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

Vol. 156 WASHINGTON, TUESDAY, MARCH 2, 2010 No. 28 House of Representatives The House met at 12:30 p.m. and was wants the warfighter to be having to salary reduction for Members since called to order by the Speaker. fly 80- and 90-year-old tankers. I under- April 1, 1933, in the heart of the Great f stand that the Air Force would need its Depression. procurement budget plussed up because Restoring fiscal discipline in Wash- MORNING-HOUR DEBATE they currently are expecting only to be ington will require some difficult deci- The SPEAKER. Pursuant to the able to afford 15 tankers per year. I sions, and every agency has to do their order of the House of January 6, 2009, think the President could take some of part. Congress needs to lead by exam- the Chair will now recognize Members the stimulus funds, which were osten- ple to get the job done by taking ac- from lists submitted by the majority sibly to be used for job creation, move tion, and not just by making speeches. and minority leaders for morning-hour that to the Air Force’s budget so that With this change we are fighting to debate. we could, instead of having 15 per year, change the culture in Washington and f have 24 per year, which would allow beginning to make the tough choices it DUAL PROCUREMENT OF TANKERS each company to produce 12 tankers takes to cut waste and find savings. It per year. will be an important step toward bring- The SPEAKER. The Chair recognizes This would create an immediate in- ing back real fiscal responsibility. the gentleman from Alabama (Mr. ROG- flux of new jobs not just in the tanker We are facing historic challenges. It ERS) for 2 minutes. Mr. ROGERS of Alabama. Thank procurement, but also in the sur- will take historic action to address you, Madam Speaker. rounding supplier industries and in the them. I urge my colleagues to join me I rise today to talk about what I communities. This would be an eco- in acknowledging the problem and tak- think is the most important issue in nomic engine in the various States ing responsibility for fixing it. America, and that is jobs, specifically that this production would take place. f It would be good for the warfighter, something that this administration EXPORTS PROMOTION can do quickly to help alleviate our good for our economy, good for Amer- jobs problem. Many people in this ican jobs. The President ought to do it. The SPEAKER pro tempore. The country recognize that there has been Mr. President, it is about jobs. I urge Chair recognizes the gentleman from a debate in Congress for the last few you to focus on this issue. Washington (Mr. LARSEN) for 5 min- years about how to replace our aging f utes. tanker fleet in the Air Force. We have Mr. LARSEN of Washington. Madam TAKING RESPONSIBILITY FOR Speaker, trade creates jobs. In my tankers that are over 50 years old and CONGRESSIONAL PAY ACT need to be replaced now. We have had a home State of Washington, one in competition for the contract to replace The SPEAKER pro tempore (Ms. ED- three jobs is dependent on foreign those tankers ongoing for years that WARDS of Maryland). The Chair recog- trade. So as Congress continues to has been nothing but bureaucratic. nizes the gentlewoman from Arizona focus on ways to create jobs, we must What I would like to urge the Presi- (Mrs. KIRKPATRICK) for 5 minutes. help American businesses export their dent to do is instruct his Defense De- Mrs. KIRKPATRICK of Arizona. products and services. partment to consider something that Madam Speaker, every day this coun- This weekend I will travel to my own our late colleague Mr. Murtha sup- try is falling deeper in debt. Today we district to visit companies who have ported, and that was dual procurement owe more than $12.4 trillion, and by partnered with Federal programs to in- of these tankers. We can take the two 2016 our debt could be as much as $20 crease exports and create jobs. Western major prime contractors, Boeing and trillion. After more than a decade of Chemical, for instance, a small busi- Northrop Grumman, and allow both of mistakes and neglect by both parties, ness in Ferndale, is a leader in fish them to proceed with tanker produc- Washington can no longer afford to ig- health products and biosecurity sup- tion to do a couple things: One, to im- nore this issue. plies. It recently received $500,000 in fi- mediately have an injection of jobs It is time for Congress to get serious nancing from the Export-Import Bank. into the country, a bigger injection about getting Federal spending under By utilizing the Ex-Im Bank, Western than we would have had by sole source control. We should start with our own Chemical is able to maintain cash flow, procurement, but also we would more salaries. Today I am introducing the export their products, and protect the rapidly then get the fleet of tankers re- Taking Responsibility for Congres- jobs at their Ferndale location. placed. sional Pay Act, which will cut pay for Exports drive Washington State’s Under the current construct, it would Members of the House and the Senate economy, accounting for over 30 per- take 40 years. I don’t think anybody by 5 percent. This would be the first cent of economic growth over the past

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

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VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.000 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H974 CONGRESSIONAL RECORD — HOUSE March 2, 2010 decade in our State, and contributing bile, Alabama, offered the following With best wishes, I am to almost half of the new jobs created prayer: Sincerely, over the past 30 years in our State. So Our Lord God, we give You our praise LORRAINE C. MILLER, the recent establishment of the Na- for being so faithful and trustworthy. Clerk of the House. tional Export Initiative, setting a goal We give You our gratitude for dis- to double U.S. exports in the next 5 playing to us Your awesome presence f years, is a step in the right direction. in a very powerful way. We ask for By finally utilizing the resources from Your wisdom to be given to each con- CONTINUATION OF THE NATIONAL the Department of Agriculture, the gressman and congresswoman in their EMERGENCY WITH RESPECT TO U.S. Trade Rep’s office, the Depart- deliberations today. Give them a com- ZIMBABWE—MESSAGE FROM THE ment of Commerce, the Ex-Im Bank, passionate heart, humility and discern- PRESIDENT OF THE UNITED and the Department of Energy, the ad- ment, and may we sense a unity STATES (H. DOC. NO. 111–96) ministration has made it a priority to through Your unfailing love. The SPEAKER pro tempore laid be- help farmers and small businesses in- We pray for the men and women in fore the House the following message crease their exports and create 2 mil- our military. Shield them from all dan- from the President of the United lion new jobs here at home. gers and give them the assurance of States; which was read and, together Now, we in Congress must provide Your guidance and strength so that with the accompanying papers, referred the resources to help them do just they may safely return home to their to the Committee on Foreign Affairs that. First, we should support the ef- loved ones. Give comfort to our wound- and ordered to be printed: ed warriors in body, mind, and spirit. fort to hire trade experts to serve as To the Congress of the United States: Comfort those who are now grieving advocates for U.S. companies and as- Section 202(d) of the National Emer- the loss of their loved ones. sist the more than 23,000 American gencies Act (50 U.S.C. 1622(d)) provides Bless all our veterans and military companies who are trading to begin or for the automatic termination of a na- organizations who serve from their grow their export sales in 2011. tional emergency unless, prior to the However, we must not forget that the hearts. Strengthen us in heart, mind, anniversary date of its declaration, the engine that drives our economy is and spirit as we serve You, our God, President publishes in the Federal Reg- small business, and that over the last and our beloved Nation. Amen. ister and transmits to the Congress a two decades small- and medium-sized f notice stating that the emergency is to businesses have accounted for almost THE JOURNAL continue in effect beyond the anniver- 65 percent of new jobs created here in sary date. In accordance with this pro- the U.S. Last year I introduced legisla- The SPEAKER pro tempore. The vision, I have sent to the Federal Reg- tion that directs the Department of Chair has examined the Journal of the ister for publication the enclosed no- Commerce to assist these SMEs in ex- last day’s proceedings and announces tice stating that the national emer- porting their products, particularly to to the House her approval thereof. Pursuant to clause 1, rule I, the Jour- gency with respect to the actions and developing economies like China. From nal stands approved. policies of certain members of the Gov- 2000 to 2007, Washington State exports ernment of Zimbabwe and other per- to China grew by 406 percent. This cre- f sons to undermine Zimbabwe’s demo- ated jobs in sectors likes transpor- PLEDGE OF ALLEGIANCE cratic processes or institutions is to tation equipment, crop production, and The SPEAKER pro tempore. Will the continue in effect beyond March 6, 2010. even processed foods. I know that the gentleman from Texas (Mr. POE) come The crisis constituted by the actions U.S. Trade Rep’s office has launched an forward and lead the House in the and policies of certain members of the initiative specifically aimed at increas- Pledge of Allegiance. Government of Zimbabwe and other ing exports by small- and medium-sized Mr. POE of Texas led the Pledge of persons to undermine Zimbabwe’s firms here in the U.S. I stand ready to Allegiance as follows: democratic processes or institutions help. I pledge allegiance to the Flag of the has not been resolved. These actions Lastly, our farmers will benefit as United States of America, and to the Repub- well. For every $1 billion in ag exports, lic for which it stands, one nation under God, and policies continue to pose an un- 9,000 jobs are created, and $1.4 billion in indivisible, with liberty and justice for all. usual and extraordinary threat to the economic activity is generated. Our f foreign policy of the United States. For these reasons, I have determined that farmers, our small business owners ANNOUNCEMENT BY THE SPEAKER it is necessary to continue this na- want to export their products and serv- PRO TEMPORE ices. They want to create jobs here in tional emergency and to maintain in The SPEAKER pro tempore. Under force the sanctions to respond to this the United States. I am urging my col- clause 5(d) of rule XX, the Chair an- leagues to help them do this by sup- threat. nounces to the House that, in light of BARACK OBAMA. porting the National Export Initiative, the resignation of the gentleman from which will in turn create jobs and THE WHITE HOUSE, February 26, 2010. Hawaii (Mr. ABERCROMBIE), the whole launch us on a path towards long-term number of the House is 432. f economic growth. f f COMMUNICATION FROM THE COMMUNICATION FROM THE RECESS CLERK OF THE HOUSE CLERK OF THE HOUSE The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore laid be- The SPEAKER pro tempore laid be- ant to clause 12(a) of rule I, the Chair fore the House the following commu- fore the House the following commu- declares the House in recess until 2 nication from the Clerk of the House of nication from the Clerk of the House of p.m. today. Accordingly (at 12 o’clock and 42 Representatives: Representatives: minutes p.m.), the House stood in re- OFFICE OF THE CLERK, OFFICE OF THE CLERK, cess until 2 p.m. HOUSE OF REPRESENTATIVES, HOUSE OF REPRESENTATIVES, Washington, DC, March 1, 2010. Washington, DC, March 1, 2010. f Hon. NANCY PELOSI, Hon. NANCY PELOSI, b 1400 The Speaker, House of Representatives, The Speaker, House of Representatives, AFTER RECESS Washington, DC 20515 Washington, DC. DEAR MADAM SPEAKER: Pursuant to the DEAR MADAM SPEAKER: Pursuant to the The recess having expired, the House permission granted in Clause 2(h) of Rule II permission granted in Clause 2(h) of Rule II was called to order by the Speaker pro of the Rules of the U.S. House of Representa- of the Rules of the U.S. House of Representa- tempore (Ms. MARKEY of Colorado) at 2 tives, I have the honor to transmit a sealed tives, I have the honor to transmit a sealed p.m. envelope received from the White House on envelope received from the White House on f Monday, March 1, 2010 at 2:15 p.m., and said Monday, March 1, 2010 at 2:15 p.m., and said PRAYER to contain a message from the President to contain a message from the President whereby he transmits a report to the Con- whereby he transmits a message to the Con- Chaplain John Beaver, National gress regarding the National Emergency gress regarding a proposed Constitution for Chaplain of the American Legion, Mo- with respect to Zimbabwe. the United States Virgin Islands.

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.002 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H975 With best wishes, I am of Justice, with which the Department against Mexico. In 1836, General Sam Sincerely, of the Interior concurs. I believe that and the boys successfully led the LORRAINE C. MILLER, the analysis provided by the Depart- Texi’ans at the Battle of San Jacinto Clerk of the House. ment of Justice warrants careful atten- against Mexico, and Texas became a f tion. free and independent nation. CONSTITUTION FOR THE UNITED I commend the electorate of the Vir- Sam Houston was president of the STATES VIRGIN ISLANDS—MES- gin Islands and its governmental rep- Republic of Texas, and 9 years later, SAGE FROM THE PRESIDENT OF resentatives in their continuing com- when Texas joined the Union, he be- THE UNITED STATES mitment to increasing self-government came Governor and then a U.S. Sen- and the rule of law. ator. He is the only person in United The SPEAKER pro tempore laid be- States history to have served as a Gov- fore the House the following message BARACK OBAMA. THE WHITE HOUSE, February 26, 2010. ernor and a Member of Congress from from the President of the United f two States. The City of Houston and States, which was read and referred to one of my grandsons, Barrett Houston, the Committee on Natural Resources: RECONCILIATION—DEMOCRATS is named in his honor. To the Congress of the United States: CONSIDER MANEUVERS TO PASS And that’s just the way it is. GOVERNMENT TAKEOVER OF In accordance with the requirements f of Public Law 94–584 (the ‘‘Act’’), I HEALTH CARE HAZARDS BILL REAUTHORIZATION hereby transmit to the Congress a pro- (Mr. WILSON of South Carolina posed constitution for the United asked and was given permission to ad- (Mr. SMITH of Nebraska asked and States Virgin Islands (USVI). The con- dress the House for 1 minute and to re- was given permission to address the stitution, drafted by the Fifth Con- vise and extend his remarks.) House for 1 minute and to revise and stitutional Convention of the United Mr. WILSON of South Carolina. extend his remarks.) States Virgin Islands, was submitted to Madam Speaker, a government take- Mr. SMITH of Nebraska. Madam me on December 31, 2009, by Governor over of health care was rushed to hap- Speaker, I rise today in support of H.R. John P. deJongh, United States Virgin pen last July, but during overflowing 3820, the Natural Hazards Risk Reduc- Islands. In submitting the proposed town hall meetings and then in Vir- tion Act of 2009, which we will be tak- constitution, Governor deJongh ex- ginia, Massachusetts and New Jersey, ing up later today. This legislation reauthorizes and pressed his concerns about several pro- the American people made it perfectly amends the National Earthquake Haz- visions of the proposed constitution, clear that a Big Government takeover ards Reduction Act and the National but he also expressed his hope that the of health care is not an option. Windstorm Impact Reduction Act, en- people of the United States Virgin Is- Almost a year later, this message un- suring agencies as diverse as FEMA, lands continue to ‘‘move ahead towards fortunately hasn’t been received by the the U.S. Geological Survey, and the [their] goal of increased local govern- liberal majority. Instead of working National Institute of Science and Tech- mental autonomy.’’ across the aisle and reforming the bill nology have continuing appropriate au- The Act requires that I submit this to include less government and more thorizations to research the causes and proposed constitution to the Congress, commonsense bipartisan principles, forecasting of natural disasters, as well along with my comments. The Con- liberal leaders are talking about bend- as ways to limit their negative impact. gress then has 60 days to amend, mod- ing the rules and rushing this by way The recent earthquakes in Haiti and ify, or approve the proposed constitu- of a process called reconciliation. This Chile have certainly demonstrated the tion. If approved, or approved with is a legislative maneuver that requires importance of developing improved modification, the constitution will be fewer votes than the regular process. methods of predicting and mitigating submitted for a referendum in the Vir- So the American people should listen natural disasters. The contrast in out- gin Islands for acceptance or rejection this afternoon. The liberal majority comes between these two quakes has by the people. knows the American people do not also demonstrated the clear benefit of In carrying out my responsibilities want this bill. They are left with a preparedness and scientifically based pursuant to the Act, I asked the De- tricky maneuver that ignores what building codes in containing casualties partment of Justice, in consultation people have been fighting for and say- from a major disaster, if not the eco- with the Department of the Interior, to ing since last summer. I urge citizens provide its views of the proposed con- nomic losses. to make their voices heard. Nearly every part of the United stitution. The Department of Justice In conclusion, God bless our troops, States is susceptible to natural disas- concluded that several features of the and we will never forget September the ters in some form or another, and reau- proposed constitution warrant analysis 11th in the global war on terrorism. thorizing the programs in H.R. 3820 will and comment, including: (1) the ab- My sympathy to the family and ensure we remain at the forefront of sence of an express recognition of friends of Charles Hamel of Chapin, this important research. United States sovereignty and the su- South Carolina, a dedicated patriot. f premacy of Federal law; (2) provisions f for a special election on the USVI’s ter- ANNOUNCEMENT BY THE SPEAKER ritorial status; (3) provisions confer- HAPPY BIRTHDAY SAM HOUSTON PRO TEMPORE ring legal advantages on certain groups (Mr. POE of Texas asked and was The SPEAKER pro tempore. Pursu- defined by place and timing of birth, given permission to address the House ant to clause 8 of rule XX, the Chair timing of residency, or ancestry; (4) for 1 minute.) will postpone further proceedings residence requirements for certain of- Mr. POE of Texas. Madam Speaker, it today on motions to suspend the rules fices; (5) provisions guaranteeing legis- is Sam Houston’s birthday. He was on which a recorded vote or the yeas lative representation of certain geo- born in Virginia on March 2, 1793. He and nays are ordered, or on which the graphic areas; (6) provisions addressing lived primarily in Tennessee, but he vote incurs objection under clause 6 of territorial waters and marine re- got to Texas as fast as he could. rule XX. sources; (7) imprecise language in cer- Houston fought with Davy Crockett Record votes on postponed questions tain provisions of the proposed con- and Andrew Jackson during the Creek will be taken after 6:30 p.m. today. stitution’s bill of rights; (8) the pos- Indian wars of 1812. Later, he served as f sible need to repeal certain Federal a Congressman and a Governor of Ten- laws if the proposed USVI constitution nessee. NATURAL HAZARDS RISK is adopted; and (9) the effect of congres- Sam spent time throughout his life REDUCTION ACT OF 2010 sional action or inaction on the pro- living with the Cherokee Indians where Mr. WU. Madam Speaker, I move to posed constitution. the chief adopted him, naming him suspend the rules and pass the bill To assist the Congress in its delibera- ‘‘the Raven.’’ He finally pulled up (H.R. 3820) to reauthorize Federal nat- tions about this important matter, I stakes and took off for Texas to help ural hazards reduction programs, and attach the analysis of the Department the Texas cause for independence for other purposes, as amended.

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.005 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H976 CONGRESSIONAL RECORD — HOUSE March 2, 2010 The Clerk read the title of the bill. (9) A major goal of the Federal natural mentation of earthquake hazards risk reduc- The text of the bill is as follows: hazards-related research and development ef- tion measures by households, businesses, H.R. 3820 fort should be to reduce the loss of life and communities, local, State, and Federal gov- damage to communities and infrastructure Be it enacted by the Senate and House of Rep- ernments, national standards and model resentatives of the United States of America in through increasing the adoption of hazard building code organizations, architects and Congress assembled, mitigation measures. engineers, building owners, and others with a (10) Research, development, and tech- SECTION 1. SHORT TITLE. role in preparing for disasters, or the plan- nology transfer to secure infrastructure is This Act may be cited as the ‘‘Natural Haz- ning, constructing, retrofitting, and insuring ards Risk Reduction Act of 2010’’. vitally important. Infrastructure that sup- of buildings, structures, and lifelines; ports electricity, transportation, drinking SEC. 2. FINDINGS. ‘‘(B) support the development of perform- water, and other services is vital imme- Congress finds the following: ance-based seismic engineering tools, and diately after a disaster, and their quick re- (1) The United States faces significant work with the appropriate groups to promote turn to function speeds the economic recov- risks from many types of natural hazards, the commercial application of such tools, including earthquakes, hurricanes, torna- ery of a disaster-impacted community. through earthquake-related building codes, does, wildfires, and floods. Increasing num- TITLE I—EARTHQUAKES standards, and construction practices; bers of Americans are living in areas prone SEC. 101. SHORT TITLE. ‘‘(C) ensure the use of social science re- to these hazards. This title may be cited as the ‘‘National search and findings in informing research (2) Earthquakes occur without warning and Earthquake Hazards Reduction Program Re- and technology development priorities, com- can have devastating effects. According to authorization Act of 2010’’. municating earthquake risks to the public, the U.S. Geological Survey, two recent SEC. 102. FINDINGS. developing earthquake risk mitigation strat- earthquakes, the Northridge Earthquake in Section 2 of the Earthquake Hazards Re- egies, and preparing for earthquake disas- 1994, and the Loma Prieta Earthquake in duction Act of 1977 (42 U.S.C. 7701) is re- ters; 1989, killed nearly 100 people, injured 12,757, pealed. ‘‘(D) coordinate all Federal post-earth- and caused $33 billion in damages. Nearly all SEC. 103. DEFINITIONS. quake investigations; and States face some level of seismic risk. Twen- Section 4 of the Earthquake Hazards Re- ‘‘(E) when warranted by research or inves- ty-six urban areas in 14 States have a signifi- duction Act of 1977 (42 U.S.C. 7703) is amend- tigative findings, issue recommendations for cant seismic risk. ed by striking paragraphs (8) and (9). changes in model codes to the relevant code (3) Severe weather is the most costly nat- SEC. 104. NATIONAL EARTHQUAKE HAZARDS RE- development organizations, and report back ural hazard, measured on a per year basis. DUCTION PROGRAM. to Congress on whether such recommenda- According to data from the National Weath- Section 5 of the Earthquake Hazards Re- tions were adopted. er Service over the last 10 years, tornadoes, duction Act of 1977 (42 U.S.C. 7704) is amend- ‘‘(2) NATIONAL INSTITUTE OF STANDARDS AND thunderstorms, and hurricanes have caused ed— TECHNOLOGY.—In addition to the lead agency an average of 226 fatalities and $16 billion of (1) in subsection (a)— responsibilities described under paragraph property damage per year. The 2005 hurri- (A) by amending paragraph (2) to read as (1), the Institute shall be responsible for car- cane season was one of the most destructive follows: rying out research and development to im- in United States history, killing 1,836 people, ‘‘(2) PROGRAM ACTIVITIES.—The activities of prove building codes and standards and prac- and causing $80 billion in damage. the Program shall be designed to— tices for buildings, structures, and lifelines. (4) The United States Fire Administration ‘‘(A) research and develop effective meth- In carrying out this paragraph, the Director reports that 38 percent of new home con- ods, tools, and technologies to reduce the of the Institute shall— struction in 2002 was in areas adjacent to, or risk posed by earthquakes to the built envi- ‘‘(A) work, in conjunction with other ap- intermixed with, wildlands. Fires in the ronment, especially to lessen the risk to ex- propriate Federal agencies, to support the wildland-urban interface are costly. For ex- isting structures and lifelines; development of improved seismic standards ample, the 2007 California Witch fire alone ‘‘(B) improve the understanding of earth- and model codes; caused $1.3 billion in insured property losses, quakes and their effects on households, busi- ‘‘(B) in coordination with other appro- according to the Insurance Services Office nesses, communities, buildings, structures, priate Federal agencies, work closely with (ISO). In addition, Government Account- and lifelines, through interdisciplinary and standards and model code development orga- ability Office reported in 2007 that the Fed- multidisciplinary research that involves en- nizations, professional societies, and prac- eral spending for wildfire suppression be- gineering, natural sciences, and social ticing engineers, architects, and others in- tween 2001 and 2005 was, on average, $2.9 bil- sciences; and volved in the construction of buildings, lion per year. ‘‘(C) facilitate the adoption of earthquake structures, and lifelines, to promote better (5) Developing better knowledge about nat- risk reduction measures by households, busi- building practices, including by— ural hazard phenomena and their effects is nesses, communities, local, State, and Fed- ‘‘(i) developing technical resources for crucial to assessing the risks these hazards eral governments, national standards and practitioners on new knowledge and stand- pose to communities. Instrumentation, mon- model building code organizations, archi- ards of practice; and itoring, and data gathering to characterize tects and engineers, building owners, and ‘‘(ii) developing methods and tools to fa- earthquakes and wind events are important others with a role in planning for disasters cilitate the incorporation of earthquake en- activities to increase this knowledge. and planning, constructing, retrofitting, and gineering principles into design and con- (6) Current building codes and standards insuring buildings, structures, and lifelines struction practices; can mitigate the damages caused by natural through— ‘‘(C) develop tools, technologies, methods, hazards. The Institute for Business and ‘‘(i) grants, contracts, cooperative agree- and practitioner guidance to feasibly and Home Safety estimated that the $19 billion ments, and technical assistance; cost-effectively retrofit existing buildings in damage caused by Hurricane Andrew in ‘‘(ii) development of standards, guidelines, and structures to increase their earthquake 1994 could have been reduced by half if such voluntary consensus standards, and other de- resiliency; and codes and standards were in effect. Research sign guidance for earthquake hazards risk re- ‘‘(D) work closely with national standards for the continuous improvement of building duction for buildings, structures, and life- organizations, and other interested parties, codes, standards, and design practices—and lines; to develop seismic safety standards and prac- for developing methods to retrofit existing ‘‘(iii) outreach and information dissemina- tices for new and existing lifelines. structures—is crucial to mitigating losses tion to communities on location-specific ‘‘(3) FEDERAL EMERGENCY MANAGEMENT from natural hazards. earthquake hazards and methods to reduce AGENCY.— (7) Since its creation in 1977, the National the risks from those hazards; and ‘‘(A) IN GENERAL.—The Federal Emergency Earthquake Hazards Reduction Program ‘‘(iv) development and maintenance of a re- Management Agency (in this paragraph re- (NEHRP) has supported research to develop pository of information, including technical ferred to as the ‘Agency’), consistent with seismic codes, standards, and building prac- data, on seismic risk and hazards reduc- the Agency’s all hazards approach, shall be tices that have been widely adopted. The tion.’’; and responsible for facilitating the development NEHRP Recommended Provisions for Seis- (B) by striking paragraphs (3) through (5); and adoption of standards, model building mic Regulations for New Buildings and Other (2) by amending subsection (b) to read as codes, and better seismic building practices, Structures and the Guidance for Seismic follows: developing tools to assess earthquake haz- Performance Assessment of Buildings are ‘‘(b) RESPONSIBILITIES OF PROGRAM AGEN- ards, promoting the adoption of hazard miti- two examples. CIES.— gation measures, and carrying out a program (8) Research to understand the institu- ‘‘(1) LEAD AGENCY.—The National Institute of direct assistance to States and localities tional, social, behavioral, and economic fac- of Standards and Technology (in this section to mitigate earthquake risks to buildings, tors that influence how households, busi- referred to as the ‘Institute’) shall be respon- structures, lifelines, and communities. nesses, and communities perceive risk and sible for planning and coordinating the Pro- ‘‘(B) DIRECTOR’S DUTIES.—The Director of prepare for natural hazards, and how well gram. In carrying out this paragraph, the Di- the Agency shall— they recover after a disaster, can increase rector of the Institute shall— ‘‘(i) work closely with other relevant Fed- the implementation of risk mitigation meas- ‘‘(A) ensure that the Program includes the eral agencies, standards and model building ures. necessary components to promote the imple- code development organizations, architects,

