies, and more awareness about tremors as well ant to clause 8 of rule XX and the activities. as the need for greater ET research, Chair’s prior announcement, further The SPEAKER pro tempore. Pursu- please join me in supporting our reso- proceedings on this motion will be ant to the rule, the gentleman from lution supporting the designation of postponed. Missouri (Mr. CLAY) and the gentle- March as National Essential Tremor f woman from Illinois (Mrs. BIGGERT) Awareness Month. each will control 20 minutes. Mrs. BIGGERT. Madam Speaker, I SUPPORTING DESIGNATION OF The Chair recognizes the gentleman yield myself such time as I may con- WORLD VETERINARY YEAR from Missouri. sume. Mr. CLAY. Madam Speaker, I move GENERAL LEAVE I rise today to support House Resolu- to suspend the rules and agree to the Mr. CLAY. Madam Speaker, I ask tion 1264, which expresses support for resolution (H. Res. 1531) expressing sup- unanimous consent that all Members the designation of March as National port for designation of 2011 as ‘‘World may have 5 legislative days in which to Tremor Association Awareness Month. Veterinary Year’’ to bring attention to revise and extend their remarks. ET is certainly the most common and show appreciation for the veteri- The SPEAKER pro tempore. Is there movement disorder, afflicting nearly 10 nary profession on its 250th anniver- objection to the request of the gen- million Americans. And, of course, for sary. tleman from Missouri?

VerDate Mar 15 2010 02:39 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.024 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8045 There was no objection. Mrs. BIGGERT. I yield myself such ians serve a crucial role in protecting Mr. CLAY. At this time, Madam time as I may consume. our country from serious food-borne Speaker, I yield 5 minutes to my col- I rise today to support House Resolu- illnesses, from biological hazards, from league, the gentleman from Oregon tion 1531, which expresses support for pathogens. Veterinarians work to curb (Mr. SCHRADER). designation of 2011 as World Veterinary bacterial infections and diagnose con- Mr. SCHRADER. I appreciate Mr. Year, with the goal of helping to bring ditions such as foot-and-mouth disease CLAY for yielding time to me. attention to and showing appreciation and avian flu before they really have a I would like to take a moment here for the veterinarian profession on its chance to become a threat to our food and thank Chairman TOWNS and Rank- 250th anniversary. supply. ing Member ISSA and their staffs on the I believe that those who choose to Having someone in the field to mon- Oversight and Government Reform enter into the medical profession de- itor these dangers is critical to our Committee for helping to bring this serve our gratitude for entering into a safety in a world of global trade, and resolution to the floor. life where they help heal the sick, be it particularly, constant trading in and As a veterinarian myself and a Mem- human or animal. And for many of us, out of different countries of food and ber of Congress, I introduced this reso- our pets become a huge part of our animals over our wide, incredible dif- lution to bring attention to the veteri- family, and our Nation’s veterinarians ferences. nary profession at a time when it faces help ensure our furry family members But, Madam Speaker, what worries some challenges and to honor the con- live long and rewarding lives. me the most and worries me greatly is tributions veterinary medicine has So, Madam Speaker, I urge all Mem- that our Nation is now in dire need of made in animal health, public health, bers to join me in support of this reso- many more veterinarians to provide us animal welfare, and our food safety. lution. with this undeniably vital service. The Next year will mark the 250th anni- I reserve the balance of my time. American Veterinary Medical Associa- versary of the opening of the first Vet- Mr. CLAY. Madam Speaker, at this tion has found several vast regions of erinary school in Lyon, France, and time I would like to recognize the gen- the country that currently lack suffi- the beginning of our veterinary profes- tleman from Georgia (Mr. SCOTT) for 5 cient food animal veterinarians. sion. The school in Lyon was author- minutes. Throughout the center of this country, ized by King Louis XV, August 4, 1761, Mr. SCOTT of Georgia. Thank you, from Texas to North Dakota, numerous based on the principles and methods of Mr. CLAY, once again. And certainly I counties don’t even have a single food curing livestock. The reputation of this want to thank the outstanding leader- animal veterinarian despite having school soon spread and students from ship of my colleague, Mr. KURT more than 25,000 animals. Some areas all over Europe attended, and these SCHRADER of Oregon, who’s the chief have many more than 100,000 animals students became the leading lights of sponsor of this bill, for it is, indeed, a with no food animal veterinarian near- veterinary science when they returned very important bill. by. to their own countries. I too want to thank the gentlelady The SPEAKER pro tempore. The A second school was established in from Illinois (Mrs. BIGGERT) for her time of the gentleman has expired. Alfort, France, and soon secondary leadership on this, and Mr. TOWNS, Mr. CLAY. I yield 2 additional min- schools built on the Lyon model ap- chairman of our Oversight Committee, utes to the gentleman. peared in Germany, England, and other for assisting us with making sure this Mr. SCOTT of Georgia. Without a se- European countries. Since its humble bill got on the suspension calendar. rious endeavor to train more large ani- beginnings in Lyon in the year 1761, the Madam Speaker, H.R. 1531, desig- mal veterinarians, the country could practice of veterinary medicine has nating 2011 as World Veterinary Year, be in a position where dangerous spread across the globe for the better- is a simple but an extraordinarily im- pathogens and disease go unchecked, ment of animals, humans, and our en- portant gesture, offering recognition leading to a major, major food safety vironment. for an often overlooked yet increas- hazard. We have come close in numer- As a result, veterinarians have be- ingly very important profession, and ous threats, and we have to keep our come the most qualified health profes- that is the field of veterinary medicine. food supply safe. At the forefront of sionals to help us deal with zoonotic We all know the role veterinarians that are our veterinarians. diseases, bioterrorism, comparative play in keeping our pets healthy. As a Earlier this year, the House passed medicine, and food safety issues on our pet owner myself, I’ve come to depend H.R. 3519, Veterinarian Services Invest- front lines and leaders in research and on the expertise and the skill of my vet ment Act. This bill creates grants to scientific innovation as well as the sci- to keep my precious dog, Jazz, very develop, deploy, and sustain veteri- entific benefits of the animal-human healthy. narian services and provides our Na- companion bond. But the work of veterinarians is so tion’s current and future animal physi- Veterinarians have always been an much more vital than just giving ra- cians with the resources they des- integral part of their communities and bies shots and passing out medicine. As perately need. While Senate prospects expected to be community leaders. I chairman of our Agriculture Sub- for this bill are uncertain, unfortu- may have carried it to an extreme. committee on Livestock, Dairy, and nately, as the remaining legislative In my lifetime, I have been actually Poultry, what I would like to high- year dwindles, I am hopeful that the blessed to see some exponential growth light, Madam Speaker, is the crucial Senate will act soon. It is imperative in the veterinary medical field. We role that our veterinarians play in that we address this dire shortage of went from the James Herriot era of keeping our food supply safe—not just veterinarians by supporting the train- liniments and potions to the ongoing keeping our animals safe and healthy, ing of new vets and by helping those al- use of antibiotics and steroids; ad- but keeping our food supply safe and ready in the field by equipping them vances in diagnostics and treatments, healthy. with the tools they need to maintain including IV therapy, dentistry; second successful practices. and third generation of antibiotics and b 1500 So I welcome this resolution, and I steroids, new anti-inflammatories; They are the ones that we are grow- commend Mr. SCHRADER for offering it, treatments for diabetes, Cushing’s, ing more and more to depend upon for and any chance we have to mention the Addison’s—diseases we see both in hu- this important role. Whether in the crucial work of our veterinarians and mans and in animals—and advances in movement with antibiotics or farm highlight the need to train and employ nutrition that our human colleagues animal safety, who better to provide more of them is a chance we must take could take advantage of. the leadership on these critical issues to do just that. I encourage my colleagues to join me than the veterinarians, the physicians Once again, Madam Speaker, I offer in commemorating this important for the animals. my wholehearted approval for this res- milestone by supporting H. Res. 1531 Veterinarians have an important re- olution for the veterinarians it seeks and proclaiming 2011 as World Veteri- sponsibility to prevent contamination to honor. nary Year in honor of the 250th anni- from bacteria and diseases. In a world Mrs. BIGGERT. Madam Speaker, I versary of the veterinary profession. of rapid trade, food animal veterinar- yield back the balance of my time.

VerDate Mar 15 2010 02:39 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.027 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8046 CONGRESSIONAL RECORD — HOUSE December 7, 2010 Mr. CLAY. Madam Speaker, again let Marathon, Greece, and was presented to the Marathon in Washington, D.C., cele- me thank the gentleman from Oregon Town of Hopkinton in 2008; brated the military roots of long dis- (Dr. SCHRADER) for introducing this im- Whereas the Flame of Marathon has tance running by receiving the flame in portant piece of legislation. And in burned continuously in Hopkinton, Massa- October. chusetts, since its arrival in the United closing, I ask my colleagues to join me States; We commend the hundreds of thou- in supporting House Resolution 1531 Whereas the Flame of Marathon reminds sands of marathon runners throughout supporting the goals and ideals of us of the sacrifice of the United States the world who exemplify the words of World Veterinary Year. Armed Forces and their families, the defend- the philosopher Confucius, a contem- I yield back the balance of my time. ers of democracy; porary of the battle who said: ‘‘I hear The SPEAKER pro tempore. The Whereas the 35th Marine Corps Marathon and I forget. I see and I remember. I do question is on the motion offered by received the Flame of Marathon as part of and I understand.’’ the gentleman from Missouri (Mr. its celebration of the 2500th anniversary of We join together with marathoners the Battle of Marathon; and CLAY) that the House suspend the rules Whereas the Flame of Marathon was dis- around the world in celebrating the and agree to the resolution, H. Res. played at events leading to and including the 2500th anniversary of the Battle of 1531. Marine Corps Marathon in view of 30,000 run- Marathon. The question was taken. ners who embodied the marathon spirit as Madam Speaker, I want to thank the The SPEAKER pro tempore. In the they ran through Washington, DC: Now, gentleman from Massachusetts (Mr. opinion of the Chair, two-thirds being therefore, be it MCGOVERN) for introducing this resolu- in the affirmative, the ayes have it. Resolved, That the House of Representa- tion. tives joins with the Greek Embassy in Wash- I reserve the balance of my time. Mr. CLAY. Madam Speaker, I object ington, DC, the people of Hopkinton, Massa- to the vote on the ground that a chusetts, the people of Marathon, Greece, Mr. SMITH of New Jersey. Madam quorum is not present and make the and the hundreds of thousands of runners Speaker, I yield myself such time as I point of order that a quorum is not participating in marathons throughout the may consume. present. United States, in celebrating the 2500th anni- Madam Speaker, today I rise in sup- The SPEAKER pro tempore. Pursu- versary of the Battle of Marathon, Greece, port of the resolution honoring the ant to clause 8 of rule XX and the one of the most significant battles in human 2500th anniversary of the Battle of Chair’s prior announcement, further history. Marathon in ancient Greece. This reso- proceedings on this motion will be The SPEAKER pro tempore. Pursu- lution celebrates the victory in the postponed. ant to the rule, the gentleman from battle—against all odds—by Greek citi- The point of no quorum is considered Florida (Mr. KLEIN) and the gentleman zens opposing the overwhelming Per- withdrawn. from New Jersey (Mr. SMITH) each will sian force in the year 450 B.C. control 20 minutes. The Battle of Marathon has been f The Chair recognizes the gentleman cited by historians as one of the piv- HONORING 2500TH ANNIVERSARY from Florida. otal events in ancient European his- OF BATTLE OF MARATHON GENERAL LEAVE tory. The victory at Marathon marked Mr. KLEIN of Florida. Madam Speak- Mr. KLEIN of Florida. Madam Speak- the end of the Persian invasion of er, I move to suspend the rules and er, I ask unanimous consent that all Greece. The following years of peace agree to the resolution (H. Res. 1704) Members may have 5 legislative days allowed the Greek city-states and the honoring the 2500th anniversary of the in which to revise and extend their re- Greek nation to create the philosophy Battle of Marathon, as amended. marks and include extraneous material of democratic rule and establish the The Clerk read the title of the resolu- on the resolution under consideration. arts and sciences for which classical tion. The SPEAKER pro tempore. Is there Greece is renowned to this day. The text of the resolution is as fol- objection to the request of the gen- The commitment of the Greek war- lows: tleman from Florida? riors to protect their homeland from There was no objection. Persian invasion summoned within H. RES. 1704 Mr. KLEIN of Florida. Madam Speak- them the strength to withstand the at- Whereas in 490 BC, Athenian warriors de- er, I rise in strong support of this reso- tack through 5 long days of battle, and feated foreign invaders and won against lution, and I yield myself such time as overwhelming odds in one of the most sig- to finally overcome the invading force. nificant battles in human history; I may consume. It was that same commitment to vic- Whereas the Athenian victory helped con- Madam Speaker, H. Res. 1704 honors tory, Madam Speaker, that propelled a tinue the development of a new form of gov- the anniversary of the Battle of Mara- Greek messenger to run over 26 miles ernment called ‘‘democracy’’; thon, a watershed event in the protec- without a break in order to deliver the Whereas according to legend, a messenger tion of the then-fledgling form of gov- good news of the victory to the people named Phidippides ran from the battlefield ernment we continue to practice to of Athens. That incredible feat has in- of Marathon, Greece, to Athens 26 miles this day and we know as democracy. spired many in the modern age to emu- away to carry news of the victory and it is As the story goes, a messenger ran 26 late that runner’s achievement—and I said, that upon delivering the news to the miles from Marathon to Athens to de- citizens of Athens, Phidippides died from ex- have run one marathon, Madam Speak- haustion; liver news of the Greek victory over er—with the first marathon races Whereas Phidippides’ run inspired the spir- the Persians, a feat commemorated begun in 1896 and following that run- itual origin of what has become the sport of today by millions of athletes around ner’s course from Marathon to Athens. marathoning; the world through the running of mara- I want to thank Mr. MCGOVERN for Whereas the first official marathon race thons. sponsoring this very timely resolution. was introduced in the first modern Olympics In this anniversary year, the town of I reserve the balance of my time. in 1896 held in Athens, Greece; Hopkinton, Massachusetts, the sister Whereas officials from the Boston Athletic city to Marathon, Greece, created b 1510 Association brought the long distance Olym- Mr. KLEIN of Florida. Madam Speak- pic running event to Boston, Massachusetts, ‘‘Marathon 2010’’ to encourage a global where it has been run annually since 1897; celebration of the victory at Marathon er, I yield 5 minutes to the author of Whereas a ceremony took place in Mara- and to connect marathoners through- the bill, the gentleman from Massachu- thon, Greece, in 2007 at the Tomb of the out the world in the shared experience setts (Mr. MCGOVERN). Athenians, the burial cite of the Greek war- of running. Mr. MCGOVERN. I want to begin by riors who gave their lives defending their The commemorative Flame of Mara- thanking the gentleman from Florida country; thon was brought from Marathon to for not only yielding me the time but Whereas this ceremony created the sym- Hopkinton nearly 2 years ago as a sym- for his service here in Congress. He has bolic Flame of Marathon that embodies the bol of the twin cities common heritage been an incredible Member, and I look strength of the human spirit, fair competi- tion, and peace; as caretakers of the sport of the mara- forward to his return. Whereas Hopkinton, Massachusetts, and thon. As well, I thank my friend, my col- Marathon, Greece, have a twin-city relation- As part of the celebration of the league from New Jersey, for his com- ship, the Flame of Marathon traveled from 2500th anniversary, the Marine Corps ments.

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.031 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8047 I would also like to thank Chairman each year, and for their support of this Phidippides, the first so-called Marathon BERMAN and Ranking Member ROS- bill. runner, the man who ran to tell his fellow LEHTINEN for their leadership and sup- I also want to express a special citizens of their glorious victory in the city port of this bill. ‘‘thank you’’ to the Embassy of Greece, of Marathon, is the stuff of legends around the world. His story, as the story of many I also appreciate the support of most notably to Ambassador Vassilis current Marathon runners, who dedicate Speaker PELOSI, Majority Leader Kaskarelis, Minister Counselor for Cul- themselves to the pursuit of athletic excel- HOYER and the bipartisan cochairs of tural Affairs Zoe Kosmidou, and lence, continue to inspire us. And as the the Congressional Caucus on Hellenic Constantinos Orphanides, the Consul Olympic Games, so do marathon runs offer a Issues, Representatives MALONEY and General for Greece at the consulate in moment in time when differences are forgot- BILIRAKIS. Boston. ten and participants are unified in the pur- Madam Speaker, I was very proud to I have been a longtime spectator but suit of an ideal. introduce H. Res. 1704, along with my never a participant of the Boston Mar- Greece is grateful to Marathon Commit- tees around the United States for organizing good friend and colleague, JOHN SAR- athon or of the Marine Corps Mara- the 2500th anniversary celebrations in con- BANES of Maryland, to honor the 2,500th thon, and I am honored to support this junction with Marathon runs throughout the anniversary of the Greek Battle of resolution that honors these two country. We thank all of them for their par- Marathon. events that are such a source of pride ticipation in these commemorative events. Every time someone runs a marathon to the people who live and work in We are also grateful to the Boston Mara- race, he is commemorating one of the Massachusetts and the Nation’s Cap- thon and the city of Hopkinton, the guardian most momentous events in Western ital. I honor the people of Greece, the of the Marathon Flame, which carries the history, the Battle of Marathon, fought city of Marathon, and the memory of spirit of Marathon all over the U.S. The cit- in 490 B.C. A few thousand Athenian ies of Hopkinton and Marathon are sister- the Battle of Marathon. cities and share similar cultural and athletic and other Greek soldiers destroyed a I ask all of my colleagues to support values. huge force of invading Persians on the this resolution, and I can’t wait until Most of all, we thank the United States plain of Marathon, a victory widely be- we honor the 5,000th anniversary of the Marines for bringing the Marathon flame lieved to have ensured the democratic Battle of Marathon and the establish- from Hopkinton to Washington, under the legacy of Western culture. A soldier ment of Western democracy. auspices of the 35th Marine Corps Marathon and Race Director, Mr. Rick Nealis. charged with carrying the important REMARKS BY H.E. AMBASSADOR OF GREECE We are privileged to continue this tradi- news of victory back to Athens lit- MR. VASSILIS KASKARELIS AT THE MARINE tion and honored to be celebrating it with erally ran his heart out to deliver that CORPS MARATHON PRESS CONFERENCE, the Marine Corps Marathon, also known as WASHINGTON, DC, FRIDAY, OCT. 29, 2010 message—and so the spirit of the mara- ‘‘The People’s Marathon’’. It is on occasions thon was born. Honored Guests,Ladies and Gentlemen, It such as this that we realize our common past There is a deep connection between is a great honor for Greece and even more so and hopefully realize that we ought to work the nation of Greece, the city of Mara- for myself to be participating in these inspir- for a common future. thon, Greece, the Massachusetts town ing events that mark, on the one hand, 2,500 Thank you. years from the Battle of Marathon and on of Hopkinton, and the city of Boston. the other, the 35th anniversary of the annual Mr. SMITH of New Jersey. I yield Hopkinton, Massachusetts, which I am Marine Corps Marathon. back the balance of my time. proud to represent, is where each year We read and hear of Greece’s contributions Mr. KLEIN of Florida. Madam Speak- the Boston Marathon begins. In 2008, in to Western civilization, of having invented er, I certainly would like to acknowl- preparation for the 2,500th anniversary, democracy, having given us great works of edge the gentleman from New Jersey the city of Marathon asked Hopkinton philosophy and literature, but we often for- (Mr. SMITH) for his cosponsorship of the to be the guardian of the Marathon get Greece’s holistic approach to life and liv- νους υγιης εν δωματι υγιει bill as well. I am looking forward to Flame, and brought it to Hopkinton, ing, that is ‘‘ ’’, that is ‘‘healthy body mind in a healthy body’’. Mr. SMITH, Mr. MCGOVERN, and me all its sister city, in order to embody the Today at the Walter Washington Conven- planning for next year’s marathon and spirit of Marathon all over the United tion Center, as we are surrounded by the getting ready for the big race. States. spirit of a healthier approach to our daily I have no further requests for time, This year, as part of the 2010 Marine living, we ought to consider whether we and I yield back the balance of my Corps Marathon, the Flame of Mara- would be living in a different world, had it time. thon was brought by Hopkinton to not been for the victory at Marathon 2,500 The SPEAKER pro tempore. The Washington, D.C., to honor the 35th an- years ago. question is on the motion offered by niversary of the Marine Corps Mara- One might wonder, and rightly so, as to why a Battle that was fought thousands of the gentleman from Florida (Mr. thon and its race director, Mr. Rick years ago, might still be important today, KLEIN) that the House suspend the Nealis. I recently had the privilege of and why commemorate it 2,500 years later. rules and agree to the resolution, H. honoring Mr. Nealis at a dinner in The answer is simple. The Battle of Mara- Res. 1704, as amended. Hopkinton, Massachusetts, celebrating thon, won by a handful of Athenians, was de- The question was taken. the partnership between the town of cisive not only for the future of Greece, but The SPEAKER pro tempore. In the Hopkinton, the Boston Marathon, and also the future of Western civilization.The opinion of the Chair, two-thirds being the Marine Corps Marathon. Athenian victory at the Battle of Marathon in the affirmative, the ayes have it. The Boston Marathon, the Marine allowed for the establishment of democracy. It allowed for the flourishing of the classical Mr. KLEIN of Florida. Madam Speak- Corps Marathon, and the New York period of Greek culture, establishing the er, I object to the vote on the ground City Marathon are among the three foundation of the Western civilization. that a quorum is not present and make stellar marathon races organized each One wonders whether Aeschylus, Sopho- the point of order that a quorum is not year in the United States, but over 500 cles, Euripides and Aristophanes might have present. marathon races take place every year written their definitive works had the Battle The SPEAKER pro tempore. Pursu- around the world, including scores of of Marathon had a different result. Would ant to clause 8 of rule XX and the races in the United States involving Socrates, perhaps even Plato and Aristotle Chair’s prior announcement, further hundreds of thousands of American and have laid the foundation of western philos- ophy? Would the democratic principles, proceedings on this motion will be foreign athletes, all seeking to emulate which, unfortunately, we take for granted postponed. the spirit of that first marathon run today, have developed as they have? The point of no quorum is considered 2,500 years ago this year. Most of you know that the Marathon run, withdrawn. Madam Speaker, I want to thank as we know it today, was instituted in the f Timothy Kilduff and Michael Neece 1896 Olympics, and was won, if I may say so, with the Hopkinton Athletic Associa- by a Greek peasant, Spyros Louis. RECOGNIZING 50TH ANNIVERSARY tion for all the support they have given Today, there are more than 500 marathons OF NATIONAL COUNCIL FOR to this resolution. I also want to thank throughout the world each year. They are in- INTERNATIONAL VISITORS spirational gatherings, which bring together the Board of Selectmen of the town of thousands of athletes of different cultures, Mr. KLEIN of Florida. Madam Speak- Hopkinton for their steadfast support ethnicities and races, an accomplishment in er, I move to suspend the rules and of Hopkinton’s proud tradition as the and of itself. Many are also run to raise agree to the resolution (H. Res. 1402) starting place for the Boston Marathon awareness for good causes. recognizing the 50th anniversary of the

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.034 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8048 CONGRESSIONAL RECORD — HOUSE December 7, 2010 National Council for International ter organizations for two national Summits they have built in the United States Visitors, and expressing support for on Citizen Diplomacy and providing funding have left a lasting impression of the designation of February 16, 2011, as to its member organizations for Summits on values and strength of the American ‘‘Citizen Diplomacy Day,’’ as amended. Citizen Diplomacy in communities through- people. The Clerk read the title of the resolu- out the United States, giving those organiza- tions the opportunity to foster internation- In an increasingly interconnected tion. ally focused dialogue and to cultivate lasting world, technology can unite us, but The text of the resolution is as fol- partnerships with like-minded organizations face-to-face interaction can bond us. lows: in their own communities; Our citizen diplomats help to dispel H. RES. 1402 Whereas NCIV member organizations serve myths about the United States and can Whereas 2011 marks the 50th anniversary of as international gateways, sharing their convey potent messages of American the National Council for International Visi- communities with the world and the world goodwill. They also help to increase tors (NCIV), originally founded as the Na- with their communities, welcoming strang- understanding within the United tional Council for Community Services to ers and sending home friends; and International Visitors (COSERV) in 1961; Whereas, February 16, 2011, would be an ap- States about the world. Whereas the mission of NCIV is to promote propriate date to designate as ‘‘Citizen Di- The service that our citizen dip- excellence in citizen diplomacy, the concept plomacy Day’’: Now, therefore, be it lomats have provided for over half a that the individual citizen has the right and Resolved, That the House of Representa- century has been invaluable to our responsibility to help develop constructive tives— country, and I urge my colleagues to United States foreign relations ‘‘one hand- (1) recognizes the 50th anniversary of the support this resolution, which des- shake at a time’’; National Council for International Visitors ignates February 16, 2011, as ‘‘Citizen Whereas citizen diplomacy has the power and its extraordinary efforts to promote ex- Diplomacy Day.’’ to shape perceptions in the United States of cellence in citizen diplomacy; Of course, I would like to thank the foreign cultures and international percep- (2) commends the achievements of the tions of the United States, effectively shat- thousands of citizen diplomats who have author of the resolution, Congressman tering stereotypes, illuminating differences, worked for generations to share the best of MORAN. underscoring common human aspirations, the United States with foreign leaders, spe- Madam Speaker, I reserve the bal- and developing the web of human connec- cialists, and scholars; ance of my time. tions needed to achieve more peaceful rela- (3) thanks the National Council for Inter- Mr. SMITH of New Jersey. I yield tions between countries; national Visitors citizen diplomats for their myself such time as I may consume. Whereas NCIV is the private sector partner service to their communities, the United First, I want to thank the gentleman of the United States Department of State States, and the world; and from Virginia (Mr. MORAN) and the International Visitor Leadership Program (4) supports the designation of ‘‘Citizen Di- gentleman from Illinois (Mr. MAN- (IVLP), a public diplomacy initiative that plomacy Day’’. brings distinguished foreign leaders to the ZULLO) for providing us with this op- United States for short-term professional The SPEAKER pro tempore. Pursu- portunity to recognize the contribu- programs under the authority of the Mutual ant to the rule, the gentleman from tions of the National Council for Inter- Educational and Cultural Exchange Act of Florida (Mr. KLEIN) and the gentleman national Visitors, particularly on its 1961 (22 U.S.C. 2451 et seq.; also referred to as from New Jersey (Mr. SMITH) each will 50th anniversary, and the importance the ‘‘Fulbright-Hays Act’’); control 20 minutes. of the citizen diplomacy of the United Whereas the NCIV network comprises indi- The Chair recognizes the gentleman States. viduals, program agencies, and 92 commu- from Florida. nity organizations throughout the United Madam Speaker, the person-to-per- States, including approximately 80,000 volun- GENERAL LEAVE son contacts that occur when inter- teers who are involved in NCIV member ac- Mr. KLEIN of Florida. Madam Speak- national visitors have the opportunity tivities each year as host families, profes- er, I ask unanimous consent that all to live and work alongside ordinary sional resources, volunteer programmers, Members may have 5 legislative days Americans are often more than opin- board members, and other supporters; to revise and extend their remarks and ion-changing; they can be life-chang- Whereas the network of citizen diplomats to include extraneous material on the ing. To experience up-close the diver- in NCIV has organized professional pro- grams, cultural activities, and home visits resolution under consideration. sity, generosity, and industry of our for more than 190,000 foreign leaders partici- The SPEAKER pro tempore. Is there people can shatter stereotypes and pating in the IVLP, 285 of whom went on to objection to the request of the gen- prejudices far more effectively than become chiefs of state or heads of govern- tleman from Florida? press statements and media campaigns. ment in their countries; There was no objection. For these reasons, citizen diplomacy is Whereas the NCIV network has hosted and Mr. KLEIN of Florida. Madam Speak- an important tool for increasing the strengthened the relationships of the United er, I rise in strong support of this legis- global understanding of American val- States with notable foreign leaders who are alumni of the IVLP; lation, and I yield myself such time as ues. Whereas United States ambassadors have I may consume. One significant component of our in repeated surveys ranked the NCIV net- For 50 years, the National Council for public diplomacy activities has been work-facilitated IVLP first among 63 United International Visitors has operated on the International Visitor Leadership States public diplomacy programs; the conviction that every day Amer- Program, a State Department program Whereas in 2001, the NCIV network of cit- ican citizens can be some of our coun- that brings thousands of current and izen diplomats was nominated to receive the try’s greatest diplomats. Through its emerging professional leaders to the Nobel Peace Prize for its work to promote facilitation of the State Department’s fraternity between nations; U.S. every year for carefully designed Whereas all Federal funding for the citizen International Visitor Leadership Pro- short-term visits. Having met with diplomacy of the NCIV network is spent in gram and other exchange programs, many of those who have come in from the United States, where it has leveraged $6 the NCIV has been an essential part of abroad, they are very, very useful vis- in local economic impact for every Federal American diplomacy. its, and they get to see a broad array of dollar expended; In order to welcome international America and Americans when they do Whereas NCIV member organizations pro- visitors across the country, the NCIV visit. Numerous International Visitor vide invaluable opportunities for United requires the energy and commitment of alumni have gone on to become heads States students to develop global perspec- tives and vividly experience the diversity of more than 80,000 volunteers every year. of state, key officials, and industry the world by bringing foreign leaders into These volunteers create and implement leaders in their home countries. local schools, loaning teachers cultural arti- professional and cultural programs for For the past 50 years, the National facts, and developing internationally focused the visitors, and they also open their Council for International Visitors has curricula; homes. been a critical partner in the success of Whereas participation of United States Over 190,000 foreign leaders, including that program. As a nonprofit profes- communities, businesses, and universities in 286 current and former heads of state, sional association, the NCIV helps to the international exchange programs imple- have come to the United States coordinate the exchange-related activi- mented by the NCIV network strengthens the ability of the United States to produce a through the International Visitor ties of community-based groups globally literate and competitive workforce; Leadership Program and have bene- throughout the country, drawing on Whereas NCIV provides leadership at the fited from this hospitality. The experi- the energy of nearly 80,000 American national level having convened leaders of sis- ences they have had and relationships volunteers every year.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.035 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8049 b 1520 will continue to be an asset for Amer- Mr. KLEIN of Florida. Madam Speak- During its first 50 years, NCIV has or- ican public diplomacy and indeed for er, again I thank the gentleman who ganized professional programs, cultural national security efforts as it moves brought this forward to us, Mr. MAN- activities and home visits for more into its second half century. ZULLO as well, and Mr. SMITH. than 190,000 foreign visitors. To that we Some examples that I think bear cit- Madam Speaker, I yield back the bal- say thank you. ing: Tony Blair, former Prime Minister ance of my time. Madam Speaker, I reserve the bal- of the United Kingdom, participated in The SPEAKER pro tempore. The ance of my time. this program. Anwar Sadat, who was so question is on the motion offered by Mr. KLEIN of Florida. Madam Speak- instrumental in bringing peace be- the gentleman from Florida (Mr. er, I yield such time as he may con- tween Israel and Egypt, participated in KLEIN) that the House suspend the sume to the gentleman from Virginia, this program; Felipe Calderon, Presi- rules and agree to the resolution, H. the author of the resolution, Mr. dent of Mexico; Nicolas Sarkozy, Presi- Res. 1402, as amended. MORAN. dent of France; Kim Dae-Jung, who The question was taken. Mr. MORAN of Virginia. I want to was the former President of South The SPEAKER pro tempore. In the thank my friends and colleagues, Mr. Korea; Manmohan Singh, Prime Min- opinion of the Chair, two-thirds being KLEIN from Florida and Mr. SMITH from ister of India; Abdullah Gul, President in the affirmative, the ayes have it. New Jersey. I appreciate their support of Turkey; Morgan Tsvangirai, Prime Mr. KLEIN of Florida. Madam Speak- of this. Minister of Zimbabwe. er, I object to the vote on the ground This is an important resolution. It is also worth noting that nearly that a quorum is not present and make What the National Council of Inter- the entire international visitor leader- the point of order that a quorum is not national Visitors sponsors day in and ship program in the State Department present. day out has a long-term impact that spends its budget here in communities The SPEAKER pro tempore. Pursu- cannot be overstated within our coun- throughout the United States, and that ant to clause 8 of rule XX and the try or around the globe. by implanting its programs in those Chair’s prior announcement, further The National Council of Inter- communities, the IVLP is also impor- proceedings on this motion will be national Visitors, Madam Speaker, is a tant for generating economic develop- postponed. nonprofit membership association cur- ment and cultivating a globally lit- The point of no quorum is considered rently marking 50 years of leadership erate workforce in our U.S. commu- withdrawn. nities. Nothing is more instructive in citizen diplomacy. It embodies the f concept that individual citizens have than having a foreign visitor actually the right and the responsibility to help live in an American home to under- CONGRATULATING LIU XIAOBO ON shape U.S. foreign relations, in their stand our culture, our values, and our NOBEL PEACE PRIZE words, ‘‘one handshake at a time.’’ beliefs. Mr. KLEIN of Florida. Madam Speak- NCIV’s nationwide network consists Lastly, Madam Speaker, it is clear er, I move to suspend the rules and of 92 community organizations as well that in contributing to the quality of agree to the resolution (H. Res. 1717) as program agencies, associate mem- our international engagement, the congratulating imprisoned Chinese de- bers and individuals. Each year, the ag- International Visitor Leadership Pro- mocracy advocate Liu Xiaobo on the gregate efforts of NCIV members in- gram is an investment in our national award of the 2010 Nobel Peace Prize, as volve more than 80,000 volunteers security. It is imperative to continue amended. across the country. rebuilding the image of the United The Clerk read the title of the resolu- With leadership and training pro- States abroad and to build stronger tion. vided by NCIV, its member organiza- long-term personal relationships be- The text of the resolution is as fol- tions design and implement profes- tween foreign leaders and U.S. decision lows: sional programs, provide cultural ac- makers, by connecting them with peo- H. RES. 1717 tivities, and offer the actual experience ple who simply represent what America Whereas Liu Xiaobo played a leading role of living within an American family is all about day in and day out. In fact, in the 1989 Tiananmen Square demonstration and an American community for for- the Organization of American Ambas- for democratic reform, insisting on peaceful eign leaders and specialists partici- sadors ranks the International Visitor means and democratic process; pating in the U.S. Department of Leadership Program as the most im- Whereas since 1989, Liu Xiaobo has been a State’s International Visitor Leader- portant among all 63 U.S. diplomacy leading figure promoting democratic reform ship Program and other exchange pro- programs. and respect for human rights, including by grams. In closing, as well as Mr. SMITH and writing hundreds of notable essays on these For the last 50 years, NCIV has built his staff, I want to thank Chairman subjects; a network of citizen diplomats com- HOWARD BERMAN and his staff, Kath- Whereas between June 6, 1989, and October mitted to bridging international cul- erine Brown for their efforts in high- 1999, Chinese officials detained Liu Xiaobo 3 times, totaling over 4 years confinement for ture gaps and building mutually bene- lighting the important work of citizen his role in Tiananmen Square and continued ficial relationships through inter- diplomats, and the NCIV, and obvi- promotion of political reform; national exchanges. More than 285—al- ously Mr. KLEIN and his staff. I also Whereas in 2008, Liu Xiaobo was one of the though Mr. KLEIN said 286, so appar- want to give a shout out to the Na- principal drafters and organizers as well as ently in the last few days another per- tional Council of International Visi- one of the first signers of Charter 08, a mani- son who was involved with this pro- tors, especially Sherry Mueller and her festo that proposed democratic reform in gram has been elected around the staff, Chris Bassett and Ed Thompson, China; world as a world leader, but regardless who worked so hard with my staff on Whereas, on December 8, 2008, Chinese offi- of the number, we know it is very sub- this resolution; Tom Gittens, the cials detained Liu Xiaobo for his role in Charter 08, and found him guilty of ‘‘inciting stantial, the number of people who lead former head of Sister Cities Inter- subversion of state power’’ in 2009 and sen- other countries but have an under- national, for his leadership in pro- tenced him to 11 years imprisonment; standing of who we are as a Nation, our moting the National Council of Inter- Whereas since December 2008, thousands of values and beliefs as a result of NCIV’s national Visitors. Shai Tamara and Chinese citizens from all walks of life have efforts. Tom Garofalo of my staff, who is here signed Charter 08, and Chinese officials have More than 1,700 cabinet-level min- as well and has steered this through detained, placed under house arrest, or har- isters—and so many other distin- the Congress. assed many of them; guished world leaders that you can’t I hope and trust we will get unani- Whereas in 2010, many persons from around even count them—have benefited from mous support for this and let the Inter- the world nominated Liu Xiaobo for the firsthand exposure to the United States national Council of International Visi- Nobel Peace Prize, including the 14th Dalai Lama, Bishop Desmond Tutu, Vaclav Havel, through the International Visitor tors know that we do appreciate all and 7 members of the United States House of Leadership Program and the NCIV net- their efforts on behalf of our country. Representatives; work. Mr. SMITH of New Jersey. Madam Whereas, on October 8, 2010, the Norwegian With its commitment to building Speaker, I yield back the balance of Nobel Committee announced its award of the long-term personal relationships, NCIV my time. 2010 Nobel Peace Prize to Liu Xiaobo for his

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.056 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8050 CONGRESSIONAL RECORD — HOUSE December 7, 2010 ‘‘long and non-violent struggle for funda- to revise and extend their remarks and the very principles to which Mr. Liu mental human rights in China’’; include extraneous material on the res- has dedicated his life and work and for Whereas the Norwegian Nobel Committee olution under consideration. which he is being recognized by the noted that, ‘‘the campaign to establish uni- The SPEAKER pro tempore. Is there Nobel committee. versal human rights also in China is being Today, the United States House of waged by many Chinese . . . through the se- objection to the request of the gen- vere punishment meted out to him, Liu has tleman from Florida? Representatives stands in solidarity become the foremost symbol of this wide- There was no objection. with Mr. Liu and all those who have ranging struggle for human rights in China’’; Mr. KLEIN of Florida. Madam Speak- risked their lives to promote demo- Whereas when on October 9, 2010, Liu Xia, er, I rise in strong support of this reso- cratic reform in China. We call on Liu Xiaobo’s wife, notified her husband that lution, and I yield myself such time as China to immediately release Mr. Liu he had been awarded the Nobel Peace Prize, I may consume. from prison and to cease its harass- he responded by dedicating the prize to ‘‘the Madam Speaker, this resolution con- ment and detention of Mr. Liu’s wife Tiananmen martyrs’’; gratulates Chinese democracy activist and supporters. Whereas Chinese officials responded to the Liu Xiaobo on being awarded this Madam Speaker, I urge all my col- award by placing Liu Xia under house arrest, leagues to support this resolution. harassing and detaining Liu Xiaobo’s friends year’s Nobel Peace Prize and calls for and supporters, censoring Internet Web sites his immediate release from imprison- I reserve the balance of my time. and blacking out television broadcasts that ment by the Chinese Government. Mr. SMITH of New Jersey. Madam reported the award, and defaming Liu Xiaobo I would like to thank the gentleman Speaker, I yield myself such time as I may consume. by describing him as a ‘‘criminal’’, a ‘‘polit- from New Jersey (Mr. SMITH) for spon- I thank my good friend and colleague ical tool of the West’’, and a ‘‘traitorous op- soring this resolution and bringing it from Florida for his eloquent state- erative’’; forward to discuss with many of us, as Whereas Chinese officials have claimed ment. I thank the Speaker and the ma- well as the other six Members of Con- that the imprisonment of Liu Xiaobo is an jority leader for bringing this resolu- gress who originally nominated Mr. internal matter and that the award con- tion to the floor, and of course to HOW- Liu for the Nobel Peace Prize. stitutes meddling in China’s internal affairs; ARD BERMAN the chairman and IIEANA and Mr. Liu was a leader during the 1989 ROS-LEHTINEN for their strong support Whereas President Barack Obama, the re- pro-democracy Tiananmen Square pro- for it as well. cipient of the 2009 Nobel Peace Prize, has tests and one of the drafters last year congratulated Liu Xiaobo on the award and Madam Speaker, for far too long the of Charter 08, a document signed by Chinese Government has evaded vir- called on Chinese officials to release him more than 300 Chinese intellectuals and from prison: Now, therefore, be it tually all serious scrutiny of its hor- Resolved, That the House of Representa- rights advocates that called for polit- rific human rights record—usually by tives— ical reform and improvement in Chi- employing bullying tactics, including (1) congratulates Liu Xiaobo on the award na’s human rights policies. As a result threats to nations, multilateral organi- of the 2010 Nobel Peace Prize; of his activism, the Chinese Govern- zations like the U.N., and to individ- (2) honors Liu Xiaobo’s promotion of demo- ment charged Mr. Liu with the phony cratic reform in China, and the courage with uals. Today the Chinese Government offense of ‘‘inciting subversion of state brutalizes women and children through which he has bore repeated imprisonment by power.’’ He was convicted on Christmas Chinese officials; forced abortion and coerced steriliza- (3) states that in honoring Liu Xiaobo, it day of last year and subsequently sen- tion as part of its barbaric one-child- also honors all those who have promoted tenced to 11 years in prison, a sentence per-couple policy, which makes broth- democratic reform in China, including all that has been widely regarded as un- ers and sisters illegal. Today China those who participated in the 1989 usually harsh. crushes all political opposition. It tor- Tiananmen Square demonstration for demo- This past October, Mr. Liu became tures and incarcerates Falun Gong cratic reform; the first Chinese citizen residing in practitioners, Uyghurs, Tibetan Bud- (4) asserts that Liu Xiaobo is a political China to win the Nobel Peace Prize and dhists and Christians. Today China vio- prisoner, and that Liu Xia, Liu Xiaobo’s sup- one of three laureates to have received porters, and all signers of Charter 08 who lently crushes independent labor have been detained, placed under house ar- it while in prison. The Nobel Com- unions and has transformed the Inter- rest, or harassed, are the victims of political mittee awarded the prize to Mr. Liu net into a tool for surveillance and cen- persecution; ‘‘for his long and non-violent struggle sorship. (5) calls on Chinese officials to release Liu for fundamental human rights in I note parenthetically, Madam Xiaobo from prison, and to release Liu Xia, China.’’ Speaker, that immediately prior to the Liu Xiaobo’s supporters, and all signers of b 1530 Olympics, the gentleman from Virginia Charter 08 from detention, house arrest, and (Mr. WOLF) and I visited Beijing, one of harassment; Mr. Liu’s wife visited him in prison many human rights trips to China. (6) calls on Chinese officials to cease cen- shortly after he learned of winning the soring media and Internet reporting of the While we were there, we sought to prize, and during their visit Mr. Liu re- meet with some of the house church award of the Nobel Peace Prize to Liu portedly was moved to tears and said Xiaobo and to cease their campaign of defa- leaders who wanted to meet with us mation against Liu Xiaobo; that the prize was ‘‘for the lost souls of and pray with us. All but one were ar- (7) urges President Barack Obama to con- June 4.’’ rested and detained, and after we left tinue to work for the release of Liu Xiaobo Mr. Liu remains locked away in a that particular pastor was arrested and from prison, as well as the release of Liu Xia, Chinese cell and thus is not able to re- detained and interrogated as well. Liu Xiaobo’s supporters, and all signers of ceive the prize in person. The Chinese Madam Speaker, the naming of Liu Charter 08 from detention, house arrest, and Government has also placed his wife Xiaobo as the 2011 Nobel Peace Prize harassment; and under house arrest and is preventing laureate and the Chinese Government’s (8) emphasizes that violations of human her and Mr. Liu’s other family, friends rights in general, and the persecution of Liu outrageous response to that naming, Xiaobo, Liu Xia, Liu Xiaobo’s supporters, and supporters from leaving China to including the way they have mis- and all signers of Charter 08 specifically, are attend the awards ceremony in Nor- treated his wife but now it’s even matters of legitimate concern to other gov- way. worse, and friends can’t even travel to ernments. The Chinese Government has de- Oslo to be a part of the ceremony, that The SPEAKER pro tempore. Pursu- nounced the prize as a ‘‘political tool’’ reaction, of course is the underlying ant to the rule, the gentleman from of the West, blocking all media report- problem. The actual abuses that are Florida (Mr. KLEIN) and the gentleman ing of the news in China and trying to committed, oblige us to sustained scru- from New Jersey (Mr. SMITH) each will bully foreign governments from send- tiny and meaningful action. News re- control 20 minutes. ing representatives to the awards cere- ports suggest that over one-and-a-half The Chair recognizes the gentleman mony later this week. China’s boorish dozen countries have been so intimi- from Florida. and arrogant behavior over Mr. Liu’s dated by Beijing that they won’t even GENERAL LEAVE award won’t produce the global respect send a delegation to Oslo. I think Mr. KLEIN of Florida. Madam Speak- and clout that Chinese authorities so that’s outrageous. er, I ask unanimous consent that all desperately crave, and its tactics only So today I urge my colleagues to Members may have 5 legislative days underscore China’s failure to uphold adopt H. Res. 1717, expressing Congress’

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.025 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8051 profound respect for and solidarity rights in China.’’ The resolution explic- I HAVE NO ENEMIES: MY FINAL STATEMENT with Liu Xiaobo and all those who itly states that in honoring Liu (By Liu Xiaobo) peacefully advocate for human rights Xiaobo, it honors all those who have CLOSING STATEMENT IN COURT. TRANSLATION and democracy in the PRC. promoted democratic reform in China, BY HRIC, BASED ON A TRANSLATION BY J. Madam Speaker, the resolution hon- including all those who participated in LATOURELLE, DECEMBER 23, 2009 ors Liu Xiaobo, who in the 1980s had a the 1989 Tiananmen Square demonstra- In the course of my life, for more than half brilliant academic career in front of tion. After Liu’s wife told him of the a century, June 1989 was the major turning him in China. When the Tiananmen award, he wept and dedicated the prize point. Up to that point, I was a member of the first class to enter university when col- Square demonstrations began in 1989, to ‘‘the Tiananmen martyrs.’’ lege entrance examinations were reinstated he was actually a visiting professor in Madam Speaker, the resolution following the Cultural Revolution (Class of New York City. He effectively gave all makes it very clear that Mr. Liu ’77). From BA to MA and on to PhD, my aca- of that up when he flew back to China Xiaobo is a political prisoner, empha- demic career was all smooth sailing. Upon to join the students demonstrating for sizes that ‘‘violations of human receiving my degrees, I stayed on to teach at democracy on the square, and even rights,’’ including his persecution, ‘‘are Beijing Normal University. As a teacher, I there he insisted that the students matters of legitimate concern to other was well received by the students. At the themselves adhere to a democratic governments,’’ because we are hearing same time, I was a public intellectual, writ- ing articles and books that created quite a process. Liu has been working and sac- the tired old refrain from the govern- stir during the 1980s, frequently receiving in- rificing for democratic reform ever ment in Beijing that this is purely an vitations to give talks around the country, since—through hundreds of remarkable internal matter. and going abroad as a visiting scholar upon essays that he has written and the Similarly, the resolution calls on the invitation from Europe and America. What I courage with which he has borne im- Chinese Government to cease censoring demanded of myself was this: whether as a prisonment, no less than four times. media and Internet reporting of the person or as a writer, I would lead a life of My resolution highlights Charter 08, award and cease defaming Mr. Liu as a honesty, responsibility, and dignity. After the democracy proclamation that Liu ‘‘political tool of the West’’ and as a that, because I had returned from the U.S. to played a leading role in organizing, take part in the 1989 Movement, I was ‘‘traitorous operative.’’ These are ridic- thrown into prison for ‘‘the crime of counter- drafting, and of which he was one of ulous charges, but they go to the heart revolutionary propaganda and incitement.’’ I the first signers. It is an astonishing of the issue that Mr. Liu himself ana- also lost my beloved lectern and could no document, a worthy heir of the great lyzed in his 2005 essay called ‘‘The longer publish essays or give talks in China. models that it is based upon, the U.S. CPC’s Dictatorial Patriotism,’’ the dic- Merely for publishing different political Bill of Rights, the Universal Declara- tatorial government’s fallacious equa- views and taking part in a peaceful democ- tion of Human Rights, and Charter 77, tion of itself with the Chinese nation, racy movement, a teacher lost his lectern, a the Czech human rights declaration so that whoever opposes the dictator- writer lost his right to publish, and a public that in the late 1970s contributed so intellectual lost the opportunity to give ship is treated as an enemy of the talks publicly. This is a tragedy, both for me much to the rebirth of conscience and state. personally and for a China that has already respect for the rule of just law in east- Finally, I will conclude with Liu seen thirty years of Reform and Opening Up. ern European captive nations, and ulti- Xiaobo’s closing statement in his 2009 When I think about it, my most dramatic mately to their peaceful democratiza- trial, only a small part of it. It is very experiences after June Fourth have been, tion. rich and I hope all will read it. I will surprisingly, associated with courts: My two opportunities to address the public have both But the Chinese Government saw in put it in the RECORD. This shows his been provided by trial sessions at the Beijing this magnificent document only a gentleness of soul. He said: crime, as my friend and colleague Municipal Intermediate People’s Court, once ‘‘But I still want to say to this re- in January 1991, and again today. Although pointed out earlier, ‘‘inciting subver- gime, which is depriving me of my free- the crimes I have been charged with on the sion of state power’’—whatever that is. dom, that I stand by the convictions I two occasions are different in name, their The government arrested Mr. Liu in expressed in my June 2 Hunger Strike real substance is basically the same—both December of 2008 and in December 2009 Declaration 20 years ago—I have no en- are speech crimes. sentenced him to 11 years in prison. emies and no hatred. None of the police Twenty years have passed, but the ghosts Madam Speaker, in February of this of June Fourth have not yet been laid to who monitored, arrested and interro- rest. Upon release from Qincheng Prison in year, I led a group of some six Members gated me, none of the prosecutors who in petitioning the peace prize com- 1991, I, who had been led onto the path of po- indicted me, and none of the judges litical dissent by the psychological chains of mittee to name Mr. Liu and two other who judged me are my enemies. Hatred June Fourth, lost the right to speak publicly Chinese dissidents for the Nobel Peace can rot away at a person’s intelligence in my own country and could only speak Prize. Our nomination described him as and conscience. through the foreign media. Because of this, I ‘‘a visionary leader,’’ remarkable for Enemy mentality will poison the was subjected to year-round monitoring, his patriotism and civic courage and spirit of a nation, incite cruel mortal kept under residential surveillance (May 1995 to January 1996) and sent to Reeducation- the generous tone of his work. This struggles, destroy a society’s tolerance man is absolutely nonviolent. Through-Labor (October 1996 to October and humanity, and hinder a nation’s 1999). And now I have been once again shoved Though we didn’t know it at the progress toward freedom and democ- time, many other people had the exact into the dock by the enemy mentality of the racy. That is why I hope to be able to regime. But I still want to say to this re- same idea. Mr. Liu was nominated by transcend my personal experiences as I gime, which is depriving me of my freedom, two Nobel Peace Prize laureates—the look upon our nation’s development that I stand by the convictions I expressed in 14th Dalai Lama and Bishop Desmond and social change, to counter the re- my ‘‘June Second Hunger Strike Declara- Tutu—as well as by former Czech gime’s hostility with utmost goodwill, tion’’ twenty years ago—I have no enemies and no hatred. None of the police who mon- President Vaclav Havel and many and to dispel hatred with love.’’ members of the Czech and Slovak par- itored, arrested, and interrogated me, none To his wife, he said: of the prosecutors who indicted me, and none liaments, the Norwegian parliamen- ‘‘My dear, with your love I can calm- tarian, and a number of human rights of the judges who judged me are my enemies. ly face my impending trial, having no Although there is no way I can accept your defenders from around the world and regrets about the choices I’ve made and monitoring, arrests, indictments, and ver- leaders in the fields of philosophy, lit- am optimistically awaiting tomorrow. dicts, I respect your professions and your in- erature, philanthropy and finance. I look toward to the day when my tegrity, including those of the two prosecu- Madam Speaker, H. Res. 1717 under- country is a land with freedom of ex- tors, Zhang Rongge and Pan Xueqing, who scores and points up the words of the are now bringing charges against me on be- pression, where the speech of every cit- half of the prosecution. During interrogation Norwegian Nobel Committee that said, izen will be treated equally well.’’ and I quote: ‘‘The campaign to estab- on December 3, I could sense your respect lish human rights in China is being and your good faith. b 1540 Hatred can rot away at a person’s intel- waged by many Chinese. Through the ligence and conscience. Enemy mentality severe punishment meted out to him, This man is a moral giant, absolutely will poison the spirit of a nation, incite cruel Liu has become the foremost symbol of worthy of the Nobel Peace Prize, and mortal struggles, destroy a society’s toler- this wide-ranging struggle for human he is the future of China. ance and humanity, and hinder a nation’s

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.058 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8052 CONGRESSIONAL RECORD — HOUSE December 7, 2010 progress toward freedom and democracy. Beikan of more than a decade ago, the where all political views will spread out That is why I hope to be able to transcend present Beikan is a huge improvement, both under the sun for people to choose from, my personal experiences as I look upon our in terms of the ‘‘hardware’’—the facilities— where every citizen can state political views nation’s development and social change, to and the ‘‘software’’—the management. In without fear, and where no one can under counter the regime’s hostility with utmost particular, the humane management pio- any circumstances suffer political persecu- good will, and to dispel hatred with love. neered by the new Beikan, based on respect tion for voicing divergent political views. I Everyone knows that it was Reform and for the rights and integrity of detainees, has hope that I will be the last victim of China’s Opening Up that brought about our country’s brought flexible management to bear on endless literary inquisitions and that from development and social change. In my view, every aspect of the behavior of the correc- now on no one will be incriminated because Reform and Opening Up began with the aban- tional staff, and has found expression in the of speech. donment of the ‘‘using class struggle as guid- ‘‘comforting broadcasts,’’ Repentance maga- Freedom of expression is the foundation of ing principle’’ government policy of the Mao zine, and music before meals, on waking and human rights, the source of humanity, and era and, in its place, a commitment to eco- at bedtime. This style of management allows the mother of truth. To strangle freedom of nomic development and social harmony. The detainees to experience a sense of dignity speech is to trample on human rights, stifle process of abandoning the ‘‘philosophy of and warmth, and stirs their consciousness in humanity, and suppress truth. struggle’’ was also a process of gradual maintaining prison order and opposing the In order to exercise the right to freedom of weakening of the enemy mentality and bullies among inmates. Not only has it pro- speech conferred by the Constitution, one elimination of the psychology of hatred, and vided a humane living environment for de- should fulfill the social responsibility of a a process of squeezing out the ‘‘wolf’s milk’’ tainees, it has also greatly improved the en- Chinese citizen. There is nothing criminal in that had seeped into human nature.1 It was vironment for their litigation to take place anything I have done. [But] if charges are this process that provided a relaxed climate, and their state of mind. I’ve had close con- brought against me because of this, I have no at home and abroad, for Reform and Opening tact with correctional officer Liu Zheng, who Up, gentle and humane grounds for restoring complaints. has been in charge of me in my cell, and his Thank you, everyone. mutual affection among people and peaceful respect and care for detainees could be seen TRANSLATOR’S NOTES coexistence among those with different in- in every detail of his work, permeating his terests and values, thereby providing encour- every word and deed, and giving one a warm 1. Writers in China today often refer to in- agement in keeping with humanity for the feeling. It was perhaps my good fortune to doctrination with the ideology of class strug- bursting forth of creativity and the restora- have gotten to know this sincere, honest, gle as ‘‘drinking wolf’s milk,’’ and the ide- tion of compassion among our countrymen. conscientious, and kind correctional officer ology of the Cultural Revolution era as the One could say that relinquishing the ‘‘anti- during my time at Beikan. ‘‘wolf’s milk culture,’’ which had turned hu- imperialist and anti-revisionist’’ stance in It is precisely because of such convictions mans into wolf-like predatory beasts. foreign relations and ‘‘class struggle’’ at and personal experience that I firmly believe 2. China signed the International Covenant home has been the basic premise that has en- that China’s political progress will not stop, on Economic, Social and Cultural Rights abled Reform and Opening Up to continue to and I, filled with optimism, look forward to (ICESCR) in 1997, and ratified it in 2001. It this very day. The market trend in the econ- the advent of a future free China. For there signed the International Covenant on Civil omy, the diversification of culture, and the is no force that can put an end to the human and Political Rights (ICCPR) in 1998, but has gradual shift in social order toward the rule quest for freedom, and China will in the end not yet ratified the covenant. of law have all benefitted from the weak- become a nation ruled by law, where human ening of the ‘‘enemy mentality.’’ Even in the I reserve the balance of my time. rights reign supreme. I also hope that this political arena, where progress is slowest, Mr. KLEIN of Florida. Madam Speak- sort of progress can be reflected in this trial the weakening of the enemy mentality has as I await the impartial ruling of the colle- er, I yield 5 minutes to the gentleman led to an ever-growing tolerance for social gial bench—a ruling that will withstand the from Oregon (Mr. WU). pluralism on the part of the regime and sub- test of history. Mr. WU. Madam Speaker, I rise today stantial decrease in the force of persecution If I may be permitted to say so, the most to support House Resolution 1717, con- of political dissidents, and the official des- fortunate experience of these past twenty ignation of the 1989 Movement has also been gratulating imprisoned Chinese democ- years has been the selfless love I have re- changed from ‘‘turmoil and riot’’ to ‘‘polit- racy advocate Liu Xiaobo on the award ceived from my wife, Liu Xia. She could not ical disturbance.’’ The weakening of the of the 2010 Nobel Peace Prize. I thank be present as an observer in court today, but enemy mentality has paved the way for the my colleague and good friend Congress- I still want to say to you, my dear, that I regime to gradually accept the universality firmly believe your love for me will remain man CHRIS SMITH for introducing this of human rights. In [1997 and] 1998 the Chi- the same as it has always been. Throughout resolution. nese government made a commitment to all these years that I have lived without China is an appropriately proud na- sign two major United Nations international freedom, our love was full of bitterness im- human rights covenants,2 signaling China’s tion, with more than 5,000 years of re- acceptance of universal human rights stand- posed by outside circumstances, but as I corded history, a history filled with ards. In 2004, the National People’s Congress savor its aftertaste, it remains boundless. I great achievements. Chinese is perhaps (NPC) amended the Constitution, writing am serving my sentence in a tangible prison, the world’s oldest, continuously used into the Constitution for the first time that while you wait in the intangible prison of written language. More recently, the ‘‘the state respects and guarantees human the heart. Your love is the sunlight that leaps over high walls and penetrates the iron nation has achieved near universal lit- rights,’’ signaling that human rights have al- eracy and has fed its 1.3 billion people ready become one of the fundamental prin- bars of my prison window, stroking every ciples of China’s rule of law. At the same inch of my skin, warming every cell of my most adequately. And most recently, time, the current regime puts forth the ideas body, allowing me to always keep peace, China has achieved human space flight, of ‘‘putting people first’’ and ‘‘creating a openness, and brightness in my heart, and joining the international community of harmonious society,’’ signaling progress in filling every minute of my time in prison space-faring nations. the CPC’s concept of rule. with meaning. My love for you, on the other And on this Friday, another first, the I have also been able to feel this progress hand, is so full of remorse and regret that it first Nobel Peace Prize. But at times makes me stagger under its weight. on the macro level through my own personal inexplicably, this achievement has experience since my arrest. I am an insensate stone in the wilderness, Although I continue to maintain that I am whipped by fierce wind and torrential rain, been met by this Chinese Government innocent and that the charges against me so cold that no one dares touch me. But my with opposition and outright hostility. are unconstitutional, during the one plus love is solid and sharp, capable of piercing This is an incomprehensible failure of year since I have lost my freedom, I have through any obstacle. Even if I were crushed national pride and patriotism. I call been locked up at two different locations and into powder, I would still use my ashes to upon this Chinese Government to be on gone through four pretrial police interroga- embrace you. the right side of history. I know that My dear, with your love I can calmly face tors, three prosecutors, and two judges, but Chinese history will some day vindi- in handling my case, they have not been dis- my impending trial, having no regrets about respectful, overstepped time limitations, or the choices I’ve made and optimistically cate Liu Xiaobo, as it has done with tried to force a confession. Their manner has awaiting tomorrow. I look forward to [the other great figures in Chinese history. been moderate and reasonable; moreover, day] when my country is a land with freedom In the city of Hangzhou, which is they have often shown goodwill. On June 23, of expression, where the speech of every cit- near Suzhou, my ancestral home where I was moved from a location where I was izen will be treated equally well; where dif- my family has lived for 500 to 600 years, kept under residential surveillance to the ferent values, ideas, beliefs, and political Hangzhou was the capital of the South- Beijing Municipal Public Security Bureau’s views . . . can both compete with each other ern Song Dynasty and the scene of con- and peacefully coexist; where both majority No. 1 Detention Center, known as ‘‘Beikan.’’ flict between the Song Dynasty and During my six months at Beikan, I saw im- and minority views will be equally guaran- provements in prison management. teed, and where the political views that dif- northern tribes. In that city is a me- In 1996, I spent time at the old Beikan (lo- fer from those currently in power, in par- morial park to honor a general of the cated at Banbuqiao). Compared to the old ticular, will be fully respected and protected; Song Dynasty, Yue Fei, who is now

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.016 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8053 considered a national hero. He was exe- be able to accept the prize on his be- member, the Berlin Wall fell like cuted by a jealous emperor. And today, half. that—in my lifetime, the Chinese peo- his statue, he stands upon that jealous Since 1901, only three other Nobel ple will know the true freedom, and I emperor’s neck tall and proud. Prize winners have been prevented will look forward to celebrating that History has a way of setting things from attending the ceremony to accept day. right. By failing to honor the funda- the prize. In 1935, Carl von Ossietzy, a I thank Mr. SMITH again for his lead- mental rights guaranteed by its own German peace activist, was prevented ership on this and so many other constitution, the current Chinese Gov- from receiving the prize by the Nazi issues. ernment not only fails the Chinese peo- government. In 1975, Andrei Sakharov, Mr. KLEIN of Florida. Madam Speak- ple, but it is also failing to live up to a Russian nuclear scientist, was barred er, as we’ve been discussing, this is a China’s 5,000-year history as one of the from leaving the Soviet Union to ac- travesty of great magnitude. The Chi- great civilizations on this planet. Peo- cept the prize. And in 1991, Aung San nese Government has shown over and ple like Liu Xiaobo are the future of Suu Kyi, the leader of Burma’s democ- over again its lack of respect and dig- China. Let us honor him today and racy movement, was not allowed to nity for human life. And, certainly, for every day as this struggle continues. leave the country by the brutal ruling someone who has such great respect in Why is Liu Xiaobo, a prolific writer military junta. the academic community and world- and a longstanding advocate for peace- China should be ashamed and embar- wide as a leader in the views of non- ful democratic reform in China, in pris- rassed to be in the company of Nazi violence to be locked up and put away on today, unable to attend the cere- Germany, the Soviet Union, and when the rest of the world recognizes the importance of his respect and his mony in Oslo? This year, the world’s Burma. Instead, the Chinese Govern- leadership in this important endeavor spotlight will be on the Nobel Peace ment has launched a diplomatic cam- is obviously more than disgusting. Prize ceremony, and that spotlight will paign to encourage other nations to shine upon an empty chair. I and oth- boycott Friday’s ceremony. In a public b 1550 ers from this body will be there, and we statement, China’s vice foreign min- But we have an opportunity, obvi- hope to underscore both the uni- ister threatened that ‘‘if they make the ously, today to create a resolution and versality of the struggle for freedom wrong choice, they have to bear the speak on behalf of the United States and the singularity not only of the consequences.’’ The 18 countries that and our people about what we believe great achievement but also of the Chi- have sided with China and will not at- are human rights and the respect that nese Government’s unpatriotic, incom- tend Friday’s ceremonies are Afghani- should be given someone who has been prehensible reactions to Mr. Liu’s his- stan, Colombia, Egypt, Russia, given the Nobel Peace Prize. toric recognition. Kazakhstan, Cuba, Morocco, Iraq, Iran, Madam Speaker, I reserve the bal- Madam Speaker, it is time for Pakistan, the Philippines, Saudi Ara- ance of my time. change. With proper recognition and bia, Serbia, Sudan—the genocide Gov- Mr. SMITH of New Jersey. Madam proper action, China can take another ernment of Sudan—Tunisia, Ukraine, Speaker, I yield 4 minutes to the gen- important step and evolve peacefully Venezuela, and Vietnam. tleman from California (Mr. ROHR- toward its future. The alternative will And when their lobbyists come up ABACHER), ranking member of the For- be a harsh judgment of history. here next year begging for help, re- eign Affairs Subcommittee on Inter- Mr. SMITH of New Jersey. Madam member, they were not willing to go to national Organizations, Human Rights, Speaker, I yield 5 minutes to the gen- Oslo even to stand up for human rights. and Oversight. He too has been out- tleman from Virginia (Mr. WOLF), who Here we are giving the Moroccan Gov- spoken on behalf of the dissidents in is cochair of the Tom Lantos Congres- ernment $697 million in the Millennium China. sional Human Rights Commission and Challenge grant, and they won’t even Mr. ROHRABACHER. Madam Speak- a great advocate of human rights all go to Oslo. These countries, which are er, let me first suggest that I am hon- over the world, including and espe- among the world’s worst human rights ored to be here in the presence of CHRIS SMITH, who has done so much, and cially in China. abusers, will join China in its shameful Speaker PELOSI, who over the years, (Mr. WOLF asked and was given per- boycott. mission to revise and extend his re- This year’s Nobel Prize winner is rep- over these last two decades while I have been in Congress, have proven to marks.) resentative not just of Dr. Liu, but of me over and over again that they are Mr. WOLF. I want to thank my good the thousands of Chinese prisoners that the type of moral and honest people friend and distinguished colleague Con- remain languishing in prisons and that I emulate and would seek to strive gressman CHRIS SMITH of New Jersey labor camps due to their political and to meet your standards. So thank you for introducing this important resolu- religious beliefs. Chinese authorities very much for the leadership both of tion which congratulates Chinese de- continue to crack down on the Protes- you have shown, and nowhere is that mocracy advocate Liu Xiaobo on the tant house church Christians, Catho- more evident than when it comes to award. lics, Tibetan Buddhists, Muslim our relations with China. Congressman SMITH—and I think all Uyghurs, and members of the Falun I rise in strong support of H. Res. the colleagues in this House on both Gong. 1717, which urges President Obama to sides should know—is one of the great- In passing this resolution, the U.S. work for the release of Nobel Peace est human rights advocates in the Con- Congress sends an important message Prize Laureate Liu Xiaobo, as well as gress, and his leadership on this issue to the dissidents of China and all those the release of all the heroic signers of and on human rights and religious free- who are being persecuted around the Charter 08. They are now in detention dom is really, I think, one of the finest world. The people of the United States and house arrest for being so coura- that I have ever served with since I stand with those who sit in their jail geous to put their name on a demo- have been here in Congress. I also want cells day after day, week after week, cratic document. to say parenthetically, why hasn’t the year after year in their quest for free- There is nothing so low in the arena Church in the West and in the United dom. of global politics as officials of a re- States also spoken out on some of Robert F. Kennedy once said: ‘‘Each gime who order the arrest and impris- these more profound issues of human time a man stands up for an ideal, or onment of a Nobel Prize winner. Such rights and religious freedoms? The si- acts to improve the lot of others, or oppressors deserve a prize of their own, lence of the Church in the West is quite strikes out against injustice, he sends a prize for arrogance and brutality. disturbing. forth a tiny ripple of hope’’ and ‘‘those This year’s prize would then go again On Friday, the award ceremony will ripples build a current which can sweep to the Chinese leadership, who have be held with an empty chair, as my col- down the mightiest walls of oppression awarded themselves this prize of in- league Mr. WU said, as a solemn re- and resistance.’’ famy. minder that this year’s Nobel laureate The awarding of the Nobel Peace More perplexing than gangsters act- remains languishing in prison. Chinese Prize to Dr. Liu has sent out that rip- ing like gangsters are American Gov- authorities have placed his wife under ple of hope that cannot be stopped. And ernment officials who insist on treat- house arrest to ensure that she will not I believe that in my lifetime—and re- ing the communist dictatorship as if it

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.041 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8054 CONGRESSIONAL RECORD — HOUSE December 7, 2010 is morally equivalent to democratic Madam Speaker, Mr. SMITH, Mr. expressing their views, whether they be government, thus worthy of respect, of ROHRABACHER, and Mr. WOLF and I religious or political, are not forgotten. trust and cooperation. For 30 years, our have been working on this issue for One of the techniques of imprisonment State Department has pushed a policy decades. Even before Tiananmen is to tell those who have been arrested of open doors, of trade and commerce Square, many of us met with our that on the outside nobody even re- with Communist China. And we have, former colleague, now gone from us, members you, nobody cares that you of course, shared our technology with Tom Lantos, to meet with His Holiness are here; they have forgotten you and Communist China, invested in Com- the Dalai Lama. I think that was in all that you have done. And, of course, munist China. We have closed factories 1987. A couple years later, we saw what with the awarding of the Nobel Peace here and opened them up in China. We happened in Tiananmen Square. And at Prize, what greater spotlight could have trained their young people and that time, as advocates for human there be placed on freedom of expres- equipped them. And we were told that rights throughout the world, we were sion in China? if we so outreached, that our goodwill advocating for human rights in China b 1600 would then civilize the brutal thugs in as well. For a long time, we had that the Communist Chinese Party. debate. The awarding of the Nobel Peace Now that all of our jobs and factories We were joined then by our colleague Prize for the first time to a Chinese have been sent to Communist China, DAVID WU and others in this important citizen is a momentous occasion for the they still repress their people, even statement that said, if we are advo- Tiananmen democracy movement. Nobel Prize winners. Yet we must cating for human rights throughout Liu Xiaobo was arrested in watch out how heavily we criticize. the world, which this Congress has Tiananmen Square in 1989. At the time, They might turn down our requests for done over and over again, we lose all he was on a hunger strike to protest loan extensions, or our CEOs might feel moral authority to talk about human martial law and support peaceful nego- threatened that their factories that rights in the rest of the world if we do tiations with Chinese students. He they put over there might be expropri- not talk about human rights in China, spent many years in Chinese prison ated. despite the commercial interests we camps for only expressing his right to Madam Speaker, we need to raise our have in China, despite a number of free expression. voices for freedom in China and the im- other issues that had been called to our The Nobel Peace Prize is not only a prisoned Nobel Prize winner. But more attention. And so the news that the testament to Liu Xiaobo, but Chinese importantly, we need to identify the Nobel Committee had awarded the dissidents, many, many Chinese dis- Chinese regime as a militaristic dicta- Nobel Peace Prize to Liu Xiaobo came sidents, who have sacrificed so much in torship that threatens everything we as good news to those of us who had pursuant of freedom and democracy in hold dear, threatens the peace of the been calling attention to this issue for China. world, and threatens all freedom-loving a very long time. Today, the House of Representatives people in the world, and then act ac- Congressman SMITH was instru- is congratulating Liu Xiaobo on the cordingly. Therefore, I rise in support mental in nominating Liu Xiaobo for Nobel Peace Prize and sending a clear of this resolution, joining with Speaker the Nobel Prize. He has been a fighter. message of support for human rights PELOSI and Congressman SMITH and my He and FRANK WOLF, how many times and democracy in China. We do this in other colleagues who know if we do not did you go to China, visit the prisons recognition of the importance of the stand for these truths that our country and the rest? On this score, Mr. ROHR- relationship between China and the supposedly believes in, it will come ABACHER has been relentless. And so for United States, that we have many back and hurt us later. us, this is a very important occasion, issues where we have common ground Therefore, I rise in support and urge not only that he is receiving the Nobel or where we should seek common my colleagues and the American people Prize, but that this Congress is recog- ground, but all of that is better served to wake up and stop treating China nizing that prize as well. by the candor in our friendship and not like as if we treat them well and ignore The Nobel Prize has been called the ignoring sore spots. their crimes against humanity that most prestigious prize in the world. It We continue to call for Liu Xiaobo’s they will change. That may be what is appropriate that in 2010, Chinese de- immediate and unconditional release you do when you are complaining to a mocracy advocate Liu Xiaobo joins the and for the Chinese Government to lis- democratic government and you sug- illustrious group of former recipients. ten to the many Chinese citizens who gest that they made a mistake, they On Christmas Day 2009, Chinese au- are calling for human rights and free- are doing something wrong, yes, and thorities sentenced Liu Xiaobo to 11 dom in China. then follow through with goodwill ges- years in prison for inciting subversion Once again, I thank Congressman tures. That is seen as weakness on the of state power. It was a harsh sentence SMITH for his leadership over the many part of dictatorships. And it is about that disrespects the rule of law and the years and for nominating Liu Xiaobo time that America stands strong and freedom of Chinese citizens to express and helping to bring this resolution to be seen as a courageous voice through- their opinions, which is even guaran- the floor, and I thank Mr. KLEIN for his out the world for freedom, democracy, teed in the Chinese constitution. Liu leadership as well. and peace, and especially as we send Xiaobo is still in prison today, and his Mr. SMITH of New Jersey. Madam that message to the people of China. wife has been put under house arrest. Speaker, I yield myself 30 seconds. Mr. KLEIN of Florida. Madam Speak- Liu Xiaobo was one of the original First of all, I want to thank our dis- er, I would like to acknowledge and signers of Charter 08, an online petition tinguished Speaker of the House, thank the Speaker of the House for her calling for new policies to improve NANCY PELOSI, for her very eloquent leadership in the fight for human human rights and democracy in China. defense of the human rights defenders rights throughout the world, and I Mr. Liu wrote, ‘‘The most fundamental in China, especially for Liu Xiaobo. I yield 1 minute to the Speaker of the principles of democracy are that people also wish to thank her for these many House. are sovereign, and that the people se- decades, in which we have worked side Ms. PELOSI. I thank the gentleman lect their own government.’’ by side, along with FRANK WOLF and from Florida for yielding and thank Charter 08 now has over 10,000 sig- others, and I thank her for that and for him for giving us this opportunity to natories, many of whom have been har- scheduling this resolution to come to talk about Liu Xiaobo on the floor of assed and intimidated by the Chinese the floor today. the House today. I especially want to authorities. The courageous efforts by I yield 2 minutes to my good friend thank CHRIS SMITH, the gentleman the signatories of Charter 08 to express and colleague, the gentleman from from New Jersey, FRANK WOLF, DANA themselves in the face of arrest and de- Pennsylvania (Mr. PITTS). ROHRABACHER, three Members whom I tention are truly an inspiration around Mr. PITTS. Thank you, Congressman heard speak on the subject, and I know the world. SMITH, for your leadership on this many others have, DAVID WU, who is One of the things that we have done issue. with us on this side, for their commit- in the past decades is to make sure Madam Speaker, here is a picture of ment to democratic freedoms in China. that those who have been arrested for Liu Xiaobo, a modern-day human

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.043 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8055 rights hero who is suffering and lan- member, this was stated at his trial in violent activism on behalf of universal human guishing in prison as we speak. 2009. He said, in pertinent part: I hope rights are not dissidents to be swept under the This resolution celebrates the fact that I will be the last victim of China’s rug. They are noble and constructive members that the Chinese dissident Liu Xiaobo endless literary inquisitions and that of society whose goal is a more just world. I has been awarded the Nobel Peace from now on no one will be incrimi- join with my colleagues in congratulating Liu Prize and notes with sadness the fact nated because of speech. Xiaobo and calling for his immediate release, that he remains in prison because of He went on to say: Freedom of ex- along with all political prisoners and prisoners his commitment to freedom and human pression is the foundation of human of conscience in China and around the globe. rights. He has been a true hero, defend- rights, the source of humanity, and the Mr. MCGOVERN. Mr. Speaker, this morning ing those who cannot defend them- mother of truth. To strangle freedom I was proud to participate in a press con- selves and lending a voice to those who of speech is to trample on human ference in honor of Mr. Liu Xiaobo, the 2010 have no voice. rights, stifle humanity, and suppress Laureate of the Nobel Peace Prize. I was He has worked tirelessly to protect truth. joined by my fellow co-Chair of the Tom Lan- human rights but has been repeatedly He went on to say: There is nothing tos Human Rights Commission, Congressman detained, sent to reeducation through criminal in anything I have done. If FRANK WOLF, as well as Representatives JO- labor camps, placed under house arrest, charges are brought against me be- SEPH PITTS, CHRIS SMITH (NJ), ILEANA ROS- harassed, and monitored by the Chi- cause of this, I have no complaints. LEHTINEN, DAVID WU and ROBERT ADERHOLT. nese Government. For years, he has Liu Xiaobo had bogus charges leveled Representatives from human rights organiza- withstood the brutal intimidation tac- against him, and today he endures 11 tions also made statements in support of Mr. tics of the Chinese Government and has years in prison. Today, the Congress Liu, including Sophie Richard with Human continued to fight for freedom. stands with the oppressed, all of the Rights Watch; T. Kumar with Amnesty Inter- In 2008 he helped draft Charter 08, oppressed in China, but including and national; Paula Schriefer with Freedom House; calling for greater freedom of expres- especially Liu Xiaobo. Todd Stein with the International Campaign for sion, respect for human rights, and free We stand with him and we stand Tibet; Clothilde de Le Coz with Reporters elections. Because of his role in draft- against the oppressor. We are united Without Borders; and Harry Wu, well-known ing and circulating the charter, he was Democrats, Republicans, liberals, mod- Chinese human rights activist. arrested and sentenced to 11 years in erates, and conservatives in saying I would like to submit the statement that I prison, a term he continues to serve. that human rights matter, and we made this morning in support of Liu Xiaobo’s Liu’s long, arduous, and peaceful thank the Nobel Peace Prize Com- non-violent advocacy on behalf of democratic struggle for human rights has made mittee for naming this outstanding and human rights in China and his having him most deserving of this award, and moral leader one of the greatest moral been awarded this well-deserved honor. we act today to recognize and honor leaders of our time as the 2011 laureate. Good morning, ladies and gentlemen: his life’s work. But we also take this Mr. KLEIN of Florida. I would like to Today I proudly stand shoulder to shoulder opportunity to call on the Chinese Gov- thank the gentleman from New Jersey with my colleagues in Congress and so many ernment to respect the basic human for his very eloquent presentation, and distinguished human rights defenders and all the speakers today, including the congratulate Liu Xiaobo on being awarded rights of its people and to release Liu the 2010 Nobel Peace Prize. from prison. Speaker of the House. This is a state- When the Norwegian Nobel Committee an- Unfortunately, the Chinese Govern- ment of the American people, a state- nounced its decision on October 8th, it re- ment’s response to the Nobel Prize ment of all of us from whatever back- newed its past proud history of awarding this Committee’s decision was shameful. ground we come, about the importance prestigious award to outstanding individuals News about the award was censured, of human rights and the recognition and groups who embody incredible courage and the Foreign Ministry issued a that all of us fight for human rights, no and humanity in the face of severe suppres- statement calling Liu a criminal. His matter what the situation, politically sion, to bravely stand up for their fellow citi- or otherwise. zens, for truth, democracy and human wife was placed under house arrest, and rights—despite the likely consequences. events commemorating the award were Mr. HOLT. Mr. Speaker, I rise as a cospon- The Nobel Committee in its announcement raided. sor and strong supporter of House Resolution specifically cited that it awarded the Peace In addition, China has declined to at- 1717. For over two decades, Liu Xiaobo has Prize to Mr. Liu because of ‘‘his long and tend the Nobel Peace Prize ceremony been a tireless advocate for human rights and non-violent struggle for fundamental human for the award, and now it’s being boy- democratic self-government for the people of rights in China.’’ cotted. China. In 1989, he left a temporary appoint- When the award ceremony takes place this ment in the United States to participate in the Friday in Oslo, Norway, on December 10th, The SPEAKER pro tempore. The International Human Rights Day, Mr. Liu time of the gentleman has expired. Tiananmen Square pro-democracy protests. will be serving yet another day of the 11-year Mr. SMITH of New Jersey. Madam After the army crackdown, he was instru- sentence he received last December for al- Speaker, how much time remains on mental in negotiating a non-violent resolution leged ‘subversion of State power.’ both sides? to the standoff. Liu continued to promote re- If the Chinese government had to explain The SPEAKER pro tempore. The gen- forms in China during periods of imprisonment what exactly is the alleged ‘subversion,’ it tleman from New Jersey has 30 seconds that followed Tiananmen Square. He was one would of course be hard pressed. Mr. Liu’s remaining, and the gentleman from of the primary authors of Charter 08, a dec- entire life has been dedicated to the peaceful reform of his country, a country that yearns Florida has 11 minutes remaining. laration of human and civil rights for the Chi- for greater space for democracy and human Mr. SMITH of New Jersey. I yield the nese people that was published on December rights. That is exactly why the People’s Re- gentleman from Pennsylvania an addi- 10, 2008. In 2009, the Chinese government public of China does not explain its blatant tional 30 seconds. sentenced Liu to eleven years in prison for abuse of judicial power, or allow judicial re- Mr. PITTS. The countries of ‘‘inciting subversion of state power.’’ view or meaningful court proceedings in the Kazakhstan, Morocco, Egypt, and Iraq I applaud the Norwegian Nobel Committee first place. are boycotting. That’s shameful. It’s for recognizing Liu Xiaobo with the 2010 Instead, China immediately embarked on a my hope that, as the resolution says, Nobel Prize for Peace. Liu is a brave spokes- massive international campaign to pressure the Nobel Committee not to award the Prize the Government of China will release man for the billions of Chinese citizens who to Mr. Liu as the first Chinese recipient of him from prison and the President, are denied their individual liberties in favor of the Nobel Peace Prize, and pressed foreign when the President of China comes ‘‘state power.’’ His nonviolent struggle and governments not to attend the ceremonies in next month, will raise this issue vigor- sacrifice follows in the venerable tradition of Oslo. We remember how China responded in a ously and urge him to be released. Mahatma Gandhi and Martin Luther King Jr., similar fashion when His Holiness, the Dalai Mr. KLEIN of Florida. Mr. Speaker, I and he richly deserves this honor. Liu is the Lama, won the award, and when Uyghur yield 1 minute to the gentleman from first Chinese citizen to receive a Nobel Prize. human rights and democracy leader Rebiya Kadeer was nominated for the Peace Prize. New Jersey (Mr. SMITH) to close. Sadly, however, his continued imprisonment China’s arm reaches far, and the PRC, un- Mr. SMITH of New Jersey. I thank by the Chinese government will prevent him fortunately, has been able to exert pressure my good friend. from accepting his prize in person. I hope that on a handful of countries. The United States, Mr. Speaker, just let me close with a the Government of China soon will realize that however, must be a beacon of hope. I call on statement of Liu Xiaobo himself. Re- Liu Xiaobo and others who engage in non- President Obama—as a Peace Prize recipient

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\K07DE7.046 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8056 CONGRESSIONAL RECORD — HOUSE December 7, 2010 himself—to send a high level delegation to Whereas more than 17,000 people have been 17,000 Israelis, and burning 4 million Oslo as a very clear signal to the world that displaced by the fire; trees. People from all over the world the U.S. stands full square for human rights Whereas more than 4,000,000 trees have al- have planted trees in forests through- and democracy, and that we stand with Liu ready burned in the fire; out Israel to make it greener and make Xiaobo and the Chinese human rights and de- Whereas Israeli Prime Minister Benjamin mocracy movement. Netanyahu declared December 2, 2010, a na- the desert bloom. China also cracked down harshly on any tional day of mourning in Israel; This is a tragedy, because of the loss attempts to celebrate Mr. Liu’s achieve- Whereas Israel has exhausted its supplies of these forests, that really is some- ments in his country, and has so far pre- and equipment necessary to sustain the fire- thing that has to be recognized. But, vented Mr. Liu’s wife, Liu Xia, from trav- fighting effort; more importantly, this is a moment eling to Oslo, as well as most of China’s de- Whereas United States Ambassador to that we, as Americans, want to send a mocracy activists and scholars who were in- Israel James Cunningham rapidly issued a message of condolence to the Israeli vited by Mr. Liu’s family. disaster declaration, prompting significant people for the loss of life, loss of prop- The speeches in Oslo will no doubt high- coordination within the United States Gov- light Mr. Liu’s incredible courage and peace- ernment to identify and provide Israel with erty, and to make an important state- ful convictions. We will hear about his lead- firefighting assistance; ment of support and solidarity with ership as a writer, literary critic, professor Whereas President Barack Obama and Sec- our ally and friend, the State of Israel. and human rights activist; his role during retary of State Hillary Rodham Clinton have Thankfully, over the last day or so, the 1989 pro-democracy protest in pledged significant United States assistance the fire has now been successfully con- Tiananmen Square, where he negotiated on to address this disaster; tained, and hopefully it will soon be behalf of student demonstrators, that he Whereas the United States has already pro- fully extinguished. With the help of the served as President of the Independent Chi- vided Israel with technical assistance, over international community, Israel will nese PEN Center since 2003, and the promi- 110 metric tons of fire suppressant, 3,800 gal- nent leadership role he played in the drafting lons of fire retardant concentrate, and other now be able to rebuild, and that’s why of one of the most important Chinese reform needed assistance to fight this fire; it’s important that at this moment in documents, Charter 08. Whereas State and local governments in time we recognize the importance of This Friday, Mr. Liu will take his rightful the United States have mobilized to send this international effort from countries place among those human rights giants who firefighting supplies to Israel; and around the world who offered or pro- were also imprisoned when they were award- Whereas Australia, Austria, Azerbaijan, vided assistance to fight the fire. ed the Nobel Peace Prize—Germany’s Carl Bulgaria, Canada, Croatia, Cyprus, Egypt, von Ossietzky in 1935 and Burma’s Aung San France, Germany, Greece, Italy, Jordan, the b 1610 Suu Kyi in 1991. Netherlands, Norway, Romania, Russia, Those countries include Australia, But what Mr. Liu needs most is not the or- Spain, Switzerland, Turkey, the United Austria, Azerbaijan, Bulgaria, Canada, nate medal, or even the cash prize which Kingdom, and the Ukraine are among the Croatia, Cyprus, Egypt, France, Ger- goes with the award, but our ongoing com- other nations that have provided assistance mitment to stand with him and the goals or offered assistance to Israel to fight this many, Greece, Italy, Jordan, Norway, and aspirations he represents. That is our fire: Now, therefore, be it the Netherlands, the Palestinian Au- job as law makers, NGOs, the public, and the Resolved, That the House of Representa- thority, Russia, Spain, Switzerland, international community—today, tomorrow, tives— Turkey, Ukraine, and the United King- in Oslo, and most importantly, beyond De- (1) mourns the loss of life and extends con- dom. cember 10th. dolences to the families affected by the fire We’re also proud of our State and Mr. KLEIN OF Florida. Mr. Speaker, in northern Israel that began on December 2, local governments in the United States I yield back the balance of my time. 2010; who selflessly mobilized to send fire- The SPEAKER pro tempore (Mr. (2) supports the Obama Administration’s offer of, and rapid efforts to provide, United fighting supplies and firefighting ex- LANGEVIN). The question is on the mo- perts to Israel. I would like to espe- tion offered by the gentleman from States firefighting assistance to Israel in re- sponse to this disaster; cially acknowledge the round-the-clock Florida (Mr. KLEIN) that the House sus- (3) recognizes the efforts of foreign govern- efforts by USAID, Department of De- pend the rules and agree to the resolu- ments that have provided assistance or of- fense, National Security Council, U.S. tion, H. Res. 1717, as amended. fered assistance to Israel; Fire Services Professionals, as well as The question was taken. (4) commends State and local governments our embassy personnel in Tel Aviv, The SPEAKER pro tempore. In the in the United States that have offered and who were in constant contact with opinion of the Chair, two-thirds being provided assistance to Israel; and their Israeli counterparts offering as- in the affirmative, the ayes have it. (5) reaffirms United States support for the sistance and support at every juncture. Mr. KLEIN of Florida. Mr. Speaker, people and State of Israel in their time of We must note that time and again on that I demand the yeas and nays. need. Israel sends its supplies and its experts The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- to disasters around the world. It was The SPEAKER pro tempore. Pursu- ant to the rule, the gentleman from one of the first countries that provided ant to clause 8 of rule XX and the Florida (Mr. KLEIN) and the gentleman support to the people of Haiti after the Chair’s prior announcement, further from New Jersey (Mr. SMITH) each will earthquake. And certainly we know in proceedings on this motion will be control 20 minutes. the aftermath of floods, earthquakes, postponed. The Chair recognizes the gentleman from Florida. terrorist attacks, and other natural f GENERAL LEAVE and manmade disasters, Israel offers EXTENDING CONDOLENCES TO Mr. KLEIN of Florida. Mr. Speaker, I its expertise. Now Israel knows that it VICTIMS OF FIRE IN ISRAEL ask unanimous consent that all Mem- can rely on others as well. Mr. KLEIN of Florida. Mr. Speaker, I bers may have 5 legislative days to re- Restoration will be a long-term effort move to suspend the rules and agree to vise and extend their remarks and to after this fire and will require coopera- the resolution (H. Res. 1751) mourning include extraneous material on the res- tion on many fronts. I would like to the loss of life and expressing condo- olution under consideration. commend the important efforts of the lences to the families affected by the The SPEAKER pro tempore. Is there Jewish National Fund which is taking tragic forest fire in Israel that began objection to the request of the gen- a leading role in the replanting effort on December 2, 2010. tleman from Florida? as it has operated for decades. The Clerk read the title of the resolu- There was no objection. I would like to thank my partner in tion. Mr. KLEIN of Florida. Mr. Speaker, I this bipartisan legislation, Congress- The text of the resolution is as fol- yield myself such time as I may con- man PETER KING, the chairman of the lows: sume. Fire Services Caucus, and many others Mr. Speaker, I rise in strong support who have cosponsored this piece of leg- H. RES. 1751 of this resolution. islation. And I would also like to thank Whereas, on December 2, 2010, a forest fire As my colleagues are aware, last Chairman BERMAN and Ranking Mem- began in the Carmel region of Israel; Whereas the fire quickly spread and be- week the State of Israel faced the ber ROS-LEHTINEN for quickly bringing came the worst fire in Israel’s history; worst natural disaster in its history. A this resolution to the floor. Whereas over 40 people have been killed by forest fire ravaged the Carmel Forest, Our expeditious consideration allows the blaze; killing over 40 people, displacing over us to send a message to the people of

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.022 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8057 Israel: we stand with you in your time years come to the aid of other coun- The SPEAKER pro tempore. The of need. I urge my colleagues to sup- tries in their time of need, it’s obvi- question is on the motion offered by port this resolution. ously important on a humanitarian the gentleman from Florida (Mr. I reserve the balance of my time. level, logistical level, and a respect KLEIN) that the House suspend the Mr. SMITH of New Jersey. Mr. level that we can all help the State of rules and agree to the resolution, H. Speaker, I yield myself such time as I Israel in its time of need as well as in Res. 1751. may consume. this time of this natural disaster. I ask The question was taken; and (two- Mr. Speaker, on December 2, as my the Members of the House to support thirds being in the affirmative) the good friend and colleague pointed out, this resolution. rules were suspended and the resolu- the worst fire in Israel’s history erupt- Mr. KING of New York. Mr. Speaker, I rise tion was agreed to. ed in the forests in the northern region today in support of H. Res. 1751, a resolution A motion to reconsider was laid on of the country. The fire spread quickly, expressing condolences to the families af- the table. killing over 40 Israelis, displacing over fected by the tragic forest fire in Israel that f more than 17,000 and destroying more began on December 2nd, 2010. than 250 homes. The fire also burned This was the worst fire in Israel’s history–42 HONORING 20TH ANNIVERSARY OF over 4 million trees and over 12,000 people were killed, more than 17,000 have BALTIC STATES INDEPENDENCE acres of forest, resulting in damages been displaced and over 4 million trees have Mr. KLEIN of Florida. Mr. Speaker, I totaling almost $55 million. been destroyed. As we mourn this tragic loss move to suspend the rules and agree to After Israel had exhausted its re- of life, I would like to extend my condolences the concurrent resolution (H. Con. Res. sources to fight the fire, it appealed to to the families affected by these fires. 267) congratulating the Baltic nations the United States and other nations to The United States has provided Israel with of Estonia, Latvia, and Lithuania on help, and help we did. U.S. C-130 air- technical assistance, including 110 metric tons the 20th anniversary of the reestablish- craft from the Department of Defense of fire suppressant, 3,800 gallons of fire re- ment of their full independence, as flying from the U.S. European com- tardant concentrate and other supplies. An ad- amended. mand at Ramstein Air Force Base in ditional 23 nationals provided or offered assist- The Clerk read the title of the con- Germany delivered 20 tons of fire re- ance to Israel as well. It is important to com- current resolution. tardant and 38,000 gallons of fire re- mend the United States and these other na- The text of the concurrent resolution tardant concentrate. tions for providing timely aid to Israel when it is as follows: Furthermore, The U.S. Agency for was most necessary. H. CON. RES. 267 International Development has pro- We are grateful that global coordination and vided extensive firefighting supplies, rapid response resulted in the speedy extermi- Whereas the Baltic nations of Estonia, including 27 metric tons of fire retard- Latvia, and Lithuania were occupied in June nation of the fire. I would like to once again 1940 by Soviet forces through the Molotov- ant and 42 metric tons of firefighting applaud the response of the United States and Ribbentrop Pact and illegally incorporated foam. others as well as reaffirm the United States’ into the Soviet Union in August 1940; USAID also dispatched its 10-member support for the people and State of Israel. Whereas between June and August 1941, the disaster assistance response team to I urge adoption of the resolution. Baltic nations were invaded by Nazi Ger- Israel, where it’s provided technical as- Mr. HOLT. Mr. Speaker, I rise to offer my many, subject to brutal repression, and occu- sistance and discussed lessons learned. deepest condolences to all those who lost pied as part of the Third Reich before being And countless individual Americans loved ones to the Carmel wildfires in Israel. re-occupied by Soviet forces in late 1944 until provided charitable donations to help Over 40 people died in these devastating fires they regained their independence in August 1991; Israel fight and recover from the fire. and approximately 17,000 Israelis were driven Whereas their forcible and illegal incorpo- Mr. Speaker, the American people from their homes. In addition to the human ration into the Soviet Union and Third Reich and their government have once again tragedy, over 12,000 acres of forestland were was never recognized by the United States; stood with our great friend and ally, scorched and nearly 5 million trees were Whereas from 1940 to 1991, thousands of Es- Israel, in their time of need, as they burned in the last six days. I am grateful that tonians, Latvians, and Lithuanians were exe- have done with us on countless occa- the forest fires are now under control and the cuted, imprisoned, or exiled by Soviet au- sions. This is one more example of the immediate danger has passed. thorities through a regime of brutal repres- rock-solid friendship and alliance be- I appreciate the Obama Administration’s sion and Sovietization in their respective na- tween the U.S. and the State of Israel. swift response to our ally’s call for firefighting tions; Whereas despite the efforts of the Soviet Thanks to the hard work and perse- assistance. After U.S. Ambassador James Union to eradicate the memory of independ- verance of the people and the Govern- Cunningham declared a disaster, the U.S. ence, the Baltic people never lost their hope ment of Israel, and thanks to the con- Agency for International Development and the for freedom and their long-held dream of full tributions of the U.S., our State and Department of Defense mobilized over 40 independence; local governments, and over two dozen metric tons of fire retardant and 3,800 gallons Whereas during the period of ‘‘glasnost’’ other countries, Israel was able to fully of concentrated fire retardant for immediate and ‘‘perestroika’’ in the Soviet Union, the contain the fires on December 5. Unfor- transport to the affected areas. To date, the Baltic people played a leading role in the tunately, it will be likely many years U.S. has contributed more than $1.3 million to struggle for democratic reform and national independence; and for Israel to rehabilitate its damaged the relief efforts in Israel, and I am committed Whereas in the years following the declara- forests, which have long been a symbol to ensuring that our friend and ally has the tion and subsequent restoration of full inde- of Israel and the rebirth of the Jewish necessary resources to recover over the days pendence, Estonia, Latvia, and Lithuania State in the ancestral homeland of the and weeks ahead. I also want to commend have demonstrated their commitment to de- Jewish people. the generous contributions of personnel and mocracy, human rights, and the rule of law, Again, I want to thank my good firefighting resources from so many of Israel’s and have actively participated in a wide friend and colleague, Mr. KLEIN, for neighbors, including Egypt, Jordan, and Tur- range of international structures, pursuing this very important resolution for au- key. It is heartening to know that even in a re- further integration with European political, economic, and security organizations: Now, thoring it, and for Mr. KING and others gion fraught with conflict and tension, the therefore, be it for cosponsoring it. It’s an excellent human desire to assist one another in times of Resolved by the House of Representatives (the resolution. I urge its passage. great need transcends political differences. Senate concurring), That Congress— I yield back the balance of my time. The celebration of perseverance and hope (1) congratulates Estonia, Latvia, and Mr. KLEIN of Florida. I thank the during this Hanukkah season is a comforting Lithuania on the 20th anniversary of their gentleman for his support of this reso- reminder of our ability to overcome great hard- declarations on the restoration of independ- lution. I think we all understand when ship and to look toward the future. I am ence from the Soviet Union and commends it comes to disasters, that we’re all in pleased to cosponsor this resolution of soli- the significant progress that they have since this together—whether it’s people of made, including their membership in the darity with the Israeli people, who are fore- North Atlantic Treaty Organization (NATO) the State of Israel, people in the most in my thoughts and prayers at this very and the European Union (EU); and United States and other countries difficult time. (2) calls on the President to continue to around the world. And I think cer- Mr. KLEIN of Florida. I yield back build on the close and mutually beneficial tainly after watching Israel over the the balance of my time. relations the United States has enjoyed with

