218 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 6, 2009 INTRODUCTION OF THE VETERANS that the VA can work to ensure that local care Justice Canady kept his term limits pledge, HEALTH EQUITY ACT OF 2009 is available. It is time for the VA to go further and did not seek reelection to a fifth term in and for the government to live up to the prom- 2000. After leaving Congress, Justice Canady HON. CAROL SHEA-PORTER ises we’ve made to those who have served so returned to the practice of law, serving as OF NEW HAMPSHIRE honorably. counsel to Governor Jeb Bush. In 2002, Gov- IN THE HOUSE OF REPRESENTATIVES f ernor Bush appointed him to Florida’s Second District Court of Appeal. On August 27, 2008, Tuesday, January 6, 2009 HONORING FORMER U.S. REP- Governor Charlie Crist nominated Justice Can- Ms. SHEA-PORTER. Madam Speaker, RESENTATIVE CHARLES T. CAN- ady to the Florida Supreme Court. His nomi- today, I introduced The Veterans Health Eq- ADY UPON HIS INVESTITURE AS nation was confirmed and Justice Canady took uity Act of 2009. This legislation requires the A JUSTICE TO THE FLORIDA SU- his seat as the 82nd Associate Justice to the Department of Veterans Affairs to ensure that PREME COURT Florida Supreme Court on September 8, 2008, every State has a full-service veterans hos- and was sworn-in through a formal investiture pital, or access to equivalent care in-state. I HON. ADAM H. PUTNAM on December 3, 2008. have been calling for the VA to provide full- OF FLORIDA Former Congressman Charles T. Canady service medical care to New Hampshire’s vet- IN THE HOUSE OF REPRESENTATIVES resided until his appointment to the Florida erans since October of 2007 and introduced Tuesday, January 6, 2009 Supreme Court in Lakeland, Florida, and is identical legislation in the 110th Congress. Mr. PUTNAM. Madam Speaker, I rise today married to wife Jennifer and has two daugh- New Hampshire has not had a full-service to pay tribute to a former member of this body, ters, Julia and Anna. Charles T. Canady is the veterans hospital since 2001 and is the only Representative Charles T. Canady on the oc- son of Charles and Delores Canady. State without a full-service VA hospital or casion of his investiture as a Justice to the f comparable facility. While New Hampshire Supreme Court of the State of Florida. INTRODUCTION OF THE may be a small State, it has a veteran popu- During his tenure in the U.S. House of Rep- AMERICARE HEALTH INSURANCE lation over 130,000. resentatives, Justice Canady served this na- ACT OF 2009 Because we lack a veterans hospital, New tion and the people of the 12th Congressional Hampshire’s veterans are often forced to trav- District, which I now represent, with honor and el out-of-state for medical care. Veterans trav- distinction. His steadfast commitment toward HON. FORTNEY PETE STARK OF CALIFORNIA eling from the most Northern parts of the State upholding the laws and principles on which IN THE HOUSE OF REPRESENTATIVES may have to travel three hours to Manchester our nation was founded, will serve the people and then may be forced to travel up to 2 hours of the State of Florida well through his ap- Tuesday, January 6, 2009 to Boston, if they are referred there for their pointment as a Justice to the Florida Supreme Mr. STARK. Madam Speaker, it gives me care. Court. great pleasure to reintroduce the AmeriCare Unfortunately, this routinely happens—each Born in Lakeland, Florida, Justice Canady Health Care Act of 2009. I have often spoken year, hundreds of patients are referred to the earned his B.A. from Haverford College in before this body about the great need to re- Boston, MA or White River Junction, VT facili- 1976 and Doctorate of Jurisprudence from form our health care system. For too long, we ties. Yale University in 1979. Thereafter, he prac- have been plagued with an inadequate patch- It is simply a matter of fairness that our vet- ticed law in Lakeland at the firm of Holland work system that today leaves nearly 46 mil- erans in New Hampshire be afforded the and Knight and with the Lane, Trohn, Clarke, lion Americans uninsured. We spend more per same services as veterans in every other Bertrand and Williams law firm. In 1984, he person than any other country in the world, yet State. Though New Hampshire may be a was elected to the Florida House of Rep- our health outcomes lag well behind that of small State, even smaller States with fewer resentatives where he served through 1990. other industrialized nations. veterans have full-service care available. In 1992, Justice Canady was elected to the The failing economy is even more proof of I am a realist, and a fiscal conservative. 103rd Congress and served four terms in the our need to act now. Our broken health sys- That is why my legislation does not require the United States House of Representatives from tem is a tremendous financial burden on our VA to construct a full-service hospital in Man- January 1993 to January 2001. Throughout Nation’s families and businesses alike. Since chester if it is not economically feasible. In- his tenure in Congress, Justice Canady was 1999, family premiums for employer-spon- stead, the Department could work with health an active member of the House Judiciary sored insurance have increased 119 percent, care providers in the state to provide care Committee. For three terms from January nearly 4 times the increase in wages (34 per- through local hospitals. 1995 to January 2001, former Rep. Canady cent) and inflation (29 percent) during that The Manchester VA facility has done a was the Chairman of the House Judiciary Sub- same time. About one in three Americans re- great job of reaching out to local partners and committee on the Constitution. In this capacity, ported a serious problem ‘‘paying for health getting our vets access to as much local care his efforts toward protecting and defending the care and health insurance’’ in October 2008. as possible within their current restrictions. In laws of our nation made a lasting mark not Half of all bankruptcies can be traced to med- fact, they have submitted a business plan that only on this body, but on the American people ical bills. 49 percent of people in foreclosure would allow them to contract with more local for whom we are called serve. named medical problems as a cause of their health care providers. I urge the Department While a member of the House of Represent- financial difficulties. to strongly consider this business plan. Its ap- atives, Former Rep. Canady worked with According to the New America Foundation, proval would make a big difference in the steadfast dedication and fortitude on the our economy lost as much as $207 billion last quality and accessibility of care for New issues found at the core of our country’s belief year because of the poor health and shorter Hampshire’s veterans. system. Among his contributions include pas- lifespans of those without health insurance. If the VA will not consider restoring Man- sage into law of the Religious Liberty Protec- General Motors spends more on health care chester to a full-service facility or ensuring that tion Act, which protects all citizens’ right to ex- than on steel. While I’m not suggesting we im- New Hampshire veterans have access to care ercise their religious freedoms. He also cham- port the Canadian health system, it is worth in New Hampshire, Congress must do so. pioned the Civil Rights Act of 1997, the Par- highlighting that if we paid the same amount Our veterans, regardless of the services tial-Birth Abortion Ban Act, the Religious Land for health care as Canada, G.M. would have they need, deserve the same care their coun- Use and Institutionalized Persons Act, the Pri- accumulated an additional $22 billion in profits terparts receive in every other State. It is un- vate Property Rights Implementation Act, over the last decade. Inadequate health cov- conscionable that we deny them this full-serv- Equal Opportunity Act, as well as the Family erage is crippling our economy. ice care and instead offer them ad hoc serv- Caregiver Enumeration Act. The President-elect declared that health ices. Appointed as a House Manager to conduct care reform should happen ‘‘this year’’. Chair- I will continue to work with the Director of the presidential impeachment proceedings, he man RANGEL and I are ready to work with him, the New Hampshire VA and with the new worked to uphold the laws of our nation Chairmen WAXMAN and MILLER, our leadership Obama Administration to ensure that our vet- through his unwavering commitment to the and the Senate to achieve this goal. erans have care in New Hampshire. Last sum- principles of the Constitution of the United AmeriCare is a template of a way that we mer’s expansion of radiation services proves States and the governing rules of our country. can achieve universal health care. AmeriCare

VerDate Mar 15 2010 11:50 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0689 Sfmt 9920 E:\BR09\E06JA9.000 E06JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 6, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 219 is built on a framework that is consistent with America—and guarantee access to medical art of photography and the history of Oregon, many of the principles that President-elect innovation and the world’s most advanced Terry Toedtemeier. We sadly lost Terry on De- Obama identified during the campaign. providers and facilities. cember 10, 2008. Terry served as the curator Like President-elect Obama’s plan, it in- Structure and Administration: Creates a new title in the Social Security Act, of the Portland Art Museum’s photography col- cludes a public plan option. It uses Medicare’s ‘‘AmeriCare.’’ Provides universal health care lection and was widely known as one of the existing administrative infrastructure, but im- for all U.S. residents, with additional cov- Pacific Northwest’s finest landscape photog- proves upon Medicare’s benefits to address erage for children (under 24), pregnant raphers. Terry and a colleague had recently some of the current gaps in coverage. A pub- women, and individuals with limited in- published a book, Wild Beauty: Photographs lic plan option is the only way to ensure that comes (< 300 percent FPL). Sets out stand- of the Columbia River Gorge, 1867–1957, and beneficiaries have access to an option that ards for supplemental plans with a focus on Terry had finished curating a show of the promotes people over profit. As Medicare itself consumer protection. Requires the Secretary same name at the Portland Art Museum. to negotiate discounts for prescription drugs. includes both public and private plan options, Benefits: Adults receive Medicare Part A Terry Toedtemeier was a passionate ex- one could make the case that AmeriCare has and B benefits; preventive services, sub- plorer of the Gorge and one of its greatest in- an exchange, like Obama’s plan as well. stance abuse treatment, mental health par- terpreters. He was a trained geologist, photog- Like President-elect Obama’s plan, it main- ity; and prescription drug coverage equiva- rapher, photo historian, curator, and educator, tains employer sponsored coverage. People lent to the BC/BS Standard Option in 2008. who realized this stretch of the Columbia River Children receive comprehensive benefits and can keep the coverage they have if they like is one of the natural wonders of America. it. We need to build on what works, not create Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) coverage with no Terry studied geology at Oregon State Univer- an entirely new system. sity. He had a strong desire to understand the Like President-elect Obama’s plan, it in- cost-sharing. Cost Sharing: There is a $350 deductible for forces of the earth that created the world cludes a pay-or-play component to ensure that individuals/ $500 for families (indexed over around us, and it was being outdoors and ex- the private sector continues to play a role in time), and 20 percent coinsurance. Total periencing Oregon’s geological features that providing health care. spending (premiums, deductibles, and co-in- AmeriCare meets the Health Care for Amer- inspired him. As a student, one day Terry surance) is capped at out-of-pocket max- spied through fog-obscured sunlight a freshly ica Now! reform principles. It was endorsed imum of $2,500 individual/$4,000 family (in- last year by the coalition, as well as provider dexed over time), or 5 percent of income for plowed field and in the middle, growing se- groups, beneficiary advocates, and unions in- beneficiaries with income between 200 per- renely, a tree that he could only describe later cluding: American Academy of Pediatrics, cent–300 percent FPL and 7.5 percent of in- as ‘‘scrubby’’ and ‘‘a wreck.’’ Terry took a American Nurses Association, Center for come for beneficiaries with income between photo and when he printed the image he said 300 percent–500 percent FPL. There is no cost Medicare Advocacy, Consumers Union, Fami- that he understood ‘‘this creative possibility sharing for children, pregnant women and with the camera.’’ lies USA, National Association of Community low-income individuals (below 200 percent Health Centers, National Association of Public FPL). Sliding scale subsidies are in place for A colleague of his noted that Terry had im- Hospitals, SEIU, Universal Health Care Action cost-sharing for individuals between 200 per- mersed himself in the photographic history of Network. cent and 300 percent FPL. the Northwest over the course of his career. AmeriCare is a practical proposal to ensure Financing: At April 15 tax filing each year, Terry’s curated show at the Portland Art Mu- that everyone has affordable health coverage individuals either demonstrate equivalent seum, Wild Beauty, revealed his technical ex- in our country. It builds on what works in to- coverage through their employer or pay the pertise in describing geologic and geographic AmeriCare premium based on cost of cov- changes, as well as a photographic history of day’s health care system to provide simple, af- erage and class of enrollment (individual, fordable, reliable health insurance. I look for- couple, unmarried individual with children, the Gorge over 90 years, ending in 1957 when ward to working with President-elect Obama or married couple with children). Employers the construction of The Dalles Dam sub- as he assumes the office of the President to may either pay 80 percent of the AmeriCare merged one of the last great Native American achieve a universal health care program that premium or provide equivalent benefits fishing grounds at Celilo Falls. meets the principles that he will outline to through a group health plan (the contribu- From the images taken by Carleton Watkins Congress. tion for part-time workers is pro-rated). AmeriCare does not affect contracts or col- in 1867 when Americans were first estab- I will submit for the RECORD a short sum- lective bargaining agreements in effect as of lishing industry in the West, to those by Al mary of AmeriCare. More can be found on my the date of enactment, and employers may Monner as the federal government was con- website at http://www.house.gov/stark. choose to provide additional benefits. Em- structing hydroelectric dams throughout the AMERICARE HEALTH CARE ACT OF 2009 ployers with fewer than 100 employees have area, the Columbia River Gorge has served as Overview: The AmeriCare Health Care Act until January 1, 2014 to comply (employees a place of meditation, wonder, and discovery (‘‘AmeriCare’’) is a practical proposal to en- of small businesses would still only pay 20 for artists. It has been Terry’s astute effort that sure that everyone has health coverage in percent of the premium). has brought these artists’ visions together to our country. It builds on what works in to- f day’s health care system to provide simple, teach us about the vastness, power, and affordable, reliable health insurance. People TRIBUTE TO TERRY TOEDTEMEIER beauty of the Columbia River Gorge. would be covered under the new AmeriCare Madam Speaker, I commemorate the life of system, modeled on Medicare, or they would HON. DAVID WU Terry Toedtemeier and share with you his continue to obtain health coverage through commitment to the preservation of our knowl- their employer. OF OREGON Using the administrative efficiencies with- IN THE HOUSE OF REPRESENTATIVES edge and history in the Pacific Northwest and the Columbia River Gorge. I believe in his in Medicare and building on the existing cov- Tuesday, January 6, 2009 erage people receive through their jobs work reflects why we must act to protect and today, we can create an affordable, efficient, Mr. WU. Madam Speaker, I rise today to re- preserve the crown jewel of Oregon’s natural and stable universal health care system in member a man who dedicated his life to the heritage.

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The Senate met at 11:30 a.m. and was Senate will proceed to a period of tax treatment of certain indebtedness dis- called to order by the Honorable ROB- morning business, with Senators per- charged in 2009 or 2010, and for other pur- ERT P. CASEY, Jr., a Senator from the mitted to speak for up to 10 minutes poses. Commonwealth of Pennsylvania. each. A bill (S. 34) to prevent the Federal Com- munications Commission from repromul- Mr. REID. Mr. President, are we in a gating the fairness doctrine. PRAYER quorum call? The Chaplain, Dr. Barry C. Black, of- The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I object to fered the following prayer: pore. No, we are not. The majority any further proceedings with respect to Let us pray. leader is recognized. these bills en bloc. The ACTING PRESIDENT pro tem- Eternal God, You are the source of f light and peace, and we praise You for pore. Objection is heard. The bills will giving us blessings far beyond what we MEASURES PLACED ON THE CAL- be placed on the calendar en bloc. ENDAR—S. 1, S. 2, S. 3, S. 4, S. 5, deserve. Thank You for the blessings of f freedom and a government that seeks S. 6, S. 7, S. 8, S. 9, S. 10, S. 33, to empower people with liberty. Thank and S. 34 MEASURE READ THE FIRST You for blessing us with lawmakers Mr. REID. Mr. President, it is my un- TIME—S. 22 who strive to know what is right and to derstanding there are 12 bills at the Mr. REID. Mr. President, S. 22 was do it. Thank You also for the gift of desk due for a second reading. introduced earlier today by Senator forgiveness, for You daily meet our The ACTING PRESIDENT pro tem- BINGAMAN. It is my understanding that need for moral and spiritual renewal. pore. The clerk will report the bills by is the case and is due for its first read- Lord, use our Senators today. Show title for the second time. ing. them Your path and teach them Your The legislative clerk read as follows: The ACTING PRESIDENT pro tem- ways. Keep them so completely under A bill (S. 1) to create jobs, restore eco- pore. The clerk will report the bill by Your rulership that they will do justly, nomic growth, and strengthen America’s title for the first time. love mercy, and walk humbly with middle class through measures that mod- The legislative clerk read as follows: ernize the nation’s infrastructure, enhance You. A bill (S. 22) to designate certain land as America’s energy independence, expand edu- We pray in Your holy Name. Amen. components of the National Wilderness Pres- cational opportunities, preserve and improve ervation System, to authorize certain pro- f affordable health care, provide tax relief, and grams and activities in the Department of protect those in greatest need, and for other PLEDGE OF ALLEGIANCE the Interior and the Department of Agri- purposes. culture, and for other purposes. The Honorable ROBERT P. CASEY, Jr., A bill (S. 2) to improve the lives of middle led the Pledge of Allegiance, as follows: class families and provide them with greater Mr. REID. Mr. President, I now ask I pledge allegiance to the Flag of the opportunity to achieve the American dream. for its second reading but object to my United States of America and to the Repub- A bill (S. 3) to protect homeowners and own request. lic for which it stands, one nation under God, consumers by reducing foreclosures, ensur- The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. ing the availability of credit for home- pore. Objection is heard. The bill will owners, businesses, and consumers, and re- f forming the financial regulatory system, and be read a second time on the next legis- APPOINTMENT OF ACTING for other purposes. lative day. PRESIDENT PRO TEMPORE A bill (S. 4) to guarantee affordable, qual- f ity health coverage for all Americans, and The PRESIDING OFFICER. The for other purposes. ORDER OF BUSINESS clerk will please read a communication A bill (S. 5) to improve the economy and Mr. REID. Mr. President, I have noti- to the Senate from the President pro security of the United States by reducing the tempore (Mr. BYRD). dependence of the United States on foreign fied a number of Members—I had a The legislative clerk read the fol- and unsustainable energy sources and the meeting with them at 9 o’clock this lowing letter: risks of global warming, and for other pur- morning—that because of a Senator poses. not allowing us to move forward on U.S. SENATE, A bill (S. 6) to restore and enhance the na- PRESIDENT PRO TEMPORE, this legislation last night and throwing tional security of the United States. Washington, DC, January 7, 2009. every procedural hurdle in the way of A bill (S. 7) to expand educational opportu- To the Senate: these bills, which is now in the form of nities for all Americans by increasing access Under the provisions of rule I, paragraph 3, to high-quality early childhood education one bill, we are going to have a vote of the Standing Rules of the Senate, I hereby and after school programs, advancing reform Sunday morning in the Senate. So ev- appoint the Honorable ROBERT P. CASEY, Jr., in elementary and secondary education, eryone should understand, Sunday a Senator from the Commonwealth of Penn- strengthening mathematics and science in- morning we are going to have a vote in sylvania, to perform the duties of the Chair. struction, and ensuring that higher edu- ROBERT C. BYRD, the Senate. cation is more affordable, and for other pur- President pro tempore. I have had a number of meetings with poses. President-elect Obama. We have a lot Mr. CASEY thereupon assumed the A bill (S. 8) to return the Government to to do. I spoke with Senator MIKULSKI chair as Acting President pro tempore. the people by reviewing controversial ‘‘mid- right before coming in. I have spoken f night regulations’’ issued in the waning days of the Bush Administration. with Senator KENNEDY today. The RESERVATION OF LEADER TIME A bill (S. 9) to strengthen the United Ledbetter legislation, to make things The ACTING PRESIDENT pro tem- States economy, provide for more effective more fair for people, especially women, pore. Under the previous order, the border and employment enforcement, and for is the next piece of legislation we are leadership time is reserved. other purposes. going to move to after this bill. We A bill (S. 10) to restore fiscal discipline and have just a few days to do all this f begin to address the long-term fiscal chal- work. MORNING BUSINESS lenges facing the United States, and for other purposes. As President-elect Obama has said, The ACTING PRESIDENT pro tem- A bill (S. 33) to amend the Internal Rev- there are people out there who would pore. Under the previous order, the enue Code of 1986 with respect to the proper love to work on Sunday. We are going

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

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 221 to have to spend time on Saturdays, There being no objection, the Senate that Israel itself should be destroyed. Sundays, and nighttime, especially at 2:15 p.m., recessed subject to the call Questions remain as to whether or not during the first several months of this of the Chair and reassembled 3:04 p.m., the organization should even be in- difficult time in which we find our- when called to order by the Presiding cluded in peace negotiations, but the selves in this country. Everything that Officer (Mrs. MCCASKILL). fact remains that the threat Hamas should be up is down. Alcoa is laying The PRESIDING OFFICER. The Sen- poses to Israel is an obstacle to any ne- off 13,500 people today. The word is out ator from Maryland. gotiation efforts. that they expected about 400,000 jobs to f I urge Israel and the Palestinians to be lost this month. They are reporting take advantage of the current efforts ISRAEL AND GAZA within the next few hours almost to broker a sustainable cease-fire and a 700,000 jobs were lost this month. Do Mr. CARDIN. Madam President, a na- negotiated peaceful settlement. Any you think we can work a weekend, tion’s first responsibility is to defend such cease-fire must include Hamas’ maybe take a Saturday vote or a Sun- its citizens against hostile threats. The ending its rocket and mortar attacks, day vote? I think we better do that. United States exercised that responsi- recognize its neighbor’s right to exist, Senators should cancel their travel bility when the Taliban Government of renounce violence, and honor all past plans this weekend. Afghanistan supported terrorist at- agreements in order to move toward a I have a family just like everyone tacks against our country. Israel has two-state solution based on mutual else does, and I would rather not be the responsibility to protect its citi- peace and security. here this weekend. But I want everyone zens from Hamas terrorist attacks. I yield the floor and suggest the ab- to understand—I am glad Republicans I am deeply saddened by the contin- sence of a quorum. The PRESIDING OFFICER. The are on their retreat. That is important. ued violence and loss of innocent lives clerk will call the roll. We are going to have one later on. I on both sides of the Israel-Gaza border. I strongly support Israel’s right to The legislative clerk proceeded to hope the staff will alert them that on call the roll. Sunday we are going to have a vote. I defend its citizens against threats to its security and its existence. I whole- Ms. KLOBUCHAR. I ask unanimous am sorry for the inconvenience, but as consent that the order for the quorum heartedly agree with President-elect President-elect Obama has said, there call be rescinded. Obama who defined the problem very are people out there who would like to The PRESIDING OFFICER. Without be able to work on Sunday. They would clearly: objection, it is so ordered. like to work anytime; they don’t have If somebody was sending rockets into my f jobs. Mr. President, 670,000 people this house, where my family slept at night I’m month have lost jobs. Think about going to do everything in my power to stop ECONOMIC STIMULUS that—670,000 people have lost jobs. that. Ms. KLOBUCHAR. Madam President, Mr. President I want to say just one The recent military action in Gaza is we all know the American economy is thing. This is Senator BYRD’s 50th an- in direct response to numerous rocket in a challenged state. That is a nice niversary. I spoke at some length yes- and mortar attacks from militants in way of putting it. I spent about a week terday about his record. I don’t want the Hamas-controlled Gaza, which have in December traveling around my this day to go by without having ac- killed and injured Israeli citizens and State visiting 22 counties, meeting knowledged the 50th anniversary of currently paralyzes the southern re- with people who had been working Senator BYRD’s service in the Senate. gions of Israel. three jobs, had their hours reduced, Senators will be coming to the floor Southern Israel cities have been the were afraid they weren’t going to be today to talk about Senator BYRD’s 50 target of over 4,000 rockets and thou- able to buy their grandkids Christmas years of service. At a later time, we sands of mortar shells since 2001, the presents. Letters coming to my office will put that into a document and have majority of which were launched after included a woman who said she inher- that available for the public and indi- Israel withdrew from Gaza in August ited a small amount of money from her vidual Senators. 2005. During the more recent 6-month dad. She thought that would go to her I suggest the absence of a quorum. truce, more than 215 rockets were daughter’s wedding, but instead it was The ACTING PRESIDENT pro tem- launched at Israel. Hamas has been ex- used to pay for her retirement because pore. The clerk will call the roll. tending the range of its striking capa- she had lost so much money from her The legislative clerk proceeded to bility, with new rockets supplied by retirement funds. We heard stories of a call the roll Iran. The Israeli Government now man and his wife who would put their Mr. TESTER. Mr. President, I ask knows that Hamas had acquired rock- daughters to bed at night and gather at unanimous consent that the order for ets that can reach Ashdod and even the the kitchen table, shaking their heads the quorum call be rescinded. outskirts of Beersheba. and wondering how they were going to The ACTING PRESIDENT pro tem- Hamas’ willingness to extend its make it. Those were the comments I pore. Without objection, it is so or- reach deeper into Israel and its overall heard when I was home in Minnesota in dered. failure to end attacks exacerbates the December. already fragile humanitarian situation f I also saw some optimism and hope for the residents of Gaza and under- as I traveled the State and saw the RECESS mines efforts to attain peace and secu- growing energy economy and heard the The ACTING PRESIDENT pro tem- rity in the region. As a result of the enthusiasm for our new President- pore. Under the previous order, the fighting, Gaza City and its main med- elect. Obviously, there was frustration Senate will recess until 2:15 p.m. ical center, Shiffa Hospital, have been with what has been going on with this Thereupon, the Senate, at 12:33 p.m., left without electricity and hospitals administration for the past 8 years and recessed until 2:15 p.m. and reassem- are pushed beyond their capacity to how they have not had a forward- bled when called to order by the Pre- handle the number of victims. Hamas thinking plan for the economy. People siding Officer (Mr. CARDIN). seems to care more about inflicting have hope that is going to change. The PRESIDING OFFICER. The Sen- damage on Israel than the protection I can tell there is widespread interest ator from Pennsylvania is recognized. and welfare of its own citizens. in the economic stimulus package pro- f Hamas poses a critical challenge to posed by the new President. There is the regional peace process. Labeled as widespread interest in my State for in- RECESS SUBJECT TO THE CALL OF a terrorist organization but holding frastructure spending, for the energy THE CHAIR seats in the Palestinian Government jobs. One thing I believe we need to de- Mr. CASEY. I ask unanimous consent and acting as the controlling authority vote some specific time to in the next that the Senate stand in recess subject in Gaza, the organization’s leaders en- few weeks—and I know the new Presi- to the call of the Chair. courage violence and cling to the belief dent is interested in this—is the idea of

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 222 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 looking not only at roads and bridges The overall reality is America has be- The penetration of telephone service and infrastructure but to look at tech- come an international laggard on actually took longer. In 1949, only 36 nological infrastructure, to figure out broadband. In 2000, the United States percent of America’s farms had tele- why we have had trouble competing ranked 4th among 30 nations surveyed phone service. That year, a telephone with countries around the world. in broadband subscribership, according amendment was added to the Rural When one talks to people in Park to the Organization for Economic Co- Electrification Act, which made loan Rapids, MN, who go maybe a mile out operation and Development. Today, the funds available to finance rural tele- of town, they can’t get on the Internet United States is 15th on the list. So in phone systems. In just a little more or it costs them $700 a month if they the last 8 years, we have gone from 4th than a decade, nearly 80 percent of are going to do satellite, or they can be in the world to 15th in the world. That farms had telephone service. stuck with dial-up that is so slow they is not the kind of progress that is going Even much of our modern transpor- can hardly use it, you get to under- to keep this country moving and get us tation infrastructure—including paved stand the need for better technological back on track. roads and steel and concrete bridges— infrastructure. What I finally figured According to the International Tele- has come into existence only in the out, after this 22-county tour—I had communications Union, the United past 70 years, thanks to both the New been trying to figure out why some States is now perched as 24th in the Deal and President Eisenhower’s Inter- companies say they are offering Inter- world in broadband penetration. Can- state Highway Program. Our broad- net service. I finally figured out what ada has a higher level of broadband band infrastructure presents us with the problem is. In many parts of my penetration and digital opportunity the same challenge to make sure no State, they may have Internet service, than we do. one is left behind. but it is either much too slow or much Broadband adoption in the United President-elect Obama understands too expensive. States does continue to grow—from 47 that broadband must now be considered As a country we have ensured that percent of homes in March 2007 to 55 a basic part of our national infrastruc- every American has access to tele- percent in April 2008. But the figure is ture. He also understands that invest- phone service and electricity regard- significantly lower for those living in ment in our broadband infrastructure less of economic status. We must now rural America: only 38 percent. is essential to our long-term pros- Of course, we have to consider more do the same for broadband Internet ac- perity. cess. Broadband not only creates edu- than just access, as I noted earlier. We A few weeks ago, in a weekly address, cational and health care opportunities, need to look at speed. We need to look President-elect Obama announced that it can create opportunities for busi- at speed if we are going to compete a key part of his economic recovery nesses and employment that would with countries such as India and Japan. plan would involve increasing broad- So we have work ahead of us. All of otherwise not exist in rural commu- band deployment and adoption, saying: nities. us understand broadband is a critical infrastructure for the 21st century. By It is unacceptable that the United States In these tough economic times, ranks 15th in the world in broadband adop- broadband deployment creates jobs— one estimate—to give you a sense of tion. not only the direct creation of jobs in what we are talking about, jobs—every On Monday of this week, I sent a let- the tech sector but also the creation of 1 percentage point increase in broad- ter to the President-elect applauding even more indirect employment oppor- band penetration per year would lead his efforts to include investment in our tunities by increasing access to broad- to the creation of nearly 300,000 new Nation’s information infrastructure as band. jobs. That is why it is essential that all After visiting 22 of Minnesota’s coun- communities, including our rural com- part of an economic stimulus package. ties, I convened a Broadband Round- munities, have the opportunity to take I also asked that he consider these table in my State on December 29. I advantage of the opportunities offered partnerships that we have seen work so heard firsthand from people about the by this 21st-century infrastructure. I well in our State, and that matching importance of making sure they have want these jobs in my State going to grants on the Federal level to work access to fast and affordable broad- Thief River Falls or Lanesboro or with the local communities would be band. We have had success stories in Crookston instead of going off to other one way to spur broadband develop- our State, as well. countries such as Japan and India. It is ment. One story I heard when I was out in that simple. I want these jobs to stay I finally asked him to look at the a small town in Minnesota—Sebeka— in the United States. We have seen the fact that this is not just about commu- they began diversifying early into cut- challenge before to make sure our rural nities that have no access, it is also ting-edge technologies, including fiber communities are not left behind as about communities that have bad ac- optic infrastructure, digital telephone technology develops. cess or slow access or too expensive ac- switching, cable and satellite TV, For example, there are still many cess. If we really want to get the broad- broadband Internet service to 100 per- Americans who can remember growing band infrastructure in place, we have cent of their customers. They have a up in homes with no electricity and no to make it work for everyone, just as very high percentage—I think 70 to 80 telephone service. In 1935, about 80 per- what Dwight D. Eisenhower did with percent—of people who are actually cent of all homes and towns and cities the highway system in the 1950s, and purchasing this high-speed Internet in in the United States had electricity, just as President Roosevelt did with a very small town in a remote area of but fewer than 12 percent of farms in rural electrification in the 1930s and Minnesota. America had electricity, and only 1940s. The government of Carver County, about 25 percent had telephone service, I believe any economic stimulus MN, is leading a collaborative effort to which was often unreliable. package must include mechanisms de- interconnect county facilities with cit- In 1935, President Roosevelt created signed to bring affordable and fast ies, school districts, townships, and the Rural Electrification Administra- broadband to this country. An eco- other entities in the development of tion, REA. The REA helped organize nomic stimulus package should fully high-speed communications. and support farmer-owned electric co- fund the Broadband Data Improvement Through a number of funding and operatives to bring electricity to Act, which I cosponsored and which technical assistance programs, Min- farms. By 1949—this was from 1935 to passed last Congress. nesota’s Blandin Foundation’s Broad- 1949—more than three-quarters of all Any economic stimulus package, as I band Initiative has worked in rural farms in America had electricity. So mentioned, must also fund matching Minnesota communities to educate with those standards that were put in grants for community-level partner- community leaders and to get these place, it went from 12 percent to 75 per- ships that demonstrate strong coopera- partnerships started. cent. That is an amazing achievement tion among local governments, busi- Despite these local success stories, during a time of crisis because people nesses, schools, health care, and oth- however, much more needs to be done. believed you could get this done. ers.

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 223 Finally, one aspect of the Nation’s were sitting in our weekly caucus— I salute my good friend from West information infrastructure that may that the senior member of our party Virginia. I look forward to serving with continue to elude us absent some type here in the Senate and the most senior him for years to come. of Federal involvement is the creation Member of the Senate, and the senior Mr. ROCKEFELLER. Madam Presi- of an advanced, interoperable commu- Senator from West Virginia, the distin- dent, I rise today to honor a giant of nications network for public safety. guished ROBERT C. BYRD, has now the Senate, my colleague and the sen- I still remember hearing when one of served 50 years which is an all time ior Senator from West Virginia, ROB- our police officers was shot and killed record as the longest serving Senator ERT C. BYRD. in St. Paul, MN, how those who were in our country. Yesterday we watched a number of trying to apprehend the person, the I have had the privilege of serving be- new Senators take an enormously im- murderer in this case, were trying to side Senator BYRD for 34 years and am portant oath to serve our country and communicate. When they were up in proud to call him a very good friend. to defend our Constitution. I was in- the helicopter, they literally had to When I first came to the Senate as a cluded in taking that oath and I have multiple walkie talkies and tele- new Member, it was ROBERT BYRD who couldn’t help but think of my new col- phones, sometimes six or seven, to try took me aside and talked to me about leagues. If these new Senators are to match up with all the phone systems the rules of the Senate. Senator BYRD looking for an inspiration, a guiding that were in use across the area. took the time to speak about the rules light, or a model, the way that I did Well, since then we have had im- and history of the Senate, but he also some years ago, they need look no fur- provements in the large metropolitan talked about the customs, and prac- ther than the seat directly behind our area of the Twin Cities in our inter- tices of this body. He spoke of the way distinguished majority leader. operability, but we do not have that you treat each other, and how you In that seat they will find a man who kind of matching and that kind of co- treat members of the other party. He took that same oath that we did 50 operation in the rural parts of our also explained the customary order of years ago today. Senator BYRD has State, nor do we have it across the recognition, the kinds of courtesies taken that oath a total of nine times. country. you use and the importance of taking He has cast more votes than anyone in The first responsibility of govern- into consideration the needs of another the history of the Senate. He has held ment is to protect its citizens. The fact Senator. more leadership positions than anyone that our Nation’s police, fire, and other Senator BYRD and I have sat here in the history of the Senate. He has first responders, including those in our through inaugurations of Presidents, served longer than anyone in the Sen- rural areas, still do not have access to and we have traveled together to funer- ate. He has literally written the book such a network more than 7 years after als of colleagues with whom we have on the Senate and lived the story of the tragic events of September 11 is served. His late wife, Erma, and my the Senate over five decades. simply unacceptable. I believe consid- wife, Marcelle, were friends and would ROBERT C. BYRD is nothing short of a eration of this issue in the context of often ride together down to the Senate legend. However, 50 years ago today he broadband stimulus measures may for Senate gatherings. I know I would was a young man from West Virginia present the best chance to address this always enjoy running into Erma and who married a coal miner’s daughter. He had spent 4 years in the West Vir- continuing problem. BOB in the grocery store in McLean, I join the President-elect and so VA. After a while, we would tend to ginia Legislature and 6 years in the many in this Senate in calling for 21st- forget what it was we had gone to the U.S. House of Representatives. century technology to create jobs and store for because we would be catching No one could know in 1959 that he help our economy be more robust and up on the news of the Senate. Through- would be a legend in 50 years. What they did know was ROBERT CARLYLE competitive in the long term. This is out it all, BOB BYRD has always had about creating immediate jobs, and we that great sense of what it means to be BYRD was an ambitious self-starter can get that with technological infra- a Senator. who would put himself through law structure. But it is also about creating school while serving in the U.S. Con- I said many times on the floor of this jobs in a way that leaves us with some- gress. Senate that there are only 100 of us thing that will actually move this They knew Senator BYRD was always who have the privilege at any given economy forward. willing to help a colleague and to pro- time to serve here and the American This technological infrastructure, vide advice and guidance. people. BOB BYRD has always under- whether it be the electricity grid or In 1959 they knew ROBERT BYRD had stood that better than most of us ever whether it be the broadband I have spo- married his grade school sweetheart— will. We can be and should be the con- ken about today, is really our rural Erma Ora—who would stand with him science of the Nation. electrification. It is our interstate her entire life and was just as beloved highway program. It is our genera- We are, above all, a Senate of reason- as he was in West Virginia and in tion’s chance to build this infrastruc- able men and women who live by very Washington. Senator BYRD always ture in a way that will fit the changing specific rules, and we hurt both the knew Erma’s greatness saying she was needs of this country and allow us to Senate and the country if we ignore not only his wife but his best coun- compete on the world stage. those rules. So many times I have selor. Madam President, I yield the floor heard Senator BYRD, who would see us Speaking of West Virginia, the Sen- and suggest the absence of a quorum. moving away from the rules which ate knew from his first days here that The PRESIDING OFFICER. The guide us, stand up to address the Chair he would advocate fiercely for the citi- clerk will call the roll. and remind each one of us what it zens of our State and throughout the The assistant legislative clerk pro- means to be a Senator, what it means years would bring prosperity to West ceeded to call the roll. to protect those principals and what it Virginia. Mr. LEAHY. Madam President, I ask means to serve this country. While they knew these things in 1959, unanimous consent that the order for Senators come and go. All of us will today we know Senator BYRD as the the quorum call be rescinded. at some time leave this body. But conscience of the Senate. We know him The PRESIDING OFFICER. Without those Senators who do the most to up- as the Senator with the greatest lon- objection, it is so ordered. hold and keep the functions and his- gevity. In West Virginia we now know f tory of the Senate alive are the ones him as the West Virginian of the 20th who will make it a better place for the century and I am glad the Nation has TRIBUTE TO SENATOR ROBERT next generation of Senators. Senator had the opportunity to get to know BYRD BYRD has authored histories of this Senator BYRD over these last 50 years. Mr. LEAHY. Madam President, I Chamber, but then he has also lived the I know my colleagues join me in con- couldn’t help thinking today, as we history of this Chamber. gratulating Senator BYRD on a record-

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 224 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 setting 50 years in the Senate. Senator, President pro tempore of this body, Guantanamo was explicitly created I wish you many more. Senator ROBERT BYRD. He has served in to be a separate and lesser system of Mr. DURBIN. Madam President, I the body for 50 years. I have had the justice, to hold people captured on or want to join Senator REID and all of privilege of working on the Appropria- near the battlefield in Afghanistan in- my colleagues in congratulating Sen- tions Committee with him. There has definitely. In 7 years, it has produced ator ROBERT BYRd on reaching yet an- been no one who has been more faithful three convictions, including Australian other historic milestone in his lifetime to the Constitution, to the goals of the David Hicks—who agreed to a plea bar- of public service. Senate or who has served this Senate gain to get off the island, and Osama In the history of the U.S. Senate, more honorably. I wish to say con- bin Laden’s driver, Salim Hamdan, only one Senator, ROBERT CARLYLE gratulations, Mr. Chairman. May you whose sentence is almost already up. BYRD, has served for 50 years. have many more years. The hard part about closing Guanta- A half century of service to his State, f namo is not deciding to go do it; it is our Nation, this institution, and our figuring out what to do with the re- LAWFUL INTERROGATION AND Constitution. That is a remarkable maining detainees. Under the Lawful DETENTION ACT achievement and one that we are not Interrogation and Detention Act, the likely to see again for a very long time. Mrs. FEINSTEIN. Madam President, approximately 250 individuals now Senator BYRD is, of course, a great I would like to speak—and I am joined being held there would be handled in student of history and the author of on the floor by my comember of the In- one of five ways. the definitive work on the history of telligence Committee, Senator RON No. 1, they can be charged with a the Senate. In fact, one could say that WYDEN, who will also speak on this crime and tried in the United States in ROBERT C. BYRD is Senate history. issue—about the bill that Senators the Federal civilian or military justice Senator BYRD has served with (not ROCKEFELLER, WYDEN and WHITEHOUSE systems. These systems have handled under, with) 11 Presidents—very soon and I introduced yesterday. It is the terrorists and other dangerous individ- to be 12 Presidents. Lawful Interrogation and Detention uals before and are capable of dealing He was the first U.S. Senator ever to Act. with classified evidence and other un- cast 15,000 votes, and he is the only I began this effort some time ago be- usual factors. Senator ever to cast 18,000 votes. cause I believe very strongly it is time Second, individuals could be trans- to end the failed experiment at Guan- Senator BYRD has served as majority ferred to an international tribunal, if leader, and held more leadership posi- tanamo. It is time to repudiate torture such a tribunal exists. tions than any Senator in history. and secret disappearances. It is time to Third, detainees could be returned to To help put the length of his service end the outsourcing of coercive inter- their native countries or, if that is not in perspective, consider a few facts: rogations to outside contractors. possible, they could be transferred to a I believe it is time to return to the When Senator BYRD cast his first different country. norms and values that have driven the vote in the Senate—on January 8, To date, more than 500 men have United States to greatness since the 1959—his colleagues included Senators been sent from Guantanamo to the cus- days of George Washington but have John Kennedy and Lyndon Johnson. tody of other countries. Recently, Por- been tarnished in the past 7 years. Vice President Richard Nixon was the tugal and other nations have suggested That is what both Senator WYDEN and Presiding Officer. Hawaii was not yet a they would be open to taking some of I hope this bill will do. State. And a state-of-the-art computer I have sent a copy of it to President- the remaining detainees as a way to would have taken up half of the space elect Obama’s transition team. I have help close Guantanamo. That is good of this Chamber and had roughly the had occasion to talk with him about it news. same amount of computing power as a and indicated that we look to work If there are detainees who cannot be Palm Pilot. closely with him. charged with crimes or transferred to He has been a candidate for election What this bill would do is require the the custody of another country, there 13 times—10 times as a candidate for President to close the detention facili- is a fourth option. If the Secretary of the Senate and 3 times as a candidate ties at Guantanamo Bay within 12 Defense and the Director of National for the House. He won every time. months. The need to close this facility Intelligence agree an individual poses And he has become perhaps the most is clear. Along with the abuses at Abu no security threat to the United popular political figure in West Vir- Ghraib, Guantanamo has been decried States, the U.S. Government may re- ginia history. He was named West Vir- throughout the world. It has helped our lease him. This may work, for example, ginian of the Century by the residents enemies recruit, it has reduced Amer- for the Chinese Uighurs remaining at of his home State. ica’s credibility worldwide, strained re- Guantanamo. I believe five or six Senator BYRD’s recent reelection to lationships with our allies, and created Uighurs have already been released. this body is a testimony to West Vir- a misguided dual legal system. The District Court for the District of ginians’ enduring respect and admira- Additionally, the Supreme Court now Columbia has ordered that the remain- tion for this proud son of ‘‘the Moun- has ruled four times that the proce- ing 17 Uighurs be released into our tain State.’’ dures put in place at Guantanamo are country. That decision has been stayed It is an honor to serve with this giant illegal. First, in Rasul v. Bush, the upon appeal. of Senate history, and to share with Court ruled the administration could Finally, for detainees who cannot be him this milestone. Again, I commend not hold detainees outside U.S. law on addressed in any one of the other four him and congratulate him. Guantanamo soil; second, Hamdi v. options, the executive branch could Madam President, I yield the floor, Rumsfeld, in which the Court ruled the hold them under existing authorities and I suggest the absence of a quorum. Government could not detain a U.S. provided by the law of armed conflict. The PRESIDING OFFICER. The citizen without due process and struck I believe these options provide suffi- clerk will call the roll. down the executive’s process of label- cient flexibility to handle the 250 or so The assistant legislative clerk pro- ing detainees as unlawful enemy com- people now being held at Guantanamo. ceeded to call the roll. batants; third, Hamdan v. Rumsfeld, in If the incoming Obama administration Mrs. FEINSTEIN. Madam President, which the Court struck down the ad- decides that other alternatives are I ask unanimous consent the order for ministration’s process for trying de- needed, I hope they will come to the the quorum call be rescinded. tainees outside the civilian legal sys- Congress, explain the specifics of the The PRESIDING OFFICER. Without tem or the Uniform Code of Military problem, and we will work toward a objection, it is so ordered. Justice; and most recently in joint legislative solution. Mrs. FEINSTEIN. Madam President, Boumediene, in which the Court ruled The three other provisions in the leg- I would like to offer my very sincere that detainees must be afforded habeas islation end parts of the CIA’s secret and heartfelt congratulations to the corpus. detention and interrogation program.

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 225 Some of the details of the program of the bill stopped it from becoming will take time to resume our place as are already publicly known, such as law. the world’s beacon of liberty and jus- the use of waterboarding on three indi- The President-elect agrees that we tice. But I deeply believe, and the co- viduals some years ago. Other aspects need to end coercive interrogations and sponsors believe, this bill will put us on remain secret, such as the other au- to comply strictly to the terms of the that path and start the process. thorized interrogation techniques and Convention Against Torture and the So I urge its passage. I ask unani- how they are used. Geneva Conventions. So we look for- mous consent to have printed in the There have been public allegations of ward to working with him to end this RECORD the history of this legislation multiple deaths of detainees in CIA sad story in our Nation’s history. and the matters it contains. custody. There was one conviction of a The third part of this legislation is a There being no objection, the mate- CIA contractor in the death of a de- ban on contractor interrogators at the rial was ordered to be printed in the tainee in Afghanistan, but other de- CIA. Now, this is interesting. Unlike RECORD, as follows: tails remain classified. the FBI, where FBI agents do their own LEGISLATIVE ACTIVITY ON GUANTANAMO AND But it is well known that on August interrogations, CIA agents do not carry CIA INTERROGATIONS 1, 2002, the Justice Department ap- out all their interrogations. They hire April 30, 2007: Introduced the first Senate proved coercive interrogation tech- contractors to do so. As General Hay- legislation to close Guantanamo (co-spon- niques, including waterboarding, for den has testified, the CIA hires and sors: Dodd, Whitehouse, Kennedy, Clinton, the CIA’s use. This, despite the fact keeps on contract people who are not Kerry). that the Justice Department has pros- intelligence professionals and whose July 11, 2007: Introduced amendment to close Guantanamo to the FY08 Defense Au- ecuted the use of waterboarding, and sole job is to break detainees and get thorization bill. Amendment blocked from the State Department has decried it them to talk. receiving Floor consideration. (co-sponsors: overseas. Now, I firmly and staunchly believe Harkin, Dodd, Clinton, Brown, Bingaman, The administration used what I be- that outsourcing interrogations, Kennedy, Whitehouse, Obama, Salazar, Dur- lieve to be faulty logic and faulty rea- whether coercive or more appropriate bin, Byrd, Biden, Hagel, Boxer, Feingold). soning to say that waterboarding was ones, to private companies is a way to December 5, 2007: Offered amendment to re- not torture. In fact, it is. diminish accountability. strict CIA to Army Field Manual interroga- We will never turn this sad page in I also believe the use of contractors tion techniques to the FY08 Intelligence Au- thorization conference report. Amendment our Nation’s history until all coercive leads to more brutal interrogations adopted, passed in conference report by techniques are banned and are replaced than if they were done by Government House and Senate, vetoed by President Bush with a single, clear, uniform standard employees. March 8, 2008. (amendment co-sponsors: across the U.S. Government. I cannot Think about it. You can have a set of Hagel, Whitehouse, Feingold). say that too strongly. interrogation practices and, dependent August 1, 2008: Introduced legislation re- That standard established by this upon who administers them and the stricting the CIA to the Army Field Manual, legislation is the interrogation set of length of time they are administered banning contractor interrogations, and pro- protocols outlined in the Army Field and the combination in which they are viding access to detainees to the ICRC (co- Manual. administered, they can have very dif- sponsors: Rockefeller, Whitehouse, Hagel, Feingold, Wyden). This is the field manual. It is not a ferent effects on an individual. January 6, 2009: Introduced legislation to casual document. It has been developed There are surely areas where paid close Guantanamo, restricting the CIA to and revised over a period of time. It contractors make practical and finan- the Army Field Manual, banning contractor contains 19 specific interrogation tech- cial sense. Interrogation, a form of col- interrogations, and providing access to de- niques. They work for the military and lecting intelligence, is not one of them. tainees to the ICRC (cosponsors: Rockefeller, operate under the same framework as The fourth and the final provision in Wyden, Whitehouse). the time-honored approach of the FBI. this legislation requires that the CIA Mrs. FEINSTEIN. Now I will defer to If the CIA would abide by its terms, it and other intelligence agencies provide my distinguished friend, my colleague, would work for the CIA as well. notification to the International Com- the Senator from Oregon, the Honor- These techniques were at the heart of mittee of the Red Cross, the ICRC, of able RON WYDEN. former FBI Special Agent Jack their detainees. Following notification, The PRESIDING OFFICER. The Sen- Cloonan’s successful interrogation of the CIA will be required to provide ator from Oregon is recognized. those involved in the 1993 World Trade International Red Cross officials with Mr. WYDEN. Madam President, I am Center bombing. They were also the access to detainees in the same way very pleased to be able to be out on the tools used by Special Agent George the military does. Senate floor today with our incoming Piro to get Saddam Hussein to provide Access by the ICRC is a hallmark of chair of the Intelligence Committee to the evidence that resulted in his death international law and is required by discuss this legislation. Senator FEIN- sentence. the Geneva Conventions. Access to a STEIN and I have sat next to each other We have powerful expert testimony third party and the ICRC, in par- on the Intelligence Committee now for that the Army Field Manual tech- ticular, was seen by the United States I think about 8 years. We have talked niques work against terrorist suspects. in 1947 as a guarantee that American about this issue on many occasions. I The manual’s use across the Govern- men and women would be protected if commend the Senator from California ment is supported by scores of retired they were ever captured overseas. for all of her leadership. generals and admirals, by GEN David I believe it still remains that guar- This is the right way to start off our Petraeus, and by former Secretaries of antee. committee on breaking with the last 8 State and national security advisers of We remain a nation at war, and cred- years of flawed policies that have been both parties. ible, actionable intelligence remains a of dubious effectiveness and dubious le- Majorities in both Houses of Congress cornerstone of our war effort. But this gality. I am very pleased, honored to be passed this provision last year as part is a war that will be won by fighting one of our cosponsors, and I note that of the fiscal year 2008 intelligence au- smarter, not sinking to the depths of our outgoing chair, Senator ROCKE- thorization bill. I offered that amend- our enemies. FELLER, is one of our cosponsors, and ment, as I believe Senator WYDEN will Our Nation has paid an enormous SHELDON WHITEHOUSE, the distin- remember, in the joint conference be- price because of these interrogations. guished Senator from Rhode Island, is tween the House and the Senate Intel- They cast shadow and doubt over our one of the cosponsors and is a great ad- ligence Committees, and it was added ideals and our system of justice. Our dition to our committee as well. So I to the bill. enemies have used our practices to re- thank the chair for all of her leader- It sends a clear message that we do cruit more extremists. Our key global ship. not support coercive interrogations. partnerships crucial to winning the What I think Senator FEINSTEIN has But, regrettably, the President’s veto war on terror have been strained. It touched upon, and very thoughtfully,

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 226 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 is, if you share our view that it is pos- them, and it increases the risk of abuse The combination of the clear lan- sible to fight terrorism ferociously for our prisoners. The fact that our guage in the Feinstein legislation we without compromising American laws worst enemies have horrifying and bar- discuss today and that President-elect or American values, you must, as Sen- baric methods for dealing with pris- Obama is looking at a comprehensive ator FEINSTEIN has correctly stated, oners does not, in my view, make these plan for dealing with the prisoners at you must be smarter in order to strike methods useful or legitimate. Guantanamo leaves me with a reassur- that balance in a dangerous world. I am confident that President-elect ance that there is a chance to close Regrettably, this administration has Obama is not going to engage in many this prison and do it in a responsible not been willing to show this sort of of the practices that we have seen in fashion that will protect America’s na- wisdom. All too often for the last 8 the last 8 years. But I certainly want tional security interests. years the administration has engaged to pass legislation that codifies these There are four of us who are spon- in complicated legal gymnastics to jus- important principles and makes sure soring this legislation. We have sought tify antiterrorism programs that, in that none of his future successors en- for many months to get these issues of my view, are of questionable effective- gage in these practices. That means interrogation and Guantanamo right. ness, questionable legality. Today, the you have to make the laws plain; you We have consistently tried to pursue incoming chair of our committee, Sen- have to make them strong. This legis- this in a bipartisan fashion. We are ator FEINSTEIN, is helping us with this lation will make them plainer and going to continue to do so in this ses- important legislation. The Lawful In- stronger than they are today. I would sion. terrogation and Detention Act is help- submit that is essentially what Sen- I believe, under the leadership of our ing us to right the balance and show ator FEINSTEIN has been working for all incoming chair, it is going to be pos- the country that with smart antiter- these past years. sible to get our Nation’s counterterror- rorism policies we can effectively fight I want to mention a couple of the ism program back on a firm legal and the war against terrorism and at the other provisions. I was struck by Sen- operational footing and prevent the same time restore our moral authority ator FEINSTEIN’s comment with respect mistakes of the past from being re- and protect our values. to the use of contractor interrogators peated. I will tell you, based on the informa- at the CIA. As Senator FEINSTEIN I yield the floor. tion I have seen again and again, and noted, we do not get to have a lot of The PRESIDING OFFICER. The Sen- what we are told by military leaders, open sessions in our Intelligence Com- ator from California. these coercive techniques simply are mittee. That is for obvious reasons; we Mrs. FEINSTEIN. Madam President, not effective. General Petraeus, for ex- are dealing with classified material. I thank the Senator. We are both west- ample, has discussed with respect to But I have felt, as Senator FEINSTEIN, erners. We did sit together for about 8 soldiers in Iraq, that coercive tech- very strongly about this topic and ac- years on the committee. As such, I niques may be usable in terms of forc- tually raised this concern with Admi- have had a chance to discuss a great ing someone to talk, but that does not ral McConnell at his confirmation deal about this topic. It is a matter of necessarily mean the person will say hearing to head our intelligence serv- very deep conscience and a sense of something that protects American se- ice. I remain concerned about this values of everything this Nation stands curity. issue, and that provision in the Fein- for, the thing that sets us apart from Senator MCCAIN, our distinguished stein legislation is especially impor- many other countries who pick people colleague from Arizona, has made tant, in my view, because interrogators up and do horrible things to them. We much of the same point. Certainly, the must be accountable. Under the clear don’t do that. We have always had such use of these techniques in a number of language with respect to these interro- pride in that. The Senator hit a nail on instances can be detrimental to our na- gators in the Feinstein legislation, the head. People may talk, but they tional security. Certainly, the tech- can say anything they want. It is not niques have discouraged allies in the that will be the case. Finally, let me comment on the pro- necessarily valuable. It is not nec- past from cooperating with us and, vision that closes the prison at Guan- essarily actionable intelligence. Some- frankly, in my view, they serve as tanamo. During the past 8 years, I was times it might be. But there are other something of a recruiting poster for concerned about the potential impact ways of doing this and not sacrificing our enemies. of this legislation and this provision. I the values we hold dear. The nearest One of the areas I hope to pursue in tool to achieve that is the Army Field the future, not as part of this legisla- was concerned at that point because it was not clear to me that President Manual. tion but working with our incoming It has been great for me to work with chair, working with our ranking mi- Bush had a competent plan for dealing with all of the prisoners currently held the Senator from Oregon, and I look nority member, Senator BOND, and the forward to working with him in the fu- administration of the President-elect, there. I was concerned that closing Guanta- ture. I thank him very much. is I hope to be able to declassify a sig- I yield the floor and suggest the ab- nificant portion of the history of this namo could simply lead to a massive upswing in extraordinary rendition. sence of a quorum. program, particularly the legal The PRESIDING OFFICER. The underpinnings of this program, so the Fortunately, President-elect Obama is working on a different strategy for clerk will call the roll. American people will actually be able The legislative clerk proceeded to dealing with those prisoners at Guan- to see that much of what has been done call the roll. in the last 8 years simply is not as ef- tanamo, so I no longer have the same Mr. WHITEHOUSE. Madam Presi- fective in the war against terrorism as concern that under his administration dent, I ask unanimous consent that the the American people deserve. we would simply have prisoners handed order for the quorum call be rescinded. Certainly, it is important to recog- over to foreign countries that would The PRESIDING OFFICER. Without nize that when Americans are captured torture them. I have long believed that objection, it is so ordered. abroad in the future, international if you looked at the intent of the Bush Mr. WHITEHOUSE. Madam Presi- standards of prisoner treatment, par- administration in this area, they dent, I ask unanimous consent that I ticularly the Geneva Convention, will sought to create a prison at Guanta- be allowed to speak for such time as I sometimes be the only shield they namo Bay that would be under U.S. may consume in morning business. have. These standards have evolved control but beyond the reach of U.S. The PRESIDING OFFICER. Without from hopeful ideals into widely ob- law. Now the Supreme Court has de- objection, it is so ordered. served rules of conduct, partly because finitively ruled that constitutional Mr. WHITEHOUSE. Thank you, the most powerful country on Earth protections apply to people at Guanta- Madam President. has led by example. namo Bay. So I would hope that even I come to the floor today to offer my Anytime our Government attempts the prison’s strongest advocates would support for S. 147, the Lawful Interro- to dodge these standards, it weakens say it serves no useful purpose. gation and Detention Act, which my

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 227 very distinguished colleagues, Senator they live by the terms of the Army 2007, the ICRC visited over half a mil- FEINSTEIN of California and Senator Field Manual. By contrast, we know lion detainees in 77 different countries WYDEN of Oregon, have just spoken that the CIA really did not know much to ensure respect for their life, dignity, about. about interrogations, that when they and fundamental right to judicial guar- This bill would do three very impor- got into the business, they had to learn antees. All of those notions are en- tant things. The first is force the clos- about it. The place they chose to learn shrined in our own Constitution. They ing of the interrogation and detention was from the SERE Program, a pro- are our national bedrock. activities at the Guantanamo Base. I gram designed to train American sol- Thirty-eight retired military leaders, have supported previous legislation diers, airmen, sailors and marines who distinguished generals and admirals, that would do this. I enthusiastically are likely to be captured by enemies have concluded that the ICRC access to support this legislation to do it. that engage in torture how to be pre- prisoners held by our Government is a The Bush administration has created pared for that, how to withstand it. So ‘‘critical measure to ensure continuing a pretty significant mess with the ac- for training purposes, to prepare them respect for the norm that [ICRC] access tivities down at Guantanamo. Unfortu- for these ordeals, they used the inter- must be provided to all captives in war- nately, some things you can snarl up so rogation techniques of despot, tyrant time.’’ This letter comes from battle- tightly that it becomes very difficult nations—North Korea, Communist field warriors and intelligence officers to unsnarl them, and I am afraid that China, Soviet Russia. For some reason, who participated in every major Amer- is exactly the situation with Guanta- that was where our intelligence com- ican conflict from World War II until namo. It will be difficult to unsnarl. It munity thought it needed to go for ex- today. One of them, less than 3 years is a real challenge for the incoming ad- pertise in how you interrogate pris- ago, was a member of our Joint Chiefs ministration. But it is vital that we do oners, never minding the fact that the of Staff. They understand that this is so because it has become a symbol to purpose of those despot regimes was important, and they understand why. the rest of the world of America’s de- not to interrogate prisoners and get ac- If we go down the corridors of history parture from our core principles. So I tionable intelligence information; it and survey the evil practices of tyrant am enthusiastically in support of that was to torture those prisoners so they regimes, we find one of their most no- provision. would say things and produce propa- torious methods of coercion and sub- Another provision would restrict our ganda for those tyrant regimes. jugation is holding prisoners secretly interrogation activities to those tech- So the notion that the military is a and incommunicado. From the niques that are permitted under the bunch of amateurs in intelligence who oubliettes of the Bourbon Kings of Army Field Manual. In effect, it would need the constraint of the Army Field France to Calcutta’s Black Hole, from end our embrace of enhanced interroga- Manual to prevent them from making the Gestapo’s secret prisons to the So- tion techniques—indeed, torture. amateur errors and the CIA is a bunch viet gulags, from medieval dungeons to In support of this notion, I would cite of clever, crafty experts who can oper- the bamboo cages of the Cambodian GEN David Petraeus, the Commander ate at a graduate level for all of this is killing fields, secret and anonymous of the Multi-National Force in Iraq in absolutely backward. imprisonment has always been the 2007, who at the time wrote a letter to The damage that has been done to hallmark of the despot. And now the all U.S. military forces in Iraq. In that our country by this decision is, in my Bush administration has stamped letter, he said this: opinion, incalculable. When I think of America with this shameful mark. Some may argue that we would be more ef- the choice that was made to go this Our military leaders who are in the fective if we sanctioned torture or other ex- road, I am reminded of a phrase of Win- best position to judge are pushing back pedient methods to obtain information from ston Churchill’s. He describes a bad and and saying ‘‘enough.’’ Why do they do the enemy. They would be wrong. Beyond dangerous decision that leads to wors- that? I think they do that because they the basic fact that such actions are illegal, ening consequences in this way. He de- are not beguiled by the force of arms. history shows that they also are frequently scribes it as going down ‘‘the stairway They live with the likelihood of armed neither useful nor necessary. Certainly, ex- which leads to a dark gulf. It is a fine conflict, of injuries, of fatalities. They treme physical action can make someone ‘‘talk;’’ however, what the individual says broad stairway at the beginning, but understand that we engage in that to may be of questionable value. In fact, our ex- after a bit the carpet ends. A little far- defend principles, and to give away perience in applying the interrogation stand- ther on, there are only flagstones, and those principles without a shot fired ards laid out in the Army Field Manual . . . a little farther on still these break be- accomplishes the very harm that we shows that the techniques in the manual neath your feet.’’ That is where we have a military, that we have intel- work effectively and humanely in eliciting stand now, in this dark, descending ligence services to protect us from. information from detainees. stairway, with flagstones crumbling What is it, we ask ourselves, that We have heard arguments that, well, beneath our feet and the world looking makes our country great? Whence com- you can’t really rely on military inter- on in horror at our departure from our eth our strength? For centuries, Amer- rogators. They don’t really know what core principles. I believe this legisla- ica has been called a ‘‘shining city on a they are doing. They are amateurish. tion will help turn us back away from hill.’’ We are a lamp in the darkness to They need the limitations of the Army that dark and descending stairway, other nations. One of our greatest Sen- Field Manual. By contrast, the interro- back into the light of our own best ators, our friend TED KENNEDY, on the gators of the CIA and of our intel- principles and the good will of our fel- occasion of I believe his 15,000th vote in ligence community are experts and low nations. this institution said America is not a much more sophisticated and adept and America has not only suffered griev- land, it is a promise. Torture, anony- don’t need to have the Army Field ous and lasting harm from this admin- mous detention, and secret cells break Manual restricting them, as if it is istration’s embrace of torture but also that promise, extinguish that lamp, some sort of a learner’s permit for in- from this administration’s embrace of and darken that city on a hill. terrogation. torture’s handmaiden. Torture’s Our strength as Americans comes If you look at the facts, the reverse is handmaiden, of course, is secret deten- from the fact that we stand for some- actually true. It is the military that tion. thing. Our strength comes from the as- has officers with literally decades of The bill Senator FEINSTEIN and Sen- pirations of millions of people around experience interrogating enemy pris- ator WYDEN are proposing would re- the globe who want to be like us, who oners, interrogating enemy prisoners quire the International Committee for want their country to be like ours, who in situations where their fellow sol- the Red Cross to have access to any want to believe in what we believe in. diers’ lives are on the line, where men prisoners held by the intelligence agen- Our strength comes when we embody and women will die or live because of cies. The ICRC has been visiting de- the hopes and dreams of mankind. Our the information they are able to elicit. tainees in connection with armed con- strength comes, as President Clinton Notwithstanding those high stakes, flict since 1915, nearly a century. In said, not from the example of our