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.008 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H977 engineers, and other professionals, to facili- ardous faults, detailed seismic hazard and the specific types of vulnerabilities faced by tate the development and adoption of stand- risk studies in urban and other developed segments of the community vulnerable to ards, model codes, and design and construc- areas where earthquake risk is determined earthquakes, addressing the barriers they tion practices to increase the earthquake re- to be significant, and engineering seismology face in adopting mitigation and preparation siliency of new and existing buildings, struc- studies; measures, and developing methods to better tures, and lifelines in the— ‘‘(B) work with officials of State and local communicate the risks of earthquakes and ‘‘(I) preparation, maintenance, and wide governments to ensure that they are knowl- to promote mitigation; and dissemination of design guidance, model edgeable about the specific seismic risks in ‘‘(iii) research on the response of commu- building codes and standards, and practices their areas; nities, households, businesses, and emer- to increase the earthquake resiliency of new ‘‘(C) develop standard procedures, in con- gency responders to earthquakes; and existing buildings, structures, and life- sultation with the Director of the Federal ‘‘(B) support research to understand earth- lines; Emergency Management Agency, for issuing quake processes, earthquake patterns, and ‘‘(II) development of performance-based de- earthquake alerts, including aftershock earthquake frequencies; sign guidelines and methodologies sup- advisories, and, to the extent possible, en- ‘‘(C) encourage prompt dissemination of porting model codes for buildings, struc- sure that such alerts are compatible with the significant findings, sharing of data, sam- tures, and lifelines; and Integrated Public Alerts and Warning Sys- ples, physical collections, and other sup- ‘‘(III) development of methods and tools to tem program authorized by section 202 of the porting materials, and development of intel- facilitate the incorporation of earthquake Robert T. Stafford Disaster Relief and Emer- lectual property so research results can be engineering principles into design and con- gency Assistance Act (42 U.S.C. 5132); used by appropriate organizations to miti- struction practices; ‘‘(D) issue when justified, and notify the gate earthquake damage; ‘‘(ii) develop tools, technologies, and meth- Director of the Federal Emergency Manage- ‘‘(D) work with other Program agencies to ods to assist local planners, and others, to ment Agency of, an earthquake prediction or maintain awareness of, and where appro- model and predict the potential impact of other earthquake advisory, which may be priate cooperate with, earthquake risk re- earthquake damage in seismically hazardous evaluated by the National Earthquake Pre- duction research efforts in other countries, areas; and diction Evaluation Council; to ensure that the Program benefits from ‘‘(iii) support the implementation of a ‘‘(E) operate, as integral parts of the Ad- relevant information and advances in those comprehensive earthquake education and vanced National Seismic Research and Moni- countries; and public awareness program, including the de- toring System, a National Earthquake Infor- ‘‘(E) include to the maximum extent prac- velopment of materials and their wide dis- mation Center and a national seismic net- ticable diverse institutions, including His- semination to all appropriate audiences, and work, together providing timely and accu- torically Black Colleges and Universities, support public access to locality-specific in- rate information on earthquakes world-wide; Hispanic-serving institutions, Tribal Col- formation that may assist the public in pre- ‘‘(F) support the operation of regional seis- leges and Universities, Alaska Native-serv- paring for, mitigating against, responding mic networks in areas of higher seismic risk; ing institutions, and Native Hawaiian-serv- to, and recovering from earthquakes and re- ‘‘(G) develop and support seismic instru- ing institutions.’’; and lated disasters. mentation of buildings and other structures (3) in subsection (c)(1) by inserting ‘‘on ‘‘(C) STATE ASSISTANCE GRANT PROGRAM.— to obtain data on their response to earth- Natural Hazards Risk Reduction established The Director of the Agency shall operate a quakes for use in engineering studies and as- under section 301 of the Natural Hazards program of grants and assistance to enable sessment of damage; Risk Reduction Act of 2010’’ after ‘‘Inter- States to develop mitigation, preparedness, ‘‘(H) monitor and assess Earth surface de- agency Coordinating Committee’’. and response plans, compare inventories and formation as it pertains to the evaluation of conduct seismic safety inspections of critical earthquake hazards and impacts; SEC. 105. POST-EARTHQUAKE INVESTIGATIONS PROGRAM. structures and lifelines, update building and ‘‘(I) work with other Program agencies to Section 11 of the Earthquake Hazards Re- zoning codes and ordinances to enhance seis- maintain awareness of, and where appro- duction Act of 1977 (42 U.S.C. 7705e) is amend- mic safety, increase earthquake awareness priate cooperate with, earthquake risk re- ed by striking ‘‘There is established’’ and all and education, and encourage the develop- duction efforts in other countries, to ensure that follows through ‘‘conduct of such earth- ment of multistate groups for such purposes. that the Program benefits from relevant in- quake investigations.’’ and inserting ‘‘The The Director shall operate such programs in formation and advances in those countries; Program shall include a post-earthquake in- coordination with the all hazards mitigation ‘‘(J) maintain suitable seismic hazard vestigations program, the purpose of which and preparedness programs authorized by the maps in support of building codes for struc- is to investigate major earthquakes so as to Robert T. Stafford Disaster Relief and Emer- tures and lifelines, including additional learn lessons which can be applied to reduce gency Assistance Act (42 U.S.C. 5121 et seq.), maps needed for performance-based design the loss of lives and property in future earth- in order to ensure that such programs are as approaches, and, to the extent possible, en- quakes. The lead Program agency, in con- consistent as possible. In order to qualify for sure that such maps are developed consistent sultation with each Program agency, shall assistance under this subparagraph, a State with the multihazard advisory maps author- organize investigations to study the implica- must— ized by section 203(k) of the Robert T. Staf- tions of the earthquakes in the areas of re- ‘‘(i) demonstrate that the assistance will ford Disaster Relief and Emergency Assist- sponsibility of each Program agency. The in- result in enhanced seismic safety in the ance Act (42 U.S.C. 5133(k)); vestigations shall begin as rapidly as pos- State; ‘‘(K) conduct a competitive, peer-reviewed sible and may be conducted by grantees and ‘‘(ii) provide 50 percent of the costs of the process which awards grants and cooperative contractors. The Program agencies shall en- activities for which assistance is being agreements to complement and extend re- sure that the results of the investigations given, except that the Director may lower or lated internal Survey research and moni- are disseminated widely.’’. waive the cost-share requirement for these toring activities; and SEC. 106. AUTHORIZATION OF APPROPRIATIONS. activities in exceptional cases of economic ‘‘(L) operate, in cooperation with the Na- (a) IN GENERAL.—Section 12 of the Earth- hardship; and tional Science Foundation, a Global Seis- quake Hazards Reduction Act of 1977 (42 ‘‘(iii) meet such other requirements as the mographic Network for detection of earth- U.S.C. 7706) is amended— Director of the Agency shall prescribe. quakes around the world and research into (1) by adding at the end of subsection (a) ‘‘(D) FEDERAL EMERGENCY MANAGEMENT fundamental earth processes. the following: AGENCY ROLE AND RESPONSIBILITY.—Nothing ‘‘(5) NATIONAL SCIENCE FOUNDATION.—The ‘‘(9) There are authorized to be appro- in this Act shall be construed to diminish National Science Foundation shall be re- priated to the Federal Emergency Manage- the role and responsibility of the Federal sponsible for funding basic research that fur- ment Agency for carrying out this Act— Emergency Management Agency with regard thers the understanding of earthquakes, ‘‘(A) $10,238,000 for fiscal year 2010; to all hazards preparedness, response, recov- earthquake engineering, and community ‘‘(B) $10,545,000 for fiscal year 2011; ery, and mitigation. preparation and response to earthquakes. In ‘‘(C) $10,861,000 for fiscal year 2012; ‘‘(4) UNITED STATES GEOLOGICAL SURVEY.— carrying out this paragraph, the Director of ‘‘(D) $11,187,000 for fiscal year 2013; and The United States Geological Survey (in this the National Science Foundation shall— ‘‘(E) $11,523,000 for fiscal year 2014.’’; paragraph referred to as the ‘Survey’) shall ‘‘(A) support multidisciplinary and inter- (2) by adding at the end of subsection (b) conduct research and other activities nec- disciplinary research that will improve the the following: essary to characterize and identify earth- resiliency of communities to earthquakes, ‘‘(3) There are authorized to be appro- quake hazards, assess earthquake risks, including— priated to the United States Geological Sur- monitor seismic activity, and provide real- ‘‘(i) research that improves the safety and vey for carrying out this Act— time earthquake information. In carrying performance of buildings, structures, and ‘‘(A) $90,000,000 for fiscal year 2010, of which out this paragraph, the Director of the Sur- lifelines, including the use of the large-scale $36,000,000 shall be made available for com- vey shall— experimental and computational facilities of pletion of the Advanced National Seismic ‘‘(A) conduct a systematic assessment of the George E. Brown, Jr. Network for Engi- Research and Monitoring System; the seismic risks in each region of the Na- neering Earthquake Simulation; ‘‘(B) $92,100,000 for fiscal year 2011, of which tion prone to earthquakes, including, where ‘‘(ii) research to support more effective $37,000,000 shall be made available for com- appropriate, the establishment and operation earthquake mitigation and response meas- pletion of the Advanced National Seismic of intensive monitoring projects on haz- ures, such as developing better knowledge of Research and Monitoring System;

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.003 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H978 CONGRESSIONAL RECORD — HOUSE March 2, 2010 ‘‘(C) $94,263,000 for fiscal year 2012, of which decisions about land use policy and construc- wind-related building codes, standards, and $38,000,000 shall be made available for com- tion activity; and construction practices; pletion of the Advanced National Seismic ‘‘(5) the facilitation of the adoption of ‘‘(C) ensure the use of social science re- Research and Monitoring System; windstorm risk mitigation measures in areas search and findings in informing the develop- ‘‘(D) $96,491,000 for fiscal year 2013, of which of windstorm risk by households, businesses, ment of technology and research priorities, $39,000,000 shall be made available for com- and communities through outreach, incen- in communicating windstorm risks to the pletion of the Advanced National Seismic tive programs, and other means.’’. public, in developing windstorm risk mitiga- Research and Monitoring System; and SEC. 203. DEFINITIONS. tion strategies, and in preparing for wind- ‘‘(E) $98,786,000 for fiscal year 2014, of which Section 203(1) of the National Windstorm storm disasters; $40,000,000 shall be made available for com- Impact Reduction Act of 2004 (42 U.S.C. ‘‘(D) coordinate all Federal post-windstorm pletion of the Advanced National Seismic 15702(1)) is amended by striking ‘‘Director of investigations; and Research and Monitoring System.’’; the Office of Science and Technology Policy’’ ‘‘(E) when warranted by research or inves- (3) by adding at the end of subsection (c) and inserting ‘‘Director of the National In- tigative findings, issue recommendations for the following: stitute of Standards and Technology’’. changes in model codes to the relevant code development organizations, and report back ‘‘(3) There are authorized to be appro- SEC. 204. NATIONAL WINDSTORM IMPACT REDUC- priated to the National Science Foundation TION PROGRAM. to Congress on whether such recommenda- for carrying out this Act— Section 204 of the National Windstorm Im- tions were adopted. ‘‘(A) $64,125,000 for fiscal year 2010; pact Reduction Act of 2004 (42 U.S.C. 15703) is ‘‘(2) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—In addition to the lead agency ‘‘(B) $66,049,000 for fiscal year 2011; amended to read as follows: ‘‘(C) $68,030,000 for fiscal year 2012; responsibilities described under paragraph ‘‘SEC. 204. NATIONAL WINDSTORM IMPACT RE- (1), the Institute shall be responsible for car- ‘‘(D) $70,071,000 for fiscal year 2013; and DUCTION PROGRAM. ‘‘(E) $72,173,000 for fiscal year 2014.’’; and rying out research and development to im- ‘‘(a) ESTABLISHMENT.—There is established (4) by adding at the end of subsection (d) prove model codes, standards, design guid- the National Windstorm Impact Reduction ance and practices for the construction and the following: Program. ‘‘(3) There are authorized to be appro- retrofit of buildings, structures, and life- ‘‘(b) PROGRAM ACTIVITIES.—The activities priated to the National Institute of Stand- lines. In carrying out this paragraph, the Di- of the Program shall be designed to— ards and Technology for carrying out this rector of the Institute shall— ‘‘(1) research and develop cost-effective, Act— ‘‘(A) support the development of instru- feasible methods, tools, and technologies to ‘‘(A) $7,000,000 for fiscal year 2010; mentation, data processing, and archival ca- reduce the risks posed by windstorms to the ‘‘(B) $7,700,000 for fiscal year 2011; pabilities, and standards for the instrumen- built environment, especially to lessen the ‘‘(C) $7,931,000 for fiscal year 2012; tation and its deployment, to measure wind, risk to existing structures and lifelines; ‘‘(D) $8,169,000 for fiscal year 2013; and wind loading, and other properties of severe ‘‘(2) improve the understanding of wind- ‘‘(E) $8,414,000 for fiscal year 2014.’’. wind and structure response; storms and their impacts on households, (b) CONFORMING AMENDMENT.—Section 14 of ‘‘(B) coordinate with other appropriate businesses, communities, buildings, struc- the National Earthquake Hazards Reduction Federal agencies to make the data described tures, and lifelines, through interdiscipli- Act of 1977 (42 U.S.C. 7708) is amended— in subparagraph (A) available to researchers, nary and multidisciplinary research that in- (1) by striking ‘‘(a) ESTABLISHMENT.—’’; standards and code developers, and local volves engineering, natural sciences, and so- and planners; cial sciences; and (2) by striking subsection (b). ‘‘(C) support the development of tools and ‘‘(3) facilitate the adoption of windstorm TITLE II—WIND methods for the collection of data on the loss risk reduction measures by households, busi- of and damage to structures, and data on SEC. 201. SHORT TITLE. nesses, communities, local, State and Fed- surviving structures after severe windstorm This title may be cited as the ‘‘National eral governments, national standards and events; Windstorm Impact Reduction Act Reauthor- model building code organizations, archi- ‘‘(D) improve the knowledge of the impact ization of 2010’’. tects and engineers, building owners, and of severe wind on buildings, structures, life- SEC. 202. PURPOSE. others with a role in planning for disasters lines, and communities; Section 202 of the National Windstorm Im- and planning, constructing, retrofitting, and ‘‘(E) develop cost-effective windstorm im- pact Reduction Act of 2004 (42 U.S.C. 15701) is insuring buildings, structures, and lifelines pact reduction tools, methods, and tech- amended to read as follows: through— nologies; ‘‘SEC. 202. PURPOSE. ‘‘(A) grants, contracts, cooperative agree- ‘‘(F) work, in conjunction with other ap- ‘‘It is the purpose of the Congress in this ments, and technical assistance; propriate Federal agencies, to support the title to achieve a major measurable reduc- ‘‘(B) development of hazard maps, stand- development of wind standards and model tion in losses of life and property from wind- ards, guidelines, voluntary consensus stand- codes; and storms through the establishment and main- ards, and other design guidance for wind- ‘‘(G) in conjunction with other appropriate tenance of an effective Windstorm Impact storm risk reduction for buildings, struc- Federal agencies, work closely with stand- Reduction Program. The objectives of such tures, and lifelines; ards and model code development organiza- Program shall include— ‘‘(C) outreach and information dissemina- tions, professional societies, and practicing ‘‘(1) the education of households, busi- tion to communities on site specific wind- engineers, architects, and others involved in nesses, and communities about the risks storm hazards and ways to reduce the risks the construction of buildings, structures, posed by windstorms, and the identification from those hazards; and and lifelines, to promote better building of locations, structures, lifelines, and seg- ‘‘(D) development and maintenance of a re- practices, including by— ments of the community which are espe- pository of information, including technical ‘‘(i) supporting the development of tech- cially vulnerable to windstorm damage and data, on windstorm hazards and risk reduc- nical resources for practitioners to imple- disruption, and the dissemination of infor- tion; ment new knowledge; and mation on methods to reduce those risks; ‘‘(c) RESPONSIBILITIES OF PROGRAM AGEN- ‘‘(ii) supporting the development of meth- ‘‘(2) the development of technologically CIES.— ods and tools to incorporate wind engineer- and economically feasible design and con- ‘‘(1) LEAD AGENCY.—The National Institute ing principles into design and construction struction methods and procedures to make of Standards and Technology (in this section practices. new and existing structures, in areas of referred to as the ‘Institute’) shall be respon- ‘‘(3) FEDERAL EMERGENCY MANAGEMENT windstorm risk, windstorm resilient, giving sible for planning and coordinating the Pro- AGENCY.—The Federal Emergency Manage- high priority to the development of such gram. In carrying out this paragraph, the Di- ment Agency, consistent with the Agency’s methods and procedures for lifelines, struc- rector of the Institute shall— all hazards approach, shall support the devel- tures associated with a potential high loss of ‘‘(A) ensure that the Program includes the opment of risk assessment tools and effec- life, and structures that are especially need- necessary components to promote the imple- tive mitigation techniques, assist with wind- ed in times of disasters, such as hospitals mentation of windstorm risk reduction storm-related data collection and analysis, and public safety and shelter facilities; measures by households, businesses, commu- and support outreach, information dissemi- ‘‘(3) the implementation, in areas of major nities, local, State, and Federal govern- nation, and implementation of windstorm windstorm risk, of instrumentation to record ments, national standards and model build- preparedness and mitigation measures by and gather data on windstorms and the char- ing code organizations, architects and engi- households, businesses, and communities, in- acteristics of the wind during those events, neers, building owners, and others with a cluding by— and continued research to increase the un- role in planning and preparing for disasters, ‘‘(A) working to develop or improve risk- derstanding of windstorm phenomena; and planning constructing, and retrofitting, assessment tools, methods, and models; ‘‘(4) the development, publication, and pro- and insuring buildings, structures, and life- ‘‘(B) work closely with other appropriate motion, in conjunction with State and local lines; Federal agencies to develop and facilitate officials and professional organizations, of ‘‘(B) support the development of perform- the adoption of windstorm impact reduction model building codes and standards and ance-based engineering tools, and work with measures, including by— other means to encourage consideration of the appropriate groups to promote the com- ‘‘(i) developing cost-effective retrofit information about windstorm risk in making mercial application of such tools, through measures for existing buildings, structures,

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.003 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H979 and lifelines to improve windstorm perform- tiveness of the emergency response, and the (iii) the National Oceanic and Atmospheric ance; recovery process of communities, house- Administration; ‘‘(ii) developing methods, tools, and tech- holds, and businesses; (iv) the National Science Foundation; nologies to improve the planning, design, ‘‘(B) support research to understand wind- (v) the Office of Science and Technology and construction of new buildings, struc- storm processes, windstorm patterns, and Policy; and tures, and lifelines; windstorm frequencies; (vi) the Office of Management and Budget; ‘‘(iii) supporting the development of model ‘‘(C) encourage prompt dissemination of and wind codes and standards for buildings, significant findings, sharing of data, sam- (B) the head of any other Federal agency structures, and lifelines; and ples, physical collections, and other sup- the Committee considers appropriate. ‘‘(iv) developing technical resources for porting materials, and development of intel- (2) MEETINGS.—The Committee shall not practitioners that reflect new knowledge and lectual property so research results can be meet less than 2 times a year at the call of standards of practice; and used by appropriate organizations to miti- the Director of the National Institute of ‘‘(C) develop and disseminate guidelines for gate windstorm damage; Standards and Technology. the construction of windstorm shelters. ‘‘(D) work with other Program agencies to (3) GENERAL PURPOSE AND DUTIES.—The Nothing in this Act shall be construed to di- maintain awareness of, and where appro- Committee shall oversee the planning and minish the role and responsibility of the priate cooperate with, windstorm risk reduc- coordination of the National Earthquake Federal Emergency Management Agency tion research efforts in other countries, to Hazards Reduction Program and the Na- with regard to all hazards preparedness, re- ensure that the Program benefits from rel- tional Windstorm Impact Reduction Pro- sponse, recovery, and mitigation. evant information and advances in those gram, and shall make proposals for planning ‘‘(4) NATIONAL OCEANIC AND ATMOSPHERIC countries; and and coordination of any other Federal re- ADMINISTRATION.—The National Oceanic and ‘‘(E) include to the maximum extent prac- search for natural hazard mitigation that Atmospheric Administration shall support ticable diverse institutions, including His- the Committee considers appropriate. atmospheric sciences research and data col- torically Black Colleges and Universities, (4) STRATEGIC PLANS.—The Committee lection to improve the understanding of the Hispanic-serving institutions, Tribal Col- shall develop and submit to Congress, not behavior of windstorms and their impact on leges and Universities, Alaska Native-serv- later than one year after the date of enact- buildings, structures, and lifelines, including ing institutions, and Native Hawaiian-serv- ment of this Act— by— ing institutions.’’. (A) a Strategic Plan for the National Earthquake Hazards Reduction Program ‘‘(A) working with other appropriate Fed- SEC. 205. AUTHORIZATION OF APPROPRIATIONS. that includes— eral agencies to develop and deploy instru- Section 207 of the National Windstorm Im- (i) prioritized goals for such Program that mentation to measure speed and other char- pact Reduction Program of 2004 (42 U.S.C. will mitigate against the loss of life and acteristics of wind, and to collect, analyze, 15706) is amended to read as follows: property from future earthquakes; and make available such data; ‘‘SEC. 207. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) working with officials of State and (ii) short-term, mid-term, and long-term ‘‘(a) FEDERAL EMERGENCY MANAGEMENT local governments to ensure that they are research objectives to achieve those goals; AGENCY.—There are authorized to be appro- knowledgeable about, and prepared for, the (iii) a description of the role of each Pro- priated to the Federal Emergency Manage- gram agency in achieving the prioritized specific windstorm risks in their area; ment Agency for carrying out this title— ‘‘(C) supporting the development of suit- goals; ‘‘(1) $9,682,000 for fiscal year 2010; able wind speed maps and other derivative (iv) the methods by which progress towards ‘‘(2) $9,972,500 for fiscal year 2011; products that support building codes and the goals will be assessed; ‘‘(3) $10,271,600 for fiscal year 2012; other hazard mitigation approaches for (v) an explanation of how the Program will ‘‘(4) $10,579,800 for fiscal year 2013; and buildings, structures, and lifelines, and, to foster the transfer of research results onto ‘‘(5) $10,897,200 for fiscal year 2014. the extent possible, ensure that such maps outcomes, such as improved building codes; ‘‘(b) NATIONAL SCIENCE FOUNDATION.— and other derivative products are developed (vi) a description of the role of social There are authorized to be appropriated to consistent with the multihazard advisory science in informing the development of the the National Science Foundation for car- maps authorized by section 203(k) of the Rob- prioritized goals and research objectives; and rying out this title— ert T. Stafford Disaster Relief and Emer- (vii) a description of how the George E. ‘‘(1) $9,682,000 for fiscal year 2010; gency Assistance Act (42 U.S.C. 5133(k)); Brown, Jr. Network for Earthquake Engi- ‘‘(2) $9,972,500 for fiscal year 2011; ‘‘(D) conducting a competitive, peer-re- neering Simulation and the Advanced Na- ‘‘(3) $10,271,600 for fiscal year 2012; viewed process which awards grants and co- tional Seismic Research and Monitoring Sys- ‘‘(4) $10,579,800 for fiscal year 2013; and operative agreements to complement the Na- tem will be used in achieving the prioritized ‘‘(5) $10,897,200 for fiscal year 2014. tional Oceanic and Atmospheric Administra- goals and research objectives; and ‘‘(c) NATIONAL INSTITUTE OF STANDARDS tion’s wind-related and storm surge-related (B) a Strategic Plan for the National Wind- AND TECHNOLOGY.—There are authorized to research and data collection activities; storm Impact Reduction Program that in- be appropriated to the National Institute of ‘‘(E) working with other appropriate Fed- cludes— Standards and Technology for carrying out eral agencies and State and local govern- (i) prioritized goals for such Program that this title— ments to develop or improve risk-assessment will mitigate against the loss of life and tools, methods, and models; and ‘‘(1) $4,120,000 for fiscal year 2010; property from future windstorms; ‘‘(F) working with other appropriate Fed- ‘‘(2) $4,243,600 for fiscal year 2011; (ii) short-term, mid-term, and long-term eral agencies to develop storm surge models ‘‘(3) $4,370,900 for fiscal year 2012; research objectives to achieve those goals; to better understand the interaction between ‘‘(4) $4,502,000 for fiscal year 2013; and (iii) a description of the role of each Pro- windstorms and bodies of water. ‘‘(5) $4,637,100 for fiscal year 2014. gram agency in achieving the prioritized ‘‘(d) NATIONAL OCEANIC AND ATMOSPHERIC ‘‘(5) NATIONAL SCIENCE FOUNDATION.—The goals; National Science Foundation shall be re- ADMINISTRATION.—There are authorized to be (iv) the methods by which progress towards sponsible for funding basic research that fur- appropriated to the National Oceanic and At- the goals will be assessed; thers the understanding of windstorms, wind mospheric Administration for carrying out (v) an explanation of how the Program will engineering, and community preparation and this title— foster the transfer of research results onto response to windstorms. In carrying out this ‘‘(1) $2,266,000 for fiscal year 2010; outcomes, such as improved building codes; paragraph, the Director of the National ‘‘(2) $2,334,000 for fiscal year 2011; and Science Foundation shall— ‘‘(3) $2,404,000 for fiscal year 2012; (vi) a description of the role of social ‘‘(A) support multidisciplinary and inter- ‘‘(4) $2,476,100 for fiscal year 2013; and science in informing the development of the disciplinary research that will improve the ‘‘(5) $2,550,400 for fiscal year 2014.’’. prioritized goals and research objectives. resiliency of communities to windstorms, in- TITLE III—INTERAGENCY COORDINATING (5) PROGRESS REPORTS.—Not later than one cluding— COMMITTEE ON NATURAL HAZARDS year after the date of enactment of this Act, ‘‘(i) research that improves the safety and RISK REDUCTION and at least once every two years thereafter, performance of buildings, structures, and SEC. 301. INTERAGENCY COORDINATING COM- the Committee shall submit to the Con- lifelines; MITTEE ON NATURAL HAZARDS RISK gress— ‘‘(ii) research to support more effective REDUCTION. (A) a report on the progress of the National windstorm mitigation and response meas- (a) IN GENERAL.—There is established an Earthquake Hazards Reduction Program ures, such as developing better knowledge of Interagency Coordinating Committee on that includes— the specific types of vulnerabilities faced by Natural Hazards Risk Reduction, chaired by (i) a description of the activities funded for segments of the community vulnerable to the Director of the National Institute of the previous two years of the Program, a de- windstorms, addressing the barriers they Standards and Technology. scription of how these activities align with face in adopting mitigation and preparation (1) MEMBERSHIP.—In addition to the chair, the prioritized goals and research objectives measures, and developing methods to better the Committee shall be composed of— established in the Strategic Plan, and the communicate the risks of windstorms and to (A) the directors of— budgets, per agency, for these activities; promote mitigation; and (i) the Federal Emergency Management (ii) the outcomes achieved by the Program ‘‘(iii) research on the response of commu- Agency; for each of the goals identified in the Stra- nities to windstorms, including on the effec- (ii) the United State Geological Survey; tegic Plan;

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.003 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H980 CONGRESSIONAL RECORD — HOUSE March 2, 2010 (iii) a description of any recommendations practices of earthquake hazards or wind- (10) in section 4(a)(3), by striking ‘‘build- made to change existing building codes that storm impact mitigation; ing’’ both places it appears and inserting were the result of Program activities; and (B) the priorities of the Programs’ Stra- ‘‘building or infrastructure’’; (iv) a description of the extent to which tegic Plans; (11) in section 4(b), by striking ‘‘building’’ the Program has incorporated recommenda- (C) the coordination of the Programs; and both places it appears and inserting ‘‘build- tions from the Advisory Committee on (D) and any revisions to the Programs ing or infrastructure’’; Earthquake Hazards Reduction; and which may be necessary. (12) in section 4(c)(1) and (2), by striking (B) a report on the progress of the National (5) REPORTS.—At least every two years, the ‘‘building’’ both places it appears and insert- Windstorm Impact Reduction Program that Advisory Committees shall report to the Di- ing ‘‘building or infrastructure’’; includes— rector of the National Institute of Standards (13) by amending section 4(d)(1) to read as (i) a description of the activities funded for and Technology on the assessments carried follows: the previous two years of the Program, a de- out under paragraph (4) and their rec- ‘‘(1) IN GENERAL.—Except as otherwise pro- scription of how these activities align with ommendations for ways to improve the Pro- vided in this subsection, a Team investiga- the prioritized goals and research objectives grams. In developing recommendations for tion shall have priority over any other inves- established in the Strategic Plan, and the the National Earthquake Hazards Reduction tigation which is related to the purpose and budgets, per agency, for these activities; Program, the Advisory Committee on Earth- duties set forth in section 2(b) and under- (ii) the outcomes achieved by the Program quake Hazards Reduction shall consider the taken by any other Federal agency.’’; for each of the goals identified in the Stra- recommendations of the United States Geo- (14) in section 4(d)(3) and (4), by striking tegic Plan; logical Survey Scientific Earthquake Stud- ‘‘building’’ both places it appears and insert- (iii) a description of any recommendations ies Advisory Committee. ing ‘‘building or infrastructure’’; made to change existing building codes that (15) in section 4, by adding at the end the (c) COORDINATION OF FEDERAL DISASTER RE- were the result of Program activities; and following new paragraph: SEARCH, DEVELOPMENT, AND TECHNOLOGY (iv) a description of the extent to which ‘‘(5) INFRASTRUCTURE INVESTIGATIONS.— TRANSFER.—Not later than 2 years after the the Program has incorporated recommenda- With respect to an investigation relating to date of enactment of this Act, the Sub- tions from the Advisory Committee on Wind- an infrastructure failure, a Federal agency committee on Disaster Reduction of the storm Impact Reduction. with primary jurisdiction over the failed in- Committee on Environment and Natural Re- (6) COORDINATED BUDGET.—The Committee frastructure which is conducting an inves- sources of the National Science and Tech- shall develop a coordinated budget for the tigation and asserts priority over the Team nology Council shall submit a report to the National Earthquake Hazards Reduction investigation shall have such priority. Such Congress identifying— Program and a coordinated budget for the priority shall not otherwise affect the au- (1) current Federal research, development, National Windstorm Impact Reduction Pro- thority of the Team to continue its inves- and technology transfer activities that ad- gram. These budgets shall be submitted to tigation under this Act.’’; dress hazard mitigation for natural disas- the Congress at the time of the President’s (16) in section 7(a), by striking ‘‘on request ters, including earthquakes, hurricanes, tor- budget submission for each fiscal year. and at reasonable cost’’; nados, wildfires, floods, and the current (b) ADVISORY COMMITTEES ON NATURAL (17) in section 7(c), by striking ‘‘building’’ budgets for these activities; HAZARDS REDUCTION.— and inserting ‘‘building or infrastructure’’; (2) areas of research that are common to (1) IN GENERAL.—The Director of the Na- (18) in section 8(1) and (4), by striking two or more of the hazards identified in tional Institute of Standards and Technology ‘‘building’’ both places it appears and insert- paragraph (1); and shall establish an Advisory Committee on ing ‘‘building or infrastructure’’; (3) opportunities to create synergies be- Earthquake Hazards Reduction, an Advisory (19) in section 9, by striking ‘‘the United tween the research activities for the hazards Committee on Windstorm Impact Reduction, States Fire Administration and’’; identified in paragraph (1). and other such advisory committees as the (20) in section 9(2)(C), by striking ‘‘build- Director considers necessary to advise the TITLE IV—NATIONAL CONSTRUCTION ing’’ and inserting ‘‘building or infrastruc- Institute on research, development, and SAFETY TEAM ACT AMENDMENTS ture’’; technology transfer activities to mitigate (21) in section 10(3), by striking ‘‘building’’ the impact of natural disasters. SEC. 401. NATIONAL CONSTRUCTION SAFETY TEAM ACT AMENDMENTS. and inserting ‘‘building and infrastructure’’; (2) ADVISORY COMMITTEE ON EARTHQUAKE (22) in section 11(a), by striking ‘‘the The National Construction Safety Team HAZARDS REDUCTION.—The Advisory Com- United States Fire Administration and’’; and Act (15 U.S.C. 7301 et seq.) is amended— mittee on Earthquake Hazards Reduction (23) by striking section 12. shall be composed of at least 11 members, (1) in section 2(a)— none of whom may be employees of the Fed- (A) by striking ‘‘a building or buildings’’ TITLE V—FIRE RESEARCH PROGRAM eral Government, including representatives and inserting ‘‘a building, buildings, or infra- SEC. 501. FIRE RESEARCH PROGRAM. of research and academic institutions, indus- structure’’; and Section 16(a)(1) of the National Institute of try standards development organizations, (B) by striking ‘‘To the maximum extent Standards and Technology Act (15 U.S.C. emergency management agencies, State and practicable, the Director shall establish and 278f(a)(1)) is amended— local government, and business communities deploy a Team within 48 hours after such an (1) in subparagraph (D), by inserting ‘‘fires who are qualified to provide advice on earth- event.’’ and inserting ‘‘The Director shall at the wildland-urban interface,’’ after ‘‘but quake hazards reduction and represent all re- make a decision whether to deploy a Team not limited to,’’; and lated scientific, architectural, and engineer- within 72 hours after such an event.’’; (2) in subparagraph (E), by inserting ‘‘fires ing disciplines. The recommendations of the (2) in section 2(b)(1), by striking ‘‘build- at the wildland-urban interface,’’ after Advisory Committee shall be considered by ings’’ and inserting ‘‘buildings or infrastruc- ‘‘types of fires, including’’. Federal agencies in implementing the Na- ture’’; The SPEAKER pro tempore. Pursu- tional Earthquake Hazards Reduction Pro- (3) in section 2(b)(2)(A), by striking ‘‘build- ant to the rule, the gentleman from Or- gram. ing’’ and inserting ‘‘building or infrastruc- egon (Mr. WU) and the gentleman from (3) ADVISORY COMMITTEE ON WINDSTORM IM- ture’’; Georgia (Mr. BROUN) each will control PACT REDUCTION.—The Advisory Committee (4) in section 2(b)(2)(D), by striking ‘‘build- 20 minutes. on Windstorm Impact Reduction shall be ings’’ and inserting ‘‘buildings or infrastruc- The Chair recognizes the gentleman composed of at least 7 members, none of ture’’; from Oregon. whom may be employees of the Federal Gov- (5) in section 2(c)(1), by striking ‘‘the ernment, including representatives of re- United States Fire Administration and’’; GENERAL LEAVE search and academic institutions, industry (6) in section 2(c)(1)(G), by striking ‘‘build- Mr. WU. Madam Speaker, I ask unan- standards development organizations, emer- ing’’ and inserting ‘‘building or infrastruc- imous consent that all Members have 5 gency management agencies, State and local ture’’; legislative days to revise and extend government, and business communities who (7) in section 2(c)(1)(J)— their remarks and to include extra- are qualified to provide advice on windstorm (A) by striking ‘‘building’’ and inserting neous material on H.R. 3820, the bill impact reduction and represent all related ‘‘building or infrastructure’’; and under consideration. scientific, architectural, and engineering dis- (B) by inserting ‘‘and the National Wind- ciplines. The recommendations of the Advi- storm Impact Reduction Act of 2004’’ after b 1415 sory Committee shall be considered by Fed- ‘‘Act of 1977’’; Mr. WU. I yield myself such time as eral agencies in implementing the National (8) in section 4(a), by striking ‘‘inves- I may consume. Windstorm Impact Reduction Program. tigating a building’’ and inserting ‘‘inves- Madam Speaker, I rise today in (4) ASSESSMENTS.—The Advisory Com- tigating building and infrastructure’’; strong support of H.R. 3820, the Natural mittee on Earthquake Hazards Reduction (9) in section 4(a)(1)— and the Advisory Committee on Windstorm (A) by striking ‘‘a building’’ and inserting Hazards Risk Reduction Act of 2010. Impact Reduction shall offer assessments ‘‘a building or infrastructure’’; and This bipartisan bill addresses a crucial on— (B) by striking ‘‘building’’ both of the need—securing our communities (A) trends and developments in the nat- other places it appears and inserting ‘‘build- against earthquakes, hurricanes, tor- ural, social, and engineering sciences and ing or infrastructure’’; nadoes, and other natural phenomena.