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.050 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8058 CONGRESSIONAL RECORD — HOUSE December 7, 2010 Estonia, Latvia, and Lithuania since the res- within weeks. All three regained their direction of our delegation, and espe- toration of the full independence of those na- full independence in late August 1991, cially Don Ritter, who was a member tions. which was recognized by the Soviet of that delegation, who had the audac- The SPEAKER pro tempore. Pursu- Union on September 6. ity to get too close to the tank. That is ant to the rule, the gentleman from In the intervening 20 years, these how much of a hair trigger the Soviet Florida (Mr. KLEIN) and the gentleman states have made remarkable progress troops had in Vilnius in February 1991. from New Jersey (Mr. SMITH) each will in reforming their political and eco- Again, I want to thank Mr. HOYER. control 20 minutes. nomic systems. They have joined the He and I and others on that delega- The Chair recognizes the gentleman family of European democracies, be- tion—he was the head of that delega- from Florida. come members of NATO and the Euro- tion. We were there like Freedom Rid- GENERAL LEAVE pean Union. Indeed, all three Baltic ers, being there, physically present, to Mr. KLEIN of Florida. Mr. Speaker, I states are valued participants in the try to chill any attack on President ask unanimous consent that all Mem- ISAF mission in Afghanistan and have Landsbergis’ government. bers may have 5 legislative days to re- worked to build stability and pros- But it was the people themselves in vise and extend their remarks and in- perity throughout eastern Europe. Estonia, Latvia, and Lithuania, the clude extraneous material on the reso- Mr. Speaker, I strongly support this Baltic States, who took it upon them- lution under consideration. resolution that celebrates an impor- selves to stand up to the tyranny, and The SPEAKER pro tempore. Is there tant anniversary of our Baltic allies. I they prevailed, as did the others in objection to the request of the gen- urge my colleagues to join me in recog- Eastern Europe and the Soviet Union. tleman from Florida? nizing the close relations that our na- So we rise to congratulate them and to There was no objection. tions have continued to enjoy. pay our profound respect for their Mr. KLEIN of Florida. I yield myself I reserve the balance of my time. as much time as I may consume. courage in bringing about democracy b 1620 Mr. Speaker, I rise in strong support to those great nations. They are cap- of this resolution that congratulates Mr. SMITH of New Jersey. Mr. tive nations no more. Estonia, Latvia, and Lithuania on the Speaker, I yield myself such time as I I yield back the balance of my time. 20th anniversary of their declarations may consume. Mr. KLEIN of Florida. Mr. Speaker, on the restoration of independence Mr. Speaker, I rise in strong support again, I think that when we think back from the Soviet Union. of H. Con. Res. 267, congratulating the to Eastern Europe from decades ago, Mr. Speaker, I wish to thank Rep- Baltic nations of Estonia, Latvia, and the type of place it was under Soviet resentative SHIMKUS, the gentleman Lithuania on the 20th anniversary of dominance and occupation, it is a dif- from Illinois, and a good friend of the their declarations on the restoration of ferent place today. Those of us who Baltic people, for introducing this independence from the Soviet Union. have a chance as Americans to travel measure today. It is hard to believe that two decades to these three countries have seen tre- In June 1940, Soviet troops occupied have passed since the world witnessed mendous change. the tremendous events that took place the Baltic states under the auspices of We know that the fight that they in Eastern Europe and the former So- the Molotov-Ribbentrop Pact and then have, and the respect they have for the viet Union. We saw countries in that forcibly incorporated them into the So- United States is strong because we held region emerge from decades of com- viet Union. The following year, Nazi and stood with them during the time of munist brutality to bravely shake off Germany invaded the Baltic states and the Soviet occupation. We appreciate the shackles of Soviet oppression. illegally incorporated them into the their belief in freedom and democracy. Those events forever changed the Third Reich. We share that with them. The Soviet Union re-occupied the world. Baltic states in 1945 until they re- Along with the memories of the fall One little side note: When I was in gained their independence in 1991. Dur- of the Berlin Wall and the victory of Lithuania, a number of us were inter- ing this period of foreign domination, the trade union Solidarity in the his- ested in encouraging Lithuania to con- thousands of Estonians, Latvians, and toric election in Poland, of course we tinue to move forward quickly with Lithuanians were subject to brutal re- recall the inspirational act by 2 million Holocaust restitution, which has been pression, exiled, imprisoned and even people living in Estonia, Latvia, and languishing for quite some time, and executed. The United States never rec- Lithuania who linked hands to form a we encourage them to move quickly ognized the incorporation of the Baltic human chain almost 400 miles long in a before many of these survivors perish states into the Soviet Union. peaceful protest against Soviet rule. by natural causes. I had a chance a few years ago to After decades of oppressive Soviet oc- But we are here today to celebrate. visit the states with a number of other cupation, the Baltic peoples remained This is a very big milestone. And of Members, and we heard directly from committed to one day regaining inde- course we ask Members of this body to the people, the government leaders pendence and living in freedom. That support this resolution. about their level of appreciation to the dream, of course, became a reality in I yield back the balance of my time. United States for taking that position 1991 when the three Baltic nations The SPEAKER pro tempore. The that they were never recognized as Bal- gained full independence from the So- question is on the motion offered by tic states under the Soviet Union. viet Union. But you know, in those the gentleman from Florida (Mr. This policy gave rise to the principle final days leading up to independence, I KLEIN) that the House suspend the of legal continuity, which held that will never forget being in Vilnius with rules and agree to the concurrent reso- they remained de jure independent dur- STENY HOYER and other members of the lution, H. Con. Res. 267, as amended. ing the period of illegal occupation. Commission on Security and Coopera- The question was taken; and (two- Furthermore, the people of Estonia, tion in Europe. We were there to stand thirds being in the affirmative) the Latvia, and Lithuania never relin- in solidarity with President rules were suspended and the concur- quished their hope for freedom and de- Landsbergis who was under an ever- rent resolution, as amended, was mocracy. In August of 1989, the world present threat that the Black Berets, agreed to. watched as an estimated 2 million the Soviet storm troopers, were poised Balts—over one-quarter of the total to take over the Parliament building The title was amended so as to read: population—formed a 370-mile human and to take over the executive branch. ‘‘Concurrent resolution congratulating chain that spanned the three capitals They killed people at a TV tower. the Baltic nations of Estonia, Latvia, in a peaceful act of solidarity and defi- There was actually a gun turret there. and Lithuania on the 20th anniversary ance of Soviet rule. There was a tank. of their declarations on the restoration Just over 6 months later, in March of We went up and visited and to pay of independence from the Soviet 1990, Lithuania became the first of the our respects to the people who had Union.’’. Soviet republics to declare independ- been slain just days before. I will never A motion to reconsider was laid on ence. Estonia and Latvia followed suit forget as the gun turret moved in the the table.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.038 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8059 RED FLAG PROGRAM Fair and Accurate Credit Transaction Mr. Speaker, I rise today in support CLARIFICATION ACT OF 2010 Act of 2003. of S. 3987, the Red Flag Program Clari- Mr. ADLER of New Jersey. Mr. The FACT Act directed the Federal fication Act of 2010. This bill, as was Speaker, I move to suspend the rules Trade Commission to promulgate rules mentioned, is a bipartisan, common- and pass the bill (S. 3987) to amend the requiring creditors to implement pro- sense approach to protecting our Na- Fair Credit Reporting Act with respect grams to detect and respond to so- tion’s small businesses from needless, to the applicability of identity theft called red flags that could indicate burdensome government regulations. identity theft. Clearly, we all agree guidelines to creditors. This legislation clarifies the definition The Clerk read the title of the bill. that identity theft is a serious problem of ‘‘creditor’’ for the purposes of com- The text of the bill is as follows: and we must respond with strong regu- plying with the Red Flags Rule. Under lations to protect consumers. That was S. 3987 this law, a creditor would include only the intent of the Congress in 2003. This Be it enacted by the Senate and House of Rep- those entities that regularly use con- Congress shares that intent. sumer reports or furnish information resentatives of the United States of America in However, we need to be careful that Congress assembled, to consumer reporting agencies. the laws we pass address the problem SECTION 1. SHORT TITLE. Mr. Speaker, our doctors and dentists This Act may be cited as the ‘‘Red Flag and do so in a way that doesn’t ad- across the country are not financial in- Program Clarification Act of 2010’’. versely and unfairly impact small busi- stitutions, do not present an identity SEC. 2. SCOPE OF CERTAIN CREDITOR REQUIRE- nesses. America’s small businesses are theft risk, and should not be treated as MENTS. struggling in today’s tough economy. such. Under the old rule, many of these (a) AMENDMENT TO FCRA.—Section 615(e) Congress needs to work in a bipartisan medical and dental offices were consid- of the Fair Credit Reporting Act (15 U.S.C. manner to find commonsense solutions 1681m(e)) is amended by adding at the end ered creditors because they worked to help America’s small businesses re- with patients to develop payment plans the following: main as competitive as possible so they ‘‘(4) DEFINITIONS.—As used in this sub- that they could afford. This rule actu- can create good-paying jobs. ally discourages efforts to improve ac- section, the term ‘creditor’— I am pleased the House is taking up ‘‘(A) means a creditor, as defined in section cess to care for people who can’t afford my legislation that will reduce burden- 702 of the Equal Credit Opportunity Act (15 to pay. This goes against all of our ef- some regulations on small businesses. U.S.C. 1691a), that regularly and in the ordi- forts to improve our health care sys- The purpose of the Red Flag Program nary course of business— tem. Congress never meant for small ‘‘(i) obtains or uses consumer reports, di- Clarification Act is to limit the type of businesses such as doctors, dentists, rectly or indirectly, in connection with a creditor that must be covered by the accountants, and others to be included credit transaction; FTC’s Red Flags Rule. ‘‘(ii) furnishes information to consumer re- When I think of the word ‘‘creditor,’’ in this definition. porting agencies, as described in section 623, dentists, accounting firms, and law This legislation is a good com- in connection with a credit transaction; or firms do not come to mind. However, promise in addressing the concerns of ‘‘(iii) advances funds to or on behalf of a the FACT Act, as read by the FTC, impacted businesses and health care person, based on an obligation of the person providers while still protecting individ- to repay the funds or repayable from specific states that these professions and oth- ers will be required to comply with Red uals from the risk of identity theft. property pledged by or on behalf of the per- I would like to thank my good son; Flag’s regulations. It is clear when ‘‘(B) does not include a creditor described Congress wrote the law, they never friends, Congressman ADLER and Con- in subparagraph (A)(iii) that advances funds contemplated including these types of gressman BROUN. I have enjoyed work- on behalf of a person for expenses incidental businesses within the broad scope of ing with you on this legislation. I to a service provided by the creditor to that that law. The FTC, to its great credit, would like to recognize the work of person; and has already delayed implementation of Chairman FRANK and Ranking Member ‘‘(C) includes any other type of creditor, as the Red Flags Rule numerous times be- BACHUS to craft a balanced bill that ad- defined in that section 702, as the agency de- dresses everyone’s concerns, as well as scribed in paragraph (1) having authority cause of this issue. And I want to Senator BEGICH and Senator THUNE for over that creditor may determine appro- thank FTC Chairman Jon Leibowitz for priate by rule promulgated by that agency, his understanding that Congress in no their work on this issue. Finally, I based on a determination that such creditor way intended back in 2003 to include would like to thank the FTC chairman, offers or maintains accounts that are subject these sorts of businesses in the broad Chairman Leibowitz, for working with to a reasonably foreseeable risk of identity scope of the FACT Act. us so diligently on this issue through- theft.’’. We must act by the end of this year out this rather long and arduous proc- (b) EFFECTIVE DATE.—The amendment to head off the potentially damaging ess. made by this section shall become effective impact of this rule, and I am pleased I yield back the balance of my time. on the date of enactment of this Act. this bill, this bipartisan bill, will pro- Mr. ADLER of New Jersey. Mr. The SPEAKER pro tempore. Pursu- vide a permanent solution to this prob- Speaker, the gentleman from Idaho ant to the rule, the gentleman from lem. The Senate passed this bill unani- (Mr. SIMPSON) and I agree. We agree on New Jersey (Mr. ADLER) and the gen- mously. The House passed similar leg- lots of things. And we also agree, I tleman from Idaho (Mr. SIMPSON) each islation, which I co-wrote with Mr. think, that this Chamber should see will control 20 minutes. BROUN and Mr. SIMPSON, last year by a more bills like this, more processes The Chair recognizes the gentleman narrow vote of 400–0. like this. from New Jersey. I want to thank my colleagues, par- b 1630 GENERAL LEAVE ticularly Congressman BROUN and Con- Mr. ADLER of New Jersey. Mr. gressman SIMPSON, along with Mr. The House and Senate actually co- Speaker, I ask unanimous consent that MAFFEI and Mr. LEE, for their leader- operated and got something good done all Members may have 5 legislative ship on this issue. I also wish to thank, that helps our small businesses, that days in which to revise and extend once again, Chairman FRANK and helps Americans all across this country their remarks and to insert extraneous Ranking Member BACHUS for allowing and that brings a little bit of common material thereon. this bill to come to the floor. We sense. The SPEAKER pro tempore. Is there worked together on a bipartisan basis A few years ago, Congress tried to do objection to the request of the gen- to solve a problem. Today we achieve a a good thing and overreached just a lit- tleman from New Jersey? worthy balance the right way, a bipar- tle bit with good intent over each little There was no objection. tisan solution to a nonpartisan prob- bit. As Mr. SIMPSON acknowledged, we Mr. ADLER of New Jersey. Mr. lem. saw the problem. Chairman Leibowitz Speaker, I yield myself such time as I Mr. Speaker, I urge passage of this of the FTC also saw the problem, and may consume. legislation that is so important to our we worked together. The bureaucracy I rise today in support of the Red small businesses. was not inflexible. It showed some re- Flag Program Clarification Act of 2010. I reserve the balance of my time. straint and didn’t impose an additional This legislation, which I introduced in Mr. SIMPSON. Mr. Speaker, I yield burden on small businesses—on the the House, will narrow the scope of the myself such time as I may consume. doctors and dentists and lawyers

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.064 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8060 CONGRESSIONAL RECORD — HOUSE December 7, 2010 around the country, who are clearly of which were expected to qualify as small Whereas on October 8, 2000, an 8-year-old not creditors. So, for once, the process businesses. At a time when we are experi- boy and his father were shot by drug traf- kind of worked. encing record high unemployment, Congress fickers while hunting in El Dorado National This gives hope to the people who Forest; needs to provide our nation’s job creators re- Whereas on June 16, 2009, law enforcement will be serving in the next Congress. lief from unnecessary regulations. This legisla- officers with the Lassen County Sheriff’s De- They can work together on a bipar- tion will do just that. partment were wounded by gunfire from drug tisan basis. This gives hope to people I urge my colleagues to support this bill, so traffickers during the investigation of a like me, who are leaving at the end of that we can ease the regulatory burden on marijuana plantation on Bureau of Land this term, that Congress will continue those industries that were not supposed to be Management property; to function, in some way, in a bipar- covered by the Red Flags rule. Whereas drug traffickers place booby traps tisan, commonsense manner. Mr. ADLER of New Jersey. I yield that contain live shotgun shells on mari- I am satisfied we’ve done a good job back the balance of my time. juana plantations; here. The SPEAKER pro tempore. The Whereas the American people should not be subjected to violence while enjoying our Mr. BROUN of Georgia. Mr. Speaker, I question is on the motion offered by Nation’s recreation areas; strongly support S. 3987, the Red Flag Pro- the gentleman from New Jersey (Mr. Whereas marijuana plantations pose a sig- gram Clarification Act of 2010, which will re- ADLER) that the House suspend the nificant threat to the environmental health move a regulatory burden that our nation’s rules and pass the bill, S. 3987. of Federal lands; small businesses are facing. I would like to The question was taken; and (two- Whereas drug traffickers spray consider- thank Chairman FRANK and Ranking Member thirds being in the affirmative) the able quantities of unregulated chemicals, BACHUS for bringing this bill to the floor, and rules were suspended and the bill was pesticides, and fertilizers; I thank the Committee staff for their hard work. passed. Whereas drug traffickers divert streams A motion to reconsider was laid on and other waterways to construct complex In November of 2007, the Federal Trade irrigation systems; Commission issued a regulation, known as the the table. Whereas it costs the Federal Government ‘‘Red Flags’’ rule, as required by section 114 f $11,000 to restore one acre of forest on which of the Fair and Accurate Credit Transaction SUPPORTING THE REMOVAL OF marijuana is being cultivated; Act of 2003. Red Flags required financial reg- Whereas the Federal Government is fun- ILLICIT MARIJUANA ON FED- ulatory agencies, including the FTC, to craft damentally responsible for protecting our ERAL LANDS rules requiring financial institutions and credi- Nation’s Federal lands and the citizens who tors to implement programs to detect and re- Mr. SCOTT of Virginia. Mr. Speaker, recreate on them; I move to suspend the rules and agree Whereas local law enforcement agencies spond to patterns, practices, or specific activi- currently play a vital role in eradicating ties—in other words, ‘‘Red Flags’’—that could to the resolution (H. Res. 1540) sup- porting the goal of eradicating illicit marijuana cultivation and enforcing Federal lead to potential identity theft. drug laws on Federal lands; The FTC broadly interpreted ‘‘creditors’’ to marijuana cultivation on Federal lands Whereas coordination among Federal agen- include any business that allows clients to es- and calling on the Director of the Of- cies and among Federal, State, and local law tablish a payment plan in exchange for their fice of National Drug Control Policy to enforcement agencies is essential to cur- services rendered, sweeping in many busi- develop a coordinated strategy to per- tailing marijuana growth on Federal lands; nesses that do not operate as a creditor in the manently dismantle Mexican drug traf- Whereas targeted joint law enforcement general understanding of the term, such as ficking organizations operating on Fed- interdiction raids have brought forth signifi- cant but short-lived successes in combating dentists, doctors, veterinarians, lawyers, ac- eral lands, as amended. The Clerk read the title of the resolu- marijuana production on Federal lands; countants, and many other health care pro- Whereas Federal law enforcement should viders that offer their clients payment plans. tion. develop and pursue a strategy that seeks to Congress did not intend to have the Red The text of the resolution is as fol- eradicate the illicit production of marijuana Flags rule cover these types of small busi- lows: on Federal lands, and to investigate, detain, nesses when it passed the Fair and Accurate H. RES. 1540 and bring drug traffickers to justice; and Credit Transaction Act of 2003. Because of Whereas Mexican drug trafficking organi- Whereas the creation of a long-term, Fed- the uncertainty as to the definition of a creditor zations and other criminal groups have es- eral-led strategy is essential to eliminating tablished robust and dangerous marijuana illicit marijuana cultivation on Federal and subsequent law suits filed against the lands: Now, therefore, be it FTC, the FTC delayed enforcement of the Red plantations on Federal lands managed by the United States Forest Service and the Bureau Resolved, That the House of Representa- Flags Rule multiple times since its original im- of Land Management; tives— plementation date of January 1, 2008. The Whereas the Office of National Drug Con- (1) declares that drug trafficking organiza- Rule is now scheduled to go into effect on trol Policy reported that 1,800,000 marijuana tions cultivating illicit marijuana on Fed- January 1, 2011, and if it does, it could require plants were eradicated from Federal lands in eral lands in the United States pose an unac- small businesses to undertake costly and bur- 2006, 2,890,000 marijuana plants were eradi- ceptable threat to the safety of law enforce- densome measures to prevent identity theft in cated in 2007, and 4,000,000 marijuana plants ment and the public; were eradicated in 2008; (2) affirms that it is the responsibility of industries that pose little threat. This legisla- the Federal Government to confront the tion will eliminate the need to request another Whereas former Director of National Drug Control Policy John P. Walters declared in threat of illicit marijuana cultivation on enforcement delay. 2007: ‘‘America’s public lands are under at- Federal lands; and It also clarifies who must comply with the tack. Instead of being appreciated as na- (3) calls upon the Director of the Office of Red Flags Rule as those creditors that use tional treasures, they are being exploited National Drug Control Policy to work in consumer reports, furnish information to con- and destroyed by foreign drug trafficking or- conjunction with Federal and State agencies sumer reporting agencies, and other creditors ganizations and heavily armed Mexican to develop a comprehensive and coordinated that loan money. Should it become apparent marijuana cartels who have turned them strategy to permanently dismantle Mexican that there are industries that present a reason- into ground zero for drug cultivation. These drug trafficking organizations and other criminal groups operating on Federal lands. ably foreseeable risk of identity theft, the FTC violent drug traffickers are endangering will have the authority to issue a rule open for America’s outdoor enthusiasts and sports- The SPEAKER pro tempore. Pursu- men, and the sensitive ecosystems of our wil- public comment that shows the industry ant to the rule, the gentleman from derness.’’; Virginia (Mr. SCOTT) and the gen- should comply with the Reds Flag rule. Whereas the illicit drug trade undermines tleman from California (Mr. DANIEL E. This legislation has broad bipartisan sup- the rule of law and has a detrimental impact port. It passed the Senate by unanimous con- in communities across our Nation; LUNGREN) each will control 20 minutes. sent last week, and similar legislation I co- Whereas Mexican drug traffickers use the The Chair recognizes the gentleman sponsored passed the House last fall on the revenue generated from marijuana produc- from Virginia. Suspension calendar with a 400–0 vote. It is tion on Federal lands to support criminal ac- GENERAL LEAVE supported by over 30 medical associations tivities, including human trafficking and il- Mr. SCOTT of Virginia. Mr. Speaker, licit weapons smuggling, and to foster polit- I ask unanimous consent that all Mem- and the U.S. Chamber of Commerce. ical unrest in Mexico; In its initial regulatory analysis, the FTC esti- Whereas drug traffickers have committed bers may have 5 legislative days to re- mated that the proposed Red Flags regulation acts of violence against United States citi- vise and extend their remarks and to would cover approximately 11.1 million entities zens and have fired upon law enforcement of- include extraneous material on the res- ‘‘across almost every industry,’’ ninety percent ficers to protect their marijuana crops; olution under consideration.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.067 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8061 The SPEAKER pro tempore. Is there wilderness areas. These are the areas States of Washington and California, objection to the request of the gen- that these cartels are converting into are becoming increasingly aggressive tleman from Virginia? farms for illegal marijuana crops. They in protecting the marijuana fields. We There was no objection. are damaging our protected ecosystems have found assault rifles, and we have Mr. SCOTT of Virginia. I yield myself there, and they are threatening the found them engaging in standoffs with such time as I may consume. safety of visitors and employees. In law enforcement officers. I would say, Mr. Speaker, House Resolution 1540 fact, the DEA calls marijuana the in my most rural counties, we do not supports the goal of eliminating illegal ‘‘cash crop’’ that finances drug cartels’ have the largest law enforcement de- marijuana cultivation on Federal drug trafficking operations. partments. That, combined with the lands, and calls on the Director of the Marijuana is grown in remote areas very few people we have from the Fed- Office of National Drug Control Policy of public lands, where there is a limited eral Government’s law enforcement, to develop a coordinated strategy to law enforcement presence. The two pri- make it a prime area for these drug defeat Mexican drug trafficking organi- mary regions for these marijuana sites cartels to take over and make it dan- zations and other criminal groups. are the Western Region, comprised of gerous, as I say, for law-abiding citi- Marijuana growers have begun to use California, Hawaii, Oregon, and Wash- zens, who want nothing but to recreate public lands because of their remote- ington; and the Appalachian Region, in these areas, to utilize these facili- ness and difficulty in seizing or tracing including Kentucky, Tennessee and ties. the drugs to any specific owner. These West Virginia. I will say, late this summer/early large-scale plantations are being oper- This year, when I was visiting one of this fall, we got tremendous support ated by well-armed and well-financed my counties, the smallest population from the Forest Service and from other Mexican drug trafficking organizations county in the State of California, Al- elements of the Federal Government in and other criminal groups. Law en- pine County, which has parts of several support of our effort to try and clean forcement officials report that the U.S. forests and a couple of wilderness out these areas and also to protect our criminal groups that grow marijuana areas, the under sheriff told me of some local law enforcement officers as they on Federal forest lands will shoot at of the largest finds that they had made were working on it. In 2010, more than police or at any other unwelcome visi- in those areas. They were finds that 3 million marijuana plants were seized tors in order to protect their crops. were unexpected and finds that were from Forest Service lands in prac- The National Drug Intelligence Cen- difficult to discover precisely because tically every region of the country. ter in the Department of Justice issued there are so few people who live in Now, this is a dramatic increase from a national drug threat assessment in these areas. Of course, we designate 2004 when fewer than 750,000 plants February in which it reported that the them as wilderness areas and as forest were seized. number of marijuana plants removed lands. In many cases, they are not that Once their illegal crops are har- from public lands had increased by often visited by citizens of the United vested, the growers then abandon the more than 300 percent from just 2004 to States. The people who recreate these sites, and they leave their garbage and 2008. This increase was spurred pri- areas do so, enjoying the environment. their destruction behind. These fields marily by marijuana crops overseen by These pristine lands of our National are easy to plant, easy to harvest, but Mexican drug cartels. Forest system are therefore particu- difficult to eradicate. Law enforcement In 2008, a separate National Drug In- larly enticing to these drug trafficking officers must patrol the thick forest telligence Center report on cartel-re- organizations as the dense, expansive canopy from the sky, hoping to glimpse lated drug trafficking organizations forests that we find in these areas pro- a marijuana grow site. found that the federation and other un- vide optimum marijuana-growing con- b 1640 determined cartels were active in Or- ditions with very little risk of detec- egon. In addition, a recent Drug En- tion. They must then fly or hike into the forcement Agency investigation uncov- America’s National Forest system, site, hoping that they won’t be con- ered evidence of growers cultivating managed by the U.S. Forest Service, is fronted by armed guards or boobytraps. marijuana on public lands in Oregon comprised of 193 million acres of land These marijuana sites not only pose a and California. with 153,000 miles of trails and nearly danger to law enforcement officials, The goal of this resolution is to bring 18,000 recreation sites, but we only park employees, and visitors, but as I attention to this illicit cartel activity have a little under 200 sworn officers say, to the very natural resources the and to encourage officials to develop and detectives who patrol this vast, ex- forest designation is intended to pro- an interagency strategy to stop drug pansive land, including 36 million acres tect. cartels from using Federal lands for of wilderness area. Marijuana fields utilized by these il- large-scale illegal drug crop oper- The members of these cartels hike legal cartels cause extensive long-term ations. deep into the forests, fell trees, and damage to the forest ecosystems and I urge my colleagues to support the clear away brush to plant their mari- deplete the drinking water supplies for resolution. juana crops. They construct rudi- neighboring communities. Just last Mr. Speaker, I reserve the balance of mentary irrigation systems, and divert month, the Forest Service removed my time. water from local creeks or streams. more than 10 cubic yards of garbage Mr. DANIEL E. LUNGREN of Cali- They use these to water the plants. from six abandoned marijuana grow fornia. I yield myself such time as I They use Miracle-Gro or other fer- sites in northern California. The Forest may consume. tilizers, and they even lace the area Service reports that it cost approxi- Mr. Speaker, as one of its cosponsors, with animal-killing chemicals. It’s ob- mately $30,000 to remove the marijuana I rise in support of House Resolution vious they don’t file for EPA permits and restore the ecosystem of each of 1540. This draws much needed attention or anything like that. the 622 marijuana sites discovered in to a problem as suggested by my They are destroying much of the the national forest system for fiscal friend, the gentleman from Virginia, beautiful natural resources that we year 2010. That is a cost of over $18 mil- which is the cultivation of marijuana have in these areas. We have discovered lion in taxpayer dollars to rid our for- on our Federal lands. that the cartel members set up camp ests of these illegal marijuana grows. There is no doubt that, oh, 15 years nearby and patrol the areas for intrud- It is imperative that Congress and ago, when I was Attorney General of ers; and sometimes, when innocent the administration make a commit- California, we saw that Mexican cartels American citizens are traveling ment to put an end to the marijuana had basically taken over this trade in through these areas, they are encoun- sites on Federal land and protect our our State and that they were largely tered by these individuals. More and precious natural resources from any operating on Federal lands, on non-pri- more, we see that these members of the further destruction. vate lands. Of course, in the State of cartels have lethal weapons with them, I commend my colleague from Cali- California, I believe the Federal Gov- even automatic weapons. fornia (Mr. HERGER) for his tireless ef- ernment owns about 49 percent of our The Justice Department reports that forts to address this growing problem State—a lot of that forest lands and these cartels, particularly in the and as I say, I was proud to join him in

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.069 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8062 CONGRESSIONAL RECORD — HOUSE December 7, 2010 this case as an original cosponsor of H. eral law enforcement agencies take enforceable agricultural policy for the Res. 1540. I urge my colleagues to sup- more aggressive, more persistent, and country with regard to the regulatory port this resolution. more effective action to shut them structure for the production of mari- Mr. Speaker, I yield 5 minutes to the down for good. juana. author of the bill, the gentleman from I want to thank Chairman CONYERS Mr. DANIEL E. LUNGREN of Cali- California (Mr. HERGER). and Ranking Member SMITH for their fornia. Mr. Speaker, I yield myself such Mr. HERGER. I thank my good friend commitment to addressing this serious time as I may consume just to say that from California for yielding me the threat to public safety and to our na- I support this resolution. time. tional sovereignty. I urge my col- The concern is a considerable one. Mr. Speaker, I rise to urge my col- leagues to vote for this resolution. These cartels are in fact violent and vi- leagues to support House Resolution Mr. SCOTT of Virginia. Mr. Speaker, cious, and their violence has gone up 1540, which I introduced to expose a I yield 3 minutes to the gentleman over the last number of years, and it is growing crisis on public lands in my from Colorado (Mr. POLIS). affecting our districts very directly. northern California congressional dis- Mr. POLIS. Mr. Speaker, this resolu- I might say to the gentleman who trict and across the Nation. Mexican tion is seemingly innocuous, for who in just spoke that we happen to be one of drug cartels are operating large-scale this body would be against illicit agri- the States that allows for medicinal marijuana plantations on these lands, culture on our Federal lands, and yet it marijuana, and it is not very difficult and the problem is getting worse by gives you reason to wonder why we’re to get a medicinal purpose for mari- the day. not facing a crisis of illicit corn pro- juana. But we also had before the vot- I recently joined law enforcement in duction, illicit potato production, il- ers in the State of California an oppor- a marijuana eradication raid in the for- licit tobacco production on our Federal tunity to decide whether or not they ests of Shasta County, California, and lands of the magnitude of the crisis of wanted to make it legal, and it was saw firsthand the flourishing produc- marijuana production involved with voted down by a substantial margin. tivity of these foreign drug traffickers. criminal enterprises on our Federal That being the case, I think this reso- Unfortunately, the Federal Govern- lands. This resolution only serves to lution needs to go forward, and I would ment has not taken sufficient action to perpetuate this failed policy of prohibi- urge my colleagues to support it. dismantle them, and a comprehensive tion, which has led to the rise of the Mr. Speaker, I yield back the balance strategy is long overdue. criminal production of marijuana on of my time. Mr. SCOTT of Virginia. Mr. Speaker, These foreign drug cartels pose a se- Federal lands. I yield myself such time as I may con- vere threat to public safety. They are The gentleman from California said sume. heavily armed and have repeatedly that the Federal Government must do fired at law enforcement officers to more to confront this threat. I would b 1650 protect their illegal crops. They endan- submit that the Federal Government I would like to thank my colleagues ger the lives of outdoorsmen who too can do more by doing less. My home from California, Mr. HERGER and Mr. frequently have been confronted by State of Colorado, the gentleman’s LUNGREN, for their advocacy on this violent criminals while simply trying home State of California, many other issue. I urge my colleagues to support to enjoy their public lands. They use States have legalized and allowed for the resolution. the drug profits to fund a multitude of the medical use of marijuana, the pro- Mr. Speaker, I yield back the balance violent crimes and provoke the polit- duction of marijuana, in a regulated of my time. ical unrest in Mexico that could capacity. The American public is split The SPEAKER pro tempore. The threaten our national security. They and a number of States continue to question is on the motion offered by cause grave and costly damage to our consider legalization for other uses as the gentleman from Virginia (Mr. environment, leaving behind tons of well. But as long as it remains illegal SCOTT) that the House suspend the trash and dangerous chemicals and and as long as there is a market de- rules and agree to the resolution, H. costing taxpayers an estimated $11,000 mand, the production will be driven un- Res. 1540, as amended. to restore each acre of forest damaged derground. No matter how much we The question was taken. by marijuana cultivation. throw at enforcement, it will continue The SPEAKER pro tempore. In the Mr. Speaker, our national forests to be a threat not only to our Federal opinion of the Chair, two-thirds being should be a safe haven for families and lands, but to our border security and to in the affirmative, the ayes have it. recreation enthusiasts, not Mexican our safety within our country. Mr. HERGER. Mr. Speaker, on that I drug cartels. The American people The resolution states that, Whereas, demand the yeas and nays. The yeas and nays were ordered. should not have to fear for their safety Mexican drug traffickers use the rev- The SPEAKER pro tempore. Pursu- while on a family camping trip. Tax- enue generated from marijuana produc- ant to clause 8 of rule XX and the payers in our Nation should not have tion on Federal lands to support crimi- Chair’s prior announcement, further to bear the financial burden of the nal activities, including human traf- proceedings on this motion will be damage caused by drug traffickers. And ficking and illicit weapons smuggling, postponed. the United States should never allow and to foster political unrest in Mex- foreign cartels to reign free on the sov- ico. It is estimated that about half of f ereign territory of our Nation. Let me the money that the Mexico cartels ob- CRIMINAL HISTORY BACKGROUND say emphatically that these drug traf- tain is through the marijuana trade. CHECKS PILOT EXTENSION ACT ficking organizations must be pursued Yes, by eliminating the failed policy of OF 2010 relentlessly, shut down permanently, prohibition with regard to marijuana Mr. SCOTT of Virginia. Mr. Speaker, and brought to justice unconditionally. and replacing it with regulation we can I move to suspend the rules and pass House Resolution 1540 spells out the cut the money to the criminal gangs by the bill (S. 3998) to extend the Child crisis occurring on our public lands and half—half the human trafficking, half Safety Pilot Program. affirms that the Federal Government the illicit weapons trafficking, half the The Clerk read the title of the bill. must do more to confront this threat. casualties of the drug war—by focusing The text of the bill is as follows: It calls upon the Director of the Office on the hard narcotic substances that S. 3998 of National Drug Control Policy to are addictive and have enslaved a gen- Be it enacted by the Senate and House of work in conjunction with Federal and eration of youth. Representatives of the United States of America State agencies to develop a comprehen- I have no doubt that marijuana plan- in Congress assembled, sive and coordinated strategy to per- tations, as the resolution states, pose a SECTION 1. SHORT TITLE. manently dismantle the foreign drug threat to the environmental health of This Act may be cited as the ‘‘Criminal trafficking organizations that have Federal lands, that drug traffickers History Background Checks Pilot Extension Act of 2010’’. found a sanctuary on these lands. It is spray unregulated chemicals, pes- SEC. 2. EXTENSION. an important first step designed to ticides, and fertilizers, but I submit Section 108(a)(3)(A) of the PROTECT Act both shine the light on this unaccept- that the best way to address that is to (42 U.S.C. 5119a note) is amended by striking able menace and to demand that Fed- incorporate this into a meaningful and ‘‘92-month’’ and inserting ‘‘104-month’’.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.072 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8063 The SPEAKER pro tempore. Pursu- passed the Senate by unanimous con- gram, then obviously it will have been ant to the rule, the gentleman from sent. I might just say parenthetically successful. I urge my colleagues to join Virginia (Mr. SCOTT) and the gen- it makes me feel good that I finally me in supporting this important legis- tleman from California (Mr. DANIEL E. found a bill sponsored by the gen- lation. LUNGREN) each will control 20 minutes. tleman from New York that I could I reserve the balance of my time. The Chair recognizes the gentleman support. Mr. SCOTT of Virginia. Mr. Speaker, from Virginia. This bill extends the child safety I yield 4 minutes to the gentlelady GENERAL LEAVE pilot program, which provides back- from Texas (Ms. JACKSON LEE). Mr. SCOTT of Virginia. Mr. Speaker, ground checks for volunteer organiza- Ms. JACKSON LEE of Texas. I thank I ask unanimous consent that all Mem- tions that work with children, for an the manager of this bill for his con- bers have 5 legislative days to revise additional year. Originally created, as tinuing leadership on issues of ensuring and extend their remarks and include the gentleman from Virginia said, in the safety of our children. To the man- extraneous material on the bill under 2003 under the PROTECT Act, the child ager for our friends on the other side of consideration. safety pilot program has proven itself the aisle, I likewise thank him for his The SPEAKER pro tempore. Is there to be an effective resource for pro- long record in law enforcement and for objection to the request of the gen- tecting our children. Through the pilot supporting this legislation, which I rise tleman from Virginia? project, nonprofit organizations that to support, S. 3998, the Criminal His- There was no objection. provide youth-based care may request tory Background Checks Pilot Exten- Mr. SCOTT of Virginia. I yield myself criminal history background checks sion Act. such time as I may consume. from the FBI on applicants for volun- Mr. Speaker, our children permeate Mr. Speaker, S. 3998, the Criminal teer or employee positions that involve our lives and our society. Not only are History Background Checks Pilot Ex- working with children. children engaged in what we call orga- tension Act of 2010, will extend the na- A study by the National Center for nized activities such as the Boys and tional child safety pilot program for an Missing and Exploited Children pro- Girls Clubs which permeate all of our additional 12 months. vided data that underscores the impor- communities and districts, or little Many Americans across the country tance of the pilot program. The Na- league baseball, football, soccer and graciously give their time and energy tional Center found that of almost basketball, in schools and after-school to volunteer and mentor children. 90,000 background checks performed clubs; but they also do ad hoc things While most of these volunteers act through the pilot program, 6 percent of such as doing their own volunteer work with good intentions, it is important volunteer applicants were found to and working with organizations that that we are able to identify those who have a criminal history of concern. ask for young people to volunteer. I may misuse these opportunities to These included serious offenses such as rise enthusiastically to support the op- harm children. sexual abuse of minors, assault, child portunity for nonprofits and others to The national child safety pilot pro- cruelty, drug offenses and even murder. be able to access these criminal back- gram was passed in 2003 as part of the Further, over 42 percent of those with ground checks and applaud the Na- PROTECT Act. This program assists criminal histories had convictions in a tional Center for Missing and Exploited organizations in checking the criminal State other than the State in which Children that I’ve worked with over records of volunteers before placing they then were applying to volunteer. the years. them as mentors with children. If the volunteer group had performed a We are always saddened when we Since 2003, the national child safety search only of the in-state records, hear of a missing child, an abused pilot project has enabled State govern- many relevant criminal convictions child, or a child that has been mur- ments to work with youth-serving or- would not have been identified. One dered. Over the last couple of months ganizations to access FBI’s national youth-serving organization that re- and in the last year, we have seen chil- fingerprint-based background checks ceived 1600 applications for volunteer dren that have been dismembered, we system. The pilot program has helped positions found that over 50 percent of have seen children that have been lost, prevent child predators and sex offend- the applicants lied about having a we have seen children that have been ers from getting access to children criminal history, even though they brutally abused; certainly some at the through legitimate mentoring pro- knew it would be subjected to a back- hands of their relatives or parents. But grams by providing access to the more ground check. Of the applicants with if we can protect these children when comprehensive data in the FBI’s data- criminal records, 23 percent had a dif- they leave our home to ensure that base. We have authorized this non- ferent name reflected on their record they do have the safety of the adult controversial fee-based program on than the one used to apply to volun- leadership that is working with them, three other occasions in anticipation of teer. Without access to the national we will have made a giant step forward. creating a permanent program. This criminal database, many of these dan- Our children are our most precious re- pilot program has provided extremely gerous individuals may have slipped source. If we look at the crime statis- important information to mentoring through the cracks. tics, we will see that they represent a organizations—at no cost to taxpayers. Mr. Speaker, volunteer and other sizable proportion of those children We hope that this 12-month extension child-serving organizations across the that have either been sexually abused will give us more time to work with country are working hard to provide or in fact suffered a violent act. So I the Senate and the Department of Jus- safe learning and growing environ- think that this expansion is extremely tice to permanently authorize this pro- ments for our children. That means important. gram. hiring professional and responsible em- I would also commend to my col- I would like to thank the gentleman ployees. This bill will help and con- leagues my interest in seeing my legis- from California (Mr. SCHIFF) for his tinues to help these groups to do just lation on the DNA data bank on sexual leadership in this legislation and his that, by extending the pilot program. predators to be accessible all over the commitment to keeping children safe. I The child safety pilot program is sup- country to law enforcement and par- urge my colleagues to support this im- ported by the Boys and Girls Clubs of ticularly isolated to those who are sex- portant legislation. America; the YMCA; the Salvation ual predators as relates to children. I Mr. Speaker, I reserve the balance of Army; Big Brothers, Big Sisters of have spoken to many law enforcement my time. America; and Volunteers of America as officers who believe that this would be Mr. DANIEL E. LUNGREN of Cali- well as many other important organi- another expedited source of assistance fornia. Mr. Speaker, I yield myself such zations. Many Members of this body to them. Obviously this would be a time as I may consume. are parents first and Members of Con- grim set of circumstances because it Today, the House considers S. 3998, gress second. This legislation is crit- means that they would have in their the Criminal History Background ical to keeping our children safe from possession a case that either a child Checks Pilot Extension Act of 2010. criminals. was sexually molested and lived or a This bill was introduced by Senator If just a single child does not become child was sexually molested and did SCHUMER of New York and recently a victim of crime because of this pro- not live. But anything that we can do

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.077 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8064 CONGRESSIONAL RECORD — HOUSE December 7, 2010 to ensure that law enforcement within The Clerk read the title of the bill. Today, Mr. Speaker, I rise in support the guidelines of our own Constitution The text of the bill is as follows: of H.R. 3353, which does provide for and beliefs have all the resources that H.R. 3353 American Samoa and the Common- they need to protect our children I be- Be it enacted by the Senate and House of wealth of the Northern Mariana Islands lieve is extremely important. Representatives of the United States of America to be treated as States for certain I look forward to working with my in Congress assembled, criminal justice programs. colleagues to move this legislation, to SECTION 1. TREATMENT AS A STATE FOR AMER- This is sponsored by Mr. SABLAN ICAN SAMOA AND CNMI. hold hearings on this legislation, and Section 901(a)(2) of Omnibus Crime Control from the Northern Mariana Islands. We to ensure that we give every tool to and Safe Streets Act of 1968 (42 U.S.C. thank him for bringing this forward to law enforcement to protect our chil- 3791(a)(2)) is amended by striking ‘‘Islands:’’ us. As the gentleman from Virginia dren. and all that follows through the period and said, this will allow these two terri- inserting ‘‘Islands;’’. b 1700 tories to be treated individually for the The SPEAKER pro tempore. Pursu- Byrne Grant Program. This will assist But in the instance of this legisla- ant to the rule, the gentleman from both of them in dealing with some of tion, this is, in fact, a very important Virginia (Mr. SCOTT) and the gen- the law enforcement challenges that statement about our commitment to tleman from California (Mr. DANIEL E. they have. protecting our children. LUNGREN) each will control 20 minutes. This increase in formula grant fund- I congratulate Senator SCHUMER. And The Chair recognizes the gentleman ing will provide additional resources to to all of the organizations that every from Virginia. territorial law enforcement officials to day encounter adults that work with GENERAL LEAVE help them combat crime. For example, children, this gives you an added extra Mr. SCOTT of Virginia. Mr. Speaker, this additional funding will help offi- tool that I know that you will use to be I ask unanimous consent that all Mem- cials cover the costs of purchasing and able to ensure that our children have a bers have 5 legislative days to revise maintaining police vehicles and other full and complete quality of life, enjoy and extend their remarks and include equipment which have to be shipped to the activities that you provide for extraneous material on the bill under the island. them, and, yes, have the opportunity consideration. H.R. 3353 will also help the territorial to volunteer themselves and work with The SPEAKER pro tempore. Is there governments to provide much-needed adults who they know are concerned objection to the request of the gen- services to the victims of crime. Be- about their best interests and not those tleman from Virginia? cause of the remoteness of the North- who may have a record that would un- There was no objection. ern Mariana Islands and American dermine the purpose and goals of the Mr. SCOTT of Virginia. I yield myself Samoa, these costs are quite high and organization in which they work. such time as I may consume. services are very limited. For instance, So, in conclusion, let me thank those Mr. Speaker, H.R. 3353 will allow the there are three main inhabited islands who have supported this legislation Commonwealth of the Northern Mar- in the Northern Mariana Islands but and ask my colleagues to enthusiasti- iana Islands and American Samoa to be only one shelter that provides services cally support S. 3998, the Criminal His- treated as two separate entities for the for victims of domestic violence. purposes of the Edward Byrne Memo- tory Background Checks Pilot Exten- The increase in Byrne JAG grants rial Justice Assistance Grant Program. sion Act. will also help to build capacity and sus- Mr. DANIEL E. LUNGREN of Cali- Currently, these two areas are treated tain programs to serve crime victims. fornia. Mr. Speaker, I reiterate my sup- as one State for the distribution of As there are a limited number of crime port for this piece of legislation and Federal Byrne grants. victim specialists and advocates in the yield back the balance of my time. The Byrne Justice Assistance grants Mr. SCOTT of Virginia. Mr. Speaker, are a leading source of Federal justice territories, these funds can be used to I yield back the balance of my time. funding to State and local jurisdic- hire and relocate additional staff from The SPEAKER pro tempore. The tions. The program provides States, the U.S. mainland. question is on the motion offered by tribes, and local governments with This is important legislation that the gentleman from Virginia (Mr. critical funding necessary to support a will help law enforcement officials in the Northern Marianas and American SCOTT) that the House suspend the range of program areas, including law rules and pass the bill, S. 3998. enforcement, prosecution, courts, pre- Samoa to accomplish their mission. So The question was taken. vention, education, corrections, and I support this bill, and I ask my col- The SPEAKER pro tempore. In the crime victim and witness initiatives. leagues to vote in favor of its adoption. opinion of the Chair, two-thirds being Although this bill does not change I reserve the balance of my time. in the affirmative, the ayes have it. the Byrne grant formula, particularly Mr. SCOTT of Virginia. Mr. Speaker, Mr. SCOTT of Virginia. Mr. Speaker, the statutory minimum amount of the I yield 5 minutes to the gentleman I object to the vote on the ground that 0.25 percent that each State or terri- from the Northern Mariana Islands a quorum is not present and make the tory is entitled to, it does change how (Mr. SABLAN). point of order that a quorum is not the Northern Mariana Islands and Mr. SABLAN. Mr. Speaker, I rise in present. American Samoa will be given funding support of H.R. 3353, the bill I intro- The SPEAKER pro tempore. Pursu- under the grant program. The statu- duced to improve the effectiveness of ant to clause 8 of rule XX and the tory minimum is granted to a State re- the Byrne Justice Assistance Grant Chair’s prior announcement, further gardless of its population or crime Program in the Northern Mariana Is- proceedings on this motion will be rates. However, the Byrne grant fund- lands and in American Samoa. postponed. ing increases if States have larger pop- I want to thank Chairman JOHN CON- The point of no quorum is considered ulations and higher crime rates. The YERS, Chairman BOBBY SCOTT, and withdrawn. three other territories—Puerto Rico, their staff for their help in bringing f Guam, and the United States Virgin Is- this bill to the House floor. I also want lands—are presently entitled to the to thank my colleagues on the other TREATING AMERICAN SAMOA AND side of the aisle for their support for NORTHERN MARIANA ISLANDS minimum funding, as are all 50 States. The objective of this legislation is to my bill under a suspension of the rules. AS SEPARATE STATES FOR CER- provide the Northern Mariana Islands Approval of H.R. 3353 would further TAIN CRIMINAL JUSTICE PRO- and American Samoa with the same our national policy to support a broad GRAMS statutory minimum to which every range of activities carried out by State Mr. SCOTT of Virginia. Mr. Speaker, other State and territory is entitled. and territorial governments to prevent I move to suspend the rules and pass I urge my colleagues to support the and control crime, as well as to im- the bill (H.R. 3353) to provide for Amer- legislation. prove their criminal justice systems. ican Samoa and the Commonwealth of I reserve the balance of my time. Program funds are allocated using a the Northern Marianas to be treated as Mr. DANIEL E. LUNGREN of Cali- formula that provides a minimum States for certain criminal justice pro- fornia. Mr. Speaker, I yield myself such amount for each jurisdiction to accom- grams. time as I may consume. plish these goals. The sole exceptions

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.078 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8065 are the Northern Marianas and Amer- leadership in bringing forth this bill. I Historically, the JAG program memorializes ican Samoa, which are funded as the also applaud Congressman SABLAN, the Officer Edward R. Byrne of the 103rd precinct equivalent of a single jurisdiction de- sponsor of this legislation, for his dedi- of the New York City police, who was gunned spite that these two are two separate cated leadership on this issue and down in the line of duty in the early morning jurisdictions with entirely separate many others that have been promoting of February 26, 1988. Officer Byrne was shot local governments, and each of those the interests and safety of the people of five times in the head. He was only 22 years governments has responsibility for the the Northern Marianas and American old. same basic criminal justice system as Samoa, which is represented by ENI Since its existence, the JAG program has any other State or territory. FALEOMAVAEGA. provided critical funding to States and Terri- In the Northern Mariana Islands, this b 1710 tories to aid several justice programs includ- includes a system of district, superior, ing: law enforcement, prosecution and court, and supreme courts, a probation sys- When we amend the Omnibus Crime prevention and education, corrections and tem, a prison for long-term incarcer- Control and Safe Streets Act of 1968 to community corrections, drug treatment, plan- ation, a juvenile detention facility, and treat American Samoa and the North- ning, evaluation, and technology improvement, programs to assist the victims of ern Mariana Islands as separate States, crime victims and witness protections. crimes. This is the same range of ac- we will allow the appropriation of fund- But while the Territories are treated as tivities as is found in any other juris- ing for vital criminal justice programs States, not all receive the same share. In par- diction in America. Yet, as currently that will keep these communities safe. ticular, while the rest of the Territories and structured, the Byrne JAG Program And they deserve them. States are funded at 100 percent each, only only provides one-third of the base There are over 66,000 people living in American Samoa at 67 percent and the CNMI level of support for these activities American Samoa, and there are over at 33 percent are treated as less than one that is provided everywhere else in our 48,000 people living in the Northern whole. American Samoa and the CNMI com- country. H.R. 3353 rectifies that Marianas. Each of these islands has bined is equivalent to the share of one State. difference. their own unique culture, history, and Fixing this inconsistency is important to us The result will be a more robust criminal jus- their own way of dealing with things, because, as part of the American family, we tice system. For example, law enforcement of- including their challenges. The people all serve the U.S. Constitution. It is the same ficers have described to me the lack of re- of these islands deserve separate fund- constitution that provides equality for all Amer- sources or outdated equipment they possess ing under this legislation that will icans in as far away and isolated insular areas for many years. In particular, one Captain ex- allow them to appropriately and inno- as in American Samoa and the CNMI. There- plained that, ‘‘[p]atrol vehicles are breaking vatively address their specific criminal fore, despite population sizes and other statis- down faster than we can get them out of the justice issues. Protecting communities tical indices that serve as basis for allocation, auto shops.’’ It is my hope that law enforce- and fighting crime requires not just a constitutionally, the degree of need in Amer- ment officers in Saipan, Tinian and Rota can fair share of funding, but it also re- ican Samoa and the CNMI is no less critical have the necessary resources to carry out quires flexibility to apply for the fund- than elsewhere in the United States. their duties without having to worry about what ing in a way that suits that specific Earlier this year, Lt. Detective Lusila Brown, they do not have when they respond to a community. a veteran of the American Samoa police force, shooting, a robbery, or a domestic violence I have traveled to American Samoa. I was gunned down in the line of duty. In broad dispute. Adequately providing for our law en- had an opportunity to go there this daylight with many watching unexpectedly, he forcement officers is one example of improving year. And we worked on the earth- was shot and killed in front of our High Court our criminal justice system. quake and the subsequent tsunami. building. Gruesome images of the gunman Since its inception in 1988, the Byrne And many people in my district helped with gun in hand standing over the fallen offi- JAG Program has supported law en- to bring tons and tons of items, over cer serve as a brutal reminder to all that even forcement officers, corrections and 90,000 tons to be specific, to help the in a remote and isolated place, a place known community corrections programs, people in the communities. Having mainly for its vast natural resources and crime victim initiatives, and prosecu- learned about their culture, govern- peaceful surroundings, we are no less vulner- tion and court programs in all States ment, and their unique identity, I am able to the most heinous and violent crimes and Territories, but not to the same certain that passing this bill is the known to society. degree. H.R. 3353 will finally bridge right thing and the fair thing to do. Mr. Speaker, I urge my colleagues to sup- that gap for the Northern Marianas Again, as Representative of this dis- port H.R. 3353 and give American Samoa and and for American Samoa, helping to trict, I stand in full support of the ef- CNMI their fair share of this important pro- create safer and more just commu- forts today. It’s imperative that we gram. nities for all. pass this legislation now, without Mr. DANIEL E. LUNGREN of Cali- I ask my colleagues to support H.R. delay. fornia. Mr. Speaker, again I reiterate 3353. I urge my colleagues to join me in my support for H.R. 3353. Mr. SCOTT of Virginia. Mr. Speaker, supporting H.R. 3353. I yield back the balance of my time I yield 4 minutes to the gentlelady Mr. FALEOMAVAEGA. Mr. Speaker, I rise Mr. SCOTT of Virginia. Mr. Speaker, from California (Ms. RICHARDSON). today in strong support of H.R. 3353, legisla- I yield back the balance of my time. Ms. RICHARDSON. Mr. Speaker, as tion to provide for American Samoa and the The SPEAKER pro tempore. The representative of a district with 28,000 Commonwealth of the Northern Mariana Is- question is on the motion offered by Samoan Americans, the largest Sa- lands (CNMI) to be treated as States in the the gentleman from Virginia (Mr. moan population in this country, I rise Edward Byrne Memorial Justice Grant pro- SCOTT) that the House suspend the today in support of H.R. 3353, which gram, also known as JAG. rules and pass the bill, H.R. 3353. will provide for American Samoa and First I want to commend the gentleman from The question was taken. the Northern Mariana Islands to be the CNMI, Mr. GREGORIO KILILI SABLAN, for his The SPEAKER pro tempore. In the treated as States for criminal justice authorship of this important legislation, and I opinion of the Chair, two-thirds being funding. also want to commend the gentleman from in the affirmative, the ayes have it. This legislation will protect the peo- Puerto Rico, Mr. PEDRO PIERLUISI, for his work Mr. SCOTT of Virginia. Mr. Speaker, ple of these islands by securing the re- and assistance. I want to also thank Mrs. I object to the vote on the ground that sources necessary to employ criminal DONNA CHRISTENSEN and Mrs. MADELEINE a quorum is not present and make the justice programs that are most capable BORDALLO and all my colleagues for their sup- point of order that a quorum is not of addressing the specific needs in their port. present. area. It’s kind of like asking why I The proposed legislation, H.R. 3353, will fix The SPEAKER pro tempore. Pursu- wouldn’t think that the city of Long an inconsistency in the method used to allo- ant to clause 8 of rule XX and the Beach and the city of Los Angeles cate funding through the JAG program. The Chair’s prior announcement, further wouldn’t garner equal funding appro- current proposal provides that American proceedings on this motion will be priately. Samoa and the CNMI be treated the same as postponed. I thank Chairman CONYERS and other States, each will receive a 100 percent The point of no quorum is considered Chairman SCOTT, as well, for their allocation. withdrawn.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.082 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8066 CONGRESSIONAL RECORD — HOUSE December 7, 2010 ACCESS TO CRIMINAL HISTORY State and Federal criminal history in- There is an old adage that all crime RECORDS FOR STATE SEN- formation through third parties, if at is local. And in many respects, that is TENCING COMMISSIONS ACT OF all. The effectiveness of the work of still true today. But while crime still 2010 these commissions is consequently un- may be local, oftentimes the criminal Mr. SCOTT of Virginia. Mr. Speaker, dermined by missing or incomplete in- is not. Today, more than ever, crimi- I move to suspend the rules and pass formation, particularly with respect to nals move from one State to the next, the bill (H.R. 6412) to amend title 28, research relating to recidivism in juris- or across the country, leaving a trail of United States Code, to require the At- dictions with large populations near criminal records behind them. Public torney General to share criminal their State borders. Allowing State safety officials rely upon shared crimi- records with State sentencing commis- sentencing commissions to access com- nal history records to apprehend fugi- sions, and for other purposes. plete and accurate criminal history in- tives and to identify dangerous crimi- The Clerk read the title of the bill. formation will improve the administra- nals. The text of the bill is as follows: tion of justice by enhancing the effec- Prosecutors and the courts depend on H.R. 6412 tiveness of sentencing decisions and these records to assess penalties. And program placements. Access to this in- Be it enacted by the Senate and House of sentencing commissions need this data Representatives of the United States of America formation will also improve research to accurately report sentencing data in Congress assembled, concerning sentencing outcomes and and to ensure that their sentencing SECTION 1. SHORT TITLE. recidivism. guidelines provide fair and appropriate This Act may be cited as the ‘‘Access to This bill will simply put State com- punishment. So I urge my colleagues to Criminal History Records for State Sen- missions in the same position as the support this bill brought to us by Mr. tencing Commissions Act of 2010’’. Federal Sentencing Commission in SCOTT of Virginia. SEC. 2. ATTORNEY GENERAL TO SHARE CRIMI- terms of access to this information. I yield back the balance of my time. NAL RECORDS WITH STATE SEN- The United States Sentencing Commis- Mr. SCOTT of Virginia. Mr. Speaker, TENCING COMMISSIONS. sion is already afforded access to this I yield myself such time as I may con- Section 534(a) of title 28, United States information, subject to a transfer Code, is amended by inserting after ‘‘, the sume to thank the gentleman from agreement with the Department of Jus- States’’ the following: ‘‘, including State California for supporting bills intro- tice, which protects the confidentiality sentencing commissions’’. duced by this side of the aisle. In light of these records. I would expect the De- The SPEAKER pro tempore. Pursu- of the change in leadership next year, I partment of Justice to treat State ant to the rule, the gentleman from hope he continues in that great tradi- commissions the same way once the Virginia (Mr. SCOTT) and the gen- tion. legislation is enacted. tleman from California (Mr. DANIEL E. I appreciate the assistance of Chair- Mr. Speaker, I urge my colleagues to LUNGREN) each will control 20 minutes. man CONYERS and Ranking Member support the bill, and yield back the bal- The Chair recognizes the gentleman SMITH for their bipartisan support of ance of my time. from Virginia. this important legislation. I urge my The SPEAKER pro tempore. The GENERAL LEAVE colleagues to support the bill. question is on the motion offered by Mr. SCOTT of Virginia. Mr. Speaker, I reserve the balance of my time. the gentleman from Virginia (Mr. I ask unanimous consent that all Mem- Mr. DANIEL E. LUNGREN of Cali- SCOTT) that the House suspend the bers have 5 legislative days to revise fornia. Mr. Speaker, I yield myself such rules and pass the bill, H.R. 6412. and extend their remarks and include time as I may consume. The question was taken. extraneous material on the bill under Mr. Speaker, I rise in support of H.R. The SPEAKER pro tempore. In the consideration. 6412, the Access to Criminal History opinion of the Chair, two-thirds being The SPEAKER pro tempore. Is there Records for State Sentencing Commis- in the affirmative, the ayes have it. objection to the request of the gen- sions Act of 2010. This amends the Fed- Mr. SCOTT of Virginia. Mr. Speaker, tleman from Virginia? eral law to direct the Attorney General I object to the vote on the ground that There was no objection. to share criminal history records with a quorum is not present and make the Mr. SCOTT of Virginia. I yield myself State sentencing commissions. such time as I may consume. I am proud to say that although it’s point of order that a quorum is not Mr. Speaker, H.R. 6412 is a short, but not as rare as the chances I have to present. very important, piece of legislation. agree with the Senator from New York, The SPEAKER pro tempore. Pursu- The bill will allow State sentencing I do agree with my friend from Virginia ant to clause 8 of rule XX and the commissions to obtain direct national more often than that, and it is good to Chair’s prior announcement, further criminal history record information be able to be here and support the leg- proceedings on this motion will be maintained by the Department of Jus- islation which he brings to the floor. postponed. tice. These commissions, the State Over a dozen States operate sen- The point of no quorum is considered commissions, perform critical func- tencing commissions that, similar to withdrawn. tions. They shape State policies that the U.S. Sentencing Commission, pro- promote fairer, more consistent sen- mulgate guidelines to provide uniform f tencing practices. They help protect sentences for criminal offenses. Many public safety and address the impacts State sentencing commissions also col- RECESS of crime on victims and the commu- lect and report statistics on the types nity. They develop tools to assess the of crimes, the lengths of sentences, the The SPEAKER pro tempore. Pursu- seriousness and risk of offenders so rates of recidivism, and other impor- ant to clause 12(a) of rule I, the Chair that high-risk, dangerous offenders can tant public safety data. declares the House in recess until ap- be handled appropriately, and low-risk Federal law has required the Attor- proximately 6 p.m. today. low-level offenders can be placed in ap- ney General to collect criminal history Accordingly (at 5 o’clock and 19 min- propriate evidence-based programs. records and share such records with utes p.m.), the House stood in recess They project the impacts of State State and local governments, Indian until approximately 6 p.m. legislation, regulations, and policies on tribes, penal institutions, and the U.S. correctional populations, personnel Sentencing Commission. However, in- f needs, and fiscal requirements. They terestingly enough, State sentencing evaluate the effectiveness of sen- commissions are not currently eligible b 1800 tencing and corrections programs, par- to participate in this exchange. H.R. ticularly in terms of outcomes, of- 6412 corrects this omission by amend- AFTER RECESS fender recidivism, and cost-benefit ing the Federal law to add State sen- analysis. tencing commissions to the list of enti- The recess having expired, the House Currently, State sentencing commis- ties authorized to obtain criminal his- was called to order by the Speaker pro sions are only able to receive out-of- tory records. tempore (Mr. ALTMIRE) at 6 p.m.

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.085 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8067 REPORT ON RESOLUTION WAIVING Clarke Issa Olson Van Hollen Waters Wilson (OH) Clay Jackson (IL) Olver Vela´ zquez Watson Wilson (SC) REQUIREMENT OF CLAUSE 6(a) Cleaver Jackson Lee Ortiz Visclosky Watt Wittman OF RULE XIII WITH RESPECT TO Clyburn (TX) Owens Walden Waxman Wolf CONSIDERATION OF CERTAIN Coble Jenkins Pallone Walz Weiner Woolsey RESOLUTIONS AND PROVIDING Coffman (CO) Johnson (GA) Pascrell Wamp Welch Wu Cole Johnson (IL) Pastor (AZ) Wasserman Westmoreland Young (AK) FOR CONSIDERATION OF MO- Conaway Johnson, E. B. Paulsen Schultz Whitfield Young (FL) TIONS TO SUSPEND THE RULES Connolly (VA) Johnson, Sam Payne Conyers Jones Pence NOT VOTING—51 Mr. PERLMUTTER, from the Com- Cooper Jordan (OH) Perlmutter Arcuri Ellsworth Murphy, Patrick mittee on Rules, submitted a privi- Costello Kagen Perriello Baca Fallin Oberstar leged report (Rept. No. 111–674) on the Courtney Kanjorski Peters Bean Garamendi Paul resolution (H. Res. 1752) waiving a re- Crenshaw Kaptur Peterson Berry Granger Poe (TX) Blunt Graves (MO) quirement of clause 6(a) of rule XIII Critz Kennedy Petri Putnam Crowley Kildee Pingree (ME) Boehner Griffith Radanovich with respect to consideration of certain Cuellar Kilpatrick (MI) Pitts Brady (PA) Gutierrez Salazar resolutions reported from the Com- Cummings Kilroy Platts Bright Harman Shea-Porter Carney Hoekstra Dahlkemper Kind Polis (CO) Sires mittee on Rules, and providing for con- Carter Langevin Davis (CA) King (IA) Pomeroy Speier sideration of motions to suspend the King (NY) Cohen Lewis (CA) Davis (KY) Posey Stark rules, which was referred to the House Davis (TN) Kingston Price (GA) Costa Linder Sutton DeFazio Kirkpatrick (AZ) Price (NC) Culberson Marchant Calendar and ordered to be printed. Terry DeGette Kissell Quigley Davis (AL) McMahon Tiahrt f DeLauro Klein (FL) Rahall Davis (IL) McMorris Dent Kline (MN) Rangel Delahunt Rodgers Tiberi ANNOUNCEMENT BY THE SPEAKER Deutch Kosmas Reed Diaz-Balart, M. Moran (KS) Yarmuth PRO TEMPORE Diaz-Balart, L. Kratovil Rehberg Edwards (TX) Murphy (NY) Dicks Kucinich Reichert The SPEAKER pro tempore. Pursu- Dingell Lamborn Reyes b 1830 Lance ant to clause 8 of rule XX, proceedings Djou Richardson Mr. MCCAUL changed his vote from will resume on motions to suspend the Doggett Larsen (WA) Rodriguez Donnelly (IN) Larson (CT) Roe (TN) ‘‘nay’’ to ‘‘yea.’’ rules previously postponed. Doyle Latham Rogers (AL) So (two-thirds being in the affirma- Votes will be taken in the following Dreier LaTourette Rogers (KY) tive) the rules were suspended and the order: H.R. 6400, House Resolution 1642, Driehaus Latta Rogers (MI) Duncan Lee (CA) Rohrabacher bill was passed. and House Resolution 1264, in each case Edwards (MD) Lee (NY) Rooney The result of the vote was announced by the yeas and nays. Ehlers Levin Ros-Lehtinen as above recorded. Remaining postponed proceedings Ellison Lewis (GA) Roskam A motion to reconsider was laid on will resume later in the week. Emerson Lipinski Ross the table. The first electronic vote will be con- Engel LoBiondo Rothman (NJ) Eshoo Loebsack Roybal-Allard f ducted as a 15-minute vote. Remaining Etheridge Lofgren, Zoe Royce electronic votes will be conducted as 5- Farr Lowey Ruppersberger RECOGNIZING CENTENNIAL OF minute votes. Fattah Lucas Rush Filner Luetkemeyer Ryan (OH) LILBURN, GEORGIA f Flake Luja´ n Ryan (WI) The SPEAKER pro tempore. The un- ´ Fleming Lummis Sanchez, Linda finished business is the vote on the mo- EARL WILSON, JR. POST OFFICE Forbes Lungren, Daniel T. Fortenberry E. Sanchez, Loretta tion to suspend the rules and agree to The SPEAKER pro tempore. The un- Foster Lynch Sarbanes the resolution (H. Res. 1642) recog- finished business is the vote on the mo- Foxx Mack Scalise nizing the centennial of the City of tion to suspend the rules and pass the Frank (MA) Maffei Schakowsky Franks (AZ) Maloney Schauer Lilburn, Georgia and supporting the bill (H.R. 6400) to designate the facility Frelinghuysen Manzullo Schiff goals and ideals of a City of Lilburn of the United States Postal Service lo- Fudge Markey (CO) Schmidt Day, on which the yeas and nays were cated at 111 North 6th Street in St. Gallegly Markey (MA) Schock Garrett (NJ) Marshall Schrader ordered. Louis, Missouri, as the ‘‘Earl Wilson, Gerlach Matheson Schwartz The Clerk read the title of the resolu- Jr. Post Office,’’ on which the yeas and Giffords Matsui Scott (GA) tion. nays were ordered. Gingrey (GA) McCarthy (CA) Scott (VA) The SPEAKER pro tempore. The The Clerk read the title of the bill. Gohmert McCarthy (NY) Sensenbrenner Gonzalez McCaul Serrano question is on the motion offered by The SPEAKER pro tempore. The Goodlatte McClintock Sessions the gentleman from Missouri (Mr. question is on the motion offered by Gordon (TN) McCollum Sestak CLAY) that the House suspend the rules the gentleman from Missouri (Mr. Graves (GA) McCotter Shadegg Grayson McDermott Sherman and agree to the resolution. CLAY) that the House suspend the rules Green, Al McGovern Shimkus This will be a 5-minute vote. and pass the bill. Green, Gene McHenry Shuler The vote was taken by electronic de- The vote was taken by electronic de- Grijalva McIntyre Shuster vice, and there were—yeas 379, nays 0, vice, and there were—yeas 382, nays 0, Guthrie McKeon Simpson Hall (NY) McNerney Skelton not voting 54, as follows: not voting 51, as follows: Hall (TX) Meek (FL) Slaughter [Roll No. 609] [Roll No. 608] Halvorson Meeks (NY) Smith (NE) Hare Melancon Smith (NJ) YEAS—379 YEAS—382 Harper Mica Smith (TX) Ackerman Bishop (NY) Butterfield Ackerman Bishop (GA) Burgess Hastings (FL) Michaud Smith (WA) Aderholt Bishop (UT) Buyer Aderholt Bishop (NY) Burton (IN) Hastings (WA) Miller (FL) Snyder Adler (NJ) Blackburn Calvert Adler (NJ) Bishop (UT) Butterfield Heinrich Miller (MI) Space Akin Blumenauer Camp Akin Blackburn Buyer Heller Miller (NC) Spratt Alexander Boccieri Campbell Alexander Blumenauer Calvert Hensarling Miller, Gary Stearns Altmire Bonner Cao Altmire Boccieri Camp Herger Miller, George Stupak Andrews Bono Mack Capito Andrews Bonner Campbell Herseth Sandlin Minnick Stutzman Austria Boozman Capps Austria Bono Mack Cantor Higgins Mitchell Sullivan Bachmann Boren Capuano Bachmann Boozman Cao Hill Mollohan Tanner Bachus Boswell Cardoza Bachus Boren Capito Himes Moore (KS) Taylor Baird Boucher Carnahan Baird Boswell Capps Hinchey Moore (WI) Teague Baldwin Boustany Carson (IN) Baldwin Boucher Capuano Hinojosa Moran (VA) Thompson (CA) Barrett (SC) Boyd Carter Barrett (SC) Boustany Cardoza Hirono Murphy (CT) Thompson (MS) Barrow Brady (TX) Cassidy Barrow Boyd Carnahan Hodes Murphy, Tim Thompson (PA) Bartlett Braley (IA) Castle Bartlett Brady (TX) Carson (IN) Holden Myrick Thornberry Barton (TX) Broun (GA) Castor (FL) Barton (TX) Braley (IA) Cassidy Holt Nadler (NY) Tierney Becerra Brown (SC) Chaffetz Becerra Broun (GA) Castle Honda Napolitano Titus Berkley Brown, Corrine Chandler Berkley Brown (SC) Castor (FL) Hoyer Neal (MA) Tonko Berman Brown-Waite, Childers Berman Brown, Corrine Chaffetz Hunter Neugebauer Towns Biggert Ginny Clarke Biggert Brown-Waite, Chandler Inglis Nunes Tsongas Bilbray Buchanan Clay Bilbray Ginny Childers Inslee Nye Turner Bilirakis Burgess Cleaver Bilirakis Buchanan Chu Israel Obey Upton Bishop (GA) Burton (IN) Clyburn

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.088 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8068 CONGRESSIONAL RECORD — HOUSE December 7, 2010 Coble Jenkins Owens Wamp Waxman Wilson (SC) Costello Jones Paulsen Coffman (CO) Johnson (GA) Pallone Wasserman Weiner Wittman Courtney Jordan (OH) Payne Cole Johnson (IL) Pascrell Schultz Welch Wolf Crenshaw Kagen Pence Conaway Johnson, E. B. Pastor (AZ) Waters Westmoreland Woolsey Critz Kanjorski Perlmutter Connolly (VA) Johnson, Sam Paulsen Watson Whitfield Wu Crowley Kaptur Perriello Conyers Jones Payne Watt Wilson (OH) Young (FL) Cuellar Kennedy Peters Cooper Jordan (OH) Pence Cummings Kildee Peterson Costello Kagen Perlmutter NOT VOTING—54 Dahlkemper Kilpatrick (MI) Petri Courtney Kanjorski Perriello Arcuri Edwards (TX) Paul Davis (CA) Kilroy Pingree (ME) Crenshaw Kaptur Peters Baca Ellsworth Poe (TX) Davis (KY) Kind Pitts Critz Kennedy Peterson Bean Fallin Putnam Davis (TN) King (IA) Platts Crowley Kildee Petri Berry Granger Radanovich DeFazio King (NY) Polis (CO) Cuellar Kilpatrick (MI) Pingree (ME) Blunt Graves (MO) Reyes DeGette Kingston Pomeroy Cummings Kilroy Pitts Boehner Griffith Salazar DeLauro Kirkpatrick (AZ) Posey Dahlkemper Kind Platts Brady (PA) Gutierrez Simpson Dent Kissell Price (GA) Davis (CA) King (IA) Polis (CO) Bright Harman Sires Deutch Klein (FL) Price (NC) Cantor Hoekstra Davis (KY) King (NY) Pomeroy Speier Diaz-Balart, L. Kline (MN) Quigley Carney Lewis (CA) DeFazio Kingston Posey Stark Dicks Kosmas Rahall DeGette Kirkpatrick (AZ) Price (GA) Chu Linder Dingell Kratovil Rangel Terry DeLauro Kissell Price (NC) Cohen Marchant Djou Kucinich Reed Tiahrt Dent Klein (FL) Quigley Costa McMahon Doggett Lamborn Rehberg Tiberi Deutch Kline (MN) Rahall Culberson McMorris Donnelly (IN) Lance Reichert Vela´ zquez Diaz-Balart, L. Kosmas Rangel Davis (AL) Rodgers Doyle Langevin Reyes Dicks Kratovil Reed Davis (IL) Miller, George Walden Dreier Larsen (WA) Richardson Dingell Kucinich Rehberg Davis (TN) Moran (KS) Yarmuth Driehaus Larson (CT) Rodriguez Djou Lamborn Reichert Delahunt Murphy, Patrick Young (AK) Duncan Latham Roe (TN) Doggett Lance Richardson Diaz-Balart, M. Oberstar Edwards (MD) LaTourette Rogers (AL) Donnelly (IN) Langevin Rodriguez Ehlers Latta Rogers (KY) Doyle Larsen (WA) Roe (TN) b 1838 Ellison Lee (CA) Rogers (MI) Dreier Larson (CT) Rogers (AL) Emerson Lee (NY) Rohrabacher Driehaus Latham Rogers (KY) So (two-thirds being in the affirma- Engel Levin Rooney Duncan LaTourette Rogers (MI) tive) the rules were suspended and the Eshoo Lewis (GA) Ros-Lehtinen Edwards (MD) Latta Rohrabacher resolution was agreed to. Etheridge Lipinski Roskam Ehlers Lee (CA) Rooney The result of the vote was announced Farr LoBiondo Ross Ellison Lee (NY) Ros-Lehtinen Fattah Loebsack Rothman (NJ) Emerson Levin Roskam as above recorded. Filner Lofgren, Zoe Roybal-Allard Engel Lewis (GA) Ross A motion to reconsider was laid on Flake Lowey Royce Eshoo Lipinski Rothman (NJ) the table. Fleming Lucas Ruppersberger Etheridge LoBiondo Roybal-Allard Forbes Luetkemeyer Ryan (OH) Farr Loebsack Royce f Fortenberry Luja´ n Ryan (WI) Fattah Lofgren, Zoe Ruppersberger Foster Lummis Sa´ nchez, Linda Filner Lowey Rush SUPPORTING NATIONAL ESSEN- Foxx Lungren, Daniel T. Flake Lucas Ryan (OH) Frank (MA) E. Sanchez, Loretta Fleming Luetkemeyer Ryan (WI) TIAL TREMOR AWARENESS Franks (AZ) Lynch Sarbanes Forbes Luja´ n Sa´ nchez, Linda MONTH Frelinghuysen Mack Scalise Fortenberry Lummis T. Fudge Maffei Schakowsky Foster Lungren, Daniel Sanchez, Loretta The SPEAKER pro tempore. The un- Gallegly Maloney Schauer Foxx E. Sarbanes finished business is the vote on the mo- Garamendi Manzullo Schiff Frank (MA) Lynch Scalise tion to suspend the rules and agree to Garrett (NJ) Markey (CO) Schmidt Franks (AZ) Mack Schakowsky the resolution (H. Res. 1264) expressing Gerlach Markey (MA) Schock Frelinghuysen Maffei Schauer Giffords Marshall Schrader Fudge Maloney Schiff support for the designation of March as Gingrey (GA) Matheson Schwartz Gallegly Manzullo Schmidt National Essential Tremor Awareness Gohmert Matsui Scott (GA) Garamendi Markey (CO) Schock Month, on which the yeas and nays Gonzalez McCarthy (CA) Scott (VA) Garrett (NJ) Markey (MA) Schrader Goodlatte McCarthy (NY) Sensenbrenner Gerlach Marshall Schwartz were ordered. Gordon (TN) McCaul Serrano Giffords Matheson Scott (GA) The Clerk read the title of the resolu- Graves (GA) McClintock Sessions Gingrey (GA) Matsui Scott (VA) tion. Grayson McCollum Sestak Gohmert McCarthy (CA) Sensenbrenner The SPEAKER pro tempore. The Green, Al McCotter Shadegg Gonzalez McCarthy (NY) Serrano Green, Gene McDermott Shea-Porter Goodlatte McCaul Sessions question is on the motion offered by Grijalva McGovern Sherman Gordon (TN) McClintock Sestak the gentleman from Missouri (Mr. Guthrie McHenry Shimkus Graves (GA) McCollum Shadegg CLAY) that the House suspend the rules Gutierrez McIntyre Shuler Grayson McCotter Shea-Porter Hall (NY) McKeon Shuster Green, Al McDermott Sherman and agree to the resolution. Hall (TX) McNerney Simpson Green, Gene McGovern Shimkus This will be a 5-minute vote. Halvorson Meek (FL) Skelton Grijalva McHenry Shuler The vote was taken by electronic de- Hare Meeks (NY) Slaughter Guthrie McIntyre Shuster vice, and there were—yeas 387, nays 1, Harper Melancon Smith (NE) Hall (NY) McKeon Skelton Hastings (FL) Mica Smith (NJ) Hall (TX) McNerney Slaughter not voting 45, as follows: Hastings (WA) Michaud Smith (TX) Halvorson Meek (FL) Smith (NE) [Roll No. 610] Heinrich Miller (FL) Smith (WA) Hare Meeks (NY) Smith (NJ) Heller Miller (MI) Snyder Harper Melancon Smith (TX) YEAS—387 Hensarling Miller (NC) Space Hastings (FL) Mica Smith (WA) Ackerman Blumenauer Cao Herger Miller, Gary Spratt Hastings (WA) Michaud Snyder Aderholt Boccieri Capito Herseth Sandlin Miller, George Stearns Heinrich Miller (FL) Space Adler (NJ) Bonner Capps Higgins Minnick Stupak Heller Miller (MI) Spratt Akin Bono Mack Capuano Hill Mitchell Stutzman Hensarling Miller (NC) Stearns Alexander Boozman Cardoza Himes Mollohan Sullivan Herger Miller, Gary Stupak Altmire Boren Carnahan Hinchey Moore (KS) Sutton Herseth Sandlin Minnick Stutzman Andrews Boswell Carson (IN) Hinojosa Moore (WI) Tanner Higgins Mitchell Sullivan Austria Boucher Carter Hirono Moran (VA) Taylor Hill Mollohan Sutton Bachmann Boustany Cassidy Hodes Murphy (CT) Teague Himes Moore (KS) Tanner Bachus Boyd Castle Holden Murphy (NY) Thompson (CA) Hinchey Moore (WI) Taylor Baird Brady (TX) Castor (FL) Holt Murphy, Tim Thompson (MS) Hinojosa Moran (VA) Teague Baldwin Braley (IA) Chaffetz Honda Myrick Thompson (PA) Hirono Murphy (CT) Thompson (CA) Barrett (SC) Broun (GA) Chandler Hoyer Nadler (NY) Thornberry Hodes Murphy (NY) Thompson (MS) Barrow Brown (SC) Childers Hunter Napolitano Tierney Holden Murphy, Tim Thompson (PA) Bartlett Brown, Corrine Chu Inglis Neal (MA) Titus Holt Myrick Thornberry Barton (TX) Brown-Waite, Clarke Inslee Neugebauer Tonko Honda Nadler (NY) Tierney Becerra Ginny Clay Israel Nunes Towns Hoyer Napolitano Titus Berkley Buchanan Cleaver Issa Nye Tsongas Hunter Neal (MA) Tonko Berman Burgess Clyburn Jackson (IL) Obey Turner Inglis Neugebauer Towns Biggert Burton (IN) Coble Jackson Lee Olson Upton Inslee Nunes Tsongas Bilbray Butterfield Coffman (CO) (TX) Olver Van Hollen Israel Nye Turner Bilirakis Buyer Cole Jenkins Ortiz Vela´ zquez Issa Obey Upton Bishop (GA) Calvert Conaway Johnson (GA) Owens Visclosky Jackson (IL) Olson Van Hollen Bishop (NY) Camp Connolly (VA) Johnson (IL) Pallone Walden Jackson Lee Olver Visclosky Bishop (UT) Campbell Conyers Johnson, E. B. Pascrell Walz (TX) Ortiz Walz Blackburn Cantor Cooper Johnson, Sam Pastor (AZ) Wamp

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.037 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8069 Wasserman Weiner Wittman Behavior, and, with the Concurrence of two HONORING CHAIRMAN SKELTON Schultz Welch Wolf thirds, expel a Member’’; Waters Westmoreland Woolsey Whereas in 1968, in compliance with this (Mr. NYE asked and was given per- Watson Whitfield Wu authority and to uphold its integrity and en- mission to address the House for 1 Watt Wilson (OH) Young (FL) Waxman Wilson (SC) sure that Members act in a manner that re- minute.) flects credit on the House of Representa- Mr. NYE. Mr. Speaker, I rise today to NAYS—1 tives, the Committee on Standards of Offi- honor my good friend and distinguished Young (AK) cial Conduct was established; colleague Chairman IKE SKELTON. For Whereas the ethics procedures in effect NOT VOTING—45 during the 111th Congress were enacted in nearly three and a half decades, IKE has Arcuri Edwards (TX) Oberstar 1997 in a bipartisan manner by an over- dedicated his life to serving the citi- Baca Ellsworth Paul whelming vote of the House of Representa- zens of Missouri. During his tenure, IKE Bean Fallin Poe (TX) tives upon the bipartisan recommendation of has been a steady, moderate voice dur- Berry Granger Putnam the ten member Ethics Reform Task Force, Blunt Graves (MO) ing some of the greatest challenges Radanovich which conducted a thorough and lengthy re- Boehner Griffith Rush this hallowed body has ever faced. Brady (PA) Harman view of the entire ethics process; I have been humbled to serve with Salazar Whereas, the Committee on Standards of Bright Hoekstra Sires Chairman SKELTON on the Armed Serv- Carney Lewis (CA) Official Conduct adopted rules for the 111th Speier Cohen Linder ices Committee. In my time on the Stark Congress; Costa Marchant Whereas rule 6(a) of the Rules of the Com- HASC, I have been deeply impressed by Terry Culberson McMahon mittee on Standards of Official Conduct IKE’s ability to keep partisan hyper- Davis (AL) McMorris Tiahrt Tiberi states ‘‘the staff is to be assembled and re- bole—so prevalent in today’s dis- Davis (IL) Rodgers tained as professional, nonpartisan staff’’; Delahunt Moran (KS) Yarmuth course—out of committee proceedings. Whereas rule 6(c) of the Rules of the Com- Diaz-Balart, M. Murphy, Patrick For IKE, the sacred commitment to our mittee on Standards of Official Conduct servicemembers, their families, and b 1847 states ‘‘the staff as a whole and each indi- vidual member of the staff shall perform all our national security always super- So (two-thirds being in the affirma- official duties in a nonpartisan manner’’; sedes petty politics. tive) the rules were suspended and the Whereas rule 6(f) of the Rules of the Com- As chairman, IKE shepherded some of resolution was agreed to. mittee on Standards of Official Conduct Congress’ most important legislation The result of the vote was announced states ‘‘All staff members shall be appointed through a minefield of disparate inter- as above recorded. by an affirmative vote of the majority of the ests and motives while maintaining an members of the Committee. Such a vote A motion to reconsider was laid on even hand, fair disposition, and unwav- the table. shall occur at the first meeting of the mem- bership of the Committee during each Con- ering dedication to his craft. f gress and as necessary during the Congress’’; Mr. Speaker, it has been a great Whereas, on November 19, 2010 two mem- honor to serve alongside such a prin- PERSONAL EXPLANATION bers of the professional staff of the Com- cipled chairman, consummate states- Mrs. MCMORRIS RODGERS. Mr. Speaker, mittee on Standards of Official Conduct were man, and dedicated public servant as placed on indefinite administrative leave; IKE SKELTON. on rollcall No. 608 on H.R. 6400, to designate Whereas, on November 19, 2010 the Com- the facility of the United States Postal Service mittee on Standards of Official Conduct can- f located at 111 North 6th Street in St. Louis, celed and has not rescheduled the adjudica- Missouri, as the ‘‘Earl Wilson, Jr. Post Office’’, tory hearing for a Member of Congress, pre- REMEMBERING RON SANTO I am not recorded because I was absent be- viously scheduled for November 29, 2010; (Mr. QUIGLEY asked and was given cause I gave birth to my baby daughter. Had Whereas all of these actions have subjected permission to address the House for 1 I been present, I would have voted ‘‘yea.’’ the Committee to public ridicule and weak- minute.) Mr. Speaker, on rollcall No. 609 on H. Res. ened the ability of the Committee to prop- erly conduct its investigative duties, all of Mr. QUIGLEY. Mr. Speaker, I rise 1642, Recognizing the centennial of the City which has brought discredit to the House; today to remember Ron Santo, a Cubs of Lilburn, Georgia and supporting the goals now, therefore, be it legend and legendary Cubs fan. Ron and ideals of a City of Lilburn Day, I am not Resolved, That— passed away last week after a coura- recorded because I was absent because I (1) the Speaker shall appoint a bipartisan geous fight against bladder cancer. He gave birth to my baby daughter. Had I been task force with equal representation of the was 70 years old. present, I would have voted ‘‘yea.’’ majority and minority parties to investigate For 14 years, he patrolled the hot the circumstances and cause of the decision Mr. Speaker, on rollcall No. 610 on H. Res. to place professional staff of the Committee corner at Wrigley Field. He was a nine- 1264, Expressing support for the designation on Standards of Official Conduct on indefi- time All-Star, won five Gold Gloves, of March as National Essential Tremor Aware- nite administrative leave and to make rec- and hit 342 home runs. But Ron was ness, I am not recorded because I was absent ommendations to restore public confidence never a numbers guy. On the field and because I gave birth to my baby daughter. in the ethics process, including disciplinary for 20 years in the broadcast booth, his Had I been present, I would have voted ‘‘yea.’’ measures for both staff and Members where joy, devotion, and eternal optimism needed; and embodied the best of the Cubs. f (2) the task force report its findings and Whether he was clicking his heels be- NOTICE OF INTENTION TO OFFER recommendations to the House of Represent- atives during the second session of this Con- hind third base or leading the fight RESOLUTION RAISING A QUES- gress. against juvenile diabetes, he wore his TION OF THE PRIVILEGES OF The SPEAKER pro tempore. Under heart on his sleeve and a smile on his THE HOUSE rule IX, a resolution offered from the face. Ms. WATERS. Mr. Speaker, pursuant floor by a Member other than the ma- Ron will be missed by everyone who to clause 2(a)(1) of rule IX, I hereby no- jority leader or the minority leader as ever watched him play, heard his voice tify the House of my intention to offer a question of the privileges of the on the radio, or was touched by his phi- a resolution as a question of the privi- House has immediate precedence only lanthropy and kind heart. leges of the House. at a time designated by the Chair with- Let us hope that one day soon he will The form of my resolution is as fol- in 2 legislative days after the resolu- take his rightful place alongside base- lows: tion is properly noticed. ball’s immortals in Cooperstown, be- Authorizing and directing the Speaker to Pending that designation, the form of cause Ron Santo belongs in the Hall of appoint a bipartisan task force to inves- the resolution noticed by the gentle- Fame. tigate the circumstances and cause of the de- woman from California will appear in f cision to place professional staff of the Com- the RECORD at this point. mittee on Standards of Official Conduct on The Chair will not at this point de- DREAM ACT indefinite administrative leave, and for termine whether the resolution con- (Ms. CHU asked and was given per- other purposes. Whereas the Constitution of the United stitutes a question of privilege. That mission to address the House for 1 States authorizes the House of Representa- determination will be made at the time minute.) tives to ‘‘determine the Rules of its Pro- designated for consideration of the res- Ms. CHU. Opponents of the DREAM ceedings, punish its Members for disorderly olution. Act claim the bill is amnesty. The

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.035 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8070 CONGRESSIONAL RECORD — HOUSE December 7, 2010 DREAM Act is not amnesty. The minute and to revise and extend his re- ican Caucus, I urge my colleagues to DREAM Act is justice. marks.) support the DREAM Act this week. ‘‘Amnesty’’ is defined as a govern- Mr. ENGEL. Mr. Speaker, I rise Failure to pass the DREAM Act ment pardon. But how can you be par- today to condemn the actions of the would disproportionately impact the doned if you have done nothing wrong? Governments of Brazil, Argentina and 1.5 million Asian students in our coun- These children followed their parents Uruguay for recognizing Palestine as try. Hardworking and high-achieving to a land of greater opportunity, hav- an independent state before there are students like Soo Ji Lim and Steve ing no choice and no say in how they conclusive negotiations between the ‘‘Shing Ma’’ Li have overcome numer- arrived. They grew up here, went to Israelis and Palestinians. ous barriers in their lives and are now school here, and now want to serve the The Prime Minister of Israel gave a on track to finish college. United States. 10-month moratorium on any kind of These students already contribute to But make no mistake, these students building of additional settlements or our country, and we owe them a chance will not have it easy. They will have to houses or anything like that in ex- at the American Dream. We must act, work hard, wait an entire decade, and change for talking with the Palestin- and we must make the DREAM Act a continue to prove they meet all of the ians. The Palestinians waited 9 months reality for students like them. It is a criteria for a green card, much less and didn’t talk. In the 10th month, good investment. Let’s get a return on citizenship. They must pay back taxes, they talked, and now it ran out, and the investment. the Palestinians are again placing pre- be able to read, write, and speak f conditions and are refusing to talk. English, and show knowledge of the SPECIAL ORDERS United States. The Palestinians must know that a And when they have done all of that, peace agreement with Israel is the only The SPEAKER pro tempore (Mr. they will finally be allowed to pursue way they can have their Palestinian KISSELL). Under the Speaker’s an- their dreams. That is justice—the state. It can’t be done unilaterally. nounced policy of January 6, 2009, and What Brazil, Argentina and Uruguay American way. under a previous order of the House, did, I think, has set back rather than the following Members will be recog- f enhanced the negotiations for a two- nized for 5 minutes each. state solution, which I support. This is PASS DREAM ACT f something that was wrong and that The SPEAKER pro tempore. Under a (Ms. JACKSON LEE of Texas asked should be condemned. It gives the Pal- previous order of the House, the gen- and was given permission to address estinians no incentive to sit down and tleman from Texas (Mr. POE) is recog- the House for 1 minute.) talk with Israel and bargain in good nized for 5 minutes. Ms. JACKSON LEE of Texas. Mr. faith. Speaker, before I start, I would like to (Mr. POE of Texas addressed the express my deepest sympathy to the f House. His remarks will appear here- family of Elizabeth Edwards, who A GDP SPENDING CAP after in the Extensions of Remarks.) passed today, a woman who I got to (Mr. KINGSTON asked and was given f know and who I admire greatly. I wish permission to address the House for 1 IRAQ, AFGHANISTAN AND NO for her family loving memories, and I minute and to revise and extend his re- DEFINITION OF ‘‘VICTORY’’ offer publicly my deepest sympathies. marks.) Mr. Speaker, I rise today to remind Mr. KINGSTON. Mr. Speaker, most The SPEAKER pro tempore. Under a Members of what opportunity means in Americans are looking at the events in previous order of the House, the gen- this country. Opportunity is focused in Ireland, Spain and Greece with interest tleman from North Carolina (Mr. many ways: equality and justice, First and horror when we look at how they JONES) is recognized for 5 minutes. Amendment rights, that you can find are grappling with the problem of their Mr. JONES. Mr. Speaker, I have to in the Constitution in some way. But national debts. Yet, at the same time, my side the faces of marines who have education is also an opportunity and a the United States of America has a given their lives for this country. They right in this country. debt which is 96 percent of GDP. Our are from Camp Lejeune, which is in the I rise today to support the DREAM spending level is about 24 percent of district I represent. These are the faces Act so that millions of children who’ve GDP. of those young men and women who lived in this country, speak the lan- Now, most States around the country gave their lives for this country. guage, many of them served in the have balanced budget amendments I come to the floor today because I United States military, who are seek- which keep them from going in the red. join the American people. I am very ing a simple education can do so and What a different picture it would be if concerned about committing our then, in turn, invest some $1 trillion in our national government had a bal- troops to 4 more years in Afghanistan. contributions to America. anced budget amendment. There is an- Afghanistan is a vast country. It has I speak today in tribute to Ms. Mar- other thing we could do, though, and never been a nation. It doesn’t have a tinez, who is on a 28-day hunger strike, that would be to modernize the government, and we are trying to build from San Antonio, Texas. Ms. Mar- Gramm-Rudman-Hollings Act, which a government in Afghanistan. I want to tinez, I hope, in your name, that we calls for deficit reduction targets. share just a couple of comments. This will pass the DREAM Act, because you I think, however, it would be better is from The Washington Examiner. have been willing to sacrifice. We to have a spending cap tied into GDP It reads: ‘‘Catch-and-Release of should pass the DREAM Act. at approximately 18 percent, which Taliban fighters in Afghanistan angers would, year after year, give Congress a troops.’’ f target. If we were to fail to meet that ‘‘More than 500 suspected Taliban ANNOUNCEMENT BY THE SPEAKER target, then it would have an auto- fighters detained by United States PRO TEMPORE matic trigger of across-the-board cuts forces have been released from custody at the urging of Afghan Government The SPEAKER pro tempore. All so that we could get to the right level officials, angering both American Members are reminded that Members of spending. We do not want to have troops and some Afghans who oppose should address their remarks to the the same problems as Greece, Ireland the policy on the grounds that many of Chair and not to the television audi- and Spain. those released return to the battlefield ence. f to kill NATO soldiers and Afghan civil- f MAKE THE DREAM ACT A ians.’’ b 1900 REALITY Recently, on November 28 of this (Mr. HONDA asked and was given year, there was a ‘‘60 Minutes’’ seg- A SETBACK FOR A PALESTINIAN permission to address the House for 1 ment by Anderson Cooper. It was called STATE minute.) ‘‘Good Cop, Bad Cop: Afghanistan’s Na- (Mr. ENGEL asked and was given Mr. HONDA. Mr. Speaker, as chair of tional Police.’’ I want to read just a permission to address the House for 1 the Congressional Asian Pacific Amer- couple of excerpts from this:

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.095 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8071 ‘‘While the Afghan Army has made money—and more important than tion than those little plates that hang some strides in recent years, the na- money is the blood of the American off of a soldier’s neck. tional police force has developed a rep- soldier and marine and serviceman An American company, NewBold, utation for drug abuse, illiteracy and that is dying for this country. which manufactures its dog tag ma- desertion.’’ So with that, Mr. Speaker, I will, as chines in Virginia, lost its bid to a ‘‘Earlier this month, The New York I always do, I will ask God to please company that manufactures those ma- Times reported that up to 19 Afghan bless our men and women in uniform, chines in Italy. Now while the NewBold police officers from southwest of Kabul to please bless the families of our men machine was marginally—only about 4 defected to the Taliban en masse, tak- and women in uniform, to bless the percent—more expensive, they offered ing their guns with them and burning families who have given a child dying around-the-clock technical support for down their own station house.’’ for freedom in Afghanistan and Iraq, our soldiers in the field. Even after Just another part from that ‘‘60 Min- and I will ask God to please bless the they filed a protest, the Army still utes’’: House and Senate, that we will do what awarded the bid to workers in Italy. ‘‘What is certain is that the United is right in the eyes of God. And I will Unfortunately, due to the loss of this States has spent 9 years and more than ask God to please give wisdom, contract, NewBold is going to have to $7 billion building and training the Af- strength and courage to President lay off some people, and the 4.7 percent ghan police force. ‘‘60 Minutes’’ wanted Obama, that he will do what is right in that we saved is going to be completely to find out what has become of that in- the eyes of God for today and tomor- offset by all of the lost income taxes to vestment.’’ row’s generation. the Federal Government due to the I am going to paraphrase very quick- f layoffs, the lost payroll taxes, and all ly: of the increased social costs like unem- NEWBOLD-BUY AMERICAN There has been very little success. ployment compensation. This is insan- The Afghan police are still 9 years be- The SPEAKER pro tempore. Under a ity. Not only are we now relying on an hind in training, and we have already previous order of the House, the gen- Italian-made machine to make one of spent 9 years training them. I don’t tleman from Connecticut (Mr. MURPHY) the most iconic pieces of our military know how that adds up to anything is recognized for 5 minutes. uniform—all to save just a few thou- positive. Mr. MURPHY of Connecticut. Mr. sand dollars on the contract—but it is I am going to save some of the other Speaker, the more I learn about the now going to cost the U.S. economy comments from the ‘‘60 Minutes’’ seg- Department of Defense’s procurement jobs, and it is going to cost the U.S. ment to use later on this week and to policies and the procurement policies taxpayers additional expense. We can’t use, certainly, next year when we come of other agencies, the more angry I get, allow this to continue, Mr. Speaker back. the more angry this Congress should and my colleagues. Mr. Speaker, I have signed over 9,747 get, and the more angry the American For the last year, I have been work- letters to families and extended fami- citizenry should get. ing with a bipartisan group of Mem- lies who have lost loved ones in the In my home State of Connecticut, we bers, including the previous speaker, wars in Iraq and Afghanistan. I do that pioneered America’s shipbuilding and Congressman JONES from North Caro- every weekend so I can be reminded of aerospace industries. However, today, lina, so that we can shore up the loop- my mistake of voting to give President as more and more of U.S. taxpayer dol- holes in our ‘‘Buy American’’ policies, Bush the authority to go into Iraq—a lars go overseas to buy equipment and so that we can make sure that more of war we never had to fight. It was ma- parts and machinery for the U.S. mili- our U.S. taxpayer dollars stay here at nipulated by those within the adminis- tary, those shops, once bustling with home. I have introduced legislation tration, and it never had to be; and, workers, are now silent. that will do just that, that will begin yes, we lost young men and women in We have example after example of to reorient our money here to Amer- that battle. how our procurement policy has gone ican-made products for our U.S. mili- On Afghanistan, I have joined my wrong. You have the big-ticket, high- tary. colleagues on both the Democratic side profile examples, like the Air Force I’ve had enough. This country has and the Republican side to ask: What is KC-x Tanker which went to Airbus had enough. As we bleed manufac- the end point? What is the definition of rather than to an American-based bid. turing jobs out of this country, the ‘‘victory’’? What are we trying to You have the 21 helicopters that we are U.S. Government cannot continue to achieve? You can never get a straight supplying to the Afghan military today exacerbate that problem by sending answer. I don’t care who gives you an that we are buying—not from an Amer- U.S. taxpayer dollars overseas. It’s answer; you don’t know what the end ican manufacturer but from a Russian time for this Congress to deem this point is. manufacturer. And then you have the practice unacceptable, to strengthen So there we are, spending $6 billion, thousands and thousands of smaller ex- the ‘‘Buy American’’ provisions, and to $7 billion a month in Afghanistan, but amples on seemingly a daily basis in bring our taxpayer dollars back home. we can’t fix the streets in America. We which American companies come up f can’t build schools in America; yet we short. When we buy Chinese-made The SPEAKER pro tempore. Under a have borrowed that $6 billion, $7 billion doorknobs for the renovations at Camp previous order of the House, the gentle- from our Chinese friends. We owe them Pendleton when there is an American woman from Florida (Ms. ROS- the money while we spend it in a for- company that can do the same work, LEHTINEN) is recognized for 5 minutes. eign country, and we can’t even take when we buy our copper and nickel (Ms. ROS-LEHTINEN addressed the care of our own people. tubing for our subs from a German manufacturer, when there is an Amer- House. Her remarks will appear here- b 1910 ican firm that can do the same work, after in the Extensions of Remarks.) So, Mr. Speaker, again, the faces of we are wasting billions and billions of f these young marines—and they could American dollars sending our jobs be soldiers, they could be airmen, they overseas. WESTERN SAHARA could be Navy, but these young ma- I am here today, Mr. Speaker, to talk The SPEAKER pro tempore. Under a rines who died at 20 and 21, the only about the latest affront on this issue. previous order of the House, the gen- thing their parents can do in the years The Army, last month, offered a solici- tleman from Florida (Mr. LINCOLN ahead, or their loved ones, is to show tation for 96 machines that will make DIAZ-BALART) is recognized for 5 min- the face of a 21-year-old marine that dog tags for our service men and utes. died at 21 and will always be seen as a women. These iconic placards are not Mr. LINCOLN DIAZ-BALART of young man who gave his life for this only a symbol of the life and death Florida. Mr. Speaker, in recent weeks, country. faced by our American soldiers, but we have seen the issue of the Western It’s time for this Congress to come they serve a crucial function in the Sahara receive a great deal of coverage together and say to President Obama, field. Frankly, there is little else that in the world press. Unfortunately, the We don’t need 4 more years of spending embodies the American military tradi- press coverage has often been biased; in

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.100 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8072 CONGRESSIONAL RECORD — HOUSE December 7, 2010 fact, I’ve seen cynical attempts at pur- b 1920 tional fair trade equivalent would be a poseful disinformation. U.S.-KOREA FREE TRADE total of 113,000 cars from our country I think it’s important that we re- AGREEMENT sold in Korea—not 7,000, 113,000. That member history. Let’s not forget that would require a 1,514 percent increase while the Sahara was under Spanish The SPEAKER pro tempore. Under a in the number of American vehicles colonial rule, only Morocco laid claim previous order of the House, the gentle- sold in Korea. Why wouldn’t we wait to that territory as its own. The King- woman from Florida (Ms. KAPTUR) is for them to open their market to our dom of Morocco repeatedly claimed the recognized for 5 minutes. goods before we give away the store Western Sahara and demanded the end Ms. KAPTUR. Mr. Speaker, please again? Instead, the proposed solution of Spanish colonial rule. It was only allow me to explain what happens when in the auto sector—and this is written when Morocco’s efforts at recovering flawed free trade agreements are im- in the agreement—says, our three auto the Sahara from Spanish colonialism plemented and outsource more U.S. companies can expect to export 25,000 under the leadership of King Hassan II jobs. vehicles each, so it’s 75,000 total, into began to be seen as making serious Our Nation has not had balanced their market—which is certainly better progress in the 1970s that the so-called trade accounts for over 25 years. In than the current 7,000—but it accepts Polisario Front came into being. Then, fact, every time we sign one of these no limits on the amount of Korean cars as now, the so-called Polisario group is so-called free trade agreements, we that can be sold into our market. But financed by Algeria and is propped up lose more and more jobs in our coun- there are limits imposed on U.S. vehi- by Castro’s Communist dictatorship in try. In its attempt to move forward the cle sales to Korea. How is that bal- Cuba. George W. Bush-negotiated U.S.-Korea anced? How is that fair? Why is it important to understand Free Trade Agreement, it appears the This is neither fair trade, nor is it re- this? Because in Morocco, our ally in Obama negotiators may have forgotten ciprocal. It is a managed trade arrange- North Africa in the struggle against the real costs of so-called free trade. ment that accepts an inferior position international terrorism, the issue of With Korea, it has been more than a for U.S. producers. And why do we do the Sahara is the decisive issue. The dozen years already since the United that when our economy is hurting so reality of Moroccan sovereignty over States held a trade surplus with Korea. very much? And it’s not just in autos. the Sahara enjoys the support of the We’re already in the red. In 1997, Amer- It’s in beef. It’s in electronics and entire population of Morocco, includ- ica actually held a small trade surplus every single category. ing the Sahara itself. In other words, with Korea of a little over $1 billion. In order for the United States to the issue of the Sahara is the sine qua Since then, we’ve accumulated $161 bil- have a square deal with Korea, this is non, the necessary ingredient for sta- lion worth of trade debt, and that is in what should be in the agreement: We bility and peace in that country of the red. That translates into lost jobs, should eliminate tariffs in both coun- strategic importance in North Africa, lost opportunity in our country. Using tries. We should make certain that dis- our friend and ally, Morocco. the Department of Commerce’s esti- criminatory nontariff barriers are im- King Mohammed VI and his negoti- mate that each billion dollars of trade ating team have demonstrated great mediately eliminated by both nations, deficit costs us 14,000 jobs, our trade not gradually implemented over time. courage and patience in dealing with deficit already accumulated with this critical issue so closely tied to the We should include provisions to redress Korea has cost us over 2 million Amer- Korea’s discriminatory value-added security of the entire region. Let us ican jobs. And everybody knows we’re never forget that a make-believe, an il- tax. We should contain mechanisms short over 20 million jobs in our coun- that will prevent an offset currency lusory, a fake microstate in Northern try. Africa would be led by a Castro-Cuban- manipulation and, as well, eliminate The proposed new Korea Free Trade provisions that weaken trade remedy formed political class which would con- Agreement will make our markets stitute a minority of the population laws. This deal does none of that. more open to Korean industries but The United States can ill afford to even within the fake microstate, but does not do enough to open Korean would control it through Castro-style continue job-killing trade policies. We markets to our products. Every time repression. Let us never forget that should embrace the old adage that, in the United States imports more than such a microstate would serve as a fact, George Bush once used, ‘‘Fool me we export, it leaves us with higher focal point of regional instability and once, shame on you. Fool me twice, trade deficits and more lost jobs. This destabilization, as well as an exporter shame on me.’’ Well, Congress cannot NAFTA-inspired Korean free trade of terrorism. allow the American people to be fooled For over a decade, Mr. Speaker, Mo- agreement will lead to just that, even again by the false promise of the so- rocco has agreed to grant a genuine higher trade deficits and lost jobs here called free trade agreements. When and profound autonomy to the Sahara with Korea. have we heard that before? under Moroccan sovereignty in order to Since NAFTA passed in 1994, more The U.S.-Korea free trade agreement reach a realistic and definitive solution than 3 million American manufac- should not be ratified until changes are to this problem, but Algeria and the so- turing jobs have been lost to Mexico made to make it truly free, truly fair, called Polisario continue to insist on and Canada. In fact, the Economic Pol- and truly reciprocal based on results, the creation of a fake microstate. icy Institute estimates that a trade not dreams. Then we would hold prom- Majorities in this Congress com- deficit between NAFTA countries alone ise to create jobs again in our Nation prising both Republicans and Demo- could have led to 1 million additional as well as in South Korea and Asia in crats have spoken clearly in support of manufacturing jobs here in our coun- general. But why should the United our ally Morocco’s position on this try. Why would a NAFTA-inspired free States keep coming up with these critical issue in letters we have sent, trade agreement like the Korean deal agreements that make us second class first to President Bush, and then to yield different results? It won’t. The and that hollows out our middle class? President Obama. The United States, Economic Policy Institute projects Let me say in closing this evening, as during both administrations and with 159,000 more jobs will be lost if this did Congresswoman SHEILA JACKSON the strong leadership of Secretary of deal is put forward, and the Inter- LEE, the people of our region in north- State Rice and Secretary of State Clin- national Trade Commission projects ern Ohio—in fact, our whole Buckeye ton, has agreed with the position ex- increases to our trade deficit with State—wish to offer deepest condo- pressed by the overwhelming majority Korea. How can this be a pathway to lences in the death of Elizabeth Ed- of this Congress. economic growth in our country? wards. Her passing truly takes from The future of America’s struggle Just in the automotive sector in 2009, the horizon one of the bright stars in against international terrorism and Korea sold 700,000 of their cars in the our country. I met many people in my the stability of Northern Africa require American market, compared to sales of political life. And I can tell you, her in- that the Government and the Congress U.S. cars there of 7,000. Just a smid- telligence, her humility, her kindness of the United States continue to stand geon. Acknowledging that Korea’s pop- are values that I know her children and firmly and clearly with our friend and ulation is about one-sixth of the popu- her family will long cherish. And we ally, the Kingdom of Morocco. lation of the United States, a propor- send our deepest sympathy to them, to

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.103 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8073 the people of her State, and all those bipartisan congressional majority, vet- minutes as the designee of the minor- who had the great privilege of knowing erans groups, not to mention most of ity leader. her. the American people all support repeal. Mr. GINGREY of Georgia. Mr. Speak- f And now we know from the Pentagon er, thank you for your patience as we tried to get our act together here this The SPEAKER pro tempore. Under a report that 92 percent of servicemem- evening, not realizing of course that previous order of the House, the gen- bers say the presence of a gay person would not affect their unit’s ability to here it is almost Christmastime, that tleman from California (Mr. SHERMAN) our pages have all gone home. It re- is recognized for 5 minutes. work together. And that last fact real- minds me of what a great, great job (Mr. SHERMAN addressed the House. ly shouldn’t be surprising. I don’t these young men and women do for the His remarks will appear hereafter in imagine that every single member of Members in so many ways, not the the Extensions of Remarks.) our Armed Forces is unambiguously enthusiastic about changing the policy, least of which is of course helping dur- f but I don’t think every single member ing these Special Order hours. But, Mr. THE NATION IS READY FOR IT: of our armed services is unambiguously Speaker, thank you for your patience. REPEAL ‘‘DON’T ASK, DON’T enthusiastic about the meal they were I want to of course thank my leader- TELL’’ NOW served last night or this morning. ship on the Republican side for allow- ing me and my colleagues in the House The SPEAKER pro tempore. Under a b 1930 GOP Doctors Caucus to lead this Spe- previous order of the House, the gentle- My point is these men and women are cial Order for the next hour. And we woman from California (Ms. WOOLSEY) dedicated professionals. They are are going to do that, Mr. Speaker, on is recognized for 5 minutes. sworn to protect the Nation. They fol- health care and on the recently Ms. WOOLSEY. Mr. Speaker, 69 years low orders and do their jobs as they did passed—I say ‘‘recently’’; 10 months ago today, the U.S. naval base at Pearl during the desegregation of the mili- ago, March of this year—the passage of Harbor was attacked. In the epic 4-year tary. And they do this without regard ObamaCare, now, I know, formally re- war that followed, millions of Ameri- to their personal values. ferred to as the Patient Protection and cans served with honor and courage, We can do this. We must do it. It will Affordable Care Act. and more than 400,000 lost their lives. I be far less daunting than President But this is a piece of legislation, Mr. can assure you, Mr. Speaker, that Truman’s desegregation of the mili- Speaker, that the American people, at many of them were gay. tary. The Nation was far more racist in the 60 percent plurality level, opposed Nearly seven decades later, it appears 1946 than it is homophobic in the year and have remained here 10 months we are finally prepared to acknowledge 2010. later, as certainly was seen in the re- publicly what we have known for so It’s time to repeal, Mr. Speaker, sults of the election on November 2. long: That gay and lesbian Americans Don’t Ask, Don’t Tell. The Nation is The American people felt that this was have been part of the military, making ready for it. The military can handle something that was forced upon them invaluable contributions to our Na- it. Justice demands it. against their wishes, although they tion’s security, for as long as there has f had a 2-year period of time to let not been a Nation to secure. We appear to just our Democratic majority and The SPEAKER pro tempore. Under a be finally on the cusp of repealing the President Obama, but every Member of previous order of the House, the gen- Don’t Ask, Don’t Tell policy that has Congress in both the House and the tleman from New Jersey (Mr. GARRETT) asked those who wear the uniform to Senate understand not only that they is recognized for 5 minutes. lie about their very identities as a pre- were opposed to this bill but why they (Mr. GARRETT of New Jersey ad- condition of their service. As if we were opposed to it. dressed the House. His remarks will ap- don’t ask enough of them already. And, in fact, during this campaign, pear hereafter in the Extensions of Re- Those who have continued to back our Republican Party made a pledge to marks.) this dreadful policy said earlier this America on many things, not the least year that they wanted to see the re- f of which, of course, was to repeal this sults of the Pentagon review before re- The SPEAKER pro tempore. Under a bill, this 2,400-page monstrosity that considering their position. Well, that previous order of the House, the gen- has done hardly any of the things that sober and empirical review was re- tleman from Oregon (Mr. DEFAZIO) is President Obama had hoped, wished, leased last week, and it quite clearly recognized for 5 minutes. promised that it would effect. So we concluded that repealing the policy (Mr. DEFAZIO addressed the House. said to the American people, you give would have minimal impact on mili- His remarks will appear hereafter in us an opportunity, you give us an op- tary readiness or cohesion. But guess the Extensions of Remarks.) portunity to elect, to choose, to have what, Mr. Speaker, that wasn’t enough f John Boehner as the next Speaker of for the small minority of Don’t Ask, The SPEAKER pro tempore. Under a the House and give the Republicans an Don’t Tell supporters. Clinging to a previous order of the House, the gen- opportunity to lead, that we will repeal fringe, reactionary, extremist position, tleman from Indiana (Mr. BURTON) is this bill. they are unmoved by the Pentagon’s recognized for 5 minutes. So, Mr. Speaker, this evening I am findings. They say repeal would be pre- (Mr. BURTON of Indiana addressed very proud, as the cochairman with my mature, that to do anything but main- the House. His remarks will appear colleague from Pennsylvania, Dr. TIM tain the discriminatory status quo hereafter in the Extensions of Re- MURPHY, to chair the House GOP Doc- would be an irresponsible rush to judg- marks.) tors Caucus. There are about 11 current ment. active members. That includes medical A rush to judgment? Gay soldiers f doctors, psychologists, dentists, people have been forced into the closet for the The SPEAKER pro tempore. Under a that were involved in health care be- entirety of American history. How previous order of the House, the gen- fore they came to this body as a profes- much longer do we need to wait for tleman from Florida (Mr. GRAYSON) is sion. And I am telling you, I think fundamental fairness and equal treat- recognized for 5 minutes. most of our colleagues know, Mr. ment? How much longer must we en- (Mr. GRAYSON addressed the House. Speaker, that the number of years of dure a policy damaging our national His remarks will appear hereafter in clinical experience among this group is security and hostile to American val- the Extensions of Remarks.) something like 350 years. Several of us ues? f have got a little gray hair around the Repeal of Don’t Ask, Don’t Tell is temples. anything but premature. It’s long over- GOP DOCTORS CAUCUS But I think we have served a great due. Repealing Don’t Ask, Don’t Tell is The SPEAKER pro tempore. Under purpose for our colleagues on both also overwhelmingly popular. The the Speaker’s announced policy of Jan- sides of the aisle to make sure that ev- President of the United States, the uary 6, 2009, the gentleman from Geor- eryone understands from a health care chairman of the Joint Chiefs of Staff, a gia (Mr. GINGREY) is recognized for 60 perspective what this bill has done, the

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.104 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8074 CONGRESSIONAL RECORD — HOUSE December 7, 2010 harmful effect that it’s had—harmful tives, we will succeed in doing that and of reviving our economy, 9.8 percent effect on individuals, harmful effect on fulfill our pledge to America and make unemployment. the practice and profession of medi- every effort to do the same thing in the And as I travel around the country, cine, harmful effect on companies Senate, although we know that we and particularly in my district, there across this country. We will talk about don’t have the votes. But maybe we are three main reasons for that given that tonight, the burden that is placed can persuade some of our Democratic to me by employers. ‘‘Why aren’t you on small business men and women try- colleagues, especially some of those hiring people?’’ and this is what they ing to abide by these provisions of that are up for reelection in 2012, Mr. tell me. ObamaCare. Last but not least, of Speaker, to understand finally, at long Number one, our tax situation is so course, Mr. Speaker, the harmful ef- last, what the American people said on uncertain, we don’t know what to ex- fects that it’s had on the entire Nation November 2. pect, and hopefully soon we are going in regard to our economy, the lack of to put certainty back into our tax pol- b 1940 recovery, the joblessness rate. icy by not raising taxes a single dime The unemployment numbers came Then, of course, the hurdle of getting on any individual in this country. out just this past November, 9.8 per- a bill passed, a repeal bill passed, by Number two, they tell me that banks cent, creeping a little higher, not get- President Obama. He has the veto pen, are just not lending money. There are ting better, despite a trillion dollar there is no question about that. many reasons for that. We are not stimulus package, which hasn’t saved But, you know, hope springs eternal. going to get into that tonight, but the jobs. But this bill, and the reason we I think the negotiations with the Re- bottom line is credit is not available to were so opposed to its passage even 2 publican leaders a couple of days ago in businesses. years ago when it was first introduced regard to keeping the tax rates the Then, finally, and I think most im- in the Energy and Commerce Com- same for every American taxpayer for portantly, is the ObamaCare. mittee in the House, was Members on the next 2 years sheds a little light on ObamaCare has thrown such a monkey our side of the aisle understood very maybe the President’s attitude of wrench into the machinery of the econ- clearly that the number one priority working with the heretofore minority omy of this country, creating such un- for this country was to put people back and soon-to-be majority in the House certainty and difficulty of planning, to work, to jump-start this economy. and kind of moderate his stance on that employers are just frozen with And yet we spent literally 2 years, some of these things. Because, as the fear. We know that as soon as it was these first 2 years of President Obama’s President himself said, Mr. Speaker, passed, immediately, companies began administration, on passing—trying to elections have consequences. And this to come out and talk about how it was pass an energy bill. Thank God, Mr. election on November 2 certainly would going to immediately eat into their Speaker, in my perspective, it did not tell President Obama that people do earnings. We get continuous reports of pass, the so-called ominous cap-and- not like this bill and they want it re- how the premiums are going to go up trade, which would have increased the pealed. for the employees as well as the em- energy costs for every family in this So maybe he won’t veto. But in the ployers, all things that were guaran- country approximately $3,000 a year. likely event that either we are not able teed to us by the President would not Thank goodness this bill, after passing to get the bill of repeal passed through happen. in the House, became bogged down in the Senate, or if we do, that President But I will just give you a quick story. the Senate. And hopefully, it will re- Obama, indeed, would use his veto pen, I spoke to a gentleman who owns a main there quietly dying. then, of course, the options that we small company in my district. The But unfortunately, ObamaCare did have are a couple that I want to talk name of it is Explo, and they have a pass, and the economy is no better. We about. I know my colleagues will get very unique kind of business. What just got our priorities a little bit back- into that as well. they do is they have the responsibility wards. But I am pleased to say that a But there are so many provisions in to take that explosive charge that’s couple of our colleagues in the GOP this bill that we will have the oppor- normally used in a cannon that has, for Doctors Caucus, House GOP Doctors tunity in this House to defund, to abso- some reason, grown too old and no Caucus are with me tonight to discuss lutely pull the plug on some of this longer useable, they actually recycle this issue: Congressman JOHN FLEMING, spending so that this bill will not go that. They tear it down and they take a family doctor from Shreveport, Lou- forward. And, again, in the meantime, the various parts. And, of course, it is isiana, and Congressman PAUL BROUN, there are a number of parts of the bill an explosive, so they do have some risk my colleague from Georgia, also a fam- that we will have individual pieces of in all of this. They have a 5-year con- ily practice doctor. I will call on them. legislation that will strip that away. tract to dismantle thousands, tens of I am going to defer to them as much And these are the things, Mr. Speaker, thousands, hundreds of thousands of time as they want to take, Mr. Speak- that we will be talking about tonight. these explosive charges that actually er. I would like, at this time, to call on propel the shell from the cannon to go We will basically have a colloquy and my colleague from Louisiana, Rep- to its destination. talk about some of these issues tonight resentative JOHN FLEMING. And he said, you know, I have got a in regard to ObamaCare and what we Mr. FLEMING. Well, I thank the gen- good contract. I don’t have a big mar- Republicans, the new Republican ma- tleman, Dr. GINGREY, and, of course, gin, but I do have a margin that I can jority in the next Congress, the 112th Dr. PAULX BROUN, my other colleague make profit. But he said, You know Congress, have pledged to the Amer- who is here tonight, both gentlemen what? With ObamaCare, that margin is ican people that we will do. Our pledge from Georgia. I want to thank you both totally wiped out. If I stay in business, was to repeal this bill. And first and and state my appreciation for your I am likely to go out of the business foremost, we are going to make every leadership and for holding these Spe- and go bankrupt. effort to be faithful to our pledge and cial Orders. So just that uncertainty, just that to try to repeal this bill. Under- You know, we did a ton of these Spe- one little factor can make the dif- standing, of course, and I think the cial Orders back here in the health care ference in a company from maybe American people do understand this, debate, and I’ve got a feeling we are $100,000, $200,000 a year profit to losing that President Obama is the President, going to be doing a bunch more. Be- $200,000 or $300,000, which a small busi- and he will be President for the next 2 cause, in my opinion, my humble opin- ness owner can do maybe 1 year, maybe years. The Democrats do have a con- ion—I am just ending my first term up 2 years. Maybe he can borrow money to tinuing majority in the United States here—but I have a feeling that the get by. Senate, and they will have for the next health care debate has just begun, that But this is the reality that faces 2 years. this thing is far from over. Americans around the country, 700,000 So while we feel very confident that As a preface to my discussion about small businesses, when you enter this we can lead the charge, the House GOP health care, I want to point out and re- unknown about ObamaCare, and it just Doctors Caucus lead the effort of repeal mind everyone, certainly, Mr. Speaker, simply freezes the businessman. So I in this body, the House of Representa- the fact that we are in desperate need can say FDR, President Roosevelt, had

VerDate Mar 15 2010 03:24 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.112 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8075 it right when talking about the Great tive of our leadership to try to point credit for it. I’m concerned about pol- Depression that the only thing we have out some of these things and say, gosh, icy, not whose name’s on the bill. And to fear is fear itself. you know, that really makes no sense they could take credit for it. Right now, small businesses, busi- at all to say that we need to cut pay- Mr. GINGREY of Georgia. If the gen- nesses across the land are in desperate roll taxes and we’re going to do it on tleman will yield? fear. They are afraid to make those Social Security for the next year for Mr. BROUN of Georgia. Yes, I will. valuable investments because they just everybody. No matter what their in- If you would call attention to that don’t know what next week, next come might be, we’re going to cut it by poster because I think that our col- month, next year is going to be like. I a third, in fact. leagues need to focus in on that. would say that the largest cause of this And then on this bill to raise the Mr. BROUN of Georgia. Absolutely. is health care, the health care reform. Medicare taxation 3.7 percent, it In fact, I was going to do that. I appre- So just to kind of reiterate that doesn’t make a lot of sense—as a lot of ciate my colleague, Dr. GINGREY, for again, Mr. Speaker, we have three things about this bill don’t make a lot reminding me. things that businesses identify as road- of sense. I have a poster here with these four blocks to success and to hiring. One is Before I call on Dr. BROUN again, I commonsense solutions. And actually I lack of credit, number 2 is uncertainty want my colleagues to look at the introduced the bill when my Demo- about taxation, and health care reform. easel to my left, to your right, on the cratic colleagues wouldn’t take up my We are about to tackle the taxes. I number one priority, as I mentioned at offer to introduce it after ObamaCare think the banks are going to be turn- the outset, our Republican priority and was actually passed into law. ing the credit around. So that one our Pledge to America is to repeal and I introduced the bill that does actu- thing we have ahead of us is replace ObamaCare. ally five things. It repeals ObamaCare ObamaCare, which is, I think, a big Now, on this second slide, and I and puts in place these four common- stumbling block to recovery. talked a little bit about that—and we’ll sense solutions. It’s not a comprehen- I join with my colleagues this sive bill because it doesn’t really deal evening calling for a repeal to get into that as the hour progresses— with Medicare and the problems that ObamaCare and a return to common- but priority number two, in the event we have with that or Medicaid, and sense reform methods, which we will do that we’re not able to repeal because we’ll mention that in a minute or two. with piecemeal legislation one step at we just don’t have the votes or that But the four things are to allow all a time, incremental reform, testing President Obama uses bad judgment individuals to deduct 100 percent of and listening to the American people, and vetoes our repeal bill, we’re going their health care costs—including the to what they want, rather than forcing to have the opportunity—and Dr. it down the throats of those who have BROUN will talk about this—to defund cost of the insurance—off the income to pay for this thing. certain provisions in this bill. taxes. This in itself would change the Mr. GINGREY of Georgia. Dr. FLEM- And with that, I’ll yield to my col- dynamics of health care for everybody ING, thank you for being with us this league from Athens, Georgia, and my in this country. In fact, this eventually evening. great friend, Dr. PAUL BROUN. would take care of the problems that Before I defer to my colleague from Mr. BROUN of Georgia. I greatly ap- we as physicians have with managed Georgia, Dr. PAUL BROUN, I just wanted preciate you yielding, and I appreciate care because it would put patients in to mention something, Mr. Speaker, you doing this tonight so that we can control of their health care decisions that Congressman FLEMING just said in inform the American public about how but allow everybody to deduct all their regard to the taxes, the tax situation bad this bill is and what the Repub- health care costs. that we have and hopefully the com- licans are going to try to do in this Second thing it would do is it would promise, obviously, the compromise next Congress. strengthen and expand new avenues for worked out between President Obama, We heard all during the discussion on affordable health care for sick Ameri- his administration, and the Republican ObamaCare as well as through the last cans through high-risk pools that are leadership in the House and the Senate. two Congresses since I’ve been here— set up on a Statewide basis. There are All of that has to be approved, Mr. I’m finishing up my second term—that several States like Colorado that have Speaker, as you know, by the entire Republicans are the party of ‘‘no.’’ We already done this very successfully. Senate and by this entire House before are the party of k-n-o-w because we Multiple States have already done so. it becomes law. I hope that we will be know how to lower the costs of health We would stimulate that. able to do that before we leave here for care. And we can do it in a bipartisan The third thing it would do, as the any kind of a break, even a Christmas manner. chart right here says, it would expand break. And in fact, during the discussions choice and competition by allowing But as part of that compromise, about ObamaCare, I challenged indi- consumers to shop for health care in- there is to be this cut in the payroll vidual Democrats to introduce a bill, surance across State lines. Now, I’m an tax for a full year to literally cut the that I would give them the legislative original intent Constitutionalist. The employee portion of the Social Secu- language, all they had to do was write Commerce Clause is one of the clauses rity payroll tax from 6.2 percent down their name in a blank, introduce it, that’s been perverted so much to allow to 4.2 percent. I think, Mr. Speaker, and it would be a Democratic bill. They the great expansion of the size and that’s a good thing, just as keeping the could call it ObamaCare. And I was scope of government. The Commerce tax rates that currently exist, and have told by Democrats over and over again Clause is actually supposed to expand for almost the last 10 years, to keep that this makes a whole lot more commerce, not to control it. And it is them all in place, not to raise any, es- sense, Paul, what you’re proposing here to allow people to shop for all goods pecially not on the job creators, the than this ObamaCare bill that we dealt and services across State lines. small business men and women, the so- with here in the House, the Pelosi So by the original intent of the Com- called rich. original bill, and the one we finally merce Clause, we’re just doing exactly But the ironic thing about this, my the opposite. And when States lock up colleagues, is in this bill, Patient Pro- passed that came from the Senate. And in fact, two colleagues on our tection and Affordable Care Act, the insurance pools just within their side, Republicans JOHN SHADEGG from ObamaCare, it called for raising the State borders, they’re actually doing payroll tax, for raising the payroll tax Arizona and Congressman CHARLIE an unconstitutional control of com- on Medicare for anybody that makes DENT from Pennsylvania, and I wrote merce. above a certain dollar amount of in- an op-ed that was published in The And the fourth thing: Just create as- come, by 3.7 percent. That is going into Washington Times newspaper chal- sociation pools so anybody in this effect right now, by 3.7 percent, to in- lenging Democrats to introduce the country could join a huge pool. And crease the payroll tax. bill. And it would do four things, com- this would allow people to buy insur- monsense solutions, that I told the ance at a much lower cost than they b 1950 Democrats individually if they would have today. And it would actually And that’s why, Mr. Speaker, we’re introduce the bill, it could be their bill, allow people who not only cannot af- here on the floor tonight as representa- a Democratic bill; they could take ford to buy health insurance but those

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.114 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8076 CONGRESSIONAL RECORD — HOUSE December 7, 2010 people who have preexisting conditions change in the IRS Code—of course this for sex change operations or hair trans- to be in association pools so that they would have to come through the House plants and a whole lot of other things. actually could buy health insurance at Ways and Means Committee—but what Everybody in that pool has to pay, an affordable rate. a novel and a great idea that he and whether they want a sex change oper- And these four commonsense solu- Mr. SHADEGG and Mr. DENT have pro- ation or hair transplant or maternity tions have been introduced—I intro- posed during this Congress. benefits, and that drives the cost up for duced the bill—to repeal ObamaCare b 2000 everybody. The across-State-lines pur- and to do these four things. And I’ll be chasing and the association pools will introducing this same bill in the next I am refreshed to know that Dr. help stop that. Congress. BROUN will introduce this bill in the We have managed care today because The bottom line is the Republicans 112th Congress, but the point he was the employers want to have some finite are the party of k-n-o-w. We know how making is not only that bullet point, amount of money for their own budg- to lower the costs of health care. We, Mr. Speaker, but on his poster, the eting process so they know what they as physicians, have been dealing with three others with regard to purchasing are dealing with in their business so all of these problems like our pa- health insurance across State lines for they go and buy managed care policies tients—particularly us, like Dr. FLEM- an individual, for a group of individuals for their employees so they have some ING and I in family medicine, we deal sometimes referred to as an associa- finite number, and it is not just a with the insurance company. We try to tion, to be able to avoid, Mr. Speaker, blank check. find our patients good, quality care at the mandates that so many States That makes sense from a business the lowest price, which includes trying have passed in regard to what a health perspective, but it doesn’t make sense to find them insurance, medicines, all insurance policy has to cover. for a lot of the employees who want to health care products at the lowest Every time you add a little mandate, be able to choose their doctor and they prices—it’s what we do as family doc- a little test here, a little test there, want to be able to go to the hospital tors. And it’s something I’ve been deal- then the cost of the cheapest health in- that they desire. They don’t want to be ing with for almost four decades of surance in the individual State goes dictated to about what kind of cov- practicing medicine. And it’s some- up. So that is why this idea of someone erage that they can have. And the first thing that the American people des- who needs a policy in Georgia being point where everybody has 100 percent perately need. able to go online and see what is of- deductibility of all expenses will take ObamaCare is going to—the experts fered in Louisiana, as an example, is a care of the portability problems. It will 1 tell us—is going to put 5 ⁄2 million peo- great idea. empower the patient and the doctor to ple out of work. What Dr. BROUN was saying, we had be able to make the best decisions for Dr. FLEMING talked about the uncer- some ideas. We are the party of K-N-O- their patient. Those things are just tainty it creates in employers. I hear W, he likes to say, not the party of N- commonsense solutions. that all the time. I’ve got a small busi- O; and President Obama knows that. Mr. GINGREY of Georgia. Dr. BROUN, nessman that wants to do a $31 million And the Democratic majority knew thank you. Your four commonsense so- expansion of his business in my dis- that, knows that. And they ignored it; lutions are great. Keep that poster trict, but he’s scared to and he’s not and as a result, they are soon to be- handy, we may want to refer back to going to because, Dr. FLEMING—he come, at least in this body, the Demo- that. doesn’t have the problem with the cratic minority. We are going to get into the subject banks because he has $31 million in the I yield to Dr. BROUN for other com- of Republican priority No. 3, and that bank right now, cash money. So he ments before I call on Dr. FLEMING. is on my poster to my left, attack key doesn’t have to go to the bank to get Mr. BROUN of Georgia. Thank you, components of ObamaCare until the the money. But he’s scared of those Dr. GINGREY for yielding. bill can be repealed. So in the next 15– taxes. He’s scared of the energy tax, In fact, this first bullet about 100 per- 20 minutes or so, we will be talking particularly. That scares the willies cent deductibility will solve the prob- about some of these key components of out of small businessmen and women in lem with portability. Right now, 85 my district. He’s very frightened about ObamaCare that we can legislatively percent of America gets their health attack. ObamaCare. insurance through their employer. It is So we must repeal ObamaCare and I am going to yield to the gentleman because employers can deduct the cost replace it with some commonsense so- from Louisiana (Mr. FLEMING) to begin of their health insurance that they pro- lutions. that discussion or any other comments Mr. GINGREY of Georgia. Reclaim- vide to their employees as a regular that he wants to make before we get ing my time just for a second from Dr. business expense, and the employee can into that. BROUN. get that money as a nontaxable ben- Mr. FLEMING. I did want to enter in Dr. BROUN, if you don’t mind holding efit. But if we make it 100 percent de- a couple of ideas before we move right that poster up again because I wanted ductible for everybody, then the em- into that. to enter, Mr. Speaker, into a colloquy ployer can give that money in in- You know, Mr. Speaker, the other with the gentleman, my colleague from creased wages to the employee. It is side of the aisle oftentimes says to us: Georgia. still a deductible amount. It won’t cost well, now, you Republicans, you want In the four points on his poster, ad- the employer any more money out of to repeal ObamaCare. You mean to say dressing that first one, allowing indi- their bottom line, but they can give it you want to stop what is in it in terms viduals to deduct 100 percent of health to the employee, and then the em- of increasing insurance coverage up to care expenses, including the expense to ployee can take those dollars and in- age 26? Do you mean to say that you purchase health insurance—whether stead of having to be saddled with want to bring back preexisting condi- it’s first dollar sickness coverage or whatever insurance policy that the em- tions that would prevent some from long-term care, which people, when ployer provides for them, the employee getting health care coverage because of they get our age, need to start think- can go buy the insurance wherever chronic disease? Do you mean that you ing about. they want with whatever kind of cov- don’t want to see insurance expanded? But under current law, and I want erage that they want. Well, of course not. We don’t want to my colleagues to correct me if I’m In fact, Dr. GINGREY brought up see those things return. That is to say wrong on this, but I think under cur- something about the mandates that we don’t want to see once again that rent law, an individual in filing their the States have put on. My friend, Neal kids up to age 26 for some reason can’t tax return if they itemize their deduc- Boortz, who has a radio program that get insurance covered by their parents. tions, they can only deduct health care is syndicated all over this country, Of course we don’t want to see that. expenses that are more than 7.5 percent keeps talking about him and his wife, And certainly we don’t want to bring of their adjusted gross income. And who are beyond the age of having any back preexisting illnesses to somehow hardly anybody reaches that threshold. babies, have to buy maternity cov- block people from getting care. Those And I think what Dr. BROUN, Mr. erage. There are insurance policies are all things that both sides of the Speaker, is suggesting in regard to this that mandate that people have to pay aisle can agree on.

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.116 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8077 The problem is that the structure of and then segue again into the disman- their redress of grievances. So, when ObamaCare that is so steeped in bu- tling of ObamaCare that you, the other we say ‘‘tort reform,’’ we don’t mean reaucracy and so costly and so, I guess, gentleman from Georgia, referred to. taking away anybody’s individual handcuffing if you will of health care No. 1: Health Savings Accounts. rights. in general, health care decisions made HSAs grew by 25 percent in 2009 to a I will tell my colleague that the in- by doctors, by the patients themselves, total of 10 million Americans. Ameri- coming chairman of the Judiciary that is so difficult that what you are cans love health savings accounts. Committee in the House, Representa- really getting is a situation where you They are working. We implemented it tive LAMAR SMITH, has already in- are throwing the baby out with the in my own companies back home 6 formed me that he will be having hear- bath water. The few benefits that are years ago, and it has totally flattened ings on our legislation, Representative in ObamaCare are certainly way out- out our premiums. The problem with it FLEMING, and on other pieces of legisla- weighed by all of the problems. is that ObamaCare begins to tax it as tion regarding this type of reform that So of course we would love, after re- much as 10 to 20 percent. the CBO says very conservatively pealing ObamaCare, to bring back Believe it or not, today, of course, would save $54 billion over 10 years. some of the things that we on this floor pre-ObamaCare, you can go and buy as- The RAND Corporation says it would may have unanimous agreement on, pirin or any type of over-the-counter save more than that on an annual and that is never again would we see medication—cold medication—you basis. So I did want to let my colleague preexisting conditions that would want, and you can pay for it with your know that hope is on the way, and we block people from getting health care health savings account. However, be- will continue to work hard on either coverage. ginning in January, in order to do that, our legislation or on anybody’s legisla- Mr. GINGREY of Georgia. With re- you’ve got to get a prescription from a tion. gard to the last comment that the gen- doctor for a nonprescription drug. Maybe, Mr. Speaker, one of our col- tleman made with regard to pre- Now, how is that going to play in our leagues who is on the Democratic side existing conditions, and Dr. BROUN ref- offices back home when we have hun- of the aisle would like to work with us erenced it on his four commonsense so- dreds and maybe thousands of citizens in a bipartisan way. Maybe they’ve got lutions, in regard to those high-risk and patients calling, saying, I need a an even better idea in regard to that. pools that the States can create, can prescription for Tylenol so I can get it I would like to yield back to the gen- set up, can say to health insurance on my health savings account? So you tleman from Georgia (Dr. BROUN). companies, whether it is the Blues or can see just how ridiculous that is Mr. BROUN of Georgia. Thank you, Aetna or Cigna or smaller companies, going to be. People are not going to be Dr. GINGREY. there are literally 3,000 health insur- willing to come in and certainly pay Let’s go ahead and jump into some of ance companies across the country of- for a doctor’s visit just to get a pre- the key components and some of the fering policies, not these big, huge scription for Tylenol. So that is No. 1. things that we can do. What I would mega-companies, but to say to the ones I introduced H.R. 5126, the Helping like to focus on is your No. 3 bullet that are doing business in your State, Save Americans’ Health Care Choices point on your chart there: Medicaid ex- to have to abide by a requirement of a Act, which would restore flexible sav- pansion. State insurance commissioner or a ings accounts and health savings ac- The Medicaid expansion of Governor of a State, like our Governor- counts. I’d love to see us follow ObamaCare is going to break the budg- elect in Georgia, Nathan Deal, who through on that. ets of States, which are already suf- spent 18 years in this body and left The second point: the gentleman, fering, because it is going to dras- here as chairman of the Health Sub- Congressman GINGREY, Dr. GINGREY, tically increase the people in this committee on Energy and Commerce, and I worked on H.R. 5690—and the gen- country who are going to qualify for these Governors know. We will get into tleman showed great leadership on Medicaid. a little bit of their concern about the that—which is the Meaningful End to Again, the Republican Party is the Medicaid expansion in a few minutes, Defensive Medicine and Aimless Law- party of ‘‘know,’’ K-N-O-W, because we but they know. suits Act of 2010. know how to deal with this in a better Like Representative FLEMING was Once again, President Obama prom- manner. saying, these high-risk pools can be set ised us that he would reform medical In fact, as the gentleman from Geor- up in States, and we won’t spend $6 bil- malpractice in ObamaCare; and, of gia, Dr. GINGREY, knows, I’ve been try- lion of the taxpayers’ money doing it. course, that was left on the cutting ing to get on the Energy and Com- And that won’t even be enough with room floor. Once again, real solutions merce Committee. One thing that I will the Federal bureaucracy trying to run are being ignored in favor of bureauc- do—and I know that there are others these high-risk pools. racy and mandates. who are on the committee today who I appreciate that, and I yield back to So, with that, I’ll segue back. will—is push for dealing with Medicaid the gentleman. If you want to engage Mr. GINGREY of Georgia. If the gen- in a block grant to the States. Let’s in a colloquy with Dr. BROUN, certainly tleman will segue back to me, I’ll yield just send the Medicaid money, with no he may want to ask you about that as additional time to Dr. BROUN. strings attached, to the States. Let the well. I just wanted to comment, Mr. States, which is what our Founding Fa- Mr. FLEMING. I thank the gen- Speaker, on Representative FLEMING’s thers believed to be the best laboratory tleman. last remark in regard to the medical li- of public policy, figure out the best Yes, indeed, the bottom line, what we ability reform that he and I have way to deal with people who des- are saying here is that we can achieve worked very hard on. In fact, this is perately need Medicaid or State Child all of these laudable goals without the my fourth term; and every year that Health Insurance Programs. Let’s send complex bureaucracy of ObamaCare. I’ve been here—even before Dr. FLEM- those back to the States, as they We can expand health care to many ING and Dr. BROUN joined us and joined should be. Even under the Constitu- more millions of people without cre- the House GOP Doctors Caucus—I have tion, those functions should be dealt ating an individual mandate and an introduced medical liability reform with by the States, not by the Federal employer mandate. legislation, sometimes referred to as Government. Let’s let the States have ‘‘tort reform.’’ the money so that they can deal with b 2010 I won’t go into the details of it; but, this and find the best solution instead Certainly, there are far more effi- basically, it is a fair and balanced ap- of our generating all the policy, the cient ways, as Congressman BROUN proach for people who are hurt by prac- regulations and all the things that points out, that we can provide cov- tice below the standard of care, wheth- drive up the cost. The Medicaid expan- erage to people who may have pre- er it’s by the physician, the hospital or sion that ObamaCare has put in place existing illnesses, ways that are al- by anybody associated or affiliated is literally going to break the bank in ready in place in many States—excel- with their care, who would certainly State, after State, after State. lent programs. I would like to inject have to answer for that. These people Mr. GINGREY of Georgia. Mr. Speak- just two more possible solutions to this would have an opportunity to have er, I have put up an additional poster

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.118 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8078 CONGRESSIONAL RECORD — HOUSE December 7, 2010 that I want to call my colleagues’ at- off. The taxpayers will be better off. lion. It includes hospital cuts, cuts to tention to in regard to this very impor- The Medicaid recipients will be better hospice—that organization that takes tant point that Dr. BROUN is dis- off. We will actually be able to cover care of people that are dying of can- cussing. more patients. cer—cuts to nursing homes, home So far, 34 States and the District of So, back again, the Republican Party health cuts. Columbia have had to cut funding for is the party of K-N-O-W. But again, it’s kind of embarrassing K–12 education, which is 5 years old— almost to see these television ads, Mr. b 2020 kindergarten—through the 12th grade. Speaker, about Medicare, or get some Mr. Speaker, we all know that edu- We know how to solve these problems flier, some glossy flier in the mail— cation has always been near and dear and we’re going to try to do that the those of us who are on Medicare—tout- to the hearts of our Democratic col- next time. ing the benefits that ObamaCare has leagues. It is near and dear to the I yield back. brought to the program and how it’s hearts of, hopefully, all of us on both Mr. GINGREY of Georgia. I thank my going to make it so much better, and sides of the aisle; but it has been a sig- colleague. yet it cuts $528 billion out of the pro- nature issue for the current majority Mr. Speaker, reclaiming my time—in gram. Democratic Party. In doing something fact, I will yield back to Dr. FLEMING I agree with the gentleman from Lou- like this, in putting a Medicaid expan- because I would, on this poster, again, isiana, and I yield back to him. sion mandate on the States, all of that’s here for my colleagues to peruse, Mr. FLEMING. I thank the gen- which have a constitutional require- this first item, the individual man- tleman. But even before we get to those cuts, ment to balance their budgets, they date—Mr. Speaker, there are probably it’s already steeply increasing the pre- can’t just print money. Treasury Sec- 12 different line items, bullet points on miums of average, everyday citizens. retary Geithner and chairman of the these next two posters. We may not There is no way that you can cover an Federal Reserve Bernanke want us to have time to get to all of them tonight, additional 32 million Americans—I come up with another $600 billion but we will continue this in another mean, this is an empirical fact: There worth of money. They can’t do that. hour. But I want to hear what my col- is no way you can increase the cov- They have to balance their budgets. leagues have to say about individual erage, add to the coverage of 32 million So, if they have to expand Medicaid mandate, employer mandate. Dr. Americans, and raise, through special because of this requirement that Dr. BROUN has already talked about the interests, all the additional bells and BROUN and Dr. FLEMING are talking Medicaid expansion, but the cuts in whistles into those plans and not see about, what do they do? They cut Medicare? So I will yield to my col- the costs go up. And why in the world money for public defenders, first re- league from Louisiana. the American people could ever get sponders or education. It’s just so Mr. FLEMING. Thank you. I appre- hoodwinked into believing that I don’t counterproductive and counterintu- ciate you throwing number four to me, because that’s the one that I think gets know. And I don’t think they did, itive. Thirty-four States already, plus which is, frankly, why they want, by a the District of Columbia, have had to my gall the most, quite frankly. Mr. Speaker, you realize that in vote of 60 percent in the polls, they cut that funding. want us to crush ObamaCare and re- I yield back to my colleague. ObamaCare half a trillion dollars is place it with something that is com- Mr. BROUN of Georgia. Well, you’re taken from Medicare. And this is not mon sense, free-market based, that exactly right, Dr. GINGREY. Thanks for just window dressing; this is real cuts leaves the decisionmaking up to the bringing that up. that are occurring actually as we With ObamaCare, the States are speak, are actually being scheduled, patient, and that is efficient rather going to have to cut more. In fact, we starting with psychiatric care, includ- than, again, some government-con- trolled program. already see first responders—fire de- ing care for assisted living, home We know that, also, finally—just partments, police departments—being health care. Virtually nothing is being kind of a final comment because I touched. cut in their funding. In State after know we’re getting close to the end, And that so-called half a trillion of State, there are educational funding but increased coverage does not mean savings that’s being taken out of Medi- cuts across the board. In our own home increased access to care. We know this. care is being used to do two things: State of Georgia, they have had to There are countries around the world— Number one, to tack on the end of markedly cut the educational budget our neighbor to the north, Canada, has Medicare because it’s running out of because of all of these mandates that 100 percent coverage but they do not money in 6 years, to extend the life. are put on them by the Federal Gov- have 100 percent access to care. They ernment and because of the require- And I still, after a year, cannot get an have to wait often well past the time ment by the State constitutionally to explanation on how you take the frame in which it takes to actually have a balanced budget. money out of something and add it adequately treat a condition; therefore, I introduced a balanced budget back in and make it last longer. I know no access. So what good is coverage amendment to the Constitution here in I could try that budget at home and it when you don’t have access? And we’re Congress; and, hopefully, we are going would never work. Secondly, the same going in that direction. to do that, too. It has been part of our money is being counted again in this So I suggest, Mr. Speaker, that we pledge to America, and I will continue bookkeeping scam that will subsidize repeal ObamaCare and replace it with to fight for a balanced budget. I think the middle class, lower-income class in something that will properly match the Federal Government also needs to terms of their private health care. So the efficiencies of the system, allow it live within its own means. this is just more gimmicks, more to be patient driven, and that people Just on the Medicaid expansion, we Washington gimmicks that is going to get timely care at an affordable cost. should just do block grants back to the hurt a lot of people. Mr. GINGREY of Georgia. Mr. Speak- States and let them be the laboratory Mr. GINGREY of Georgia. If the gen- er, reclaiming my time, and I thank of public policy, as our Founding Fa- tleman will yield to me just for a sec- the gentleman from Louisiana. thers talked about and believed in very ond. And my colleague from Georgia may firmly—and I believe in those same Mr. FLEMING. Yes, sir. want some last few seconds of com- things—for Medicaid as well as for Mr. GINGREY of Georgia. Mr. Speak- ments, and I yield to him. SCHIP. In Georgia, we call it er, I just wanted to—and I know the Mr. BROUN of Georgia. Thank you, PeachCare. If we send those dollars gentleman from Louisiana and the gen- Dr. GINGREY. back to the States, don’t tie any tleman from Georgia know this—to re- I just wanted to mention the em- strings to them and let the States uti- mind my colleagues, that cut to Medi- ployer mandate. An employer is man- lize those funds in whatever way best care that Dr. FLEMING is talking about, dated to provide coverage for their em- suits their State budgets and their Mr. Speaker, is $528 billion over 10 ployees. They have a lot of mandates. State needs, we will be a whole lot bet- years. It’s about a 10 to 12 percent a And those employer mandates are ter off. The States will be better off. year cut annualized, and it includes going to mean that people are going to The Federal Government will be better cutting Medicare Advantage $160 bil- lose their jobs.

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.120 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8079 Dr. FLEMING and I talked a little bit Mr. GARAMENDI. Mr. Speaker, I because the proposal that’s before us, ago about how employers are scared. thank you for the privilege of the floor as negotiated by the President and the I’ve got a lady who runs a small busi- and the opportunity to share some Republicans, is going to significantly ness. She has eight employees. She des- thoughts with my colleagues on the increase the deficit. The program that perately needs to hire another one or Democratic side. we put forward will stimulate the econ- two, but because of the employer man- I was going to go to the tax issue omy and, in the out-years, signifi- dates of ObamaCare, she’s not going to which is before the American public. cantly reduce the deficit. hire anybody. She’s just going to try to The President has cut a deal with the Let’s just take a look at the dif- struggle along herself and is not going Republicans. And I know that on our ference. I put this one up last week to expand her business. She could hire side, we have some concerns about this, when I was talking about this issue and two new people, and the employer man- but I really think we need to spend just we laid out the Obama tax proposal, date is going to prevent these two peo- maybe a couple of minutes about what which no longer is the case. Obama and ple who need jobs today from going to we just heard. We just heard the gut- the Bush tax cuts have come together. work for this small business. ting of the health care reform program. But on the Obama tax proposal, every I already mentioned the guy who Have no doubt about this, general pub- working family in America that earns wants to do a $31 million expansion. lic and the people out there: The pro- an after-adjustment—that is, the ad- He’s not going to do that, not going to gram that was put together last year justed gross income—of less than hire the 100 or so new employees that on health care is an effort that will be $250,000 will receive a significant tax he would hire because he’s afraid of successful to provide health insurance reduction in the range of some $6,000 ObamaCare and the employer man- for the 40 million to 50 million Ameri- for those at the top end and downward dates. cans that don’t have health insurance for those who are earning just $10,000, a One other thing—and then I will and for the thousands each and every very small tax cut, but nonetheless, a yield back to Dr. GINGREY—is that, to day that lose their job and lose their very significant one at 53. kind of go along with these cuts to health insurance. So this is what we voted on last Medicare, in the stimulus bill a lot of The Republican Party is committed week, one that put the working men Americans don’t realize that they put to gutting the health care program, and women, the middle class, to an ad- in something called ‘‘comparative ef- and it’s stage one. When they come vantage. Now, what’s been cut, the deal fectiveness research.’’ In medicine, we into power in this House next January, that’s been cut is one that puts this compare the effectiveness of one treat- they are going to begin a concerted ef- one aside and instead substitutes the ment versus another. Breast cancer, is fort of moving more and more wealth Bush tax cuts. In other words, the Re- it just taking a tumor out? Is it giving to the highest and the richest men and publicans have won the day with their chemotherapy? Is it radiation therapy? women in America that have already supporters. We’re talking about the Is it a combination of all this? That’s seen a quintupling of their wealth in filthy rich in America. We’re talking not what this is all about. It’s to com- the last 20 years. about the billionaires who are going to pare the effectiveness of spending a So let’s have a very clear under- receive an enormous benefit for the dollar. And it’s age related, which standing of this. By gutting the health next 2 years. Average, for those who means that those people on Medicare, reform program, you will see stage one have an adjusted gross income over $1 comparative effectiveness is just going of the Republican effort to shift money million, the average tax cut for them is to mean that they’re just not going to away from the working men and over $100,000 a year. So what are they get the care. women to those who are already fabu- going to do with it? Well, I guess they And I yield back. lously wealthy. Not in the last 70, 80 can go out and buy a Mercedes-Benz E- Mr. GINGREY of Georgia. If the gen- years has America seen such an accu- Class, one each year under the proposal tleman will yield back to me for maybe mulation of wealth among the very, that’s made. a concluding remark. very few and a disproportionate hold- But what is the cost to the economy? And yes, the gentleman, Mr. Speaker, ing down of the great middle class in The cost to the economy is $150 billion, has brought up the ‘‘R’’ word, ‘‘ration- America. The health reform program $150 billion that will have to be bor- ing,’’ and that’s exactly what we’re was an effort to provide one of the rowed—probably from China—to fi- talking about with regard to all of most critical things that every person nance a tax cut so the very, very these bureaus and boards and agencies, and every family needs, and that is ac- wealthy in America can go out and buy I don’t know, something like 40—I wish cess to health care. We’ll put that two Mercedes-Benz in the next 2 years, I had brought that chart with me—but aside. We’ll come back to that. or maybe they want a new villa in the comparative effectiveness is research, But the issue of the day today on South of France. Is this going to stim- is Medicare, payment board—this new everybody’s mind, the President doing ulate our economy? We think not. We board, IPAB. These things are going to his press conference, saying he’s cut a think this proposal’s a bad deal for lead to rationing. And the folks, Mr. great deal with Republicans. We don’t America. Speaker, that we are most concerned think it is. Last week, this House Now let me just show you one other about are our precious senior citizens, passed a very, very important piece of piece of this, and that is that this tax our parents, our grandparents, who are legislation that laid out a significant cut also will cause America to go fur- the ones that we fear, because of this tax cut for the working men and ther in debt. The deficit is a very seri- legislation, are going to get pushed women in America, those people who ous problem, but this tax cut proposal under the bus. get on a bus in the morning, get in has already been proved to not work, Mr. Speaker, thank you very much. their car, commute to work, spend and the proof is in the decade 2001 to And as I predicted, we wouldn’t get to their 8, 9, 10 hours working, come home 2010. During the Clinton period, with all the bullet points that we wanted to and take care of their family. That tax taxes higher—these cuts were not in ef- discuss, but this colloquy, this Special package that this Democratic House fect—22.7 million jobs were created. Order is to be continued. passed last week is a good, solid tax The proposal to give to the wealthy And I yield back. package in it provides a reduction in $150 billion additional tax relief gen- f taxes for the working men and women, erated 1 million jobs in the decade 2000 b 2030 the middle class of America, and it is to 2010. So right there is historic proof simultaneously one of the most impor- that these tax cuts don’t necessarily TAX CUTS tant stimuli that we can provide to get create economic growth. And the only The SPEAKER pro tempore (Mr. this economy up and moving. When economists that will say they do are TEAGUE). Under the Speaker’s an- coupled with the unemployment insur- the Republicans, who happen to have nounced policy of January 6, 2009, the ance, it is a very, very strong package. used the money from these very same gentleman from California (Mr. What’s been negotiated with Repub- corporations and individuals to finance GARAMENDI) is recognized for 60 min- licans is a real serious problem for the most scurrilous, secretive cam- utes as the designee of the majority America. If you care about the deficit, paigns ever in America’s history. That leader. then you’d better be paying attention, was the Citizens United case that

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.122 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8080 CONGRESSIONAL RECORD — HOUSE December 7, 2010 opened the doors to secret money fi- b 2040 $70 billion to build schools? Let’s take nancing campaigns. What do you think People who have called for deficit re- $20 billion of the 70 billion, we will they’re going to do? Maybe they’ll buy sponse are now looking at what we’re build schools, we will improve the a Mercedes or maybe they’ll use these doing with this tax cut discussion. And classrooms, we will bring technology to tax cuts to come back to further under- I think it’s very important for us to the classrooms, and use the remaining mine the working men and women of have the priorities that will speak to $50 billion to hire a million teachers in this Nation with the kind of proposal deficit reduction, development of an in- our classrooms. Now, there’s an invest- you just heard on repealing the health novation economy, research and devel- ment that will last. That’s the kind of care reforms. opment investments that allow us to thing we can do. Okay, enough from me right now. stay a world-leading Nation in this Now, that’s just an option. Mr. We’ll come back at this issue. But I’m global economy. MCDERMOTT, could you please join us joined today by two of my colleagues, And as to your point made about here and share with us your perspec- Congressman PAUL TONKO, from the Citizens United as a case, I believe that tives on this? great State of New York, and Mr. as we give breaks here to that economy Mr. MCDERMOTT. Well, thank you. MCDERMOTT, from the equally great we are going to see more propensity, Mr. Speaker, I am grateful that Rep- State of Washington. we are developing the opportunities for resentative GARAMENDI is talking to- Mr. TONKO, would you please join us. people to invest in these campaigns in night on this issue because it’s one Mr. TONKO. Yes. Thank you, Rep- a way that will stop progress. Because that we’re going to argue over the next resentative GARAMENDI, for bringing us the voices of progress on this floor and couple of weeks. And people ought to together this evening for an hour’s down the Hall in the United States understand or have an opportunity to worth of discussion. Senate will be snuffed out by the Su- understand what really is going on. Obviously, I think we need to stay preme Court decision of Citizens And I think that what the value of extremely well focused, laser sharp in United that enables people to invest in these kinds of hours is is that we can our focus on what’s affordable and campaigns that are the opposition to educate people about what’s happening. what return we get for the spending sound health care reform, Wall Street A man named Jacob Hacker wrote a that is being called for for tax cuts. reform, job creation efforts that we book which is now on the newsstands Now, I know that, as you pointed out, called ‘‘Winner-Take-All Politics.’’ It when we saw the Bush tax cuts for have been making, the small business really is a description of what has hap- which we borrowed from China to pay loan activity. All of this will be turned pened to the American economy and for, we saw that there was very little backward. It will be snuffed out if we the American public over the last 30 return coming from that investment. continue to assist these efforts like the years. If you just remember one fact, in The analyses that have followed those Citizens United case that enables peo- 1980 the top 5 percent of people had $8 tax cut years indicate that we just sim- ple to invest in individual campaigns, trillion worth of wealth. That’s 1980, 30 ply did not get that trickled down. and corporations, both domestic and However, conversely, with the Obama foreign, that can get involved in these years ago. Today, that top 5 percent tax cuts that were part of the Recovery campaigns. have $40 trillion. They have quintupled, Act, which was the largest single mid- Think of it, you take on Big Oil, you they have gone times five what they dle-income income tax cut in this Na- do the reforms on the floor, and in the had in 1980. tion’s history, the strength that came next election you should fully expect The movement of money up to the to the economy was very much meas- that this Court decision enables people top by the tax structure has been dra- ured. We saw where that effort to as- to invest to the sky’s limit where they matic. And the average people who are sist middle-income families paid great choose. The same would be true with out there working, both husband and dividends. There were those efforts big banks and big pharmaceuticals, big wife are working, and they’ve been made to stop the bleeding of the reces- insurance companies. So by giving struggling, they’ve been working more sion. People began to spend in their re- these opportunities to those who are hours, they have barely seen any in- gional economies. People were spend- going to use these dividends in that crease in their net worth over the last ing on those day-to-day necessities. manner, we are again challenging and few years, especially with the drop in And so I think it was beneficial to our threatening the voice of progress in real estate prices and the fact that pen- American economy, certainly to our this House and in the United States sions are gone, and all these things are individual States’ economies, and cer- Senate. happening. The people on the bottom tainly to the regional effect that it So I think there are really good rea- have not reaped the benefits. had. sons for us to be very analytical, very Now we come to what we’re doing So I think we can make a very strong theoretical, very focused in how we here. These taxes were put in before ei- case about investing in the middle package this program for tax cuts. And ther of you came to the Congress. They strata, in that income demographic at this time I think the record stands were put in in 2001 in order to expire in that will allow for a great return. And clear that affordability and account- 2010. As long as they defined them as so we need to contrast there the Obama ability for what we invest in, what’s re- expiring, they didn’t count. They were taxes and the Bush taxes and look first turned is realized, are all part of the just temporary. So they put in this at the outcomes that have been gen- decision-making process and have to be huge giveaway for the whole society at erated, the benefit to the economy in front and center as we move forward. the top, and expected that the people general. And I think it’s very clear Mr. GARAMENDI. Mr. TONKO, thank would come in in the year 2010 and re- that when we assisted that working you so very much. I just was taking enact them. family economy, when we assisted the one little piece, and I want to then Now, the Republicans are faced with middle income strata in our country, turn to Mr. MCDERMOTT. The proposal a dilemma. In about 3 weeks they’re there were great dividends that were that was announced today, the Repub- going to take over this House. The Re- paid by that investment. lican-Obama tax cut proposal, would publicans will have the House of Rep- Then, to the affordability, $700 bil- send $70 billion a year to the wealthiest resentatives. They will have control of lion to $900 billion worth of invest- billionaires and millionaires in Amer- the Senate through the filibuster and ment, of spending for a tax cut where ica. What could that $70 billion be used the fact that the Democratic majority there may not be a great return simply for? is reduced. So they are going to be will compete with other forces: invest- Now, a teacher, let’s just say a teach- forced to deal with this issue if we ing in job creation, job retention; in- er gets $50,000 a year. If you took $50 don’t. They want us to deal with it. vesting in research so that we can com- billion of the $75 billion, you could hire They bullied the President into putting pete in a global economy; making cer- a million teachers in the classroom be- this package together, and they’re try- tain that our unemployment insurance ginning January 1, 2011. A million ing to give him the bum’s rush to get it opportunities, the stretching out of teachers. Choices are being made here. all done before they take over in Janu- that dividend is affordable; making Do you want $70 billion to go to the ary because they know a secret. certain that we go forward and address wealthiest people in America, the top 2 They have over there a number of the deficit situation. percent, or would you like to use that people who ran for election saying they

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.124 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8081 would not raise the debt limit and they are doing here tonight, letting people whacked by Republicans for this debt would not increase the deficits, and yet be aware of what’s happening and what that they ran up during the Bush era, the first bill that would be presented to the options really are, and what the and now they are turning around and them is to cut taxes and increase the impacts are going to be, is very impor- saying, well, you know for all the peo- deficit. And they know it. And they tant. ple who are uninsured, or people who want to get it done. The Democrats are Because the whole of the base in a de- don’t have jobs and the unemployment being pushed into it. mocracy is an informed electorate. If benefits, those are not the people we Now, how did they do it? Well, it’s we don’t understand what’s going on, if want to focus on now. We want to very simple. We care about workers. people aren’t paying attention, they make sure that the wealthiest receive We care about the unemployed. We are going to wind up saying how did even more, and we want the middle care about people who don’t get a this happen? Well it happened because class to pay for it. It’s just wrong on so check to put food on the table and pay we didn’t pay attention. many levels. the rent and keep the lights on. So, we This is a real turning point for the So for those people who are listening, want to take care of the unemployed. President and the Democrats in this who are concerned about the debt, they The unemployment program ran out year. Because what we do here will set need to understand that all of this the 1st of December, and it’s more run- the stage for the next 2 years. We will money to pay for will be borrowed. It’s ning out by the end of December. You be backing up. I learned when I was a not a gift; it’s borrowed money, and if are going to have 2 million people lose kid on the playground, bullies will we don’t pay for it our children will get their ability to put food on the table make you back up. And if you keep stuck paying for it, plus interest, of for their own children at Christmas backing up, you will be backing up course. time. your whole life. And why would they need it? I under- So the Republicans said, all right, You have got to stop at some point stand the middle class needing it. They we’re not going to deal with this unem- and say ‘‘no,’’ we are not going any fur- certainly do. But why do we have to do ployment thing. We’re going to stop it. ther, you do it. And I really think that this for the wealthiest. There are many We’re going to stop it. And we’re going the Democrats would be much better who have great social consciousness off to force the Republicans to put up to use it as the lever by which we force and are saying, well, we really the votes for this event. They are going the Democrats to give us this tax shouldn’t get this money. We don’t to try and slip around and say, well, we break for the rich. need it, and we shouldn’t get it. will give you 10, 15 votes but no more. So the decision that’s going to be So why are the Republicans driving I think what you are doing here is this, absolutely refusing, absolutely re- made on this floor is shall we give—the starting to put the pressure on that fusing to give unemployment benefits bill that the President put out today, I whole process, and I commend you for to those who have been victimized by am voting against it. I will make that doing it. Thank you. real clear. It says 1 year of unemploy- Mr. GARAMENDI. Thank you very this recession, unless we also took care of the top? I think the Republicans are ment benefits for the unemployed in much, Mr. MCDERMOTT. this country, and we’re going to give 2 I notice that our colleague from the quite clear about that, and we under- years, $84 billion, or you say 70, but great northeast, New Hampshire, has stand what happened in the last elec- whatever, it’s somewhere up above $75 arrived. I think you have had a lot to tion, and I think it’s disgraceful. billion that goes to people on the top say about this issue in your tenure The other part of this that’s so im- who already are rich beyond belief. And here. If you would please join us and portant, though, is the part where they the hostages in this whole thing have share with us your thoughts. carried on about Social Security. So- been the unemployed. Ms. SHEA-PORTER. Thank you, and cial Security is at risk. We have to What is absolutely unconscionable is I appreciate the opportunity. change Social Security. And we said, what has been done to the unemployed. Thank you for bringing the Nation’s no, you don’t, you just have to tweak This is the second time. Last August attention to this problem. This is abso- it. You have to bring more income into they let it drag through about 51 days lutely stunning. We spent a year and a it and stabilize it, because it’s not just where nobody got a check because the half listening to our campaign oppo- a Social Security problem. I read program had expired. And unless you nents talk about borrowing and spend- where a journalist said it’s actually a have been unemployed, you don’t un- ing, borrowing and spending. Indeed, retirement problem, that there are derstand what that means. That means we really do have to get control of the many, many millions of Americans nothing comes in the mailbox, no debt. We have been working on that who will not have adequate retirement check. So you have no way to go down but suddenly they have blown that to and that Social Security is absolutely to the grocery store and get food for pieces because everything in this bill is the floor. your family. going to be paid for by borrowing the So what are we doing here knowing Now, what do you in that case? Peo- money. that Social Security actually has to ple say, well, they go on welfare. No, So the middle class, who needed have more money coming in? We are they don’t. There’s no welfare program these tax breaks and deserve these tax cutting again. Again, we are cutting today. The only thing that’s available breaks, will now carry the debt for the what people pay into it for a year. And for somebody who is without an unem- very wealthy who didn’t need them and then how are we going to make up the ployment check is food stamps. Or they will get huge, huge amounts of money, money? Oh, we just going to borrow it can of course go to the food banks. The all borrowed, probably from China, and from the general fund. And how will food banks are panicked by the fact then they will tell the middle class, the general fund get the money? We that we have not extended unemploy- but, look, there is something here for will just borrow it. And where will we ment benefits because they gave it all you too. You are going to get a piece borrow the money? Oh, probably China. away at Thanksgiving, and here comes also. But, by the way, you are also This is insanity, I think it’s fiscally the month of December, and people are going to be paying for it because we are irresponsible. I think it’s awful that coming in droves, and they have noth- borrowing the money. So if you don’t the Republicans held the unemployed ing to give them. pay for it your children will pay for it. in this country hostage to this tax bill, Shame on all of us if we allow this to and we simply must fight for this. We b 2050 happen after talking about this debt have to fight for the middle class. That’s what’s going on in America. and saying we are really getting seri- Thank you very much for bringing at- The people on the other side that ous about the debt. I mean, I cam- tention to this. would say we would not—this is what paigned on this in 2005. I said the debt Mr. GARAMENDI. Thank you very MITCH MCCONNELL said. If you listen to was like an iceberg, and we were about much, Ms. CAROL SHEA-PORTER from him, it drives you nuts, because he said to crash into it. We borrowed from the the great State of New Hampshire. You if you won’t pass the tax break for the Chinese, and that was a national secu- have always been right on the issues. millionaires, nothing is going to hap- rity risk as well as an economic risk. I think we need to really understand pen in here. That kind of attitude is For a year and a half, ironically all what is in this proposal that this House simply wrong, and that’s why what you of us who are Democrats have been passed just last week, which was a

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.126 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8082 CONGRESSIONAL RECORD — HOUSE December 7, 2010 very, very significant tax cut for the How much is in it for them? Well, by hold-wise than the upper income stra- working men and women of America, a calculation that my staff and I made ta. So the consequences here are borne the people that are out there every earlier today we said $70 billion a year unfairly. day, going to work, putting in their 8, that, as you said, Ms. SHEA-PORTER, And so I think that what you’ve de- 10 hours a day, bringing home the pay- would have to be borrowed. scribed here in the contrast is an op- check at the end of the week. The tax And who is going to pay for it? The portunity to start anew, with a new proposal that we put together takes working men and women in the years focus, where children and students, care of children, providing the child ahead. What would that $70 billion be married couples, seniors, working fam- care tax credit. used for? What’s the alternative? ilies, all are given highest priority, It becomes permanent in our piece of The most critical investment any, where they can dream the American legislation. In the one that has been any society can make is an investment Dream, where they’re empowered. And proposed, it expires in 2 years. Then in education. We know from the re- when we empower our middle income what happens to taking care of chil- ports that just came out today that the community, we’re empowering all of dren? American education system is not pro- us. Someone needs to build the prod- If you happen to be a student, in our ducing students who are capable of uct. Someone needs to buy the product. proposal, the student loan interest de- competing in tomorrow’s economy. We And if you deny the purchasing power duction, it stays permanent. It stays are in the bottom half of student abil- of our middle income families, we have there for the next generation. For ity in math and science, where the fu- destroyed the economy of this Nation. those kids that want to go to school, ture lies. And so it makes great sense and pro- their families can get this, not for just vides great opportunity to go forward 2 years but permanently. b 2100 with this new thinking. Otherwise, we So what was negotiated by the Re- What if we took that $70 billion that revisit the failed policies of President publicans? A 2-year proposal in which the billionaires don’t need and instead Bush’s administration, where we saw this particular tax reduction for the invested it in education? no job growth, where we saw the de- working men and women and their I said earlier, average teacher pay, cline in business, manufacturing began children ceases. $50,000. Is that about what it is in your to fold, where we lost one-third of our You want to get married? Well, you area? It is in ours. Senior teachers manufacturing base. We need to go are married. Good for you. Our pro- would get somewhat more. Junior back to those policies. What’s driving posal would make permanent the ex- teachers would get significantly less. the deficit today is unemployment. tension of the marriage tax deduction. But let’s just say it’s $50,000. If we took And if we can invest in research and Right now there would be a new pen- $50 billion of the $70 billion, or maybe development, if we can invest in basic alty imposed on married people unless it’s $80 billion, that the extremely research, in the innovation economy, we extend it. wealthy get and instead say, no, no, then we will provide hope for our work- So we said, no; married people, mar- you’re not going to get it, we’re going ing families across the country. ried couples and those who file as cou- to invest that money in our children, I think what’s often lost in the dis- ples would get a permanent reduction in their education. One million teach- cussion on the great package that we in their taxes. ers. Do the math. One million teachers. did was that everybody, everybody, So you are a small business person. Fifty billion dollars could buy 1 mil- will get a break, a tax cut, on a level of You have a company. You have a farm. lion teachers in the classroom begin- income including those who are mil- You have a ranch, and you have the op- ning in January. Those that have been lionaires and billionaires, will get a tax portunity under our proposal to perma- laid off could come back. Classroom break on the first $250,000 in that nently, into the future, receive a lower household. So it’s not like we’re deny- capital gains tax rate if you were to size could be reduced. Isn’t that better ing anyone. We’re just saying, let’s em- sell your company. for America than giving the rich, the So for small businesses, this is what richest of the rich, $70 billion? I think power that middle income crowd, that we propose for the small businesses and so. Use the remaining 20 to improve community, in a way that gives them other people who might have invest- our classrooms, buy the technology, their share now, of a stake in the in- ments. Now, that’s not for the wealthy. put the computers in place. Twenty bil- vestments that are made here in Wash- It phases out at $200,000 of income for lion dollars would do it. And that’s in ington and then shared across this an individual and at 250,000 for a cou- year one. It could be repeated in year great country. That is the kind of shot ple. two. in the arm that’s required right now. In our proposal, not what the Presi- Mr. President, Mr. Republicans, you Because we see these tremendously dif- dent negotiated with the Republicans, cut a bad deal for America. It’s a bad ficult statistics out there. It took a but rather in our proposal, there is a deal for America. A better deal, instead long time to get into this mess. And I tax cut for those couples who file an of giving the rich more, give our chil- know that the expression made by the adjusted gross income of $250,000 or dren something. voters in this last election was that it less, and the alternative minimum tax Let me turn to my fellow representa- didn’t happen quick enough; the recov- would be focused to avoid the penalty tive from the great State of New York ery didn’t happen quick enough. Well, that would exist in the alternative (Mr. TONKO). this is a revisiting of the failed policies minimum tax. So what we did was to Mr. TONKO. Thank you, Representa- of the past that drove us into the worst very carefully construct a tax reduc- tive GARAMENDI. times since the Great Depression. Our tion proposal that focuses on the work- From your district in California, colleague spoke earlier about the di- ing men and women, the great middle Representative GARAMENDI, to Rep- vide between those who are com- class, the middle income of America, so resentative SHEA-PORTER’s district in fortable and most comfortable. That that they would have the benefits, not New Hampshire, to my district in up- has grown to the widest that has been the very, very wealthy in America. state New York, the middle income known in, I think, days since the Great Unfortunately, what’s been nego- community, the working families, are Depression. And we have seen more tiated is exactly the opposite. What’s all resonating with their message, that concentration in the top 1 or 2 percent been negotiated is, instead of a perma- it’s their turn. We borrowed, as was in- of wealth in this country of the eco- nent reduction that benefits the work- dicated by the gentlewoman from New nomic recovery, of profit. We just saw ing men and women, the middle income Hampshire, in the decade that preceded a record profit established in the last of America, a proposal has been put in this administration from China to pay quarter. Since record keeping over the place that terminates in 2 years and not only for tax cuts but for two wars last 60 plus years, there was more prof- provides an extraordinary benefit to and for Medicare part D, for a dough- itability for our business community in the very, very wealthy top 2 percent, nut hole that now is driving seniors to this country in the last quarter; when the billionaires, those who have an ad- the brink of poverty. Where was the you annualize that, it breaks all justed gross income over $250,000, lit- fairness in all of that? Because their records. So we need to look at all the erally the billionaires in America and bearing of the burden is far greater as statistics out there. We need to be very the millionaires in America. a percentage of their income house- cognizant of what’s happening and

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.128 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8083 what isn’t happening. And I think the jobs. Nobody would rationally argue ture and created jobs. We could have way we do that is through the sound- that. However, on the other hand, it’s been building things. You walk around ness of the policy that we advanced, been argued very clearly that one of Washington and you see beautiful that really promotes I think the sort of the most stimulus, job-creating, en- buildings that were built during the effort that enables us to strengthen the couragements to the economy is unem- Depression. They put men and women purchasing power of our middle income ployment insurance. But our friends on to work, and they left something be- community. And we also attempted in the Republican side have said very hind for the next generation. I have this House, without help from the Re- clearly that they’re going to put their said, if you are going to borrow money publicans, to provide a stretch-out on foot right on the neck of the most un- and you are going to have the next gen- that unemployment insurance pro- fortunate Americans, the unemployed, eration pay for it, you better leave gram. So we are doing those elements and hold them down until they’re able them something to look at. We could that respond with great sensitivity to to get their buddies, the wealthiest of have done that. We could have fixed the unemployed who are still searching Americans, an additional tax break. some of our infrastructure. It is crum- for employment. We attempted every b 2110 bling all over the country. We have de- which way to stretch that opportunity ferred maintenance. from this House. We have advanced a That is what is going on here. They And we have not taken care of just tax cut for those households, couples are using the most harmed Americans that. You talked about education. I’m under $250,000. Everybody can qualify in this economy, an economy that col- on the Education and Labor Com- in that tax cut because it caps at that lapsed under the Republican adminis- mittee. We know we are failing our threshold and works itself through tration, holding those unemployed children. We could have put money across all of the income levels of fami- down, putting their foot on their neck there. lies in this country. So we have done, I and saying, You cannot have anything Where else? How about money for re- think, a very reasonable package, we until our wealthy backers have more. search and money for basic medical have done it with great focus and great Shame on them. Shame on them. That care. hope that it will drive the growth of is not good American policy. That is You know, every time I hear the Re- the economy and produce hope in not even humanitarian. And we are up publicans in power here say: everybody terms of jobs created and retained and against the Christmas holidays. They is going to have to feel the pain, I say will not bring us back to those failed are using this as a lever. It is dead to myself, I know who they mean, and policies. I think we have forgotten the wrong, it is inhumane, it is cruel, and they don’t mean them. They mean the trillions that were lost. There was $18.5 it shows not one iota of compassion. middle income and below. They are the trillion lost in the last 18 months of Until they get their wealthy taken ones who are going to feel the pain. President Bush’s tenure. That was a care of, those people who don’t need And by the way, they are the ones who huge, devastating blow to this country. more, they are going to hold 2.5 million are also going to have to pay for this There were 8.2 million jobs lost, which Americans on the ground without food, because, once again, it is borrowed are tough to recover from. But we have without gifts for their families, with- money. I think it is absolutely dis- had many successive months of private out even a Christmas meal. That is graceful. sector job growth. So we need to con- what the Republicans have said. That Given the past campaign that we all tinue along the thoughtful sort of poli- is the deal which has been cut, and it is experienced where the borrow-and- cies; and the progress that has been one we should oppose. Do I feel strong- spend theme, borrow-and-spend was achieved, while incremental, is a steep ly about this? Yes, I do. just hammered, absolutely hammered, climb toward recovery rather than fall- Ms. SHEA-PORTER. I wanted to say, as if the Bush era hadn’t happened, as ing deeper as was the case when we hit this is not just Democrats who are say- if George Bush hadn’t created the rock bottom in March of 2009. We have ing this. Republicans who are no longer greatest deficits in history, as if the been recovering and I think now is the in power have also been attacking Republicans hadn’t been in charge time to just add to that effort, not lead these plans. David Stockman, the when that happened, they said that us backward into the failed policies of former director of the Office of Man- they were going to fix that. They had the past. agement and Budget during the Reagan learned their lesson. Remember on the Mr. GARAMENDI. The gentleman administration, called these tax cuts floor, we heard many times that they from New York could not be more cor- ‘‘unaffordable.’’ He is one of many had learned their lesson, but they rect, that the policies of the Bush ad- voices who said this. Unfortunately, hadn’t. Here they are, holding people’s ministration, their tax policies, cre- the Republicans who are in power now unemployment hostage to make sure ated a huge deficit, two wars that were are not listening. It is fiscally irrespon- that their benefactors get their tax not paid for but rather money bor- sible. cuts. rowed, most of it again from China, We need that income; we had to have I think it is outrageous. I think it is and a total backing away from the reg- that revenue so we could pay our bills. stunning. I think it is so cynical that it ulation of the financial industry led to If we had that revenue, what could we is ugly to watch. And I will not support an extraordinary crash of the Amer- do with it? Or if we were going to bor- that. ican and indeed the world economy. row, what should we have borrowed Mr. GARAMENDI. Ms. SHEA-PORTER, What is being asked of us now is to put for? thank you so much. You were talking back in place the tax policy that was To begin with, we could start paying about the many options available to part of that great decline. And a point our military men and women more. us, the choices we are making. In this that you made, if I might just bring it This year they are having a very tiny tax policy, we are making a choice to out one more time here, is that that increase. They are outraged, and I invest in America’s future, that is, the tax policy that was started in 2001 and don’t blame them. They have been working men and women of America, is now being proposed by our Repub- serving this country honorably. We or investing in the very wealthy. All of lican colleagues and our President is a have been at war for 8 years. They are it with borrowed money. If America is continuation of the drift—excuse me, exhausted, and now they are getting a going to make it, then we are going to it’s not a drift—a cascade of wealth very tiny pay raise. We could have used have to rebuild America’s industrial from the middle class, from the work- it for that. strength. These are choices. ing men and women, to the wealthiest What else? We could have helped There are ways that we can rebuild Americans. Is that wise policy? It cer- mom and pop small businesses, the America’s industrial strength. One of tainly doesn’t create jobs. There are businesses on Main Street. Rather than them is to stop exporting jobs. Now, very few economists except some very giving those tax cuts to the top 1 per- the American Tax Code until just a right-wing Republican economists who cent, we could have used that money to month ago provided a $12 billion an- would argue that by giving more help our small businesses that are nual tax break to American corpora- money, in this case $150 billion min- struggling. tions who sent jobs offshore. Yes, imum, maybe $180 billion, to the What else could we have done? We that’s right. How could that be? Well, wealthiest is going to somehow create could have put money into infrastruc- it was in the Tax Code. The Democrats

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.129 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8084 CONGRESSIONAL RECORD — HOUSE December 7, 2010 said that’s wrong, and we passed a tax beyond belief, a multitude of problems this Chamber so as to do what is best bill that ended that nefarious, useless, that then endured and gripped the for the middle-income community of job-harming tax proposal. We brought household budgets and the profitability this country. $12 billion back into the Treasury, put of small businesses across this country Again, to repeat myself, empowering a stop to the incentive for American to the point that we sunk to the lowest them by strengthening their pur- corporations to ship those jobs off- of records in March of 2009. chasing power strengthens all of us shore. So now our focus rightfully should be from the least comfortable to the most Did the Republicans support that job- about job creation and retention. My comfortable. I think it is the map, the creating program? They did not. Only a district, the 21st Congressional District blueprint, for a successful comeback handful. I mean, one handful actually in the State of New York, houses the from the lowest, toughest economic voted with the Democrats to end a tax eastern portion of the original Erie point that we have seen as a Nation. break that encouraged the off-shoring Canal, barge canal. It gave birth to a Now, to crawl out of that pit, we need of jobs. An example of how we can necklace of communities called mill to do it thoughtfully and with laser- bring jobs back to America is to set towns. These mill towns became the sharp focus, and I think our legislation our tax policy in place so we don’t en- epicenters of invention and innovation. advanced in this House does that. courage the off-shoring of jobs. I have enjoyed working with the two b 2120 Another piece of this is to use our of you, with other Representatives and tax money to build jobs in America. So that pioneer spirit is in the Amer- with the leadership in this House to Very quickly, and then I want to turn ican DNA, I am convinced. I cannot ac- make that effort so that we can have to my colleagues in the final 15 min- cept for a moment that our manufac- the smartest and most analytical re- utes of this hour. We spend a lot of turing heyday is a thing of the past. sponse. money. Our gasoline tax, our diesel We can be the kingpins of manufac- Mr. GARAMENDI. Mr. TONKO, once fuel tax is used to maintain our high- turing. We need to invest in that man- again, you speak with great wisdom ways and to buy buses and trains and ufacturing element so that small busi- and with a sense of history. It is about light rail systems and things that nesses and manufacturing centers can choices. move people. It is all well and good. be that driving force for job creation Apparently, the Republicans and the But much of that tax money is used to and retention. President want us to take $140 billion, purchase buses, light rail, trains that How does it happen? You modernize $150 billion, $160 billion and give it to are made in foreign countries. My pro- with investments. the wealthiest of Americans, to the top posal is, hey, that is our tax money; I served as president and CEO at 2 percent, as if they need help. let’s spend it on equipment that is NYSERDA, the New York State Energy What if we took that money and in- made in America. You want to build a Research and Development Authority. vested it in—oh, I don’t know—green bridge, use American steel. You want I saw what happened when we technology? in wind turbines? in solar to buy a bus, our tax money, buy an partnered with the business commu- or in buses and transportation? $150 American-made bus. You want to build nity to enable them to cut energy costs billion, what would it buy? a light rail system with our tax money, for production. It’s easy. We have shelf- I would suggest, with the first $70 bil- buy an American made light rail sys- ready opportunities today that can lion, in year one, invest in teachers and tem. then retrofit into these manufacturing in schools. With the next $70 billion or If we just use our tax dollars in a way centers and enable them to be more $80 billion, invest in—well, let’s build that promotes American industry, we profitable, more efficient. That means, the great manufacturing sector once can grow America. I think of Walt as profitability, the transitioning over again in the great Northeast; 160 years Whitman and his beautiful poetry to more jobs and more ideas that can ago, my great, great grandparents left about the great industrial strength of come from the manufacturing elements the textile mills in your territory, Ms. America, the way America would get in our given neighborhoods and our SHEA-PORTER, and moved to California. up in the morning and build. I don’t communities, in our regions, in our It was good for them, but it left the think Walt Whitman would be very en- congressional districts. great Northeast without the textile in- thusiastic about American industry So it can happen, but you need this dustry. You are trying to rebuild your today given our policies. But if we in- plan of attack that will go to putting industries—health care technologies stitute policies that are make it in American workers into deeply rooted and other kinds of advanced tech- America so that America can make it, jobs that will be here to grow in this nologies—which could use the incen- once again these are choices about country. tive of $70 billion. where we are going. We saw what happened when we Ms. SHEA-PORTER, we’ve got another Manufacturing matters. Walt Whit- helped businesses take their large in- 5 minutes. Why don’t you take four of man understood that the strength of dustries—take their jobs—offshore, and those, and then we’ll wrap in the last America was in its industries. We have we paid them to do that. So I applaud minute. forgotten that, and apparently our Re- the efforts that you have created and Ms. SHEA-PORTER. Thank you. publican colleagues are perfectly will- in which others have joined in this I think it is important to reiterate ing to give American industries a tax House to create the package that says that we are very happy when Ameri- break to ship jobs offshore. The Demo- ‘‘no’’ to that sort of investment, but cans do well financially. We want every crats are not. We ended that. ‘‘yes’’ to American workers and work- American to do well financially. I have Mr. TONKO, you and I have talked ing families and ‘‘yes’’ to our small said many times before that each one about this. You were there for the vote business community, which is the of us hopes to have a little more to end that tax break. backbone of our economic recovery. money, and I said that my kids hope Mr. TONKO. Absolutely. And I loved We profess small business to be the that I have a little more money also. the converting of tax policy into a job springboard to economic recovery. If It’s not a question of success. We want focus. we believe that, let’s act accordingly everybody to be successful. My question rhetorically to the oppo- and not take this step backward that The problem that we have here is sition party has been the marketing of gives tax breaks to millionaires and that we are borrowing money that mid- the 2001 and 2003 tax cuts was all billionaires at the expense of invest- dle-income taxpayers will have to pay around jobs. These are the job-creating ments in the small business commu- back, plus interest, in order to give tax cuts. My rhetorical question is: nity, investments in the working those who are already extremely suc- Where are the jobs? We saw one of the households of families across this coun- cessful—and I’m glad that they are— most dismal stretches of job loss and try and, certainly, at the expense of in- money that they don’t need. Then we job creation under that Bush Presi- vestments in children, in students, in will carry the debt and put this coun- dency than ever recorded in the Na- working couples, in married couples, try further at risk. tion. And to Representative SHEA-POR- who will get a break from our tax So, when we want to tell the truth TER’s point, left with an historic larg- package bills, and in senior citizens, all about the debt, this has to be part of est deficit. So that was complications of whom deserve our sensitivity here in the story: that it was proposed—and I

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.132 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8085 fear could be passed—that we borrowed Thank you very much for doing this. table and, under the rule, referred as more money, probably from China, and Mr. GARAMENDI. Ms. SHEA-PORTER, follows: we gave it to those who least needed it thank you so very, very much. S. 124. An act for the relief of Shigeru Ya- while we ignored all the great pressing We have just a minute left. As you mada, to the Committee on the Judiciary. needs of our country. were speaking from your heart about S. 3817. An act to amend the Child Abuse I fear for the middle class. I know the status of Americans today, I was Prevention and Treatment Act, the Family that we all grew up at a time when our thinking about last fall when I took Violence Prevention and Services Act, the parents believed that we would do bet- my family down to the Roosevelt Me- Child Abuse Prevention and Treatment and Adoption Reform Act of 1978, and the Aban- ter than they did financially, and in- morial. On one of the placards carved doned Infants Assistance Act of 1988 to reau- deed we did. I put myself through col- in the stone is his statement: The test thorize the Acts and for other purposes; to lege, but I was able to work double of America’s progress is not that those the Committee on Education and Labor. shifts in the summer at a factory, and who have much should have more but S. 3860. An act to require reports on the then I was able to work through the that those who have little should have management of Arlington National Ceme- school year to pay for that. Now, no enough. tery; to the Committee on Veterans’ Affairs. matter how hard people work in the Isn’t that where we are today? Isn’t summer and no matter how hard they that what FDR was saying in the 1930s f work in the winter, they can’t afford to during the Great Depression? pay for college tuition. Mr. Speaker, thank you very much. BILLS PRESENTED TO THE So what are we going to do for those We appreciate the hour to discuss this PRESIDENT children? What are we going to say to very, very important issue. Lorraine C. Miller, Clerk of the their families? Sorry. We’ve borrowed f House, reports that on December 3, 2010 enough money. Do you understand that she presented to the President of the LEAVE OF ABSENCE we borrowed the money to give it to United States, for his approval, the fol- the wealthiest so that we can’t give it By unanimous consent, leave of ab- lowing bills. to you? What are we going to do, crush sence was granted to: H.R. 4783. To accelerate the income tax their dreams, their hopes and their pos- Mr. CULBERSON (at the request of Mr. benefits for charitable cash contributions for sible paths to the same kind of success? BOEHNER) for today on account of per- the relief of victims of the earthquake in This is just wrong on every level. sonal business. Chile, and to extend the period from which If you look at children today, you Mrs. MCMORRIS RODGERS (at the re- such contributions for the relief of victims of will recognize that, chances are, they quest of Mr. BOEHNER) for today and the earthquake in Haiti may be accelerated. have family members who are under- the balance of the week on account of H.J. Res. 101. Making further continuing employed or unemployed, that their appropriations for fiscal year 2011, and for the birth of her daughter. other purposes. families are struggling to pay the rent Mr. POE of Texas (at the request of H.R. 6387. To designate the facility of the or to pay the mortgage, that the cost Mr. BOEHNER) for today on account of United States Postal Service located at 337 of everything has gone up dramati- being unavoidably detained in Texas. West Clark Street in Eureka, California, as cally, and that their families can’t af- Mr. DAVIS of Illinois (at the request the ‘‘Sam Sacco Post Office Building.’’ ford to save for their educations. What of Mr. HOYER) for today. H.R. 6237. To designate the facility of the United States Postal Service located at 1351 do we say to them later? You have to f understand that it was just so impor- 2nd Street in Napa, California, as the ‘‘Tom tant to make sure that we gave you SPECIAL ORDERS GRANTED Kongsgaard Post Office Building.’’ By unanimous consent, permission to H.R. 6118. To designate the facility of the this debt and increased your debt so United States Postal Service located at 2 that we could take care of those who address the House, following the legis- Massachusetts Avenue, NE, in Washington, didn’t need it. lative program and any special orders D.C., as the ‘‘Dorothy I. Height Post Office.’’ I don’t understand this, and I think heretofore entered, was granted to: H.R. 5758. To designate the facility of the that most Americans looking at this (The following Members (at the re- United States Postal Service located at 2 don’t understand it either. We cele- quest of Mr. MURPHY of Connecticut) to Government Center in Fall River, Massachu- brate people’s good fortunes and suc- revise and extend their remarks and in- setts, as the ‘‘Sergeant Robert Barrett Post cesses. We are happy that they have clude extraneous material:) Office Building.’’ H.R. 4387. To designate the Federal build- Mr. MURPHY of Connecticut, for 5 been so successful, but we should not ing located at 100 North Palafox Street in borrow money to give them what they minutes, today. Pensacola, Florida, as the ‘‘Winston E. don’t need. Ms. KAPTUR, for 5 minutes, today. Arnow Federal Building.’’ Let’s invest in America. Let’s invest Mr. SHERMAN, for 5 minutes, today. H.R. 5706. To designate the building occu- in the next generation. Let’s help our Mr. DEFAZIO, for 5 minutes, today. pied by the Government Printing Office lo- seniors out. How many seniors fall in Ms. WOOLSEY, for 5 minutes, today. cated at 31451 East United Avenue in Pueblo, the doughnut hole and can’t even af- Mr. GRAYSON, for 5 minutes, today. Colorado, as the ‘‘Frank Evans Government ford to pay for their prescriptions? Will (The following Members (at the re- Printing Office Building.’’ H.R. 5651. To designate the Federal build- we say, Well, we can’t help you because quest of Mr. JONES) to revise and ex- ing and United States courthouse located at we can’t afford it? Let’s build infra- tend their remarks and include extra- 515 9th Street in Rapid City, South Dakota, structure. Let’s help small businesses. neous material:) as the ‘‘Andrew W. Bogue Federal Building Let’s create jobs. Let’s get people Mr. POE of Texas, for 5 minutes, and United States Courthouse.’’ working again. People really don’t today, December 13 and 14. H.R. 5773. To designate the Federal build- want unemployment checks. They Mr. JONES, for 5 minutes, today, De- ing located at 6401 Security Boulevard in want jobs. cember 13 and 14. Baltimore, Maryland, commonly known as How many jobs bills did we try to Ms. ROS-LEHTINEN, for 5 minutes, the Social Security Administration Oper- pass, which were passed out of the today, December 8 and 9. ations Building, as the ‘‘Robert M. Ball Fed- eral Building.’’ House but which sank in the Senate? Mr. GARRETT of New Jersey, for 5 H.R. 5283. To provide for adjustment of sta- There was so much Republican opposi- minutes, today, December 8 and 9. tus for certain Haitian orphans paroled into tion to creating jobs. Yet here we are, Mr. LINCOLN DIAZ-BALART of Florida, the United States after the earthquake of saying the only way we can help people for 5 minutes, today and December 8. January 12, 2010. with unemployment is if we yield to Mr. PAUL, for 5 minutes, December 8 H.R. 6162. To provide research and develop- the Republicans and say, okay, we’ll and 9. ment authority for alternative coinage ma- give tax cuts to the very wealthiest Mr. BURTON of Indiana, for 5 minutes, terials to the Secretary of the Treasury, in- also. today, December 8 and 9. crease congressional oversight over coin pro- This is a sad moment, a very sad mo- duction, and ensure the continuity of certain f numismatic items. ment on this floor and in the Senate. I SENATE BILLS REFERRED H.R. 6166. To authorize the production of hope that the American people will rise palladium bullion coins to provide affordable up and say, No, this is not fair to the Bills of the Senate of the following opportunities for investments in precious middle class. titles were taken from the Speaker’s metals, and for other purposes.