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 228 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 power but from the power of our exam- that he was first sworn into the Sen- values and faith. His parents nurtured ple. ate. Senator BYRD is the longest serv- in ROBERT BYRD a lifelong passion for I believe Senator FEINSTEIN’s legisla- ing Senator in U.S. history, and he education and learning. He was valedic- tion will restore across this darkening truly is a living legend in this institu- torian of his high school class but too world the power of America’s example, tion that he loves so dearly and defends poor to go to college right away. Those turn us back from that dark and de- so fiercely. were the days before Pell grants and scending stairway, and restore us to The Almanac of American Politics Byrd scholarships. So he worked as a the place where America belongs as an says: ROBERT BYRD ‘‘may come closer welder in a shipyard, later as a butcher ideal and an example for other nations. to the kind of Senator the Founding in a coal company town. It took him 12 I appreciate Senator FEINSTEIN’s hard Fathers had in mind than any other.’’ years to save enough money to start work in putting this legislation to- I couldn’t agree more. He is a person college. He was a U.S. Senator when he gether. I appreciate the support of Sen- of wise and mature judgment, a patriot earned his law degree. ator WYDEN. with a deep love of his country. He is No other Member of Congress before Many months ago, I offered the first passionately loyal to the Constitution or since has started and completed law amendment in the Intelligence Com- and a fierce defender of the role and school while serving in the Congress. mittee that would apply the Army prerogatives of Congress and the Sen- But degrees don’t begin to tell the Field Manual to interrogation tech- ate in particular. story of the education of ROBERT C. niques used by our intelligence agen- Senator BYRD was once asked how BYRD. He is the ultimate lifetime learner. It is as though for the last 50 cies, and Senator FEINSTEIN was kind many Presidents he had served under. enough to cosponsor that amendment. He answered that he had not served years he has been enrolled in the Rob- ert C. Byrd school of continuing edu- We worked together in conference to under any President, that he had cation. You won’t get a better, more get that amendment passed into legis- served with 10 Presidents as a proud thorough education at any school, Har- lation that was subsequently vetoed. I member of a separate and coequal vard, Yale, or anywhere else. submitted the International Com- branch of Government. During his five Senator BYRD’s erudition has borne decades in this body, Senator BYRD has mittee of the Red Cross access provi- fruit in no less than nine books he has witnessed many changes our country sion last year. written and published over the last two has gone through. Think about it. Our I cannot find words strong enough to decades. He literally wrote the book on population since 1958 has grown by 125 explain the strength of my view about the Senate, a masterful four-volume million people. There have been new the things we sacrifice for whatever history of the institution that has be- technologies. small, short-term, tactical intelligence come a classic. What my colleagues I was thinking about this. In 1958, I advantage we may achieve from tor- may not know is that he also authored graduated from high school in Des ture and secret cells, assuming there a highly respected history of the Moines, IA. The year before the Rus- even are any. Most intelligence profes- Roman Senate. For those of us who sians had launched Sputnik, and we sionals believe that what you get from have been here—in my case 24 years— were trying to catch up. We had not es- torture is people who will say anything we have listened, either here on the tablished ourselves in space. I was out to get away from the pain. But let’s as- floor or later when we got television, of high school that summer, getting sume there is some value to it for the on closed circuit in our offices, to the ready to go to college. I found a job sake of argument. I cannot find words many speeches ROBERT BYRD gave strong enough to explain how over- working on this new construction about the Roman Senate, wonderful de- whelmed that small tactical value is by project called the interstate highway scriptions of the Roman Senate and the loss of our reputation and our system which was just beginning at how it operated. We could hear how he standing and the confidence and trust that time. Jet air travel was just start- weaved in the operations of our own ing. I remember my first flight. The of our friends and allies when we en- Senate. There are some who think ROB- airplane was propeller driven. We gage in behaviors that have been asso- ERT C. BYRD actually served in the ciated with despots and tyrants and the didn’t have jet aircraft. There were Roman Senate. But that part of the worst of history’s regimes. some in the military, but it hadn’t BYRD legend I can absolutely say is not Let’s put this behind us. Let’s sup- started for commercial air travel at true. port this bill. As we go through this that time. We had no computers, no I have talked at length about Sen- time of transition in American Govern- cell phones, and nine out of ten TV sets ator BYRD’s education because it ex- ment, let’s also go through a time of were black and white. That was 1958, plains why he is so passionate about transition in America’s reputation in the year ROBERT BYRD came to the ensuring that every American has ac- the world. Senate. There have been many changes cess to quality public education, both I yield the floor. I suggest the ab- that have happened over the last 50 K–12 and higher. The one thing Senator sence of a quorum. years. BYRD and I have in common is our fa- The PRESIDING OFFICER (Mr. Across this half century of rapid thers were coal miners with very little PRYOR). The clerk will call the roll. change, there has been one constant— formal education. Coming from a poor The assistant legislative clerk pro- Senator BYRD’s tireless service to this background, Senator BYRD believes, as ceeded to call the roll. country, his passion for helping bring do I, that a cardinal responsibility of Mr. HARKIN. I ask unanimous con- new opportunities to the people of West Government is to provide a ladder of sent that the order for the quorum call Virginia, and his dedication to this in- opportunity so that everyone, no mat- be rescinded. stitution, the Senate of the United ter how humble their background, has The PRESIDING OFFICER (Ms. States. a shot at the American dream. I said CANTWELL). Without objection, it is so Senator BYRD is a person of many ac- ladder of opportunity; I didn’t say an ordered. complishments and a rich legacy. But escalator. On an escalator, you get a f above all, I will mention his commit- free ride. You get on and you get a free ment to improving public education ride. But with a ladder of opportunity, TRIBUTE TO SENATOR ROBERT and expanding access to higher edu- you still have to exert energy and ef- BYRD cation, especially for kids from poorer fort and responsibility to get to the Mr. HARKIN. Madam President, I families. As many of my colleagues top. But with that ladder there have to want to join my colleagues today in know, ROBERT C. BYRD was raised in be rungs so you can actually climb. honoring the extraordinary service and the hardscrabble coalfields of southern The most important rungs on that accomplishments of the senior Senator West Virginia. That is one thing he and ladder of opportunity involve edu- from West Virginia, the Honorable I have always talked about. My father cation, early childhood education, ROBERT C. BYRD. It was exactly 50 was a coal miner also in the State of Head Start programs, quality K–12 pub- years ago today, on January 7, 1958, Iowa. His family was poor but rich in lic schools, access to college and other

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 229 forms of higher education. During my Madam President, I yield the floor the 110th Congress at the request of the 24 years in the Senate, no one has and suggest the absence of a quorum. majority leader. Most of these provi- fought harder for public education than The PRESIDING OFFICER. The sions were included in the Advancing Senator ROBERT BYRD. As chairman of clerk will call the roll. America’s Priorities Act—S. 3297—in the Appropriations Committee, he has The assistant legislative clerk pro- the 110th Congress. They include: the been the champion of education at ceeded to call the roll. Christopher and Dana Reeve Paralysis every turn, fighting to reduce class Mr. REID. Mr. President, I ask unan- Act, subtitle B of title I of S. 3297; four size, improving teacher training, bring- imous consent that the order for the parts of subtitle B, relating to oceans, ing new technologies into the class- quorum call be rescinded. of title V of S. 3297; and title VII of S. room, boosting access to higher edu- The PRESIDING OFFICER (Mr. 3297, relating to the authorization of a cation. WHITEHOUSE). Without objection, it is greenhouse facility for the Smithso- In 1985, my first year in the Senate, so ordered. nian Institution. These provisions were he created the only national merit f determined not to constitute ‘‘congres- based college scholarship program OMNIBUS PUBLIC LAND MANAGE- sionally directed spending items’’ in funded through the U.S. Department of MENT ACT OF 2009 RULE XLIV the Advancing Amercia’s Priorities Education. Congress later named them COMPLIANCE Act. See 154 Cong. Rec. 16573–74, July in his honor. Originally, the Byrd 26, 2008. scholarships consisted of a 1-year $1,500 Mr. BINGAMAN. Mr. President, pur- In addition, I have added the Coastal award to outstanding students. Today, suant to rule XLIV of the Standing and Estuarine Land Conservation Pro- Byrd scholarships provide grants of up Rules of the Senate, I hereby certify gram Act, H.R. 1907 in the 110th Con- to $6,000 over 4 years. How many kids that, to the best of my knowledge and gress, and the Smithsonian Institution of meager means, coming from low-in- belief, the Omnibus Public Land Man- Facilities Authorization Act of 2008, come families but very bright, very ca- agement Act of 2009 does not contain H.R. 6627 in the 110th Congress, at the pable, have received these Byrd schol- any limited tax benefits, limited tariff request of the majority leader. The arships which got them through col- benefits, or congressionally directed grant program established under Coast- lege. spending items, as those terms are de- al and Estuarine Land Conservation Senator BYRD has also been out- fined in rule XLIV. Program Act, section 12507 in the Om- spoken in challenging the current ad- Rule XLIV broadly defines the term nibus Public Land Management Act, ministration for failing to keep its ‘‘congressionally directed spending does not constitute a congressionally commitments under the No Child Left item’’ to include ‘‘ a provision . . . in- directed spending item because the Behind Act. To the last fiscal year, No cluded primarily at the request of a funds are to be allocated through a Child Left Behind has been under- Senator . . . authorizing . . . a specific competitive grant process. The author- funded since 2002, when it first came amount of discretionary budget au- izations in the Smithsonian Institution into existence. It has been underfunded thority . . . for . . . expenditure with Facilities Authorization Act, sections by over $70 billion. or to an entity, or targeted to a spe- 15101 and 15102 of the Omnibus Public Think what that would mean for our cific State, locality or Congressional Land Management Act, do not appear local school systems in America had we district, other than through a statu- to constitute congressionally directed kept our commitment to funding No tory or administrative formula-driven spending items because they were re- Child Left Behind. But I will tell you or competitive award process.’’ quested by the Board of Regents of the this: It would have been a lot worse if The Omnibus Public Land Manage- Smithsonian Institution, and because Senator BYRD had not been here on our ment Act of 2009 is a collection of over they originated in the House of Rep- Appropriations Committee, either as 150 public land bills that were reported resentatives, where the committees of chairman or ranking member, spon- from the Committee on Energy and jurisdiction determined they did not soring the key amendments to boost Natural Resources during the 110th constitute congressional earmarks. See the funding above what the Bush ad- Congress, for which we have not been H. Rept. 110–842, part 1, at 5, 2008, Com- ministration had proposed. able to get unanimous consent to take mittee on House Administration, and Senator BYRD is a great student of up and pass during the 110th Congress. H. Rept. 110–282, part 2, at 4, 2008, Com- literature, and I am sure he knows I have included them in the Omnibus mittee on Transportation and Infra- ‘‘The Canterbury Tales’’—probably a Public Land Management Act of 2009 to structure. lot of it by heart, as he knows a lot of facilitate their early consideration in Finally, I have added the Shoshone- things by heart, by memory. Describ- the new Congress, and not ‘‘primarily Paiute Tribes of the Duck Valley Res- ing the Clerk of Oxford, Chaucer might at the request of a Senator.’’ ervation Water Rights Settlement Act, just as well have been describing ROB- Nevertheless, even though no Sen- H.R. 5293 in the 110th Congress, at the ERT C. BYRD. Here is what Chaucer said ator has specifically requested me to request of the majority leader. This act about the Clerk of Oxford: include a congressionally directed ratifies a water rights settlement Filled with moral virtue was his speech; spending item in the Omnibus Public among the Shoshone-Paiute Tribes of And gladly would he learn and gladly teach. Land Management Act of 2009, in the the Duck Valley Reservation, indi- Madam President, Senator BYRD is a interest of furthering the transparency vidual water users, and the State of great Senator, a great American, a and accountability of the legislative Nevada. Section 8 of H.R. 5293, section great friend. He has both written our process, I have posted on the Web site 10807 of the Omnibus Public Land Man- Nation’s history and left his mark on of the Committee on Energy and Nat- agement Act, creates two trust funds it. ural Resources a complete list of all to settle the legal claims of the Sho- It has been an honor to serve both in provisions in the Omnibus Public Land shone-Paiute Tribes against the United the Senate and on his Committee of Management Act of 2009 that authorize States for compromising tribal water Appropriations with Senator BYRD for a specific amount of spending author- rights and failing to maintain the the last 24 years. The good people of ity that is targeted to a specific State Duck Valley Indian Irrigation Project. Iowa have now reelected me, so I will or locality, other than through a statu- They do not appear to constitute con- be here for another term. I look for- tory or administrative formula-driven gressionally directed spending items ward to serving with Senator BYRD in or competitive award process. The list because they were included to settle this body and on the Appropriations includes the name of the principal pending legal claims rather than ‘‘pri- Committee for many years to come. sponsors of the Senate bills in the 110th marily at the request of a Senator,’’ So today on this historic anniver- Congress that have been incorporated and because they originated in the sary, we honor his service, we express in the Omnibus Public Land Manage- House of Representatives, where the our respect and our love for this very ment Act. committee of jurisdiction determined remarkable Senator, ROBERT C. BYRD, In addition, I have added several that they did not constitute congres- from the great State of West Virginia. other non-public-land measures from sional earmarks. See H. Rept. 110–815

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 230 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 at 11, 2008, Committee on Natural Re- THE OMNIBUS PUBLIC LAND MANAGEMENT ACT trict, other than through a statutory or ad- sources. OF 2009—S. 22 ministrative formula-driven or competitive I ask unanimous consent that the list Provisions in the Omnibus Public Land award process: be printed in the RECORD. Management Act of 2009 authorizing appro- There being no objection, the mate- priations in a specific amount for expendi- rial was ordered to be printed in the ture with or to an entity or targeted to a RECORD, as follows: specific State, locality, or congressional dis-

Principal sponsor of Senate bill in 110th Cong. (or re- Section Program or entity State quester)

2501(b) ...... Rio Puerco Watershed ...... NM ...... Bingaman/Domenici 7101(c) ...... Keweenaw National Historical Park ...... MI ...... Levin 7111 ...... Women’s Rights National Historical Park ...... NY ...... Clinton 7405(g) ...... St. Augustine Commemoration Commission ...... FL ...... Martinez/Nelson 8001(h) ...... Sangre de Cristo National Heritage Area ...... CO ...... Salazar/Allard 8002(h) ...... Cache La Poudre National Heritage Area ...... CO ...... Allard/Salazar 8003(h) ...... South Park National Heritage Area ...... CO ...... Salazar 8004(h) ...... Northern Plains National Heritage Area ...... ND ...... Dorgan/Conrad 8005(h) ...... Baltimore National Heritage Area ...... MD ...... Mikulski/Cardin 8006(i) ...... Freedom’s Way National Heritage Area ...... MA & NH ...... Kerry 8007(h) ...... Mississippi Hills National Heritage Area ...... MS ...... Cochran 8008(h) ...... Mississippi Delta National Heritage Area ...... MS ...... Cochran 8009(i) ...... Muscle Shoals National Heritage Area ...... AL ...... none 8010(h) ...... Kenai Mountains—Turnagain Arm NHA ...... AK ...... Murkowski 8201(c) ...... Quinebaug & Shetucket Nat. Heritage Corridor ...... CN ...... Dodd 9001(c) ...... Snake, Boise & Payette River Systems Study ...... ID ...... Craig 9002(b) ...... Sierra Vista Subwatershed Study ...... AZ ...... Kyl/McCain 9003(c) ...... San Diego Intertie Study ...... CA ...... none 9101(c) ...... Tumalo Irrigation Project ...... OR ...... Smith/Wyden 9102(d) ...... Madera Water Supply Project ...... CA ...... Feinstein 9103(e) ...... Eastern New Mexico Rural Water Project ...... NM ...... Bingaman/Domenici 9105(b) ...... Jackson Gulch Rehabilitation Project ...... CO ...... Salazar/Allard 9106(g) ...... Rio Grande Pueblos ...... NM ...... Bingaman 9108(j) ...... Santa Margarita River ...... CA ...... none 9109(a) ...... Elsinore Valley Municpal Water District ...... CA ...... none 9110(a) ...... North Bay Water Reuse Authority ...... CA ...... Feinstein/Boxer 9111(a) ...... Prado Basin Treatment Project ...... CA ...... Feinstein 9112(b) ...... Bunker Hill Groundwater Basin ...... CA ...... Feinstein 9114(a) ...... Yucaipa Valley Water District ...... CA ...... none 9301(3) ...... San Gabriel Basin Restoration Fund ...... CA ...... none 10009 ...... San Joaquin Restoration Settlement ...... CA ...... Feinstein/Boxer 10203 ...... Friant Division Improvements ...... CA ...... Feinstein/Boxer 10501 ...... Reclamation Water Settlement Funds ...... NM ...... Bingaman/Domenici 10609 ...... (a) Navajo-Gallup Water Supply Project ...... NM ...... Bingaman/Domenici 10609(b) ...... San Juan Conjunctive Use Wells ...... NM ...... Bingaman/Domenici 10609(c) ...... San Juan River Irrigation Projects ...... NM ...... Bingaman/Domenici 10609(d) ...... Other Irrigation Projects ...... NM ...... Bingaman/Domenici 10702(f) ...... Navajo Nation Water Trust Fund ...... NM ...... Bingaman/Domenici 10807(b) ...... Duck Valley Development Fund ...... NV ...... Reid/Ensign 10807(c) ...... Duck Valley Maintenance Fund ...... NV ...... Reid/Ensign 12107 ...... National Institute for Undersea Science and Technology ...... MS ...... Reid (Cochran) 13006 ...... National Tropical Botanical Garden ...... HI ...... Akaka 15101 ...... Smithsonian Institution Mathias Laboratory ...... MD ...... Leahy (Dodd) 15102 ...... Smithsonian Institution Panama Laboratory ...... Panama ...... Leahy (Dodd) 15103 ...... Smithsonian Institution greenhouse ...... MD ...... Reid (Leahy/Dodd) h IDAHOANS SPEAK OUT ON HIGH Thank you for your newsletter regarding parties are responsible, but blaming does not ENERGY PRICES the current problem of gasoline prices. I am get the job done. a widow living on Social Security income. It is embarrassing to read that France has Mr. CRAPO. Mr. President, in mid- My car is a 1981 Volvo. Driving my car has developed their nuclear power while we just June, I asked Idahoans to share with almost come to a standstill. I drive only for sit and talk about it. It is sad knowing that me how high energy prices are affect- necessities. I feel like a bear hibernating foreign countries are acquiring leases to drill ing their lives, and they responded by over the winter. The idea of buying a new car for oil in our backyard, while we just sit and the hundreds. The stories, numbering with better mileage is out of the question for watch what is going on in the Gulf of Mexico well over 1,200, are heartbreaking and me. and grumble about it. It is humiliating to touching. While energy prices have As to the things our Nation should be hear those who say we are becoming a third world nation. Americans are known for their dropped in recent weeks, the concerns doing—these include drilling for oil wherever available, using oil shale, developing nuclear innovation. expressed remain very relevant. To re- Gasoline prices are affecting food prices, power, windmills, biofuels. Using corn for spect the efforts of those who took the small businesses and the cost of all goods ethanol is the craziest idea of all. The com- opportunity to share their thoughts, I and services. Independent truckers are suf- modities market is hitting new highs almost fering. We rely on them for delivery of our am submitting every e-mail sent to me daily. With the floods in Iowa, we cannot af- food and goods to market. If their numbers through an address set up specifically ford to use corn for oil. The animals that decrease because of their cost of doing busi- for this purpose to the CONGRESSIONAL need corn for food are affecting our prices in ness, it will cause an additional increase in RECORD. This is not an issue that will the grocery store. Get rid of regulations that prices or possibly the disappearance of some be easily resolved, but it is one that de- cause energy companies to take years to de- goods. I do not think we want that to happen velop energy or cause no action because of serves immediate and serious atten- to our food supplies. the red tape of government. tion, and Idahoans deserve to be heard. The time has come to act. Now is the time. Their stories not only detail their Blaming the oil companies for so-called ob- We must not waste time. The public is beg- struggles to meet everyday expenses scene profits is nonsense. Taxes on gasoline ging for some common sense to solve these but also have suggestions and rec- are more than profits per gallon of gas that problems. Egos must be ignored lest we suf- ommendations as to what Congress can the oil companies collect. Exxon has even fer more. Corporate America knows how to said that they are closing some stations be- solve these problems. Do not hinder them do now to tackle this problem and find cause of non profit. It is sad that many do solutions that last beyond today. I ask any more with government red tape. not understand the basics of economics. LAVERGNE, Hayden. unanimous consent to have today’s let- The American public has spoken. Stop lis- ters printed in the RECORD. tening to the environmentalists. Because Our family lives about 30 miles from Idaho There being no objection, the mate- there has been no foresight, we are suffering Falls where we do most of our business. My rial was ordered to be printed in the now for the lack of action by those in the daughter and I also drive about 32 miles each RECORD, as follows: past who we elected to represent us. Both way to our places of work so we are impacted

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 231 every day. Our best guess is that we are gress became accountable for the restric- heart patient; I am a declining COPD pa- spending about $400 per month more now tions they have placed on exploration and oil tient. We are on a fixed income (Social Secu- than we did when gas was $2 per gallon. So production. Do all you can to help this situa- rity) and are both under the care of special- far our response has been to curtail vacation tion. ists, who practice in Missoula, Montana, 170 traveling and reduce other unnecessary pur- BOYD and LADENE, Ucon. miles away. We cancelled our appointments chases. last month with our doctors because we sim- Solutions (in order of preference): While the rise in petroleum prices is cer- ply do not have the money for gas. It is a sad 1. Pursue increased domestic oil drilling tainly a hardship to many people in Idaho, I state of affairs when a person cannot afford including off-shore and ANWR and encourage do not know what else would have finally to visit their physician because gas is (as of construction of more refineries. I believe en- prompted a serious discussion about alter- today here in Salmon) $4.25. I think it is vironmental concerns have been greatly ex- nate energy sources and about seriously con- time to start drilling. Perhaps even open aggerated and need to be evaluated based on serving energy. I usually ride a bicycle to some of our reserves. their cost effectiveness relative to their im- work and drive an 18-year-old Honda Civic, Thank you for offering this site for folks pact on the cost of living versus risk to our which gets 44 mpg on the highway. If the en- like us to share the hardship this is causing quality of life. tire U.S. auto fleet got similar mileage, I be- not only in our lives but everyone in our 2. Pursue alternative energy sources only lieve we could drastically cut our oil im- community. as far they are cost-effective. If bio-fuels ports. The technology for more fuel efficient CONNIE. need to be subsidized in order to maintain vehicles has been around for quite a while— production, they are obviously not cost-ef- that technology has not been encouraged and One of the ways that my husband and I are fective. is currently not utilized. Here is an excerpt coping with the increasing gasoline prices is 3. Pursue nuclear power generation (we are from Miller’s Living in the Environment (8th that my husband is riding his motorcycle to 20 years behind). There is also potential for edition) textbook written 10 years ago: work to reduce gasoline consumption. What hydrogen as a by-product that could be used ‘‘Since 1985 at least 10 companies including I do not like about this situation is that it as an alternative to gasoline. I have doubts Volvo, Volkswagon, Renault, Peugeot, increases his chances for a fatal accident about wind generation as a cost-effective al- Honda, Mazda, Toyota and General Motors while commuting because of the increased ternative energy source, and I personally do have had peppy prototype cars that meet or danger of not being seen by the numerous not care for it is adverse effect on the nat- exceed current safety and pollution stand- other drivers in a high traffic time. ural beauty of Idaho’s landscapes. ards with fuel efficiencies of 67 to 138 mpg. If We should be using our own domestic re- 4. Pursue improved coal-fired electrical they were mass produced their slightly high- sources for oil in all ways possible (drilling generation. I also have serious concerns re- er costs would be more than offset by their and shale) and we should build nuclear power garding the apparent race to reduce CO2 fuel savings . . . We can have roomy, peppy, plants. France is a good model for very safe emissions at any cost when there is so little safe, gas sippers, but only if consumers begin and productive nuclear resources. real evidence that proves a correlation with demanding them and buying them. (p 452).’’ DEBRA, Boise. global warming (also unverified). With encouragement from the government, 5. Encourage more mass transit systems in we could do even better than this. However, Thank you for asking us everyday Ida- our larger cities and offer incentives for we do not seem to change our wasteful en- hoans how high fuel prices are affecting us their use. I was in San Diego, California last ergy behavior because it is logical or because on a daily basis. My husband and I were just week and the traffic was absolutely mind- it harms the environment. We do it because discussing this two days ago, about how and boggling. we have to and cannot afford to do other- where we can cut down in order to shift the 6. Encourage better individual planning wise. Only economic pressure will force us to dollars to gasoline. First off, we are retired and carpooling across the nation. There are let go of our addiction to driving 2–3 ton and on a fixed income; so that means when way too many of us making unnecessary SUVs, usually with only one person inside, the price of one thing goes up, another thing trips to the store and letting our kids drive commuting 20 miles to work and 1 mile to will have to go down. We spend an average of to school every day when we have buses the store when walking or biking would do. $100 a month on gas. That, I know, is small making the same trip, but I suppose this will People in Europe drive smaller cars and use compared to other Idahoans, and that is be- take care of itself eventually when the price much less oil per capita—but they have been cause we do not have to drive to work. of gas gets to around $6 per gallon. paying $5 or more per gallon for a long time. Since gas has doubled in one year, we have Thanks for asking and thanks for your Drilling more holes in the ground to extract to come up with another $100 a month to service to Idaho, the remaining reserves of oil in the U.S. fast- cover the increase. First, we ended our gym WADE, Hamer. er, would only serve to delay the change in membership, which was costing $45 a month. consumption of petroleum that we all must Well, that is as far as we got. We do not We are an independent pharmacy and offer make. Subsidizing alternative energy devel- know what else to cut down on. So we are in free delivery service to our customers. Medi- opment makes good sense. Solar, wind, and the hole $65 monthly. I am going to see if I care, Medicaid, uninsured and indigent cus- biofuels, along with conservation should re- can cut down on food, as I have seen the tomers are all included. We are seriously ceive highest priority. Nuclear power would prices of food going up, too. I know my elec- considering charging for this service or seem to be the best ‘‘bridging’’ source of en- tric bill, water bill, and gas bill will be going eliminating it all together due to excessively ergy—if it were not for the problem of han- up, too. It is very scary for us. high fuel prices. dling wastes. You might want to look at the Other things we are doing is grouping our Along with fuel cost, Medicare issues, such International Society of Doctors for the En- trips together. This does offer a challenge as slow pay and low pay, are making it real- vironment’s resolution on nuclear energy, due to logistics and time. And the impact of ly difficult to stay in business. We have no March 2007 (http://201.116.215.170/isde.org). this cannot be calculated by any means, so I control over our reimbursement prices and Further research on handling nuclear waste do not know what the effect of that will be. are told to take it or leave it. All of these should be encouraged before constructing Other things we are trying is not eating price increases must be passed on to the con- more nuclear power plants. Had we put sig- fast food anymore. This is upsetting espe- sumer somehow if we are to survive. Drug nificant effort and resources on alternate en- cially to me, because sometimes I just do not companies are raising prices too. ergy during the past 20 years, the adjustment have the energy or the desire to cook. Going Thanks for asking for input. to higher oil prices now would not have been to a fast food was my respite. KENT, Twin Falls. so painful. We will need to use a wide variety We also are not planning to make any day of energy sources to replace the declining trips to other cities in Idaho anymore. We We appreciate your concern about the ris- and increasingly expensive petroleum. Peo- are new residents of Idaho, and wanted to ex- ing costs of energy. As you say in Idaho we ple will adjust to the higher prices of gaso- plore its beauty this summer, when the live quite a distance from most of the things line by car pooling, taking public transpor- weather was warmer. Last year, we were able we do. So the rising cost of gas has made a tation, moving closer to work, buying more to drive to Bogus Basin, Silver City, McCall, big impact on what we spend for transpor- fuel efficient vehicles, making less needless and Tamarack, and also explore the Boise tation. We would encourage you to do what- trips, and many other ways. I recognize that National Forest. After all, is not that what ever is necessary to make the changes in the this is not the kind of personal story about retirement is supposed to be? However, we current laws to allow exploration and drill- how high oil prices are hurting me, but I stopped talking about those trips. We even ing for oil including oil shale process. We thought you should be aware of a different opted not to go to the next city over, Eagle, have billions of gallons that cannot be view of the oil price crisis. to experience our first Eagle Days fair, due tapped because of all the government red Thank for asking for input. to the drive. tape. We have supported the foreign sup- ROGER. In other words, Senator, our driving today pliers long enough. Many of them are sup- has been limited to just essential places, porting terrorists who are enemies to us and My husband and I live in Salmon. He will such as the grocery store and taking our our way of life. It is way passed time Con- be 69 June 22nd; I am 70. He is a recovering Labradors to the nearby creek for a swim,

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 232 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 which is the highlight of their day and we curity—a diversified portfolio of energy The student volunteers who make just cannot take that away from them. sources—not continued investment in a de- this organization run find time outside We were planning on buying life insurance livery system that is outmoded, wasteful, of their rigorous course work to not for my husband, who is 63 and 13 years older and polluting. I am stretched in this econ- only be on call but also to complete than I am. Currently he has no life insur- omy, but I would gladly put out the extra ance. We are newlyweds (just 1 year), and I money for the long term solution of im- hundreds of hours of Emergency Med- am always worried about what will happen proved air quality (have you seen the brown ical Technician training and Fire- to me when he dies. We have bills to pay, and air over the Treasure Valley recently), cut- fighter training. While their class- the funeral costs alone average $7,000. After ting off money supply to unstable Mideast mates may be battling another school doing research comparisons, the best insur- regimes, and a chance for my son to have a on the ice, on the field, or on the ance we could get was $125 a month for just functional environment in which to live. court—St. Michael’s Fire and Rescue $100,000 of life insurance. We wanted to buy Please stop making short-term political de- members are risking their lives in real- cisions when you have the opportunity to more insurance, but at $125 a month, that life emergency situations, aiding the was all we can afford. Now, even that is on show true leadership and thoughtfully con- hold. That presents a daily worry for me, as sider how to achieve a sustainable future for sick, and putting out fires. Even during my husband is active and can get hurt any- our country. It is not too hard for us, for the holidays, when schools shut down time. heaven’s sake, we are Americans! and students usually go home to visit We must open up America for the oil com- LISA, Boise. with family, these students stand panies to dig. I am so upset with the current watch for their community. EPA guidelines, which seem to be more con- The cost for fuel oil has gone from $.60 per While I was at my family farm in cerned about protecting animals (like the gal. to over $4 per gallon, raising my month- ly heating costs in the winter from $85 to Middlesex this holiday season, I came caribou and the polar bear) than of the sur- across a Christmas Day Burlington vival of the human race, especially the elder- $353 per month. I also drive around 40,000 ly like my husband and myself. Quality of miles per year for my job and while costs Free Press article highlighting the sac- life? There is none anymore, but the caribou have skyrocketed, the business deduction rifice of these students. I ask unani- and the polar bears have a great quality of has not, which is, in fact, a tax increase to mous consent that the text of that ar- life, do not they? I remember my early Bible go with the punishing costs. To add to these ticle be printed in the RECORD. days when in Genesis, God told Adam, ‘‘All problems, my wife’s mother, who lives in Dil- There being no objection, the mate- lon, Montana, has cancer, and lives at her this is yours for your use’’ (paraphrasing). trailer home for now. She is on Medicaid, has rial was ordered to be printed in the Man is the highest earth form yesterday, limited options for care and depends on us RECORD, as follows: today, and always will be. I truly believe for many things. It is a six-hour drive. We [From the Burlington Free Press, Dec. 25, that everything around us is meant to be get reasonable good mileage but that coun- 2008] used to our advantage, with minimum and try, with the unpredictable weather, has a common sense protection. NO BREAK FOR STUDENTS ON RESCUE SQUAD negative impact on our 26 miles per gallon. I would also like to see a nuclear plant in (by Joel Banner Baird) The cost of the trip has gone from $100 to Idaho. We have so much land here, with the COLCHESTER.—Their classmates might de- $400 in just the last year and 1⁄2. My wife nearest civilization miles away. Nuclear light in holiday downtime: late nights, late stayed home and raised our children while I plants are safe. I know that. If having a nu- mornings, heavy meals and torpor. provided for them so she has no Social Secu- clear plant here in Idaho will help Idahoans On the night before Christmas, a student- rity. I am self-employed, so there is no re- staffed rescue squad at St. Michael’s College with lower energy costs, then that is what I tirement waiting except for what I can pro- remains on-call and alert—by choice. Time want. My husband agrees, too. If the other vide and I have used that to pay my taxes off will come to squad Capt. Kristen Dalton, states are too liberal or too scared to put one till it ran out. My wife was injured very up, then that is their problem. Right now, 21, later this week, after a 90-hour week at badly 21⁄2 years ago without insurance and I the College Parkway station. my concern is for me, my husband, and must pay the county back over the next 15 Idaho. Her fellow St. Mike’s seniors, Mark Peter- years. I realize that these things are adver- sen and Peter Cronin, both 21, opted for holi- Thank you so much for letting me speak. I sity and I can, with hard work and the bless- day duty, too. really appreciate that. In my last state, that ings of God, overcome them and still suc- is unheard of. That is one of the reasons I This is more than a club. The squad’s 20 ceed. The biggest obstacle in my way is the members are first-responders who you see love living in Idaho. very government that has sworn to uphold STELLA, Meridian. tending to car-wreck victims and heart-at- and defend the constitution that was in- tack patients. They respond to more than spired to protect me. Those who are bent on 2,700 calls every year from Chittenden Coun- A few years ago when we had another crisis a socialistic society are destroying my hope ty residents, most of them in Colchester, with fuel, the Feds stepped in and made a na- for a future and the hope of my children. Winooski and Hinesburg. Dalton looked tional speed limit to help conserve fuel. I RICHARD, Caldwell. think it is needed more now than then. Stiff cheerful on a slow Wednesday morning. enforcement penalties would need to be set f The biology major and pre-med student up for each state for enforcement. TRIBUTE TO ST. MICHAEL’S said she typically logs 40 to 50 hours per week at St. Michael’s Fire and Rescue. Also many years ago we had glass bottles COLLEGE STUDENT VOLUNTEERS and people employed in glass factories mak- Each volunteer, certified as an Emergency ing them. We could save a lot of petrol by Mr. LEAHY. Mr. President, I wish to Medical Technician, puts in at least 24 hours getting away from so much plastic. Glass is draw the attention of the Senate to a per week, including a 12-hour overnight shift far easier to recycle than plastic and it is re- group of selfless volunteers at St. Mi- at the station. ‘‘We hold ourselves to a 3-minute response usable. chael’s College in Colchester, VT, who time,’’ Dalton said. ‘‘I throw a jumpsuit over It is time [Congress got past partisanship sacrificed time with their families and my pajamas, I’m in my boots, and I’m out and figured out how to solve these problems]. friends this past holiday season to en- the door.’’ They should be paying us by now not the sure that Vermonters in need of emer- Like his captain, Petersen joined the squad other way around. Let us put an end to the gency services had someone to call as a freshman. He said the commitment financial handout to them and start using taught him how to juggle academic commit- those funds to build our own country. upon even on the Christmas holiday. St. Michael’s Fire and Rescue was ments. LUCIAN. founded in 1969 and has been staffed ‘‘It really, really forces you into time man- and operated by student volunteers agement,’’ he said. Thank you for your recent communication Another learning curve brought him up to regarding your vote on the climate change ever since. Donald Sutton, affection- speed as a member of a larger, adult commu- bill. I must say that I disagree with your de- ately known as ‘‘Pappy’’ around the nity. cision, despite being spared an increase in firehouse, helped start the organization ‘‘What we do here is a lot of consequence- gasoline costs. With 5 kilowatt-h/ sq meter of as dean and director of campus secu- based decision-making,’’ he said. ‘‘You see solar income, in addition to our hydro- rity following the untimely death of a the results of your actions right away. It electric power and category 4–5 wind, Idaho student athlete on campus. Nearly 40 makes you step back and say, ‘Hey—I’m not should be a net green energy exporter. Just years later, the organization serves as a kid anymore.’ ’’ because the oil companies, in times of record Interrupting him, a call came through dis- profits, decide to squeeze the consumer, does the primarily ambulance and fire serv- patch: An infant in Plattsburgh, N.Y., need- not mean we can make the short-sighted ice for a large portion of the State’s ed to be transported to Fletcher Allen. choice to think only with our wallets. We most populous region, Chittenden Petersen and Cronin did a final inspection need an energy policy that provides true se- County. of the neo-natal intensive care truck—one of

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 233 the station’s three ambulances—and headed She has been an active member of doing so, he has made Pennsylvania out to pick up a specialist at the hospital en The International Association of proud. Today I would like to recognize route to New York. Clerks, Recorders, Election Officials & and pay tribute to that service and his Christmas Eve’s activities would be any- ∑ body’s guess. Wrapped packages lay beneath Treasurers since 1981, serving as State long and successful career. a decorated tree in the ready room. Cronin’s director from Missouri for 10 years, f treasurer of IACREOT and special as- parents said they’d cook breakfast for the TRIBUTE TO JAMES A. TEGNELIA volunteers on Christmas morning. sistant to the president in 2004. Dalton said the squad would lose almost Charlene received her formal edu- ∑ Mr. LUGAR. Mr. President, today I half of its members after graduation. She’s cation from the University of Missouri, wish to honor the accomplishments already planning a spring recruitment drive. in Columbia, MO, where she majored in and leadership of Dr. James Tegnelia ‘‘This attracts a lot of different people— math and physics. for his service to the Defense Threat people who want to do something good with Reduction Agency—DTRA—and the their time,’’ she said. She and her husband Wade are the As if on cue, Kate Soons of Colchester, a parents of three married children, and Nunn-Lugar Cooperative Threat Reduc- self-described ‘‘lingering alum,’’ entered they have eight grandchildren. tion Program. DTRA is a 2,000-member with an overnight bag. She’d heard about the Charlene, congratulations on your combat support agency which is Plattsburgh call and wanted to provide well-deserved retirement and best charged by the Department of Defense backup. wishes for your future endeavors.∑ to safeguard the United States and its Soons served with the squad in the 1980s, allies from weapons of mass destruc- f and now is a nurse at Fletcher Allen. She tion. also coordinates regional emergency care TRIBUTE TO DICK HOXWORTH I have had the pleasure of working training, and keeps tabs on St. Mike’s grad- closely with Jim and DTRA in their uates who have chosen to stay active in the ∑ Mr. CASEY. Mr. President, I would field. like to take a moment today to recog- role as the primary implementers of Begun in 1969, the rescue squad is the busi- nize the career of journalist Dick the Nunn-Lugar program. I am thank- est volunteer ambulance unit in the state, Hoxworth who, after serving the resi- ful to have had such a strong ally in she said. dents of central Pennsylvania for 40 the fight against nuclear proliferation. ‘‘It’s a big family,’’ she said. years, retired from his post as anchor The agency is an integral actor in the Soons’ husband, Pete Soons, also served fight to reduce WMD proliferation with rescue volunteers as an undergraduate. on WGAL-TV on Christmas Eve. He directs the college’s department of public The longest serving anchor in the worldwide and has proven to be an ex- safety, overseeing campus security, rescue Harrisburg media market, Dick cov- traordinary source of leadership in re- and fire squads. ered some of the most newsworthy ducing the threats posed by weapons of Unlike the rescue volunteers, St. Michael’s events in the region’s history. Most no- mass destruction. 25 firefighters have an off-campus affiliation; tably, he covered the Agnes flood in Dr. James Tegnelia, of Albuquerque, they’re a battalion in the Colchester Center NM, has served as the Director of the 1972 and was one of the first reporters Volunteer Fire Company. Defense Threat Reduction Agency on the scene at the Three Mile Island Standing between a hose truck and an en- since February 2005, and will leave that gine, company firefighter Gary Zeno dis- nuclear accident. During the Vietnam post in February 2009, after 4 years of cussed hydrant fittings with freshman An- war he reported on the return of the dedicated service. Dr. Tegnelia’s ac- drea Dillner, 19. Still in training, Dillner will first American prisoners of war, as well complishments are as wide in scope as accompany squads as a rookie until she as the arrival of the first Vietnamese they are large in number, and for this qualifies for hands-on work. refugees to the United States. In the Nonetheless, she volunteered. we honor him today on the floor of the political arena, Dick Hoxworth covered After a briefing with Zeno, she headed up- U.S. Senate. stairs, past a wall-sized calendar of shift stories at both the Pennsylvania State Dr. Tegnelia was instrumental in in- schedules and birthdays, to take a nap. Capitol and the White House. stitutionalizing and integrating the Dalton, coffee in hand, looked as wide- Dick was a highly decorated news- awake as ever on the night before Christmas. mission of combating weapons pro- man. Over the course of his distin- liferation across the Department of De- f guished career, he received awards fense and in guiding agency support to ADDITIONAL STATEMENTS from the Associated Press, the Penn- the global war on terrorism. The inte- sylvania Association of Broadcasters, gration of Department of Defense mis- and was nominated for 29 regional sions in both fighting terror and WMD RETIREMENT OF CHARLENE DAVIS Emmy Awards, winning 3 times. proliferation has allowed both agencies ∑ Mr. BOND. Mr. President, today I ac- But simply listing Dick Hoxworth’s to share valuable resources and seek knowledge and pay tribute to Charlene accomplishments and accolades within common purpose in our efforts on both Davis’s dedication and service to the the field of journalism doesn’t tell his important fronts. people of Missouri as she retires from full story. Dick was an old-fashioned Jim has been a tireless champion of the Jackson County Election Board of ‘‘news man,’’ getting his start before international efforts to curb the pro- Election Commissioners after 34 years. blogs, the Internet, 24-hour cable news, liferation of nuclear weapons, and his During her tenure with the board, and live satellite feeds. However, as understanding of the threat of weapons Charlene has helped modernize our time went on, he did one of the most of mass destruction to our nation and election technology, improving the re- difficult things to do in a profession he U.S. interests abroad is unparalleled. liability and integrity of elections. transcended the changes that were tak- This expertise and dedication mani- Charlene had the opportunity to de- ing place in his field. Dick continued fested itself in a leadership role for the sign the program to implement punch broadcasting, writing, and reporting agency in the establishment of regional card voting; to design, implement, and even as the faces and technology and global nonproliferation partner- monitor the computerized database for around him changed with the times. ships. Working closely with the De- voter registration; and to implement Rather than be deterred by these partment of State, Dr. Tegnelia has the National Voting Rights Act, mak- changes, he embraced them and contin- been a vocal advocate of the Presi- ing modifications to the database to ued to thrive. dent’s Global Initiative to Combat Nu- conform. Charlene has been instru- Edward R. Murrow once said, ‘‘the clear Terrorism, a program designed to mental to making the voting process in newest computer can merely com- prevent terrorists and dangerous re- the State of Missouri a secure one. pound, at speed, the oldest problem in gimes from threatening the United Charlene was also implemental in se- the relations between human beings, States and its allies with the world’s curing the new electronic voting sys- and in the end the communicator will most deadly weapons. tem required by Help America Vote be confronted with the old problem, of I have had the opportunity to travel Act. As a sponsor of the Help America what to say and how to say it.’’ extensively with Dr. Tegnelia and the Vote Act, I express my gratitude to For 40 years, Dick Hoxworth knew experts at DTRA to Nunn-Lugar dis- Charlene in executing this program. what to say and how to say it And, in mantlement sites all over the world. I

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 234 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 remember fondly a trip we took just 2 combustibility. Finally, the pellets are of the electoral votes for President and Vice years ago. He joined Sam Nunn and I in burned, generating heat that can be President of the United States. celebrating the 15th anniversary of the used as a home heating source. The S. Con. Res. 2. Concurrent resolution ex- program on a trip to Russia, Ukraine, boiler has already been approved by the tending the life of the Joint Congressional Committee on Inaugural Ceremonies. and Albania. We enjoyed good con- Underwriters Laboratories and proven versation on the program’s significant reliable by the American Society of The message also announced that the contributions to international security Mechanical Engineers. In addition to House has passed the following joint and Nunn-Lugar’s future prospects in their dependability, wood pellets are resolution, without amendment: countries outside the former Soviet also environmentally friendly. S.J. Res. 3. Joint resolution ensuring that Union. Jim has been an immensely suc- The wood pellets have very little ash the compensation and other emoluments at- cessful leader and colleague in the content. Unlike traditional log fires, tached to the Office of Secretary of the Inte- rior are those which were in effect on Janu- fight to keep the United States safe burning pellets do not appear to create ary 1, 2005. and secure against the threats of weap- chimney deposits and in fact, burning ons of mass destruction. We are in- wood pellets creates no visible smoke. f debted for his service and honor his The only byproduct left after burning MEASURES PLACED ON THE commitment to this country. is wood ash, which is actually bene- CALENDAR I ask my colleagues to join me in ficial to garden and lawn soil. Wood The following bills were read the sec- wishing him good luck in his future en- pellets are a local renewable resource, ond time, and placed on the calendar: deavors and thanks for a job well and many of the pellets used by Maine done.∑ Energy Systems come from trees in the S. 1. A bill to create jobs, restore economic small Maine town of Athens. In this growth, and strengthen America’s middle f class through measures that modernize the way, Maine’s abundant forests can help HONORING MAINE ENERGY Nation’s infrastructure, enhance America’s reduce our Nation’s dependence on for- SYSTEMS energy independence, expand educational op- eign sources of energy, in particular portunities, preserve and improve affordable ∑ Ms. SNOWE. Mr. President, while Middle Eastern oil. The carbon foot- health care, provide tax relief, and protect many hold an idyllic notion of Maine print created by wood pellet burning those in greatest need, and for other pur- in the winter as a haven for skiers and stoves is only 28.6 lbs. per million Brit- poses. snow enthusiasts, Mainers know that ish thermal units, which ranks as one S. 2. A bill to improve the lives of middle the cold winter months bring with of the most efficient ways to heat a class families and provide them with greater opportunity to achieve the American dream. them many dangers, particularly when home. it comes to heating homes. That is why S. 3. A bill to protect homeowners and con- Maine Energy Systems is at the van- sumers by reducing foreclosures, ensuring I wish to recognize Maine Energy Sys- guard of the ‘‘green’’ product revolu- the availability of credit for homeowners, tems of Bethel, a small business that is tion, creating a product that is bene- businesses, and consumers, and reforming using technology and innovative think- ficial to the environment, saves con- the financial regulatory system, and for ing to help solve our Nation’s energy sumers money, and produces profits other purposes. crisis and keep Mainers warm during and jobs. Entrepreneurs in the purest S. 4. A bill to guarantee affordable, quality the State’s lengthy winter. sense of the word, Maine Energy Sys- health coverage for all Americans, and for other purposes. Maine Energy Systems is the product tems’ founders have provided our coun- of three men: Les Otten, Dr. Harry S. 5. A bill to improve the economy and se- try a tremendous opportunity for a curity of the United States by reducing the ‘‘Dutch’’ Dressler, and William better future. I wish Les Otten, Dr. dependence of the United States on foreign Strauss. They came together in 2007 to Harry ‘‘Dutch’’ Dressler, William and unsustainable energy sources and the brainstorm a way to reduce energy Strauss, and Maine Energy Systems risks of global warming, and for other pur- costs for Mainers and for the Nation. continued success as they help Mainers poses. When the trio formed Maine Energy save money, energy, and the environ- S. 6. A bill to restore and enhance the na- Systems they agreed that any solution ment. tional security of the United States. had to: Reduce dependency on foreign S. 7. A bill to expand educational opportu- f oil; be environmentally sensitive; be nities for all Americans by increasing access MESSAGE FROM THE PRESIDENT to high-quality early childhood education renewable; and be affordable. With and after school programs, advancing reform these goals in mind, they spent 14 A message from the President of the in elementary and secondary education, months researching every aspect of en- United States was communicated to strengthening mathematics and science in- ergy delivery and production. These ef- the Senate by Mrs. Neiman, one of his struction, and ensuring that higher edu- forts eventually bore fruit when they secretaries. cation is more affordable, and for other pur- poses. partnered with German manufacturer f Bosch to create a wood pellet fueled S. 8. A bill to return the Government to boiler system suitable for sale in EXECUTIVE MESSAGE REFERRED the people by reviewing controversial ‘‘mid- night regulations’’ issued in the waning days America. As in executive session the Presiding of the Bush administration. Bosch created a boiler fueled by high- Officer laid before the Senate a mes- S. 9. A bill to strengthen the United States grade wood pellets that are pumped sage from the President of the United economy, provide for more effective border through an automatic feeder into the States submitting nominations which and employment enforcement, and for other boiler itself. The wood pellets are made were referred to the Committee on purposes. directly from trees or from the byprod- Armed Services. S. 10. A bill to restore fiscal discipline and ucts of other wood manufacturing proc- (The nomination received today is begin to address the long-term fiscal chal- esses before undergoing a unique and printed at the end of the Senate pro- lenges facing the United States, and for exciting process. The wood is first other purposes. ceedings.) S. 33. A bill to amend the Internal Revenue dried, pulverized and forced under high f Code of 1986 with respect to the proper tax pressure through the holes in a die, a MESSAGE FROM THE HOUSE treatment of certain indebtedness discharged specialized manufacturing tool. The in 2009 or 2010, and for other purposes. holes force the wood into a tightly At 12:16 p.m., a message from the S. 34. A bill to prevent the Federal Commu- compact pellet shape that stores en- House of Representatives, delivered by nications Commission from repromulgating ergy without wasting space. These pel- Mrs. Cole, one of its reading clerks, an- the fairness doctrine. lets are extremely versatile and can be nounced that the House has agreed to f made from either hardwood or the following concurrent resolutions, softwood. without amendment: MEASURES READ THE FIRST TIME Once inside the boiler, the pellets are S. Con. Res. 1. Concurrent resolution to The following bill was read the first fanned in order to ensure maximum provide for the counting on January 8, 2009, time:

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 235 S. 22. A bill to designate certain land as President of the Senate on January 5, 2009; ceived in the Office of the President of the components of the National Wilderness Pres- to the Committee on Environment and Pub- Senate on January 5, 2009; to the Committee ervation System, to authorize certain pro- lic Works. on Environment and Public Works. grams and activities in the Department of EC–228. A communication from the Direc- EC–236. A communication from the Chief of the Interior and the Department of Agri- tor, Regulatory Management Division, Envi- the Publications and Regulations Branch, In- culture, and for other purposes. ronmental Protection Agency, transmitting, ternal Revenue Service, Department of the f pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the ‘‘Approval and Promulgation of Implementa- report of a rule entitled ‘‘Research Credit EXECUTIVE AND OTHER tion Plans; Texas; Control of Emissions of Claims Audit Techniques Guide: Credit for COMMUNICATIONS Nitrogen Oxides (NOx) From Cement Kilns’’ Increasing Research Activities IRC Section The following communications were (FRL–8758–8) received in the Office of the 41—Exhibit E’’ (LMSB–4–1208–057) received in President of the Senate on January 5, 2009; the Office of the President of the Senate on laid before the Senate, together with to the Committee on Environment and Pub- January 5, 2009; to the Committee on Fi- accompanying papers, reports, and doc- lic Works. nance. uments, and were referred as indicated: EC–229. A communication from the Direc- EC–237. A communication from the Chief of EC–221. A communication from the Pro- tor, Regulatory Management Division, Envi- the Publications and Regulations Branch, In- gram Analyst, Federal Aviation Administra- ronmental Protection Agency, transmitting, ternal Revenue Service, Department of the tion, Department of Transportation, trans- pursuant to law, the report of a rule entitled Treasury, transmitting, pursuant to law, the mitting, pursuant to law, the report of a rule ‘‘Approval and Promulgation of Implementa- report of a rule entitled ‘‘Applicable Federal entitled ‘‘Amendment of Class E Airspace; tion Plans; Georgia; Nonattainment New Rates—January 2009’’ (Rev. Rul. 2009–1) re- Big Spring, TX’’ ((Docket No. FAA–2008– Source Review Rules’’ (FRL–8757–9) received ceived in the Office of the President of the 0757)(Airspace Docket No. 08–ASW–13)) re- in the Office of the President of the Senate Senate on January 5, 2009; to the Committee ceived in the Office of the President of the on January 5, 2009; to the Committee on En- on Finance. Senate on December 11, 2008; to the Com- vironment and Public Works. EC–238. A communication from the Chief of mittee on Commerce, Science, and Transpor- EC–230. A communication from the Direc- the Publications and Regulations Branch, In- tation. tor, Regulatory Management Division, Envi- ternal Revenue Service, Department of the EC–222. A communication from the Assist- ronmental Protection Agency, transmitting, Treasury, transmitting, pursuant to law, the ant Secretary of the Army (Civil Works), pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Permitted dis- transmitting, pursuant to law, a report rel- ‘‘Approval and Promulgation of State Imple- parity in employer-provided contributions or ative to the economic benefits of rec- mentation Plans: Oregon; Salem Carbon benefits’’ (Rev. Rul. 2009–2) received in the reational boating in the Great Lakes basin; Monoxide Nonattainment Area; Designation Office of the President of the Senate on Jan- to the Committee on Environment and Pub- of Areas for Air Quality Planning Purposes’’ uary 5, 2009; to the Committee on Finance. lic Works. (FRL–8747–7) received in the Office of the EC–239. A communication from the Chief of EC–223. A communication from the Assist- President of the Senate on January 5, 2009; the Publications and Regulations Branch, In- ant Administrator, Office of Administration to the Committee on Environment and Pub- ternal Revenue Service, Department of the and Resources Management, Environmental lic Works. Treasury, transmitting, pursuant to law, the Protection Agency, transmitting, pursuant EC–231. A communication from the Direc- report of a rule entitled ‘‘Petroleum Indus- to law, a report relative to the Agency’s tor, Regulatory Management Division, Envi- try Overview Guide’’ (LMSB–4–1208–056) re- competitive sourcing activities during fiscal ronmental Protection Agency, transmitting, ceived in the Office of the President of the year 2008; to the Committee on Environment pursuant to law, the report of a rule entitled Senate on January 5, 2009; to the Committee and Public Works. ‘‘Extension of Cross-Media Electronic Re- on Finance. EC–224. A communication from the Direc- porting Rule Deadline for Authorized Pro- EC–240. A communication from the Pro- tor, Regulatory Management Division, Envi- grams’’ (FRL–8757–2) received in the Office of gram Manager of the Center for Medicaid ronmental Protection Agency, transmitting, the President of the Senate on January 5, and State Operations, Centers for Medicare pursuant to law, the report of a rule entitled 2009; to the Committee on Environment and and Medicaid Services, Department of ‘‘2, 4–D, Bensulide, Chlorpyrifos, DCPA, Public Works. Health and Human Services, transmitting, Desmedipham, Dimethoate, Fenamiphos, EC–232. A communication from the Direc- pursuant to law, the report of a rule entitled Metolachlor, Phorate, Sethoxydim, tor, Regulatory Management Division, Envi- ‘‘Medicaid Program; Disproportionate Share Terbufos, Tetrachlorvinphos, and Triallate; ronmental Protection Agency, transmitting, Hospital Payments’’ (RIN0938–AO45) received Technical Amendment’’ (FRL–8393–9) re- pursuant to law, the report of a rule entitled in the Office of the President of the Senate ceived in the Office of the President of the ‘‘Revisions to the Clean Water Act Regu- on January 5, 2009; to the Committee on Fi- Senate on January 5, 2009; to the Committee latory Definition of ‘‘Discharge of Dredged nance. on Environment and Public Works. Material’’; Final Rule’’ (FRL–8757–7) received EC–241. A communication from the Pro- EC–225. A communication from the Direc- in the Office of the President of the Senate gram Manager of the Center for Medicaid tor, Regulatory Management Division, Envi- on January 5, 2009; to the Committee on En- and State Operations, Centers for Medicare ronmental Protection Agency, transmitting, vironment and Public Works. and Medicaid Services, Department of pursuant to law, the report of a rule entitled EC–233. A communication from the Direc- Health and Human Services, transmitting, ‘‘Air Quality Designations for the 2006 24- tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled Hour Fine Particle (PM2.5) National Ambi- ronmental Protection Agency, transmitting, ‘‘Medicare Program; Surety Bond Require- ent Air Quality Standards’’ (RIN2060–AO02) pursuant to law, the report of a rule entitled ment for Suppliers of Durable Medical received in the Office of the President of the ‘‘Multiple Chemicals; Extension of Toler- Equipment, Prosthetics, Orthotics, and Sup- Senate on January 5, 2009; to the Committee ances for Emergency Exemptions’’ (FRL– plies (DMEPOS)’’ (RIN0938–AO84) received in on Environment and Public Works. 8392–3) received in the Office of the President the Office of the President of the Senate on EC–226. A communication from the Direc- of the Senate on January 5, 2009; to the Com- January 5, 2009; to the Committee on Fi- tor, Regulatory Management Division, Envi- mittee on Environment and Public Works. nance. ronmental Protection Agency, transmitting, EC–234. A communication from the Direc- EC–242. A communication from the Assist- pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- ant Secretary, Veterans’ Employment and ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, Training Service, Department of Labor, Implementation Plans; Texas; Attainment pursuant to law, the report of a rule entitled transmitting, pursuant to law, the report of Demonstration for the Dallas/Fort Worth ‘‘Approval and Promulgation of Air Quality a rule entitled ‘‘Priority of Service for Cov- 1997 8-Hour Ozone Nonattainment Area’’ Implementation Plans; The Metropolitan ered Persons’’ (RIN1293–AA15) received in the (FRL–8758–7) received in the Office of the Washington Nonattainment Areas; Deter- Office of the President of the Senate on Jan- President of the Senate on January 5, 2009; mination of Attainment of the Fine Particle uary 5, 2009; to the Committee on Health, to the Committee on Environment and Pub- Standard’’ (FRL–8759–7) received in the Of- Education, Labor, and Pensions. lic Works. fice of the President of the Senate on Janu- EC–243. A communication from the Direc- EC–227. A communication from the Direc- ary 5, 2009; to the Committee on Environ- tor of Interpretations and Regulatory Anal- tor, Regulatory Management Division, Envi- ment and Public Works. ysis, Employment Standards Administra- ronmental Protection Agency, transmitting, EC–235. A communication from the Direc- tion, Department of Labor, transmitting, pursuant to law, the report of a rule entitled tor, Regulatory Management Division, Envi- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, ‘‘Protecting the Privacy of Workers: Labor Implementation Plans; Illinois and Indiana; pursuant to law, the report of a rule entitled Standards Provisions Applicable to Con- Finding of Attainment for 1-Hour Ozone for ‘‘Approval and Promulgation of Air Quality tracts Covering Federally Financed and As- the Chicago-Gary-Lake County, IL–IN Area’’ Implementation Plans; West Virginia; Ambi- sisted Construction’’ (RIN1215–AB67) re- (FRL–8757–8) received in the Office of the ent Air Quality Standards’’ (FRL–8759–6) re- ceived in the Office of the President of the

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 236 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 Senate on January 5, 2009; to the Committee ervation System, to authorize certain pro- By Mrs. HUTCHISON (for herself, Mr. on Health, Education, Labor, and Pensions. grams and activities in the Department of CORNYN, Mr. BURR, Mr. ALEXANDER, EC–244. A communication from the Pro- the Interior and the Department of Agri- Mr. ENZI, and Mr. VOINOVICH): gram Manager, Office of Global Health Af- culture, and for other purposes; read the first S. 166. A bill to amend title VII of the Civil fairs, Department of Health and Human time. Rights Act of 1964 to clarify the filing period Services, transmitting, pursuant to law, the By Ms. CANTWELL (for herself, Mr. applicable to charges of discrimination, and report of a rule entitled ‘‘Office of Global ENSIGN, Mrs. MURRAY, Mr. REID, Mr. for other purposes; to the Committee on Health Affairs; Regulation on the Organiza- ALEXANDER, and Mr. NELSON of Flor- Health, Education, Labor, and Pensions. tional Integrity of Entities that are Imple- ida): f menting Programs and Activities Under the S. 23. A bill to amend the Internal Revenue Leadership Act’’ (RIN0991–AB46) received in Code of 1986 to permanently extend the elec- SUBMISSION OF CONCURRENT AND the Office of the President of the Senate on tion to deduct State and local sales taxes; to SENATE RESOLUTIONS January 5, 2009; to the Committee on Health, the Committee on Finance. The following concurrent resolutions Education, Labor, and Pensions. By Mr. KERRY (for himself and Mr. and Senate resolutions were read, and EC–245. A communication from the Chair- ROCKEFELLER): man, Merit System Protection Board, trans- S. 24. A bill to amend the Internal Revenue referred (or acted upon), as indicated: mitting, pursuant to law, a report entitled Code of 1986 to strengthen the earned income By Mr. LUGAR (for himself, Mr. ‘‘The Federal Government: A Model Em- tax credit; to the Committee on Finance. VOINOVICH, and Ms. MIKULSKI): ployer or a Work In Progress?’’; to the Com- By Mr. SANDERS: S. Res. 9. A resolution commemorating 90 mittee on Homeland Security and Govern- S. 25. A bill to ensure access to basic years of U.S.-Polish diplomatic relations, mental Affairs. broadcast television after the Digital Tele- during which Poland has proven to be an ex- EC–246. A communication from the Na- vision Transition, and for other purposes; to ceptionally strong partner to the United tional Executive Secretary, Navy Club of the the Committee on Commerce, Science, and States in advancing freedom around the United States of America, transmitting, pur- Transportation. world; to the Committee on Foreign Rela- suant to law, a report relative to the na- By Mrs. LINCOLN: tions. tional financial statement of the organiza- S. 26. A bill to amend the Internal Revenue f tion and national staff and convention min- Code of 1986 to reset the income threshold utes for the year ending July 31, 2008; to the used to calculate the refundable portion of ADDITIONAL COSPONSORS Committee on the Judiciary. the child tax credit and to repeal the sunset S. 1 EC–247. A communication from the General for certain prior modifications made to the At the request of Mr. REID, the name Counsel, Office of Justice Programs, Depart- credit; to the Committee on Finance. of the Senator from Ohio (Mr. BROWN) ment of Justice, transmitting, pursuant to By Mr. SCHUMER (for himself, Mrs. law, the report of a rule entitled ‘‘Public CLINTON, and Mr. KENNEDY): was added as a cosponsor of S. 1, a bill Safety Officers’ Benefits Program’’ (RIN1121– S. 27. A bill to establish the Daniel Webster to create jobs, restore economic AA75) received in the Office of the President Congressional Clerkship Program; to the growth, and strengthen America’s mid- of the Senate on January 5, 2009; to the Com- Committee on Rules and Administration. dle class through measures that mod- mittee on the Judiciary. By Mr. SCHUMER: ernize the Nation’s infrastructure, en- EC–248. A communication from the Deputy S. 28. A bill to ensure that the courts of the hance America’s energy independence, Chief of the Regulatory Management Divi- United States may provide an impartial expand educational opportunities, pre- sion, Citizenship and Immigration Services, forum for claims brought by United States serve and improve affordable health Department of Homeland Security, transmit- citizens and others against any railroad or- ting, pursuant to law, the report of a rule en- ganized as a separate legal entity, arising care, provide tax relief, and protect titled ‘‘Changes to Requirements Affecting from the deportation of United States citi- those in greatest need, and for other H–2B Nonimmigrants and Their Employers’’ zens and others to Nazi concentration camps purposes. (RIN1615–AB67) received in the Office of the on trains owned or operated by such rail- S. 2 President of the Senate on January 5, 2009; road, and by the heirs and survivors of such At the request of Mr. REID, the name to the Committee on the Judiciary. persons; to the Committee on the Judiciary. of the Senator from Ohio (Mr. BROWN) EC–249. A communication from the Admin- By Mr. BROWN: istrator of the Office of Policy Development S. 29. A bill to amend the Internal Revenue was added as a cosponsor of S. 2, a bill and Research, Employment and Training Ad- Code of 1986 to increase the credit for the to improve the lives of middle class ministration, Department of Labor, trans- health insurance costs of eligible individ- families and provide them with greater mitting, pursuant to law, the report of a rule uals, to expand such credit to individuals opportunity to achieve the American entitled ‘‘Labor Certification Process and covered under COBRA, and to extend the pe- dream. Enforcement for Temporary Employment in riod of COBRA continuation coverage for S. 3 Occupations Other Than Agriculture or Reg- certain individuals; to the Committee on Fi- At the request of Mr. REID, the name istered Nursing in the United States (H–2B nance. Workers), and Other Technical Changes’’ By Mr. NELSON of Florida (for him- of the Senator from Ohio (Mr. BROWN) (RIN1205–AB54) received in the Office of the self, Ms. SNOWE, Mrs. MCCASKILL, and was added as a cosponsor of S. 3, a bill President of the Senate on January 5, 2009; Ms. KLOBUCHAR): to protect homeowners and consumers to the Committee on the Judiciary. S. 30. A bill to amend the Communications by reducing foreclosures, ensuring the EC–250. A communication from the Admin- Act of 1934 to prohibit manipulation of caller availability of credit for homeowners, istrator of the Office of Policy Development identification information; to the Com- businesses, and consumers, and reform- and Research, Employment and Training Ad- mittee on Commerce, Science, and Transpor- ing the financial regulatory system, ministration, Department of Labor, trans- tation. and for other purposes. mitting, pursuant to law, the report of a rule By Mr. ENSIGN (for himself, Mr. BAYH, entitled ‘‘Temporary Agricultural Employ- Mr. ISAKSON, Mrs. MCCASKILL, and S. 4 ment of H–2A Aliens in the United States; Mr. SPECTER): At the request of Mr. REID, the name Modernizing the Labor Certification Process S. 163. A bill to amend the National Child of the Senator from Ohio (Mr. BROWN) and Enforcement’’ (RIN1205–AB55) received Protection Act of 1993 to establish a perma- was added as a cosponsor of S. 4, a bill in the Office of the President of the Senate nent background check system; to the Com- to guarantee affordable, quality health on January 5, 2009; to the Committee on the mittee on the Judiciary. coverage for all Americans, and for Judiciary. By Mr. ENSIGN: other purposes. f S. 164. A bill to improve consumer access to passenger vehicle loss data held by insur- S. 5 INTRODUCTION OF BILLS AND ers; to the Committee on Commerce, At the request of Mr. REID, the name JOINT RESOLUTIONS Science, and Transportation. of the Senator from Ohio (Mr. BROWN) The following bills and joint resolu- By Mr. KOHL (for himself and Mr. DUR- was added as a cosponsor of S. 5, a bill tions were introduced, read the first BIN): to improve the economy and security S. 165. A bill to amend the Truth in Lend- of the United States by reducing the and second times by unanimous con- ing Act, to prevent credit card issuers from sent, and referred as indicated: taking unfair advantage of college students dependence of the United States on for- By Mr. BINGAMAN: and their parents, and for other purposes; to eign and unsustainable energy sources S. 22. A bill to designate certain land as the Committee on Banking, Housing, and and the risks of global warming, and components of the National Wilderness Pres- Urban Affairs. for other purposes.