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.003 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H981 As we saw last month in Haiti and tion Subcommittee, Mr. SMITH of Ne- standards, to recovery and response op- just this past weekend in Chile, earth- braska, for his hard work and support erations, the opportunities for quakes can strike without warning, in helping us bring this bill to the leveraging earthquake mitigation and can cause massive damage and many, floor. windstorm mitigation activities are many casualties. Mitigation efforts, I would also like to recognize my numerous and substantial. Accord- like advanced building codes, are cru- friend and colleague, Mr. BROUN of ingly, the primary objective of this leg- cial to preventing loss and injury. Georgia, who is here on the floor with islation is to establish an overarching Preparation saves lives. The Chilean us today. coordination structure to improve experience demonstrates the impor- I would similarly like to thank the communication, to exploit potential tance of preparation, of building codes, chairman of the full Science and Tech- synergies, and to ensure that new and of education. nology Committee, Mr. BART GORDON knowledge developed from both pro- H.R. 3820 reauthorizes two very im- of Tennessee, and the ranking member, grams can be translated into practice portant natural hazard mitigation pro- Mr. HALL of Texas, the unforgettable and, eventually, into decreased vulner- grams—the Natural Earthquake Haz- Mr. HALL. abilities. ards Reduction Program and the Na- H.R. 3820 is supported by the Amer- Much progress has been made with tional Windstorm Impact Reduction ican Society of Civil Engineers. I urge the overall authorization levels in this Program. my colleagues to vote for its passage. bill, which have been reduced from Since Congress created the National I reserve the balance of my time. prior authorization levels. In par- Earthquake Hazards Reduction Pro- Mr. BROUN of Georgia. I yield myself ticular, at three of the four NEHRP gram, or NEHRP, in 1977, it has been such time as I may consume. agencies, authorized levels have been used to study earthquake phenomena, Madam Speaker, I rise in support of reduced to more realistic levels that to identify seismic hazards, and to de- H.R. 3820, the National Hazards Risk still achieve its goals—a responsible velop building codes and practices to Reduction Act of 2010. approach given our ominous overall fis- withstand earthquakes. This reauthor- Whether they come in the form of cal situation. At the fourth NEHRP ization will allow the U.S. Geological hurricanes, tornadoes, earthquakes, agency, USGS, the authorization level Survey, FEMA, the National Science tsunamis, or other phenomena, natural has been modestly increased. This re- Foundation, and the National Institute hazards are infrequent and inevitable, flects a position by the lead authors of of Standards and Technology to con- and as illustrated by recent events in the bill that earthquake research tinue their efforts to develop and to Haiti and in Chile, can be devastating should be a priority at USGS. promote earthquake mitigation meas- to life and property. These two programs, if directed to ures. The infrequency of such events is, of the right priorities and implemented as Created in 2004, the National Wind- course, no excuse for complacency in a true, coordinated interagency effort, storm Impact Reduction Program, or taking steps to address them. The pro- can become more effective and can be NWIRP, is also a critical tool in coun- grams authorized in this legislation are leveraged many times over. tering the destructive forces of hurri- the Federal Government’s primary I appreciate the hard work from my canes, tornadoes, and other severe means of advancing science and tech- fellow members of the committee and windstorms. Destructive windstorms nology to mitigate the risks of natural staff to balance the need for mini- are not limited to Florida, to the Gulf hazards. This legislation authorizes mizing the risk of these natural disas- Coast, or to Tornado Alley in our Mid- two programs—the National Earth- ters with the fiscal reality of large west. Two years ago, in my Pacific quake Hazards Reduction Program, or deficits and debt. Northwest, we experienced 150-mile- NEHRP, and the National Windstorm Madam Speaker, I reserve the bal- per-hour winds, a storm which killed 18 Impact Reduction Program, NWIRP. ance of my time. Mr. WU. Madam Speaker, I yield 3 people and which caused nearly $200 NEHRP was established in 1977 in re- million in damage. Just last week, minutes to the chairman of the Re- sponse to growing concerns about the gusts of up to 90 miles per hour were search and Science Education Sub- threat of damaging earthquakes. It is reported in the Northeast, knocking committee of the Science Committee, an agency effort consisting of four par- out power for more than 87,000 New the gentleman from Illinois (Mr. LIPIN- ticipating agencies: firstly, the Na- Yorkers and others in Pennsylvania SKI). tional Institute of Standards and Tech- through the Mid-Atlantic. The purpose Mr. LIPINSKI. I thank the chairman nology, NIST, supporting problem-fo- of NWIRP is to study wind hazards and for yielding. cused earthquake engineering research to develop building codes and practices Madam Speaker, I have a background and development programs aimed at to prevent damage. as an engineer. I actually have a mas- The adoption of mitigation measures improving building design codes and ter’s degree in systems engineering. I is the crucial last step in preventing construction standards; secondly, the understand the need for understanding losses from natural disasters. H.R. 3820 National Science Foundation, NSF, how systems work and for under- includes provisions to develop ways to supporting basic research in geo- standing what can be done in prepara- cost effectively retrofit existing struc- science, engineering, economic, and so- tion so that, in the case of Mr. WU’s tures and to secure lifelines as well as cial aspects of earthquakes; thirdly, bill, we can do the best that we can to provisions for research to identify the the U.S. Geological Survey, USGS, con- mitigate, to avoid the problems, and to best methods to encourage home- ducting basic and applied Earth science deal with what happens in the after- owners, businesses, and communities and seismology research; fourthly, math of earthquakes and windstorms. to plan for natural disasters and to FEMA, which supports mitigation, re- I thank Mr. WU for this bill, and I adopt mitigation and education meas- sponse, education, outreach, and imple- thank Chairman GORDON also for mov- ures. mentation of research results. ing this bill forward and for bringing it H.R. 3820 also brings greater coordi- Similarly, the Windstorm Impact Re- to the House floor. I thank the Repub- nation to Federal natural hazards R&D duction Program, created in 2004 and licans for their work, and I thank Mr. efforts. It directs the relevant agencies modeled after NEHRP, consists of four BROUN here today. to develop a multihazards research agencies—NIST, NSF and FEMA, as I think this is something that we agenda and to identify where common well as NOAA, the National Oceanic often forget about until after a disaster research approaches are appropriate and Atmospheric Association, which strikes. With the earthquake in Chile, across different types of hazards. This funds research in the atmospheric we’ve heard so much talk about the will enable a research agenda where sciences—to better understand, predict, planning beforehand, about the re- the lessons learned in one disaster will and respond to hurricanes, tornadoes, quirements that buildings have to be be applied to help prevent damage in and other windstorms. designed in a certain way to withstand another and, therefore, save lives. It The goals and activities of these two earthquakes, and about the lives that will use scarce taxpayer dollars more programs are clear. From engineering were saved. Probably tens of thousands effectively and more efficiently. research to improve the structural re- of lives were saved from this. This was I would like to thank the ranking siliency of buildings, to the develop- all through a type of planning that can member of the Technology and Innova- ment of model building codes and come through this bill.

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.010 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H982 CONGRESSIONAL RECORD — HOUSE March 2, 2010 I think it is also important—and I Mr. WU, I have enjoyed working with what can happen in the Pacific North- see this so often, not just in the NSF, you on the Science and Technology west, and it actually has happened in NIST, USGS, or NOAA. We see all Committee. I love your State. I did my the past. these silos—all these departments, internship in Portland, Oregon, and I Since the last ice age, these quakes agencies—which are doing separate know that’s where you live, in that have occurred every 200 to 1,000 years, work, and they don’t oftentimes area. I wish we could get together on and the average period was 300 years. enough coordinate the work that they many issues. I congratulate you on We didn’t know that this was going to are doing. So I think this bill does a your leadership and for bringing to- go on. When I moved to Oregon, we very good job of making sure that we gether a bipartisan bill so that people didn’t know anything about problems have the coordination when it comes to do get together at least on this issue. like this. But this is the problem of planning for earthquakes and for look- I commit to you, as well as to my science. ing into what we can do about that for Democratic colleagues, to work to try Through research on tree roots which windstorms. to find some commonsense solutions, were buried in mud and research on So I thank Mr. WU for introducing market-based solutions, to health re- Japanese records, we found out that this bill, and I urge my colleagues to form and to getting our economy back the last such earthquake occurred in support it. on course and other things. I hope that January of 1701, 309 years ago. So if the Mr. BROUN of Georgia. Madam we can work together on these. average period is 300 years, we are in Speaker, I appreciate the hard work that zone, and we ought to be prepared. b 1430 that my good friend from Oregon (Mr. Education is key. Preparation is key. WU) and my friend from Nebraska (Mr. Mr. WU. I thank the gentleman for And it is not just the buildings, it is SMITH) have put into this bill. Cer- his kind remarks. Sometimes the larg- not just design, but it is also about tainly, as a fiscal conservative, I am est things start in small ways, and the educating people about what to do be- concerned about how the agencies longest journey starts with a small fore the quake, what to do during the within the Federal Government coordi- step, and perhaps we are taking that quake, what to do after the quake, and nate their activities and coordinate step today, Mr. BROUN. how do you prepare for a tsunami, how their communications. I congratulate Storms teach us all sorts of things, do you get out of the way. Mr. WU on trying to bring overarching and personal effort and caring matter a It takes courage, and it takes over- communications between these four lot. The snowstorms that paralyzed coming fear, and there are different governmental agencies. this city a couple of weeks ago in some kinds of courage, and there are dif- Just today on Fox and Friends news, respects are a metaphor for what has ferent kinds of fear. I know that some they had a seismologist who was pre- been going on with the political and folks are concerned about what hap- dicting just in the very near future a policy mechanisms that also occupy pens when we move to an all-hazards major earthquake which would affect this city. approach to these natural phenomena, Mr. WU’s home State of Oregon, the I believe that in my home State, and I can tell you that this Congress, State of Washington, as well as the within a few hours of the storm being this committee, Mr. BROUN and I, will State of California. We’ve seen a tre- over, we would be out there starting to stand united in providing the resources mendous number of earthquakes re- clean up, and we would be doing a rea- so that we can appropriately reduce cently, and, I think, having the Federal sonable job fairly soon. What happened risk across different phenomena, Government agencies coordinate their here was paralysis for days at a time, whether the risk is created by wind, by efforts to try to find some way to com- schools closing for the rest of the week, water, by earthquake, or by tsunami. municate between those is absolutely a and people complaining about the city That is the obligation of leadership, much needed process. I congratulate not cleaning the streets. and we will provide the leadership to Mr. WU on his efforts to do that. But what I noticed was that in my do that, because at the end of the day, So, having said all of that, Madam neighborhood, folks did shovel their the earthquakes, the wind and other Speaker, I am prepared to close, but I sidewalks, and it makes a big dif- hazards, they know no bounds, they do just want to congratulate Mr. WU ference. Just take care of your own know no geographic bounds, and they again on his hard work on this bill. sidewalk, and maybe help your neigh- know no bounds with respect to age or I yield back the balance of my time. bor, if your neighbor is old or just not Mr. WU. I want to thank the gen- income or any other hazard. able to do these things for him or her- tleman from Georgia for his very kind Madam Speaker, I ask all Members self. In the second storm, I actually of- remarks. to vote in favor of this legislation. Madam Speaker, we do not and we fered to pay my son a little bit of Mr. OBERSTAR. Madam Speaker, I rise in actually should not agree all the time, money to shovel the whole block. strong support of H.R. 3820, the ‘‘Natural Haz- because these are sincere differences Shoveling the block was the second ards Risk Reduction Act of 2010’’. This bill re- which, I think, we reflect in our per- most important thing to do. I think authorizes natural hazard risk reduction pro- sonal values and in the values of our the most important thing to do was to grams, in particular the National Earthquake constituents; but the legislation that teach him civic virtue and what serv- Hazards Reduction Program and the National we are dealing with today dem- ing the broader good is all about. Windstorm Impact Reduction Program. onstrates this Congress’ working at its This bill does serve the broader na- Members of the Committee on Transpor- best on those issues where we should be tional good. The example of Chile dem- tation and Infrastructure and I have been coming together, and we do. onstrates the importance of prepara- strong advocates for the reduction of the risks I want to thank the gentleman. I tion. It demonstrates the importance our Nation faces from natural hazards. I com- want to thank Mr. SMITH and Mr. HALL of American technology, because the mend the gentleman from Tennessee (Mr. on the minority side. Chileans borrowed their designs from GORDON), Chairman of the Committee on Mr. BROUN of Georgia. Would the the United States. It also helps us un- Science and Technology, and the gentleman gentleman yield? derstand where we need to get better, from Oregon (Mr. WU), for bringing this bill be- Mr. WU. I would be happy to yield to because their highways had a lot of col- fore the House today and for the cooperative the gentleman. lapses, just as our highways during the spirit in which they have worked with our com- Mr. BROUN of Georgia. I agree quake in Los Angeles unfortunately mittee on this legislation. wholeheartedly. collapsed, and perhaps we can improve The ‘‘Natural Hazards Risk Reduction Act of I wish we could get together on our designs for that. 2010’’, and the programs it authorizes, will as- health reform and could get together Education is also a very, very impor- sist communities and citizens across the coun- and do something that’s right for the tant component of earthquake safety. try in reducing their risk from several natural American people. I wish we could get In my State, it is estimated that we hazards, that, unfortunately, occur all too often together on an economic stimulus could have a 9.5 Richter scale quake, in our Nation. Specifically, this legislation ad- package. Folks on our side would very just like the world’s largest quake ever dresses the risks from three hazards: earth- much like to do so. It is unfortunate recorded. That one was down in Peru quakes, windstorms, and fires. that we have such a philosophical di- and Chile, and it was 9.5 on the Richter We have all recently seen the destruction vide on many issues. scale. The scientists tell us that is that earthquakes can cause. On January 12,

VerDate Nov 24 2008 02:51 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 9920 E:\CR\FM\K02MR7.011 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H983 2010, a catastrophic earthquake measuring into terrorism programs, because this ap- stronger magnitude 8.8 earthquake hit Chile, 7.0 on the Richter scale struck the island na- proach would segment by particular risk. and while this tragedy claimed the lives of tion of Haiti. This earthquake was the largest Specifically, H.R. 3820, as amended, will re- over 700, the death toll was much lower than earthquake to hit Haiti in over 200 years. An quire that the National Earthquake Hazards Haiti’s because people were protected by estimated 230,000 people lost their lives in Reduction Program and the National Wind- buildings constructed to withstand that sort of this disaster, which affected over three million storm Impact Reduction Program to be oper- shaking. ated in coordination with the all-hazards miti- people. The United States has not suffered these I have a deep, personal connection to the gation and preparedness programs adminis- sorts of staggering casualties from a seismic people of Haiti: before I went to work for peo- tered by FEMA and authorized by the Stafford event in over a hundred years, in large part ple of Minnesota, I lived in Haiti for almost 3 Act. In this manner, States, communities, and due to the work of the U.S. Geological Sur- years. Since that time, I have followed events citizens can utilize these programs in a coordi- vey’s Earthquake Hazard Program. We cannot in that nation and have maintained many good nated manner. FEMA is already taking steps predict when the next major earthquake will friendships with Haitian citizens. In fact, I was to coordinate among the agency’s mitigation in Haiti shortly before the earthquake hit, in programs, by making the administrative re- strike the United States. But we know where October 2009. When I accompanied Speaker quirements of its all-hazards and flood pro- it is most likely. And we have been able to enact building codes in those areas to protect PELOSI on a bipartisan, bicameral trip to Haiti grams as consistent as possible. We antici- last month, I was struck by visions of places pate FEMA will apply this sound approach to people in their homes and offices. We have I saw just three months prior that were unrec- the programs authorized under this bill as well. conducted preparedness drills so people know ognizable as they lie in complete and utter In addition, this legislation calls for the map- what to do when the Big One hits. We have ruin. These haunting images clearly dem- ping of windstorm and earthquake risks. H.R. been able to engineer pipelines, power lines, onstrate the power of an earthquake, and the 3820, as amended, will require that, to the ex- and roads to survive a major quake, so we importance of ensuring we do everything we tent possible, these maps be developed con- can rebuild and recover as quickly as pos- can to protect our citizens from such devasta- sistent with the multi-hazard advisory maps sible. The U.S. Geological Survey has helped tion. authorized by the Stafford Act. It is not effi- make this all possible. This past weekend, another devastating cient or effective for communities to use sepa- This legislation reauthorizes the National earthquake struck Chile. This earthquake is rate maps identifying risk from each particular Earthquake Hazard Reduction Program, of believed to be hundreds of times more power- natural hazard the community may face. As which the U.S. Geological Survey’s Earth- ful than the earthquake that struck Haiti, yet hazard maps are now digitized, data for each quake Hazard Program is a part. When this early reports seem to indicate that the loss of type of risk can be easily superimposed on the legislation was first reported out of the life and destruction—while no less tragic—was same map, which will allow communities to Science and Technology Committee, I was less severe than in Haiti. There are likely a use one common map in planning and identi- concerned about the cut in authorization levels number of reasons for the reduced damage, fying risks. to the U.S. Geological Survey, which I be- including where the earthquake struck. How- Finally, H.R. 3820 contains amendments to lieved reflected the wrong message about the ever, it must also be recognized that Chile is the National Construction Safety Teams Act importance of this critical program. I am a nation that is at great risk of seismic activity and expands authority of the National Institute pleased to say that after a hearing in my sub- and has taken significant steps to reduce the of Standards and Technology, NIST, to deploy committee on January 20th, my good friends risk that earthquakes pose to that nation and teams to investigate infrastructure failure. BART GORDON, Chairman of the Science and its citizens. NIST’s current authority is limited to building Technology Committee, and DAVID WU, chief H.R. 3820 also addresses risks due to wind- collapse investigations. I am pleased that this sponsor of this legislation, worked with me to storms and wildfires. In my district in Min- bill, as amended, clarifies that the authority to increase the authorization levels and put the nesota, we have been unfortunate to bear wit- deploy teams for infrastructure failure is limited Earthquake Hazard Program on the path for ness to the devastating effects of both of to NIST’s existing authority and expertise to continued growth. I would also like to thank these hazards, and how they can be related. investigate the structural causes of collapse, the ranking member of my subcommittee, On July 4, 1999, a straight line windstorm, as well as building codes, and does not give DOUG LAMBORN of Colorado, for working with also known as a derecho, struck the Boundary NIST authority beyond that arena, such as a me in this endeavor, as well as all the sci- Waters Canoe Wilderness Area and downed related transportation accident and incident in- entists and engineers who wrote to me ex- millions of trees. Not only did this devastate vestigation if there is also an infrastructure fail- pressing their support for this program. the wilderness area and its surroundings, it ure component. The amendment also ensures Madam Speaker, in closing, I urge my col- also created a huge fire hazard from the fallen that if another Federal agency with jurisdiction leagues to support this bill, but more impor- timber. over the infrastructure investigates the failure, tantly, I urge us all to help the people of Haiti The citizens of Minnesota made every effort such agency investigation will have priority and Chile in any way we can as they attempt to reduce the risk of the fire. Residents in the over the NIST investigation. I look forward to to clean up and rebuild. The hopes and pray- affected areas utilized Federal Emergency continued work with the Committee on ers of everyone in this Chamber are with Management Agency, FEMA, mitigation funds Science and Technology on this provision as them. to install outdoor sprinkler systems to protect we move ahead with this legislation. against wildfire. Unfortunately, although not I urge my colleagues to join me in sup- Mr. GORDON of Tennessee. Madam unpredictably, in 2007, the Ham Lake Fire porting H.R. 3820, the ‘‘Natural Hazards Risk Speaker, I would like to thank Subcommittee struck the area. The structures that had in- Reduction Act of 2010.’’ Chairman DAVID WU, Subcommittee Ranking stalled and maintained sprinkler systems were Mr. COSTA. Madam Speaker, I rise today in Member ADRIAN SMITH, and Ranking Member protected from the fire. This is another good strong support of H.R. 3820, the Natural Haz- RALPH HALL for their hard work on this very example of how important it is to reduce the ards Risk Reduction Act of 2009. As a rep- important legislation that will do so much to risk of natural hazards. resentative of a state that faces perhaps more help protect our communities from natural dis- H.R. 3820 contains several amendments at natural hazard risk than any other—including asters. I also want to recognize the work of the request of the Committee on Transpor- not just from earthquakes, but also wildfires, the Natural Resources Committee as well as tation and Infrastructure that will help ensure windstorms, landslides, and tsunamis—I can- the Transportation and Infrastructure Com- the earthquake, windstorm, and wildfire risk not overstate the importance of the programs mittee in arriving at the text we are consid- reduction programs authorized in this bill are authorized in this legislation, which are essen- ering today. Both Chairman RAHALL and Chair- consistent with FEMA’s all-hazards approach. tial for protecting the lives and property of tens man OBERSTAR have been enormously helpful While the Federal Government currently ad- of millions of Californians. in getting this bill to the floor today. In addi- ministers risk reduction programs for earth- Two tragedies over the past two months tion, I want to recognize JIM COSTA, who quakes, floods, and windstorms as free-stand- have shown us the dramatic difference that chairs the Subcommittee on Energy and Min- ing programs, it is important that such pro- comes from being properly prepared for a nat- eral Resources at the Natural Resources grams do not operate completely independ- ural disaster. The magnitude 7.0 earthquake in Committee, and who has been a leader in ently or in a ‘‘stove piped’’ manner. In the Haiti on January 12th struck a country that working to protect our communities from earth- past, I have strongly opposed efforts by the was woefully unprepared for such an event. quakes. At this time I would like to insert an Department of Homeland Security to channel Unreinforced buildings collapsed like houses exchange of letters between Chairman RAHALL Federal resources and focus away from all- of cards, and an almost unfathomable 200,000 and myself into the RECORD, and once again hazards preparedness and response programs people were killed. This past Sunday, a far- thank both Chairmen for their support.

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\A02MR7.008 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H984 CONGRESSIONAL RECORD — HOUSE March 2, 2010 HOUSE OF REPRESENTATIVES, proceedings on this motion will be contributions made by engineers can be ex- COMMITTEE ON NATURAL RESOURCES, postponed. pressed through research, development, Washington, DC, February 24, 2010. standardization, and innovation. f Hon. BART GORDON, The SPEAKER pro tempore. Pursu- Chairman, Committee on Science and Tech- NATIONAL ENGINEERS WEEK ant to the rule, the gentleman from Or- nology, Washington, DC. Mr. WU. Madam Speaker, I move to egon (Mr. WU) and the gentleman from DEAR MR. CHAIRMAN: Thank you for the op- portunity to work with you on H.R. 3820, the suspend the rules and agree to the reso- Georgia (Mr. BROUN) each will control Natural Hazards Risk Reduction Act of 2009, lution (H. Res. 1097), supporting the 20 minutes. which was referred to the Committee on goals and ideals of National Engineers The Chair recognizes the gentleman Science and Technology, and in addition to Week, and for other purposes. from Oregon. the Committee on Natural Resources. The Clerk read the title of the resolu- GENERAL LEAVE Because of the continued cooperation and tion. Mr. WU. Madam Speaker, I ask unan- consideration that you have afforded me and The text of the resolution is as fol- imous consent that all Members may my staff in developing these provisions, and lows: have 5 legislative days to revise and ex- knowing of your interest in expediting this H. RES. 1097 legislation, I am willing to waive further tend their remarks and to include ex- Whereas engineers use their professional, consideration of H.R. 3820 by the Committee traneous material on House Resolution scientific, and technical knowledge and on Natural Resources at this time. Of course, skills in creative and innovative ways to ful- 1097, the resolution now under consid- this waiver is not intended to prejudice any fill the needs of society; eration. future jurisdictional claims over the provi- Whereas engineers have helped to address The SPEAKER pro tempore. Is there sions of this legislation or similar language. the major technological and infrastructural objection to the request of the gen- I also reserve the right to seek to have con- challenges of our time, including providing ferees named from the Committee on Nat- tleman from Oregon? water, defending the Nation, and developing ural Resources on these provisions, and re- There was no objection. clean energy technologies that are needed to quest your support if such a request is made. Mr. WU. Madam Speaker, I yield my- power the American people into the future; Please place this letter into the committee self such time as I may consume. Whereas engineers are a crucial link in re- report on H.R. 3820 and into the Congres- Madam Speaker, I rise today in sup- search, development, and the transformation sional Record during consideration of the of scientific discoveries into useful products port of House Resolution 1097, sup- measure on the House floor. and jobs, as the people of the United States porting the goals and ideals of National With warm regards, I am look more than ever to engineers and their Engineers Week. Sincerely, imagination, knowledge, and analytical I would first like to thank my friend NICK J. RAHALL II, skills to meet the challenges of the future; and colleague, the chairman of the Chairman, Committee on Natural Resources. Whereas engineers play a crucial role in Subcommittee on Research and developing the consensus engineering stand- COMMITTEE ON SCIENCE Science Education, Mr. LIPINSKI, for in- ards that promote global collaboration and AND TECHNOLOGY, troducing this resolution. As one of support reliable infrastructures; Washington, DC, February 24, 2010. Whereas the sponsors of National Engi- only a handful of engineers in Con- Hon. NICK J. RAHALL II neers Week are working together to trans- gress, Mr. LIPINSKI has and will con- Chairman, Committee on Natural Resources, form the engineering workforce through tinue to be a strong advocate for engi- Washington, DC. greater inclusion of women and underrep- neers and engineering on the Science DEAR CHAIRMAN RAHALL: Thank you for resented minorities; and Technology Committee and in Con- your letter regarding H.R. 3820, the Natural Whereas the 2009 National Academy of En- Hazards Risk Reduction Act of 2009. Your gress. gineering and National Research Council re- support for this legislation and your assist- National Engineers Week, which was port entitled ‘‘Engineering in K–12 Edu- ance in ensuring its timely consideration are held from February 14 to February 20, cation’’ highlighted the potential role for en- greatly appreciated. has grown into a formal coalition of gineering in primary and secondary edu- I agree that provisions in the bill are of ju- cation as a method to improve learning and more than 100 engineering, education, risdictional interest to the Committee on achievement in science and mathematics, in- and cultural societies, major corpora- Natural Resources. I acknowledge that by crease awareness of engineering and the tions, and government agencies. Its discharging the Committee on Natural Re- work of engineers, help students understand goal is to raise public awareness of the sources from further consideration of H.R. and engage in engineering design, build in- 3820, your Committee is not relinquishing its significant positive contributions to terest in pursuing engineering as a career, jurisdiction and I will fully support your re- society by engineers and encourage and increase technological literacy; quest to be represented in a House-Senate students to become engineers. Whereas an increasing number of the ap- conference on those provisions over which This resolution supports the goals proximately 2,000,000 engineers in the United the Committee on Natural Resources has ju- States are nearing retirement; and ideals of National Engineers Week. risdiction. A copy of our letters will be Whereas National Engineers Week has de- It also pledges that the House of Rep- placed in the Committee Report on H.R. 3820 veloped into a formal coalition of more than resentatives will work with the engi- and in the Congressional Record during con- 100 professional societies, major corpora- neering community to make sure that sideration of the bill on the House floor. tions, and Government agencies that are I value your cooperation and look forward the creativity and contribution of the dedicated to ensuring a diverse and well-edu- to working with you as we move ahead with engineering community can be ex- cated engineering workforce, promoting lit- this important legislation. pressed through research, development, eracy in science, technology, engineering, Sincerely, standardization, education, and inno- and math, and raising public awareness and BART GORDON, appreciation of the contributions of engi- vation. Chairman. neers to society; This is a vitally important cause for Mr. WU. Madam Speaker, I yield Whereas National Engineers Week is cele- our country’s future well-being. As back the balance of my time. brated during the week of George Washing- China and India graduate record num- The SPEAKER pro tempore. The ton’s birthday to honor the contributions bers of engineers, the number of engi- question is on the motion offered by that the first President, who was both a neering graduates in the United States the gentleman from Oregon (Mr. WU) military engineer and a land surveyor, made is stagnant. This is a troubling sign for that the House suspend the rules and to engineering; and our ability to maintain our edge as the Whereas February 14, 2010, to February 20, pass the bill, H.R. 3820, as amended 2010, has been designated as National Engi- world’s technologic leader. The question was taken. neers Week by the National Engineers Week I might add that numbers alone do The SPEAKER pro tempore. In the Foundation and its coalition members: Now, not tell the story. Quality, as well as opinion of the Chair, two-thirds being therefore, be it quantity, counts, and traditionally we in the affirmative, the ayes have it. Resolved, That the House of Representa- in this country have focused on quality Mr. BROUN of Georgia. Madam tives— and maintaining the best education Speaker, on that I demand the yeas (1) supports the goals and ideals of Na- system and the best professional and and nays. tional Engineers Week to increase under- technical communities that we can, standing of and interest in engineering ca- The yeas and nays were ordered. reers and to promote technological literacy and we intend to maintain that lead in The SPEAKER pro tempore. Pursu- and engineering education; and quality also. ant to clause 8 of rule XX and the (2) continues to work with the engineering We also need to continue to highlight Chair’s prior announcement, further community to ensure that the creativity and the importance engineers play in our