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K07DE7.134 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8086 CONGRESSIONAL RECORD — HOUSE December 7, 2010 ADJOURNMENT The motion was agreed to; accord- morrow, Wednesday, December 8, 2010, Mr. TONKO. Mr. Speaker, I move ingly (at 9 o’clock and 30 minutes at 10 a.m. that the House do now adjourn. hp.m.), the House adjourned until to- EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-Authorized Official Travel during the second, third, and fourth quarters of 2010 pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, ROBERT F. REEVES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 20 AND OCT. 23, 2010

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

Robert F. Reeves ...... 10/20 10 /23 South Africa ...... 1,145.04 ...... 9,157.00 ...... 10,397.04 Joe Strickland ...... 10 /20 10 /23 South Africa ...... 1,112.04 ...... 9,157.00 ...... 10,397.04

Committee total ...... 2,257.08 ...... 18,314.00 ...... 20,794.08 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ROBERT F. REEVES, Nov. 10, 2010.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

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

Hon. Dutch Ruppersberger ...... 8/1 8/2 S.E. Asia ...... 331.00 ...... 8 /2 8 /4 S.E. Asia ...... 465.95 ...... 8 /4 8 /5 S.E. Asia ...... 198.95 ...... 8 /5 8 /6 Europe ...... 375.00 ...... 8 /6 8 /7 Europe ...... 356.69 ...... (3) ...... 1,727.59 Bob Minehart ...... 8/1 8/2 S.E. Asia ...... 331.00 ...... 8 /2 8 /4 S.E. Asia ...... 465.95 ...... 8 /4 8 /5 S.E. Asia ...... 198.95 ...... 8 /5 8 /6 Europe ...... 375.00 ...... 8 /6 8 /7 Europe ...... 356.69 ...... (3) ...... 1,727.59 Carly Scott ...... 8/1 8 /2 S.E. Asia ...... 331.00 ...... 8 /2 8 /4 S.E. Asia ...... 465.95 ...... 8 /4 8 /5 S.E. Asia ...... 198.95 ...... 8 /5 8 /6 Europe ...... 375.00 ...... 8 /6 8 /7 Europe ...... 356.69 ...... (3) ...... 1,727.59 Frank Garcia ...... 8 /1 8/2 S.E. Asia ...... 331.00 ...... 8 /2 8 /4 S.E. Asia ...... 465.95 ...... 8 /4 8 /5 S.E. Asia ...... 198.95 ...... 8 /5 8 /6 Europe ...... 375.00 ...... 8 /6 8 /7 Europe ...... 356.69 ...... (3) ...... 1,727.59 Committee total ...... 6,910.36 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. SILVESTRE REYES, Chairman, Nov. 16, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APR. 1 AND JUNE 30, 2010

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

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return.◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. SANDER M. LEVIN, Acting Chairman, Nov. 29, 2010.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2010

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

Hon. David Reichert ...... 5/29 6/1 Dubai ...... 429.00 ...... 8,199.00 ...... 8,628.10 5/30 5/31 Afghanistan ...... 28.00 ...... 28.00 Hon. Lloyd Dogget ...... 7/6 7 /11 Norway ...... 407.87 ...... 407.87

Committee total ...... 864.87 ...... 8,199.10 ...... 9,063.97 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. SANDER M. LEVIN, Acting Chairman, Nov. 29, 2010.

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 8634 E:\CR\FM\K07DE7.137 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8087 EXECUTIVE COMMUNICATIONS, U.S.C. 801(a)(1)(A); to the Committee on Ag- ment of Education, transmitting the Depart- ETC. riculture. ment’s final rule — School Improvement 10662. A letter from the OSD Federal Reg- Grants; American Recovery and Reinvest- Under clause 2 of rule XIV, executive ister Liaison Officer, Department of Defense, ment Act of 2009 (AARA); Title I of the Ele- communications were taken from the transmitting the Department’s ‘‘Major’’ mentary and Secondary Education Act of Speaker’s table and referred as follows: final rule — Civilian Health and Medical 1965, as Amended (ESEA) [Docket ID: ED- 10652. A letter from the Congressional Re- Program of the Uniformed Services 2009-OESE-0010] (RIN: 1810-AB06) received view Coordinator, Department of Agri- (CHAMPUS)/TRICARE: Inclusion of November 15, 2010, pursuant to 5 U.S.C. culture, transmitting the Department’s final TRICARE Retail Pharmacy Program in Fed- 801(a)(1)(A); to the Committee on Education rule — Removal of Varietal Restrictions on eral Procurement of Pharmaceuticals [DOD- and Labor. Apples From Japan [Docket No.: APHIS-2009- 2008-HA-0029] (RIN: 0720-AB45) received No- 10674. A letter from the Secretary, Depart- 0020] (RIN: 0579-AD08) received November 15, vember 17, 2010, pursuant to 5 U.S.C. ment of Education, transmitting the Depart- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Armed ment’s final rule — Program Integrity Issues Committee on Agriculture. Services. [Docket ID: ED-2010-OPE-0004] (RIN: 1840- 10663. A letter from the Deputy Secretary, 10653. A letter from the Congressional Re- AD02) received November 15, 2010, pursuant Department of Defense, transmitting the De- view Coordinator, Department of Agri- to 5 U.S.C. 801(a)(1)(A); to the Committee on partment of Defense Inspector General Semi- culture, transmitting the Department’s final Education and Labor. annual Report, April 1, 2010 — September 30, rule — Change in Disease Status of Japan 10675. A letter from the Program Analyst, 2010; to the Committee on Armed Services. Because of Foot-and-Mouth Disease [Docket Department of Transportation, transmitting 10664. A letter from the Secretary, Depart- the Department’s final rule — Federal Motor No.: APHIS-2010-0077] received November 15, ment of the Treasury, transmitting the an- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Vehicle Safety Standards; Seat Belt Assem- nual report on the operation of the Exchange bly Anchorages, School Bus Passenger Seat- Committee on Agriculture. Stabilization Fund (ESF) for fiscal year 2009 10654. A letter from the Congressional Re- ing and Crash Protection [Docket No.: and 2008 Financial Statements, pursuant to NHTSA-2008-0613] (RIN: 2127-AK49) received view Coordinator, Department of Agri- 31 U.S.C. 5302(c)(2); to the Committee on Fi- November 15, 2010, pursuant to 5 U.S.C. culture, transmitting the Department’s final nancial Services. 801(a)(1)(A); to the Committee on Energy and rule — Update of Noxious Weed Regulations 10665. A letter from the Chairman, Con- [Docket No.: APHIS-2007-0146] (RIN: 0579- gressional Oversight Panel, transmitting the Commerce. 10676. A letter from the Program Analyst, AC97) received November 15, 2010, pursuant Panel’s monthly report pursuant to Section Department of Transportation, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on 125(b)(1) of the Emergency Economic Sta- the Department’s final rule — Insurer Re- Agriculture. bilization Act of 2008, Pub. L. 110-343; to the porting Requirements; List of Insurers Re- 10655. A letter from the Congressional Re- Committee on Financial Services. view Coordinator, Department of Agri- 10666. A letter from the Chairman, Federal quired to File Reports [Docket No.: NHTSA- culture, transmitting the Department’s final Deposit Insurance Corporation, transmitting 2010-0017] (RIN: 2127-AK69) received Novem- rule — Karnal Bunt; Regulated Areas in Ari- a report entitled, ‘‘Merger Decisions 2009’’, in ber 15, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); zona, California, and Texas [Docket No.: accordance with Section 18(c)(9) of the Fed- to the Committee on Energy and Commerce. APHIS-2009-0079] received November 15, 2010, eral Deposit Insurance Act; to the Com- 10677. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Financial Services. Federal Energy Regulatory Commission, mittee on Agriculture. 10667. A letter from the General Counsel, transmitting the Commission’s final rule — 10656. A letter from the Administrator, De- National Credit Union Administration, Version One Regional Reliability Standard partment of Agriculture, transmitting the transmitting the Administration’s final rule for Resources and Demand Balancing [Dock- Department’s final rule — Dried Prunes Pro- — Prompt Corrective Action; Amended Defi- et No.: RM09-15-000; Order No. 740] November duced in California; Increased Assessment nition of Low-Risk Assets (RIN: 3133-AD81) 16, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to Rate [Doc. No.: AMS-FV-10-0057; FV10-993-1 received Novemeber 16, 2010, pursuant to 5 the Committee on Energy and Commerce. FR] received November 29, 2010, pursuant to U.S.C. 801(a)(1)(A); to the Committee on Fi- 10678. A letter from the Director, Defense 5 U.S.C. 801(a)(1)(A); to the Committee on nancial Services. Security Cooperation Agency, transmitting Agriculture. 10668. A letter from the General Counsel, a letter pursuant to the Arms Export Control 10657. A letter from the Administrator, De- National Credit Union Administration, Act; to the Committee on Foreign Affairs. partment of Agriculture, transmitting the transmitting the Administration’s final rule 10679. A letter from the Director, Defense Department’s final rule — Kiwifruit Grown — Fixed Assets, Member Business Loans, and Security Cooperation Agency, transmitting in California; Changes to District Boundaries Regulatory Flexibility Program (RIN: 3133- reports submitted in accordance with Sec- [Doc. No.: AMS-FV-08-0085; FV08-920-3 FIR] AD68) received November 16, 2010, pursuant tions 36(a) and 26(b) of the Arms Export Con- received November 29, 2010, pursuant to 5 to 5 U.S.C. 801(a)(1)(A); to the Committee on trol Act; to the Committee on Foreign Af- U.S.C. 801(a)(1)(A); to the Committee on Ag- Financial Services. fairs. riculture. 10669. A letter from the General Counsel, 10680. A letter from the Deputy Director, 10658. A letter from the Administrator, De- National Credit Union Administration, Defense Security Cooperation Agency, trans- partment of Agriculture, transmitting the transmitting the Administration’s final rule mitting Transmittal No. DDTC 10-65, pursu- Department’s final rule — Popcorn Pro- — Corporate Credit Unions (RIN: 3133-AD58) ant to the reporting requirements of Section motion, Research, and Consumer Informa- received November 16, 2010, pursuant to 5 36(b)(1) of the Arms Export Control Act; to tion Order; Reapportionment [Document U.S.C. 801(a)(1)(A); to the Committee on Fi- the Committee on Foreign Affairs. Number AMS-FV-10-0010] received November nancial Services. 10681. A letter from the Deputy Director, 29, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to 10670. A letter from the Secretary, Securi- Defense Security Cooperation Agency, trans- the Committee on Agriculture. ties and Exchange Commission, transmitting mitting Transmittal No. 10-69, pursuant to 10659. A letter from the Administrator, De- the Commission’s final rule — Extension of the reporting requirements of Section partment of Agriculture, transmitting the Temporary Exemptions For Eligible Credit 36(b)(1) of the Arms Export Control Act, as Department’s final rule — Domestic Dates Default Swaps to Facilitate Operation of amended; to the Committee on Foreign Af- Produced or Packed in Riverside Country, Central Counterparties to Clear and Settle fairs. CA; Increased Assessment Rate [Doc. No.: Credit Default Swaps [Release Nos. 33-9158; 10682. A letter from the Deputy Director, AMS-FV-10-0059; FV10-987-2 FR] received No- 34-63348; 39-2472; File No. S7-02-09] (RIN: 3235- Defense Security Cooperation Agency, trans- vember 29, 2010, pursuant to 5 U.S.C. AK26) received November 29, 2010, pursuant mitting Transmittal No. 10-73, pursuant to 801(a)(1)(A); to the Committee on Agri- to 5 U.S.C. 801(a)(1)(A); to the Committee on the reporting requirements of Section culture. Financial Services. 36(b)(1) of the Arms Export Control Act, as 10660. A letter from the Acting Adminis- 10671. A letter from the Secretary, Depart- amended; to the Committee on Foreign Af- trator, Department of Agriculture, transmit- ment of Education, transmitting the Depart- fairs. 10683. A letter from the Acting Assistant ting the Department’s final rule — Sorghum ment’s final rule — Program Integrity: Gain- Secretary, Bureau of Political-Military Af- Promotion and Research Program: Proce- ful Employment — New Programs [Docket fairs, Department of State, transmitting an dures for the Conduct of Referenda [Doc. No.: ID: ED-2010-OPE-0012] received November 16, addendum to a certification, transmittal AMS-LS-10-0003] November 29, 2010, pursuant 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the number: DDTC 10-113, pursuant to Public to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Education and Labor. 10672. A letter from the Secretary, Depart- Law 110-429, section 201; to the Committee on Agriculture. 10661. A letter from the Administrator, De- ment of Education, transmitting the Depart- Foreign Affairs. 10684. A letter from the Assistant Sec- partment of Agriculture, transmitting the ment’s final rule — Foreign Institutions- retary, Legislative Affairs, Department of Department’s final rule — Pistachios Grown Federal Student Aid Programs [Docket ID: State, transmitting a report pertaining to in California, Arizona, and New Mexico; ED-2010-OPE-0009] (RIN: 1840-AD03) received Section 102(a)(2) of the Arms Export Control Modification of the Aflatoxin Regulations November 16, 2010, pursuant to 5 U.S.C. Act; to the Committee on Foreign Affairs. [Doc. No.: AMS-FV-10-0031; FV10-983-1 FIR] 801(a)(1)(A); to the Committee on Education 10685. A letter from the Secretary, Depart- received November 29, 2010, pursuant to 5 and Labor. 10673. A letter from the Assistant General ment of the Treasury, transmitting as re- Counsel for Regulatory Services, Depart- quired by section 401(c) of the International

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.001 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8088 CONGRESSIONAL RECORD — HOUSE December 7, 2010 Emergency Economic Powers Act, 50 U.S.C. ance) (RIN: 1093-AA12) received November 26, rections to Customs and Border Protection 1703(c), and pursuant to Executive Order 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulations [CBP Dec. 10-33] received No- 13313 of July 31, 2003, a six-month periodic re- Committee on Natural Resources. vember 15, 2010, pursuant to 5 U.S.C. port on the national emergency with respect 10696. A letter from the Acting Director, 801(a)(1)(A); to the Committee on Ways and to Burma that was declared in Executive Office of Sustainable Fisheries, NMFS, Na- Means. Order 13047 of May 20, 1997; to the Committee tional Oceanic and Atmospheric Administra- 10706. A letter from the Chief, Publications on Foreign Affairs. tion, transmitting the Administration’s final and Regulations, Internal Revenue Service, 10686. A letter from the Architect of the rule — Fisheries of the Exclusive Economic transmitting the Service’s final rule — Capitol, transmitting the Semiannual Re- Zone Off Alaska; Shallow-Water Species ARRA High-Speed Rail Grants (Rev. Proc. port for the period April 1, 2010 through Sep- Fishery by Vessels Using Trawl Gear in the 2010-46) received November 17, 2010, pursuant tember 30, 2010 prepared by the Office of In- Gulf of Alaska [Docket No.: 0910131362-0087- to 5 U.S.C. 801(a)(1)(A); to the Committee on spector General of the AOC; to the Com- 02] (RIN: 0648-XY78) received November 17, Ways and Means. mittee on Oversight and Government Re- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10707. A letter from the Chief, Publications form. Committee on Natural Resources. and Regulations, Internal Revenue Service, 10687. A letter from the Secretary, Depart- 10697. A letter from the Senior Program transmitting the Service’s final rule — ment of the Treasury, transmitting the De- Analyst, Department of Transportation, ARRA Battery Grants (Rec. Proc. 2010-45) re- partment’s Performance and Accountability transmitting the Department’s final rule — ceived Novemebr 17, 2010, pursuant to 5 Report for FY 2010, as required by the Re- Standard Instrument Approach Procedures, U.S.C. 801(a)(1)(A); to the Committee on ports Consolidation Act of 2000; to the Com- and Takeoff Minimums and Obstacle Depar- Ways and Means. mittee on Oversight and Government Re- ture Procedures; Miscellaneous Amendment 10708. A letter from the Chief, Publications form. [Docket No.: 30753; Amdt. No. 3399] received and Regulations Branch, Internal Revenue 10688. A letter from the Director, Congres- November 19, 2010, pursuant to 5 U.S.C. Service, transmitting the Service’s final rule sional Affairs, Federal Election Commission, 801(a)(1)(A); to the Committee on Transpor- — 2010 Marginal Production Rates [Notice transmitting a copy of the Commission’s tation and Infrastructure. Performance and Accountability Report for 10698. A letter from the Senior Program 2010-73] received November 17, 2010, pursuant FY 2010; to the Committee on Oversight and Analyst, Department of Transportation, to 5 U.S.C. 801(a)(1)(A); to the Committee on Government Reform. transmitting the Department’s final rule — Ways and Means. 10689. A letter from the President, Federal Standard Instrument Approach Procedures, 10709. A letter from the Chief, Publications Financing Bank, transmitting the Annual and Takeoff Minimums and Obstacle Depar- and Regulations, Internal Revenue Service, Report of the Federal Financing Bank for ture Procedures; Miscellaneous Amendments transmitting the Service’s final rule — 2010 Fiscal Year 2010, pursuant to 31 U.S.C. 9106; [Docket No.: 30752; Amdt. No. 3398] received National Pool [Notice 2010-74] received No- to the Committee on Oversight and Govern- Novmeber 19, 2010, pursuant to 5 U.S.C. vember 17, 2010, pursuant to 5 U.S.C. ment Reform. 801(a)(1)(A); to the Committee on Transpor- 801(a)(1)(A); to the Committee on Ways and 10690. A letter from the Chairman, Nuclear tation and Infrastructure. Means. Regulatory Commission, transmitting the 10699. A letter from the Senior Program 10710. A letter from the Chief, Publications Commission’s 2010 Performance and Ac- Analyst, Department of Transportation, and Regulations, Internal Revenue Service, countability Report; to the Committee on transmitting the Department’s final rule — transmitting the Service’s final rule — 2010 Oversight and Government Reform. Standard Instrument Approach Procedures, Section 43 Inflation Adjustment [Notice 2010- 10691. A letter from the Chief, Branch of and Takeoff Minimums and Obstacle Depar- 72] received November 17, 2010, pursuant to 5 Endangered Species Listing, Department of ture Procedures; Miscellaneous Amendments U.S.C. 801(a)(1)(A); to the Committee on the Interior, transmitting the Department’s [Docket No.: 30750; Amdt. No. 3397] received Ways and Means. final rule — Endangered and Threatened November 17, 2010, pursuant to 5 U.S.C. 10711. A letter from the Chief, Publications Wildlife and Plants; Revised Critical Habitat 801(a)(1)(A); to the Committee on Transpor- and Regulations Branch, Internal Revenue for Navarretia fossalis (Spreading tation and Infrastructure. Service, transmitting the Service’s final rule Navarretia) [Docket No.: FWS-R8-ES-2009- 10700. A letter from the Senior Program — Amendment to the Interim Final Rules for 0038] [MO 92210-0-0009] (RIN: 1018-AW22) re- Analyst, Department of Transportation, Group Health Plans and Health Insurance ceived November 15, 2010, pursuant to 5 transmitting the Department’s final rule — Coverage Relating to Status as a Grand- U.S.C. 801(a)(1)(A); to the Committee on Nat- Crewmember Requirements When Passengers fathered Health Plan Under the Patient Pro- ural Resources. Are Onboard [Docket No.: FAA-2009-0022; tection and Affordable Care Act [TD 9506] 10692. A letter from the Chief, Division of Amendment No.: 121-350] (RIN: 2120-AJ30) re- (RIN: 1545-BJ91) received November 29, 2010, Habitat and Resource Conservation, Depart- ceived November 17, 2010, pursuant to 5 pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment of the Interior, transmitting the De- U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. partment’s final rule — Marine Mammal Transportation and Infrastructure. 10712. A letter from the Chief, Publications Protection Act; Deterrence Guidelines 10701. A letter from the Senior Program and Regulations Branch, Internal Revenue [Docket No.: FWS-R7-FHC-2010-0002] [71490- Analyst, Department of Transportation, Service, transmitting the Service’s final rule 1351-0000-L5-FY10] (RIN: 1018-AW94) received transmitting the Department’s final rule — — Change in Litigating Position on the November 15, 2010, pursuant to 5 U.S.C. Flightcrew Alerting [Docket No.: FAA-2008- Treatment of Interchange Fee Income by 801(a)(1)(A); to the Committee on Natural 1292; Amendment No. 25-131] (RIN: 2120-AJ35) Issuers of Credit Cards [LB&I Contorl No.: Resources. received November 17, 2010, pursuant to 5 LB&1-4-1110-030] received November 29, 2010, 10693. A letter from the Chief, Branch of U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Recovery and Delisting, Department of the Transportation and Infrastructure. mittee on Ways and Means. Interior, transmitting the Department’s 10702. A letter from the Director, Regula- 10713. A letter from the Chief, Publications final rule — Endangered and Threatened tions Policy and Management, Office of the and Regulations Branch, Internal Revenue Wildlife and Plants; Reinstatement of Pro- General Counsel, Department of Veterans Af- Service, transmitting the Service’s final rule tections for the Grey Wolf in the Northern fairs, transmitting the Department’s final — Build America Bonds and Other State and Rocky Mountains in Compliance With a rule — Responding to Disruptive Patients Local Bonds: Timing of Issuing Bonds [No- Court Order [Docket No.: FWS-R6-ES-2010- (RIN: 2900-AN45) received November 15, 2010, tice 2010-81] received November 29, 2010, pur- 0074] [92220-1113-0000; ABC Code: C6] (RIN: pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1018-AX37) received November 15, 2010, pursu- mittee on Veterans’ Affairs. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10703. A letter from the Secretary, Depart- mittee on Ways and Means. on Natural Resources. ment of Health and Human Services, trans- 10714. A letter from the Chief, Publications 10694. A letter from the Deputy Assistant mitting the Department’s Annual Report On and Regulations Branch, Internal Revenue Secretary, Land and Minerals Management, Child Welfare Outcomes 2004-2007, pursuant Service, transmitting the Service’s final rule Department of the Interior, transmitting the to Public Law 105-89, section 203(a) (111 Stat. — Modification of Section 833 Treatment of Department’s final rule — Promotion of De- 2127); to the Committee on Ways and Means. Certain Health Organizations [Notice 2010-79] velopment, Reduction of Royalty Rates for 10704. A letter from the Chief, Trade and received November 29, 2010, pursuant to 5 Stripper Well and Heavy Oil Properties Commercial Regulations Branch, Depart- U.S.C. 801(a)(1)(A); to the Committee on [LLWO310000.L13100000.PP0000-241A.00] (RIN: ment of Homeland Security, transmitting Ways and Means. 1004-AE04) received November 15, 2010, pursu- the Department’s final rule — Technical Cor- 10715. A letter from the Chair, Council on ant to 5 U.S.C. 801(a)(1)(A); to the Committee rections to Customs and Border Protection Environmental Quality Director, Office of on Natural Resources. Regulations [CBP Dec. 10-33] received No- Science and Technology Policy, Executive 10695. A letter from the Financial Assist- vember 15, 2010, pursuant to 5 U.S.C. Office of the President, transmitting 2008- ance Program Manager, Office of Acquisition 801(a)(1)(A); to the Committee on Ways and 2009 Federal Ocean and Coastal Activities and Property Management, Department of Means. Report to the U.S. Congress, pursuant to the Interior, transmitting the Department’s 10705. A letter from the Chief, Trade and Public Law 106-256, section 5; jointly to the final rule — Department of the Interior Im- Commerical Regulations Branch, Depart- Committees on Natural Resources, Science plementation of OMB Guidance on Drug-Free ment of Homeland Security, transmitting and Technology, and Transportation and In- Workplace Requirements (Financial Assist- the Department’s final rule — Technical Cor- frastructure.

VerDate Mar 15 2010 03:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L07DE7.000 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE December 7, 2010 CONGRESSIONAL RECORD — HOUSE H8089 REPORTS OF COMMITTEES ON GEORGE MILLER of California, Mr. ADDITIONAL SPONSORS PUBLIC BILLS AND RESOLUTIONS COSTA, Mr. MORAN of Kansas, Mr. LANCE, Ms. SCHWARTZ, Mr. PITTS, Under clause 7 of rule XII, sponsors Under clause 2 of rule XIII, reports of Mrs. BIGGERT, Mr. LINCOLN DIAZ- were added to public bills and resolu- committees were delivered to the Clerk BALART of Florida, Mr. MCGOVERN, tions as follows: for printing and reference to the proper Mrs. CAPPS, Mr. AL GREEN of Texas, H.R. 997: Mr. COFFMAN of Colorado. calendar, as follows: Mr. ROTHMAN of New Jersey, Mr. SMITH of New Jersey, Ms. DELAURO, H.R. 1326: Mr. DICKS. Mr. WAXMAN: Committee on Energy and Mrs. MALONEY, Mr. PETERS, Ms. H.R. 2103: Mr. SCHOCK. Commerce. H.R. 3655. A bill to direct the FUDGE, and Ms. SCHAKOWSKY): Federal Trade Commission to establish rules H.R. 2412: Mr. BERMAN. H. Res. 1751. A resolution mourning the to prohibit unfair or deceptive acts or prac- H.R. 4278: Ms. FUDGE, Mr. MCINTYRE, and loss of life and expressing condolences to the tices related to the provision of funeral serv- Mr. SENSENBRENNER. families affected by the tragic forest fire in ices; with an amendment (Rept. 111–672). Re- Israel that began on December 2, 2010; to the H.R. 4371: Mr. NYE and Mr. HOLT. ferred to the Committee of the Whole House Committee on Foreign Affairs. considered H.R. 4594: Mr. MILLER of North Carolina. on the State of the Union. and agreed to. considered and agreed to. H.R. 4746: Mrs. MCMORRIS RODGERS. Mr. WAXMAN: Committee on Energy and By Mr. DAVIS of Kentucky: H.R. 5319: Mr. FORBES. Commerce. H.R. 4501. A bill to require cer- H. Res. 1753. A resolution commending H.R. 5338: Mr. BROWN of South Carolina, tain return policies from businesses that North Pointe Elementary in Hebron, Ken- Mr. BISHOP of Utah, Mr. MILLER of Florida, purchase precious metals from consumers tucky, for its multidisciplinary study and se- and Mr. CARTER. and solicit such transactions through an lection of a National Invertebrate; to the Internet website; with an amendment (Rept. Committee on Education and Labor. H.R. 5933: Ms. SUTTON, Mr. OWENS, and Mr. 111–673). Referred to the Committee of the By Mr. GARRETT of New Jersey (for PIERLUISI. Whole House on the State of the Union. himself, Mr. FRANKS of Arizona, Mrs. H.R. 5987: Ms. WASSERMAN SCHULTZ. Mr. POLIS: Committee on Rules. House MCMORRIS RODGERS, Mr. BISHOP of H.R. 6017: Mr. MARKEY of Massachusetts. Resolution 1752. Resolution waiving a re- Utah, Mr. LAMBORN, Mrs. BACHMANN, H.R. 6060: Mr. SHULER and Mr. FRANK of quirement of clause 6(a) of rule XIII with re- Mr. BURTON of Indiana, Mr. GOOD- Massachusetts. spect to consideration of certain resolutions LATTE, Mr. KING of Iowa, Mr. H.R. 6153: Mr. CARNAHAN. reported from the Committee on Rules, and GOHMERT, Mr. NEUGEBAUER, Mrs. providing for consideration of motions to SCHMIDT, Mr. PRICE of Georgia, Mr. H.R. 6249: Mr. TIERNEY and Mr. SNYDER. suspend the rules. (Rept. 111–674). Referred to FLAKE, Mr. MCHENRY, Mr. WILSON of H.R. 6379: Mr. PAYNE. the House Calendar. South Carolina, Mr. MANZULLO, Mr. H.R. 6406: Mr. CHAFFETZ and Mr. GARRETT f BARTLETT, Mr. POSEY, Mr. OLSON, Mr. of New Jersey. ROONEY, Mr. BARTON of Texas, Mr. H.R. 6415: Mr. GOHMERT, Mr. GARRETT of PUBLIC BILLS AND RESOLUTIONS ROE of Tennessee, Mr. GINGREY of New Jersey, Mr. GOODLATTE, and Mr. Georgia, Mr. GRAVES of Georgia, Mr. Under clause 2 of rule XII, public HENSARLING. COLE, Mr. AKIN, Mrs. BLACKBURN, Mr. H.R. 6437: Ms. ROYBAL-ALLARD. bills and resolutions of the following SAM JOHNSON of Texas, Mr. titles were introduced and severally re- LUETKEMEYER, Mr. REED, Mr. THOMP- H.R. 6440: Mr. FORBES. ferred, as follows: SON of Pennsylvania, Mr. PITTS, Mr. H.R. 6484: Mr. CHAFFETZ, Mrs. MCMORRIS By Mr. RUSH: MCKEON, Ms. FOXX, Mr. MACK, Mr. RODGERS, and Mrs. MYRICK. H.R. 6496. A bill to require reports on the CONAWAY, Mr. CHAFFETZ, and Mr. H.R. 6494: Mr. ANDREWS, Mr. ADLER of New management of Arlington National Ceme- BROUN of Georgia): Jersey, Mr. LOBIONDO, Mr. ROTHMAN of New tery; to the Committee on Veterans’ Affairs. H. Res. 1754. A resolution amending the Jersey, Mr. SMITH of New Jersey, Mr. KIND, By Mr. BERMAN (for himself and Mr. Rules of the House of Representatives to re- and Ms. MOORE of Wisconsin. quire the citation of the specific powers LINCOLN DIAZ-BALART of Florida): H.J. Res. 97: Mr. ISSA. granted to Congress in the Constitution be H.R. 6497. A bill to authorize the cancella- H. Con. Res. 267: Mr. BILIRAKIS. tion of removal and adjustment of status of included in introduced bills and joint resolu- H. Con. Res. 291: Mr. OLVER, Mr. MAN- certain alien students who are long-term tions as a basis for enacting the laws pro- ZULLO, Mr. BILIRAKIS, and Mr. POE of Texas. United States residents and who entered the posed by such bills and joint resolutions, in- United States as children, and for other pur- cluding amendments and conference reports; H. Con. Res. 331: Ms. SCHWARTZ, Mr. ROTH- poses; to the Committee on the Judiciary, to the Committee on Rules. MAN of New Jersey, Mr. ISRAEL, Ms. SCHAKOWSKY, and Mr. HOLT. and in addition to the Committees on Armed f Services, Ways and Means, Education and H. Res. 1507: Mr. CAPUANO. Labor, and Homeland Security, for a period MEMORIALS H. Res. 1540: Mr. THOMPSON of California. to be subsequently determined by the Speak- Under clause 4 of rule XXII, memo- H. Res. 1572: Mr. WU. er, in each case for consideration of such pro- rials were presented and referred as fol- H. Res. 1704: Mr. ANDREWS, Mr. ISRAEL, Ms. visions as fall within the jurisdiction of the lows: LORETTA SANCHEZ of California, Mr. ENGEL, committee concerned. Mr. POE of Texas, Mr. HINCHEY, Ms. GIF- By Mrs. MCCARTHY of New York: 403. The SPEAKER presented a memorial FORDS, Mr. LANGEVIN, Mr. SMITH of New Jer- H.R. 6498. A bill to amend the Child Abuse of the House of Representatives of the State sey, and Mr. RYAN of Ohio. Prevention and Treatment Act to determine of South Dakota, relative to House Bill 1135 the extent to which reports of suspected or rescinding all previous applications of the H. Res. 1705: Ms. DELAURO and Mr. SIRES. known instances of child abuse or neglect in- State of South Dakota for the calling of a H. Res. 1717: Ms. ROS-LEHTINEN, Mr. HOLT, volving a potential combination of jurisdic- federal constitutional convention to amend Mr. MORAN of Virginia, Mr. CAPUANO, Mr. tions, such as intrastate, interstate, Federal- the Constitution of the United States; to the LEVIN, Mr. LIPINSKI, Mr. SHULER, and Mr. State, and State-Tribal, are screened out Committee on the Judiciary. BURTON of Indiana. solely on the basis of the cross-jurisdictional 404. Also, a memorial of the House of Rep- H. Res. 1722: Mr. MORAN of Virginia, Mr. complications, and for other purposes; to the resentatives of the State of Michigan, rel- VAN HOLLEN, and Mr. HONDA. ative to House Resolution No. 296 memori- Committee on Education and Labor. H. Res. 1725: Ms. SCHAKOWSKY, Ms. CHU, alizing the Congress and the President to By Mr. KLEIN of Florida (for himself, Mrs. MILLER of Michigan, Mr. CARNAHAN, Mr. pass and sign H.R. 5312; jointly to the Com- Mr. KING of New York, Mr. BERMAN, MCINTYRE, Mr. INGLIS, Mr. ROHRABACHER, mittees on Oversight and Government Re- Ms. ROS-LEHTINEN, Mr. ACKERMAN, and Mr. BOOZMAN. Mr. BURTON of Indiana, Mr. WAXMAN, form, Ways and Means, and Transportation H. Res. 1727: Mr. SHERMAN, Mr. CAMP, and Mr. ISRAEL, Mrs. MCMORRIS RODGERS, and Infrastructure. Mr. YOUNG of Florida. Mr. DEUTCH, Mr. ENGEL, Ms. f AMBORN NGEL WASSERMAN SCHULTZ, Mr. MARKEY of H. Res. 1734: Mr. L , Mr. E , Mr. KLINE of Minnesota, Mr. RADANOVICH, Mr. Massachusetts, Mr. MCCLINTOCK, Mr. PRIVATE BILLS AND LINDER, Mr. HERGER, Mrs. MCMORRIS ROD- HOLT, Mr. HODES, Mr. LAMBORN, Mr. RESOLUTIONS CHAFFETZ, Mr. LEVIN, Mr. QUIGLEY, GERS, Mr. PETERS, and Mr. ROSKAM. Mr. COHEN, Ms. RICHARDSON, Ms. Under clause 3 of rule XII, H. Res. 1743: Ms. SCHWARTZ, Mr. MARKEY of BORDALLO, Ms. BERKLEY, Mr. SHULER, Mr. CONYERS introduced a bill (H.R. 6499) Massachusetts, Ms. MOORE of Wisconsin, Ms. Mr. HASTINGS of Florida, Mr. GRAY- for the relief of Celina Hernandez; which was WASSERMAN SCHULTZ, Mr. GRIJALVA, Mr. SON, Mr. NADLER of New York, Mr. referred to the Committee on the Judiciary. DOGGETT, and Mr. BERMAN.

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\A07DE7.014 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE H8090 CONGRESSIONAL RECORD — HOUSE December 7, 2010 PETITIONS, ETC. Recommendation 111 urging state, terri- 100C urging federal, state, territorial, tribal Under clause 3 of rule XII, petitions torial, and tribal governments to eliminate and local governments to provide funding to all of their legal barriers to civil marriage state and federal public defender offices and and papers were laid on the clerk’s between two persons of the same sex; to the desk and referred as follows: legal aid programs; to the Committee on the Committee on the Judiciary. Judiciary. 176. The SPEAKER presented a petition of 177. Also, a petition of the American Bar the American Bar Association, relative to Association, relative to Recommendation

VerDate Mar 15 2010 04:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\L07DE7.002 H07DEPT1 jbell on DSKDVH8Z91PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, TUESDAY, DECEMBER 7, 2010 No. 160 Senate The Senate met at 10:01 a.m. and was The assistant legislative clerk read The legislative clerk proceeded to called to order by the Honorable TOM the following letter: call the roll and the following Senators UDALL, a Senator from the State of U.S. SENATE, entered the Chamber and answered to New Mexico. PRESIDENT PRO TEMPORE, their names: Washington, DC, December 7, 2010. [Quorum No. 6] PRAYER To the Senate: Akaka Dorgan McConnell The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, Alexander Durbin Menendez fered the following prayer: of the Standing Rules of the Senate, I hereby Barrasso Enzi Merkley Let us pray. appoint the Honorable TOM UDALL, a Senator Begich Feingold Mikulski Eternal Lord God, You are our refuge from the State of New Mexico, to perform Bennet Feinstein Murkowski the duties of the Chair. Bennett Franken Murray and strength, a very present help in DANIEL K. INOUYE, Bingaman Gillibrand Nelson (NE) trouble. Because of You, we need not President pro tempore. Bond Grassley Nelson (FL) fear, though the Earth be removed and Boxer Gregg Pryor Mr. UDALL of New Mexico thereupon Brown (MA) Hagan Reed though the mountains be carried into assumed the chair as Acting President Brown (OH) Hatch Reid the midst of the sea. pro tempore. Bunning Inouye Risch On this day when we remember Pearl Burr Isakson Roberts Harbor, we thank You for the protec- f Cantwell Johanns Rockefeller Cardin Johnson Schumer tion of Your loving providence. You RECOGNITION OF THE MAJORITY Carper Kerry Sessions protect us from dangers seen and un- LEADER Casey Kirk Snowe seen. You sustain this Nation through Chambliss Klobuchar Stabenow The ACTING PRESIDENT pro tem- Coburn Kyl Tester seasons of distress and grief. You raise Collins Leahy Thune up leaders who possess the strength, pore. The majority leader is recog- Conrad LeMieux Udall (NM) wisdom, and courage we need to meet nized. Coons Levin Vitter challenges. You are a generous and Corker Lugar Voinovich f Cornyn Manchin Warner awesome God. May the memories of SCHEDULE Crapo McCain Webb Your watch care infuse us with opti- DeMint McCaskill Wyden mism about what the future holds. Mr. REID. Mr. President, Senators Mr. REID addressed the Chair. Keep us from fearing impending storms should be prepared to be in the Cham- The PRESIDENT pro tempore. The by reminding us about the way You ber throughout the day on the im- majority leader is recognized. have led us in the past. peachment trial of Judge G. Thomas Mr. REID. Is a quorum present? Today, use our lawmakers, the mem- Porteous, Jr. At 12:30 p.m., the Senate The PRESIDENT pro tempore. A bers of their staff, and the thousands will proceed to legislative session for a quorum is present. period of morning business, with Sen- who work on Capitol Hill for Your COURT OF IMPEACHMENT glory. Especially guide our Senators ator LEMIEUX permitted to speak for The PRESIDENT pro tempore. Under during this impeachment process. up to 15 minutes. Following his re- the previous order, the hour of 10:12 We pray in Your great Name. Amen. marks, the Senate will recess until 2:30 a.m. having arrived and a quorum hav- f p.m. to allow for the weekly caucus ing been established, the Senate will meetings. When the Senate reconvenes, PLEDGE OF ALLEGIANCE resume its consideration of the Arti- there will be a mandatory live quorum cles of Impeachment against Judge G. The Honorable TOM UDALL led the to resume the court of impeachment. Pledge of Allegiance, as follows: Thomas Porteous, Jr. There may be another live quorum at The House managers and Judge I pledge allegiance to the Flag of the 5:30 this evening to begin the closed Porteous and counsel will please make United States of America, and to the Repub- session deliberations. lic for which it stands, one nation under God, their entry before the proclamation is indivisible, with liberty and justice for all. f made. (The House managers, Judge f IMPEACHMENT OF JUDGE G. Porteous, and counsel proceeded to the THOMAS PORTEOUS, JR. APPOINTMENT OF ACTING seats assigned to them in the well of PRESIDENT PRO TEMPORE CALL OF THE ROLL the Chamber.) The PRESIDING OFFICER. The Mr. REID. Mr. President, I suggest THE JUDGE AND HIS COUNSEL clerk will please read a communication the absence of a quorum. 1. Judge Gabriel Thomas Porteous, Jr. to the Senate from the President pro The ACTING PRESIDENT pro tem- 2. Jonathan Turley tempore (Mr. INOUYE). pore. The clerk will call the roll. 3. Daniel Schwartz

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

S8559

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VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.000 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8560 CONGRESSIONAL RECORD — SENATE December 7, 2010 4. P.J. Meitl peachment trials. Those Senators who The two newly elected Senate Members 5. Daniel O’Connor were not present to take the oath and also should be sworn now. THE HOUSE OF REPRESENTATIVES MANAGERS those who had been elected to this The PRESIDENT pro tempore. Those 6. Adam Schiff (D–CA) body since the oath was administered, Senators who have not taken the oath 7. Bob Goodlatte (R–VA) should be sworn today. will now rise, raise their right hands, 8. Henry C. ‘‘Hank’’ Johnson, Jr. (D–GA) However, before the oath is adminis- and be sworn. 9. Jim Sensenbrenner (R–WI) tered to these Senators not yet sworn, 10. Zoe Lofgren (D–CA) Do you solemnly swear that in all things there is one preliminary matter to be appertaining to the trial of impeachment of SPECIAL IMPEACHMENT COUNSEL TO THE HOUSE addressed. The Senator from Illinois, G. Thomas Porteous, Jr., Judge of the United MANAGERS Mr. KIRK, was a Member of the House States District Court for the Eastern Dis- 11. Alan Baron of Representatives during this Con- trict of Louisiana, now pending, you will do 12. Harold Damelin gress when the House voted on the Ar- impartial justice according to the Constitu- 13. Mark Dubester tion and laws, so help you God? 14. Kirsten Konar ticles of Impeachment. If the Senator wishes to make a statement about his SENATORS. I do. STAFF TO THE HOUSE MANAGERS participation in the Senate phase of The PRESIDENT pro tempore. The 15. Jeffrey Lowenstein (Schiff) this impeachment, this would be an ap- majority leader is recognized. 16. Branden Ritchie (Goodlatte) Mr. REID. Thank you, Mr. President. 17. Elisabeth Stein (Johnson) propriate time to do so. The PRESIDENT pro tempore. The The Secretary will note the names of 18. Michael Lenn (Sensenbrenner) the Senators who have just taken the 19. Ryan Clough (Lofgren) Chair recognizes the junior Senator oath, and if these Senators will now SENATE LEGAL COUNSEL from Illinois. Mr. KIRK. Mr. President, I was a present themselves to the desk, the 20. Morgan Frankel Member of the House of Representa- Secretary will present to them for sig- 21. Pat Bryan nature the book, which is the Senate’s 22. Grant R. Vinik tives at the time the Articles of Im- 23. Thomas E. Caballero peachment were proffered against permanent record of the taking of the impeachment oath by Members of this SENATE STAFF Judge G. Thomas Porteous, Jr. On March 11, 2010, I voted in favor of all body. 24. Derron R. Parks Mr. President, on March 17, 2010, the 25. Thomas L. Lipping four Articles of Impeachment in the 26. Justin Kim House, as recorded in rollcall votes 102, President pro tempore appointed, pur- 27. Rebecca Seidel 103, 104, and 105. I have given careful suant to S. Res. 458, Senators MCCAS- 28. Erin P. Johnson consideration to this matter and con- KILL, HATCH, KLOBUCHAR, WHITEHOUSE, 29. Paul Lake Dishman IV sulted with other Members of the Sen- UDALL of New Mexico, SHAHEEN, Kauf- 30. Susan Smelcer ate about the Senate’s historical prac- man, BARRASSO, DEMINT, JOHANNS, 31. Stephen Hedger tice. Because I believe the judge is en- RISCH, and WICKER to perform the du- 32. Chris Campbell titled to a full and fair hearing in the ties provided for by rule XI, the Sen- 33. Paige Herwig ate’s impeachment rules. 34. Stephen C.N. Lilley Senate and to avoid any possible con- 35. Justin G. Florence flict of interest, I have concluded that Under the leadership of its chairman, 36. Matthew T. Nelson under the circumstances, it would be the Senator from Missouri, Mrs. 37. Thomas J. Maloney inappropriate for me to participate in MCCASKILL, and its vice chairman, Mr. 38. Nhan Nguyen the Senate trial and vote again on mat- HATCH, the committee heard 5 days of 39. Erica Suares ters related to the impeachment, hav- testimony between September 13 and 40. Bryn Stewart ing already done so as a Member of the September 21. During that time, the 41. Emily Ferris House of Representatives. committee heard from 26 witnesses, 14 42. Michelle Weber who were called by the House of Rep- 43. Jason Bohrer Therefore, I request that I be recused 44. Lori Hamamoto from sitting as a Member of the Senate resentatives and 12 witnesses who were 45. Van Luong while it hears the matter of impeach- called by Judge Porteous. The com- 46. Marie Blanco ment proceedings against Judge mittee also conducted pretrial deposi- The PRESIDENT pro tempore. The Porteous. tions of four witnesses and admitted Sergeant at Arms will make the proc- The PRESIDENT pro tempore. Mr. into evidence the testimony of a num- lamation. KIRK is excused from further participa- ber of witnesses, including Judge The Sergeant at Arms, Terrance W. tion in this impeachment for the rea- Porteous, who had testified in prior Gainer, made the proclamation, as fol- sons stated. proceedings, more than 300 factual stip- lows: The majority leader is recognized. ulations and hundreds of exhibits. Mr. REID. Mr. President, I would The Senate is indebted to all of the Hear ye, hear ye, hear ye, All persons are commanded to keep silent, on pain of impris- first ask that the House managers and members of this committee who so onment, while the House of Representatives Judge Porteous and counsel will take conscientiously discharged their re- is exhibiting to the Senate of the United their seats. There is no reason, at this sponsibility in this important constitu- States Articles of Impeachment against G. time, to remain standing. tional matter. In addition to the com- Thomas Porteous, Jr., judge of the United OATH ADMINISTERED TO NEWLY ELECTED mittee’s leadership, I would like to States District Court for the Eastern Dis- MEMBERS take particular note of the contribu- trict of Louisiana. Mr. President, the remaining pre- tion of Senator Kaufman, who actively The PRESIDENT pro tempore. The liminary matter is to administer the participated in the committee’s pro- Chair recognizes the majority leader. impeachment oath to the other newly ceedings, although his tenure in the Mr. REID. Mr. President, on March elected Members of the Senate and any Senate concluded before the committee 17, 2010, the House of Representatives Member of the Senate who did not take filed the report of its proceedings in exhibited to the Senate four Articles of the oath when the Articles of Impeach- the Senate. Impeachment against U.S. District ment were first exhibited. The committee filed its report on No- Judge G. Thomas Porteous, Jr., of the Article I, section 3, clause 6 of the vember 15, and the report was received Eastern District of Louisiana. Judge Constitution provides, in part: as Senate report 111–347. In accordance Porteous was summoned to answer, The Senate shall have the sole Power to with impeachment rule XI, the com- which he did on April 7, 2010, and the try all Impeachments. When sitting for that mittee certified the Senate hearing re- House of Representatives filed a reply Purpose, they shall be on Oath or Affirma- port 111–691, which reprints the com- to the answer on April 17, 2010, and tion. mittee’s proceedings, is a transcript of amended the reply on April 22, 2010. The impeachment oath that was the proceedings and testimony had and On the same day that the Articles of taken by Members of the Senate earlier given before the committee. Impeachment were exhibited to the in this session remains in effect. The Before proceeding further, I would Senate, Members present in the Cham- four current Members who did not take like to verify with the Presiding Offi- ber were administered the oath, as re- the oath at that time have been so ad- cer that the evidence and the testi- quired by the Constitution for im- vised by the Secretary of the Senate. mony received by the Senate from the

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.002 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8561 committee shall, as prescribed in rule the parties to the committee, which Law at George Washington University XI: are on the desks of all Members. In ac- and counsel to the Honorable G. Thom- be considered to all intents and purposes, cordance with the unanimous consent as Porteous, Jr., a judge of the U.S. subject to the right of the Senate to deter- agreement, each side will be permitted District Court for the Eastern District mine competency, relevancy and materi- no more than 1 hour to present its ar- of Louisiana. Joining me at counsel’s ality, as having been received and taken be- gument on the motions. table with Judge Porteous are my col- fore the Senate . . . Upon the conclusion of argument on leagues from the law firm of Bryan Will the Presiding Officer advise the the motions, the Senate will then turn Cave: Daniel Schwartz, P.J. Meitl, and Senate whether this is correct? to hearing final arguments by the par- Daniel O’Connor. The PRESIDENT pro tempore. The ties on the Impeachment Articles. As the majority leader has told you majority leader is correct. The testi- Under impeachment rule XXII, final ar- and as many of you know, the Porteous mony and other evidence reported by gument will be open and closed by the impeachment has raised a number of the committee will be considered, in House. By unanimous consent, each constitutional issues that are rather accordance with impeachment rule XI, party shall have up to 11⁄2 hours to unique and of considerable concern as having been received and taken be- present final argument on the merits. among law professors and legislators fore the Senate. As the Senate has done in the past, alike. The three motions before you The majority leader is recognized. we have provided that counsel may today are designed to put these issues Mr. REID. Thank you again, Mr. face the full Senate during these pres- squarely before you. President. Rule XI provides that the entations. They should remain mind- We understand that the Members can Senate’s receipt of evidence reported ful, nevertheless, that the proceedings choose not to vote on these motions by the committee is subject to the Sen- are under the direction of the Presiding and you can, in fact, reject an article ate’s right to determine competency, Officer. On their part, Senators should or an allegation in light of these con- relevancy, and materiality. Further, recall that any questions they have of stitutional concerns. However, these the same rule explicitly provides that counsel should, pursuant to impeach- are issues that do not turn on the facts nothing in it prevents the Senate from ment rule XIX, ‘‘be reduced to writing, of this case. Rather, they present sending for any witness and hearing and put by the Presiding Officer.’’ threshold questions for each Senator in that witness’s testimony in open Sen- There is assistance available in the re- deciding whether to establish new ate or, by order of the Senate, having spective cloakrooms to aid Members in precedent in the scope and the meaning the entire trial before the full Senate. putting the questions in writing. Ques- of impeachable offenses. I would ask the Presiding Officer to tions may be sent to the Chair during The first motion before you today is advise the Senator whether, following the argument, for reading by the Chair a motion to exclude, as a basis for the the report of the committee, any mo- at the appropriate times. removal of a Federal judge, any so- tions have been filed asking that any The managers, on behalf of the House called pre-Federal allegations; that is, witnesses be heard in open Senate. of Representatives—Representative conduct that allegedly occurred before The PRESIDENT pro tempore. In re- SCHIFF, Representative GOODLATTE, Judge Porteous became a Federal sponse to the majority leader, neither and Representative JOHNSON, Rep- judge. This motion primarily deals party, following the report of the com- resentative SENSENBRENNER, and spe- with article II, which is widely recog- mittee, has moved that any witness be cial impeachment counsel to the House nized as a pre-Federal claim and the called in open Senate, and the Senate Alan Baron are present at the man- focus of much discussion nationally. may now proceed to hear final argu- agers’ table. Jonathan Turley, Daniel Second is a motion to exclude, as a ments on the basis of the record re- C. Schwartz, P.J. Meitl, Daniel T. basis for removal, that Judge Porteous ported by its committee. O’Connor, and Ian Barlow are counsel deprived litigants and the public of the The majority leader is recognized to Judge Porteous and are present with right to his so-called honest services. again. him. The Supreme Court recently rejected Mr. REID. Mr. President, the parties Mr. President, motions will be argued that very theory as unconstitutionally have filed their final written briefs and first by Jonathan Turley, counsel to vague. We believe the Senate should do the Senate is now ready to hear argu- the judge, who is the moving party. By likewise. ments. the unanimous consent order, argu- Third, and finally, there is a motion Prior to consideration of the Articles ment on the motions on behalf of the for preliminary votes on each of the of Impeachment, Judge Porteous has House will be divided between Rep- multiple allegations contained in the requested time to present argument on resentative SCHIFF and Representative House’s Articles of Impeachment. As three motions that take issue with the GOODLATTE. Mr. Turley may, under the we will discuss, those articles are sufficiency under the Constitution of unanimous consent agreement, reserve grossly aggregated, meaning that each several aspects of the Impeachment Ar- a portion of Judge Porteous’s time for article contains numerous separate al- ticles framed by the House. First, rebuttal. legations. This long-simmering dispute Judge Porteous has moved to dismiss For the argument on the articles, the between the House and the Senate Article II, or for alternative relief, managers will likewise divide their came to a boiling point in these arti- based on the House’s inclusion of alle- time between the two managers, and cles with the unprecedented use of gations of misconduct occurring prior Mr. Turley will present argument on what we refer to as the ‘‘aggregation to the commencement of the Judge’s behalf of Judge Porteous. Under im- tactic.’’ Federal service as a U.S. district judge. peachment rule XXII, the House will Equally important to the relief that Second, Judge Porteous has moved to open and close final argument in the Judge Porteous is requesting is what dismiss article I, or for alternative re- impeachment articles. he is not requesting. We have tailored lief, based on the House’s inclusion of The PRESIDENT pro tempore. We these motions so we are not requesting unconstitutionally vague allegations are now ready to hear motions. Mr. the dismissal of any articles in their that Judge Porteous’s conduct deprived Turley will open the arguments in sup- entirety. Instead, Judge Porteous re- the public of its right to the honest port of the motions to dismiss. quests that Senate deliberation be con- services of his office. Third, Judge Mr. Turley, how much time do you fined only to those allegations that Porteous objects to the manner in wish to reserve for rebuttal? constitute valid bases for removal which each Article of Impeachment Mr. TURLEY. We would like to re- under the U.S. Constitution. was framed to aggregate discrete alle- serve 10 minutes for rebuttal. Throughout history, Senators have gations of misconduct. He accordingly The PRESIDENT pro tempore. Ten expressed their primary concern over moves to dismiss the Articles of Im- minutes. It is so ordered. You may pro- the precedent set by impeachment peachment or seeks alternative cura- ceed. cases and the implications of their de- tive relief. The parties’ written argu- Mr. TURLEY. Thank you. Mr. Presi- cisions that are reached in this Cham- ments on those legal issues are ad- dent and Members of the Senate, my ber for future cases. This care is shown dressed in their post-trial briefs, as name is Jonathan Turley, and I am the in the fact that in 19 impeachments to well as the motion papers submitted by Shapiro Professor of Public Interest reach this body in history, only 7 ended

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.010 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8562 CONGRESSIONAL RECORD — SENATE December 7, 2010 in convictions. Your predecessors ac- turies, largely because of the work of Senators at the time felt strongly cepted that the impeachment clauses your predecessors, who have rejected enough about the issue to publicly contain an implied Hippocratic Oath articles that allege pre-Federal con- speak about the impropriety of seeking under the Constitution. Your duty, duct. pre-Federal causes for removal. first and foremost, is to do no harm—to In 1912, in the impeachment of Judge Thirty-two Senators sat out the vote do no harm—to the courts and to do no Robert Archbald, the Senate explicitly on that catch-all article 13 in the harm to the Constitution. Indeed, in all rejected the theory of removing an in- Archbald case, and many publicly stat- of the impeachment cases resulting in dividual for conduct occurring before ed the reason they were sitting out acquittal, the Senators found much to he took Federal office for which the that vote was because it contained in condemn in the conduct of the accused. House was seeking removal. that whole list some of the pre-Federal They simply didn’t find impeachable In the Archbald case, there were 13 conduct. However, the judge had al- offenses. Articles of Impeachment. The first six ready been convicted of six articles With that brief introduction, I would dealt with alleged misconduct in the that contained Federal conduct. So by like to turn to the first motion before office for which he was being sought to a vote of just two, with these Senators the Senate in which Judge Porteous be removed. The next six dealt with sitting out the vote, that article was asks for the exclusion of pre-Federal conduct that allegedly occurred before approved. allegations. he entered that office. And the last ar- Article II would eradicate over two The first motion deals with the most ticle was something that is called a centuries of precedent, and for what dangerous aspect of the Articles of Im- ‘‘catch-all’’ provision. That combined purpose? The House alleges Federal peachment. The House, through article all of the 12 earlier provisions into one. rather than pre-Federal conduct in ar- II, and to some degree through article Archbald was acquitted on all six ar- ticle III and article IV. Even article I I, is seeking to have Judge Porteous re- ticles that focused on conduct prior to has some Federal claims. We are eager moved on the basis of conduct that al- his assuming a seat on the circuit to reach those issues, and they offer an legedly occurred before he became a court. All six were defeated in this ample basis for the review and, yes, Federal judge. Chamber. possible removal of a judge without The House’s pre-Federal charges in These were not close votes, with the opening the Federal bench—and all this case are in direct contradiction House receiving no more than 29 votes other Federal offices—to pre-Federal with decades of precedent from this for conviction on those pre-Federal ar- attacks. body and would, in fact, violate the ticles and averaged a rather high 64- One statement in the Archbald case text of the U.S. Constitution. percent rate for acquittal. Many Sen- stands out particularly prophetic and In the history of this Republic, no ators rose to amplify the reasons they relevant. When confronted with the one has ever been removed from office rejected those articles. pre-Federal conduct, Senator Stone of on the basis of pre-Federal conduct—no Senator Bryan of Florida stated: Missouri rose to give the following one. I am convinced that articles of impeach- warning to his colleagues, and by ex- The pre-Federal claims are an at- ment lie only for conduct during the term of tension to you, his successors: tempt by the House to secure impeach- office being filled. It would not be difficult to conceive a case ment at any cost, at the cost of the Senator Brandegee of Connecticut where under great pressure, when the coun- constitutional standard itself to re- stated: try was in the state of high political excite- ment and when some supposed political exi- move a previously disciplined judge I vote not guilty because it alleges of- gency was influencing a partisan public opin- just months before his retirement. fenses, some of which are alleged to have ion, a hostile partisan majority might hark The logic of this article is much like been committed by the respondent while he back to some alleged misbehavior of a judge. the story my father used to tell me was in an office he does not hold at the about a man who comes across a present and did not hold at the time the arti- Now, one can certainly imagine a pe- stranger on his hands and knees one cles were adopted. riod of ‘‘high political excitement’’ if night looking for his wedding ring Senator DuPont of Delaware said: you tried hard enough. The point is under a lamppost. He joins the man, My vote of not guilty upon the article of that despite the rhetoric and passions searches for an hour, and then turns to impeachment was based upon the fact that of periods of great political upheaval, him and says: ‘‘You know, Mister, I the offenses were alleged to have been com- Senators have stepped forward to pro- don’t see it anywhere. Are you sure you mitted when he was not holding his present tect our core constitutional values and dropped it here?’’ office. standards. This is why the Framers And the stranger responds, ‘‘Oh, no, Senator Works of California said: gave Senators long terms and large no, no, I lost it down the street, but the I am of the opinion that the respondent constituencies—to allow them to resist light is better here.’’ can not be impeached for offenses committed the passions and distemper of contem- Unable to find a crime during Federal before his appointment to the present office. porary politics. service, the House managers just de- Senator Catron of New Mexico said: Once the Senate allows the House to cided to look elsewhere down the road, I do not believe the House of Representa- cross this constitutional Rubicon for before he became a Federal judge. tives had the right to go back of the present the first time, Congress would be able It does not appear to matter that ex- office held by Judge Archbald to hunt up any to dredge up any pre-Federal conduct perts and the Congressional Research of his acts to charge against him so as to re- to strip the bench of unpopular judges Service warned that no individual—not move him from the office he now holds. or to remove other Federal officials at a President, not a Vice President, not a Senator Crawford of South Dakota the whim of the House. It would raise Federal judge, not a Cabinet member— stated: the very real possibility that an un- has ever been removed on this basis. I find the respondent guilty of misconduct, popular opinion issued by a Federal In order to open the Federal bench to but it occurred before he became the incum- judge or a Supreme Court Justice could removals for pre-Federal conduct, you bent in his present office. I do not believe trigger an impeachment based on al- must ignore the express language of impeachment can be sustained for the reason leged acts from decades of practice be- the Constitution itself, which refers to stated. fore taking office. Moreover, other conduct during Federal service, during Finally, Senator M’Cumber, North Federal officials, such as the Vice service in office. A judge is guaranteed Dakota, stated: President, or a Cabinet member, could life tenure under the Constitution Impeachment proceedings cannot lie be similarly confronted with pre-Fed- ‘‘during the behavior’’ in office. It is against a person for an act committed while eral conduct as a basis for removal. not a standard of good behavior in life. holding an official position for which he is I expect my esteemed colleagues It is a standard of good behavior in of- separated. from the House to raise again a rather fice. It requires misconduct during I could read more, but I think the old saw that if you accept the defense’s Federal service that justifies removal point is clear. The Senate specifically argument, the Senate would be pre- from that Federal office. dealt with this issue of pre-Federal cluded from removing someone who The standard fashioned by James conduct before and rejected it by a committed murder before taking office. Madison and others has stood for cen- large margin. A large percentage of Of course, an extreme hypothetical

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.011 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8563 like this points out the absurdity of I would like now to turn to perhaps he made misleading statements at the the case against Judge Porteous. In the most novel problem raised in this recusal hearing about his relationship this case, the Justice Department did impeachment: the reliance in article I with these two attorneys; third, that not even find evidence to bring a single on a theory that was rejected by the he ultimately denied a motion to charge of criminal wrongdoing. Once Supreme Court after the impeachment recuse. again, the House simply wants to go vote in the House. Now, the reason the House did not al- where the light is better. In this case, At issue is the honest services claim lege either bribery or kickbacks be- it wanted to go to a hypothetical place. that is at the heart of article I. Even came obvious when the defense was al- But to be blunt, in deference to my before this impeachment, honest serv- lowed to cross-examine the House wit- colleagues, I must say this is an non- ices claims were controversial in Fed- nesses before the Senate committee sensical argument from a constitu- eral court. Various judges, in fact, re- concerning article I, all of whom de- tional standpoint. The reason is that in jected this claim. nied any bribe or kickback scheme by a case of a pre-Federal murder, the While experts were predicting a re- Judge Porteous. Faced with various judge would likely be subject to trial jection in whole or in part of the the- House witnesses who insisted, univer- during his or her Federal term. If con- ory, the Supreme Court accepted three sally, that Judge Porteous was not and victed, a judge would likely be sen- cases dealing with honest services. The could not be bribed, the House turned tenced to life in prison. While the House was fully aware those cases had to a claim of ‘‘a scheme or artifice to crime may have predated his confirma- been accepted by the Supreme Court. deprive another of the intangible right tion, he became a convicted felon dur- The House was fully aware that lower of honest services.’’ ing his Federal service. That is the court judges had rejected this theory. In basing its allegations on this pro- basis for the removal. Further, the They simply took a gamble and decided vision of the Criminal Code—which is judge could not possibly serve in a time to take a risk and structured article I title 18, section 1346—the House fol- of good behavior given his conviction as an honest services claim. They lost lowed a longstanding precedent of and presumed incarceration. that gamble. When the court ruled in crafting articles to reflect actual The House, I believe, will also argue Skilling v. United States and two re- crimes. That, however, happened to be the reasons for the lack of any prece- lated cases, rejecting the use of this the provision that was rejected in dent of removals for pre-Federal con- theory in cases without express allega- Skilling. The House finalized and ap- duct. The record is rather telling. tions of bribery and kickbacks, neither proved article I in March 2010. That There hasn’t been such a case. Why? bribery nor kickbacks are alleged in means for months the House knew an The House will argue that the reason is article I. honest services claim could be rejected that people who are charged with pre- In fact, they are not mentioned in by the court and decided to rely on it Federal misconduct simply resign if it any of the articles. because it could not expressly claim a is serious. History repudiates that ar- Indeed, the House’s own witnesses Federal bribe or kickback. gument. It is simply not true. A num- testified that there was no such bribery The reason for the House’s ‘honest ber of individuals have had information or kickback scheme to influence Judge services’ gamble was obvious: Begin- about misconduct in their pre-Federal Porteous on the Federal—or, for that ning in the early 1990s—actually more lives revealed after they took office matter, on the State—bench. House in the late 1990s—the Justice Depart- and yet never faced impeachment. For managers are now going to ask the ment began what was called the Wrin- example, Supreme Court Justice Hugo Senate to cover their bad bet on kled Robe investigation. In the course Black admitted after his confirmation Skilling and ignore that the stated the- of that investigation, they conducted a that he was in fact at one time a mem- ory of article I was rejected by the Su- long-running grand jury investigation, ber of the Ku Klux Klan. There was preme Court as a viable criminal with plea bargains, countless sub- outrage with that disclosure; that con- claim. The dangerous implications of poenas and searches of judges in Lou- troversy had not been raised before such a vote are difficult to overstate. isiana. In the end, some judges were in- confirmation. The Senate has never removed a Fed- As our filings document, numerous dicted. However, the government, eral judge on the basis of a legal theory other Supreme Court Justices, as well which looked specifically at Judge specifically rejected by the Supreme as a bevy of other Federal officers, Porteous, as well as some of the other Court. If allowed, Congress could re- have had damaging information of this judges, found the evidence did not sup- kind revealed. Hugo Black did not face move Presidents, judges, Cabinet mem- port bringing an indictment against impeachment. bers on theories that they are barred as Judge Porteous for any crime. This body has removed only seven invalid in Federal court. Ironically, if Permit me to repeat: Judge Porteous judges in 206 years through the im- Judge Porteous were presiding in that had agreed to waive the statute of limi- peachment process and has never re- case, he would be bound by the rule of tations to allow the government to moved anyone for pre-Federal conduct. law to reject an indictment of a public bring a criminal charge against him. If you believe Judge Porteous com- official on this identical claim that is He decided that it would not be appro- mitted removable offenses as a Federal now being offered as the basis for his priate for a Federal judge to rely on judge, so be it—and he is here to be removal. the statute of limitations to protect judged himself—but do so on that basis House managers crafted article I himself from criminal charge. He of the remaining articles, not on arti- around the same theory of honest serv- signed three waivers to permit those cle II. ices as was advanced by the Federal charges, even though they could have It is a great burden and responsi- Government in the Skilling case. Arti- been blocked under the statute of limi- bility to stand before you not just as cle I alleges that Judge Porteous is tations. counsel for Judge Porteous, but as a ‘‘guilty of high crimes and mis- The Department of Justice then in- constitutional law scholar. The impor- demeanors and should be removed from vestigated and found insufficient evi- tance of article II transcends this case office’’ because, in connection with a dence to bring a charge of any kind— and, frankly, transcends this judge. It recusal motion—a recusal motion in a big or small—against Judge Porteous. is a direct attack on a constitutional single case—before him, he ‘‘deprived In declining to prosecute, the DOJ spe- standard that has guaranteed an inde- the parties and the public of the right cifically cited a host of rather funda- pendent judiciary for two centuries. to the honest services of his office.’’ mental problems in bringing such a Whatever you do today, please do no The House asserts that Judge case. It said that it did not believe it harm. Judge Porteous stands ready to Porteous caused this deprivation of could carry the burden of proof, it did be judged for his conduct on the Fed- honest services in three ways: First, not believe it could secure a verdict of eral bench. However, like so many that he failed to disclose certain infor- conviction from a jury, and that there scholars and commentators, I ask you mation during the recusal hearing held was a general lack of evidence to show to hold the constitutional line, as did in the so-called Lifemark case about ‘‘mens rea and intent to deceive.’’ That your predecessors, and reject pre-Fed- his relationship with one of the attor- only left the soon-to-be-rejected theory eral claims as the basis for his re- neys in the case—Jake Amato—and of honest services, without a specific moval. Amato’s partner Bob Creely. Second, charge of bribery or kickback.

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.004 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8564 CONGRESSIONAL RECORD — SENATE December 7, 2010 The House’s gamble failed in June conduct can result in removal. An im- vote. By lumping together or aggre- when the Supreme Court issued its trio peachment speaks not just to one gating issues, you can secure total of decisions, led by the Skilling v. judge, it speaks to all judges. They votes even if only 5 or 10 Senators United States decision, where the court need to know because they need to might agree that any given act is suffi- directly—and by the way, unani- know that they can perform their du- cient to remove a Federal judge. That mously—rejected the theory of the un- ties without having a Damocles sword negates article I, section 3, which says derlying article I. The court expressly dangling over their head, not knowing ‘‘no person shall be convicted without held that absent specific allegations of if an unpopular decision will trigger re- Concurrence of two-thirds of the mem- a bribe or kickback, ‘‘no other mis- moval. They deserve fair notice. bers present.’’ conduct falls within the statute’s prov- It is worth noting that after the The aggregation tactic converts this ince.’’ In direct relevance to this case, court’s decision, Senator LEAHY intro- exacting process into an undefined and the court expressly rejected the notion duced a bill that was committee spon- fluid process where neither history nor that ‘‘nondisclosure of a conflicting fi- sored by Senator WHITEHOUSE and the public will know what was the nancial interest can constitute crimi- former Senator Kaufman to amend the grounds by which you removed a Fed- nal deprivation of ‘honest services.’ ’’ Federal honest services statute in re- eral judge. Nondisclosure of a conflicting financial sponse to Skilling. That bill—known as Let me try to explain this with an interest: That should sound familiar the Honest Services Restoration Act— example. Let’s say you go back into because that is article I. would revise the honest services stat- your deliberations and 20 of you might As noted earlier, article I does not in- ute to prescribe what is defined as ‘‘un- agree that one allegation in a par- clude any allegation of a bribe or kick- disclosed self-dealing’’ by a public offi- ticular article was worthy of removal, back. Instead, it refers to a ‘‘corrupt cial. while another 30 might reject that alle- scheme’’ that existed when Judge Notably, even under the new statu- gation but agree on a different allega- Porteous was a State—not a Federal— tory definition of honest services, the tion as sufficient for removal. Two judge. It alleges a ‘‘corrupt scheme’’ allegations in article I would not meet other groups of Senators of 10 might that he had with attorneys Amato and that standard any more than it would focus on a third and fourth allegation. Creely. As we will address in greater meet the standard under Skilling. Sen- When it came to the final vote, you detail in our closing argument, there ator LEAHY’s bill defines ‘‘undisclosed would have 70 Senators voting for re- was, in fact, no corrupt scheme. Our self-dealing’’ as a public official per- moval even though no more than 30 ac- proof is the testimony of the House’s forming an official act ‘‘for the pur- tually agree on what should be the witnesses, not our witnesses—the at- pose’’ of benefiting either himself or basis for removal—what actually satis- torneys themselves who denied a others and their financial interests. fied the constitutional standard. scheme of bribery or kickback. Article I doesn’t allege that Judge One does not have to be a strict con- The greatest irony of the House’s use Porteous denied the recusal motion for structionist to see the violence that of the honest services claim is that the the purpose of benefiting himself. In- approach does to the express language very concern stated by the Supreme deed, the House doesn’t allege that he of the Constitution. Honestly, do Mem- Court was that it was so ambiguous was at that time receiving gifts from bers of this body believe the Framers that it would not give citizens notice of Mr. Creely or Mr. Amato. Those gifts— would establish a two-thirds majority what it is they could be charged with which we will talk about later—oc- vote to remove a Federal judge but criminally. Yet that is the same con- curred years before. But, of course, allow a House to simply aggregate and cern James Madison raised when that is not the prior and it is not the achieve that with just 20 or 30? The crafting an impeachment standard. current standard. The Senate must de- Framers of the United States might Madison said Congress should not be cide if a Federal judge can be removed have been many things, but they were able to use a standard that was so on the alleged claim of a corrupt not stupid and they were not frivolous. vague as to make removal easy or to scheme despite the Supreme Court rul- They created a two-thirds vote for a rob people of knowledge of what they ing. purpose. They wanted two-thirds of could be removed for. To allow such a removal would be to you to agree together that at least one So after the Supreme Court in sever any connection between the via- act committed by a Federal judge is Skilling rejects this very theory as so bility of a criminal claim and the basis sufficient to satisfy this extraordinary ambiguous, so vague it cannot be used for the removal of a Federal judge. In- measure of removal. Such aggregation in a Federal court, the House picked up deed, it would establish a Federal judge of claims wouldn’t even be allowed in a that very theory and said: But we can be removed for conduct that is de- criminal or a civil trial. A judge think you should use it as the basis to monstrably not criminal and a theory wouldn’t permit it. This judge wouldn’t remove Federal officers—from Presi- so vague it can’t actually be used in a permit it. dents to judges to Cabinet members. Federal court. The House made a bad Senators have repeatedly objected to Simply put: Deprivation of honest gamble in Skilling. The Senate should the aggregation of claims in past cases. services is the modern equivalent of not now make a bad gamble and a bad However, the House knows Senators ‘‘maladministration.’’ Many of you law. are reluctant to dismiss an article that know that James Madison and the I would like now to turn to the final has been duly submitted by the House. Framers rejected maladministration as motion before the Senate, which is a It is a game of constitutional chicken. a standard for impeachment. By the defense request that the Senate take They aggregate knowing that it would way, they also rejected corruption. The preliminary votes on the numerous and be difficult institutionally to simply term ‘‘corruption’’ was viewed as far separate allegations in the four Arti- dismiss an article, and for that reason too vague to allow the Members of the cles of Impeachment. The House man- we are not asking you to do that. All Senate to remove a judge on that basis. agers, in drafting these articles, used a we are asking for you to do is to take So what the House is doing is taking a tactic called ‘‘aggregation.’’ It is not preliminary votes on the separate alle- standard of honest services, which was new. It has often been the subject of gations that have been combined in rejected for the same reason, and effec- criticism by both Senators and schol- these articles to assure for yourself and tively making it a standard of the ars. for history that the constitutional United States for the basis of removal Aggregation is a method by which standard has been met. of a Federal judge. House Members, when drafting Articles The House itself has conceded that Since article I does not allege a bribe of Impeachment, can circumvent the the Senate can, in fact, do this—and or kickback, it is constitutionally in- high vote required in the Constitution. conceded it may be necessary to do valid under Skilling, and this body They can essentially remove a Federal this—when we last had this discussion should not import that standard into judge even though less than two-thirds before the committee and Chairman the U.S. Constitution. While an Article of you agree on any specific allegation. MCCASKILL. Congressman SCHIFF stat- of Impeachment does not have to be co- This is accomplished by combining dif- ed at that time: extensive with a crime to be valid, an ferent claims in one article so that no The Senate can, when it deliberates, say article must give fair notice of what single act is subject to a stand-alone we want to have a separate vote internally

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.005 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8565 on each of the facts that are alleged in arti- but those are different from an aggre- resentative ADAM SCHIFF of California. cle I, on each of the facts that are alleged in gation case. As I mentioned before, on I am joined by fellow House managers article II. You can make that decision and, if some occasions, the House has sub- BOB GOODLATTE of Virginia, JIM SEN- the vote internally is that you don’t agree, mitted to you what is called a catchall and you have a further discussion and say, SENBRENNER of Wisconsin, and HANK well, unless we agree on these pieces we provision, so what they would do is JOHNSON of Georgia, as well as our don’t think the conduct rises, you can make they would have, for example, six arti- counsel, Alan Baron, who has been as- that decision. cles of impeachment, with specific acts sisted by Mark Dubester, Harry You will find that quote on page 1861 that they believed should be subject to Damelin, and Kirsten Konar. in the green books before you. Con- removal, and then the seventh article When the impeachment trial began in gressman SCHIFF further noted that: was a catchall article that combined this case some weeks ago, we acknowl- You will have every opportunity when the all the previous alleged acts. The dif- edged the historic significance of an evidence is provided to you to vote on it in ference between this and a catchall impeachment proceeding and how rare- any way, shape or form you decide. Nothing provision is that you or, in this case, ly they are undertaken. This is for we do here will prejudice that. your predecessors had the ability to good reason. The overwhelming major- Later in the hearing, when Senator vote on those first six claims so you ity of men and women appointed to the KLOBUCHAR asked Congressman SCHIFF knew as a body if in fact two-thirds of bench have great integrity and uphold whether ‘‘we could decide on our own you agree that any of those prior six the enormous trust the public places in to individually vote on each one or actually did occur and actually did them. Very seldom does someone cor- both of them as a group, and would we constitute removable conduct. That is rupt get nominated for the bench and, be allowed to do that,’’ Congressman not the case with aggregation. in those cases where a significant prob- SCHIFF said ‘‘That’s exactly right, Sen- What we are suggesting today is a lem is discovered during the confirma- ator.’’ simple process that we believe would tion process, most withdraw from fur- I commended Congressman SCHIFF protect the constitutional standard in ther consideration or their confirma- because I believe that is an honorable this body, not just in this case but in tion is denied. It is very rare that a and correct position. We would encour- the future. We have suggested that you corrupt official is nominated and his age, however, that those votes be made simply vote preliminarily, as was dis- corruption escape discovery until after public. I say this not as much for the cussed with Congressman SCHIFF, on he is appointed, but it does happen. It interest of my client as in the interest each of these insular allegations. If you happened here with the appointment of of history. What you say this week will look at our motion, we have laid them G. Thomas Porteous, who is not only a speak to the remaining judges on the out. There is not a great number in corrupt State judge but would become bench, and you should speak clearly as each of the articles. But you could vote a corrupt Federal judge as well. to what you think is sufficient to re- simply on those specific allegations By means of the impeachment and move a Federal judge. and determine if two-thirds of you removal process, the Framers of the I also want to mention that the need agree that, first, they occurred and Constitution sought to protect the in- for clear records is particularly impor- that you believe they would be the stitutions of government by allowing tant in this case because there was no basis for removal. Congress to remove persons who are criminal trial in this case. This is the You would then vote on the article as unfit to hold positions of trust. As Al- first modern impeachment to come to a whole, in compliance with rule XXIII. exander Hamilton noted when referring you as a body without a prior trial and, Rule XXIII requires you to take a final to jurisdiction to impeach an official in more important, a prior trial record so vote on an article that has not been di- Federalist 65: ‘‘There are those offenses the evidence, the witnesses in this case vided. But by the time you took that which proceed from the misconduct of were not subject to the procedures and vote, you would know whether the public men or, in other words, from the standard of the Constitution had been review of a criminal case. It was raw abuse or violation of some public satisfied. evidence that came in. For that reason, trust.’’ As we note in our filing—and I will you will be the first to evaluate this The charges against Judge Porteous not take your time by quoting them evidence in terms of an impeachment here, in the view of the House of Rep- again—many Senators have objected to that did not occur in a criminal case, resentatives, are precisely that, abu- the aggregation of claims in history. In and we believe that in light of that, sive and violative of the public trust, the Archbald indictment, for example, you should take particularly strong and he must be removed. George Sutherland of Utah objected to steps to isolate what it is that will be As a Federal district judge in New his colleagues and stated, in exaspera- the basis for removal or acquittal. Orleans, the first proceedings against I have to point out that the problems tion: ‘‘I cannot consistently vote upon Judge Porteous began before a discipli- of the House were unnecessarily cre- this article one way or the other,’’ be- nary panel of the Fifth Circuit Court of ated by itself, not by this body and not cause of aggregation. Appeals. After taking evidence and The PRESIDENT pro tempore. The by the defense. The House decided to conducting 2 days’ worth of hearings in Chair would like to advise you that abandon good practices in the drafting which Judge Porteous testified under a you have consumed 40 minutes. of articles, good practices that were ap- Mr. TURLEY. Thank you very much, grant of immunity, the Fifth Circuit plied in prior cases. For example, in Mr. President. As a law professor, I am concluded that Judge Porteous’s mis- the Hastings impeachment case, where trained to speak in 50-minute incre- conduct ‘‘might constitute one or more some of you, in fact, were involved, if ments. I will try to wrap-up. grounds for impeachment’’ and referred you recall, there were 17 Articles of Im- In conclusion, I ask that the Senate the matter to the judicial conference of peachment. Each of those articles iso- adopt this simple approach to deal with the United States headed by Chief Jus- lated one false statement that Hastings aggregated claims. We have suggested tice Roberts. The Chief Justice, in con- allegedly made. Articles II through this way to deaggregate the claims. We ference, also concluded that impeach- XIV were all short and they were large- believe it is useful, not in just this case ment may be warranted and referred ly identical. The first and third para- but in future cases. the case against Judge Porteous to the graphs of those articles were, in fact, We would like to reserve the remain- House of Representatives. The case was identical. The only difference was the der of our time for rebuttal. also recommended for potential im- specific false statement. The House did Thank you very much. peachment by the Department of Jus- that so you would have the opportunity The PRESIDENT pro tempore. I tice which, in part, because the statute to say—to vote whether you believed thank you very much. The Chair has of limitations had run on many of this was a false statement and whether not received any written questions. Ac- Judge Porteous’s offenses, felt that im- that specific statement justified re- cordingly, the Senate will now hear peachment might be the more appro- moval. That has been the approach of from Representative SCHIFF in opposi- priate remedy. the House in prior cases. tion to the motions. Although Judge Porteous signed an It is correct, and I believe the House Representative SCHIFF. agreement when in discussions with is likely to mention, there are some Mr. Manager SCHIFF. Mr. President, the Justice Department, it did not prior cases that have multiple claims, Members of the Senate, I am Rep- reset the clock on the vast majority of

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.007 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8566 CONGRESSIONAL RECORD — SENATE December 7, 2010 potential charges, from the kickbacks ute need be referenced, only the con- let me begin with a discussion of his from the lawyers or the bail bondsmen, duct that constitutes a high crime or arguments that the charges against corrupt activity, which were already misdemeanor, which is why, as I will him are improperly aggravated. In time-barred from prosecution. In the explain later, Judge Porteous’s motion order to do so, it may be useful to pro- House Judiciary Committee, we under- to dismiss article I, claiming that it vide a brief summary of the evidence took a thorough investigation, inter- charges a violation of 18 U.S.C. section charged in each article so that the full viewing a great many witnesses, taking 1346, is so fatally flawed. The article Senate can see, just as the Senate Im- depositions, acquiring documents never charges no such violation of that stat- peachment Trial Committee concluded, found by the Justice Department, in- ute and, indeed, makes no reference to that the House was well within its dis- cluding the very revealing transcript of that code section whatsoever. cretion in how it drafted the articles. the recusal hearing in the hospital case The House Judiciary Committee con- Each contains a coherent scheme of mentioned by my opposing counsel, sidered how to view the illicit conduct conduct giving the judge, the Senate, where Judge Porteous so grievously of Judge Porteous, not only while he and the public a clear understanding of misled and deceived the parties. At the was on the Federal bench but prior to the charges against him, and the mo- conclusion of our investigation, the his appointment, and, indeed, during tion must be denied. It is also worth Committee considered carefully wheth- the very confirmation procession itself. pointing out, as the Senate Impeach- er Judge Porteous’s conduct was so We concluded we could not ignore the ment Trial Committee report dem- morally repugnant, so violative of pub- judge’s corrupt prior conduct or his onstrates so clearly, none of the really lic trust, and whether he had so de- conduct during the confirmation be- salient facts in this case are in dispute. meaned himself in office that he was cause it was so interwoven with his Article I. Article I alleges and the guilty of high crimes and mis- corruption on the Federal bench. His evidence at the trial has now estab- demeanors and should be removed from deplorable handling of the hospital lished that Judge Porteous, while a the bench. case while a Federal judge, his lies dur- State judge, initiated and implemented Unanimously, the committee con- ing the recusal hearing, his hitting up a corrupt kickback scheme with attor- cluded he was guilty of high crimes and the lawyers for cash—the very reason ney Robert Creeley and his partner, misdemeanors and must be impeached. the lawyer was brought into that hos- Jacob Amato. The essence of the Our committee then studied the very pital case to begin with. Although all scheme was that Judge Porteous, in his issues implicated in this morning’s that conduct occurred while Judge judicial capacity, assigned curatorship three motions to dismiss. We consid- Porteous was on the Federal bench, cases to Creeley, and thereafter the ered carefully how many articles none of it can be fully understood with- firm of Amato & Creeley gave Judge should be crafted, whether his conduct out considering the judge’s prior con- Porteous approximately half of the naturally divided itself into coherent duct in relationship with those same legal fees generated by those cases. A schemes and, if so, how many, so as to attorneys. curatorship is a small case where the give the public clear knowledge of It was also the unanimous view of appointed lawyer represents a missing what he was charged with and to give the Judiciary Committee that, whether party and has to do some minor admin- Judge Porteous a fair opportunity to a high crime or misdemeanor occurs istrative work. The payments to the defend himself and to give the Senate before or after someone is appointed to judge were always made in cash, as clear articles to vote upon. We con- the bench, if it is such a violation of Amato testified at trial, to avoid a cluded that the judge’s conduct could the public trust that the institution of paper trail. Contrary to what counsel be divided quite logically into four the judiciary will be harmed, that the has just represented, Amato testified parts: One article based on his corrupt public will lose confidence in the deci- that it was a classic kickback scheme. scheme with the lawyers, one article sions of the court and of that judge, Prior to Judge Porteous’s initiation based on his corrupt scheme with the then he must be impeached. To reach of this curator kickback scheme, he bondsmen, one based on his false bank- the opposite conclusion would be to had asked Creeley for small sums of ruptcy petition, and one based on his countenance a continuing injury to the money from time to time. Creeley gave deception of this very body, the Sen- judiciary, which would be forced to re- him the money until Judge Porteous ate. We did not wish to pile on charges tain judges proved to be corrupt. Even asked for larger amounts—$500 or $1,000 against Judge Porteous by dividing any where a judge is indicted and convicted at a time. At this point, Creeley of these articles into unnatural pieces, on conduct that occurred before his ap- balked. It was then that Judge something a prosecutor might refer to pointment, the Senate would be power- Porteous began assigning Creeley the as ‘‘loading up’’ an indictment. less to remove him from office or from curatorships and seeking the cash back There were other charges we consid- lifetime salary though he sits in pris- from Creeley and his partner, Amato. ered as well, the evidence of which was on. Nothing in the language of the Con- The evidence is undisputed that introduced at trial, such as his many stitution or 200 years of precedent sup- Judge Porteous assigned Creeley over serious false statements on mandatory ports such an absurd result. 190 of these cases from 1988 to 1994, re- judicial disclosure forms, but opted in- This was the unanimous view not sulting in fees to the firm of about stead to introduce that as evidence of only of the House Judiciary Com- $40,000. Both Creeley and Amato inde- his willingness to perjure himself when mittee, but when the matter was pendently estimated they gave Judge it suited his interests, something very brought before the full House, it was Porteous a total of about $20,000 in relevant to both his statements to the the unanimous view of that body as cash. They both testified that they un- Senate and in the bankruptcy pro- well. derstood that the cash they gave Judge ceeding. The Senate can decide to convict Porteous was funded by these curator- The House has great discretion in Judge Porteous on articles I, II, and III ships. how it drafts an Article of Impeach- on the basis of corrupt conduct on the By initiating and implementing this ment, which is why the Senate Im- Federal bench alone, if it chooses—and curatorship kickback scheme, Judge peachment Trial Committee in this count 4 addresses the concealment and Porteus abused his position of trust as case ruled against precisely this same false statements to the Senate during a judge by corruptly taking actions in motion counsel makes only 2 months the confirmation itself—or the Senate his official capacity designed and in- ago, finding that the schemes charged may, as I will discuss later, convict tended to enrich himself. This is judi- were very straightforward. Judge Porteous on the basis of his cial misconduct and abuse of power, We also considered whether a charge prior conduct as well consistent with and it is most venal. But this was only of a violation of a specific criminal the Constitution, with precedent, with the beginning of Judge Porteous’s egre- statute, that the judge violated 18 U.S. a considered opinion of experts, and gious misconduct. It gets worse. C, section X,Y or Z, but rejected that with sound public policy reasons as Thereafter, when Judge Porteous be- approach. Most impeachments do not well. came a Federal judge, he presided over charge specific crimes, some charge no But first, let me turn to each of the a complex, high-stakes, nonjury case. crimes at all, and impeachment prece- judge’s three motions. In considering You will hear it referred to as the dent is very clear—no particular stat- Judge Porteous’s motions to dismiss, Liljeberg case, the hospital case.