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S. 6 (Mr. ALEXANDER) and the Senator from certain programs and activities in the At the request of Mr. REID, the name South Carolina (Mr. DEMINT) were Department of the Interior and the De- of the Senator from Ohio (Mr. BROWN) added as cosponsors of S. 45, a bill to partment of Agriculture, and for other was added as a cosponsor of S. 6, a bill improve patient access to health care purposes; read the first time. to restore and enhance the national se- services and provide improved medical Mrs. FEINSTEIN. Mr. President, I curity of the United States. care by reducing the excessive burden rise to speak to Senator BINGAMAN’s in- S. 7 the liability system places on the troduction today of the Omnibus Pub- At the request of Mr. REID, the name health care delivery system. lic Land Management Act of 2009. I of the Senator from Ohio (Mr. BROWN) At the request of Mr. THUNE, his strongly support this bill and Senator was added as a cosponsor of S. 7, a bill name was added as a cosponsor of S. 45, BINGAMAN’s leadership in sponsoring it, to expand educational opportunities for supra. and urge my colleagues to vote for its all Americans by increasing access to S. 46 prompt passage. high-quality early childhood education At the request of Mr. ENSIGN, the This omnibus legislation includes no and after school programs, advancing names of the Senator from Iowa (Mr. fewer than 20 bills of interest to Cali- reform in elementary and secondary HARKIN) and the Senator from South fornia, including 14 bills to increase education, strengthening mathematics Dakota (Mr. JOHNSON) were added as our water supply and to restore our riv- and science instruction, and ensuring cosponsors of S. 46, a bill to amend ers and groundwater quality, 3 bills to that higher education is more afford- title XVIII of the Social Security Act designate additional wilderness areas, able, and for other purposes. to repeal the Medicare outpatient reha- and 3 other National Park Service, Bu- S. 8 bilitation therapy caps. reau of Land Management, and Forest At the request of Mr. REID, the name S. 47 Service bills. of the Senator from Ohio (Mr. BROWN) I would like to speak at some length At the request of Mr. ENSIGN, the was added as a cosponsor of S. 8, a bill about one of these bills, the San Joa- names of the Senator from South Da- to return the Government to the people quin River Restoration Settlement kota (Mr. THUNE) and the Senator from by reviewing controversial ‘‘midnight Act, which I have introduced with Sen- Arizona (Mr. MCCAIN) were added as co- regulations’’ issued in the waning days ator BOXER to bring to a close 18 years sponsors of S. 47, a bill to amend the of the Bush Administration. of litigation between the Natural Re- Internal Revenue Code of 1986 to repeal S. 9 sources Defense Council, the Friant the excise tax on telephone and other At the request of Mr. REID, the name Water Users Authority and the U.S. communication services. of the Senator from Ohio (Mr. BROWN) Department of the Interior. Before I was added as a cosponsor of S. 9, a bill S. 132 discuss the San Joaquin bill, however, to strengthen the United States econ- At the request of Mrs. FEINSTEIN, the I would like to review the other 19 Cali- omy, provide for more effective border name of the Senator from Kansas (Mr. fornia bills in the omnibus legislation and employment enforcement, and for ROBERTS) was added as a cosponsor of introduced today. These include the other purposes. S. 132, a bill to increase and enhance following: law enforcement resources committed S. 10 ADDITIONS TO NATIONAL WILDERNESS At the request of Mr. REID, the name to investigation and prosecution of vio- PRESERVATION SYSTEM of the Senator from Ohio (Mr. BROWN) lent gangs, to deter and punish violent Eastern Sierra and Northern San Ga- was added as a cosponsor of S. 10, a bill gang crime, to protect law-abiding citi- briel Wilderness, to restore fiscal discipline and begin to zens and communities from violent Riverside County Wilderness, and the address the long-term fiscal challenges criminals, to revise and enhance crimi- Sequoia and Kings Canyon National facing the United States, and for other nal penalties for violent crimes, to ex- Parks Wilderness; purposes. pand and improve gang prevention pro- BUREAU OF LAND MANAGEMENT S. 21 grams, and for other purposes. Tuolumne Band of Me-Wuk Indians of At the request of Mr. REID, the name S. 133 the Tuolumne Rancheria land ex- of the Senator from Montana (Mr. At the request of Mrs. FEINSTEIN, the change; TESTER) was added as a cosponsor of S. name of the Senator from Washington FOREST SERVICE 21, a bill to reduce unintended preg- (Mrs. MURRAY) was added as a cospon- Mammoth Community Water Dis- nancy, reduce abortions, and improve sor of S. 133, a bill to prohibit any re- trict land conveyance; cipient of emergency Federal economic access to women’s health care. NATIONAL PARK SERVICES S. 35 assistance from using such funds for Tule Lake Segregation Center Re- At the request of Mrs. HUTCHISON, the lobbying expenditures or political con- source Study; names of the Senator from Wyoming tributions, to improve transparency, BUREAU OF RECLAMATION enhance accountability, encourage re- (Mr. ENZI) and the Senator from South San Diego Intertie feasibility study, sponsible corporate governance, and for Dakota (Mr. THUNE) were added as co- Madera Water Supply Enhancement other purposes. sponsors of S. 35, a bill to provide a Project authorization, permanent deduction for State and S. 160 Rancho California Water District local general sales taxes. At the request of Mr. LIEBERMAN, the project authorization, S. 42 names of the Senator from Missouri Santa Margarita River project au- At the request of Mr. ENSIGN, the (Mrs. MCCASKILL), the Senator from thorization, name of the Senator from Kansas (Mr. Delaware (Mr. CARPER) and the Senator Elsinore Valley Municipal Water Dis- ROBERTS) was added as a cosponsor of from Louisiana (Ms. LANDRIEU) were trict project authorization, S. 42, a bill to amend title II of the So- added as cosponsors of S. 160, a bill to North Bay Water Reuse Authority cial Security Act to preserve and pro- provide the District of Columbia a vot- project authorization, tect Social Security benefits of Amer- ing seat and the State of Utah an addi- Prado Basin Natural Treatment Sys- ican workers and to help ensure great- tional seat in the House of Representa- tem Project authorization, er congressional oversight of the Social tives. Bunker Hill Groundwater Basin Security system by requiring that both f project authorization, Houses of Congress approve a total- GREAT Project authorization, ization agreement before the agree- STATEMENTS ON INTRODUCED Yucaipa Valley Water District ment, giving foreign workers Social BILLS AND JOINT RESOLUTIONS project authorization, Security benefits, can go into effect. By Mr. BINGAMAN: Goleta Water District Water Dis- S. 45 S. 22. A bill to designate certain land tribution System title transfer, At the request of Mr. ENSIGN, the as components of the National Wilder- San Gabriel Basin Restoration Fund, names of the Senator from Tennessee ness Preservation System, to authorize and the

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 238 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 Lower Colorado River Multi-Species to enhance implementation of the set- their construction cost obligation to Conservation Program. tlement’s ‘‘Water Management Goal’’ the Treasury. This change both in- I would like to say a few words about to reduce or avoid adverse water supply creases the amount of up-front funding the water project authorizations and impacts to Friant Division long-term available for the settlement and de- wilderness bills, in addition to the San water contractors. The legislation that creases the bill’s PAYGO ‘‘score’’ by Joaquin River Settlement legislation. we are introducing today incorporates $88 million, according to the Congres- In the Western U.S., drought, popu- these changes, which are supported by sional Budget Office. In exchange for lation growth, increasing climate vari- the State of California and major water agreeing to early re-payment of their ability, and ecosystem needs make agencies on the San Joaquin River and construction obligation, Friant water managing water supplies especially its tributaries. agencies will be able to convert their challenging. The 9 California water re- The Settlement has two goals: to re- 25-year water service contracts to per- cycling projects included in the omni- store and maintain fish populations in manent repayment contracts. bus bill offer a proven means to de- the San Joaquin River, including a The amendments also included new velop cost effective alternative water self-sustaining salmon fishery, and to provisions to enhance the water man- supply projects. Together they will avoid or reduce adverse water supply agement efforts of affected Friant help the state reduce its dependence on impacts to long-term Friant water con- water districts. Specifically, the legis- imported water from both the Lower tractors. Consistent with the terms of lation now includes new authority to Colorado River and Sacramento/San the Settlement, we expect that both of provide improvements to Friant Divi- Joaquin Delta. these goals will be pursued with equal sion facilities, including restoring ca- Among the other bills to benefit Cali- diligence by the Federal agencies. pacity in canals, reverse flow pump- fornia water supply and quality, one Without this consensus resolution of back facilities, and financial assistance codifies the Lower Colorado River a long-running western water battle for local water banking and ground- Multi-Species Conservation Program, the parties will continue the fight, re- water recharge projects, all for the pur- MSCP, a 50 year plan to protect endan- sulting in a court-imposed judgment. It pose of reducing or avoiding impacts on gered species and preserve wildlife is widely recognized that an outcome Friant Division contractors resulting habitat along the Colorado River. imposed by a court is likely to be from additional river flows called for The three wilderness bills in this worse for everyone on all counts: more by the Settlement and this legislation. package would together protect a wil- costly, riskier for the farmers, and less Near the end of the 110th Congress, derness about 735,000 acres of land in beneficial for the environment. parties to the Settlement and affected Mono, Riverside, Inyo, and Los Angeles The Settlement provides a frame- third parties came to agreement on ad- Counties, and within Sequoia-Kings work that the affected interests can ac- ditional provisions that would greatly Canyon National Park. This will pro- cept. As a result, this legislation has facilitate passage of the bill by making tect spectacular lands ranging from the enjoyed the strong support of the Bush it PAYGO-neutral. The legislation we High Sierras to the magnificent Cali- administration, California Governor are introducing today includes sub- fornia deserts. I want to thank Senator Schwarzenegger’s administration, the stantial funding, including direct BOXER in particular for her leadership environmental and fishing commu- spending on settlement implementa- on these bills. nities and numerous California farmers tion during the first ten year period of I would like to devote most of my re- and water districts, including the $88 million gained by early repayment marks to the San Joaquin River Res- Friant Water Users Authority and its of Friant’s construction obligation, toration Settlement Act, a bill Senator member districts that have been part and substantial additional funding au- BOXER and I have cosponsored that ap- of the litigation. thorized for annual appropriation until proves, authorizes and helps fund an When the Federal Court approved the 2019, after which it then becomes avail- historic Settlement on the San Joa- Settlement in late October, 2006, Sec- able for direct spending again. This ad- quin River in California. This Settle- retary of the Interior Dirk Kempthorne ditional funding is generated by con- ment restores California’s second long- praised the Settlement for launching tinuing payments from Friant water est river, while maintaining a stable ‘‘one of the largest environmental res- users and will become directly avail- water supply for the farmers who have toration projects in California’s his- able to continue implementing the set- made the San Joaquin Valley the rich- tory.’’ The Secretary further observed tlement by 2019 if it has not already est agricultural area in the world. One that ‘‘This Settlement closes a long been appropriated for that purpose be- of the major benefits of this settlement chapter of conflict and uncertainty in fore then. is the restoration of a long-lost salmon California’s San Joaquin Valley . . . In 2006, California voters showed fishery. The return of one of Califor- and open[s] a new chapter of environ- their support for the settlement by ap- nia’s most important salmon runs will mental restoration and water supply proving Propositions 84 and 1E, that create significant benefits for local certainty for the farmers and their will help pay for the Settlement, with communities in the San Joaquin Val- communities.’’ the State of California now commit- ley, helping to restore a beleaguered I share the Secretary’s strong sup- ting at least $200 million toward the fishing industry while improving recre- port for this balanced and historic Settlement costs during the next 10 ation and quality of life. agreement, and it is my honor to join years. When State-committed funding, This San Joaquin Settlement bill is with Senator BOXER and a bipartisan direct spending authorized by the bill, nearly identical to the bill that we in- group of California House Members and other highly reliable funding in- troduced in the waning days of the who have previously introduced and cluding pre-existing payments by water 109th Congress, and reintroduced at the supported this legislation to authorize users are added together, there is at beginning of the 110th Congress as S. and help fund the San Joaquin River least $380–390 million available for im- 27. However, the bill we are introducing Restoration Settlement. plementing the Settlement over the today does reflect a few significant During the past year we have worked next 10 years, with additional dollars changes resulting from discussions with the parties to the settlement, af- possible from additional Federal appro- among the numerous Settling Parties fected third party agencies and the priations. and various ‘‘Third Parties’’ in the San State of California to ensure that the Nevertheless, it is my intention to Joaquin Valley of California. During legislation complies with congressional work with the Chairman of the Energy the past year the parties to the settle- PAYGO rules. and Natural Resources Committee dur- ment and these affected third parties, In May of 2008, the Energy and Nat- ing the 111th Congress to find a suit- such as the San Joaquin River Ex- ural Resources Committee approved able offset that will allow restoration change Contractors, have agreed to amendments agreed to by the parties of all of the direct spending envisioned certain changes to the legislation to that allow most Friant Division con- by the settlement without waiting make the measure PAYGO neutral and tractors to accelerate repayment of until 2019.

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 239 Today’s legislation continues to in- Priorities, the EITC lifts more children only for childless workers earning less clude substantial protections for other out of poverty than any other govern- than $5,720. A typical single childless water districts in California who were ment program. adult will begin to owe Federal income not party to the original settlement It is time for us to reexamine the taxes in addition to payroll taxes when negotiations. These other water con- EITC and determine where we can his or her income is only $10,655, which tractors will be able to avoid all but strengthen it. Census data and the is below the poverty line. the smallest water impacts as a result events of Hurricane Katrina reiterated The decline in the labor force of sin- of the settlement, except on a vol- the fact that there is a group of Ameri- gle men has been troubling. Boosting untary basis. These protections are ac- cans that are falling behind. The pov- the EITC for childless workers could be complished while ensuring a timely erty rate for 2007 was 12.5 percent and part of solution for increasing work and robust restoration of the River and this is basically the same as the rate among this group. Increasing the EITC without creating any new precedents for 2006. In 2007, there were 37.3 million for families has increased labor rates for implementing the Endangered Spe- living in poverty. for single mothers and hopefully, it can cies Act. Similarly, there is no preemp- We need to help the low-income do the same for this group. tion of State law and nothing in the workers who struggle day after day This legislation doubles the credit bill changes any existing obligations of trying to make ends meet. They have rate for individual taxpayers and mar- the United States to operate the Cen- been left behind in the economic poli- ried taxpayers without children. The credit rate and phase-out rate of 7.65 tral Valley Project in conformity with cies of the last 8 years. We need to percent is doubled to 15.3 percent. For state law. begin a discussion on how to help those The bill we are introducing today that have been left behind. The EITC is 2007, the maximum credit amount for an individual would increase from $457 contains several new provisions to the perfect place to start. to $913. The doubling of the phase-out strengthen these third-party protec- The Strengthen the Earned Income Tax Credit Act of 2009 strengthens the results in taxpayers in the same in- tions in light of the changes made to EITC by making the following four come range being eligible for the cred- address PAYGO. These include safe- changes: reducing the marriage pen- it. In addition, the legislation would guards to ensure that the San Joaquin alty; increasing the credit for families increase the credit phase-out income River Exchange Contractors and other with three or more children; expanding level from $7,470 to $13,800 for 2009 and third parties will not face increased credit amount for individuals with no $14,500 for 2010. costs or regulatory burdens as a result children; and simplifying the credit. Under current law, workers under of the PAYGO changes. First, the legislation increases mar- age 25 are ineligible for the childless Support of this agreement is almost riage penalty relief and makes it per- workers EITC. The Strengthen the as far reaching as its benefits. This his- manent. In the way that the EITC is Earned Income Tax Credit Act of 2009 toric agreement would not have been currently structured, many single indi- would change the age to 21. This age possible without the participation of a viduals that marry find themselves change will provide an incentive for remarkably broad group of agencies, faced with a reduction in their EITC. labor for less-educated younger adults. stakeholders and legislators, reaching The tax code should not penalize indi- Fourth, the Strengthen the Earned far beyond the settling parties. The De- viduals who marry. Income Tax Credit Act of 2009 sim- partment of the Interior, the State of Second, the legislation increases the plifies the EITC by modifying the aban- California, the Friant Water Users Au- credit for families with three or more doned spouse rule, clarifying the quali- thority, the Natural Resources Defense children. Under current law, the credit fying child rules, and repealing the dis- Council on behalf of 13 other environ- amount is based on one child or two or qualified investment test. Current mental organizations and countless more children. This legislation would rules require parents to file a joint tax other stakeholders came together and create a new credit amount based on return to claim the EITC. This can cre- spent countless hours with legislators three or more children. One of the pur- ate difficulty for separated parents. If in Washington to ensure that we found poses of the EITC is to lift families parents are separated and not yet di- a solution that the large majority of above the poverty level. Because the vorced, complex rules govern whether those affected could support. EITC adjustment for family size is lim- the custodial parent may claim the At the end of the day, I believe that ited to two children, over time large EITC if a separate return is filed. The this San Joaquin bill is something that families will not be kept above the pov- custodial parent must be able to claim we can all feel proud of, and I urge my erty threshold. head-of-household filing status. This colleagues to move quickly to approve Under current law, the maximum test requires that a parent must pay this omnibus public lands legislation EITC for an individual with two or more than half of household expenses and provide the administration the au- more children is $5,028 and under this from her own earnings, rather than thorization it needs to fully carry out legislation, the amount would increase from child support payments or pro- the extensive restoration opportunities to $5,656 for an individual with three or gram benefits. Under this legislation, and other actions called for under the more children. Increasing the credit the requirements by permitting a sepa- Settlement. amount would make more families eli- rated parent who lives with for more gible for the EITC. Currently, an indi- than six months of the year and also By Mr. KERRY (for himself and vidual with three children and income lives apart from his/her spouse for at Mr. ROCKEFELLER): at and above $40,295 would not benefit least the final six months of the year S. 24. A bill to amend the Internal from the credit. Under this legislation, to claim the EITC. Revenue Code of 1986 to strengthen the an individual with children and income Under current law, two adults who earned income tax credit; to the Com- under $43,276 would benefit from the live in the same household with a child mittee on Finance. EITC. may each qualify to claim the child for Mr. KERRY. Mr. President, today Third, this legislation would increase the EITC, but only one taxpayer may Senator ROCKEFELLER and I are intro- the credit amount for childless work- claim the child and the other taxpayer ducing the Strengthen the Earned In- ers. The EITC was designed to help is not eligible to claim the childless come Tax Credit Act of 2009. Since 1975, childless workers offset their payroll worker EITC. Under this legislation, the earned income tax credit, EITC, tax liability. The credit phase-in was filers who are eligible to claim a child has been an innovative tax credit set to equal the employee share of the for the EITC but do not do so are eligi- which helps low-income working fami- payroll tax, 7.65 percent. However, in ble to claim the smaller EITC for lies. President Reagan referred to the reality, the employee bears the burden workers not raising a child. For exam- EITC as ‘‘the best antipoverty, the best of both the employee and employer ple, a mother and aunt living in the pro-family, the best job creation meas- portion of the payroll tax. same house who are both qualified to ure to come out of Congress.’’ Accord- For 2008, the EITC will fully offset claim the child would be able to re- ing to the Center on Budget and Policy the employee share of payroll taxes ceive the EITC. The one who claims the

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 240 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 child would get the larger amount and grocery store for minimum wage will cials. In the past year, there have been the other would be eligible for the receive a meaningful credit this year. several instances of fraudsters using smaller childless worker credit. This improvement to the credit must caller I.D. fraud to pose as court offi- Under current law, low-income filers be made permanent to ensure that our cers calling to say that a person has are ineligible for the EITC if they have tax code works for all Americans, espe- missed jury duty. The caller then says investment income such as interest, cially those working parents forced to that a warrant will be issued for their dividends, capital gains, rent or royal- get by on the minimum wage. Today, arrest, unless a fine is paid during the ties that exceeds $3,950 a year. Very we are introducing the Working Fam- call. The victim is then induced to pro- few EITC claimants have investment ily Child Assistance Act, legislation vide credit card or bank information income above this level. This income which makes the refundable Child Tax over the phone to pay the ‘‘fine.’’ test creates a ‘‘cliff’’ because those Credit permanent and sets the income Furthermore, while these examples workers with investment income of threshold at a reasonable level so that are serious enough, think about what $2,951 would be unable to claim any all working parents, including those would happen if a stalker used caller EITC. This provision discourages sav- making the minimum wage, receive I.D. spoofing to trick his victim into ings among low- and moderate-income the benefit of the credit. answering the telephone, giving out families. Under this legislation, the in- I look forward to working with my personal information, or telling the vestment income test would be re- colleagues and the Administration to person on the other end of the line pealed. ensure that those low-income, hard- about their current whereabouts. The This legislation will help those who working families that need this credit results could be tragic. most need our help. It will put more the most do receive its benefits. There are a number of Internet Web sites—with names like Tricktel.com money in their pay check. We need to By Mr. NELSON, of Florida (for invest in our families and help individ- and Spooftel.com—that sell their serv- himself, Ms. SNOWE, Mrs. uals who want to make a living by ices to criminals and identity thieves. MCCASKILL, and Ms. working. I urge my colleagues to sup- Any person can go to one of these Web KLOBUCHAR): port an expansion of the EITC. S. 30. A bill to amend the Commu- sites, pay money to order a spoofed nications Act of 1934 to prohibit manip- telephone number, tell the Web site By Mrs. LINCOLN: ulation of caller identification infor- which phone number to reach, and then S. 26. A bill to amend the Internal mation; to the Committee on Com- place the call through a toll-free line. Revenue Code of 1986 to reset the in- merce, Science, and Transportation. The recipient is then tricked when he come threshold used to calculate the Mr. NELSON of Florida. Mr. Presi- or she sees the misleading phone num- refundable portion of the child tax dent, American consumers and public ber on his or her caller I.D. screen. credit and to repeal the sunset for cer- safety officials increasingly find them- A new Web site—Dramatel.com—even tain prior modifications made to the selves confronted by scams in the dig- offers a prepaid calling card platform credit; to the Committee on Finance. ital age. One of the most recent scams that combines a caller I.D. spoofing Mrs. LINCOLN. Mr. President, I come is known as caller I.D. ‘‘spoofing.’’ service with other features that allow a before the Senate to once again raise Today, I am introducing a bipartisan fraudster to disguise their voice and an issue that is near and dear to my bill with Senators SNOWE, MCCASKILL record the entire call. It’s hard to heart—an issue that is of great impor- and KLOBUCHAR—The Truth in Caller imagine what legitimate purpose this tance to working families across this I.D. Act of 2009—to put an end to fraud- service could possibly offer—other than country. In 2001 and again in 2003, Sen- ulent caller I.D. spoofing. providing a tailor-made mechanism for ator SNOWE and I worked together to What is caller I.D. spoofing? It’s a criminals to prey on innocent victims. ensure that low-income working fami- technique that allows a telephone call- In essence, these Web sites provide lies with children receive the benefit of er to alter the phone number that ap- the high-tech tools that criminals need the Child Tax Credit. Last year, we pears on the recipient’s caller I.D. sys- to do their dirty work. Armed with a were successful in improving the credit tem. In other words, spoofing allows misleading phone number, an identity to ensure that more working families someone to hide behind a misleading thief can call a consumer pretending to are able to receive its benefit for the telephone number to try to scam con- be a representative of the consumer’s tax year 2008, and I come here today to sumers or trick law enforcement offi- credit card company or bank. The thief introduce legislation that will ensure cers. can then ask the consumer to authen- this important provision continues to Let me give you a few shocking ex- ticate a request for personal account provide tax relief for our working fami- amples of how caller I.D. spoofing has information. Once a thief gets hold of lies in the future. been exploited during the past 4 years: this sensitive personal information, he The change we made to the credit In one very dangerous hoax, a sharp- can access a consumer’s bank account, last year will ensure the Child Tax shooting SWAT team was forced to credit card account, health informa- Credit is available for all working fam- shut down a neighborhood in New tion, and who knows what else. ilies. As some of my colleagues may be Brunswick, NJ, after receiving what Furthermore, even if a consumer aware, to be eligible for the refundable they believed was a legitimate distress does not become a victim of stalking or child tax credit, working families must call. But what really happened was a identity theft, there is a simple con- meet an income threshold. If they caller used spoofing to trick law en- cept at work here. Consumers pay don’t earn enough, then they don’t forcement into thinking that the emer- money for their caller I.D. service. qualify for the credit. The problem is gency call was coming from a certain Consumers expect caller I.D. to be ac- that some of our working parents are apartment in that neighborhood. It was curate because it helps them decide working full-time and yet they still all a cruel trick perpetrated with a de- whether to answer a phone call and don’t earn enough to receive a mean- ceptive telephone number. trust the person on the other end of the ingful benefit from this provision be- In another example, identity thieves line. cause they just don’t have a high bought a number of stolen credit card In June 2007, I chaired a Senate Com- enough income. numbers. They then called Western merce Committee hearing on caller It is wrong to provide the credit to Union, set up caller I.D. information to I.D. spoofing. At that hearing, there some hardworking Americans, while make it look like the call originated was broad consensus that caller I.D. leaving others behind. That is why we from the credit card holder’s phone spoofing was quickly developing into a temporarily lowered the income line, and used the credit card numbers major area of consumer abuse and threshold to $8,500 in the Emergency to order cash transfers, which the criminal fraud. Unfortunately, the Fed- Economic Stabilization Act last Fall. thieves then picked up. eral Communications Commission and As a result, the single, working parent In other instances, callers have used the Federal Trade Commission have that is stocking shelves at your local spoofing to pose as Government offi- been slow to act on this latest scam. In

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 241 the meantime, many spoofing compa- Caller ID Act of 2009, the Commission shall ized by law to bring actions on behalf of the nies and the fraudsters that use them prescribe regulations to implement this sub- residents of a State, may bring a civil ac- believe their activities are, in fact, section. tion, as parens patriae, on behalf of the resi- legal. Well, it’s time to make it crystal ‘‘(B) CONTENT OF REGULATIONS.— dents of that State in an appropriate district clear that spoofing is a scam and is not ‘‘(i) IN GENERAL.—The regulations required court of the United States to enforce this under subparagraph (A) shall include such subsection or to impose the civil penalties legal. exemptions from the prohibition under para- for violation of this subsection, whenever the How does the bipartisan Truth in graph (1) as the Commission determines is chief legal officer or other State officer has Caller I.D. Act of 2009 address the prob- appropriate. reason to believe that the interests of the lem of caller I.D. spoofing? ‘‘(ii) SPECIFIC EXEMPTION FOR LAW ENFORCE- residents of the State have been or are being Quite simply, this bill plugs the hole MENT AGENCIES OR COURT ORDERS.—The regu- threatened or adversely affected by a viola- in the current law and prohibits lations required under subparagraph (A) tion of this subsection or a regulation under fraudsters from using caller identifica- shall exempt from the prohibition under this subsection. tion services to transmit misleading or paragraph (1) transmissions in connection ‘‘(B) NOTICE.—The chief legal officer or inaccurate caller I.D. information with with— other State officer shall serve written notice the intend to defraud, cause harm, or ‘‘(I) any authorized activity of a law en- on the Commission of any civil action under forcement agency; or subparagraph (A) prior to initiating such wrongfully obtain anything of value. ‘‘(II) a court order that specifically author- civil action. The notice shall include a copy This prohibition covers both tradi- izes the use of caller identification manipu- of the complaint to be filed to initiate such tional telephone calls and calls made lation. civil action, except that if it is not feasible using Voice-Over-Internet, VoIP, serv- ‘‘(iii) EFFECT ON OTHER LAWS.—Nothing in for the State to provide such prior notice, ice. this subsection shall be construed to author- the State shall provide such notice imme- Anyone who violates this anti-spoof- ize or prohibit any investigative, protective, diately upon instituting such civil action. ing law would be subject to a penalty or intelligence activities performed in con- ‘‘(C) AUTHORITY TO INTERVENE.—Upon re- of $10,000 per violation or up to one nection with official duties and in accord- ceiving the notice required by subparagraph year in jail, as set out in the Commu- ance with all applicable laws, by a law en- (B), the Commission shall have the right— nications Act. Additionally, this bill forcement agency of the United States, a ‘‘(i) to intervene in the action; State, or a political subdivision of a State, ‘‘(ii) upon so intervening, to be heard on all empowers States to help the Federal or by an intelligence agency of the United matters arising therein; and Government track down and punish States. ‘‘(iii) to file petitions for appeal. these fraudsters. ‘‘(4) REPORT.—Not later than 6 months ‘‘(D) CONSTRUCTION.—For purposes of I invite my colleagues to join Sen- after the enactment of the Truth in Caller ID bringing any civil action under subparagraph ators SNOWE, MCCASKILL, KLOBUCHAR Act of 2009, the Commission shall report to (A), nothing in this paragraph shall prevent and myself in supporting the Truth in Congress whether additional legislation is the chief legal officer or other State officer Caller I.D. Act of 2009. We should not necessary to prohibit the provision of inac- from exercising the powers conferred on that waste any more time in protecting con- curate caller identification information in officer by the laws of such State to conduct sumers and law enforcement authori- technologies that are successor or replace- investigations or to administer oaths or af- ties against caller I.D. spoofing. ment technologies to telecommunications firmations or to compel the attendance of service or IP-enabled voice service. witnesses or the production of documentary Mr. President, I ask unanimous con- ‘‘(5) PENALTIES.— and other evidence. sent that the text of the bill be printed ‘‘(A) CIVIL FORFEITURE.— ‘‘(E) VENUE; SERVICE OR PROCESS.— in the RECORD. ‘‘(i) IN GENERAL.—Any person that is deter- ‘‘(i) VENUE.—An action brought under sub- There being no objection, the text of mined by the Commission, in accordance paragraph (A) shall be brought in a district the bill was ordered to be printed in with paragraphs (3) and (4) of section 503(b), court of the United States that meets appli- the RECORD, as follows: to have violated this subsection shall be lia- cable requirements relating to venue under S. 30 ble to the United States for a forfeiture pen- section 1391 of title 28, United States Code. Be it enacted by the Senate and House of Rep- alty. A forfeiture penalty under this para- ‘‘(ii) SERVICE OF PROCESS.—In an action resentatives of the United States of America in graph shall be in addition to any other pen- brought under subparagraph (A)— Congress assembled, alty provided for by this Act. The amount of ‘‘(I) process may be served without regard SECTION 1. SHORT TITLE. the forfeiture penalty determined under this to the territorial limits of the district or of This Act may be cited as the ‘‘Truth in paragraph shall not exceed $10,000 for each the State in which the action is instituted; Caller ID Act of 2009’’. violation, or 3 times that amount for each and day of a continuing violation, except that ‘‘(II) a person who participated in an al- SEC. 2. PROHIBITION REGARDING MANIPULA- TION OF CALLER IDENTIFICATION the amount assessed for any continuing vio- leged violation that is being litigated in the INFORMATION. lation shall not exceed a total of $1,000,000 civil action may be joined in the civil action Section 227 of the Communications Act of for any single act or failure to act. without regard to the residence of the per- 1934 (47 U.S.C. 227) is amended— ‘‘(ii) RECOVERY.—Any forfeiture penalty son. (1) by redesignating subsections (e), (f), and determined under clause (i) shall be recover- ‘‘(7) DEFINITIONS.—For purposes of this sub- (g) as subsections (f), (g), and (h), respec- able pursuant to section 504(a). section: tively; and ‘‘(iii) PROCEDURE.—No forfeiture liability ‘‘(A) CALLER IDENTIFICATION INFORMA- (2) by inserting after subsection (d) the fol- shall be determined under clause (i) against TION.—The term ‘caller identification infor- lowing new subsection: any person unless such person receives the mation’ means information provided by a ‘‘(e) PROHIBITION ON PROVISION OF INAC- notice required by section 503(b)(3) or section caller identification service regarding the CURATE CALLER IDENTIFICATION INFORMA- 503(b)(4). telephone number of, or other information TION.— ‘‘(iv) 2-YEAR STATUTE OF LIMITATIONS.—No regarding the origination of, a call made ‘‘(1) IN GENERAL.—It shall be unlawful for forfeiture penalty shall be determined or im- using a telecommunications service or IP-en- any person within the United States, in con- posed against any person under clause (i) if abled voice service. nection with any telecommunications serv- the violation charged occurred more than 2 ‘‘(B) CALLER IDENTIFICATION SERVICE.—The ice or IP-enabled voice service, to cause any years prior to the date of issuance of the re- term ‘caller identification service’ means caller identification service to knowingly quired notice or notice or apparent liability. any service or device designed to provide the transmit misleading or inaccurate caller ‘‘(B) CRIMINAL FINE.—Any person who will- user of the service or device with the tele- identification information with the intent to fully and knowingly violates this subsection phone number of, or other information re- defraud, cause harm, or wrongfully obtain shall upon conviction thereof be fined not garding the origination of, a call made using anything of value, unless such transmission more than $10,000 for each violation, or 3 a telecommunications service or IP-enabled is exempted pursuant to paragraph (3)(B). times that amount for each day of a con- voice service. Such term includes automatic ‘‘(2) PROTECTION FOR BLOCKING CALLER IDEN- tinuing violation, in lieu of the fine provided number identification services. TIFICATION INFORMATION.—Nothing in this by section 501 for such a violation. This sub- ‘‘(C) IP-ENABLED VOICE SERVICE.—The term subsection may be construed to prevent or paragraph does not supersede the provisions ‘IP-enabled voice service’ has the meaning restrict any person from blocking the capa- of section 501 relating to imprisonment or given that term by section 9.3 of the Com- bility of any caller identification service to the imposition of a penalty of both fine and mission’s regulations (47 C.F.R. 9.3), as those transmit caller identification information. imprisonment. regulations may be amended by the Commis- ‘‘(3) REGULATIONS.— ‘‘(6) ENFORCEMENT BY STATES.— sion from time to time. ‘‘(A) IN GENERAL.—Not later than 6 months ‘‘(A) IN GENERAL.—The chief legal officer of ‘‘(8) LIMITATION.—Notwithstanding any after the date of enactment of the Truth in a State, or any other State officer author- other provision of this section, subsection (f)

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 242 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 January 7, 2009 shall not apply to this subsection or to the of the other bills can lead to financial rating several remarkable milestones regulations under this subsection.’’. ruin before young people even have a in the U.S.-Poland partnership. This chance to get on their feet. This bill year marks the 90th anniversary of dip- By Mr. KOHL (for himself and gives students the protection they de- lomatic relations between the United Mr. DURBIN): serve from irresponsible lending that States and Poland, the 50th anniver- S. 165. A bill to amend the Truth in can trap them in years of crushing debt sary of the Fulbright Exchange Pro- Lending Act, to prevent credit card repayment. gram with Poland, and the 10th anni- issuers from taking unfair advantage of The current economic situation has versary of Poland’s accession to NATO. college students and their parents, and exposed many bad habits of both the fi- The U.S.-Polish friendship formally for other purposes; to the Committee nancial industry and the average con- began in 1919 and has endured through on Banking, Housing, and Urban Af- sumer. The savings rate of our country two world wars, the Cold War, and the fairs. has significantly declined over the past emergence of a vibrant democracy Mr. KOHL. Mr. President, I rise decade as consumer spending and bor- after the fall of communism. This part- today to introduce the Student Credit rowing steadily increased. While it is nership has been bolstered by two un- Card Protection Act of 2009 with my necessary for Congress to implement qualified successes of U.S. diplomacy. colleague Senator DURBIN. This legisla- policies which will allow Americans to The Fulbright Exchange Program has tion will help prevent college students save more of their income, it is equally nurtured the pursuit of higher learning from compiling massive credit card important for consumers to put into for Polish and American students, pro- debt while in school. practice controlled and prudent spend- fessors, and researchers, for many dec- College students have become the ing habits. target of credit card companies adver- ades offering Poles a rare window into tising campaigns over the past 15 f the opportunities afforded by demo- years. Many universities allow credit SUBMITTED RESOLUTIONS cratic society. Such exchanges invig- card companies to set up tables on orated intellectual thought and cre- campus and offer students free gifts in ativity in Poland, Eastern Europe, and exchange for filling out a credit card SENATE RESOLUTION 9—COM- the West and helped to hasten the dis- application. Additionally, students re- MEMORATING 90 YEARS OF U.S.- solution of the Warsaw Pact. Poland exhibited great energy in un- ceive card solicitations through mail POLISH DIPLOMATIC RELATIONS, dertaking economic, political, and to their on-campus mailbox or at their DURING WHICH POLAND HAS military reforms, and the NATO alli- home address even before they arrive PROVEN TO BE AN EXCEPTION- ance was strengthened by Polish mem- at the university in the fall. These ag- ALLY STRONG PARTNER TO THE bership in 1999. Poland today remains gressive marketing strategies have UNITED STATES IN ADVANCING the closest of our allies, having con- worked and now close to 96 percent of FREEDOM AROUND THE WORLD tributed great wherewithal to com- college graduates hold a credit card, Mr. LUGAR (for himself, Mr. bating global terrorism and bringing compared to 1994, when only half had VOINOVICH, and Ms. MIKULSKI) sub- stability to Afghanistan and Iraq. In one. The average college student grad- mitted the following resolution; which recognition of the profound successes uates with close to $3,000 in credit card was referred to the Committee on For- of the U.S.-Polish alliance, I am debt, double the amount in 1994. In eign Relations: pleased to introduce this resolution some very extreme cases, students are S. RES. 9 congratulating the Polish people on leaving school with multiple credit Whereas the United States established dip- their great accomplishments as a free cards and debts amounting upwards of lomatic relations with the newly-formed democracy and expressing our coun- $10,000. Polish Republic in April 1919; Credit card debt can make it harder Whereas the year 2009 marks the 20th anni- try’s appreciation for Poland’s stead- for graduates to rent an apartment, re- versary of democracy in Poland, as well as fast partnership. I am hopeful that my colleagues will ceive a car loan, or obtain a job after the 20th anniversary of the fall of com- munism in Poland; join me in supporting this important college. Due to the lack of financial Whereas the year 2009 marks the 10th anni- legislation. education and complicated terms and versary of Poland’s accession to the North f conditions, many students find them- Atlantic Treaty Organization (NATO); selves in over their heads. The Student Whereas the year 2009 marks the 50th anni- PRIVILEGES OF THE FLOOR Credit Card Protection Act will help versary of the Fulbright Educational Ex- Ms. KLOBUCHAR. I ask unanimous students avoid large credit card debt change Program in Poland; Whereas Poland has overcome a legacy of consent that John Branscome, a while forcing issuers to make more re- detailee in my office, be granted the sponsible loans. The bill requires credit foreign occupation and period of communist rule to emerge as a free and democratic na- privileges of the floor for the duration card issuers to verify annual income of tion; of today’s session. a full-time student and then extends a Whereas Poland has strongly supported the The PRESIDING OFFICER. Without line of credit based on the income. For United States diplomatically and militarily, objection, it is so ordered. a student without a verifiable income, as well as supporting United States-led ef- f a parent, legal guardian or spouse must forts in combating global terrorism, and has cosign the credit card and approve any contributed troops to the coalitions led by UNANIMOUS CONSENT AGREE- increase in the credit limit. These sim- the United States in both Afghanistan and MENT—NOMINATIONS TO OFFICE ple underwriting requirements will Iraq; and OF INSPECTOR GENERAL Whereas Poland has cooperated closely Mr. REID. Mr. President, as in execu- make it more difficult for credit card with the United States on issues such as de- companies to approve loans that are mocratization, nuclear proliferation, human tive session, I ask unanimous consent beyond a students’ ability to repay and rights, regional cooperation in Eastern Eu- that the nominations to the Office of return to a more responsible lending rope, and reform of the United Nations: Now, Inspector General, except the Office of policy. therefore, be it Inspector General of the Central Intel- It is imperative that we help mini- Resolved, That the Senate— ligence Agency, be referred in each mize the amount of debt young con- (1) celebrates the 90th anniversary of U.S.- case to the committee having primary sumers incur before entering into the Polish diplomatic relations; jurisdiction over the department, agen- (2) congratulates the Polish people on their workforce. On average, a student with great accomplishments as a free democracy; cy, or entity and, if and when reported a bachelors degree will leave school and in each case, then to the Committee on with $18,000 in student loan debt. Pay- (3) expresses appreciation for Poland’s Homeland Security and Governmental ing for housing, health-care and stu- steadfast partnership with the United Affairs for not to exceed 20 calendar dent loans already place a financial States. days, except in cases when the 20-day strain on a recent college graduate. A Mr. LUGAR. Mr. President, I rise period expires while the Senate is in re- huge credit card payment on top of all today to offer a resolution commemo- cess or adjournment the committee

VerDate Mar 15 2010 13:07 May 26, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S07JA9.000 S07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 1 243 shall have 5 additional calendar days completes its business today, it stand To be major after the Senate reconvenes to report in adjournment until 10:30 a.m, Thurs- DANIEL C. GIBSON the nomination, and that if the nomi- day, January 8; that following the THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT nation is not reported after the expira- prayer and pledge, the Journal of pro- TO THE GRADE INDICATED IN THE UNITED STATES AIR tion of that period, the nomination be ceedings be approved to date, the FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be major automatically discharged and placed morning hour be deemed expired, the DONALD L. MARSHALL on the Executive Calendar. time for the two leaders be reserved for CHARLES E. PETERSON The PRESIDING OFFICER. Without their use later in the day, and there THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT objection, it is so ordered. then be a period of morning business, TO THE GRADE INDICATED IN THE UNITED STATES AIR f with Senators permitted to speak for FORCE UNDER TITLE 10, U.S.C., SECTION 624: up to 10 minutes each. I further ask To be major WEEKEND SESSION that the Senate recess from 3:30 p.m. PAUL J. CUSHMAN Mr. REID. Mr. President, we are DAMANI K. MITCHELL until 4:45 p.m. tomorrow to accommo- LUIS F. SAMBOLIN going to be in a weekend session. All date a special Democratic caucus meet- THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- Democratic Senators have been told ing. MENT TO THE GRADES INDICATED IN THE REGULAR AIR this, and Republican Senators have The PRESIDING OFFICER. Without FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): been notified. We earlier anticipated objection, it is so ordered. To be lieutenant colonel that the vote would be early Sunday, f CHRISTOPHER S. ALLEN but I have worked with the Senate RAY H. KRUEGER staff and we are going to be protected PROGRAM To be major with postcloture time by having that Mr. REID. As a reminder, Senators LYMAN C. FOSTER vote at 2 p.m. So what we will do is will gather in the Senate Chamber at DEEPA HARIPRASAD come in Sunday at 1 p.m. and have a 12:45 p.m. to proceed to the House THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR vote at 2 p.m. Chamber for a joint session to count FORCE UNDER TITLE 10, U.S.C., SECTION 624: There are a few procedural games the electoral ballots. The joint session To be lieutenant colonel people can play, if they desire, and I will commence at 1 p.m. RYAN R. PENDLETON am confident they won’t, but if they f do, we are protected, and we will have THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ADJOURNMENT UNTIL 10:30 A.M. TO THE GRADE INDICATED IN THE UNITED STATES AIR that vote so that the 30 hours expires FORCE UNDER TITLE 10, U.S.C., SECTION 624: TOMORROW during the next day, which would be To be lieutenant colonel Monday. We are working toward not Mr. REID. Mr. President, if there is HOWARD L. DUNCAN no further business to come before the being in session on Saturday. We think THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT we can do that because some people Senate, I ask unanimous consent that TO THE GRADE INDICATED IN THE RESERVE OF THE AIR have issues that they want to be pro- it stand adjourned under the previous FORCE UNDER TITLE 10, U.S.C., SECTION 12203: tected, and I think we can do that. But order. To be colonel at least for now—not for now; period— There being no objection, the Senate, JEFFREY R. GRUNOW DONA M. IVERSEN we are going to vote at 2 p.m. on Sun- at 7:09 p.m., adjourned until Thursday, JAN LOUISE RHOADS day, and everyone should know that. I January 8, 2009, at 10:30 a.m. MARGARET W. SCHMIDT PAMELA T. SCOTT know there are a lot of people who f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT have plans, but there has been ade- NOMINATIONS TO THE GRADE INDICATED IN THE RESERVE OF THE AIR quate notice. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: Executive nominations received by I mentioned here this morning, and I To be colonel the Senate: repeat, that President-elect Obama has EUGENE M. GASPARD IN THE AIR FORCE said that there are people out there THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT who would love to be able to work on a THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED TO THE GRADE INDICATED IN THE RESERVE OF THE AIR STATES OFFICERS FOR APPOINTMENT IN THE RESERVE FORCE UNDER TITLE 10, U.S.C., SECTION 12203: Sunday but they do not have a job, and OF THE AIR FORCE TO THE GRADES INDICATED UNDER this is the least we can do. The reason TITLE 10, U.S.C., SECTIONS 12203 AND 12212: To be colonel To be major general MICHAEL R. POWELL we are doing it is we have to move this VALERIE R. TAYLOR large number of issues as quickly as we BRIGADIER GENERAL DONALD A. HAUGHT BRIGADIER GENERAL THOMAS J. HAYNES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT can. BRIGADIER GENERAL CRAIG D. MCCORD TO THE GRADE INDICATED IN THE RESERVE OF THE AIR This one matter we will finish early BRIGADIER GENERAL ROBERT M. STONESTREET FORCE UNDER TITLE 10, U.S.C., SECTION 12203: BRIGADIER GENERAL EDWARD W. TONINI To be colonel next week will be the result of 164 bills BRIGADIER GENERAL FRANCIS A. TURLEY that have been held up. We are going to To be brigadier general MARY ELIZABETH BROWN move then to Lilly Ledbetter, an im- GERALD J. LAURSEN COLONEL MARGARET H. BAIR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT portant piece of legislation. When we COLONEL JAMES H. BARTLETT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR COLONEL JORGE R. CANTRES finish that, we are going to do the chil- FORCE UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL SANDRA L. CARLSON dren’s health initiative, which doesn’t COLONEL STEPHEN D. COTTER To be colonel take care of all the health care prob- COLONEL JAMES T. DAUGHERTY COLONEL GRETCHEN S. DUNKELBERGER GARY R. CALIFF lems in this country, but it does solve COLONEL ROBERT A. HAMRICK GEORGE E. MEISTER the problem for millions of our chil- COLONEL CHRIS R. HELSTAD C. MICHAEL PADAZINSKI dren. Then we are going to move to the COLONEL CECIL J. HENSEL, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL FRANK D. LANDES TO THE GRADE INDICATED IN THE RESERVE OF THE AIR economic recovery plan, and there may COLONEL ROBERT L. LEEKER FORCE UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL RICKIE B. MATTSON be other things we have to do. For ex- COLONEL MAUREEN MCCARTHY To be colonel ample, if President Bush sends us the COLONEL JOHN E. MCCOY COLONEL JOHN W. MERRITT STEPHEN SCOTT BAKER TARP—that is the matter dealing with COLONEL THOMAS R. SCHIESS ROBERT CHARLES DORMAN the financial bailout—we will have to COLONEL RODGER F. SEIDEL BRIAN F. HASKINS COLONEL GLENN K. THOMPSON FRANK R. MILLER deal with that. So we have a lot to do, COLONEL DEAN L. WINSLOW PHILLIP E. PARKER and I hope everyone is understanding COLONEL WILLIAM M. ZIEGLER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT of the fact we have to vote on Sunday. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE AIR TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: f FORCE UNDER TITLE 10, U.S.C., SECTION 624: To be colonel ORDERS FOR THURSDAY, To be major JOSEPH ALLEN BANNA EDMUND P. ZYNDA II TRACI D. GUARINIELLO JANUARY 8, 2009 PATRICIA J. HAMMON Mr. REID. Mr. President, I ask unan- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WILLIAM E. MOXLEY TO THE GRADE INDICATED IN THE UNITED STATES AIR MICHAEL W. MUMBACH imous consent that when the Senate FORCE UNDER TITLE 10, U.S.C., SECTION 624: ERIC D. PLACKE

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CAROL A. POWERS UNITED STATES ARMY MEDICAL CORPS UNDER TITLE 10, COLEEN M. HURST DAVID C. STEWART U.S.C., SECTIONS 531 AND 3064: ANTHONY A. JAMES JOSEPH TOCK NICHELLE A. JOHNSON To be lieutenant colonel JAMES J. JONES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS M. COLDWELL JOSEPH R. KARDOUNI TO THE GRADE INDICATED IN THE RESERVE OF THE AIR MICHAEL S. KIM FORCE UNDER TITLE 10, U.S.C., SECTION 12203: WAYNE W. KIM JOHN L. KINKEAD To be colonel To be major JOSEPH T. KLAPPERICH DAVID LARRES REGINA S. BAHTEN KEITH A. ACREE WILLIAM A. LORO CHARLES DODSON TODD S. BAKITA DUSTIN S. MARTIN EUGENE L. HART WILLIAM JOHN BANKS VANCIL B. MCNULTY STEPHEN MONTALDI BRIAN SCOTT BRANDNER CYNTHIA MCPHERSON THOMAS M. BUCKNER THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR BRYAN W. MEECE CATHLEEN M. BULLARD APPOINTMENT TO THE GRADE INDICATED IN THE GEORGE S. MIDLA THOMAS D. CHALEKI UNITED STATES ARMY VETERINARY CORPS UNDER JONATHAN D. MONTI DAVID A. CLOSEN TITLE 10, U.S.C., SECTIONS 531 AND 3064: ALEX MORALES PATRICK LOUIS CLOUTIER PHILIP B. OSSOWSKI JOHN J. COLLINS, JR. To be major MICHAEL J. PAGEL ANTHONY J. COMTOIS WAYNE F. PILZ JOETTE D. DAUGHERTY THOMAS S. CAREY YURI O. RIVERA GARY M. DOBBINS THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR DOUGLAS R. ROACH GERARD A. DUBLIN APPOINTMENT TO THE GRADE INDICATED IN THE DAVID P. ROBBINS TIMOTHY W. FARQUHAR UNITED STATES ARMY MEDICAL SERVICE CORPS UNDER HOLLY J. ROBERTS WILLIAM R. FINGAR MARTIN P. ROSE DALE C. FRIDLEY TITLE 10, U.S.C., SECTIONS 531 AND 3064: LUIS A. SANTIAGO STEVEN B. FULAYTAR To be major JAMES R. SCHMID JOSEPH JOHN GLEBOCKI HEATHER L. SCHOPF JOHN RAYMOND GREENE SCOTTIE M. EPPLER CINDI J. SCHULER MICHAEL C. GRIECO DOUGLAS E. HALL THE FOLLOWING NAMED INDIVIDUAL FOR REGULAR STEPHEN W. SEWARD JEFFREY W. HIGGINS APPOINTMENT TO THE GRADE INDICATED IN THE MARK S. SHORT KENNETH D. HONAKER UNITED STATES ARMY DENTAL CORPS UNDER TITLE 10, FORBES E. SMITH JOHN D. HUNT U.S.C., SECTIONS 531 AND 3064: LISA M. SMURR SCOTT P. HUTCHINS To be major MICHELLE R. SMYTH GREGORY C. JONES ZACK T. SOLOMON KURT D. JONES PIERRE R. PIERCE CHARLES L. STANLEY NICHOLAS KOSKIVACIRCA JERRY L. STARR BRIAN J. KRAEMER THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR RAYMOND A. STERLING GREGORY D. LEE APPOINTMENT TO THE GRADE INDICATED IN THE CARRIE A. STORER JAMES E. LEHMAN UNITED STATES ARMY NURSE CORPS UNDER TITLE 10, YUN Y. UGAITAFA ROBERT M. LINDELL U.S.C., SECTIONS 531 AND 3064: BRADLEY J. WARR ROBERT S. LIPIRA To be major RICK E. WHITLEY PAUL A. LOOMIS MICHAEL V. WINTERS JULIO R. LOPEZ CHERYL A. CREAMER D060522 CINDY G. LUNDHAGEN AGA E. KIRBY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM H. MASON, JR. TO THE GRADE INDICATED IN THE UNITED STATES ARMY THEODORE S. MATHEWS, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND GALEN W. MAYS TO THE GRADE INDICATED IN THE UNITED STATES ARMY 3064: ROBERT K. MCCUTCHEN, JR. VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS STEPHEN V. MOTYLINSKI 624 AND 3064: To be major TIMOTHY E. NELSON To be major BRETT A. NEWMAN JOHN L. AMENT JOHN E. PATCHETT KATHRYN A. BELILL MARIA O. ANGELES THOMAS O. PEMBERTON JOCELIN S. BLAKE ANGELIKA R. AVERY EDWARD P. PERNOTTO MARLA K. BRUNELL KENNY BARAJAS ROY A. PETERSON NICHOLAS R. CABANO DAVID E. BENNETT RAYMOND F. PIJMA SCOTT C. CHAMBERLIN DWIGHT R. BERRY BRIAN A. RENO BARBARA CLOUTIER ALLAN J. BOUDREAUX MICHAEL L. RICCI DAVID COX DEREK A. BOWLS JOHN S. RUSSELL THOMAS H. EDWARDS JASON J. BROOKHART KEITH D. SCHULTZ SCOTT J. GOLDMAN KRISTAL R. BRYANT STEPHEN L. SEAMAN PATRICK J. GRIMM EDWARD F. BURKE MICHAEL C. SHIEH LANE A. HANSEN LORI K. BURRELL DARRIN SIMMONDS KATHERYN E. HANSON RENEE L. BUSSE ROBERT J. STANTON ROBERT V. HAWLEY RUSSELL B. CARROLL JOHN P. STOKES ERIN H. HUISINGA SAWYER G. CASLEY STEVEN J. TALLEY MICHELLE A. JEFFERSON MARGARET D. CECIL ROGER J. TANNER EILEEN K. JENKINS RHONDA L. CENTUOLO BRUCE R. TAYLOR SHANNON H. LACY JO A. CLABAUGH DAVID L. THIRTYACRE GREGORY S. LAUGHLIN RICHARD CLARK MARK C. WESTON ERIC D. LEE SHANNON M. COLE GREGORY G. WEYDERT JAMES PRATT ADAMS J. COLEMAN RONALD A. WILT CHRISTOPHER SCHELLHASE YETTA E. CONCINA ROBERT J. WITTMANN JUSTIN R. SCHLANSER CHRISTOPHER L. CONNORS DERIC K. WONG DANIELLE M. TACK MICHAEL R. CORBIN JAMES R. WYATT, JR. SUZANNE R. TODD ROBERT L. CORSON STEVEN L. YOUSSI SARAH R. CREASON IN THE ARMY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARY A. CRISPIN TO THE GRADE INDICATED IN THE UNITED STATES ARMY NOVELLA L. CURRINGTON THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., SHIRLEY DANIEL INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE SECTIONS 624 AND 3064: MIGUEL L. DELEON 10, U.S.C., SECTION 12203: To be major DAVID D. DEWITT To be colonel TERRY R. DICKINSON CHRISTOPHER ALLEN TIM N. DINH SCOTT A. GRONEWOLD JOHN S. BARNETT BRENT L. DONMOYER SCOTT J. BAUMGARTNER LAUREN L. DOWLESS THE FOLLOWING NAMED INDIVIDUALS TO THE GRADE RONNY P. BIGHAM EDWARD E. DUNTON II INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE CHARLES G. BLAKE JUDY J. ELSBURY 10, U.S.C., SECTION 12203: ROBERT W. BRADLEY MICHAEL S. FISHER To be colonel DARREN C. BRISENO JENNIFER L. FLORENT DAVID W. BROUSSARD DREXEL D. FORBES ROBERT L. KASPAR, JR. JAMES M. BRUMLEY CLAUDE E. FOURROUX DAVID K. SCALES KEVIN W. BURNHAM MICHAEL S. FRANZ THE FOLLOWING NAMED ARMY NATIONAL GUARD OF JAMES P. BURNS ROBERT K. FREDREGILL THE UNITED STATES OFFICER FOR APPOINTMENT TO TED T. CHAPMAN SILVANA R. FRENCH THE GRADE INDICATED IN THE RESERVE OF THE ARMY MAE H. CISNEROZ LAURA M. GALLAWAY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: JEFFREY W. CLARK RUBEN GARCIA CHRISTOPHER B. COLE RACHEL GEORGE To be colonel ANDREW D. CONTRERAS ALVIN J. GIBBONS ROBERT J. CROUCH III JAYNE A. GIBSON EMMETT W. MOSLEY MICHAEL A. DAVIDSON THURAYYA C. GILLIS THE FOLLOWING NAMED ARMY NATIONAL GUARD OF EARL K. DOWNS CARRIE L. GIPSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOSEPH S. ESTRADA LESLIE A. GOODWIN THE GRADE INDICATED IN THE RESERVE OF THE ARMY THOMAS D. FELDMAN WENDY L. GRAY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: LORIE L. FIKE YVONNE M. HEIB CHRISTOPHER A. FLAUGH WILLIAM R. HERRMANN To be colonel WILLIAM P. GAFFNEY REGINALD A. HILLS ANDREW C. MEVERDEN DAVID M. GANN LINDA G. HOUSTON APRIL M. SNYDER SCOTT M. GILPATRICK INGRID L. HUFFMAN LYNN L. GROSVENOR JEFFREY T. HULEN THE FOLLOWING NAMED INDIVIDUALS FOR REGULAR EDWARD A. HAIRSTON SARAH T. HUML APPOINTMENT TO THE GRADES INDICATED IN THE ROBERT R. HOWES JENNIFER R. HUXEL

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MARY E. ITTNER AMANDA J. FARLEY ROBERT V. WILLIAMS II DETRA T. JACKSON ERICH T. FELPS SARAHTYAH T. WILSON LISA G. JACKSON VANESA D. FINKLEA IN THE MARINE CORPS RICHARD Y. JACOBSON, JR. ERIC R. FLEMING KRISTIN D. JAUREGUI CHADWICK B. FLETCHER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR HYUN J. KANG ANTONIO FLORES APPOINTMENT TO THE GRADE INDICATED IN THE STEVEN S. KERTES RICHARD K. FLOYD UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ANN K. KETZ BRIAN T. FREIDLINE SECTION 624: MELODY A. KONGNDOUMBE JOLANDA L. J. GARDNER KIJA A. KOROWICKI ROBERT G. GATES To be lieutenant colonel ROBERT E. LAJERET ANTHONY J. GENTILIA MATTHEW E. SUTTON DAVID D. LAMBERT JALEH GHALANDARYSAFAVI GERALD G. LANGSTON DAVID L. GLAD THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR THERESA L. LEWIS TAMMY D. GLASCOE APPOINTMENT TO THE GRADE INDICATED IN THE LARRY J. LINVILLE, JR. BRYAN T. GNADE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LAURA O. LORENSON RAINIER A. GONZALES SECTION 624: MARY M. MARAN MICHELLE J. GRADNIGO STEPHANIE K. MARTINSON ANDREW R. GREGORY To be lieutenant colonel REINALDO MASGONZALEZ MATTHEW J. GRIESER ANDREW N. SULLIVAN BILLIE J. MATTHEWS BRENT W. GRUVER DORIANNE C. MAY DANIEL M. GRUVER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR REBECCA K. MCARTHUR JIAN GUAN APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL C. MCKINNEY CASEY E. HAINES UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DEREK L. MEAUX JAMES P. HALSTEAD SECTION 624: EILEEN C. MELVILLE CERISE R. HAMLIN To be lieutenant colonel CHRISTOPHER G. METCALF CHRISTOPHER L. HANSEN LORI M. METCALF JONATHAN M. HARTMAN TRACY G. BROOKS STEVEN T. MEYER NORVIS HAYGOOD JOHN L. MITCHELL, JR. TIFFANY N. HEADY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR IDA S. MONTGOMERY MARK C. HEARD APPOINTMENT TO THE GRADE INDICATED IN THE PILLY A. MORALESMATEO MICHAEL D. HIETT UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., VINCENT B. MYERS ADAM N. HOUDE SECTION 624: LESLIE J. NANCE NORLAND V. JAMES To be lieutenant colonel BIRGIT B. NOSALIK THWANA JOHNSON BRADLEY P. OBRIEN DONALD C. JOHNSTON PETER M. BARACK, JR. TRACY J. OSTROM ALAN A. JONES JACOB D. LEIGHTY III OMETRISS M. PARKER JASON M. JONES LILLIAN S. PERKINS PAUL J. KASSEBAUM THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR LISA D. PHILLIPS MARILYN V. KEENE APPOINTMENT TO THE GRADE INDICATED IN THE PAULINE A. POTTER TODD M. KIJEK UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LORI E. POYNTER CHRISTOPHER W. KISS SECTION 624: CHRISTINE M. QUINTANA KEL H. KRATZER To be lieutenant colonel JAY M. RAMES ROBERT D. KUNKEL BRENT K. RAMSEY JOSEPH E. LABRIE III DAVID G. BOONE DARRELL G. REAMER LESLIE M. LATIMORELORFILS JAMES A. JONES BRIAN H. REASONER JASON D. LING ANGELA R. REDMOND HERBERT LORFILS THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR COLLEEN M. REID JOHN E. LOUCH APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD E. RICKLEY ELIASIB LOZANO UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JENNIFER L. ROBINSON CLAUDIA S. LUNA SECTION 624: TORRES J. RODRIGUEZ LUCINDA LYONS To be lieutenant colonel JOSEPH A. ROMEO MARILYN C. MACALOS THERESA A. ROSS JAMES C. MAKER WILLIAM A. BURWELL LINDA K. SCOTT DAVID R. MALDONADOLOPEZ BALWINDAR K. RAWALAYVANDEVOORT WILLIAM S. SEDGWICK JALALUDDIN A. MALIK THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR MARIA H. SHELTON MATTHEW J. MAPES APPOINTMENT TO THE GRADE INDICATED IN THE DOUGLAS A. SIMMONS JEFFREY J. MCCONIHAY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., WYLIE K. SIMMONS HARRY MCDONALD, JR. SECTION 624: DONNA C. SMAWLEY SEAN P. MCDONALD CHRISTOPHER T. STAKE PETER A. MIELO To be lieutenant colonel MARK R. STIPSITS CASSANDRA L. MIMS ROBERT M. STOHLER ZENITA E. MITCHELL KURT J. HASTINGS CATHERINE E. SUNDERLAND ELLIS R. MOFFETT CALVIN W. SMITH ALICIA D. SURREY COHN R. MOON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR RUBY J. THOMAS SEQUIN H. MOSLEY APPOINTMENT TO THE GRADE INDICATED IN THE SAFIYA S. THOMAS ALFRED H. NADER III UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JEFFREY D. THOMPSON CLAUDIA G. NOYOLA SECTION 624: TRACY A. THORNTON JAMES A. NUCE JUSTIN T. VAUGHN KATHERINE M. NYGREN To be lieutenant colonel DWAYNE D. WATSON CHRISTOPHER J. OLIVER JAMES P. MILLER, JR. SHEILA J. WEBB CHRISTIAN K. OLSON WALTER D. ROMINE, JR. MATTHEW D. WELDER TRAVIS D. PAMENTER MARC TARTER STEPHEN WELLINGTON ANTHONY W. PATTERSON JAMES H. WILSON SHAWN M. PECINOVSKY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR MICHAEL W. WISSEMANN LORENZA L. PETERSON APPOINTMENT TO THE GRADE INDICATED IN THE WENDY G. WOODALL NAOMI S. PETTYMADISON UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LALINI PILLAYCLARKE SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARTIN J. REIDY III TO THE GRADE INDICATED IN THE UNITED STATES ARMY NATHANIEL J. ROBERTS To be major MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- DAVINA M. ROBINSON DAVID S. PUMMELL TIONS 624 AND 3064: CZARVITTO J. ROGERS To be major PAUL R. ROLEY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR SABRINA R. ROOKSTHWEATT APPOINTMENT TO THE GRADE INDICATED IN THE TERRYL L. AITKEN EDUARDO J. ROSA III UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ERIC J. ANSORGE MARTIN A. RUSSELL SECTION 624: JUSTIN AVERY ALAN G. SCHILANSKY II MATTHEW T. BELL ANDREW T. SCHNAUBELT To be major KENNETH R. BERRY JEFFREY B. SCHNOOR ROBERT M. MANNING ROBYN BETHEA STEPHANIE A. SIDO AMY M. BIRD TRACY C. SMALL THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR VAZQUEZ P. BONILLA ANNETTE M. SMITH APPOINTMENT TO THE GRADE INDICATED IN THE KEVA R. BROWN ROSE L. SMYTH UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., LESLY C. CALIX SUSAN L. SNOW SECTION 624: COLLEEN E. CANNONE ERIC F. STEEN DONALD W. CARDEN KIRSTEN F. SWANSON To be major TELLIS L. CARR MATTHEW T. SWINGHOLM MICHAEL A. SYMES JOHN D. CARTER XIAOLIAN TAN LAKISHIA T. CHEEFUS MATTHEW P. TARJICK THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR TROY D. CHINEVERE TERESA M. TERRY APPOINTMENT TO THE GRADE INDICATED IN THE RICKEY CHRISTOPHER WILLIAM A. TUDOR, JR. UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SIDNEY M. COBB SORAYA TURNER SECTION 624: MICHELLE COLACICCOMAYHUGH BRIAN M. VANHALL To be major BRADLEY M. DAMSCHEN MICHAEL L. VANZILE TAMBA DAUDA JOSE M. VELAZQUEZ PAUL A. SHIRLEY KATHRYN M. DAVIS DARRIN M. VICSIK KYMBERLY A. DEBEAUCLAIR DAVID V. WALSH THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR GRACE M. DENEKE BRENDAN L. WATSON APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL R. DEVRIES FRED K. WEIGEL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ERICA R. DIJOSEPH MARC R. WELDE SECTION 624: CHRISTOPHER N. DUNCAN MICHAEL S. WHIDDON To be major LIQUORI L. ETHERIDGE RACHEL J. WIENKE CHRISTOPHER C. EVERITT EMILE K. WIJNANS RICHARD D. KOHLER