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.030 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H985 society and encourage our young peo- Mr. WU. Madam Speaker, I now yield groups to create creative and practical ple to enter into these careers. Engi- such time as he may consume to the solutions to some of the most impor- neering is a challenging field, but one gentleman from Illinois (Mr. LIPINSKI), tant problems facing our Nation and that can be truly rewarding for both the Chair of the Research Sub- the world. Projects like designing fu- the engineer and our society. committee of the Science and Tech- ture cities make engineering come I ask you to join me in supporting nology Committee. alive for students, planting a seed that this effort, and urge passage of House Mr. LIPINSKI. Madam Speaker, I can lead to further studies or a career Resolution 1097. thank the chairman for yielding. in engineering. In fact, research shows I reserve the balance of my time. Madam Speaker, I rise today in sup- our children’s early experience with Mr. BROUN of Georgia. Madam port of H. Res. 1097, supporting the science and engineering are a stronger Speaker, I yield myself such time as I goals and ideals of National Engineers prediction of long-lasting interest in may consume. Week. As one of only a handful of engi- science fields than aptitude tests. By Madam Speaker, H. Res. 1097 sup- neers in Congress, as Chairman WU drawing upon volunteers throughout ports the goals and ideals of National mentioned, I am proud to again spon- country, Engineers Week reaches thou- Engineers Week, which was celebrated sor this resolution honoring National sands of parents, teachers, and stu- this year February 14th through the Engineers Week. dents, exposing them to the excitement 20th. The National Society of Profes- I would like to thank the gentleman of engineering in a real and tangible sional Engineers established one of from Michigan, Dr. EHLERS, for work- way. America’s oldest professional outreach ing with me on this resolution and on I can attest that my own childhood efforts, National Engineers Week, in many other issues. Unfortunately for experiences with science and engineer- 1951, to coincide with President George this institution and for America’s ing captivated me. As I grew up, I was Washington’s birthday. President science and technology policy, Dr. always fascinated with the way things Washington is considered our Nation’s EHLERS announced a couple of weeks work. I remember going to the Museum first engineer, notably for his survey ago that he is retiring at the end of the of Science and Industry in Chicago. work. year. We are going to miss his leader- Touring the coal mine and watching National Engineers Week is observed ship and knowledge, especially in the the model trains run over this enor- by more than 70 engineering, edu- area of science, technology, engineer- mous track layout that they had were cation, and cultural societies, and ing, and math education. I will particu- two of my favorite activities. These ex- more than 50 corporations and gov- larly miss working with him as a co- hibits excited and captivated me. Most erning agencies. The purpose of Na- Chair of the STEM Ed Caucus. Pro- importantly, though, I remember the tional Engineers Week is to call atten- moting STEM Ed, and especially engi- teachers in school who helped mold tion to the contributions to society neering education, is a big part of what this childhood fascination into an in- that engineers make. It is also a time National Engineers Week is all about. terest in engineering. All these experi- Two weeks ago marked the 20th anni- for engineers to emphasize the impor- ences instilled in me the knowledge, versary of National Engineers Week, tance of learning math, science, and confidence, and intellectual curiosity and for each of the 5 years I have intro- technical skills. needed to pursue an undergraduate de- duced this resolution, it seems to get During this week, a wide range of ac- gree in mechanical engineering at more important. tivities are planned in order to pro- Northwestern University, and a mas- mote interest in engineering and tech- b 1445 ter’s degree in systems engineering at nology fields in the K–12 levels. Some Stanford. We continue to fall behind other One of the central goals of National of the events this year included Intro- countries in the STEM fields, with Engineers Week is to provide this kind duce a Girl to Engineering Day, which China seemingly poised to overtake us of inspiration, inspiration that I had as was held on February 18th. Schools and as the leading producer of knowledge a child, to inspire the next generation businesses around the country used within a decade. Our infrastructure of students. We desperately need these this to spark interest and enthusiasm continues to languish, and we face seri- students, since it’s projected that by for science and engineering among ous energy and water challenges in our 2012, about 46 percent of all engineering young women. country. At the same time, we face an jobs could become vacant due to retire- Also Discover Engineering Family urgent need to create jobs. ment by the aging workforce. Edu- Day in Washington, D.C., occurred on If we want to solve these problems, cating and exciting America’s youth February 20, 2010, at the National any of these problems, we need engi- about engineering and science needs to Building Museum. After a full day of neers. Of course, engineers build be a national priority. I understand hands-on activities and amazing dem- bridges and airplanes, but they also are personally that an engineering edu- onstrations, kids and their parents the ones who design our computer net- cation is useful, no matter what some- went home with a new appreciation for works and turn new discoveries into one decides to do. My education helps the wonders of engineering. products, industries, and jobs. The me understand science and technology Engineers are a vital part of the more than 2 million engineers in the issues, STEM education, transpor- American economy. Everywhere you U.S. have helped make our country tation, manufacturing, and risk anal- turn, there is evidence of the hard great, but we need more of them, and ysis. work of an engineer. From designing we need to recognize the contributions But it is more than knowledge. Engi- and constructing cardiac pacemakers they have made and continue to make neering is problem-solving. There are to the very form of transportation we to our Nation. so many problems that we need to find use to move us from one place to an- National Engineers Week seeks to ad- solutions to, in our Nation and in the other, engineering is all around us. dress this problem through events world, and engineers will be involved in I applaud our American engineers aimed at educating youth and fostering finding all of these solutions. and their ingenuity and am pleased to public awareness about the vital con- Madam Speaker, I’d like to again see opportunities such as National En- tributions made by engineers to our thank the gentleman from Michigan, gineers Week that raise awareness and quality of life and our economic pros- Dr. EHLERS, as well as the 27 other co- give credit to all of the engineers and perity. Through programs like Future sponsors of this resolution. I’d also like their valuable work and contributions City Competition, Introduce a Girl to to thank Senator KAUFMAN for intro- to society. I hope that the awareness Engineering Day, and the first robotics ducing a companion resolution in the spreads interest in this rewarding pro- competition, the National Engineers Senate. Above all, I’d especially like to fession to all young people of this Na- Week Foundation confronts the chal- thank the engineers who have contrib- tion. lenge of encouraging more students to uted so much to America and honor I support the goals and ideals of Na- pursue careers in engineering. Engi- them for their commitment to con- tional Engineers Week, and I urge my neering Week comprises numerous tinuing to better our society. I urge my colleagues to do the same. events like the ones I just mentioned. colleagues to pass this resolution. Madam Speaker, I reserve the bal- Another example is students learning Mr. BROUN of Georgia. A lot of kids ance of my time. the value of teamwork as they work in in this country think that engineers

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.015 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H986 CONGRESSIONAL RECORD — HOUSE March 2, 2010 just drive trains, and it’s unfortunate and we were able to work together for society exists as a testament to their commit- that that’s true. But this bill, recog- the public good. Dr. EHLERS, VERN, ment to invention, imagination and scientific nizing the work of engineers, is so im- thank you for your public service. wonder. Engineers have written the pages of portant. Our service academies have Today, I hope that my parents are our history while also plotting the direction of big engineering departments—in all of actually watching C–SPAN because our future. National Engineers Week recog- our military service academies. In my they are both research engineers. At a nizes the accomplishments of America’s engi- own field of medicine, it’s engineers in certain level, I remain concerned that neers and promotes a new generation of dis- the medical field that create a lot of they still regret that I left science and covery. the new products that have helped save technology, first for law, and now for Today, engineers are tackling the largest lives in America and has helped us what I’ll call public service. When I issues of our time. For example, Argonne Na- have the best health care system in the was here on this floor being sworn in, I tional Laboratory, located in my home state of world. can remember seeing them right there. Illinois, is working with government, industry Bringing forth the idea of educating And what was going through my head and international partners to provide nuclear the American public to the importance was, You know, I wonder if my dad is energy that is safe, dependable and environ- of engineering, I think, is extremely still angry that I left science and tech- mentally manageable. Educational institutions valuable. We need to encourage our nology. He cares about it, and my mom such as the Engineering Department at West- kids to consider careers in engineering does also, because they realize that en- ern Illinois University have nurtured creativity because we owe, in our economy and in gineering is hard and that it’s impor- and leadership among its students for dec- our society, a tremendous amount not tant. Recognition in this resolution ades. Western’s reputation for excellence has only to those engineers that drive the today is appropriate because it recog- drawn students from around the world and has trains around and help deliver the nizes that engineering is hard. produced not only fine engineers but also ex- goods that we need throughout the All of us can remember that when we traordinary leaders of business and science. country, but the other engineers that went through college, the engineers Among the many reasons I joined the Con- go to great lengths to help improve our took these classes where they worked gressional Science, Technology, Engineering lives and have made America the really, really hard, and they got three and Mathematics, S.T.E.M., Education Caucus greatest Nation in the world for our in- credits for it. We took some other was to promote ingenuity among the bright novation and our technology. And it’s things that weren’t quite as hard, and minds of the American people. Engineering is a key component to providing the solutions engineers that we owe just a tremen- we got five credits for it. So it is a dif- our nation needs to take on the challenges dous debt of gratitude to for what they ficult thing for a student, and it re- that lie ahead. I am proud to tout the impres- do for this society. mains challenging as a young profes- So I’m very eager to see this legisla- sional. I think that this body and this sive engineering feats that have taken place throughout my district in both the public and tion pass. I’m very proud to be here on Nation should recognize and celebrate private sectors of West Central Illinois. I hope the floor managing this bill. And I en- those things which are hard, at least in to continue working with my colleagues on the courage all of our Members to support part just because they are hard. We S.T.E.M. Education Caucus to craft bipartisan, this legislation so that young men and should do some things because they are pro-engineering legislation to boost America to women across this Nation can under- hard; we should do more of. That is the the forefront of global competitiveness once stand the importance of engineering— American way—to work your way more. that all of society can—and will help to through, to earn your way through, to America’s future is only bound by our imagi- develop interest in the engineering step up to the challenge. nation. The imagination and innovation of field so that young men and women Today, we take a small step with this America’s engineers will continue to promote will go into engineering so we can con- resolution of recognition. I ask that all the growth and development of America, en- tinue with the design and innovation Members support H.R. 1097. suring that our future will have no limit. Engi- I’m happy to yield to the gentleman that has made this country great and neers have not only contributed to our stride will continue the greatness of America. from Georgia. in science and technology, but to our econ- Mr. BROUN of Georgia. I thank the With that, I congratulate Mr. LIPIN- omy, our culture and our lives. SKI and my good friend, Dr. EHLERS, for gentleman for yielding a moment. Madam Speaker, I commend my colleague I was just sitting here thinking, I’m this legislation. I ask all of our col- from Illinois, Representative DANIEL LIPINSKI leagues to support this legislation. sure Mr. WU’s parents are extremely for introducing this worthy resolution which Madam Speaker, I yield back the bal- proud of him, and he can tell them that merits congressional action. I invite all of our ance of my time. he is engaged in engineering. He’s en- colleagues to recognize National Engineers Mr. WU. I yield myself such time as gaged in policy engineering and social Week so that we may honor their contribu- I may consume. engineering here in the U.S. House of tions, past, present and future. I want to agree with my good friend Representatives. And I’m proud that Mr. BLUMENAUER. Madam Speaker, I and colleague from Georgia that Amer- he’s my friend. We have a great time in strongly support H. Res. 1097, Supporting the ica does indeed, does indeed, have the Science and Technology because we goals and ideals of National Engineers Week. best care system in the world, if you can work together and can put person- Throughout my career at the local, State and can pay for it. And the great struggle alities aside. Mr. WU has been just a Federal level, I have worked with engineers in in which we find ourselves today is the phenomenal friend and member of this Oregon and around the country on some of challenge of coming together—of com- committee, and I congratulate him. the world’s biggest challenges. From address- ing together to help all Americans be I’m sure the Wu family is extremely ing climate change to creating livable commu- able to pay for their health care. And I proud of him, even though he’s not in nities to helping deliver clean water to poor want to thank my friend for his service technical engineering. He’s involved in people around the world, engineers are often as a physician and as a Member of this some kind of engineering here in an- the first to roll up their sleeves and build solu- body. other form today. tions. I also want to thank Dr. EHLERS, a Mr. WU. I thank the gentleman. I am Over the past 10 years, I have seen a revo- Ph.D. and physicist, for his service in concerned about my dad. I think my lution within the engineering community, as this body. We have worked on many mom realizes that I’m doing my best, both companies and individuals have been issues together in a bipartisan fashion and I’m just trying to keep science and playing increasingly innovative roles. Organi- because these tend to be the issues technology and engineering well fund- zations such as the American Council of Engi- which come before the Science and ed through this committee. neering Companies and the American Society Technology Committee. For years, I Mr. HARE. Madam Speaker, I rise today in of Civil Engineers have done a tremendous was his ranking member and he was strong support of H. Res. 1097, a resolution job of educating Members of Congress and the chairman. For a few years, I was recognizing National Engineers Week and the the public about the infrastructure challenges the chairman and he was my ranking great contributions of engineers across this this Nation faces as well as presenting com- member. It did not matter who was nation. From increasing energy efficiency to monsense solutions. I hope they will continue playing which role in our agreement designing world-class skyscrapers to launch- to work to leverage their colleagues and their or, quite frankly, in our disagreement. ing the space shuttle, engineers have paved communities to make even more progress on But we were always honest about it, the way for American progress. Our modern these fronts.

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 9920 E:\CR\FM\K02MR7.016 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H987 Engineers are leading the charge to renew and 28 Truman Scholars have graduated from has been educating some of our Na- and rebuild America in an economically and West Point; tion’s best and brightest, who have environmentally sustainable way, and I am Whereas, in addition to academics and gone on to distinguished service as offi- military training, West Point offers extra- cers in our United States military. pleased that we can honor them with this res- curricular activities that include 115 athletic olution highlighting National Engineers Week. and non-sport clubs and the Eisenhower Hall West Point’s mission is, and I quote, Mr. WU. Madam Speaker, I ask all Theatre; and ‘‘To educate, train, and inspire the Members to support the resolution, and Whereas West Point offers a well-rounded, Corps of Cadets so that each graduate I yield back the balance of my time. highly regarded education to the next gen- is a commissioned leader of character The SPEAKER pro tempore. The eration of the Nation’s leaders: Now, there- committed to the values of Duty, question is on the motion offered by fore, be it Honor, Country, and prepared for a ca- Resolved, That the House of Representa- the gentleman from Oregon (Mr. WU) reer of professional excellence and that the House suspend the rules and tives— (1) congratulates the United States Mili- service to the Nation as an officer in agree to the resolution, H. Res. 1097. tary Academy at West Point on being named the United States Army.’’ This mission The question was taken. by Forbes magazine as America’s Best Col- exceeds the scholastic aims of most The SPEAKER pro tempore. In the lege for 2009; academic institutions, and it reflects opinion of the Chair, two-thirds being (2) supports West Point’s mission ‘‘to edu- America’s need for military leaders in the affirmative, the ayes have it. cate, train, and inspire the Corps of Cadets with integrity and a commitment to Mr. WU. Madam Speaker, I object to so that each graduate is a commissioned service. the vote on the ground that a quorum leader of character committed to the values West Point continues to provide ex- is not present and make the point of of Duty, Honor, Country and prepared for a ceptional education that prepares offi- career of professional excellence and service order that a quorum is not present. to the Nation as an officer in the United cers for their roles as future military The SPEAKER pro tempore. Pursu- States Army’’; and leaders year after year. While many in- ant to clause 8 of rule XX and the (3) directs the Clerk of the House of Rep- stitutions have long traditions of aca- Chair’s prior announcement, further resentatives to transmit a copy of this reso- demic success, few match the contin- proceedings on this motion will be lution for appropriate display to the Super- ued contributions West Point Military postponed. intendent of West Point. Academy graduates make year after The point of no quorum is considered The SPEAKER pro tempore. Pursu- year to their country. It is no wonder withdrawn. ant to the rule the gentleman from that two Presidents of the United f Georgia (Mr. MARSHALL) and the gen- States, 74 Congressional Medal of tleman from North Carolina (Mr. Honor recipients, 88 Rhodes Scholars, b 1500 JONES) each will control 20 minutes. 33 Marshall Scholars, and 28 Truman CONGRATULATING UNITED The Chair recognizes the gentleman Scholars have graduated from West STATES MILITARY ACADEMY AT from Georgia. Point. WEST POINT GENERAL LEAVE Madam Speaker, I urge my col- Mr. MARSHALL. Madam Speaker, I Mr. MARSHALL. Madam Speaker, I leagues to support this resolution. move to suspend the rules and agree to ask unanimous consent that all Mem- With that, I reserve the balance of the resolution (H. Res. 747) congratu- bers may have 5 legislative days within my time. lating the United States Military which to revise and extend their re- Mr. JONES. Madam Speaker, I yield Academy at West Point on being marks on the resolution under consid- myself such time as I may consume. named by Forbes magazine as Amer- eration. I rise in strong support of House Res- ica’s Best College for 2009. The SPEAKER pro tempore. Is there olution 747, congratulating the United The Clerk read the title of the resolu- objection to the request of the gen- States Military Academy at West tion. tleman from Georgia? Point on being named by Forbes maga- The text of the resolution is as fol- There was no objection. zine as America’s Best College for 2009. lows: Mr. MARSHALL. Madam Speaker, I I want to commend Representative yield myself such time as I may con- JOHN HALL of New York for sponsoring H. RES. 747 sume. this legislation. Whereas Forbes magazine has named the I rise today to support House Resolu- As our history shows us, West Point United States Military Academy at West tion 747, which was introduced by the has a tradition of excellence that began Point as America’s Best College for 2009; Whereas U.S. News & World Report has gentleman from New York (Mr. HALL), with its establishment in 1802. For named West Point as the Best Public Liberal which honors the recent accomplish- more than 200 years, our Nation in Arts College in the United States; ments of the United States Military peace and war has been made a better Whereas U.S. News & World Report has Academy at West Point for being place by the excellence of the leaders consistently rated West Point’s under- named by Forbes magazine as Amer- produced by the Military Academy. graduate engineering program as among the ica’s Best College for 2009. I would like This most recent recognition of West best in the United States; to thank my friend and colleague from Point by Forbes magazine is just the Whereas the United States has had a mili- New York (Mr. HALL), who is a member latest indication that the tradition of tary presence at West Point since the Revo- lutionary War because of its strategic posi- of the Veterans’ Affairs Committee, for excellence continues. tion overlooking the Hudson River; authoring this resolution and bringing For those of us whose duty it is in Whereas General George Washington se- it to the House floor. the House to be in close contact with lected Thaddeus Kosciuszko to design West The tradition of the West Point Mili- Military Academy graduates, this rec- Point’s fortifications in 1778; tary Academy has always been one of ognition by Forbes magazine comes as Whereas West Point is the oldest continu- great achievement, and I am happy to no surprise. We are reminded fre- ously occupied military post in America; be here today to recognize their excel- quently of the professional excellence Whereas President Thomas Jefferson es- lence. I am particularly pleased to be and commitment to this Nation that tablished the United States Military Acad- emy at West Point in 1802; here because my father and grand- West Point graduates consistently Whereas West Point has educated many of father are both West Point graduates, demonstrate. Those qualities in and of the United States Army’s commissioned offi- now deceased. I should add that both themselves are reason enough that we cers; Mr. HALL and myself are members of should remain supportive of this insti- Whereas West Point instructs 4,400 cadets the Board of Visitors at West Point. So tution that has traditionally and con- per year in academics, military tactics, as you might imagine, we were pleased sistently inspired young men and physical fitness, and leadership—all free of by the news that West Point had been women to live such lives. I urge all tuition; named America’s Best College by Members to support this worthy reso- Whereas 1,000 cadets graduate each year and are commissioned second lieutenants in Forbes. lution. the United States Army; West Point has a tremendous history. Madam Speaker, at this time I re- Whereas 2 Presidents of the United States, Since the establishment of the acad- serve the balance of my time. 74 Congressional Medal of Honor recipients, emy at the direction of President Mr. MARSHALL. Madam Speaker, I 88 Rhodes Scholars, 33 Marshall Scholars, Thomas Jefferson in 1802, West Point would like to yield such time as he

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.023 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H988 CONGRESSIONAL RECORD — HOUSE March 2, 2010 may consume to Mr. HALL of New have earned. I am especially proud of Lieutenant Colonel Dominic R. York, who is the author of this resolu- my nephew, who will be one of the Baragona, U.S. Army ...... USMA 1982 tion. He is also a member of the Vet- graduates of the class of 2010. Colonel Brian D. Allgood, U.S. I ask my colleagues to join us in sup- Army ...... USMA 1982 erans’ Affairs Committee, and chairs Colonel Theodore S. Westhusing, the Disability Assistance and Memorial porting H. Res. 747. U.S. Army ...... USMA 1983 Affairs Subcommittee of the Veterans’ Mr. JONES. Madam Speaker, I would Lieutenant Colonel Michael J. Affairs Committee. He is a great Mem- like to yield 4 minutes to the gen- McMahon, U.S. Army ...... USMA 1985 ber of Congress, and he is also a great tleman from Illinois (Mr. SHIMKUS), a Mr. Douglas B. Gurian ...... USMA 1986 member of the Board of Visitors at West Point graduate himself. Lieutenant Colonel Paul J. West Point. (Mr. SHIMKUS asked and was given Finken, U.S. Army ...... USMA 1989 Mr. HALL of New York. Thank you, permission to revise and extend his re- Lieutenant Colonel James J. Wal- ton, U.S. Army ...... USMA 1989 Mr. MARSHALL, and thank you, Mr. marks.) Major Curtis D. Feistner, U.S. JONES, for your kind words of support Mr. SHIMKUS. Madam Speaker, I am Army ...... USMA 1990 of my legislation, House Resolution honored to come to the floor with my Major William F. Hecker III, U.S. 747. Thank you as well to Chairman good friend, Congressman JONES, and Army ...... USMA 1991 SKELTON and Ranking Member MCKEON also two members of the Board of Visi- Major Guy Barattieri, U.S. Army USMA 1992 for bringing this legislation through tors, Congressman HALL, who also rep- Major Stephen C. Reich, U.S. the Armed Services Committee to the resents that area, and Congressman Army ...... USMA 1993 Major Jason E. George U.S. Army USMA 1994 House floor. MARSHALL, who served honorably in Captain Bartt D. Owens, U.S. Madam Speaker, H. Res. 747 recog- the Vietnam conflict and is a great Army ...... USMA 1994 nizes the achievement of the United friend. They both serve on the Board of Captain James F. Adamouski, States Military Academy at West Visitors, which I have recently been U.S. Army ...... USMA 1995 Point for being named Forbes maga- named on. I look forward to doing the Captain John F. Kurth, U.S. zine’s best college in 2009. Not best job I guess next week, when we meet to Army ...... USMA 1995 military academy, but best college continue the job. Captain Joshua T. Byers, U.S. Army ...... USMA 1996 overall. In fact, the headline on the Congressman MARSHALL did mention Captain Matthew J. August, U.S. front of that issue of Forbes said, ‘‘Why the mission of the United States Mili- Army ...... USMA 1997 West Point Beats Harvard.’’ And I tary Academy, which is, ‘‘To educate, Captain Philip T. Esposito, U.S. think it is something that many of us train, and inspire the Corps of Cadets Army ...... USMA 1997 don’t realize, that not only is the acad- so that each graduate is a commis- Captain Michael J. MacKinnon, emy turning out exemplary officers sioned leader of character committed U.S. Army ...... USMA 1997 who will serve this country with great to the values of Duty, Honor, Country, Captain Mark C. Paine, U.S. creativity and loyalty and imagination and prepared for a career of profes- Army ...... USMA 1997 and energy, but they are turning out Captain Eric T. Paliwoda, U.S. sional excellence and service to the Na- Army ...... USMA 1997 well-rounded students who know about tion as an officer of the United States Captain Ian P. Weikel, U.S. Army USMA 1997 a variety of very important subjects Army.’’ Captain Nathan S. Dalley, U.S. that are taught as well or better at As was noted, I graduated in 1980. I Army ...... USMA 1998 that school as at any public or private had many of my classmates who are Captain Stephen W. Frank, U.S. university in the country. major commanders and leaders in the Army ...... USMA 1998 I have the honor of representing West areas of battle today. The number one Captain Ralph J. Harting III, U.S. Point in the 19th Congressional Dis- responsibility of the Federal Govern- Army ...... USMA 1998 trict of New York, and the 4,400 cadets Captain Christopher B. Johnson, ment is the protection of our citizens. U.S. Army ...... USMA 1998 who make up the student body at the We do that by having a standing mili- Captain Dennis L. Pintor, U.S. United States Military Academy. I also tary. We have learned that the impor- Army ...... USMA 1998 have the honor, along with my friend, tance of having a professional military Captain David A. Boris, U.S. the gentleman from Georgia (Mr. MAR- force is critical. Thomas Jefferson Army ...... USMA 1999 SHALL), of serving on the West Point learned that and instituted the devel- Captain Douglas A. Dicenzo, U.S. Board of Visitors. opment of the United States Military Army ...... USMA 1999 The Forbes rankings were based on Academy in 1802. The important thing Captain Brian S. Freeman, U.S. evaluations of students, the success of Army ...... USMA 1999 that Thomas Jefferson did that was dif- Captain Benedict J. Smith, U.S. the graduates of the school, and on the ferent, though, was he focused on rais- Army ...... USMA 1999 average debt incurred by graduates. It ing the professional military Army out Captain Corry P Tyler, U.S. is a great tribute to the caliber of the of the regular citizens of our country, Army ...... USMA 1999 cadets, the faculty, and the adminis- thus developing this process of which First Lieutenant Leif E. Nott, tration of West Point to be ranked we nominate and we accept. So that it U.S. Army ...... USMA 2000 with and now above the other great in- is not an elite from the elite, but it is Captain Benjamin D. Tiffner, U.S. Army ...... USMA 2000 stitutions of higher learning in this a perspective of all Americans. country based on these important cri- First Lieutenant David R. Bern- Every young man or woman who stein, U.S. Army ...... USMA 2001 teria. achieves good grades, are kids of char- Captain John L. Hallett III, U.S. Graduates of West Point have served acter, strong moral conviction, athlet- Army ...... USMA 2001 their Nation with the highest level of ically fit and sound can compete for Captain Andrew R. Houghton, skill, honor, and devotion for more this opportunity for an education, U.S. Army ...... USMA 2001 than 200 years. More than 70 West which has been noted by the magazine Captain Joe F. Lusk II, U.S. Point grads have received the Medal of article. But they do it for more than Army ...... USMA 2001 Captain Andrew R. Pearson, U.S. Honor for their service to our country. just a good education, because it is at Each of the senior commanding gen- Army ...... USMA 2001 great risk. Because what they have First Lieutenant Michael R. erals in Iraq and Afghanistan are alum- agreed to do is serve their country. Adams, U.S. Army ...... USMA 2002 ni. And 74 West Point graduates have And that is not a small decision to First Lieutenant Todd Bryant, given their lives in Afghanistan and make in this environment. U.S. Army ...... USMA 2002 Iraq. I would like to submit for the Captain Brian M. Bunting, U.S. West Point’s cadets fully embody the RECORD since the global war on terror, Army ...... USMA 2002 academy’s motto, ‘‘Duty, Honor, Coun- since September 11, 2001, a list of those Captain Mark A. Garner, U.S. Army ...... USMA 2002 try.’’ West Point is a national treasure West Pointers who fell in the line of and a jewel of the Hudson Valley, Captain James M. Gurbisz, U.S. duty. Army ...... USMA 2002 where today’s heroes and tomorrow’s Lieutenant Colonel (Ret.) Wil- Captain Drew N. Jensen, U.S. leaders are trained. I am proud of their liam E. Bowers ...... USMA 1979 Army ...... USMA 2002 accomplishments and pleased that they Colonel James W. Harrison, Jr., First Lieutenant Kevin J. Smith, have gotten the recognition that they U.S. Army ...... USMA 1981 U.S. Army ...... USMA 2002