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.008 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8567 Amato enters his appearance in this That is article I. but that he needed to hide the corrupt case as an attorney for the Liljebergs. Article II alleges and the evidence relationship from the Senate. In fact, Even though this case has been around has shown that Judge Porteous, while a this is exactly what he did. Shortly for years—tens of millions are at State judge and extending into his ten- after Senate confirmation but before stake—he enters the case 6 weeks be- ure as a Federal judge, had a corrupt he was sworn in as a Federal judge, fore trial. relationship with local bail bondsman Judge Porteous did, in fact, set aside When opposing counsel filed a motion Louis Marcotte and his sister Lori the conviction of Marcotte’s employee. to recuse Judge Porteous, because he Marcotte. The essence of the relation- It had to be done precisely then, after was concerned about the late introduc- ship was that Judge Porteous would confirmation, so you would not learn tion of this attorney, seeking that take official acts to financially benefit about it, but before he was sworn in be- Judge Porteous reassign the case to an- the Marcottes by setting bail in cause once he was sworn in, it was too other judge based on what counsel un- amounts that they requested to maxi- late, he could no longer expunge the derstood to be the judge’s close rela- mize their profit—not in the best inter- conviction. tionship to Amato, Judge Porteous de- est of the public, not what was nec- What the articles allege and the evi- liberately misled counsel and the par- essary to secure the defendant’s ap- dence establishes is that this was a ties, concealing his previous corrupt fi- pearance in court but would maximize classic quid pro quo relationship be- nancial relationship that had existed their profit. In addition, he would set tween a judge with his hand out and a between himself, Amato, and Creeley. aside the criminal convictions of the corrupt bondsman who was willing to In fact, Judge Porteous did some- Marcottes’ employees. pay for what the judge could do for thing much worse. The transcript of The way the bond arrangement him. that hearing was truly revealing and worked was this: Louis Marcotte would Judge Porteous’s corrupt relation- sets forth a series of misleading state- interview the defendant and their fam- ship with the Marcottes did not come ments, half-truths, and outright lies by ily to figure out the most expensive to an end after Judge Porteous became Judge Porteous. As but one example, bond they could possibly afford and a Federal judge, although he no longer Judge Porteous steered the colloquy of would ask Judge Porteous to set the had the power to set bonds or expunge a discussion of whether Amato had bond at precisely this amount, and the convictions for the Marcottes. The ever given Judge Porteous campaign judge would do so. If the bond was set Marcottes continued wining and dining contributions. In that discussion, too low, below what the family could Judge Porteous because they needed Judge Porteous stated: afford, Marcotte would lose money. If his help to recruit a successor—other The first time I ran, 1984, I think is the the bond was set too high, then the de- State judges—to assume Judge only time when they gave me money. fendant could not use Marcotte at all, Porteous’s former role in setting bonds That statement was clearly false and and Marcotte would lose money. It had at the amounts necessary to maximize deceptive and concealed many thou- to be set just right to maximize their their profits. Once again, Judge sands—indeed, tens of thousands of dol- profit. And Judge Porteous was their Porteous agreed, meeting with State lars—in cash that Amato and his part- go-to bond-setter. judges and vouching for the Marcottes ner had given Judge Porteous. Although other judges would later go and using the prestige and power of his Judge Porteous denied the recusal to jail for precisely this same relation- office to foster these new, corrupt rela- motion, and the order was appealed. ship with the Marcottes, Louis Mar- The court of appeals, based on the false tionships. cotte testified at the Senate trial that One of the judges Porteous helped the record Judge Porteous had created, af- no one—no one did more for them than Marcottes recruit while he was a Fed- firmed the denial. So counsel for the Judge Porteous. And Marcotte said fur- eral Judge was a State judge named other party, Lifemark, was unwillingly ther that the more they did for Ronald Bodenheimer. Bodenheimer tes- forced to represent his client against Porteous, the more he did for them. tified that he did not hold Louis Mar- an opposing counsel who had given The Marcottes supported Judge Judge Porteous thousands of dollars as cotte in high regard and would not deal Porteous’s lifestyle in numerous ways. with him because he had a low regard part of a corrupt scheme. In response to Judge Porteous’s re- In one of the most appallingly cor- for Marcotte’s character and believed quest, they frequently took Judge rupt acts among many by Judge he was a drug user. Bodenheimer testi- Porteous out to expensive restaurants, Porteous, after the case is tried but has fied that when Judge Porteous vouched paying for his food and copious not been decided—and again, a nonjury for Marcotte’s integrity, it was critical amounts of liquor. They sent their em- case; the judge is the trier of fact as to his decision to form a relationship law—the judge solicits and receives a ployees to pick up his cars at the with Louis Marcotte. secret cash payment of $2,000 from courthouse, repair them, fill them up Judge Bodenheimer would later be Amato. with gas, detail them, and leave buck- convicted and incarcerated on Federal Amato would testify during the Sen- ets of shrimp or bottles of liquor in corruption charges, in part because of ate trial that it was the worst decision them when they were done. They sent his corrupt relationship with the of his life and would acknowledge that their employees to his house to do Marcottes, setting bonds in the he worked on this case for 2 years, home repairs, where they spent 3 days amounts they requested in return for stood to make $500,000 to $1 million in repairing 85 feet of damaged fence— financial favors. Both the Marcottes fees if he prevailed, and if he lost, he digging the holes, laying the concrete, also would plead guilty to corruption would make nothing, and that this was picking up the fence boards, doing the charges premised on these same rela- one of the reasons he gave the judge construction. And they paid for one or tionships. the cash—because the judge was pre- more trips to Las Vegas for the judge Now let me turn to article III. siding over this very important case. and his secretary. By 2001, Judge Porteous had close to Judge Porteous decides the Liljeberg As we proved during the trial, Judge $200,000 in credit card debt, a substan- case very favorable to Amato’s client. Porteous was also asked by Louis Mar- tial portion of which resulted from his This decision is later reversed in scath- cotte to expunge or set aside the felony gambling problem. For years, Judge ing terms by the U.S. Court of Appeals convictions of two Marcotte employees Porteous had dishonestly concealed his for the Fifth Circuit in an opinion by so they could be licensed as bail bonds- debts and the extent of his gambling by the appellate court which character- men. Judge Porteous obliged but, sig- filing false annual disclosure forms. ized Judge Porteous’s central rulings nificantly, told Marcotte that he would Ultimately, in March of 2001, Judge as ‘‘inexplicable,’’ ‘‘apparently con- not set aside one of the convictions Porteous filed for bankruptcy. His fil- structed out of whole cloth,’’ and until after Senate confirmation of his ings were replete with dishonest rep- ‘‘close to being nonsensical.’’ position as a U.S. district judge be- resentations. First, to conceal his iden- Not until the case was long over and cause Judge Porteous did not want to tify, Judge Porteous filed and signed the parties had moved on would they jeopardize what was, in the judge’s the petition under penalty of perjury learn that the lawyer for the prevailing words, his lifetime appointment. In es- using a fake name: G.T. Ortous. Fur- side at trial had given the judge thou- sence, Judge Porteous told Marcotte ther, just a few days prior to filing, as sands in secret cash. that he would set aside the conviction part of his plan to conceal his identity,

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.014 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8568 CONGRESSIONAL RECORD — SENATE December 7, 2010 he obtained a post office box which he who had taken care of Judge mits not disclosing his gambling losses listed as his residence on the bank- Porteous’s cars and had performed on the forms as required. He admits ruptcy petition. He concealed assets so house repairs for Judge Porteous. Mar- not disclosing a bank account he used he could gamble, such as a $4,100 tax cotte testified that Judge Porteous re- for gambling. And as to the Judge’s refund, even through the bankruptcy sponded to Marcotte’s request by tell- false statements to the FBI and Sen- form asked him specifically whether he ing Marcotte: ate, the defense’s own expert testified was expecting a tax refund. He con- Louis, I am not going to let Wallace get in that if the judge had received kick- cealed a money market account that the way of me becoming a Federal judge and backs while on the State bench, and if he used the day before filing bank- getting appointed for the rest of [my] life. he had a corrupt relationship with bail ruptcy and that he used while in bank- . . . Wait until it happens, and then I’ll do it. bondsmen, he would have understood ruptcy to pay for his gambling. He lied In short, Judge Porteous would set that this must be disclosed in answer under oath about preferential pay- aside the conviction as Marcotte re- to the questions he was asked by the ments to creditors, particularly casi- quested, but he would hide that act FBI and the Senate. nos. He falsely denied under oath hav- from the Senate so as to not jeopardize These were the facts the House con- ing gambling losses in response to a his confirmation. Judge Porteous knew sidered in unanimously approving four question on the form that asked just that he had to conceal his corrupt rela- articles of impeachment. The House de- that. He had his secretary pay off a tionship with Marcotte if he had any termined that the corrupt conduct by Judge Porteous fell into four discrete credit card account shortly before fil- hope of being confirmed as a U.S. Dis- schemes, one involving his corrupt re- ing and then failed to report the trans- trict Judge—and that is exactly what lationship with Amato and Creely, an- action. he did. other pertaining to the Marcottes, a After the bankruptcy judge issued an Almost all of the salient facts in this third reflecting his false filings in order confirming Judge Porteous’s case I have just mentioned are not seri- bankruptcy, and the final concerning chapter 13 plan, which prohibited him ously contested. In connection with ar- his deception of the Senate and the from incurring new debt without per- ticle I and his relationship with Creely and Amato, Judge Porteous admitted FBI. mission, Judge Porteous violated the Notwithstanding the historic prece- the critical facts during his sworn tes- order by secretly incurring additional dent of giving the House broad discre- timony before the Fifth Circuit—where debt at several casinos and by obtain- tion in the drafting of articles of im- he was given immunity from the use of ing and using a new credit card, all peachment and the plain logic of this his testimony in any criminal pro- without the permission of the bank- division, Judge Porteous complains ruptcy trustee. ceeding He admitted Creely gave him that the articles contain allegations In sum, his bankruptcy was replete money and then balked at continuing that, in counsel’s words, are improp- with deliberately false statements to do so. He was asked about the cura- erly ‘‘aggregated.’’ The Senate has made under penalty of perjury in an ef- tor moneys, and he admitted sending never ordered an article passed by the fort to avoid public disclosure of his the curatorships to Creely and getting House to be divided up according to the bankruptcy and his gambling problem. cash from Amato and Creely after he accused’s desires, or required multiple Now, let me turn to article IV. assigned them the curatorships. votes on an article, a proposal prohib- I previously mentioned that while he Though he will not call it a kickback, ited by the Senate’s own rules. was a State judge, Judge Porteous had Judge Porteous does not deny getting Unlike his motions to dismiss arti- corrupt schemes going on with attor- the cash back from the attorneys after cles I and II, this motion was heard and neys Amato and Creeley and with the sending them the curatorships. decided by the Senate Impeachment Marcottes. How, then, did he ever get When he was asked how much money Trial Committee on the merits, which confirmed in the first place? he got back from Creely and Amato rejected it completely. Article IV alleges and the evidence during the Fifth Circuit proceedings, Judge Porteous claims that the establishes at Judge Porteous repeat- his answer was: ‘‘I have no earthly structure of the Articles of Impeach- edly lied to the Federal Bureau of In- idea.’’ I have no idea. Not ‘‘I didn’t get ment aggregates a series of a disparate vestigation and to the U.S. Senate in the money’’; not ‘‘I don’t know what allegations. He argues further that the responding to questions posed to him you’re talking about.’’ but in terms of Senate should dismiss all of the arti- as part of the confirmation process on how much: ‘‘I have no idea.’’ The pay- cles in its pleadings or, in so many no less than four occasions—particu- ments of cash to Judge Porteous oc- words, vote on each separate factual larly in response to the very questions curred so often and for such a pro- predicate claim within each article. that would have required that he dis- longed period of time, he could not, or Judge Porteous mischaracterizes the close his corrupt relationships with would not, estimate how many thou- articles in this case, and misstates the Creely, Amato, and the Marcottes. He sands of dollars he received from them. impeachment precedent on this issue. was interviewed twice by FBI agents, Does he admit getting the $2,000 in There is no basis for granting the relief and filled out two separate question- cash in an envelope after soliciting it he seeks, and the motion should be de- naires, one of which was sent directly from Amato during the pendency of the nied. to the Senate Committee on the Judi- Liljeberg case? Yes, he admits to that First, as a factual matter, the arti- ciary. in the Fifth Circuit. He takes issue, cles simply do not contain a series of There is perhaps no question more strangely enough, with the envelope unrelated, discrete acts as Judge important of an applicant for a Senate- itself. He can’t remember whether the Porteous contends. Each article de- confirmed position than that which money was delivered in bank envelope scribes a course of conduct in pursuit seeks information concerning the can- or a regular envelope, but he doesn’t of a unitary end, pursued through a didate’s integrity. Judge Porteous’s re- deny getting an envelope with cash combination of means. Article I de- sponses to these questions were false during the pendency of this multi- scribes Judge Porteous’s improper con- given his corrupt relationship with at- million-dollar litigation. He doesn’t duct while presiding over the Liljeberg torneys Amato and Creely and his cor- renember whether he got it personally case, arising from his concealed cor- rupt relationship with the Marcottes or whether he sent his secretary to rupt financial relationships with attor- and their bail bond business. pick it up, but he doesn’t deny getting neys Creely and Amato; article II de- There is a wealth of evidence that the cash. scribes Judge Porteous’s corrupt rela- makes clear that Judge Porteous un- The record is absolutely clear that tionship with Louis and Lori Marcotte derstood the questions as calling for Judge Porteous did not disclose his re- and provides the details of what he re- his disclosure of his corrupt relation- ceipt of curatorship money when he ceived from them and what he did for ship with the Marcottes. Most criti- was asked to recuse himself from the them; article III describes the numer- cally, as I mentioned, in the summer of Liljeberg case. He admits filing bank- ous dishonest acts and false statements 1994, Louis Marcotte asked Judge ruptcy under a false name, saying only under oath by Judge Porteous to de- Porteous to set aside the felony convic- it was his lawyer’s idea. He admits not prive his creditors and the bankruptcy tion of one of his employees named disclosing his pending income tax re- court of the truth surrounding his fi- Aubry Wallace—a Marcotte employee fund on the forms as required. He ad- nancial circumstances; and article IV

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.015 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8569 describes Judge Porteous’s false state- In fact, none of these articles con- The alternate request of counsel, to ments during the confirmation process stitutes what in the past has been oc- require multiple votes on each article, when he concealed his corrupt relation- casionally referred to as an ‘‘omnibus’’ was also rejected by the Senate Im- ships with attorneys Creely and Amato article—where articles involving dis- peachment Trial Committee and and the Marcottes. Even though each crete spheres of misconduct are joined should be rejected here. As the com- of these separate schemes comprised in a single article. Had we drafted a mittee ruled: ‘‘The impeachment Rules discrete acts, each article describes a fifth article, that set out his relation- do not permit Judge Porteous’s sugges- single coherent scheme. ship with Amato and Creely, and the tion that the Senate vote separately on Second, as such, each of the articles Marcottes, and the bankruptcy and the the individual impeachable allegations easily withstand scrutiny under long- deception of the Senate and said that within each Article. Impeachment Rule settled Senate precedent. The Nixon because of all these acts together he XXIII states that an article of im- Impeachment Committee ruled that should be removed, that would be con- peachment ‘shall not be divisible for Articles of Impeachment are properly sidered an omnibus article. The House the purpose of voting thereon at any framed if they give ‘‘fair notice of the chose not to do so, although we note time during the trial.’ ’’ contours of the charges against the that the House has frequently returned Now, let me turn to Judge Porteous’s judge and (2) contained an intelligible, omnibus articles summarizing the motion to dismiss article I. Judge essential accusation, thus providing a prior counts, and the Senate has not Porteous acknowledges in his written fair basis for conducting the evi- only deemed them proper but repeat- pleadings, that for the purpose of this dentiary proceedings.’’ edly voted to convict on such omnibus motion all the facts alleged in article I There is no reason for the Full Sen- articles. should be accepted as true. Judge ate to set aside the analysis and deci- Judge Porteous has suggested that Porteous urges the Senate to dismiss sion of the Senate Impeachment Trial the consideration of the articles as article I on three grounds—first, that Committee in this case, which found drafted is unfair or would lead to con- it charges a violation of title 18, U.S.C. the Nixon standard persuasive and con- fusion. According to Judge Porteous, section 1346, the mail and wire fraud sistent with the Constitution and ruled Senators would not really understand statute, claiming that under the Su- that ‘‘Each of the four Articles against what they were voting on in voting to preme Court’s decision in Skilling, an Judge Porteous meets the Nixon stand- convict. This, however, is hardly a seri- honest services claim cannot be made ard.’’ In reaching this conclusion, the ous contention. In article I, there is no under that code section. Second, he ar- committee summarized the articles, credible reason to believe that a Sen- gues that Judge Porteous could not and stated: ‘‘Each Article provides ator would not convict unless he or she have known that taking kickbacks, Judge Porteous with fair notice of the were satisfied with the core factual lying during a recusal hearing, or solic- contours of the charges against him theory set forth in that count, and the iting thousands in cash from an attor- and makes clear, intelligible allega- same as with articles II, III, or IV. ney with a case before him could con- tions.’’ Counsel for Judge Porteous has ar- stitute grounds for his impeachment. Each article contains a series of fac- gued that the cases of Judges Hastings Most remarkably, he claims that he did tual allegations comprising the and Archbald support his claim, point- nothing wrong and that taking secret charged ‘‘course of conduct’’ that con- ing to the comments of some indi- cash from an attorney whose case is stitutes that article. Although the re- vidual Senators. But as the Senate Im- under submission in your courtroom is, quirements for how a count is charged peachment Trial Committee in this at most, only an appearance problem. in a criminal indictment do not apply case so correctly pointed out: ‘‘This, It is just such an argument which dem- in an impeachment, we think that Sen- however, was not the adopted view in onstrates his unfitness for the bench. ator WHITEHOUSE—a former U.S. Attor- either instance as both judges were First, as to his ‘‘honest services’’ ar- ney—got it right when he said during convicted on the aggregated articles.’’ gument it is helpful to provide some the proceedings: So in both the cases cited by counsel, background on what an honest services Let’s say you were looking at a case say the Senate voted to convict on the om- charge is in a criminal case. 18 U.S.C. involving a scheme and artifice to defraud, nibus or aggregated articles. Section 1346 and 7 are the wire and and a whole bunch of conduct is alleged in Judge Porteous’s arguments are no mail fraud statutes. Under those laws, that particular scheme and artifice to de- different, in substance, to those raised a defendant in a criminal case can be fraud. The jury doesn’t have to agree on in the Hastings impeachment. In that charged with defrauding someone of every single piece of that having been done; case, there was a parliamentary in- money, property or honest services. they have to look at the evidence and con- quiry as to whether, in order to find Judge Porteous argues here that he has clude [‘‘]yep, based on what we see, we do see a scheme and artifice to defraud in this par- Judge Hastings guilty, a Senator had been charged with a violation of the ticular case.[’’] to find that he committed each of the mail and wire fraud statutes, and if Isn’t that the case here, as well? Because four allegations in a given article. The this were a criminal case, he would the course of conduct [is] integrated enough President pro tempore of the Senate re- seek to dismiss the charge on the basis [it] can fall within the general impeachment sponded: that it did not adequately set out a standard of high crime and misdemeanor? This is for each Senator to determine in crime under that statute. The problem That analysis hits the nail right on his own mind and in his own conscience and with the Judge’s argument is that he is the head—each of the four articles de- in accordance with his oath that he will do not charged with mail or wire fraud scribes integrated schemes, integrated impartial justice under the Constitution and under section 1346 or 7, this is not a courses of conduct. Looking at article law. It is the Chair’s opinion, if the Senator criminal case, and even if it were, he I, for example, defense counsel argues in his own conscience and based on the facts as he understands them determines that, in would still lose under the very case he in his brief that the recusal hearing any one of the paragraphs, Judge Alcee L. cites—for in Skilling, the Court found alone should be three separate counts— Hastings has undermined confidence in the that you could be charged with honest one stating the recusal motion was im- integrity and impartiality of the judiciary services fraud in any case involving a properly denied, another charging that and betrayed the trust of the people of the kickback scheme. during the recusal hearing he should United States, he should vote accordingly. It is plain from a reading of article I have disclosed the kickbacks from And so it is here. It certainly is not that the House has not charged, nor is Creely and Amato, and a third, that he necessary for the Senate to proceed it required to charge, that Porteous is made false and misleading statements sentence by sentence or paragraph by guilty of mail or wire fraud in viola- during the same recusal hearing. One paragraph, so long as you are able to tion of title 18. The article I described hearing—three articles. Had we find, based on the facts as you under- by Judge Porteous’s counsel bears lit- charged it the way counsel suggests, is stand them, that Judge Porteous, by tle resemblance to the article that was there any question in your mind that his conduct in the given article, has actually charged in this case, which counsel wouldn’t be here before you undermined confidence in the integrity consists of six paragraphs that describe today arguing that the House improp- and impartiality of the judiciary and how Judge Porteous received kick- erly disaggregated one corrupt scheme betrayed the trust of the people of the backs from attorneys Amato and to pile on three separate charges? United States. Creely, how he dishonestly presided

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As the Court profits, expunging the convictions of these kickbacks and making inten- stated: ‘‘A criminal defendant who par- Marcotte employees both before and tionally misleading statements at the ticipated in a bribery or kickback after his confirmation for the Federal recusal hearing, and by secretly solic- scheme, in short, cannot tenably com- bench, and using the power and pres- iting and accepting cash from Amato plain about prosecution under section tige of his office as a Federal judge in while the case was pending. 1346 on vagueness grounds.’’ helping recruit other State judges to Article I, despite defense counsel’s Finally, Judge Porteous argues that form the same corrupt relationship claim, is not patterned after the mail article I should be dismissed because it with the Marcottes. fraud or wire fraud statutes—or any charges only the appearance of impro- As you can see, article II by its own other criminal statute—and it does not priety, not actual wrongdoing, as if no terms charges conduct which occurred otherwise allege a ‘‘scheme or artifice judge can be expected to know that he before confirmation to his Federal to defraud,’’ or any other language cannot receive secret cash from an at- judgeship, after his confirmation but that would be necessary to charge a torney with a pending case, or that he before he was sworn in, and after he criminal ‘‘honest services’’ fraud of- cannot receive kickbacks from attor- was sworn in and while serving on the fense. Article I is written in non-tech- neys after sending them cases. That is Federal bench. The conduct charged in nical language and focuses on Judge truly a remarkable assertion. Judges article II, while he was a Federal judge Porteous’s receipt of kickbacks and his are on notice from the day they are is egregious, using the power of his of- acts of concealment of corrupt finan- sworn that they may be convicted and fice to help recruit other State judges cial relationships in the course of pre- removed if they commit high crimes to form the same corrupt relationship siding over a case. Article I concludes and misdemeanors—that is the con- with the Marcottes that he had—a rela- that Judge Porteous ‘‘brought his stitutional standard to which judges tionship these other judges would later court into scandal and disrepute, preju- must adhere, and Judge Porteous and go to jail for. We proved this at trial, diced public respect for, and confidence every other judge ought to understand but more than that, this conduct, for in, the Federal judiciary, and dem- that it requires a very basic level of in- the purpose of this motion, and much onstrated that he is unfit for the office tegrity. as defense counsel may forget, must be of Federal judge.’’ Whether the conduct When Judge Porteous—or any accepted as true. Just as in article I, alleged in article I also violated crimi- judge—is exposed as having accepted the Senate may convict on article II if nal laws, or could have resulted in an things of value from attorneys appear- it chooses solely on the basis of what indictable offense for ‘‘honest services ing before him and then ruling in favor Judge Porteous did as a Federal judge. fraud,’’ simply has no bearing on any of the client represented by those same The only article that charges pre- issue before the Senate, and no plau- attorneys, he damages the judicial sys- Federal bench conduct alone, is article sible reading of article I as actually tem and brings the Federal courts into IV, which charges Judge Porteous with drafted suggests that it intended to im- disrepute. This is especially so here, making false statements to the Senate port Supreme Court interpretations of where Judge Porteous’s ruling for his and FBI during the confirmation proc- a Federal statute. financial benefactors was reversed on ess. Interestingly, although Judge It is for the Senate to determine the central issues in the litigation, in Porteous takes other issue with article whether charged conduct demonstrates an opinion that excoriated the judge. IV, he does challenge the constitu- tionality of the fact that only prior that the individual is not fit to be a Whether the House proved these facts conduct is alleged in article IV. And in judge. That determination does not is a matter you must decide when you fact, as I will discuss in a moment, turn on whether the conduct at issue deliberate on the case after closing ar- even defense counsel recognize that it constitutes a Federal criminal offense. guments. The Senate report makes is not only constitutional to impeach a Indeed, one of the first impeachments clear most of these facts are beyond judge on prior conduct in certain cases, was of a judge for drunkenness, and, for dispute. But accepting the allegations but that it is inevitable as well. most of this Nation’s history, Federal in article I as true, as defense counsel The Constitution itself is silent on judges have been impeached, and con- concedes you must for the purpose of when a high crime of misdemeanor victed, and removed pursuant to arti- this motion, there is no question that warranting impeachment must take cles that have not alleged the commis- they set out a chargeable high crime place. The Constitution describes cer- sion of Federal criminal offenses. As and misdemeanor. For these reasons, tain types of conduct for which im- the Senate committee in this case re- Judge Porteous’s second motion must peachment is warranted, such as brib- peatedly pointed out, this is not a be denied. Let me now turn to his mo- ery or treason, but does not say when criminal case. Impeachments in this tion on article II. the misconduct must have been com- country, as opposed to the British ex- Judge Porteous argues that article II mitted. Plainly, had the Framers ample, are not punitive in nature and must be dismissed on three grounds: wished to confine the time the conduct threaten the judge with no loss of lib- First, because it alleges conduct both must have taken place, it would have erty or jail time. They are designed to before and after his appointment to the been easy to do so. They could have protect the institution from the ill ef- Federal bench and dismissal is con- provided that an officer could be re- fects of having a corrupt officer de- stitutionally required as shown by the moved for a high crime or mis- stroy the public trust in that institu- Senate’s precedent in Archbald. Sec- demeanor committed while in that of- tion. ond, because House experts testified fice. But they chose not to so limit the Finally, if this were a criminal case, that a judge could never be impeached scope of impeachment, and for good and he were charged with mail or wire on the basis of prior conduct. And fi- reason. fraud, and you were judges rather than nally, because the article only alleges The deliberations of the Framers who Senators, and the judge stood to go to Judge Porteous socialized with the were focused on the impeachment jail rather than lose his office, he wrong people. clause make it clear that it was the in- would still lose under the very prece- Judge Porteous, in his moving pa- stitution they sought to protect from dent he cites, Skilling. Skilling, the pers, again concedes that the allega- the destructive influence of an officer former CEO of Enron, was charged with tions in article II, for the purpose of who violates the public trust and mail and wire fraud on the theory that this motion, must be accepted as true. brings the institution into disrepute. he deprived shareholders of truthful in- Those allegations are, in summary, Whether the high crime or mis- formation about the value of the com- this: That Judge Porteous, while a demeanor occurs before or after ap- pany. The Supreme Court held, as to State judge, began a corrupt relation- pointment to a particular office, if the these counts, that if Congress wanted ship with the Marcottes in which the conduct of that official has brought the the statute to apply this broadly, it judge solicited and accepted numerous institution into ill repute, it stands to would need to do a better job saying so, things of value, meals, trips, home re- reason that the Framer’s intended that because the charges against Skilling pairs, car repairs for his personal use conduct to warrant impeachment. didn’t involve bribery or kickbacks. If and benefit and in return, took official There is certainly no indication, that the scheme did involve kickbacks, as actions benefiting the Marcottes, set- in a charge such as article II, which de- alleged in article I, the Court said the ting bail in a way to maximize their scribes conduct before, during and after

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.007 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8571 appointment, that anything in the text incredible claim, since each of the ex- the Seventh Circuit, resigned before in- of the Constitution presents a grounds perts testified precisely to the con- evitable impeachment after he was for dismissal. trary, that the timing of the mis- convicted for conduct that preceded his The one precedent in which a judge conduct was not a constitutional im- service. was charged in a single count with pediment or the standard, but rather Let us assume that the statute of both pre and post office conduct is the the effect of retaining a corrupt official limitations had not barred prosecution 1913 impeachment of Judge Robert W. on the institution. of Judge Porteous on the kickbacks, or Archbald. There were 13 Articles of Im- Distinguished constitutional scholars his corrupt scheme with the Marcottes, peachment brought against Archbald. who testified before the House Im- and like Judge Bodenheimer, he had Six articles accused him of misconduct peachment Task Force were unequivo- been sent to jail based on that prior on the Commerce Court where he was cal in their views that the Constitution conduct. Would it be any less inevi- then assigned at the time of his im- permits impeachment, conviction and table that he must also be impeached peachment and trial; six accused him removal of a Federal judge for pre-Fed- and removed from office? of misconduct on the district court— eral bench conduct. They noted that Although Judge Porteous’s counsel his prior judicial appointment. Article the Constitution provides no limita- acknowledges the appropriateness of 13 set forth allegations that involved tion, and that the principles under- impeaching for prior conduct in mur- his conduct on both courts and is lying the reasons for the impeachment der, bribery, and other cases—indeed therefore directly analogous to both process—protecting the integrity of the its inevitability—he evidently seeks to articles II in the case against Judge Federal judiciary—compel this conclu- distinguish this case because Judge Porteous. And on this article, the Sen- sion. Porteous was not first convicted during ate convicted Judge Archbald. Professor Michael Gerhardt ex- a criminal trial. Of course, the Con- Because debate was closed during the plained in his written statement: stitution does not require a criminal floor vote in the Archbald impeach- Say, for instance, that the offence was conviction prior to impeachment. The ment, there was no formal debate or murder—it is as serious a crime as any we Framers didn’t want to delegate to the discussion about the Senate’s jurisdic- have, and its commission by a judge com- Department of Justice the power to re- tion to impeach over prior conduct. pletely undermines both his integrity and move a judge, which would be the ef- The Senators were not required to the moral authority he must have in order to fect of saying it requires a conviction state their reasons for their votes, al- function as a Federal judge. The timing of to remove someone on that basis. The the murder is of less concern than the fact of language of the Constitution presumes, though some did. Senator Owen, for ex- it; this is the kind of behavior that is com- ample, stated: pletely incompatible with the public trust when it says that a prosecution may Whether these crimes be committed during invested in officials who are sufficiently follow not precede impeachment, when the holding of a present office or a preceding high-ranking to be subject to the impeach- it provides in article I, section 3 that a office is immaterial if such crimes dem- ment process. party convicted in an impeachment onstrate the gross unfitness of such official Professor Akhil Amar stated at the trial ‘‘shall nevertheless be liable and to hold the great offices and dignities of the hearing: subject to indictment, trial, judgment, people. Let’s take bribery. Imagine now a person and punishment, according to our Another Senator specifically noted who bribes his very way into office. By defi- criminal law.’’ that he was voting not guilty on all but nition, the bribery here occurs prior to the In many prior impeachments, there one of the prior court counts because commencement of office holding. But surely has been no criminal trial and, in fact, he felt the evidence did not support that fact can’t immunize the bribery from in the Hastings case impeachment fol- conviction on those counts, but that impeachment and removal. Had the bribery lowed acquittal in a criminal case. So, his vote should not be misinterpreted not occurred, the person never would have plainly, the Constitution doesn’t re- as suggesting that charging prior con- been an officer in the first place. quire a prior criminal trial or convic- duct was improper. In fact, five Sen- Moreover, defense counsel himself tion to impeach, whether the conduct ators did not feel the evidence was suf- concedes in his written statement of occurred or not. ficient on any count, pre or post. the case to the full Senate that prior Nonetheless, counsel argues it is un- More than a quarter of the Senate conduct can be an appropriate grounds fair here, because a criminal trial was absent in the Archbald case, and it for impeachment. In discussing a case would have more fully brought out the is impossible to determine what moti- where a judge might be indicted and facts in the case, and provided a more vated the votes of every Senator in convicted of a murder that he com- detailed record. But this ignores the Archbald. We do know that of the 68 mitted before appointment to the Fed- very full record in the fifth circuit pro- Senators who believed there was suffi- eral bench—that was only discovered ceeding, the depositions in this case, as cient evidence to convict on at least later—the defense conceded impeach- well as the comprehensive trial before one count, a full 34 of them expressed ment would be appropriate, writing: the Senate Committee. It is worth unequivocally that they believed a ‘‘There would be little controversy pointing out that during that trial, judge should be impeached on the basis about removing a judge from office Judge Porteous has been represented on misconduct preceding their appoint- who was convicted of murder during not only by the very capable Mr. ment to their current position. How do his term of office, and the precedential Turley, but at least 8 attorneys from we know this? Because 32 of them said value of such an action would be lim- the law firm of Bryan Cave. Moreover, so, by voting to convict on purely prior ited.’’ this team of attorneys did not feel it conduct, and 2 others publicly stated Nor has defense counsel taken the po- was necessary to use the entire amount that they would have done so, if the sition that impeachment for prior con- of time they were permitted to put on evidence of guilt were stronger. Only duct should be limited to cases of mur- their case and simply rested. You seven expressed the view advocated by der. The Senators from Illinois may re- would think, if counsel really felt that Judge Porteous. call the case of Judge Otto Kerner. He there was more to the case that needed But one conclusion is beyond ques- had been the Governor of Illinois before to be illuminated, it would have used tion: the Senate voted to convict his appointment to the Seventh Circuit the full opportunity it was given to Archbald on the one count that most Court of Appeals. While on the court of present witnesses. closely resembles article II against appeals, he was indicted and convicted Finally, there is a policy argument Judge Porteous and alleged conduct for accepting bribes while governor, advanced by Judge Porteous, that if both prior to and during his tenure in long before he was put on the bench. In the Senate convicts him on the basis of the current office. writing about the case of Otto Kerner, conduct that occurred in part before he Defense counsel argues that constitu- defense counsel not only asserted that was on the federal bench, even though tional experts who testified before the Kerner could be impeached for the it is intertwined with his appointment House Impeachment Task Force took bribes he took as governor, but that his and service on the bench, it will open the position that prior conduct could impeachment was inevitable. To quote the impeachment process to abuse by not be considered by the Senate as a Mr. Turley, ‘‘Judge Otto Kerner, Jr., of partisan interests. These partisan in- basis for impeachment. This is a rather the United States Court of Appeals for terests, upset with a judge’s decision or

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.009 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8572 CONGRESSIONAL RECORD — SENATE December 7, 2010 judicial philosophy, might conjure up on how you feel about a case. It de- years. So no statute of limitations had some prior misconduct and use it to pends on how you read the Constitu- passed for anything he did as a Federal urge the impeachment of a judge. tion. So my opposing counsel took you judge, which is what we are discussing It is true that the power to impeach up 10,000 feet, had you look down at today. a judge based on prior conduct could be these articles, and said: Look at all the But putting that aside, the prosecu- abused, like any other power. If par- bad things we say this guy did. He is tors had a problem with the statute of tisan interests wish to urge the im- asking you to interpret the Constitu- limitations with regard to Judge peachment of a judge whose decisions tion. Bodenheimer, and it didn’t stop them they don’t like, they could just as well He is not asking you to interpret the from charging. All they did was charge conjure up misconduct which occurred Constitution. You are required to do conspiracy and said there were ongoing while the judge was on the bench, as that. That is your job. It doesn’t mat- acts, so the statute of limitations had before. The protection against that ter if he was guilty of all these things. to run. It wasn’t even a speed bump on abuse rests in two places: it rests with He is not guilty, and we will make that their way to charge Judge the House to reject any impeachment argument. That doesn’t have any bear- Bodenheimer. charge which is a mere subterfuge for ing on how you interpret these clauses. Specifically, Judge Porteous waived, attacking a judge’s decision of philos- I also have to object to the use by the among others, the right to charge him ophy. And it rests here, in this cham- House of testimony by law professors with bankruptcy fraud, bribery, illegal ber, where you must never remove a in the House proceedings. As some of gratuities, criminal conflict of inter- judge for partisan reason and erode you know, the House of Representa- est, criminal contempt, false state- independence of the judiciary. tives submitted a post-trial brief that ments, honest services or wire fraud. Importantly, there is no allegation, contained statements from law profes- Those were requested of him and that no suggestion, not by defense counsel sors on the merits of impeachment ba- is what he signed. I think it would have or anyone else, that this is the case sically telling you what you should do been unfair to suggest somehow he with Judge Porteous. There is no claim in this case. The committee and Chair- hasn’t done that. that this impeachment is based on man MCCASKILL, correctly in our view, The Senate has heard from the House some illicit partisan interest. ruled that is not appropriate. It would that they were simply showing consid- There is a more serious consequence, not be allowed in a court of law. So the erable restraint and deference to this however, of concluding that judges can- House was told to redo their brief and body by aggregating counts. By aggre- not be impeached for prior conduct, resubmit it. The House then proceeded gating counts, my esteemed colleague that confirmation is a safe harbor to introduce that very same informa- on the other side said that, after all, against all removal for all prior of- tion in today’s presentation. I simply you wouldn’t want us to break these up fenses be they undiscovered at the have to object. into what he calls unnatural pieces. I time. And that is the destruction to I also have to object that, when they wish to talk about those unnatural the public trust that would accompany did so, the House didn’t actually quote pieces in a second. I cannot allow in a constitutional or policy determina- the law professors fully on the issue of the past when the House said: Do any tion that a judge who has so disgraced pre-Federal conduct. Professor Omar of you doubt that if we had his office, by committing a high crime actually dismissed it as just all that disaggregated, the defense would not be or misdemeanor, though they sit in State stuff. Professor Gerhardt said no- here today complaining that they were jail, must continue to be called body should be convicted of pre-Fed- facing individual articles on individual ‘‘judge,’’ must continue to be paid their eral conduct, which completely con- claims? I will simply represent to you, full salary for life, and rest beyond the tradicts what the House has said. The if you look at the record, no one—no reach of this body. reason we objected to the inclusion of criminal defense attorney in history Whether the Senate concludes that these professors—and if I could testify, has objected to having specific defined prior conduct alone should be the basis I think my testimony should have been charges. But more important, if you of an impeachment, article II alleges excluded—is that it is your decision. look at the history of this body, de- impeachable conduct that occurred not Judges don’t hear experts on the mer- fense attorneys and Members of this just before but while he was a Federal its of decisions. body have objected to the aggregation judge, and for the purpose of this mo- I wish to actually address the con- that is being used in these articles. tion to dismiss those allegations are stitutional issue. I will, however, take Indeed, the House of Representatives, accepted as true, this final motion the liberty to deal with one factual as- in Hastings, separated specific false must be denied. sertion that the House has made be- statements so you could make a deci- For these reasons, Judge Porteous’s cause it was in direct response to some- sion whether a judge gave a false state- motion to dismiss should be denied. I thing I had said. I told the Members of ment, a specific one, before you would be happy to respond to any ques- this body that Judge Porteous agreed reached your decision to remove them. tions. to waive all the statutes of limitations Those weren’t unnatural pieces. Those The PRESIDENT pro tempore. that he was asked to waive. He did not were stand-alone charges. Those would Thank you very much. Mr. Turley. think it was appropriate to stand be- be in an indictment as separate counts. Mr. TURLEY. Mr. President, I thank hind the statutes of limitations. The My esteemed colleague also has ob- you for allowing me a chance to rebut House proceeded to suggest that he had jected that we are asking you to set up some of what my esteemed colleague not, that there were some statutes of a situation where some judge is going told you today. limitations that he did not waive. The to sit in a prison, and I believe the ex- I have to begin by making an obser- record will show, if you look at some of pression was ‘‘force people to call him vation, and perhaps you noticed what the material we have already sub- judge.’’ Once again, just as the re- happened. We were told we were going mitted to you in our post-trial brief, sponse was to go into the merits in- to speak to you this morning about that, in fact, Judge Porteous agreed to stead of constitutional issues, clearly, constitutional issues. The first thing every waiver of the statutes of limita- the light is better by directing your at- the House did was start to go through tions put in front of him. He did not tention to a mythical judge sitting in a these specific allegations against refuse any waiver of a statute of limi- Federal prison making people call him Judge Porteous, the merits of the case. tation. judge. I will argue that case if you Maybe I am a bit sensitive, but the way When they said to him: We want the want me to. But I have to tell you, I I heard it made it sound as if, if you ability to charge you, even if you could lose. The judge cannot serve in office in don’t like this guy, don’t like what the block charges as to limitations, he good behavior in prison. I don’t know merits say, it should influence how you said: So be it. I am a Federal judge. If of anyone who is credible who has said read the Constitution. you find crimes, charge me. Just make at any time that a judge could insist As many of you know—and I believe sure we understand this, DOJ began its on being treated as a judge in that in- all of you know—constitutional inter- investigation in the mid to late nine- stance. I don’t know about being called pretations don’t depend on how you ties. The statute of limitations on the a judge, but to be a judge, that would feel about someone. It doesn’t depend Articles of Impeachment ran 5 to 10 not be possible, in our view.

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.011 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8573 I wish to address a couple points with knowing that Louis Marcotte, a a do-over here on the floor of the Sen- about aggregation. The House obvi- bail bondsman from Gretna, LA, lied to ate and simply ask the Members of the ously walked back from Mr. SCHIFF’s the FBI in an interview. Senate to make the article fit like it is statement to the committee that you Those are two very distinct charges. close enough for jazz? That is not the have the authority to do preliminary One is saying that he essentially pro- standard under the Constitution. votes. That was very clear. At the cured someone to testify or make Now, the House says the Constitution time, I commended Mr. SCHIFF for that statements falsely, and one is that he is silent on when conduct has to occur position. I have no idea what the au- used his office to assist in a corrupt re- in order for it to be the basis for the re- thority is for saying that you cannot lationship. As you can imagine, if you moval of a Federal judge. In fact, I organize your deliberations any way were standing here in my place, could thought I heard the House say that the you want. What you are required to do you defend against both those points Framers chose not to put in a state- under rule XXIII is have a final vote on with the same argument? I don’t think ment in the Constitution when it oc- the article, and it cannot be divided. so. Those two points raise two different curred. Like many in this room, I have We suggest you do that. All we are pro- issues. They actually refer to two dif- spent a lot of time with those debates— posing is that the Senate know what it ferent issues in the Criminal Code. probably more than I should. I don’t re- is voting on, to look at the individual What I am asking from you, with all member ever seeing that. My under- issues presented in these articles. due respect, is to give this judge the standing is the Framers never ad- Furthermore, the House said this was process you would want for yourself if, dressed this issue, but they did address already rejected by the committee. We God forbid, you were accused of any- it in the Constitution. They just didn’t were given a fair hearing by the com- thing like what the Judge is accused put it in the impeachment clause. But mittee in the pretrial motion, and I of. Would it be fair, if you stood here when they defined life tenure, they said thank the chair and I thank the vice accused, to have the House say: You you have life tenure during good behav- chair for that opportunity. If you look know what, we don’t have to separate ior. During good behavior in what? at the record, what occurred was that allegations; we can just pile them all There wasn’t good behavior in life. some Senators agreed that they had together because, after all, they have They said good behavior in office. It difficulties with the aggregation issue. one thing in common: Judge Porteous. was a reference to the office that they And Mr. SCHIFF stood up and said: You That is not enough. held because they wanted to make sure don’t have to decide it because you We have submitted a motion that people would not abuse their Federal have the authority to do this. You can showed no discernible connection be- office. go ahead and make determinations on tween some of these aggregated claims, The life tenure guarantee under arti- cle III of the Constitution was to guar- individual issues. and we will leave it to that because we Some Senators raised this question, have limited time, and I know the antee an independent judiciary by say- and it was ultimately not granted at Members of this body have somewhere ing that you could not be denied life that time. Instead, we have submitted to go, and I will try to wrap up as tenure as long as you served with good it to you. quickly as possible. I would simply behavior in that office. What the House I will only submit to you that it note on the Skilling issue that if you would have you believe is that the makes no sense, honestly, for the listen carefully, the House, on Skilling, Framers would allow you—even though Framers to go through the trouble of said that it is not a problem after it refers to good behavior in office—to establishing a two-thirds vote require- Skilling because you can read in a remove a judge for anything they did ment but allow the House to simply ag- kickback scheme into these articles. If in life. Once again, does that track gregate charges that virtually guaran- you want to, you could read these facts with what you know about article III? tees that, in many cases, two-thirds of and say: Well, that is a kickback, so Does that make sense in terms of the you will not agree on the reason you Skilling applies. only seven judges who were removed by are removing a Federal judge. That Isn’t the danger to that argument ob- this body; that all the time, it turns out that for 206 years Congress could can’t possibly be what the Framers in- vious? The Senate would be changing have removed someone for anything tended because they weren’t stupid an Article of Impeachment. That is what they are being invited to do. The they did in life? men. They were very careful and delib- Now, the House says you shouldn’t be House of Representatives has the sole erate men, and they set up a standard scared by the implications of all of authority and obligation to define that was exacting. this; that if you allow pre-Federal con- The House also says: In addition to what it is that a judge should be re- duct, if you allow anything done in life our being able to do this—to aggre- moved for. It is not just their power, it to be the basis of removal of a Federal gate—because it would be so exhaus- is their obligation. Now the House judge, don’t be concerned about abuse. tive to turn one article into three, even says: Look, we are given great discre- God knows Congress would never abuse tion to give you whatever we want. No though they did that in Hastings and any authority under the Constitution. one tells us what has to be in an arti- prior impeachment cases—that, by the And basically the argument was, trust way, these aren’t individual claims; cle. We can do it because we have the us, we are the House. That is not what they are actually all related. So they authority to do it. That is true. And the Framers said in the Constitution. do not have to be separate because the the Constitution gives you great au- They didn’t say to trust them because House says it wouldn’t make any sense; thority to turn down an article from of the House. you wouldn’t understand it. the House of Representatives. That is And yes, you are here. The House I direct your attention to article II. what you can do. said: Don’t worry, you are here. So In article II, Judge Porteous is ac- So this idea that the House would even if we abuse this, it has to go cused of using his power and prestige of produce four articles that don’t even through you. Now, that is true. God Federal office to assist bail bondsmen mention bribery or kickbacks but that knows this body has stopped a lot of in making relationships and acting cor- you can read it into those articles is impeachments. It has only agreed to ruptly. All right, I understand that. I unbelievably dangerous. It means you seven removals. But is that the con- don’t think it is an impeachable of- could get any article and transform it stitutional standard, that the House fense, seeing that ‘‘corruption’’ is the here on the floor of the Senate. You can go ahead and just impeach anyone exact word Madison rejected. But still, could remove someone for something for anything they did in life and seek that is a stand-alone issue. You can the House Members did not agree the removal and hope you correct their make a decision if that happened. I will should be submitted to you. Isn’t that actions? simply say—because I will not argue danger obvious? The PRESIDENT pro tempore. The the merits at this time; I was told to The House had the opportunity to time has expired. argue the motions—that we have very state that there was a bribe or a kick- Mr. TURLEY. Thank you, Mr. Presi- strong disagreements with the factual back. Bribery is in the standard. It was dent. And thank you, Members of Con- representations made by the House. used by the Framers. They rejected gress—Senate. But that is one of the claims in article corruption, but they put bribery in. So The PRESIDENT pro tempore. The II. In the same article, he is charged the question is, Are you allowed to do Chair has received two questions for

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.017 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8574 CONGRESSIONAL RECORD — SENATE December 7, 2010 both sides, one from Senator DURBIN has used in the past, but the Presiding ess, and the answer is yes, absolutely. and the other from Senator LEAHY. Officer has instructed each Senator to But I think what is very telling here is The clerk will report. look to their own conscience, to look that counsel has conceded that, yes, if The legislative clerk read as follows: to their own conviction, to be assured someone perjures themselves in the Senator Durbin’s question to both sides: they believe that the judge in this case confirmation process they can and What is the standard of proof for the movant has committed the acts the House has should be impeached but by definition or petitioner in impeachment proceedings alleged. So it is an individual deter- that is conduct which has occurred such as the extant case? mination, and the Senate has always prior to their assumption of Federal of- The PRESIDENT pro tempore. Do rejected adopting a specific Criminal fice. If someone can never be im- you wish to respond, Mr. Turley? Code-based standard, such as beyond a peached on the basis of prior conduct, Mr. TURLEY. Senator DURBIN, the reasonable doubt or a civil standard of his answer should have been no, but standard which we will be addressing convincing or clear and convincing plainly counsel recognizes there are when we get to the merits of the case proof because it is an individual Sen- circumstances where impeachment is has been subject to considerable histor- ator’s decision. not only appropriate but inevitable and ical debate. I will give what I believe is It also reflects the fact that, as the the weight of that historical record. essential. And where someone lies to It is true that the Constitution does Framers articulated, this is a political get the very office that they are con- not enunciate a specific standard in process—not political in the partisan firmed to, to deprive him of that office, terms of a burden of proof. We do not sense but political in that it is not a to deprive him of the ill-gotten gain of agree with the House that they refer to criminal process. It is not going to de- that deception I think is not only con- high crimes and misdemeanors as a prive someone of their liberty. What it stitutional but essential to uphold the standard. That is not a standard of is designed to do is to protect the insti- office as well as to uphold the con- proof; that is the definition of a remov- tution. firmation process itself. able offense. There is a difference. So I think the question for each Sen- The PRESIDENT pro tempore. So what we would suggest is that the ator is, Has the House sufficiently Thank you very much. That concludes Senate can look at a known standard, proved the case that, in the view of the argument on the motions. such as beyond a reasonable doubt. Be- each Senator, to protect the institu- yond a reasonable doubt, of course, is tion, there must be a removal from of- f the standard for a criminal case. The fice? So it is an individual determina- Constitution is written in criminal tion. MORNING BUSINESS The PRESIDENT pro tempore. terms of high crimes and mis- The PRESIDENT pro tempore. Under demeanors. That is one of the reasons Thank you very much. And now will the clerk read the ques- the previous order, the Senate will pro- why historically you have had these ar- ceed to legislative session for a period ticles crafted closely to the Criminal tion from Senator LEAHY. The assistant legislative clerk read of morning business with the Senator Code. In fact, many impeachments ac- from Florida, Mr. LEMIEUX, recognized tually took directly from a prior in- as follows: Senator Leahy’s question to both sides: to speak therein for up to 15 minutes. dictment and made the indictable Senator LEMIEUX. counts the Articles of Impeachment. The Senate Judiciary Committee requires a sworn statement as part of a detailed ques- The PRESIDING OFFICER (Mrs. The House has argued that standard tionnaire by a nominee. Until this question- HAGAN). The Senator from Tennessee. is not necessary and too high. Well, we naire is filed, neither the Judiciary Com- Mr. CORKER. I suggest the absence would submit to you—and we will cer- mittee nor the Senate votes to advise and of a quorum. tainly argue this when we get to the consent to the nomination. Would not per- The PRESIDING OFFICER. The merits—that in the House recently, jury on that questionnaire during the con- clerk will call the roll. firmation process be an impeachable offense? when they held a Member up for cen- The legislative clerk proceeded to sure, they had a clear and convincing The PRESIDENT pro tempore. Pro- call the roll. standard, that you must at least be fessor Turley. Mr. LEMIEUX. Madam President, I satisfied with clear and convincing evi- Mr. TURLEY. Thank you, Mr. Presi- ask unanimous consent that the order dence. In my view, as an academic, it dent. Thank you, Senator LEAHY. for the quorum call be rescinded. In my view, yes, that is if you com- must be somewhere between clear and The PRESIDING OFFICER. Without mit perjury in the course of confirma- convincing and beyond a reasonable objection, it is so ordered. doubt. tion, that would be basis for removal. What is more clear, Senator, is what In fact, I believe Mr. SCHIFF made ref- f it is not; that is, if you read the im- erence to perjurious statements by peachment clauses, the clear message Judge Porteous. We will be addressing FAREWELL TO THE SENATE is that you can’t just take facts that that because that is not charged. are in equipoise—allegations supported What would have to be done is the Mr. LEMIEUX. Madam President, I by one witness and denied by another— House would have to accuse someone of rise to pay tribute to the body with and just choose between them; that the perjury as in the Hastings case and which I have had the privilege of serv- facts have to, in your mind, go beyond have perjurious statements, and then I ing for the past 15 months. Being a U.S. a simple disagreement and be estab- could stand here and tell you why Senator, representing 181⁄2 million Flo- lished, in our view, at a minimum by there is no intent to commit perjury or ridians, has been the privilege of my clear and convincing evidence. why the statements were, in fact, true. lifetime, and now that privilege is com- The PRESIDENT pro tempore. Rep- While Mr. SCHIFF referred to perjury, ing to an end. As I stand on the floor of resentative SCHIFF. once again, perjury is not one of the the Senate to address my colleagues Mr. Manager SCHIFF. Mr. President, Articles of Impeachment. And what I this one last time, I am both humbled Senators, the Senate has considered would caution—even though it can be, and grateful, humbled by this tremen- and rejected the adoption of any par- I would again caution this should not dous institution, by its work, and by ticular standard, such as beyond a rea- be an ad hoc process by which you can the statesmen I have had the oppor- sonable doubt. What the Senate has de- graft on actual criminal claims by im- tunity to serve with, who I knew only termined in the past in these cases is plying them in language issued by the from afar but now am grateful that I that, essentially, each Senator must House. can call those same men and women decide for themselves, are they suffi- The PRESIDENT pro tempore. Con- my colleagues. ciently satisfied that the House has gressman SCHIFF. No endeavor worth doing is done met its burden of proof, are they con- Mr. Manager SCHIFF. Thank you, alone. And my time here is no excep- vinced of the truthfulness of the allega- Mr. President, Senators. This essen- tion. In the past 16 months, I have tions and that they rise to a level of tially is what article IV is about which asked the folks who worked with me to high crimes and misdemeanors. charges Judge Porteous with making try to get 6 years of service out of that It is a decision where—and we can false statements to the FBI and to the time, and they have worked tirelessly get into precise language the Senate Senate during his confirmation proc- to achieve that goal.

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.019 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8575 My chief of staff Kerry Feehery, my three small sons—Max, Taylor and have to do what businesses and fami- deputy chief of staff Vivian Myrtetus, Chase, 6, 4, and 2. She knew something lies do all across this country: Make my State director Carlos Curbelo, Ben that others didn’t know—that we were tough choices, make ends meet. Moncrief, Michael Zehy, Ken Lundberg, going to have another baby and that I have proposed such a cap. I have Melissa Hernandez, Maureen Jaeger, baby was born here in Washington, our proposed going back to the 2007 level Danielle Joos, Brian Walsh, Frank daughter Madeleine. spending across the board. Was our Walker, Spencer Wayne, Vennia Fran- Throughout all of my travels, she has spending in 2007 so austere that we cois, Victor Cervino, Taylor Booth, and been an unfailing support for me, I love could not live with it just 3 years many, many others have made our her dearly, and I am appreciative to later? If we did, we would balance the time here worthwhile, and I thank all her. budget in 2013 and we would cut the na- of them. I specially thank Vivian and It has been the privilege of my life to tional debt in half by 2020 and you Maureen who left their families and serve here, but I would not be fulfilling would save America. gave up precious time with their chil- my charge in my final speech if I did Unlike most problems that Congress dren to come to Washington to support not tell you what weighs on my mind addresses, this problem is uniquely me in these efforts. and lays upon my heart about the di- solvable by Congress. Congress can’t I am also thankful to the people who rection of this country. So what I say win wars. Only the brave men and work in our State office. Time and to you now is with all due respect, but women in our military, who we espe- time again when I travel around Flor- it is with the candor that it deserves. cially remember on this day, December ida I am encountered by people who The single greatest threat to the fu- 7, of all those who have served for our have received such a warm reception ture of our Republic and the prosperity country in all of our wars to keep us from the men and women who serve us of our people is this Congress’s failure safe and free, only those men and in Florida and help people deal with to control spending. In my maiden women can win a war. Congress cannot problems with the Federal Govern- speech, I lamented a world where my lead us out of recession. Only job cre- ment. I am grateful for their work. children would one day come to me and ators and businesses can create jobs. Senator MCCONNELL has provided me say they would find an opportunity in But this problem is solely of Congress’s with opportunities beyond my expecta- another country instead of staying making and uniquely solvable by this tions. He is a great leader, and I am here in America because those opportu- body. grateful to him. Senators ALEXANDER, nities were better there. In 1 year’s What Congress should do is strength- BURR, CORNYN, KYL, MCCAIN, CORKER, time that lament has proven to be too en its oversight. The lack of oversight and many others have taken me under optimistic, because the challenge that in Washington is breathtaking. Evalu- their wings and mentored me, and I am confronts us will not wait until my ate all Federal programs. Keep what appreciative of them. children grow up. works; fix what you should; get rid of Chairmen ROCKEFELLER and LEVIN, When I came to Congress just 15 the rest. Return the money to the peo- we have had the opportunity to do months ago, our national debt was $11.7 ple and use the rest to pay down this great work together in your commit- trillion. Today, it stands at $13.7 tril- cataclysmic debt. tees. I thank you for that. Senators lion. It has gone up $2 trillion in 15 The recent work of the Debt Commis- CANTWELL, KLOBUCHAR, LANDRIEU, months. It took this country 200 years sion is a good start, and I commend my WHITEHOUSE, and BAUCUS, we have to go $1 trillion in debt. Our interest Senate colleagues who voted for this worked together in a commonsense payment on our debt service is nearly measure. It was courageous for them to way to pass legislation that is good for $200 billion now. At the end of the dec- do so. the American people, and I am appre- ade, when our debt will be nearly $26 But out-of-control spending is not ciative of your efforts. trillion, that interest payment will be just a threat because it is Senator Mel Martinez, who ably held $900 billion. unsustainable; it is also changing who the seat before me, has been generous When that interest payment is $900 we are as Americans. Remember, our in his advice and counsel. Senator NEL- billion, this government will fail. And Founders told us that the powers dele- SON and his wife Grace have been warm long before that time the world mar- gated to the Federal Government were and welcomed Meike and I to Wash- kets will anticipate that and our mar- ‘‘few and defined,’’ the powers to the ington. I am thankful for your cour- kets will crash. This is not hyperbole; State ‘‘numerous and indefinite,’’ ex- tesy. I thank Governor Crist. He has af- it is the truth. Not since World War II tending to ‘‘all the objects which in the forded me tremendous opportunities has this country faced a greater threat. course of affairs, concern the lives, lib- for public service, and I am grateful. Not since the Civil War has this threat erties and properties of the people.’’ I want to say a special thank you to come from within. The current size and scope of the my parents. My grandfather, in 1951, How has Congress arrived at this mo- Federal Government is corrosive to the drove his 1949 Pontiac from Waterbury, ment? For the past 40 years, Congress American spirit. The good intentions of CT, to Fort Lauderdale, FL, with his has spent more than it could afford. It Members of Congress to solve every wife and five kids piled in the back. He has borrowed from Social Security and real or perceived problem with a new didn’t know anybody. He didn’t have a foreign governments, delaying making Federal program, and the false light of job. But he went there to make a bet- honest choices and prioritizing on what praise that attaches to the giving away ter life for his family. He worked in the it should spend. Budgeting in Wash- of the people’s money, endangers our trades, in construction. He built houses ington seems to be nothing more than Republic. Every new program chips and he taught my father the same adding to last year’s budget. We are away at what it means to be an Amer- thing. And as my father worked in the funding the priorities of the 1960s, ican, harms our spirit, and replaces our hot Florida Sun, his ambition for his 1970s, 1980s, and 1990s without any real self-reliance with dependency, sup- son was that he would one day get to evaluation of whether those are still plants an opportunity ethic with an en- work in air-conditioning. I have good priorities and certainly not to see titlement culture. It is at its base un- achieved that goal and so much more whether they are being done efficiently American. because of their sacrifice. Mom and and effectively: It is as if a teenage It is not the Government’s role to de- Dad didn’t go to college but they sent child received not only all the gifts on liver happiness. Rather, it is its role to me to college and law school, and I will their Christmas list this year but the stay clear of that path to allow our be forever grateful for what they have gifts on all their Christmas lists going people to pursue that God-given right. done for me. back to when they were three. What has created our prosperity, My most heartfelt appreciation goes It is clear Congress is capable of solv- after all, is not our government, it is to my wife Meike. When I learned of ing this problem with business as our free market system of capitalism. this appointment, I met her at the door usual. What is needed is across-the- It is through the healthy cut and of our home in Tallahassee and she was board spending caps to right the ship. thrust of the marketplace that new crying. She was not just crying because An across-the-board spending cap will technologies, new jobs, and new wealth she was happy; she was crying because necessitate oversight and require are created. Through that dynamic she was worried. We at the time had prioritization. Congress will finally process some win and some lose, but it

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.020 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8576 CONGRESSIONAL RECORD — SENATE December 7, 2010 allows all of our people, regardless of Mikulski Sessions Udall (NM) him the subject of compromise or coer- Murray Shaheen Vitter their race, gender, creed, color, or Nelson (NE) Shelby Voinovich cion—was to prevent the damage to the background the opportunity to succeed Nelson (FL) Snowe Warner institution of the judiciary that would or fail. And it ensures for us that Pryor Specter Webb be caused by putting a corrupt man on unique expression ‘‘only in America’’ is Reed Stabenow Whitehouse the bench. Reid Udall (CO) Wyden not just a refrain from the past but an What happened when the judge took anthem for the future. Mr. REID addressed the Chair. the Federal bench was all but predict- Can you imagine the tragedy if the The PRESIDENT pro tempore. The able: The corruption continued. The downfall of the American experiment majority leader is recognized. judge declares bankruptcy; he files was caused by a failure of this Congress Mr. REID. Mr. President, is a quorum with a false name and signs under pen- to control its spending? The challenge present? alty of perjury; he hides assets; falsely of this generation is before you and it The PRESIDENT pro tempore. A states his income; secretly takes out a is not beyond your grasp. There is quorum is present. new credit card; violates the bank- nothing we as Americans cannot do. The Senate will resume consideration ruptcy court order by incurring new We have fought imperial Japan and of the Articles of Impeachment against debt; he files false judicial financial Nazi Germany at the same time and Judge G. Thomas Porteous, Jr. disclosures stating that he has no more beaten both. We have put a man on the The Chair understands that final ar- than $30,000 worth of credit card debt Moon. We have mapped the human ge- guments for the House on the Articles when he owes over $100,000 on his credit nome. And in the spare bedrooms and of Impeachment will be presented by cards; and, most pernicious to the in- garages and dorm rooms of our people, Representative SCHIFF and Representa- terests of his creditors, he keeps on our citizens have created the greatest tive GOODLATTE. Mr. SCHIFF has asked gambling. inventions and the greatest businesses to speak first. Mr. SCHIFF, do you wish The judge is assigned a complex case the world has ever known, which have to reserve time for closing, and, if so, and a trial that has been years in the employed millions of people and al- how much time? making, pitting a hospital against a lowed them to pursue their dreams, all Mr. Manager SCHIFF. Mr. President, pharmacy, and worth many tens of mil- in the freest and most open society in if it is permitted, after I make some lions of dollars. Six weeks before trial, the history of man. brief introductory remarks, I will turn one of the lawyers who had been paying We are that shining city on the hill. it over to my colleague, Mr. GOOD- him kickbacks in the State court is We are that beacon of freedom. We are LATTE, to speak. When he is finished brought in at the last minute to rep- that last best hope for mankind upon speaking, we would like to reserve the resent the pharmacy. which God has shed his grace. balance of our time unless we are re- The hospital smells a rat. They do President Theodore Roosevelt said quired to set that up in advance. not know about the kickbacks, but that one of the greatest gifts that life The PRESIDENT pro tempore. You they are suspicious about why an at- has to offer is the opportunity to do may proceed. torney with no experience in the case work that is worth doing. I can’t think Mr. Manager SCHIFF. Mr. President or complex bankruptcy litigation of a greater gift than the work that and Members of the Senate, this is a would be brought in. So they ask lies before you: righteous in its cause, case about a State court judge from around, and they do not like what they noble in its purpose, and essential for Gretna, LA, who had a gambling prob- hear. They ask the judge to recuse the prosperity of our people. lem and a drinking problem, and as a himself and he refuses, falsely rep- I will always cherish the relation- result of both of those problems also resenting that he never received money ships I have gained here and the work had serious financial problems. He was from the attorneys but once, and even we have done together. God bless you, constantly short of money. that was only a campaign contribution God bless the U.S. Senate, and God This judge entered into a corrupt that went to all of the judges of that bless our great country. scheme with lawyers and bail bonds- parish. I yield the floor. men who could help him lead a life- The case goes to trial, and is taken style he could not otherwise afford. He under submission by the judge. While f sent the lawyers cases. They kicked he is considering how to rule, he goes back money from those cases to the RECESS fishing with the lawyer who paid him judge, and they paid for many of his the kickbacks and hits him up for The PRESIDENT pro tempore. The meals, his liquor, his parties, even $2,000 more in cash. The two partners Senate stands in recess until 2:30 p.m. some of his son’s expenses. at the law firm put the cash in an enve- Thereupon, the Senate, at 12:49 p.m., He set bonds for the bail bondsmen at lope, and the judge sends his secretary recessed until 2:30 p.m. and reassem- the amounts that would maximize to pick it up. At the law firm, the bled when called to order by the Pre- their profits. He expunged the convic- judge’s secretary asks: What is in the siding Officer (Mr. BEGICH). tions of their employees, and they also envelope? The lawyers’ secretary rolls f paid for many of his meals, his trips, her eyes. ‘‘Never mind,’’ the judge’s his home repairs, his car repairs, and secretary says, ‘‘I don’t want to know.’’ IMPEACHMENT OF JUDGE G. lavish gifts. The relationship with the bail bonds- THOMAS PORTEOUS, JR.—Continued The White House was not aware of man is not over either. He can no Mr. DURBIN. Mr. President, I sug- this corrupt activity and nominated longer set bonds for them, but he can gest the absence of a quorum. the judge to the Federal bench. The help them recruit other judges who will The PRESIDING OFFICER. The judge misled the Senate about his step into his shoes by vouching for clerk will call the roll. background, concealed the kickbacks their character, by bringing them to- The assistant legislative clerk pro- and graft, waited until after his con- gether, and he does. And now we are ceeded to call the roll and the fol- firmation hearing but before he was here. lowing Senators entered the Chamber sworn in to expunge the conviction of Everyone around the judge has fall- and answered to their names: another bail bond employee, and false- en. The bondsmen have gone to jail. [Quorum No. 7] ly told the Senate that there was noth- The other State judges he helped re- ing in his background that would ad- cruit have also gone to jail. The law- Akaka Coburn Hatch Alexander Cochran Inouye versely affect his confirmation. yers who gave him the cash have lost Barrasso Collins Isakson Unaware of what the judge had been their licenses and given up their prac- Begich Crapo Johanns engaged in, he was confirmed. The very tices. Most of all, the institution itself Bennet Dorgan Klobuchar Bennett Durbin Kyl reason why the information sought by has suffered greatly. Litigants and the Bingaman Enzi Leahy the Senate was so material—whether public in New Orleans wonder, in see- Bond Feingold Levin he had a drinking problem; whether he ing the example of this judge, whether Brown (OH) Franken Lugar had a gambling problem; whether he they too must pay a judge in cash and Burr Grassley McCain Cantwell Gregg McCaskill lived beyond his means; whether he had under the table, do the home or car re- Cardin Hagan Merkley engaged in conduct that would make pairs or other favors for the judge to

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.022 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8577 win their case or have their conviction Again, I will emphasize, please don’t try to President, let me just say that I know expunged. convince my colleagues that the Creely dep- it is difficult for some of the Senators Only the judge remains defiant, osition was just about a free lunch. It was to see these exhibits. At the conclusion claiming his problems are no more not, and I can cite what I heard that day. of the closing arguments, we will leave than the appearance of impropriety, The 12 Senators who heard these wit- all of these exhibits for the Senators to not actual wrongdoing. He retains his nesses can cite what they heard during examine, if that is appropriate with the office, his title, his full salary, though that trial, and they will be a tremen- Senate. he hears no cases and has not for years dous resource. As you see, here is an order signed by and, if he can just eke it out a little I would now like to introduce Mr. Judge Porteous assigning Robert longer, a full retirement. The judge is a GOODLATTE of Virginia for a detailed Creely to be the curator for a missing gambler, and he is betting he can beat presentation of the evidence the House party in a civil case. the system just one more time. presented. When he concludes, we will Creely and his law firm received a In a moment, I will turn it over to reserve the remainder of our time for fixed fee—$200—for handling each of my colleague, BOB GOODLATTE, to give rebuttal argument. these matters, and it was from those a detailed presentation that what the The PRESIDENT pro tempore. The fees that Judge Porteous sought the House proved at trial were high crimes Chair recognizes Representative GOOD- cash from Creely and Amato. This cor- and misdemeanors committed by Judge LATTE. rupt scheme went on for years. The proof of this series of events is G. Thomas Porteous. The remarkable Mr. Manager GOODLATTE. Thank evidenced by the interwoven and con- thing about this case is that most of you, Mr. SCHIFF. sistent testimony of Creely, Amato, the pertinent facts are not in dispute. Mr. President, let me turn to what and Judge Porteous himself in his tes- As the neutral, factual report prepared the evidence showed. timony under oath before a special by the Senate Impeachment Trial Com- By way of background, in the early committee of the Fifth Circuit. It is mittee demonstrates, the evidence on 1970s, Judge Porteous practiced law as also corroborated by the court records. a partner with Jacob Amato. Robert most of the salient points was First, Creely testified that after Creely was an associate who worked for uncontested. Judge Porteous started assigning the At the same time, the report is not a them. Amato and Creely ultimately curatorships, Judge Porteous then substitute for hearing from the wit- split off and formed their own law firm started calling over to his office and nesses themselves. Because that is not as equal partners. They each remained saying: ‘‘Look, I’ve been sending you possible for the entire Senate, you are friends with Judge Porteous. curators, you know, can you give me hearing from the Senators who did. In 1984, Judge Porteous was elected the money for the curators?’’ Creely The Senate impeachment committee of judge of the 24th Judicial District testified that even though he pre- 12 conducted a remarkable trial, Court in Jefferson Parish, LA, with its viously had resisted giving Judge weighed the credibility of every wit- courthouse in Gretna, outside New Or- Porteous cash, he now would give him ness, ruled on every objection, heard leans. He served as a State judge from cash in response to Judge Porteous’s every argument, and they will be a August 1984 through October 28, 1994, demand because it ‘‘wasn’t costing great resource to you in your delibera- when he was sworn in as a U.S. district [him] anything.’’ It did not cost Creely tions. judge for the Eastern District of Lou- anything because the money Creely To give but one example, it is isiana. gave Judge Porteous came from the cu- uncontested that Judge Porteous solic- Starting with article I, let me first ratorship fees. ited and received $2,000 in cash secretly describe what the evidence established Amato—who split the payments to from an attorney and his partner while concerning Judge Porteous’s ‘‘curator- Judge Porteous with Creely 50–50—cor- that attorney’s case was under submis- ship’’ kickback scheme with Creely roborated Creely’s account of events. sion. Judge Porteous himself admits and Amato. Amato testified that Creely informed this before the Fifth Circuit. The judge While he was a State court judge, him ‘‘that the judge was sending cura- called it a loan that he never paid Judge Porteous started to ask Creely tor cases to him and that he would, in back. But his counsel has taken to call- for money. At first, he asked for small turn, give money to the judge.’’ Amato ing it a wedding gift, as if it were a amounts—$50 or $100—money that agreed to go along with the arrange- piece of China from the Pottery Barn. Creely had in his wallet, which Creely ment but told Creely that ‘‘it was Significantly, no one other than de- would give him. At some point in the going to turn out bad,’’ which it clear- fense counsel has ever called this cash mid to late 1980s, Judge Porteous began ly has. Amato testified he knew the cu- a wedding gift—not Amato and Creely, to request more significant sums from ratorship scheme was wrong but he was who paid it, not the secretary who de- Creely, amounts in the range of $500 or not ‘‘strong enough’’ to say no to what livered it, and not even the judge him- $1,000. Creely resisted giving Judge he understood to be a classic kickback self. This is at best defense counsel at Porteous that sort of money. As Creely arrangement. his most creative. The 12 Senators who testified: Creely and Amato provided Judge heard the testimony are in the best po- I did tell him I was tired of giving him Porteous cash every few months in re- sition to refute those characterizations cash. . . . I felt put upon that he continued sponse to Judge Porteous’s requests. which are so at odds with the evidence. to ask—I thought it was an imposition on They gave him cash, as opposed to One last example before I turn it over our friendship. . . . I told him a couple of checks drawn on the firm’s accounts. to Mr. GOODLATTE. The defense has times [‘‘]I’m tired of giving you money. I’m According to Amato’s testimony, this tired of you asking for money.’’ suggested many times during prior pro- was ‘‘to avoid any kind of paper trail.’’ ceedings—and may today—that Judge Judge Porteous needed cash, and As Creely testified, they gave him cash Porteous has been impeached for noth- Creely would not give it to him. So because ‘‘that’s what Judge Porteous ing more serious than having lunch what did Judge Porteous do? The evi- wanted.’’ In most instances, Creely with attorneys or bail bondsmen. This dence demonstrated that Judge gave the cash to Judge Porteous; how- was represented to the committee of 12 Porteous came up with what was a ever, both Amato and Creely testified Senators after the pretrial deposition kickback scheme. Judge Porteous used that on occasion Amato personally of Bob Creely, at which only Senator the power of his judicial office to as- gave Judge Porteous the cash as well. JOHANNS was present. But because Sen- sign Creely ‘‘curatorships’’ and then re- Judge Porteous confirmed in his tes- ator JOHANNS had heard the testimony, quested and received from Creely and timony under oath before the Fifth Cir- he was able to inform the other Sen- his partner Amato a portion of the fees cuit the essential aspects of this ators of what Creely had really said. As received by their law firm for handling scheme. Judge Porteous admitted that, JOHANNS admonished the defense: those cases. Over time, Judge Porteous one, he received cash from Creely; two, I sat through the Creely deposition, and to received approximately $20,000 from at some point in time, Creely expressed suggest that this was about a purchased Creely and Amato as a result of this ar- his displeasure with giving Judge lunch is really, in my personal opinion, very rangement. Porteous cash; three, thereafter, Judge misleading. Let me show you what one of these Porteous started assigning Creely cura- He later went on to say: orders looks like. As you see here—Mr. torships; and four, that Judge

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.025 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8578 CONGRESSIONAL RECORD — SENATE December 7, 2010 Porteous’s receipt of cash from Creely the two men separate and apart from the Liljebergs on the eve of the trial. and Amato followed his assigning the curatorships. Even Amato testified: ‘‘I am sure my Creely curatorships. Let me provide you with a little bit relationship with Judge Porteous had First, Judge Porteous admitted he more flavor as to Judge Porteous’s re- something to do with it.’’ received cash from Creely and Amato. lationship with Amato and Creely. Al- Mole was concerned that Judge Question. When did you first start getting though I have focused on the cash and Porteous would figure out some way of cash from Messrs. Amato, Creely, or their curatorships, I should stress that Judge giving an award to the Liljebergs to law firm? Porteous depended on the two men to benefit Amato. Mole feared that with Answer. Probably when I was on the state provide for his entertainment and sup- Amato on the other side, he would not bench. port his lifestyle in other major re- Question. And that practice continued into receive a fair trial. So Mole did the 1994, when you became a federal judge, did it spects. only thing he could do under the cir- not? For example, while Judge Porteous cumstances. He filed a motion asking Answer. I believe that’s correct. was a State judge, both Amato and Judge Porteous to recuse himself, Judge Porteous confirmed that there Creely frequently took Judge Porteous which essentially requested that Judge came a time when Creely expressed re- to lunch at expensive restaurants. Porteous have the case assigned to an- sistance to giving Judge Porteous Amato testified that he took Judge other judge. Mole drafted the motion money before the curatorships started. Porteous to lunch ‘‘a couple of times a based on his limited understanding of Question. Do you recall Mr. Creely refusing month,’’ amounting to ‘‘potentially the facts, alleging in substance only to pay you money before the curatorships hundreds of lunches,’’ and that Judge ‘‘that there was a close relationship be- started? Porteous paid only two or three times tween Judge Porteous and Mr. Amato Answer. He may have said I needed to get out of a hundred. At these lunches, and Levenson,’’ that they were known my finances under control, yeah. Amato testified he typically paid for to socialize together, that Amato and Judge Porteous admitted that his re- ‘‘at least two’’ Vodka drinks for Judge the judge had been law partners, and ceipt of cash from Creely and Amato Porteous. Similarly, Creely also took that the timing of Amato’s entry into ‘‘occasionally’’ followed his assignment Judge Porteous to lunch approximately the case, just a few weeks prior to of curatorships to Creely. Although twice a month. Creely testified that trial, ‘‘created suspicion.’’ Judge Porteous refused to label the ar- when he and Judge Porteous went to Mole had no idea that Amato, along rangement as a ‘‘kickback,’’ he accept- lunch, either Creely paid or someone with his partner Creely, had actually ed the description of the arrangement else paid but ‘‘[n]ot Judge Porteous.’’ given Judge Porteous approximately that he had with Creely and Amato as In addition, Amato and Creely hosted $20,000 pursuant to the curatorship one where he gave ‘‘Creely and Amato Judge Porteous on a variety of hunting kickback arrangement, nor did he . . . curatorships and [was] getting and fishing trips and arranged those know about the other things of value cash back.’’ trips, some of which involved air travel that Amato or Creely had provided to What about the court records? to Mexico, so that Judge Porteous Judge Porteous. During its investigation, the House never paid. Judge Porteous held a hearing on located close to 200 orders signed by They gave him cash on at least one Mole’s motion. Judge Porteous’s state- Judge Porteous assigning Creely ‘‘cura- other occasion at his request. In the ments at the recusal hearing are set torships’’ between approximately 1988 summer of 1994, when Judge Porteous’s forth in detail in our brief, and the and 1994. All of these orders are in evi- son Timothy was in Washington, DC, hearing transcript is also in evidence. dence. These curatorships generated for an ‘‘externship,’’ Judge Porteous So I am not going to repeat all of them fees of nearly $40,000 to the firm. Both had his secretary, Rhonda Danos, so- here. Creely and Amato have testified con- licit and receive money from Creely In sum, Judge Porteous made a series sistently that they gave Judge and Amato to ‘‘sponsor’’ Timothy’s po- of deceptive, misleading, and lulling Porteous about 50 percent of the pro- sition and pay for his expenses. This is statements in which he minimized his ceeds of the curatorship fees or ap- all in the record. relationship with Amato, concealed the proximately $20,000 in total. Now let me turn to Judge Porteous’s fact of a curatorship kickback scheme, For his part, Judge Porteous testified relationship with Amato and Creely and criticized Mole for filing an un- at the Fifth Circuit that he had ‘‘no after he became a Federal judge. founded motion. earthly idea’’ how much Creely and On January 16, 1996, Judge Porteous, In essence, Judge Porteous portrayed Amato gave him, though he did not now a Federal judge, was assigned a the relationship with Amato as simply deny the total could have been more complicated civil action, Lifemark the same sort of unexceptional rela- than $10,000. Judge Porteous testified Hospitals v. Liljeberg Enterprises. The tionship that he would have had with as follows: Liljeberg case involved a hospital— any member of the bar. For example, Question. Judge Porteous, over the years, Lifemark—and a pharmacy— Judge Porteous stated: how much cash have you received from Jake Liljeberg—and involved bankruptcy Yes, Mr. Amato and Mr. Levenson are Amato and Bob Creely or their law firm? law, real estate law, and contract law. friends of mine. Have I ever been to either Answer. I have no earthly idea. The matter was particularly conten- one of them’s house? The answer is a defini- * * * * * tious with tens of millions of dollars at tive no. Have I gone to lunch with them? The Question. It could have been $10,000 or stake. answer is a definitive yes. Have I been going more. Isn’t that right? The case was set for a nonjury trial to lunch with all the members of the bar? Answer. Again, you’re asking me to specu- before Judge Porteous in early Novem- The answer is yes. late. I have no idea is all I can tell you. ber 1996. He was to be the trier of law Even that is misleading because On October 28, 1994, Judge Porteous and fact. In mid-September, just 6 Judge Porteous had, in fact, accepted was sworn in as a Federal district weeks prior to the scheduled trial date, hundreds of meals at expensive res- judge. Judge Porteous was no longer in the Liljebergs filed a motion to enter taurants from Amato and his partner a position to assign curatorships to the appearances of Amato and Leonard Creely. Creely and Amato, and he stopped ask- Levenson—another of Judge Porteous’s But, most significantly, Judge ing them for cash—at least for the time friends—as their attorneys. Porteous made no mention whatsoever being. The fact that Judge Porteous’s Amato was hired on a contingent fee of what he knew was really the issue; requests for cash from Creely and basis, which meant his law firm would that is, that he had received approxi- Amato temporarily came to an end at receive a percentage of any award. mately $20,000 in cash from Amato’s the same time he stopped assigning Amato estimated that if the Liljebergs law firm—money that he knew came them curatorships constitutes addi- prevailed in the case, he and his firm from Amato as well as Creely. tional powerful evidence that those would have received between $500,000 When Mole, at great disadvantage, two actions were inextricably con- and $1 million. If the Liljebergs lost, he made a reference to the fact that nected and that the cash payments would receive nothing. Amato and Levenson had contributed from Amato and Creely to Judge Lifemark’s lead counsel, Joe Mole, to Judge Porteous’s campaigns, Judge Porteous were not merely gifts from was alarmed when Amato was hired by Porteous went on the offense:

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.026 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8579 Well, luckily, I didn’t have any cam- velope. As Amato would later testify, tions in the past with Amato and paigns, so I am interested to find out it was ‘‘a decision I’ll regret until the Creely to enrich himself, had powerful how you know that. I never had any day I die.’’ financial motives to curry their favor, campaigns, counsel. I have never had As the Senate Impeachment Trial reward them for their past loyalty and an opponent. Committee Report found, the $2,000 was generosity, and encourage it in the fu- He went on to say: picked up by Judge Porteous’s sec- ture. The first time I ran, 1984, I think is the retary, Rhonda Danos. When Danos Thus, it is not surprising that Judge only time they gave me money. asked the law firm secretary what was Porteous ruled in all major aspects in That blanket statement was, of in the envelope, the secretary rolled favor of Amato’s clients, the Liljeberg. course, a deliberate falsehood because her eyes. In response, Danos said: Counsel for Lifemark testified that Amato and his firm had given Judge ‘‘Nevermind, I don’t want to know.’’ this was ‘‘a resounding loss’’ for Porteous approximately $20,000 in cash Like much of the other evidence, the Lifemark, and Lifemark appealed pursuant to the kickback scheme. fact that Judge Porteous solicited and Judge Porteous’s decision to the Fifth Judge Porteous concluded, with this received money from Amato in 1999 Circuit Court of Appeals. self-serving comment in which he while the Liljebergs case was pending In August of 2002, the Fifth Circuit promises to notify counsel if he has is not contested. Here is how Judge reversed Judge Porteous’s decision in any question that he should recuse Porteous testified under oath before most significant aspects. In doing so, himself, and concluded: the Fifth Circuit: the Fifth Circuit characterized various I don’t think a well-informed individual Question. [W]hether or not you recall ask- aspects of Judge Porteous’s rulings as can question my impartiality in this case. ing Mr. Amato for money during this fishing ‘‘inexplicable,’’ ‘‘constructed entirely So, in effect, what you have is Judge trip, do you recall getting an envelope with out of whole cloth,’’ ‘‘absurd,’’ ‘‘close Porteous, who knows the facts, just not $2,000 shortly thereafter. to being nonsensical,’’ and ‘‘not sup- Answer. Yeah. Something seems to suggest disclosing it, completely deceiving ported by law.’’ Lifemark and its counsel as to the true that there may have been an envelope. I don’t remember the size of an envelope, how After the case was reversed by the nature of his actual relationship with I got the envelope, or anything about it. Fifth Circuit and sent back to Judge Amato, and Judge Porteous announc- Question. Wait a second. Is it the nature of Porteous, the parties settled because ing to the world how honest he was— the envelope you’re disputing? Lifemark understandably did not want complete with the mock indignation. Answer. No. Money was received in [an] en- to go back before Judge Porteous. velope. Judge Porteous denied the recusal Article II. motion after the argument in open Question. And had cash in it? Now let me turn to article II—Judge court on October 16, 1996. Lifemark ap- Answer. Yes, sir. Question. And it was from Creely and/ Porteous’s relationship with bail pealed to the Fifth Circuit, seeking to or—— bondsmen Louis Marcotte and his sis- overturn Judge Porteous’s order. How- Answer. Amato. ter Lori Marcotte. For that, it is nec- ever, because of the false record cre- Question. Amato? essary to return to Judge Porteous’s ated by Judge Porteous at the recusal Answer. Yes. roots as a State court judge. hearing, that appeal was denied. Question. And would you dispute that the Trial was held without a jury in De- amount was $2,000? First, let me briefly describe how the cember of 1997, and Judge Porteous Answer. I don’t have any basis to dispute bail bonds business worked in Jefferson took the case under advisement. While it. Parish. the case was pending his decision, At the time he made the request, From the financial perspective of Judge Porteous continued to solicit Judge Porteous had significant finan- bail bondsman Louis Marcotte, he and accept cash and things of value cial leverage over Amato, and his solic- would make no money if the judge set from Amato and Creely. itation of cash from Amato had a bonds so high that the prisoner or his In May 1999, while Judge Porteous ‘‘shakedown’’ quality to it. Amato family could not afford to pay the pre- had not yet ruled on the case, he went bluntly acknowledged that one of the mium or if a judge set bond so low that to Las Vegas, NV, with several friends, factors that impacted his decision to the premium was an insignificant sum. including Creely, for his son’s bachelor give Judge Porteous the cash was that What Marcotte really wanted was for a party. Creely paid for Judge Porteous’s Amato stood to make a lot of money in bond to be set at the maximum amount hotel room and some incidental room connection with the Liljeberg case for which the prisoner could afford to charges amounting to over $500. He then pending in front of the judge, and pay Marcotte the premium, which was also paid over $500 for a portion of Tim- that Amato was not willing to ‘‘take typically 10 percent of the bond othy Porteous’s bachelor party dinner. the risk’’ of not giving Judge Porteous amount. That is how he maximized These payments amounted to more the cash the judge solicited. profits. He would interview the pris- than $1,100 and are set forth on Creely’s Judge Porteous’s solicitation of cash oner, know what the prisoner could af- American Express card, which is in evi- from Amato demonstrates Judge ford, and attempt to have bond set at dence. After the dinner, Creely accom- Porteous’s egregious misuse of his judi- that profit-maximizing amount. If a panied Judge Porteous and others to a cial power to enrich himself. A judge prisoner or his family could scrape to- strip club, where Creely gave an em- who engages in such conduct is unfit to gether $5,000, Marcotte would want a ployee $200 to pay for a lap dance for hold the office of U.S. district judge. judge to set bail at ten times that Judge Porteous and a courthouse em- In addition, Amato and Creely con- amount, or $50,000, even if a lower ployee. Judge Porteous admitted in his tinued to take Judge Porteous out to amount would have been appropriate. Fifth Circuit testimony that Creely expensive lunches on a regular basis Now, in the Gretna Louisiana Court- paid for his hotel room and a portion of and paid over $1,000 for a party in house where Judge Porteous sat, bail the dinner. honor of his fifth year on the bench. bondsmen like Marcotte dealt one-on- In June of 1999, while Judge Porteous Mole knew nothing of Judge one directly with the judges and mag- still had the Liljeberg case under con- Porteous’s relationships with Amato istrates to have them set bonds. Pros- sideration, the two men took a night- and Creely while the case was pending. ecutors and defense attorneys were vir- time fishing trip together. On the fish- Specifically, Judge Porteous did not tually never involved. ing trip, Judge Porteous told Amato he inform Mole of the meals, the pay- It is against this background that needed cash for his son’s wedding and ments of expenses in Las Vegas, or the Judge Porteous’s relationship with the requested that Amato give him ap- $2,000 cash payment. Marcottes can thus be understood. proximately $2,000. On April 26, 2000, Judge Porteous Marcotte needed a judge who would be In response to that request, Amato issued a written opinion in the receptive to his bond request—to re- agreed to give Judge Porteous the Liljeberg case. At that time, his finan- duce bonds when they were too high money he solicited. Amato supplied cial situation was desperate, and he and to set them in higher amounts if $1,000 and obtained approximately was just weeks away from meeting they were going to be set too low. As $1,000 from his partner Creely and gave with a bankruptcy attorney. Judge we know from Judge Porteous’s rela- Judge Porteous $2,000 in cash in an en- Porteous, who had taken judicial ac- tionship with Amato and Creely, Judge

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.027 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8580 CONGRESSIONAL RECORD — SENATE December 7, 2010 Porteous needed and welcomed finan- ford as part of the discussions where Judge Porteous wanted him to say. In cial support from whomever would pro- they requested that he set bail. effect, Marcotte acted as Judge vide it and was more than willing to As Senator RISCH observed during the Porteous’s agent in lying to the FBI. use his judicial power to obtain it. trial, it was really the poorest families Marcotte then reported back to Judge Judge Porteous and Marcotte each un- who were hurt by Judge Porteous’s re- Porteous as to the contents of the derstood what the other could do for lationship with Marcotte. An inherent interviews, and told Judge Porteous he him, and they formed a mutually bene- aspect of their corrupt dealings was gave him a clean bill of health. ficial corrupt relationship. that bonds would be set at a higher Indeed, there can be little pretense First, as to what the Marcottes gave amount than might have been set by a that the Judge Porteous-Louis Mar- Judge Porteous, the evidence estab- neutral judge who was not on the take. cotte relationship was anything other lishes the Marcottes frequently took And the opposite is also true: the than a corrupt business relationship. Judge Porteous to high-end res- public interest was potentially com- They were brought together by their fi- taurants for lunch, paying for meals promised when Judge Porteous reduced nancial needs. Marcotte was clear that and drinks. Over time, these lunches a bond at the Marcottes’ request which the only reason he took Judge may have occurred as much as twice thereby led to the release of someone Porteous to lunch, took him to Las per week. These lunches seemed to who otherwise should have been con- Vegas, fixed his cars, or fixed his house have started in or about 1992 and are fined. The Marcotte-Porteous relation- was because the judge was assisting corroborated by several witnesses. The ship perverted what should have been a them in setting bonds, and using the Marcottes let Judge Porteous invite neutral, detached process. prestige of his office to help them with whomever he wanted, especially other In addition to setting bonds as re- other judges. Marcotte testified: judges, and Judge Porteous’s presence quested, Judge Porteous took other ju- ‘‘[Judge Porteous] would do more when as the Marcottes’ guest helped the dicial acts of significance for the we would do more for him.’’ Marcottes establish their legitimacy. Marcottes. In 1993, at Louis Marcotte’s After Judge Porteous became a Fed- The Marcottes also paid for car re- request, Judge Porteous expunged the eral judge, he could no longer set bonds pairs and routine car maintenance for felony conviction of a Marcotte em- for the Marcottes. Nonetheless, the Judge Porteous. On occasion these re- ployee—Jeff Duhon—so Duhon could Marcottes would continue to take pairs were substantial and included obtain his bail bondsman’s license. Judge Porteous to lunch, particularly things such as buying new tires or en- In 1994, again at Marcotte’s request, when they sought to recruit other gine and transmission repairs or in- Judge Porteous set aside the convic- State judicial officers to take his place stalling a new radio. In addition, Mar- tion of another Marcotte employee, in a similar corrupt scheme, or to im- cotte employee Aubrey Wallace would Aubry Wallace. This took place during press business executives. Louis Mar- routinely pick up Judge Porteous’s car Judge Porteous’s last days on the State cotte explained that Judge Porteous to wash it and fill it with gas. bench and evidences the extent to ‘‘brought strength to the table’’ by his Wallace testified that Judge which Judge Porteous was beholden to presence and his assistance. Marcotte Porteous gave him his security code so the Marcottes. As I will get to in a few testified: ‘‘It would make people re- that he could go into the judge’s park- moments, Judge Porteous timed this spect me because, you know, I am sit- ing lot at the courthouse. Judge judicial action to occur after the Sen- ting with a Federal judge.’’ As Lori Porteous would leave the key under ate’s confirmation of him for the Fed- Marcotte described: ‘‘[State court the mat. Wallace would pick up Judge eral judgeship so as to conceal his cor- judges] would view us as trusted people Porteous’s car and return it washed, rupt relationship with the Marcottes because we were hanging around with a gassed, and occasionally with a gift and thereby not jeopardize his lifetime federal judge.’’ such as liquor left inside. appointment. Thus, Judge Porteous used the power No fewer than five witnesses corrobo- There was one more thing that Mar- and prestige of his office as a Federal rated the fact that the Marcottes paid cotte did for Judge Porteous as part of judge to help the Marcottes expand for Judge Porteous’s car repairs. their corrupt relationship when Judge their corrupt influence in the Gretna In addition, Marcotte also paid for Porteous was a State judge. In the courthouse by vouching for their hon- home repairs for Judge Porteous when summer of 1994, when Judge Porteous esty, vouching for their practices, and an 80-foot section of fence had to be re- was undergoing his background check, helping to recruit a successor. Our placed. Testimony at trial from Mar- the FBI interviewed Marcotte. In that post-trial brief details several in- cotte employees Duhon and Wallace es- interview, Marcotte lied for Judge stances of Judge Porteous providing as- tablished the project took 3 days to Porteous on three specific points. sistance to the Marcottes as a Federal complete. First, he stated that Judge Porteous judge. The Marcottes also paid for a trip to would have ‘‘a beer or two’’ at lunch, Let me talk about one of those in- Las Vegas for Judge Porteous. On this when, in fact, Marcotte knew that stances in particular. In 1999, at Louis trip, Judge Porteous’s secretary, Judge Porteous was a heavy vodka Marcotte’s request, Judge Porteous Rhonda Danos, had paid for the judge’s drinker with an alcohol problem who spoke to newly elected State judge transportation up front. The evidence would, on occasion, have five or six Ronald Bodenheimer. Prior to that is clear that Lori Marcotte later paid drinks. Second, Marcotte stated that conversation, Bodenheimer ‘‘stayed for this trip by giving Danos cash—in he had no knowledge of Judge away from Louis Marcotte’’ because he Judge Porteous’s chambers. Both Louis Porteous’s financial circumstances, had concerns about Marcotte’s char- Marcotte and Lori Marcotte testified when, in fact, he knew that Judge acter and believed that Marcotte was that the payment was in cash to con- Porteous struggled financially. doing drugs. During his conversation ceal the fact that the Marcottes had Finally, and most importantly, when with Bodenheimer, Judge Porteous— paid for this trip. There is no pretense interviewed by the FBI, Marcotte de- then a United States District Court that this was some sort of legitimate nied that there was anything in Judge Judge—vouched for Louis Marcotte’s act of generosity. It was obviously im- Porteous’s background that could sub- integrity. Bodenheimer took Judge proper and hidden by the parties for ject the judge to coercion, blackmail or Porteous’s statements seriously, and as that reason. leverage. This was also not true, be- a result of that conversation, In return, Judge Porteous willingly cause Marcotte himself knew that he Bodenheimer began to set bonds for the became Marcotte’s ‘‘go-to’’ judge for had a corrupt relationship with Judge Marcottes. setting bonds. Marcotte went directly Porteous and that he himself had lever- The Marcottes and Bodenheimer de- to Judge Porteous with recommended age over Judge Porteous because of veloped a relationship that took on the bond amounts—bond amounts that that relationship. In fact, Marcotte characteristics of the relationship that would maximize their income. Judge testified bluntly in September before had previously existed between Judge Porteous was receptive to them and the Senate Impeachment Trial Com- Porteous and the Marcottes. The signed countless bonds at their request. mittee that he could have ‘‘destroyed’’ Marcottes began providing They would go to his chambers and tell Judge Porteous had he chosen to do so. Bodenheimer meals, house repairs, and him how much the prisoner could af- Marcotte told the FBI what he believed a trip to the Beau Rivage casino, and

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.028 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8581 Bodenheimer in return began to set court, I want to stress that for the On April 9, 2001, Judge Porteous sub- bonds that would maximize profits for years leading up to his bankruptcy, mitted a ‘‘Statement of Financial Af- the Marcottes. Bodenheimer was even- Judge Porteous had concealed his debts fairs’’ and numerous bankruptcy sched- tually criminally prosecuted, pleaded in the financial statements that he ules. This time, they were filed under guilty, and was sentenced to prison on filed with the courts. Let me show you his true name. However, they were a Federal corruption count arising an example. false in numerous other ways, all re- from his corrupt relationship with the This is a little detailed, so let me flecting his desire to conceal assets and Marcottes. walk you through it. What you see here gambling activities from the bank- Let me now get to one final act of is the portion of Judge Porteous’s 1999 ruptcy court and his creditors. the Marcotte-Porteous relationship. In Financial Disclosure Report in which While I am not going through all his the early 2000s, the FBI was inves- he was required to disclose his year-end false statements during the bank- tigating State court judges—including liabilities. Judge Porteous reported ruptcy—they are detailed in our post- Bodenheimer—for corrupt misconduct two credit cards with the maximum li- trial brief—I want at least to point out arising out of their relationship with ability being $15,000 each—‘‘Code J’’— some to you: the Marcottes. On April 17, 2003, Louis for a total maximum liability of He falsely failed to disclose that he Marcotte signed an affidavit prepared $30,000. had filed for a tax refund claiming a by Judge Porteous’s attorney in which In fact, he had five credit cards with $4,143.72 refund, even though the bank- he falsely denied that he and Judge debts amounting to over $100,000. These ruptcy forms specifically inquired as to Porteous had a corrupt relationship. should have been reported on the form whether he had filed for a tax refund. I mention this 2003 affidavit for two in the Liabilities box as Code ‘‘K’’— As you see, this chart sets forth his reasons. First, this 2003 affidavit re- debts over $15,000. This form was bla- tax return, dated March 23, 2001—5 days flects that the corrupt relationship be- tantly false. before he filed for bankruptcy. tween the Marcottes and Judge Judge Porteous filed false financial It also shows the place on the form Porteous continued during his tenure statements that failed to honestly dis- where he was required to list any an- as a Federal judge. Second, just as close the extent of his credit card debts ticipated tax refund. The copy here is Marcotte’s 1994 false statements to the for each of the 4 years—1996 through not as clear as we would like, but ques- FBI helped obstruct the background 1999. Those forms are in evidence. tion 17 required Judge Porteous to dis- check investigation, Marcotte’s 2003 Even though Judge Porteous has not close ‘‘other liquidated debts owing false affidavit—prepared by Judge been charged in any article with filing debtor including tax refunds.’’ As you Porteous’s attorney—was a part of an false financial reports, these reports see, the box ‘‘none’’ is checked. Judge effort to obstruct a criminal investiga- constitute powerful evidence as to Porteous never disclosed the fact of tion. In both instances Marcotte lied to Judge Porteous’s intent. These false fi- this refund—not to his attorney, not to the FBI to assist Judge Porteous by nancial reports make it clear that the his creditors, and not to the bank- concealing their corrupt relationship. false statements in bankruptcy were ruptcy court. Instead, he kept it secret, It reflects how even in 2003, Judge part of a conscious course of conduct and the money went right into his Porteous was compromised by his rela- involving his concealment of financial pocket. tionship with Louis Marcotte. activities, and not some set of innocent He deliberately failed to disclose that In March 2004, Louis Marcotte plead- mistakes or oversights as claimed by he had gambling losses within the prior ed guilty to a racketeering conspiracy counsel. year, even though the forms specifi- charge involving his corrupt relation- In 2000, Judge Porteous met with cally asked that question. In fact, ship with State judges. He was sen- bankruptcy attorney Claude Lightfoot Judge Porteous has admitted before tenced to 38 months in prison. His sis- about his financial predicament. The the fifth circuit that he had gambling ter Lori Marcotte pleaded guilty at the evidence demonstrates that Judge losses. In the days immediately prior same time as her brother and was sen- Porteous did not tell Lightfoot at that to filing for bankruptcy, he paid casi- tenced to 3 years probation, including 6 time—or indeed at any time—that he nos debts that he owed them in order months of home detention. gambled. to avoid listing those casinos as unse- In his House testimony, his deposi- The two men decided that Lightfoot cured creditors. Additionally, he failed tion, and at trial, Louis Marcotte re- would attempt to work out Judge to record those preferred payments to peatedly described Judge Porteous’s Porteous’s debts owed to his creditors, creditors in the bankruptcy forms overall impact on the Marcottes’ busi- and then, if that failed, that Judge which required their disclosure, and ness as even more significant than two Porteous would consider filing for failed to tell his attorney about them. other State judges who were federally bankruptcy. Lightfoot’s attempt at a Thus, casinos to which Judge Porteous prosecuted and were sentenced to jail. ‘‘workout,’’ failed, and, in about Feb- owed money in March of 2001 received Question. Mr. Marcotte, you testified in re- ruary of 2001, Lightfoot and Judge 100 cents on the dollar while other sponse to Mr. Turley that you did things for Porteous commenced preparing for creditors received but a fraction of lots of judges. chapter 13 bankruptcy. that amount. Judge Porteous favored Answer. Yes, I did. Prior to filing for bankruptcy, Judge casinos over other creditors because he Question. And some of those judges went Porteous, in consultation with Light- did not want to jeopardize his ability to prison, did they not? Answer. Yes, they did. foot, agreed that he would file his to take out credit and gamble at the Question. Of all the judges that you did bankruptcy petition under a false casinos while in bankruptcy. things for, who was the most important name. To further this plan, Judge He had his secretary pay off one of judge to you, ever? Porteous obtained a post office box, so his wife’s credit cards 5 days prior to Answer. Thomas Porteous. that his initial petition would have filing for bankruptcy. Judge Porteous Now let me turn to article III involv- neither his correct name nor a readily then reimbursed his secretary and ing Judge Porteous’s bankruptcy while identifiable address. failed to disclose this preferred pay- he was on the Federal bench. If you look at this exhibit, you will ment to the credit card company on his The evidence demonstrated that see that ultimately, on March 28, 2001, schedules that he filed under oath with throughout the 1990s and into 2001, Judge Porteous—a sitting Federal the court. Judge Porteous’s financial condition judge—filed for bankruptcy under the He reported his account balance in deteriorated, largely due to gambling false name ‘‘G. T. Ortous’’ and with a his checking account as $100, when on at casinos, to the point that by March post office box that Judge Porteous the day prior to filing for bankruptcy of 2001, when he filed for bankruptcy, had obtained on March 23, 2001, listed he had deposited $2,000 into the ac- he had over $190,000 in credit card debt. as his address. Judge Porteous signed count. He deliberately failed to dis- His credit cards and bank statements his petition twice, once under the rep- close a Fidelity money market account in the years preceding his bankruptcy resentation: ‘‘I declare under the pen- that he regularly used in the past to reflect tens of thousands of dollars in alty of perjury that the information pay gambling debts. This particular cash withdrawals at casinos. provided in this petition is true and nondisclosure demonstrates Judge Before discussing how Judge correct,’’ the other over the typed Porteous’s determination to have a se- Porteous deceived the bankruptcy name ‘‘G.T. Ortous.’’ cret account available with which to

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.014 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8582 CONGRESSIONAL RECORD — SENATE December 7, 2010 pay gambling debts while in bank- Let me now discuss article IV, and duce the bond for an individual who ruptcy. This nondisclosure clearly was for that I need to return to the summer had been arrested. not inadvertent, since the evidence is of 1994. Let me set the stage. At that So on August 18, 1994, the FBI con- clear that he wrote a check on that ac- time, while Judge Porteous was being ducted a second in-person interview count on March 27, 2001, the day prior considered for a Federal judgeship, he with Judge Porteous, this time probing to filing for bankruptcy. was engaging in two corrupt schemes: possible illegal conduct on his part in The single organizing principle that first, the curatorship kickback scheme connection with bond setting. Again, arranges this pattern of false state- with Creely and Amato that I pre- the FBI writeup of the interview ments is Judge Porteous’s desire to viously described in connection with records Judge Porteous as stating that conceal assets and to conceal his gam- article I; and second, the corrupt rela- he was unaware of anything in his bling so that he could gamble while in tionship with the Marcottes I described background that might be the basis of bankruptcy without interference from in connection with article II. attempted influence, pressure, coercion the court or the creditors or even his Judge Porteous knew if the White or compromise and/or would impact lawyer. House and the Senate found out about negatively on his character, reputa- At a hearing of creditors on May 9, his relationships with either Creely tion, judgment or discretion. 2001, Judge Porteous, under oath, testi- and Amato or the Marcottes, he would And again he lied. fied that the schedules were accurate. never be nominated, let alone con- Finally, after he was nominated, the That statement, like so many of Judge firmed. In the course of the background United States Senate Committee on Porteous’s other statements under investigation, and during the confirma- the Judiciary sent Judge Porteous a oath, was false. At that hearing, the tion process, Judge Porteous was asked questionnaire for judicial nominees. bankruptcy trustee also informed questions on four separate occasions Again, I am showing you the docu- Judge Porteous that he was on a ‘‘cash that, if he were to answer the questions ment. Judge Porteous was asked the following question and gave the fol- basis’’ going forward. truthfully and candidly, required him lowing answer: At the end of June 2001, bankruptcy to disclose his relationships with Judge William Greendyke issued an Creely and Amato and the Marcottes. Question. Please advise the committee of order approving the chapter 13 plan, any unfavorable information that may affect On each instance, Judge Porteous lied. your nomination. specifically directing Judge Porteous Because those four statements are at Answer. To the best of my knowledge, I do not to incur new debt without the per- the heart of article IV, let me show you not know of any unfavorable information mission of the court. Notwithstanding exactly what Judge Porteous was that may affect my nomination. Judge Greendyke’s order, Judge asked and exactly what he answered. The signature block is in the form of Porteous did incur additional debt First, at some time prior to July of an affidavit that the information pro- without the permission of the court. He 1994, Judge Porteous filled out a form vided in the document is true and accu- applied for and used a credit card. referred to as the ‘‘Supplement to the rate. Judge Porteous lied for a fourth Here is a blowup that includes a copy SF–86.’’ On that form is a question that time. of Judge Porteous’s application for a goes to the very heart of the issue asso- The questions Judge Porteous was credit card and the statement showing ciated with the background process. On asked are clear and unambiguous. In its use in September of 2001—in viola- that form Judge Porteous was asked: each of the four instances, the ques- tion of the order of the court. Question. Is there anything in your per- tions called for Judge Porteous to dis- More particularly, Judge Porteous sonal life that could be used by someone to close his relationship with Amato and continued to borrow from the casinos coerce or blackmail you? Is there anything Creely and the Marcottes. There is ad- without the court’s permission. This in your life that could cause an embarrass- ditional evidence that suggests Judge chart, which was used at trial, lists 42 ment to you or to the President if publicly Porteous would have well understood times that he took out debt at casinos known? If so, please provide full details. the reach of those questions. to gamble in the first of the 3 years he To which Judge Porteous answered: First, the second of his two FBI was in bankruptcy. No. interviews addressed Judge Porteous’s Further, as Judge Porteous had Judge Porteous signed that docu- bond-setting practices. It is hard to planned, in some instances, he paid ment under warnings of criminal pen- imagine he could have been put on these casino debts through the Fidelity alties for making false statements. more specific notice that his relation- money market account that he con- This statement was a lie. ship with Marcotte and his conduct in cealed. Here, at the top of this blowup, On July 6 and July 8, 1994, Judge setting bonds was relevant and should is a check he wrote on the concealed Porteous was personally interviewed be disclosed. Fidelity money market in the amount by an FBI agent as a part of the back- Second, Judge Porteous’s under- of $1,800 to the Treasure Chest Casino ground check process. Judge Porteous standing of the materiality of his rela- in November of 2001. Below it is a was asked by the agent the same sort tionship with Marcotte and his intent check in the amount of $1,300 to Grand of questions I discussed in connection to conceal it is further evidenced by his Casino Gulfport also drawn on the un- with the SF–86. His answers were incor- statements and conduct associated disclosed money market account in porated in a memorandum of the FBI with setting aside of Aubry Wallace’s July of 2002. Both of these checks repay agent that summarized the interview. felony conviction, which I referenced the outstanding debts to the casinos. Let me show you the relevant portions earlier. As I mentioned, Marcotte had In short, he engaged in a pattern of de- of the memorandum. Judge Porteous an employee named Aubry Wallace, ceitful activity designed to frustrate was recorded as saying that: who had helped take care of Judge and confound the bankruptcy process. [He was] not concealing any activity Porteous’s cars and also fixed his The harm wrought by Judge or conduct that could be used to influ- house. At around the time of his con- Porteous’s conduct in bankruptcy is ence, pressure, coerce, or compromise firmation, Marcotte went to Judge really incalculable. The bankruptcy him in any way or that would impact Porteous and asked him to set aside process depends totally on the honesty negatively on the candidate’s char- Wallace’s burglary conviction, to take and candor of debtors. The trustee does acter, reputation, judgment, or discre- the first step in getting rid of his fel- not dispatch investigators to check on tion. ony convictions, so that Wallace would a debtor’s sworn representations. These statements were also a lie. ultimately be allowed to obtain a bail Judge Porteous’s display of contempt After that interview, the FBI in New bonds license. for the bankruptcy court is little more Orleans sent the background check to Judge Porteous agreed to do it, but than a display of contempt for his own FBI headquarters in Washington, DC, informed Marcotte that he would do so judicial ofice. A Federal judge who in for their review. FBI headquarters di- only after he was confirmed by the fact heard bankruptcy appeals in his rected the agents to interview Judge Senate, because he did not want to court should be expected to uphold the Porteous a second time about a very jeopardize his ‘‘lifetime appointment.’’ highest standards of honesty. It is in- particular allegation the FBI had re- When asked to describe Judge excusable that Judge Porteous manipu- ceived in 1993 that Judge Porteous had Porteous’s response to his request, lated this process for his own benefit. taken a bribe from an attorney to re- Marcotte testified:

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.029 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8583 Answer. He kind of put me off and put me that attorney while the case awaited would yield to passions over proof in off. And he said look, Louis, I’m not going to Judge Porteous’s decision. He has the removal of Federal judges. James let anything stand in the way of me being brought disgrace and disrepute to the Madison, George Mason, and others confirmed and my lifetime appointment, so Federal bench. carefully crafted the standard of im- after that’s done I will do it. The evidence demonstrates he has peachment to protect the independent Marcotte went on to explain the na- committed high crimes and mis- judiciary, and Madison said expressly ture of Judge Porteous’s concern. demeanors, and the House requests that they wanted to avoid standards If the government would have found out that you find him guilty on each of the ‘‘so vague as to be the equivalent of some of the things that he was doing with four counts and remove him from an tenure during the pleasure of the Sen- me, it would probably keep him from getting his appointment. office he is not fit to occupy. ate.’’ That is what they wanted to Thank you for your time and atten- avoid. Senator MCCASKILL specifically tion. They rejected ‘‘corruption’’ because asked Marcotte as to whether Judge We reserve the balance of our time. they knew the term ‘‘corruption’’ could Porteous used the ‘‘lifetime appoint- The PRESIDENT pro tempore. be used to mean most anything. For ment’’ phrase. In response, Marcotte’s Thank you very much. that reason, that term was adopted by answer was clear: Professor Turley, you may proceed the House in this case. It hasn’t That was the words of Judge Porteous. on behalf of the judge. changed. In substance, Judge Porteous said Mr. TURLEY. Thank you, Mr. Presi- The Framers explicitly debated and that he would set aside Wallace’s con- dent, Members of the Senate. For those rejected this vague standard of mal- viction but that he was going to hide it who were not present this morning, I administration and instead demanded from the Senate. It is hard to conceive am Jonathan Turley, the Shapiro Pro- that a Federal judge could not be re- of a clearer, more explicit expression of fessor of Public Interest Law at George moved absent proof of treason, bribery intent to deceive the Senate. Washington University and counsel to or other high crimes and mis- Judge Porteous’s actions corroborate Judge G. Thomas Porteous, a judge of demeanors. Applying that standard, Marcotte’s recollection of the con- the United States District Court for this Congress has refused to remove versation. He was confirmed by the the Eastern District of Louisiana. judges not because they agreed with Senate on October 7, 1994, and set aside Joining me again at counsel’s table are their actions—every judge whose case Wallace’s conviction, as he said he my colleagues from the law firm of was brought before Members of this es- would, after that on October 14, 1994. Bryan Cave: Daniel Schwartz, P. J. teemed body was worthy of condemna- The timing of the Wallace set-aside Meitl, and Daniel O’Connor. tion, they had few friends—but this confirms that Judge Porteous cal- Sitting here, listening to my es- body drew a distinction between judges culated and plotted to conceal material teemed opposing counsel, one is easily who have done wrong and judges who facts concerning his relationship with put in mind of another trial held al- committed removable offenses. Louis Marcotte from you, the United most 220 years ago—almost to this very I would like to tell you about the States Senate. The procedural history day. man who is on trial today, G. Thomas of Wallace’s case is discussed in our In a case that proves to be one of the Porteous, Jr. He has spent virtually his post-trial brief. But the salient fact is turning points in American law, eight entire life as a public servant. He that Judge Porteous could have set British soldiers were accused of murder served as an assistant district attor- aside the conviction, if he chose to do in what Americans call the Boston ney, a State judge, and then a Federal so, weeks prior to his confirmation. Massacre and what the English call the judge. He served a total of 26 years, the Absolutely nothing in Wallace’s case Boston Riot. past 16 as a Federal judge. When asked, occurred that explains his delay in Columnists demanded that the sol- all the witnesses in this case, without waiting until after the confirmation. diers be executed and everyone came to exception, described him as one of the The only event of significance that ex- the trial expecting less of a trial as best judges of Louisiana. As I will dis- plains the timing is that Judge much as a hanging. Adams himself saw cuss later, however, his skills as a Porteous was confirmed in the interim. the case differently. In fact, John judge do not excuse his failings as a Moreover, Judge Porteous’s willing- Adams saw not just another case but person. To the contrary, he has not ness to set aside Wallace’s conviction the very cause for which he was al- contested many of the facts in this at Marcotte’s request constitutes proof ready fighting, the creation of a new case and ultimately accepted severe positive that Judge Porteous was in nation based on due process and prin- discipline for the poor decisions he has fact subject to coercion, leverage, and ciples of justice. made. He is here for you to judge now, compromise—the very fact as to which As in today’s case, many of the facts to judge him, but he is not the carica- Judge Porteous was questioned and were not in dispute in 1770. It was clear ture that has been described by the which Judge Porteous denied. the British soldiers fired into the House. Because of the fraud committed by crowd, but Adams stopped the jury and Indeed, I don’t know how the man de- Judge Porteous on the FBI and the challenged them to consider two ques- scribed by the House avoided a crimi- Senate, Judge Porteous was in fact tions: No. 1, whether the soldiers had nal charge. After all, the Department confirmed and was sworn in on October acted with the required intent and mal- of Justice got waivers to look into all 28, 1994. He has been a Federal judge, ice; and, No. 2, whether the requested these crimes. They investigated him enjoying the fruits of his deceit and the punishment—death—fit the crime. and many other judges with ‘‘wrinkled power of the position since that date. It was also one of the earliest uses of robes.’’ When I was sitting here, I was In conclusion, the House has proved the reasonable doubt standard ever re- thinking: My Lord, how on Earth could each of the four Articles of Impeach- corded in our country. Proof and pro- he avoid a criminal charge? The reason ment. The evidence demonstrates that portionality became the touchstone of is because in the Department of Justice Judge Porteous is dishonest and cor- that case and later cases that Adams are professionals. They look for crimes, rupt and does not belong on the Fed- helped bring into existence. In words and they didn’t find any crime that eral bench. He has signed false finan- that would echo through the ages, could be proven at trial; any crime, cial forms, false questionnaires, and Adams warned the jury: great or small, against this judge. even signed documents under a false Whatever may be our wishes, our inclina- His son, Timothy, in the hearing, ex- name under penalty of perjury. He has tions, or the dictates of our passions, they pressed the toll this has cost him and engaged in corrupt schemes with attor- cannot alter the state of facts and evidence. his family, ranging from the death of neys and bail bondsmen. He has be- The law will not bend to uncertain wishes, his wife, loss of his home in Katrina. trayed his oath in handling a case dis- imagination or wanton tempers of men. One way or the other, this man is going honestly and with partiality and favor, When the Framers turned to the Con- to come to closure now. He will either characterized by making false state- stitution, they sought to protect the be convicted or he will retire in a mat- ments at a hearing concerning his fi- judiciary from wanton and imagined ter of months as he has already prom- nancial relationship with one of the at- offenses. In cases of impeachment, the ised. What is clear, either way, Thomas torneys, and then soliciting cash from Framers expressed fears that Congress Porteous will not return to the bench.