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THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR CLENNON ROE III IN THE NAVY APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECTION 624: APPOINTMENT TO THE GRADE INDICATED IN THE TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNDER TITLE 10, U.S.C., SECTION 624: To be major SECTION 624: To be commander JULIE C. HENDRIX To be major MAURO MORALES DEANDREA G. FULLER KEITH D. BURGESS THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR CHRISTOPHER S. EICHNER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APPOINTMENT TO THE GRADE INDICATED IN THE GERALD D. HABIGER TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TROY A. KACZMARSKI UNDER TITLE 10, U.S.C., SECTION 624: SECTION 624: DANIEL C. KOCH To be major BRIAN J. SPOONER To be lieutenant commander STEVEN J. SHAUBERGER CHRISTOPHER N. NORRIS THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR RICHARD P. OWENS APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MARK S. ROY UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MENT TO THE GRADE INDICATED IN THE REGULAR NAVY SAMUEL W. SPENCER III SECTION 624: UNDER TITLE 10, U.S.C., SECTION 531: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be major To be lieutenant commander APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., MARK L. HOBIN KAREN M. STOKES SECTION 624: GARY S. LIDDELL TERRY G. NORRIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ANTHONY M. NESBIT TO THE GRADE INDICATED IN THE UNITED STATES MA- PAUL E. RICHARD RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION To be captain PAUL ZACHARZUK 12203: SCOTT D. SHIVER THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be colonel APPOINTMENT TO THE GRADE INDICATED IN THE THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KEVIN J. ANDERSON POINTMENT IN THE GRADES INDICATED IN THE UNITED SECTION 624: WALTER W. AUDSLEY STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: LANCE S. BOOKLESS To be major BRUCE L. BROWN To be commander ROBERT G. CAGLE, JR. GREGORY R. BIEHL CRAIG W. AIMONE LOUIS CALA JOHN F. REYNOLDS, JR. DIRK B. PADGETT BRYAN S. TEET VINCENT P. CODISPOTI DEAN E. CRAFT To be lieutenant commander THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR ERIC P. CRUDO APPOINTMENT TO THE GRADE INDICATED IN THE LEONARD J. DEFRANCISCI DAVID R. COLEMAN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., THOMAS H. GOESSMAN JAMES B. EASTON SECTION 624: MICHAEL A. HALT RICHARD C. PLEASANTS To be major GARRET H. HUBBARD HIEN T. TRINH JAY J. KRAIL MATTHEW M. WILLS TRAVIS R. AVENT JOSEPH R. MAGUIRE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGG R. EDWARDS SCOTT E. MAKER TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL A. MARTIN UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR KEVIN J. MULLALLY APPOINTMENT TO THE GRADE INDICATED IN THE JAMES M. MUMMA To be captain UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DAVID E. OBRIEN SECTION 624: SEAN E. PECHON DANIEL G. CHRISTOFFERSON To be major SCOTT T. PETERSON JAMES L. GRAY, JR. GERARDO L. PISCOPO DENNIS J. MCKELVEY JOSE A. FALCHE MICHAEL J. STOUGHTON RODNEY A. MILLS CHRISTOPHER L. FIELDS THOMAS W. WHITEHOUSE GLENN W. PENDRICK DONALD A. JOHNSON EDWARD P. WOJNAROSKI, JR. ALBERT D. PERPUSE

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The House met at 10 a.m. and was that the Senate agreed to the following tached to the office of Secretary of the Inte- called to order by the Speaker pro tem- resolution: rior are those which were in effect on Janu- ary 1, 2005. pore (Mrs. TAUSCHER). S. RES. 8 f In the Senate of the United States, Janu- f DESIGNATION OF THE SPEAKER ary 6, 2009. ANNOUNCEMENT BY THE SPEAKER Whereas Claiborne Pell represented the PRO TEMPORE PRO TEMPORE people of Rhode Island with distinction for 36 The SPEAKER pro tempore laid be- years in the United States Senate, from 1961 The SPEAKER pro tempore. The fore the House the following commu- to 1997, and was the longest-serving Senator Chair will entertain up to 15 requests nication from the Speaker: in Rhode Island’s history; for 1-minute speeches on each side of Whereas Claiborne Pell served in the the aisle. WASHINGTON, DC, United States Coast Guard and the Coast January 7, 2009. Guard Reserve, beginning in 1941 and retiring f I hereby appoint the Honorable ELLEN O. in 1978 with the rank of Captain; TAUSCHER to act as Speaker pro tempore on Whereas Claiborne Pell participated in the STAND FOR THE RULE OF LAW, this day. 1945 United Nations Conference on Inter- NOT THE RULE OF FORCE NANCY PELOSI, national Organization that established the (Mr. KUCINICH asked and was given Speaker of the House of Representatives. United Nations, and was a champion of the permission to address the House for 1 f United Nations throughout his life; Whereas Claiborne Pell served as a Foreign minute and to revise and extend his re- PRAYER Service Officer from 1945 to 1952; marks.) Whereas Claiborne Pell sponsored the leg- Mr. KUCINICH. Madam Speaker, we The Chaplain, the Reverend Daniel P. islation that, in 1965, created the National cannot truly celebrate a new year, a Coughlin, offered the following prayer: Endowment for the Arts and the National new Congress and a new administration Lord our God, gathered together as Endowment for the Humanities and, in 1966, if all we see is the same old destruction Members of the 111th Congress, we are created the National Sea Grant College and in the Middle East with U.S. weapons ready to work for the good of this Na- Program; being illegally used to kill children. tion. Called by Your voice and the will Whereas Claiborne Pell’s vision led to the I oppose Hamas’ rocket attacks on of free people, make us attentive to creation of an improved passenger rail sys- Israel. The rocket attacks, even to try Your word. Being restless in our world, tem in the Northeast and across the United States; to end the blockade, have no moral jus- grant us Your peace. Whereas Claiborne Pell believed that eco- tification, are illegal, and must stop. Whatever their diverse needs, let us nomic means should not be a barrier to a But how can Israel claim self-defense respond the best we can. Having found higher education and sponsored legislation when it bombs Gaza, which has no common ground in this Nation’s his- creating the Basic Educational Opportunity army, no air force, no navy, and has tory and principles of this sound gov- Grants in 1972, which were renamed ‘‘Pell been under a constant blockade? How ernment, guide us to accomplish deeds Grants’’ in 1980; Whereas Pell Grants have helped 54,000,000 can Israel claim self-defense when its of justice and good order for all our people in the United States secure a higher bombs destroy U.N. schools, killing citizens. education; children? We commend ourselves and this Na- Whereas Claiborne Pell sought to expand The children of Palestinians and the tion to You, as the shepherd and guard- educational opportunities throughout his children of Israel both deserve life. But ian of our souls, now and forever. tenure as a member and as Chairman of the the lives of the children of Gaza are Amen. Senate Subcommittee on Education, Arts and Humanities; cynically discounted as human shields. f Whereas Claiborne Pell served as Chairman Massacres are being rationalized. THE JOURNAL of the Senate Committee on Foreign Rela- Israel’s ‘‘moral high ground’’ in Gaza, a tions in the 100th through 103rd Congresses; The SPEAKER pro tempore. The growing pile of small bones in a grave- Whereas Claiborne Pell was a champion of yard. Chair has examined the Journal of the human rights who devoted himself to pro- last day’s proceedings and announces moting a peaceful resolution to inter- The administration knows Israel is to the House her approval thereof. national conflict and the elimination of the using U.S. weapons, paid for by U.S. Pursuant to clause 1, rule I, the Jour- threat of nuclear weapons; and taxpayers, with disproportionate force, nal stands approved. Whereas the hallmarks of Claiborne Pell’s creating a collective punishment of public service were unsurpassed respect, de- Gazans, assuring an escalation of con- f cency, and civility: Now, therefore, be it flict, clear violations of the Arms Ex- Resolved, That— PLEDGE OF ALLEGIANCE (1) the Senate has heard with profound sor- port Control Act. The SPEAKER pro tempore. Will the row and deep regret the announcement of the Israel was given U.S. weapons on con- gentleman from Arkansas (Mr. death of the Honorable Claiborne Pell, dition they would not be used for ag- gression or escalation. This outgoing BOOZMAN) come forward and lead the former member of the United States Senate; (2) the Secretary of the Senate commu- House in the Pledge of Allegiance. administration must finally stand for nicate these resolutions to the House of Rep- the rule of law, not the rule of force. Mr. BOOZMAN led the Pledge of Alle- resentatives and transmit an enrolled copy giance as follows: thereof to the family of the deceased; and f I pledge allegiance to the Flag of the (3) that when the Senate adjourns today, it IN MEMORY OF SERGEANT JOHN stand adjourned as a further mark of respect United States of America, and to the Repub- PENICH, U.S. ARMY lic for which it stands, one nation under God, to the memory of the Honorable Claiborne indivisible, with liberty and justice for all. Pell. (Mr. BOOZMAN asked and was given f The message also announced that the permission to address the House for 1 Senate agreed to the following joint minute and to revise and extend his re- MESSAGE FROM THE SENATE resolution: marks.) A message from the Senate by Ms. S.J. Res. 3. Joint resolution ensuring that Mr. BOOZMAN. Madam Speaker, I Curtis, one of its clerks, announced the compensation and other emoluments at- rise today to honor a brave American

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.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 248 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 soldier who sacrificed his life for free- Madam Speaker, as change comes to But we also have an opportunity to dom, Sergeant John Penich. Washington, we should work in a bipar- modernize our health care system with Sergeant Penich, by all accounts, tisan manner to pass an economic re- new computer technology that will was an extraordinary solider whose covery package quickly. We cannot af- greatly reduce health care costs and hard work and determination earned ford to wait. will improve care for every American. him the title of Soldier of the Year in f Madam Speaker, I look forward to 2007 for his brigade. His bravery was working with all of my colleagues in evident in combat on several occasions. A NEW YEAR crafting a bipartisan plan that will Brigadier General Perry Wiggins has (Mr. WILSON of South Carolina help rebuild our economy so that we said he knows of three separate in- asked and was given permission to ad- can get people back to work. stances when Sergeant Penich saved dress the House for 1 minute and to re- f the lives of his comrades. vise and extend his remarks.) According to newspaper reports, one Mr. WILSON of South Carolina. SELF DEFENSE AGAINST of his final acts of bravery came on Madam Speaker, this year we should RELIGIOUS EXTREMISM September 6, 2008, when his patrol was work immediately to address the chal- (Mr. POE of Texas asked and was attacked by rocket-propelled grenades lenges facing our Nation. Recent job given permission to address the House and small-arms fire. He showed his losses and a decline in the housing for 1 minute.) courage under fire, taking charge and market have led many Americans to Mr. POE of Texas. Madam Speaker, reestablishing security and saving the lose confidence in our economy. I am the radical hate group Hamas in Gaza lives of his platoon members. His optimistic, however, that sound bipar- has refused to renew a truce with heroics on that day earned him a Silver tisan solutions that support small busi- Israel. It has begun once more firing Star, the third highest honor given to nesses and provide tax relief to Amer- thousands of Iranian-made rockets into members of the armed services for ican families will mean a quicker re- Israel. Numerous Israelis have died in valor. covery and less of a burden on future the last 11 days. Five and a half weeks after he earned generations of taxpayers. Hamas wants to annihilate Israel be- the Silver Star, he gave the ultimate As we expand opportunities for job cause, well, they’re Jews. Hamas kills sacrifice. Sergeant Penich put himself creation, Congress should promote an people that aren’t radical Muslims like in harm’s way to make the world a bet- all-of-the-above energy strategy. We themselves. That’s why they’re called ter place. cannot sustain our expensive and stra- terrorists. His commitment to this country is tegically dangerous dependence on for- Hamas cowardly hides among civil- second to none. He wanted to be an of- eign oil. ians for cover, fires rockets, then is in- ficer, and there’s no doubt we would While there remain enemies who dignant if Israel defends itself. But have benefited from this young man’s threaten our freedoms, I am grateful Israel has moved into Gaza to find tremendous leadership abilities. that our fighting men and women re- these bad guys. Sergeant John Penich is a true main committed to their duty. We Some world leaders, rather than American hero. I ask that my col- must defeat terrorists overseas to pro- mounting pressure on Hamas to stop leagues keep his family and friends in tect American families at home. We the rocket attacks, are calling for a their thoughts and prayers during this must always honor our military and ceasefire, even a unilateral withdrawal very difficult time. veterans. of Israeli forces from Gaza. In other f I am confident that we will lead our words, peace at any price. Nation toward greater prosperity and Peace ought to be a goal, but not at CONGRESS MUST WORK TO SAVE security if we trust and invest in the all costs. Actually, some things are AND CREATE JOBS DURING ingenuity and spirit of the American worth fighting for. Now is not the time THESE UNCERTAIN TIMES people with limited government. for unrealistic, hopeful idealism. Lives (Ms. LORETTA SANCHEZ of Cali- In conclusion, God bless our troops, are on the line. fornia asked and was given permission and we will never forget September the Men may cry peace, peace, but there to address the House for 1 minute and 11th. can be no peace as long as Hamas kills to revise and extend her remarks.) f in the name of religion. Ms. LORETTA SANCHEZ of Cali- And that’s just the way it is. fornia. Madam Speaker, last year, ECONOMIC RECOVERY PLAN f nearly 2 million Americans lost their INVESTS IN AMERICA’S FUTURE jobs. Almost half of those job losses (Mr. PALLONE asked and was given RULE CHANGES BY THE MAJORITY came in October and November, after permission to address the House for 1 (Mr. GINGREY of Georgia asked and the financial collapse of Wall Street. minute.) was given permission to address the The December jobs numbers will be Mr. PALLONE. Madam Speaker, at a House for 1 minute and to revise and out in a couple of days, but it is not time of great economic anxiety, this extend his remarks.) likely to be good news. All month long new Congress faces enormous chal- Mr. GINGREY of Georgia. We had retailers were saying that they had to lenges. In the next 6 weeks we’re going two Members, Madam Speaker, speak lay off seasonal help because Ameri- to craft and hopefully pass an eco- this morning on the issue in the Gaza cans simply were not spending their nomic recovery package that will cre- Strip. I tend to agree with my col- money. And that’s not surprising, con- ate and save millions of jobs and will league on this side of the aisle, Mr. sidering that many of our constituents help jump start our economy with in- POE, and tend to disagree with my col- are justifiably concerned about their vestments in some of our Nation’s top league on the other side of the aisle, job security. Even those that are con- priorities. the Democratic Member, Mr. KUCINICH. fident that they will hold on to their At a time when millions of Ameri- But I did want to point out some- jobs are feeling financially squeezed be- cans are losing their health insurance, thing, the analogy between what he cause they are being paid less than Washington needs to provide critical said and what happened on the floor of they were 10 years ago. assistance to States so that they can this House yesterday in regard to As the 111th Congress begins this continue to provide health care serv- changing the rules package. Mr. week, we are committed to getting ices through Medicaid. If Congress does KUCINICH said, in regard to the propor- Americans back to work and pre- not act, States will have no other tionality and Israel’s response to venting further job cuts from hap- choice than to begin dropping cov- Hamas and the Gaza Strip, we ought to pening later this year. We also want to erage. That is an immediate health abide by the rule of law, rather than provide middle class Americans with care concern that we should deal with the rule of force. tax relief so they can better afford as part of any economic stimulus pack- Well, I would say the same thing to their monthly bills. age. the Democratic majority in regards to

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 249 the rules change yesterday. You have a people of this body, we sent a rescue There is a plan already on the table 40-vote margin, and you come in and package for the auto industry over to that has garnered the support of over you change the rules, and all of a sud- the Senate. Unfortunately, the Senate 100 Members of the House. It is the bi- den you weaken your PAYGO initiative did not allow it to come up for a vote. partisan plan that Congressman COO- so that you can declare spending an Fortunately, President Bush and the PER and I have that puts every spend- emergency to avoid PAYGO. administration offered and extended a ing program on the table and that sets You said when you took control in bridge loan to the auto industry to up a bipartisan commission of eight the 110th that this business of holding keep the hardworking men and women Republicans and eight Democrats. a vote open for 31⁄2 hours, breaking employed and to keep America’s manu- If this Congress does not pass this, arms to change a vote, should never facturing sector vital. We did not re- then no Member ought to be able to go occur. You wanted to eliminate that, joice. home and give the traditional Rotary and now you say that’s okay; we can do We understand that restructuring is speeches about how concerned they are that. necessary and that it will be painful. It for your children and for your grand- I would say to my Democratic major- will intensify and it will continue, but children of the country. The real issue ity, despite those rules changes, for the we also vow to do what we need to do is, with trillion-dollar deficits, if we sake of the American people, I hope my to ensure that America keeps its en- don’t deal with the entitlement issues, colleagues on the other side of the aisle gine of prosperity and its arsenal of de- we will fail. come to recognize the need to include mocracy. We will prove the doubters f all voices in the legislative process. wrong. DEMOCRATS LOOK TO PROVIDE f f TAX RELIEF TO 95 PERCENT OF PAYCHECK FAIRNESS ACT AND DEMOCRATS LOOK TO PROVIDE AMERICANS THE LILLY LEDBETTER FAIR TAX RELIEF TO 95 PERCENT OF (Ms. WATSON asked and was given PAY ACT AMERICANS permission to address the House for 1 (Mrs. MALONEY asked and was given (Mr. PERLMUTTER asked and was minute.) permission to address the House for 1 given permission to address the House Ms. WATSON. Madam Speaker, the minute.) for 1 minute.) current economic recession is putting a Mrs. MALONEY. Madam Speaker, Mr. PERLMUTTER. Our Nation is lot of pressure on American families. this week, this Congress will take up facing some of the worst economic con- Today, millions of our constituents are two tremendously important bills that ditions in decades. By the end of next fearful that they could lose their jobs will work towards ending discrimina- year, our economy could fall $1 trillion any day now. tion against women who still earn 78 short of its full capacity. That is a loss Last night, my sister told me that cents to the dollar. We hope to get it to of $12,000 of income for every family in she lost hers in New York. They’ve the Senate, pass it in the Senate and America. We cannot continue on this seen family members or work col- have it on President Obama’s desk as same economic course. Congress must leagues already let go, and they are un- one of the first bills for him to sign. take bipartisan action in the coming certain about their futures. They are The Paycheck Fairness Act could be weeks to improve our economy both in also working for less money than they called the Free Speech Restoration Act the near term and down the line. did 10 years ago. Yet they face sky- because one of its features simply en- Economists tell us that we must act rocketing bills for their children’s edu- sures that employees have the right to in bold terms—that we must invest in cation, for health care and for their give out personal information on how new technologies and, most impor- own groceries. They hear the bleak much they make without being fired. tantly, that we must invest in the economic forecast on the news every Some of our corporations say, if you American people. night, and they’re looking for help. We tell anyone how much you make, you Congress should work with Presi- all know that the U.S. economy is in will be fired. dent-elect Obama to craft a targeted trouble, but now the question is: What The second, the Lilly Ledbetter Fair and fiscally responsible economic re- are we going to do about it? Pay Act, says that you can no longer covery package that invests in the Democrats and Republicans must cap damages. You cannot cap the middle class families by providing come together to pass a robust eco- amount of time that a person can be them with tax relief during these un- nomic recovery package that includes discriminated against. The Supreme certain times. tax relief to middle class families so we Court held that if you did not bring a Madam Speaker, it’s going to take can begin to relieve the pressure that case within 180 days about pay dis- time to turn this economy around, but they feel every time they pay a bill. crimination, you could never bring it. we should start the process imme- Madam Speaker, the American peo- So for 18 years, Lilly Ledbetter was diately so that all Americans can once ple are looking to us for help and for discriminated against, and this Su- again live the American dream. help to jump start this economy. Let’s preme Court said she could not bring f go to work. suit. This Congress is changing that THE COOPER-WOLF SAFE COMMIS- f with this bill. SION: A BIPARTISAN SOLUTION THE NEED FOR BIPARTISANSHIP I urge a ‘‘yes’’ vote on these impor- IN THIS ECONOMIC CRISIS tant bills. (Mr. WOLF asked and was given per- mission to address the House for 1 (Mr. ADLER of New Jersey asked and f minute and to revise and extend his re- was given permission to address the b 1015 marks.) House for 1 minute.) Mr. WOLF. Madam Speaker, I have Mr. ADLER of New Jersey. Madam MAINTAINING AMERICA’S never been more concerned about the Speaker, last year, our economy expe- PROSPERITY AND DEMOCRACY short-term and the long-term budget rienced the weakest employment (Mr. MCCOTTER asked and was given shortfalls we face as a Nation. growth since the Great Depression, permission to address the House for 1 Yesterday, President-elect Obama causing more and more families across minute and to revise and extend his re- said we have trillion-dollar deficits for the country to feel financially marks.) years to come even with the economic strapped. The U.S. economy lost hun- Mr. MCCOTTER. When the House last recovery we’re working on. Whatever dreds of thousands of jobs in the first met in December, in the dying days of stimulus package, rumored to top $700 eleven months of 2008, and we heard the 110th Congress, thanks to the lead- billion, is brought to the House floor bad news this morning about Decem- ership of the Speaker and of the chair- for a vote, Congress has an historic op- ber’s reports. The employment rate man of Financial Services and of the portunity to work in a bipartisan way. last year reached the highest level

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 250 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 since 1993, and it could get worse, and the alphabetical order of the States, begin- vote is objected to under clause 6 of those who managed to keep their jobs ning with the letter ‘A’; and said tellers, rule XX. are experiencing stagnant and falling having then read the same in the presence Record votes on postponed questions wages. and hearing of the two Houses, shall make a will be taken later today. list of the votes as they shall appear from Americans are concerned about their the said certificates; and the votes having f futures as debts continue to mount, as been ascertained and counted in the manner PRESIDENTIAL RECORDS ACT bills pile up and as parents worry that and according to the rules by law provided, AMENDMENTS OF 2009 their children won’t have the same op- the result of the same shall be delivered to portunities they had. Small businesses the President of the Senate, who shall there- Mr. TOWNS. Madam Speaker, I move are an integral part of getting this upon announce the state of the vote, which to suspend the rules and pass the bill economy moving again. We must en- announcement shall be deemed a sufficient (H.R. 35) to amend chapter 22 of title sure that we take appropriate action to declaration of the persons, if any, elected 44, United States Code, popularly President and Vice President of the United assist small businesses and to restore known as the Presidential Records Act, States, and, together with a list of the votes, to establish procedures for the consid- our economic engine of growth. Small be entered on the Journals of the two businesses represent the backbone of Houses. eration of claims of constitutionally this country and of America’s unwaver- The Senate concurrent resolution based privilege against disclosure of ing entrepreneurial spirit. was concurred in. Presidential records. The Clerk read the title of the bill. Madam Speaker, we must address our A motion to reconsider was laid on The text of the bill is as follows: economic challenges quickly, and we the table. H.R. 35 must work in a strong bipartisan fash- f ion to relieve the financial strain Be it enacted by the Senate and House of Rep- PROVIDING FOR CONTINUATION OF resentatives of the United States of America in Americans feel every day. We must Congress assembled, work immediately to pass an economic JOINT COMMITTEE TO MAKE IN- AUGURATION ARRANGEMENTS SECTION 1. SHORT TITLE. recovery package. This Act may be cited as the ‘‘Presidential f The SPEAKER pro tempore laid be- Records Act Amendments of 2009’’. fore the House the following privileged SEC. 2. PROCEDURES FOR CONSIDERATION OF COMMUNICATION FROM THE Senate concurrent resolution: CLAIMS OF CONSTITUTIONALLY CLERK OF THE HOUSE BASED PRIVILEGE AGAINST DISCLO- S. CON. RES. 2 SURE. The SPEAKER pro tempore laid be- Resolved by the Senate (the House of Rep- (a) IN GENERAL.—Chapter 22 of title 44, fore the House the following commu- resentatives concurring), That effective from United States Code, is amended by adding at nication from the Clerk of the House of January 6, 2009, the joint committee created the end the following: Representatives: by Senate Concurrent Resolution 67 (110th ‘‘§ 2208. Claims of constitutionally based Congress), to make the necessary arrange- OFFICE OF THE CLERK, privilege against disclosure ments for the inauguration, is hereby contin- HOUSE OF REPRESENTATIVES, ‘‘(a)(1) When the Archivist determines Washington, DC, January 7, 2009. ued with the same power and authority pro- under this chapter to make available to the vided for in that resolution. Hon. NANCY PELOSI, public any Presidential record that has not The Speaker, House of Representatives, SEC. 2. Effective from January 6, 2009, the previously been made available to the public, Washington, DC. provisions of Senate Concurrent Resolution the Archivist shall— 68 (110th Congress), to authorize the rotunda DEAR MADAM SPEAKER: Pursuant to the ‘‘(A) promptly provide notice of such deter- permission granted in Clause 2(h) of Rule II of the United States Capitol to be used in mination to— of the Rules of the U.S. House of Representa- connection with the proceedings and cere- ‘‘(i) the former President during whose tives, the Clerk received the following mes- monies for the inauguration of the Presi- term of office the record was created; and sage from the Secretary of the Senate on dent-elect and the Vice President-elect of ‘‘(ii) the incumbent President; and January 6, 2009, at 5:13 p.m.: the United States, are continued with the ‘‘(B) make the notice available to the pub- That the Senate agreed to S. Res. 2. same power and authority provided for in lic. That the Senate agreed to S. Con. Res. 1. that resolution. ‘‘(2) The notice under paragraph (1)— That the Senate agreed to S. Con. Res. 2. The Senate concurrent resolution ‘‘(A) shall be in writing; and With best wishes, I am was concurred in. ‘‘(B) shall include such information as may Sincerely, A motion to reconsider was laid on be prescribed in regulations issued by the Ar- LORRAINE C. MILLER, the table. chivist. Clerk of the House. ‘‘(3)(A) Upon the expiration of the 20-day f period (excepting Saturdays, Sundays, and f legal public holidays) beginning on the date REAPPOINTMENT AS MEMBERS OF PROVIDING FOR A JOINT SESSION the Archivist provides notice under para- JOINT COMMITTEE ON INAU- graph (1)(A), the Archivist shall make avail- TO COUNT ELECTORAL VOTES GURAL CEREMONIES able to the public the record covered by the The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Pursu- notice, except any record (or reasonably seg- fore the House the following privileged ant to Senate Concurrent Resolution 2, regable part of a record) with respect to Senate concurrent resolution: which the Archivist receives from a former 111th Congress, and the order of the President or the incumbent President notifi- S. CON. RES. 1 House of January 6, 2009, the Chair an- cation of a claim of constitutionally based Resolved by the Senate (the House of Rep- nounces the Speaker’s reappointment privilege against disclosure under subsection resentatives concurring), That the two Houses of the following Members of the House (b). of Congress shall meet in the Hall of the to the Joint Congressional Committee ‘‘(B) A former President or the incumbent House of Representatives on Thursday, the on Inaugural Ceremonies: President may extend the period under sub- 8th day of January 2009, at 1 o’clock post me- paragraph (A) once for not more than 20 ad- Ms. PELOSI, California ridian, pursuant to the requirements of the ditional days (excepting Saturdays, Sundays, Constitution and laws relating to the elec- Mr. HOYER, Maryland and legal public holidays) by filing with the tion of President and Vice President of the Mr. BOEHNER, Ohio Archivist a statement that such an exten- United States, and the President of the Sen- f sion is necessary to allow an adequate review ate shall be their Presiding Officer; that two of the record. tellers shall be previously appointed by the ANNOUNCEMENT BY THE SPEAKER ‘‘(C) Notwithstanding subparagraphs (A) President of the Senate on the part of the PRO TEMPORE and (B), if the period under subparagraph Senate and two by the Speaker on the part of The SPEAKER pro tempore. Pursu- (A), or any extension of that period under the House of Representatives, to whom shall ant to clause 8 of rule XX, the Chair subparagraph (B), would otherwise expire be handed, as they are opened by the Presi- after January 19 and before July 20 of the dent of the Senate, all the certificates and will postpone further proceedings year in which the incumbent President first papers purporting to be certificates of the today on motions to suspend the rules takes office, then such period or extension, electoral votes, which certificates and papers on which a recorded vote or the yeas respectively, shall expire on July 20 of that shall be opened, presented, and acted upon in and nays are ordered or on which the year.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 251 ‘‘(b)(1) For purposes of this section, any have 5 legislative days in order to re- tions on Government Reform, and we claim of constitutionally based privilege vise and extend their remarks. come to it, I think, equally with the against disclosure must be asserted person- The SPEAKER pro tempore. Is there same vigor, with a vigor to make this ally by a former President or the incumbent President, as applicable. objection to the request of the gen- committee a bipartisan committee, a ‘‘(2) A former President or the incumbent tleman from New York? committee that works openly between President shall notify the Archivist, the There was no objection. the majority and minority for the pur- Committee on Oversight and Government Mr. TOWNS. Madam Speaker, I yield pose of making sure that government Reform of the House of Representatives, and myself such time as I may consume. works openly for the people who we the Committee on Homeland Security and H.R. 35, the Presidential Records Act serve. Governmental Affairs of the Senate of a Amendments of 2009, will restore public privilege claim under paragraph (1) on the b 1030 same day that the claim is asserted under access to Presidential records. Iden- paragraph (1). tical legislation was introduced in the I want to thank the chairman today ‘‘(c)(1) The Archivist shall not make pub- last Congress and passed the House because as we bring three votes from licly available a Presidential record that is with strong bipartisan support. our committee, each of these was subject to a privilege claim asserted by a The Presidential Records Act of 1978 shared with the other in consultation, former President until the expiration of the established that the records of the each of them was agreed were nec- 20-day period (excluding Saturdays, Sundays, essary and could be moved in a timely and legal public holidays) beginning on the President belong to the American peo- date the Archivist is notified of the claim. ple, not to the President. It also en- fashion today. Each of them will be ‘‘(2) Upon the expiration of such period the sured that these records would be re- presented to our conferences as non- Archivist shall make the record publicly leased to historians and to the public controversial, and in fact, ones that available unless otherwise directed by a in a timely manner. should pass unanimously or near court order in an action initiated by the In an executive order issued in No- unanimously. This is a great start. former President under section 2204(e). I’m particularly pleased with the ‘‘(d)(1) The Archivist shall not make pub- vember 2001, President Bush reversed licly available a Presidential record that is the presumption of disclosure in the chairman and myself to be able to offer subject to a privilege claim asserted by the Presidential Records Act. The order the first pieces of legislation of the incumbent President unless— gave Presidents and former Presidents 111th Congress because I expect that ‘‘(A) the incumbent President withdraws the ability to delay the public release this committee will be the most pro- the privilege claim; or of records even long after their own ductive committee of the Congress. It ‘‘(B) the Archivist is otherwise directed by deaths. For the first time, it gave is the committee that has the greatest a final court order that is not subject to ap- responsibility, as President-elect peal. former Presidents the ability to assert ‘‘(2) This subsection shall not apply with privilege over their own records. Obama has said, to make government respect to any Presidential record required Today’s legislation restores the in- accountable. We are that committee. to be made available under section 2205(2)(A) tent of the Presidential Records Act. It I look forward to it. As the chairman or (C). makes clear that only Presidents and said, this piece of legislation does re- ‘‘(e) The Archivist shall adjust any other- former Presidents, not former Vice store a balance. It is not a balance wise applicable time period under this sec- that’s without controversy, but it is a tion as necessary to comply with the return Presidents or the descendents of Presi- date of any congressional subpoena, judicial dents, can make assertions of privilege balance that I believe is appropriate. subpoena, or judicial process.’’. over records. It gives former Presidents Additionally, to what is in the lan- (b) RESTRICTIONS.—Section 2204 of title 44, the authority to assert privilege over guage of the bill, which the chairman United States Code (relating to restrictions their own records, but it requires a sit- did a good job of explaining, there is, in on access to presidential records) is amended ting President or a court to agree with fact, a final holdback which is any by adding at the end the following new sub- President asserting some Presidential section: the assertions in order for those ‘‘(f) The Archivist shall not make available records to be withheld from the public, secret or particular current damage to any original presidential records to any indi- and it sets strict deadlines for the the government would be able to over- vidual claiming access to any presidential President and former Presidents to re- come this legislation, but it will be the record as a designated representative under view records before they release them burden of the current President, and as section 2205(3) if that individual has been to the public. This legislation will pre- the chairman said, the burden of the convicted of a crime relating to the review, previous President to make a case for retention, removal, or destruction of records vent former Presidents from with- of the Archives.’’. holding embarrassing records, and will why records should not be made public (c) CONFORMING AMENDMENTS.—(1) Section allow historians to tell a complete rather than the other way around. 2204(d) of title 44, United States Code, is story about Presidential administra- I look forward to a floor vote on this amended by inserting ‘‘, except section 2208,’’ tions. on a bipartisan basis and urge passage after ‘‘chapter’’. I would like to thank the ranking of this bill. (2) Section 2207 of title 44, United States Code, is amended in the second sentence by member, of course, from California, I yield back the balance of my time. inserting ‘‘, except section 2208,’’ after Mr. ISSA, for his cooperation in moving Mr. TOWNS. Madam Speaker, I yield ‘‘chapter’’. this measure to the floor very quickly. 1 minute to the gentleman from Ohio (d) CLERICAL AMENDMENT.—The table of I would like to thank him for that. I (Mr. KUCINICH). sections at the beginning of chapter 22 of know that we share the same goals of Mr. KUCINICH. Thank you very title 44, United States Code, is amended by making government more open and less much, Mr. Chairman. adding at the end the following: wasteful, and we plan to work together I look forward to working with you ‘‘2208. Claims of constitutionally based privi- in this upcoming session of Congress lege against disclosure.’’. on those goals in a bipartisan manner. and working with Mr. ISSA. SEC. 3. EXECUTIVE ORDER OF NOVEMBER 1, 2001. I also thank the previous chairman, Executive Order No. 13233, dated November Congressman WAXMAN, for his work in I want to thank you for bringing this 1, 2001 (66 Fed. Reg. 56025), shall have no force the last Congress, who did a marvelous bill forward. If we truly have govern- or effect. job. Of course, that’s the reason why ment of the people, then there has to The SPEAKER pro tempore. Pursu- we are able to move very quickly, be- be transparency. And not only must ant to the rule, the gentleman from cause of some of the work that he was Presidents be accountable, but former New York (Mr. TOWNS) and the gen- able to do in the last Congress. Presidents must be accountable. And a tleman from California (Mr. ISSA) each Madam Speaker, I reserve the bal- system of transparency will ensure ac- will control 20 minutes. ance of my time. countability, particularly with respect The Chair recognizes the gentleman Mr. ISSA. Madam Speaker, I yield to Presidential records. from New York. myself such time as I may consume. Now this legislation will make it im- GENERAL LEAVE The new chairman and I both are as- possible for Presidential records to be Mr. TOWNS. Madam Speaker, I ask suming these positions after a long pe- buried. It’s going to set strict time unanimous consent that all Members riod of time of serving in lesser posi- frames in which information has to be

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 252 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 released to the public. It is not going elect has spoken of a desire for more to 12 years. The PRA also establishes proce- to permit former Presidents to have openness in government. We in Con- dures for Congress, courts, and subsequent unlimited, broad authority to be able gress share that goal, and this bill is an administrations to obtain special access to to claim through the existing Presi- important step towards a more trans- records that remain closed to the public, fol- dent executive privilege, and it is not parent White House. lowing a 30-day notice period to the former going to enable designees of Presidents I want to thank my colleague from and current Presidents. to assert claims of executive privilege California and his staff and my staff for Requires that Vice-Presidential records are after the death of a former President. the work that they’ve done on this bill. to be treated in the same way as Presidential So this is a very important moment I urge all of my colleagues to support records. where transparency in government this bill because this is definitely good This bill is important. It was under the Bush trumps the assertion of executive privi- government, and I think that we need administration that the e-mail controversy sur- lege. That can only be good for democ- to be about good government because faced in 2007. During that controversy which racy. we cannot afford the luxury of waste, involved the dismissal of eight U.S. attorneys, I want to thank once again Mr. fraud, and abuse. congressional requests for administration doc- TOWNS for his leadership in bringing Madam Speaker, I ask all of my col- uments while investigating the dismissals of this forward as one of the first bills of leagues to support this legislation. the U.S. attorneys required the Bush adminis- the 111th Congress. Ms. JACKSON-LEE of Texas. Madam tration to reveal that not all internal White Mr. TOWNS. Madam Speaker, I yield Speaker, let me congratulate you for your re- House e-mails were available, because they 1 minute to the gentleman from Mis- election as Speaker of the House. It is an were sent via a non-government domain souri (Mr. CLAY). honor that you have served with great distinc- hosted on an e-mail server not controlled by Mr. CLAY. I thank the chairman for tion and verve. I look forward to more of your the Federal Government. Conducting general yielding. continued leadership in the 111th Congress. government business in this manner possibly I look forward to working with Madam Speaker, I rise today in support of implicates the Presidential Records Act. The Chairman TOWNS, the new Chair of the H.R. 35, the Presidential Records Act Amend- Bush administration e-mail controversy high- Oversight and Government Reform ments, which amends chapter 22 of title 44, lights the need for these amendments and for Committee, as well as the ranking United States Code, popularly known as the the bill. member, Mr. ISSA. Presidential Records Act, to establish proce- I urge my colleagues to support this bill. Let me also say, as an original co- dures for the consideration of claims of con- Mr. WAXMAN. Madam Speaker, I thank sponsor of H.R. 35 and chairman of the stitutionally based privilege against disclosure Representative TOWNS for bringing this bill to Oversight Subcommittee, I am pleased of Presidential records. the floor. The outgoing Bush administration to see the measure presented for con- H.R. 35 provides that when the Archivist de- has an obsession with secrecy that has led it sideration by the House today. termines to make available to the public any to weaken many of this country’s open gov- Introduced by Chairman TOWNS, this Presidential record that has not previously ernment laws. Our consideration of H.R. 35, bipartisan bill is intended to promote been made available to the public, and that is the Presidential Records Act Amendments of the timely release of Presidential not subject to any claim of constitutionally 2009, is one important step toward undoing records under the Presidential Records based privilege against disclosure, the Archi- that damage. The bill revokes a Bush execu- Act of 1978 by rescinding Executive vist should provide notice of the determination tive order, issued in November 2001, which Order 13233. Issued by President Bush to the former President during whose term of gave broad new authority to Presidents and in November 2001, the executive order office the record was created, the incumbent former Presidents to prevent the release of granted new authority to Presidents, President, and make the notice available to Presidential records. The order gave former former Presidents, their heirs and des- the public. The notice must also be in writing. Presidents the ability to pick and choose the ignees, and Vice Presidents, allowing These amendments strengthen the underlying records viewed by historians and to shape them to withhold information from bill. their legacy through the selective withholding public view unilaterally and indefi- The Presidential Records Act itself governs of information. nitely. the official records of Presidents and Vice Executive Order 13233 undermines the Presidents created or received after January Under the Presidential Records Act of 1978, Presidential Records Act by removing 20, 1981, and mandates the preservation of all these records belong to the American people, discretion from the archivists of the Presidential records. The act changed the not to the president who created them. To- United States and delaying the release legal ownership of the official records of the day’s legislation restores the original intent of of records that are necessary to give President from private to public, and estab- the Act and will lead to greater openness and historians and the public a full picture lished a new statutory structure under which improved understanding of presidential deci- of a President’s tenure. the President must manage their records. sion-making. The SPEAKER pro tempore. The Specifically, the Presidential Records Act: This is not a partisan issue. Similar legisla- time of the gentleman has expired. Defines and states public ownership of the tion was first introduced in 2001 by Rep. BUR- Mr. TOWNS. I yield the gentleman 2 records. TON. And two years ago, I introduced H.R. additional minutes. Places the responsibility for the custody and 1255 with Reps. BURTON, TOWNS, and PLATTS. Mr. CLAY. I thank the chairman for management of incumbent Presidential I thank them for working with me. The House yielding. records with the President. passed that bill with a strong bipartisan major- Madam Speaker, the American peo- Allows the incumbent President to dispose ity. I urge all of my colleagues to support this ple value the importance of trans- of records that no longer have administrative, bill today. parency and having an open govern- historical, informational, or evidentiary value, Mr. VAN HOLLEN. Madam Speaker, today, ment. Citizens have a right to know once he has obtained the views of the Archi- the House considers a bill that amends the how and why important decisions are vist of the United States on the proposed dis- Presidential Records Act. This important piece made at the highest level of govern- posal. of bi-partisan legislation will help preserve ment. This straightforward and bipar- Requires that the President and his staff open government, by reversing an executive tisan legislation would ensure that this take all practical steps to file personal records order issued in the early days of the Bush ad- will be the case by requiring Presi- separately from Presidential records. ministration that cut off access to Presidential dential records to be treated as the Establishes a process for restriction and records for historians and the American public. property of the American people. public access to these records. Specifically, Under that executive order, former Presi- I urge all of my colleagues to support the PRA allows for public access to Presi- dents and their heirs were given unprece- the bill. dential records through the Freedom of Infor- dented authority to withhold or, indefinitely Mr. TOWNS. Madam Speaker, as we mation Act (United States), FOIA, beginning delay, access to documents from the public. begin a new Congress and a new Presi- five years after the end of the Administration, And, for the first time, the order extended the dency, it is time to move away from but allows the President to invoke as many as authority to assert ‘‘executive privilege’’ to the policy of secrecy. The President- six specific restrictions to public access for up former Vice Presidents.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 9920 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 253 This legislation reverses that order by stat- Office of President and a period of four years Presidential archival depository before, on ing clearly that only current and former Presi- has expired (beginning on the date the Presi- or after the date of the enactment of this dents may assert ‘‘executive privilege.’’ The dent left the Office). Act; and ‘‘(3) In this subsection: (2) shall only apply with respect to con- bill also grants current Presidents discretion ‘‘(A) The term ‘Presidential library fund- tributions (whether monetary or in-kind) over whether to support a former President’s raising organization’ means an organization made after the date of the enactment of this assertion of privilege and places strict time that is established for the purpose of raising Act. limits for the current and former President to funds for creating, maintaining, expanding, The SPEAKER pro tempore. Pursu- review records before they are released. or conducting activities at— ant to the rule, the gentleman from Mr. TOWNS. I yield back the balance ‘‘(i) a Presidential archival depository; or New York (Mr. TOWNS) and the gen- of my time. ‘‘(ii) any facilities relating to a Presi- tleman from California (Mr. ISSA) each The SPEAKER pro tempore. The dential archival depository. will control 20 minutes. question is on the motion offered by ‘‘(B) The term ‘information’ means the fol- lowing: The Chair recognizes the gentleman the gentleman from New York (Mr. ‘‘(i) The amount or value of each contribu- from New York. TOWNS) that the House suspend the tion made by a contributor referred to in GENERAL LEAVE rules and pass the bill, H.R. 35. paragraph (1) in the quarter covered by the The question was taken. submission. Mr. TOWNS. Madam Speaker, I ask The SPEAKER pro tempore. In the ‘‘(ii) The source of each such contribution, unanimous consent that all Members opinion of the Chair, two-thirds being and the address of the entity or individual may have 5 legislative days in which to in the affirmative, the ayes have it. that is the source of the contribution. revise and extend their remarks. Mr. TOWNS. Madam Speaker, on ‘‘(iii) If the source of such a contribution is The SPEAKER pro tempore. Is there that I demand the yeas and nays. an individual, the occupation of the indi- objection to the request of the gen- The yeas and nays were ordered. vidual. tleman from New York? ‘‘(iv) The date of each such contribution. There was no objection. The SPEAKER pro tempore. Pursu- ‘‘(4) The Archivist shall make available to ant to clause 8 of rule XX and the the public through the Internet (or a suc- Mr. TOWNS. I yield myself as much Chair’s prior announcement, further cessor technology readily available to the time as I may consume. proceedings on this motion will be public) as soon as is practicable after each Madam Speaker, H.R. 36, the Presi- postponed. quarterly filing any information that is sub- dential Library Donation Reform Act, f mitted under paragraph (1). The information will require organizations raising shall be made available without a fee or money to build Presidential libraries PRESIDENTIAL LIBRARY other access charge, in a searchable, sort- and their affiliated institutions to dis- DONATION REFORM ACT OF 2009 able, and downloadable database. close the identities of their donors and Mr. TOWNS. Madam Speaker, I move ‘‘(5)(A) It shall be unlawful for any person who makes a contribution described in para- the amount of their donations. Like to suspend the rules and pass the bill graph (1) to knowingly and willfully submit the records bill just considered, an (H.R. 36) to amend title 44, United false material information or omit material identical version of this bill was con- States Code, to require information on information with respect to the contribution sidered in the 110th Congress and contributors to Presidential library to an organization described in such para- passed the House with strong bipar- fundraising organizations. graph. tisan support. The Clerk read the title of the bill. ‘‘(B) The penalties described in section 1001 Presidential libraries are becoming The text of the bill is as follows: of title 18, United States Code, shall apply increasingly expensive, and fundraising with respect to a violation of subparagraph H.R. 36 (A) in the same manner as a violation de- for their construction begins during a Be it enacted by the Senate and House of Rep- scribed in such section. President’s term. These are broad cam- resentatives of the United States of America in ‘‘(6)(A) It shall be unlawful for any Presi- puses with museums, conference cen- Congress assembled, dential library fundraising organization to ters, and other institutions, some of SECTION 1. SHORT TITLE. knowingly and willfully submit false mate- which are entirely separate from the This Act may be cited as the ‘‘Presidential rial information or omit material informa- federally run libraries. Library Donation Reform Act of 2009’’. tion under paragraph (1). According to press reports, it cost SEC. 2. PRESIDENTIAL LIBRARIES. ‘‘(B) The penalties described in section 1001 more than $80 million to build George (a) IN GENERAL.—Section 2112 of title 44, of title 18, United States Code, shall apply United States Code, is amended by adding at with respect to a violation of subparagraph H.W. Bush’s library and $165 million to the end the following new subsection: (A) in the same manner as a violation de- build the Clinton library. Press reports ‘‘(h)(1) Any Presidential library fund- scribed in such section. have suggested that the fundraising raising organization shall submit on a quar- ‘‘(7)(A) It shall be unlawful for a person to target for President Bush’s library is terly basis, in accordance with paragraph (2), knowingly and willfully— $500 million. information with respect to every contrib- ‘‘(i) make a contribution described in para- Under current law, individuals, cor- utor who gave the organization a contribu- graph (1) in the name of another person; porations and even foreign interests tion or contributions (whether monetary or ‘‘(ii) permit his or her name to be used to can make anonymous, unlimited dona- in-kind) totaling $200 or more for the quar- effect a contribution described in paragraph terly period. (1); or tions to these organizations. Such do- ‘‘(2) For purposes of paragraph (1)— ‘‘(iii) accept a contribution described in nations can be made while the Presi- ‘‘(A) the entities to which information paragraph (1) that is made by one person in dent is still in office. There is enor- shall be submitted under that paragraph are the name of another person. mous potential for abuse in this sys- the Administration, the Committee on Over- ‘‘(B) The penalties set forth in section tem. Special interests could make sight and Government Reform of the House 309(d) of the Federal Election Campaign Act multi-million dollar donations to a of Representatives, and the Committee on of 1971 (2 U.S.C. 437g(d)) shall apply to a vio- Presidential library foundation in an Homeland Security and Governmental Af- lation of subparagraph (A) in the same man- effort to influence the President, and fairs of the Senate; ner as if such violation were a violation of ‘‘(B) the dates by which information shall section 316(b)(3) of such Act (2 U.S.C. the public would remain completely be submitted under that paragraph are April 441b(b)(3)). unaware. 15, July 15, October 15, and January 15 of ‘‘(8) The Archivist shall promulgate regula- In order to prevent real abuse, as each year and of the following year (for the tions for the purpose of carrying out this well as the perception of abuse, H.R. 36 fourth quarterly filing); subsection.’’. would require Presidential library ‘‘(C) the requirement to submit informa- (b) APPLICABILITY.—Section 2112(h) of title foundations to divulge information tion under that paragraph shall continue 44, United States Code (as added by sub- about their donors while the President until the later of the following occurs: section (a))— is in office and for the several years ‘‘(i) The Archivist has accepted, taken title (1) shall apply to an organization estab- to, or entered into an agreement to use any lished for the purpose of raising funds for after the President’s term has ended. land or facility for the archival depository. creating, maintaining, expanding, or con- I again thank the ranking member, ‘‘(ii) The President whose archives are con- ducting activities at a Presidential archival Mr. ISSA from California, for his co- tained in the depository no longer holds the depository or any facilities relating to a operation on this bill and thank the

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previous chairman, Mr. WAXMAN, for I don’t have a problem sending people of $200 or more. This requirement his work in this as well. to prison, but one thing, probably the would apply to donations made to the Madam Speaker, I reserve the bal- best conservative organization as far as foundation during the time that the ance of my time. getting out the message, the Heritage President is in office and during the pe- Mr. ISSA. Madam Speaker, I yield Foundation, and the ACLU have actu- riod before the Archives agrees to use myself such time as I may consume. ally been in agreement on, this body, the land or the facility. Madam Speaker, I join with the almost on whims, throws in a prison In addition, the proposal calls on the chairman in recommending swift pas- sentence as an added provision, and we Archivist to make all reports available sage through the House for at least the are having people go to prison who to the public online through a search- third time. This bill has passed under shouldn’t. If it is a dollar issue, then able and downloadable database. multiple authors, both Republican and fine them 1 million, 10 million, what- I commend Chairman TOWNS for his Democrat. It is, by nature, one in ever would be appropriate. But we leadership in bringing this bill to the which we believe we are appropriately should not, in this body, continually floor, and I urge all of my colleagues to asserting a daylight requirement on subject people to being taken down in support this important bipartisan bill. past and future Presidents and would their home, handcuffed when they Mr. ISSA. Madam Speaker, it’s my certainly hope that we would view this made an error that should not be pleasure now to yield up to 10 minutes bill as noncontroversial in most areas. criminalized. to the gentleman from Tennessee (Mr. Madam Speaker, our Nation’s Presidential So that is the concern I have. This DUNCAN), the author of the original bill libraries attract millions of visitors each year. never went through Judiciary. It has substantially similar to the one today They have become elaborate institutions, and been through prior Congresses. It never and a constant advocate for this type the cost of building and maintaining these fa- went through Judiciary, the Crime of transparency. Mr. DUNCAN. Madam Speaker, first cilities has grown dramatically. Subcommittee, to look at that specific of all, I will say I thank the gentleman Under current law, Presidential libraries are aspect. That is a concern, and it is from California, the ranking member, built with private funds, then turned over to the something that we should not be doing, Mr. ISSA, for yielding me the time, but Archivist for operation. overcriminalizing provisions, by just Amendments to the Presidential Libraries I won’t need nearly that much time. sticking that in as an exclamation Act mandated the establishment of an endow- I want to thank the gentleman from point. It needs to be well thought ment to cover some of the costs of operating New York, Chairman TOWNS, for his through before we provide a way to the library, which are usually met through the support of this issue and this legisla- send somebody to prison. establishment of a charitable organization. tion and his effort to bring this bill to I appreciate the time. I hope that Funding for construction and the endow- the floor as one of the first bills consid- could be taken out because that is an ment comes from private sources. But under ered in the 111th Congress, and I also aspect that’s inappropriate. current law, no duty to disclose the source of want to thank the gentleman from Mr. TOWNS. Madam Speaker, let me those contributions exists. California (Mr. ISSA) for his support of On both sides of the aisle, there is strong just say to the gentleman that I really this legislation. support for increasing disclosure. share a lot of his views, and I’m willing I first introduced this bill in the Earlier, under Mr. DUNCAN’s leadership, the to continue to work with him in seeing 106th Congress after reading a front- House passed solid bipartisan legislation to re- in terms of what we might be able to page story in the Washington Times re- quire the disclosure of contributions to organi- do to strengthen this legislation. porting that foreign governments from zations that raise funds for Presidential librar- At this time, I yield 2 minutes to the the Middle East were making large do- ies and related facilities. And a bill identical to gentleman from Missouri (Mr. CLAY). nations, very large donations, to the the bill before us passed the House last year b 1045 proposed library for President Clinton. I was concerned about the influence by a wide margin. Mr. CLAY. Madam Speaker, I thank We recognize the perception of impropriety that donations by foreign governments the chairman for yielding. that contributions to a Presidential library can and perhaps others could have since As an original cosponsor of the Presi- raise, given the huge sums that must be there was no policy requiring disclo- dential Library Donation Act, I rise in amassed, and the attraction this avenue may sure of donors. strong support of H.R. 36, and I urge hold for those seeking favors or influence. The topic of disclosing contributions This legislation will provide a needed degree my colleagues to vote in favor of it. made by private donors to Presidential of transparency to that process. Federal election law limits the library fund-raising organizations is of If I may, I am going to yield 2 min- amount a single source can give to a great concern to me. These organiza- utes to the gentleman from Texas (Mr. political campaign and requires that tions are formed while a President is in GOHMERT) for a particular portion of donations and donor information be office and collect donations from indi- the bill that he feels, before it becomes disclosed to the public. These require- viduals, corporations and foreign gov- law, should ultimately be looked at. ments help to preserve the integrity of ernments, with no limit on the con- Mr. GOHMERT. Madam Speaker, I do our democratic system by ensuring tribution amount, and especially when appreciate my friend for yielding. that campaign donors do not exercise there’s no requirement for disclosing This is a good overall idea. It’s a undue influence over elected policy- the donor or the amounts being do- good bill in general. There needs to be makers. nated, there is great potential for more clarity. Many of us have won- Similar requirements do not apply to abuse. dered who is building these Presi- Presidential library fund-raising cam- After I introduced this bill, sometime dential libraries, and this will help in- paigns, and this creates the potential after I introduced this bill, I learned of form the public just who it is that’s for large donors to exert, or appear to the very sizable donations, hundreds of doing that. exert, improper influence over a sitting thousands of dollars, given to the Clin- The concern I have is that there is a President. ton library by Marc Rich’s ex-wife, an- provision in the bill for filing errors or The fact that private foundations are other close friend of the Clintons. Marc omissions that could send somebody to required to raise money to build and Rich, who fled the country after evad- prison for 5 years. Now as a former maintain Presidential libraries lowers ing over $40 million in Federal income judge, I’ve presided over thousands and the burden on taxpayers, but it also in- taxes, was granted a pardon on Presi- thousands of felony cases. I have sent I creases the incentive to pursue aggres- dent Clinton’s last day in office. don’t know how many people to prison. sive fund-raising for libraries that have However, this is not a partisan issue. That’s not a concern. My reputation become more and more expensive over I introduced and have supported this was, as one criminal was overheard the years. legislation under both Democratic and telling another, ‘‘He will give a fair Under H.R. 36, Presidential library Republican Presidents, and as Mr. ISSA trial, but if you’re guilty, you don’t foundations would be required to re- mentioned and Chairman TOWNS men- want his court.’’ port on a quarterly basis all donations tioned, it has passed overwhelmingly

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 255 both times it was considered by the sage of a bill, perfected as necessary in I encourage my colleagues to join me in House previously. the work that I expect we will do to- supporting this important piece of bipartisan Previous attempts to move this bill gether. legislation. were met with little interest, I sup- I yield back the balance of my time. Ms. JACKSON-LEE of Texas. Madam pose, in the Senate, but perhaps this Mr. TOWNS. Madam Speaker, our Speaker, I thank Congressman TOWNS for at- time around they will take up this President-elect has talked a lot about tempting to bring greater transparency to pres- issue. transparency. He’s really interested in idential library fundraising efforts with H.R. 36, This bill does not prohibit the con- transparency. So improving trans- the ‘‘Presidential Library Donation Reform Act tributions, including very large con- parency of donations to Presidential li- of 2009.’’ tributions. It simply requires Presi- braries, as this bill does, will assure We are facing a new day, with a new ad- dential library fund-raisers to disclose the American people that their Presi- ministration, and a new Democratic majority. donations over $200. dents are not being influenced by un- That is why it is important that we stay true to We’re back once again, Madam known persons or groups. our core values of fairness, transparency, a Speaker, today, to try to pass this bill Open government is an important accountability. to provide some openness and trans- goal of the Congress and the incoming Starting with the lobbying and ethics reform, parency on the donations made to administration, and I hope today’s bill we as a body understand that a responsible these organizations and on what could is just the right kind of bill to move government allows for openness. This legisla- be the potential for abuse under a forward with that in mind. tion continues to rebuild our trust with the President of either party in the future. Let me say, Madam Speaker, this is a American people. The price to build these libraries, as good piece of legislation, and I’m hop- This legislation requires in part that, ‘‘any ing that my colleagues join me in sup- Chairman TOWNS mentioned, has in- Presidential library fundraising organization creased dramatically over the last few porting this bill. I want to thank the shall submit on a quarterly basis with respect years from $80 million to the $200 to minority for their support, and of to every contributor who gave the organization $500 million estimated for the current course, we will continue to look and a contribution or contributions (whether mone- see how we might be able to improve President’s library. tary or in-kind) totaling $200 or more for the I think this bill promotes good gov- the legislation, but I really feel that quarterly period.’’ this is a giant step in the right direc- Under current law, private organizations es- ernment and is something that all of tion. Transparency is something that tablished for the purpose of building a presi- my colleagues should be proud to sup- we cannot lose sight of. dential library can raise unlimited amounts of port. If we pass this legislation, it will Mr. WAXMAN. Madam Speaker, I thank money from undisclosed donors while the certainly help to prevent the potential Representative TOWNS for bringing this bill to President remains in office. It takes nothing for serious abuse in the years ahead. the floor today. H.R. 36, the Presidential Li- more than common sense to see the potential And like Chairman TOWNS, I will be brary Donation Reform Act has a simple pur- for abuse in this area and the need for basic glad to work with the gentleman from pose. It requires that the organizations created reform. Texas (Mr. GOHMERT). I did not have to raise money for presidential libraries and Presidential libraries serve an important pur- that severe of a penalty in the first leg- their affiliated institutions disclose information pose as depositories of presidential papers islation that I originally worked on about their donors. and centers for historical research. In 1939, many years ago. The lack of any such requirement creates President Franklin Roosevelt came up with the But once again, I want to thank all opportunities for abuse. Under current law, idea of a privately-built, but federally main- of my colleagues on both sides of the anybody can give to these organizations anon- tained library to house his presidential papers. aisle for their support. This is a very ymously, even while the President is still in of- This split of responsibilities between the bipartisan bill, and I urge its adoption fice. These donations could be used to influ- public and the private sectors has continued by this Congress. ence presidential decisionmaking with no pub- and has since been codified into law. In 1955, Mr. TOWNS. Madam Speaker, may I lic disclosure. the Presidential Libraries Act formally estab- ask how many speakers does the mi- This is not the first time this bill has come lished a system under which federally main- nority have left. before the House. In 2001, Representative tained libraries would be built using funds Mr. ISSA. We have no further speak- DUNCAN introduced similar legislation. I thank raised by private organizations. More recent ers at this time. If the gentleman’s pre- him for his early leadership on this issue. And amendments have required these private or- pared to close, I will be brief. in 2007, I introduced H.R. 1254 with Rep- ganizations to provide an operating endow- Mr. TOWNS. I’m prepared to close. resentatives DUNCAN, CLAY, PLATTS, and ment to the National Archives in addition to Mr. ISSA. Madam Speaker, I yield EMANUEL. That bill passed the House with an the library building. myself such time as I may consume overwhelming majority in the last Congress. I Just as the funding requirements have simply to say that I look forward to urge my colleagues once again to support this grown, so have the libraries and their affiliated working with the chairman on any per- straightforward legislation. institutions. Now these libraries are much fecting language here or in the Senate Mr. VAN HOLLEN. Madam Speaker, today, more than basic research facilities. They in- necessary to make this an even more the House considers the Presidential Libraries clude museums and conference centers along acceptable bill to all Members because Donation Reform Act. I was a cosponsor of with other tourist attractions; they are getting I believe that, as Mr. DUNCAN said, this this bill when it was originally introduced in more costly all the time. is a bill whose time has come. We have 2007 and I am proud to stand in support of it The George H.W. Bush library was reported been more than 6 years attempting to today. to cost more than $80 million to build. The have this happen. Under current law, a sitting president can Clinton library and museum cost about $165 I think one thing that is very clear is accept private donations in unlimited amounts million to build. News reports have indicated that we could talk about library A, li- for the purpose of building a presidential li- that the fundraising goal for President Bush’s brary B, library C, but as President brary. There is no requirement that the donor’s library is $500 million—half a billion dollars— Bush leaves office and that library is identity or the amount of the donation be dis- before this institution is completed. going to be built in Dallas, I think the closed. The potential for abuse here is obvi- The vast scale of these secret fundraising American people will want to know ous. efforts creates opportunities for abuse. Donors every bit as much as with any previous This bill requires presidential libraries fund- who do not need to be identified can give un- President that that money was given raising organizations to disclose to Congress limited amounts of money to support these li- by people who appreciated the legacy information about the donors and their dona- braries while the President remains in office. of that President and not by people tions during and immediately following the This legislation would require that presi- who appreciated specific actions of president’s term in office. dential libraries disclose the identity of their that President in real-time. The bill originally passed the House on sus- donors to Congress and the National Archives And so I join with the majority and pension in March 2007, and returns to the during their period of most intense fundraising, Mr. DUNCAN, as the original author of House floor today after receiving strong sup- which is while the President is in office and in some time ago, in asking for quick pas- port in the Senate. the several years after the end of his term.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 9920 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 256 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 This legislation is but one part of a larger ef- Chair’s prior announcement, further question presented by an appeal taken under fort by this Congress to restore honesty and proceedings on this motion will be subparagraph (A), accept jurisdiction over accountability in the Federal Government. postponed. the appeal, advance the appeal on the dock- et, and expedite the appeal. CONCLUSION f (c) EFFECTIVE DATE.—This joint resolution Madam Speaker, I want to thank Chairman ENSURING COMPENSATION AND shall take effect at 12:00 p.m. on January 20, TOWNS and the Committee on Oversight and OTHER EMOLUMENTS ATTACHED 2009. Government Reform for helping us build a TO THE OFFICE OF SECRETARY The SPEAKER pro tempore. Pursu- strong foundation of trust with the American OF THE INTERIOR ant to the rule, the gentleman from people. I ask my colleagues to support me in OWNS) and the gen- Mr. TOWNS. Madam Speaker, I move New York (Mr. T supporting H.R. 36. tleman from California (Mr. ISSA) each Mr. WOLF. Madam Speaker, I rise today in to suspend the rules and pass the Sen- ate joint resolution (S.J. Res. 3), ensur- will control 20 minutes. support of the Presidential Library Donation The Chair recognizes the gentleman ing that the compensation and other Reform Act. from New York. I have long been troubled by the fact that emoluments attached to the office of Secretary of the Interior are those GENERAL LEAVE fund-raising for Presidential libraries is com- Mr. TOWNS. Madam Speaker, I ask pletely unregulated and therefore ripe for cor- which were in effect on January 1, 2005. The Clerk read the title of the Senate unanimous consent that all Members ruption. joint resolution. have 5 legislative days in which to re- By making information about donations pub- The text of the Senate joint resolu- vise and extend their remarks. licly accessible—including the amount, date of tion is as follows: The SPEAKER pro tempore. Is there the contribution and the name of the contrib- S.J. RES. 3 objection to the request of the gen- utor—through a free, searchable, database Resolved by the Senate and House of Rep- tleman from New York? managed by National Archives, we take an im- resentatives of the United States of America in There was no objection. portant first step toward the accountability due Congress assembled, Mr. TOWNS. I yield myself as much these national landmarks. SECTION 1. COMPENSATION AND OTHER EMOLU- time as I may consume. However, I do not think that this legislation MENTS ATTACHED TO THE OFFICE S.J. Res. 3 is a measure needed to en- goes far enough as it does not limit donations OF SECRETARY OF THE INTERIOR. sure Senator SALAZAR of Colorado will in any way, it only discloses them. (a) IN GENERAL.—The compensation and be able to serve our country as the Sec- While the majority of people who contribute other emoluments attached to the office of retary of the Interior during the Secretary of the Interior shall be those in ef- to Presidential libraries do so for the right rea- fect January 1, 2005, notwithstanding any in- Obama administration. son, there are some who do not, including crease in such compensation or emoluments The Constitution provides that no those who do not share our national interests. after that date under any provision of law, or Member of the House or Senate may be In fact, while donations to Presidential elec- provision which has the force and effect of appointed to an office in the Federal tion campaigns are limited in amount, and re- law, that is enacted or becomes effective Government for which the salary was stricted altogether from foreign governments, during the period beginning at noon of Janu- raised during the Member’s term. For- amazingly, foreign individuals and foreign cor- ary 3, 2005, and ending at noon of January 3, tunately, this does not prohibit the ap- porations can donate to Presidential libraries 2011. pointment of Senators or House Mem- (b) CIVIL ACTION AND APPEAL.— even when the President is still in office. (1) JURISDICTION.—Any person aggrieved by bers to positions in the executive In November I wrote to President Bush urg- an action of the Secretary of the Interior branch and will not prevent Senator ing him not to accept any money from the Chi- may bring a civil action in the United States SALAZAR from becoming Secretary of nese government to help fund his Presidential District Court for the District of Columbia the Interior. library. to contest the constitutionality of the ap- Numerous historical precedents and I did not want his library to be tainted by pointment and continuance in office of the Justice Department interpretations contributions from a government with such a Secretary of the Interior on the ground that hold that such appointments are, in deplorable human rights record. I am similarly such appointment and continuance in office fact, permissible so long as the salary is in violation of article I, section 6, clause 2, concerned by the $41 million that former of the Constitution. The United States Dis- is set at the level it was before the ap- President Clinton’s foundation has collected trict Court for the District of Columbia shall pointee’s term began. from foreign nations including the likes of have exclusive jurisdiction over such a civil This long-standing practice dates Saudi Arabia, which is widely known to pro- action, without regard to the sum or value of back at least 100 years and is often re- mote the radical Wahhabi interpretation of the matter in controversy. ferred to as the ‘‘Saxbe Fix,’’ referring Islam within its own borders and in schools (2) THREE JUDGE PANEL.—Any claim chal- to the solution which set the salary for and madrassas around the world. lenging the constitutionality of the appoint- President Nixon’s nominee for Attor- Transparency in government builds account- ment and continuance in office of the Sec- ney General, William Saxbe, so that it ability. And accountability is good for our de- retary of the Interior on the ground that such appointment and continuance in office would reflect the salary level in place mocracy. It is long overdue for the American is in violation of article I, section 6, clause 2, before his congressional term of office public to know who is contributing to these li- of the Constitution, in an action brought began. braries, and how much, especially when it in- under paragraph (1) shall be heard and deter- Other Cabinet officials appointed volves sitting Presidents. This legislation will mined by a panel of three judges in accord- under such arrangement include Sec- help—but we must do more. ance with section 2284 of title 28, United retary of State Edmund Muskie and Mr. TOWNS. On that note, Madam States Code. It shall be the duty of the dis- Secretary of the Treasury Lloyd Bent- Speaker, I yield back the balance of trict court to advance on the docket and to sen. The House also passed a similar my time. expedite the disposition of any matter measure by unanimous consent just The SPEAKER pro tempore. The brought under this subsection. (3) APPEAL.— last December to ensure that Senator question is on the motion offered by (A) DIRECT APPEAL TO SUPREME COURT.—An CLINTON may serve as Secretary of the gentleman from New York (Mr. appeal may be taken directly to the Supreme State. TOWNS) that the House suspend the Court of the United States from any inter- This is a commonsense solution with rules and pass the bill, H.R. 36. locutory or final judgment, decree, or order ample precedent, which I urge all Mem- The question was taken. upon the validity of the appointment and bers to support. The SPEAKER pro tempore. In the continuance in office of the Secretary of the Madam Speaker, I reserve the bal- opinion of the Chair, two-thirds being Interior under article I, section 6, clause 2, of ance of my time. in the affirmative, the ayes have it. the Constitution, entered in any action Mr. ISSA. Madam Speaker, I yield brought under this subsection. Any such ap- Mr. TOWNS. Madam Speaker, on peal shall be taken by a notice of appeal filed myself such time as I may consume. that I demand the yeas and nays. within 20 days after such judgment, decree, Madam Speaker, I am strongly in The yeas and nays were ordered. or order is entered. support of this resolution as necessary The SPEAKER pro tempore. Pursu- (B) JURISDICTION.—The Supreme Court and appropriate. It is sort of inter- ant to clause 8 of rule XX and the shall, if it has not previously ruled on the esting to have to bring a vote to give