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0655 E:\CR\FM\K02MR7.020 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H989 Captain Torre R. Mallard, U.S. one being at West Point. And I look ghanistan is concerned and the plan to Army ...... USMA 2002 forward to working with my colleagues increase the presence of American sol- Captain Timothy J. Moshier, U.S. to make sure that commitment to ex- diers there. He made the announce- Army ...... USMA 2002 ment in Eisenhower Hall at West Second Lieutenant Leonard M. cellence continues for many years to Cowherd, U.S. Army ...... USMA 2003 come. Point. I was privileged, along with Mr. First Lieutenant Derek S. Hines, I thank my colleague for giving me HALL and a few other Members of Con- U.S. Army ...... USMA 2003 the time. gress, to attend that. I was really Captain Rhett W. Schiller, U.S. Mr. MARSHALL. Madam Speaker, I struck by the fact that the Commander Army ...... USMA 2003 appreciate the words of Mr. SHIMKUS. I in Chief, our President, was talking to First Lieutenant Laura M. Walk- appreciate his service. I hope every- thousands of young men and women, er, U.S. Army ...... USMA 2003 body takes those words to heart. some of whom, for sure, will wind up First Lieutenant Garrison C. being injured, protecting our country Avery, U.S. Army ...... USMA 2004 I yield 3 minutes to the gentleman First Lieutenant Benjamin T. from Oregon (Mr. WU). in Afghanistan. Britt, U.S. Army ...... USMA 2004 Mr. WU. Madam Speaker, I thank Mr. I am wearing my infantry tie today. First Lieutenant Amos ‘‘Cam- MARSHALL for recognizing me for this I have my CIB on. I had the privilege of den’’ R. Bock, U.S. Army ...... USMA 2004 period of time. having a couple years of service back Captain Michael A. Cerrone, U.S. I want to recognize Mr. HALL for his during the Vietnam War. And I say it’s Army ...... USMA 2004 leadership in bringing this resolution a privilege, and I view it that way. Peo- Captain John R. Dennison, U.S. to the floor and for his service to the ple will often say to me, Thank you for Army ...... USMA 2004 your service. And sometimes I will re- Captain David M. Fraser, U.S. congressional district which includes Army ...... USMA 2004 West Point, and Mr. JONES on the Re- spond, You don’t really need to thank Captain Paul W. Pena, U.S. Army USMA 2004 publican side, who has been a good me. I got more out of this than I gave. First Lieutenant Robert A. Seidel friend and colleague. I encourage all young Americans to III, U.S. Army ...... USMA 2004 I have always taken pride in sending think about attending one of our acad- Captain Adam P. Snyder, U.S. good young people to the service acad- emies. West Point has received its rec- Army ...... USMA 2004 emies, including West Point. And now I ognition as the best college in the Captain Daniel P. Whitten, U.S. can say that for those who are going to United States, but all of the academies Army ...... USMA 2004 give wonderful educations, and they First Lieutenant Dennis W. West Point that Forbes has selected Zilinski, U.S. Army ...... USMA 2004 your institution as the finest college in give you a wonderful opportunity to First Lieutenant Jonathan W. America in 2009. I do believe, though, serve. It almost certainly will wind up Edds, U.S. Army ...... USMA 2005 that these young people who go to our being the most extraordinary thing First Lieutenant Matthew C. Fer- service academies are there not only to that you do during your lifetime rara, U.S. Army ...... USMA 2005 get a great education, they are there should you choose to go through one of First Lieutenant Jacob N. Fritz, the academies and then serve in our U.S. Army ...... USMA 2005 for service, and the highest kind of public service, because it puts them at military. That’s certainly the case First Lieutenant Thomas M. Mar- where I am concerned, and I have done tin, U.S. Army ...... USMA 2005 great personal risk. First Lieutenant Phillip I. Neel, My first recollection of visiting West a lot of things in my life. U.S. Army ...... USMA 2005 Point was at the age of 8. At that point The most extraordinary time in my Second Lieutenant Emily J. T. I was an immigrant child. I am not life was when I was in service, particu- Perez, U.S. Army ...... USMA 2005 sure that I knew English completely, larly when I was in combat. So I thank First Lieutenant Timothy W. but I could read well enough to read the country for having given me that Cunningham ...... USMA 2006 opportunity. And if you’re a kid and First Lieutenant Nick A. the stone, that not too large stone there that has a very large phrase on you are thinking about college, you Dewhirst, U.S. Army ...... USMA 2006 ought to think about our service acad- Second Lieutenant Michael R. it: ‘‘Duty, Honor, Country,’’ the words Girdano, U.S. Army ...... USMA 2007 that the United States military has emies. You not only get a great edu- First Lieutenant Daniel B. Hyde, lived by, under civilian leadership, for cation, but you have an opportunity to U.S. Army ...... USMA 2007 over 200 years. And I want to honor serve in a way that you will not be able First Lieutenant Tyler E. Parten, that long gray line that I saw in 1962. to serve in any other capacity in this U.S. Army ...... USMA 2007. I just also wonder whether those acad- country, and you will really feel good Notably, there are three from the emy graduates from the class of ’63 or about it if you do it well. So I thank Mr. JONES. He is a great class of 2007 so far in this campaign. So ’64, whether there are any left in active member of the Armed Services Com- these are real patriots and these are service, and perhaps they would be a mittee, a great Member of this Con- young men and women who since the four-star today. attacks—in fact, if you are at the acad- gress, and a real supporter of the mili- emy and you go out to Lake Frederick b 1515 tary. and climb up on the hill and get on one There is a long line of service. Thank I yield back the balance of my time. The SPEAKER pro tempore. The of the old fire stands, you can see the you very much, Mr. MARSHALL and Mr. question is on the motion offered by outlines of New York City. And when I HALL, for bringing this resolution to was there as a young man, you could us. the gentleman from Georgia (Mr. MAR- see at that time the World Trade Cen- Mr. JONES. Madam Speaker, I just SHALL) that the House suspend the rules and agree to the resolution, H. ter, which is no more. want to briefly thank Mr. HALL and ev- West Point still inspires dedication, eryone who has spoken today. Res. 747. The question was taken. commitment, and young men and I do not know a bigger thrill for me, The SPEAKER pro tempore. In the women who want to serve their coun- as a congressman, when I call a young opinion of the Chair, two-thirds being try at a great institution of higher person in my district, whom I have in the affirmative, the ayes have it. learning, being prepared to put their nominated to one of the three acad- Mr. MARSHALL. Madam Speaker, on lives on the line in the defense of their emies, to tell them to expect a letter of that I demand the yeas and nays. country. appointment. It is a thrill that every The yeas and nays were ordered. So I appreciate this time just to time I make the call, every time it is a The SPEAKER pro tempore. Pursu- highlight what we do at West Point, thrill. ant to clause 8 of rule XX and the but also at our other academies, the I want to thank Mr. HALL for this Chair’s prior announcement, further Naval Academy, the Air Force Acad- resolution today and also Mr. MAR- proceedings on this motion will be emy—that is hard for me to say—Coast SHALL and those who have spoken. postponed. Guard Academy, Merchant Marine I yield back the balance of my time. f Academy. And we want to make sure Mr. MARSHALL. Madam Speaker, that all our young men and women earlier this year, the President made HONORING 139TH AIRLIFT WING know that they have a great oppor- an announcement concerning troop Mr. MARSHALL. Madam Speaker, I tunity to serve their country, the best buildup, the proposed plan where Af- move to suspend the rules and agree to

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.012 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H990 CONGRESSIONAL RECORD — HOUSE March 2, 2010 the resolution (H. Res. 699) expressing GENERAL LEAVE SAM GRAVES of Missouri for sponsoring the appreciation of Congress for the Mr. MARSHALL. I ask that all Mem- this legislation. service and sacrifice of the members of bers have 5 legislative days in which to The 139th Airlift Wing is a remark- the 139th Airlift Wing, Air National revise and extend their remarks on the ably diverse and capable unit. For ex- Guard, as amended. resolution under consideration. ample, one of its major subordinate The Clerk read the title of the resolu- The SPEAKER pro tempore. Is there units is the Advanced Airlift Tactics tion. objection to the request of the gen- Training Center. That unit exemplifies The text of the resolution is as tleman from Georgia? the total force concept because its follows: There was no objection. members come not only from the Air Mr. MARSHALL. Madam Speaker, I National Guard but also from the Air H. RES. 699 yield myself such time as I may con- Force Reserve and the active Air Whereas the 139th Airlift Wing (AW), Air sume. Force. They provide advanced tactical National Guard has its roots in the forma- Madam Speaker, I rise today in sup- tion of the 180th Bombardment Squadron training to improve the effectiveness (Light), which was one of the first federally port of House Resolution 699, recog- and suitability of airlift crews from all recognized Air National Guard units in the nizing the service and sacrifice of the components of the Air Force—the Spe- United States; members of the 139th Airlift Wing of cial Operations Command, the Marine Whereas the 180th Bombardment Squadron the Air National Guard. I would like to Corps, and 15 allied nations. deployed in support of the Korean War in De- thank my colleague, the gentleman Members of the wing have deployed cember 1951; from Missouri (Mr. GRAVES), for bring- in support of operations in Iraq and Af- Whereas in 1976, the unit was redesignated ing this resolution before the House. ghanistan, to include providing the se- as the 139th Tactical Airlift Group (TAG); Units of the Air National Guard play Whereas in 1990, the 139th TAG assisted in curity element for a Missouri agri- troop deployment during Operation Desert a critical role in America’s wars and business development team that re- Storm; major contingencies as well as provide turned last fall from a year-long mis- Whereas in 1992, the unit was redesignated valuable assistance to their States in sion in Afghanistan. The success of the the 139th Airlift Group (AG); times of crisis. I’m extraordinarily 139th Airlift Wing is directly related to Whereas, between 1992 and 1996, the 139th proud of Georgia’s Air National Guard the dedication, sacrifice, and profes- AG supported humanitarian operations in and the 116th blended wing that’s sionalism of the nearly 2,500 civilian Bosnia, Sarajevo, Africa, and Haiti; housed at Robins Air Force Base. The and military personnel who carry out Whereas in 1995, the unit officially became 139th Airlift Wing has roots in one of known as the 139th Airlift Wing; the unit’s missions. Their efforts de- Whereas, between 1998 and 2004, the 139th the federally recognized Air National serve our recognition and thanks. For AW supported military operations alongside Guard units in the United States, and that reason, I urge all Members to sup- North Atlantic Treaty Organization (NATO) it continues to be an important part of port this resolution. forces as part of Operation Joint Forge in defense efforts at home and abroad. Madam Speaker, I yield 5 minutes to Europe; The unit deployed in support Oper- the gentleman from Missouri (Mr. Whereas in 2002, the 139th AW deployed in ation Enduring Freedom in Afghani- GRAVES) who introduced this resolu- support of Operation Enduring Freedom in stan and assisted in troop deployment tion. Afghanistan; during Operation Desert Storm. In the Mr. GRAVES. Madam Speaker, last Whereas in 2005, the 139th AW assisted with July I was humbled and honored to in- disaster relief efforts in response to Hurri- 1990s, the 139th supported humani- cane Katrina; tarian operations in Bosnia, Sarajevo, troduce House Resolution 699, express- Whereas in December 2007, the 139th AW Africa, and Haiti. In addition to their ing the appreciation of Congress for the was enlisted to support efforts in response to efforts overseas, in 2005, they assisted service and sacrifice of the members of a devastating ice storm that struck North- with disaster relief efforts in response the 139th Airlift Wing, Missouri Air Na- west Missouri; and to Hurricane Katrina. Today, thou- tional Guard. Since World War II, the Whereas the 139th AW hosts the renowned sands of civilian and military per- men and women of the 139th have been Advanced Airlift Tactics Training Center sonnel from northwest Missouri and based at Rosecrans Memorial Airport (AATTC); in St. Joseph, Missouri, which is in my Whereas NATO air forces utilize the northeast Kansas serve selflessly in the AATTC in support of training operations; unit. district. Whereas in 2008, the Headquarters United The 139th Airlift Wing provides es- First, I want to thank Chairman States Air Force General Officers’ Steering sential support to maintenance and SKELTON and Ranking Member MCKEON Committee approved a Total Force Integra- growth of the armed services. The unit for allowing this important resolution tion Initiative designating the AATTC as a is home to the Advanced Airlift Tactics to come to the floor today. And fur- blended unit of Air National Guard, Air Training Center that trains U.S. airlift ther, I want to thank my colleagues Force Reserve, and Regular Air Force mem- crews and support personnel as well as who joined me in cosponsoring this res- bers; olution and helping move forward such Whereas in 2008, the AATTC was des- NATO air forces in advanced tactics ignated the Mobility Air Forces Tactics Cen- training. an important tribute. I would also like ter of Excellence; House Resolution 699 recognizes the to recognize the 139th Airlift Wing’s Whereas nearly 2,500 civilians and military dedication and courage of not only the commanders—at least those whom I personnel from Northwest Missouri and members of the 139th Airlift Wing and have been able to work with—General Northeast Kansas serve selflessly in the their families and service to the Na- Steven McCamy, Colonel Davenport, 139th AW: Now, therefore, be it tion, but also all of the members of the General Stephen Cotter, and, most re- Resolved, That the House of Representa- Armed Forces who have served or are cently, the new commander, Colonel tives— currently serving in support of the Mike McEnulty. Colonel McEnulty has (1) recognizes the exemplary service and been a dynamic leader in working to sacrifice of the members of the 139th Airlift United States military contingency op- Wing and their families; and erations. All our servicemembers and continue and expand the role of the (2) commends the members of the 139th AW their families deserve our deepest grat- Missouri Air National Guard, and he is and their families (and all of the other mem- itude and respect. an invaluable resource to my office, bers of the Armed Forces who have served, or I urge my colleagues to join me in our military, and, obviously, the St. who are currently serving, in support of recognizing the exemplary service and Joseph community. United States military contingency oper- sacrifices of the 139th Airlift Wing by The 139th Airlift Wing, initially des- ations) for their service and sacrifice on be- supporting House Resolution 699. ignated as the 180th Bombardment half of the United States. I reserve the balance of my time. Squadron, has been serving our Nation The SPEAKER pro tempore. Pursu- Mr. JONES. Madam Speaker, I yield proudly since 1946, which makes it one ant to the rule, the gentleman from myself such time as I may consume. of the first federally recognized Air Na- Georgia (Mr. MARSHALL) and the gen- I rise in support of House Resolution tional Guard units in the Nation. They tleman from North Carolina (Mr. 699, which recognizes the service and have deployed, and it has already been JONES) each will control 20 minutes. sacrifice of the members of the 139th pointed out, they have deployed and The Chair recognizes the gentleman Airlift Wing, Missouri Air National supported the Korean War, Operation from Georgia. Guard. I want to commend my friend Desert Storm, military operations

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.024 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H991 alongside NATO forces as part of Oper- Mr. MARSHALL. Madam Speaker, on The SPEAKER pro tempore. Pursu- ation Joint Forge in Europe, and Oper- that I demand the yeas and nays. ant to the rule, the gentleman from ation Enduring Freedom in Afghani- The yeas and nays were ordered. Georgia (Mr. MARSHALL) and the gen- stan. And the members of the 139th The SPEAKER pro tempore. Pursu- tleman from North Carolina (Mr. Airlift Wing have also assisted with hu- ant to clause 8 of rule XX and the JONES) each will control 20 minutes. manitarian efforts in response to the Chair’s prior announcement, further The Chair recognizes the gentleman great flood of 1993, Hurricane Katrina, proceedings on this motion will be from Georgia. severe storms that struck northwest postponed. GENERAL LEAVE Missouri in 2007, and most recently in f Mr. MARSHALL. I ask that all Mem- response to the devastating earthquake bers have 5 legislative days in which to in Haiti. RECOGNIZING MILITARY WORKING revise and extend their remarks. In 1984, the 139th Airlift Wing became DOG PROGRAM The SPEAKER pro tempore. Is there home to the Advanced Airlift Tactics Mr. MARSHALL. Madam Speaker, I objection to the request of the gen- Training Center, which some have al- move to suspend the rules and agree to tleman from Georgia? ready pointed out today. The Advanced the resolution (H. Res. 812) recognizing There was no objection. Airlift Tactics Training Center in- the significant contributions of the Mr. MARSHALL. Madam Speaker, I creases the warfighting effectiveness Military Working Dog (MWD) Program yield myself such time as I may con- and the survivability of mobility forces to the United States Armed Forces, as sume. in a combat environment and is uti- amended. I rise today in support of House Reso- lized by our military and NATO forces The Clerk read the title of the resolu- lution 812, recognizing the significant from around the world. It is used by tion. contributions of the Military Working Dog Program to the United States Reserve units and active duty units. The text of the resolution is as fol- It’s always interesting, whenever I Armed Forces. I would like to thank lows: have the opportunity to travel abroad, my colleague from New Jersey (Mr. H. RES. 812 whether it’s to Afghanistan or to Iraq, LANCE) for bringing this measure be- a lot of times Members of Congress Whereas the Military Working Dog Pro- fore the House. would travel with C–17 crews or C–130 gram, or K–9 Corps, was developed in 1942, Military working dogs contribute es- crews, and one of the things I always shortly after the United States entered sential services to our Armed Forces ask them is if they’ve been through the World War II; Whereas all four branches of the United through their capacity to detect explo- school at St. Joe, and 80 percent of the States Armed Forces as well as other govern- sives, illegal narcotics, and unwar- time they say, yes, they have. They’ve ment agencies, including the Secret Service, ranted persons beyond the capacity of been to the Advanced Airlift Tactics Central Intelligence Agency, and Transpor- any human patrol. They offer an in- Training Center, which has taught tation Security Administration, use Military valuable ability for tracking missing them survivability in those areas. Working Dogs in service to the country; people as well as fleeing suspects. Lastly, I want to express my sincere Whereas Military Working Dogs are Their support with sentry is crucial for gratitude to the nearly 2,500 civilian trained in explosive detection, narcotic de- the protection of our soldiers and civil- and military personnel from northwest tection, sentry, patrol, tracking, and other specific areas; ians, and they are vital in so many dif- Missouri and northeast Kansas which ferent roles. Our military would not be serve selflessly in the 139th Airlift Whereas Military Working Dogs, through their training, have prevented injuries and as effective without them. Wing. I commend their exemplary serv- saved the lives of thousands of United States Military working dogs serve the four ice and sacrifice and that of their fami- citizens; branches of the military, the Secret lies and that of all other members of Whereas more than 19,000 Military Work- Service, the Central Intelligence Agen- the Armed Forces who have served, ing Dogs were acquired by the United States cy, and the Transportation Security who are currently serving and are sup- Armed Forces during World War II and of Administration. Their service has de- porting the United States military con- those 19,000, a little more than 10,000 Mili- veloped and expanded since their im- tingency operations at home and tary Working Dogs were utilized in the war effort; plementation in 1942 during World War abroad. II and has since played important roles Madam Speaker, please join me in Whereas more than 1,500 Military Working overseas in Korea, Vietnam, Iraq, and thanking the men and women of the Dogs were employed during the Korean War Afghanistan. 139th Airlift Wing by supporting this and 4,500 in the Vietnam War; Whereas, since September 11, 2001, Military 1530 important resolution. Working Dogs have served in Iraq and Af- b Mr. JONES. Madam Speaker, I yield ghanistan and have been employed in detec- The Military Working Dog Program back the balance of my time. tion work as part of homeland security and has increased its role in safeguarding Mr. MARSHALL. Madam Speaker, I defense efforts; our homeland. Since September 11, certainly hope that the House will sup- Whereas today approximately 2,000 Mili- 2001, our expanded homeland and de- port House Resolution 699. tary Working Dogs serve at nearly 170 fense efforts would not be as effective I just want to take this opportunity, United States military bases worldwide, in- if it were not for the expanded effort of on behalf of all members of the Armed cluding bases in 40 States and 3 United Services Committee and all Members States territories; the Military Working Dog Program. of the Congress, to thank the men and Whereas retired Military Working Dogs are Thousands of dogs serve every year women of our National Guard, what- recognized for their lifetime of service in the both in the United States and around ever branch, for the service that you United State Armed Forces; and the world, and I am glad to be here Whereas charitable organizations and com- today in honor of their service. provide this country and particularly munity groups are recognized for their work the service that you are providing this I reserve the balance of my time. in coordination with the Department of De- Mr. JONES. Madam Speaker, I yield country in our contingency operations. fense to help bring Military Working Dogs myself such time as I may consume. It’s a strain on you. It’s a strain on stationed overseas home to the United Madam Speaker, I rise in support of your families, and we’re grateful. The States for adoption when their active duty House Resolution 812, which recognizes Nation owes you. We appreciate your days are over and provide support to active the significant contribution of the service. K9 military teams worldwide: Now, there- I yield back the balance of my time. fore, be it Military Working Dog Program to the The SPEAKER pro tempore. The Resolved, That the House of Representa- United States Armed Forces. Dogs question is on the motion offered by tives— have long been known as man’s best the gentleman from Georgia (Mr. MAR- (1) recognizes the significant contributions friend. They are brave, loyal, and of the Military Working Dog Program to the SHALL) that the House suspend the trustworthy. It is not a coincidence United States Armed Forces; rules and agree to the resolution, H. that these are the same traits so val- (2) honors active and retired Military ued by the United States military serv- Res. 699, as amended. Working Dogs for their loyal service and The question was taken. dedication to protecting the men and women ices. It is these qualities that have The SPEAKER pro tempore. In the of the United States Armed Forces; and made our Armed Forces unsurpassed. It opinion of the Chair, two-thirds being (3) supports the adoption and care of these is no wonder that the natural bond be- in the affirmative, the ayes have it. quality animals after their service is over. tween man and dogs and these shared

VerDate Nov 24 2008 03:01 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.026 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H992 CONGRESSIONAL RECORD — HOUSE March 2, 2010 characteristics have made military Forces adopted the Military Working military working dog units, K–9 Sol- working dogs vital to the success of Dog Program, called ‘‘the K–9 Corps,’’ diers and many other community our Armed Forces since the K–9 Corps shortly after the attack on Pearl Har- groups work closely with the adoption was established during World War II. bor, when dog owners across the Nation program at Lackland Air Force Base in Prior to the Second World War, the donated their noble pets to assist sol- Texas to help secure a home for mili- only dogs employed by the military diers and sailors in the World War II ef- tary working dogs once they retire. were sled dogs used by the Army in fort. Thanks to their efforts, hundreds of re- Alaska. War dogs, as they were called Since that time, military working tired military working dogs have been in World War II, were trained to be sen- dog training has been continually re- able to find good homes and continue try dogs, scouts or patrol dogs, mes- fined to produce a highly sophisticated to lead happy and healthy lives after senger dogs, and mine-detection dogs. and versatile extension of the warrior’s their years of loyal service to the Na- Today, military working dogs provide own senses. Military working dogs are tion. critical services in explosives and nar- trained in explosives detection, nar- I thank the chairman and the rank- cotics detection, sentry, patrol, and cotics detection, sentry, patrol, track- ing member for allowing us to bring tracking, not only to the military serv- ing, and other specific areas. Even the this resolution to the floor, and the ices but to the Secret Service, Central most complex machines remain unable Members who are cosponsors of House Intelligence Agency, and the Transpor- to duplicate the operational effective- Resolution 812. I encourage all of my tation Security Administration. ness of properly trained working dogs. colleagues to support this resolution Currently there are over 2,000 mili- The branches of the United States and honor the thousands of active and tary working dogs serving at military Armed Forces as well as several other retired military working dogs that bases throughout the world. Over 250 governmental agencies incorporate have helped save lives and protected are serving in Iraq and Afghanistan military working dogs into their oper- the members of our Armed Forces in alongside our troops fighting to rid the ations, including, as has been men- harm’s way. word of tyranny and terrorism. These tioned, the Secret Service, the Central Mr. MARSHALL. Madam Speaker, I dogs are credited with saving countless Intelligence Agency, and the Transpor- yield myself such time as I may con- American and coalition lives by their tation Security Administration. sume. actions and are recognized as a true The United States military utilized I simply observe that our very effec- force multiplier and enabler. more than 10,000 dogs in World War II. tive military dogs cannot function at Sadly, military working dogs experi- More than 1,500 military working dogs all without their handlers, and so I ence the same hardships and horrors of were employed during the Korean War, would just like to recognize and thank combat as the men and women they and 4,500 in the Vietnam War. Since those who work with these dogs and work to protect, including paying the September 11, military working dogs make them all they can be. The dogs ultimate price with their lives. Since have served not only in Iraq and Af- are very important to security efforts the beginning of the program, hundreds ghanistan but also in detection work as by our Armed Forces, and without of dogs have been killed in action, 281 part of homeland security and defense their handlers and the general support in the Vietnam War alone. efforts. Approximately 2,000 military they receive from others, they would On a brighter note, Madam Speaker, working dogs currently serve at nearly not be effective at all. today’s military working dogs are re- 170 U.S. military bases worldwide, in- I reserve the balance of my time. tired after their lifetime of military cluding bases in 40 U.S. States and Mr. JONES. Madam Speaker, I would service. With the help of the countless three U.S. territories. Over the past six like to yield 2 minutes to the gen- charitable and community agencies decades, these dogs have helped pre- tleman from Pennsylvania (Mr. THOMP- working with the Department of De- vent injuries and have saved the lives SON). fense, these dogs are placed for adop- of thousands of Americans. Mr. THOMPSON of Pennsylvania. tion after their active duty service is This resolution to honor these brave Madam Speaker, I rise today in support over. They bring joy to their adoptive canines was inspired by a military of House Resolution 812 recognizing the families and serve as ambassadors for working dog that was adopted by a significant contributions of the Mili- the Military Working Dog Program. family in Fleming, New Jersey, in my tary Working Dog Program to the Madam Speaker, I would like to congressional district. Military Work- United States Armed Forces, and I thank the gentleman from New Jersey ing Dog Ben C020 was retired from the thank my good friend from New Jersey for introducing this resolution to rec- Air Force last July after nearly 11 for bringing forth this resolution. ognize the extraordinary military years of loyal service in the military. As my colleagues have stated, mili- working dogs. I join him and all of my Ben, trained as a narcotics and patrol tary working dogs have served side by colleagues to honor these incredible dog, served with a security unit at side with the brave men and women dogs and their military handlers and to Bolling Air Force Base. As the pre- protecting our Nation. They serve as support adoption of military working mium narcotics dog in the unit, he was loyal companions in combat and be- dogs who have served this Nation so selected to deploy to Texas to assist yond to their handlers. Many of these well. I therefore strongly urge all Mem- the United States Customs and Border working dogs serve on the front lines bers to support this resolution. Protection agency, where he detected as bomb sniffing dogs, detecting explo- Madam Speaker, I yield 5 minutes to and prevented 300 pounds of marijuana sives and other threats, but also work- the gentleman who introduced this leg- from being smuggled into the U.S. in ing narcotics detection, patrols, and islation, the gentleman from New Jer- one month. Ben also worked in law en- even as sentries, alerting our brave sol- sey (Mr. LANCE). forcement, foot patrols, and resource diers when they are in danger. Mr. LANCE. Madam Speaker, I thank security to keep employees, residents, Back in 2005, then Air Force Tech the gentleman from North Carolina and visitors at the Air Force base safe. Sergeant Jamie Dana and her military and the gentleman from Georgia. In September, the Air Force awarded working dog Rex were traveling in a Madam Speaker, I rise today as the Ben with a medal of commendation to convoy in Kirkuk, Iraq, after searching proud sponsor of House Resolution 812, recognize the major achievements that several villages for explosives. Rex, a 5- legislation to honor and recognize the he has achieved throughout his career. year old, 80-pound German shepherd, significant contributions made by mili- House Resolution 812 also recognizes had been working with Dana for more tary working dogs to the United States community organizations for their ef- than 3 years. Returning to base that military and to our Nation. forts to assist in the adoption process evening, her Humvee was hit by an im- Dogs have been used by people to of retired military working dogs. J.T. provised explosive device. Dana was the help protect themselves and their prop- Gabriel, a constituent of mine and most badly injured in the convoy, and erty since ancient times. Trained dogs Ben’s new owner, is the chief executive was rushed to the operating room by have been used by most of the world’s officer and founder of K–9 Soldiers, a helicopter, continuously asking if Rex military forces since the first military nonprofit organization that supports had survived the blast. units were organized. From these an- military K–9 troops worldwide. In addi- ‘‘My heart was broken,’’ Dana said. cient beginnings, the U.S. Armed tion to providing support for active ‘‘He was my best friend. Rex and I were