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.030 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8584 CONGRESSIONAL RECORD — SENATE December 7, 2010 He has, however, remained silent for with Mr. SCHIFF when he says it is just case. They would literally have this many months as newspapers and com- up to you, whatever you decide is body adopt the standard Madison re- mentators have said grossly false enough. Where I disagree with Mr. jected, for judges simply to serve at the things about his case and about his SCHIFF from this morning is where we pleasure of the Senate, similar to at- character. He waited for this moment distinguish between ‘‘could’’ and will employees. for his defense to be presented, as have ‘‘should.’’ There is no question you can Unfortunately, this case proves one so many defenses in his courtroom, for adopt any standard. The question is thing, the old military adage that if all impartial judgment—and he gave im- whether you should. you have is a hammer, every problem partial judgment. Even the House’s Obviously, the Framers did not want looks like a nail. It is not enough that own core witnesses said Judge people just to take an arbitrary gut Judge Porteous accepted sanctions Porteous gave them a fair hearing, check on facts, particularly when there from his court—unprecedented sanc- gave everyone a fair hearing. You can has been no criminal trial. They ex- tions. It is not enough that he an- disagree with actions he took, but you pected something more from you. What nounced his resignation in a matter of don’t have to turn him into a grotesque is expected is that you apply some con- months from the bench. It is not caricature. He is not. He may have sistent, cognizable standard, and we enough that no one has ever been re- been many things in the eyes of others, have talked about that standard ap- moved for pre-Federal conduct. Staff but he was never corrupt, and he loved plied in the House, which is ‘‘clear and and resources of impeachment had been being a Federal judge and, despite his convincing.’’ This body, in the past, committed and the House demanded re- failings, he never compromised his has talked about a strict standard. moval. court, and he never broke the oath he Indeed, Senator ARLEN SPECTER, who Let’s look at the basis for removal took as a Federal judge in October 1994. was vice chair of the Senate impeach- and let’s turn to article I. In article I, That may seem a precious distinction ment trial, at an earlier time stated the House impeached Judge Porteous to some, but he is here to fight for that the following to his colleagues—and I on the theory that he deprived the pub- legacy. He has accepted his failings, commend it to you: lic and litigants of his honest services, but he will not accept that. Where you have a judge up for removal, the as we discussed this morning. We dis- This case is not, however, just about issue of judicial independence requires a very cussed the unique problem of the fact Thomas Porteous. All impeachments strict standard. This is not a question of that it was crafted around a theory the speak to all judges. This case presents whether you would confirm him if he were Supreme Court rejected. It was a bad Articles of Impeachment that are novel before us today. It is not a question of bet. and they are dangerous. We discussed whether we feel comfortable in going before You will notice that in the opening him. But it is a question of whether we are some of those issues this morning. Of going to oust him from office that comes statements again today, both Mr. course, the Constitution puts that in- into play. SCHIFF and Mr. GOODLATTE kept on bringing up kickbacks again. I actually credible burden on you. It requires you What I believe Senator SPECTER was to ignore the dictates of passion and saying is that you do have an obliga- counted up to 20 and then I stopped. I wanton tempers described by John tion to apply some objective standards pose the question to you. I don’t know Adams. You must decide, after consid- because this is a legal proceeding. It how many times you count the word ering all the evidence, whether the ac- might not be a criminal case, but you ‘‘kickbacks,’’ but I ask you to look at tions that were taken in this case rise are sitting as the world’s most unique articles and see how many times it is to the level of treason, bribery or other jury and judges. mentioned in the actual Articles of Im- high crimes and misdemeanors. In this case, the Fifth Circuit itself peachment, and that number would be I would like to return to something did not consider the allegations in arti- zero. They allege a corrupt scheme and Senator DURBIN had asked about, cle II and article IV. The reason is sim- then came to you and said: You know which is the standard of proof. As we ple, as the five judges I mentioned ear- what. This is going to be kickbacks. mentioned, in the past, many have lier wrote: But the reason the Framers rejected cited ‘‘beyond a reasonable doubt’’ as corruption is precisely because of what Congress lacks jurisdiction to impeach the most obvious standard for impeach- Judge Porteous for any misconduct prior to is occurring right now in front of you ments because impeachment has many his appointment as a Federal judge. in the well of the Senate. Corruption criminal terms that are incorporated Plain and simple. The Federal judges can mean anything. Mr. SCHIFF could and also many impeachments are craft- of the Fifth Circuit wrote a detailed, have stood and said: You know what ed on articles taken directly from prior 49-page opinion on the evidence in this this is? This the mail fraud or, you criminal cases. case. Those judges declared the fol- know, actually this is conspiracy. He We also noted and stressed that the lowing: could have said anything that con- Members of this body have two deter- stitutes corruption and rewrite the ar- minations to make. First, you must This is not one of those rare and egregious cases presenting the possibility of an im- ticle here—not fulfilling the will of the find these facts occurred and, second, peachable offense against the nation. House but fulfilling whatever is the you must find that those facts that did They didn’t approve of the decisions passing will of the managers of the occur to your satisfaction rise to the made, but they drew a line, and this House. level of removable offense. It is the That is a violation of the process the fell far on the other side of an impeach- first part of that determination that is Framers created. In fact, we now hear able offense. Those judges, which in- difficult in this case because, as we five references to the signing of finan- cluded appellate and district judges, noted, this is the first modern im- cial statements that were inaccurate. I said: peachment that has come to this body suggest the Members look at the arti- without a prior trial. This judge has The evidence here does not support a find- cles. How many times is that men- ing that Judge Porteous abused or violated never been allowed review from a the Federal constitutional judicial power en- tioned in the articles? Zero. But when judge. He has never challenged the trusted to him. Instead, the evidence shows you use ‘‘corruption’’ as a term, you things that have been said against him. that in one case he allowed the appearance of just go to the well of the Senate and Indeed, most of the things you just serious improprieties but that he did not say: That is what this is all about. heard wouldn’t be allowed in a Federal commit an actual abuse, in violation of con- What that does for defense attorneys court, and we challenge the factual ac- stitutional power entrusted to him. like myself and my colleagues is, we curacy, as you will see. But that is part These appearance controversies are just stand here and try to keep track of of the value of having criminal charges routine in court. They are used here, what it is, the crime we are supposed brought, because usually when this however, as the basis for removal, to to be defending against. It could be body has looked at a case, it has been wipe away centuries of precedent. Per- anything under the Criminal Code. siphoned through that filter of process haps for that reason the House man- Anything under the Criminal Code can and fairness. agers are quoted in the media as en- form corruption. Each Senator does have to establish couraging the adoption of a new stand- Now it is financial records. That is what he or she will use as a standard of ard, to treat the impeachment process why the House has the sole responsi- proof. But I have to say, I do not agree as merely an employment termination bility to articulate those articles.

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.031 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8585 When Mr. SCHIFF says they have a lot The appearance of impropriety is a their courtroom. If judges had to of discretion, they do. When they use standard raised in Federal courts. Not recuse themselves because they knew a that discretion poorly, Articles of Im- uncommonly, courts of appeals will lawyer in the courtroom, there would peachment get rejected. That is what disagree with trial judges who refuse to be no cases in these courts. These are this body has said repeatedly in his- recuse themselves. Hundreds of judges small communities. tory. You cannot bring to us articles are faced with recusal motions. Some- In Gretna, judges did not recuse that present any possible crime, a times they make mistakes. Recusals themselves. In fact, our witnesses—ac- crime de jour. That is what you are are usually based upon past relation- tually, not our witnesses. Let me cor- seeing today. ships, financial interests. They extend rect that. The House’s witnesses said Notably, in article I, there is one fact under the entire waterfront of con- they had never heard of a judge that literally all of the House wit- flicts. When a judge gets it wrong, usu- recusing themselves in Gretna because nesses agree on: Judge Porteous was ally that is it; it is just a reversal. they could not. That was the tradition never bribed. But, more importantly, Sometimes you will have a rep- that Judge Porteous came from, and Judge Porteous was not bribable. Arti- rimand. Very rarely will you have any many judges agree with that—that as cle I seeks to remove a judge based on discipline at all. But consider the im- long as you acknowledge you have a re- a decision in a single case, and that de- plications of accepting an appearance lationship, the relationship is not cision was a single motion not to of impropriety as a standard of re- being hidden, you do not have to recuse recuse himself in 16 years as a Federal moval. This could be so easily used to yourself. judge. strip our courts. An appearance of im- He was friends with Amato and The Lifemark recusal motion was the propriety? Is that what we are going to Creely and Don Gardner. I will be re- first and only such motion Judge substitute other high crimes and mis- turning to Mr. Gardner in a second. He Porteous was faced with in three dec- demeanors for, something that hun- was friends with Amato and Creely ades as a judge. Now, allow me, please, dreds of judges are accused of. All of since the 1970s. Both Amato and Creely to cut to the chase, and to deal with them would be capable to be brought said they were best friends. They prac- one allegation in article I which deals before this body. ticed law together. They hunted and with this single gift to Judge Porteous We talked a lot about this Lifemark fished together. They knew each oth- by his longtime friend, Jake Amato. case. I must tell you, it is exceedingly er’s families. That is, in my view, the most serious complex as a commercial case. It is be- Timothy testified they were known allegation in article I. It was a colossal tween a subsidiary of a giant corpora- as Uncle Jake and Uncle Bob. Creely mistake. But I need to correct the tion called Tenet Healthcare or taught him how to fish; Amato taught record. The House stood up and said, Lifemark and a family of pharmacists him how to cook. They were close you know, nobody called this a wed- from Louisiana. I will tell you, I see no friends. So was Don Gardner. In fact, ding gift except defense counsel. That need to delve into the specifics, which Gardner was even closer. Gardner is news to me. I think you would be happy to know. It asked Porteous to be the godfather to In the hearing before the committee, is sufficient to say this was a long run- one of his daughters. Jake Amato described how he and the ning dispute between these two parties. Now, with this uncontested back- judge were on a boat on a fishing trip Lifemark was accused of delaying the ground, I would like to reexamine arti- late at night drinking, and the judge case at any cost. It bounced from judge cle I. First, the House asserts that got very emotional and was talking to judge and ultimately was assigned Judge Porteous failed to disclose while about the fact that he could not cover to over a dozen judges, one dozen in 3 he was a State judge that he engaged the expenses for his son Timothy’s years. That is the Lifemark case. Then, in a ‘‘corrupt’’ scheme with these at- wedding. Amato was very close to Tim- in 1996, it was randomly assigned to torneys. This is, of course, predicated othy. That was the context of this dis- Judge Porteous. Defense witnesses on the fact that there is a corrupt cussion. stated, when asked, that Judge scheme. But, more importantly, I asked Porteous had a reputation for moving The problem with the House’s case is Amato: In fact, the only money you re- cases to verdict. He was a judge from the House’s own witnesses denied the call ever going to Judge Porteous was Gretna. He was a State judge. He was a scheme. Both at trial and in a Senate this wedding gift? Right? lawyer’s judge. They tended to get deposition, Bob Creely expressly dis- Amato’s answer was: Correct. cases done, and when he looked at this avowed—expressly disavowed—that he Now, Judge Porteous never disputed docket and saw a dozen judges in and had an agreement with Judge Porteous that gift. What he disputes is the im- out of this case and no trial, he where he received curatorships in ex- plications of the gift. Judge Porteous promptly announced to the parties: I change for loans or gifts. Instead, accepted responsibility because it cre- am the last judge you are going to see Creely was adamant that there was no ated an appearance of impropriety, and in this case. We are going to try this relationship between the gifts and the it did. Accepting a very severe punish- case. curatorships. ment by the Fifth Circuit, he publicly I want to emphasize something. He He said: I gave him gifts because we apologized and gave his ‘‘sincere apol- said that to the parties before any were friends. And he said: I gave him ogy and regret’’ that his actions had friends were lawyers in this case, be- gifts before I ever got curatorships. Not brought the court to address this mat- fore anyone he had a friendship with only that, but he said he did not like ter. He also later said he would, in fact, was counsel in the case. the curatorships. He said he told retire from the bench. He said: I will be the last judge in Porteous that. Creely was a very suc- Before delving into that gift, let me this case, and we are going to go to cessful lawyer. These curatorships were be clear what we are discussing. I think trial. bringing in a few hundred dollars here it is important to call things for what So he was. Seven district court and there. He said he hated them be- they are or in this case what they are judges, three magistrates, and he ended cause they were more trouble than not. This was not a bribe. All of the that. They went to trial. they were worth. parties agree. This was not a bribe. It When he said that, lead counsel for It is true, the House has portrayed was not a kickback. They do not even Lifemark, Joe Mole, wanted to have Judge Porteous, frankly, as something allege in article I this was a kickback. him recused and to go to get another of a moocher. I mean, that, I guess, was So what was it if it was not a bribe and judge. He filed a motion to recuse, and Congressman GOODLATTE’s point when it was not a kickback? It was a gift. he cited the fact that Judge Porteous he pointed out with great emotion to Was it a dumb gift? Was it a gift he was close friends with Jake Amato and you, Judge Porteous went to a lot of should not have accepted? You bet. But Lenny Levenson. And indeed he was. lunches with these men and he did not the Framers thought it was important What we heard in testimony from pay for his share of the lunches; he just to define things as they are. This is not witnesses is in Gretna, a very small paid for some of them. a bribe and it is not a kickback. That town, like many small towns in which Let me ask you, did you ever think is the key thing in looking at this im- lawyers practice, judges preside in, you would be sitting on the floor of the peachment. most judges know the attorneys in Senate trying to decide whether that is

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.034 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8586 CONGRESSIONAL RECORD — SENATE December 7, 2010 an impeachable offense, being a mooch- House. They just went ahead and had agree with their conclusion, even er? He paid for a few lunches; he did Amato say what they wanted Creely to though many judges share this view of not pay for most of them. The wit- say. recusal, then you open the Federal nesses said judges in Gretna routinely Then Amato said these figures that bench to virtually unlimited manipula- had lunches paid for them. In fact, the are being thrown around by the House tion. House’s own witnesses said they could were not figures he came up with. He The evidentiary hearing in the Sen- not remember—actually, that is not said they were what he referred to as ate I do not want to tell you was a true; they could remember one judge guesstimates—guesstimates—of the total bust. It was not. For those of you on one occasion buying her own lunch. gifts and their relationship to the cura- who were looking for a conspiracy, we That is the record in this case. torships. found one, and it came out in live testi- So Creely is the guy in the House re- Now, Amato said actually the num- mony—a scheme, a very corrupt port who is the linchpin between this ber you have heard here today did not scheme—but in that scheme Judge alleged scheme, between curatorships, come from him, did not come from Porteous was the subject, not the bene- and these gifts. Only problem? Creely Creely. In fact, they denied they could ficiary. The hearing saw extraordinary came to the Senate and said: There was recollect. There is no record to estab- testimony from Mr. Mole, whom you no agreement. He said he never gave lish this conclusively. Amato said the heard the House repeatedly refer to as any money to Judge Porteous as a number actually came from FBI Agent this paragon of a witness. bribe, never gave him a kickback, Horner, who came up with an estimate Mr. Mole brought this issue that he never expected to receive anything in of total gifts and just assumed—just should recuse himself, and Mr. Mole return for the gifts. They were just assumed—that Porteous must have re- was shocked he did not. In fact, I think friends. Not only that, he said he would ceived half of it. They started pressing Mr. GOODLATTE said Mr. Mole had no have given those gifts without question them to say: Wouldn’t that be accu- alternative but to proceed the way he regardless of the curatorships. rate? did. But the House Members did not To drive the point further, he said So there is a Madisonian nightmare mention how Mole proceeded. After he Judge Porteous never asked him for for you. The government gets guess- lost the recusal motion, Mole decided any percentage or return from the cu- timates from witnesses, based on the he had to get this judge off the case. He ratorships. Not only that, but then the figure that was just extracted by one of was not going to have this West Bank House’s own witnesses said: By the the investigators without documentary judge rule in this case of Lifemark. It way, all the judges in Gretna give cura- proof. was going to be bounced to get another torships to friends and acquaintances— The second factual allegation in this judge—a 14th reassignment of the all of them. article is that the judge should be re- case—if Mole had anything to do about This has been discussed in Louisiana. moved for intentional misleading it. But the Louisiana officials have de- statements at the recusal hearing. I So he went and he talked to a guy by cided they would allow that. Judges can simply end this by encouraging the name of Tom Wilkinson. Now, Tom routinely would give curatorships to you: Please read the recusal hearing. It Wilkinson is the brother of the mag- former partners, friends, acquaint- is not very long. Reach your own con- istrate who was assigned to the ances. It has been reviewed. We heard clusions. Don’t listen to me. Don’t lis- Lifemark case. So he went to the from the only expert in this case on ten to the House. I think it speaks for brother of the magistrate, and this is Louisiana ethics, and that was Pro- itself. You will see that Judge Porteous the former Jefferson Parish attorney. fessor Ciolino, Dane Ciolino. He told actually gives them a hearing. A lot of He was known as someone who could the Senate: This is perfectly ethical judges don’t. They just deny it. In- solve problems like this. He was known under the rules. It is well known. It is stead, he gave them a full hearing, told as the go-to guy to fix a problem with a practice that has existed for a long them he understood why he was bring- a judge you did not want. Wilkinson is time, and it still exists today. This ing this issue, acknowledged he had a now reportedly under investigation for does not mean that every judge in Lou- relationship with these lawyers, and corruption in Louisiana. isiana is corrupt. It is just they do not then he went and said: Tell me what I So Mole met with him, and then view this as corruption. need to do to make sure you can appeal Wilkinson got Mole to meet with one of Witnesses said that Judge Porteous me because you have a right to appeal Judge Porteous’s closest friends, Don gave curatorships to new attorneys, me, and he stayed the case to allow an Gardner. He went to Gardner and of- and he gave curatorships to Creely. appeal. Most judges just won’t do that. fered him an extraordinary contract, The House never went and actually He did not say in detail what the re- which we have put in the RECORD. That found the records of all the curator- lationship was. He understood that contract promised Mole $100,000 if he ships. You will notice, there is no dis- Mole was going to appeal. One thing he joined the case and offered him another cussion of any other curatorships. did want to correct on the record is $100,000 if he could get Porteous to They had the ability. They could have that Mole said, incorrectly, that he had recuse himself—$200,000. But that was come to you and said: Here are all the received campaign contributions from not all. The contract actually said: By curatorships that were issued during these individuals. He said that is just the way, once Porteous is gone, you are this period of time. Here are the cura- not true, and he corrected it on the gone. So if you get him to recuse him- torships that went to Creely—or not. record. He never denied the relation- self, I will give you $200,000 and you go They did not do that. ship. From his perspective, having a re- away and we can then merrily go on But even if 100 percent of the cura- lationship, a friendship, particularly bouncing this case through the court torships went to his friends, it was per- from his time in Gretna, was not a system. fectly ethical under the rules. The only problem. It was just not a recusable The problem with this scheme by Mr. testimony that the House was able to issue. So he left it at that. Mole is that it did not work because present attempting to establish a con- The third allegation is that Judge Don Gardner said: You do not want to nection between the curatorships and Porteous should be removed from office go to Tom Porteous. You do not want gifts was Jake Amato. What the prob- because he denied Lifemark’s recusal me to go to Tom Porteous and tell him lem was is Creely saying there was not motion. That is the most dangerous al- to recuse himself because he will react any relationship. That is a problem be- legation in article I because that would very negatively, and he refused to go— cause the House report said Creely said remove a judge for the substance of his this is his own testimony—refused to that. So they went and got Amato, and decision—in this case, a recusal mo- go to Porteous to ask for his recusal. Amato said on one occasion many tion. Can you imagine if you start to Ultimately, the judge’s decision cost years ago he remembers Creely saying remove judges because you disagree his closest friend $200,000. Mole himself there was a relationship. But the House with their recusal decisions? Judges admitted he had never seen a contract was not deterred by the fact that are constantly appealed on recusal de- like the one he wrote, and witnesses Amato was giving this testimony with cisions. Sometimes they are upheld; testifying said they were shocked to Creely in Washington denying he ever sometimes they are not. But when you learn of a contract where someone ac- said that. But that did not deter the start to remove judges because you dis- tually put a bounty on a Federal judge

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.034 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8587 and offered $200,000 if you could get bribe, not a kickback; it was a gift. It vodka. What they are inviting you to him off the case. was dumb to be offered, dumb to be ac- do again is to remove a judge on pure Nevertheless, when Gardner lost that cepted. But both Creely and Amato speculation. case, he said the judge gave him a fair made clear it was not a bribe or a kick- By the way, the value of these hearing. He said: Look, this judge is back. lunches over 16 years was also not men- just not bribeable. He gave us a fair In fact, Jake Amato testified he ‘‘felt tioned. They are less than $250 over 16 hearing. He disagreed with us, and we [Judge Porteous] was always going to years. The individual meals benefited lost. do the right thing’’ in the case. He did Judge Porteous—the average was $29. By the way, this is not mentioned by not see any connection in terms of in- As I mentioned, experts testified in the House: Creely also practiced before fluencing the outcome of the case. this case, and were not contradicted, the judge. By the way, he was not the Now, one question the House has that judges were allowed and they are counsel in Lifemark. But Creely actu- never been able to answer—one which still allowed to have lunches purchased ally did have a couple of cases in front maybe the Senate would want to put to for them in this respect. The most the of the judge, and the judge ruled the House—that is, if Judge Porteous House could come up with is that by against him and cost him a huge could be influenced for $2,000 and for attending these lunches, Judge amount of money. In one case where he some other ‘‘small things of value,’’ as Porteous ‘‘brought strength to the lost a great deal of money, Creely actu- the House alleges, why did he not just table’’—that is one of the statements ally took his best friend on appeal and recuse himself so his close friend could of their witness, Louis Marcotte, that got him reversed. But his friendship did collect $200,000? Why didn’t he rule for he ‘‘brought strength to the table’’— not stop the judge in one of Creely’s Creely in those other cases? He had two and that is enough. Imagine if that was biggest cases from ruling against him. friends in the case of Lifemark. He cost enough. If you are permitted to have He did not feel the need to recuse in one $200,000. Why didn’t he accept lunches bought for you but someone at those cases, and it did not influence his money like those other judges who the lunch benefited from your being decision. were nailed in Wrinkled Robe? present, a third party, because you The article also talks about ‘‘things The appearance of impropriety is a ‘‘brought strength to the table,’’ that of value,’’ another general term. These dangerous choice for this body to im- would be enough for a charge of im- are small, common gifts that both port in the impeachment standards. peachment under this approach. The Creely and Amato admitted they gave Professor Ciolino—this is not contra- record shows that Senator John Breaux to Porteous and said were very com- dicted by the House—has said that went to some of these lunches with the mon in Gretna, as in many small State bars have continued to move Marcottes. Does the House suggest towns. Yes, they had lunch together. away from the appearance of impro- that because Senator Breaux went to a They had lunch together for their priety because they view it as a stand- lunch, he should be expelled from this whole 30-year relationship. A few of ard that is virtually meaningless. It body? That would be ridiculous. those lunches did continue while basically says: Don’t be bad. That is al- Virtually every witness called by the Lifemark was pending in front of the most a direct quote from what Pro- House and the defense testified that judge. The judge paid for an occasional fessor Ciolino said. He is a big critic of judges dealt exclusively with the meal, but Representative GOODLATTE is that standard. He said State bars are Marcottes as bail bondsmen. You heard absolutely correct. He did not pay for moving away from it at the time the the House say bail bondsmen would enough meals. The House did not con- House is asking you to adopt it as an often deal individually with the judges. test the only ethics expert in this case impeachment standard. I just need to correct that. There who said those lunches are permitted Let’s turn to article II. weren’t bail bondsmen—plural—at any Article II, we have already discussed, under State law, and they still are per- practical level. This is a small town, is the article that is the pre-Federal mitted today. Back then, they had the and the Marcottes were it. The wit- conduct allegation. I will leave that to same rule the Senate had. Back then, nesses testified that the Marcottes con- your discretion. Since you have not the Senate allowed Senators to be trolled over 90 percent of the bonds. ruled on the motion, I will try to ad- bought lunches, not because it invited They were the bail bondsmen for Gret- dress a few of the facts in this case. corruption. A lot of Senators did not na. It is not a huge town. So, by the But if the Senate agrees with the de- view it as a source of corruption. Nei- way, if you think about that, it means fense that a judge cannot be removed ther did the people of Louisiana when that every judge who signed a bond was for pre-Federal conduct, then most of it came to lunches being bought for almost certainly signing it for the article II is gone. There is virtually judges. It was just a courtesy. Marcottes because they were the only There has been talk about Creely at- nothing there in terms of Federal con- bail bondsmen on a practical level. tending Tom Porteous’s bachelor party duct. The evidence that is supported in in May 1999. I am simply going to note, article II in terms of Federal conduct is Now, here is the thing you might find if you look at the testimony, Creely six lunches—six lunches—that took confusing. At the evidentiary hearing, said he was friends with Timothy. Tim- place over 16 years. So let me make the House conceded not only that they othy is a lawyer. He was very close to sure we understand that. The evidence could not prove a linkage on these Timothy, and he had great love for in article II of Federal conduct that bonds but that they did not specifically Timothy. He expressed that in a hear- you can remove a judge for is six allege a relationship between the size ing. He went to his friend’s wedding. lunches. of the bonds and this relationship with By the way, when he bought the lunch I should note that Judge Porteous at- the Marcottes. The House stated: at his table, Porteous was not at the tended several of these lunches, but The House does not allege that Judge table, and he threw in with the other there is no record that he attended all Porteous set any particular bond too high or attorneys at that time. the lunches, so the six might be a high too low. Now, as I mentioned earlier, the wed- number. You see, the House had no So all of the references just now ding gift is, frankly, the most serious record that he actually attended some about setting things too high and too problem. It occurred 3 years after the of these lunches, but somebody at the low, how they benefited the bail bonds- recusal hearing. I am not trying to ex- lunch had Absolut vodka. I kid you men, the House stated that it was not cuse it, but I do wish you would keep not. So what the House is saying is alleging that they set these things too that in mind because these dates do get that because Judge Porteous drank high or too low. So once again we find blurred. It was 3 years after the recusal Absolut vodka, you should just assume that the articles are being redesigned hearing when this wedding gift was he was at those lunches and use that as here in the well of the Senate irrespec- handed over. part of the evidence to remove a Fed- tive of what was previously said by the And, yes, he went on this fishing trip. eral judge. I am not overstating that. House. It was a very emotional thing. He was Asked the committee just to take ju- The House does little beyond noting having trouble paying for his son’s dicial notice that Judge Porteous is that Judge Porteous often approved wedding, and it was a huge mistake. not the only human being in Louisiana bond amounts by the Marcottes, and, The judge admitted it. It was not a who drinks vodka or even Absolut as detailed in our brief, the House’s

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.035 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8588 CONGRESSIONAL RECORD — SENATE December 7, 2010 own witnesses demolish that allega- ing. It turns out that a prior judge had Marcottes. That put him in a small tion. The amount of a bond is set to re- already taken steps in the case. group, from what I can see. They gave flect the assets of the defendant. The Louis Marcotte testified that he as much as ten grand to judges, includ- Senate staff summed this up in its own wasn’t even sure he asked Judge ing judges who are still on the bench. report in front of you on page 18: In Porteous for assistance on the Duhon They never gave Judge Porteous any many cases, the highest bond a defend- matter. Nevertheless, the managers in- cash. Why? They handed out cash to ant can afford may also be the socially cluded the allegation in the article. other judges. If he was so corrupt, if he optimum level so as to eliminate un- As for the Wallace setaside, the was this caricature the House makes necessary detention while providing House could not call any expert to tes- him out to be, why didn’t he take the maximum incentive for the defendant tify that it was improper, and we did cash and run? to appear. That is the point of bond. call people who said it was perfectly Judge Porteous, of course, was never You set it high enough that they are proper. It was both legal and appro- accused of a crime, let alone convicted, going to come back to court. There was priate under Louisiana law. and those men, Judge Green and Judge very good reason. Now, I want to address one thing Bodenheimer—you just heard the The witnesses in this case testified about the Wallace setaside. The gov- House say: Look at these people; judge that Judge Porteous was a national ad- ernment, once again, is coming here— Judge Porteous by their conduct. They vocate for the use of bonds, and he con- the House is coming here and saying: were convicted of mail fraud and plant- nected the use of bonds to overcrowded You know, he did this so you wouldn’t ing evidence on a business rival. systems. Gretna was subject to a series know about it. He waited to take ac- Article II is a raw attempt to remove of Federal court orders that were re- tions in the Wallace case after he was a judge for conduct before he was a leasing people, dangerous people, from confirmed. And what do you think of judge. Article II, I submit to you, is their jails. Judge Porteous spoke na- that? nothing more than what Macbeth de- tionally on the need for judges to use Well, I suggest what you think of scribed as a ‘‘tale full of sound and bonds, and he was correct. As we sub- that is it is not true. As we said here, fury, signifying nothing.’’ mitted in the record, studies have prov- this is why we were surprised to find it Article III is the only article that does not rely on pre-Federal conduct. en him correct, that if you get a bond being mentioned on the floor of the What it relies on are a series of errors on an individual, the chances that they Senate today. It is just not true. The made in a bankruptcy filing that the will return and not recidivate are judge held a hearing before confirma- judge made with his wife Carmella. I much, much higher. And Judge tion and stated in the hearing: I intend am not going to dwell on the intrica- Porteous did speak to every judge he to set aside this conviction. That is a cies of the Bankruptcy Code, which could find to say: Start issuing bonds pretty weird way to hide something. may be a relief to many. What the because people are not showing up. Get Before confirmation, he said: I am record establishes is not some criminal them under a bond and they will. going to do this, and I need you to put mastermind manipulating the Bank- You also saw that the House sug- a motion together. Why? Because it ruptcy Code; it basically shows people gested somehow the Marcottes got spe- was the right thing to do. It is routine who had bad records, little under- cial treatment from the judge. The fact in this area. These types of things are standing of bankruptcy, which, by the is, they were the only bail bondsmen very routine. What the attorney said is way, is usually the type of people who on a practical basis, so if you wanted they just walk around with these forms go bankrupt. They sought a bank- to get bonds, you got bonds with the in their briefcases. ruptcy attorney of well-known reputa- Marcottes. But, by the way, his sec- Do you know what Mr. Wallace said? tion, Mr. Claude Lightfoot, and they retary, Rhonda Danos, testified that He said that Judge Porteous was a were given bad legal advice. the judge often told her not to let the judge who was known as someone who But one thing the House doesn’t men- Marcottes into his office. She said that would give someone a second chance, tion today and did not mention to on occasion he would say not to let and he gave Wallace a second chance, House Members when they got the them in. And she said they were not and Wallace went on to become a min- unanimous vote: Judge Porteous paid given any special treatment in access ister and he is now a respected member more in bankruptcy than the average to the judge. She said Judge Porteous of his community. person in this country. He succeeded in is a very popular judge and lawyers Now, a lot of this turns, of course, on bankruptcy. They filed a chapter 13 would gather in his office. Louis Marcotte, who also, by the way, bankruptcy in 2001, and they paid Let’s turn very quickly to these two admitted at trial—this is Louis Mar- $57,000 to the trustee, $52,000 repaid to cases. I am afraid I am running short cotte—he explained why he lied on one their creditors. The only difference is on time, so I will have to ask you or occasion, and he simply said: Well, I that he was scrutinized a lot more. He your staff to look at our position in wouldn’t have any reason to tell the had two bankruptcy judges, a chapter our filing. truth. That is Louis Marcotte. Indeed, 13 trustee, and the Federal Bureau of I want to note that on the Duhon one of the witnesses told the com- Investigation and the Department of expungement that has suddenly resur- mittee that the House staff told them Justice. rected like a Phoenix on the floor of that the reason he was being called is By the way, I mention the FBI and the Senate—we thought it was dead. because people wouldn’t believe Louis DOJ because they raised these issues The reason we thought it was dead is Marcotte, that he lacked credibility. you just heard about while the case because it had been downgraded in the Now, the Marcottes ultimately said was pending. They didn’t come into trial, because of testimony from wit- that lunches would occur sometimes this case after it was done; they actu- nesses, where the House simply re- once a month; car repairs that were ally went to see the trustee and raised ferred to it as noteworthy. By the end discussed here lasted about 6 to 8 these issues with the trustee, and the of the trial, it had gone from a matter months and consisted of a few minor trustee said he didn’t feel any action for removal to a noteworthy case. The repairs. We suggest you simply look at would be appropriate, necessary. So he reason is that witnesses testified that the testimony. You have to look at the found that these actions actually this was a routine administrative proc- testimony because there are not any wouldn’t warrant an administrative ac- ess. The witnesses showed—and there documents of exactly what repairs tion by a bankruptcy trustee, but the were no witnesses called by the House were done. It is all testimonial. So this House managers would say that is still who were experts in this area. We isn’t a debate over the standard of enough to remove a Federal judge called witnesses to talk about these proof; there is no proof. under the impeachment standard. types of setasides and expungements, Finally, the House has continually By the way, after the DOJ and the and those witnesses said this was per- referred to other State judges who were FBI went to the bankruptcy trustee fectly ethical and appropriate. Not convicted of crimes, including Judge and said, look at all these things, and only that, in the Duhon matter, Judge Green and Judge Bodenheimer. I sim- the trustees said, I don’t think this Porteous was following the lead of an- ply want to note that Judge Porteous, really warrants any action on my part, other judge. That was never revealed to of course, never accepted cash or cam- the DOJ and FBI didn’t take action ei- the House. We revealed it in the hear- paign contributions from the ther. All the sinister stuff about how

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.037 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8589 they found this, it was found before the ruptcy system. Two empirical studies fore? Yes. But gambling is not unlaw- case was closed. that were introduced at trial show that ful. None of Judge Porteous’s creditors 95 to 99 percent of bankruptcy cases More important, what was described ever filed a complaint or an objection. contain certain errors and inaccura- to you about these markers is what the That was also not mentioned in the cies. In fact, we had testimony from judges, Judge Dennis and his col- case. Mr. Hildebrand, who says he actually leagues, objected to when they said When they retained Mr. Lightfoot, didn’t believe that he had ever seen, in that, ‘‘Under Louisiana commercial they had never met him before, and it his 28 years as a chapter 13 trustee, a law, markers are considered ‘checks’ as is true that Mr. Lightfoot did suggest perfect filing. defined by Louisiana statute.’’ that they file with the fake name Bankruptcy law professor Rafael Markers are uncashed checks, not ‘‘Ortous’’ instead of ‘‘Porteous.’’ That Pardo also said that it has never been debts for purposes of bankruptcy. was a dumb mistake. To his credit, Mr. the standard to be perfect, that requir- At trial, an FBI agent called by the Lightfoot said: This was my idea. He ing these things to be perfect is unreal- House confirmed this interpretation— said: I was trying to protect him. istic and unworkable, and that people that a marker was a ‘‘temporary Particularly, Judge Porteous’s wife make errors. The people who are filing check.’’ In other words, these judges, was upset about the embarrassment of bankruptcy are people who couldn’t who are not part of the sinister plan to the bankruptcy and the fact that, at handle their records before. It is not undermine the bankruptcy laws of our that time, the Times Picayune pub- surprising when they file bankruptcy country, all said they agreed with the lished everyone’s names in bankruptcy and they have errors. interpretation that this is not debt. in the paper, and she was very embar- I want to talk quickly about these Some people might disagree with their rassed. And he thought he would help errors, where the judge is alleged, in interpretation. But at most, it is equi- that by using ‘‘Ortous,’’ and then that the summer of 2000, to have given Mr. poise. They didn’t believe it con- was just for the first filing, correcting Lightfoot his May of 2000 pay stub, but stitutes that, period. Should they have it so that no creditor would actually he did not later supply an updated pay gambled in their bankruptcy? Of course get that document or get that false stub. What they left out was that the not. That is not a failure as a judge. name, and he did. Roughly 10 to 12 days difference between those two pay stubs That was a personal problem that the later, he corrected it, and no creditor was $173.99 a month. Trustee Beaulieu judge overcame. did get the misleading information. said that it was such a small amount, Let’s move on to the last article. The By the way, in that first filing, he and it ‘‘would not [have] substantially fourth Article of Impeachment is the used the information, including the So- increased the percentage paid to unse- deliberate attempt by the House to re- cial Security number, which is the pri- cured creditors.’’ suscitate the pre-Federal charges, by mary way you track people, so he Mr. Lightfoot’s file shows that Judge trying to recycle them through the didn’t falsify that. Porteous actually told his bankruptcy confirmation process. By the way, Sen- It was a dumb mistake, but it was a counsel that his net income was higher ator LEAHY had asked about perjury in mistake done by Mr. Lightfoot, at his than listed on the pay stub, but that the confirmation process. I said that I suggestion, because he thought he Mr. Lightfoot was using the informa- do believe that perjury is a removable could avoid embarrassment. tion on the stale pay stub. He testified offense. Mr. SCHIFF stood up and said: He said he regrets this. But it was his at trial that he failed to ask the Aha, then you do believe in the pre- idea. In the fifth circuit, you are al- Porteouses for the updated pay stub Federal basis for removal. The answer lowed to follow the advice of counsel. prior to preparing the bankruptcy fil- is no. The confirmation process is part Should Judge Porteous have followed ings. But now that is going to be part of the Federal process. It is part of this advice? No. He should have known of a basis for the removal of a Federal your service as a judge. It is not pre- better. This is one of those things judge. Federal in terms of what we are dis- where yielding to temptation at a time Let’s talk about that Bank One ac- cussing. It is directly related to your like this was a colossal mistake. count. On that one, Mr. Lightfoot tes- being put on the Federal bench. But when the trustee was presented tified that he simply asked the Obviously, if you acquit Judge with this, with the FBI and the DOJ Porteouses to approximate how much Porteous on articles I and II, you have coming to his office, he said that he money they had in their account. The to acquit on IV, because that is basi- felt this was no harm, no foul. Why? bankruptcy lawyer said, ‘‘Give me a cally article I and II recycled—the con- Because nobody was misled, and be- ballpark figure,’’ and they did. There firmation issue. cause they changed it. No creditors was no sinister plan here. How about There are three questions that the were misled. He finished his bank- the Fidelity Homesteads Association House focuses on. I want to read you ruptcy filing. He did what most people checking account just referred to? that question from the SF–86: ‘‘Is there don’t do, he succeeded. He paid his That account was omitted inadvert- anything in your personal life that creditors. ently. Judge Porteous testified before could be used by someone to coerce or Henry Hildebrand, who is a standing the fifth circuit that he thought he blackmail you? Is there anything in chapter 13 trustee in Tennessee, said told Mr. Lightfoot there was this Fidel- your life that could cause you an em- that he has seen bankruptcy petitions ity account. However, it is undisputed barrassment to you or the President if filed with incorrect names. He has seen that the value of that account was publicly known?’’ That is just one; it is it. He said that what you do is you re- $283.42. That was the account that was a compound question. quire them to correct it, and you give mentioned here. I want you to put yourself in the notice to the parties. In this case, they There is also reference to the fact shoes of Judge Porteous. He just an- didn’t have to do that because the that it said that occurred during the swered 200 questions, and 100 of his creditors already got the correct infor- bankruptcy. There is no bar to incur- closest friends had been interviewed, mation. ring such debt by statute during bank- along with family, neighbors, and col- Former U.S. bankruptcy Judge Ron- ruptcy. There is no bar to it. leagues. This was the final question. I ald Barliant said that on the basis of Yes, the House made a great deal out would like you to ask yourself how you the facts of that use of the pseudonym of the fact that the Porteouses gam- would answer that question. Is there Ortous, he would not find any intent to bled. Gambling is legal. It was a prob- anything in your life someone could commit fraud or otherwise impair the lem. For Judge Porteous, it was an ad- say that could be used to coerce or bankruptcy. He didn’t see it. Neither diction. He dealt with it in a public blackmail you? Would you answer that did the trustee, and neither did the FBI way that few of us would want to deal yes, would you answer it no, because or the DOJ, to the extent that they with. He dealt with his drinking and you know you wouldn’t be coerced and didn’t charge it. addiction problems by going to seek blackmailed? I am sure all of us have The House further alleged other er- professional help. Like many of us, he things we are not proud of, or that we rors and inaccuracies in the bank- didn’t do that until his life exploded on don’t want to be made public. That is ruptcy schedule as part of this dark him. He went and got treatment for de- the case with Judge Porteous. But we and sinister plan to co-opt the bank- pression. Should he have done it be- heard uncontradicted testimony that if

VerDate Mar 15 2010 01:41 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.038 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8590 CONGRESSIONAL RECORD — SENATE December 7, 2010 you just now said no to that question, Federal court said: ‘‘Where a question They will serve at your pleasure, just you would not be alone. The FBI agent is so vague as to be fundamentally am- as Madison feared. It is precisely what who testified said that in his 25 years biguous, it cannot be the predicate of a Adams worried about—uncertain wish- in the FBI, he had never seen anyone false statement, regardless of the an- es and imagination as a substitute for answer yes to that question. swer given.’’ proof. We brought in a leading expert on the The court went on to say: ‘‘Plainly, Before I sit down and I rest this case confirmation process. He said that he the meaning of the word embarrassing in the defense—before my voice gives was unaware of a single person ever is open to interpretation and that it’s out—I want to conclude by addressing saying yes to that question. It is so hard to believe that a Federal prosecu- one thing about this case, and that is ambiguous that most people just say tion would follow.’’ the fact that Judge Porteous didn’t no. People have to sit there and wonder Here’s my question: If it is hard to testify, as some of you may be won- what would be embarrassing to Presi- believe that a Federal prosecution dering about that. The reason can be dent Clinton, and you are supposed to would follow, how about an impeach- found in the fifth circuit testimony. say, well, I can think of this or that. ment based on embarrassment? You When the fifth circuit sought to ques- Maybe that would embarrass President cannot even use this in that Federal tion Judge Porteous about the allega- Clinton. They don’t say, look, I don’t court. The judge cannot even base a tions in article I and article III, Judge think my life is embarrassing to peo- charge on it. They are arguing you Porteous took the stand and did not ple. should now base the removal of a Fed- deny many of the factual allegations. These lunches that they keep citing eral judge on it. A judge in the third Somehow the House keeps citing that were in public places, not in a house or circuit was found to have lied in his as if that is a major, sinister thing; underneath a car; they were held in confirmation hearing, but the third cir- that he actually said, I am not con- open restaurants. He never tried to cuit said for discipline to be warranted, testing these facts. And you know hide them; they were legal. There was there had to be a showing of intent. what, the House seemed to make fun of actually a table set aside by the res- The House didn’t attempt to make that the fact that he couldn’t remember de- taurant for lawyers and judges. The showing. tails about what occurred with the witnesses testified they had never seen U.S. District Court James Ware had $2,000. What was the point of that? any judge but one ever pay for those told people that his brother had been You had a judge who had, obviously, meals. shot and killed in a racially motivated addictions. He had depression. He dealt By the way, this was raised about incident in Alabama in 1963. In 1997, with them. And when he showed up in Porteous’s 2000 tax refund check. That when Ware was nominated to the ninth the fifth circuit, his memory was not was raised regarding things he was try- circuit, he listed family members, in- clear. But he didn’t say that to say, ing to hide. I believe the expression cluding Virgil Ware, who existed; it and therefore these things didn’t hap- was, you know, that the 2000 refund just wasn’t his brother. A Ware had pen. He said the opposite. He said, if I check went right into his pocket. You been killed, but it wasn’t his brother. were you, I wouldn’t rely on my mem- know what. It is supposed to. Refund It was a lie. He was severely rep- ory. If Creely and Amato were saying checks are not part of a bankruptcy fil- rimanded by the court, and he should that, they are friends of mine. I don’t ing in cases such as this. They always have been, but it is not an impeachable think they lied. What is bad about go into your pocket. offense. He still sits on the district that? He just is disagreeing with the What they are asking you to do is to court in California. Also Hugo Black implications of these things. So when assume that Judge Porteous was em- was mentioned. they quote him and make fun of the barrassed, and then remove him for We have plenty examples in the fact that he tried to answer what hap- that. Let me state that again. He was record. The fact is that if you start to pened with that money, he was doing asked that question if anything would remove judges for embarrassment, his best. They seemed to leave out the embarrass himself or the President, there will be no end to it. You will fact that at the end he said, just as- and they want you to say I think he have House Members lining up to this sume it occurred and hold me to that was embarrassed and then you can re- open door to bring forth things that standard. Ultimately, he accepted se- move a Federal judge on that basis— should have been mentioned in con- vere discipline from the fifth circuit even though he didn’t hide these firmations by judges that they dis- for his poor decisions, and he an- things. liked—and not just judges, but Presi- nounced that he will retire some They keep on talking about these re- dents, Vice Presidents, and Cabinet months from today. lationships. They are public relation- members—if that is the standard. If Did he betray his office? No. Maybe ships. Does that track with the con- you read the newspapers, you will see he betrayed himself, maybe his family, stitutional standard, in your view? It is what I mean. There are articles in the but not his office. His failings were now down to embarrassment. He didn’t newspaper, the Washington Post, where that of being a human being—a man hide the Creely relationship because you have Members of Congress starting who was overwhelmed by addiction, the Creely said there was no relationship of to make their case for the impeach- death of his wife, and financial trou- gifts to curatorships. Why would he ment of Supreme Court Justices Thom- bles. Did he help bring those on? Per- hide that? Creely said it never hap- as, Roberts, Kagan, and Sotomayor. haps. Whatever Judge Porteous may pened. Once again, they are asking you In fact, Congressman Peter Fazio appear to you during this period, he to assume that and say the assumed said, ‘‘They have opened the flood- was and he is proud of his nearly 30 facts must have embarrassed him, and gates, and personally, I am inves- years of public service as judge, but he therefore his answer to a compound tigating Articles of Impeachment believes that is for others to judge— question of ‘‘no’’ must be enough to re- against certain justices.’’ judge now. He didn’t feel it was appro- move him. This is not new. If that is the standard, a President priate in the fifth circuit to be con- All of you have been involved in the would have to raise nominees testing things that his friends had re- confirmation process. There are plenty hydroponically in the White House membered, and he also doesn’t think it of circumstances where facts have basement if they have any hopes of sur- is appropriate for him to beg you to ex- come forward that were embarrassing viving on the bench. You cannot pos- cuse any of his actions. He wants you to a nominee that were not revealed. sibly, I hope, consider replacing the to judge his actions. He believes he can We saw that Bernard Kerick, who was impeachment standards with the wrong be judged harshly and he was judged nominated to be a member of the Cabi- answer on that embarrassment ques- harshly. He tainted his own legacy. net, was actually criminally charged tion in confirmation. Judges are humans, and that human- for saying there was nothing that Article IV is an open demand for Sen- ity can make some of them the best of would be embarrassing. He said: Not to ators to engage in pure conjecture. If their generation. The life experiences my knowledge. The prosecutor said: Senators can simply assume embar- of jurists such as Thurgood Marshall You know what, that is a lie; we found rassment to remove a nominee, there is and Louis Brandeis made them tow- something that would be embarrassing. no standard of proof, our day is over, ering symbols for lawyers and law stu- That went to a Federal court and the and there is no standard of removal. dents and the public. Others, such as

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.039 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8591 Judge Porteous, that humanity showed testament to this system. No matter referred to the fifth circuit. The fifth frailties and weakness. Some of the what you do today, Judge Porteous circuit had 2 days of hearings and, ac- men and women who don these robes will not return to the bench. He will be cording to Judge Porteous’s counsel, have those frailties and weaknesses. convicted or he will retire. No senato- provided unprecedented sanctions on This is going to happen again. Judges rial career will turn on his vote. But of the judge. will have bankruptcy problems. They course impeachment has never been Do you know what those unprece- only look inviolate in those robes. We about one president or one judge but dented sanctions are? That he has elevate them in the courtroom. But be- all presidents and all judges. The heard no cases and earned his entire neath those robes are human beings, Framers understood that. salary for 3 years. He was paid his full and some of them have problems and What will be lost today is not a ca- salary for doing nothing. That is an some of them make mistakes. But they reer but a constitutional standard that enormous sanction that was placed shouldn’t end up here on the Senate has served this Nation for two cen- upon him—a sanction I think many floor debating whether he was a turies—a standard fashioned by the Americans would love to have, to be moocher or whether he paid for enough very men who laid the foundation of paid a Federal judicial salary for doing lunches. this Republic; a standard maintained nothing. That was the sanction. He will let the record stand and you by generations of Senators who sat Counsel says he offered to retire. judge him for it. He felt he deserved to where you now sit in this very Cham- Well, why didn’t he? Why didn’t he 3 be disciplined. Maybe he felt he de- ber. We ask you to do as they have years ago retire from the bench? He serves to be here, I don’t know. But he done and hold the constitutional line. could have. But the Judge’s whole in- doesn’t deserve to be removed. He We ask you to acquit Judge G. Thom- tent—which has been demonstrated didn’t commit treason, he didn’t com- as Porteous. throughout the procedural history by mit bribery or other high crimes and The PRESIDENT pro tempore. changing attorneys and moving for misdemeanors. He committed mis- Thank you very much, Professor. Rep- delays and continuances—has been to takes. But in the end, only a U.S. Sen- resentative SCHIFF will conclude the draw out the clock, to go another ator can say what is removable con- case for the House managers, and the month with another Federal paycheck, duct. It comes to you along a road that House has 261⁄2 minutes remaining. to see if he can eke it out a little has been traveled by two centuries of Mr. Manager SCHIFF. Mr. President, longer until he can get his full salary, your predecessors—a road that began Senators, let me begin this conclusion his full retirement for life. There was with people such as James Madison, by some agreement with my col- nothing preventing this judge from re- George Mason. league—this is a remarkable pro- tiring 3 years ago. One Senator who sat where you sit ceeding, and the true import of it is Turning to the claims made by coun- now was Senator Edmund Ross of Kan- demonstrated by the fact of how much sel in article I, that the articles don’t sas, who stood in the judgment of you have going on this week and the charge a kickback scheme, let me read President Andrew Johnson. Many of amount of time we are devoting to this from article I. what Ross’s Republican colleagues today. It is a reflection of the serious- While he was a State court judge in the wanted was Johnson out of office, for ness, it is a reflection of the fact that 24th Judicial District in the State of Lou- good reason. The public demanded his these cases come around very rarely, isiana, he engaged in a corrupt scheme with removal. He was viewed as a political and for good reason. The Constitution attorneys Amato and Creely whereby Judge enemy by Ross. He was the subject of sets the bar high. It doesn’t want ei- Porteous appointed Amato’s law partner as a John F. Kennedy’s book ‘‘Profiles in ther the House or the Senate to take curator in hundreds of cases, and thereafter requested and accepted from Amato and Courage.’’ He was one of those profiles. the process of impeachment lightly. We Creely a portion of the curator fees. Kennedy explained: in the House certainly do not, and we know in the Senate you don’t take that It says right here, he sent them the The eleventh article of impeachment was a cases and thereafter requested and re- deliberately obscure conglomeration of all responsibility lightly either. the charges in the preceding articles, which We have set out the facts about why ceived a portion of money from those had been designed by Thaddeus Stevens to this judge needs to be removed from cases. If that is not a kickback, I don’t furnish a common ground for those who fa- the bench, and I wish to take this op- know what is. vored conviction but were unwilling to iden- portunity to rebut some of the points I guess counsel’s real argument is, tify themselves on basic issues. my colleague has made. I think when well, why didn’t they use the term Does that sound familiar at all? you go through the evidence, and when kickback? And because they didn’t use While the record was filled with abuses you discuss it with the Senators who the term that counsel would use in the and poor judgment by Johnson, Ross sat through the trial, you will find, on charging instrument, therefore, you was forced to consider whether they each of the articles as charged, that G. must acquit. That is not the law in im- amounted to an impeachable offense. Thomas Porteous must be removed peachment cases, that we have to And as the rollcall occurred, he found from office. charge using a particular word. What himself a key vote standing between Counsel began by stating that the we do have to do is set out the conduct. Johnson and removal from office. Ross judge wasn’t prohibited from being Senator LEAHY asked: Well, what described the sensation as, prosecuted for many of these crimes; about perjury? We don’t use the word Almost literally looking down into my that he signed tolling agreements with perjury in the fourth article, but we set open grave . . . as everything that makes life the Department of Justice. But this is out in the fourth article that he made desirable to an ambitious man was about to what the Department of Justice said in material false statements before the be swept away by the breath of my mouth, its letter transmitting the case: Senate, knowingly, willfully, and delib- perhaps forever. erately. That is perjury. So we don’t Although the investigation developed evi- He then jumped into that grave and dence that might warrant charging Judge use that particular word. We don’t he uttered the words of ‘‘not guilty’’ to Porteous with violations of criminal law re- have to use that word. We don’t have to the shock of his colleagues. His career lating to judicial corruption, many of those charge a particular criminal statute. ended. He was chastised at home, but instances took place in the 1990s and would When we do use particular words, coun- he became a profile in courage not just be precluded by the relevant statute of limi- sel takes issue; when we don’t use par- for John F. Kennedy but, I hope, for tations. ticular words, counsel takes issue. many people in this Chamber. The tolling agreements that Judge What is the requirement here? That we No career will be lost with your vote Porteous signed contained this clause: charge him with high crimes and mis- today. Indeed, in a week of votes—of I understand that nothing herein has the demeanors. And yes, those words do ap- sweeping immigration changes and nu- effect of extending or reviving any such pe- pear in the articles. clear treaties—I think the world is in a riod of limitations that has already expired Now the gift. The wedding gift, as bit of amazement and awe that we prior to April 5, 2006. counsel calls it. You will notice from would have so many of you here today So anything that was gone by then the portion he read to you, Mr. Amato to just stop and decide the facts and was gone for good, and he made no never calls it a gift. Mr. Turley does, in the future of a Federal judge. It is a agreement to revive it. So the case was his question. In fact, after Mr. Turley

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.041 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8592 CONGRESSIONAL RECORD — SENATE December 7, 2010 asked those questions, I asked both I don’t think that is how the definition case law on the motion, the case law on Creely and Amato: Was this a wedding of a ‘‘kickback’’ works. the opinion or his judicial philosophy. present? Was this a wedding gift? And Plainly, Creely testified that the That is not what this is about. This is their answer was: Of course not. judge understood the money was com- about taking money during a case. Counsel has just said: Well, back in ing from the curatorships. Plainly, the This is denying a motion, when you the fifth circuit, when Judge Porteous judge knew it was a kickback, and if know you received money from the at- was explaining what happened, he Creely doesn’t want to admit it or call torneys and lying about it. It is not didn’t want to contradict his friends, it that himself, that is exactly what it about the merits of the cases you cite or maybe he didn’t have such a good was. In fact, Amato testified that or your judicial philosophy or what the recollection. So 3 years ago, during the Creely came to him and said: Look, the standard ought to be. fifth circuit when he said—he called it judge is hitting me up for the curator The judge set the right standard dur- then a loan that he never paid back. money. What do we do? ing the hearing. He understood exactly But he didn’t have as good a recollec- Amato said: Well, let’s just give it to what was required of him. That is what tion 3 years ago as counsel does now him. makes it so egregious. He set out the when he calls it a wedding gift. Well, Basically, it wasn’t going to cost standard, if you read that transcript, no one has ever referred to this as a them much. They are getting these perfectly, and he said if anything wedding gift. It was not a wedding cases. They are kicking back a portion should come up during the trial that present. It wasn’t something they reg- of it, so they decide to do it. should require me to take myself off istered for. Counsel makes the suggestion, again, the case, I will let you know and give In fact, the conversation in the testi- he is being charged with being a you that opportunity. mony at trial was, Amato says: We are moocher, he is being charged with hav- So what happens? The case is under out on a fishing trip and he says, look, ing free lunches. Again, I encourage submission. As counsel points out, it I invited too many guests to the wed- you to talk to the Senators who were was under submission for 3 years, and ding—this is where the wedding comes there. As my comments about Senator during that period does something hap- in. I invited too many guests to the JOHANNS earlier make clear, they are pen that would cause an objective per- wedding. I can’t afford this. You got to not about whether the judge was a son to question his impartiality? Yes. help me out. Can you get me 2,000. Can moocher or had too many free lunches. He hits them up for 2,000 bucks and you give me 2,000. Can you find me a This is about getting money from at- they give it to him. Does he do what he way to get 2,000? torneys, this is about setting bonds not said he would do during that recusal Does that sound like a gift to you? with the public interest in mind but to hearing and give the parties a chance And you don’t have to take my word maximize the profit of a bail bondsman to ask him to get off the case? Of for this or counsel’s word. There were and get a lot of gifts and favors and course not. 12 Senators who sat through these days trips and car repairs and everything No, instead, counsel paints Porteous of testimony. Ask them if this was a else out of it. as a victim of this conspiracy to go wedding gift. Counsel makes the astounding claim through judge after judge in this hos- Counsel says: Well, these were just that everybody in the case agreed that pital case. But, no, he is a hero. He is really close friends of the Judge. This this is the best judge in Louisiana. going to stay in there. He will not was Uncle Jake and Uncle Bob. These God, I hope not. If that is the case, we recuse himself. He will not let those were just close friends. Yet, look at the are in much more serious trouble than parties manipulate the system. This is transcript of that recusal hearing any of us can imagine. But that was Judge Porteous as hero, occasionally where the judge says—because at that certainly not the testimony in this as victim, but never as the abuser of point he wants to distance himself—I case. the public trust that, in fact, he is. The don’t really know these attorneys. Counsel says: Why weren’t there fact that the opposing counsel who Have we had lunch? Yes. But I have records produced by the House of the loses the recusal motion has to bring in lunch with all the lawyers in the court- curatorships? They could have gone another crony of the judge with an house. and gotten the records. This is some- agreement that says: If you get the Have I ever been to their house? No. what inexplicable because we did get judge off the case, we will give you one Well, that is odd. This is Uncle Bob the records. We went into the court- hundred—100,000 bucks to start and and Uncle Jake. They are that close, house and got the boxes and found the 100,000 more if you get him off the case, according to counsel, but the judge has record of these curator cases and we in- it shows you how the system is cor- never been to their house? Clearly, troduced records of hundreds of curator rupted by this judge. The other party from the point of the recusal hearing, cases that were, in fact, assigned to has to bring in a crony for his side of where he is trying to show—trying to Creely that were the subject of these the case. mislead the parties, he doesn’t know thousands and thousands of dollars Counsel says Mr. Amato testified these attorneys any better than any that were returned. that, well, he thought that Porteous other attorneys he has lunch with. Counsel says: Well, the witnesses was going to do the right thing—as if Then, it is one thing, but here it is couldn’t specify exactly how much— that makes it OK. I guess you have to Uncle Bob and Uncle Jake now. was it $20,000, was it $19,000, was it ask: Well, what did Mr. Amato think Counsel says Creely denied that this $21,000—and, therefore, you can’t be- the right thing was? I am sure he was a relationship between the cash lieve they actually got the money. thought the right thing was he was and the curators. That is simply not The judge himself doesn’t deny get- going to rule for him. In fact, that is, the case. If you look at Creely’s testi- ting the money. You know why we of course, exactly what Judge Porteous mony, he says the judge called him and can’t be precise about whether it was does. He rules for Mr. Amato in an was hitting him up for the curator $19,000 or $21,000 or $20,000? Because as opinion that is excoriated by the court money. When Creely says—the reason the witnesses said during the trial, of appeals as being made out of whole Creely doesn’t like calling it a kick- they paid in cash so there would be no cloth. back, apart from the very self-serving paper trail. I guess counsel is saying, if Counsel asks: Why didn’t he recuse and obvious reason, is, he says: I didn’t you pay in cash, you can never be himself and that way his other crony ask for these curator cases; therefore, charged or impeached because then the would have gotten 100,000 bucks? If he it can’t be a kickback because I didn’t government can’t prove exactly how did that, then Mr. Amato would lose want them. They were a nuisance. He many dollars went into your pocket. $500,000 to $1 million because that is says: The judge sent them to me be- Counsel then makes the claim that if how much he stood to make in fees on cause he wanted to hit me up for the you impeach him because he lied and the case. If he lost the case, he made money, but because we didn’t have an misled people during the recusal hear- nothing. If he won the case, he made agreement in advance, because he basi- ing, what you are doing is impeaching $1⁄2 million to $1 million. So here the cally forced me to take these cases and a judge because of a judicial decision, judge had to decide: Do I favor my one then forced me to give him some of the and that erodes judicial independence, crony who stands to make 100 grand or money, therefore, it wasn’t a kickback. as if it were a disagreement with the my other crony who stands to make

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.042 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8593 $500 million. Well, he chose to stand by Counsel can say: Well, there is noth- embarrassed? If you are an ordinary the crony who would make $500 mil- ing, per se, illegal about setting aside a citizen, you don’t have that right. Is it lion. conviction. In fact, the evidence during only judges who are embarrassed by Article II, this is about six lunches, the trial showed the judge lacked the bankruptcy? You don’t think a teacher counsel claims. This is the same issue power to set aside one of the convic- who files bankruptcy is embarrassed or that was raised with Senator JOHANNS. tions because Louisiana law says you a banker who files bankruptcy or a This is not about six lunches. Not even can’t set aside a conviction where the baker or anyone else would be embar- the portion of article II which deals person has already started their sen- rassed if their neighbors or their em- with Federal conduct is about six tence, and this person, Wallace, had al- ployer or someone else finds out they lunches. It is about a judge recruiting ready finished the sentence. But re- have had to file bankruptcy? It is a his successor into the same corruption gardless of that, even if you believe very painful, embarrassing process for scheme he was engaged in while he was somehow he had the power to ignore anyone, and a Federal judge doesn’t a State judge, a recruitment that was Louisiana law, the question is why? have any more right than anyone else successful. Judge Bodenheimer was re- Why did he exercise that power? On to use a fake name. cruited. He then went to work with the this issue, counsel has never had an an- Counsel says: Well, no harm, no foul Marcottes, so he wouldn’t deal with it swer. The uncontradicted testimony because he finished his bankruptcy pro- until he was vouched to work by Judge was, the reason he exercised that power ceeding and creditors got paid. He Porteous, and then Judge Bodenheimer was because Marcotte asked him to, be- didn’t want the notice in the paper, but goes to jail. This is the character wit- cause Marcotte was doing him favors, the creditors all found out about it ness Judge Porteous calls during the and more than that, Duhon and Wal- anyway. trial, Judge Bodenheimer, who went to lace were doing him favors, picking up Yes, the creditors found out about it jail for almost 4 years for the same his car, getting it washed, filling it because it went public. The hope was it charges. If you look at the charges with gas, and fixing the transmission, never would. What the judge also want- Judge Bodenheimer pled guilty to, it leaving $300 buckets of shrimp for him, ed, in addition to avoiding the embar- was having this arrangement with the when he got back in his car, and bot- rassment, he didn’t want the casinos to bail bondsmen, where he would set tles of vodka. know. He didn’t want the casinos to bonds to maximize the profits of the That is why he expunged the convic- know because if the casinos knew—and bondsmen in exchange for these favors tions, because Marcotte asked him to, they weren’t listed as creditors, even and gratuities. because he was doing favors for the though he continued to hand out his Counsel says: Well, the House has judge. gambling chits and gamble—if they said at one point it was not going to Counsel continues to make the asser- knew, they would deny him credit, and show that any particular bond was set tion, which I can’t understand, that they wouldn’t let him keep gambling, too high or too low. Counsel did not somehow the conviction was not set which is exactly what he did during the mention the fact that what we were aside after confirmation. The record is rest of the bankruptcy. On article IV, counsel concedes that saying is, we weren’t going to say this plain, that is exactly what happened. prior conduct can be impeached as long particular bond, in the case of Joe The conviction was set aside right as it is during the confirmation proc- Smith, should have been $50,000 higher after he was confirmed. There is no ess. So I guess they have waived any or $20,000 lower. No, we were not going reason why that couldn’t have been objection constitutionally to impeach to say in a particular case. What we done before, except for the fact he on prior conduct for the purpose of ar- were going to say was the arrangement didn’t want you to find out about it. He ticle IV because, of course, article IV, with the bondsmen, as the evidence didn’t want you to know about his rela- the lying to the Senate, is during the showed during trial, was that in each tionship with the Marcottes. That is confirmation process. of the cases that went before the judge, the reason it was delayed, that is the the bondsman would say: This is where He says: Well, these questions were reason it was concealed, that is the brought out, though. They were about I can make the most money, set it at reason he said nothing about it, and embarrassing facts. He is focused on this point. That is what we said we that is the reason why the record cor- one word ‘‘embarrassing.’’ But when would prove, and that is what we roborates exactly what Mr. Marcotte you look at those forms and the ques- showed during the trial. testified. tions you asked in the Senate, it is not Counsel then says something to the In article III counsel says: Yes, he effect that the Duhon expungement just about embarrassment, it is: Are filed under a false name. Variously, you aware of any negative information was downgraded. I don’t know what during the proceedings earlier, in his that means. Mr. Duhon was called to that may affect your confirmation? He written pleadings, counsel calls it a answers: To the best of my knowledge, testify. He testified about the fact— pseudonym. He filed under a pseu- just like Wallace, the other I am not aware of any negative infor- donym, as if it is a romance novel and mation that might affect my confirma- expungement—he didn’t hire an attor- he is using a pen name. During the ney, Mark Hunt did. He didn’t tell the tion. That is what he told you, and it trial, counsel said it was a typo- will be your decision: Is that truth or attorney anything. Mark Hunt ar- graphical error. Now he says it is the ranged the whole thing. If you look at is that a lie? lawyer’s mistake. Now, counsel implies that it is im- the transcripts of the expungements This is not a situation where you possible to know what that question and the set-asides between the judge— have a layperson going to an expert really means. So I asked his own expert when the judge sets aside these convic- lawyer and being advised of some ar- this during the trial: If information tions of these two Marcotte employees, cane provision of bankruptcy law. This came out before confirmation that a do you know what is striking about is a Federal judge with 20 years of ex- candidate for judge took kickbacks them? There is nothing said during the perience and the lawyer concocts this from attorneys in exchange for the offi- hearing. There is nothing said. There is scheme: Well, let’s use a false name, cial act of sending curator cases, no case made about why this person de- and why don’t you go out and get a would, in your expert opinion, that be serves to have their conviction set P.O. box so we don’t have to list your unfavorable information that would af- aside. The lawyer doesn’t say: Judge, address, and the judge does this. fect that nomination? he has lived a good life, he has never This is not advice of counsel. This is This was Professor Mackenzie: had a problem with the law, he de- collusion. What is the judge’s expla- If it were true, yes, it would be. serves this. It is silent. The judge just nation for why he is entitled to file Question. It would kill the nomination, says: I am going to do this. I am set- under a fake name? He doesn’t want to wouldn’t it? ting aside this conviction under code embarrass himself, and I guess he Answer. I think it probably would, yeah. section blah, blah, blah. There is no doesn’t want to embarrass his wife. Question. And a reasonable person would discussion; the judge doesn’t want What does this mean; that if you are understand that, wouldn’t they? Answer. Yes, I think so. there to be. He doesn’t want anybody a Federal judge, you have a right to Question. That wouldn’t require a level of listening or watching to read the tran- file under a false name under penalty insight of which no ordinary person is capa- script and to know what is going on. of perjury because you don’t want to be ble?

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.043 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8594 CONGRESSIONAL RECORD — SENATE December 7, 2010 No, I agree with that. Yeah. We believe this conduct is beneath The assistant legislative clerk read Question. If information came up before the dignity of anybody to serve on the as follows: confirmation that the candidate set bail at bench. That is not only toward Judge Senator Specter to Mr. Turley: Why did amounts to maximize the profits of a bail Porteous, but it is toward all who serve Judge Porteous waive the statute of limita- bondsman—et cetera with him and has raised profound ques- tions? Did he think the move was a realistic Same answer to each of those ques- tions certainly in one courthouse and possibility that he would have been exoner- tions. Their own expert said plainly probably many others about just who ated? that information is called for by that is sitting on the bench. Mr. TURLEY. Thank you, Senator question. Their expert said: You have The remedy of impeachment is not SPECTER. I want to emphasize that no right to lie. If you do not want to punitive. It is not designed to punish with regard to statute of limitations, suffer the humiliation of revealing that Judge Porteous. Instead, it is designed he waived the statute of limitations he you are corrupt, you know what you to protect the institution. And I be- was requested to waive. And the House do—you withdraw your nomination. lieve, on behalf of the House, it is not has come forth and said:—they said And, in fact, that is why these cases possible to protect the institution by they still could not proceed in this area are rare. It is rare, frankly, that you do deciding that this level of corruption is or that area. As I mentioned, they were not find this information during the OK, that solicitation of cash is OK, able to do that with Bodenheimer. The vetting process. But when it comes out, that striking deals with bail bondsmen statute of limitations was not a limita- when the White House nominates that don’t take official acts in the tion. someone and it comes out that there is public’s best interest or public trust The reason he did it is the same rea- a problem, do you know what happens? but on how to enrich the judge is OK. son he went to the Fifth Circuit and They withdraw. Now, they may with- These things are not OK. These things said: I am not going to contest these draw and say, I have had second are not just an appearance problem, as facts. Whether I remember specifically thoughts, or, I want to spend more counsel suggests. This is unethical. how the money was given to me, as I time with my family, or for whatever This is criminal. And for the purposes recall, I was given money, and it was a reason. They do not have to say why. of an impeachment proceeding, it is gift, and it was a mistake. He said: I But that is what happens. also a high crime and misdemeanor am not going to contest that, I am not The confirmation process should not warranting removal. going to fight that because it was be a game of hide and seek with the Thank you. wrong. And the same thing with the Senate where if you can keep your il- The PRESIDENT PRO TEMPORE. statute of limitations. He said: I am a licit conduct or your corruption hidden All time has expired. judge, and if you can find a crime to Questions have been submitted in from the Senate and get by that con- charge me with, then you should do it. writing. The clerk will now report the firmation hearing, you are set for life. That is the point of waiving a statute questions. That is not the precedent we want to of limitations. There is no other point set. That was the view, the unanimous The legislative clerk read as follows: Senator Franken to Mr. Turley: Isn’t what of waiving a statute of limitations. view, of the House of Representatives. You take a risk. And, you know, you It will be for all of you to decide to happened before he was a Federal judge rel- evant if he subsequently lied about it? yourself, as a well-known defense at- what degree you want nominees in the torney—well, a well-known litigator, I future to feel that they can mislead the Mr. TURLEY. Senator FRANKEN, what I would say is that we have should say, as are many people in this Senate, that they can conceal informa- agreed that if those lies occurred dur- room, usually you encourage people tion about corrupt activity; if they can ing a confirmation hearing, it was an not to waive a statute of limitations just get through the confirmation, act of perjury, then certainly you because you don’t know where it will they will be home free, they will be be- would have a potential impeachable of- lead. This judge decided he would. And yond the reach of impeachment. I fense. ultimately, the Justice Department think that is a careless path to go I think that the line being drawn found that, in looking at all of the evi- down as well. here is—I think this may be the thrust dence, they couldn’t bring a charge, When counsel summed up, he asked: of your question—that if it is pre-Fed- and they certainly could not secure a Did he betray his office? I think that is eral conduct, the answer is no. This verdict on that basis. the right question. I think hitting up body has stated in cases like Archbald But I don’t think there was anything attorneys, when you have a pending that it will not consider pre-Federal sinister about waiving a statute of lim- case worth millions, for $2,000 cash, conduct for a very good reason. The itations. I mean, to the extent that you that is betraying your office. I think Constitution guarantees life tenure for believe he waived it because he didn’t recruiting other judges into a corrupt good behavior in office. That is how the think he could be charged with a scheme is betraying your office. I think Framers defined it. crime, the answer, I think, is yes, he lying to the Senate is a betrayal. I If you allow for the House to go back doesn’t think he did commit a crime, think lying to the bankruptcy court is in this case three decades—three dec- and he waived it. a betrayal. ades—and say: Look at all of these The legislative clerk read as follows: In the most plain terms, what does things you did before you became a Senator Merkley to Mr. Turley. Judge this mean, to violate the public trust? judge, we are going to have a do-over. Porteous, while he had the Lifemark case Let’s say you do not impeach. What is We think that now you should be re- under advisement, solicited a cash gift from someone walking into Judge Porteous’s moved because of those things, not be- an attorney (Amato) who represented one courtroom or any other judge in New cause of what you did as a Federal side of the dispute. He then accepted a $2,000 Orleans or California or anywhere else judge. And I think there is a distinc- gift from this attorney. to think? Do they think: Well, I guess tion. I believe that if there was perjury You have referred to this gift as only an I can file something under a false name in the confirmation hearing—I don’t appearance of a conflict of interest. How can because the judges do and that is all parties to a case expect fair treatment from think Mr. SCHIFF and I would disagree a judge if the judge solicits and receives a right. I guess maybe I need to see if I on that point. But there is a big dif- gift from an attorney on one side in a case? can pay the judge some cash or fill up ference. That is the constitutional Ru- Doesn’t such a solicitation during a trial his car or fix his radiator if I want bicon. That is where this body has constitute a complete abandonment of im- them to rule in my favor. never gone. And I do believe, if you partiality and a fundamental abuse of the Can anyone seriously go into Judge look at it objectively, you can see that judge’s position and a betrayal of the public Porteous’s courtroom after this with- the perils on that path are obvious and trust? out wondering those very things? Is that this body should not go there. Mr. TURLEY. Senator, first of all, I that not the kind of abuse of the public There are articles here that refer to believe I agree with the sentiments trust the Framers intended to provide Federal conduct, and you have every that were expressed in that question. a remedy for so that we would not have right to judge this man, but you should He should not have accepted the gift. to continue to suffer someone on the judge him as a judge for what he did to That is why he accepted discipline. But bench who would damage the institu- the office you gave him, and I think it was an appearance of impropriety. tion in that way? that is what the Framers intended. That is how the court treated it. You

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.045 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8595 can read the opinion by the dissenting held up for ridicule. And I got to tell to a period of morning business, with judges and look into whether an ap- you, it is not something most people Senators allowed to speak for up to 10 pearance of impropriety should be an would want for themselves. It was an minutes each. impeachable offense. appearance of impropriety, and he was The PRESIDING OFFICER. Without There is no suggestion it was a bribe. severely disciplined for it. objection, it is so ordered. It is not alleged it was a bribe. And so The PRESIDENT pro tempore. Are what you have then is something that there any more questions? is classified as an appearance of impro- The Chair recognizes the majority f priety, and an appearance of impro- leader. priety does all of the things that the CLOSED SESSION TRIBUTE TO WALT RULFFES question suggests. That is why you do Mr. REID. Mr. President, I move that Mr. REID. Mr. President, I rise today not want appearances of impropriety, pursuant to impeachment rule 10, the to recognize the lasting achievements because it makes people uncertain as Senate now close its doors to com- of the Walt Rulffes. His recent retire- to whether the judge is being fair and mence deliberations on the motions ment from the post of Superintendent unbiased. And he admitted to that. It and impeachment articles and ask of Clark County School District means was a mistake. But it was not during unanimous consent that floor privi- that southern Nevada is losing one of the trial. The trial was long over. This leges during the closed session be its most versatile leaders. Walt’s im- was years after the trial. But it was granted to the individuals listed on the pressive ability to lead, while often still a mistake. The case was still pend- document I now send to the desk. having to make tough decisions, has ing. And he should have realized that. The PRESIDENT pro tempore. With- And, yes, we do refer to it as a wed- out objection, it is so ordered. garnered the respect of all Nevadans. ding gift. I am not so sure why we are The list is as follows: His guidance of one of the Nation’s fast-growing school districts through having the dispute because it was IMPEACHMENT CLOSED SESSION good times and bad, will never be for- Amato who said—he raised the fact FLOOR PRIVILEGES gotten. that he needed money to pay for his Parliamentarians: Alan Frumin, Elizabeth son’s wedding, and the result of that is MacDonough, Peter Robinson, Leigh Born in Long Island, NY, Walt was that Amato and Creely gave him $2,000 Hildebrand. raised on a ranch in Washington State. cash. And it is true that they are Legislative Clerks: Kathie Alvarez, John He grew up with a love for literature Merlino, MaryAnne Clarkson. friends with Timothy. It is true, you Journal Clerks: Scott Sanborn, William and learning. Although childhood know—I am not surprised to hear a Walsh, Ken Dean. dreams revolved around becoming a suggestion that Creely—that there Official Reporters: Valentin Mihalache, cowboy, he went on to obtain his might be an overstatement of the rela- Pam Garland, Joel Breitner, Mark Stuart, M.B.A. from Gonzaga. Walt developed a tionship. I suggest that you read the Rebecca Eyster, Patrick Renzi, Julie Bryan background in Finance, which laid the record. But they were very close to and Paul Nelson. foundation for later success. He also Executive Clerk’s Office: Jennifer Gorham. developed the ability to act decisively Timothy. But it does not excuse any- Majority Leader: Gavin Parke, Mike thing. That is why he accepted the Castellano, Serena Hoy, Gary Myrick. in a moment of need. Serving first as punishment. Republican Leader’s Office: John Abegg. deputy superintendent of finance, then But words mean things in impeach- Democratic Secretary’s Office: Tim Mitch- as interim superintendent, Walt even- ments. You know, Mr. SCHIFF points ell, Tricia Engle, Meredith Mellody. tually became the superintendent for out, why did we have to actually say Republican Secretary’s Office: Laura Dove, the Clark County School District. ‘‘kickback’’? Why are you making us Jody Hernandez. The PRESIDENT pro tempore. The The Clark County School District is say ‘‘kickback’’? Just look at how one of the country’s largest local edu- these words hold together. Is this not Senate will now close its doors and only Members and staff granted floor cation agencies, serving over 300,000 what a kickback is? Well, yeah. And it students from a variety of back- can also be conspiracy, it could be mail privileges shall remain. The Sergeant at Arms will ensure the grounds. Its superintendent, therefore, fraud, it could be wire fraud, it could must be able to proficiently manage be a number of other things when you Chamber, the galleries, and the adjoin- ing corridors are cleared of unauthor- immense day-to-day activities as well talk about corruption. as oversee financial affairs. Mr. Rulffes The reason we want you to say ized persons. not only met these demands, but in ‘‘kickback’’ or ‘‘bribe’’ is because it is (At 5:45 p.m., the doors of the Cham- fact exceeded all expectations. His suc- a specific allegation. And one of those ber were closed.) cess is mainly due to this fact: Walt is mentioned actually in the Constitu- At 7:56 p.m., the doors of the Cham- has never forgotten the most impor- tion itself. ber were opened, and the open session tant part of his job—the students. In By the way, the House managers of the Senate was resumed. one occasion, unsatisfied with the in- knew that the issue before the Su- f consistency of math teaching practices preme Court was whether you are LEGISLATIVE SESSION and tests, he implemented district- going to allege a kickback. So they Mr. REID. Mr. President, I ask unan- wide math textbooks and uniform test- knew that courts, in fact, turn down imous consent that the Senate now ing to equip students with necessary honest services for the failure to allege move to legislative session. mathematics skills for college. Scores kickbacks, and they still did not men- The PRESIDING OFFICER (Mr. improved and students are now much tion it. Why? Because they wanted to UDALL of Colorado). Without objection, better prepared for college and careers. use corruption. it is so ordered. So the point is, in answer to this His focus on the development of career Mr. REID. Mr. President, I suggest and technical schools likewise im- question, that if it is not a kickback the absence of a quorum. and it is not a bribe, it is what the proved students’ possibilities for edu- The PRESIDING OFFICER. The cation. Walt further implemented Court said it was in the Fifth Circuit— clerk will call the roll. an appearance of impropriety. And that English language learning, ELL, pro- The legislative clerk proceeded to grams and was a champion of the ‘‘Em- is not good. And Mr. SCHIFF and I will call the roll. powerment Schools,’’ a program that agree on this. No attorney wants a Mr. REID. Mr. President, I ask unan- judge to do what was done in this case, grants school principals greater auton- imous consent that the order for the omy. and that is why he was disciplined, and quorum call be rescinded. he was disciplined harshly. That is the The PRESIDING OFFICER. Without Serving as the head of Clark County most severe discipline this court has objection, it is so ordered. School District, Walt was also forced handed down. f to master the art of adaption. From Mr. SCHIFF might, in fact, say: What year to year, the issues faving the is that? You do not get to be a judge? MORNING BUSINESS school district were never quite the That is a lot because you are rep- Mr. REID. Mr. President, I ask unan- same. CCSD went from building over rimanded by your colleagues. You are imous consent that the Senate proceed 100 new schools to accommodate new

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.046 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8596 CONGRESSIONAL RECORD — SENATE December 7, 2010 residents, to dealing with over $250 mil- Unfortunately, the version of the That is the kind of approach we lion in budget cuts when the economic DREAM Act before us has several prob- need—the kind of approach I hope we downturn hit. Through the highs and lems we have identified previously over can get once the new Congress takes up lows, Walt Rulffes has worked to give the last several years. Under this its responsibilities in January. the school district, its teachers, and version of the DREAM Act, a 30-year- f students the consistency that must ac- old illegal immigrant with only 2 years TAX CUTS company a quality education. of post-high school education would be The recognition of his work has gone eligible for a green card—regardless of Mr. CASEY. Mr. President, last far beyond the borders of the Silver whether he or she ever earned a degree. weekend I voted for legislation that State. Just this year, he was one of the Under this version of the DREAM would extend tax cuts for all Penn- four finalists for National Super- Act, a thirty year old illegal immi- sylvanians. This legislation also in- intendent of the Year, awarded by grant who has been convicted of two cluded a continuation of expired unem- American Association of School Ad- misdemeanors would be eligible for a ployment insurance, a series of tax in- ministrators. In making their selec- green card—and let’s remind ourselves centives that have created jobs in tion, the judges cited student achieve- that many misdemeanors are not Pennsylvania like the R&D tax credit, ment, his empowerment program, fis- minor offenses. In many States, they the biodiesel tax credit which is essen- cal responsibility, and staff develop- include: driving under the influence; tial to companies like Hero BX in Erie, ment in the nation’s fifth largest drug possession; burglary; theft; as- the new markets tax credit and the school district. I congratulate him on sault; and many other serious crimes. payroll tax credit known as the HIRE this honor and appreciate all the im- In New York, ‘‘sexual assault of a Act. I also voted for permanent exten- provements he has brought to the dis- minor in the third degree’’ is a mis- sions of the enhanced child tax credit trict. demeanor offense. Someone with two and earned income tax credit and the I join with my fellow Nevadans in convictions for any of these crimes expanded adoption tax credit that I in- honoring Walt for his great work as would be eligible for a green card under cluded in the health care reform law, Superintendent of Clark County this legislation. And that doesn’t even all of which place money back into the Schools. ‘‘My whole obsession in Ne- include people who are prosecuted for pockets of working people across the vada has been to increase the number felonies—but who plead guilty to a Commonwealth. and quality of our graduates,’’ he once misdemeanor as part of a plea agree- According to the Pennsylvania De- noted. For that, we will always be ment. partment of Revenue, out of 6.5 million This version of the DREAM Act also grateful. filers in the Commonwealth in 2008, 98 has very weak protections against f percent had adjusted gross income fraud. As we saw in 1986, any time we below $250,000. There is a consensus in DREAM ACT expand eligibility for an immigration Congress to extend tax cuts for these Mr. CORNYN. Mr. President, I rise benefit we will create a new oppor- families. We should pass the middle in- today to discuss the upcoming cloture tunity for fraud if we are not careful. come tax cuts, renew the job creation Yet this bill actually protects the con- vote on the motion to proceed to the tax cuts and preserve unemployment fidentiality of a DREAM Act applica- DREAM Act. I have great sympathy for insurance. We can then have a debate tion—even if it contains false informa- students brought to the United States about the upper income tax breaks at a very young age who have no moral tion. These are just some of the problems without using middle-income families culpability for being in this country in in this version of the DREAM Act that and those laid off through no fault of violation of our laws. I have listened to should have been debated in the Judici- their own as political bargaining chips. many stories about how our broken im- ary Committee, and subject to amend- However, a long-term extension of tax migration system has failed these stu- ment under the regular order. None of cuts for upper income taxpayers, dents, and I have discussed this issue these concerns with the DREAM Act multimillionaires and billionaires, is with many Hispanic leaders in Texas are new, by the way. Like other Sen- not fiscally responsible for one reason: and across the Nation. ators, I have made clear for years my it adds hundreds of billions to the def- Last week, we learned that the un- concerns about loopholes for convicted icit without creating jobs or stimu- employment rate went back up to 9.8 criminals as well as protections lating economic growth. percent in November—and more than against fraud. In recent months, I spoke to both 15 million Americans cannot find a job. Washington’s credibility is the obsta- business owners and economists to get In the Hispanic community, things are cle to broader immigration reform and their views on how Congress should even worse. The unemployment rate is rushing a flawed version of the DREAM handle the expiring tax provisions. up to an astonishing 13.2 percent the Act in a lameduck session will only What I learned is that certainty and highest rate in 27 years. And it has weaken Washington’s credibility even consistency are needed when the econ- been above double digits every month further. omy is in such a fragile condition. We since the stimulus bill became law in I also believe that these tactics show must reach a compromise. At most February 2009. a lack of respect for those of us who however, this might entail a short- That’s why I agree with my Repub- want to see credible immigration re- term extension of upper income tax lican colleagues that the only items on form. We all know that the majority— cuts and other ideas that could bring our agenda during this lameduck ses- as well as the White House—have not certainty without unduly increasing sion should be time-sensitive issues fo- kept their promises on immigration re- the deficit. cused on the economy. Those time-sen- form. They clearly hope a last-minute f sitive issues include passing a con- push for the DREAM Act during a BOYS & GIRLS CLUBS tinuing resolution to keep the govern- lameluck session will outweigh 2 years ment running, as well as preventing of inaction and broken promises on Mr. LEAHY. Mr. President, Novem- the largest tax hike in U.S. history. this issue. These tactics clearly rep- ber and December bring with them a Everything else that can wait should resent political gamesmanship: a cyn- contagious holiday spirit. During a wait until the new Congress convenes ical attempt to play on the hearts and time when many Vermonters are strug- in January. minds of those who want real reform. gling to feed their families and heat Nevertheless, I do have sympathy I continue to believe that our Nation their homes, community members with students who would benefit from would benefit from the DREAM Act across Vermont are stepping forward to the DREAM Act. And that is why I being introduced and debated in com- provide a helping hand to their neigh- voted for a version of this legislation in mittee; amended to address concerns bors. I am proud that Vermont takes to the Judiciary Committee in 2003. But with the bill; and incorporated into a heart our country’s great tradition of as I said then and continue to say credible immigration reform package offering a helping hand to those in today: it is important to get the details that begins with border security and need. right with sensitive legislation like can win the support of the American While many of us were at home with this. people. our families this Thanksgiving, the

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.012 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8597 staff and volunteers at the Vermont Thirty families have signed up for the ‘‘It’s a wonderful mix we get here,’’ Boys & Girls Clubs of America were Localvore Challenge in Rutland, Sabataso Pinkham said. ‘‘We get the homeless popu- busy organizing food donations and said. Using local foods is key for Vair, who lation coming in as well as families who cooking meals for the holiday to pro- tries to incorporate healthy carbohydrates don’t want to make a full meal at home. It and fresh vegetables to the meals he prepares creates a really rich environment that’s sat- vide hot meals to those who might not at the club every day, he said. ‘‘I try to have isfying to be a part of.’’ otherwise have had a Thanksgiving fresh veggies in every meal,’’ Vair said. ‘‘A Washington County Senator Bill Doyle had dinner at all. In Rutland alone, the lot of these kids are used to canned crap and a full turkey leg with lots of gravy on his Boys & Girls Club cooked enough food they try fresh stuff and like it more.’’ plate shortly after noon Thursday. It was his to feed 100 people, with many of the in- Vair said the casserole is traditionally 12th consecutive Thanksgiving dinner at gredients donated by local farms. In made with sweet potatoes but he used the Bethany and he said that difficult economic Montpelier, the Washington County butternut squash because it was available lo- times have made efforts like these even more Youth Service Bureau and Boys & Girls cally. Twelve-year-old Chyna Cast thought important. ‘‘You can see the difficult times Clubs staff and volunteers prepared the food was great, her favorite being the reflected in the number of people here today garlic mashed potatoes, she said. ‘‘I think and the enthusiasm they have for a meal like turkey dinners to feed homeless it’s really good,’’ Chyna said. ‘‘Actually, I this,’’ Doyle said. ‘‘It says something about Vermonters and financially secure resi- think it’s amazing.’’ the community, this church and the Wash- dents alike, producing a real commu- The mashed potatoes seemed to be the big- ington County Youth Service Bureau that nity dinner. gest hit of the night. ‘‘I can have a mountain this is available for whoever wants to come In these tough economic times, com- of potatoes on my plate for Thanksgiving,’’ enjoy it.’’ munity resources are vital to the well- said Brooke Nuckles, director of the Center, Sheridan said events like the one Thursday being of all Vermonters. As these re- an outreach program for 16-to-21-year-old are part of what make him proud to live in sources become scarcer, donations and members. the Capital City. Through the food, Vair teaches the club’s volunteers become indispensible. Rut- f youths, especially those from the ages of 16 land and Montpelier are just a few ex- to 21, skills about cooking and the impor- NATIONAL ALZHEIMER’S PROJECT amples of where Vermonters are volun- tance of healthy eating, he said. For the ACT teering in their communities this holi- Thanksgiving dinner, kids from the 6-to-15- day season. I am proud to call Vermont year-old group helped chef Vair make the Mr. BAYH. Mr. President, I rise home and to count these volunteers pies and slice the bread for the stuffing. ‘‘It’s today to commend members of the Sen- among my friends and neighbors. I great to see the kids, with their aprons on ate Committee on Health, Education, commend them and all those who do- five nights a week in the kitchen,’’ Nuckles Labor, and Pensions and Members of nated food for Thanksgiving meals, and said. ‘‘We are so thankful to the farmers of the Senate for their support of the Na- I applaud all those who voluntarily Vermont and lucky to have access to all the tional Alzheimer’s Project Act, S. 3036. food.’’ step forward throughout the year to In particular, the committee was help- take the time to attend to the support [From the Times Argus, Nov. 26, 2010] ful in strengthening the National Alz- and safety of Vermont’s children and heimer’s Plan and the annual reporting THANKSGIVING VOLUNTEERS DELIVER—WITH families. COMMUNITY SPIRIT—IN MONTPELIER requirements to Congress that include I ask unanimous consent that press (By Peter Hirschfeld) the articulation of goals, benchmarks, articles detailing the work of the priorities, recommendations, and Vermont Boys & Girls Clubs and volun- Montpelier—For 364 days a year, the Wash- ington County Youth Service Bureau/Boys tracking outcomes. teers be printed in the RECORD. These and Girls Club operates programs that bring This legislation is focused on chang- articles include ‘‘Boys and Girls Club stability to the lives of local children and ing the devastating trajectory of Alz- serves local Thanksgiving dinner’’ pub- teenagers. But every Thanksgiving, the orga- heimer’s disease for our families and lished by the Rutland Herald on No- nization’s 40-member staff transforms into a our economy. Alzheimer’s disease is a vember 24, 2010, and ‘‘Thanksgiving full-service catering crew. debilitating illness that affects more Volunteers deliver—with community Since 1972, the Youth Service Bureau has than 5 million Americans and their spirit—in Montpelier,’’ published by cooked up one of the best-attended free din- families every day. The growing num- the Times Argus on November 26, 2010. ners in the state on a holiday devoted to food. On Thursday, in the festively decorated ber of Americans expected to be af- There being no objection, the mate- fected by this disease, which is esti- rial was ordered to be printed in the basement of the Bethany Church in Montpe- lier, diners enjoyed a meal made possible by mated to reach up to 16 million people RECORD, as follows: hundreds of hours of volunteer labor. by 2050, will continue to place an enor- [From the Rutland Herald, Nov. 24, 2010] ‘‘Look at this place—it’s absolutely full,’’ mous burden on families and loved BOYS AND GIRLS CLUB SERVES LOCAL said Montpelier City Councilor Jim Sheri- ones, not to mention the serious fiscal THANKSGIVING DINNER dan. ‘‘Especially in these times, there’s a consequences to consider if we do not (By Lucia Suarez) need for something where the disabled, the act now to address this disease. If noth- The Boys and Girls Club of Rutland County disadvantaged, the needy, can come to- gether, socialize and enjoy a good meal. It’s ing is done, studies report that Alz- hosted the annual Thanksgiving dinner as heimer’s disease will cost the United part of its food program, serving traditional just a wonderful thing.’’ Thanksgiving foods using local ingredients Karena LaPan, a receptionist at the Youth States $20 trillion over the next 40 on Tuesday. Chef Ian Vair, food coordinator Service Bureau, was the organizing force be- years. for the Boys and Girls Club, used mostly hind this year’s meal. More than 200 people With no current plan to address Alz- local ingredients donated through the Rut- ate turkey and all the traditional fixings at heimer’s, this important piece of legis- land Area Farm and Food Link as part of Bethany Thursday afternoon. The Youth lation would lay the foundation to co- this year’s Localvore Challenge. Service Bureau delivered another 290 pre- ordinate all Federal Alzheimer’s pro- Radical Roots Farm, Boardman Hill Farm pared dinners to residents across the city. in West Rutland, and Clark Farm in Wells ‘‘It’s unbelievable how many people are will- grams and initiatives, including re- donated all the food, he said. ing to donate time, money or food to making search, clinical care, institutional Vair served roasted turkey, garlic mashed this possible,’’ LaPan said ‘‘We all get a lot cared home- and community-based pro- potatoes, stuffing, kale au gratin (in of enjoyment out of it.’’ grams. The bill also ensures that a na- bechamel cream sauce), butternut squash Volunteers roasted about 35 turkeys tional Alzheimer’s plan will be imple- casserole and Dutch apple pie to more than this week to get ready for the event. mented by the agencies and Congress. 50 hungry kids and their families. ‘‘We made On Wednesday, Youth Service Bureau This bill will leverage existing lead- enough for leftovers, enough food to feed about 100 people.’’ Vair said. ‘‘It’s two days staff spent the day in the Bethany ership to offer real solutions to the of work.’’ kitchen over steaming kettles of pota- Alzheimer’s crisis. The National Alz- Using the local ingredients for the dinner toes, squash and other Thanksgiving heimer’s plan called for in this bill is part of the club’s Localvore Challenge in standbys. Kreig Pinkham, executive di- will, for the first time, articulate what collaboration with Sustainable Rutland. The rector of the Youth Service Bureau, outcomes the Federal Government is challenge for Thanksgiving is to see how said the all-inclusive meal draws finan- seeking to reduce the impact of this much of people’s holiday dinner is from local ingredients, said Jim Sabataso, coordinator cially secure residents eager to break crisis. It would allow Congress to as- for Sustainable Rutland. Local is defined as bread with neighbors, as well as more sess whether the Nation is meeting the a 100-mile radius. ‘‘Thanksgiving is so much vulnerable people who wouldn’t be able challenges of the disease for families, about the harvest,’’ Sabataso said. to afford it otherwise. communities, and the economy. It

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.032 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8598 CONGRESSIONAL RECORD — SENATE December 7, 2010 would give all stakeholders an answer be used to get the best possible care for (SARs) for the quarter ending September 30, the fundamental question, ‘‘Was this a patients. At a time when medical re- 2010; to the Committee on Armed Services. good or a bad year in the fight against search funds are too scarce and we are EC–8346. A communication from the Assist- ant Secretary, Bureau of Political-Military Alzheimer’s?’’ struggling to provide quality health Affairs, Department of State, transmitting, The National Alzheimer’s Plan will care for all Americans, for the first pursuant to law, an addendum to a certifi- include appropriate performance meas- time we will be able to assess all Fed- cation, transmittal number: DDTC 10–113, of ures and benchmarks to allow legisla- eral efforts related to Alzheimer’s dis- the proposed sale or export of defense arti- tors to evaluate progress in the fight ease, ensure existing resources are cles, including technical data, and defense against Alzheimer’s. The assessment maximized, enhance the delivery of services to a Middle East country regarding and priority recommendations will quality care, and support the kind of any possible affects such a sale might have likely address issues such as the under- research that will one day result in a relating to Israel’s Qualitative Military Edge investment in Alzheimer’s research. By over military threats to Israel; to the Com- cure for this devastating disease. mittee on Armed Services. addressing Alzheimer’s disease and de- f EC–8347. A communication from the Direc- mentia directly, the National Alz- tor of the Regulatory Management Division, heimer’s Plan will also call attention EXECUTIVE AND OTHER Office of Policy, Economics, and Innovation, to the many steps that can be taken to COMMUNICATIONS Environmental Protection Agency, transmit- improve recognition, diagnosis and The following communications were ting, pursuant to law, the report of a rule en- care for people with these conditions, laid before the Senate, together with titled ‘‘Approval and Promulgation of Imple- reduce symptom severity, support fam- accompanying papers, reports, and doc- mentation Plans; Extension of Attainment Date for the Atlanta, Georgia 1997 8-Hour ily caregivers, and encourage ‘‘healthy uments, and were referred as indicated: Ozone Moderate Nonattainment Area’’ (FRL brain’’ behaviors that may reduce risk EC–8339. A communication from the Sec- No. 9234–2) received in the Office of the Presi- for these conditions. retary of Commerce, transmitting, pursuant dent of the Senate on November 30, 2010; to With the leadership of the Federal to law, a report relative to the continuation the Committee on Environment and Public Government and input from all stake- of a national emergency declared in Execu- Works. holders, including Alzheimer’s patient tive Order 13222 with respect to the lapse of EC–8348. A communication from the Direc- advocates, health cafe prodders, State the Export Administration Act of 1979; to the tor of the Regulatory Management Division, Committee on Banking, Housing, and Urban health departments, voluntary health Office of Policy, Economics, and Innovation, Affairs. Environmental Protection Agency, transmit- associations, and researchers, this bill EC–8340. A communication from the Direc- ting, pursuant to law, the report of a rule en- would allow an opportunity for all wor- tor of the Regulatory Management Division, titled ‘‘Approval and Promulgation of Imple- thy entities addressing Alzheimer’s, in- Office of Policy, Economics, and Innovation, mentation Plans; Georgia: Stage II Vapor cluding organizations at the State and Environmental Protection Agency, transmit- Recovery’’ (FRL No. 9234–4) received in the at the national level, to come together ting, pursuant to law, the report of a rule en- Office of the President of the Senate on No- on advisory council to make rec- titled ‘‘Spiroxamine; Pesticide Tolerances’’ vember 30, 2010; to the Committee on Envi- ommendations and implement a na- (FRL No. 8850–9) received in the Office of the ronment and Public Works. President of the Senate on November 30, tional strategic plan to overcome this EC–8349. A communication from the Direc- 2010; to the Committee on Agriculture, Nu- tor of the Regulatory Management Division, dreadful disease. The advisory council trition, and Forestry. Office of Policy, Economics, and Innovation, will also ensure buy-in, leadership, and EC–8341. A communication from the Direc- Environmental Protection Agency, transmit- coordination of all related Federal tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- agencies conducting Alzheimer-related Office of Policy, Economics, and Innovation, titled ‘‘Approval and Promulgation of Imple- care, services, and research. Environmental Protection Agency, transmit- mentation Plans; North Carolina: Hickory- One of the principal objectives of the ting, pursuant to law, the report of a rule en- Morganton-Lenoir; Determination of Attain- advisory council is to represent a broad titled ‘‘Metrafenone; Pesticide Tolerances’’ ing Data for the 1997 Fine Particulate Matter (FRL No. 8854–6A) received in the Office of range of expert stakeholders within the Standard; Correction’’ (FRL No. 9235–5) re- the President of the Senate on December 1, ceived in the Office of the President of the Alzheimer’s community to provide 2010; to the Committee on Agriculture, Nu- Senate on December 1, 2010; to the Com- input and recommendations to the Fed- trition, and Forestry. mittee on Environment and Public Works. eral Government on a national stra- EC–8342. A communication from the Direc- EC–8350. A communication from the Direc- tegic direction for combating Alz- tor of the Regulatory Management Division, tor of the Regulatory Management Division, heimer’s disease. When crafting this Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, legislation, the sponsors were careful Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- to include patient advocates, care- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- titled ‘‘N,N,N’,N,’-Tetrakis-(2- givers, and providers who serve at the titled ‘‘Approval and Promulgation of Imple- Hydroxypropyl) Ethylenediamine (NTHE); mentation Plans; North Carolina: Greens- front lines of Alzheimer’s care and who Exemption from the Requirement of a Toler- boro-Winston-Salem-High Point; Determina- understand on a personal level the toll ance’’ (FRL No. 8851–8) received in the Office tion of Attaining Data for the 1997 Fine Par- of this disease on patients and their of the President of the Senate on November ticulate Matter Standard; Correction’’ (FRL families. Additionally, sponsors of S. 29, 2010; to the Committee on Agriculture, No. 9235–4) received in the Office of the Presi- 3036 included representatives of State Nutrition, and Forestry. dent of the Senate on December 1, 2010; to health departments and Alzheimer’s re- EC–8343. A communication from the Direc- the Committee on Environment and Public searchers who have expertise regarding tor of the Regulatory Management Division, Works. Office of Policy, Economics, and Innovation, EC–8351. A communication from the Direc- the impact of this disease on public Environmental Protection Agency, transmit- tor of the Regulatory Management Division, health as well as the state of the ting, pursuant to law, the report of a rule en- Office of Policy, Economics, and Innovation, science in discovering prevention titled ‘‘Polyoxyalkylated Glycerol Fatty Environmental Protection Agency, transmit- methods, treatments, and cures. Last- Acid Esters; Tolerance Exemption’’ (FRL No. ting, pursuant to law, the report of a rule en- ly, sponsors sought to include national 8852–2) received in the Office of the President titled ‘‘Addition of National Toxicology Pro- voluntary health associations on the of the Senate on November 29, 2010; to the gram Carcinogens; Community Right-to- council, who provide invaluable re- Committee on Agriculture, Nutrition, and Know Toxic Chemical Release Reporting’’ search, care, support services, and ad- Forestry. (FRL No. 9231–5) received in the Office of the EC–8344. A communication from the Direc- President of the Senate on November 29, vocacy tools for patients, caregivers, tor, National Institute of Food and Agri- 2010; to the Committee on Environment and and local organizations throughout the culture, Department of Agriculture, trans- Public Works. country. It is our intent that two na- mitting, pursuant to law, the report of a rule EC–8352. A communication from the Direc- tional organizations have representa- entitled ‘‘Establishment of New Agency; Re- tor of the Regulatory Management Division, tion on the council. vision of Delegations of Authority’’ Office of Policy, Economics, and Innovation, The threat that Alzheimer’s disease (RIN0524–AA63) received in the Office of the Environmental Protection Agency, transmit- poses to the health and wellbeing of President of the Senate on December 6, 2010; ting, pursuant to law, the report of a rule en- our Nation demands an aggressive and to the Committee on Agriculture, Nutrition, titled ‘‘Air Quality Designations for the 2008 and Forestry. Lead (Pb) National Ambient Air Quality well-coordinated response. This bill EC–8345. A communication from the Under Standards’’ (FRL No. 9230–4) received in the creates the first-ever national plan to Secretary of Defense (Acquisition, Tech- Office of the President of the Senate on No- combat Alzheimer’s and ensures that nology and Logistics), transmitting, pursu- vember 29, 2010; to the Committee on Envi- every dollar spent on the disease will ant to law, five Selected Acquisition Reports ronment and Public Works.