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 257 somebody less money and save the tax- A motion to reconsider was laid on Cohen Kanjorski Petri Cole Kaptur Pingree (ME) payers money, but I’m pleased to do it the table. Connolly (VA) Kennedy Platts at any time, and hopefully we will find f Conyers Kildee Polis (CO) larger savings as the year goes on. Cooper Kilpatrick (MI) Pomeroy But I would like to comment on one RECESS Costa Kilroy Posey thing. This is obviously something that Costello Kirk Price (NC) The SPEAKER pro tempore. Pursu- Courtney Kirkpatrick (AZ) Putnam we’ve agreed on beforehand and we ant to clause 12(a) of rule I, the Chair Crenshaw Kissell Radanovich look forward to quick passage, but I Crowley Klein (FL) Rahall declares the House in recess subject to am committed here today, and would Cuellar Kosmas Reichert the call of the Chair. Culberson Kratovil Reyes say on the floor with the chairman, to Accordingly (at 11 a.m.), the House Cummings Kucinich Richardson going back to committee to drafting a stood in recess subject to the call of Dahlkemper Lance Rodriguez broader bill, one we would bring before Davis (AL) Langevin Roe (TN) the House within a few days that would the Chair. Davis (CA) Larsen (WA) Rogers (KY) Davis (IL) Larson (CT) Rohrabacher cover Congresswoman HILDA SOLIS, f Davis (TN) Latham Ros-Lehtinen former Congressman Ray LaHood, and DeFazio LaTourette Roskam other Members who are going to be in b 1200 DeGette Latta Ross the same situation of having voted for Delahunt Lee (CA) Rothman (NJ) AFTER RECESS DeLauro Lee (NY) Roybal-Allard the tax bill or been present for it and The recess having expired, the House Dent Levin Royce are going to be, in all likelihood, in the Diaz-Balart, L. Lewis (CA) Ruppersberger President’s Cabinet. I believe that we was called to order by the Speaker pro Diaz-Balart, M. Lewis (GA) Rush tempore (Mr. HOLDEN) at noon. Dicks Lipinski Ryan (OH) should bring a piece of legislation that, Dingell LoBiondo Ryan (WI) on a blanket basis, says if you want to f Doggett Loebsack Salazar accept the job, you will accept the Donnelly (IN) Lofgren, Zoe Sa´ nchez, Linda lower pay. ANNOUNCEMENT BY THE SPEAKER Doyle Lowey T. PRO TEMPORE Dreier Lucas Sanchez, Loretta So, although I was pleased to be on Driehaus Luetkemeyer Sarbanes the floor and participate in the UC, I The SPEAKER pro tempore. Pursu- Duncan Luja´ n Scalise am pleased to do this. I would hope ant to clause 8 of rule XX, proceedings Edwards (MD) Lummis Schakowsky that for judicial expedience that we Edwards (TX) Lynch Schauer will resume on motions to suspend the Ehlers Maffei Schiff would bring a single bill in the next rules previously postponed. Ellison Maloney Schmidt coming weeks that would cover anyone Votes will be taken in the following Ellsworth Marchant Schock who chooses in the first 2 years to be in order: Emerson Markey (CO) Schrader the Obama administration, and I look Engel Markey (MA) Schwartz H.R. 35, by the yeas and nays; Eshoo Marshall Scott (GA) forward to the savings that will come H.R. 36, by the yeas and nays. Etheridge Massa Scott (VA) from those appointments. The first electronic vote will be con- Farr Matheson Sensenbrenner I reserve the balance of my time. ducted as a 15-minute vote. The second Fattah Matsui Serrano Mr. TOWNS. Let me just say to the Filner McCarthy (CA) Sestak electronic vote will be conducted as a Fortenberry McCarthy (NY) Shea-Porter gentleman that he makes a very good 5-minute vote. Foster McCaul Sherman point, and we will review it and see in Frank (MA) McClintock Shimkus terms of what we can do to be able to f Frelinghuysen McCollum Shuler move things along. Also, I’m for sav- Fudge McCotter Simpson PRESIDENTIAL RECORDS ACT Gerlach McDermott Sires ing. Any way we can save, let’s do it. AMENDMENTS OF 2009 Giffords McGovern Skelton S.J. Res. 3 sets the salary of the Sec- Gillibrand McHugh Slaughter retary of the Interior to the level in ef- The SPEAKER pro tempore. The un- Gohmert McIntyre Smith (NE) finished business is the vote on the mo- Gonzalez McMahon Smith (NJ) fect on January 1, 2005, before the start Goodlatte McMorris Smith (WA) of Senator SALAZAR’s term, satisfying tion to suspend the rules and pass the Gordon (TN) Rodgers Souder the constitutional requirements. I urge bill, H.R. 35, on which the yeas and Grayson McNerney Space Members to support the resolution and, nays were ordered. Green, Al Meek (FL) Speier The Clerk read the title of the bill. Green, Gene Meeks (NY) Spratt of course, look forward to working Griffith Melancon Stark with my colleague in terms of being The SPEAKER pro tempore. The Grijalva Mica Stearns able to look at a broader kind of legis- question is on the motion offered by Guthrie Michaud Stupak the gentleman from New York (Mr. Hall (NY) Miller (FL) Sullivan lation to be able to deal with others Halvorson Miller (MI) Sutton who might be moving forward or going TOWNS) that the House suspend the Hare Miller (NC) Tanner into the administration. rules and pass the bill, H.R. 35. Harman Miller, George Tauscher Madam Speaker, I don’t have any The vote was taken by electronic de- Harper Minnick Taylor vice, and there were—yeas 359, nays 58, Hastings (FL) Mitchell Teague other speakers, and I want to know if Heinrich Mollohan Terry the minority has any other speakers. not voting 12, as follows: Heller Moore (KS) Thompson (CA) Mr. ISSA. Madam Speaker, I have no [Roll No. 5] Herger Moore (WI) Thompson (MS) Higgins Moran (KS) Thompson (PA) other speakers and would yield back. YEAS—359 Mr. TOWNS. Madam Speaker, on Hill Moran (VA) Tiahrt Abercrombie Bishop (GA) Buyer Himes Murphy (CT) Tiberi that note, I ask my colleagues to be Ackerman Bishop (NY) Calvert Hinchey Murphy, Patrick Tierney supportive of this legislation because, Adler (NJ) Bishop (UT) Camp Hinojosa Murphy, Tim Titus after all, I think that when we look at Alexander Blunt Cantor Hirono Murtha Tonko Altmire Boccieri Cao Hodes Napolitano Towns the service that is provided and what it Andrews Bono Mack Capito Hoekstra Neal (MA) Tsongas is going to do in the days ahead, I Arcuri Boozman Capps Holden Nunes Turner think we should be supportive. Austria Boren Capuano Holt Nye Upton I yield back the balance of my time. Baca Boswell Cardoza Honda Oberstar Van Hollen Bachus Boyd Carnahan Hoyer Obey Vela´ zquez The SPEAKER pro tempore. The Baird Brady (PA) Carney Inslee Olver Visclosky question is on the motion offered by Baldwin Brady (TX) Carson (IN) Israel Ortiz Walden the gentleman from New York (Mr. Barrow Braley (IA) Castle Issa Pallone Walz TOWNS) that the House suspend the Bartlett Bright Castor (FL) Jackson (IL) Pascrell Wamp Bean Brown (SC) Chandler Jackson-Lee Pastor (AZ) Wasserman rules and pass the Senate joint resolu- Becerra Brown, Corrine Childers (TX) Paul Schultz tion, S.J. Res. 3. Berkley Brown-Waite, Clarke Jenkins Paulsen Watson The question was taken; and (two- Berman Ginny Clay Johnson (GA) Payne Watt thirds being in the affirmative) the Berry Buchanan Cleaver Johnson (IL) Perlmutter Waxman Biggert Burgess Clyburn Johnson, E. B. Perriello Weiner rules were suspended and the Senate Bilbray Burton (IN) Coble Jones Peters Welch joint resolution was passed. Bilirakis Butterfield Coffman (CO) Kagen Peterson Wexler

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 258 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Whitfield Wolf Young (AK) brance of our brave men and women in Frank (MA) Lungren, Daniel Roskam Wilson (OH) Woolsey Young (FL) uniform, who have given their lives in Frelinghuysen E. Ross Wilson (SC) Wu Fudge Lynch Rothman (NJ) Wittman Yarmuth the service of our Nation in Iraq and in Gerlach Mack Roybal-Allard Afghanistan, and of their families and Maffei NAYS—58 Giffords Royce of all who serve in our Armed Forces Gillibrand Maloney Ruppersberger Aderholt Foxx Manzullo and their families. Gonzalez Manzullo Rush Akin Franks (AZ) McHenry Goodlatte Marchant Ryan (OH) Bachmann Garrett (NJ) McKeon f Gordon (TN) Markey (CO) Ryan (WI) Barrett (SC) Gingrey (GA) Myrick Granger Markey (MA) Sa´ nchez, Linda Barton (TX) Granger Neugebauer ANNOUNCEMENT BY THE SPEAKER Grayson Marshall T. Blackburn Hall (TX) Olson Green, Al Massa Sanchez, Loretta Boehner Hensarling Pence The SPEAKER. Under clause 5(d) of Green, Gene Matheson Sarbanes Boustany Hunter Pitts rule XX, the Chair announces to the Matsui Scalise Broun (GA) Inglis Griffith Poe (TX) Campbell Johnson, Sam House that the whole number of the Grijalva McCarthy (CA) Schakowsky Price (GA) Carter Jordan (OH) House is now 433. Guthrie McCarthy (NY) Schauer Cassidy King (IA) Rehberg Gutierrez McCaul Schiff Chaffetz King (NY) Rogers (AL) f Hall (NY) McClintock Schmidt Conaway Kingston Rooney Hall (TX) McCollum Schock Davis (KY) Kline (MN) Sessions ANNOUNCEMENT BY THE SPEAKER Halvorson McCotter Schrader Deal (GA) Lamborn Shadegg PRO TEMPORE Hare McDermott Schwartz Fallin Linder Shuster Harman McGovern Scott (GA) Flake Lungren, Daniel Smith (TX) The SPEAKER pro tempore (Mr. Harper McHugh Scott (VA) Fleming E. Thornberry HOLDEN). Without objection, the 5- Hastings (FL) McIntyre Sensenbrenner Forbes Mack Westmoreland minute voting will continue. Hastings (WA) McKeon Serrano McMahon NOT VOTING—12 There was no objection. Heinrich Sessions Heller McMorris Sestak Blumenauer Graves Rangel f Herger Rodgers Shea-Porter Bonner Herseth Sandlin Snyder Higgins McNerney Sherman Boucher Kind Solis (CA) PRESIDENTIAL LIBRARY Hill Meek (FL) Shimkus Gallegly Nadler (NY) Waters Himes Meeks (NY) Shuler DONATION REFORM ACT OF 2009 Melancon b 1227 Hinchey Shuster The SPEAKER pro tempore. The un- Hinojosa Mica Simpson Messrs. BOEHNER, CASSIDY, finished business is the vote on the mo- Hirono Michaud Sires REHBERG, and SMITH of Texas Hodes Miller (FL) Skelton tion to suspend the rules and pass the Miller (MI) changed their vote from ‘‘yea’’ to bill, H.R. 36, on which the yeas and Holden Slaughter Holt Miller (NC) Smith (NE) Miller, George ‘‘nay.’’ nays were ordered. Honda Smith (NJ) Minnick So (two-thirds being in the affirma- The Clerk read the title of the bill. Hoyer Smith (TX) Mitchell tive) the rules were suspended and the Hunter Smith (WA) The SPEAKER pro tempore. The Mollohan Inglis Souder bill was passed. question is on the motion offered by Moore (KS) Inslee Space The result of the vote was announced Moore (WI) the gentleman from New York (Mr. Israel Speier Moran (KS) as above recorded. TOWNS) that the House suspend the Issa Spratt Moran (VA) A motion to reconsider was laid on Jackson (IL) Stark rules and pass the bill, H.R. 36. Murphy (CT) Jackson-Lee Stearns the table. This will be a 5-minute vote. Murphy, Patrick (TX) Stupak The vote was taken by electronic de- Murphy, Tim f Jenkins Sullivan Murtha vice, and there were—yeas 388, nays 31, Johnson (GA) Sutton SWEARING IN OF MEMBERS Napolitano not voting 31, as follows: Johnson (IL) Tanner Neal (MA) The SPEAKER. Will the Representa- Johnson, E. B. Tauscher [Roll No. 6] Neugebauer Jones Taylor tives-elect please present themselves in Nye YEAS—388 Jordan (OH) Teague the well of the House and take the oath Oberstar Kagen Terry of office at this time. Abercrombie Bright Crowley Obey Ackerman Brown (SC) Cuellar Kanjorski Thompson (CA) Olson Representatives-elect GUTIERREZ, Aderholt Brown, Corrine Culberson Kaptur Olver Thompson (MS) Adler (NJ) Brown-Waite, Cummings HASTINGS of Washington, and ROGERS Kennedy Ortiz Thompson (PA) Alexander Ginny Dahlkemper of Michigan appeared at the bar of the Kildee Pallone Thornberry Altmire Buchanan Davis (AL) Kilpatrick (MI) Tiahrt House and took the oath of office as Andrews Burton (IN) Davis (CA) Pascrell Kilroy Pastor (AZ) Tiberi follows: Arcuri Buyer Davis (IL) Kind Tierney Austria Calvert Paulsen Do you solemnly swear or affirm that Davis (TN) King (NY) Titus Baca Camp DeFazio Payne Kirk Tonko you will support and defend the Con- Bachmann Cantor DeGette Pence Kirkpatrick (AZ) Towns stitution of the United States against Bachus Cao Delahunt Perlmutter all enemies, foreign and domestic; that Baird Capito DeLauro Kissell Perriello Tsongas Klein (FL) Turner you will bear true faith and allegiance Baldwin Capps Dent Peters Barrett (SC) Capuano Diaz-Balart, L. Kline (MN) Peterson Upton to the same; that you take this obliga- Barrow Cardoza Diaz-Balart, M. Kosmas Petri Van Hollen tion freely, without any mental res- Bean Carnahan Dicks Kratovil Pingree (ME) Vela´ zquez ervation or purpose of evasion; and Becerra Carney Dingell Kucinich Pitts Visclosky that you will well and faithfully dis- Berkley Carson (IN) Doggett Lance Platts Walden Berman Cassidy Donnelly (IN) Langevin Polis (CO) Walz charge the duties of the office on which Berry Castle Doyle Larsen (WA) Pomeroy Wamp you are about to enter, so help you Biggert Castor (FL) Dreier Larson (CT) Posey Wasserman God. Bilbray Chaffetz Driehaus Latham Price (GA) Schultz Bilirakis Chandler Duncan The SPEAKER. Congratulations. You LaTourette Price (NC) Watson Bishop (GA) Childers Edwards (MD) Latta Putnam Watt are now Members of the 111th Congress. Bishop (NY) Clarke Edwards (TX) Lee (CA) Radanovich Waxman Bishop (UT) Clay Ehlers f Lee (NY) Rahall Weiner Blackburn Cleaver Ellison Levin Rangel Welch Blumenauer Clyburn Ellsworth MOMENT OF SILENCE IN REMEM- Lewis (CA) Rehberg Wexler Boccieri Coble Emerson Lewis (GA) Whitfield BRANCE OF MEMBERS OF Boehner Coffman (CO) Engel Reichert Wilson (OH) ARMED FORCES AND THEIR Bono Mack Cohen Eshoo Linder Reyes FAMILIES Boozman Cole Etheridge Lipinski Richardson Wilson (SC) Boren Connolly (VA) Fallin LoBiondo Rodriguez Wittman The SPEAKER. The Chair would ask Boswell Conyers Farr Loebsack Roe (TN) Wolf all present to rise for the purpose of a Boustany Cooper Fattah Lofgren, Zoe Rogers (KY) Woolsey moment of silence. Boyd Costa Filner Lowey Rogers (MI) Wu Brady (PA) Costello Fleming Lucas Rohrabacher Yarmuth The Chair asks that the House now Brady (TX) Courtney Fortenberry Luetkemeyer Rooney Young (AK) observe a moment of silence in remem- Braley (IA) Crenshaw Foster Luja´ n Ros-Lehtinen Young (FL)

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 259 NAYS—31 House last year, and the so-called NOTICE FOR REGULAR MEETINGS Akin Forbes Lamborn Ledbetter bill are two items that have (b) The Chair shall notify in electronic or Bartlett Foxx Lummis been currently already noticed, but written form each member of the Committee Barton (TX) Franks (AZ) McHenry there may be other items that we’re of the agenda of each regular meeting of the Broun (GA) Garrett (NJ) Myrick working in conjunction with the mi- Committee at least 48 hours before the time Burgess Gingrey (GA) Paul of the meeting and shall provide to each Campbell Gohmert Poe (TX) nority on whether or not we can move Carter Hensarling member of the Committee, at least 24 hours Rogers (AL) those forward. before the time of each regular meeting: Conaway Hoekstra Shadegg Davis (KY) Johnson, Sam But I wanted to let Members know (1) for each bill or resolution scheduled on Westmoreland Deal (GA) King (IA) that there would be no further votes the agenda for consideration of a rule, a copy Flake Kingston today that we contemplate no votes to- of— (A) the bill or resolution; NOT VOTING—13 morrow. But there will be votes on Fri- day. (B) any committee reports thereon; and Blunt Graves Snyder (C) any letter requesting a rule for the bill Bonner Herseth Sandlin Solis (CA) f or resolution; and Boucher Nadler (NY) Waters b 1245 (2) for each other bill, resolution, report, or Butterfield Nunes other matter on the agenda a copy of— Gallegly Salazar SPECIAL ORDERS (A) the bill, resolution, report, or mate- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE The SPEAKER pro tempore (Ms. rials relating to the other matter in ques- tion; and The SPEAKER pro tempore (during JACKSON-LEE of Texas). Under the the vote). Two minutes remain in this (B) any report on the bill, resolution, re- Speaker’s announced policy of January port, or any other matter made by any sub- vote. 6, 2009, and under a previous order of committee of the Committee. b 1241 the House, the following Members will EMERGENCY MEETINGS be recognized for 5 minutes each. So (two-thirds being in the affirma- (c)(1) The Chair may call an emergency f meeting of the Committee at any time on tive) the rules were suspended and the any measure or matter which the Chair de- bill was passed. PUBLICATION OF THE RULES OF termines to be of an emergency nature; pro- The result of the vote was announced THE COMMITTEE ON RULES, vided, however, that the Chair has made an as above recorded. 111TH CONGRESS effort to consult the ranking minority mem- A motion to reconsider was laid on The SPEAKER pro tempore. Under a ber, or, in such member’s absence, the next the table. previous order of the House, the gentle- ranking minority party member of the Com- Stated for: mittee. woman from New York (Ms. SLAUGH- (2) As soon as possible after calling an Mr. NUNES. Mr. Speaker, on rollcall No. 6, TER) is recognized for 5 minutes. emergency meeting of the Committee, the I was unavoidably detained. Had I been Ms. SLAUGHTER. Madam Speaker, pursu- Chair shall notify each member of the Com- present, I would have voted ‘‘yea.’’ ant to clause 2 of rule XI of the Rules of the mittee of the time and location of the meet- f House, on January 7, 2009 the Committee on ing. Rules adopted by voice vote, a quorum being (3) To the extent feasible, the notice pro- PROVIDING FOR ATTENDANCE AT present, the following rules: vided under paragraph (2) shall include the agenda for the emergency meeting and cop- INAUGURAL CEREMONIES ON RULES OF THE COMMITTEE ON RULES JANUARY 20, 2009 ies of available materials which would other- U.S. House of Representatives wise have been provided under subsection (b) Mr. HOYER. Madam Speaker, I offer Rules for the 111th Congress if the emergency meeting was a regular a privileged resolution and ask for its RULE 1—GENERAL PROVISIONS meeting. immediate consideration. (a) The Rules of the House are the rules of SPECIAL MEETINGS The Clerk read the resolution, as fol- the Committee and its subcommittees so far (d) Special meetings shall be called and lows: as applicable, except that a motion to recess convened as provided in clause 2(c)(2) of rule from day to day, and a motion to dispense H. RES. 23 XI of the Rules of the House. with the first reading (in full) of a bill or res- RULE 3—MEETING AND HEARING PROCEDURES Resolved, That at 10:30 a.m. on Tuesday, olution, if printed copies are available, are January 20, 2009, the House shall proceed to non-debatable privileged motions in the IN GENERAL the West Front of the Capitol for the purpose Committee. A proposed investigative or (a)(1) Meetings and hearings of the Com- of attending the inaugural ceremonies of the oversight report shall be considered as read mittee shall be called to order and presided President and Vice President of the United if it has been available to the members of the over by the Chair or, in the Chair’s absence, States; and that upon the conclusion of the Committee for at least 24 hours (excluding by the member designated by the Chair as ceremonies the House stands adjourned until Saturdays, Sundays, or legal holidays except the Vice Chair of the Committee, or by the 10 a.m. on Wednesday, January 21, 2009. when the House is in session on such day). ranking majority member of the Committee The resolution was agreed to. (b) Each subcommittee is a part of the present as Acting Chair. A motion to reconsider was laid on Committee, and is subject to the authority (2) Meetings and hearings of the Com- mittee shall be open to the public unless the table. and direction of the Committee and to its rules so far as applicable. closed in accordance with clause 2(g) of rule f (c) The provisions of clause 2 of rule XI of XI of the Rules of the House of Representa- the Rules of the House are incorporated by tives. LEGISLATIVE PROGRAM reference as the rules of the Committee to (3) Any meeting or hearing of the Com- (Mr. HOYER asked and was given the extent applicable. mittee that is open to the public shall be permission to address the House for 1 (d) The Committee’s rules shall be pub- open to coverage by television, radio, and lished in the Congressional Record not later still photography in accordance with the minute.) than 30 days after the Committee is elected provisions of clause 4 of rule XI of the Rules Mr. HOYER. Madam Speaker, there in each odd-numbered year. of the House (which are incorporated by ref- will be no votes for the balance of the RULE 2—REGULAR, ADDITIONAL, AND SPECIAL erence as part of these rules). day, and there will be no votes tomor- MEETINGS (4) When a recommendation is made as to the kind of rule which should be granted for row. REGULAR MEETINGS consideration of a bill or resolution, a copy There will be a joint session tomor- (a)(1) The Committee shall regularly meet of the language recommended shall be fur- row. We will meet for the counting and at 10:00 a.m. on Tuesday of each week when nished to each member of the Committee at for the report of the electoral college the House is in session. the beginning of the Committee meeting at (2) A regular meeting of the Committee votes of the November 4 election. which the rule is to be considered or as soon may be dispensed with if, in the judgment of There will be votes on Friday, and I thereafter as the proposed language becomes the Chairman of the Committee (hereafter in will be trying to get you additional in- available. formation on the calendar for Friday. these rules referred to as the ‘‘Chair’’), there is no need for the meeting. QUORUM Clearly there will be at least two bills (3) Additional regular meetings and hear- (b)(1) For the purpose of hearing testimony on the floor—there may be others—the ings of the Committee may be called by the on requests for rules, five members of the Pay Equity bill that already passed the Chair. Committee shall constitute a quorum.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00013 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 260 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 (2) For the purpose of taking testimony ister oaths to witnesses before the Com- receive testimony, mark up legislation, and and receiving evidence on measures or mat- mittee. report to the full Committee on any measure ters of original jurisdiction before the Com- RULE 4—GENERAL OVERSIGHT or matter referred to it. mittee, three members of the Committee RESPONSIBILITIES (2) No subcommittee of the Committee may meet or hold a hearing at the same time shall constitute a quorum. (a) The Committee shall review and study, as a meeting or hearing of the full Com- (3) A majority of the members of the Com- on a continuing basis, the application, ad- mittee shall constitute a quorum for the pur- mittee is being held. ministration, execution, and effectiveness of (3) The chairman of each subcommittee poses of reporting any measure or matter, of those laws, or parts of laws, the subject mat- authorizing a subpoena, of closing a meeting shall schedule meetings and hearings of the ter of which is within its jurisdiction. subcommittee only after consultation with or hearing pursuant to clause 2(g) of rule XI (b) Not later than February 15 of the first the Chair. of the Rules of the House (except as provided session of a Congress, the Committee shall in clause 2(g)(2)(A) and (B)), or of taking any meet in open session, with a quorum present, QUORUM other action. to adopt its oversight plans for that Con- (e)(1) For the purpose of taking testimony, VOTING gress for submission to the Committee on two members of the subcommittee shall con- (c)(1) No vote may be conducted on any House Administration and the Committee on stitute a quorum. measure or motion pending before the Com- Oversight and Government Reform, in ac- (2) For all other purposes, a quorum shall mittee unless a majority of the members of cordance with the provisions of clause 2(d) of consist of a majority of the members of a the Committee is actually present for such House rule X. subcommittee. purpose. RULE 5—SUBCOMMITTEES EFFECT OF A VACANCY (2) A record vote of the Committee shall be ESTABLISHMENT AND RESPONSIBILITIES OF (f) Any vacancy in the membership of a provided on any question before the Com- SUBCOMMITTEES subcommittee shall not affect the power of mittee upon the request of any member. the remaining members to execute the func- (a)(1) There shall be two subcommittees of (3) No vote by any member of the Com- tions of the subcommittee. the Committee as follows: mittee on any measure or matter may be RECORDS cast by proxy. (A) Subcommittee on Legislative and (4) A record of the vote of each Member of Budget Process, which shall have general re- (g) Each subcommittee of the Committee the Committee on each record vote on any sponsibility for measures or matters related shall provide the full Committee with copies matter before the Committee shall be avail- to relations between the Congress and the of such records of votes taken in the sub- able for public inspection at the offices of Executive Branch. committee and such other records with re- the Committee, and with respect to any (B) Subcommittee on Rules and Organiza- spect to the subcommittee necessary for the record vote on any motion to amend or re- tion of the House, which shall have general Committee to comply with all rules and reg- port, shall be included in the report of the responsibility for measures or matters re- ulations of the House. Committee showing the total number of lated to process and procedures of the House, RULE 6—STAFF votes cast for and against and the names of relations between the two Houses of Con- IN GENERAL gress, relations between the Congress and those members voting for and against. (a)(1) Except as provided in paragraphs (2) the Judiciary, and internal operations of the and (3), the professional and other staff of HEARING PROCEDURES House. the Committee shall be appointed, by the (d)(1) With regard to hearings on matters (2) In addition, each such subcommittee Chair, and shall work under the general su- of original jurisdiction, to the greatest ex- shall have specific responsibility for such pervision and direction of the Chair. tent practicable: other measures or matters as the Chair re- (A) each witness who is to appear before (2) All professional, and other staff pro- fers to it. vided to the minority party members of the the Committee shall file with the Committee (3) Each subcommittee of the Committee Committee shall be appointed, by the rank- at least 24 hours in advance of the appear- shall review and study, on a continuing ing minority member of the Committee, and ance a statement of proposed testimony in basis, the application, administration, exe- shall work under the general supervision and written and electronic form and shall limit cution, and effectiveness of those laws, or the oral presentation to the Committee to a direction of such member. parts of laws, the subject matter of which is (3) The appointment of all professional brief summary thereof; and within its general responsibility. (B) each witness appearing in a non-gov- staff shall be subject to the approval of the REFERRAL OF MEASURES AND MATTERS TO ernmental capacity shall include with the Committee as provided by, and subject to the SUBCOMMITTEES statement of proposed testimony provided in provisions of, clause 9 of rule X of the Rules written and electronic form a curriculum (b)(1) In view of the unique procedural re- of the House. vitae and a disclosure of the amount and sponsibilities of the Committee, no special ASSOCIATE STAFF source (by agency and program) of any Fed- order providing for the consideration of any (b) Associate staff for members of the Com- eral grant (or subgrant thereof) or contract bill or resolution shall be referred to a sub- mittee may be appointed only at the discre- (or subcontract thereof) received during the committee of the Committee. tion of the Chair (in consultation with the (2) The Chair shall refer to a subcommittee current fiscal year or either of the two pre- ranking minority member regarding any mi- such measures or matters of original juris- ceding fiscal years. nority party associate staff), after taking diction as the Chair deems appropriate given (2) The five-minute rule shall be observed into account any staff ceilings and budg- in the interrogation of each witness before its jurisdiction and responsibilities. (3) All other measures or matters of origi- etary constraints in effect at the time, and the Committee until each member of the nal jurisdiction shall be subject to consider- any terms, limits, or conditions established Committee has had an opportunity to ques- ation by the full Committee. by the Committee on House Administration tion the witness. (4) In referring any measure or matter of under clause 9 of rule X of the Rules of the (3) The provisions of clause 2(k) of rule XI original jurisdiction to a subcommittee, the House. of the Rules of the House shall apply to any Chair may specify a date by which the sub- SUBCOMMITTEE STAFF hearing conducted by the Committee. committee shall report thereon to the Com- (c) From funds made available for the ap- SUBPOENAS AND OATHS mittee. pointment of staff, the Chair of the Com- (e)(1) Pursuant to clause 2(m) of rule XI of (5) The Committee by motion may dis- mittee shall, pursuant to clause 6(d) of rule the Rules of the House of Representatives, a charge a subcommittee from consideration X of the Rules of the House, ensure that suf- subpoena may be authorized and issued by of any measure or matter referred to a sub- ficient staff is made available to each sub- the Committee or a subcommittee in the committee of the Committee. committee to carry out its responsibilities conduct of any investigation or series of in- COMPOSITION OF SUBCOMMITTEES under the rules of the Committee, and, after vestigations or activities, only when author- (c) The size and ratio of each sub- consultation with the ranking minority ized by a majority of the members voting, a committee shall be determined by the Com- member of the Committee, that the minority majority being present. mittee and members shall be elected to each party of the Committee is treated fairly in (2) The Chair may authorize and issue sub- subcommittee, and to the positions of chair- the appointment of such staff. poenas under such clause during any period man and ranking minority member thereof, COMPENSATION OF STAFF in which the House has adjourned for a pe- in accordance with the rules of the respec- (d) The Chair shall fix the compensation of riod of longer than three days. (3) Authorized subpoenas shall be signed by tive party caucuses. The Chair of the full all professional and other staff of the Com- the Chair or by any member designated by Committee shall designate a member of the mittee, after consultation with the ranking the Committee, and may be served by any majority party on each subcommittee as its minority member regarding any minority person designated by the Chair or such mem- vice chairman. party staff. ber. SUBCOMMITTEE MEETINGS AND HEARINGS CERTIFICATION OF STAFF (4) The Chair, or any member of the Com- (d)(1) Each subcommittee of the Com- (e)(1) To the extent any staff member of mittee designated by the Chair, may admin- mittee is authorized to meet, hold hearings, the Committee or any of its subcommittees

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 261 does not work under the direct supervision that the anticipated floor schedule permits, (A) has requested, in writing to the Chair, and direction of the Chair, the Member of any member of the Committee a reasonable that a hearing be scheduled on a rule for the the Committee who supervises and directs amount of time to submit views for inclusion consideration of the bill or resolution, and the staff member’s work shall file with the in the Committee report on the bill or reso- (B) has supplied the Committee with an Chief of Staff of the Committee (not later lution. adequate number of copies of the bill or reso- than the tenth day of each month) a certifi- Any such report shall contain all matters lution, as reported, together with the final cation regarding the staff member’s work for required by the Rules of the House of Rep- printed committee report thereon. that member for the preceding calendar resentatives (or by any provision of law en- OTHER PROCEDURES month. acted as an exercise of the rulemaking power (e) The Chair may establish such other (2) The certification required by paragraph of the House) and such other information as Committee procedures and take such actions (1) shall be in such form as the Chair may the Chair deems appropriate. as may be necessary to carry out these rules prescribe, shall identify each staff member RECORDS or to facilitate the effective operation of the by name, and shall state that the work en- (b)(1) There shall be a transcript made of Committee and its subcommittees in a man- gaged in by the staff member and the duties each regular meeting and hearing of the ner consistent with these rules. assigned to the staff member for the member Committee, and the transcript may be print- RULE 9—AMENDMENTS TO COMMITTEE RULES of the Committee with respect to the month ed if the Chair decides it is appropriate or if in question met the requirements of clause 9 a majority of the Members of the Committee The rules of the Committee may be modi- of rule X of the Rules of the House. requests such printing. Any such transcripts fied, amended or repealed, in the same man- (3) Any certification of staff of the Com- shall be a substantially verbatim account of ner and method as prescribed for the adop- mittee, or any of its subcommittees, made remarks actually made during the pro- tion of committee rules in clause 2 of rule XI by the Chair in compliance with any provi- ceedings, subject only to technical, gram- of the Rules of the House, but only if written sion of law or regulation shall be made— matical, and typographical corrections au- notice of the proposed change has been pro- (A) on the basis of the certifications filed thorized by the person making the remarks. vided to each such Member at least 48 hours under paragraph (1) to the extent the staff is Nothing in this paragraph shall be construed before the time of the meeting at which the not under the Chair’s supervision and direc- to require that all such transcripts be sub- vote on the change occurs. Any such change tion, and ject to correction and publication. in the rules of the Committee shall be pub- (B) on his own responsibility to the extent (2) The Committee shall keep a record of lished in the Congressional Record within 30 the staff is under the Chair’s direct super- all actions of the Committee and of its sub- calendar days after their approval. vision and direction. committees. The record shall contain all in- f RULE 7—BUDGET, TRAVEL, PAY OF WITNESSES formation required by clause 2(e)(1) of rule HAMAS—A HISTORY OF HATE BUDGET XI of the Rules of the House of Representa- (a) The Chair, in consultation with other tives and shall be available for public inspec- The SPEAKER pro tempore. Under a members of the Committee, shall prepare for tion at reasonable times in the offices of the previous order of the House, the gen- each Congress a budget providing amounts Committee. tleman from Texas (Mr. POE) is recog- for staff, necessary travel, investigation, and (3) All Committee hearings, records, data, nized for 5 minutes. other expenses of the Committee and its sub- charts, and files shall be kept separate and Mr. POE of Texas. Madam Speaker, committees. distinct from the congressional office records of the Chair, shall be the property of Israel and Hamas are fighting each TRAVEL the House, and all Members of the House other in the Gaza Strip. The question (b)(1) The Chair may authorize travel for shall have access thereto as provided in is, what is this fighting all about? any member and any staff member of the clause 2(e)(2) of rule XI of the Rules of the For centuries, the Jews and Muslims Committee in connection with activities or House. have fought over a strip of land in what subject matters under the general jurisdic- (4) The records of the Committee at the we call the Holy Land called the Gaza tion of the Committee. Before such author- National Archives and Records Administra- ization is granted, there shall be submitted Strip. It’s a territorial dispute, but it’s tion shall be made available for public use in also a conflict of a religious nature. to the Chair in writing the following: accordance with rule VII of the Rules of the (A) The purpose of the travel. House. The Chair shall notify the ranking The Gaza Strip is a tiny sliver of land (B) The dates during which the travel is to minority member of any decision, pursuant about two times the size of Wash- occur. to clause 3(b)(3) or clause 4(b) of the rule, to ington, D.C., with a population of (C) The names of the States or countries to withhold a record otherwise available, and about 1.5 million people. It is bordered be visited and the length of time to be spent the matter shall be presented to the Com- by the State of Israel on three sides in each. mittee for a determination on written re- and the Mediterranean Sea to the (D) The names of members and staff of the quest of any member of the Committee. Committee for whom the authorization is West. COMMITTEE PUBLICATIONS ON THE INTERNET sought. The modern war between Israel and (2) Members and staff of the Committee (c) To the maximum extent feasible, the the Palestinians began after Israel be- shall make a written report to the Chair on Committee shall make its publications avail- came a sovereign nation in 1948, after any travel they have conducted under this able in electronic form. the end of World War II. After the subsection, including a description of their CALENDARS Egyptian invasion of Israel in May of itinerary, expenses, and activities, and of (d)(1) The Committee shall maintain a 1948 and the subsequent occupation of pertinent information gained as a result of Committee Calendar, which shall include all the Gaza Strip, large groups of Pales- such travel. bills, resolutions, and other matters referred (3) Members and staff of the Committee to or reported by the Committee and all tinian refugees began to arrive and live performing authorized travel on official busi- bills, resolutions, and other matters reported in Gaza. ness shall be governed by applicable laws, by any other committee on which a rule has In the last half of the 20th century, resolutions, and regulations of the House and been granted or formally requested, and such territorial control bounced back and of the Committee on House Administration. other matters as the Chair shall direct. The forth between Israel and its Muslim PAY OF WITNESSES Calendar shall be published periodically, but neighboring countries. In the 1990s, (c) Witnesses may be paid from funds made in no case less often than once in each ses- Israel transferred security and civilian available to the Committee in its expense sion of Congress. responsibility for the Palestinian-popu- (2) The staff of the Committee shall furnish resolution subject to the provisions of clause lated areas of Gaza to the Palestinian 5 of rule XI of the Rules of the House. each member of the Committee with a list of all bills or resolutions (A) reported from the Authority. After that transfer, Pal- RULE 8—COMMITTEE ADMINISTRATION Committee but not yet considered by the estinians elected Yasser Arafat to be REPORTING House, and (B) on which a rule has been for- their leader, a person who was by no (a) Whenever the Committee authorizes mally requested but not yet granted. The list means pro-Israel, but a leader at the the favorable reporting of a bill or resolution shall be updated each week when the House very least who worked for peace be- from the Committee— is in session. tween Israel and Palestine. (1) the Chair or acting Chair shall report it (3) For purposes of paragraphs (1) and (2), a In September 2005, Israel unilaterally to the House or designate a member of the rule is considered as formally requested Committee to do so, and when the Chairman of a committee which withdrew all of its settlers and soldiers (2) in the case of a bill or resolution in has reported a bill or resolution (or a mem- and dismantled its military facilities which the Committee has original jurisdic- ber of such committee authorized to act on in the Gaza Strip on the condition that tion, the Chair shall allow, to the extent the Chairman’s behalf): the Palestinian terrorist groups, like

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 262 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Hamas, would stop terrorizing innocent from crossing into Egypt to receive sored by the very Wall Street banks civilians in Israel near the Gaza border, medical treatment, but they’re steal- that caused the trouble in the first but that did not happen. Hamas contin- ing medicine and supplies meant for ci- place. Houses are being auctioned at ued its relentless attacks against the vilians and using them for their wound- prices so low we could have put the Jews, causing an escalation of tension ed terrorists. original occupants back in. Even cities in that region. What makes Hamas even more inhu- would be able to bid on these homes on Then in January of 2006, the people of mane is their willingness to put their behalf of their local homeowners, their Palestine elected Hamas to head the own people in harm’s way. Time and property owners, but they’ve not yet Palestine Legislative Council. The time again, Hamas has intentionally received any funds from the $4 billion international community did not ac- launched missiles into school yards and neighborhood stabilization program cept the Hamas-led government be- residential areas, putting Palestinians that we were told was supposed to keep cause it refused to renounce violence, at risk, daring Israel to try and come local neighborhoods whole. refused to recognize the State of Israel, after them, even hoping for Palestinian But the Wall Street banks are clean- and refused to honor previous peace civilian lives to be lost in these at- ing up. They get the bailout money. agreements between Israel and the Pal- tacks. They don’t have to manage those prop- estinian Authority. It’s time for the rest of the world to erties. They auction them to outsiders After a series of infighting between stand in solidarity with Israel in its and then they’re just waiting for their Hamas and more moderate Palestin- fight against terrorism and demand taxes to be filed for 2008 at the IRS to ians, Hamas militants succeeded in a that Hamas immediately end its rocket get all those losses booked and get violent takeover of all the military and fire attacks on Israel and stop smug- more back from the people of the government institutions in the Gaza gling through tunnels between Egypt United States. Something is very wrong and unco- Strip. and Gaza. However, Hamas says it will ordinated with the manner in which So since 2000, Hamas terrorists have never end their war against Israel until the Federal Government is allowing eq- targeted over 1 million Israeli civilians Israel ceases to exist. uity to be bled from local homeowners in Gaza and Israel literally firing thou- In the face of such hate, Madam and from our communities at large and sands of rockets, missiles and mortar Speaker, Israel is left with no other awarded to Wall Street whole. shells into Israel. In just the past 10 choice but to defend its people and its Wall Street banks that hold or sell days, Hamas has fired more than 500 sovereign territory from these mur- mortgages on these foreclosed prop- rockets at innocent Israeli civilians, derous terrorists. erties are not managing their property and there is no end in sight. And that’s just the way it is. holdings. These holdings are then fre- The anti-Semitic hate speech propa- f quently stripped of copper, electrical gated by Hamas leaders is no figment wiring and other materials, further de- of anyone’s imagination. It is real. It’s NEW CONGRESS, REAL COMMITMENT valuing adjacent properties and deci- enticing an entire generation of young mating entire neighborhoods. people to become terrorists, all in the The SPEAKER pro tempore. Under a The $300 billion FHA program de- name of religion. Even our State De- previous order of the House, the gentle- signed to help modify troubled mort- partment has designated Hamas as a woman from Ohio (Ms. KAPTUR) is rec- gage loans is as ineffective as the Wall foreign terrorist organization for as ognized for 5 minutes. Street bailout. The program has re- long as that list has existed. Ms. KAPTUR. Madam Speaker, the ceived fewer than 200 applications na- But we don’t have to take our own wonderful opportunity of a new Con- tionwide since taking effect October 1 government’s word for it. In 2005, a gress is that it is not bound by the mis- and not a single loan has been modi- Hamas leader in Gaza told the media takes of the past. fied. that, ‘‘Neither the liberation of the As foreclosure rates rise in Ohio and A bank’s receipt of TARP funds Gaza Strip nor the liberation of the across our Nation, it’s pretty obvious should be conditioned on them lending West Bank or even Jerusalem will suf- that the Federal responses are not money and engaging in mortgage work- fice us. Hamas will pursue the armed working on Main Street, whether it’s outs to ensure the program at least struggle until the liberation of all our the $700 billion Wall Street bailout or starts to work somewhat. Many banks lands. We don’t recognize the State of the $300 billion FHA loan workout pro- and servicers are still reluctant to Israel or its right to hold onto one inch gram. structure manageable workouts with of Palestine. Palestine is an Islamic Citigroup, for example, was one of their customers. Among them are JP land belonging to all the Muslims.’’ the big culprits that caused the finan- Morgan Chase, Wells Fargo and Later in 2006, another leader said, cial meltdown; yet, they got paid $25 Wilshire, who have received $65 billion ‘‘Israel is not a legitimate entity, and billion from the public Treasury. But among them in Treasury funds. no amount of pressure can force us to Ohio, where foreclosures are raging, What’s fair about that? May the 111th recognize its right to exist. Israel must got nothing. Instead, out-of-State Congress pass more than just hollow be humiliated and degraded.’’ megabanks are buying up Ohio banks, legislation. Let’s pass a measure wor- These are not the words of a people while more Ohio homeowners get boot- thy of the oath we took yesterday to who desire peace and reconciliation. ed out of their homes. protect our Republic from all enemies, These are the words of a people who Last year, in my home County of foreign and domestic. blatantly call for the complete destruc- Lucas, another 4,100 homes were fore- Jesse James robbed banks because he tion of Israel and will not stop at any- closed. That’s a minimum of 10,000, said that’s where the money is. Well, thing until that happens. 10,000 more people who were not helped Wall Street just robbed the biggest What’s worse, Hamas doesn’t care by Treasury’s failed TARP program. bank of them all, the public Treasury. what it takes to make this happen, Ohio’s families alone need $20 billion to It’s time for Congress to blink and do even if that means killing its own peo- stop the real estate hemorrhage which what’s right in the 111th Congress of ple. is less than what Citibank received, the United States. Since the fighting began, Israel has and would go to real people, not ersatz f allowed over 200 truckloads of food and and paper trades on Wall Street. b 1300 medicine to enter Gaza, even under In Toledo, Ohio, you can now buy a shellfire. Just today, Israel agreed to home for $4,500, but last fall, rather HONORING THE LIFE OF FORMER cease its ground operations for 3 hours than local homeowners being refi- SENATOR CLAIBORNE PELL every day so that humanitarian sup- nanced in this Wall Street bailout bill, The SPEAKER pro tempore. Under a plies can be taken into Gaza. one California investor figured it out. previous order of the House, the gen- But meanwhile, Hamas is not only He bought 137 foreclosed properties in tleman from Rhode Island (Mr. KEN- preventing its own wounded civilians Toledo at auction, an auction spon- NEDY) is recognized for 5 minutes.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 263 Mr. KENNEDY. Today, Madam work ushered in many essential policies that league, Congressman KENNEDY, men- Speaker, I join my colleague Congress- have shaped our world today. tioned, creating the National Endow- man LANGEVIN in this tribute to Sen- Earlier this week, President Clinton, Vice ment for the Arts and the National En- ator Pell, the great statesman from President-elect Biden, Senator KENNEDY, Sen- dowment for the Humanities. He helped Rhode Island. His name is well-known ator REED and many of his other friends from shape our country’s foreign policy and throughout this country, associated around the globe paid tribute to his work and believed strongly in the power of diplo- most notably with the Pell Grant, the celebrated his life. macy. He stood up to defend rights for grant that allows millions of young He will be truly missed and my sympathies all Americans, regardless of race, class people in this country opportunity to and prayers are with his family. He leaves be- or sexual orientation. get a higher education. hind his wife of 64 years, wonderful Nuala Knowing him for more than two dec- But Madam Speaker, we wanted to O’Donnell Pell; his son, Christopher T.H. Pell, ades, I considered Senator Pell a friend pay tribute to Senator Pell not only of Newport; a daughter, Dallas Pell, of New and a mentor and had the opportunity for what he did to open the doors for York City; as well as five grandchildren and of interning in his Washington, DC of- millions in this country for economic five great grandchildren. fice during my studies at Rhode Island and educational opportunity, we want- But those of us who will miss him extends College. I found it to be one of the most ed to pay tribute to him for all that much farther. It is our country’s sorrow to lose rewarding experiences of my life and he’s done as a five-term Senator from such a giant of the Senate and the Nation. the beginning of a career path that led Rhode Island and one of the most dis- And with that, I would like to yield me here to Congress as a representa- tinguished Senators ever to serve not the floor to my colleague and friend tive of Rhode Island’s Second Congres- only Rhode Island but this country. from the Second Congressional Dis- sional District. He was the author of the Humanities trict, Congressman LANGEVIN. As I began my own career in govern- Act, National Endowment for the Hu- Mr. LANGEVIN. Madam Speaker, I ment, Senator Pell was always there manities, which allows the arts to be thank my colleague for yielding, and I for me, offering advice and support. accessible to the average person as am honored to join with him today in f well. paying tribute to our State’s former He was really the founder and the senior Senator, Senator Claiborne Pell, HONORING SENATOR CLAIBORNE person who really began the belief that who passed away on the 1st of this PELL we ought to work cooperatively around year. He was an incredible public serv- The SPEAKER pro tempore. Under a the world in terms of foreign policy. As ant, and someone who I was proud to previous order of the House, the gen- the chairman of the Foreign Relations call a friend and a mentor. He was one tleman from Rhode Island (Mr. Committee, he was the one who led in of Rhode Island’s greatest statesmen LANGEVIN) is recognized for 5 minutes. diplomacy. and gentlemen, as I said, who passed Mr. LANGEVIN. In continuing my And my friends, he was far ahead of away on the first day of 2009. tribute to Senator Pell, Madam Speak- his time as an environmentalist as Born on November 22, 1918 into a er, Senator Pell was and always will be well. prominent and wealthy family, Senator a role model as I work to serve the peo- Madam Speaker, we could talk about Pell was better known as a champion ple of Rhode Island just as he did, with his policies and what they meant to for the common man and also the ‘‘Fa- courage and integrity. our country, but to know him as a per- ther of the Pell Grant Program.’’ After This past Monday, Senator Pell was son is to really say the most about receiving a degree from Princeton Uni- remembered by his family, colleagues Senator Pell. He was the most self-ef- versity, he served in the United States from the Senate, President Clinton, facing, genteel, kind-hearted man that Coast Guard during World War II and Vice President-elect Biden, and many you could ever know. And in a world of later traveled the world as a Foreign others. It was a fitting tribute to his rough-and-tumble politics, it’s hard to Service Officer of the State Depart- years of public service and his life-long find a genuine person such as that. And ment. In 1960, he was elected to his vision for our country. for that reason, on a personal level I first of six terms as a United States Madam Speaker, it is an understate- was honored to know him and serve Senator from Rhode Island. After retir- ment to say that his presence will be with him and today join my colleague, ing in 1997, he became our State’s long- forever missed, but his enduring legacy JIM LANGEVIN, in paying tribute to est-serving Senator. will live on in his many accomplish- him. Diagnosed with Parkinson’s Disease ments that have enhanced our country Senator Pell left an extraordinary legacy that in 1994, he never let his physical condi- greatly, and especially the past, is appreciated by so many people around the tion diminish his spirit and he re- present and future students who have world. mained active in the Rhode Island achieved a higher education because of He spent his life in service to our country community and the Democratic Party. Pell Grants. And it will live on in the from his start in 1960 as a U.S. Senator from In Rhode Island, the Pell name is leg- people of Rhode Island, who have bene- Rhode Island to his retirement in 1997, and in endary in politics and synonymous fited greatly from his life’s work. the years beyond in which he remained active with the best attributes of public serv- My thoughts and prayers are with his in our State. ice, and his legacy endures. entire family, especially his beloved Our Nation has lost one of its most visionary The esteemed Senator once stated, wife of 64 years, Nuala Pell, during this and thoughtful legislative leaders, and his hall- ‘‘The strength of the United States is very difficult time. mark, the Pell Grant, exemplifies his efforts to not the gold at Fort Knox or the weap- I join with my friend and colleague, promote education and opportunity for all ons of mass destruction that we have, Congressman KENNEDY, to say that Americans. So many families, though they but the sum total of the education and Senator Pell had a tremendous impact may not know his name, were touched by the the character of our people.’’ Believing on our careers. And again, we extend work and generous spirit of Senator Pell. that education was the great equalizer, both our sincerest condolences to the There are so many areas in which he led he created legislation that passed in entire Pell family. our country to the forefront such as oceanog- 1972 establishing the Basic Educational f raphy, foreign policy, and college tuition as- Opportunity Grants—better known now sistance. His commitment to public service as Pell Grants—that provide financial ISRAEL AND HAMAS CONFLICT and his notable contributions to Rhode Island assistance to students who may not The SPEAKER pro tempore. Under a and our Nation continue to inspire people of otherwise be able to attend college. It previous order of the House, the gen- all generations. is estimated that a remarkable 54 mil- tleman from Alabama (Mr. ROGERS) is The magnitude and depth of his accomplish- lion students have benefited from these recognized for 5 minutes. ments may never be known because he let grants. Mr. ROGERS of Alabama. Madam others take the credit and acclaim. His style Due to his love of the arts, he also Speaker, I rise today to speak about was understated yet magnanimous and his authored the legislation, as my col- the devastating situation in Gaza.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00017 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 264 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Each of us in this Chamber knows porter on his 95th birthday, ‘‘Congratu- Georgia. And my dad was concerned what it’s like to deal with a terrorist lations on your 95th birthday, I hope with the high interest rate being over attack on our soil and against our peo- you’re not offended, but I hope I never 10 percent. And he said, you know, son, ple. Over the last several years, the turn 95,’’ and the gentleman said, it just doesn’t get any higher than Israeli people have been constantly ‘‘Well, son, that’s because you’re not that, why don’t you wait until it comes bombarded by terrorist attacks on 94.’’ But a man over 90 approached me down. And yet at the time we were sell- their soil and against their people. there and said that he was sick and ing our house after my 4 years at Fort Since Israel withdrew from Gaza in tired of hearing people say, oh, this is Benning, there were people wanting late 2005, more than 6,000 rocket and the worst day since the Depression, desperately to absorb 12 percent loans mortar attacks from Hamas and other some people saying it’s as bad as the because the interest rates had gotten terrorist groups were fired into their 1930s Depression. And he said, let me so high. In fact, I’ve got some data territory. tell you about the Depression. I was gathered on that. The Government of Israel has a right there. Sometimes we went for 2 days The Federal funds rate was about 11 and a responsibility to defend and pro- without eating. And I look around now- percent in ’79; it rose to 20 percent by tect its people. To stand idly by while adays and I see people offended if they June of 1981. The prime interest rate hundreds of bombs explode on Israeli don’t have three cars in their family. eventually reached 21.5 percent in June territory would have indeed been an ir- They’ve got a computer, they’ve got of 1982. And here was this candidate in responsible position for Israel’s govern- cell phones, they’ve got all these 1980 named Reagan saying ‘‘I can help ment to take, and continuing to do things, and they’re trying to tell me bring these things down.’’ And I re- nothing could cause long-term detri- that this is as bad as the Depression member telling my wife at the time, ‘‘I mental implications to Israel’s secu- when my family couldn’t eat, when un- like this guy.’’ As a member of the rity in the region. employment, by some estimations, at Army, I could not criticize a Com- times was going toward 50 percent, but So Madam Speaker, critics who have mander in Chief because he was in the by most agreement was more like 25 said that Israel responded to Hamas in chain of command and that’s a court- percent or so. It was an incredibly a disproportionate or indiscriminate martialable offense. So you couldn’t rough time for America, but they man- way are wrong. Madam Speaker, I ask, say anything critical about the Com- aged to get through it. what amount of force would have been There is interesting literature out mander in Chief. But I was excited necessary to stop the brutal attacks, to now that says, by government inter- about this guy Reagan. put an end to the terrorists’ rocket vention all through the thirties, the b 1315 launching pad in Gaza? economy never got better until after But I said to my wife, let’s face it, Hamas has repeatedly targeted World War II started; that all the gov- school yards and hospitals filled with there is no way one man, even the ernment intervention may have actu- President of the United States, could children and civilians in Israel. And ally prolonged the terrible Depression the militants have been deliberate in bring down double-digit unemploy- rather than helping. Here in this day ment, double-digit inflation, and dou- operating from places where Gazan ci- and time we have people with the best vilians have sought shelter, jeopard- ble-digit interest rates. I mean one of intentions, they want, truly, to man just can’t do that. And these izing innocent lives in Gaza. Only make it better. There are others that Hamas is responsible for the massacre things started peaking through the we have here in Washington, part of late 1970s, 1980, 1981, and 1982; and lo of the people in Gaza. Hamas is respon- the government that perhaps want to and behold, he was able to turn things sible for this conflict. reward their friends. And that is not a around. We had a massive tax cut, and Today marks the 12th day of this partisan comment, that apparently is a the economy turned around and started conflict, and I think we all hope for a bipartisan comment because we’ve seen going the other way. And lo and be- cease-fire to take place soon. However, it on both sides of the party issue. even if the parties can reach an agree- But to be told repeatedly that this is hold, double-digit interest rates fell ment to a cease-fire, it remains to be a terrible depression, worst economy below 10 percent, unemployment rates seen whether it will be durable. since the thirties, I was around in the fell below 10 percent. Interest rates, in- Therefore, I strongly urge support for late 1970s, I was around in 1980 and 1981. flation, all of those things came down, Israel’s right to self-defense and its ef- And so I gathered some numbers about and I was wrong. Apparently one man forts to protect itself militarily. I also those days. We had a 1973 oil crisis and could make that much difference. urge the United Nations and our Euro- a 1979 energy crisis. And we had, let’s Now, some of the folks know here, pean allies to do the same. see, unemployment at 5.1 in January of Madam Speaker, I like President f 1974. And it rose, let’s see, mild reces- George W. Bush. I think he is a good man, an honorable man, despite what ECONOMY IN AMERICA sion from January to July. But unem- ployment got to 7.5 and eventually got some folks say. I like him. He’s smart- The SPEAKER pro tempore. Under over 10 percent. And I recall thinking, er than people give him credit, but as the Speaker’s announced policy of Jan- when this guy Reagan started talking Jeff Foxworthy says, often when people uary 6, 2009, the gentleman from Texas about—and I was in the Army at the who are not from the South hear a (Mr. GOHMERT) is recognized for 60 min- time at Fort Benning, Georgia—and I southern accent, they immediately de- utes as the designee of the minority heard him, and he was just such a gift- duct 50 IQ points from what they think leader. ed communicator, and he commu- the IQ of the speaker is. But when our Mr. GOHMERT. Madam Speaker, it is nicated confidence and a good feeling Secretary of the Treasury convinced a pleasure to be here as we start an- about this country. And it helped make him to say, as the Treasury Secretary other 2 years in a new Congress, the America stronger when America felt said, that we’re about to have this ter- 111th Congress. It is a humbling honor stronger. There is so much to the men- rible depression and we could have a to get to follow in the footsteps of so tal status of the people of this country. stock crash like ’29; in some of the pri- many giants. But by 1979, inflation had reached 11.3 vate meetings, it could be that once I come today to talk a bit about the percent. In 1980, it soared to 13.5 per- the first bank fails, they’ll all fail. economy and what’s been done so far cent. And here we had a guy, Reagan, We’ll have a worse depression than the and what is being proposed to be done who was saying in 1980 that as Presi- 1930s. We’ll have all these terrible in the future. Now, there is so much to dent he could bring down double-digit things. Those kinds of things when said be learned from people who have been inflation, he could bring down double- from the highest people in the country around this place and been on this digit unemployment, he could bring can become self-fulfilling prophesies. Earth for many, many decades. A fel- down double-digit interest rates. You need to have Presidents that will low down in Nacogdoches had the wis- I recall my wife and I bought our come forward and say ‘‘The only real dom, when he was told by a young re- first house out near Fort Benning, thing we have to fear is fear itself,’’ as

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 265 Roosevelt did. You need to spread calm could not afford to pay it back. So I’m that because of this accident that and confidence. And there are obvi- not in favor of doing that. I don’t want those loans were not getting through ously many issues on which I disagree to force lenders into making bad loans. to the people that needed them; so we with President-elect Obama, but one of But when billions and billions of Amer- need to spend $700 billion. And I think the things we see about this man, as he ican taxpayer dollars are extended to at the time they said it was about a 5 prepares to take over the Presidency, these huge banks, and at the same time percent bad mortgage of home loans, he has a real gift for spreading con- I’ve seen press releases from those and there are about 80 million mort- fidence, spreading calm, and spreading banks that say, oh, this will really help gages; so that’s roughly 4 million hope, as he likes to say. us to extend more credit, lend more loans. So this credit crunch was caused Now, we’ve been hearing a lot lately money. This will help with the credit by these 4 million loans to spend $700 people trying to set the bar so low that crunch, and then follow it up shortly billion. So we cleared the accident, or anything he does will pass the bar, but thereafter by saying, we’re not going at least we were told that we were the fact is we need all of our national to lend like we used to and we’re hold- clearing the accident. leaders to be spreading confidence. You ing money in reserve. It had absolutely But the accident is not cleared, or if don’t do that by saying, ‘‘Oh, we’re in the opposite effect of what it was sup- it is cleared, nobody has let the traffic this terrible depression,’’ because we posed to have. So that causes great through because there are people every are not. When you actually look at the concern. It has not opened up lending. day being foreclosed on because the numbers, we are in so much better And the fact is this Congress could al- banks that are getting this money, and shape as a Nation than we were in 1980. locate $2 trillion to Detroit auto mak- one bank in particular that does busi- We don’t have hostages being held in ers, but if people cannot buy cars from ness in Georgia got $4 billion of TARP Iran and looking just so helpless to the the dealers and the dealers have all the money and they are foreclosing on peo- rest of the country. President Bush has banks pulling back floor plans saying, ple every day. They are not giving peo- certainly made clear, and I think by we’re not going to help you get cars in ple an opportunity to restructure their some of President-elect Obama’s ap- to sell to other buyers, then it will be loans. They are calling more principal pointments he has made clear to the wasted money. You’ve got to have peo- due on these loans. And I’m not telling rest of the world, you don’t attack us ple able to buy cars or any money a bank to make bad loans, but the rea- or we will respond. And so I hope that given to Detroit is absolutely wasted. son that we are in this situation is be- will continue. It’s an important mes- There was some criticism of Sec- cause they originally made bad loans. sage. But we should not claim that retary Paulson, and I was one of those What I think we’re telling them is they things are worse than they are because who was appropriately critical, for not need to clean up the bad loans that that becomes self-fulfilling. having more restrictions on the money they made. They need to clean up their Though I have to say, by scaring Con- that was given away. Some of it went own mess. But now that they’ve got gress enough, there were about 60 Re- to bonuses. Instead of extending more taxpayers’ dollars, they especially need publicans and about three times that credit, some banks actually bought up to be using that for the intent that many Democrats who voted for the competition, which means there will be Congress gave it to them. bailout bill mainly because the Sec- less credit extended because there are There was an article, and I think it retary of the Treasury scared them fewer lenders out there to extend that was in the New York Times, this is the enough into doing so. That’s not a money in the way of credit. So it had name of the article, December 17, ‘‘Fed basis for making good judgments to the exact opposite effect it was sup- Cuts Key Rate to a Record Low.’’ It help direct this ship of state. posed to. And with all due deference to says: ‘‘Of much greater practical im- Now, there’s another $350 billion of the Secretary of the Treasury patting portance, the Fed bluntly announced the original $700 billion in TARP funds himself and his department on the that it would print as much money as that were in that bailout bill. All that back for doing such a great and noble necessary to revive the frozen credit is required—and I know there are some job, I just don’t see it in what we’ve markets and fight what is shaping up who say, oh, no, in Congress we will get had happen here. as the Nation’s worst economic down- to have an up-or-down vote. The bill I’ve been joined by one of my col- turn since World War II.’’ doesn’t say that. The bill says all the leagues from Georgia, a man I have the And you addressed that. We’re not Treasury Secretary has to do is file a utmost respect for. He is someone in necessarily in that economic downturn, plan. I mean, goodness, his plan could whom I have the greatest of confidence and we’re going to continue to print just say ‘‘I want to spend $350 billion and admiration, and I know that when money until we unfreeze the credit and send it all to my friends,’’ and I have an idea, I’m better off running it market. Well, this first $350 billion under the law if there is no vote dis- by him before I float it out publicly. should have done something to help approving within 15 days, he can take And so I would like to yield to my fall it out in the least, but people every the money and spend it. friend LYNN WESTMORELAND from Geor- day—I have got builders and devel- We have already seen $350 billion gia. opers, small business people in my dis- squandered. Now, I know that Sec- Mr. WESTMORELAND. I thank the trict, the Third District of Georgia, retary Paulson had his department gentleman from Texas. It might not be every week calling me saying, we’re issue a report last week that says we your accent that hurts you with the going out of business. have studied what we did and we think points IQ, but it may have been your A good friend of mine has been in the we did—no, they don’t say ‘‘we think.’’ introduction of me. But it is good to be grading business. His family has been They said, we did a great thing. We here with you to talk about the stim- in the grading business for 57 years. saved the economy. ulus package. He’s been running it for the past 30 Well, one of the things they were I voted against the stimulus package, years. His father started it. He called doing was spending hundreds of billions or the recovery bill, as I know you did me and he said, ‘‘Lynn, today is the of dollars, we were told, to get more and many others did, because we didn’t last day we’re going to be in business. credit, to loosen up the credit. I have see any real plan out there. And the I’ve got employees that have been with been sent copies of letters from banks only plan that we really heard, Madam me for over 30 years that I have got to that received billions and billions of Speaker, if you will remember, they let go. What do I need to tell them dollars of taxpayer money and the let- said there was a bad automobile wreck, about the bailout?’’ ters say we’re not going to be able to that this credit crisis was like a bad This money is not getting through to make car loans anymore, we’re not automobile wreck clogging up the ex- these small businesspeople, and we going to floor plan dealers anymore. pressway and that behind this accident need to make these lending institu- Now, one of the things Congress has there were trucks carrying student tions accountable. I talked to Chair- done that’s been a problem is to force loans, automobile loans, mortgage man FRANK, and he said that they’re lenders to lend money to people who loans, all different types of credit, and going to come up with a bill in about