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.029 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H993 together 24/7, and my life was in his b 1545 Members may revise and extend and in- hands, just as his life was in mine. I RECOGNIZING LOUISIANA STATE sert extraneous material on House Res- thought he was dead.’’ UNIVERSITY olution 1072 into the RECORD. Dana then went through several sur- The SPEAKER pro tempore. Is there geries and defied the odds, continuing Mr. COURTNEY. Mr. Speaker, I move objection to the request of the gen- to improve and get better. During her to suspend the rules and agree to the tleman from Connecticut? recovery at Walter Reed, she awoke resolution (H. Res. 1072) recognizing There was no objection. one day to find a big surprise: Rex was Louisiana State University for 150 Mr. COURTNEY. Madam Speaker, I there, alive, with little more than a years of service and excellence in high- yield myself such time as I may con- slight burn on his nose. er education, as amended. sume. The SPEAKER pro tempore. The The Clerk read the title of the resolu- Madam Speaker, I rise today in sup- time of the gentleman has expired. tion. port of H. Res. 1072, which celebrates Mr. JONES. Madam Speaker, I yield The text of the resolution is as fol- Louisiana State University for 150 lows: years of service and leadership in high- an additional 21⁄2 minutes to the gen- tleman from Pennsylvania. H. RES. 1072 er education. Mr. THOMPSON of Pennsylvania. Whereas classes began at Louisiana State Founded in 1860 as a seminary school Dana’s best friend, Rex, was alive. University, formerly named Seminary of and a military academy, the university However, the reunion was short-lived Learning of the State of Louisiana, on Janu- has grown to educate more than 26,000 as Rex was scheduled to be brought ary 2, 1860; students annually, including more than Whereas Louisiana State University is the 1,400 international students and over back into service. flagship institution of the State of Lou- Growing up in Smethport, Pennsyl- 4,000 graduate students. The students isiana, and is a land-grant, sea-grant, and and faculty, past and present, guide vania, in Pennsylvania’s Fifth Congres- space-grant institution; sional District, Dana has always loved Whereas Louisiana State University devel- LSU to its current standing as the flag- animals, especially dogs and horses. oped seven institutions of higher learning in ship public university of the State of During her recovery, she repeatedly the State of Louisiana so that educational Louisiana. LSU’s dedication in the classroom is asked to adopt Rex. However, she was opportunities would be available to the far matched by its athletic excellence. The not allowed to keep him until Con- reaches of the state; Whereas Louisiana State University has university fields 20 Division 1A sports gress, recognizing the importance of instituted the ‘‘Pelican Promise’’ program teams and has earned over 46 national military working dogs, passed a meas- providing financial assistance to the need- championships, including a recent 2009 ure that would allowing certain excep- iest of students so that they may receive the national men’s baseball championship. tions for wounded veterans. Tech Ser- benefits of higher education; LSU also demonstrates leadership Whereas Louisiana State University is des- geant Dana and others put their lives and serves the communities of Lou- on the line every day in defense of this ignated a Research University by the Car- negie Foundation for the Advancement of isiana. This was best exemplified by its country, but so do their dogs. Their ac- role in the aftermath of Hurricane tivities have truly touched the lives of Teaching and performs research for the ben- efit of the United States and the State of Katrina. In addition to accepting 2,300 so many, and I urge my colleagues to Louisiana; displaced students from universities join me in supporting this resolution Whereas Louisiana State University has throughout the region, 3,000 LSU stu- honoring military working dogs. 650 endowed chairs and professorships held dents volunteered to help injured Hur- Mr. JONES. Madam Speaker, I would by distinguished faculty in the comprehen- ricane Katrina evacuees. LSU’s support think it is appropriate that I might say sive disciplines that support the economy, of the hardest hit communities in the to everyone who has spoken today, culture, policy, and scientific prosperity of Gulf Coast is critical to recovery, and I thank you for your comments, but also the State; thank the university and its students I would like to share that the House Whereas Louisiana State University offers degrees in 72 baccalaureate programs, 78 for their service. has passed legislation that would allow master’s programs, and 53 doctoral programs This year, Louisiana State Univer- a war dog memorial to be built at no and has awarded more than 100,000 degrees sity will celebrate 150 years of pro- expense to the taxpayer, either the since the institution’s inception; viding excellent education and culti- building of the memorial or the up- Whereas Louisiana State University ad- vating young men and women who be- keep. With that I would like to say to ministers 11 intercollegiate women’s sports come local, State, and national lead- the gentleman from Georgia, it is a teams and 9 men’s sports teams, and the ‘‘Ti- gers’’ have won 46 national championships, ers. pleasure to work with you. You are one Madam Speaker, once again, I ex- of the gentlemen who I have a greatest including 25 championships won by the wom- en’s track and field team; press my support for Louisiana State respect for in this House for your in- Whereas Louisiana State University has University and thank Representative tegrity. answered the call to service whether it be of- CASSIDY for bringing this bill forward. Madam Speaker, I yield back the bal- ficers for military service or operating the I urge my colleagues to join me in ance of my time. Nation’s largest field hospital in the after- support of this resolution. Mr. MARSHALL. Madam Speaker, I math of Hurricane Katrina; and I reserve the balance of my time. appreciate the gentleman from North Whereas Louisiana State University has Mr. THOMPSON of Pennsylvania. Carolina saying that since he is widely provided a quality education, basic and ap- Madam Speaker, I yield myself such viewed in the House as being nothing plicable research, service to its State and time as I may consume. but integrity. Nation, and brought distinction upon the Madam Speaker, I rise today in sup- State of Louisiana: Now, therefore, be it I yield back the balance of my time. Resolved, That the House of Representa- port of House Resolution 1072, recog- The SPEAKER pro tempore. The tives— nizing Louisiana State University for question is on the motion offered by (1) recognizes Louisiana State University 150 years of service and excellence in the gentleman from Georgia (Mr. MAR- for over 150 years of service and excellence in higher education. SHALL) that the House suspend the higher education, and Louisiana State University and Agri- rules and agree to the resolution, H. (2) congratulates Louisiana State Univer- cultural and Mechanical College had Res. 812, as amended. sity on the occasion of its 150th anniversary. its origin in certain land grants made The question was taken; and (two- The SPEAKER pro tempore. Pursu- by the United States Government in thirds being in the affirmative) the ant to the rule, the gentleman from 1806, 1811 and 1827 for use as a seminary rules were suspended and the resolu- Connecticut (Mr. COURTNEY) and the of learning. In 1853, the Louisiana Gen- tion, as amended, was agreed to. gentleman from Pennsylvania (Mr. eral Assembly established the Semi- The title of the resolution was THOMPSON) each will control 20 min- nary of Learning of the State of Lou- amended so as to read: ‘‘Recognizing utes. isiana near Pineville, Louisiana. The the significant contributions of the The Chair recognizes the gentleman institution opened on January 2, 1860. Military Working Dog Program to the from Connecticut. In 1870, the name of the institution was United States Armed Forces.’’. GENERAL LEAVE changed to Louisiana State University. A motion to reconsider was laid on Mr. COURTNEY. Madam Speaker, I Today, LSU holds a prominent posi- the table. request 5 legislative days during which tion in American higher education. One

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.031 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H994 CONGRESSIONAL RECORD — HOUSE March 2, 2010 of only 25 universities nationwide des- large percentage of students from the support of the Four Diamonds Fund at ignated as both a land grant and a sea greater New Orleans area, which I rep- Penn State Hershey Children’s Hos- grant institution, it also holds the Car- resent. pital. negie Foundation’s Doctoral Research- Most notably and nobly for citizens The Clerk read the title of the resolu- Extensive designation. LSU offers de- of Louisiana, after Hurricane Katrina, tion. grees in 71 baccalaureate programs, 78 LSU opened its doors to enroll an addi- The text of the resolution is as fol- master’s programs and 53 doctoral pro- tional 2,700 students from the New Or- lows: grams, and has awarded more than leans area, and the LSU community H. RES. 1112 100,000 degrees since 1860. The univer- housed thousands more. Overnight, Whereas the Penn State IFC/Panhellenic sity is a recognized research institu- LSU’s Carl Maddox Fieldhouse became Dance Marathon, known as THON, is the tion with over 800 sponsored research a special-needs shelter, and LSU’s Pete largest student-run philanthropy in the projects. Maravich Assembly Center became the world, with 700 dancers, more than 300 sup- LSU not only boasts an excellent porting organizations, and more than 15,000 largest acute care field hospital in volunteers involved in the annual event; academic program; it is a powerhouse American history. With 800 beds, 1,700 Whereas student volunteers at the Penn- in athletics as well. It administers 11 medical personnel from across the Na- sylvania State University annually collect intercollegiate women’s sports teams tion, and thousands more volunteers money and dance for 46 hours straight at the and nine men’s sports teams. The Ti- working around the clock to serve and Bryce Jordan Center for THON, bringing en- gers have won 43 national champion- to care for all those affected by the ergy and excitement to campus for a mission ships, including 25 championships won storm, their motto became ‘‘just make to conquer cancer, and bringing awareness to by the women’s track and field team. it happen.’’ It was the epitome of good- countless thousands more; LSU also holds a history of civic Whereas all THON activities support the ness. mission of the Four Diamonds Fund at Penn service through its 150 years of exist- I am proud to represent approxi- State Hershey Children’s Hospital, which ence. Most recently, LSU operated the mately 8,000 LSU alumni living in Orle- provides financial and emotional support to Nation’s largest field hospital in the ans and Jefferson Parishes. On behalf pediatric cancer patients and their families aftermath of Hurricane Katrina. In ad- of the citizens of Orleans and Jefferson and also funds cancer research; dition, the university accepted an addi- Parishes, I want to thank the LSU Whereas each year, THON is the single tional 2,300 students from the greater community for all they did for us dur- largest donor to the Four Diamonds Fund at New Orleans area who were displaced ing and after Hurricanes Katrina and Penn State Hershey Children’s Hospital, hav- after that disaster. Rita. The LSU community is proud of ing raised nearly $68.9 million since 1977, Louisiana State University is ranked when the two organizations first became af- their traditions; and, today, they are filiated; 128th in the national universities cat- and should be proud of their commit- Whereas in 2010, THON set a new fund- egory by the 2010 U.S. News & World ments to academic excellence and com- raising record of over $7.83 million, even Report ranking of U.S. colleges, 64th munity service. after the previous record of $7.5 million was among public universities. Addition- I want to congratulate my good set in 2009; ally U.S. News & World Report ranked friend, BILL CASSIDY, for bringing this Whereas THON support has helped more LSU as the 16th most popular univer- important resolution to the floor. The than 2,000 families through the Four Dia- sity in the Nation. Sixth Congressional District cannot monds Fund, is currently helping to build a I extend my congratulations to Lou- new Pediatric Cancer Pavilion at Penn State find a more dedicated, more honorable Hershey Children’s Hospital, and has helped isiana State University on its 150th an- Representative than BILL CASSIDY. suppport pediatric cancer research that has niversary and wish all its faculty, staff, I strongly encourage my colleagues caused some pediatric cancer survival rates students, and alumni continued success to vote for this resolution. Congratula- to increase to nearly 90 percent; and in their endeavors. tions to the LSU community on its Whereas THON has inspired similar events Madam Speaker, it is my honor to 150th anniversary. and organizations across the Nation, ranging yield such time as he may consume to Mr. THOMPSON of Pennsylvania. from high schools to colleges and beyond, my good friend from Louisiana (Mr. Madam Speaker, I have no further re- and continues to encourage students across the country to volunteer and stay involved CAO). quests for time, and I yield back the Mr. CAO. Madam Speaker, today, I in great charitable causes in their commu- balance of my time. nity: Now, therefore, be it rise in honor of Louisiana State Uni- Mr. COURTNEY. Madam Speaker, I Resolved, That the House of Representa- versity, which is celebrating 150 years yield back the balance of my time. tives— of academic achievement and service The SPEAKER pro tempore. The (1) congratulates the Pennsylvania State to the State of Louisiana. This celebra- question is on the motion offered by University IFC/Panhellenic Dance Marathon tion marks the culmination of many the gentleman from Connecticut (Mr. (THON) on its continued success in support of the Four Diamonds Fund at Penn State goals for LSU as they reach the end of COURTNEY) that the House suspend the their second major capital campaign, Hershey Children’s Hospital; and rules and agree to the resolution, H. (2) commends the Pennsylvania State Uni- the Forever LSU Campaign, and their Res. 1072, as amended. versity students, volunteers and supporting academic blueprint for the future, the The question was taken. organizations for their hard work putting to- Flagship Agenda. The SPEAKER pro tempore. In the gether another recordbreaking THON. LSU has had the longstanding goal of opinion of the Chair, two-thirds being The SPEAKER pro tempore. Pursu- being designated as a tier 1 university in the affirmative, the ayes have it. ant to the rule, the gentleman from by U.S. News & World Report, and for Mr. COURTNEY. Madam Speaker, on Connecticut (Mr. COURTNEY) and the the past 2 years LSU has achieved this that I demand the yeas and nays. gentleman from Pennsylvania (Mr. ranking. For the past 25 years, how- The yeas and nays were ordered. THOMPSON) each will control 20 min- ever, LSU has held the highest Car- The SPEAKER pro tempore. Pursu- utes. negie Foundation classification, the ant to clause 8 of rule XX and the The Chair recognizes the gentleman designation of a ‘‘very high research Chair’s prior announcement, further from Connecticut. activity’’ university. proceedings on this motion will be GENERAL LEAVE LSU is the State of Louisiana’s flag- postponed. Mr. COURTNEY. Madam Speaker, I ship institution; and as the inter- f request 5 legislative days during which national leader in research, LSU is one CONGRATULATING PENN STATE Members may revise and extend and in- of only 30 universities to have the sert extraneous material on House Res- great distinction of being designated as UNIVERSITY IFC/PANHELLENIC DANCE MARATHON olution 1112 into the RECORD. a land, sea and space-grant institution. The SPEAKER pro tempore. Is there Most recently, LSU won $10 million in Mr. COURTNEY. Madam Speaker, I objection to the request of the gen- grants and contracts related to the move to suspend the rules and agree to tleman from Connecticut? coast, including aquaculture, erosion, the resolution (H. Res. 1112) congratu- There was no objection. subsidence, storm modeling, and social lating the Pennsylvania State Univer- Mr. COURTNEY. Madam Speaker, I resiliency to disasters. Further, LSU is sity IFC/Panhellenic Dance Marathon yield myself such time as I may con- deeply rooted in tradition and boasts a (THON) on its continued success in sume.

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.035 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H995 Madam Speaker, I rise today in sup- awareness. This year’s THON raised was a deeply emotionally moving hour that port of House Resolution 1112, which over $7.8 million just last weekend for brought the struggle of childhood cancer into recognizes Pennsylvania State Univer- pediatric cancer patients. THON is the a personal light. Some of the stories had sity’s Dance Marathon fund-raiser for largest student-run philanthropy in the happy endings, some did not. But each story its enthusiastic continued support of world and helps to make a difference in was an inspiration to keep fighting for the cure the Four Diamonds Fund at Penn State the lives of children with pediatric can- for childhood cancers. These children and Hershey Children’s Hospital. This is an cer. families are why Penn State dances. event which was first started in 1972. It b 1600 THON is a life changing event for anyone raised $2,000 in that year, and since who attends or takes part in the event. And then has continued on an annual basis As a proud Penn State alumnus and while Penn State students are hoping to and has raised a staggering amount of Member representing them here in change the lives of children affected by child- money for an incredibly good cause, Washington, I want to congratulate hood cancer, more often than not it’s the stu- the Children’s Hospital at the Hershey Penn State—the dancers, the students, dents whose lives are changed by partici- Medical Center. the individuals who make the dona- pating in THON. Love truly does ‘‘Belong I know the gentleman from Pennsyl- tions, and the organizations involved Here.’’ We Are Penn State—For the Kids. vania (Mr. THOMPSON), the sponsor of in the THON event. I want to recognize Mr. THOMPSON of Pennsylvania. I this resolution, is far more familiar them for their commitment to helping yield back the balance of my time. with the history of this extraordinary others. Their activities have truly Mr. COURTNEY. Madam Speaker, effort than I am, and I would just as touched the lives of so many. again, I urge strong support of the res- soon defer to him to talk about this I urge my colleagues to join me in olution, and I yield back the balance of resolution. supporting this resolution. my time. I reserve the balance of my time. Mr. SHUSTER. Madam Speaker, a little The SPEAKER pro tempore. The Mr. THOMPSON of Pennsylvania. over a week ago, I spent a very memorable question is on the motion offered by Madam Speaker, I yield myself such and moving afternoon watching Penn State the gentleman from Connecticut (Mr. time as I may consume. students taking part in THON, the annual COURTNEY) that the House suspend the Madam Speaker, I rise today, proud- Penn State IFC/Panhellenic Dance Marathon. rules and agree to the resolution, H. ly, in support of House Resolution 1112, THON at Penn State is no small event. It re- Res. 1112. congratulating the Pennsylvania State mains the largest student-run philanthropy in The question was taken; and (two- University IFC/Panhellenic Dance Mar- the world which since 1977 has raised over thirds being in the affirmative) the athon—or THON as it’s referred to at $68 million for the Four Diamonds Fund at rules were suspended and the resolu- Penn State—on its continued success Penn State Children’s Hospital to fight child- tion was agreed to. in support of the Four Diamonds Fund hood cancer. A motion to reconsider was laid on at Penn State Hershey Children’s Hos- THON involves over 15,000 student volun- the table. teers from Penn State’s University Park cam- pital. f Pennsylvania State University, or pus and its 19 commonwealth campuses. Penn State, is a public research univer- Over 700 dancers take part in THON’s mar- SUPPORTING NATIONAL SCHOOL sity founded in 1855 as the Farmers’ quee event: a 46 hour dance marathon at the LUNCH PROGRAM High School of Pennsylvania. The Bryce Jordan Center. Thousands of other stu- Mr. COURTNEY. Madam Speaker, I school was renamed Pennsylvania dents join in as moralers, family and public re- move to suspend the rules and agree to State College in 1875, and in 1889 it be- lations, entertainment, donor relations, finance, the resolution (H. Res. 362) expressing came Pennsylvania State University. communication, hospitality, logistics, tech- the support of the House of Representa- Today, Penn State offers 160 different nology, rules and regulations, and tives for the goals and ideals of the Na- majors, and over 43,000 students are en- ‘OPP’erations team members. These students’ tional School Lunch Program, as rolled at the university’s main campus year-long efforts culminate in THON week- amended. in State College, Pennsylvania, just end—truly an amazing and uplifting sight to The Clerk read the title of the resolu- miles from my home town. see. tion. Penn State has a strong reputation All of the student dancers, volunteers and The text of the resolution is as fol- for its academic, athletic, and civic ex- sponsors who participated in this year’s THON lows: cellence. It is known as one of ‘‘the deserve recognition from Congress and the H. RES. 362 public ivies’’ and also is known for its thanks of Americans everywhere for their work Whereas the National School Lunch Pro- community involvement. The Penn to help end the scourge of childhood cancer. gram is declared to be the policy of the State Hershey Children’s Hospital at Their hard work resulted in raising $7.83 mil- United States Congress, as a measure of na- the Penn State Medical Center in Her- lion this year, breaking last year’s record of tional security, to safeguard the health and shey, Pennsylvania, is the only Chil- $7.5 million. well-being of the Nation’s children and to en- dren’s Hospital located in south central I am proud to say that my own daughter courage the domestic consumption of nutri- Pennsylvania and the home of the re- was among the hundreds of students who tious agricultural commodities and other gion’s only level 1 NICU. The hospital took part in THON 2010. Ali served on the food, by assisting the States, through grants- in-aid and other means, in providing an ade- is a leader in several specialties and Morale Committee ‘‘Jule Runnings’’ and quate supply of food and other facilities for has ranked higher than 90 percent in helped lift the spirits of exhausted dancers, the establishment, maintenance, operation, patient satisfaction. massage tired feet, and lead the hourly line- and expansion of nonprofit school lunch pro- The Four Diamond Fund for the Penn dance to keep everyone moving to stay moti- grams; State Hershey Children’s Hospital was vated for their cause. Whereas Federal regulations further state established to conquer childhood can- Penn State students are joined by hundreds that participating schools shall ensure that cer by assisting children and their fam- of Four Diamonds Families from Penn State children gain a full understanding of the re- ilies through treatment. The fund has Children’s Hospital who look forward to THON lationship between proper eating and good health; helped more than 2,000 families by off- all year round. Four Diamond Families often Whereas local educational agencies are re- setting the cost of treatment and addi- develop lifetime friendships with the Frater- sponsible for collaborating with the school tional expenses incurred during treat- nities, Sororities, and organizations that community to implement comprehensive nu- ment. ‘‘adopt’’ them and spend time with them trition and wellness policies in schools that The Penn State Interfraternity Coun- throughout the year. At THON weekend you participate in the National School Lunch cil and Panhellenic organize a yearly will find the kids running throughout the event, Program; dance marathon known as THON to participating in talent shows, playing games Whereas all of the Nation’s more than raise funds for the Four Diamond with the dancers, getting piggyback rides and 49,000,000 pupils deserve access to high-qual- Fund. The first THON took place in ity, safe, nutritious meals available in the even starting water-pistol fights with school setting, recognizing the link between 1973 and has raised more than $68.9 mil- unsuspecting volunteers. The culmination of adequate nourishment and educational per- lion since then. THON now has 15,000 the weekend is Family Hour—when families formance; student volunteers and is part of a share the struggle in the fight against child- Whereas children that experience hunger year-long effort to raise funds and hood cancer with everyone in attendance. This have been shown to be more likely to have

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.038 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H996 CONGRESSIONAL RECORD — HOUSE March 2, 2010 lower math scores, decreased attentiveness, Children who are hungry are at a dis- tion and who work hard every day to increased likelihood of repeating a grade, in- advantage to their peers. Studies have serve them safe and healthy meals. creased absences and tardiness, and more re- shown that children who experience They are the front line in these efforts, ferrals to special education services; hunger throughout the day have higher and they deserve our thanks. Whereas in 2009, the National School Lunch Program in the United States pro- likelihoods of receiving lower math Madam Speaker, I would like to vided over 31,000,000 meals to school children scores, of having decreased attentive- thank Representative WATSON of Cali- daily, and must comply with rigorous State ness, increased absences and tardiness, fornia for introducing this important and Federal requirements, provide adequate and a higher chance of having to repeat resolution, which highlights the need food preparation and dining facilities, and a grade. Children who are not well for this program, and I urge my col- cover costs to provide reimbursable meals nourished are also more likely to need leagues to support it. including food, energy, transportation, labor, referrals to special education services. I reserve the balance of my time. and other costs; We know that nearly one-third of our Mr. THOMPSON of Pennsylvania. I Whereas the National School Lunch Pro- yield myself such time as I may con- gram must provide nutritious meals that are Nation’s children today are overweight consistent with the goals of the most recent and obese. Obesity rates have soared sume. Dietary Guidelines for Americans; over the past four decades among chil- Mr. Speaker, I rise today in support Whereas the Institute of Medicine of the dren of all age groups, increasing near- of House Resolution 362, expressing the National Academies of Sciences recommends ly five-fold among those who are ages 6 support of the House of Representa- increased amounts of fruits, vegetables, and through 11. Teaching children to have a tives for the goals and ideals of the Na- whole grains in the National School Lunch healthy relationship with food and nu- tional School Lunch Program. Program, and that measures to improve the trition has never been more important. The National School Lunch Program quality of meals may increase program costs First Lady Michelle Obama has initi- was first established by the National and the need for administrative support; School Lunch Act in 1946. The program Whereas school food service must operate ated an exciting new program to help on a nonprofit basis, and it is expected that solve this challenge. The ‘‘Let’s Move!’’ enables students to purchase school the Federal subsidy for a free meal will, on campaign directs attention to four lunches at a free or reduced price, fo- average, cover the costs of producing a reim- areas: helping parents make healthy cusing on students whose families can- bursable meal; family choices; serving healthier food not afford the full price of school Whereas the U.S. Department of Agri- in schools; improving access to meals. The program also promotes a culture identified that the full cost to healthy, affordable food in commu- basic understanding of nutrition and produce a reimbursable lunch generally ex- nities; and increasing physical activ- healthful eating. ceeds the Federal reimbursement for a free In fiscal year 2009, over 31.2 million lunch; and ity. Whereas revenue deficits in school meal The National School Lunch Program children participated in the School programs must be offset by generating addi- can have a central role in the First Lunch Program every day; 19.4 million tional revenue from other sources that may Lady’s efforts to help children develop of those children received their meals otherwise support classroom instruction: healthy behaviors and to achieve their for free or at a reduced rate. Participa- Now, therefore, be it highest potential. For over 60 years, tion has steadily grown over the years Resolved, That the House of Representa- the National School Lunch Program since the program was first established tives— has served as a safeguard for the health over 60 years ago. The School Lunch (1) supports the goals and ideals of the Na- Program is administered in approxi- tional School Lunch Program; and and nutritional well-being of our Na- (2) recognizes that America’s pupils de- tion’s children. Every day, over 31 mil- mately 101,000 schools and institutions serve access to high-quality, safe, nutritious lion meals are served to schoolchildren by the U.S. Department of Agri- meals available in the school setting. across the country. culture’s Food and Nutrition Service. The SPEAKER pro tempore. Pursu- Madam Speaker, I would also like to At the State level, it is administered ant to the rule, the gentleman from take note of the changes we have seen by State education agencies through Connecticut (Mr. COURTNEY) and the in school food menus over the years. In agreements with local school food au- gentleman from Pennsylvania (Mr. cafeterias in all of our communities, thorities. THOMPSON) each will control 20 min- you might find menus which offer salad Public or nonprofit private schools, utes. bars with fresh fruit, whole wheat serving grades K through 12, and public The Chair recognizes the gentleman pizza, or freshly made chicken wraps. or nonprofit private residential child from Connecticut. The days of ‘‘mystery meat’’ are past. care institutions may participate in GENERAL LEAVE Today, students want to eat in the the School Lunch Program. School dis- Mr. COURTNEY. Madam Speaker, I school cafeteria because the food tastes tricts and independent schools that request 5 legislative days during which good and there are many food options. participate in the Lunch Program re- Members may revise and extend their However, we know from the most re- ceive cash subsidies from the U.S. De- remarks and insert extraneous mate- cent report from the Institute of Medi- partment of Agriculture for each meal rial on House Resolution 362 into the cine that healthy foods cost more. The or snack they serve and USDA foods or RECORD. U.S. Department of Agriculture has re- commodities. In return, they must The SPEAKER pro tempore. Is there ported that the full cost to produce a serve lunches and snacks that meet objection to the request of the gen- reimbursable lunch generally exceeds Federal requirements, and they must tleman from Connecticut? that of the Federal reimbursement for offer free or reduced-price lunches to There was no objection. free lunches. To help address this con- eligible children. Mr. COURTNEY. I yield myself such cern, the President has requested an The National School Lunch Program time as I may consume. additional $1 billion for child nutrition helps to provide meals during the Madam Speaker, I rise today in sup- programs to help improve nutrition school day to students who may not port of House Resolution 362, which ex- quality and to make these programs otherwise be able to afford them. I presses the House of Representatives’ accessible to more children. These stand in support of this resolution ex- support of the goals and ideals of the funds will go a long way in school cafe- pressing support for the goals and the National School Lunch Program. terias across the country. ideals of the National School Lunch When it comes to education in our I look forward to working with the Program and for the children that it country, we traditionally focus on President and with my colleagues, par- serves. I ask for my colleagues’ sup- reading, writing, and extracurricular ticularly with those on the House Edu- port. activities. We want to ensure that our cation and Labor Committee, on this Mr. Speaker, I yield back the balance students have access to well-trained initiative. of my time. teachers and to the tools they need to Lastly, Madam Speaker, this week, Mr. COURTNEY. Mr. Speaker, in achieve academic success. However, we each of us may be receiving visits from closing, again, I urge strong support often forget that an essential tool to our local school food service directors. for the resolution. It is a timely meas- any child’s academic success can also I want to acknowledge the fine work of ure because, as the gentleman from be found outside the classroom—in the the school food service workers who Pennsylvania knows, today the Edu- school cafeteria. help to educate our children on nutri- cation and Labor Committee is holding