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.017 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8599 EC–8353. A communication from the Direc- EC–8360. A communication from the Direc- ated on a public road; to the Committee on tor of the Regulatory Management Division, tor of the Regulatory Management Division, Commerce, Science, and Transportation. Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, By Ms. CANTWELL (for herself, Mrs. Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- MURRAY, Ms. MURKOWSKI, and Mr. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- BEGICH): titled ‘‘Approval and Promulgation of Imple- titled ‘‘Approval and Promulgation of Imple- S. 4014. A bill to provide for the replace- mentation Plans; New Mexico; Interstate mentation Plans; Idaho’’ (FRL No. 9231–2) re- ment or rebuilding of a vessel for the non Transport of Pollution’’ (FRL No. 9230–3) re- ceived in the Office of the President of the American Fisheries Act trawl catcher proc- ceived in the Office of the President of the Senate on November 29, 2010; to the Com- essors that comprise the Amendment 80 Senate on November 29, 2010; to the Com- mittee on Environment and Public Works. fleet; to the Committee on Commerce, mittee on Environment and Public Works. EC–8361. A communication from the Direc- Science, and Transportation. EC–8354. A communication from the Direc- tor of the Regulatory Management Division, f tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- SUBMISSION OF CONCURRENT AND Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- SENATE RESOLUTIONS ting, pursuant to law, the report of a rule en- titled ‘‘Regulation of Fuels and Fuel Addi- titled ‘‘Approval and Promulgation of Air The following concurrent resolutions tives: 2011 Renewable Fuel Standards’’ (FRL and Senate resolutions were read, and Quality Implementation Plans; Maryland; No. 9234–6) received in the Office of the Presi- Control of Volatile Organic Compound Emis- dent of the Senate on November 30, 2010; to referred (or acted upon), as indicated: sions From Industrial Solvent Cleaning Op- the Committee on Environment and Public By Mr. MCCONNELL: erations; Withdrawal of Direct Final Rule’’ Works. S. Res. 696. A resolution making minority (FRL No. 9231–9) received in the Office of the EC–8362. A communication from the Direc- party appointments for certain committees President of the Senate on November 29, tor of the Regulatory Management Division, for the 111th Congress; considered and agreed 2010; to the Committee on Environment and Office of Policy, Economics, and Innovation, to. Public Works. Environmental Protection Agency, transmit- f EC–8355. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, titled ‘‘Mandatory Reporting of Greenhouse ADDITIONAL COSPONSORS Office of Policy, Economics, and Innovation, Gases’’ (FRL No. 9234–7) received in the Of- S. 2982 Environmental Protection Agency, transmit- fice of the President of the Senate on No- ting, pursuant to law, the report of a rule en- At the request of Mr. KERRY, the vember 30, 2010; to the Committee on Envi- name of the Senator from Delaware titled ‘‘Approval and Promulgation of Air ronment and Public Works. (Mr. COONS) was added as a cosponsor Quality Implementation Plans; Ohio; Ohio EC–8363. A communication from the Dep- Portion of the Cincinnati-Hamilton Area; 8- uty Secretary of Defense, transmitting, pur- of S. 2982, a bill to combat inter- hour Ozone Maintenance Plan’’ (FRL No. suant to law, the Department’s Office of In- national violence against women and 9232–2) received in the Office of the President spector General’s Semiannual Report for the girls. of the Senate on November 29, 2010; to the period of April 1, 2010 through September 30, S. 3039 Committee on Environment and Public 2010; to the Committee on Homeland Secu- At the request of Mr. UDALL of New Works. rity and Governmental Affairs. EC–8356. A communication from the Direc- Mexico, the name of the Senator from tor of the Regulatory Management Division, f Idaho (Mr. CRAPO) was added as a co- Office of Policy, Economics, and Innovation, REPORTS OF COMMITTEES sponsor of S. 3039, a bill to prevent Environmental Protection Agency, transmit- drunk driving injuries and fatalities, ting, pursuant to law, the report of a rule en- The following reports of committees and for other purposes. titled ‘‘Approval and Promulgation of Air were submitted: S. 3797 Quality Implementation Plans; Indiana; By Mr. LIEBERMAN, from the Committee Clean Air Interstate Rule’’ (FRL No. 9232–3) At the request of Mrs. GILLIBRAND, on Homeland Security and Governmental Af- the name of the Senator from Wash- received in the Office of the President of the fairs, with an amendment in the nature of a Senate on November 29, 2010; to the Com- substitute: ington (Mrs. MURRAY) was added as a mittee on Environment and Public Works. H.R. 2142. To require quarterly perform- cosponsor of S. 3797, a bill to amend the EC–8357. A communication from the Direc- ance assessments of Government programs Foreign Assistance Act of 1961 to pro- tor of the Regulatory Management Division, for purposes of assessing agency performance vide assistance for developing coun- Office of Policy, Economics, and Innovation, and improvement, and to establish agency Environmental Protection Agency, transmit- tries to promote quality basic edu- performance improvement officers and the ting, pursuant to law, the report of a rule en- cation and to establish the achieve- Performance Improvement Council. titled ‘‘Approval and Promulgation of Imple- ment of quality universal basic edu- By Mr. HARKIN, from the Committee on mentation Plans; Idaho’’ (FRL No. 9231–1) re- cation in all developing countries as an Health, Education, Labor, and Pensions, ceived in the Office of the President of the with an amendment in the nature of a sub- objective of United States foreign as- Senate on November 29, 2010; to the Com- stitute: sistance policy, and for other purposes. mittee on Environment and Public Works. S. 3881 EC–8358. A communication from the Direc- S. 1275. A bill to establish a National Foun- tor of the Regulatory Management Division, dation on Physical Fitness and Sports to At the request of Mr. CARDIN, the Office of Policy, Economics, and Innovation, carry out activities to support and supple- name of the Senator from Connecticut ment the mission of the President’s Council Environmental Protection Agency, transmit- (Mr. LIEBERMAN) was added as a co- on Physical Fitness and Sports. ting, pursuant to law, the report of a rule en- sponsor of S. 3881, a bill to require the titled ‘‘Approval and Promulgation of Imple- f Secretary of State to identify individ- mentation Plans; Oklahoma; State Imple- INTRODUCTION OF BILLS AND uals responsible for the detention, mentation Plan Revisions for Interstate abuse, or death of Sergei Magnitsky or Transport of Pollution, Prevention of Sig- JOINT RESOLUTIONS for the conspiracy to defraud the Rus- nificant Deterioration, Nonattainment New The following bills and joint resolu- Source Review, Source Registration and sian Federation of taxes on corporate tions were introduced, read the first profits through fraudulent transactions Emissions Reporting and Rules of Practice and second times by unanimous con- and Procedure’’ (FRL No. 9230–2) received in and lawsuits against Hermitage, and to the Office of the President of the Senate on sent, and referred as indicated: impose a visa ban and certain financial November 29, 2010; to the Committee on En- By Mr. MENENDEZ (for himself, Mr. measures with respect to such individ- vironment and Public Works. LUGAR, and Mr. LEAHY): uals, until the Russian Federation has EC–8359. A communication from the Direc- S. 4011. A bill to establish the Western tor of the Regulatory Management Division, Hemisphere Drug Policy Commission; to the thoroughly investigated the death of Office of Policy, Economics, and Innovation, Committee on Foreign Relations. Sergei Magnitsky and brought the Rus- Environmental Protection Agency, transmit- By Mr. KOHL: sian criminal justice system into com- ting, pursuant to law, the report of a rule en- S. 4012. A bill to improve the employability pliance with international legal stand- titled ‘‘Disapproval and Promulgation of Air of older Americans; to the Committee on Fi- ards, and for other purposes. Quality Implementation Plans; Indiana; Ad- nance. S. 3919 dition of Incentive for Regulatory Flexi- By Ms. KLOBUCHAR (for herself, Mr. At the request of Mr. HATCH, the bility for its Environmental Stewardship THUNE, and Ms. STABENOW): Program’’ (FRL No. 9231–8) received in the S. 4013. A bill to direct the Secretary of names of the Senator from Utah (Mr. Office of the President of the Senate on No- Transportation to promulgate a rule to im- BENNETT) and the Senator from Ari- vember 29, 2010; to the Committee on Envi- prove the daytime and nighttime visibility zona (Mr. MCCAIN) were added as co- ronment and Public Works. of agricultural equipment that may be oper- sponsors of S. 3919, a bill to remove the

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.019 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8600 CONGRESSIONAL RECORD — SENATE December 7, 2010 gray wolf from the list of threatened It’s that very concern about fishing for the remainder of the 111th Congress, or species or the list of endangered spe- safety that moved this Congress to until their successors are appointed: cies published under the Endangered pass new, more stringent fishing vessel COMMITTEE ON ARMED SERVICES: Mr. McCain, Mr. Inhofe, Mr. Sessions, Mr. Species Act of 1973, and for other pur- safety requirements through the Coast Chambliss, Mr. Graham, Mr. Thune, Mr. poses. Guard Authorization Act of 2010, which Wicker, Mr. LeMieux, Mr. Brown, Mr. Burr, S. 3978 was signed into law by President Mr. Vitter, Ms. Collins, and Mr. Kirk. At the request of Mr. JOHNSON, the Obama on October 15 of this year. COMMITTEE ON HOMELAND SECURITY name of the Senator from Oregon (Mr. Our work, though, is far from done. AND GOVERNMENTAL AFFAIRS: Ms. Col- WYDEN) was added as a cosponsor of S. The bill I am introducing today is de- lins, Mr. Coburn, Mr. Brown, Mr. McCain, 3978, a bill to ensure that home health signed to clarify an ambiguity in the Mr. Voinovich, Mr. Ensign, Mr. Graham, and Mr. Kirk. agencies can assign the most appro- law that some believe could prevent COMMITTEE ON VETERANS’ AFFAIRS: priate skilled service to make the ini- fishermen in the Washington and Alas- Mr. Burr, Mr. Isakson, Mr. Wicker, Mr. tial assessment visit for home health ka non-pollock groundfish trawl catch- Johanns, Mr. Brown, Mr. Graham, and Mr. services for Medicare beneficiaries re- er-processor fleet from replacing old, Kirk. quiring rehabilitation therapy under a unsafe vessels with new ones. The f home health plan of care, based upon North Pacific Fishery Management physician referral. Council and U.S. Department of Com- AMENDMENTS SUBMITTED AND PROPOSED S. 3984 merce are currently taking action to At the request of Mr. REED, the name promulgate regulations that would SA 4735. Mr. ALEXANDER submitted an of the Senator from Montana (Mr. allow vessel replacement in this fleet. amendment intended to be proposed by him to the bill S. 3991, to provide collective bar- TESTER) was added as a cosponsor of S. The Federal Government believes it gaining rights for public safety officers em- 3984, a bill to amend and extend the has that authority, and I agree with ployed by States or their political subdivi- Museum and Library Services Act, and that conclusion. Because of ambiguity sions; which was ordered to lie on the table. for other purposes. in the law, however, my colleagues and SA 4736. Mr. CARDIN (for himself and Ms. S. CON. RES. 63 I are introducing this legislation today MIKULSKI) submitted an amendment in- At the request of Mr. JOHNSON, the to erase any uncertainty or ambiguity tended to be proposed by him to the bill S. name of the Senator from Maine (Ms. on whether the Government has the 3454, to authorize appropriations for fiscal year 2011 for military activities of the De- COLLINS) was added as a cosponsor of S. legal authority and ability to embark partment of Defense, for military construc- Con. Res. 63, a concurrent resolution on its current course of action. Con- tion, and for defense activities of the Depart- expressing the sense of Congress that gress certainly never meant to prevent ment of Energy, to prescribe military per- Taiwan should be accorded observer the replacement of old, unsafe vessels sonnel strengths for such fiscal year, and for status in the International Civil Avia- with new or refurbished ones, and other purposes; which was ordered to lie on tion Organization (ICAO). where additional clarity is sought on the table. SA 4737. Mr. CARDIN submitted an amend- S. RES. 680 that question, Congress should provide ment intended to be proposed by him to the At the request of Mr. KERRY, the it. By adopting this bill, we can improve bill S. 3454, supra; which was ordered to lie name of the Senator from Washington on the table. (Mrs. MURRAY) was added as a cospon- fishing safety by providing the legal SA 4738. Mr. CARDIN submitted an amend- sor of S. Res. 680, a resolution sup- and financial clarity necessary for ment intended to be proposed by him to the porting international tiger conserva- these vessels to be rebuilt and replaced. bill S. 3454, supra; which was ordered to lie tion efforts and the upcoming Global In a rapidly-aging fleet that has al- on the table. Tiger Summit in St. Petersburg, Rus- ready experienced the tragedy of ships SA 4739. Mr. CARDIN submitted an amend- and men lost at sea, it is the least that ment intended to be proposed by him to the sia. bill S. 3454, supra; which was ordered to lie f we owe them—the means to prevent on the table. such tragedies from happening again in STATEMENTS ON INTRODUCED the future. f BILLS AND JOINT RESOLUTIONS Mr. President, I ask unanimous con- TEXT OF AMENDMENTS By Ms. CANTWELL (for herself, sent that the text of the bill be printed Mrs. MURRAY, Ms. MURKOWSKI, in the RECORD. SA 4735. Mr. ALEXANDER submitted and Mr. BEGICH): There being no objection, the addi- an amendment intended to be proposed S. 4014. A bill to provide for the re- tional material was ordered to be by him to the bill S. 3991, to provide placement or rebuilding of a vessel for printed in the RECORD, as follows: collective bargaining rights for public the non American Fisheries Act trawl S. 4014 safety officers employed by States or catcher processors that comprise the Be it enacted by the Senate and House of Rep- their political subdivisions; which was Amendment 80 fleet; to the Committee resentatives of the United States of America in ordered to lie on the table; as follows: on Commerce, Science, and Transpor- Congress assembled, At the appropriate place, insert the fol- tation. SECTION 1. REPLACEMENT VESSEL. lowing: Ms. CANTWELL. Mr. President, I Notwithstanding any other provision of SEC. ll. GUARANTEEING PUBLIC SAFETY AND rise today to introduce a technical cor- law, the Secretary of Commerce may pro- LOCAL CONTROL OF TAXES AND rections bill relating to the replace- mulgate regulations that allow for the re- SPENDING. ment of vessels in the Washington and placement or rebuilding of a vessel qualified Notwithstanding any State law or regula- Alaska non-pollock groundfish trawl under subsections (a)(7) and (g)(1)(A) of sec- tion issued under section 4, no collective- tion 219 of the Department of Commerce and bargaining obligation may be imposed on catcher-processor fleet. Related Agencies Appropriations Act, 2005 any political subdivision or any public safety In Washington State, our history is (Public Law 108–447; 188 Stat. 886–891). agency, and no contractual provision may be based on a rich maritime tradition that f imposed on any political subdivision or pub- contributes as much as $3 billion to the lic safety agency, if either the principal ad- State’s economy each year. There are SUBMITTED RESOLUTIONS ministrative officer of such public safety 3,000 vessels in Washington’s fishing agency, or the chief elected official of such fleet that employ 10,000 fishermen. Sea- political subdivision certifies that the obli- SENATE RESOLUTION 696—MAKING food processors employ another 3,800 gation, or any provision would be contrary MINORITY PARTY APPOINT- Washingtonians. And fish wholesalers to the best interests of public safety; or MENTS FOR CERTAIN COMMIT- would result in any increase in local taxes, employ an additional 1,000 people. TEES FOR THE 111TH CONGRESS or would result in any decrease in the level Each year thousands of fishermen of public safety or other municipal services. risk their lives on the high seas at- Mr. MCCONNELL submitted the fol- tempting to provide food for American lowing resolution; which was consid- SA 4736. Mr. CARDIN (for himself families and for the world. All too ered and agreed to: and Ms. MIKULSKI) submitted an often, however, the vessels fishermen S. RES. 696 amendment intended to be proposed by use are old, antiquated, and sometimes Resolved, That the following be the minor- him to the bill S. 3454, to authorize ap- even unsafe. ity membership on the following committees propriations for fiscal year 2011 for

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.022 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8601 military activities of the Department (2) A listing of each action proposed in the redevelopment authority in connection with of Defense, for military construction, assessment that has not been completed as the closure of the Walter Reed Army Medical and for defense activities of the De- of the date of the report, and, for each such Center as part of the 2005 round of defense partment of Energy, to prescribe mili- action, a plan to complete such action and a base closure and realignment, shall include schedule for the completion of such action. as part of the redevelopment plan for such tary personnel strengths for such fiscal (3) A description and estimate of the costs facility the complete transfer to the facility year, and for other purposes; which was of various options to ensure adequate levels of the New Beginnings Youth Development ordered to lie on the table; as follows: of antiterrorism protection and force protec- Center, operated by the Department of At the end of subtitle E of title III, add the tion for military personnel and civilians at Youth Rehabilitation Services of the Dis- following: the Joint Spectrum Center, including appro- trict of Columbia, currently located in Lau- SEC. 349. USE OF NONAPPROPRIATED FUND IN- priate adjustments of leases and the reloca- rel, Maryland. STRUMENTALITY ACTIVITIES OF tion of the functions of the Joint Spectrum (2) SECRETARY OF THE ARMY APPROVAL.— THE UNITED STATES NAVAL ACAD- Center onto a military installation. The Secretary of the Army may not accept EMY BY THE PUBLIC. (4) A certification by the Secretary of De- or approve a redevelopment plan for the Wal- (a) USE OF ACTIVITIES AUTHORIZED.—Sec- fense whether the antiterrorism and force ter Reed Army Medical Center that does not tion 6971 of title 10, United States Code, is protection measures undertaken at the Joint provide for the transfer described in para- amended— Spectrum Center, and the associated risks, graph (1). (1) by redesignating subsections (c), (d), are consistent with the levels of protection, and (e), as subsections (d), (e), and (f), respec- and associated risks, of other Department of SA 4739. Mr. CARDIN submitted an tively; and Defense personnel. amendment intended to be proposed by (2) by inserting after subsection (b) the fol- (5) A description of actions taken to imple- him to the bill S. 3454, to authorize ap- lowing new subsection (c): ment the finding of the Defense Base Closure propriations for fiscal year 2011 for ‘‘(c) USE OF ACTIVITIES BY THE PUBLIC.—(1) and Realignment Commission that increased Except as provided in paragraph (2), the Su- military value would be realized through the military activities of the Department perintendent may authorize the utilization relocation of the Joint Spectrum Center to of Defense, for military construction, by non-Department of Defense persons of the Fort Meade, Maryland, including, as applica- and for defense activities of the De- Naval Academy activities referred to in sub- ble, an explanation of the reasons such relo- partment of Energy, to prescribe mili- section (b), and any other nonappropriated cation has not occurred. tary personnel strengths for such fiscal fund instrumentalities of the Naval Acad- (6) A description of any long-term plans to year, and for other purposes; which was emy, to the extent that the utilization of relocate the Joint Spectrum Center. ordered to lie on the table; as follows: such activities or instrumentalities by such persons does not interfere with the mission SA 4738. Mr. CARDIN submitted an At the end of subtitle J of title V, add the following: of the Naval Academy. amendment intended to be proposed by ‘‘(2) A Naval academy activity or non- SEC. 594. EXTENSION OF DEADLINE FOR SUBMIS- him to the bill S. 3454, to authorize ap- SION OF FINAL REPORT OF MILI- appropriated fund instrumentality may not propriations for fiscal year 2011 for be utilized by a person under paragraph (1) TARY LEADERSHIP DIVERSITY COM- MISSION. for any fund-raising activities. military activities of the Department ‘‘(3) Any use of a Naval Academy activity of Defense, for military construction, Section 596(e)(1) of the Duncan Hunter Na- or nonappropriated fund instrumentality by and for defense activities of the De- tional Defense Authorization Act for Fiscal a person under paragraph (1) shall be on a re- partment of Energy, to prescribe mili- Year 2009 (Public Law 110–417; 122 Stat. 4478) imbursable basis.’’. is amended by striking ‘‘12 months’’ and in- tary personnel strengths for such fiscal serting ‘‘18 months’’. (b) CREDITING OF REVENUE.—Subsection (e) year, and for other purposes; which was of such section, as redesignated by sub- ordered to lie on the table; as follows: f section (a)(1) of this section, is further ORDER OF PROCEDURE amended by inserting ‘‘, including any reim- At the end of title XXVII, add the fol- bursements under subsection (c),’’ after ‘‘in lowing: Mr. REID. Mr. President, I ask unan- subsection (b)’’. SEC. 2704. TRANSFER OF NEW BEGINNINGS imous consent that on Wednesday, De- (c) CONFORMING AMENDMENT.—Subsection YOUTH DEVELOPMENT CENTER AS cember 8, upon the conclusion of the (e) of such section, as so redesignated, is fur- PART OF REDEVELOPMENT OF WAL- TER REED ARMY MEDICAL CENTER. impeachment trial, the Senate stand in ther amended by striking ‘‘subsection (c)’’ (a) FINDINGS.—Congress makes the fol- recess subject to the call of the Chair; and inserting ‘‘subsection (d)’’. lowing findings: that upon reconvening, the Senate Mr. CARDIN submitted an (1) The Walter Reed Army Medical Center then resume consideration of the mo- SA 4737. in the District of Columbia is scheduled to amendment intended to be proposed by tion to proceed to Calendar No. 661, S. close by September 15, 2011, as part of the 3991, and that the time until 12:30 p.m. him to the bill S. 3454, to authorize ap- 2005 round of defense base closure and re- propriations for fiscal year 2011 for alignment, and will be divided into three sec- be equally divided and controlled be- military activities of the Department tions for transfer out of Army control. tween the leaders or their designees; of Defense, for military construction, (2) Approximately 34 acres of the Walter that at 12:30 p.m., the Senate stand in and for defense activities of the De- Reed Army Medical Center are scheduled to recess until 3:30 p.m.; that upon recon- partment of Energy, to prescribe mili- transfer to the Government Services Admin- vening at 3:30 p.m., there be an addi- tary personnel strengths for such fiscal istration and approximately 18 acres are tional 30 minutes of debate, divided as scheduled to transfer to the Department of year, and for other purposes; which was specified above; further, that upon the State as part of the closure. use or yielding back of time, the Sen- ordered to lie on the table; as follows: (3) The remaining approximately 61 acres At the end of subtitle E of title III, add the will transfer out of Federal control via the ate proceed to vote on the motion to following: local redevelopment authority (LRA) proc- invoke cloture on the motion to pro- SEC. 349. REPORT ON ACTIONS TO ADDRESS ess. ceed to Calendar No. 661; further, if FORCE PROTECTION DEFICIENCIES (4) The District of Columbia Office of the there are back-to-back votes with re- AT THE JOINT SPECTRUM CENTER. Deputy Mayor for Economic Development is spect to the cloture motions, that (a) REPORT REQUIRED.—Not later than 90 acting as the LRA for the Walter Reed Army there be 4 minutes of debate equally di- days after the date of the enactment of this Medical Center, with all actions overseen by vided and controlled in the usual form Act, the Secretary of Defense shall submit to an LRA board consisting of public officials prior to each vote. the congressional defense committees a re- and private citizens. port on the actions taken to address (5) The District of Columbia LRA is in the The PRESIDING OFFICER. Without vulnerabilities and other force protection de- process of developing a redevelopment plan objection, it is so ordered. ficiencies identified at the Joint Spectrum that recommends how the buildings and land f Center in the Balanced Survivability and In- at the Walter Reed Army Medical Center are tegrated Vulnerability Assessment (BSIVA) to be reused. The redevelopment plan is re- EARLY HEARING DETECTION AND conducted by the Defense Threat Reduction quired to be submitted to the Army for ap- INTERVENTION ACT OF 2010 Agency in January 2010. proval by December 5, 2010. Mr. REID. Mr. President, I ask unan- (b) ELEMENTS.—The report required by sub- (b) TRANSFER OF NEW BEGINNINGS YOUTH imous consent that we now proceed to section (a) shall include the following: DEVELOPMENT CENTER.— Calendar No. 673. (1) A description of the actions taken to (1) REQUIREMENT TO INCLUDE TRANSFER AS address vulnerabilities and other force pro- PART OF REDEVELOPMENT PLAN.—Not later The PRESIDING OFFICER. The tection deficiencies identified at the Joint than December 5, 2010, the Office of Deputy clerk will report the bill by title. Spectrum Center in the assessment referred Mayor for Economic Development of the Dis- The assistant legislative clerk read to in subsection (a). trict of Columbia, in its capacity as the local as follows:

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.027 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8602 CONGRESSIONAL RECORD — SENATE December 7, 2010 A bill (S. 3199) to amend the Public Health (6) in subsection (f)— Sec. 202. Authorization of appropriations. Service Act regarding early detection, diag- (A) in paragraph (1), by striking ‘‘fiscal year Sec. 203. Reservations and allotments. nosis, and treatment of hearing loss. 2002’’ and inserting ‘‘fiscal years 2011 through Sec. 204. State plans. There being no objection, the Senate 2015’’; Sec. 205. Grants. Sec. 206. Grants, contracts, or cooperative proceeded to consider the bill, which (B) in paragraph (2), by striking ‘‘fiscal year 2002’’ and inserting ‘‘fiscal years 2011 through agreements. had been reported from the Committee 2015’’; and Sec. 207. Laura Bush 21st Century Librarian on Health, Education, Labor, and Pen- (C) in paragraph (3), by striking ‘‘fiscal year Program. sions, with an amendment to strike all 2002’’ and inserting ‘‘fiscal years 2011 through Sec. 208. Conforming amendments. after the enacting clause and insert in 2015’’. TITLE III—MUSEUM SERVICES lieu thereof the following: Mr. REID. I ask unanimous consent Sec. 301. Purpose. SECTION 1. SHORT TITLE. that the committee-reported substitute Sec. 302. Definitions. Sec. 303. Museum services activities. This Act may be cited as the ‘‘Early Hearing amendment be agreed to, the bill, as Sec. 304. Authorization of appropriations. Detection and Intervention Act of 2010’’. amended, be read a third time and SEC. 2. EARLY DETECTION, DIAGNOSIS, AND TITLE IV—REPEAL OF THE NATIONAL passed, the motion to reconsider be COMMISSION ON LIBRARIES AND IN- TREATMENT OF HEARING LOSS. laid upon the table, with no inter- Section 399M of the Public Health Service Act FORMATION SCIENCE ACT (42 U.S.C. 280g–1) is amended— vening action or debate, and any state- Sec. 401. Repeal. (1) in the section heading, by striking ‘‘IN- ments related to the bill be printed in SEC. 2. REFERENCES. FANTS’’ and inserting ‘‘NEWBORNS AND IN- the RECORD. Except as otherwise expressly provided, FANTS’’; The PRESIDING OFFICER. Without wherever in this Act an amendment or repeal (2) in subsection (a)— objection, it is so ordered. is expressed in terms of an amendment to, or (A) in the matter preceding paragraph (1), by The committee amendment in the repeal of, a section or other provision, the striking ‘‘screening, evaluation and intervention nature of a substitute was agreed to. reference shall be considered to be made to a programs and systems’’ and inserting ‘‘screen- The bill (S. 3199), as amended, was or- section or other provision of the Museum ing, evaluation, diagnosis, and intervention pro- dered to be engrossed for a third read- and Library Services Act (20 U.S.C. 9101 et grams and systems, and to assist in the recruit- seq.). ing, was read the third time, and ment, retention, education, and training of TITLE I—GENERAL PROVISIONS qualified personnel and health care providers,’’; passed. (B) by amending paragraph (1) to read as fol- SEC. 101. GENERAL DEFINITIONS. f lows: Section 202 (20 U.S.C. 9101) is amended— ‘‘(1) To develop and monitor the efficacy of MUSEUM AND LIBRARY SERVICES (1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respec- statewide programs and systems for hearing ACT OF 2010 screening of newborns and infants; prompt eval- tively; and uation and diagnosis of children referred from Mr. REID. Mr. President, I ask unan- (2) by inserting after paragraph (1) the fol- screening programs; and appropriate edu- imous consent that the Senate proceed lowing: cational, audiological, and medical interven- to Calendar No. 671. ‘‘(2) DIGITAL LITERACY SKILLS.—The term tions for children identified with hearing loss. The PRESIDING OFFICER. The ‘digital literacy skills’ means the skills asso- Early intervention includes referral to and de- ciated with using technology to enable users clerk will report the bill by title. to find, evaluate, organize, create, and com- livery of information and services by schools The assistant legislative clerk read and agencies, including community, consumer, municate information.’’. and parent-based agencies and organizations as follows: SEC. 102. RESPONSIBILITIES OF DIRECTOR. and other programs mandated by part C of the A bill (S. 3984) to amend and extend the Section 204 (20 U.S.C. 9103) is amended— Individuals with Disabilities Education Act, Museum and Library Services Act, and for (1) by striking subsection (c) and inserting which offer programs specifically designed to other purposes. the following: meet the unique language and communication There being no objection, the Senate ‘‘(c) DUTIES AND POWERS.— needs of deaf and hard of hearing newborns, in- proceeded to consider the bill. ‘‘(1) PRIMARY RESPONSIBILITY.—The Direc- tor shall have primary responsibility for the fants, toddlers, and children. Programs and sys- Mr. REID. Mr. President, I ask unan- tems under this paragraph shall establish and development and implementation of policy foster family-to-family support mechanisms that imous consent that the bill be read a to ensure the availability of museum, li- are critical in the first months after a child is third time and passed, the motion to brary, and information services adequate to identified with hearing loss.’’; and reconsider be laid upon the table, with meet the essential information, education, (C) by adding at the end the following: no intervening action or debate, and research, economic, cultural, and civic needs ‘‘(3) Other activities may include developing any statements related to the bill be of the people of the United States. efficient models to ensure that newborns and in- printed in the RECORD. ‘‘(2) DUTIES.—In carrying out the responsi- fants who are identified with a hearing loss The PRESIDING OFFICER. Without bility described in paragraph (1), the Direc- tor shall— through screening receive follow-up by a quali- objection, it is so ordered. fied health care provider, and State agencies ‘‘(A) advise the President, Congress, and shall be encouraged to adopt models that effec- The bill (S. 3984) was ordered to be other Federal agencies and offices on mu- tively increase the rate of occurrence of such engrossed for a third reading, was read seum, library, and information services in follow-up.’’; the third time, and passed, as follows: order to ensure the creation, preservation, (3) in subsection (b)(1)(A), by striking ‘‘hear- S. 3984 organization, and dissemination of knowl- edge; ing loss screening, evaluation, and intervention Be it enacted by the Senate and House of Rep- ‘‘(B) engage Federal, State, and local gov- programs’’ and inserting ‘‘hearing loss screen- resentatives of the United States of America in ernmental agencies and private entities in ing, evaluation, diagnosis, and intervention pro- Congress assembled, grams’’; assessing the museum, library, and informa- (4) in paragraphs (2) and (3) of subsection (c), SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion services needs of the people of the by striking the term ‘‘hearing screening, evalua- (a) SHORT TITLE.—This Act may be cited as United States, and coordinate the develop- tion and intervention programs’’ each place the ‘‘Museum and Library Services Act of ment of plans, policies, and activities to such term appears and inserting ‘‘hearing 2010’’. meet such needs effectively; screening, evaluation, diagnosis, and interven- (b) TABLE OF CONTENTS.—The table of con- ‘‘(C) carry out programs of research and tion programs’’; tents for this Act is as follows: development, data collection, and financial (5) in subsection (e)— Sec. 1. Short title; table of contents. assistance to extend and improve the mu- (A) in paragraph (3), by striking ‘‘ensuring Sec. 2. References. seum, library, and information services of that families of the child’’ and all that follows TITLE I—GENERAL PROVISIONS the people of the United States; and and inserting ‘‘ensuring that families of the ‘‘(D) ensure that museum, library, and in- Sec. 101. General definitions. child are provided comprehensive, consumer-ori- formation services are fully integrated into Sec. 102. Responsibilities of Director. ented information about the full range of family the information and education infrastruc- Sec. 103. Personnel. support, training, information services, and lan- tures of the United States.’’; Sec. 104. Board. guage and communication options and are given (2) by redesignating subsections (f) and (g) Sec. 105. Awards and medals. the opportunity to consider and obtain the full as subsections (h) and (i), respectively; and Sec. 106. Research and analysis. range of such appropriate services, educational (3) by striking subsection (e) and inserting Sec. 107. Hearings. and program placements, and other options for the following: Sec. 108. Administrative funds. their child from highly qualified providers.’’; ‘‘(e) INTERAGENCY AGREEMENTS.—The Di- and TITLE II—LIBRARY SERVICES AND rector may— (B) in paragraph (6), by striking ‘‘, after re- TECHNOLOGY ‘‘(1) enter into interagency agreements to screening,’’; and Sec. 201. Purposes. promote or assist with the museum, library,

VerDate Mar 15 2010 02:56 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G07DE6.051 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8603 and information services-related activities of that exceeds the rate described in clause (i) ducted in ongoing collaboration (as deter- other Federal agencies, on either a reimburs- but does not exceed the rate of basic pay in mined appropriate by the Director), and in able or non-reimbursable basis; and effect for positions at level IV of the Execu- consultation, with— ‘‘(2) use funds appropriated under this Act tive Schedule under section 5315 of title 5, ‘‘(1) State library administrative agencies; for the costs of such activities. United States Code.’’; and ‘‘(2) national, State, and regional library ‘‘(f) COORDINATION.—The Director shall en- (2) by adding at the end the following: and museum organizations; and sure coordination of the policies and activi- ‘‘(d) EXPERTS AND CONSULTANTS.—The Di- ‘‘(3) other relevant agencies and organiza- ties of the Institute with the policies and ac- rector may use experts and consultants, in- tions. tivities of other agencies and offices of the cluding panels of experts, who may be em- ‘‘(c) OBJECTIVES.—The policy research, Federal Government having interest in and ployed as authorized under section 3109 of analysis, and data collection shall be used responsibilities for the improvement of mu- title 5, United States Code.’’. to— seums and libraries and information serv- SEC. 104. BOARD. ‘‘(1) identify national needs for and trends ices. Where appropriate, the Director shall Section 207 (20 U.S.C. 9105a) is amended— in museum, library, and information serv- ensure that such policies and activities are (1) in subsection (b)— ices; coordinated with— (A) in paragraph (1)— ‘‘(2) measure and report on the impact and ‘‘(1) activities under section 1251 of the Ele- (i) by striking subparagraph (D); and effectiveness of museum, library, and infor- mentary and Secondary Education Act of (ii) by redesignating subparagraphs (E) and mation services throughout the United 1965 (20 U.S.C. 6383); (F) as subparagraphs (D) and (E), respec- States, including the impact of Federal pro- ‘‘(2) programs and activities under the tively; grams authorized under this Act; Head Start Act (42 U.S.C. 9831 et seq.) (in- (B) in paragraph (2)— ‘‘(3) identify best practices; and cluding programs and activities under sub- (i) in the matter preceding clause (i) of ‘‘(4) develop plans to improve museum, li- paragraphs (H)(vii) and (J)(iii) of section subparagraph (A), by striking ‘‘(1)(E)’’ and brary, and information services of the United 641(d)(2) of such Act) (42 U.S.C. 9836(d)(2)); inserting ‘‘(1)(D)’’; and States and to strengthen national, State, ‘‘(3) activities under the Workforce Invest- (ii) in the matter preceding clause (i) of local, regional, and international commu- ment Act of 1998 (29 U.S.C. 2801 et seq.) (in- subparagraph (B), by striking ‘‘(1)(F)’’ and nications and cooperative networks. cluding activities under section 134(c) of inserting ‘‘(1)(E)’’; and ‘‘(d) DISSEMINATION.—Each year, the Direc- such Act) (29 U.S.C. 2864(c)); and (C) in paragraph (4)— tor shall widely disseminate, as appropriate ‘‘(4) Federal programs and activities that (i) by inserting ‘‘and’’ after ‘‘Library Serv- to accomplish the objectives under sub- increase the capacity of libraries and muse- ices,’’; and section (c), the results of the policy research, ums to act as partners in economic and com- (ii) by striking ‘‘, and the Chairman of the analysis, and data collection carried out munity development, education and re- National Commission on Library and Infor- under this section. search, improving digital literacy skills, and mation Science’’; ‘‘(e) AUTHORITY TO CONTRACT.—The Direc- disseminating health information. (2) in subsection (c)— tor is authorized— ‘‘(g) INTERAGENCY COLLABORATION.—The (A) in paragraph (1)— ‘‘(1) to enter into contracts, grants, cooper- Director shall work jointly with the individ- (i) by striking ‘‘Except as otherwise pro- ative agreements, and other arrangements uals heading relevant Federal departments vided in this subsection, each’’ and inserting with Federal agencies and other public and and agencies, including the Secretary of ‘‘Each’’; and private organizations to carry out the objec- Labor, the Secretary of Education, the Ad- (ii) by striking ‘‘(E) or (F)’’ and inserting tives under subsection (c); and ministrator of the Small Business Adminis- ‘‘(D) or (E)’’; and ‘‘(2) to publish and disseminate, in a form tration, the Chairman of the Federal Com- (B) in paragraph (2), by striking ‘‘INITIAL determined appropriate by the Director, the munications Commission, the Director of the BOARD APPOINTMENTS.—’’ and all that follows reports, findings, studies, and other mate- National Science Foundation, the Secretary through ‘‘The terms of the first members’’ rials prepared under paragraph (1). ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— of Health and Human Services, the Secretary and inserting the following: ‘‘AUTHORITY TO ‘‘(1) IN GENERAL.—There are authorized to of State, the Administrator of the Environ- ADJUST TERMS.—The terms of the members’’; mental Protection Agency, the Secretary of (3) in subsection (d)— be appropriated to carry out this section the Interior, the Secretary of Housing and (A) in paragraph (1), by striking ‘‘relating $3,500,000 for fiscal year 2011 and such sums Urban Development, the Chairman of the Na- to museum and library services, including fi- as may be necessary for each of the fiscal tional Endowment for the Arts, the Chair- nancial assistance awarded under this title’’ years 2012 through 2016. man of the National Endowment of the Hu- and inserting ‘‘relating to museum, library, ‘‘(2) AVAILABILITY OF FUNDS.—Sums appro- manities, and the Director of the Office of and information services’’; and priated under paragraph (1) for any fiscal Management and Budget, or the designees of (B) by striking paragraph (2) and inserting year shall remain available for obligation such individuals, on— the following: until expended.’’. SEC. 107. HEARINGS. ‘‘(1) initiatives, materials, or technology to ‘‘(2) NATIONAL AWARDS AND MEDALS.—The support workforce development activities Museum and Library Services Board shall Subtitle A (20 U.S.C. 9101 et seq.) is amend- undertaken by libraries; advise the Director in awarding national ed by adding at the end the following: ‘‘(2) resource and policy approaches to awards and medals under section 209.’’; and ‘‘SEC. 210B. HEARINGS. eliminate barriers to fully leveraging the (4) in subsection (i), by striking ‘‘take ‘‘The Director is authorized to conduct role of libraries and museums in supporting steps to ensure that the policies and activi- hearings at such times and places as the Di- the early learning, literacy, lifelong learn- ties of the Institute are coordinated with rector determines appropriate for carrying ing, digital literacy, workforce development, other activities of the Federal Government’’ out the purposes of this subtitle.’’. and education needs of the people of the and inserting ‘‘coordinate the development SEC. 108. ADMINISTRATIVE FUNDS. United States; and and implementation of policies and activi- Subtitle A (20 U.S.C. 9101 et seq.), as ‘‘(3) initiatives, materials, or technology to ties as described in subsections (f) and (g) of amended by section 107, is further amended support educational, cultural, historical, sci- section 204’’. by adding at the end the following: entific, environmental, and other activities SEC. 105. AWARDS AND MEDALS. ‘‘SEC. 210C. ADMINISTRATIVE FUNDS. undertaken by museums.’’. Section 209 (20 U.S.C. 9107) is amended to ‘‘Notwithstanding any other provision of SEC. 103. PERSONNEL. read as follows: this Act, the Director shall establish one ac- Section 206 (20 U.S.C. 9105) is amended— ‘‘SEC. 209. AWARDS AND MEDALS. count to be used to pay the Federal adminis- (1) by striking paragraph (2) of subsection ‘‘The Director, with the advice of the Mu- trative costs of carrying out this Act, and (b) and inserting the following: seum and Library Services Board, may annu- not more than a total of 7 percent of the ‘‘(2) NUMBER AND COMPENSATION.— ally award national awards and medals for li- funds appropriated under sections 210(f), 214, ‘‘(A) IN GENERAL.—The number of employ- brary and museum services to outstanding and 275 shall be placed in such account.’’. ees appointed and compensated under para- libraries and museums that have made sig- TITLE II—LIBRARY SERVICES AND graph (1) shall not exceed 1⁄5 of the number of nificant contributions in service to their TECHNOLOGY full-time regular or professional employees communities.’’. SEC. 201. PURPOSES. of the Institute. SEC. 106. RESEARCH AND ANALYSIS. Section 212 (20 U.S.C. 9121) is amended— ‘‘(B) RATE OF COMPENSATION.— Section 210 (20 U.S.C. 9108) is amended to (1) by striking paragraph (1) and inserting ‘‘(i) IN GENERAL.—Except as provided in read as follows: the following: clause (ii), the rate of basic compensation for ‘‘SEC. 210. POLICY RESEARCH, ANALYSIS, DATA ‘‘(1) to enhance coordination among Fed- the employees appointed and compensated COLLECTION, AND DISSEMINATION. eral programs that relate to library and in- under paragraph (1) may not exceed the rate ‘‘(a) IN GENERAL.—The Director shall annu- formation services;’’; prescribed for level GS–15 of the General ally conduct policy research, analysis, and (2) in paragraph (2), by inserting ‘‘contin- Schedule under section 5332 of title 5, United data collection to extend and improve the uous’’ after ‘‘promote’’; States Code. Nation’s museum, library, and information (3) in paragraph (3), by striking ‘‘and’’ ‘‘(ii) EXCEPTION.—The Director may ap- services. after the semicolon; point not more than 3 employees under para- ‘‘(b) REQUIREMENTS.—The policy research, (4) in paragraph (4), by striking the period graph (1) at a rate of basic compensation analysis, and data collection shall be con- at the end and inserting a semicolon; and

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.031 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE S8604 CONGRESSIONAL RECORD — SENATE December 7, 2010 (5) by adding at the end the following: nomic and community development and SEC. 207. LAURA BUSH 21ST CENTURY LIBRARIAN ‘‘(5) to promote literacy, education, and health information;’’; and PROGRAM. lifelong learning and to enhance and expand (2) in subsection (e)(2), by inserting ‘‘, in- Subtitle B (20 U.S.C. 9121 et seq.) is amend- the services and resources provided by librar- cluding through electronic means’’ before ed by adding at the end the following: ies, including those services and resources the period at the end. ‘‘CHAPTER 4—LAURA BUSH 21ST CENTURY relating to workforce development, 21st cen- LIBRARIANS SEC. 205. GRANTS. tury skills, and digital literacy skills; ‘‘SEC. 264. LAURA BUSH 21ST CENTURY LIBRAR- ‘‘(6) to enhance the skills of the current li- Section 231 (20 U.S.C. 9141) is amended— IAN PROGRAM. brary workforce and to recruit future profes- (1) in subsection (a)— ‘‘(a) PURPOSE.—It is the purpose of this sionals to the field of library and informa- (A) in paragraph (1), by inserting before chapter to develop a diverse workforce of li- tion services; the semicolon the following: ‘‘in order to brarians by— ‘‘(7) to ensure the preservation of knowl- support such individuals’ needs for edu- ‘‘(1) recruiting and educating the next gen- edge and library collections in all formats cation, lifelong learning, workforce develop- eration of librarians, including by encour- and to enable libraries to serve their commu- ment, and digital literacy skills’’; aging middle or high school students and nities during disasters; (B) in paragraph (2), by striking ‘‘elec- postsecondary students to pursue careers in ‘‘(8) to enhance the role of libraries within tronic networks;’’ and inserting ‘‘collabora- library and information science; the information infrastructure of the United tions and networks; and’’; ‘‘(2) developing faculty and library leaders, States in order to support research, edu- (C) by redesignating paragraph (2) (as including by increasing the institutional ca- cation, and innovation; and amended by subparagraph (B)) as paragraph pacity of graduate schools of library and in- ‘‘(9) to promote library services that pro- (7), and by moving such paragraph so as to formation science; and vide users with access to information appear after paragraph (6); ‘‘(3) enhancing the training and profes- through national, State, local, regional, and (D) by striking paragraph (3); sional development of librarians and the li- international collaborations and networks.’’. (E) by inserting after paragraph (1) the fol- brary workforce to meet the needs of their SEC. 202. AUTHORIZATION OF APPROPRIATIONS. lowing: communities, including those needs relating Section 214 (20 U.S.C. 9123) is amended— ‘‘(2) establishing or enhancing electronic to literacy and education, workforce devel- (a) by striking subsection (a) and inserting and other linkages and improved coordina- opment, lifelong learning, and digital lit- the following: tion among and between libraries and enti- eracy. ‘‘(a) IN GENERAL.—There are authorized to ties, as described in section 224(b)(6), for the ‘‘(b) ACTIVITIES.—From the amounts pro- be appropriated— purpose of improving the quality of and ac- vided under section 214(a)(2), the Director ‘‘(1) to carry out chapters 1, 2, and 3, cess to library and information services; may enter into arrangements, including $232,000,000 for fiscal year 2011 and such sums ‘‘(3)(A) providing training and professional grants, contracts, cooperative agreements, as may be necessary for each of the fiscal development, including continuing edu- and other forms of assistance, with libraries, years 2012 through 2016; and cation, to enhance the skills of the current library consortia and associations, institu- ‘‘(2) to carry out chapter 4, $24,500,000 for library workforce and leadership, and ad- tions of higher education (as defined in sec- fiscal year 2011 and such sums as may be nec- tion 101 of the Higher Education Act of 1965 essary for each of the fiscal years 2012 vance the delivery of library and informa- (20 U.S.C. 1001)), and other entities that the through 2016.’’; and tion services; and (b) by striking subsection (c). ‘‘(B) enhancing efforts to recruit future Director determines appropriate, for projects that further the purpose of this chapter, such SEC. 203. RESERVATIONS AND ALLOTMENTS. professionals to the field of library and infor- as projects that— Section 221(b)(3) (20 U.S.C. 9131(b)(3)) is mation services;’’; ‘‘(1) increase the number of students en- amended— (F) in paragraph (5), by striking ‘‘and’’ (1) in subparagraph (A)— after the semicolon; rolled in nationally accredited graduate li- (A) by striking ‘‘$340,000’’ and inserting (G) in paragraph (6), by striking the period brary and information science programs and ‘‘$680,000’’; and and inserting a semicolon; and preparing for careers of service in libraries; (B) by striking ‘‘$40,000’’ and inserting (H) by adding at the end the following: ‘‘(2) recruit future professionals, including ‘‘$60,000’’; ‘‘(8) carrying out other activities con- efforts to attract promising middle school, (2) by striking subparagraph (C); and sistent with the purposes set forth in section high school, or postsecondary students to (3) by redesignating subparagraph (D) as 212, as described in the State library admin- consider careers in library and information subparagraph (C). istrative agency’s plan.’’; and science; ‘‘(3) develop or enhance professional devel- SEC. 204. STATE PLANS. (2) by striking subsection (b) and inserting Section 224 (20 U.S.C. 9134) is amended— the following: opment programs for librarians and the li- brary workforce; (1) in subsection (b)— ‘‘(b) SPECIAL RULE.—Each State library ad- ‘‘(4) enhance curricula within nationally (A) by redesignating paragraphs (6) and (7) ministrative agency receiving funds under accredited graduate library and information as paragraphs (7) and (8), respectively; and this chapter may apportion the funds avail- science programs; (B) after paragraph (5), by inserting the able for the priorities described in subsection ‘‘(5) enhance doctoral education in order to following: (a) as appropriate to meet the needs of the develop faculty to educate the future genera- ‘‘(6) describe how the State library admin- individual State.’’. istrative agency will work with other State tion of library professionals and develop the agencies and offices where appropriate to co- SEC. 206. GRANTS, CONTRACTS, OR COOPERA- future generation of library leaders; and ordinate resources, programs, and activities TIVE AGREEMENTS. ‘‘(6) conduct research, including research and leverage, but not replace, the Federal Section 262(a) (20 U.S.C. 9162(a)) is amend- to support the successful recruitment and and State investment in— ed— education of the next generation of librar- ‘‘(A) elementary and secondary education, (1) by striking paragraphs (1) and (2) and ians. VALUATION.—The Director shall es- including coordination with the activities inserting the following: ‘‘(c) E tablish procedures for reviewing and evalu- within the State that are supported by a ‘‘(1) building workforce and institutional ating projects supported under this chap- grant under section 1251 of the Elementary capacity for managing the national informa- ter.’’. and Secondary Education Act of 1965 (20 tion infrastructure and serving the informa- U.S.C. 6383); tion and education needs of the public; SEC. 208. CONFORMING AMENDMENTS. ‘‘(B) early childhood education, including ‘‘(2)(A) research and demonstration The National Foundation on the Arts and coordination with— projects related to the improvement of li- the Humanities Act of 1965 (20 U.S.C. 951 et ‘‘(i) the State’s activities carried out under braries or the enhancement of library and in- seq.) is amended— subsections (b)(4) and (e)(1) of section 642 of formation services through effective and effi- (1) in section 4(a) (20 U.S.C. 953(a)), by the Head Start Act (42 U.S.C. 9837); and cient use of new technologies, including striking ‘‘Institute of Museum Services’’ and ‘‘(ii) the activities described in the State’s projects that enable library users to acquire inserting ‘‘Institute of Museum and Library strategic plan in accordance with section digital literacy skills and that make infor- Services’’; and 642B(a)(4)(B)(i) of such Act (42 U.S.C. mation resources more accessible and avail- (2) in section 9 (20 U.S.C. 958), by striking 9837b(a)(4)(B)(i)); able; and ‘‘Institute of Museum Services’’ each place ‘‘(C) workforce development, including co- ‘‘(B) dissemination of information derived the term appears and inserting ‘‘Institute of ordination with— from such projects;’’; and Museum and Library Services’’. ‘‘(i) the activities carried out by the State (2) in paragraph (3)— TITLE III—MUSEUM SERVICES workforce investment board under section (A) by striking ‘‘digitization’’ and insert- SEC. 301. PURPOSE. 111(d) of the Workforce Investment Act of ing ‘‘digitizing’’; and Section 272 (20 U.S.C. 9171) is amended— 1998 (29 U.S.C. 2821(d)); and (B) by inserting ‘‘, including the develop- (1) in paragraph (3), by inserting ‘‘through ‘‘(ii) the State’s one-stop delivery system ment of national, regional, statewide, or international, national, regional, State, and established under section 134(c) of such Act local emergency plans that would ensure the local networks and partnerships’’ after (29 U.S.C. 2864(c)); and preservation of knowledge and library collec- ‘‘services’’; ‘‘(D) other Federal programs and activities tions in the event of a disaster’’ before ‘‘; (2) in paragraph (5), by striking ‘‘and’’ that relate to library services, including eco- and’’. after the semicolon;

VerDate Mar 15 2010 02:07 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A07DE6.031 S07DEPT1 PWALKER on DSKD5P82C1PROD with SENATE December 7, 2010 CONGRESSIONAL RECORD — SENATE S8605 (3) in paragraph (6), by striking the period appropriated to the Director $38,600,000 for The PRESIDING OFFICER. Without and inserting a semicolon; and fiscal year 2011 and such sums as may be nec- objection, it is so ordered. (4) by adding at the end the following: essary for each of the fiscal years 2012 The bill (H.R. 2480) was ordered to a ‘‘(7) to encourage and support museums as through 2016.’’; third reading, was read the third time, a part of economic development and revital- (2) by striking subsection (b); ization in communities; (3) by redesignating subsection (c) as sub- and passed. ‘‘(8) to ensure museums of various types section (b); and f and sizes in diverse geographic regions of the (4) by adding at the end the following: AMENDING THE WATER RE- United States are afforded attention and ‘‘(c) FUNDING RULES.—Notwithstanding support; and any other provision of this subtitle, if the SOURCES DEVELOPMENT ACT OF ‘‘(9) to support efforts at the State level to amount appropriated under subsection (a) for 2000 leverage museum resources and maximize a fiscal year is greater than the amount ap- Mr. REID. Mr. President, I ask unan- museum services.’’. propriated under such subsection for fiscal imous consent that we proceed to H.R. SEC. 302. DEFINITIONS. year 2011 by more than $10,000,000, then an amount of not less than 30 percent but not 6184. Section 273(1) (20 U.S.C. 9172(1)) is amended The PRESIDING OFFICER. The by inserting ‘‘includes museums that have more than 50 percent of the increase in ap- tangible and digital collections and’’ after propriated funds shall be available, from the clerk will report the bill by title. ‘‘Such term’’. funds appropriated under such subsection for The assistant legislative clerk read the fiscal year, to enter into arrangements SEC. 303. MUSEUM SERVICES ACTIVITIES. as follows: under section 274 to carry out the State as- Section 274 (20 U.S.C. 9173) is amended— A bill (H.R. 6184) to amend the Water Re- sessments described in section 274(a)(4) and (1) in subsection (a)— sources Development Act of 2000 to extend to assist States in the implementation of (A) in the matter preceding paragraph (1), and modify the program allowing the Sec- such plans.’’. by inserting ‘‘, States, local governments,’’ retary of the Army to accept and expend after ‘‘with museums’’; TITLE IV—REPEAL OF THE NATIONAL funds contributed by non-Federal public en- (B) by redesignating paragraphs (5) COMMISSION ON LIBRARIES AND IN- tities to expedite the evaluation of permits, through (10) as paragraphs (6) through (11), FORMATION SCIENCE ACT and for other purposes. respectively; SEC. 401. REPEAL. There being no objection, the Senate (a) IN GENERAL.—The National Commission (C) by striking paragraphs (3) and (4) and proceeded to consider the bill. inserting the following: on Libraries and Information Science Act (20 ‘‘(3) supporting the conservation and pres- U.S.C. 1501 et seq.) is repealed. Mr. REID. Mr. President, I ask unan- ervation of museum collections, including ef- (b) TRANSFER OF FUNCTIONS.—The func- imous consent that the bill be read forts to— tions that the National Commission on Li- three times, passed, the motion to re- ‘‘(A) provide optimal conditions for stor- braries and Information Science exercised consider be laid upon the table, with no age, exhibition, and use; before the date of enactment of this Act intervening action or debate, and any shall be transferred to the Institute of Mu- ‘‘(B) prepare for and respond to disasters statements be printed in the RECORD. and emergency situations; seum and Library Services established under section 203 of the Museum and Library Serv- The PRESIDING OFFICER. Without ‘‘(C) establish endowments for conserva- objection, it is so ordered. tion; and ices Act (20 U.S.C. 9102). (c) TRANSFER AND ALLOCATION OF APPRO- ‘‘(D) train museum staff in collections The bill (H.R. 6184) was ordered to a PRIATIONS AND PERSONNEL.—The personnel care; third reading, was read the third time, and the assets, contracts, property, records, ‘‘(4) supporting efforts at the State level to and passed. and unexpended balance of appropriations, leverage museum resources, including state- authorizations, allocations, and other funds f wide assessments of museum services and employed, held, used, arising from, available needs and development of State plans to im- MAKING MINORITY PARTY to, or to be made available for the functions COMMITTEE APPOINTMENTS prove and maximize museum services and activities vested by law in the National through the State; Commission on Libraries and Information Mr. REID. Mr. President, I now ask ‘‘(5) stimulating greater collaboration, in Science shall be transferred to the Institute unanimous consent that the Senate order to share resources and strengthen com- of Museum and Library Services upon the proceed to consideration of S. Res. 696, munities, among museums and— date of enactment of this Act. ‘‘(A) libraries; which was submitted earlier today. (d) REFERENCES.—Any reference to the Na- I ask unanimous consent that the ‘‘(B) schools; tional Commission on Libraries and Informa- ‘‘(C) international, Federal, State, re- tion Science in any Federal law, Executive resolution be agreed to and the motion gional, and local agencies or organizations; Order, rule, delegation of authority, or docu- to reconsider be laid upon the table. ‘‘(D) nongovernmental organizations; and ment shall be construed to refer to the Insti- The PRESIDING OFFICER. Without ‘‘(E) other community organizations;’’; tute of Museum and Library Services when objection, it is so ordered. (D) in paragraph (6) (as redesignated by the reference regards functions transferred The resolution (S. Res. 696) was subparagraph (B)), by striking ‘‘broadcast under subsection (b). media’’ and inserting ‘‘media, including new agreed to, as follows: ways to disseminate information,’’; and f S. RES. 696 (E) in paragraph (9) (as redesignated by TRUTH IN FUR LABELING ACT OF Resolved, That the following be the minor- subparagraph (B)), by striking ‘‘at all lev- 2010 ity membership on the following committees els,’’ and inserting ‘‘, and the skills of mu- for the remainder of the 111th Congress, or seum staff, at all levels, and to support the Mr. REID. Mr. President, I ask unan- until their successors are appointed: development of the next generation of mu- imous consent that we now discharge COMMITTEE ON ARMED SERVICES: Mr. seum leaders and professionals,’’; and the Commerce Committee from further McCain, Mr. Inhofe, Mr. Sessions, Mr. (2) in subsection (c)— consideration of H.R. 2480 and have Chambliss, Mr. Graham, Mr. Thune, Mr. (A) by redesignating paragraph (2) as para- that matter now brought before the Wicker, Mr. LeMieux, Mr. Brown, Mr. Burr, graph (3); Senate for its immediate consider- Mr. Vitter, Ms. Collins, and Mr. Kirk. (B) by inserting after paragraph (1) the fol- ation. COMMITTEE ON HOMELAND SECURITY lowing: The PRESIDING OFFICER. Without AND GOVERNMENTAL AFFAIRS: Ms. Col- ‘‘(2) GRANT DISTRIBUTION.—In awarding objection, it is so ordered. The clerk lins, Mr. Coburn, Mr. Brown, Mr. McCain, grants, the Director shall take into consider- Mr. Voinovich, Mr. Ensign, Mr. Graham, and ation the equitable distribution of grants to will report the bill by title. Mr. Kirk. museums of various types and sizes and to The assistant legislative clerk read COMMITTEE ON VETERANS’ AFFAIRS: different geographic areas of the United as follows: Mr. Burr, Mr. Isakson, Mr. Wicker, Mr. States’’; and A bill (H.R. 2480) to improve the accuracy Johanns, Mr. Brown, Mr. Graham, and Mr. (C) in paragraph (2)— of fur product labeling, and for other pur- Kirk. (i) in subparagraph (A), by striking poses. f ‘‘awards’’; and There being no objection, the Senate (ii) in subparagraph (B), by striking ‘‘, but proceeded to consider the bill. ORDERS FOR WEDNESDAY, subsequent’’ and inserting ‘‘. Subsequent’’. Mr. REID. I ask unanimous consent DECEMBER 8, 2010 SEC. 304. AUTHORIZATION OF APPROPRIATIONS. that the bill be read a third time, Mr. REID. Mr. President, I ask unan- Section 275 (20 U.S.C. 9176) is amended— (1) by striking subsection (a) and inserting passed, the motion to reconsider be imous consent that when the Senate the following: laid upon the table, with no inter- completes its business today, it ad- ‘‘(a) GRANTS.—For the purpose of carrying vening action or debate, and any state- journ until 9:30 a.m. on Wednesday, De- out this subtitle, there are authorized to be ments be printed in the RECORD. cember 8; that following the prayer and

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IN HONOR OF COLONEL JOAL HONORING DR. ANTHONY DI Committee found a Speaker of the House, WOLF AND HIS SERVICE TO THE STEFANO, THE 2010 RECIPIENT former Rep. Newt Gingrich, to have engaged UNITED STATES OF AMERICA OF THE DISTINGUISHED SERVICE in ‘‘activity involving 501(c)(3) organizations AWARD FROM THE VISION CARE that was substantially motivated by partisan, SECTION OF THE AMERICAN political goals,’’ and that Mr. Gingrich’s provi- HON. ROBERT E. ANDREWS PUBLIC HEALTH ASSOCIATION sion of ‘‘material information . . . was inac- curate, incomplete, and unreliable,’’ the Com- OF NEW JERSEY HON. JOE SESTAK mittee did not vote for a resolution of censure, IN THE HOUSE OF REPRESENTATIVES OF PENNSYLVANIA but of reprimand. Mr. Gingrich was still Speak- IN THE HOUSE OF REPRESENTATIVES er in 1997 when the House approved a rep- Tuesday, December 7, 2010 Tuesday, December 7, 2010 rimand, and he continued serving as Speaker Mr. ANDREWS. Madam Speaker, I rise after he was punished. Mr. RANGEL was re- Mr. SESTAK. Madam Speaker, I rise today moved earlier this year as Chairman of the today to honor the extraordinary contributions to congratulate Dr. Anthony Di Stefano, the Ways and Means Committee well before the of Colonel Joal E. Wolf. On behalf of New Jer- 2010 recipient of the Distinguished Service Committee sent its report to the House. sey’s First Congressional District and the en- Award from the Vision Care Section of the There are many other precedents in which tire nation, I would like to thank Colonel Wolf American Public Health Association. Dr. Di the House has issued letters of reproval—a for his service and dedication. Stefano has dedicated his life to educating punishment less serious than reprimand—for Colonel Wolf was commissioned in the Ac- others, as is evident by his impressive aca- activities that can be viewed at least as seri- demic resume and his professorship at Salus tive Component Army as a Field Artillery Offi- ous as those engaged in by Mr. RANGEL, in- University in Elkins Park, Pennsylvania. Dr. Di cluding sexual transgressions, impermissible cer through ROTC scholarship at Pennsyl- Stefano recognized a need for vision care in vania State University. He graduated with a campaign solicitations, misappropriation of rural and urban areas and addressed it by campaign funds, and acceptance of personal Bachelors of Science degree in finance and serving on the Helen Keller Worldwide Medical gifts, among many others. has a Masters in Business Administration. Advisory Board. Helen Keller once said, Madam Speaker, I do not condone what Mr. After graduation, his initial military assignment ‘‘Alone we can do so little; together we can do RANGEL did, but I believe that justice requires was with the 6th Battalion, 14th Field Artillery, so much.’’ Dr. Di Stefano heeds Ms. Keller’s punishment proportionate to the offenses that 1st Armored Division, Germany as Battery Fire advice and spends countless hours working have been proved. By the standards and Direction Officer, Battery Executive Officer, for children not only in the United States, but precedents of the House, and particularly tak- Battalion S2, and Assistant Battalion S3. all across the world though his participation in ing into account that there was no personal fi- the development of international optometric Upon release from active duty in 1988, nancial gain involved, I believe a punishment educational programs. Now, because of Dr. Di of censure as proposed by the Ethics Com- Colonel Wolf entered the U.S. Army Reserves Stefano, countless children have access to the mittee is excessive. and served as Battery Commander, Battalion vision care denied to them for so long. I will therefore support, in furtherance of up- S1, and Battalion S4 in the 4th Battalion, 92nd Madam Speaker, I ask that we recognize holding the rules and standards of the House Field Artillery Regiment in Erie, Pennsylvania. and show our strong appreciation for Dr. Di of Representatives, a reprimand of Mr. RAN- Stefano and Salus University and his remark- In 1993, Colonel Wolf was recruited by the GEL. able leadership and commitment to public 308th Military Intelligence, MI, Detachment f health. based in Erie, Pennsylvania, where he sup- f RECOGNIZING THE SEATTLE ported the Africa Branch and Executive Sup- SOUNDERS FOOTBALL CLUB FOR port Office at the Defense Intelligence Agency, REPRIMANDING REP. CHARLES THEIR VICTORY IN THE 2010 U.S. DIA. While assigned, Colonel Wolf served as RANGEL OF NEW YORK OPEN CUP S3, Executive Officer, and Commander. Dur- ing his command, the unit was credited for HON. HENRY A. WAXMAN HON. ADAM SMITH OF CALIFORNIA creating the Iraqi ‘‘55 Most-Wanted’’ deck of OF WASHINGTON IN THE HOUSE OF REPRESENTATIVES cards at the beginning of Operation Iraqi Free- IN THE HOUSE OF REPRESENTATIVES dom in 2003. In 2008, Colonel Wolf assumed Tuesday, December 7, 2010 Tuesday, December 7, 2010 duties as the Commander of the 3300th Stra- Mr. WAXMAN. Madam Speaker, I rise in tegic Intelligence Group in support of the De- support of Rep. BUTTERFIELD’s motion for a Mr. SMITH of Washington. Madam Speaker, fense Counterintelligence & HUMINT Center resolution to reprimand Rep. CHARLES RANGEL I rise today to recognize the Seattle Sounders Football Club for their successful season and and the National Media Exploitation Center at of New York. their back-to-back U.S. Open Cup Champion- the Defense Intelligence Agency. I do not have any doubt about the thorough- ness of the review or the accuracy of the find- ships. Colonel Wolf participates in several civic ings of the Committee on Standards of Official The Seattle Sounders joined Major League and business organizations, and is the former conduct, nor do I doubt that Mr. RANGEL vio- Soccer as an expansion team and played their President of the French Creek Valley Chapter lated the rules of the House of Representa- inaugural match on March 19, 2009. The of the Military Officers Association of America. tives. Sounders have since been a successful team He currently resides in Conneaut Lake, Penn- I disagree, however, with the Committee’s having sold out every league match and set sylvania and is President and Proprietor of judgment that the weight of evidence in this Major League Soccer records for average at- tendance, leading the league in ticket sales. Conneaut Cellars Winery, Inc., a state of the case and the ‘‘cumulative nature of the viola- tions’’ cited in the Committee’s report warrant The Seattle Sounders have also made the art winery that produces 20,000 gallons of na- censure of Mr. RANGEL. record books by winning the Lamar Hunt U.S. tional award-winning wine. Precedent does not support the punishment Open Cup for a second consecutive time, Madam Speaker, Colonel Joal E. Wolf’s of censure—specifically, as cited in the Com- being the first Major League Soccer team and commitment to the United States must be rec- mittee report, because Mr. RANGEL’s actions the first team in 27 years to repeat as cham- ognized. I wish him the best in his future en- did not result in ‘‘any direct personal financial pions. The Seattle Sounders finished the reg- deavors and thank him for his continued serv- gain.’’ ular 2010 season with 14 wins and has lost ice and dedication to our country. There have been lesser punishments for fewer matches in their first two seasons than much more serious transgressions. When the any club in the league’s 15-year existence. A