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 266 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 the next 2 weeks or so to make these today needs some attention. This Con- buy a house, we were going to build a people accountable. And they need to gress has tried to give it the attention. house, we were going to buy a car. But be held accountable. The current President has tried to give since we are told we may be headed for These are taxpayers’ dollars. These it the attention, but I think there has depression, we are going to hold up and are people’s individual dollars going to been too much love and not enough wait and see, you know, maybe some- this bailout, and they are not having firm discipline that everyday citizen is time next year. We don’t want to be the ability to even access any of the out there facing, the firm discipline of buying a new house, or building a new money. These banks are holding the not being able to pay your bills. They house, or building a new building for money, and they’re holding the money don’t have the ability to print more our business if we are about to hit a de- so they can buy small banks. I’ve had money, and they are out there suf- pression. community bankers call me and say, fering. So what happens? People quit buying we applied for TARP but we can’t get We are not doing the suffering here. cars, they quit building. Contractors it. We can’t get the TARP money. We keep printing the money and keep say, you know, we always love when So do you think that some of the Big throwing it out there, and it keeps the phone rings, that means it may be Nine are going to go into our commu- going to the big dogs. It keeps going to somebody that’s about to build another nities, into Grantville, Georgia; or the people that made these major mis- building. But, lately, they cringe every Griffin, Georgia; or Thomaston or takes that leveraged some of these time the phone rings, because it means Greenville, Georgia; and make some- mortgage investments 45 and 50–1. someone else may be calling to say we body a loan that wants to open up a We are bailing them out, and the av- had talked to you, we were planning on barber shop or wants to have a nail erage guy is not getting bailed out. I building something the first of the salon or wants to do an automotive re- have got a real good friend of mine year, but let’s hold up and wait and see pair shop? No. We depend on these com- that called me yesterday, he is in his if this depression really is coming. munity bankers, and right now these early 50s, he has been in the real estate Let me tell you a little more about big banks are sitting around waiting on business and the building business the 1980s when people say, oh, this is these community banks to fail so they along with me—he and I have been in it the worst since the 1930s. Actually, in can go in, gobble them up, and do away together for a long time—he is going to 1980, there were approximately 4,590 with our community banks. These the police academy. He is starting the State and federally chartered savings community banks, some of them told police academy. He is starting a new and loans institutions with total assets me they voted not to get them. The career because he cannot make a living of over $616 billion. Let’s see, between gentleman from Texas, they voted not doing what he’s doing. 1980 and 1983, 118 S&Ls with 43 billion to take the TARP money. The Federal We need to wake up and to realize in assets failed. regulators came in and said, you need that if we are going to clear the wreck, Things were going badly in this coun- to take the TARP money. And then if we are going to unfreeze this credit try. Banks, S&Ls failing, S&L crisis, they applied for it and couldn’t get it. market, these lending institutions need all kinds of things that had been built We have got to stop this nonsense, and to be accountable to us, the taxpayers, up, ready to start happening during the we need to let the free market work. It and make sure that they are taking 1970s and in the early 1980s that began will work. this money and doing what they are happening. Were it not for the fore- supposed to do with it and not just pay- sight to have tax cuts, stimulate the b 1330 ing their top dogs, their bigwigs, all economy, then things never would have It has worked. It will work again if this money going to the resorts, spon- turned around, but Ronald Reagan did we will just quit muddying the water. soring championship football games, a good job of doing that. Now I hear about this new stimulus buying banks in China for $6 billion, Now, as my friend, Mr. WESTMORE- package that the President-elect is but they are lending the money out. LAND, read the quote, the Fed is print- going to come up with. He is going to I don’t care if you have got a credit ing money. They are printing money create about 3 million jobs, and I heard rating of 835, you are not going to be like crazy. There are consequences to today on the news, before I came over able to borrow a dime, because they are doing that, for those of us that really here, of 1.2 trillion, which means that afraid. They don’t want to lend it, and believe so many solutions can be found each one of these jobs is going to be they are saving this money to help in history, because you can go back about $400,000. their balance sheets. This is no way to historically. Now, I don’t know about you, but run a railroad. As Solomon said, there is nothing that’s pretty expensive for the tax- It’s not the intention that this Con- new under the sun. There is new tech- payers to create 3 million jobs at gress had. We need to do something to nology, but there are not new issues. $400,000 apiece. I would think that we make these people that are receiving These things have all been tried and might create, with that kind of money, this TARP money accountable. We failed, succeeded. So you go back and we might create a lot more jobs than need to make them go back and correct you say, okay, this is what was done that at $200,000 apiece, twice as many the bad loans that they made and to this year, that failed. This was done jobs. In fact, I know a lot of people make sure that the everyday guy out here, that succeeded. Let’s go over the today that would just love to have a there that’s furnishing this $700 billion things that succeeded. job. can have some type of benefit from it. And we have seen over and over that But the government creating jobs, With that, I appreciate you giving me if you want to create inflation, as we 600,000 new government jobs, that’s 50 the opportunity to do this. saw in the late 1970s and the very early percent of the people, exclusive of the Mr. GOHMERT. Thank you, Mr. 1980s, just print money like the Fed is Postal Service, that we employ right WESTMORELAND, for participating. You doing now. We are very fortunate that now. We are fixing to employ 50 per- have made some great points. we haven’t hit a huge inflation rate in cent more people. You know I have talked to a number the last 2 months. And why would that Now, that’s great that we are cre- of builders there in east Texas, where I be? Well, back last summer, we were ating these jobs, but that means that represent, back in September. I know paying $4 a gallon for gasoline and now this 600,000 people are going to have to things were tough in a lot of places in many of us are paying $1.40, that kind continue to be paid every year and the country back in September, but the of thing, for gasoline. their insurance and their benefits. I am contractors were telling me they are We are very fortunate that the price telling you, we are going down a real doing okay, you know, it’s just not fan- of energy failed at a time when we were rocky road. tastic, but they are doing okay. printing money like crazy. But we can- I am glad that the President-elect As soon as we started hearing all the not keep doing that. To print $1.2 tril- has realized that this economic situa- gloom and doom, I started to hear peo- lion over the next 2 years will dev- tion that we are facing in our country ple say, you know, we were going to astate this country with inflation. We

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 267 are talking about the 1920s. For those here to be filed was a 2-month tax holi- b 1345 of you who remember your history, day bill. I filed it in December, and I My bill is funded by bringing that going back after World War I, Germany filed it again yesterday with this Con- $350 billion back into the Treasury. So, was in very, very difficult cir- gress. what did we learn historically from the cumstances. Their economy was a real It takes the 350 billion still remain- tax cuts that President John F. Ken- problem. They had elected officials, ing of the bailout bill, and section 4, nedy did, President Ronald Reagan did, they were trying to turn things around. it’s not a long bill, it just has 5 pages, and in 2003 President George W. Bush They thought they could print section 4, ‘‘Immediate Termination of did? We will just overlook the last 4 money and print their way out of their TARP Purchase Authority.’’ That is an months where we forgot our principles economic troubles. And some people re- important principle. It is time to end here in this administration. But you go member the illustration of people car- the authority that we gave to one per- back to those tax cuts, the economy rying wheelbarrows of money to the su- son, the Secretary of the Treasury, was stimulated. And each time the rev- permarket—wasn’t supermarkets back with all of this unfettered ability to enue into the Federal Treasury did not then—but to the market just to buy es- just squander money. decrease. It increased dramatically, be- sentials and food. I mean, the main restriction in there cause the economy went strong. That’s where this leads, when you was he couldn’t bail out central banks So there are two ways to raise rev- just keep unabatedly printing money, of foreign governments. But, basically, enue in this country. One is raising like is being done now, the inflation you read through the bill—and I am taxes, and then you have an immediate will come. It will devastate this coun- afraid there weren’t enough people that increase in tax dollars coming into the try. It is silly to be doing that when we did—and it just goes on and on as the Treasury, but the long-term effect re- know from history what happens. Secretary determines. peatedly we have seen it is to kill the If you really want to get scared, look I tried to point out to people, we economy. Or you can lower taxes and what happened in Germany in the 1920s have never, since we had a Constitu- immediately stimulate the economy, and going into the 1930s. The economy tion, given that kind of authority to and then as a result of the economy got so desperate because of all this in- one man. We should never give that being stimulated, then more tax dol- flation, they ended up electing a little kind of authority to one man. It was a lars than ever come in than even when guy with a funny mustache that was mistake. You don’t give unrestricted such a bigot and such a mean-spirited authority like that to just go out and you raise taxes. So it is all what you want to happen man, he devastated the planet. squander money. Israel is having difficulty now, hav- No matter which party is in power, it long-term for the sake of our children ing rockets fired on them each day doesn’t matter in this country, the and those to follow us, and that is why from the Gaza Strip from Hamas. Dur- principles that made us great, the prin- this bill says instead of the Treasury ing that little man with the mus- ciples that caused the signers of the Secretary squandering, it doesn’t use tache’s regime, over 6 million Jewish Declaration of Independence to pledge that term, of course, but that is what people were slaughtered. Why? Because their lives and their fortunes and cause has happened, squandering $350 billion, good people in Germany got desperate many of them to lose and give up their it allows the people who earned the because of inflation, and they elected a lives, their families’ lives, their com- money to keep it for two months. So, man who was going to help with their plete fortunes, was the principle that that is about $101 billion a month that economy, not realizing just how men- government does not need to have this individuals pay into the U.S. Treasury tally unbalanced the man was, and mil- kind of unrestricted authority. And yet in individual income tax. lions and millions and millions, the en- the market dropped 777 points, and all Now, we really need long-term tax re- tire world, suffered as a result. of a sudden people who knew our his- form. We need to drop the capital gains This Nation has been the defender of tory, knew the principles on which this rate, like Ireland did, to 12 percent, freedom around the world. This Nation Nation was founded, were all of a sud- which has really helped their economy. has been the most solid economy den ready to come rushing in here and I think their corporate tax rate is 11 around the world. The world depends give one man that kind of authority. percent, so businesses are flooding into on us to make good judgment in this George Washington, before the Con- Ireland. body. And when we fail, it’s not just stitution, December 27, 1776, was given I am sick and tired too of hearing those of us in this body that suffers, that kind of authority. He didn’t ask people say we will never get manufac- it’s the Nation, it’s the world that suf- for it. He hardly used any of it. He used turing jobs back into America. That is fers. his leadership to persuade the soldiers hogwash. Look around the world. Some It is so touching, and the older I get, to reenlist. That’s why the bill was of us went to China. What was the the more I turn into my late mother, passed December 27, 1776. number one reason industry was mov- who just got teary-eyed and emotional The Continental Congress knew if ing to China, they told us, why they about all kinds of things, it was deeply these guys don’t reenlist in January, moved their industry? Yes, they said touching to see all the children, we are all dead, and so will our families labor is cheaper, but we have better Madam Speaker, gathered up here be dead. So that’s why they passed the quality control back in the U.S. Our around the Speaker’s rostrum yester- bill giving Washington this unfettered workers produce better products back day as we were sworn in, cute children, authority to spend money. He used his in the U.S. But the corporate tax rate all races, both genders, just really leadership to persuade them to reen- is less than half of what it is here. neat, great, wholesome, bipartisan, list, even in that terrible winter. Lower the corporate tax rate. You will Democratic kids, Republican Members’ That’s leadership. see manufacturing jobs flood back into kids. But the thought that went But as Washington said, a people un- the United States. That is what it is all through my mind is, if we don’t change used to restraint must be led, they will about. our ways, these are the sweet little not be driven. And too often in Con- Some of them said, you know, they children that as adults will pay, lit- gress we try to drive people instead of cut us a deal on corporate tax rates in erally pay, for what we are doing. leading people. So that’s one part of China so we were able to build a brand We are running debt up on those lit- my 2-month tax holiday bill. It ends new facility with state-of-the-art tle kids that they should never have to the authority. equipment and it basically was paid for pay. For us to live now, that is so Now, Madam Speaker, people need to very quickly out of money we didn’t wrong. We need to be helping our chil- understand that in this bill, the bailout pay in corporate taxes, and now we are dren, not saddling them with more bill that was passed in September, competitive again because our aging debt, and that’s what an overzealous there was $700 billion appropriated. To factories in the U.S. were costing us, stimulus package will do. give another $350 billion, all he has to and now we are state-of-the-art. All That’s why yesterday the first bill do is file a plan, and we don’t vote for you have to do is lower the tax rate. that was laid down on the desk over 15 days. Jobs will instantly appear.

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 268 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Go after our own energy in this coun- actually what this very short, very ef- a bailout than those who have already try. We know the energy rates are ficient bill does is exactly what Presi- gotten money, and there becomes no going to come up, and we need to do dent-elect Obama promised would be good place to stop. something about it now to produce our done, with the exception it doesn’t Well, when you love someone and you own energy so that we are doing that have a $250,000 cap on it. see that they are getting addicted to and this inflation cycle doesn’t kill us. Now, there are those I know who are some substance, and as a judge I saw it, Going back to my 2-month tax holi- doing well and are able to live off the you see them getting addicted to some- day bill, it says as far as the tax cut dividend income and the interest in- thing, then it is time to have an inter- part, in the case of wages received for come, and that is harder, of course, diction and say I love you too much to services performed during the period after the stock market went down. And allow you to continue this addiction. beginning in the first full month after God bless those folks. I am thrilled to We are not going to let you have any the passage of this bill, the percentage death that you are in a position where more of that. of tax will be zero. you can live off of dividend and inter- Now, I was upset when we were talk- Now, I heard from some self-em- est income. I would like to see across- ing about an auto bailout, because I ployed people who said, well, it is not the-board complete tax reform. But knew the auto makers had been with- going to help me being self-employed. I under this bill, this does not give tax holding hold-back money, rebate work just as hard or harder than any- breaks for unearned income like inter- money, that they contractually owed one else, and yet I am not included. est and dividend. This is only for wages dealers. They were putting dealers in a Yet that is not accurate. That is in- earned during this time. bind just because they weren’t abiding cluded. It says clearly in the case of So if you are a hardworking Amer- by their own contracts. As I under- self-employment income for service ican, you are going to get a tax cut stand it, they have begun to catch up performed during the 2-month period, under this bill. It does exactly what on that, and that is appropriate. the percentage of tax will be zero. So President-elect Obama promised. For But to see then letters from major there will be no withholding during the anyone who pays any FICA, income banks who have gotten billions of tax 2-month period for income tax, there tax, for 2 months you get that tax dollars who are now saying we are not will be no withholding for FICA. break. going to be lending money for cars, we I have gotten good suggestions. Newt Now, it is so ironic that the bailout are not going to be lending money to Gingrich has been extremely helpful in bill was partly under the guise that we dealers anymore, even though they are suggestions and spreading the word, as are going to give all these billions or wonderful dealers, they have a good Jed Babbin and Neal Boortz and Steve hundreds of billions to banks so they business, it looks like they will stay in Morton, so many, many great thinkers can increase credit, make more loans, business for good, we are just not going have been helpful. so people can refinance their loans and to lend anymore, that is such an abuse But President-elect Obama promised finance into the new refinance money and 180 degrees from what was prom- that if you make less than $250,000, you what they are behind on so they don’t ised. will get a tax cut. Some of us have lose their homes. Now, some would say we should not been concerned when we give tax cuts Well, I have talked to people who say get the Federal Government into the to people that don’t pay taxes that if they could have their withholding business of telling lenders what to do that is not a tax cut, that is welfare. from their check in their check for 2 with their money, and I am one of Under this bill, the tax cuts go to peo- months, they can catch up. A lot of those. However, the danger that every ple that pay taxes. people fell behind last summer when bank should have been told by their at- There are, we know, people who do gas prices were $4 a gallon. They get torneys is, keep in mind if you take not pay income tax. They don’t make their withholding for a couple of Federal money, the Federal Govern- enough. They work hard, they earn a months. I have seen figures that esti- ment is going to have their hand in wage, but it is not enough to get to the mated if your family income, house- your business and they are going to level of paying income tax. They still hold income is in the $60,000 range, you tell you how to run it, because they are have FICA withheld from their check. could get $2,000 or $3,000 over that 2- a partner with you. And I happen to be- Under this bill, no FICA will be with- month period. So they could catch up lieve if we are going to put Federal held from their bill, and because the on the mortgage and you wouldn’t have money in something, we should have employee has no FICA taken out, then to borrow more money to catch up on restrictions and tell people like a bank the employer who is struggling to your mortgage. You could catch up. that this is what you can and can’t do. make sure they keep people employed I have had some people tell me, I Secretary Paulson did not do that. gets a 2-month holiday on paying FICA want to get out from under this gas- But my preference is don’t give away as well. guzzling car I have got, but when en- any more bailout money. Let’s let the Some have said, well, this will hurt ergy prices went up, the value of any people that earned it keep it and let people on Social Security. No, it won’t, car went so far down, now I owe more them decide who deserves to be bailed because it specifically says that, and on my car than it is worth, so I can’t out and who deserves to have their this is in section 3, funding of Social trade it in, because I don’t have a down products purchased. That is how a free Security trust funds is with repealed payment for another car. I would be market works. TARP funds. It is covered. The $350 bil- without a car, so I have to keep paying When you look back, you see that an lion doesn’t get to be doled out for bo- on this gas-guzzler. I would like to get open government is a good thing, a free nuses for the Nation’s wealthy who a more efficient car. market is a good thing. To my way of have mismanaged their banks or their This would allow those people to buy thinking, being such a student of his- firms and then reward themselves with a new car, a more efficient car. It is tory, it looks like from our founding bonuses. It doesn’t go there. It goes to good for everybody. documents the most important job the people who have earned it. So ev- But we come back to what I said ear- that we have as a Federal Government eryone who is working will get a tax lier: If people cannot buy cars, then it is to provide for the common defense. break. doesn’t matter how many trillions of Then, beyond that, this Federal Gov- Some have said, well, I would appre- dollars we give to the auto makers, ernment should create a level playing ciate having the withholding not taken they are going to still ultimately go field, punish cheaters, make sure ev- out for 2 months, that will really help out of business. And the trouble with erybody plays fairly, and then let them me for those 2 months, but it will hurt bailouts is once you start giving money play. That is what we need to be doing, me at the end of the year when I have to anybody, whether it is a bank, an in- and we have gone so far in excess of to pay that. They miss the point. There surance company, whoever, once you that. is no Federal tax for 2 months under start that process, you will always be This government, when I heard that this bill. Everybody gets a tax cut. So able to find someone more deserving of we were going to encourage a car czar,

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 269 I couldn’t believe it. I mean, we can’t to their children and their grand- licans, 8 Democrats, this bill was draft- even do a good job of designing our own children and to their constituents to ed by the Heritage Foundation, by the I.D. card. Can you imagine what we find a bipartisan way to address the Brookings Institution, supported by would do with cars? Good grief. We Nation’s looming financial crisis by in- David Walker, supported by David should not be in that business. cluding a mechanism to deal with the Broder, by David Brooks, by econo- So I would encourage people, Mr. underlying problem, what is now on mists all over the country, and then it Speaker, who believe that they would auto-pilot spending. If we don’t do this uses the language that is in the Base do a better job of spending their own in this Congress when we’re doing the Closing Commission that requires, be- money, to contact their Representa- stimulus, I think both political parties cause if you don’t require this institu- tive, contact their Senator, call the in this Congress, the 111th Congress, tion to act it will not act. It will find Capitol Hill operator and they can be will go down as the Congress that re- all the reasons it can to neglect it. It connected to their Representative, fused to deal with the fundamental will require it to act in 60 days. their Senators, and that would go a issues that are facing this country. So I say to my colleagues on this long way toward getting this bill to the There’s the Simon and Garfunkel side, if we’re going to deal with this floor and getting it passed. Because it song, The Boxer, that says ‘‘Man hears stimulus, we’d better have our own is not an issue of if the money will be what he wants to hear and disregards ideas and put up for a proposal, which spent, it is an issue of will the Treas- the rest.’’ I will do unless I’m tied and gagged, I ury Secretary squander it on your be- This Congress disregards the over- will offer a motion here to force us to half, or will you be able to use your whelming debt that we have faced in vote on this. own money to help get this economy this Nation. I have here, Mr. Speaker, And I say for the other side, I ask turned around. a bill issued by the Federal Reserve of you to do the same thing so we could Zimbabwe in July of last year. It’s $100 come together in a bipartisan way so f billion. $100 billion. It won’t even buy a when we leave this Congress we know REVIEWING THE NATION’S LONG- loaf of bread. Is this the future of our that we have truly dealt with the enti- TERM ECONOMY country? tlement issue and saved America for The SPEAKER pro tempore (Mr. And if this Congress, and let me just our children and our grandchildren and say to my colleagues on this side, if YARMUTH). Under a previous order of future generations. our party doesn’t deal with this issue, the House, the gentleman from Vir- f and they don’t deal with this issue ginia (Mr. WOLF) is recognized for 5 then, frankly, this Congress will go OUR ECONOMIC SITUATION AND minutes. down in Congress’ history as the Con- FOREIGN POLICY Mr. WOLF. Mr. Speaker, I have been gress that’s neglected to deal with The SPEAKER pro tempore. Under concerned about the financial future of these fundamental issues. the Speaker’s announced policy of Jan- our country for some time and in 2006 So many say, why a short-term stim- uary 6, 2009, the gentleman from Cali- introduced a bill to set up a national ulus simultaneously with this? Well, it fornia (Mr. SHERMAN) is recognized for commission to review our Nation’s takes two legs to walk. If we can dem- 60 minutes as the designee of the ma- long-term economy, including manda- onstrate that we are dealing with the jority leader. tory entitlement spending, discre- entitlement issue now, that may very Mr. SHERMAN. I will take much but tionary spending and tax policy. It is well get whatever short-term thing not all of this hour to speak. Roughly, bipartisan. We have well over 100 mem- we’re going to do to demonstrate that the first half of the presentation will bers from both sides of the aisle. we have the commitment to make it be on our economic situation. The sec- b 1400 work. ond half will focus on foreign policy. Isabel Sawhill, Senior Fellow at the I know that I have a number of col- The bipartisan Cooper-Wolf SAFE Brookings Institute, has likened the leagues that may have important proposal was similar to the commission situation in our country, she said, to things to say to this House, and if they proposal by Senator CONRAD and Sen- ‘‘termites in the woodwork, slowly come to the floor, I’ll be happy to yield ator Judd Gregg of New Hampshire, eroding our strength as a nation.’’ them a few minutes at a time that is would be bipartisan and a way to re- I recently read a speech by Richard convenient for them. view entitlement spending and force Fisher, President of the Federal Re- Even with this long speech, I will not the Congress to act. The commission serve Bank of Dallas; it’s called Storms be able to cover all the details that I’d has over 100 cosponsors during the last on the Horizon. It’s a sobering account like to provide to my colleagues. Congress. from a monetary policy point of view Therefore, I invite all my colleagues to We’ve all read, Mr. Speaker, the of why deficits matter. And it is fright- visit the relevant portion of my web stark figures of the 2008 Financial Re- ening. I put it in the CONGRESSIONAL page, bradsherman.house.gov for more port of the Federal Government. Even RECORD every day. I would hope Mem- of the details of the matters I’ll be dis- more telling is, during the month of bers of Congress could read it. cussing here. October and November, for the first 2 But what he said is doing deficit In talking about our economy, I will months of this fiscal year, the Federal math is a sobering exercise. It becomes divide my speech first to talking about Government piled up $401 billion in red an outright painful one when you apply matters relevant to the Financial Serv- ink, and we’re on a pace to surpass the your calculator to long-term fiscal ices Committee, on which I’ve served fiscal year 2008 deficit of 455; in 2 challenge posed by entitlement pro- for 12 years, and particularly the bill months almost we’re going to rival grams. Then he goes on to say that we known as TARP, or EESA, the Emer- that. are facing catastrophic conditions. Our gency Economic Stabilization Act, best And yesterday, President-elect children, our grandchildren, our con- known to the public as the $700 billion Obama predicted a $1 trillion deficit, stituents are facing a catastrophic con- bailout bill. he said, ‘‘for years to come.’’ dition if we don’t act. The second part of my economic pres- Now, does anybody really care? It Some people say we need regular entation will deal with the stimulus just seems that this institution con- order. Frankly, if we don’t do this in a package now being put together, par- tinues to go and do what it’s done in bipartisan way, 8 Republicans, 8 Demo- ticularly by the Committees on Appro- the past. In the past few days, numer- crats, similar to what we did on the priations and Ways and Means. ous sources have reported that the eco- Iraq Study Group, frankly, I think this Now, I was a critic and twice voted nomic stimulus is expected to cost $675 Congress will not have the courage, the against the $700 billion bailout bill, the billion, and some are saying up to $1 foresight, the ability to vote on these so-called TARP. The supporters of that trillion. issues to deal with it. bill will have to admit that it has not Mr. Speaker, whatever package is So what we are saying is a massive restored our economy as the pro- voted on, Congress has the obligation package up-or-down vote, 8 Repub- ponents had advertised, and, in fact,

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 270 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 some of the worst times for the econ- $0 to deal with whatever comes up in Treasury is receiving, including war- omy were the 2 to 3 weeks following its its last week or so in office. rants that represent the upside, the po- passage. In any case, I think, having seen tential profits of a company that is re- On the other hand, those of us who Paulson in action, the vast majority of ceiving bailed out funds. were critics should admit that the bill this House would believe that some- b 1415 has, frankly, cost the government far where between 95 percent and 100 per- less than I had anticipated. When I say cent of the second $350 billion, if it is We need public support for the enact- cost, I don’t mean just how much is made available to anyone in the execu- ment, and there is considerable public spent, but from that must be sub- tive branch should be made available skepticism. In talking to my col- tracted the value of the securities, the only to the Obama administration. leagues, I find very few who are enthu- bonds and the stock certificates re- I should point out something about siastic about releasing the second $350 ceived by the Federal Government. process. It would be best if any bill billion to the executive branch, and I In this case, Secretary Paulson mis- dealing with the second $350 billion was find, while most of my colleagues be- led this House and the other body by actually dealt with in regular order. lieve that we need a stimulus package, testifying that he would use the $700 Now, I’m not saying necessarily that there is real reluctance to adopt one as billion to buy toxic assets, bad bonds. every committee of possible jurisdic- large as that being recommended by so Had he done that, and all of us voting tion should do a full markup, but as we many prominent economists. We can on the bill had every reason to believe deal with this economic crisis, at least achieve that support in this House and that he was telling us the truth, had he the primary committee as to each bill in the public by being tough on those carried out that policy, then he would should have a markup so that Members who receive bailout funds. have bought, for the money he had can be heard, and the House can work Second, being tough on those obtain- spent, whether it’s the 350 billion he its will. ing bailout funds will help to limit the has spent so far or the 700 billion that In addition, I would hope that the number of people seeking to be bailed I feared he would spend, he would have Rules Committee would allow a reason- out. Not even the Federal Government spent that money in return for assets able number of amendments to be con- can afford to fund all of the bailouts of dubious value. That’s why they’re sidered on the floor. that will be demanded if executives see called toxic assets. In addition, I would hope that the Fi- the Federal Government as a source of In contrast, having misled the House nancial Services Committee would give easy and cheap money. and the other body, Secretary Paulson the same scrutiny to the financial in- Third, getting a good deal by tough bought preferred stock in the various stitutions who have received and are negotiations with anyone receiving a financial institutions. In doing so, he likely to receive additional bailout bailout will reduce the amount by was overly generous to Wall Street as monies as we gave to the executives of which we are increasing the Federal to the terms, but, nevertheless, he did the three automobile makers. deficit. We will be expending hundreds secure assets for the Treasury that are We need extensive hearings. We need of billions of dollars now. I’m just ad- of substantial value. to bring the titans of Wall Street down, dressing the $700 billion piece that is Paulson’s shift, frankly, was right and we need to have these hearings at half completed. There will be other ex- along the lines that many of us who both the full committee and the sub- penditures. We need to reassure our are critics of the bill had urged him to committee level. children, and we need to reassure the adopt. And so those who supported the We do not want to give further cre- international markets that we are act- bill, those who are critics of it, must dence to the accusation that Congress ing responsibly to minimize the in- both recognize that what the Treasury and the administration have two stand- crease in the Federal deficit. has done so far is far different from ards for scrutinizing bailout requests, Now, some of the expenditures being what all of us believed would, in fact, one for those who shower before work made out of the TARP funds are going be the policy. and a more severe standard for those to be money lost forever. It’s going to Now, we see that $350 billion has been who must shower after work. We be buying assets that turn out to be expended by the Treasury, and another should have at least the same amount worthless or investing in companies $350 billion remains unspent. I am of scrutiny to an industry that has al- that go bankrupt. That is why we need pleased that the Secretary of the ready received the bulk of $350 billion a very large upside on those of our in- Treasury has not yet taken the proce- as we provided to an automobile indus- vestments that are successful. Typi- dural actions to release and give him- try that is requesting amounts less cally, the Federal Government obtains self control of the remaining $350 bil- than 5 percent of that amount. an upside by obtaining warrants from lion. Now, what should we provide in the the companies it provides bailout funds It is my understanding that leader- way of restrictions to those who obtain to. These allow the taxpayers to reap ship will bring to this House a bill that bailout funds or retain the bailout the benefits of a company’s success will release the $350 billion to the funds they have already received? when it returns to profitability and Treasury and will impose additional Federal dollars should be expended to when that profitability is reflected in conditions. And I’d like to take a few bail out private interests only on the its stock price. minutes to address what I think ought toughest terms. Taxpayers should de- I believe that, in the negotiations to be in that bill. mand the highest yield, the largest eq- with Wall Street, Secretary Paulson First, is the issue of whether any of uity upside, the strictest limits on ex- has been far too generous to his friends the funds to be released, any of that ecutive compensation and perks. Even in the financial services industry. second $350 billion, will be available to when we bail out individual home- Given the tremendous risks the Fed- the Bush administration. Last month I owners rather than big time executives eral Government is assuming, tax- wrote the chairman of the Financial and shareholders of major companies, payers should be receiving far more of Services Committee saying that we the Treasury should get a large share the upside in return for their invest- should have limits on the amount that of the profit that they earn when they ments. could be spent by the Bush administra- sell their homes. For example, in the recent bailout of tion out of the second $350 billion. In Why is it so important that we are Goldman Sachs, the taxpayer received fact, I proposed that only $10 billion or tough on those who seek bailout funds? half the rate of return and one-sixth less be available to the Bush adminis- There are three important reasons. the warrants that investor Warren tration to deal with whatever exigen- First, being tough will increase support Buffett was able to receive on a similar cies it dealt with in its waning days. It for the program. The public is cur- investment that he made in Goldman is my understanding that the bill that rently focused on executive compensa- Sachs for his fund. will be brought before this House will tion and perks. I think it will soon The Emergency Economic Stabiliza- provide the Bush administration with focus on the value of the securities the tion Act gives the Treasury too much

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 271 discretion as to what to demand in the from companies, negotiated one at a vide exceptions for chartering planes to way of warrants. While the Treasury is time. In those circumstances, the law travel to remote areas, areas remote required to obtain warrants when it in- requires that he shall require that the from scheduled air service, and we jects capital into financial institu- financial institution meet appropriate should allow some sort of driver and tions, it can accept as few warrants as standards for executive compensation auto to be provided to those executives it likes. and corporate governance. who face severe physical challenges. The Treasury has adopted a one-size- What has Secretary Paulson done? We may also want to provide limits fits-all approach, which provides the He has allowed multimillion dollar on how much the company reimburses Federal Government with warrants bonuses to be paid to the executives of its executives per night for any hotel equal to 20 percent of its investment AIG. He has allowed million-dollar-a- room—a maximum amount of $500 when it buys preferred stock in a finan- month salaries to continue to be paid comes to mind—or per meal for any cial institution. Not even this 20 per- to executives of bailed-out Wall Street meal. Perhaps it should be $100 per cent is required by the statute, and firms. He has allowed all of those enti- meal. I hate to get down to this level of this 20 percent is often way too low be- ties to continue to operate fleets of pri- specificity, but Wall Street has proven cause those healthiest banks on Wall vate jets. Despite getting our money, that they will squander the money tax- Street were willing to give us 20 per- Goldman Sachs spent almost a quarter payers provide their firms on lavish cent. Clearly, the riskier banks on Wall million dollars a year to provide a limo parties and fancy travel if we are not Street that got bailout funds were not for one executive. This does not con- specific. adequately compensating the Amer- stitute appropriate standards for exec- It is possible that the auto bailout ican taxpayer for the risk we are tak- utive compensation and corporate gov- bill that passed this House will be used ing because they only provided 20 per- ernance, nor should Congress simply as a model for limiting executive com- cent warrants, a figure that might be punt to the executive branch what pensation and perks. If that’s the case, appropriate for those financial institu- those appropriate standards should be. we had better strengthen it first. We tions that are low risk. Instead, we should provide by law had better make clear that the limits The question is: What can we do in a that, if a company gets a Federal bail- on bonuses apply not just to cash bo- statute? Clearly, we hope that the next out, the firm must limit its total com- nuses but also to grants of stock op- Secretary of the Treasury will drive a pensation package to any executive to tions. We should limit the total com- tough bargain whenever investing our no more than $1 million per year for as pensation to $1 million a year, and we taxpayer dollars in private firms, but long as the firm is holding our money. should limit the use not just of leased we can do something in the statute. The limits should apply to the whole or of purchased luxury aircraft but also At a minimum, we should include package of compensation—salaries, bo- of chartered luxury aircraft. Finally, language that was in an early version nuses, pension plan contributions, and we should have appropriate limits on of the House bill dealing with the auto- stock options. In particular, a huge limousines. mobile relief that requires warrants of grant of stock options to an executive Let me point out that some of my at least 20 percent, and we should make at this time could be a bonanza—and colleagues have noticed that I was it clear that this 20 percent is a floor, an unjustified one—because right now tough on the auto executives who used not a ceiling. We should direct the Sec- all the stock prices of Wall Street their private jets to come to us the retary of the Treasury to demand war- firms are at depressed levels, and an first time. rants that fully compensate the tax- option given to an executive to buy One of those companies has told me payer for the risks being taken in any shares of stock for $1 or $2 a share very explicitly: ‘‘Sherman, the law particular deal. could turn out to be more valuable may say that we can’t own the jets; the Then we turn to the issue of execu- than a ton of winning lottery tickets. law may say we can’t lease the jets, tive compensation and perks. These are To the extent any existing contract but the law, as passed by the House, very important to taxpayers and are provides for executive compensation in says we can still charter the jets, and important in deterring those compa- excess of that which is allowed under our CEO is never going to fly commer- nies that don’t need a bailout from statute, I suggest that the bill provide cial.’’ coming to Washington in their private that that contract is void as against That’s fine unless that firm receives jets, hats in hand. public policy. bailout money. Once it does, we have Now, the bill, as interpreted by the Now, let us turn to perks. We should to limit it. We can’t play a shell game Bush administration, has allowed mul- limit luxury perks like corporate jets with the American people. Oh, we’ll timillion dollar salaries to continue to and chauffeured limousines. We should limit the luxury travel, and then just be paid to the very executives who prevent these while any firm is holding have the company charter the jet in- drove their companies into the ditch, taxpayers’ money. I’ll point out there stead of lease the jet. That would be a and the Bush administration has cho- are firms on Wall Street that got fraud on the American people. sen to impose no limits on perks. In money from Paulson that said, ‘‘Hey, There is one other important im- particular, the Bush administration we signed up for the money. We never provement that we need to make to the has ignored section 111(b) of the EESA, knew you were going to get tough with TARP bill. You see, after that bill also known as the TARP bill. us.’’ Fine. You don’t like the new passed, the Treasury adopted, as I men- That section states: Where the Sec- rules? Give us back our money; but if tioned before, a plan to buy preferred retary determines that the purposes of you retain taxpayer money, then you stock, in particular, of financial insti- the act are best met through direct should not, as Goldman Sachs has tutions. The next administration will purchases of troubled assets, the Sec- done, be paying a quarter million dol- probably use a good chunk of the retary shall require that the financial lars in a year for a chauffeured lim- money to go back to the original plan, institution meet appropriate standards ousine service for one executive. If the which was to buy bad bonds—toxic as- for executive compensation and cor- firm’s executives don’t want to take off sets—from the financial institutions. porate governance. their belts and their shoes and go Then we have to be worried. If we’re Virtually all of the $350 billion that through airport security like the pub- buying bad bonds, at least we should the Secretary of the Treasury has ex- lic does, then that firm should not re- buy bad bonds owned by American in- pended has been pursuant to his deter- ceive and should not retain a bailout, vestors. It is not the purpose of this mination that we could best be served and it probably doesn’t need one. bill to bail out banks in London and in through direct purchases of troubled For as long as those bailout funds are Riyadh and in Shanghai. assets. He has not done an auction, outstanding, we should prohibit firms I want to make a technical distinc- which was the main part of the bill he from owning, leasing or chartering lux- tion. I have no objection to our treat- was trying to sell to us. Instead, he has ury jets or from maintaining a fleet of ing as American companies such firms simply made direct purchases of assets chauffeured limousines. We should pro- as Hancock Insurance and Fireman’s

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 272 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Fund that happen to be owned by a for- perately needed by the small busi- increase in the deficit occasioned by eign parent. We should look at what nesses in our respective districts. the stimulus package. company is on American soil, and we Second, we need to increase the con- Now let’s talk about why the bill should provide appropriate bailouts to forming loan limit. The conforming must contain provisions so that the the companies on American soil, but loan limit is the size of the loan that stimulus is temporary and reversible. what we should not do is start bailing can be purchased by Fannie Mae and Self-reversing, in fact. out banks in Shanghai, London and Ri- Freddie Mac. Those are basically the Keynesian economics offers a simple yadh. only loans that are being made today. prescription for the difficult times Under the bill as we passed it from And the cost of housing differs tremen- we’re facing now. That is to say, easy this House, the Bank of China can sell dously from one region of the country money now and fiscal and monetary a portfolio of toxic assets to any U.S.- to another, even in these tough times austerity after the economy improves. headquartered entity whether it owns when of course in most regions prices How in good conscience can we vote that entity or not. It could be a small have gone down. for a massive economic stimulus now if branch that it owns in my State of Last year, we raised the conforming we believe that it is unlikely that Con- California or it could be some big bank loan limit to $729,750 for high cost gress will adopt austerity later? We in on Wall Street that it does not own, areas, but we allowed that increase to Congress love handing out money. We but the Bank of China can sell a port- expire effective on the first day of this know that. We love tax cuts, and tax folio of bad bonds to a U.S.- year. We need to restore that at 730, rebates, and tax holidays, and tax fies- headquartered entity on Monday, and perhaps raise it to 750. Now, this will tas, and benefit expansions, and sub- under the bill we passed, that entity not cause the Federal Government to sidies, and bailouts, and infrastructure projects, and aid to States, and aid to can sell those same bonds to the Treas- lose a penny because Fannie and cities and Rite Aid, Kool-Aid. We like ury on Tuesday. I call this the China Freddie actually make a profit on the larger loans. They suffer losses or have spending money. two-step. It is a mechanism by which Can we count on future Congresses to suffered losses on the smaller loans. we will end up bailing out the bad busi- discontinue and then reverse the fiscal One way we can help replenish the ness investments, not of U.S.-based expansion that is necessary today? money that Fannie and Freddie have companies, but bad bonds which are What I fear is going to happen is that lost is to allow them in high cost areas held in safes in Shanghai and in Lon- the advocates of fiscal responsibility— to do loans at the $750,000 level. That don. and I count myself among them—may can be so critical for some of our big Our new legislation should provide prevent Congress from giving us the cities where declines in house prices that the Treasury can only buy as- full level of economic stimulus that we sets—bad bonds, mortgages—proven to have so badly affected local economies. need now. I fear that the stimulus will Now let me turn my attention to the be held by a U.S. entity—whether it’s a not be as big and fast as we need now. stimulus bill, the bill that will basi- foreign-owned entity or not, an on-the- And simultaneously, I fear that the ad- ground, in-the-United States entity— cally be crafted by the Appropriations vocates of tax cuts and the advocates on September 20, 2008. and Ways and Means Committees. of free spending will prevent us from First, I want to approach the general b 1430 turning off the spigot later. principles that should be covered under To avoid this outcome, the stimulus We should only be buying the bad that bill, and then I want to comment package should be both temporary and bonds that were in safes located in on specific ideas that are being put for- self-reversing. The same statute which America on September 20, which is the ward in light of those principles. provides a huge amount of stimulus day that Paulson went public with the Mr. Speaker, this country faces the should also provide particular identi- need for a bailout bill. specter of depression. A deflationary fied tax increases and expenditure cuts Now, I look forward not only to re- cycle threatens a long period of eco- that will go into effect automatically forming the TARP bill but also using nomic contraction. We need an enor- in the year 2013. The statute could and that reform as an opportunity to pass mous immediate economic stimulus. should provide that those automatic other legislation within the jurisdic- But unless that stimulus is well de- provisions would be delayed if we failed tion of the Financial Services Com- signed, it may not pass Congress. Un- to achieve 3 percent economic growth mittee that can help deal with this eco- less it is well designed, it may not in the year 2012. nomic crisis. And I want to point out, achieve its objectives. And unless it is Now, of course I can’t know today first, things that we can do that won’t well designed, it may sow the seeds of what is the best budgetary policy for cost the treasury a penny, because be- a future disastrous decline in the value this country in 2013. We would have to fore we start spending trillions of dol- of the dollar. fine tune or change anything that we lars, we should say, ‘‘What can we do to So we have to make sure that the write today as 2013 approaches. But we get out of this mess that doesn’t cost stimulus bill is big and fast but also need to give the upper hand to those us anything?’’ tough, temporary, and self-reversing. who would advocate fiscal responsi- There are a couple of opportunities. What do I mean by ‘‘tough’’? As I bility after economic growth has re- First, we can increase the amount of have said, Federal dollars should be ex- sumed. business lending that can be made by tended to private interests only on the If austerity in 2013 is mandated by a credit unions. Right now, we limit toughest terms. And I have indicated statute that goes into effect, then the credit unions severely as to how much there are three reasons for that. advocates of fiscal responsibility will business lending they can do. We could, First, we’ve got to discourage every- have that upper hand and can nego- for the duration of this crisis, allow one from seeking a bailout or from be- tiate with our colleagues to make sure those credit unions to make those busi- lieving that they’re suckers for not that we get the kind of austerity that ness loans to small business: $100,000 seeking a bailout. should follow the fiscal expansion that loans, $150,000 loans. I’m only talking Second, we need to increase public we need now. Only if an economic stim- here about smaller loans to small busi- support for what will be a highly con- ulus proposal is tough, temporary, and nesses that need them. We need to tentious and difficult-to-pass stimulus self-reversing can we generate the po- allow businesses in all of our districts bill. It will be much easier for Members litical will necessary to adopt a pro- to get that $100,000 loan that they need to vote for such a bill if it provides the posal that’s big enough and fast to expand or even to stay in business. toughest terms to those who are re- enough. Only if stimulus measures are And it is just folly for us to take one of ceiving extraordinary Federal largess. temporary and self-reversing can we the healthy groups of financial institu- And finally, as I pointed out, by get- make sure that the actions we take tions in this country namely, the cred- ting warrants, by getting other securi- this month do not eventually lead to it unions, and tell them they can’t ties that give us a share of the upside, inflation, higher interest rates, a de- make the $100,000 loan that is des- we will be in a position to decrease the clining dollar, and an enormous and

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 273 permanent increase in the Federal But let us remember that a chunk of years that we have artificially divided debt. that money is going to go overseas. into 12-month periods. So saying that So these are the principles that I A third element is business tax you have to pay money on the taxes think should guide us with regard to breaks, and here we have to draw a dis- you made in 2007 but cannot get an im- particular elements of the stimulus tinction between those business tax mediate refund of those taxes when you bill. breaks, which we in the tax world call discover that really over the 2-year pe- Now let us look at particular pro- ‘‘timing differences,’’ and those that riod you’ve lost money is not con- posals. Are they efficient? Do they get are permanent tax reductions. sistent with good accounting theory. money into circulation quickly? Does What are the timing differences? We should allow net operating loss every dollar we spend or forego get into Timing difference is when you give carryback. the economy and get in quickly? somebody a deduction today that they The other thing is these net oper- Second, is the money spent for a good would otherwise get tomorrow anyway. ating loss deductions. They’re going to purpose? You have simply changed the year in be taken at some point. We might as Third, does the money stay in the which they get the tax reduction. well let them be taken now, and the ul- United States, or are we going to be There are two proposals on the table timate increase in the deficit is very spending money at the Federal level from the Obama transition team that small. that goes to simply finance our trade fit this bill. One of those is changing So those are two provisions that I deficit? the rules with regard to investments think will encourage business and will And finally, are the provisions tem- up to, I believe it’s a quarter million provide a lot more money in expendi- porary and self-reversing? dollars, to let smaller businesses write tures today than an ultimate increase First, let us talk about aid to States. this money off in the year in which in the deficit over a 5-year period. This is, I think, the most important they spend the money. In the absence So I look forward to working with element of the program because what of a special provision, they would have my colleagues on economic policy. I could be worse for an economy facing to capitalize that money and write it will have more details of what I’ve contraction than to see our police offi- off as the asset they purchased is used talked about on the Web page, cers and teachers being laid off by up, as the machinery wears out. bradsherman.house.gov. This is the be- State and local governments just when Well, we want to encourage busi- ginning of a dialogue on how to deal we need to keep people employed. nesses to invest now, and ultimately it with the greatest economic crisis that If we provide aid to States, what costs us little or nothing. Yes, we give we have faced in the lifetimes of all but about the efficiency? I think every them the deduction right now this the oldest Members of this body. State government is going to spend year, otherwise they would take it over FOREIGN POLICY that money effectively. Those States a period usually of 5 years. Why not At this point, Mr. Chairman, I’d like that don’t need it may choose to save give them the deduction now? The ulti- to focus on foreign policy and particu- it for the future, but there are very few mate increase in the deficit over 5 larly the Middle East. Again, I would of those. Will the money be put to good years is very small. point out that if there are colleagues use? Yes, to keep teachers and fire- that would like me to yield them a few b 1445 fighters and police officers on the pay- minutes and they happen to be on the roll and all on the job. Will the money Now, it is true that there’s a time floor, they need only get my attention. stay in the United States? One hundred value of money. Not getting tax dollars Now, I want to commend the Bush percent of it stays in the United today and getting them instead several administration for its support of Israel States. years from now, that used to be during this difficult period. Now, the And, of course, this would be tem- thought of as a cost to the Treasury be- press, as is often the case, is beating up porary. If we wanted, we could even cause you have to pay interest on the Israel due to its lack of understanding make it self-reversing. Most States are money the Federal Government bor- of what is happening and how to inter- not allowed to borrow money from the rows. But today the Federal Govern- pret it. Federal Government by their own con- ment is borrowing money for amaz- First, let us remember that over the stitutions, but what we could do is ingly low interest rates, some at the last several years Hamas has sent near- change the reimbursement formulas so rate of zero, and so the fact that we ly 7,000 rockets into Israel. That’s 7,000 that we take a bigger share of the Med- will get the tax dollars collected from times they have attempted murder. icaid budget than we do now and let businesses 2 or 3 years from right now, But the press would have you believe the States save money on that with the rather than immediately, scarcely in- that those attempts at murder don’t understanding that come 2013, not only creases the Federal deficit. count because most of them were un- does that formula go back to where it Another issue is net operating loss successful. This is absurd. The malice was, but it may even swing in the other carryforwards and carrybacks. These is demonstrated by the attempted mur- direction and be adverse to the States. are companies that made money during der, and I use the term ‘‘murder’’ ex- They could plan for this. This would the last 5 years. Now they’re losing plicitly here because every one of those be a way to make the proposal of State money in 2008 or they’re going to lose rockets was fired with only one inten- aid even self-reversing. But if it’s not money in 2009. Current tax law allows tion: kill Israeli civilians. Not a single self-reversing, it will be temporary. It them to write off those losses chiefly one of those rockets was targeted at will be efficient. It will be a good use of against money they make in 2011, 2012, anything military. The fact that they money, and the dollars will stay in the future years. We should allow these haven’t killed 7,000 Israelis does not re- United States. companies to carry it back, to use flect well on their morality. It may re- Second is the possibility of tax re- these net operating loss deductions flect poorly on their aim. bates to consumers. This is money that now to offset the taxes they paid in Second, and this is under-covered by will be well spent by America’s fami- prior years. the press, the United Nations has stat- lies who need it. But we cannot be sure First, I regard this as fair. Any ac- ed that roughly three-quarters of the that they will spend it. It may be counting theorist will tell you that the casualties in Gaza are of terrorists- saved, and we have to expect that of use of the 1-year accounting period is military, gun-toting, Hamas terrorists. the portion of it that will be spent, arbitrary, that companies make and This is a true tribute to the tactics much of it will be spent on foreign- lose money in cycles. Business cycles used by Israel because Israel has done made goods. So it may be important to often last many years, and so you can- everything possible to avoid civilian provide these rebates to consumers in not say that it is anything but artifi- casualties. Hamas has done everything our society. It will help keep the retail cial to say, well, you made money in possible to increase civilian casualties. economy going, keep our shopping cen- 2007, you lost money in 2008. No, you Again and again, they fire rockets from ters from going bankrupt, et cetera. made and lost money over a period of the middle of schools, from the middle

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 274 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 of hospitals, from the middle of resi- I encourage our colleagues to continue leaders and the experts who launch the dential neighborhoods. to support Israel, to continue to do missiles into Israel were trained in I mean, these people live very close what we can to make sure that the Iran. Iran also provides the group with to each other. Israel actually has the Israeli citizens remain safe against significant funding. It is unlikely that Gaza phonebook. They will call a house these heinous attacks by Hamas, by Hamas would have been able to achieve and say, We know military supplies are Hezbollah, by the Iranian people who its status as the premier Palestinian being stored there, we’re going to hit are funding both organizations. So we terrorist organization and thus pro- this house, you’ve got 10, 20 minutes to need to absolutely continue to support voke this crisis without Iranian back- leave. And what happens? Hamas forces Israel so that God will continue to sup- ing. civilians up to the rooftops. port America, and I congratulate my Iran-backed Hamas, like Iran-backed Perhaps one of the best-known exam- colleague for bringing this forward, and Hezbollah, shoots rockets at Israeli ci- ples is the highest level Hamas indi- I look forward to working with you to vilians from deep inside their own vidual to be killed by Israel. At his continue to support Israel. densely populated civilian population, home he stored rockets and Israel Thank you. knowing that when Israel acts to de- knew it. He announced publicly that he Mr. SHERMAN. I look forward to fend itself innocent Palestinians will wanted to be a martyr and that he, working with the gentleman from be among the victims. himself, would be at his home. And Georgia and thank him for his re- Israel called that home and said we marks. Through Hamas, Hezbollah and its want to avoid civilian casualties. We Any discussion of the morality of war operatives in Iraq, Iran and its govern- have to hit that home because we know sometimes gets off on what I think is a ment are able to stir up crises in the that rockets are being stored there, sidelight. People always want to criti- Middle East, thus injuring American you have time to leave. What did this cize this or that sergeant, this or that prestige while helping to achieve that Hamas leader do? He forced and gunner; oh, you shouldn’t have re- government’s own aims. brought together his four wives and sponded this way to rocks being We know that Iran is working hard their many children and insisted that thrown; oh, your attempt to return fire toward the possession of a nuclear he be allowed to die as a martyr and to a Hamas rocket site was off by 10 bomb. This would allow Iran to act that as many of his family members yards or 20 yards in the direction of a with impunity in the future. A nuclear would die as possible in order to in- civilian location. Iran would go from provoking this cri- crease civilian casualties. We have to remember, the moral re- sis to that crisis, and we would have to Now, it is well-known that Israel is sponsibility for war and for the deaths go face-to-face with a nuclear power, allowing trucks of supplies to get into of war cannot be placed at the feet of each time hoping, hoping for the same Gaza. This is usually known by press this or that sergeant making this or results we saw in the Cuban missile cri- critics who say Israel didn’t allow a re- that decision under life-threatening sis—that is to say, going eyeball-to- supply truck in at this particular hour; conditions. The moral responsibility eyeball with a hostile nuclear power they made the truck wait a couple of for war and for its casualties must be hoping we always have the same result, hours. Let us compare this to the wars placed on politicians who seek extreme namely, some peaceful resolution. we are most familiar with: World War I and unjust objectives through violent and World War II. means. b 1500 During each of those wars, Britain Here’s a case where Hamas has used its entire navy to cut off every earned its designation as a terrorist or- It only takes one crisis with a nu- German civilian from food imports and ganization. Not only does it use ter- clear power that goes in the wrong di- any other kind of import. And Ger- rorist means, but what are its objec- rection to destroy an entire city or an many deployed its submarines with the tives? They are stated very clearly. entire country. sole effort of depriving the British of They are for the death or expulsion of Furthermore, we should recognize the food imports they needed from every Jew from the Middle East. They that if the regime in Tehran ever finds chiefly the New World. refuse any change in that policy. So itself on the verge of collapse—and So, in the wars we’re most familiar whether it is genocide or ethnic cleans- many of us pray for that day—its lead- with, both the good and the bad side ing or more likely a combination of the ers may decide to go out with a bang. did everything possible to stop civilian two, these are the objectives of Hamas, Preventing Iranian nuclear posses- supplies from getting into Germany or being pursued by violent means. It is sion is critical to world peace, and we Britain. Compare that to an Israel that obviously the fault of the politicians of can still succeed in accomplishing that protects the trucks as they go in. Hamas who seek these objectives that goal, but we have to act quickly. The With that, I’d like to yield to the must be held responsible for the result- good news is we have used only 1 per- gentleman from Georgia (Mr. BROUN). ing carnage. cent of the tools that are available to Mr. BROUN of Georgia. I thank the We need a sustainable, permanent us, and therefore we can do a lot more. gentleman for yielding. I appreciate cease-fire, not a 2-day resupply truce to The bad news is we’ve used only about my Democratic colleague for bringing allow Hamas to bring in more rockets. 1 percent of the tools available to us. Now, I think it’s clear that this is this very important issue to the fore- We have demonstrated a lack of polit- not just a conflict between Israel and front, and I support your effort to do ical will to use the methods that we Hamas. It is a conflict between the so, and I trust that we across the aisle have to use to put pressure on the Ira- Government of Iran and the people of can continue to support Israel. nian regime. In the Torah, in the Old Testament of the United States. The fighting in Gaza the Bible, we read: Blessed is the Na- has demonstrated again that the ulti- Now, President-elect Obama has a tion that blesses Israel, and cursed is mate adversary of the United States strong record of working to put pres- the Nation that curses Israel. We as a and its allies in the Middle East is the sure on the Iranian regime. He voted Nation have been extremely blessed by Government of Iran. Hamas is a ter- for the Lautenberg amendment, which our creator, by God, and I believe a big rorist organization seeking the de- would have prevented U.S. oil compa- part of that, a huge part of that is be- struction of Israel in favor of an Is- nies from doing business with Iran cause we have blessed Israel and sup- lamic Palestinian State, but it is also through their foreign subsidiaries. And ported Israel. These people are under an Iranian proxy. As such, it is part of he authored a bill that would have en- attack by terrorists who consider Jew- a regional war waged by the Iranian re- couraged divestment from firms—chief- ish people dogs, less than human, and gime against the United States and its ly oil companies—doing business with we need to support Israel. allies. Iran. I highly congratulate my Democratic Many Hamas weapons are made in He will have the ability, when he colleague for bringing this forward, and Iran, and many top Hamas military takes office, to go a long way toward

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 275 increasing the price the Iranian Gov- life beginning at fertilization with the Ms. DeLauro, Mr. Moran of Virginia, Mr. ernment pays for its stance on the nu- creation of a human zygote, a one- Olver, Mr. Pastor, Mr. Price of North Caro- clear issue and its support for ter- celled human being. lina, Mr. Edwards, Mr. Kennedy of Rhode Is- rorism. First, he can stop U.S. oil com- As a physician, I understand the land, Mr. Hinchey, Ms. Roybal-Allard, Mr. Farr, Mr. Jackson of Illinois, Ms. Kilpatrick panies from using their overseas sub- medical and scientific truths that life of Michigan, Mr. Boyd of Florida, Mr. sidiaries from doing business with Iran. begins at fertilization. I also under- Fattah, Mr. Rothman, Mr. Bishop of Georgia, We should also do that by legislation. stand that the entire abortion debate Mr. Berry, Ms. Lee, Mr. Schiff, Mr. Honda, The administration can start enforc- rests on the decision of when life be- Ms. McCollum of Minnesota, Mr. Israel, Mr. ing the Iran Sanctions Act. We can de- gins. That’s why my bill, among other Ryan of Ohio, Mr. Ruppersberger, Mr. Chan- mand that the World Bank stop dis- things, says unequivocally that at the dler, Ms. Wasserman Schultz, Mr. Rodriguez, persing funds to Iran in the form of moment of fertilization, when this Mr. Lincoln Davis of Tennessee, Mr. Salazar. concessionary loans which have not spermatozoa enters the cell wall of the (2) COMMITTEE ON ARMED SERVICES.—Mr. Spratt, Mr. Ortiz, Mr. Taylor, Mr. Aber- been effectively opposed by the current oocyte and forms that one-celled crombie, Mr. Reyes, Mr. Snyder, Mr. Smith administration. We can deny nuclear human being, the zygote, that a human of Washington, Ms. Loretta Sanchez of Cali- cooperation agreements to countries life begins and must be protected under fornia, Mr. McIntyre, Mrs. Tauscher, Mr. that provide technologies to Iran. We law. Brady of Pennsylvania, Mr. Andrews, Mrs. can deny insurance to ships that carry As James Madison wrote in Fed- Davis of California, Mr. Langevin, Mr. cargo to Iran. And we can put eco- eralist 39, the form of our government Larsen of Washington, Mr. Cooper, Mr. Mar- nomic pressure on American foreign must be ‘‘reconcilable with the funda- shall, Ms. Bordallo, Mr. Boren, Mr. Ells- companies seeking to build liquefied mental principles of the revolution,’’ worth, Mr. Patrick Murphy of Pennsylvania, Mr. Johnson of Georgia, Ms. Shea-Porter, natural gas plants in Iran and those the American Revolution. First among Mr. Courtney, Mr. Loebsack, Mrs. Gillibrand, that sell refined petroleum—chiefly those principles is the right to life. If a Mr. Sestak, Ms. Giffords, Ms. Tsongas, Mr. gasoline—to Iran. nation will not protect the most inno- Nye, Ms. Pingree of Maine, Mr. Kissell, Mr. Now, while Iran is oil rich, it needs cent of human beings, who will we pro- Heinrich, Mr. Kravotil, Mr. Massa, Mr. to import nearly half its gasoline be- tect? Concerned citizens and law- Bright. cause it lacks refinery capacity. I’m makers must keep this fundamental (3) COMMITTEE ON ENERGY AND COMMERCE.— here to bring to the House’s attention principle in mind as we work fervently Mr. Dingell, Mr. Markey, Mr. Boucher, Mr. one recent success. The Indian press is to protect the rights of unborn chil- Pallone, Mr. Gordon of Tennessee, Mr. Rush, Ms. Eshoo, Mr. Stupak, Mr. Engel, Mr. Gene reporting that as a result of pressure dren. Green of Texas, Ms. DeGette, Mrs. Capps, Mr. that was initiated in the Congress, a When I was a full-time doctor prior Doyle, Ms. Harman, Ms. Schakowsky, Mr. major Indian petroleum refinery is to coming to Congress, I served on the Gonzalez, Mr. Inslee, Ms. Baldwin, Mr. Ross, halting its business dealings with Iran. board of directors for a crisis preg- Mr. Weiner, Mr. Matheson, Mr. Butterfield, I want to thank the several of my col- nancy center in inner-city Atlanta, Mr. Melancon, Mr. Barrow, Mr. Hill, Ms. leagues who joined with me in sending Georgia. We were fighting to save ba- Matsui, Mrs. Christensen, Ms. Castor, Mr. a letter to the U.S. Import-Export bies of underprivileged moms, many Sarbanes, Mr. Murphy of Connecticut, Mr. Bank to demand that EX-IM not pro- black moms in Atlanta. From a statis- Space, Mr. McNerney, Ms. Sutton, Mr. Braley of Iowa, Mr. Welch. vide loans to this particular Indian re- tical standpoint, more black babies are (4) COMMITTEE ON FINANCIAL SERVICES.—Mr. finery as long as the Indian refinery being killed proportionately through Kanjorski, Ms. Waters, Mrs. Maloney, Mr. was supporting Iran and providing it abortion than white babies, and we Gutierrez, Ms. Velazquez, Mr. Watt, Mr. Ack- with the gasoline it needs. were working to save those children. erman, Mr. Sherman, Mr. Meeks of New I look forward to being able to con- I’m using the tools that my constitu- York, Mr. Moore of Kansas, Mr. Capuano, vince Iranian elites that they face ents have blessed me with to protect Mr. Hinojosa, Mr. Clay, Mrs. McCarthy of other economic and diplomatic isola- life and give constitutional protections New York, Mr. Baca, Mr. Lynch, Mr. Miller tion if they continue their nuclear pro- to the innocent unborn. My bill, the of North Carolina, Mr. Scott of Georgia, Mr. gram and continue their support for Al Green of Texas, Mr. Cleaver, Ms. Bean, Sanctity of Human Life Act, gives Re- Mr. Moore of Kansas, Mr. Hodes, Mr. Ellison, terror, and there are many other ways publicans and Democrats alike who Mr. Klein of Florida, Mr. Wilson of Ohio, Mr. that we can achieve that objective. I cherish life an opportunity to protect Perlmutter, Mr. Donnelly of Indiana, Mr. invite my colleagues again to see more and defend the innocent and most de- Foster, Mr. Carson of Indiana, Ms. Speier, details at bradsherman.house.gov. fenseless among us. Mr. Childers, Mr. Minnick, Mr. Adler of New f We need to pass the Sanctity of Jersey, Ms. Kilroy, Mr. Driehaus, Ms. Kosmas, Mr. Grayson, Mr. Himes, Mr. Pe- SANCTITY OF HUMAN LIFE ACT Human Life Act. I encourage my col- leagues to get on this bill, support this ters, Mr. Maffei. (5) COMMITTEE ON TRANSPORTATION AND IN- The SPEAKER pro tempore. Under a bill, bring it to the floor for a vote, and previous order of the House, the gen- FRASTRUCTURE.—Mr. Rahall, Mr. DeFazio, stop killing these unborn children so Mr. Costello, Ms. Norton, Mr. Nadler of New tleman from Georgia (Mr. BROUN) is God will continue to bless America. York, Ms. Corrine Brown of Florida, Mr. Fil- recognized for 5 minutes. f ner, Ms. Eddie Bernice Johnson of Texas, Mr. Mr. BROUN of Georgia. Mr. Speaker, Taylor, Mr. Cummings, Mrs. Tauscher, Mr. I believe that there is no greater moral ELECTING MEMBERS TO CERTAIN Boswell, Mr. Holden, Mr. Baird, Mr. Larsen issue that America faces that is more STANDING COMMITTEES OF THE of Washington, Mr. Capuano, Mr. Bishop of important than the killing of 4,000 ba- HOUSE OF REPRESENTATIVES Utah, Mr. Michaud, Mr. Carnahan, Mrs. bies every day through abortion. God Napolitano, Mr. Lipinski, Ms. Hirono, Mr. Mr. LARSON of Connecticut. Mr. Altmire, Mr. Walz, Mr. Shuler, Mr. Arcuri, cannot and will not continue to bless Speaker, by direction of the Demo- America while we’re killing those inno- Mr. Mitchell, Mr. Carney, Mr. Hall of New cratic Caucus, I offer a privileged reso- York, Mr. Kagen, Mr. Cohen, Ms. Richard- cent unborn children. lution and ask for its immediate con- son, Mr. Sires, Ms. Edwards of Maryland, Mr. As we ring in the new year and begin sideration. Ortiz, Mr. Hare, Mr. Boccieri, Mr. Schauer, the 111th Congress, the need to protect The Clerk read the resolution, as fol- Ms. Markey of Colorado, Mr. Griffith, Mr. the unborn remains front and center in McMahon, Mr. Perriello, Ms. Titus, Mr. lows: the national political debate. Each Teague. year, in keeping with my promise to H. RES. 24 (6) COMMITTEE ON WAYS AND MEANS.—Mr. my constituents and many around the Resolved, That the following named Mem- Stark, Mr. Levin, Mr. McDermott, Mr. Lewis country that the first bill that I will bers be and are hereby elected to the fol- of Georgia, Mr. Neal of Massachusetts, Mr. lowing standing committees of the House of Tanner, Mr. Becerra, Mr. Doggett, Mr. Pom- introduce provides constitutional pro- Representatives: eroy, Mr. Thompson of California, Mr. tections to unborn children, today I’m (1) COMMITTEE ON APPROPRIATIONS.—Mr. Larson of Connecticut, Mr. Blumenauer, Mr. honored to introduce the Sanctity of Murtha, Mr. Dicks, Mr. Mollohan, Ms. Kap- Kind, Mr. Pascrell, Ms. Berkley, Mr. Crow- Human Life Act, H.R. 227, that defines tur, Mr. Visclosky, Mrs. Lowey, Mr. Serrano, ley, Mr. Van Hollen, Mr. Meek of Florida,