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.018 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H997 a hearing on reauthorizing the Child tutions. It provides nutritionally balanced, low- lunch. In some counties, in the Fourth District Nutrition Act. The School Lunch Pro- cost or free lunches to children each school of Georgia, up to 90 percent of students par- gram is really at the center of that ef- day. I support this resolution because it recog- ticipate in the school lunch program. For many fort. Again, I urge support of the reso- nizes the fundamental role the National School of the children in my District, school lunch lution. Lunch Program plays in making sure that fuels their day. Ms. WATSON. Mr. Speaker, the National every child, regardless of socioeconomic sta- I applaud Representative WATSON for intro- School Lunch Program, as established by the tus, has the energy and nutrients he or she ducing this resolution. It recognizes the link National School Lunch Act, has been serving needs to learn and grow as scholars. between proper eating, goad health, and edu- our nation’s children for more than 60 years. The National School Lunch Program has cational performance. We should do all we This program safeguards the health and well- been providing for children in our public can to ensure that our children continue to being of children by providing balanced meals schools for over sixty years. It was established have nutritious meal options available through for free or at low cost. Just last year, the Pro- under the National School Lunch Act signed the National School Lunch Program. gram provided more than 31 million nutritious by President Harry Truman in 1946. In 2008, I join the chairman in urging my colleagues meals to children across the nation. My bill, the National School Lunch Program provided to support this important piece of legislation. House Resolution 362 recognizes the out- meals for more than 30 million American chil- Mr. COURTNEY. I yield back the bal- standing service of the National School Lunch dren. Parents who work two and three jobs ance of my time. Program. just to put a roof over their children’s heads do The SPEAKER pro tempore (Mr. WU). Hunger is on the rise in the United States. not have to worry that their children will not The question is on the motion offered A 2007 USDA report found that 12.4 million have lunch when they get to school every day. by the gentleman from Connecticut children live in households that are considered In 1998, Congress expanded this program to (Mr. COURTNEY) that the House suspend to be food insecure. In my state, California, include reimbursement for snacks that children the rules and agree to the resolution, the unemployment rate exceeds 12% and is receive at afterschool programs. Children re- H. Res. 362, as amended. on the rise. More families will be struggling to ceive nutritious snacks so they have the en- The question was taken. put nutritious meals on the table. The National ergy and ability to focus during valuable tutor- The SPEAKER pro tempore. In the School Lunch Program performs an exemplary ing sessions and enriching extra-curricular les- opinion of the Chair, two-thirds being service in providing for the children of these sons. in the affirmative, the ayes have it. families. With H. Res. 362, Congress can Mr. Speaker, during these difficult economic Mr. COURTNEY. Mr. Speaker, I ob- send a strong message to schools showing times, the National School Lunch Program is ject to the vote on the ground that a our continued support and give local programs even more important than usual. In September quorum is not present and make the the initiative to improve and advance. 2009, the Center on Budget and Policy Prior- point of order that a quorum is not By providing school lunches, Congress ities released an analysis of how the recession present. plays a vital role in ensuring that our nation’s had affected working families thus far. Accord- The SPEAKER pro tempore. Pursu- children are healthy, which is more important ing to that report, the median household in- ant to clause 8 of rule XX and the now than ever. Both obesity and malnutrition come declined 3.6 percent in 2008 after ad- Chair’s prior announcement, further are on the rise, increasing the rates of Type justing for inflation, the largest single-year de- proceedings on this motion will be 2 diabetes and heart problems among chil- cline on record. The poverty rate rose to 13.2 postponed. dren. The current generation of children and percent, its highest level since 1997. The The point of no quorum is considered their parents are accustomed to processed, number of people in poverty hit 39.8 million, withdrawn. fast food; a fast stop for a hamburger and fries the highest level since 1960. While Congress f or a quick fix meal from a box. Though these works to turn this recession around by passing READ ACROSS AMERICA DAY meals may be cheap and easy, they often lack landmark legislation like the American Recov- the proper nutrition a developing child re- ery and Reinvestment Act and the Jobs for Mr. COURTNEY. Mr. Speaker, I move quires. Main Street Act, programs such as the Na- to suspend the rules and agree to the Over the past few years, schools have tional School Lunch Program give working resolution (H. Res. 1111) designating made a conscious effort to ensure that chil- parents the peace of mind that comes with March 2, 2010, as ‘‘Read Across America dren receive balanced and nutritious meals. knowing that their children are taken care of. Day’’. For many children, their school lunch may be If a parent loses his job and his family falls The Clerk read the title of the resolu- the most nutritious meal they will eat each into poverty, he does not have to worry that tion. day. Simply by including fresh fruits and vege- his children will have nutritious lunches and The text of the resolution is as fol- tables in their diets daily encourages children snacks provided every day at school. That is lows: to make healthy choices. The Program is a one less thing for hard-working families to H. RES. 1111 tool that can help educate children about eat- worry about in these tough times. Whereas reading is a basic requirement for ing well even when they are at home. Mr. Speaker, I applaud the National School quality education and professional success, Providing meals in school also increases a Lunch Program for its dedication feeding our and is a source of pleasure throughout life; child’s ability to learn effectively. Children who most valuable population in this country—our Whereas the people of the United States experience hunger in school have been shown children. Without nutritious food, low-income must be able to read if the United States is to have lower math scores, decreased atten- to remain competitive in the global econ- children would have extreme difficulties focus- omy; tiveness, increased likelihood of repeating a ing in school and therefore would be at a Whereas Congress has placed great empha- grade, increased absences and tardiness, and great disadvantage academically. The National sis on reading intervention that has been more referrals to special education services. School Lunch Program does its part to ensure proven effective through scientifically valid Simply by providing nutritious meals, Con- that all children have the energy they need to research and providing additional resources gress can improve student performance in learn and succeed every day in school. I ask for reading assistance; and school. my fellow colleagues to join me in supporting Whereas more than 50 national organiza- Supporting the National School Lunch Pro- H. Res. 362. tions concerned about reading and education gram brings to life its mission ‘‘to safeguard Mr. JOHNSON of Georgia. Mr. Speaker, I have joined with the National Education As- sociation to use March 2 to celebrate reading the health and well being of our nation’s chil- rise today to applaud the actions of the House and the birth of Theodor Geisel, also known dren.’’ This is one crucial way in which we can of Representatives in addressing the need for as Dr. Seuss: Now, therefore, be it protect the health of children nationwide. I America’s students to receive high-quality, Resolved, That the House of Representa- hope you will all join me in supporting the Na- safe, nutritious meals in school. I strongly sup- tives— tional School Lunch Program, H. Res. 362. port H. Res. 362 and urge my colleagues to (1) honors Theodor Geisel, also known as Ms. RICHARDSON. Mr. Speaker, I rise support this important piece of legislation. Dr. Seuss, for his success in encouraging today in support of H. Res. 362, a resolution Many of our children depend on the Na- children to discover the joy of reading; expressing the support of the House of Rep- tional School Lunch Program for nutritious (2) honors the 13th anniversary of Read Across America Day; resentatives for the goals and ideals of the meals. In Fiscal Year 2007, more than 30.5 (3) encourages parents to read with their National School Lunch Program. The National million children each day got their lunch children for at least 30 minutes on Read School Lunch Program is a federally assisted through the National School Lunch Program. Across America Day in honor of the commit- meal program operating in public and nonprofit In my home state of Georgia, about 74 per- ment of the House of Representatives to private schools and residential child care insti- cent of public school students eat school building a Nation of readers; and

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.042 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H998 CONGRESSIONAL RECORD — HOUSE March 2, 2010 (4) encourages the people of the United children and adults are expected to of an elephant, Horton, who hears a States to observe the day with appropriate participate in this year’s 2010 program. Who, and a human, Mr. Brown, who ceremonies and activities. I want to particularly thank Rep- proves he can moo; in support of those The SPEAKER pro tempore. Pursu- resentatives MARKEY and EHLERS for who hopped on pop, and the dad who ant to the rule, the gentleman from bringing this measure forward, and I yelled at them to stop; in support of Connecticut (Mr. COURTNEY) and the encourage my colleagues to support those amusing sidekicks Thing One and gentleman from Pennsylvania (Mr. this resolution. Thing Two, and all of those folks with THOMPSON) each will control 20 min- I reserve the balance of my time. the last name of Who; in support of utes. Mr. THOMPSON of Pennsylvania. I Marvin K. Mooney, who just wouldn’t The Chair recognizes the gentleman yield myself such time as I may con- go, and those multiple colored fish we from Connecticut. sume. all know; in support of Cindy Lou Who GENERAL LEAVE Mr. Speaker, I rise today in support and that mean, old Grinch, and the Mr. COURTNEY. Mr. Speaker, I re- of House Resolution 1111, designating Lorax who speaks for the trees in a quest 5 legislative days during which March 2, 2010, as ‘‘Read Across America pinch. Members may revise and extend their Day.’’ These characters taught our children remarks and insert extraneous mate- Once upon a time, when there were to read. In the field of children’s lit- rial on House Resolution 1111 into the no televisions or computers, reading eracy, Dr. Seuss took the lead. RECORD. was a primary leisure activity. People Through the power of green eggs and The SPEAKER pro tempore. Is there would spend hours reading books and ham, our children exclaim, ‘‘I can read, objection to the request of the gen- using their imaginations to travel to Sam I am.’’ tleman from Connecticut? lands far away. Today, many people do Mr. Speaker, I come before the House There was no objection. not have the same passion to read. This today not to emulate Dr. Seuss but to Mr. COURTNEY. I yield myself such is unfortunate because reading offers a honor his legacy with Read Across time as I may consume. productive approach to improving vo- America Day. Today, March 2, would Mr. Speaker, I rise today in support cabulary and word power. be Theodor Seuss Geisel’s 106th birth- of House Resolution 1111, which recog- Indulging in reading on a daily basis day. This resolution honors his birth, nizes March 2, 2010, as Read Across helps keep adults and children abreast and it promotes children’s literacy by America Day and which encourages of the various styles of writing and new designating today as Read Across parents to read to their children in vocabulary. Children who start reading America Day. support of building a Nation of readers. from an early age are observed to have I would like to thank my colleague, Read Across America Day was initi- good language skills and to grasp the Congressman EHLERS, for his work ated in May 1998 by the National Edu- variances in phonics much better. Re- with me on this resolution. cation Association as a way to cele- search has shown that children and In schools across America today, mil- brate reading. The NEA provides sup- teenagers who love reading have com- lions of children will participate in port to parents and teachers to keep paratively higher IQs and that they are Seussational reading events. their children reading all year long more creative and excel in school and through activities such as the Cat-A- college. b 1615 Van. The Cat-A-Van travels across the Reading is an activity that involves Reading skills are the keystone for country bringing the gift of reading to greater levels of concentration, and it future educational success, and it is schoolchildren. The Cat-A-Van donates adds to the conversational skills of the critical that our children begin reading 20,000 books to children in need. reader. It is an indulgence that en- at a young age. I remember how my The NEA celebrates Read Across hances the knowledge acquired consist- own children’s eyes would light up with America Day on Dr. Seuss’ birthday ently. The habit of reading also helps each book we read. My resolution en- each year in honor of a man who con- readers to decipher new words and courages parents to read to their chil- tributed tremendously to children’s lit- phrases that they come across in ev- dren for at least 30 minutes a day be- eracy. Theodor Geisel, better known as eryday conversations. It helps us to cause, as Dr. Seuss himself said, ‘‘The ‘‘Dr. Seuss’’ by millions of children and stay in touch with contemporary writ- more that you read, the more things parents around the world, began writ- ers as well as those from yesteryear. you will know; the more that you ing children’s books in 1936, and has Theodor Geisel, more famously learn, the more places you will go.’’ since inspired millions of children to known as ‘‘Dr. Seuss,’’ is the most be- I have high hopes for this Nation’s embrace the joys of readings through loved children’s book author of all children and all the places that they such favorites as ‘‘The Cat in the Hat,’’ time. His titles include ‘‘Green Eggs will go. I urge all of my colleagues to ‘‘Green Eggs and Ham,’’ and ‘‘Oh, the and Ham,’’ ‘‘Fox in Socks,’’ and ‘‘The vote ‘‘yes’’ on House Resolution 1111 Places You’ll Go.’’ Cat in the Hat.’’ His use of rhymes and to celebrate Read Across America We know from research that children makes his books an effective tool for Day. who are exposed to reading before kin- teaching young children the basic tools Mr. THOMPSON of Pennsylvania. dergarten become more successful they need to be successful and to de- Mr. Speaker, having no further re- readers. We also know that a child who velop a lifelong love of reading. Cele- quests for time, I yield back the bal- fails at reading is more likely to drop brating both Dr. Seuss and reading ance of my time. out of school. Today, nearly 6 million sends a clear message to our children Mr. COURTNEY. Mr. Speaker, I yield adolescents are struggling readers, and that reading is both fun and important. back the balance of my time. more than 7,000 students drop out of I thank my colleague from Colorado The SPEAKER pro tempore. The high school every day. This is unac- (Ms. MARKEY) and my colleague from question is on the motion offered by ceptable. Engaging children and read- Michigan (Mr. EHLERS) for sponsoring the gentleman from Connecticut (Mr. ing to them when they are young will this resolution, and I ask that all of COURTNEY) that the House suspend the encourage them to read and to achieve my colleagues support its passage. rules and agree to the resolution, H. more as adolescents and as adults. I reserve the balance of my time. Res. 1111. This data demonstrates the impor- Mr. COURTNEY. Mr. Speaker, I yield The question was taken. tance of literacy and the value of Read such time as she may consume to the The SPEAKER pro tempore. In the Across America. This critical literacy sponsor of this legislation, the gentle- opinion of the Chair, two-thirds being project is supported by a range of part- woman from Colorado, Congresswoman in the affirmative, the ayes have it. ners, including the District of Colum- BETSY MARKEY. Mr. COURTNEY. Mr. Speaker, I ob- bia’s the Afterschool Alliance, ASPIRA Ms. MARKEY of Colorado. Mr. ject to the vote on the ground that a Association, Incorporated, and First Speaker, I rise today in support of a quorum is not present and make the Book. The NEA, along with the Pear- cat who is known worldwide for his red point of order that a quorum is not son Foundation, has donated $100,000 in and white hat; in support of a fox who present. funds and books to public school librar- liked to wear socks, and his game-play- The SPEAKER pro tempore. Pursu- ies across our country as 45 million ing friend called Mr. Knox; in support ant to clause 8 of rule XX and the

VerDate Nov 24 2008 03:10 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.015 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H999 Chair’s prior announcement, further The vote was taken by electronic de- Perriello Sarbanes Thompson (MS) proceedings on this motion will be vice, and there were—yeas 383, nays 0, Peters Scalise Thompson (PA) Peterson Schakowsky Thornberry postponed. not voting 48, as follows: Petri Schauer Tiahrt Pingree (ME) Schiff The point of no quorum is considered [Roll No. 75] Tiberi withdrawn. Pitts Schmidt Tierney YEAS—383 Platts Schock Titus f Poe (TX) Schrader Tonko Ackerman Diaz-Balart, M. Kratovil Polis (CO) Scott (GA) Towns RECESS Aderholt Dicks Kucinich Pomeroy Scott (VA) Tsongas Adler (NJ) Dingell Lamborn Posey Sensenbrenner The SPEAKER pro tempore. Pursu- Akin Doggett Lance Price (GA) Serrano Turner ant to clause 12(a) of rule I, the Chair Alexander Donnelly (IN) Langevin Price (NC) Sessions Upton declares the House in recess until ap- Altmire Doyle Larsen (WA) Quigley Sestak Van Hollen Andrews Dreier Larson (CT) Vela´ zquez proximately 6:30 p.m. today. Radanovich Shadegg Arcuri Driehaus Latham Rahall Shea-Porter Visclosky Accordingly (at 4 o’clock and 17 min- Baca Duncan LaTourette Rangel Sherman Walden utes p.m.), the House stood in recess Bachmann Edwards (MD) Latta Reichert Shimkus Walz until approximately 6:30 p.m. Bachus Edwards (TX) Lee (CA) Richardson Shuler Wasserman Baird Ehlers Lee (NY) Roe (TN) Shuster Schultz f Baldwin Ellison Levin Rogers (AL) Simpson Waters Barrow Ellsworth Lewis (CA) Rogers (KY) Sires Watson Bartlett Emerson Lewis (GA) b 1831 Rogers (MI) Skelton Watt Barton (TX) Eshoo Linder Rohrabacher Slaughter Waxman AFTER RECESS Bean Etheridge Lipinski Rooney Smith (NE) Becerra Farr LoBiondo Weiner The recess having expired, the House Ros-Lehtinen Smith (NJ) Welch Berkley Fattah Loebsack Roskam Smith (WA) Westmoreland was called to order by the Speaker pro Berman Filner Lofgren, Zoe Ross Snyder Whitfield tempore (Ms. BALDWIN) at 6 o’clock and Berry Flake Lowey Rothman (NJ) Souder Wilson (OH) 31 minutes p.m. Biggert Fleming Lucas Roybal-Allard Space Bilbray Forbes Luetkemeyer Royce Speier Wilson (SC) f Bilirakis Fortenberry Luja´ n Ruppersberger Spratt Wittman Bishop (GA) Foster Lummis Ryan (OH) Stearns Wolf REPORT ON RESOLUTION PRO- Bishop (NY) Foxx Lungren, Daniel Ryan (WI) Stupak Woolsey VIDING FOR CONSIDERATION OF Bishop (UT) Frank (MA) E. Salazar Sutton Wu H.R. 4247, PREVENTING HARMFUL Blackburn Franks (AZ) Lynch Sa´ nchez, Linda Teague Yarmuth Blumenauer Frelinghuysen Mack RESTRAINT AND SECLUSION IN T. Terry Young (AK) Blunt Fudge Maffei Sanchez, Loretta Thompson (CA) Young (FL) SCHOOLS ACT Boccieri Gallegly Maloney Boehner Garrett (NJ) Manzullo NOT VOTING—48 Mr. CARDOZA, from the Committee Bonner Gerlach Markey (CO) Austria Engel McCaul Bono Mack Giffords Markey (MA) on Rules, submitted a privileged report Barrett (SC) Fallin McMahon Boozman Gingrey (GA) Marshall (Rept. No. 111–425) on the resolution (H. Brady (TX) Garamendi Mollohan Boren Gohmert Massa Res. 1126) providing for consideration Brown (SC) Gordon (TN) Putnam Boswell Gonzalez Matheson Brown, Corrine Granger of the bill (H.R. 4247) to prevent and re- Boucher Goodlatte Matsui Rehberg Burgess Grayson Reyes duce the use of physical restraint and Boustany Graves McCarthy (CA) Butterfield Green, Gene Boyd Green, Al McCarthy (NY) Rodriguez seclusion in schools, and for other pur- Buyer Grijalva Rush Brady (PA) Griffith McClintock Camp Gutierrez poses, which was referred to the House Schwartz Braley (IA) Guthrie McCollum Campbell Hall (TX) Smith (TX) Calendar and ordered to be printed. Bright Hall (NY) McCotter Cassidy Hinojosa Broun (GA) Halvorson McDermott Stark f Clarke Hoekstra Brown-Waite, Hare McGovern Cohen Inglis Sullivan Ginny Harman McHenry Costello Jackson (IL) Tanner ANNOUNCEMENT BY THE SPEAKER Buchanan Harper McIntyre PRO TEMPORE Dahlkemper Jackson Lee Taylor Burton (IN) Hastings (FL) McKeon Davis (AL) (TX) Wamp Calvert Hastings (WA) McMorris Deal (GA) Marchant The SPEAKER pro tempore. Pursu- Cantor Heinrich Rodgers ant to clause 8 of rule XX, proceedings Cao Heller McNerney ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE will resume on motions to suspend the Capito Hensarling Meek (FL) The SPEAKER pro tempore (during rules previously postponed. Capps Herger Meeks (NY) Capuano Herseth Sandlin Melancon the vote). There are 2 minutes remain- Votes will be taken in the following Cardoza Higgins Mica ing in this vote. order: Carnahan Hill Michaud House Resolution 1072, by the yeas Carney Himes Miller (FL) b 1859 and nays; Carson (IN) Hinchey Miller (MI) Carter Hirono Miller (NC) Messrs. CONAWAY and FRANK of H.R. 3820, by the yeas and nays; Castle Hodes Miller, Gary Massachusetts changed their vote from House Resolution 1097, de novo. Castor (FL) Holden Miller, George ‘‘nay’’ to ‘‘yea.’’ Remaining postponed questions will Chaffetz Holt Minnick Chandler Honda Mitchell So (two-thirds being in the affirma- be taken later in the week. Childers Hoyer Moore (KS) tive) the rules were suspended and the The first electronic vote will be con- Chu Hunter Moore (WI) resolution, as amended, was agreed to. Clay Inslee Moran (KS) ducted as a 15-minute vote. Remaining The result of the vote was announced electronic votes will be conducted as 5- Cleaver Israel Moran (VA) Clyburn Issa Murphy (CT) as above recorded. minute votes. Coble Jenkins Murphy (NY) A motion to reconsider was laid on f Coffman (CO) Johnson (GA) Murphy, Patrick Cole Johnson (IL) Murphy, Tim the table. RECOGNIZING LOUISIANA STATE Conaway Johnson, E. B. Myrick Connolly (VA) Johnson, Sam Nadler (NY) f UNIVERSITY Conyers Jones Napolitano The SPEAKER pro tempore. The un- Cooper Jordan (OH) Neal (MA) NATURAL HAZARDS RISK Costa Kagen Neugebauer REDUCTION ACT OF 2010 finished business is the vote on the mo- Courtney Kanjorski Nunes tion to suspend the rules and agree to Crenshaw Kaptur Nye The SPEAKER pro tempore. The un- the resolution, H. Res. 1072, as amend- Crowley Kennedy Oberstar finished business is the vote on the mo- ed, on which the yeas and nays were or- Cuellar Kildee Obey tion to suspend the rules and pass the Culberson Kilpatrick (MI) Olson dered. Cummings Kilroy Olver bill, H.R. 3820, as amended, on which The Clerk read the title of the resolu- Davis (CA) Kind Ortiz the yeas and nays were ordered. tion. Davis (IL) King (IA) Owens The Clerk read the title of the bill. Davis (KY) King (NY) Pallone The SPEAKER pro tempore. The Davis (TN) Kingston Pascrell The SPEAKER pro tempore. The question is on the motion offered by DeFazio Kirk Pastor (AZ) question is on the motion offered by the gentleman from Connecticut (Mr. DeGette Kirkpatrick (AZ) Paul the gentleman from Oregon (Mr. WU) COURTNEY) that the House suspend the Delahunt Kissell Paulsen that the House suspend the rules and DeLauro Klein (FL) Payne rules and agree to the resolution, H. Dent Kline (MN) Pence pass the bill, H.R. 3820, as amended. Res. 1072, as amended. Diaz-Balart, L. Kosmas Perlmutter This will be a 5-minute vote.

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.047 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1000 CONGRESSIONAL RECORD — HOUSE March 2, 2010 The vote was taken by electronic de- Schiff Space Visclosky The SPEAKER pro tempore. In the vice, and there were—yeas 335, nays 50, Schock Speier Walden opinion of the Chair, two-thirds being Schrader Spratt Walz not voting 46, as follows: Scott (GA) Stupak Wasserman in the affirmative, the ayes have it. Scott (VA) Sutton [Roll No. 76] Schultz RECORDED VOTE Sensenbrenner Teague Waters YEAS—335 Serrano Terry Watson Ms. DEGETTE. Madam Speaker, I de- Sessions Thompson (CA) Watt mand a recorded vote. Ackerman Ehlers Mack Sestak Thompson (MS) Waxman Aderholt Ellison Maffei Shadegg Thompson (PA) A recorded vote was ordered. Weiner Adler (NJ) Ellsworth Maloney Shea-Porter Thornberry The SPEAKER pro tempore. This Welch Akin Emerson Markey (CO) Sherman Tiahrt will be a 5-minute vote. Alexander Engel Markey (MA) Shuler Tiberi Whitfield Altmire Eshoo Marshall Shuster Tierney Wilson (OH) The vote was taken by electronic de- Andrews Etheridge Massa Simpson Titus Wilson (SC) vice, and there were—ayes 382, noes 0, Arcuri Farr Matheson Sires Tonko Wittman not voting 49, as follows: Baca Fattah Matsui Skelton Towns Wolf Bachmann Filner McCarthy (CA) Slaughter Tsongas Woolsey [Roll No. 77] Bachus Fleming McCarthy (NY) Smith (NE) Turner Wu AYES—382 Baird Forbes McClintock Smith (NJ) Upton Yarmuth Baldwin Fortenberry McCollum Smith (WA) Van Hollen Young (FL) Ackerman Cuellar Jenkins Barrow Foster McCotter Snyder Vela´ zquez Aderholt Culberson Johnson (GA) Bartlett Frank (MA) McDermott Adler (NJ) Cummings Johnson (IL) Bean Frelinghuysen McGovern NAYS—50 Akin Davis (CA) Johnson, E. B. Becerra Alexander Fudge McHenry Barton (TX) Goodlatte Neugebauer Davis (IL) Jones Berkley Gallegly McIntyre Altmire Davis (KY) Jordan (OH) Bishop (UT) Hastings (WA) Nunes Berman Gerlach McKeon Andrews Davis (TN) Kagen Broun (GA) Hensarling Owens Arcuri Berry Giffords McMorris Burton (IN) Johnson (IL) DeFazio Kanjorski Paul Baca Biggert Gingrey (GA) Rodgers Castle Johnson, Sam DeGette Kaptur Pence Bachmann Bilbray Gonzalez McNerney Chaffetz Jones Delahunt Kennedy Petri Bachus Bilirakis Graves Meek (FL) Coble Jordan (OH) DeLauro Kildee Platts Baird Bishop (GA) Green, Al Meeks (NY) Coffman (CO) King (IA) Dent Kilpatrick (MI) Poe (TX) Baldwin Bishop (NY) Griffith Melancon Conaway Kingston Diaz-Balart, L. Kilroy Rooney Barrow Blackburn Guthrie Michaud Crenshaw Kirkpatrick (AZ) Diaz-Balart, M. Kind Ryan (WI) Bartlett Blumenauer Hall (NY) Miller (NC) Culberson Lamborn Dicks King (IA) Schmidt Barton (TX) Blunt Halvorson Miller, Gary Duncan Latta Dingell King (NY) Bean Boccieri Hare Miller, George Flake Lummis Shimkus Doggett Kingston Becerra Boehner Harman Minnick Foxx Manzullo Souder Donnelly (IN) Kirk Berkley Bonner Harper Mitchell Franks (AZ) Mica Stearns Doyle Kirkpatrick (AZ) Berman Bono Mack Hastings (FL) Moore (KS) Garrett (NJ) Miller (FL) Westmoreland Dreier Kissell Berry Boozman Heinrich Moore (WI) Gohmert Miller (MI) Young (AK) Driehaus Klein (FL) Boren Heller Moran (KS) Biggert Duncan Kline (MN) Boswell Herger Moran (VA) NOT VOTING—46 Bilbray Edwards (MD) Kosmas Boucher Herseth Sandlin Murphy (CT) Bilirakis Ehlers Kratovil Austria Fallin McCaul Boustany Higgins Murphy (NY) Bishop (GA) Ellison Kucinich Barrett (SC) Garamendi Boyd Hill Murphy, Patrick McMahon Bishop (NY) Ellsworth Lamborn Brady (TX) Gordon (TN) Brady (PA) Himes Murphy, Tim Mollohan Bishop (UT) Engel Lance Brown (SC) Granger Braley (IA) Hinchey Myrick Putnam Blackburn Eshoo Langevin Brown, Corrine Grayson Bright Hirono Nadler (NY) Rehberg Blumenauer Etheridge Larsen (WA) Burgess Green, Gene Brown-Waite, Hodes Napolitano Reyes Blunt Farr Larson (CT) Butterfield Grijalva Ginny Holden Neal (MA) Rodriguez Boccieri Fattah Latham Buyer Gutierrez Buchanan Holt Nye Rush Boehner Filner LaTourette Camp Hall (TX) Calvert Honda Oberstar Schwartz Bonner Flake Latta Campbell Hinojosa Cantor Hoyer Obey Smith (TX) Bono Mack Fleming Lee (CA) Cassidy Hoekstra Cao Hunter Olson Stark Boozman Forbes Lee (NY) Cohen Inglis Capito Inslee Olver Boren Fortenberry Levin Costello Jackson (IL) Sullivan Capps Israel Ortiz Boswell Foster Lewis (CA) Dahlkemper Jackson Lee Tanner Capuano Issa Pallone Boucher Foxx Lewis (GA) Davis (AL) (TX) Taylor Cardoza Jenkins Pascrell Boustany Frank (MA) Linder Deal (GA) Marchant Wamp Carnahan Johnson (GA) Pastor (AZ) Boyd Franks (AZ) Lipinski Carney Johnson, E. B. Paulsen ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Brady (PA) Frelinghuysen LoBiondo Carson (IN) Kagen Payne Braley (IA) Fudge Loebsack Carter Kanjorski Perlmutter The SPEAKER pro tempore (during Bright Gallegly Lofgren, Zoe Castor (FL) Kaptur Perriello the vote). Members have 2 minutes re- Broun (GA) Garrett (NJ) Lowey Chandler Kennedy Peters maining in this vote. Brown-Waite, Gerlach Lucas Childers Kildee Peterson Ginny Giffords Luetkemeyer Chu Kilpatrick (MI) Pingree (ME) Buchanan Gingrey (GA) Luja´ n Clarke Kilroy Pitts b 1908 Burton (IN) Gohmert Lummis Clay Kind Polis (CO) Mr. WESTMORELAND changed his Calvert Gonzalez Lungren, Daniel Cleaver King (NY) Pomeroy Cantor Goodlatte E. Clyburn Kirk Posey vote from ‘‘yea’’ to ‘‘nay.’’ Cao Graves Lynch Cole Kissell Price (GA) So (two-thirds being in the affirma- Capito Green, Al Mack Connolly (VA) Klein (FL) Price (NC) tive) the rules were suspended and the Capps Griffith Maffei Conyers Kline (MN) Quigley bill, as amended, was passed. Capuano Guthrie Maloney Cooper Kosmas Radanovich Cardoza Hall (NY) Manzullo Costa Kratovil Rahall The result of the vote was announced Carnahan Halvorson Markey (CO) Courtney Kucinich Rangel as above recorded. Carney Hare Markey (MA) Crowley Lance Reichert A motion to reconsider was laid on Carson (IN) Harman Marshall Cuellar Langevin Richardson Carter Harper Massa Cummings Larsen (WA) Roe (TN) the table. Castle Hastings (FL) Matheson Davis (CA) Larson (CT) Rogers (AL) Castor (FL) Hastings (WA) Matsui Davis (IL) Latham Rogers (KY) f Chaffetz Heinrich McCarthy (CA) Davis (KY) LaTourette Rogers (MI) Chandler Heller McCarthy (NY) Davis (TN) Lee (CA) Rohrabacher NATIONAL ENGINEERS WEEK Childers Hensarling McClintock DeFazio Lee (NY) Ros-Lehtinen Chu Herger McCollum DeGette Levin Roskam The SPEAKER pro tempore. The un- Clarke Herseth Sandlin McCotter Delahunt Lewis (CA) Ross finished business is the question on Clay Higgins McDermott DeLauro Lewis (GA) Rothman (NJ) suspending the rules and agreeing to Cleaver Hill McGovern Dent Linder Roybal-Allard Clyburn Himes McHenry Diaz-Balart, L. Lipinski Royce the resolution, H. Res. 1097. Coble Hinchey McIntyre Diaz-Balart, M. LoBiondo Ruppersberger The Clerk read the title of the resolu- Coffman (CO) Hirono McKeon Dicks Loebsack Ryan (OH) tion. Cole Hodes McMorris Dingell Lofgren, Zoe Salazar Conaway Holden Rodgers Doggett Lowey Sa´ nchez, Linda The SPEAKER pro tempore. The Connolly (VA) Holt McNerney Donnelly (IN) Lucas T. question is on the motion offered by Conyers Honda Meek (FL) Doyle Luetkemeyer Sanchez, Loretta the gentleman from Oregon (Mr. WU) Cooper Hoyer Meeks (NY) Dreier Luja´ n Sarbanes that the House suspend the rules and Costa Hunter Melancon Driehaus Lungren, Daniel Scalise Courtney Inslee Mica Edwards (MD) E. Schakowsky agree to the resolution, H. Res. 1097. Crenshaw Israel Michaud Edwards (TX) Lynch Schauer The question was taken. Crowley Issa Miller (FL)