∑ 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 Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K07DE8.001 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2066 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 record crowd of 31,311 filled Qwest Field to IN RECOGNITION OF PATHWAYS had great pleasure in working with Reb. I am witness the Seattle Sounders 2–1 victory over PA FOR 32 YEARS OF SERVICE IN proud to honor my friend and thank him for his the Columbus Crew to win the 2010 Open THE GREATER PHILADELPHIA service. Cup for the second consecutive time on Octo- AREA Reb is a second generation Californian. He ber 5, 2010. grew up in Santa Clara County. He graduated The Sounders have won the hearts of the HON. JOE SESTAK from Santa Clara High School and went on to Greater Seattle Community through their dedi- OF PENNSYLVANIA pursue an undergraduate degree from San cation and passion for the game. The players IN THE HOUSE OF REPRESENTATIVES Jose State University. He also holds a Mas- ters Degree from the University of California have been great role models for our commu- Tuesday, December 7, 2010 nity. In their ongoing commitment to the com- Santa Cruz. munity and fans, minority owner Drew Carey Mr. SESTAK. Madam Speaker, I rise to In 1968, Reb decided to settle in San Benito established The Alliance, which is the Seattle honor Pathways PA which this year celebrates County and began his career in public edu- Sounders Football Club Members Association. 32 years of service to low-income women, cation. He taught grades 6th, 7th, and 8th to children and families in the Greater Philadel- The Alliance is the only United States profes- special education students in the Hollister phia area by helping them achieve economic sional sports members association that allows School District for 32 years. He also served as independence and well-being. In these times its fans to vote on the direction and decisions adjunct faculty at Gavilan Community College of extraordinary economic hardship, this orga- of the team. The Alliance establishes true De- for 14 years teaching health education to col- nization had stood tall to better equip dis- lege students. mocracy in sports. advantaged families with the skills and tools The Seattle Sounders Football Club earned needed to succeed in the workplace and cre- While Reb retired from teaching he still had their championship through hard work, com- ate a safe and secure home. no desire to stop working. Instead he ventured into a new career in politics. He ran for County mitment, and support. Coach Sigi Schmid, This dedicated group also offers job skills Supervisor and was successfully elected to who now leads Major League Soccer in career program wherein participants receive career the San Benito County Board, District 4 on victories, leads the team of 28. Team mem- counseling, computer and job training, and job November 5, 2002. Reb was subsequently re- bers include Osvaldo Alonso, Terry Boss, placement services. For those transitioning elected to serve a second term in 2006. Dur- from temporary assistance programs to the David Estrada, Brad Evans, Alvaro Fernandez, ing his tenure he served as Chairman of the workforce, Pathways PA’s EARN Center offers Michael Fucito, Leo Gonzalez, Taylor Graham, Board in 2005 and 2010. He has also served free services and incentives to prospective Alex Horwath, Jhon Kennedy Hurtado, Patrick on various committees during the past 8 years employers and employees. In addition to offer- Ianni, Nate Jaqua, Kasey Keller, Roger including, County Supervisors Associations of ing General Adult Education and Adult GED Levesque, Tyrone Marshall, Miguel Montano, California, Local Agency Formation Commis- classes, Pathways PA is also a founding Fredy Montero, Blaise Nkufo, Pat Noonan, sion, Monterey Bay Unified Air Pollution Con- member of Families That Work, an organiza- Sanna Nyassi, Jeff Parke, James Riley, Zach trol District and the Veteran’s Park Commis- tion that offers adult literacy classes. Scott, Mike Seamon, Peter Vagenas, Tyson sion. He also served on the Hollister Hills Ad- In addition to offering support and services, Wahl, O’Brian White, and Steve Zakuani. visory Committee, National Association of Pathways PA also publishes reports on issues Counties and the following sub-committees: Madam Speaker, I ask that my colleagues important to Pennsylvanians such as Self-Suf- New County Courthouse Project Advisory to join me in congratulating the Seattle Sound- ficiency Standard for Pennsylvania, Ready to Group, Courthouse Security Project, In Home ers Football Club for their successful season Compete? Pennsylvania’s Community Col- Support Services Negotiations, Budget, Gen- and their second consecutive U.S. Open Cup leges, and Elder Economic Security Initiative eral Plan Element-Economic Development, Championship. for Pennsylvania. These reports help raise Southside Building Use, Juvenile Justice Com- awareness about issues that are imperative to mission, and the Redevelopment Agency Re- the well-being and success of working families f volving Loan Fund Board, to name a few. throughout the Greater Philadelphia region. CONGRATULATING MAURICE J. This superbly led organization provides in- It has been a pleasure working with Reb on MCDONOUGH HIGH SCHOOL RAMS valuable services to more than 6,000 dis- legislation to elevate the Pinnacles National ON THEIR VICTORY IN THE placed and disadvantaged families in South- Monument into a full fledged national park. MARYLAND 2A FOOTBALL STATE eastern Pennsylvania every year. They pro- Reb has been the Godfather behind the pro- CHAMPIONSHIP vide a prescription drug discount program, posal and every time I see him he reminds me which offers discounts of up to 85%, to help of the work that must be done. Reb has per- people who don’t have prescription drug cov- sonal connections to the lands in the Pin- HON. STENY H. HOYER erage or who take prescription drugs not cov- nacles area and understands the economic ered by their insurer. development that the park will bring to the re- OF MARYLAND The work that Pathways PA has dedicated gion. I admire his tenacity and persistence to IN THE HOUSE OF REPRESENTATIVES 32 years to is absolutely vital and ensures that continue to push for a Pinnacles National all Pennsylvanians have the opportunity to be- Park. Tuesday, December 7, 2010 come self-sufficient. I speak for all residents of Reb was a founding member of the Cali- the Seventh Congressional District of Pennsyl- fornia Blacksmith Association, which is com- Mr. HOYER. Madam Speaker, I rise to con- vania in thanking Carol Goertzel, President posed of diverse group of men and women gratulate the Maurice J. McDonough High and CEO, and the remarkable staff of Path- who have a common interest in working on School Rams from Charles County on their ways PA for their unyielding and compas- hot iron metal. The group is dedicated to victory in the Maryland 2A football State sionate dedication to helping working families keeping the art and tradition of blacksmithing championship. In the December 4 champion- in Southeastern Pennsylvania. alive. Reb is also a 32 Mason one of the high- ship game, the Rams defeated Middletown f est honors for this national an international High School by a score of 21–14 at M&T Bank freemasonry organization. Reb has many Stadium in Baltimore. IN HONOR OF REB MONACO other hobbies and I hope he uses this time to Congratulations are especially due to coach indulge in those things that he likes the most. Luke Ethington, who led an outstanding group HON. SAM FARR I know that his wife Jill, two children and grandson are all looking forward to spending of athletes to their first championship since OF CALIFORNIA more family time together. 1990, to the players, and to all of the fans. IN THE HOUSE OF REPRESENTATIVES This championship is the product of excep- Madam Speaker, on behalf of the House of tional athletes and coaches, untold hours of Tuesday, December 7, 2010 Representatives, I would like to extend our na- hard work, and the passionate support of the Mr. FARR. Madam Speaker, I rise today to tion’s deepest gratitude to Reb Monaco for all community. I’m very proud of this team, and I honor Reb Monaco, a model public servant on of his years of service. He is retiring from the congratulate all those involved in bringing the occasion of his retirement from the San board but I know that he will continue to be in- home the championship title. Benito County Board of Supervisors. I have volved in the community in other capacities.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A07DE8.002 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2067 SUPPORTING DESIGNATION OF A of the Real Dads Network—an organization of their own. The restaurant also offers their NATIONAL VETERANS HISTORY that is committed to educating, supporting and Washington-based soldiers weekly discounts, PROJECT WEEK empowering Black fathers. The Real Dads farewell events, and welcome back parties. Network received national recognition in Farrelli’s customers also have a hand in SPEECH OF Ebony magazine, June 2010 as one of the top community involvement by voting on which HON. BETTY SUTTON ten resources for dads. Additionally, Derek cause the restaurant should take up next. Re- OF OHIO serves as a spokesperson for fatherhood in cently, Farrelli’s created a campaign to fight IN THE HOUSE OF REPRESENTATIVES several ways: by appearing as a guest on diabetes by joining the Dining for Diabetes fundraiser for the Juvenile Diabetes Research Tuesday, November 30, 2010 radio such as 98.7 Kiss FM’s Open Line and Al Sharpton’s Hour of Power, as a guest on Foundation and incorporated a wholegrain Ms. SUTTON. Mr. Speaker, I rise in support the BET Special, Black Men the Truth, and as pizza to their menu named after Elliott, a reg- of H. Res. 1644. This resolution expresses a panelist at the Congressional Black Caucus ular customer who was recently diagnosed support for the designation of a National Vet- Foundation’s Annual Legislative Conference with Type 1 diabetes and who was in search erans History Project week, recognizing a truly on Fatherhood. Derek was also featured in the of a healthier dining option. The restaurant incredible program that honors our veterans. New York Daily News’ ‘‘Spotlight on Great has also raised more than $150,000 for orga- The National Veterans History project col- People,’’ and created the Daddy Daughter Val- nizations such as the Muscular Dystrophy As- lects the personal narratives and mementos of entine’s Dance, which has been adopted in sociation, Susan G. Komen Foundation, and our veterans, in order to preserve a rich his- other major cities. He contributed to the best- the local Boys and Girls Club. tory of the brave men and women who have selling book I Got Your Back: A Father and The National Restaurant Association recog- so honorably served our country. The Son Keep It Real About Love, Fatherhood, nized Farrelli’s Wood Fire Pizza in Tacoma project—administered by the American Folklife Family and Friendship, by Eddie Levert Sr. with the 2010 Restaurant Neighbor Award in Center of the Library of Congress—allows vet- and Gerald Levert with Lyah Beth leFlore and the mid-size business category. Farrelli’s erans and interested parties to register and co-directed and produced the award-winning owner Jacque Farrell was flown to Wash- acquire a free field kit to participate. documentary ‘‘Black Men on Fatherhood’’ with ington, DC, to receive the award and a $5,000 This year marks the 10th anniversary of a commentary by the late Ossie Davis. donation during a National Restaurant Asso- project that has already collected more than Derek is an active member of Alpha Phi ciation ceremony held in September 2010. Madam Speaker, I ask that my colleagues 70,000 oral histories—ensuring the preserva- Alpha Fraternity Inc. and through his works, join me in recognizing Farrelli’s Wood Fire tion of these stories for generations to come. words and actions, he is committed to edu- Pizza for receiving the 2010 Restaurant This educational project provides people of all cating, uplifting, and empowering our youth. Neighbor Award. ages the opportunity to learn an important his- His motto is ‘‘if everyone does a part, then no tory of the meanings of service, sacrifice, and one is left doing the whole thing.’’ He resides f democracy—directly from many of those who in Peekskill, NY with Maria, his loving wife, HONORING THE ACHIEVEMENTS OF have honored those values. and Jordyn and Maya, his two beautiful I am honored that so many veterans of the LOU XIONG daughters. 13th district of Ohio have shared their incred- Madam Speaker, I urge my colleagues to ible stories with me—all of which are deserv- HON. JIM COSTA join me in recognizing the achievements of ing of being shared with the world. Our sup- OF CALIFORNIA Derek Phillips. port for the National Veterans History project IN THE HOUSE OF REPRESENTATIVES will help make that happen. f Tuesday, December 7, 2010 f RECOGNIZING FARRELLI’S WOOD Mr. COSTA. Madam Speaker, I rise today to FIRE PIZZA FOR WINNING THE A TRIBUTE TO DEREK PHILLIPS recognize the achievement of Lou Xiong on NATIONAL RESTAURANT ASSO- the occasion of receiving the 2010 Milken Ed- CIATION’S 2010 RESTAURANT ucator Award from the Milken Family Founda- HON. EDOLPHUS TOWNS NEIGHBOR AWARD tion. The Milken Family Foundation’s Milken OF NEW YORK Educator Award seeks to celebrate, elevate, IN THE HOUSE OF REPRESENTATIVES HON. ADAM SMITH and activate exemplary K–12 educators and Tuesday, December 7, 2010 OF WASHINGTON has been hailed as the ‘‘Oscars of Teaching.’’ Mr. TOWNS. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES Ms. Xiong was one of 55 educators across our in recognition of Derek Phillips. Nation, and one of only three in the State of Tuesday, December 7, 2010 Derek Phillips received his Master’s Degree California, to be honored this year. in African American Studies from the State Mr. SMITH of Washington. Madam Speaker, Lou was born in Laos as the fifth of 12 chil- University at Albany, NY and later received I rise today to recognize Farrelli’s Wood Fire dren to Chong Sue Xiong and Khou Moua. In another Master’s Degree in School Building Pizza in Tacoma, Washington, for receiving 1980, Lou and her family immigrated to the Leadership from Mercy College. He completed the National Restaurant Association’s 2010 United States from Laos in search of a better his undergraduate studies at the State Univer- Restaurant Neighbor Award. life. After attending high school in the Fresno sity at New Paltz. The National Restaurant Association is a area, Lou enrolled at California State Univer- An Educator by profession, Derek taught nonprofit organization that represents thou- sity, Fresno, and graduated in 1999 with a History at Park West High School for one sands of restaurants across the nation. The Bachelors of Arts degree in Liberal Studies. year. He went on to teach Math and History Restaurant Neighbor Award was created Upon graduation, Lou joined the staff at for eight years at the New York City Public through a collaboration with the National Res- Balderas Elementary School in Fresno, Cali- School Repertory Company, a school for taurant Association and American Express to fornia, to follow her dream of becoming a ‘‘under-credited’’ high school students. While celebrate the philanthropic spirit of the res- teacher. at PSRC, he also served as the college advi- taurant industry, to raise awareness about the Over the last 11 years at Balderas Elemen- sor. Derek taught at the Eight Plus Learning restaurant industry’s contributions to local tary School, Ms. Xiong has taught a variety of Academy for region ten at Wadleigh High communities across the country, and to inspire subjects to students in the fourth, fifth and School in Harlem, NY for four years. The Eight other restaurant operators and owners to sixth grades and contributed immensely to Plus Program was a school for ‘‘at-risk’’ eighth make even greater contributions to their com- both her students and the school. In addition graders who failed to fulfill the necessary re- munities. to her teaching duties, Lou has volunteered quirements for promotion to high school. While Established in 1995, Farrelli’s has grown to her time in school site responsibilities serving at Eight Plus, he served as Math teacher, five Washington State pizzerias and the Irish- as Grade Level Chair, participating in the Dean and Site Coordinator. He also taught Inspired McNamara’s Pub & Eatery. Located Leadership Team, serving on the School Site Social Studies and Global History at the Choir near Joint Base Lewis-McChord, Farrelli’s has Building Committee and acting as Coordinator Academy in Harlem. Currently, he is an As- become a staple among soldiers and their of the Hmong New Year Celebration. Outside sistant Principal at Queens Academy High families. Farrelli’s Wood Fire Pizza gives back of the classroom, Lou has served as a Math School, a school for under-credited and over- to our troops by sending signs, uniforms, and Coach for the Fresno Unified School District, aged young people. other Farrelli’s memorabilia to soldiers sta- helping fellow teachers and assisting in cre- In addition to being an educational leader, tioned in Iraq, allowing them to transform their ating a pacing guideline program which is now Derek is the Founder and Executive Director overseas break area into a satellite Farrelli’s used throughout the district.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K07DE8.005 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2068 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 Lou has also been actively involved in Fres- comrades at arms until the time of his pass- Dickerson is grateful for her children: Brandon, no Unified School District’s Superintendent’s ing. And despite the hardships and difficulties Corey and Charisma. English Learner Task Force to ensure that lan- presented by his war injuries, Eric still man- Madam Speaker, I urge my colleagues to guage barriers do not keep students from suc- aged to attend college and graduate with a join me in recognizing the achievements of ceeding in school. Lou’s life story serves as a bachelor’s degree in accounting and a master Ms. Donna R. Dickerson. positive example for her students, dem- of arts degree in business administration, with onstrating that despite the obstacles she has honors. f had to overcome as an immigrant, anything is Eric B. Sandoval’s generosity and kindness CALLING FOR DIGNITY, COMFORT, possible with hard work and determination. are an inspiration to his family and our entire AND SUPPORT FOR HOLOCAUST The community of Fresno is very fortunate to community, and he lived his life with integrity SURVIVORS have such a dedicated individual who con- and bravery. Our nation owes him a debt of tinues to inspire students to believe they can gratitude that cannot be repaid. So I urge all SPEECH OF achieve anything. my House colleagues to join me in honoring Lou is married to her husband Shue Vue, a our community hero, Sgt. Eric B. Sandoval, for HON. HENRY A. WAXMAN civil engineer for the State of California De- his remarkable service and contributions to OF CALIFORNIA partment of Transportation. Lou and Shue Vue our country. IN THE HOUSE OF REPRESENTATIVES have three children together and hope that the f Tuesday, November 30, 2010 success they have achieved in their chosen professions provides inspiration for their chil- A TRIBUTE TO DONNA R. Mr. WAXMAN. Mr. Speaker, there are not dren to achieve their own personal success in DICKERSON many Holocaust survivors left in the world. life and give back to their communities. Each year as the number dwindles, we worry Madam Speaker, I ask my colleagues to join HON. EDOLPHUS TOWNS about how people will remember the evils of the Holocaust when there are no longer eye- me in honoring the achievement of Lou Xiong OF NEW YORK witnesses to give their personal accounts. We in the field of education as she is recognized IN THE HOUSE OF REPRESENTATIVES promote remembrance and teach tolerance. as one of a select few top educators in our Tuesday, December 7, 2010 country by the Milken Family Foundation. We fight Holocaust deniers and those who grotesquely glorify the Holocaust and deni- f Mr. TOWNS. Madam Speaker, I rise today in recognition of Ms. Donna R. Dickerson. grate the memory of the six million. HONORING OPERATION IRAQI Ms. Dickerson is the Education Director for But while we focus intently on ensuring FREEDOM SCOUT SNIPER AND the Genesis Academy, where she has worked awareness of the tragedy of the past we are SOUTH EL MONTE NATIVE USMC since 1997. The Genesis Academy is one of losing sight of a tragedy in our midst: Many SGT. ERIC B. SANDOVAL the leading after-school programs in the Holocaust survivors are living their final days Brownsville community of Brooklyn, New York. in poverty. HON. JUDY CHU The institution’s goal is to academically, so- According to the Jewish Federations of OF CALIFORNIA cially and culturally enrich the community’s North America, more than half of the 127,000 Holocaust survivors living in the United States IN THE HOUSE OF REPRESENTATIVES youth. Over the years, Ms. Dickerson has emerged as a leader in youth development, fall beneath 200 percent of the federal poverty Tuesday, December 7, 2010 implementing programs for children in the threshold, meaning they live on less than Ms. CHU. Madam Speaker, I rise today to Genesis Academy and the community at $21,660 per year. Holocaust survivors are five recognize a great loss to our community, large. times more likely to be living below the pov- United States Marine Corps Sgt. Eric B. At the age of sixteen, Ms. Dickerson took an erty line than the general senior population. Sandoval, who passed away on Nov. 12, opportunity to work at a daycare center. Fac- In Los Angeles, one in six survivors requires 2010, at the young age of 30. My heart goes ing her own childhood adversity, at this job community assistance. In the past year, the out to his wife, Sandy; his stepson, Isaiah she realized her destiny: to work with children. LA Jewish Federation has seen the number of Salcedo; his parents, Roberto and Gloria; his The joy of the classroom inspired Ms. survivors needing emergency assistance for brothers and sisters, Robert, Danny, Gabby, Dickerson to work at this daycare center for basic housing, food, medical, dental and trans- Alejandra, Jonathan and Steven; and the rest longer than she had initially intended. portation needs rise by 20 percent. of his family and friends. In 1991, a fire devastated Ms. Dickerson The vast majority of these survivors are now Born in Los Angeles, Eric spent nearly all of and her family. Within a three month span, in their 80’s and 90’s and two-thirds of them his life in South El Monte and later Covina, at- they were living in a shelter and dealing with live alone. Very few have any family support tending Dean L. Shively Middle School and the death of six family members. The situation network, which is not surprising considering later South El Monte and Pomona high became more than Ms. Dickerson could han- that so few had family that survived the war. schools. A patriot who loved his country, he dle and she had no idea where to turn next; As a result, many are forced into institutional enlisted in the United States Marine Corps adapting to this new way of life taught Ms. care because they cannot afford to receive right out of high school at just 17 years of age, Dickerson how to survive. care in their homes. and spent the next 8 years as a scout sniper, In the heart of East New York, there is a While institutionalized care settings are ben- serving in our nation’s conflict in Iraq as part place called Genesis Homes. Here, new be- eficial for many older adults, Holocaust sur- of Operation Iraqi Freedom. ginnings are possible, all you have to do is be- vivors react poorly and can be prone to emo- Within days of his arrival in Iraq, Eric’s pla- lieve and go get it. A program was offered, tional suffering and physical deterioration from toon came under attack The attack was so called T.E.P.P., where a participant would get sights, sounds and routines that may resurrect brutal that Eric was the only one of his group paid to work. Ms. Dickerson was offered a po- Holocaust experiences. Research indicates to survive, and had to undergo extensive sur- sition as a recreation aide and accepted it. that survivors, in particular, benefit tremen- gery to repair his damaged eye and ear. She worked with every age group over the dously from access to social service programs Sergeant Sandoval received numerous years, leaving a positive mark on all the chil- that allow them to age in place in their current awards and commendations for his bravery in dren she interacted with. During this time, Ms. residences. It is a solution that is both cost-ef- the face of terrible odds, including the Navy & Dickerson realized that she was a role model fective and humane. Marine Achievement Medal; Global War on and needed to always act as such. She was As one of the original sponsors of the U.S. Terrorism Expeditionary Medal; Afghanistan no longer responsible for just her own chil- Administration on Aging grant program now Campaign Medal; Global War on Terrorism dren, but for thousands of children who, at known as the Community Innovations In Aging Service Medal; Humanitarian Service Medal; times, appeared to depend on her more than In Place, I am hopeful that we can find the re- Sea Service Deployment Award; Armed their own family. sources to help these survivors in their time of Forces Expeditionary Medal; Navy Meritorious Ms. Dickerson is grateful for several impor- need. Unit Commendation; and Good Conduct tant people in her life. Her parents, for teach- I urge my colleagues to support H. Con. Medal, among others. ing her and her siblings to love one another, Res. 323 and I look forward to working with After recovering from his injuries, Sergeant respect all and treat people like they would them to achieve its goal of ensuring that all Sandoval’s undying patriotism led him to re- want to be treated. Her sisters, for always Holocaust survivors in the United States are turn to Iraq, this time as a contractor for the being there, no matter the time of day she able to live with dignity, comfort, and security government, helping to support his former called on them. Most importantly, Ms. in their remaining years.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A07DE8.005 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2069 CONGRATULATING FRENCHTOWN He fought to protect the rights of citizens to dents. During her medical school training she HISTORIC FOUNDATION religious expression and to protect children was a member of UMPA, Upstate Medical and using computers in the City library from the Paramedical Association; this minority student HON. CATHY McMORRIS RODGERS dangers of the Internet. As Mission Viejo’s organization was a precursor of the SNMA, OF WASHINGTON representative on the Orange County Vector Student National Medical Association Chapter IN THE HOUSE OF REPRESENTATIVES Control District he worked cooperatively with in Syracuse, NY. representatives of surrounding communities to Currently Sallye is Vice President of the Tuesday, December 7, 2010 protect public health. Medical and Dental Staff at Woodhull Medical Mrs. MCMORRIS RODGERS. Madam John Paul also served terms as Mayor in Center, where she has held office since 2005. Speaker, I rise today to congratulate and com- 2003 and Mayor Pro Tem in 2007. City ordi- She is section chief of Mammography and mend the Frenchtown Historic foundation for nance limits council service to 12 years, and Ultrasound at Woodhull, a position that gives their steadfast commitment to completing the John Paul completes that term having main- her an opportunity to provide excellent care to Frenchtown Historic Site designation. tained the trust of its citizens and leaving the women of all ages, regardless of their ability to Just West of the Whitman Mission National community better off for his service. pay. She educates her patients to promote Historic Site and among the rolling hills of It is with gratitude and appreciation for work self-awareness and preventive care. wheat outside of Walla Walla, the 27 acre site well done, that we commend John Paul Dr. Granberry resides in Canarsie, Brooklyn set to open on December 11, 2010 will pre- Ledesma for his public service and wish him with her husband Michael LaMont and their serve an important part of our Northwest His- well in future endeavors. two teenage sons, Akil and Jawan. She is a tory. The Frenchtown Historic Site commemo- f member of the Radiologic Society of North rates an area with rich historical heritage dat- America, the American Institute of Ultrasound A TRIBUTE TO DR. SALLYE ing back to the famous expedition of Lewis in Medicine and the New York Breast Imaging GRANBERRY and Clark in the early 1800s. Society. She attends church regularly at Frenchtown was originally established by Church of the Rock in Canarsie and is a mem- French-Canadians associated with the Hud- HON. EDOLPHUS TOWNS ber of the Schomburg Society in Harlem. She son’s Bay Company trading post at Fort Nez OF NEW YORK enjoys traveling with her family, and attending Perce along the Columbia River. My family IN THE HOUSE OF REPRESENTATIVES educational seminars. first settled on a plot of land near Walla Walla Tuesday, December 7, 2010 Madam Speaker, I urge my colleagues to and the Frenchtown Historic Site in 1853, join me in recognizing the achievements of Dr. Mr. TOWNS. Madam Speaker, I rise today shortly before the Yakima War broke out tear- Sallye Granberry. ing the farmers, natives, loggers, and pioneers in recognition of Dr. Sallye Granberry. Dr. Sallye Cranberry was born in 1958, the apart and away from their homes. This des- f ignation coincides with the 155th Anniversary first child of Yvonne Walker, a single high of the Battle of Walla Walla—the longest sus- school graduate from Nashville, Tennessee. HEALTHY, HUNGER-FREE KIDS tained battle in Northwest history. Twenty She was raised in Harlem one block north of ACT OF 2010 three years later, in 1876, the St. Rose of the Apollo Theater, and attended the Harriet Lima Mission Church and cemetery were es- Tubman School, a public elementary school SPEECH OF tablished that still exist to this day. on 127th Street. She was awarded a scholar- HON. CAROLYN B. MALONEY The Frenchtown Historical Site designation ship from the organization A Better Chance, to OF NEW YORK culminates over five years of cooperative co- attend Walden, a private school on the upper ordinated efforts by numerous local, state, and west side. This school ignited a passion in IN THE HOUSE OF REPRESENTATIVES federal parties all orchestrated by the Sallye for the sciences, and encouraged her to Wednesday, December 1, 2010 tutor fellow classmates in the anatomy lab. Frenchtown Historic Foundation, with special Mrs. MALONEY. Madam Speaker, I rise in efforts made by Daniel Clark, Sam Pambrun, She graduated from Walden in 1976 and won a scholarship to attend Northwestern Univer- support of S. 3307, the Healthy, Hunger-Free and Karen Bergevin Zohner. Kids Act, a bill that provides a historic invest- Madam Speaker, I urge all of my colleagues sity in Evanston, Illinois. She entered North- ment in the health of our nation’s children. to join me in congratulating the Frenchtown western as a biology major ready to pursue This bill will help address the severe concerns Historic Foundation for its job well done. teaching, but graduated in 1980 as a pre-med student, after volunteering at Planned Parent- of both obesity and hunger that severely im- f hood and realizing her deep interest in wom- pact them. RECOGNIZING COUNCILMAN JOHN en’s health. She attended Medical School at In my home state of New York alone, the PAUL LEDESMA FOR HIS SERV- SUNY Upstate Medical Center in Syracuse, statistics are staggering: ICE TO THE CITY OF MISSION NY, and graduated in 1984 to pursue a Radi- 32.9 percent of children in New York are VIEJO ology residency in Brooklyn, New York, at overweight or obese and New York taxpayers Maimonides Medical Center. She was Chief spend an estimated $6.1 billion on Medicaid HON. DARRELL E. ISSA Resident at Maimonides in 1989, and com- and Medicare each year to treat obesity-re- lated chronic diseases. OF CALIFORNIA pleted a Body Imaging fellowship at St. Luke’s 16.7 percent of children under 18 in New IN THE HOUSE OF REPRESENTATIVES Roosevelt Hospital in New York City in 1990. She achieved Board Certification in Diagnostic York are at-risk of being hungry. This bill will Tuesday, December 7, 2010 Radiology in 1990. She has worked at several expand access to the child nutrition programs Mr. ISSA. Madam Speaker, I rise to recog- hospitals here in Brooklyn, but has remained and fill nutrition gaps when family resources nize the exemplary service of Mission Viejo in the public hospital system at Woodhull Med- are tight. City Councilman John Paul Ledesma, who has ical Center for almost 10 years. As a Diag- 1,813,000 of New York’s children participate faithfully kept the public trust since he joined nostic Radiologist, Sallye has pursued her in- in the National School Lunch Program, NSLP, the Mission Viejo Council in 1998. terest in women’s health through the sub- each year and will receive healthier school During his 12 year tenure, John Paul distin- specialties of Mammography and Ultrasound. meals provided by the Healthy, Hunger-Free guished himself as a proponent of fiscal re- Dr. Granberry’s dedication to community Kids Act. 1,147,000 of those kids are low-in- straint and responsible public budgeting, a service started early in her life when she come children, who will benefit from better ac- fierce advocate for personal property rights joined the Junior Elks Club in Harlem. She cess to free school meals through promotion and a vocal opponent of excessive taxation. volunteered at Planned Parenthood while in of and improvements to direct certification. His efforts on behalf of the people of Mis- high school and in college. There she learned New York will receive up to $17.5 million to sion Viejo have contributed significantly to the that there was an urgent need to provide med- improve the nutrition quality of school lunches public safety and their quality of life. John Paul ical care to women, especially pregnant teens because of this bill. spearheaded the effort to make Mission Viejo and women of color. While attending North- 281,500 children in New York participate in the first city in Orange County to adopt an or- western she joined the sisterhood of Delta the Child and Adult Food Care Program and dinance requiring its employees and contrac- Sigma Theta Sorority, a community service or- will benefit from increased resources, more tors to participate in the federal E-verify sys- ganization. She was one of the founding mem- training to childcare providers to serve tem to insure that documents presented to es- bers of One Step Before, a minority student healthier meals and snacks and increased tablish employment eligibility are valid. organization composed of premedical stu- physical activity.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.008 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2070 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 The Healthy, Hunger-Free Kids Act will IN HONOR OF DONALD W. HODGES In fact, the top 1 percent of earners pay a streamline certification periods in the WIC pro- FOR 50 SUCCESSFUL YEARS AS larger share of the income tax burden than the gram and provide New York’s 514,500 partici- AN INVESTMENT BROKER AND bottom 95 percent of earners combined. And pants with better nutrition services coordina- SMALL BUSINESSMAN many of the top 1 percent are small business tion, increased opportunities for nutrition inter- owners who create jobs and stimulate the vention, and more support and counseling HON. KENNY MARCHANT economy. time. OF TEXAS The national media should give Americans the facts on taxes, not tell them what to think. New York has 110 Farm to School pro- IN THE HOUSE OF REPRESENTATIVES grams. The Healthy, Hunger-Free Kids Act Tuesday, December 7, 2010 f provides dedicated funding to help schools to Mr. MARCHANT. Madam Speaker, I rise A TRIBUTE TO MS. FRANKEE support local agriculture and provide children today to honor Donald W. Hodges, the co- COOPER with more health and nutrition education op- founder of First Dallas Securities and Hodges portunities. Capital Management and the co-manager of HON. EDOLPHUS TOWNS The Healthy, Hunger-Free Kids Act goes a Hodges Fund and Hodges Small Cap Fund. OF NEW YORK long way toward improving the nutrition of our For 50 years Don has brought financial suc- IN THE HOUSE OF REPRESENTATIVES school meals and strengthening accountability cess to investors. Along with his three chil- Tuesday, December 7, 2010 to produce healthier results for our children. dren—all of whom hold positions within his Finally, S. 3307 is fully paid for and will not company—and 36 area employees, Don has Mr. TOWNS. Madam Speaker, I rise today add to the deficit. made his business the gold standard of the in- in recognition of Ms. Frankee Cooper. vestment industry. Ms. Cooper was born on October 10, 1992, f Many people work until retirement age and in Brooklyn, New York. She is the daughter of begin to settle down. Don has only grown his two proud parents, Mary and Steven Cooper; HONORING MARK COVALL business since he reached retirement age the granddaughter of Bertha and Charlie John- over 10 years ago, by adding Hodges Small son; and holds the loving support of her moth- Cap Fund in 2007 and Blue Chip; Equity In- er’s fiance´, and future stepfather, Wilbert Tee HON. FORTNEY PETE STARK come; and Pure Contrarian funds last year. He Lawton. is the epitome of the small business men and Ms. Cooper is a very dedicated student that OF CALIFORNIA women who make up 80 percent of our na- excels at everything she puts her mind to. Ms. IN THE HOUSE OF REPRESENTATIVES tion’s job creators. Cooper attended various private schools dur- Don began working with Merrill Lynch in ing her academic career in Brooklyn: Emanuel Tuesday, December 7, 2010 1960, and in 1974 joined Rauscher Pierce Baptist Church Christian School, Saukofa Refsnes, now Dain Rauscher. In 9 years he Academy, Saint Paul’s Community Christian Mr. STARK. Madam Speaker, I join with my became President of Rauscher, and in 1981 School and Bishop Loughlin Memorial High colleague and friend DAVE CAMP (R–MI) to was named one of the top 20 brokers by Reg- School. Ms. Cooper always strived toward recognize Mr. Mark Covall, president and CEO istered Rep magazine. Six years ago he was academic excellence. Among her many ac- of the National Association of Psychiatric profiled by CNN Money, where he was noted complishments, Ms. Cooper maintained her Health Systems, NAPHS, who marks 25 years for both his outstanding business practices honor roll status throughout high school and of service with the association this year. and the financial success he has enjoyed. successfully graduated with an Advanced Re- NAPHS advocates for behavioral health and Don has worked hard to improve his com- gents Diploma. Ms. Cooper was also inducted represents provider systems that own or man- munity even beyond his businesses. One of into the National Society of High School age more than 600 psychiatric hospitals, gen- his more prominent positions is on the Foun- Scholars. eral hospital psychiatric and addiction treat- dation Board of Directors for West Texas A&M Beyond Ms. Cooper’s dedication to aca- ment units and behavioral healthcare divi- University, where he encourages students to demics, she has a clear commitment to philan- sions, residential treatment facilities, youth attend WTAMU because of the values the in- thropy. Throughout high school, she volun- services organizations, and extensive out- stitution professes. teered at food banks, nursing homes and hos- patient networks. Small businesses are a critical component pitals. In total, she donated over 100 hours of to our economy, and Don has done more than Over the course of the past quarter century, her personal time for the benefit of others. In- most to increase the size of the pie for all who Mr. Covall has worked with diligence and in- volvement in community service enabled Ms. have been associated with him for his five tegrity to bring the expertise of the associa- Cooper to realize her leadership potential; she decades in the investment business. It is for tion’s member organizations to bear on policy later became Vice President of her school’s this reason I ask all of my colleagues to join development in support of the needs of Ameri- Leadership Council and a member of her me in honoring Donald W. Hodges on this cans of all ages who experience serious men- school’s student government. She single- day. tal and addictive conditions. The longevity—of handedly managed an annual school fund- both the association (founded in 1933) and the f raiser for her high school’s sister school, St. tenure of Mr. Covall—are rare in a field that NATIONAL MEDIA SHOW BIAS ON Mary’s, in Kenya. At graduation, Ms. Cooper has seen dramatic changes over the past dec- TAXES was surprised with an honor bestowed to only ades. two seniors every year: a place on Bishop Loughlin Memorial High School’s Wall of Mr. Covall has overseen and influenced HON. LAMAR SMITH Who’s Who, an honor also bestowed upon the these changes. He has initiated and helped OF TEXAS Hon. Rudolph W. Giuliani, former Mayor of lead effective model coalitions bringing to- IN THE HOUSE OF REPRESENTATIVES New York City. gether the public and private sectors with con- Tuesday, December 7, 2010 Ms. Cooper has dreamed of becoming a sumers and families in support of landmark doctor since she was two years old. In 2007, legislation, including the Paul Wellstone Men- Mr. SMITH of Texas. Madam Speaker, the national media have framed the tax debate she was accepted into the Arthur Ashe Pro- tal Health and Addiction Equity Act. His col- gram at Downstate Medical School in Brook- laborative leadership has also moved forward from a liberal perspective. For example, the media frequently say Re- lyn, New York. This highly competitive pro- the development and implementation of the publicans favor extending tax ‘‘cuts,’’ which gram was designed to provide opportunity for first publicly reported core measures for inpa- implies lowering tax rates from their current inner-city students who exemplify outstanding tient psychiatric services, now embedded in level. academic success and show an interest in the hospital accreditation. In fact, Republicans support extending the medical field. From a pool of 5,000 applicants, We would like to take this opportunity to existing tax rates to avoid a $3.9 trillion tax in- Ms. Cooper was one of only twenty-five stu- thank Mark Covall for his leadership, dedica- crease on every taxpaying American. dents accepted into this prestigious program. tion, and advocacy through the National Asso- Furthermore, the media often say that Re- She graduated at the top of her class in 2010. ciation of Psychiatric Health Systems on be- publicans support tax cuts for the rich. How- Today, Ms. Cooper is a freshman biology half of the individuals and families throughout ever, they rarely mention that the country’s top major at Howard University in Washington, our Nation who are dealing with serious men- earners already pay a disproportionately large D.C. She is already an active member of the tal and addictive disorders. share of the nation’s taxes. Howard community; recently, Ms. Cooper was

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.010 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2071 elected President of her residence hall, the man as we offer our condolences to his family HONORING THE LONG AND DISTIN- Bethune Annex Residence. When Ms. Cooper and celebrate his memory and service to our GUISHED CAREER OF CONGRESS- graduates, she plans to continue her edu- community and California. MAN IKE SKELTON OF MISSOURI cation at Howard University Medical School. She hopes to live her dream of one day be- f HON. ROSA L. DeLAURO coming a doctor. IN HONOR OF BISHOP MARSHALL OF CONNECTICUT Madam Speaker, I urge my colleagues to S. MCGILL IN THE HOUSE OF REPRESENTATIVES join me in recognizing the achievements of Ms. Frankee Cooper. Tuesday, December 7, 2010 f HON. SANFORD D. BISHOP, JR. Ms. DELAURO. Madam Speaker, on the OF GEORGIA eve of his retirement, I rise today to honor the A TRIBUTE TO THE LIFE OF IN THE HOUSE OF REPRESENTATIVES long legislative career of a true Missouri LAWRENCE ‘‘LARRY’’ G. HUEBNER Tuesday, December 7, 2010 statesman and a close personal friend, IKE SKELTON. HON. JIM COSTA Mr. BISHOP of Georgia. Madam Speaker, in From his first day in Congress in 1977, and recognition of Kingdom Metropolitan Worship OF CALIFORNIA from the chambers of the Armed Services Center’s 15th Pastor Appreciation & Church IN THE HOUSE OF REPRESENTATIVES committee to union halls all over his home Anniversary Celebration, I rise today to honor Tuesday, December 7, 2010 state, IKE always served the people of Mis- my friend and constituent, Senior Pastor souri’s Fourth District with intelligence and Mr. COSTA. Madam Speaker, I rise today to Bishop Marshall S. McGill. conviction. I came to the House 20 years ago, pay tribute to Lawrence ‘‘Larry’’ G. Huebner Bishop McGill is the Founder and Senior he was already an institution in these halls, who passed away on November 28, 2010 at Pastor of Kingdom Metropolitan Worship Cen- and in the years since IKE has become a men- the age of 79. Larry Huebner was an extraor- tre, a non-denominational church located in tor and dear friend to me. dinary man who lived each day to the fullest Columbus, Georgia. Through Bishop McGill’s IKE, as many of you know, has always been and whose contributions to the game of tennis faithful stewardship, the church has become very fond of his fellow Missourian, Harry Tru- as a player, teacher, and advocate are un- one of the most progressive congregations in man. At the age of 17, IKE attended Truman’s matched in the community. He is survived by Columbus. inauguration, and the battle flag of the USS his wife of 56 years Gretchen, daughter Karin, He is a native of Dayton, Ohio. He was edu- Harry Truman hung in his office. And I know sons Jim and John, and five grandchildren. cated in Biblical Counseling and Pastoral Care I do not need to tell many of you, but, boy, IKE Larry Huebner graduated from Fresno High in Ohio and Alabama, respectively. In addition, could give ’em Hell! He was always a true School in 1949 and went on to attend the Uni- Bishop McGill received his Doctorate of Hu- Missouri gentleman, of course. But when the versity of California, Los Angeles, where he mane Letters. chips were down, nobody fought harder for earned a Bachelor’s Degree in Business. For over twenty years, Bishop McGill has our men and women in uniform. As chair of While attending UCLA, Larry won an NCAA been blessed with a loving wife, First Lady, the Armed Services Committee, he never for- doubles title in Men’s Tennis and was captain Pastor Teresa Y. McGill, from Huntsville, Ala- got the many sacrifices our troops make to of two Bruins National Championship teams. bama. Along with committing their lives to protect our families and our Nation. After graduating from UCLA, he joined the God, they have raised four wonderful sons, You can hear this dedication to our soldiers U.S. Navy, where he volunteered as a ship who serve in the ministry with their parents. ring out in IKE’s farewell address. As he well Chaplain and would later become a Lieutenant He is the Founder and Superintendent of reminded us, ‘‘Men and women in uniform are while stationed in Hawaii. During Larry’s serv- Kingdom Christian Academy and Preparatory not chess pieces to be moved upon a board. ice in the Navy, he played in high-level exhi- School—a school for students in grades K–12 Each and every one is irreplaceable. Issues of bition tennis matches while developing friend- with three locations in the Columbus area. He national security and war and peace are too ships that would last a lifetime. is also the Founder of Bainbridge Christian important to lose sight of the real men and After his service in the Navy, Larry returned Centre in Bainbridge, Georgia, as well as the women who answer our Nation’s call and do to Fresno, California, where he joined his fa- Overseer of Grace Church in Barcelona, the bidding of the commander-in-chief.’’ ther, Jim Sr., to manage Huebner Sports. In Spain. He also is the Founder and President That is IKE—A true statesman, and one 1963, he helped found the Fig Garden Swim of The Good Samaritan Counseling & Re- who’s always cognizant of what’s really impor- & Racquet Club, continuing his passion for the source Institute. tant. Like his hero, he has always been well- sport of tennis and giving the community a Bishop McGill is a sought-after International grounded and plain-spoken—qualities too welcoming place to enjoy the game. Larry’s Conference Speaker and Teacher. As part of often missing in this institution. IKE calls it as passion for tennis was passed on to his chil- his global ministry he has been called to Eu- he sees it, no more and no less. President dren as he won national senior parent/child rope, Ghana, India, Israel, South Africa, Spain, Truman once said that ‘‘America was built on doubles championships with all three of his and Swaziland. He is overseer of ‘‘Go Ye Na- courage, on imagination and an unbeatable children in 2003. tions’’ in Nagercoil, India, with over 200 pas- determination to do the job at hand.’’ IKE lis- In recognition of those momentous victories, tors and missionaries under his leadership and tened well, and he brought those qualities to Larry and his wife Gretchen were flown to the care. India also is home to the ‘‘Marshall this chamber in earnest for 34 years. 2004 U.S. Open in Flushing Meadows, New McGill’s Children Home,’’ an orphanage and Thank you, IKE, for your leadership and your York. It was at the 2004 U.S. Open that he school for disadvantaged and physically im- friendship. And thank you for all your hard was presented with a heavy, 10-inch-high paired children. work for the people of Missouri and for our crystal Tiffany trophy which is still displayed Locally, Bishop McGill has served as Chap- Nation. We will miss your wisdom, your good with pride at the Huebners’ home in Fresno. In lain for the City Council of Columbus. Cur- humor, and your tenacity in the coming Con- 2007, Larry and his daughter Karin played to- rently, he is the active Chaplain for the Colum- gress. And I will miss you very much. I wish gether in what would be his final competitive bus Marshal and Sheriff Departments. you, and Patty, a long and happy retirement. tournament. Larry and Karin would win the Bishop McGill possesses an incredible love f Super Senior Father-Daughter grass court title for children and young adults, a desire to help at the Longwood Cricket Club in Chestnut Hill, the needy and to empower people to reach MIDDLE CLASS TAX RELIEF OF Massachusetts. their full potential. His dedication is evident as 2010 (H.R. 4853) Larry’s health took a turn for the worse in he is often quoted as saying, ‘‘We have often May 2010 when he was diagnosed with stom- failed generations of the past because we SPEECH OF ach cancer. Despite his diagnosis, he contin- failed to educate and train up leaders qualified HON. BETTY McCOLLUM ued to give back to the game of tennis in his to carry the torch for tomorrow.’’ OF MINNESOTA final days. Two weeks before Larry had made Madam Speaker, Bishop McGill has min- IN THE HOUSE OF REPRESENTATIVES his final serve, he was giving lessons to a 10- istered on both local and global levels, striving year-old girl. It was Larry’s love for the game to improve the world for the next generation. Thursday, December 2, 2010 of tennis that bonded his family together and His spiritual guidance is an asset to our com- Ms. MCCOLLUM. Mr. Speaker, I rise in will always remain his legacy. munity and to the world and he is a constant strong support of the Middle Class Tax Relief Madam Speaker, I ask my colleagues to join reminder of what it means to be a child of Act of 2010 (HR. 4853). This important legisla- me in remembering the life of this remarkable God. tion will extend middle class tax cuts, help

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\K07DE8.009 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2072 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 spur economic growth in America, and assist For the wealthiest 3 percent of Americans, Leadership Award for Outstanding Leadership. the vast majority of Americans, many of whom I do not support extending the Bush tax cuts. She received her Bachelor’s of Arts at Ford- are struggling through a recovering economy. The cost of extending these cuts would cost ham University, majoring in African and Afri- In January 2001, when I was sworn-in as a the American taxpayer $700 billion dollars can American Studies as well as Communica- new member of Congress, President Clinton over the next 10 years. History shows that tax tions and Media Studies in 2008. was ending his second-term, and the Federal cuts for the wealthiest Americans are the Jasmine was accepted into the esteemed Government was projected to run a 10-year wrong way to strengthen the economy and do Teach for America program where she taught surplus of $5.6 trillion. During the eight years not create jobs. President Bush had the worst as a Special Education Teacher at P.S. 165 in of the Clinton administration, the U.S. econ- jobs record of any President since the Great Brownsville, Brooklyn. Jasmine currently omy created 21 million private sector jobs and Depression, actually shrinking the private sec- teaches at Geoffrey Canada’s Harlem Chil- incomes of middle-class families were rising. It tor by and losing 4.6 million American manu- dren’s Zone Promise Academy Upper Elemen- was a time of economic prosperity. Tax rates facturing jobs over eight years. At a time when tary/Middle School, where she is a Learning allowed America to grow, fully pay for the cost we have soaring budget deficits, our country Specialist teaching students with special of the Federal Government, and reduce the simply cannot afford to borrow the $700 billion needs in small groups. Jasmine loves her job national debt. These years proved that re- cost of these tax giveaways just to give the and wants to advocate for families on a larger sponsible fiscal policymaking and a strong most fortunate Americans another tax break. scale. economy were not compatible with the Repub- The passage of H.R. 4853 will help millions This year, Jasmine ran for District Leader/ lican governing ideology we see today. of middle class families all across the nation State Committeewoman in Brooklyn’s 50th As- Only weeks into my first-term, President weather the economic storm, while letting the sembly District, which covers Greenpoint, Wil- George W. Bush Republican leaders in Con- tax cuts for wealthiest Americans expire. Con- liamsburg, Fort Greene, and Clinton Hill. She gress made cutting taxes and massive in- gress has an obligation to work to sustain this ran against longtime incumbent Linda Minucci creases of federal spending their priorities. In economic recovery, help the private sector who has been serving as District Leader for 2001 and 2003, Republicans in Congress create jobs, and ensure the long-term fiscal over 26 years. Jasmine did not win the race, passed the Bush tax cuts at a cost to the fed- well-being of the Federal Government. This is but she will continue advocating for people in eral budget of $2.3 trillion. I voted against a critical time for our country and I believe we her community and advance her political ca- these tax cuts because they were fiscally irre- must work together to provide tax relief to the reer. sponsible and unnecessary. During the Bush middle class families hit hardest by the reces- Madam Speaker, I urge my colleagues to presidency, I also voted against the pre- sion. I urge my colleagues to join me in voting join me in recognizing the achievements of emptive war in Iraq and the Medicare Part D for the Middle Class Tax Relief Act of 2010. Jasmine Danielle Velazquez. giveaway to the pharmaceutical industry. f f Combined these irresponsible policies added $4 trillion to our national debt in less than 10 A TRIBUTE TO JASMINE DANIELLE HONORING BILL BANKS years. VELAZQUEZ Today, our country is slowly recovering from HON. JOHN J. DUNCAN, JR. a severe economic recession, private sector HON. EDOLPHUS TOWNS OF TENNESSEE jobs are starting to be created, and families OF NEW YORK IN THE HOUSE OF REPRESENTATIVES across America are fighting to get ahead. IN THE HOUSE OF REPRESENTATIVES Tuesday, December 7, 2010 President Obama and Democrats in Congress Tuesday, December 7, 2010 have taken aggressive actions to create and Mr. DUNCAN. Madam Speaker, I wish save jobs while preventing a second Great Mr. TOWNS. Madam Speaker, I rise today today to honor one of the most well-known Depression from crippling our economy. in recognition of Jasmine Danielle Velazquez. and respected attorneys from my district. The 2001 and 2003 Bush tax cuts are Jasmine Danielle Velazquez is a natural Bill Banks recently passed away at the age scheduled to sunset at the end of this month. born leader. Growing up in Bushwick, Brook- of 82. He practiced law in Knoxville for more Republicans included a sunset in those laws lyn in her grandmother’s three-family house, than 50 years, and I do not know another per- because exposing the real cost of making she realized at an early age the effects of eco- son who respected and honored the profes- them permanent threatened congressional nomic disparities. She saw her grandmother at sion more than Bill. support. In other words, the cost of the tax her ripe age of 70 remain a staple in the com- He graduated from the University of Ten- cuts were so fiscally unsustainable that Re- munity, making sure that the community was nessee Law School in 1950 when there were publicans were forced to allow them to expire, treated with dignity and respect by all its in- many fewer attorneys than there are today. As placing their fate in the hands of a future Con- habitants and visitors. Jasmine noticed that the legal profession grew and more law prac- gress. families were simply doing what it took to sur- tices opened, Bill became a leader among his With these tax cuts about to expire and the vive and experienced the real meaning of ‘‘it peers. federal budget in crisis, it is time for honesty takes a village to raise a child.’’ I have nothing but fond memories of him with the American people and responsible pol- That village helped Jasmine stay on a fo- from my own time as a lawyer and judge in icymaking. At a time when federal taxes are cused track. She was accepted into a special- Knoxville. the lowest share of GDP since 1950 and the ized middle school in East Harlem, Manhattan Bill’s love of the law and government was budget deficit is at $1.3 trillion, we should all East Junior High School, where she devel- not just limited to his practice. He also served have concerns about our country’s fiscal fu- oped her love of the arts and leadership, be- on the Knox County Election Commission for ture. At the same time, we have a fragile coming Vice President of the Student Body in many years and was instrumental in the tran- economy and high unemployment which is 8th grade. Jasmine went on to attend a pres- sition from paper to machine voting in Knox squeezing middle-class families. Congress has tigious Catholic school in the Bronx, Mt. St. County. hard choices to make on taxation, spending, Ursula. Catholic school was a very unique ex- He also served admirably in the Korean War and entitlements that will impact our economy, perience. Although Jasmine was not used to as an officer with the United Nations War our federal budget, and the long-term security the structure of Catholic education, she blos- Crimes Commission. His work during the war of our families. somed academically. earned him a citation for meritorious service. To protect the economy until robust job At the age of 17, Jasmine had an unex- Those who knew Bill knew a humble and growth returns, I will vote in favor of the Mid- pected life altering decision to make—she was kind man devoted to his family and faith. He dle Class Tax Relief Act of 2010 (HR. 4853), pregnant. Jasmine decided that she would not was a long-time member of Washington Pike which extends the middle-class tax cuts on become a statistic as another African Amer- United Methodist Church. taxable earnings of up to $250,000 and up to ican/Latina teen mother. She gave birth to her His community involvement included the $200,000 for individuals. Under this legislation, daughter, graduated from high school early, Knoxville Elks Lodge, where he rose to the 97 percent of American families and small and enrolled into Fordham University. rank of Exalted Ruler and Trustee. He was businesses will receive a tax cut. It includes During her tenure at Fordham, Jasmine was also an active Mason and was a member of an extension of marriage penalty relief, the incredibly active. She became the President of the Burlington Masonic Lodge, the Scottish earned income tax credit, and the $1,000 child the Black Student Union her junior year, Rite and Kerbela Temple in Knoxville. tax credit. In addition, the bill also permanently where she advocated for students’ rights. Jas- I had the privilege of knowing Bill Banks extends the reduced rates on capital gains mine was awarded the W.E.B. DuBois Award personally and considered him to be a good and dividends for middle income families. for Academic Excellence as well as the Senior friend for almost 40 years.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.017 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2073 He was one of the finest men I have ever Madam Speaker, Steven Woodside has ger-Free Kids Act. It’s a well known fact that known, and he touched thousands of people spent most of his career in public service to children in this country are not as healthy as in good and positive ways throughout his life. the people of the State of California. It is they need to be. We have a responsibility to I extend my condolences to Bill’s daughter therefore appropriate that we recognize and provide our children with the opportunity to and son, Betsy and David; four grandchildren; honor him today and wish him well in his re- lead a healthy lifestyle and this includes in- brother, John; and sister, Allene. His absence tirement. him well in his retirement. creasing their access to healthy foods. This will surely be felt in Knoxville, but Bill’s life will f bill makes historic strides toward providing nu- be celebrated as an example of one lived with tritious lunches in schools and will ensure that a dedication to what truly matters: God, family, A TRIBUTE TO MS. MARITZA we give children the opportunity to get a and community. RODRIGUEZ healthy start early in life. f Obesity is a serious threat to the health of our nation’s children. Nationally, more than 23 HONORING STEVEN M. WOODSIDE HON. EDOLPHUS TOWNS OF NEW YORK million children are obese or overweight. Over IN THE HOUSE OF REPRESENTATIVES 24 percent of children ages 2 to 5 are already HON. LYNN C. WOOLSEY overweight or obese. With obesity beginning OF CALIFORNIA Tuesday, December 7, 2010 at such an early age, it is becoming ever more IN THE HOUSE OF REPRESENTATIVES Mr. TOWNS. Madam Speaker, I rise today important to intervene early. Obese kids are increasingly likely to become obese adults and Tuesday, December 7, 2010 in recognition of Ms. Maritza Rodriguez, for her dedication to the field of education. are more susceptible to the chronic diseases Ms. WOOLSEY. Madam Speaker, I rise Since 1971, Mrs. Rodriguez has nurtured that are costing our health care system billions today, with my colleague, Congressman MIKE her neighborhood, church and community. of dollars each year. Childhood obesity is also THOMPSON, to recognize Steven M. Woodside With over thirty years of her professional and a national defense concern as more and more who is retiring after 11 years as Sonoma personal life dedicated to public service, Mrs. young adults are ineligible for military service. County Counsel. Rodriguez represents the best qualities of ex- Kids that learn healthy eating habits early in The 43-person County Counsel office, pro- cellence in education. life are likely to carry them into adulthood. vides legal services to county departments, Mrs. Rodriguez is the Supervising School Healthy eating also increases concentration more than 25 special districts, as well as to Aide at P.S. 950, The Eastwood School. She during the school day. The Healthy, Hunger- the Board of Supervisors, the Grand Jury, Ag- is tasked with overseeing school aides, a re- Free Kids Act will address the issue of child- ricultural Preservation and Open Space Dis- sponsibility she has skillfully carried out for hood by applying nutritional standards to all trict, Sonoma Marin Area Rail Transit District over ten years. In addition to this, Mrs. food sold in schools, strengthen school- (SMART), Sonoma County Water Agency Rodriguez endlessly contributes to school ini- wellness policies and improve the overall (SCWA), Sonoma County Retirement Associa- tiatives. Whenever a stage needs to be de- health of school environments for the first tion (SCERA), Local Agency Formation Com- signed for a school production, Mrs. Rodriguez time. It also streamlines the process for enroll- mission (LAFCO), and the Sonoma County is always ready and willing to assist. When the ment in the free and reduced lunch program, Transportation Authority (SCTA). school building needs to be decorated for an making it easier for low- income families to en- County Counsel attorneys regularly appear event or holiday, she takes the lead until the roll and participate in this program, ensuring in court on behalf of County departments on task is complete. Mrs. Rodriguez’s sense of that a healthy meal is provided to the children such matters as juvenile dependency cases, commitment is strong; even when a task in- who need it most. code enforcement actions, bail recovery, and volves working above and beyond her work Not only does this bill increase access and mental health competency hearings. schedule, she undertakes it without reserva- improve the quality of foods in the school During his tenure, Mr. Woodside reduced tion. Her discipline and work ethic have been lunch program, it also reauthorizes the his department’s operating costs and depend- honored by numerous awards and commenda- Women, Infants and Children (WIC) program ency on county general funds and organized tions. and makes historic reforms to the Child and the office into four practice teams, Land Use, In addition to her professionalism, Mrs. Adult Care Food Program (CACFP). The Health and Human Services, Litigation and Rodriguez has outstanding interpersonal skills; CACFP helps provide funding for meals and Justice, and Infrastructure. He encouraged his she is known for her great sense of humor snacks served to children and adults receiving staff to become involved in state-wide issues and positive attitude. According to Mrs. day care and youths participating in after- and many of his team are now recognized Rodriguez, ‘‘the most important things in life school care programs. The Healthy, Hungry- leaders and experts in child dependency aren’t things.’’ She embodies this motto by Free Kids Act includes provisions from my issues, land use and energy independence selflessly serving others and being a constant Healthy CHOICES Act that for the first time programs, endangered species and natural re- source of inspiration to those around her. will increase healthy eating and wellness in source protection. It should be noted that Mrs. Rodriguez was child care through the establishment of higher Mr. Woodside has served as a member and born in New York City, where she has spent nutrition standards for providers participating Chair of the Statewide County Litigation Co- most of her adult life, and is a product of the in CACFP. ordination Committee from 1992 through the city’s educational system. Mrs. Rodriguez has The bill will also expand after-school dinner present and in this capacity, helped coordinate been married to Mr. Daniel Rodriguez for thir- programs for at-risk children nationwide by re- the participation of California’s 58 counties in ty-one years and is the proud mother of two imbursing states for providing meals. In total, litigation of statewide significance. As Chair of children: Baron and Alexandra. She is also this will provide an additional 21 million meals the State Assessed Property Tax Committee proud to be the grandmother of her first grand- to at-risk children annually. CACFP program of the California Association of Counties, he child, Nikoleta Danielle Roussinos. administration will be streamlined, reducing was the chief negotiator on a successful billion Madam Speaker, I urge my colleagues to dollar property tax settlement action. paperwork and increasing efficiency for pro- join me in recognizing the achievements of viders. There are currently 4,435 CACFP sites His other professional affiliations include Ms. Maritza Rodriguez. serving as President and member of the in Wisconsin that serve over 22 million meals Board of Directors of the County Counsels’ f and snacks to children and adults each year. The reforms in the Healthy, Hunger-Free Kids Association of California and Adjunct Pro- HEALTHY, HUNGER-FREE KIDS Act will allow CACFP in Wisconsin to provide fessor of Law and member of the Board of ACT OF 2010 Visitors at Santa Clara University School of healthier meals to a greater number of individ- uals. Law. SPEECH OF Mr. Woodside has a dual Bachelor of Arts I urge all of my colleagues to come together degree from the University of California, Davis HON. RON KIND to put our kids first by passing this bill today. and Santa Cruz and a Juris Doctor from Uni- OF WISCONSIN The Healthy, Hunger-Free Kids Act contains versity of California at Berkeley School of Law IN THE HOUSE OF REPRESENTATIVES the most significant improvements to child nu- (Boalt Hall). Upon graduation from law school, trition programs in more than 30 years and is Wednesday, December 1, 2010 he joined the Santa Clara County Counsel’s fully paid for. We owe it to the health and well- office and eventually was named head of the Mr. KIND. Madam Speaker, I rise today in being of our children to come together today department. strong support of S. 3307, the Healthy, Hun- and do what is right, pass this bill.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A07DE8.018 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2074 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 HONORING STEVEN M. WOODSIDE PERSONAL EXPLANATION the life of Le Van Ba who passed away on Saturday, November 23rd, 2010. HON. HEATH SHULER Mr. Le and his family left Vietnam and came HON. MIKE THOMPSON OF NORTH CAROLINA to the United States in 1979, and he risked everything for a chance to live freely and pro- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES vide better opportunities for his family. IN THE HOUSE OF REPRESENTATIVES Tuesday, December 7, 2010 In 1981, Mr. Le and his family bought their Mr. SHULER. Madam Speaker, my vote on first catering truck and began serving sand- Tuesday, December 7, 2010 rollcall No. 607 on December 2, 2010 was not wiches in the community. Mr. THOMPSON of California. Madam recorded. My intention was to vote ‘‘aye’’ on In 1983, Mr. Le founded Lee’s Sandwiches Speaker, I rise today, with my colleague, Con- this measure. and today, Lee’s Sandwiches is among the top 50 largest bakeries in the U.S., employing gresswoman LYNN WOOLSEY, to recognize f thousands of workers in northern and southern Steven M. Woodside who is retiring after 11 A TRIBUTE TO MS. SHARLENE California and across the country. years as Sonoma County Counsel. BROWN He was a community leader of his Hoa Hao The 43-person County Counsel office, pro- Buddhist church and the An Giang Association vides legal services to county departments, HON. EDOLPHUS TOWNS of Northern California. more than 25 special districts, as well as to OF NEW YORK He and his family have given back to the the Board of Supervisors, the Grand Jury, Ag- IN THE HOUSE OF REPRESENTATIVES community, assisted victims of 9/11, Hurricane ricultural Preservation and Open Space Dis- Katrina, the floods in Vietnam, the South Asia Tuesday, December 7, 2010 trict, Sonoma Marin Area Rail Transit District tsunami and other local charities. (SMART), Sonoma County Water Agency Mr. TOWNS. Madam Speaker, I rise today Throughout Orange County, he made it a (SCWA), Sonoma County Retirement Associa- in recognition of Ms. Sharlene Brown. point to donate food and sponsor community tion (SCERA), Local Agency Formation Com- Ms. Brown has over eight years of profes- and nonprofit events annually. mission (LAFCO), and the Sonoma County sional experience in leadership, strategic plan- Today, I commend this man and urge my Transportation Authority (SCTA). ning, budgeting, marketing, and fundraising. colleagues to join me in recognizing Mr. Le’s She also has a strong academic record. Ms. extraordinary lifetime achievements. County Counsel attorneys regularly appear Brown received a Bachelor of Science in Or- I want to offer my sincere sympathy to his in court on behalf of County departments on ganizational Management, with distinction, and wife, Nguyen Thi Hanh, his family, friends, and such matters as juvenile dependency cases, a Masters in Organizational Leadership from loved ones. code enforcement actions, bail recovery, and Nyack College; she is a graduate of the f mental health competency hearings. YMCA of Greater New York’s Executive Lead- WILL THE WEST GIVE UP CYPRUS ership Institute and is currently pursuing a During his tenure, Mr. Woodside reduced TO PLACATE AN IRRITABLE Doctorate of Management at the University of his department’s operating costs and depend- TURKEY? ency on county general funds and organized Phoenix. the office into four practice teams, Land Use, As a leader, Ms. Brown constantly seeks in- Health and Human Services, Litigation and novative ways of promoting dynamic working HON. GUS M. BILIRAKIS Justice, and Infrastructure. He encouraged his environments, high quality service and organi- OF FLORIDA staff to become involved in state-wide issues zational growth. Ms. Brown’s accolades serve IN THE HOUSE OF REPRESENTATIVES and many of his team are now recognized as a testament to her abilities. She holds sev- Tuesday, December 7, 2010 leaden and experts in child dependency eral awards in Superior Performance from the YMCA of Greater New York, for her work at Mr. BILIRAKIS. Madam Speaker, I would issues, land use and energy independence the Bedford-Stuyvesant YMCA, is a recipient like to commend to my colleagues an article programs, endangered species and natural re- of the Black Achievers in Industry Award 2010 written by Ted Galen Carpenter, vice president source protection. and received a Proclamation from myself, con- for defense and foreign policy studies at the Mr. Woodside has served as a member and gratulating her in honor of Women’s History Cato Institute, in the Washington Times on Chair of the Statewide County Litigation Co- Month. November 19, 2010. Mr. Carpenter has written ordination Committee from 1992 through the Ms. Brown demonstrates strong commit- an excellent article, warning of the danger in present and in this capacity, helped coordinate ment to her community in addition to her lead- recent rumblings led by former British Foreign Secretary Jack Straw that Cyprus should be the participation of California’s 58 counties in ership and academic success. She served as divided into two nations. The territorial integrity litigation of statewide significance. As Chair of Advisor to the Ella McQueen Detention Cen- of Cyprus must never be sacrificed for the the State Assessed Property Tax Committee ter, Director of Rush Temple African Methodist sake of healing relations with Turkey—a move of the California Association of Counties, he Episcopal Zion Church’s Young Adult Christian Ministry; and is now the Executive Director of that would only reinforce the Turkish govern- was the chief negotiator on a successful billion ments disregard for international standards. dollar property tax settlement action. the Bronx YMCA. In her current position as Executive Director, she is developing and im- [From the Washington Times, Nov. 19, 2010] His other professional affiliations include plementing employee guidance initiatives to CARPENTER: SACRIFICING AN ISLAND serving as President and member of the enhance people’s skills for the achievement of (By Ted Galen Carpenter) Board of Directors of the County Counsels’ organizational goals. It’s no secret that relations between Tur- Association of California and Adjunct Pro- Among all of her success, let it not be for- key and its Western allies have become quite fessor of Law and member of the Board of gotten that Ms. Brown is the proud mother of testy over the past year or so regarding an Visitors at Santa Clara University School of Donald Broughton, Jr. and is excited to be a assortment of issues, including policy toward Law. 2010 Honoree of the Concerned Women of Iran and the Israeli-Palestinian dispute. Brooklyn, Inc. Western leaders are understandably eager to Mr. Woodside has a dual Bachelor of Arts heal the breach with Ankara because Turkey Degree from the University of California, Davis Madam Speaker, I urge my colleagues to is a significant regional power. Unfortu- and Santa Cruz and a Juris Doctor from Uni- join me in recognizing the achievements of nately, it seems increasingly likely that the versity of California at Berkeley School of Law Ms. Sharlene Brown. small nation of Cyprus will end up being a (Hoak Hall). Upon graduation from law school, f sacrificial pawn in that effort. he joined the Santa Clara County Counsel’s The latest indicator is an article by former LE VAN BA British Foreign Secretary Jack Straw argu- office and eventually was named head of the ing that it is time for Britain and other gov- department. ernments to consider the formal partition of HON. LORETTA SANCHEZ Cyprus, if the latest round of U.N.-brokered Madam Speaker, Steven Woodside has OF CALIFORNIA spent most of his career in public service to talks do not achieve a breakthrough. The IN THE HOUSE OF REPRESENTATIVES northern portion of Cyprus has been occu- the people of the State of California. It is Tuesday, December 7, 2010 pied by Turkish troops ever since the 1974 in- therefore appropriate that we recognize and vasion of that country. Following the inva- honor him today and wish him well in his re- Ms. LORETTA SANCHEZ of California. sion, Ankara set up a puppet government tirement. Madam Speaker, I rise today to commemorate (which is recognized only by Turkey) in the

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.021 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2075 occupied territory and brought in more than Ms. Perry was born in the Bedford HONORING STEPHEN C. DUBOIS OF 250,000 settlers from the Turkish mainland. Stuyvesant section of Brooklyn, New York. TULAROSA, NM Periodic U.N. mediation efforts have failed to resolve the division of the island. She is the mother of two sons, DaShawn and As yet, neither London nor Washington has Jah-Son. She is also the proud grandmother HON. HARRY TEAGUE embraced Mr. Straw’s proposal, but it has all of Jaylin and Jah-Son, Jr. Ms. Perry is a OF NEW MEXICO the characteristics of a prominent trial bal- woman of faith; she believes if you put God at IN THE HOUSE OF REPRESENTATIVES loon. Over the years, numerous members of the foreign policy communities in both Brit- the head of your life and Jesus at the center, Tuesday, December 7, 2010 you will not fail. ain and the United States have privately Mr. TEAGUE. Madam Speaker, I rise today toyed with the idea of imposing a formal par- Ms. Perry lives her life by one of her favorite tition. to recognize a constituent of mine that is very Going down that path would be a mis- sayings, ‘‘I have come to serve and not to be special to me and my fellow southern New take—for both practical and moral reasons. served.’’ In this spirit, she worked as a com- Mexicans. The practical consideration is that the U.S. munity activist for over thirty-five years, fought Stephen C. DuBois is a resident of and the leading EU countries already set a against decentralization of public schools and Tularosa, New Mexico. He is 89 years old and dangerous international precedent in 2008 is a veteran. But over six decades ago today, when they encouraged and then formally rec- founded Parents on the Move, a self-help or- ognized Kosovo’s unilateral declaration of ganization for homeless parents and children. Mr. DuBois was stationed in Hawaii, and he independence from Serbia. At the time, Ms. Perry also advocated for affordable hous- survived one of the worst and most cowardly NATO troops occupied Kosovo, preventing ing, education, and employment of New York attacks on our Nation in our country’s his- Belgrade from doing anything to thwart that City’s homeless population. tory—the attack on Pearl Harbor. secession. When the attack occurred, Mr. DuBois was Numerous governments warned that the In 1982, Ms. Perry saw a need that became a hospital corpsman in the Navy and was only move trampled on Serbia’s sovereignty and one of her greatest passions to date: HIV/ created a highly destabilizing precedent. 19 years old. He was in a tent when the Japa- That fear was soon realized when Russian AIDS activism. She has traveled the country to nese began their assault. A marine came into troops implemented the secession of two inform people about the health care and serv- the tent and mistaking Mr. DuBois for another restless provinces from Russia’s small neigh- ices offered to individuals living with HIV/AIDs; marine, he told him, ‘‘follow me.’’ Together, bor, the Republic of Georgia. she also advocates on behalf of individuals liv- they charged on to take control of an anti-air- Now the Western powers may be flirting craft turret. with the notion of forcibly dividing Cyprus ing with this difficult disease. In addition, it against the will of the Cypriot government should be noted that Ms. Perry is a valued po- The marine was surprised at the way and a majority of the Cypriot people. Such a litical consultant. In various capacities, she DuBois handled the weapon and asked where move would reinforce the unhealthy recent has helped elect countless elected officials at in the world he had been trained. precedents set with respect to Kosovo and Mr. DuBois answered that he had been all levels of government. Georgia—and would encourage nations and trained in Newport, which shocked the marine movements with secessionist agendas around Ms. Perry attributes her success in life to even further. He replied, ‘‘Newport? That’s the world. the Creator, first and foremost; her parents, The moral case against partitioning Cy- where the Navy gets trained!’’ prus to curry favor with Ankara is even Dolly and James; family; mentors; spiritual ad- To which Mr. DuBois could only reply, stronger. Turkey committed an act of ag- visors; and friends Father Jim Goode, Bishop ‘‘Well, that’s what I am, Navy!’’ gression when it invaded its neighbor in 1974, Albert Janiison, Carmuela Rodriguez, Annette Whether he was a Marine or in the Navy and that violation of international law is Robinson and Mama Lola. She also never for- didn’t seem to matter much after that. Working made worse by the continuing occupation gets the ancestors whose shoulders she with that marine, Mr. DuBois was able to bring and the colonization effort using Turkish down at least two Japanese planes that were settlers. That should be unacceptable behav- stands on: Baba MezeeMoyo, Queen Empress attacking Pearl Harbor. While it is difficult to ior by any country, but it is even more out- Akwcke, Thomas Faulkner, Charles Pinn and say with any certainty how many more casual- rageous coming from a NATO member and all those who have passed this way. aspirant to join the European Union. ties would have been inflicted by those two The tepid reaction over the decades by It comes as no surprise that Ms. Perry has planes, you can be sure that the gallant ac- Washington and its democratic allies to An- been recognized across the country for her tions of Mr. DuBois and his friend did save kara’s rogue conduct on the Cyprus issue is commitment to the underserved people in our lives that day. troubling. Those countries should not fur- ther reward Turkey’s aggression by making society. In summarizing her own devotion to And while we look back on that terrible day the division of Cyprus permanent. family, church and community, Ms. Perry that brought so much pain and anguish to our There are other actions the West can take would say, ‘‘If I can help somebody along the nation and its citizens, we are also reminded to help repair the fraying relationship with way, then my living would not have been in of something else that was proven that day. Turkey. In particular, the U.S. must show vain.’’ We are reminded that when placed in tough greater understanding that its policies in situations, Americans can be some pretty ex- Iraq—especially the creation of a de facto Madam Speaker, I urge my colleagues to traordinary people. independent Kurdistan in the north—create join me in recognizing the achievements of major problems for Ankara because of Tur- Stephen C. DuBois didn’t take that gun for key’s own restless Kurdish population. Like- Ms. Sharonnie M. Perry. fame or fortune, for glory or for revenge. In- wise, the push for ever tighter economic stead he did what so many of our sons and sanctions against Iran poses major economic f daughters have done over time. He did it be- and strategic dilemmas for Turkey. cause he was ordered to. He did it because it Those issues need to be addressed squarely, PERSONAL EXPLANATION was his duty. And by doing his duty, he saved and efforts should be made at least to cush- ion the adverse impact on Turkey. But it so many lives and really he saved our country. would be wrong to adopt the cynical ap- So today, I want to honor not only those proach of using Cyprus as a convenient sac- HON. ADAM H. PUTNAM brave Americans that we lost at Pearl Harbor, rificial pawn to ease overall tensions with OF FLORIDA but all of those brave Americans like Mr. Ankara. Such a move would betray impor- DuBois who protected us and our beloved tant Western values and, in the long run, IN THE HOUSE OF REPRESENTATIVES country. May God bless him and his family likely undermine important Western inter- and may God continue to bless America. ests. Tuesday, December 7, 2010 f f Mr. PUTNAM. Madam Speaker, on Thurs- PERSONAL EXPLANATION A TRIBUTE TO MS. SHARONNIE M. day, December 2, 2010, I was not present for PERRY 12 recorded votes. Had I been present, I would have voted the following way: Roll No. HON. ALCEE L. HASTINGS HON. EDOLPHUS TOWNS 596—‘‘nay’’; Roll No. 597—‘‘nay’’; Roll No. OF FLORIDA OF NEW YORK 598—‘‘yea’’; Roll No. 599—‘‘yea’’; Roll No. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES 600—‘‘yea’’; Roll No. 601—‘‘yea’’; Roll No. Tuesday, December 7, 2010 Tuesday, December 7, 2010 602—‘‘yea’’; Roll No. 603—‘‘yea’’; Roll No. Mr. HASTINGS of Florida. Madam Speaker, Mr. TOWNS. Madam Speaker, I rise today 604—‘‘nay’’; Roll No. 605—‘‘yea’’; Roll No. on December 2, 2010, I was on official leave in recognition of Ms. Sharonnie M. Perry. 606—‘‘nay’’; Roll No. 607—‘‘yea.’’ to attend to a medical matter. I was unable to

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.024 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2076 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 cast votes on the extension of the middle MGySgt. Morefield was then assigned to an within the U.S. who are inspired to violence by class tax cuts, as well as the censure of Rep- A–4 Skyhawk squadron where he served from al-Qaeda. However, due to the courage and resentative CHARLES RANGEL. However, I 1980 to 1983. During that time he made nu- effectiveness of America’s military men and strongly support extending tax cuts to the mid- merous deployments to Asia. In 1983 he re- women and America’s NATO partners, al- dle class, and would have voted favorably. On ceived an honorable discharge. Qaeda’s ability to attack U.S. citizens from in- the matter of Representative RANGEL, I would After briefly working for Lentini Aviation in side Afghanistan has been greatly diminished, have voted ‘‘yes’’ on the reprimand but ‘‘no’’ Troy, Michigan, and Lockheed Martin in Mari- if not eliminated. For this reason, I support an on the censure. etta, GA, he started his own construction com- end to full-scale combat operations and a shift f pany. to a long-term counterterrorism mission that In 1987, while still running his construction will prevent al-Qaeda from re-establishing safe RECOGNIZING THE SERVICE OF business, MGySgt. Morefield re-enlisted in the havens from which to attack the United States. CAPTAIN CARL KUWITZKY, Marine Corps Reserves as a Combat Engi- Madam Speaker, there is no doubt that al- PRESIDENT OF THE SOUTHWEST neer. He graduated the Combat Engineer Qaeda continues to pose a significant threat to AIRLINES PILOTS’ ASSOCIATION School at Camp Lejeune in 1990 as the aca- the United States and our allies. Its operatives (SWAPA) demic honor graduate. are as determined as ever to promote their In 1991, he received orders to return to brand of extremism through fear, violence, and HON. JOHN L. MICA Michigan where he continued his service as- hate. The United States must remain vigilant OF FLORIDA signment as a Marine Corps recruiter and a and resolute in the face of this serious threat. IN THE HOUSE OF REPRESENTATIVES Staff Noncommissioned Officer in Charge of f two Lansing, Michigan substations. Notably, Tuesday, December 7, 2010 A TRIBUTE TO MS. SHIRLEY M. he served at various times as both the Re- OLIVER Mr. MICA. Madam Speaker, I rise to recog- cruiter Instructor and the Operations Chief for nize the accomplishments of Captain Carl the Lansing station before his retirement this Kuwitzky, President of the Southwest Airlines June. HON. EDOLPHUS TOWNS OF NEW YORK Pilots’ Association (SWAPA). Captain Master Gunnery Sergeant Scot Morefield’s IN THE HOUSE OF REPRESENTATIVES Kuwitzky will retire as SWAPA President on personal awards include the Meritorious Serv- December 31, 2010 after serving two terms ice Medal, the Navy and Marine Corps Com- Tuesday, December 7, 2010 leading the organization which represents mendation Medal and the Navy and Marine Mr. TOWNS. Madam Speaker, I rise today Southwest Airlines’ nearly 6,000 pilots. Corps Achievement Medal with Gold Star. in recognition of Ms. Shirley M. Oliver. An Oklahoma native, Captain Kuwitzky has I am proud to rise today to celebrate this For decades, Ms. Oliver dedicated herself to been a pilot at Southwest Airlines since July, Marine’s service and commitment to our coun- the youth of the Brownsville-Ocean Hill com- 1983. Captain Kuwitzky’s distinguished service try. I ask my colleagues to join me in thanking munity of Brooklyn, New York. She was a day with SWAPA also includes time as the asso- MGySgt. Morefield for his devotion to our mu- care professional at the Love in Action Day ciation’s vice president from 2006–2008, as a tual cause of national defense and wish him Care Center, an auditory tester in the public member of the Board of Directors representing the best in his retirement. school system and a Credentialed Prevention the Phoenix and Houston Hobby Airports, and f and Intervention Specialist with the New York as Chairman of Southwest Airlines’ Scheduling City Board of Education. Her work dem- and Air Safety Committees. During his distin- ADDRESSING THE GLOBAL onstrates a clear commitment to children at all guished career at Southwest he also served THREAT OF AL-QAEDA stages of development. as a member of the negotiating and merger A proud product of the New York City Public committees during the airline’s acquisition of HON. BETTY McCOLLUM School System, Ms. Oliver has always had a Muse Air in 1986. OF MINNESOTA firm belief in education. Tasked with raising a Madam Speaker, Southwest Airlines has IN THE HOUSE OF REPRESENTATIVES young family and full-time employment, Ms. grown to become a leader of the U.S. and Oliver made time to pursue her educational Tuesday, December 7, 2010 global airline industry and has provided signifi- goals; she attained a Bachelor of Arts from the cant benefit to my home state of Florida. Cap- Ms. McCOLLUM. Madam Speaker, I rise College of New Rochelle and a Post-Graduate tain Carl Kuwitzky’s played an integral role in today to state plainly and clearly my belief that degree in Educational Psychology from Ford- this growth and the benefits it has provided to al-Qaeda and its affiliates continue to pose a ham University. Adding to her list of accom- Southwest Airlines, the traveling public, the serious threat to the United States. plishments, Ms. Oliver is a licensed Mental airline industry and the millions of Americans During a candidate forum on October 21, Health Counselor in the Brooklyn community who take to the skies each year. 2010, I was asked a question regarding U.S. and is a New York State Office of Alcoholism My colleagues, please join me in recog- policy in Afghanistan and Iraq. During my re- and Substance Abuse Services Credentialed nizing the service of Captain Kuwitzky, for we sponse, I stated that the United States went to Alcohol and Substance Abuse Trainee with are all better and safer today because of his war in Afghanistan—an action that I sup- credentialing in gambling. outstanding leadership. ported—to remove the Taliban from power Ms. Oliver was born, raised and still resides f and eliminate al-Qaeda. I also noted that top in the Brownsville community of Brooklyn, U.S. intelligence officials have stated publicly New York. She is the second child of Charles HONORING MASTER GUNNERY that al-Qaeda no longer poses a threat to the and Pat Green. Ms. Oliver grew up in a nur- SERGEANT SCOT T. MOREFIELD United States from within Afghanistan. turing environment; her parents stressed the For example, on June 27, 2010, CIA Direc- importance of education, spirituality and public HON. MIKE ROGERS tor Leon Panetta stated that fewer than 50 to service. Ms. Oliver is the proud mother of two OF MICHIGAN 100 al-Qaeda operatives remain in Afghani- children: Mr. Shon Oliver and Mrs. IN THE HOUSE OF REPRESENTATIVES stan, saying ‘‘there’s no question that the main ShakiraKee. She is also the proud grand- location of Al Qaeda is in the tribal areas of mother of four grandchildren: Kumani, Saabir, Tuesday, December 7, 2010 Pakistan.’’ According to then-National Security Sumaiyah, and KianaraKee. Mr. ROGERS of Michigan. Madam Speaker, Advisor Gen. James L. Jones on October 4, Through her membership in service organi- I rise today to pay tribute to an outstanding 2009, al-Qaeda has no bases inside Afghani- zations, Ms. Oliver makes a conscious effort Marine, Master Gunnery Sergeant Scot T. stan and ‘‘no ability to launch attacks on either to advocate on the behalf of others. Her orga- Morefield. us or our allies.’’ Unfortunately, my political nizational affiliations are extensive; she is a Master Gunnery Sergeant Morefield enlisted opponents rejected these official assessments member of the Women’s Caucus for Con- in the Marine Corps on November 9, 1978 at from America’s top national security experts gressman ED TOWNS, the N.A.A.C.P., the age 17. On June 30, 2010, he retired after 30 and chose to distort my position by taking my Community Board, the Brooksdale Hospital years of honorable service to the Marine comments out of context. Playing politics with Advisory Board and she is a Delegate for Corps, and to our country. American national security is a reckless dis- AFSCME at the annual National Convention His military career began after graduating traction. for the AFL–CIO. In addition to all this, Ms. from recruit training and infantry training The threat from al-Qaeda now emanates Oliver is the shop steward for her Local Chap- school he attended aviation structures school, from within countries such as Pakistan and ter 372 and a member of the Coalition of finishing as the academic honor graduate. Yemen, and even from would-be terrorists Black Trade Unionists.

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A07DE8.027 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS December 7, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E2077 Ms. Oliver has a philosophy that exemplifies In 1981, Ba, along with his sons Chieu and call home. By opening the door to edu- her devotion to social justice and education: Henry, began operating a mobile lunch truck cational advancement or military service, Empower those who cannot empower them- in downtown San Jose. With newfound suc- the DREAM (Development, Relief, and Edu- cation for Alien Minors) Act before Congress selves. Through career choices and organiza- cess, the business expanded to a permanent benefits those youngsters who, as children, tional memberships, Ms. Oliver is clearly dedi- Vietnamese sandwich shop, becoming the accompanied their parents to the United cated to the betterment of her community; it is very first store location of what would evolve States. But without passage of the DREAM this characteristic that marks her as a distin- into the family’s chain restaurant, Lee’s Sand- Act, these young people—who have already guished woman of education. wiches. proven themselves in our schools and com- Madam Speaker, I urge my colleagues to Ba was a prime example of the American munities—face a very uncertain future. join me in recognizing the achievements of entrepreneurial spirit. With the suggestion of The DREAM Act would grant legal status Ms. Shirley M. Oliver. his grandson to incorporate business ideas to young adults brought to the United States as undocumented immigrant children. The f from American fast food chains, Ba and his rigorous requirements under the Act ensure family expanded their food menu and opened that only contributing members of society THE 50TH PROCLAMATION FOR 30 locations in Northern and Southern Cali- THE CENTER FOR FAMILY RE- who have already proven themselves to be fornia, Texas, Arizona, and Oklahoma. With law-abiding citizens and dedicated students SOURCES hard work and perseverance, both he and his would enjoy the benefits of the Act. family have played a major role in popularizing The stringent criterion prescribed by the HON. PHIL GINGREY the Vietnamese sandwich, ba´nh mı`, and other DREAM Act ensures that the floodgates to illegal immigration will remain closed. In- OF GEORGIA Vietnamese food in mainstream American stead, the Act addresses the issue of young, IN THE HOUSE OF REPRESENTATIVES food consciousness. undocumented children who have grown up Tuesday, December 7, 2010 Not only did Ba establish a thriving res- in this country and excelled in school. As taurant specializing in Vietnamese cuisine, he Mr. GINGREY of Georgia. Madam Speaker, they seek to enlist in the military or con- and his family’s small business became the tinue their education and launch their ca- I rise today in honor of the 50th anniversary of first chain restaurant to serve the needs of the reers, these motivated pro-American young- The Center for Family Resources. Founded in Vietnamese American community. sters continue to run into unreasonable 1960, founders Fred Bentley, Sr., Howard Madam Speaker, Ba Van Le’s innovative roadblocks. The DREAM Act prudently ad- Ector, and Harry Holliday envisioned a better spirit and cross-cultural achievements will be dresses those hurdles. All members of society will benefit from way to combine six existing emergency assist- remembered for years to come. It is my hope ance organizations in Cobb County under one the DREAM Act, not just a select few. Ev- that his legacy will inspire fixture generations eryone wins when we educate the youth of roof. to find creative ways to serve the needs of the Families repeatedly faced limited access to tomorrow, encourage them to achieve their diverse Asian American Pacific Islander career goals, and motivate them to become affordable transportation, childcare and hous- (AAPI) communities. I offer my heartfelt con- productive citizens of our great country. As ing, as well as a lack of education and training dolences to the Le Family during this time of an educator and a person who was born in to secure and maintain employment. The or- remembrance. Cuba and immigrated at an early age, I am ganization determined the removal of those foremost an American who recognizes the f barriers was the real key to breaking the cycle importance of providing access to education of poverty. LETICIA M. DIAZ: STRENGTHENING to those who are truly committed to learn- Cobb Family Resources has grown from a AMERICA ing and personal growth. small emergency aid agency to a multi-func- As Americans, we have a moral obligation to address the immigration issues facing our tion human services organization, serving both HON. ALAN GRAYSON country. The DREAM Act would be a great generations of the family to develop personal OF FLORIDA start to much-needed reform. As such, we responsibility and a self-sufficient lifestyle. IN THE HOUSE OF REPRESENTATIVES urge Congress to pass the DREAM Act, blaz- Today, it serves as an average of 10,000 in- Tuesday, December 7, 2010 ing a trail for these young adults to become dividuals each year. Records also indicate valuable, contributing members of the more than 400,000 individuals have been Mr. GRAYSON. Madam Speaker, I would United States as they deserve. served by CFR since 1960. like to bring attention to an article written by Madam Speaker, I strongly encourage my Madam Speaker, I ask all my colleagues to Leticia M. Diaz at Barry University entitled colleagues to bring the DREAM Act to the join me in honoring the Center for Family Re- ‘‘Strengthening America.’’ Dr. Diaz, who holds floor for immediate consideration. sources. a PhD and a JD from Rutgers University, is f f the Dean of the Barry University Dwayne O. Andreas School of Law in Orlando and a HONORING THE HORNELL HIGH HONORING THE LIFE OF member of the advisory committee for the SCHOOL FOOTBALL TEAM FOR BA VAN LE newly formed American Bar Association Com- WINNING ITS SECOND CONSECU- mission on Hispanic Legal Rights and Re- TIVE STATE CHAMPIONSHIP AND HON. MICHAEL M. HONDA sponsibilities. 26TH CONSECUTIVE WIN OF CALIFORNIA STRENGTHENING AMERICA IN THE HOUSE OF REPRESENTATIVES (By Leticia M. Diaz) HON. TOM REED Tuesday, December 7, 2010 Like millions of others, I came to America OF NEW YORK with my immigrant parents. Seizing on the IN THE HOUSE OF REPRESENTATIVES Mr. HONDA. Madam Speaker, I rise today opportunities and access to superior edu- Tuesday, December 7, 2010 to commemorate the life of Ba Van Le, a pio- cation offered by this country allowed me to neer in the Vietnamese American community not only achieve the American dream, but to Mr. REED. Madam Speaker, I rise today to and a prominent entrepreneur, beloved by give back to this nation. honor the Hornell High School football team family and friends. My story is far from unique. Like the im- for the great success that they achieved on Born on December 26, 1932, Ba Van Le migrants before me, I came to the United the football field during the 2010 season. This was raised in the An Giang Province of South- States to seek the freedom and the opportu- year, the Red Raiders won their second con- ern Vietnam. In Vietnam, he was a successful nities unavailable in the country of my secutive New York State Class B champion- birth. Comprised of a vast immigrant popu- businessman who owned a thriving sugar lation, the United States matured and ex- ship. The victory in the championship game cane refinery in Saigon that earned him the panded as a result of the great Irish and Chi- was the Red Raiders’ 26th consecutive victory nickname ‘‘The Sugar King.’’ nese immigrations of the 1800s along with over the last two years. The Hornell Red Raid- Following the Vietnam War, Ba, his wife many newcomers from Europe over the ers are in the distinguished position of having Hanh and their three oldest children fled Viet- years. These immigrants provided much of the longest current win streak in New York nam in search of new beginnings. Like many the labor force that built the infrastructure State high school football. Through their hard Vietnamese, Ba and his family settled at a ref- as our country grew into a world power. Over work, great determination and incredible suc- ugee camp in Malaysia. Over a year later, Ba the years, my family and millions of other cess on the football field, the Hornell Red immigrants worked hard to make America and the rest of the Le family arrived in the into a strong, productive, and dynamic na- Raiders have brought great honor to their United States, staying briefly in Clovis, New tion. team, their school, and the City of Hornell. It Mexico and Monterey, California before set- Today, tens of thousands of young adults is with no small amount of pride that we rec- tling in San Jose, California. stand ready to give back to the country they ognize the players and cheerleaders, coaches

VerDate Mar 15 2010 04:33 Dec 08, 2010 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\K07DE8.014 E07DEPT1 tjames on DSKG8SOYB1PROD with REMARKS E2078 CONGRESSIONAL RECORD — Extensions of Remarks December 7, 2010 and advisors, and administrators and parents and thank them for their tireless work and REMEMBERING JOHN ALFRED for their achievement and congratulate them enormous contributions to our community in PROUTY on their second consecutive state champion- the greater area of Fresno, California. ship and 26th consecutive victory. f HON. STENY H. HOYER f OF MARYLAND RECOGNIZING TRILLIUM DENTAL IN THE HOUSE OF REPRESENTATIVES HONORING THE 40TH ANNIVER- SPECIALTIES FOR WINNING THE SARY OF FRESNO METRO MIN- 2010 PIERCE COUNTY HEALTH Tuesday, December 7, 2010 ISTRY CARE CHAMPIONS COMMUNITY Mr. HOYER. Madam Speaker, last month, IMPACT AWARD Calvert County, Maryland, lost a legendary HON. JIM COSTA member of its community: John Alfred Prouty, OF CALIFORNIA HON. ADAM SMITH one of Maryland’s most successful local farm- IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON ers. He died at the age of 87, leaving behind IN THE HOUSE OF REPRESENTATIVES a lifetime of wisdom, friendships, and service Tuesday, December 7, 2010 to his community. Mr. COSTA. Madam Speaker, I rise today Tuesday, December 7, 2010 After serving in the U.S. Navy in the 1940s, with my colleague Mr. CARDOZA to congratu- Mr. SMITH of Washington. Madam Speaker, Mr. Prouty took over his father’s family farm. late Fresno Metro Ministry on the occasion of I rise today to recognize Dr. Steve Bradway He ran it skillfully for decades, growing to- their 40th anniversary, aptly recognized as a and Dr. Susan Hagel Bradway of Trillium Den- bacco, corn, wheat, barley, rye, soybeans, community service organization that cham- tal Specialties on winning the 2010 Pierce heirloom tomatoes, and flowers—and he pions ‘‘working together to build a better com- County Health Care Champions Community passed it on to his own son. He was one of munity.’’ Impact Award. the family farmers who are the backbone of Founded in 1970, Fresno Metro Ministry On May 25, 2010, the Health Care Cham- American agriculture; he cared about con- was conceived and developed as a multi- pions program, which is a partnership between serving the land, keeping up with the latest faith, multi-cultural organization with the mis- the Business Examiner and the Pierce County agricultural techniques, and lending a hand to sion of creating a more respectful, compas- Medical Society, presented Trillium Dental his neighbors. In the words of his son, John sionate and inclusive community that pro- Specialties with the 2010 Community Impact Prouty was ‘‘as generous and as honest and motes social and economic justice. Fresno Award. The annual award recognizes a prac- as insightful a person as you could meet.’’ Metro Ministry’s success stems from working tice group whose involvement or innovation in And in between long hours managing his 160 in collaboratives and engaging in community health care has served a broad section of the acres, he took time to serve on the county education, advocacy, and community problem- community. Doctors Steve and Susan planning commission and the county and state solving by building coalitions, networking, con- Bradway of Trillium Dental Specialties have farm bureaus. For his lifetime of hard work, he ducting workshops and conferences, and de- earned this award by showing great dedication was inducted into the Governor’s Agricultural veloping and supporting task forces to address to their community, exceptional service, and Hall of Fame this year. community issues that affect underserved professionalism in medical practice. The Mr. Prouty represented the best of American communities. The community of Fresno is Bradways were presented this honor at the farming, and I sincerely hope that the legacy proud to be home to such a great organization Pierce County Health Care Champions annual he left behind will inspire all those in Maryland dedicated to the advancement of the less for- awards ceremony held at the Tacoma Mu- who work to keep their family farms thriving. I tunate in our region. For 40 years Fresno seum of Glass in downtown Tacoma, Wash- know that he will be an inspiration to all those Metro Ministry has been making a positive im- ington. he left behind: his wife Margaret; his children, pact in the lives of members of our community The Bradways have proven to be strong ad- Susan, John, and Elizabeth; and his four and I know that it will continue to do so in the vocates for preventative dental care primarily grandchildren. future. among young children in low-income families. f Throughout the years, Fresno Metro Ministry The doctors of Trillium Dental Specialties have IN REMEMBRANCE OF PEARL has spearheaded projects that have helped not only provided quality dental care to more HARBOR DAY bridge the needs of low-income residents and than 22,000 Tacoma area children on Med- existing community services in the greater icaid, they have also established educational Fresno area. This includes projects such as programs for families, provided speech ther- HON. NICK J. RAHALL II the development and publication of the ‘‘Mak- apy to children, and instructed families on how OF WEST VIRGINIA ing Connections Community Resource Direc- best to maintain dental health in the home. IN THE HOUSE OF REPRESENTATIVES tory’’ and the establishment of Latinos United The Health Care Champions also recognize Tuesday, December 7, 2010 for Clear Air, a neighborhood parent group the Bradways’ successful philanthropic efforts Mr. RAHALL. Madam Speaker, today, I rise who completed advocacy training sessions in expanding dental care to low-income fami- to honor and thank the greatest generation for and went on to advocate for cleaner air and lies in the Greater Pierce County region. their sacrifices at Pearl Harbor, 69 years ago. reductions of toxic pollutants at the local and Through their $10,000 donation, the Bradways This day reminds us of the long-held valor of state level. Community partnerships have also provided the seed money needed to establish our service men and women throughout the led to the adoption of a School Wellness Pol- Pierce County’s Access to Baby and Child generations since the infamous attack on icy by the Fresno Unified School District to as- Dentistry Program, which is a nonprofit pro- Pearl Harbor. sist in the prevention of childhood obesity and gram dedicated to providing dental care to On this day, we remember the many Amer- the creation of community gardens in partner- low-income and Medicaid eligible families. The ican lives lost on ‘‘the day that lives in in- ship with the city of Fresno. Furthermore, the program has since certified 92 dentists and of- famy,’’ but, we also recall with great pride the Metro Ministry was instrumental in developing fers care to underserved communities. courage and sacrifices of our greatest genera- the New Leaders for Better Health program Through the nonprofit, the Bradways have tion, who led us to victory in World War II. The which provides health education and advocacy successfully allowed dentists to help thou- patriotism they instilled in us continues today, training for low-income residents, many of sands more children who would otherwise not in the hearts of our veterans and in the deeds whom are non-English speaking and immi- have a dental health home. and actions of our men and women in uniform. grant refugees. Madam Speaker, I ask my colleagues to join In World War II, 233,985 West Virginians It is fitting and appropriate that we recognize me in congratulating Trillium Dental Special- served in our military. Countless more Amer- an organization of the caliber of the Fresno ties on receiving the Pierce County Health ican Patriots have answered the call to duty Metro Ministry today. Giving a voice to those Care Champions 2010 Impact Award. The since. We are reminded today of the sacrifices who too often do not have one has been the Healthcare Champions program was created our veterans made for our nation and the noble mission at the forefront of this organiza- to honor dedication, professionalism, and phi- preservation of the liberties, freedoms and tion and advocating for improvement in the lanthropy in the field of health care and Tril- rights that we hold dear. health, education, nutrition and community lium Dental Specialties has exemplified that December 7, 1941, lives on in the minds of betterment opportunities of a region is no light goal. The region is truly grateful for their work, all Americans as one in which the nation came task. I ask my colleagues to join with Mr. and Doctors Steve and Susan Bradway are in- together in support of a common cause. I will CARDOZA and I in honoring Fresno Metro Min- spirational models to health care providers ev- continue to support our men and women cur- istry on the occasion of their 40th anniversary erywhere. rently in uniform as well as our veterans. With

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He helped Americans adopt or- ued remembrance, with each remembrance Madam Speaker, please join me in recog- phans from Romania and lobbied President serving as a renewed message of support for nizing John Ore for 40 years of outstanding Clinton to admit former Iron Curtain countries our military personnel at home and abroad. service to my home town of Tempe, Arizona. to NATO. He served as Romanian Honorary f f Consul for the Cleveland area while advo- cating for a fair and independent judiciary in IN REMEMBRANCE OF GEORGE PERSONAL EXPLANATION that country after the fall of the Soviet Union. DOBREA He also served as the president of the Union HON. BARBARA LEE & League of Romanian Societies, OF CALIFORNIA HON. DENNIS J. KUCINICH headquartered in Cleveland and the largest IN THE HOUSE OF REPRESENTATIVES OF OHIO Romanian mutual benefit society in the United Tuesday, December 7, 2010 IN THE HOUSE OF REPRESENTATIVES States and Canada. Tuesday, December 7, 2010 George Dobrea was active in politics. He Ms. LEE of California. Madam Speaker, Mr. KUCINICH. Madam Speaker, I am sad- was an early supporter of John F. Kennedy in today I missed rollcall vote No. 583 on H. Res. the 1960 presidential election and helped gar- 1736. Had I been present, I would have voted dened to learn of the passing of George Dobrea last Saturday. Please join me in re- ner support for Kennedy among European eth- ‘‘aye.’’ nic voters in Ohio. He also supported Ken- f membering George Dobrea, a businessman, soldier, statesman, activist, constituent, and nedy’s opponent 12 years later as the chair- RECOGNIZING JOHN ORE, RETIR- friend who did much to make Cleveland and man for the Ohio Democrats for Nixon. He re- ING MARICOPA COUNTY JUSTICE the world a better place. portedly turned down administration jobs with OF THE PEACE George was born 84 years ago in Gary, In- President Nixon and Ohio Governor John diana, to a family of Romanian ethnic back- Gilligan. George served for many years as an ground, a heritage he embraced throughout elected member of the Cleveland school HON. HARRY E. MITCHELL board, 3 years as its president. OF ARIZONA the many facets of his life. He was active in Madam Speaker and respected colleagues, IN THE HOUSE OF REPRESENTATIVES his church, St. Mary Romanian Orthodox Ca- thedral in Cleveland, where his priest, Rev. please join me in offering condolences to Tuesday, December 7, 2010 Remus Grama, referred to him as a ‘‘priest Jean, their 4 children Peter, George, Paul, and Mr. MITCHELL. Madam Speaker, I rise without a collar.’’ According to Rev. Grama, Mary Grindahl, their 3 grandchildren, and their today in recognition of John Ore and his life- ‘‘He helped so many immigrants. He never many friends in Cleveland, Romania, and time of service to the citizens of Tempe, Ari- said no.’’ He served on the board of St. Mary, around the world. zona. I wish to thank him for his dedication to founded the Romanian Ethnic Art Museum f public service, a remarkable record of success alongside the church, and helped stock it with and accomplishment, and many years of thousands of art objects. 50TH ANNIVERSARY OF THE friendship. George served in the Army in World War II MONOCLE RESTAURANT Judge Ore’s law enforcement career began in the Philippines. He volunteered to be a on May 28, 1969, when he joined the U.S. spotter in a Piper Cub, radioing the positions HON. STENY H. HOYER Army and attended military police training. of the enemy while dodging bullets flying to- OF MARYLAND After the army, John joined the Tempe Police ward the plane. His radio transmissions, which IN THE HOUSE OF REPRESENTATIVES Department and within three years, received a may have saved thousands of American and Tuesday, December 7, 2010 number of awards for his work, including the allied lives, earned him two Bronze Stars. Tempe Police Meritorious Service Award and Like his father before him, George worked Mr. HOYER. Madam Speaker, last week, the Outstanding Young Law Enforcement Offi- in the steel mills of Gary. At the University of Members of Congress from both sides of the cer Award. John quickly rose through the Detroit, he boxed and ran track while earning aisle gathered together to celebrate a special ranks at the Tempe Police Department and a bachelor’s degree. He went on to study milestone: the 50th anniversary of The Mon- was promoted to Commander in July of 1988. business at the Wharton School of Economics ocle restaurant, located at 107 D Street North- After a distinguished 22 year career in the po- at the University of Pennsylvania before set- east. Since 1960, The Monocle has been a lice force, John was elected to serve as tling in Cleveland, becoming a stock broker Capitol Hill institution—a place where genera- Tempe Justice of the Peace. and marrying the former Jean Barson. tions of legislators, staff members, and visitors Judge Ore’s strong commitment to vol- His work in stocks launched many other have come together to share stories and good unteerism, service, and civic engagement is business interests, including scrap steel, food. As they mark a half-century of success, not only incredibly honorable, but also un- greeting cards, greenhouses, toboggan I offer my congratulations to Connie Valanos, matched. For example, John has served on chutes, and racehorses. George Dobrea did a who founded The Monocle and has passed it the Board of Directors for Friends of the Or- weekly spot on The Mike Douglas Show, a down as a legacy to his family; John Valanos phans, and spearheaded an effort to send re- popular local TV program, explaining finances and his wife Vasiliki, who own and operate lief supplies to the war zone in Bosnia on be- and investing to the public. The Monocle today; and maıˆtre d’ Nick half of Tempe South Rotary Club and Project George was enthusiastic about international Selimos, who has worked there for more than Lifeline. He was awarded the Hon Kachina trade and served as a lobbyist for the Greater 30 years. May The Monocle enjoy another 50 Award as one of Arizona’s 12 outstanding vol- Cleveland Growth Association, the regional years as a Washington landmark.

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until 3:30 p.m., that upon reconvening at 3:30 p.m., Amendments Submitted: Pages S8600–01 there be an additional 30 minutes of debate, divided Quorum Calls: Two quorum calls were taken today. as specified above; provided further, that upon the (Total—7) Pages S8558, S8576 use or yielding back of time, Senate vote on the mo- tion to invoke cloture on the motion to proceed to Adjournment: Senate convened at 10:01 a.m. and S. 3991; provided further, that if there are back to adjourned at 8:17 p.m., until 9:30 a.m. on Wednes- back votes with respect to the cloture motions, that day, December 8, 2010. (For Senate’s program, see there be 4 minutes of debate, equally divided and the remarks of the Majority Leader in today’s Record controlled in the usual form, prior to each vote. on page S8606.) Page S8601 Executive Communications: Pages S8598–99 Committee Meetings Additional Cosponsors: Pages S8599–S8600 (Committees not listed did not meet) Statements on Introduced Bills/Resolutions: Page S8600 No committee meetings were held. h House of Representatives 1687, to recognize and support the goals and ideals Chamber Action of National Runaway Prevention Month; Public Bills and Resolutions Introduced: 3 public Pages H8039–40 bills, H.R. 6496–6498; 1 private bill, H.R. 6499; Earl Wilson, Jr. Post Office Designation Act: and 3 resolutions, H. Res. 1751, 1753–1754, were H.R. 6400, to designate the facility of the United introduced. Page H8089 States Postal Service located at 111 North 6th Street Additional Cosponsors: Page H8089 in St. Louis, Missouri, as the ‘‘Earl Wilson, Jr. Post Reports Filed: Reports were filed today as follows: Office’’, by a 2⁄3 yea-and-nay vote of 382 yeas with H.R. 3655, to direct the Federal Trade Commis- none voting ‘‘nay’’, Roll No. 608; Pages H8040, H8067 sion to establish rules to prohibit unfair or deceptive Recognizing the centennial of the City of acts or practices related to the provision of funeral Lilburn, Georgia: H. Res. 1642, to recognize the services, with an amendment (H. Rept. 111–672); centennial of the City of Lilburn, Georgia and to H.R. 4501, to require certain return policies from support the goals and ideals of a City of Lilburn businesses that purchase precious metals from con- Day, by a 2⁄3 yea-and-nay vote of 379 yeas with none sumers and solicit such transactions through an voting ‘‘nay’’, Roll No. 609; Pages H8040–42, H8067–68 Internet website, with an amendment (H. Rept. Recognizing Rotary International for 105 years 111–673); and of service to the world: H. Res. 1727, to recognize H. Res. 1752, waiving a requirement of clause Rotary International for 105 years of service to the 6(a) of rule XIII with respect to consideration of cer- world and to commend members on their dedication tain resolutions reported from the Committee on to the mission and principles of their organization; Rules, and providing for consideration of motions to Pages H8042–43 suspend the rules (H. Rept. 111–674). Page H8089 Expressing support for the designation of March Speaker: Read a letter from the Speaker wherein she as National Essential Tremor Awareness Month: appointed Representative Farr to act as Speaker pro H. Res. 1264, to express support for the designation tempore for today. Page H8035 of March as National Essential Tremor Awareness Recess: The House recessed at 12:50 p.m. and re- Month, by a 2⁄3 yea-and-nay vote of 387 yeas to 1 convened at 2 p.m. Page H8037 nay, Roll No. 610; Pages H8043–44, H8068–69 Suspensions: The House agreed to suspend the rules Mourning the loss of life and expressing condo- and pass the following measures: lences to the families affected by the tragic forest Recognizing and supporting the goals and ideals fire in Israel that began on December 2, 2010: H. of National Runaway Prevention Month: H. Res. Res. 1751, to mourn the loss of life and to express

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condolences to the families affected by the tragic for- nently dismantle Mexican drug trafficking organiza- est fire in Israel that began on December 2, 2010; tions operating on Federal lands; Pages H8060–62 Pages H8056–57 Criminal History Background Checks Pilot Ex- Congratulating the Baltic nations of Estonia, tension Act of 2010: S. 3998, to extend the Child Latvia, and Lithuania on the 20th anniversary of Safety Pilot Program; Pages H8062–64 the reestablishment of their full independence: H. Providing for American Samoa and the Com- Con. Res. 267, amended, to congratulate the Baltic monwealth of the Northern Marianas to be treated nations of Estonia, Latvia, and Lithuania on the 20th as States for certain criminal justice programs: anniversary of the reestablishment of their full inde- H.R. 3353, to provide for American Samoa and the pendence; and Pages H8057–58 Commonwealth of the Northern Marianas to be Agreed to amend the title so as to read: ‘‘Con- treated as States for certain criminal justice pro- gratulating the Baltic nations of Estonia, Latvia, and grams; and Pages H8064–65 Lithuania on the 20th anniversary of their declara- Access to Criminal History Records for State tions on the restoration of independence from the Sentencing Commissions Act of 2010: H.R. 6412, Soviet Union.’’. Page H8058 to amend title 28, United States Code, to require Red Flag Program Clarification Act of 2010: S. the Attorney General to share criminal records with 3987, to amend the Fair Credit Reporting Act with State sentencing commissions. Page H8066 respect to the applicability of identity theft guide- Privileged Resolution—Intent to Offer: Rep- lines to creditors. Pages H8059–60 resentative Waters announced her intent to offer a Recess: The House recessed at 5:19 p.m. and recon- privileged resolution. Page H8069 vened at 6 p.m. Page H8066 Senate Messages: Messages received from the Senate Suspensions—Proceedings Postponed: The House by the Clerk and subsequently presented to the debated the following measures under suspension of House today appear on pages H8038–39. the rules. Further proceedings were postponed: Senate Referrals: S. 3860 was referred to the Com- Expressing support for designation of 2011 as mittee on Veterans’ Affairs; S. 124 was referred to ‘‘World Veterinary Year’’: H. Res. 1531, to express the Committee on the Judiciary; S. 3817 was re- support for designation of 2011 as ‘‘World Veteri- ferred to the Committee on Education and Labor; S. nary Year’’ to bring attention to and show apprecia- 4010 and S. 1774 were held at the desk. Page H8058 tion for the veterinary profession on its 250th anni- Quorum Calls—Votes: Three yea-and-nay votes de- versary; Pages H8044–46 veloped during the proceedings of today and appear on pages H8067, H8067–68, and H8068–69. There Honoring the 2500th anniversary of the Battle were no quorum calls. of Marathon: H. Res. 1704, amended, to honor the 2500th anniversary of the Battle of Marathon; Adjournment: The House met at 12:30 p.m. and Pages H8046–47 adjourned at 9:30 p.m. Recognizing the 50th anniversary of the Na- tional Council for International Visitors: H. Res. Committee Meetings 1402, amended, to recognize the 50th anniversary of REVIEW LABOR’S FINANCIAL STATEMENTS the National Council for International Visitors, and Committee on Education and Labor: Subcommittee on to express support for designation of February 16, Health, Employment, Labor, and Pensions held a 2011, as ‘‘Citizen Diplomacy Day’’; Pages H8047–48 hearing on a Review of the Independent Audit of Congratulating imprisoned Chinese democracy the Labor Department’s FY 2010 Consolidated Fi- advocate Liu Xiaobo on the award of the 2010 nancial Statements. Testimony was heard from the Nobel Peace Prize: H. Res. 1717, amended, to con- following officials of the Department of Labor: El- gratulate imprisoned Chinese democracy advocate liott P. Lewis, Assistant Inspector General, Office of Liu Xiaobo on the award of the 2010 Nobel Peace Audit, Office of Inspector General; and James L. Prize; Pages H8049–56 Taylor, Chief Financial Officer. Supporting the goal of eradicating illicit mari- SAME-DAY CONSIDERATION OF CERTAIN juana cultivation on Federal lands: H. Res. 1540, RESOLUTIONS REPORTED BY THE RULES amended, to support the goal of eradicating illicit COMMITTEE marijuana cultivation on Federal lands and to call on Committee on Rules: Granted, by a record vote of 6–3, the Director of the Office of National Drug Control a rule waiving clause 6(a) of rule XIII (requiring a Policy to develop a coordinated strategy to perma- two-thirds vote to consider a rule on the same day

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(Committee meetings are open unless otherwise indicated) Commission on Security and Cooperation in Europe: to hold hearings to examine the Western Balkans, focusing on developments in 2010 and hopes for the future, 11 a.m., Senate SVC–202/203. Committee on Banking, Housing, and Urban Affairs: Sub- committee on Securities, Insurance and Investment, with

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, December 8 10 a.m., Wednesday, December 8

Senate Chamber House Chamber Program for Wednesday: Senate, sitting as a Court of Program for Wednesday: Consideration of the following Impeachment, will continue consideration of the articles suspensions: (1) H.R. 5012—Weekends Without Hunger of impeachment against Judge G. Thomas Porteous, Jr. Act; (2) H. Res. 1746—Recognizing the efforts of Wel- of the Eastern District of Louisiana, with a live quorum come Back Veterans; (3) H.R. 5470—To exclude an ex- at 9:30 a.m., to be followed by a series of up to 5 roll ternal power supply for certain security or life safety call votes on the motions and articles of impeachment; alarms and surveillance system components from the ap- following which, Senate will resume consideration of the plication of certain energy efficiency standards under the motion to proceed to consideration of S. 3991, Public Energy Policy and Conservation Act; (4) H.R. 4501— Safety Employer-Employee Cooperation Act, with a series Guarantee of a Legitimate Deal Act; (5) S. 3789—Social of up to 4 roll call votes at approximately 4 p.m. Security Number Protection Act; and (6) H.R. 5987— (Senate will recess from 12:30 p.m. until 3:30 p.m. for the Seniors Protection Act. Democratic caucus meeting.)

Extensions of Remarks, as inserted in this issue

HOUSE Hoyer, Steny H., Md., E2066, E2078, E2079 Rogers, Mike, Ala., E2076 Issa, Darrell E., Calif., E2069 Sanchez, Loretta, Calif., E2074 Andrews, Robert E., N.J., E2065 Kind, Ron, Wisc., E2073 Sestak, Joe, Pa., E2065, E2066 Bilirakis, Gus M., Fla., E2074 Kucinich, Dennis J., Ohio, E2079 Shuler, Heath, N.C., E2074 Bishop, Sanford D., Jr., Ga., E2071 Lee, Barbara, Calif., E2079 Smith, Adam, Wash., E2065, E2067, E2078 Chu, Judy, Calif, E2068 McCollum, Betty, Minn., E2071, E2076 Smith, Lamar, Tex., E2070 Costa, Jim, Calif., E2067, E2071, E2078 McMorris Rodgers, Cathy, Wash., E2069 Stark, Fortney Pete, Calif., E2070 DeLauro, Rosa L., Conn., E2071 Maloney, Carolyn B., N.Y., E2069 Sutton, Betty, Ohio, E2067 Duncan, John J., Jr., Tenn., E2072 Marchant, Kenny, Tex., E2070 Teague, Harry, N.M., E2075 Farr, Sam, Calif., E2066 Mica, John L., Fla., E2076 Thompson, Mike, Calif., E2074 Gingrey, Phil, Ga., E2077 Mitchell, Harry E., Ariz., E2079 Towns, Edolphus, N.Y., E2067, E2068, E2069, E2070, Grayson, Alan, Fla., E2077 Putnam, Adam H., Fla., E2075 E2072, E2073, E2074, E2075, E2076 Hastings, Alcee L., Fla., E2075 Rahall, Nick J., II, W.Va., E2078 Waxman, Henry A., Calif., E2065, E2068 Honda, Michael M., Calif., E2077 Reed, Tom, N.Y., E2077 Woolsey, Lynn C., Calif., E2073

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