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.000 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 276 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 Ms. Schwartz of Pennsylvania, Mr. Davis of We stand in a bipartisan fashion with HOUSE OF REPRESENTATIVES, Alabama, Mr. Davis of Illinois, Mr. the people of Israel because if we in the OFFICE OF THE GENERAL COUNSEL, Etheridge, Ms. Linda T. Sa´ nchez of Cali- United States had missiles being fired Washington, DC, January 6, 2009. fornia, Mr. Higgins, Mr. Yarmuth. onto our innocent civilians from states Hon. NANCY PELOSI, Speaker, House of Representatives, Mr. LARSON of Connecticut (during across the border, we would move the reading). Mr. Speaker, I ask unani- Washington, DC. across the border and try to stop those DEAR MADAM SPEAKER: This is to notify mous consent that the resolution be terrorists from killing our people. you formally, pursuant to Rule VIII of the considered as read and printed in the That’s what Israel is doing. Rules of the House of Representatives, that I RECORD. Many of us on the Foreign Affairs have been served with a civil subpoena, The SPEAKER pro tempore. Is there Committee this morning met with the issued by the Superior Court for the District objection to the request of the gen- Israeli ambassador and we saw a tape of Columbia, for the production of docu- tleman from Connecticut? where Israel takes great precaution to ments. After consultation with the Office of Gen- There was no objection. try to prevent civilian casualties. But The resolution was agreed to. eral Counsel, I will make the determinations what Hamas does is it builds its bomb required by Rule VIII. A motion to reconsider was laid on factories and it builds its terror weap- Sincerely, the table. ons in the heart of the densely popu- DANIEL P. BEARD, f lated areas of Gaza and uses its own Chief Administrative Officer. IN SUPPORT OF ISRAEL people as human shields. And so when f the Israelis destroy these missile-mak- LEAVE OF ABSENCE The SPEAKER pro tempore. Under a ing and bomb-making terror factories, previous order of the House, the gen- innocent civilians very unfortunately By unanimous consent, leave of ab- tleman from New York (Mr. ENGEL) is get killed. But it is the Palestinians sence was granted to: recognized for 5 minutes. that support Hamas. It’s the Hamas or- Mr. BOUCHER (at the request of Mr. Mr. ENGEL. Mr. Speaker, I rise this ganization that is responsible for these HOYER) for January 6 after 3:30 p.m. on afternoon in support of the beleaguered killings. Israel has an absolute right to account of family illness. people of the State of Israel. I rise in defend itself. f support of the only democracy in the Now, we all want a cease-fire. We all SPECIAL ORDERS GRANTED Middle East. I rise in support of the want peace in the region. And we all country in the Middle East that has know that ultimately peace will come By unanimous consent, permission to the same values that our great coun- when there is a two-state solution, an address the House, following the legis- try, the United States of America, has, Israeli Jewish state and a Palestinian lative program and any special orders principles of democracy and principles Arab state. The problem is most heretofore entered, was granted to: that are so important to every man, Israelis do accept the fact that there (The following Members (at the re- woman and child. ought to be a Palestinian state, but the quest of Mr. SHERMAN) to revise and ex- The people of Israel have for 60 years Palestinians, Hamas, does not accept tend their remarks and include extra- been vilified by undemocratic powers the viability of Israel as a Jewish neous material:) and by powers that would wish to de- state. Mr. LANGEVIN, for 5 minutes, today. stroy it. For the past several years, day And so let’s put things in perspective Mr. ENGEL, for 5 minutes, today. in and day out the people of Israel have here. If you have people that want to Ms. NORTON, for 5 minutes, today. had to endure rocket attacks coming destroy you and want to kill you and Ms. WOOLSEY, for 5 minutes, today. from the terrorist organization that don’t recognize your right to exist, how Ms. KAPTUR, for 5 minutes, today. runs Gaza called Hamas. Israel is sup- can we have peace in the region? (The following Members (at the re- posed to just accept these attacks on We ought to note that Israel pulled quest of Mr. POE of Texas) to revise and its citizens and do little or nothing out of Gaza several years ago and left extend their remarks and include ex- about it if you would listen to the Gaza to the Palestinians. And what did traneous material:) United Nations, if you would listen to it get in return? It got missiles fired on Mr. POE of Texas, for 5 minutes, Jan- the international community, if you its citizens in Syrot and other places in uary 14. would listen to these hypocritical dem- return for Israel leaving Gaza. The Pal- Mr. FRANKS of Arizona, for 5 minutes, onstrations going on in London and all estinians used to say, well, it’s the oc- January 8. the Arab capitals and everyplace else, cupation, that’s what drives every- Mr. JONES, for 5 minutes, January 14. and even some in the United States. thing. What occupation is there in (The following Members (at their own Every country, every government’s Gaza? There is none. Israel has left request) to revise and extend their re- primary responsibility is to protect its Gaza. And the people of Gaza could marks and include extraneous mate- citizens, and the people of Israel and have built a democratic government rial:) the Government of Israel should not be living in peace with its neighbors; in- Mr. KENNEDY, for 5 minutes, today. held to any other standard than that. stead, they chose to embrace terrorism Mr. ROGERS of Alabama, for 5 min- The terrorist organization that runs and try to kill as many Israelis as they utes, today. Gaza called Hamas, bought and paid for can. Mr. WOLF, for 5 minutes, today. by Iran, thinking that it can use ter- So, in conclusion, Mr. Speaker, let f rorism as a way of somehow getting its me say that support for Israel in this ADJOURNMENT state, must understand that in order to Congress is strong and it is bipartisan gain acceptance of nations in the free and will remain so because we under- Mr. ENGEL. Mr. Speaker, I move world, that it needs to renounce terror, stand that the democratic nation of that the House do now adjourn. that it needs to recognize Israel’s right Israel has a right to exist, and the gov- The motion was agreed to; accord- to exist, and that it needs to abide by ernment of Israel has a right to protect ingly (at 3 o’clock and 14 minutes all previous resolutions that were its citizens. p.m.), the House adjourned until to- signed by the Palestinian Authority. It f morrow, Thursday, January 8, 2009, at doesn’t do it because it’s a terrorist 10 a.m. COMMUNICATION FROM THE CHIEF state. It doesn’t do it because its vow is f to destroy the Jewish State of Israel. It ADMINISTRATIVE OFFICER OF doesn’t do it because, like Hezbollah THE HOUSE EXECUTIVE COMMUNICATIONS, and like Osama bin Laden and like al The SPEAKER pro tempore laid be- ETC. Qaeda, it thinks it can use terrorism to fore the House the following commu- Under clause 8 of rule XII, executive establish its aims and goals, but it can- nication from the Chief Administrative communications were taken from the not. Officer of the House of Representatives: Speaker’s table and referred as follows:

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6. A letter from the Congressional Review 18. A letter from the Assistant Chief Coun- LATTE, Ms. GRANGER, Mr. GRAVES, Coordinator, Department of Agriculture, sel for General Law, Department of Trans- Mr. GUTHRIE, Mr. HALL of Texas, Mr. transmitting the Department’s final rule — portation, transmitting the Department’s HASTINGS of Washington, Mr. HELL- Importation of Cattle from Mexico; Addition final rule — Pipeline Safety: Polyamide-11 ER, Mr. HERGER, Mr. HOEKSTRA, Mr. of Port at San Luis, AZ [Docket No.: APHIS- (PA-11) Plastic Pipe Design Pressures [Dock- HUNTER, Mr. INGLIS, Mr. SAM JOHN- 2007-0095] (RIN: 0579-AC63) received January et No. PHMSA-2005-21305] (RIN: 2137-AE26) SON of Texas, Mr. JOHNSON of Illinois, 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to received January 5, 2009, pursuant to 5 U.S.C. Mr. JONES, Mr. JORDAN of Ohio, Mr. the Committee on Agriculture. 801(a)(1)(A); to the Committee on Transpor- KINGSTON, Mr. KIRK, Mr. KLINE of 7. A letter from the Secretary, Department tation and Infrastructure. Minnesota, Mr. LAMBORN, Mr. LATTA, of the Navy, transmitting notification of an 19. A letter from the Divison Chief, Divison Mr. LEWIS of California, Mr. LINDER, increase in the Average Procurement Unit of Legislation and Regulations, Department Mr. LOBIONDO, Mr. LUCAS, Ms. Cost (APUC) for the H-1 Upgrades Program of Transportation, transmitting the Depart- LUMMIS, Mr. DANIEL E. LUNGREN of that exceeds the current Unit Cost Report ment’s final rule — America’s Marine High- California, Mr. MACK, Mr. MANZULLO, (UCR) baseline estimate by at least 15 per- way Program [Docket No.: MARAD-2008 0096] Mr. MARCHANT, Mr. MCCAUL, Mr. cent, pursuant to 10 U.S.C. 2433; to the Com- (RIN: 2133-AB70) received January 5, 2009, MCCLINTOCK, Mr. MCHENRY, Mr. mittee on Armed Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- MCHUGH, Mr. MCKEON, Mr. MICA, Mr. 8. A letter from the Chairman, Securities mittee on Transportation and Infrastruc- MILLER of Florida, Mrs. MILLER of and Exchange Commission, transmitting the ture. Michigan, Mr. MORAN of Kansas, Mr. Commission’s report and recommendations 20. A letter from the Trial Attorney, Fed- TIM MURPHY of Pennsylvania, Mr. pursuant to Section 133 of the Emergency eral Railroad Administration, transmitting PAUL, Mr. PETRI, Mr. PITTS, Mr. Economic Stabilization Act of 2008; to the the Administration’s final rule — Adjust- PLATTS, Mr. POSEY, Mr. PUTNAM, Mr. Committee on Financial Services. ment of Monetary Threshold for Reporting REHBERG, Mr. REICHERT, Mr. ROYCE, 9. A letter from the Acting Assistant Sec- Rail Equipment Accidents/Incidents for Cal- Mr. ROHRABACHER, Mr. SCALISE, Mrs. retary Energy Efficiency and Renewable En- endar Year 2009 [FRA-2008-0136] received Jan- SCHMIDT, Mr. SCHOCK, Mr. SENSEN- ergy, Department of Energy, transmitting uary 5, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); BRENNER, Mr. SHADEGG, Mr. SHIMKUS, the Department’s Annual Report on Federal to the Committee on Transportation and In- Mr. SHUSTER, Mr. SIMPSON, Mr. SMITH Government Energy Management and Con- frastructure. of Nebraska, Mr. SMITH of New Jer- servation Programs during Fiscal Year 2006, f sey, Mr. SMITH of Texas, Mr. SOUDER, pursuant to 42 U.S.C. 6361(c); to the Com- Mr. STEARNS, Mr. SULLIVAN, Mr. mittee on Energy and Commerce. PUBLIC BILLS AND RESOLUTIONS TERRY, Mr. THOMPSON of California, 10. A letter from the Assistant Legal Ad- Under clause 2 of rule XII, public Mr. TIAHRT, Mr. TIBERI, Mr. WAMP, viser for Treaty Affairs, Department of Mr. WESTMORELAND, Mr. WILSON of State, transmitting Copies of international bills and resolutions were introduced South Carolina, and Mr. WOLF): agreements, other than treaties, entered into and severally referred, as follows: H.R. 226. A bill to prevent the Federal by the United States, pursuant to 1 U.S.C. By Mr. MILLER of North Carolina (for Communications Commission from re- 112b; to the Committee on Foreign Affairs. himself, Ms. LINDA T. SA´ NCHEZ of promulgating the fairness doctrine; to the 11. A letter from the Assistant Secretary California, Mr. FRANK of Massachu- Committee on Energy and Commerce. Legislative Affairs, Department of State, setts, Mr. WATT, Mr. ELLISON, Ms. By Mr. BROUN of Georgia (for himself, transmitting weekly reports relating to LEE of California, Mr. COURTNEY, Mr. Mr. DEAL of Georgia, Mr. LINDER, Mr. post-liberation Iraq under Section 7 of the BLUMENAUER, Mrs. CHRISTENSEN, Ms. GINGREY of Georgia, Mr. WESTMORE- Iraq Liberation Act of 1998, Pub. L. 105-338 EDDIE BERNICE JOHNSON of Texas, Mr. LAND, Mr. KINGSTON, Mr. FLEMING, for the reporting period of October 15, 2008 BUTTERFIELD, Mr. GRIJALVA, Ms. Mr. LUCAS, Mr. ALEXANDER, Mr. through December 15, 2008; to the Committee JACKSON-LEE of Texas, Mr. SIRES, Mr. MCHENRY, Mr. BURTON of Indiana, on Foreign Affairs. CAPUANO, Mr. HINCHEY, Mr. GEORGE Mr. LAMBORN, Ms. FALLIN, Mr. 12. A letter from the Assistant Adminis- MILLER of California, Mr. STARK, Mr. HERGER, Mr. JONES, Mr. TERRY, Mr. trator, Environmental Protection Agency, JOHNSON of Georgia, Mr. DAVIS of FRANKS of Arizona, Mr. CARTER, Mr. transmitting the Agency’s 2008 competitive Alabama, Mr. VAN HOLLEN, Ms. SAM JOHNSON of Texas, Mr. INGLIS, sourcing report, pursuant to Public Law 108- WASSERMAN SCHULTZ, Mr. COHEN, Ms. Mr. FORBES, Mr. HUNTER, Mr. 199, section 647(b); to the Committee on EDWARDS of Maryland, and Mr. LEWIS WITTMAN, Mr. HENSARLING, Mr. Oversight and Government Reform. of Georgia): WAMP, Mr. AKIN, Mr. KLINE of Min- 13. A letter from the Postal Regulatory H.R. 225. A bill to amend title 11 of the nesota, Mr. KING of Iowa, Mr. MAN- Commission, Postal Regulatory Commission, United States Code with respect to modifica- ZULLO, Mr. BISHOP of Utah, Mrs. transmitting the Commission’s Report on tion of certain mortgages on principal resi- SCHMIDT, Mr. WILSON of South Caro- Universal Postal Service and the Postal Mo- dences, and for other purposes; to the Com- lina, Mr. BOOZMAN, Mr. NEUGEBAUER, nopoly; to the Committee on Oversight and mittee on the Judiciary. Mr. ROGERS of Alabama, Mr. ROGERS Government Reform. By Mr. PENCE (for himself, Mr. WAL- of Kentucky, Mr. CONAWAY, Mr. MIL- 14. A letter from the Acting Administrator, DEN, Mr. UPTON, Mr. BOEHNER, Mr. LER of Florida, Mr. TIAHRT, Mr. BAR- Small Business Administration, transmit- CANTOR, Mr. MCCARTHY of California, RETT of South Carolina, Mr. RYAN of ting the Administration’s report on competi- Mr. MCCOTTER, Mrs. MCMORRIS ROD- Wisconsin, Mr. EHLERS, Mr. BART- tive sourcing for fiscal year 2008, pursuant to GERS, Mr. SESSIONS, Mr. DREIER, Mr. LETT, Mr. SCHOCK, Mr. GARRETT of Public Law 108-199, section 647(b); to the CARTER, Mr. PRICE of Georgia, Mr. New Jersey, Mr. ADERHOLT, Mr. ROO- Committee on Oversight and Government HENSARLING, Mr. ADERHOLT, Mr. NEY, and Mr. LATTA): Reform. AKIN, Mr. ALEXANDER, Mr. AUSTRIA, H.R. 227. A bill to provide that human life 15. A letter from the Chairman, Federal Mr. BACHUS, Mr. BARTLETT, Mr. BAR- shall be deemed to begin with fertilization; Election Commission, transmitting the Com- TON of Texas, Mr. BILBRAY, Mr. BILI- to the Committee on the Judiciary. mission’s final rule — Repeal of Increased RAKIS, Mr. BISHOP of Utah, Mrs. By Ms. JACKSON-LEE of Texas: Contribution and Coordinated Party Expend- BLACKBURN, Mr. BLUNT, Mr. BONNER, H.R. 228. A bill to direct the Secretary of itures Limits for Candidates Opposing Self- Mrs. BONO MACK, Mr. BOOZMAN, Mr. Veterans Affairs to establish a scholarship financed Candidates received January 5, 2009, BOUSTANY, Mr. BRADY of Texas, Mr. program for students seeking a degree or cer- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- BROUN of Georgia, Ms. GINNY BROWN- tificate in the areas of visual impairment mittee on House Administration. WAITE of Florida, Mr. BUCHANAN, Mr. and orientation and mobility; to the Com- 16. A letter from the General Counsel, Of- BURGESS, Mr. BURTON of Indiana, Mr. mittee on Veterans’ Affairs. fice of Justice Programs, Department of Jus- CALVERT, Mr. CAMP, Mr. CAMPBELL, By Mr. RYAN of Ohio (for himself and tice, transmitting the Department’s final Mr. CHAFFETZ, Mr. COBLE, Mr. COLE, Ms. SUTTON): rule — Public Safety Officers’ Benefits Pro- Mr. CONAWAY, Mr. CRENSHAW, Mr. H.R. 229. A bill to provide for the retention gram [Docket No.: OJP (BJA) 1468] (RIN: CULBERSON, Mr. DAVIS of Kentucky, of the name of Mount McKinley; to the Com- 1121-AA75) received January 5, 2009, pursuant Mr. DEAL of Georgia, Mr. LINCOLN mittee on Natural Resources. to 5 U.S.C. 801(a)(1)(A); to the Committee on DIAZ-BALART of Florida, Mr. MARIO By Mr. CARDOZA: the Judiciary. DIAZ-BALART of Florida, Ms. FALLIN, H.R. 230. A bill to prevent foreclosure of 17. A letter from the Office of Public Infor- Mr. FLAKE, Mr. FORBES, Ms. FOXX, home mortgages and increase the avail- mation, Supreme Court of the United States, Mr. FRANKS of Arizona, Mr. ability of affordable new mortgages; to the transmitting a copy of the embargoed 2008 GALLEGLY, Mr. GARRETT of New Jer- Committee on Financial Services. Year-End Report on the Federal Judiciary; sey, Mr. GERLACH, Mr. GINGREY of By Mr. BACA (for himself and Mr. to the Committee on the Judiciary. Georgia, Mr. GOHMERT, Mr. GOOD- WOLF):

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.001 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 278 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 H.R. 231. A bill to require certain warning Speaker, in each case for consideration of By Mr. GENE GREEN of Texas: labels to be placed on video games that are such provisions as fall within the jurisdic- H.R. 248. A bill to provide Capitol-flown given certain ratings due to violent content; tion of the committee concerned. flags to the families of deceased law enforce- to the Committee on Energy and Commerce. By Mrs. EMERSON: ment officers; to the Committee on the Judi- By Ms. BALDWIN (for herself, Mr. INS- H.R. 237. A bill to amend the Internal Rev- ciary. LEE, Mr. HOLT, and Ms. LEE of Cali- enue Code of 1986 to allow a refundable credit By Mr. GENE GREEN of Texas: fornia): to military retirees for premiums paid for H.R. 249. A bill to direct the head of a Fed- H.R. 232. A bill to provide for the creation coverage under Medicare Part B; to the Com- eral department or agency that is carrying of a Federal greenhouse gas registry, and for mittee on Ways and Means. out a project involving the construction of a other purposes; to the Committee on Energy By Mrs. EMERSON: culvert or other enclosed flood or drainage and Commerce. H.R. 238. A bill to amend title II of the So- system to ensure that certain child safety By Ms. BALDWIN (for herself, Mr. cial Security Act to provide for an improved measures are included in the project; to the POMEROY, Mr. ALEXANDER, and Mr. benefit computation formula for workers af- Committee on Oversight and Government WALZ): fected by the changes in benefit computation Reform. H.R. 233. A bill to amend the Federal anti- rules enacted in the Social Security Amend- By Mr. GENE GREEN of Texas: trust laws to provide expanded coverage and ments of 1977 who attain age 65 during the 10- H.R. 250. A bill to require the Surface to eliminate exemptions from such laws that year period after 1981 and before 1992 (and re- Transportation Board to consider certain are contrary to the public interest with re- lated beneficiaries) and to provide prospec- issues when deciding whether to authorize spect to railroads; to the Committee on the tively for increases in their benefits accord- the construction of a railroad line; to the Judiciary, and in addition to the Committee ingly; to the Committee on Ways and Means. Committee on Transportation and Infra- on Transportation and Infrastructure, for a By Mr. ENGEL (for himself and Mr. structure. period to be subsequently determined by the PAUL): By Mr. GENE GREEN of Texas: Speaker, in each case for consideration of H.R. 239. A bill to impose requirements H.R. 251. A bill to prevent the nondisclo- such provisions as fall within the jurisdic- with regard to border searches of digital sure of employer-owned life insurance cov- tion of the committee concerned. electronic devices and digital storage media, erage of employees as an unfair trade prac- By Ms. BERKLEY: and for other purposes; to the Committee on tice under the Federal Trade Commission H.R. 234. A bill to provide for the convey- the Judiciary, and in addition to the Com- Act, and for other purposes; to the Com- ance of the Alta-Hualapai Site to the Nevada mittee on Homeland Security, for a period to mittee on Education and Labor, and in addi- Cancer Institute, and for other purposes; to be subsequently determined by the Speaker, tion to the Committee on Energy and Com- the Committee on Natural Resources. in each case for consideration of such provi- merce, for a period to be subsequently deter- By Mr. BERMAN (for himself, Mr. sions as fall within the jurisdiction of the mined by the Speaker, in each case for con- MCKEON, Mr. GRIJALVA, Mr. CHAN- committee concerned. sideration of such provisions as fall within DLER, Mr. SIRES, Mrs. CAPPS, Mr. By Mr. GARRETT of New Jersey: the jurisdiction of the committee concerned. H.R. 240. A bill to amend the Internal Rev- ENGEL, Ms. DEGETTE, Mr. VAN By Mr. GENE GREEN of Texas: enue Code of 1986 to repeal the alternative HOLLEN, Mr. JOHNSON of Georgia, Mr. H.R. 252. A bill to provide that no more minimum tax on individuals; to the Com- KLEIN of Florida, Mr. WAXMAN, Mr. than 50 percent of funding made available mittee on Ways and Means. SHERMAN, Mr. PALLONE, Mr. under the Low-Income Home Energy Assist- By Mr. GENE GREEN of Texas: RODRIGUEZ, Ms. LINDA T. SA´ NCHEZ of ance Act of 1981 for any fiscal year be pro- H.R. 241. A bill to amend title 10, United California, Mr. KENNEDY, Mr. FILNER, vided for home heating purposes; to the Com- States Code, to require the amounts reim- Mr. TIERNEY, Ms. WOOLSEY, Mr. mittee on Energy and Commerce, and in ad- bursed to institutional providers of health REYES, Mr. MELANCON, Mr. dition to the Committee on Education and care services under the TRICARE program to RUPPERSBERGER, Mr. LEWIS of Geor- Labor, for a period to be subsequently deter- be the same as amounts reimbursed under gia, Mr. FARR, Mr. BURTON of Indi- mined by the Speaker, in each case for con- Medicare, and to require the Secretary of De- ana, Ms. HIRONO, Mr. ROTHMAN of sideration of such provisions as fall within fense to contract for health care services New Jersey, Mr. SPACE, Ms. MCCOL- the jurisdiction of the committee concerned. with at least one teaching hospital in urban LUM, Mrs. BIGGERT, Mr. PETRI, Ms. By Mr. HASTINGS of Florida (for him- areas; to the Committee on Armed Services. BORDALLO, Ms. SCHWARTZ, Mr. self, Ms. MATSUI, and Ms. CORRINE By Mr. GENE GREEN of Texas: LARSON of Connecticut, Mr. BROWN of Florida): H.R. 242. A bill to direct the Secretary of CARNAHAN, Mr. MCCAUL, Mr. HOLT, H.R. 253. A bill to direct the Election As- Labor to revise regulations concerning the Mr. CAPUANO, Mr. MICHAUD, Mr. sistance Commission to make grants to recording and reporting of occupational inju- MOORE of Kansas, Mr. HINCHEY, Mr. States to carry out election administration ries and illnesses under the Occupational BROWN of South Carolina, Ms. SUT- improvement plans; to the Committee on Safety and Health Act of 1970; to the Com- TON, Mr. KAGEN, Mr. MCCOTTER, Ms. House Administration. mittee on Education and Labor. SCHAKOWSKY, Mr. WILSON of South By Mr. ISRAEL: By Mr. GENE GREEN of Texas: Carolina, Mr. ORTIZ, Mr. STARK, Mr. H.R. 243. A bill to amend the National H.R. 254. A bill to change the date for regu- GEORGE MILLER of California, Mr. Labor Relations Act to require the arbitra- larly scheduled Federal elections and estab- BACHUS, Mr. GALLEGLY, Mr. HELLER, tion of initial contract negotiation disputes, lish polling place hours; to the Committee on Mr. DOGGETT, Mr. SCHIFF, Mr. HONDA, and for other purposes; to the Committee on House Administration. Mrs. TAUSCHER, Mr. BACA, Mr. YOUNG Education and Labor. By Ms. JACKSON-LEE of Texas (for of Florida, Mr. GENE GREEN of Texas, By Mr. GENE GREEN of Texas: herself, Mr. CULBERSON, and Mr. Ms. CORRINE BROWN of Florida, Ms. H.R. 244. A bill to provide for the security CUELLAR): EDDIE BERNICE JOHNSON of Texas, Mr. of critical energy infrastructure; to the Com- H.R. 255. A bill to require the Secretary of PAUL, Mr. WELCH, Mr. CARNEY, Mr. mittee on Energy and Commerce. the Treasury to mint coins in commemora- BILBRAY, Mr. BOUSTANY, Mr. WU, Mr. By Mr. GENE GREEN of Texas: tion of the 50th anniversary of the establish- CUELLAR, Mr. MATHESON, Ms. ZOE H.R. 245. A bill to preserve local radio ment of the National Aeronautics and Space LOFGREN of California, Ms. BERKLEY, broadcast emergency and other services and Administration; to the Committee on Finan- Ms. DELAURO, Mr. PATRICK MURPHY to require the Federal Communications cial Services. of Pennsylvania, Ms. HARMAN, Mr. Commission to conduct a rulemaking for By Ms. JACKSON-LEE of Texas: VISCLOSKY, Mr. ACKERMAN, Mr. that purpose; to the Committee on Energy H.R. 256. A bill to enhance Federal enforce- KUCINICH, Mr. FORBES, Mr. LANGEVIN, and Commerce. ment of hate crimes, and for other purposes; and Mr. MURPHY of Connecticut): By Mr. GENE GREEN of Texas: to the Committee on the Judiciary. H.R. 235. A bill to amend title II of the So- H.R. 246. A bill to amend the Immigration By Ms. JACKSON-LEE of Texas: cial Security Act to repeal the Government and Nationality Act to exempt elementary H.R. 257. A bill to prevent children’s access pension offset and windfall elimination pro- and secondary schools from the fee imposed to firearms; to the Committee on the Judici- visions; to the Committee on Ways and on employers filing petitions with respect to ary. Means. non-immigration workers under the H-1B By Ms. JACKSON-LEE of Texas: By Ms. GINNY BROWN-WAITE of Flor- program; to the Committee on the Judiciary. H.R. 258. A bill to prevent the President ida: By Mr. GENE GREEN of Texas: from encroaching upon the Congressional H.R. 236. A bill to amend the Congressional H.R. 247. A bill to amend section 1369 of prerogative to make laws, and for other pur- Budget Act of 1974 to protect Social Security title 18, United States Code, to extend Fed- poses; to the Committee on Oversight and beneficiaries against any reduction in bene- eral jurisdiction over destruction of vet- Government Reform. fits; to the Committee on Rules, and in addi- erans’ memorials on State or local govern- By Ms. JACKSON-LEE of Texas: tion to the Committee on the Budget, for a ment property; to the Committee on the Ju- H.R. 259. A bill to amend title 23, United period to be subsequently determined by the diciary. States Code, to establish national standards

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.001 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 279 for State safety inspections of motor vehi- period to be subsequently determined by the ommendations on the proper disposal of un- cles, and for other purposes; to the Com- Speaker, in each case for consideration of used pharmaceuticals, and for other pur- mittee on Transportation and Infrastruc- such provisions as fall within the jurisdic- poses; to the Committee on Transportation ture. tion of the committee concerned. and Infrastructure. By Ms. JACKSON-LEE of Texas: By Ms. JACKSON-LEE of Texas: By Mr. MILLER of North Carolina (for H.R. 260. A bill to authorize the Secretary H.R. 266. A bill to authorize the Secretary himself, Mr. CONYERS, and Ms. LEE of of Energy to make loan guarantees for cellu- of Homeland Security to establish a program California): losic ethanol production technology develop- to award grants to institutions of higher H.R. 277. A bill to provide an alternate pro- ment; to the Committee on Energy and Com- education for the establishment or expansion cedure for the prosecution of certain crimi- merce, and in addition to the Committee on of cybersecurity professional development nal contempts referred for prosecution by Science and Technology, for a period to be programs, and for other purposes; to the the House of Representatives, and for other subsequently determined by the Speaker, in Committee on Science and Technology, and purposes; to the Committee on the Judici- each case for consideration of such provi- in addition to the Committees on Education ary. sions as fall within the jurisdiction of the and Labor, and Homeland Security, for a pe- By Mr. MILLER of North Carolina: committee concerned. riod to be subsequently determined by the H.R. 278. A bill to ensure that Congress is By Ms. JACKSON-LEE of Texas (for Speaker, in each case for consideration of notified when the Department of Justice de- herself and Mr. THOMPSON of Mis- such provisions as fall within the jurisdic- termines that the Executive Branch is not sissippi): tion of the committee concerned. bound by a statute; to the Committee on the H.R. 261. A bill to provide that no Federal By Ms. EDDIE BERNICE JOHNSON of Judiciary. funds may be used by the Secretary of Home- Texas: By Mr. ORTIZ (for himself and Mr. land Security to approve a site security plan H.R. 267. A bill to amend the Internal Rev- GONZALEZ): for a chemical facility, unless the facility enue Code of 1986 to expand the availability H.R. 279. A bill to amend the Palo Alto meets or exceeds security standards and re- of the Internal Revenue Service’s Taxpayer Battlefield National Historic Site Act of 1991 quirements to protect the facility against Assistance Centers; to the Committee on to designate the historic site as the Palo acts of terrorism established for such a facil- Ways and Means. Alto Battlefield National Historical Park, to ity by the State or local government for the By Mr. JONES: expand the boundaries of the park, and for area where the facility is located, and for H.R. 268. A bill to amend title 10, United other purposes; to the Committee on Natural other purposes; to the Committee on Energy States Code, to ensure that every military Resources. and Commerce, and in addition to the Com- chaplain has the prerogative to close a pray- By Mr. PASCRELL: mittee on Homeland Security, for a period to er outside of a religious service according to H.R. 280. A bill to establish the Paterson be subsequently determined by the Speaker, the dictates of the chaplain’s own con- Great Falls National Historical Park, and for in each case for consideration of such provi- science; to the Committee on Armed Serv- other purposes; to the Committee on Natural sions as fall within the jurisdiction of the ices. Resources. committee concerned. By Mr. JONES: By Mr. ROSKAM: By Ms. JACKSON-LEE of Texas: H.R. 269. A bill to require the Department H.R. 281. A bill to authorize the Securities H.R. 262. A bill to prevent hate crimes, to of Defense to grant access to accredited and Exchange Commission to permit or re- provide support services for victims of hate members of the media when the remains of quire persons filing or furnishing informa- crimes, and for other purposes; to the Com- members of the Armed Forces arrive at mili- tion under the securities laws to make such mittee on the Judiciary, and in addition to tary installations in the United States; to information available on internet websites, the Committees on Ways and Means, Energy the Committee on Armed Services. in addition to or instead of including such and Commerce, Education and Labor, Over- By Mr. LATTA: information in filings with or submissions to sight and Government Reform, House Ad- H.R. 270. A bill to amend title 10, United the Commission, under such conditions as ministration, and Financial Services, for a States Code, to provide for continuity of the Commission may specify by rule; to the period to be subsequently determined by the TRICARE Standard coverage for certain Committee on Financial Services. Speaker, in each case for consideration of members of the Retired Reserve; to the Com- By Mr. SESTAK: such provisions as fall within the jurisdic- mittee on Armed Services. H.R. 282. A bill to prevent Members of Con- tion of the committee concerned. By Mr. LATTA: gress from receiving any automatic pay ad- By Ms. JACKSON-LEE of Texas: H.R. 271. A bill to amend the Internal Rev- justment in 2010; to the Committee on House H.R. 263. A bill to amend title 28, United enue Code of 1986 to increase the standard Administration, and in addition to the Com- States Code, to grant to the House of Rep- charitable mileage rate for delivery of meals mittee on Oversight and Government Re- resentatives the authority to bring a civil to elderly, disabled, frail and at risk individ- form, for a period to be subsequently deter- action to enforce, secure a declaratory judg- uals; to the Committee on Ways and Means. mined by the Speaker, in each case for con- ment concerning the validity of, or prevent a By Mr. MEEK of Florida (for himself sideration of such provisions as fall within threatened refusal or failure to comply with and Mr. CANTOR): the jurisdiction of the committee concerned. any subpoena or order issued by the House or H.R. 272. A bill to amend the Internal Rev- By Mr. SPACE (for himself, Mr. RYAN any committee or subcommittee of the enue Code of 1986 to provide incentives to en- of Ohio, Mr. WILSON of Ohio, Mrs. House to secure the production of docu- courage investment in the expansion of SCHMIDT, Mr. KUCINICH, and Ms. SUT- ments, the answering of any deposition or in- freight rail infrastructure capacity and to TON): terrogatory, or the securing of testimony, enhance modal tax equity; to the Committee H.R. 283. A bill to modify the boundary of and for other purposes; to the Committee on on Ways and Means. the Hopewell Culture National Historical the Judiciary, and in addition to the Com- By Mr. MEEK of Florida (for himself, Park in the State of Ohio, and for other pur- mittee on Rules, for a period to be subse- Mr. TIBERI, Ms. BERKLEY, and Mr. poses; to the Committee on Natural Re- quently determined by the Speaker, in each HERGER): sources. case for consideration of such provisions as H.R. 273. A bill to amend the Internal Rev- By Mr. SPRATT: fall within the jurisdiction of the committee enue Code of 1986 to modify the treatment of H.R. 284. A bill to direct the Secretary of concerned. qualified restaurant property as 15-year the Interior to complete a special resource By Ms. JACKSON-LEE of Texas: property for purposes of the depreciation de- study of the site of the Battle of Camden, H.R. 264. A bill to amend the Immigration duction; to the Committee on Ways and and for other purposes; to the Committee on and Nationality Act to comprehensively re- Means. Natural Resources. form immigration law, and for other pur- By Mr. WITTMAN: By Mr. THOMPSON of California (for poses; to the Committee on the Judiciary, H.R. 274. A bill to impose certain limita- himself, Ms. WOOLSEY, and Mrs. and in addition to the Committees on Home- tions on the receipt of out-of-State munic- TAUSCHER): land Security, and Oversight and Govern- ipal solid waste, and for other purposes; to H.R. 285. A bill to authorize the Secretary ment Reform, for a period to be subsequently the Committee on Energy and Commerce. of the Interior to create a Bureau of Rec- determined by the Speaker, in each case for By Mr. MEEK of Florida (for himself lamation partnership with the North Bay consideration of such provisions as fall with- and Mr. HERGER): Water Reuse Authority and other regional in the jurisdiction of the committee con- H.R. 275. A bill to repeal the imposition of partners to achieve objectives relating to cerned. 3 percent withholding on certain payments water supply, water quality, and environ- By Ms. JACKSON-LEE of Texas: made to vendors by government entities; to mental restoration; to the Committee on H.R. 265. A bill to target cocaine kingpins the Committee on Ways and Means. Natural Resources. and address sentencing disparity between By Mrs. MILLER of Michigan: By Mr. TURNER (for himself, Mr. RYAN crack and powder cocaine; to the Committee H.R. 276. A bill to direct the Administrator of Ohio, and Mr. AUSTRIA): on the Judiciary, and in addition to the of the Environmental Protection Agency to H.R. 286. A bill to amend the Dayton Avia- Committee on Energy and Commerce, for a convene a task force to develop rec- tion Heritage Preservation Act of 1992 to add

VerDate Mar 15 2010 12:35 Apr 22, 2011 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H07JA9.001 H07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 280 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 1 January 7, 2009 sites to the Dayton Aviation Heritage Na- struggle for universal freedom and human By Mr. LATTA: tional Historical Park, and for other pur- rights; to the Committee on Foreign Affairs. H. Res. 30. A resolution expressing the poses; to the Committee on Natural Re- By Ms. JACKSON-LEE of Texas: sense of the House of Representatives that in sources. H. Con. Res. 8. Concurrent resolution ex- order to continue aggressive growth in our By Mrs. EMERSON: pressing the sense of Congress that a com- Nation’s telecommunications and tech- H.J. Res. 6. A joint resolution proposing an memorative postage stamp should be issued nology industries, the United States Govern- amendment to the Constitution of the honoring Barbara Charline Jordan; to the ment should ‘‘Get Out of the Way and Stay United States relating to voluntary school Committee on Oversight and Government Out of the Way’’; to the Committee on En- prayer; to the Committee on the Judiciary. Reform. ergy and Commerce, and in addition to the By Mrs. EMERSON: By Ms. JACKSON-LEE of Texas: Committee on the Judiciary, for a period to H.J. Res. 7. A joint resolution proposing an H. Con. Res. 9. Concurrent resolution ex- be subsequently determined by the Speaker, amendment to the Constitution to provide pressing the sense of Congress that a com- in each case for consideration of such provi- for a balanced budget for the United States memorative postage stamp should be issued sions as fall within the jurisdiction of the Government and for greater accountability in honor of George Thomas ‘‘Mickey’’ Le- committee concerned. in the enactment of tax legislation; to the land; to the Committee on Oversight and By Mr. PRICE of North Carolina (for Committee on the Judiciary. Government Reform. himself and Mr. STEARNS): By Mrs. EMERSON (for herself and Mr. By Ms. JACKSON-LEE of Texas: H. Res. 31. A resolution expressing support BACHUS): H. Con. Res. 10. Concurrent resolution sup- for designation of January 28, 2009, as ‘‘Na- H.J. Res. 8. A joint resolution proposing an porting the observance of World Stroke tional Data Privacy Day’’; to the Committee amendment to the Constitution of the Awareness Day, and for other purposes; to on Energy and Commerce. United States authorizing the Congress and the Committee on Energy and Commerce, the States to prohibit the act of desecration and in addition to the Committee on Foreign f of the flag of the United States and to set Affairs, for a period to be subsequently de- PRIVATE BILLS AND criminal penalties for that act; to the Com- termined by the Speaker, in each case for mittee on the Judiciary. consideration of such provisions as fall with- RESOLUTIONS By Mr. GENE GREEN of Texas: in the jurisdiction of the committee con- Under clause 3 of rule XII, H.J. Res. 9. A joint resolution proposing an cerned. Mr. GENE GREEN of Texas introduced amendment to the Constitution of the By Mr. HOYER: a bill (H.R. 287) for relief of Enrique United States to abolish the electoral col- H. Res. 23. A resolution providing for the Soriano and Areli Soriano; which was lege and to provide for the direct popular attendance of the House at the Inaugural referred to the Committee on the Ju- election of the President and Vice President Ceremonies of the President and Vice Presi- diciary. of the United States; to the Committee on dent of the United States; considered and the Judiciary. agreed to. f By Ms. JACKSON-LEE of Texas: By Mr. LARSON of Connecticut: H.J. Res. 10. A joint resolution denouncing H. Res. 24. A resolution electing Members ADDITIONAL SPONSORS the practices of female genital mutilation, to certain standing committees of the House Under clause 7 of rule XII, sponsors domestic violence, ‘‘honor’’ killings, acid of Representatives; considered and agreed to. were added to public bills and resolu- burnings, dowry deaths, and other gender- By Mr. GENE GREEN of Texas: based persecutions, expressing the sense of H. Res. 25. A resolution expressing the sup- tions as follows: Congress that participation, protection, rec- port of the House of Representatives for the H.R. 16: Mrs. BLACKBURN, Mr. HALL of ognition, and equality of women is crucial to goals and ideals of National Internet Safety Texas, Mr. GENE GREEN of Texas, and Mr. achieving a just, moral and peaceful society, Month; to the Committee on Energy and GORDON of Tennessee. and for other purposes; to the Committee on Commerce. H.R. 31: Mr. SKELTON, Mr. WATT, Ms. Foreign Affairs. By Mr. GENE GREEN of Texas: CLARKE, and Mr. TIERNEY. By Mrs. MILLER of Michigan: H. Res. 26. A resolution expressing the H.R. 72: Ms. WATSON. H.J. Res. 11. A joint resolution proposing sense of the House of Representatives that H.R. 81: Mr. PALLONE and Mr. KING of New an amendment to the Constitution of the the United States Postal Service should York. United States to provide that Representa- issue a postage stamp commemorating Juan H.R. 104: Mr. GUTIERREZ, Mr. SCOTT of Vir- tives shall be apportioned among the several Nepomuceno Seguin; to the Committee on ginia, Mr. BOUCHER, Ms. BALDWIN, and Ms. States according to their respective num- Oversight and Government Reform. WASSERMAN SCHULTZ. bers, counting the number of persons in each By Mr. GENE GREEN of Texas: H.R. 109: Ms. GINNY BROWN-WAITE of Flor- State who are citizens of the United States; H. Res. 27. A resolution honoring the ac- ida. to the Committee on the Judiciary. complishments and legacy of Juan H.R. 111: Mr. COURTNEY, Mr. BRADY of By Mrs. EMERSON: Nepomuceno Seguin; to the Committee on Texas, Mr. SMITH of New Jersey, Mr. H. Con. Res. 4. Concurrent resolution ex- Oversight and Government Reform. KUCINICH, and Mrs. MILLER of Michigan. pressing the sense of Congress regarding the By Ms. JACKSON-LEE of Texas: H.R. 124: Mr. ROHRABACHER, Mr. POE of need to prevent the closure or consolidation H. Res. 28. A resolution expressing the Texas, Mr. BLUNT, Mr. ROYCE, Mr. BILBRAY, of post offices; to the Committee on Over- sense of the House of Representatives that Mr. MCCAUL, and Mr. MCCOTTER. sight and Government Reform. the Transportation Security Administration H.R. 137: Mr. CAMPBELL. By Ms. JACKSON-LEE of Texas: should, in accordance with the congressional H.R. 138: Mr. ROHRABACHER, Mr. POE of H. Con. Res. 5. Concurrent resolution ex- mandate provided for in the Implementing Texas, Mr. ROYCE, Mr. BILBRAY, Mr. MCCAUL, pressing that Congress has the sole and ex- Recommendations of the 9/11 Commission and Mr. MCCOTTER. clusive power to declare war; to the Com- Act of 2007, enhance security against ter- H.R. 140: Mr. CAMPBELL and Mr. ROHR- mittee on Foreign Affairs. rorist attack and other security threats to ABACHER. By Ms. JACKSON-LEE of Texas: our Nation’s rail and mass transit lines; to H.R. 143: Mr. BURGESS and Mr. WOLF. H. Con. Res. 6. Concurrent resolution ex- the Committee on Homeland Security. H.R. 144: Mr. FATTAH, Mr. CAPUANO, and pressing the sense of Congress that the Gov- By Mr. LATTA: Mr. MORAN of Virginia. ernment of Iraq should not grant blanket H. Res. 29. A resolution expressing the H.R. 146: Mr. FALEOMAVAEGA. amnesty to persons known to have attacked, sense of the House of Representatives that H.R. 156: Mr. KIND, Mr. LEE of New York, killed, or wounded members of the United any comprehensive plan to reform our na- Mr. PERRIELLO, Mr. MASSA, Mr. DONNELLY of States Armed Forces in Iraq; to the Com- tional energy policy must promote the ex- Indiana, and Mrs. BLACKBURN. mittee on Foreign Affairs. panded use of renewable and alternative en- H. Res. 18: Mr. GRIJALVA. By Ms. JACKSON-LEE of Texas: ergy sources; increase our domestic refining H. Res. 20: Mr. FORTENBERRY, Mr. SMITH of H. Con. Res. 7. Concurrent resolution ex- capacity; promote conservation and in- New Jersey, and Mr. MCCOTTER. pressing the sense of Congress that the peo- creased energy efficiency; expand research f ple of the United States should grieve for the and development, including domestic explo- loss of life that defined the Third Reich and ration; and, enhance consumer education; to PETITIONS, ETC. celebrate the continued education efforts for the Committee on Energy and Commerce, tolerance and justice, reaffirming the com- and in addition to the Committee on Science Under clause 3 of rule XII, mitment of the United States to the fight and Technology, for a period to be subse- 1. The SPEAKER presented a petition of against intolerance and prejudice in any quently determined by the Speaker, in each Platte County, relative to a resolution sup- form, and honoring the legacy of transparent case for consideration of such provisions as porting the NCLB Recess Until Reauthoriza- procedure, government accountability, the fall within the jurisdiction of the committee tion Act; which was referred to the Com- rule of law, the pursuit of justice, and the concerned. mittee on Education and Labor.

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HONORING LT. BENJAMIN BERGER THE ECONOMIC RECOVERY broad-based auto industry that has weakened THROUGH RESPONSIBLE HOME- considerably in this economy. Thousands of OWNERSHIP ACT AND THE COM- jobs have already been lost, and thousands HON. HOWARD L. BERMAN MONSENSE AUTO RECOVERY more are threatened. An effective and sustain- (CAR) ACT able way to boost the industry is to encourage OF CALIFORNIA Americans to get back to their local car deal- IN THE HOUSE OF REPRESENTATIVES HON. DAVID DREIER erships. Addressing the immediate challenges of the Tuesday, January 6, 2009 OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES weak housing and auto industries will provide Mr. BERMAN. Madam Speaker, I am hon- Tuesday, January 6, 2009 a quick boost to our economy. These are crit- ored to pay tribute to my very good friend, ical short-term steps that must be taken. In the Mr. DREIER. Madam Speaker, today I have long run, we must act on the need for funda- Lieutenant Benjamin Berger, a veteran of the introduced a trio of bills that focus on my top mental reform of our tax code to reduce the U.S. Navy. In honor of his courage, initiative legislative priority for the coming year: getting burden on families and businesses and sim- and devotion to duty, he was awarded the fol- our economy growing again. The centerpiece plify the tax-filing process. We cannot restore lowing decorations: Silver Star for heroism of this plan is the Fair and Simple Tax (FAST) our economy without both a short-term and during the Normandy invasion, and the Presi- Act. I introduced this legislation in the previous long-term view. I believe that this package of dential Unit Citation. On April 16, 2008, Lt. Congress, and it remains my long-term goal tax bills is a comprehensive approach to get- Berger was bestowed the title of ‘‘Chevalier’’ for economic revitalization. The FAST Act ting our economy back on a path of growth of the Legion of Honor by the President of the would dramatically simplify and reduce the tax and I look forward to working with my col- burden on Americans. By creating a simple, French Republic. leagues in a bipartisan way to achieve this one-page tax form that retains the child credit goal. Born in Chicago, Illinois in June 1920, Ben and all major deductions, like mortgage inter- f graduated from Sullivan High School and ob- est, it would make the annual tax filing night- tained his degree from Loyola University. After mare far more manageable. It would also im- THE GREEN SCHOOLS ACT OF 2009 working part time for the U.S. Postal Service, plement a host of additional tax reforms, such he was inducted into the U.S. Navy as an offi- as reducing the tax on capital gains and cor- HON. MARK STEVEN KIRK cer in December 1942. Following basic train- porate income, permanently extending the OF ILLINOIS ing in Chicago, he was shipped off as a com- R&D credit, and creating new incentives for IN THE HOUSE OF REPRESENTATIVES munications officer to the U.S. Amphibious long-term financial planning. Implementing the FAST Act, however, is a Tuesday, January 6, 2009 Force, 3rd Division and participated in the in- long-term goal. As we work toward com- Mr. KIRK. Madam Speaker, I am proud to vasions of North Africa and Sicily. prehensive reform, we must also pursue more stand here today to introduce legislation with In December 1943, he was assigned to immediate and targeted solutions to jumpstart Congressman CHRISTOPHER CARNEY (D-PA) England and trained as a fire control officer in our economy. That’s why I introduced two ad- which will provide healthier and more produc- support of the U.S. Rangers. On June 6, ditional pro-growth bills—aimed at the housing tive environments for students. 1944, he landed at Vierille with the Army industry and the auto industry. As energy prices soar and state budgets Ranger 2nd and 5th Battalions in one of D- The Economic Recovery Through Respon- shrink, schools around the country need more Day’s most dangerous assignments. Lt. sible Homeownership Act would create new assistance than ever to keep afloat. Congress tax incentives for responsible home pur- can provide a commonsense way to help Berger organized critical naval gunfire control chases. Those who make a down payment of schools achieve fiscal sustainability by helping support not only for his unit, but also for an- 5, 10 or 15 percent will get a tax credit of them to reach energy sustainability through other unit whose leadership had been dis- $2000, $5000 or $10,000 respectively. The energy efficient and other green improve- rupted during the landing chaos. His actions housing crisis is at the root of our economic ments. contributed to a successful assault on the im- crisis. We need to encourage new purchases According to the independent U.S. Green portant enemy gun emplacements above the to stabilize the market, stop the free-fall in Buildings Council which established a nation- cliffs at Point du Hoc and later the towns of prices and restore the communities that have ally recognized green school certification pro- Isigny and Grandcamp. Benjamin was sepa- been plagued by foreclosures. But because ir- gram, the LEED rating system, green schools rated from the U.S. Navy at Norfolk, Virginia in responsible homeownership and predatory on average save $100,000 per year. This is October 1945. lending are partly to blame for the crisis in the enough to hire two new teachers, buy 500 first place, only a plan that rewards respon- new computers or purchase 5,000 new text- Ben married his first wife, Florine Perlman, sible action will succeed. This bill accom- books. In fact, if all new school construction or in December 1941 and they had two children, plishes both objectives. school renovations went green, energy sav- Elise and Stephan. He retired from his position I have also introduced the Commonsense ings alone would total $20 billion over the next as Operations District Manager in Southern Auto Recovery (CAR) Act to provide a boost 10 years. California for Thrifty Drug Stores in 1981. He to our ailing auto industry, without resorting to Green schools also provide better environ- married his current wife Rae Polland, who is another bailout. The CAR Act draws on the ments for our children, improving student a lovely vivacious lady, served as senior intern same principle as my housing bill and creates achievement and health. Students at LEED in my district office. They were married in a tax credit for car purchases, equal to the certified schools perform 20 percent better on June 2002, and now reside in Valley Village, amount of the sales tax on the purchase. Any reading tests and 24 percent better on math California near their extended family. individual or small business owner is eligible tests than the average student. There are for the credit. This is an important component nearly 40 percent fewer asthma occurrences Madam Speaker and distinguished col- of my pro-growth plan because the auto indus- at green schools, contributing to the de- leagues, I ask you to join me in saluting Lieu- try touches so many parts of our economy and creased number of sick days students experi- tenant Benjamin Berger for his impressive mili- workforce. The manufacturers, dealers, auto- ence. tary career and dedicated service to the parts makers and financers—many of whom Providing green school improvements are United States of America. are small businesses—are all a part of the extremely cost effective. Construction costs on

● 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 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 282 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 7, 2009 average less than $3 per square foot more to ognize this practice is unreliable and dan- resentatives itself. The citizens of the District build, yet saves roughly $12 per square foot in gerous for such purposes. Mail may be re- of Columbia are deeply grateful for the per- energy and water savings. turned as undeliverable for any number of rea- sistent partnership and bipartisan dedication Some schools are already investing in green sons unrelated to an individual’s eligibility to that Senator LIEBERMAN and Senator HATCH school technology to take advantage of all the vote. For example, mail is returned due to continue to bring to this bill, and for the contin- benefits it provides. I am proud that a school typos, transposed numbers, new street ued support of Utah Governor Jon Huntsman. in my Congressional District of northern Illi- names, and improper deliveries. Because of the importance to the city of nois, Thomas Middle School, installed a one- Voters in my home State of Michigan have achieving the vote after more than two cen- kilowatt solar array on its roof in November been subjected to voter caging controversies turies, the D.C. House Voting Rights Act is my 2007 with a $10,000 grant from the Illinois in the last two Presidential elections. In the first bill of the 111th Congress. This year we Clean Energy Community Foundation. The 2008 election, a voter caging strategy meant introduce the bill as members of the armed photovoltaic panel produced enough energy to to politically capitalize on the subprime mort- services from the District of Columbia are date to offset more than 730 pounds of carbon gage crisis was identified. Those voters whose again engaged in war abroad. In gratitude for dioxide. The output so far is equivalent to the homes had been subjected to foreclosure the service of our residents serving today, and energy needed to power 6 homes for one day, were targets for caging on the basis that they of those who have served since our country or operate one TV for 2,565 hours. no longer resided at the addresses at which was founded, I dedicate the bill this year to Thomas Middle School teachers also use they registered to vote. the first soldier from the District to die for his the solar array data to help teach students During the 2004 election, challengers mon- country in the Iraq War, 21-year-old D.C. Na- about the importance of renewable energy. itored every single one of Detroit’s 254 polling tional Guard Specialist Daryl Dent, and to the Classes use the information from the solar stations. This strategy was consistent with a District’s first unknown soldier to die after pick- panels in experiments about energy conserva- Michigan lawmaker’s effort to ‘‘suppress the ing up arms to fight for liberation on the prom- tion and environmental protection. Detroit vote.’’ It was widely accepted that this ise of no taxation without representation. Al- I applaud Thomas Middle School Principal statement was synonymous with ‘‘suppress though two centuries apart, the first to die in Tom O’Rourke and science department chair the Black vote,’’ as Detroit is 83 percent Afri- these wars had in common fighting for the Jay Bingaman for taking such an initiative to can American. vote. Our first residents here fought in the War improve the school, environment and edu- Our most vulnerable voters—racial minori- for Independence. Specialist Dent gave his life cation of their students. ties, language minorities, low-income people, ensuring the vote for Iraqi citizens, a right he We are introducing the Green Schools Act the homeless, and college students—always did not live to get for himself. to encourage schools all around the country to seem to be targeted for caging and other voter Today’s bill is the first in the Free and Equal follow the example of Thomas Middle School. suppression campaigns. However, all voters series of bills that I will introduce this session This legislation provides up to $10,000 in are susceptible to voter intimidation and sup- to complete the full roster of citizenship rights matching grants for schools to undertake pression. For example, during the 2004 elec- for residents of the Nation’s capital that the green construction and improvement projects. tion, Ohio and Florida caging lists included the first soldiers were promised and for which to- The bill would also reauthorize the Qualified names of soldiers whose mail had been re- day’s soldiers continue to give their lives and Zone Academy bonds program, which is used turned as undeliverable because they were their service for our country. There can be no to fund renovations and repairs at schools in stationed overseas. doubt that the revolutionaries who invented low-income neighborhoods. The bill would re- It is because no one is immune to caging America’s most quoted national slogan did not quire that any improvements or rehabilitations and other disenfranchisement tactics, that I create a new Nation in order to get the vote, be energy efficient. Since its establishment in am introducing the Caging Prohibition Act. only to turn around and deny the vote to the 1997, the QZAB program has provided nearly This bill is really quite simple, as it one, re- citizens of their capital. $1.7 billion for school improvements projects. quires election officials to corroborate their This bill was passed by the House in the I hope my colleagues will join me in sup- caging documents with independent evidence 110th Congress, thanks to Speaker NANCY porting this bill to improve the health and edu- before a voter can be deemed ineligible. And PELOSI, who has long fought for the rights of cation of our children and provide financial se- two, limits all other challenges that do not D.C. residents and personally insisted that this curity to schools. come from election officials to those based on legislation go forward as a bill of historic im- f personal, first-hand knowledge. portance; Majority Leader STENY HOYER, my long-time regional friend, who has been an es- CAGING PROHIBITION ACT OF 2009 By eliminating caging tactics, we restore what has been missing from our elections— pecially outspoken champion of this bill; Judi- HON. JOHN CONYERS, JR. fairness, honesty, and integrity. I ask that my ciary Chairman JOHN CONYERS, who gave the colleagues in the Congress join me in sup- bill his priority attention, emblematic of the OF MICHIGAN strong support he has always brought to our IN THE HOUSE OF REPRESENTATIVES porting the Caging Prohibition Act of 2009. Please stand with me in protecting the very rights throughout his long service in Congress; Tuesday, January 6, 2009 core of our democracy. and Chairman HENRY WAXMAN, who as rank- Mr. CONYERS. Madam Speaker, today I f ing member and then as chair of the Oversight rise to introduce the Caging Prohibition Act of and Government Reform Committee, also was 2009, a much needed reform to our election INTRODUCTION OF THE DISTRICT a central figure in ensuring passage; and system. As the 111th Congress focuses on OF COLUMBIA HOUSE VOTING many others among my colleagues in both election fixes and greater voter protections, RIGHTS ACT OF 2009 Chambers and both parties, who have made this legislation is a critical contribution to such special efforts for passage of the D.C. House efforts. Prohibitions on voter caging will ensure HON. ELEANOR HOLMES NORTON Voting Rights Act. My special thanks to Tom that our democracy lives up to the belief that OF THE DISTRICT OF COLUMBIA Davis, my good friend and a strong partner on every eligible citizen is entitled to the right to IN THE HOUSE OF REPRESENTATIVES this bill, who retired at the end of last session. vote. It was Tom’s idea to pair the District with Utah Tuesday, January 6, 2009 Voter caging, though just recently given after Utah narrowly missed getting a seat fol- media attention, is a disenfranchisement tactic Ms. NORTON. Madam Speaker, today I am lowing the last census. I will always be grate- that has been around for over 50 years. This introducing, I believe for the last time, the Dis- ful to Tom for the unfailing bipartisan spirit that undemocratic tactic often involves sending trict of Columbia House Voting Rights Act, si- characterized all his work as chair of the Over- mail to voters at the addresses at which they multaneously with our Senate partners, Sen- sight and Government Reform Committee, es- are registered to vote. Should such mail be re- ators JOE LIEBERMAN and ORRIN HATCH. The pecially his consistent respect for home rule turned as undeliverable or without a return re- bill we introduce today also will add two per- and for affording me every opportunity to fash- ceipt, voters’ names are placed on a ‘‘caging manent House seats, the first increase in 96 ion this bill when he was a member of the Re- list,’’ that list then being used to challenge vot- years. It therefore carries a triple bonus: the publican majority and I was a minority mem- ers’ eligibility. first vote for the District of Columbia after 212 ber. I must also thank the two important coali- Those suggesting that voter caging is nec- years, an additional seat for Utah, and two tions of organizations that have led this fight. essary to weed out ineligible voters must rec- new permanent seats for the House of Rep- the Leadership Conference on Civil Rights,

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 283 whose leader, Wade Henderson, also has Voter Intimidation Prevention Act of 2009. Dur- Technology Enhancement Rights or VOTER been a close advisor throughout the many ing our elections, including the 2008 election, Act of 2009. I introduce this legislation, more years of this struggle, and D.C. Vote and its we have witnessed numerous attempts, some than 200 years after the founding of our de- leader, Ilir Zherka, who gave our bill a big of them successful, to disenfranchise our eligi- mocracy, because we have yet to realize a quantum leap in strength it never had before ble voters. Deceptive practices and voter in- government that is truly representative of the through a superior indispensable grassroots timidation, age-old voter disenfranchisement principle, ‘‘of the people, by the people.’’ Not organization that was born to lead the suc- tactics, continue to keep voters away from the until every eligible voter has the opportunity to cessful lobbying strategy here and nationwide polls today. cast a ballot and have that ballot counted, will and that singlehandedly raised the funds nec- The Deceptive Practices and Voter Intimida- we have a proper democracy. essary to make D.C.’s struggle a national tion Prevention Act is a critical effort in ensur- Though the 2008 Election did not present campaign. ing fairness and integrity in our elections. It is the widespread irregularities and improprieties There is every reason to believe that the a direct response to the fraudulent tactics that were witnessed during the 2000 and 2004 D.C. bill will finally prevail this year. The bill used to undermine our elections. Every eligi- Elections, it was still an election in which voter easily passed in the House in 2007, and now ble voter should be able to vote free of intimi- disenfranchisement was attempted and ac- has an estimated 64 votes in the Senate, con- dation, harassment, and harm. complished. Voters’ names are still missing siderably more than the 60 needed. The addi- Numerous accounts indicate that deceptive from voter rolls. Voter harassment and intimi- tion of seven Democratic senators, who re- practices have been employed throughout the dation continues. placed seven Republican opponents of the bill, country in our elections. Voters have been told In fact, over the years, the methods that are together with the eight remaining Republicans to vote on the wrong day. They have been used to disenfranchise voters have just be- who supported the bill, should assure that our told they could not vote with outstanding park- come more contemporary and sophisticated bill will have significantly more than the 57 ing tickets. Ultimately, they were misled, de- as evidenced during the 2008 Election. For Senate votes it received in 2007. We are ceived, and disenfranchised. example, in my home State of Michigan, in the equally encouraged that President-elect During the 2008 election, a phony flyer cir- midst of the current subprime mortgage crisis, Barack Obama, who was a co-sponsor of the culated in Virginia telling Democratic voters a strategy to challenge a voter’s eligibility bill in the Senate, will sign the D.C. House that they were to vote on Wednesday instead based on home foreclosure status was de- Voting Rights Act when it reaches his desk. of Tuesday. During the 2006 midterm, Latino vised. In Virginia, a flyer telling Democrats to My service in Congress has been defined voters in Orange County, California, were vote on Wednesday November 5, 2008, cir- by the search for ways to get full representa- threatened with incarceration if they voted and culated. tion for the city where my family has lived African American voters in Prince George’s Anything short of a perfect election system since before the Civil War. That search has County, Maryland were given fliers with false is unacceptable. I have introduced VOTER so been guided by the pursuit of the maximum endorsements. As evidenced in California and that we may work towards a more perfect sys- that was possible, including the two-day de- Maryland, our most vulnerable voters—immi- tem, one that reflects legitimacy, integrity, and bate followed by the first and only vote on grants and minorities—are often those voters inclusivity. VOTER will protect and expand statehood more than 10 years ago, the vote I that are targeted for deceptive practices. voting rights in Federal elections, as well as won in the Committee of the Whole during my No matter who is targeted for these tactics, ensure the proper administration of Federal second term, and the ‘‘No Taxation Without however, such actions are despicable and elections. Representation’’ Act for votes in both the those responsible for them must be held ac- VOTER will: House and Senate. Our struggle has always countable. This country’s long history of voter (1) provide for a uniform Federal write-in ab- been driven by what was required but we also suppression must end now. We must protect sentee ballot; have insisted on all that was possible, as with the right to vote for all of our citizens and that (2) require States to provide for a verified the District’s first floor vote, the Committee of is what this legislation will enable us to do. audit trail; the Whole vote on some but not all matters on Under this legislation, those that engage in (3) count provisional ballots cast in the prop- the House floor and the Home Rule Act, the deceptive practices and voter intimidation will er State; path-breaking bill enacted before I came to be held accountable. Deceptive electioneering (4) properly allocate voting machines and Congress that gave the city partial self-govern- practices are clearly defined and prohibited so poll workers; ment. there is no confusion as to the rights and pro- (5) provide for election day voter registra- The Congress. which has always been di- tections afforded voters. tion; vided by regional and parochial concerns, vir- Additionally, the Federal Government will be (6) protect against improper purging of reg- tually never does all that is required at one held responsible for protecting and advancing istration lists; time, even granting a vote to American citi- the right to vote. The Attorney General and (7) mandate early voting; zens who are second per capita in Federal in- the Department of Justice are required to (8) require verification and audit ability for come taxes paid to support their Government combat and counteract deceptive practices. punch cards; and served in every war, including the war These measures will ensure that voters are (9) simplify voter registration requirements; that created our country. However, the people not left to fend for themselves when their right (10) allow voter identification by written affi- of the District of Columbia have never ceased to vote is threatened. davit; demanding the full measure of their rights, If we allow deceptive practices and other (11) provide for a study of nonpartisan elec- while insisting on all that is possible for each such behavior to continue, we jeopardize the tion boards; generation. The people of the Nation’s proud very core of our democracy, the right to vote. (12) strengthen the EAC with funding and capital will never give up until achieving their I ask that my colleagues in the Congress resources; full rights as American citizens. Today’s bill is stand with me in support of this legislation, so (13) require the EAC to (a) enhance training another big step to achieve full and equal citi- that we may begin eliminating barriers to the for election officials; (b) require the use of zenship. polls. publicly available open source software; (c) f f provide uniform standards for vote recounts; INTRODUCTION OF DECEPTIVE INTRODUCTION OF THE VOTING and (d) prohibit voting machine companies PRACTICES AND VOTER INTIMI- OPPORTUNITY AND TECHNOLOGY from engaging in political activities; DATION PREVENTION ACT OF ENHANCEMENT RIGHTS (VOTER) (14) prohibit deceptive practices and intimi- 2009 ACT OF 2009 dation; (15) prohibit caging and other questionable HON. JOHN CONYERS, JR. HON. JOHN CONYERS, JR. challenges; (16) restore voting rights to former felons; OF MICHIGAN OF MICHIGAN and IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES (17) treat Election Day as a federal holiday. Tuesday, January 6, 2009 Tuesday, January 6, 2009 Some of these initiatives have already been Mr. CONYERS. Madam Speaker, today I Mr. CONYERS. Madam Speaker, today I implemented by States, the success of which rise to introduce the Deceptive Practices and rise to introduce the Voting Opportunity and was observed during the 2008 Election. There

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 284 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 7, 2009 are 32 States that currently provide early vot- tunity to extend my personal congratulations to pany in St. Petersburg, Florida, eventually ing, including Florida, a State that witnessed the 2008 Myrtle Beach High School Football working his way up from a driver to the vice over one million voters turn out to the polls the Team. By beating the Chester Cyclones in president of the company, an accomplishment weekend before the election. There are also ‘‘Death Valley’’ at Clemson University, the of which he is very proud. 28 States that currently provide no-excuse ab- ‘‘Seahawks’’ led by Coach Scott Earley re- Throughout his life, Richard married twice, sentee voting. turned the Class AAA State Football Cham- but had no children. His first wife Lucille Such practices were critical to managing an pionship Trophy to Myrtle Beach after a hiatus passed away in 1981 and his second wife Ann unprecedented voter turnout. More than 130 of 24 years. This outstanding victory exempli- passed away in 2006. He has fond memories million people turned out to vote in the 2008 fies the drive, ambition and teamwork of these of sailing into New York harbor and seeing the Election, the highest turnout in any presi- young men. Statue of Liberty and the tug’s radio playing dential election. With this many longtime and f ‘‘Sentimental Journey.’’ new voters engaged in the 2008 election proc- Richard came to Hernando County in 1984 ess, I suspect that voter participation will only CONGRATULATING MR. CLARENCE looking for a retirement community where he increase in 2012. E. FAULK, JR., ON THE OCCA- could keep his dog. Today he enjoys living in As such, we must pledge to fight for election SION OF HIS 100TH BIRTHDAY the Timber Pines community where he is far reform in this Congress. The right to vote and away from the congestion of Pinellas County. to have that vote counted is one of our de- HON. RODNEY ALEXANDER Richard is quite the everyday comedian, telling mocracy’s most fundamental principles. It is OF LOUISIANA friends and neighbors that breathing gives him with VOTER that I intend to protect this funda- IN THE HOUSE OF REPRESENTATIVES the most pleasure. If he had his life to do over mental principle, and I ask that my colleagues again, Richard said he would get more edu- in this Congress join me in this fight for fair Wednesday, January 7, 2009 cation, and his advice to young people today and just elections. Mr. ALEXANDER. Madam Speaker, it is is to always do things in moderation and be f with great pride and pleasure that I rise to conservative. Madam Speaker, I ask that you join me in HONORING THE LIFE AND SERVICE honor Mr. Clarence E. Faulk, Jr., on the occa- honoring Richard Riedel for reaching his 100th OF ANDY ANDERSON sion of his 100th birthday. Mr. Faulk was born on January 9, 1909 in birthday. I hope we all have the good fortune West Monroe, LA to Clarence E. Faulk, Sr. to live as long as him. HON. RICK LARSEN and Josephine McClendon Faulk. f OF WASHINGTON He married Louise Benson Page on July 8, IN THE HOUSE OF REPRESENTATIVES ‘‘THE PATERSON GREAT FALLS 1931 and from this union three children were NATIONAL HISTORICAL PARK Wednesday, January 7, 2009 born. In addition, Mr. Faulk is the proud and ACT’’ Mr. LARSEN of Washington. Madam Speak- loving grandfather of 10 grandchildren and er, Andy Anderson’s passing is a tragic loss seven great-grandchildren. for Washington state, Whatcom County and Mr. Faulk was the publisher of the Ruston HON. BILL PASCRELL, JR. OF NEW JERSEY for me personally. My thoughts and prayers Daily Leader from 1931 to 1962, the owner of IN THE HOUSE OF REPRESENTATIVES are with Andy’s loved ones during this difficult radio station KRUS from 1947 to 1968, and time. the owner of Westside Self Storage from 1980 Wednesday, January 7, 2009 Andy’s commitment to public service is leg- to present. Mr. PASCRELL. Madam Speaker, it is my endary and his contributions to Washington Moreover, Mr. Faulk and his late beloved pleasure today to introduce the ‘‘Paterson state have been many and varied. wife owned 10 rental houses, one 16-unit Great Falls National Historical Park Act’’ as While serving as District Manager for Con- apartment house, and eight commercial build- my first act in the 111th Congress. This bipar- gressman Al Swift, Andy was instrumental in ings in Ruston, LA. tisan legislation was approved by the House in creating the PACE (now NEXUS) lane for fre- Mr. Faulk is a friend to many, and is October 2007, and would designate a National quent travelers between the United States and deemed a gracious and hardworking person to Park at the majestic Great Falls in Paterson, Canada. Andy’s efforts to expand trade and all who have had the privilege of making his NJ. I urge my colleagues to pass this legisla- reduce wait times helped thousands of fami- acquaintance. tion as soon as possible. lies and businesses on both sides of the bor- I ask my colleagues to join me in congratu- Fifteen miles west of New York City, the der. lating Mr. Clarence Faulk on this truly signifi- Great Falls was the second largest waterfall in After I was elected to Congress in 2000, I cant birthday. colonial America. No other natural wonder in asked Andy to come out of retirement to join f America has played such an important role in my team. For 3 years, he served as director our nation’s historic quest for freedom and of my Bellingham office, representing me in RECOGNIZING RICHARD RIEDEL OF prosperity. At the Great Falls, Alexander Ham- Whatcom County. SPRING HILL, FLORIDA ilton conceived and implemented a plan to I am honored to have worked with Andy An- harness the force of water to power the new derson. He was a true friend and a tireless ad- HON. GINNY BROWN-WAITE industries that would secure our economic vocate for my constituents. He was always OF FLORIDA independence. available to answer a question, investigate IN THE HOUSE OF REPRESENTATIVES Hamilton told Congress and the American and solve a problem and look for new ways to people that at the Great Falls he would begin Wednesday, January 7, 2009 make life a little easier for the people he implementation of his ambitious strategy to served. Ms. GINNY BROWN-WAITE of Florida. transform a rural agrarian society dependent Andy will be missed, but his contributions to Madam Speaker, I rise today to honor Richard upon slavery into a modern economy based our community, our State and our country will Riedel of Hernando County, Florida. Richard on freedom. True to Hamilton’s vision, be felt for many decades to come. will do something later this year that all of us Paterson became a great manufacturing city, f strive to do, but that very few of us will ever producing the Colt revolver, the first sub- HONORING THE 2008 MYRTLE accomplish, celebrate his 100th birthday. marine, the aircraft engine for the first trans- BEACH HIGH SCHOOL FOOTBALL Richard was born February 1, 1909 in Atlantic flight, more locomotives than any city TEAM Sturbridge, Massachusetts. Richard’s favorite in the Nation, and more silk than any city in childhood memories include receiving his first the world. bicycle and robbing his sisters’ piggy banks to New Jersey’s Great Falls is the only Na- HON. HENRY E. BROWN, JR. buy penny candy. tional Historic District that includes both a Na- OF SOUTH CAROLINA During his youth, Richard attended tional Natural Resource and a National His- IN THE HOUSE OF REPRESENTATIVES Sturbridge Public and Vocational School, and toric Landmark. In a special Bicentennial Wednesday, January 7, 2009 then went on to serve as a sergeant in the speech in Paterson with the spectacular nat- Mr. BROWN of South Carolina. Madam United States Air Force. Eventually moving to ural beauty of the Great Falls in the back- Speaker, please permit me to take this oppor- Florida, Richard started working at Linen Com- ground, the late President Gerald R. Ford

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 285 said, ‘‘We can see the Great Falls as a sym- cluding unilaterally withdrawing from Gaza in This bill was passed by the House in the bol of the industrial might which helps to make 2005. Unfortunately, Hamas has not met 110th Congress, thanks to Speaker NANCY America the most powerful Nation in the Israel’s efforts towards a peaceful coexistence, PELOSI who has long fought for the rights of world.’’ and has instead increased military operations D.C. residents and personally insisted that this Preeminent Hamilton biographers, an es- against its neighbor and continues to deny legislation go forward as a bill of historic im- teemed former Smithsonian Institution curator, Israel’s right to exist. portance, Majority Leader STENY HOYER, my the former chief of the National Park Service These unfortunate developments are tragic, long-time regional friend, who has been an es- Historic American Engineering Record, and but have been precipitated by Hamas’ aggres- pecially outspoken champion of this bill; Judi- distinguished professors at Yale, Princeton, sion. Hamas must stop the rocket attacks and ciary Chairman JOHN CONYERS, who gave the Harvard, NYU, Brown and other universities all parties in the region need to commit to re- bill his priority attention, emblematic of the have filed letters with the National Park Serv- newing efforts at peace. The U.S. should re- strong support he always has brought to our ice strongly recommending a National Histor- main involved in the peace process and I will rights throughout his long service in Congress; ical Park for the Great Falls Historic District. continue to work with my colleagues in Con- and Chairman HENRY WAXMAN, who as rank- Editorial boards, Federal, State, and local offi- gress towards this goal. ing member and then as chair of the Oversight cials and community groups have also en- f and Government Reform committee, also was dorsed the campaign to award a National Park a central figure in ensuring passage; and Service designation to the Falls. THE INTRODUCTION OF THE DIS- many others among my colleagues in both Scholars have concluded that Pierre TRICT OF COLUMBIA HOUSE chambers and both parties, who have made L’Enfant’s innovative water power system in VOTING RIGHTS ACT OF 2009 special efforts for passage of the D.C. House Paterson, and many factories built later, con- Voting Rights Act. My special thanks to Tom stitute the finest remaining collection of engi- HON. ELEANOR HOLMES NORTON Davis, my good friend and strong partner on neering and architectural structures rep- OF THE DISTRICT OF COLUMBIA this bill, who retired at the end of last session. resenting each stage of America’s progress IN THE HOUSE OF REPRESENTATIVES It was Tom’s idea to pair the District with Utah from a weak agrarian society to a leader in the Wednesday, January 7, 2009 after Utah narrowly missed getting a seat fol- global economy. It is a little known fact that lowing the last census. I will always be grate- L’Enfant was hired by Hamilton to create Ms. NORTON. Madam Speaker, today I am ful to Tom for the unfailing bipartisan spirit that Paterson as the sister city to Washington, DC, introducing, I believe for the last time, the Dis- characterized all his work as chair of the Over- having completed his plan of Washington only trict of Columbia House Voting Rights Act, si- sight and Government Reform committee, es- months before arriving in Paterson. multaneously with our Senate partners, Sen- pecially his consistent respect for home rule Madam Speaker, Congress must act now to ators JOE LIEBERMAN and ORIN HATCH. The bill and for affording me every opportunity to fash- pass this vital piece of legislation, so that we we introduce today also will add two perma- ion this bill when he was in the Republican may fully recognize these cultural and historic nent House seats, the first increase in 96 majority and I was a minority member. I must landmarks that have played such a seminal years. It therefore carries a triple bonus: the also thank the two important coalitions of or- role in America’s history. first vote for the District of Columbia after 212 ganizations that have led this fight, the Lead- f years, an additional seat for Utah, and two ership Conference on Civil Rights, whose new permanent seats for the House of Rep- PERSONAL EXPLANATION leader, Wade Henderson also has been a resentatives itself. The citizens of the District close advisor throughout the many years of of Columbia are deeply grateful for the per- this struggle, and D.C. Vote, and its leader Ilir HON. LUIS V. GUTIERREZ sistent partnership and a bipartisan dedication Zherka, who gave our bill indispensable OF ILLINOIS that Senator LIEBERMAN and Senator HATCH strength through a superior grassroots organi- IN THE HOUSE OF REPRESENTATIVES continue to bring to this bill, and for the contin- zation that led the successful lobbying strategy Wednesday, January 7, 2009 ued support of Utah Governor Jon Huntsman. here and nationwide and singlehandedly Because of the importance to the city of Mr. GUTIERREZ. Madam Speaker, I was raised the funds necessary to take D.C.’s achieving the vote after more than two cen- struggle national. unavoidably absent from this Chamber today. turies, the D.C. Voting Rights Act is my first I would like the record to show that, had I bill of the 111th Congress. This year we intro- There is every reason to believe that the been present, I would have voted ‘‘yea’’ on duce the bill as members of the armed serv- D.C. bill will finally prevail this year. The bill rollcall votes 1 and 4; ‘‘nay’’ on rollcall vote 3; ices from the District of Columbia are again easily passed in the House in 2007, and now and for Rep. NANCY PELOSI (CA–08) on rollcall engaged in war abroad. In gratitude for the has an estimated 64 votes in the Senate, con- vote 2 for the election of the Speaker of the service of our residents serving today, and of siderably more than the 60 needed. The addi- U.S. House of Representatives. those who have served since our country was tion of seven Democratic senators, who re- f founded, I dedicate the bill this year to the first placed seven Republican opponents of the bill, together with the eight remaining Republicans ISRAEL’S MILITARY ACTION IN soldier from the District to die for his country who supported the bill, should assure that the GAZA in the Iraq War, 21-year-old D.C. National Guard Specialist, Daryl Dent, and to the Dis- bill will have significantly more than the 57 HON. JERRY F. COSTELLO trict’s first unknown soldier to die after he Senate votes it received in 2007. We are picked up arms to fight for liberation on the equally encouraged that President-elect OF ILLINOIS promise of taxation without representation. Al- Barack Obama, who was a co-sponsor of the IN THE HOUSE OF REPRESENTATIVES though two centuries apart, the first to die in bill in the Senate, will sign the D.C. House Wednesday, January 7, 2009 these wars had in common fighting for the Voting Rights Act when it reaches his desk. Mr. COSTELLO. Madam Speaker, for the vote. Our first residents here fought in the War My service in Congress has been defined past several years, Israelis living near Gaza for Independence. Specialist Dent gave his life by the search for a way to get full representa- have endured a continual state of fear due to ensuring the vote for Iraqi citizens, a right he tion for the city where my family has lived the thousands of rocket attacks launched from did not live to get for himself since before the Civil War. That search has there by Hamas. When the six-month cease Today’s bill is the first in the Free and Equal been guided by the pursuit of the maximum fire between Hamas and Israel recently ended, series of bills that I will introduce this session possible, including the two-day debate fol- Hamas responded almost immediately by fir- to complete the full roster of citizenship rights lowed by a vote on statehood more than 10 ing more than 70 missiles at civilian targets the residents of the Nation’s capital, that the years ago, the vote I won in the Committee of within Israel. On December 27th, Israel, in an first soldiers were promised and for which to- the Whole during my second term, and the act of self defense, struck at Hamas targets in day’s soldiers continue to give their lives. ‘‘No Taxation Without Representation’’ Act for Gaza in response to these continued attacks, There can be no doubt that the revolutionaries votes both in the House and Senate. The and I want to express my strong support for who invented America’s most quoted national struggle has been driven always by what was Israel’s right of self-defense. slogan did not create a new nation in order to required but also by what was possible, as Israel has taken meaningful steps in recent get the vote, only to turn around and deny the with the Committee of the Whole vote on years to push the peace process forward, in- vote to the citizens of their capital. some but not all matters on the House floor

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 286 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 7, 2009 and the Home Rule Act, the path-breaking en- home in Connecticut received further recogni- HONORING HOSTELLING INTER- acted before I came to Congress that gave the tion when the Council chose him as the Na- NATIONAL-USA ON THEIR 75TH city partial self-government. tional Firefighter of the Year in October 1999. ANNIVERSARY The Congress which has always been di- Along with this award, Red was presented vided by regional and parochial concerns, with a certificate for $2000 from Scott Health HON. DAVID WU never does what is clearly right, even granting and Safety. In keeping with his unselfish na- OF OREGON a vote to American citizens who are second ture, Red announced that he would donate the IN THE HOUSE OF REPRESENTATIVES per capita in federal income taxes paid to sup- proceeds to the North Carolina Relief Fund to port their government and have served in help fire departments that were devastated by Wednesday, January 7, 2009 every war, including the war that created our Hurricane Floyd. Mr. WU. Madam Speaker, I rise today to country driven by the slogan of ‘‘No Taxation Red has also been generous enough to congratulate Hostelling International-USA on without Representation.’’ However, the people share his talents and expertise with the world. their 75th anniversary. Since 1934, Hostelling of the District of Columbia have never ceased Red served as a representative for the United International-USA has encouraged cultural demanding the full measure of their rights, States at the World Federation of Firefighters interaction among its guests by providing af- while insisting on all that is possible for each meetings in Argentina, Denmark, Indonesia fordable overnight accommodations for do- generation. The people of the nation’s proud and Japan and is an active member of the mestic and international travelers. capital will never give up on our full rights as International Society of Fire Service Instruc- In my home state of Oregon, Hostelling American citizens. tors. International-USA operates three facilities, f After a lifetime of service to his community which together welcome more than 35,000 and his fellow first responders it should come visitors each year. TRIBUTE TO ROBERT ‘‘RED’’ J.R.R. Tolkien once wrote: ‘‘Not all those MCKEON as no surprise that Red would be chosen as an inductee to the Connecticut Firefighters’ who wander are lost.’’ Travel reminds us of Hall of Fame. This latest recognition is one the unity in our diverse world, and I believe HON. JOE COURTNEY that is well deserved, and I applaud my friend that the more we interact with others, the OF CONNECTICUT Red for receiving this prestigious award. We in more we can understand of ourselves. I ask my colleagues to join me in recog- IN THE HOUSE OF REPRESENTATIVES eastern Connecticut are lucky to have such a nizing Hostelling International-USA on this im- Wednesday, January 7, 2009 fine public servant. portant occasion. Mr. COURTNEY. Madam Speaker, I rise f today to congratulate Robert ‘‘Red’’ McKeon f on being inducted into the Connecticut Fire- HONORING THE WORK OF CAROL IN HONOR OF CATHERINE ‘‘LENA’’ J. FRIEDMAN fighters Hall of Fame. There is perhaps no ZABARA DICHELE one more worthy of such an honor than Red. Red has been a leader in his community for over 60 years. In 1944, Red joined the HON. CHRISTOPHER S. MURPHY HON. LYNN C. WOOLSEY Occum, Connecticut Volunteer Fire Depart- OF CONNECTICUT OF CALIFORNIA ment. Red served in various roles within the IN THE HOUSE OF REPRESENTATIVES department before becoming fire chief in 1960, IN THE HOUSE OF REPRESENTATIVES a position he held for 34 years. Red was not Wednesday, January 7, 2009 Wednesday, January 7, 2009 only an active and committed fireman, but he Ms. WOOLSEY. Madam Speaker, I rise was also a pioneer. During Red’s tenure, he Mr. MURPHY of Connecticut. Madam today to celebrate Carol J. Friedman of Point ensured that Occum’s department led the way Speaker, I rise today to honor the 100th birth- Reyes Station, California. Carol is retiring as in improving the life saving services which day of Lena Dichele, a living example of the Executive Director of the Dance Palace Com- they provide to the people of eastern Con- hard work and spirit that we cherish as Ameri- munity Center after 37 years at the helm. necticut. Occum was the first department in cans. Born on January 1, 1909, Lena immi- From the founding of the organization in 1971 the state of Connecticut to employ two-way grated to the United States at age 7. Her story to the present, she has been the force that radio communication in fire trucks and other began at Ellis Island, where so many other has made the Dance Palace an integral part emergency service vehicles. Occum was also American stories began. Although Lena of the West Marin community. the first department that employed a computer stopped her formal education in the 8th grade Born and raised in Rye, New York, Carol to develop the skills of its first responders. to help her family in trying economic times, was a dancer from her youngest days, wheth- In 1970, Red founded the Occum volunteer she went on to become a life-long educator. er it was the Nutcracker Suite in her living ambulance service to provide the residents of At the age of 14, Lena learned to sew at the room or formal study with a number of modern Occum access to state-of-the-art emergency Waterbury Connecticut Girls’ Club, where she dance teachers. She matriculated at Radcliff services. Red has also been a pioneer in tak- transformed this skill into her life’s passion. College but took time off in 1971 after two ing care of his fellow first responders. Red led Lena went on to become a sewing instructor years as dance was not part of the Harvard the charge for establishing a pension system at the Girls Club and an informal authority on curriculum. She came to the Bay Area and for volunteer firefighters. Despite putting their all things sewing at Tops Department Store in connected with fellow dancers who had rented lives in on the line every day, volunteer fire- Waterbury. She was also familiar enough with a perfect dance space with apartments above fighters do not receive a pension in recogni- electric sewing machines to assist customers in a building in Point Reyes that had pre- tion of their service. Red worked with State and perform repairs. Lena began sharing her viously housed the Palace Market. As de- and local leaders in Connecticut to establish a love of sewing with seniors throughout Water- scribed by Carol, ‘‘So we moved into the program that allows local communities like bury by teaching at the Pearl Street Neighbor- Dance Palace—7 of us—dancers, musicians, Occum to establish retirement programs for hood Center, the Palladino Center and the hippies, idealists, and all completely naive volunteer firefighters. Mattatuck Senior Center, where she ended about the community and about going about Red has demonstrated his commitment to her 83 year career in 2006 at the age of 97. business.’’ our first responders at the State, national and On New Year’s Day, Lena’s family gathered From those early beginnings, the Dance even international levels. After serving in the to celebrate her 100th birthday. But more ap- Palace evolved into a multi-use facility with Connecticut State Firemen’s Association since propriately, they celebrated the impact that input and ideas from all segments of the com- 1944, he was elected State President by his she has had on her family, her friends, and munity and Carol as the guide. She made the fellow firemen in 1977 and 1978. her community, during those 100 years. ideas into reality, whether it took building a In 1991, Red became the national chairman Lena’s story is a truly American story, and I whole new building, constantly securing fund- of the National Volunteer Fire Council, the am honored to represent her in Congress, and ing, running day-to-day operations, program- largest volunteer firefighter organization in the be able to congratulate her today, here on the ming events, reaching out to new people, or country, and served in the post until 1994. His floor of the United States House of Represent- plunging toilets. When she saw a need in the leadership within that organization and at atives, on this milestone. community, she worked to fill it. And she did

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 287 it all with her own personal warmth, style, and IN RECOGNITION OF STANLEY TRIBUTE ON THE RETIREMENT OF creativity. REED MASTER SERGEANT ROBERT C. Today the Dance Palace Community Center WILKINS FROM THE UNITED has an annual budget of $475,000, presents STATES AIR FORCE 100 special events a year, offers 30 classes HON. MIKE ROSS weekly, has 200 regular volunteers, and serves 27,000 people of all ages annually— OF ARKANSAS HON. JOHN S. TANNER OF TENNESSEE providing a wide variety of services including IN THE HOUSE OF REPRESENTATIVES a summer day camp, senior meals program, IN THE HOUSE OF REPRESENTATIVES teen theater activities, after-school classes for Wednesday, January 7, 2009 Wednesday, January 7, 2009 kids, English as a Second Language instruc- Mr. ROSS. Madam Speaker, I rise today to tion, and weekend performances and con- Mr. TANNER. Madam Speaker, on the oc- recognize Stanley Reed of Marianna, Arkan- certs. Carol personally participated in many of casion of his retirement from the United States these activities, claiming, for example, ‘‘I am sas, and his outstanding service to the state of Air Force, I want to personally take this oppor- personally responsible for introducing the Arkansas as outgoing president of the Arkan- tunity to honor my dear friend, MSgt Robert C. ever-popular Bubble Wrap Day plus the Rus- sas Farm Bureau and outgoing chairman of Wilkins for his 26 years of dedicated service to sian hand jive dance to generations of Dance the University of Arkansas Board of Trustees. our country. In his most recent assignment, he Palace Campers.’’ served as the Superintendent, Operations, Air I have had the distinct honor and privilege Operations Division, Office of the Legislative Carol expanded the Dance Palace’s role by of knowing Stanley for many years and his actively promoting collaboration among other Liaison, Secretary of the Air Force, Wash- dedication to the citizens of Arkansas is sec- local and County-wide organizations. She her- ington, DC. self became an expert on non-profit and com- ond to none. A third-generation cotton farmer A superior leader, Master Sergeant Wilkins munity work and gave unstintingly of her time from Marianna, he holds a bachelor’s degree assisted me and members of the U.S. delega- and knowledge wherever it was needed. in agricultural engineering and a law degree tion to the NATO Parliamentary Assembly dur- Along the way, Carol had two sons, Abra- from the University of Arkansas, though his af- ing trips to France, Spain, Italy, Belgium, Mac- ham and Eli, whom she raised as a single fection for the land eventually led him back to edonia, Albania, Croatia, Turkey, Germany mother. The Dance Palace was their second the farm. and the Netherlands. He performed magnifi- home, and they were early performers in com- cently, upholding the highest standards of pro- Stanley is one of the greatest allies to and munity productions. Carol continues to dance fessional conduct and through his efficient and teach dancing as well as sing, and has advocates for Arkansas farmers and farm fam- planning, these trips were a complete suc- volunteered in many capacities including as an ilies. He has served as president of Arkansas cess. elephant seal docent and hospice bereave- Farm Bureau for 5 years, and has been a Madam Speaker, I respectively request my ment supporter. She also stars in a weekly member of the organization’s state board for distinguished colleagues join me in expressing soccer pickup game where she has evolved more than 20 years, including stints as vice our sincere appreciation to Master Sergeant into a formidable talent. Clearly, she will not president and secretary-treasurer. He also Wilkins for his extraordinary service to the be sitting still after retiring from her Dance Pal- serves as a member of the Arkansas Farm United States Air Force and our great Nation. ace duties. Bureau Federation’s board of directors. Due to On behalf of members serving on the U.S. NATO Parliamentary Assembly delegation, I Madam Speaker, Carol Friedman will be his determination to improve Arkansas agri- missed at the helm of the Dance Palace Com- say we will miss his expertise and positive atti- culture, Stanley has participated in numerous munity Center but will continue to be involved tude, but most importantly, we will miss his foreign trade missions including trips to Mex- in her community, as long as it doesn’t inter- friendship. fere with her soccer schedule. As the heart ico, Turkey, Taiwan, Korea, Japan and Cuba. Betty Ann and I wish Rob, his wife, Amy and soul of the Center for so many years, Of course, Stanley’s commitment to Arkan- and son, Robert, the very best as they face Carol’s spirit will shine at the Dance Palace sas does not end with farming. Stanley just new and exciting challenges in the coming Community Center for generations to come. completed a 10-year term on the University of years. f Arkansas Board of Trustees, where he served f 117TH ANNIVERSARY OF ELLIS as chairman for 2 years. His service on this ISLAND distinguished panel earned him the respect RECOGNIZING THE UBLY HIGH and admiration of all who came into contact SCHOOL BEARCATS 2008 FOOT- HON. ALBIO SIRES with him throughout his tenure. Stanley will BALL SEASON OF NEW JERSEY forever be remembered for his selfless service IN THE HOUSE OF REPRESENTATIVES to improve secondary education opportunities HON. CANDICE S. MILLER Wednesday, January 7, 2009 for countless Arkansans. In addition to these OF MICHIGAN Mr. SIRES. Madam Speaker, tooday I rise roles, Stanley also serves on the board of di- IN THE HOUSE OF REPRESENTATIVES rectors for Baptist Health and as a board to recognize the 117th anniversary of the Wednesday, January 7, 2009 opening of Ellis Island. Originally opened on member of Pine Bluff-based Simmons First January 1, 1892, the island remains a part of National Bank. Mrs. MILLER of Michigan. Madam Speaker, American history and our culture. Together I rise today to acknowledge the inspiring and Amidst all of these professional successes, truly remarkable football season displayed with the Statue of Liberty, these places rep- anyone who knows Stanley understands that resent what it means to be an American. both on and off the field by the Ubly High During the attacks of September 11, 2001 his most treasured role in life is that of a hus- School Bearcats from Huron County. these symbols stood as a reminder and a band to Charlene, father to Haley Davis, Na- The Bearcats took an undefeated record of warning that we will prevail against those who than and Anna, and grandfather to three 13 wins and 0 losses in to the Division 7 State wish us harm. So great are these symbols that grandchildren. Carrying on in true Reed family Championship at Ford Field in Detroit against visitors from here and abroad visit them every tradition, Stanley’s son Nathan continues to perennial powerhouse Traverse City St. day. Yet the Statue of Liberty crown is still work with him on the family farm. Francis. Although at the end of the contest St. Francis had prevailed on the scoreboard, Ubly closed to visitors. I am happy that both Presi- Stanley Reed will long be considered one of dent-Elect Obama and Interior Secretary Des- can stand proud with their heads held high. I Arkansas’s finest, and a best friend and advo- ignate Salazar support fully opening up the think former Green Bay Packers Coach Vince crown. cate for agriculture. It is with great pride that Lombardi said it best, ‘‘We didn’t lose the I am optimistic that we will again allow I rise today to recognize Stanley Reed for a game; we just ran out of time.’’ Americans and foreign visitors to peer out lifetime of accomplishments, and for his much- The 2008 season was comprised of more from the crown and to think about what it admired service to one of his greatest pas- than just film sessions, chalk talks and wind means to be an American. sions—farming. sprints but something beyond the parameters

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD 288 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 January 7, 2009 of just football. Sadly in early October, the en- in need of help from outside. In the case of nets, was also able to count scallops in ocean tire Ubly community experienced a tremen- the fishing industry, no individual during my areas that federal regulators had closed to dous loss when former teammate and class- career has been as important as Dr. Brian scallopers. They found the scallop numbers in the closed areas were also greatly under- mate, David Ostenski, passed away from can- Rothschild of the University of Massachusetts estimated. cer at age 17. David was diagnosed while a Dartmouth. ‘‘I’ve always supported the idea of control- member of the JV team but courageously con- Brian Rothschild combines in an extraor- ling fishing, but I also support the idea of tinued his support of the football team despite dinary degree technical expertise, practical the best science,’’ Dr. Rothschild said. his ailing physical condition. Less than 2 knowledge, political savvy, and an ability to ‘‘What we did was really good science.’’ weeks before his passing, David was recog- understand all viewpoints and articulate his Jean MacCormack, the chancellor of nized during a special ceremony at the home- own that makes him an enormous asset to UMass Dartmouth, noted the singular nature those concerned with the fishing industry. He of Brian Rothschild convincing a federal reg- coming game and even took pictures with the ulatory agency to change its practices. homecoming court proudly wearing his #44 is a model of how public policy discussions ‘‘It’s pretty unusual,’’ she said, ‘‘to develop black and orange jersey. should be conducted. Not surprisingly, the a methodology that NMFS accepted.’’ This small rural town sought comfort in each New Bedford Standard Times recently named ‘‘NMFS was saying there were no scallops other, rallied together as family and used foot- him their South Coast Man of the Year, an and they proved them wrong,’’ Mr. Avila ball as a form of therapy to ease the pain of honor that is beyond dispute an extremely well said. ‘‘That was one of the main components this devastating loss. To commemorate his deserved one. of the rejuvenation of the scallop industry.’’ Madam Speaker, I ask that the article from New Bedford Mayor Scott Lang is unquali- life, each player wore David’s name on his fied in his praise of Brian Rothschild. helmet and broke each huddle saying his the New Bedford Standard Times chronicling ‘‘I think he’s the difference between the name. the extraordinary work of Dr. Rothschild and scallop industry prospering, as they have in Led by Head Coach Bill Sweeny, these 24 his importance to the fishing industry be print- the last decade, versus being in the same sit- young men conveyed the true meaning of the ed here, since this is an industry which is uation as groundfish,’’ he said. human spirit, in what was a historic run to the greatly impacted by our activity and about The mayor was referring to the fact that school’s first finals appearance, and that which the Members should know a great deal. the New Bedford groundfishing industry has suffered from stringent federal fishing regu- [From South Coast Today, Jan. 1, 2009] through tragedy you can find triumph. lations. When you reflect upon the entire season, A BIG FISH IN MARINE SCIENCE New Bedford was the nation’s busiest port everyone can agree that these young men are Teacher, fisherman, furniture maker, ma- last year, for the ninth year in a row, with 60 ‘‘real’’ champions and they should be proud of rine scientist—there isn’t much that Univer- million pounds of fresh seafood landed, with all their accomplishments. They persevered sity of Massachusetts Dartmouth professor a value of $281 million, principally due to the when confronted with adversity and matured Brian Rothschild can’t do and do well. scallop catch. quickly beyond their years. They learned that Luckily for the city of New Bedford, some- Dr. Rothschild stresses that he’s a big sup- time in the 1990s he set his mind on seeking life is not always fair but instead of giving up porter of conserving fisheries but, because ways to save the local scallop fishery. A lit- fish live below the surface, they aren’t easily they stepped up to meet each challenge head- tle over a decade later, scallops have made measured. He thought that if he could im- on and will forever have those experiences to the city the biggest fishing port, in terms of prove the science, he could benefit both the help them grow in the future. dollars worth of seafood caught, in the fishery and the fishermen. Thank you to the 2008 Ubly Football Team United States. ‘‘There was some resistance from the fish- for providing coaches, school officials, stu- Around the same time that Dr. Rothschild, eries service. And some of the conservation dents, and parents with an outstanding sea- now 74, started studying scallops, he also groups thought our estimates were in error, son. I commend you all! Way to go Bearcats. started building up the faculty and facilities but it’s a solid scientific process we went at the UMD Center for Marine Science and through,’’ he explains. f Technology (SMAST), making it into one of Dr. Rothschild subscribes to a view of ‘‘BRIAN ROTHSCHILD: MAN OF THE the nation’s quality schools of ocean science. ocean ecology that the fishermen, and their He was dean of the marine school from 1995 fishing efforts, are themselves an integral YEAR’’ through 2006, the school’s formative decade, part of the ocean ecology of a given area. when it first began attracting a world-class ‘‘You have to look at a balance between HON. BARNEY FRANK faculty. the substantial effects that humans have on For his efforts on behalf of the fishermen the (fish) populations and the productivity of OF MASSACHUSETTS of New Bedford and the seafood economy to the populations. That’s what conservation is IN THE HOUSE OF REPRESENTATIVES their fisheries, and for his efforts in making in this day and age.’’ Wednesday, January 7, 2009 UMass Dartmouth a growing center of ma- Because fishing species, under certain con- rine science and research, Brian J. Roth- ditions and to a certain extent, proliferate in Mr. FRANK of Massachusetts. Madam schild is The Standard-Times 2008 the wake of a fishing effort, Dr. Rothschild Speaker, after the congressional redistricting SouthCoast Man of the Year. set out to balance the maximum amount of of 1992 and the subsequent election, I won Nominations for the award came from the fishing effort needed to benefit human beings the great responsibility and challenge of rep- community and members of the newspaper with the maximum amount of fishing effort resenting America’s most prosperous fishing staff. Recipients were selected by a news- needed to benefit the population of fish spe- port—the City of New Bedford and the Town room committee. cies. of Fairhaven. Over these past sixteen years I ‘‘He’s really made a big difference in the Currently, SMAST is studying counting fishing industry in New Bedford,’’ said Rod- methods for groundfish (which unlike scal- have worked very hard in conjunction with the ney Avila, the owner of two scallop boats lops, move around in the ocean). The objec- people in the fishing industry to help create and the city’s representative to the New tive is to obtain more accurate counts of the the conditions in which they can do their work England Fisheries Management Council (a groundfish (haddock, cod, yellowtail floun- which is so important not just to the region in coalition of industry, conservation, and gov- der) in the New England fishery. which they are located, but to the entire coun- ernment officials that recommends regula- Because the federal government’s cur- try. As we stress the importance of people tions for the region’s fisheries). rently accepted methods of counting ground- eating in a healthier manner, the role of sea- Dr. Rothschild and UMass Dartmouth pro- fish counting show the stocks are depressed, NMFS intends to further restrict the fishing food becomes all the more important, and pre- fessor Kevin Stokesbury developed a system of counting scallops by using an underwater effort—which is already a barely profitable serving the ability of people in the fishing in- camera to photograph their beds at the bot- industry—next year. dustry to perform this service they do for the tom of the ocean. The failure to find a better method for in- rest of us is a major part of my job. Previously, the National Marine Fisheries tegrating the effects of fishing and ground- In some cases, our advocacy can be fairly Service (NMFS) had estimated scallops by fish proliferation has had devastating effects easy, as a matter of principle. But there are the numbers caught in fishing nets, a meth- on the local industry, Dr. Rothschild said. also cases in which mastering a very complex od that invariably led to undercounting, Dr. ‘‘You can see all this happening in New Bedford. The (fish) populations are being body of data is essential if we are to do our Rothschild said. Dr. Rothschild and Dr. Stokesbury proved managed biologically yet there’s a tremen- job right. We are of course in the Congress the government conservationists’ methods of dous amount of economic grief,’’ he said. assisted in doing that by the extremely tal- measuring scallops were wrong. ‘‘The societal grief won’t be realized until ented and dedicated people we are lucky The underwater camera, in addition to these contemplated cuts (in the fishing ef- enough to have on our staffs, but we are also being able to count scallops not caught in fort) take place.’’

VerDate Mar 15 2010 11:51 Jun 09, 2011 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 0634 E:\BR09\E07JA9.000 E07JA9 erowe on DSK5CLS3C1PROD with BOUND RECORD January 7, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 1 289 People will be displaced from their jobs reational fishing boat where he and Susan believe that the United States has a central and end up on government ‘‘welfare,’’ de- fish for local fish that make good eating: part to play and must return to an active and pendent on the taxpayers, he said. stripers, fluke and whatever else in local wa- engaged role as mediator between Israel and In addition to his professional fields of ex- ters that might taste good. pertise, Dr. Rothschild is an active advocate His wife, like himself, loves fishing and the Palestinian people. for area fisheries and his research on impor- ocean studies so it makes for an interesting The solution to the Israeli-Palestinian con- tant government and quasi-government crew, he said, the dry sense of humor he’s flict is also a regional one, and it is high time boards and commissions. He worked for the well known for coming through. that all countries in the neighborhood play an National Oceanic and Atmospheric Adminis- Dr. Rothschild said he hopes his New Bed- active role in supporting a two state solution. tration in the 1970s as a senior policy adviser ford legacy will be the use of ocean science The aspirations of the Palestinian people and so he well understands how the regulatory to continue the revival of the fishing indus- of their Israeli neighbors will continue to be bureaucracy works. try, and he hopes that SMAST can continue undermined if Iran and Syria continue to fun- Presently, he chairs New Bedford’s Ocean to build the quality of its faculty so it be- and Fisheries Council (an advocacy group for comes one of the nation’s elite marine nel support for terrorist groups who kill inno- the city’s fishing interests), co-directs the science schools. cent civilians and challenge the aspirations of Massachusetts Marine Fisheries Institute (a It may be, however, that Dr. Rothschild’s moderates. research partnership between UMass Dart- biggest legacy will be tied to the people of Just like we in our country would and have mouth and the state Division of Marine Fish- New Bedford themselves. responded to a terrorist attack on our soil, I eries) and chairs the Scientific and Statis- He admits that his survey is unscientific fully support the right of Israel to defend its tical Committee of the Mid-Atlantic Fish- but he says the city has changed since 1995 people against rockets launched by Hamas. eries Management Council. when he first arrived, sailing his own boat Hamas has fired more than 6,300 rockets and The goal is to bring fishing regulations from Maryland to the city, passing more into line with statistics that better re- Cuttyhunk and then finally coming up a mortars at Israeli population centers since flect ocean science, including in the econom- foggy Acushnet River. Israel withdrew from Gaza in 2005. No country ics of the fisheries, he said. ‘‘When I moved here, the houses were, in can endure such actions. Hamas had an op- ‘‘One measure of performance is over- general, in a state of disrepair. The economy portunity to govern the Gaza strip and work fishing, another is optimal yield (of fish), an- looked bleak,’’ he said. ‘‘As the economy and with Israel to meet the needs of the Pales- other is minimal angst among the people the fish auction developed, the community tinian people when Israel withdrew from Gaza that are regulated,’’ he said. ‘‘I think we seemed brighter and better furbished and in August 2005. Instead of renouncing its goal could do a much better job so we need to in- more prosperous.’’ to eliminate the Israeli state and provide true crease the dialogue with the agency. (That’s) That’s not a bad legacy, for an ocean sci- a step that Barney Frank and the mayor and entist who sees local fishermen as part of the leadership for the Palestinian people, Hamas I have been involved in.’’ sea’s ecology. chose violence and most recently broke the Congressman Frank, who along with Sens. f cease-fire which Egypt had brokered. John Kerry and Edward Kennedy, has long Fatah in the West Bank and Palestinian advocated for the city’s interests in Wash- INTRODUCTION OF THE MOUNT moderates have shown the way by growing ington, said Dr. Rothschild has been very MCKINLEY NAME ACT the economy there. Moderates on both sides helpful in making the scallop industry more will find lasting solutions which must then be successful. ‘‘The beauty of Brian is that he knows the HON. TIM RYAN actively supported by our new administration, scene better than anybody else,’’ he said. OF OHIO the region and our European allies. Until that Dr. Rothschild’s reputation as a scientist IN THE HOUSE OF REPRESENTATIVES time when all parties can return to the negoti- has given his studies credibility with the fed- ating table, I urge Israel to keep its operation eral government, said Mayor Lang. Wednesday, January 7, 2009 focused on its core goal of eliminating the mili- A former professor at the state universities Mr. RYAN of Ohio. Madam Speaker, Rep- tary threat posed by Hamas while protecting of Maryland and Washington, Brian Roth- schild is the author of nearly 100 papers and resentative BETTY SUTTON and I offer the at- the lives of civilians who must be Israel’s part- books and is an acknowledged expert in fish tached bill, on behalf of the now-retired Con- ners in the future. population dynamics, biological oceanog- gressman Ralph Regula (R–OH). f raphy, and natural resources policy. Next January 29th brings the birthday of Presi- year, in collaboration with several West dent William McKinley, a native son of Niles, RECOGNIZING LUCIUS YOUNG OF Coast fishery scientists, he will publish a Ohio and a true patriot whose presidency was SPRING HILL, FLORIDA book on the future of fisheries science in tragically ended by assassination. In order to North America. preserve President McKinley’s memory and Mayor Lang calls him the perfect expert on HON. GINNY BROWN-WAITE the Magnusson-Stevenson Act that governs continue to honor him, it is fitting to retain the OF FLORIDA American fisheries. name of North America’s highest point, Mount IN THE HOUSE OF REPRESENTATIVES ‘‘He understands how it relates to species McKinley. Reaching an astounding height of Wednesday, January 7, 2009 and he understands how it relates to human 20,320 feet, Mount McKinley honors this beings,’’ he said. prominent figure who was not only a fallen Ms. GINNY BROWN-WAITE of Florida. Dr. MacCormack noted that even though President but also a Union veteran of the Civil Madam Speaker, I rise today to honor Lucius Dr. Rothschild has an international reputa- War. Mount McKinley has borne the name of Young of Hernando County, Florida. Lucius tion as a scientist, he is completely at home our 25th Commander-in-Chief for over 100 will do something later this year that all of us with the fishermen and fishing boat owners strive to do, but that very few of us will ever on the New Bedford docks. years. We must retain this national landmark’s ‘‘When you see him present a paper to aca- name in order to honor the monumental leg- accomplish, celebrate his 100th birthday. demics, he speaks their language, but he can acy of this great President and patriot. Lucius Young was born May 8, 1909 in Mar- go to the fish auction and speak their lan- f tel, Florida. A native Floridian, Lucius attended guage, too,’’ she said. school at Howard University, Georgetown Uni- Boat owner Rodney Avila gave a similar GAZA versity and Fessenden Academy. He eventu- assessment. ally married Muriel Young and the two did not ‘‘He doesn’t talk down to fishermen, he have any children. While one of his proudest talks with them. That’s important,’’ he said. HON. ELLEN O. TAUSCHER ‘‘He’s a good, all-around man,’’ said Mr. OF CALIFORNIA memories is his high school graduation, he re- Avila. IN THE HOUSE OF REPRESENTATIVES members when his brother earned the title Brian Rothschild has dug deep into New Professor and he was able to address him as Bedford in the 13 years he’s been at UMass Wednesday, January 7, 2009 such. Dartmouth. Mrs. TAUSCHER. Madam Speaker, I am During World War II, Lucius served in the He and his wife, Susan, have refurbished observing the violence unfolding in the Middle Army Infantry, where he met general Douglas one of the long-neglected Victorian houses in East with great concern. My constituents, like MacArthur and heard him make the statement, the city’s West End and he has a studio in the North End where, in his spare time, he many across the nation, are horrified by the ‘‘I shall return.’’ He also met President Franklin builds replicas of 18th century furniture. loss of life that is occurring on top of several D. Roosevelt when he became a special rep- He has traded in the sailboat he first came decades of strife, and yearn for a solution that resentative of the president as a commis- to New Bedford in for a 40-foot ‘‘Novi,’’ a rec- would bring stability to the region. I continue to sioned officer. Lucius said he was also happy

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Authorizing fund- success will serve as part of Sheriff Johnson’s Lucius moved to Hernando County when he ing for the necessary equipment and per- legacy. married his wife Muriel. Today Lucius says sonnel is an essential first step in that proc- On behalf of the people of Georgia’s 3rd that just eating, sleeping and reading give him ess. I urge my colleagues to support this legis- Congressional District, I want to thank Sheriff all the pleasures he needs to be content. He lation. Johnson for his lifetime of service to the peo- likes it here in Hernando County because it’s f ple of Georgia and to Fayette County. He is a clean and quiet. Lucius’ advice for young peo- great American and an inspiration to us all. ple is to study hard in school including sub- HONORING RANDALL JOHNSON Best wishes to Sheriff Johnson and his wife jects you don’t like. Kaye as they enter a new phase of life in re- Madam Speaker, I ask that you join me in HON. LYNN A. WESTMORELAND tirement, a reward that’s richly deserved. honoring Lucius Young for reaching his 100th OF GEORGIA f birthday. I hope we all have the good fortune IN THE HOUSE OF REPRESENTATIVES to live as long as him. RECOGNIZING NANCY PASQUALINO Wednesday, January 7, 2009 f OF SPRING HILL, FLORIDA Mr. WESTMORELAND. Madam Speaker, at INTRODUCING THE CRITICAL the end of 2008, a great Georgia lawman HON. GINNY BROWN-WAITE ELECTION INFRASTRUCTURE turned in his badge to retire after a long, dis- ACT OF 2008 OF FLORIDA tinguished career. IN THE HOUSE OF REPRESENTATIVES Randall Johnson worked for Fayette County HON. ALCEE L. HASTINGS as sheriff for 32 years. At his retirement, he Wednesday, January 7, 2009 OF FLORIDA was one of the longest serving sheriffs in the Ms. GINNY BROWN-WAITE of Florida. IN THE HOUSE OF REPRESENTATIVES state of Georgia. But more important, he was Madam Speaker, I rise today to honor Nancy Wednesday, January 7, 2009 one of the most distinguished sheriffs in Geor- Pasqualino of Hernando County, Florida. Mr. HASTINGS of Florida. Madam Speaker, gia. Nancy has done something that all of us strive I rise today to introduce the Critical Election Sheriff Johnson oversaw the department to do, but that very few of us will ever accom- Infrastructure Act of 2009. during three decades of incredible growth. In plish, celebrate her 101st birthday. This legislation is a necessary and vital in- the 1970s when Johnson first won election to Nancy was born May 12, 1907 in Brooklyn, vestment in our citizens and the future of our the post, the Fayette Sheriff’s Department has New York. Coming from a loving family, Nancy democracy. This bill authorizes $1 billion to less than a dozen employees in a county then grew up and attended school in Brooklyn. She states and local governments over the next considered a rural outpost. By the time he left, did not get married or have any children, but four years for the acquisition of additional vot- the department had transformed into a modern she did have a long career as a bookkeeper ing systems and equipment, improving training law enforcement operation that protected a and office manager at Gucci Shops on 5th Av- of election administration officials, upgrading large suburban county in the booming metro- enue in New York City. While she has not met existing election equipment, and allocating ad- politan Atlanta region. Sheriff Johnson acted any famous people in her life, Nancy said she ditional election administration officials to poll- as a constant, a steady hand and a voice of and her sister Connie are second cousins to ing places serving greater numbers of voters. leadership throughout those times of change. Mother Theresa. This funding is essential to improve efficiency The sheriff’s post fulfilled Johnson’s lifelong Living in Hernando County with Connie, and fairness in the operation of polling places dream. He said at his graduation from Fayette Nancy says that the beautiful weather is what in federal elections. County High School in 1960 that he was going drew her to this area of Florida. Still active in President Dwight Eisenhower once said, to be sheriff one day. He got his start in law the community, she is still driving her car and ‘‘The future of this republic is in the hands of enforcement working for the state of Georgia, has recently renewed her driver’s license. She the American voter.’’ In the 2008 Presidential busting moonshine operations along the mul- enjoys the company of her sister and likes to election, an astounding 130 million people titude of Georgia’s creeks and streams. As read literature. Nancy’s advice to young peo- voted and, even more exciting, an unprece- testament to the depth of respect he holds in ple today is that they should always listen to dented number of youth and minorities lined the community, some of those moonshiners their parents. up at the polls to participate in the electoral he arrested decades ago showed up at his re- Madam Speaker, I ask that you join me in process, many for the first time. While this in- tirement party to wish him well. honoring Nancy Pasqualino for reaching her creased turnout is emblematic of our nation’s During my two decades in politics, I’ve seen 101st birthday. I hope we all have the good commitment to our future, in some parts of the a lot of politicians come and go. Most are fortune to live as long as her. country it caused undue difficulties. quickly forgotten. It is the rare public official f For example, throughout South Florida and who holds the job for three decades. It is even elsewhere in the country, hundreds of thou- rarer that one constantly maintains the integ- BIPARTISAN CONGRESSIONAL DEL- sands of voters found themselves waiting on rity, dignity and honesty that Sheriff Johnson EGATION TO NATO PARLIAMEN- interminable lines, sometimes for over five demonstrated in office. TARY ASSEMBLY MEETINGS hours. Five hours! Forced to stand in the heat I’m well aware that, as I enter my third term and during Florida’s famous afternoon thun- in the U.S. House of Representatives, I owe a HON. JOHN S. TANNER derstorms with little food and water, voters are large debt to Sheriff Johnson. I got my start in OF TENNESSEE to be commended for their civic commitment. politics in Fayette County as a state represent- IN THE HOUSE OF REPRESENTATIVES But American citizens should not have to face ative. No one in the county back then won of- Wednesday, January 7, 2009 such difficulties when exercising their sacred fice without the express consent of Sheriff right to vote. Johnson. His support was the Good House- Mr. TANNER. Madam Speaker, during the Election officials simply did not have enough keeping Seal of Approval for any local cam- period November 10–November 18, I led a bi- equipment and trained personnel on the paign. He carried great weight not because he partisan House delegation to NATO Par- ground to speedily and effectively handle such carried the proverbial big stick but because he liamentary Assembly, NPA, meetings in Valen- large numbers of voters. Clearly what is need- had earned the people’s trust and respect. His cia, Spain and to additional meetings in Rome ed is more: more polling booths, more trained loyalty and backing through all these years and Florence, Italy. The co-chair of the NPA workers, more equipment, and more polling lo- humbles me. delegation was the Hon. JOHN SHIMKUS. The cations and facilities to handle increasing In Fayette County, ‘‘sheriff and Randall delegation also included Representatives JO numbers of voters. Johnson’’ are synonymous. When he entered ANN EMERSON, DENNIS MOORE, JOHN Madam Speaker, voting should not be a a room, everybody knew the sheriff had ar- BOOZMAN, BARON HILL, KENDRICK MEEK, right granted only to those who can stand in rived—even if he wasn’t wearing his uniform. CHARLES MELANCON, CAROLYN MCCARTHY,

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MELISSA BEAN, JEFF MILLER, MIKE ROSS, DAVID conduct relations with Europe in general and possible NATO political engagement with Iran. SCOTT and staff. The NPA delegation had a with NATO in particular. Questions over the in- When Mr. ROSS was unable to present his highly successful trip in which a wide range of coming Administration’s views on Afghanistan, paper to the Committee, Representative political, economic and security issues on Iran and missile defense were on everyone’s CAROLYN MCCARTHY stepped in and made the NATO’s agenda, as well as issues involving agenda. A highlight of the session was a letter presentation. The report was well received. the U.S.-Italy bi-lateral relationship, were ex- that President-elect Obama had written to out- Representative BEN CHANDLER serves as a amined. going NPA President Jose Lello of Portugal vice-chairman on this Committee and during The NATO Parliamentary Assembly, NPA, pledging to work with NATO and the NPA dur- the session, Representative CAROLYN MCCAR- consists of parliamentarians from all 26 NATO ing the Obama administration. THY was elected to serve as a Subcommittee member states. The NPA provides a unique Before the opening sessions of the Assem- vice-chairperson. forum for elected officials to analyze and de- bly’s plenary the U.S. delegation received a The Defense and Security Committee heard bate issues that the NATO leadership dis- detailed briefing from Ambassador Kurt Volker, two reports on NATO’s ongoing operations, in- cusses in Brussels. In addition to the 26 mem- the U.S. representative to NATO. He very ably cluding the ISAF mission in Afghanistan and ber parliaments, parliamentarians from coun- prepared us for the nuances involved in some on the contributions non-NATO states were tries such as Russia, Georgia, Croatia, and Af- of the issues that would be debated during the making to NATO operations. The Committee ghanistan also participated in the sessions as NPA sessions, particularly regarding Russia also received a report on NATO’s future capa- associate states or observers and engaged in and whether NATO should offer a Membership bility requirements. During the session, the the discussions and debates. Through these Action Plan to Georgia. In addition to the brief- Committee received presentations from the sessions, delegates have the opportunity to ing by Ambassador Volker, various members Minister of Defense of Spain, and the Defense learn first-hand the views and concerns that of our delegation held private meetings with Minister of Georgia. Representative TAUSCHER other countries have over the key security NATO Secretary General Jaap de Hoop is a vice-chair of one of the Committee’s sub- issues of the day. An invaluable aspect of the Scheffer, who gave an overview of member committees. meetings is the chance to meet and come to state perspectives on the most controversial The Science and Technology Committee know members of parliaments who play impor- issues confronting the alliance; he later ad- heard reports on energy security, reducing tant roles in their own countries in shaping the dressed the NPA’s plenary session. The For- global nuclear threats, and on missile defense. security agenda that their governments pursue eign Minister of Spain, who also addressed Representative DAVID SCOTT was very en- at NATO. These contacts can endure through the plenary, briefed several of our Members. gaged on the issue of energy security and a career, and can provide an invaluable pri- And, we met with General Bantz John was successful in offering three amendments vate avenue for insights into each ally’s par- Craddock, Supreme Allied Commander for Eu- to the resolution proposed on energy and se- ticular views on an issue. rope who covered a wide range of issues, in- curity. As NATO approaches its 60th anniversary cluding the situation in Afghanistan. I also had The Committee on the Civil Dimension of summit in April 2009, the key issues on the the opportunity to attend a private meeting Security also heard a report on energy secu- agenda of the Alliance include the broader with Mikheil Saakashvili, President of Georgia rity and the protection of energy infrastructure, issue of the future of NATO and more specific who recounted the August conflict between his along with reports on Kosovo and the future issues including relations with Russia, energy country and Russia and what Georgia faces stability in the Balkans, and democracy and security, missile defense, the conflict in Af- today with respect to reconstruction of the security in Central Asia. The Committee also ghanistan, and emerging threats, such as pi- country. heard presentations on the Balkans and Cen- racy. Each of these issues was on vigorous Over two days of the NPA session, intense tral Asia. display at the NPA meetings. The conflict be- meetings of the NPA committees took place. On Tuesday, the final day of the plenary, tween Russia and Georgia that played out this There are five NPA committees. In each, par- the general assembly debated and approved a past August was the one issue that dominated liamentarians presented reports on issues be- resolution on relations with Russia. The con- the Valencia sessions. Many members of the fore the alliance. The reports were debated by sensus view was that NATO and Russia Alliance expressed concern that Russia has all members of the committee who often made should resume their dialogue and continue to begun to implement an increasingly assertive counter-arguments or suggestions for amend- find ways to cooperate with each other on crit- security policy including efforts to intimidate ing a report. Members of our delegation were ical issues. Also on Tuesday, the Assembly neighboring states, through the threat of force. present in each committee meeting. elected new officers to serve during 2009. I There was also continued concern that Russia I chaired the Economics and Security Com- had the honor of being elected President of would use its energy supplies as a political mittee, which heard reports on reconstruction the Assembly and look forward to an inter- lever to influence European policy. It was clear efforts in Afghanistan, on Russia’s economy, esting and productive year. from our meetings that not only the United and on economic developments in India. Rep- Prior to arriving in Valencia for the NPA Ple- States and NATO, but the European Union as resentative BOOZMAN was the co-rapporteur of nary, the delegation traveled to Italy on No- well, are concerned about Moscow’s posture this last report, which he very ably presented, vember 10–13 for bi-lateral meetings in Rome on a wide range of issues. There were, how- and which generated an interesting discus- and Florence. In Rome, the delegation re- ever, differences of opinion over how to struc- sion. The Committee also heard an interesting ceived a briefing by U.S. Charge d’Affairs, ture future relations between NATO and Rus- presentation by Rodrigo Rato, former man- Barbara Leaf and Embassy staff on current re- sia as well as the NPA and the Russian dele- aging director of the International Monetary lations between Italy and the United States gates to the Assembly. While the consensus Fund who spoke on the impact of the current that continue to be strong. After the briefing, among the delegates was that dialogue be- global financial crisis. The Committee also the delegation, in honor of Veterans Day, trav- tween NATO and the NPA and Russia was heard from Lt. Gen. Karl Eikenberry, former eled to the Sicily-Rome Cemetery in the town important and should continue, there were head of the military command in Afghanistan of Nettuno, just outside the city of Anzio. calls for the NPA to take some action against who spoke on the nexus between security and During the Second World War, the critical the Russian delegation as a show of dis- development in Afghanistan. Italian campaign was launched in Sicily and pleasure over Russia’s conduct in Georgia. As The Political Committee heard several re- proceeded up the coast of Italy. The delega- a result, the Assembly, at large, adopted a se- ports that touched off sometimes animated de- tion visited the resting place of almost 8,000 ries of measures limiting, for now, the partici- bates. Most notable were the reports on U.S. soldiers, sailors, and airmen who died in pation of the Russian delegation. These meas- NATO’s future political agenda and NATO’s the liberation of Sicily and in the landings at ures included, among others, the downsizing partnerships that included a lengthy discussion Salerno and Anzio. The beautiful cemetery is of the Russian delegation and the suspension on the recent Russia-Georgia conflict and the managed by the U.S. American Battle Monu- of Russian participation in Committee and future of Georgia’s membership in NATO. ments Commission. Together, the members of Sub-committee visits and the Transatlantic There were significant differences of opinion the delegation laid a wreath at the cemetery’s Forum. on who actually was responsible for starting central monument, ‘‘Brothers in Arms.’’ Mem- In addition to these issues, many of the the war in Georgia and whether to grant Geor- bers of the delegation also visited individual NPA delegates were extremely interested in gia a Membership Action Plan for eventual graves of fallen soldiers from their states to the outcome of the U.S. Presidential elections membership in NATO. U.S. Representative place a rose in memory of those servicemen. and how the incoming administration would MIKE ROSS was a rapporteur for a report on a This was perhaps the most memorable and

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Ellyn is no stranger to the House of Stephen recently returned from a tour in Iraq. servicemen who gave their lives in Italy. Representatives where she served for several As Kay can attest, the holidays are an ex- Upon our return to Rome, the delegation years as the chief of staff to our colleague, tremely difficult and trying time for military visited the NATO Defense College for a tour JOSE´ SERRANO. families which is why this generous gift is so and briefing by the College Commandant, Lt. Madam Speaker, the NATO Parliamentary timely. Gen. Wolf-Dieter Loeser. The College was Assembly provides a unique opportunity for created in 1951 at the suggestion of General Members of Congress to engage in serious f Dwight Eisenhower who argued that military discussions on critical issues with our col- officers from the newly created NATO Alliance leagues from other NATO member states. I HONORING JADE MOORE; THERE ‘‘needed an establishment where they could believe our delegation, and thus this Con- WAS NO BETTER FRIEND OF meet and learn to operate together.’’ The gress, benefits greatly from the information we TEACHERS Commandant briefed us on the work taking exchange and the personalities we meet dur- place at the College and the issues currently ing these meetings. I look forward to a very under discussion in the fall curriculum. We productive Assembly during 2009. HON. C.W. BILL YOUNG also had the opportunity to meet several U.S. In conclusion, I would like to acknowledge OF FLORIDA military personnel attending the Senior the hard work and dedication of our Embassy IN THE HOUSE OF REPRESENTATIVES Course. staff in Rome and Madrid, our Consular serv- Following the visit to the Defense College, ices in Florence and our entire military escort Wednesday, January 7, 2009 the delegation visited the Italian Ministry of group from the United States Air Force, includ- Mr. YOUNG of Florida. Madam Speaker, Defense. We were briefed by the Deputy Min- ing the pilots who took us to Europe and back Pinellas County, Florida lost one of the pillars ister of Defense Crosetto and the head of the for the NPA sessions. Our diplomatic corps of our community and our teachers lost their Italian General Staff, General Camporini who and military personnel provide a quiet but in- greatest advocate December 16th with the gave us an overview of the numerous oper- valuable service in ensuring safety and an effi- passing of Jade Moore. ations that the Italian military were currently cient schedule for U.S. congressional delega- Jade served for 34 years as Executive Di- engaged in. Italy has approximately 8,000 tions, and this group of diplomats, servicemen rector of the Pinellas Classroom Teachers As- troops stationed abroad, including 2,200 in the and women was no exception. I thank them sociation. In that role, he was the champion ISAF mission in Afghanistan, 2,500 in Leb- for their hard work and their dedication to for teachers, but he was also the champion for anon, and 83 engaged in training the Iraqi Na- duty. tional Police. This meeting provided a precise, the students they taught. f focused discussion of how Italy is contributing Jade Moore was a tough but fair negotiator, to the global security mission. TRIBUTE TO MUNSON’S one who earned the trust and respect of all Also in Rome, the delegation was hosted at CHOCOLATES those with whom he came in touch. He grew a working lunch by Senator Sergio Di up in Pinellas County and was a product of Gregorio, President of the Italian delegation to HON. JOE COURTNEY Pinellas County schools, having graduated the NATO Parliamentary Assembly. We had a OF CONNECTICUT from Clearwater High School. very animated discussion on issues ranging IN THE HOUSE OF REPRESENTATIVES His advice was eagerly sought not just by from the U.S. presidential elections, to Afghan- Wednesday, January 7, 2009 this Congressman but by Governors, legisla- istan, to Russia and energy security. At the tors, school board members and community Mr. COURTNEY. Madam Speaker, I rise time of our visit, the Italian Senate was in the leaders. And it was just not advice on edu- today to honor Bob Munson and the employ- middle of a debate on their defense budget. cational issues. In fact, Jade was just com- ees of Munson’s Chocolates which is With the global economic crisis affecting ev- pleting a difficult term as the Governor’s ap- eryone, Senator Di Gregorio told us that the headquartered in Bolton, Connecticut. During the recent holiday season, I had the pointee to the Florida Taxation and Budget defense budget for next year would be less Review Commission. than 1 percent of the Italian GDP. As a result, privilege of visiting Iraq and Afghanistan with More than 700 people turned out this past we were told it was unlikely that Italy could do a Congressional Delegation led by Represent- Saturday to memorialize Jade Moore and pay much more in Afghanistan. Following our ative GENE TAYLOR of Mississippi and wit- tribute to his life as a husband, a father, an meeting at the Senate, the delegation met with nessed first hand the important work being educator, a community leader, a Sunday Mr. Gianni Letta, Under Secretary of the done by the men and women of our armed school teacher, and a friend to many. Fol- Council of Ministers and close advisor to forces. Our group spent time meeting with ci- lowing my remarks, I will include an article Prime Minister Berlusconi. Mr. Letta covered a vilian and military leaders serving on the ‘‘Boisterous and Fitting Farewell’’ by Thomas range of issues but spent some time address- ground in each country. The holidays are al- ing the impact of the global financial crisis on ways a difficult time for the men and women Tobin and Donna Winchester of The St. Pe- Italy. of the armed forces as they are away from tersburg Times on January 4, 2009 which On November 13, the delegation traveled to their loved ones. One of the things that they talks about the very moving and uplifting me- Florence. We were met by U.S. Consul Gen- will tell you makes this time of year a little morial service. Also, I will include a December eral Mary Ellen Countryman who briefed the easier is to enjoy some of the comforts of 20, 2008 column by Jon East of The St. Pe- delegation on the work the Consulate does in home. tersburg Times which describes Jade as a Tuscany and the surrounding region. Tuscany Thanks to Bob Munson, President of tough but friendly advocate. As Mr. East says is home to several thousand U.S. citizens, re- Munson’s Chocolates of Bolton, the men and in concluding his column, Jade Moore ‘‘hon- tired, employed, or students studying abroad. women of the 890th Engineer Battalion and estly believed in saving one soul, one child, at While in Florence we also visited the Euro- the 926th Engineer Brigade, Multi-National Di- a time.’’ pean University Institute which operates a vision currently serving in Baghdad were able Madam Speaker, at a time when our Nation campus comprising doctoral students from all to enjoy a sweet reminder of home. A few looks to its elected leaders to come together over Europe. We were warmly welcomed by days before Christmas Congressman TAYLOR and put politics aside to do the people’s busi- EUI President Yves Menv, faculty and stu- arranged for 2,000 pounds of shrimp gumbo to ness, Jade Moore should be an enduring ex- dents. A lively discussion followed on the U.S. be served to the battalion and Munson’s do- ample of how we can serve our constituencies elections and their impact on transatlantic rela- nated almost 600 Connecticut made chocolate and express our views with respect rather tions, the differences between the European bars for dessert. This gift is just another exam- than conflict. We have lost a great leader in and U.S. views of the world, and the future ple of the generosity of the Munson family, Jade Moore, but we must not lose those les- role of NATO, relations with Russia, and the who for generations has been active sup- sons from a lifetime of leadership he leaves conflicts in Iraq and Afghanistan. porters of the military community. behind.

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