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.051 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1001 Miller (MI) Radanovich Smith (NJ) RESOLUTION TO DEBATE WAR IN name is Rodney Napier. His service to Miller (NC) Rahall Smith (WA) Miller, Gary Rangel Snyder AFGHANISTAN the relief effort and helping those in Miller, George Reichert Souder (Mr. KUCINICH asked and was given Haiti who need long-term medical care Minnick Richardson Space permission to address the House for 1 as a result of the earthquake is a show Mitchell Roe (TN) Speier of selfless and truly inspirational giv- Moore (KS) Rogers (AL) Spratt minute.) Moore (WI) Rogers (KY) Stearns Mr. KUCINICH. This Thursday, I will ing to the world. Moran (KS) Rogers (MI) Stupak bring to the House a resolution which Mr. Napier helped found the Granted Moran (VA) Rohrabacher Sutton Wish Foundation, a national non-profit Murphy (CT) Rooney Teague will finally give this House a chance to Murphy (NY) Ros-Lehtinen Terry debate the war in Afghanistan. whose mission is ‘‘to provide wishful Murphy, Patrick Roskam Thompson (CA) We now have about 1,000 U.S. troops fulfillment to disabled, disadvantaged Murphy, Tim Ross Thompson (MS) who have perished in the conflict. We and deserving individuals and fami- Myrick Rothman (NJ) Thompson (PA) lies.’’ Nadler (NY) Roybal-Allard Thornberry have many innocent civilians who have Napolitano Royce Tiahrt lost their lives. We have a corrupt cen- When the earthquake shocked Haiti Neal (MA) Ruppersberger Tiberi tral government in Afghanistan that is and the world, Mr. Napier made his Neugebauer Ryan (OH) Tierney corporate jet available so that supplies, Nunes Ryan (WI) Titus basically stealing U.S. tax dollars. Nye Salazar Tonko The Washington Post had a story last doctors, missionaries, and other relief Oberstar Sa´ nchez, Linda Towns week of how up to $200 million is pass- workers could get to the island for Obey T. Tsongas ing through airports from Kabul to help. Humbled by what he saw while Olson Sanchez, Loretta Turner volunteering himself, he realized he Olver Sarbanes Upton Dubai, and it is suspected the money is Ortiz Scalise Van Hollen either U.S. aid, money from drug traf- had to do more. He donated nearly Owens Schakowsky Vela´ zquez fic, or both. What a mess this is. $70,000 to the relief effort. He also auc- Pallone Schauer Visclosky tioned off three Super Bowl tickets, to- Pascrell Schiff Walden We are finally going to have a vote Pastor (AZ) Schmidt Walz on the privileged resolution. It will be taling $12,000, and the Granted Wish Paul Schock Wasserman dropped on Thursday; it will lay over Foundation collected more than $63,000 Paulsen Schrader Schultz for the weekend. On Tuesday there will for Haitians in need. Using these dona- Payne Scott (GA) Waters tions, two medical treatment vehicles Pence Scott (VA) Watson be a rule. On Wednesday we will have 3 Perlmutter Sensenbrenner Watt hours of debate. went to Haiti so that physicians could Perriello Serrano Waxman Let’s get ready to debate Afghani- rehabilitate permanently disabled chil- Peters Sessions Weiner dren. Peterson Sestak Welch stan, and let’s get ready for Congress Petri Shadegg Westmoreland to get in the game and take Americans Mr. Napier proves that simple acts of Pingree (ME) Shea-Porter Whitfield out. charity can make the difference and Pitts Sherman Wilson (OH) save lives. He lives by the biblical les- Platts Shimkus Wilson (SC) f son that ‘‘to whom much is given, Poe (TX) Shuler Wittman Polis (CO) Shuster Wolf RECOGNIZING DR. BRUCE much is expected.’’ Whether in our Pomeroy Simpson Woolsey LOCKLEAR, PRINCIPAL OF EDINA local community or in Haiti, we need Posey Sires Wu HIGH SCHOOL leaders like him. Price (GA) Skelton Yarmuth Price (NC) Slaughter Young (AK) (Mr. PAULSEN asked and was given f Quigley Smith (NE) Young (FL) permission to address the House for 1 TRY DETAINEES IN CUBA NOT VOTING—49 minute.) Mr. PAULSEN. Mr. Speaker, I rise (Mr. ROONEY asked and was given Austria Emerson Marchant permission to address the House for 1 Barrett (SC) Fallin McCaul today to recognize Edina High School Brady (TX) Garamendi McMahon Principal Dr. Bruce Locklear, who was minute.) Brown (SC) Gordon (TN) Mollohan recently named the 2010 Minnesota Mr. ROONEY. Mr. Speaker, last Brown, Corrine Granger Putnam week, my office introduced legislation Burgess Grayson High School Principal of the Year by Rehberg to have all the detainees at Guanta- Butterfield Green, Gene Reyes the Minnesota Association of Sec- Buyer Grijalva Rodriguez ondary School Principals. namo Bay, Cuba tried in a military Camp Gutierrez Rush commission at Guantanamo Bay, Cuba. Campbell Hall (TX) Members of the association chose Schwartz Cassidy Hinojosa Bruce for his collaborative leadership Recently, when I was at Guantanamo Smith (TX) Cohen Hoekstra style and his effort to create a more Bay, Cuba, I visited the men and Costello Inglis Stark women who are serving in uniform Sullivan personal school environment, and those Dahlkemper Jackson (IL) guarding the prisoners at that facility Davis (AL) Jackson Lee Tanner traits have certainly paid off. Under Deal (GA) (TX) Taylor the leadership of Principal Locklear, in a facility that has cost taxpayers in Edwards (TX) Johnson, Sam Wamp Edina High School has gained praise the hundreds of thousands of dollars. and recognition, both in Minnesota and We also have a state-of-the-art court- b 1917 throughout the Nation. Edina was room there to accommodate. I urge ranked among the top 2 percent of high Members to support this bill, which is ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE schools in the Nation last year by U.S. a commonsense resolution to a very The SPEAKER pro tempore (Mr. News & World Report, and ranked 91st controversial issue this year. Try the MAFFEI) (during the vote). There are 2 overall in the latest poll by Newsweek. detainees in Cuba in a military court minutes remaining in this vote. Additionally, Edina has introduced sev- martial. So (two-thirds being in the affirma- eral innovative education programs f tive) the rules were suspended and the and a new student leadership program resolution was agreed to. during his tenure. SPECIAL ORDERS The result of the vote was announced Mr. Speaker, I am proud to congratu- The SPEAKER pro tempore. Under as above recorded. late Dr. Locklear on this well-deserved the Speaker’s announced policy of Jan- A motion to reconsider was laid on achievement. uary 6, 2009, and under a previous order the table. f of the House, the following Members will be recognized for 5 minutes each. RECOGNIZING RODNEY NAPIER f f FOR HIS EFFORTS TO HELP THE PEOPLE OF HAITI TEXAS INDEPENDENCE DAY PERSONAL EXPLANATION (Mr. BOCCIERI asked and was given The SPEAKER pro tempore. Under a Mr. GUTIERREZ. Madam Speaker, I was permission to address the House for 1 previous order of the House, the gen- unavoidably absent from the House Chamber minute.) tleman from Texas (Mr. POE) is recog- today. I would like the RECORD to show that, Mr. BOCCIERI. Mr. Speaker, today I nized for 5 minutes. had I been present, I would have voted ‘‘yea’’ rise in recognition of a fine business- Mr. POE of Texas. Mr. Speaker, I rise on rollcall votes 75, 76 and 77. man from Stark County, Ohio. His today because this is a unique day in

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.026 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1002 CONGRESSIONAL RECORD — HOUSE March 2, 2010 the history of the great State of Texas. to rally other Texas volunteers to ulti- dangerous, expensive, and wasteful Today, March 2, marks Texas Inde- mately defeat Santa Anna in the Bat- ‘‘bunker buster’’—the pet nuke of the pendence Day; and on this day 174 tle of San Jacinto on April 21, 1836. previous administration. While his years ago, Texas declared its independ- The war was over, and the Lone Star predecessor thumbed his nose at the ence from Mexico and its dictator, flag was visible all across the broad, Comprehensive Test Ban Treaty and Santa Anna. bold, brazen plains of Texas. the Nuclear Nonproliferation Treaty, In 1836, in the small farm village of Texas remained a nation for 9 years President Obama is sincere about hon- Washington-on-the-Brazos, 54 and claimed land that now includes oring our multilateral obligations. Texians—as they called themselves— part of New Mexico, Oklahoma, Colo- gathered to do something bold and cou- rado, Kansas, Wyoming, even up to the Not all the news is that encouraging, rageous: they signed the Texas Dec- Canadian border. however. The emerging White House laration of Independence from Mexico In 1845, Texas was admitted to the strategy looks like it will include an and once and for all declared that the Union by only one vote when a Lou- increased reliance on missile defense people of Texas do now constitute a isiana Senator changed his mind. By systems, which have proven themselves free, sovereign and independent repub- treaty with the United States, Texas to be a failure and a waste of taxpayer lic. may divide into five States, and the money for going on 30 years now. Most As these determined delegates met to Texas flag is to fly even with the U.S. ominously, there appears to be some declare independence, Santa Anna and flag and not below it. reluctance in the White House to adopt his 6,000 enemy troops were marching So, today, we remember that Texas a ‘‘no first use’’ policy. In other words, on an old beat-up Spanish fort, a mis- was a glorious nation once and won we would not specifically rule out the sion that we call the Alamo. There, freedom and independence because possibility of a preemptive nuclear Texas defenders stood defiant and some fierce volunteers fought to the stood determined. They were led by a strike. This should terrify all of us, Mr. 27-year-old lawyer by the name of Wil- death for liberty over tyranny. Speaker, because it takes only a single liam Barrett Travis. The Alamo and its One of my grandsons is named Bar- nuclear attack to unleash untold 187 Texans were all that stood between rett Houston in honor of Travis and human suffering, the likes of which the the invaders and the Republic of Texas. General Sam. world has never seen. In Colonel Travis’ final letter from And behind the cold, dark, damp walls What possible national security ob- of that Alamo, Commander William the Alamo, he signed off with 3 words: God and Texas, God and Texas, God and jective could be served by using weap- Barrett Travis sent the following letter ons that could wipe out civilization? to Texas requesting aid. Here is what Texas. this appeal said in part: Mr. BARTON of Texas. Will the gen- I encourage the White House to be ‘‘To all the people of Texas and tleman yield? bold in its pursuit of a world free of nu- Americans throughout the world, I am Mr. POE of Texas. I will yield. clear weapons. Specifically, I want to besieged by a thousand or more of the Mr. BARTON of Texas. As a sixth- see the administration adopt the prin- enemy under Santa Anna. I have sus- generation native Texan, I want to ciples of the ‘‘NO NUKES’’ resolution tained a continual bombardment and commend you for honoring Texas Inde- that I have introduced in this Con- cannon fire for over 24 hours, but I pendence Day, March 2, the 174th birth- gress—‘‘NO NUKES,’’ which stands for have not lost a man. The enemy has de- day of the Republic of Texas. I com- Nonproliferation Options for Nuclear manded surrender at its discretion, mend you for the fine work that you Understanding to Keep Everyone Safe. otherwise the fort will be put to the do, not just for your constituency in sword. I have answered that demand the Houston area, but for the entire The resolution specifically declares with a cannon shot, and the flag still State and America. that the United States would not use waves proudly over the wall. God bless you, Congressman POE. nuclear weapons first, regarding them ‘‘I shall never surrender or retreat. I Mr. POE of Texas. In reclaiming my as a deterrent against attack until call upon you in the name of liberty time, thank you. their eventual complete elimination. and patriotism and everything dear to And that’s just the way it is, Mr. The resolution also calls for more ag- our character to come to our aid with Speaker. gressive multilateral negotiations to- all dispatch. If this call is neglected, I f ward disarmament, greater cooperation am determined to sustain myself for as with Russia toward dismantling Cold long as possible and die like a soldier NO WINNERS IN THE NUCLEAR War nuclear warheads, a reaffirmation who never forgets what is due his honor ARMS RACE and that of his country. Victory or The SPEAKER pro tempore. Under a of the moratorium on nuclear testing, death.’’—William Barrett Travis, Colo- previous order of the House, the gentle- and a ban on weapons in outer space. nel, Texas Army. woman from California (Ms. WOOLSEY) Nuclear nonproliferation is one of the After 13 days of glory at the Alamo, is recognized for 5 minutes. pillars of the Smart Security approach Commander Travis and his men sac- Ms. WOOLSEY. Mr. Speaker, there is that I have been advocating from this rificed their lives on the altar of free- no greater security threat in the world Chamber for years, Mr. Speaker. dom. However, those lives would not be than the continued development and ‘‘Smart Security’’ means using more lost in vain. Their determination did proliferation of nuclear weapons. A sin- brains and less brawn to keep America pay off, and because heroes like Travis, gle nuclear strike has the power to de- safe. It treats war only as a last resort. Davy Crockett and Jim Bowie held out stroy the planet and to obliterate the It demands that we stop equating secu- so long, Santa Anna’s forces took such human race. great losses they became battered and rity with aggression or belligerence. It The headline in Sunday’s New York advances our security goals through demoralized. As Travis said, ‘‘Victory Times read, ‘‘White House is rethink- will cost them more dearly than de- humanitarian rather than military ing nuclear policy.’’ Boy, did it need means—more development aid, more feat.’’ some rethinking. The Alamo defenders were from every diplomacy, more conflict resolution, After years of a grossly irresponsible State and 13 foreign countries. They and a more vigorous commitment to nuclear strategy, we should all be were black, brown, and white. Their stopping the spread of nuclear weap- grateful that the Obama administra- ages were 16 through 67, and they were ons. tion seems poised on this issue to put all volunteers. They were mavericks, us on a course toward peace and global There can be no winners in the nu- revolutionaries, farmers, shopkeepers, clear arms race. We cannot afford to and freedom fighters; and they came security. get this one wrong. I hope our Presi- together to fight for something they It appears that the President is pre- dent treats this issue with the urgency believed in: freedom and independence. pared to dramatically reduce the size of the U.S. nuclear stockpile. All ac- and the sensitivity that it deserves. b 1930 counts are that there will be no devel- Nothing less than the life of every General Sam Houston, in turn, had opment of new nuclear weapons on his man, woman, and child on Earth is at the time he needed to devise a strategy watch. That includes the unnecessarily stake.

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.056 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1003 THE DEPARTMENT OF THE NAVY HOUSE COMMITTEE ON ARMED this up. I happen to have these three AND MARINE CORPS SERVICES, posters of fallen heroes from Camp Washington, DC, January 26, 2010. Lejeune. They are marines who have The SPEAKER pro tempore. Under a Hon. WALTER JONES, died. Mr. Linn said that he was so dis- previous order of the House, the gen- House of Representatives, 2333 Rayburn House appointed and that, when he received tleman from North Carolina (Mr. Office Building, Washington DC. DEAR WALTER: I wanted to take this oppor- these condolence letters, he was so JONES) is recognized for 5 minutes. tunity to commend you on your continuing proud of his son, who was a marine. I’ll Mr. JONES. Mr. Speaker, I want to campaign to redesignate the Department of show you what he received. thank 370 Members of the House of the Navy as the ‘‘Department of the Navy Mr. Speaker, you can see on this let- Representatives for joining me in an ef- and Marine Corps.’’ Since 2001, you have ter—it’s a blowup—the Secretary of the fort to rename the Department of Navy worked tirelessly to bring about this change, Navy, Washington, D.C., Navy flag. to be the Navy and Marine Corps. and I am proud that, as Chairman of the House Armed Services Committee, I have in- Nothing. There is absolutely nothing I would also like to share with the cluded it in the Chairman’s mark of the Na- about the Marine Corps. Yet, the young House that last Thursday was a very tional Defense Authorization Acts of Fiscal man who died and many others who exciting day for this effort, the reason Years 2008, 2009 and 2010. I regret, however, have died who were also marines re- being that Mike Blum, a Marine Corps that the Senate has not been as receptive to ceived the same kind of letter, and League executive director, was the MC your effort, and so far, we have been unable there was nothing about the Marine at a news conference that was at- to carry this provision into a Conference Re- Corps except in the body of the letter. tended. port, and then into law. If this should become law—and I hope Walter, your dedication to this matter has One of the speakers was United been steadfast, and I commend your sincere that the Senate will see the need for States Marine General Tony Zinni. desire to recognize the men and women of this, the need to recognize the Marine Corps and to say, Thank you, Marine Senator PAT ROBERTS, from the Sen- the United States Marine Corps in this way. ate, introduced an identical bill to the Hopefully, 2010 will be different. With over Corps. You are one part of the fighting 360 co-sponsors of your bill H.R. 24, this ef- team, the Navy and Marine Corps. This bill H.R. 24, which 370 Members cospon- fort has real momentum behind it, and I will sored. is what it would have said: be pleased to support its consideration on The Secretary of the Navy and Ma- Also in attendance to speak was Gen- the House Floor and, of course, again carry rine Corps, Washington, D.C., with the it as part of the Chairman’s mark of the na- eral Al Gray, a former commandant of Navy flag and the Marine flag. That’s the United States Marine Corps. tional defense authorization bill for Fiscal Year 2011. what it should be. I want to say before There was a very impressive young Very truly yours, I close, Mr. Speaker, that the Navy and man from Texas, Sergeant Eddie IKE SKELTON, Marine Corps are one fighting team. Wright, a marine veteran and Bronze Chairman. They should be represented in name as Star recipient, who lost both hands in one fighting team, Navy and Marine combat in Iraq in 2004. Despite his inju- HOUSE COMMITTEE ON ARMED Corps. ries, he became a Marine Corps hand- SERVICES, Mr. Speaker, I want to close, but as I Washington, DC, February 3, 2010. to-hand combat instructor. He later re- always do close with my heart aching Hon. WALTER B. JONES, tired and is now a defense contractor. 2333 Rayburn House Office Building, Wash- for all who have given their lives for Sergeant Wright explained the impor- ington, DC. this country in Afghanistan and in tance of teamwork between the Navy DEAR CONGRESSMAN JONES: It is with great Iraq, I ask God to please bless our men and Marine Corps because he said at pleasure that I join you and Chairman Ike and women in uniform and for God to the news conference, if he had not had Skelton in the effort to redesignate the De- please bless their families. the Navy corpsman there, he would not partment of the Navy as the Department of God, please, in your loving arms, have been living today to appear at the the Navy and Marine Corps. For the past hold the families who have given a news conference, calling for this rela- eight years, I have worked with you to see this become a reality. Now is the time to child dying for freedom in Afghanistan tionship to be publicly respected—the move forward. Through blood and sacrifice, and Iraq. Navy and Marine Corps. the United States Marine Corps deserves Mr. Speaker, I ask God to please There also was a father, Dick Linn, such recognition and I hope that this year it bless this House and Senate that we whose son, Karl, was killed in Iraq in becomes a reality. will do what is right in the eyes of God. 2005. As you are aware, the House version of the I ask God to please bless the Presi- National Defense Authorization Act (NDAA) Tracy Della Vecchia, the dent. Give him wisdom and strength to has carried this language since 2001. How- do what is right for this country. MarineParents.com founder and execu- ever, the Senate has yet to agree to our posi- tive director, was there. Her Web site tion in order for this change to take effect. Three times, I will ask God: God, has over 130,000-plus members. It pro- Today, more than 360 members of the House please, God, please, God, please, con- vides support for parents of marines. have agreed with us that this change is nec- tinue to bless America. She also spoke on behalf of this legisla- essary to reflect the true role of the Marine f Corps within the Department of Defense, as tion. a coequal with the Navy. I look forward to SHAMELESS EXPLOITATIONS OF Mr. Speaker, the purpose of this news pushing this effort with you when it reaches THE FILIBUSTER conference was to announce the na- the House Floor in the spring as a stand- The SPEAKER pro tempore. Under a tional spokesman. The national alone measure and will continue to support previous order of the House, the gen- the language in the FY11 NDAA. spokesman was also in attendance, and tleman from Georgia (Mr. JOHNSON) is he spoke as well—Lee Ermey, known as Thank you for your steadfast dedication to this effort. recognized for 5 minutes. the ‘‘Gunny,’’ a Golden Globe-nomi- Sincerely, Mr. JOHNSON of Georgia. Mr. Speak- nated actor and marine veteran. Ermey HOWARD P. ‘‘BUCK’’ MCKEON, er, today, I am saddened as I rise in is host of the History Channel’s ‘‘Mail Ranking Member. support and on behalf of the American Call’’ and ‘‘Lock N’ Load with R. Lee In the letters from the chairman and people who do not believe that the fate Ermey.’’ He is a star of major films, in- ranking member, they state that they of the Nation should be subject to the cluding ‘‘Full Metal Jacket,’’ ‘‘Dead will bring this bill to the floor some- whims of just one single individual Man Walking,’’ and ‘‘Toy Story.’’ Lee time in April as a suspension bill, will Senator. Ermey has become the national spokes- pass it on the floor, and will send it to The Senate filibuster was first used man, and he intends to help us try to the Senate. Then it will be up to the in 1837, and for more than a century, it convince the Senate to accept three Senate to do what they will. Hopefully, has been used very sparingly and as a words: ‘‘and Marine Corps.’’ they will understand what Senator last resort. Even as recently as the Mr. Speaker, I submit for the RECORD ROBERTS said. All we are asking for are 1960s, when the filibuster was used to letters from IKE SKELTON, chairman of three words: ‘‘and Marine Corps.’’ obstruct historic civil rights legisla- the Armed Services Committee, and Mr. Speaker, before I close, Dick tion, it was used to block legislation in also from Ranking Member BUCK Linn, who lost his son in Iraq in 2005, less than 10 percent of major bills, but MCKEON. received condolence letters. He brought a rule change in the 1970s opened up

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.058 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1004 CONGRESSIONAL RECORD — HOUSE March 2, 2010 the floodgates for abuse. Suddenly, by throats of the American people. This ed to admit Texas to the Union was simply threatening to filibuster, a sin- week, in the midst of a deep recession, elected by the State legislature by one gle Senator could obstruct any bill thousands of jobs have been fur- vote. that lacked 60 votes. Today, the fili- loughed, millions of unemployed Amer- He went to the United States Senate buster is the last stand of special inter- icans have feared the loss of their life- and they debated the issue of Texas ests and is a platform for lines, their unemployment benefits, being admitted to the Union for a long grandstanding by obstructionist Sen- and construction projects ground to a time, and, as my colleague just said, ators. halt. Texas was admitted to the Union by In 2009, the Party of No, the Senate All because a single, lame-duck Senator— one vote. Republicans, paralyzed the country, ostracized even within his own party—wants So when people tell you one vote filibustering our political process—80 some attention. doesn’t matter, I hope they will re- percent of major legislation filibus- Well tonight I have an urgent message for member that Texas was admitted to tered. the American people. the Union by one vote, as Mr. POE just Mr. Speaker, there is no doubt that Call him. Call Senator BUNNING. Tell him talked about a few minutes ago, and the Founders of our Nation intended Americans are suffering. Tell him Americans the man from Indiana who was the for the Senate to be a moderating in- have no patience for his shameless games. United States senator who was for fluence on the process of legislating. Tell him America will not be held hostage. Tell Texas being admitted to the Union, he So they gave Senators 6-year terms of him to be part of the solution or to get out of was elected to the U.S. Senate by the office. At the same time, they gave the way. Indiana legislature by one vote, and House Members 2-year terms of office f the man who was a State representa- so that they could be closest to the will The SPEAKER pro tempore. Under a tive who cast the vote that put him in of the people. The Senate was to be the previous order of the House, the gen- the United States Senate was elected deliberative body. in Scott County, Indiana, by one vote. tleman from Kansas (Mr. MORAN) is George Washington is said to have recognized for 5 minutes. Although I wouldn’t want to take argued that the Senate would cool leg- (Mr. MORAN of Kansas addressed the credit for Texas being a part of the islation as a saucer cools hot tea. In House. His remarks will appear here- Union because of Indiana, I did want to that same spirit, James Madison ex- after in the Extensions of Remarks.) say to my good colleague from Texas plained that the Senate would be a nec- tonight that Indiana did have a role in essary fence against the fickleness and f electing Texas to the United States of passion of American politics. Yet the INDIANA HELPS ACHIEVE STATE- America. So I am very happy that to- Senate no longer cools the tea of legis- HOOD FOR TEXAS BY ONE VOTE night we celebrate the admission of lation. It freezes it cold—solid. It is no Texas into the Union. And I must say longer a fence against fickle passions; The SPEAKER pro tempore. Under a to my colleague, don’t ever forget that it is an impenetrable wall which is ob- previous order of the House, the gen- the United States of America got the structing progress. tleman from Indiana (Mr. BURTON) is great State of Texas because Indiana The prerogative of a single Senator recognized for 5 minutes. put a Senator there who voted for to single-handedly block any bill is an Mr. BURTON of Indiana. Mr. Speak- Texas by one vote. er, one of the Members that I admire affront to democracy. It is clear that f the minority party, utterly incapable the most is my good friend from Texas, Mr. POE. He is a real patriotic guy, and The SPEAKER pro tempore. Under a of governing effectively while in power, previous order of the House, the gen- has decided to obstruct those of us who tonight he made a great speech on the independence of Texas. One of the tleman from Oregon (Mr. DEFAZIO) is are here to solve problems. The fili- recognized for 5 minutes. buster is their weapon of choice. This things I would like to talk about real (Mr. DEFAZIO addressed the House. week, we are witnessing what must briefly is how Indiana had a hand in Texas becoming a free State, a free His remarks will appear hereafter in surely have been one of the most the Extensions of Remarks.) shameless exploitations of the fili- country. buster in American history. Back when Texas was debating f Mr. Speaker, I rise this evening after whether or not they should become an The SPEAKER pro tempore. Under a witnessing this shameless exploitation independent country and ultimately a previous order of the House, the gentle- with sadness in my heart, with sadness State of the Union, we had a real con- woman from Ohio (Ms. KAPTUR) is rec- at the absurd posturing of my friend, tested election in Scott County, Indi- ognized for 5 minutes. the retiring Senator from Kentucky, ana. The guy that was running for (Ms. KAPTUR addressed the House. who has single-handedly blocked pas- State representative of Scott County Her remarks will appear hereafter in sage of highway jobs investment, un- went around door-to-door, and he the Extensions of Remarks.) employment insurance, and health cov- knocked on this one door and a man f was in bed, he was very ill and about to erage for Americans who have lost COMMEMORATING LOUISIANA their jobs. die. When he asked for this man’s vote, STATE UNIVERSITY’S 150TH AN- b 1945 the man said, ‘‘How do you feel about NIVERSARY When this Senator and when the pre- Texas being admitted to the Union?’’ The SPEAKER pro tempore. Under a vious administration were running this The fellow running for State represent- previous order of the House, the gen- country, they threw wild pitch after ative said, ‘‘I am for Texas being ad- tleman from Louisiana (Mr. CASSIDY) is wild pitch—an unnecessary $3 trillion mitted to the Union.’’ And the guy recognized for 5 minutes. war; runaway spending that turned a said, ‘‘I am going to vote for you.’’ Mr. CASSIDY. Mr. Speaker, as a healthy surplus into a massive deficit; On election day, the man was on his proud graduate of Louisiana State Uni- massive tax cuts for the rich that were deathbed, and he was literally carried versity and LSU Medical School, I am not paid for; utter mismanagement of to the polls and he voted for the gen- honored to stand before the House the economy; financial crisis and dev- tleman who said he was going to vote today to thank my colleagues for com- astation to Main Street America—one for admission of Texas to the Union, memorating LSU’s 150th anniversary. wild pitch after another. and he was elected by one vote. Since its first session in 1860, LSU So the American people went to the He went to the State legislature and has become the flagship university for bullpen. They put a pitcher with better there was a great debate over who was our State, with over 650 endowed chairs stuff on the mound. He was a lefty, but going to be the State senator from In- and professorships held by distin- he is throwing strikes straight down diana. In those days, the State legisla- guished faculty in disciplines that sup- the middle with speed and accuracy. ture decided who was going to be the port the culture, government, and But now the Senator is looking to Senator. The debate raged on for a long economy of Louisiana. get back into the game, and he has time, and it was decided that the man With more than 300 student organiza- thrown a beanball straight down the who was running for senator who want- tions on campus, LSU plays a major

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.059 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1005 role in our community. The Ag Center, Associated Press just moments ago, lion is a lot of money, but it is a long for example, has conducted research Mr. Speaker. I was reading my Black- way from a thousand billion, and that which has resulted in greater yields Berry, and apparently the President is is a conservative estimate by the CBO: and incomes for farmers across the going to come forward tomorrow yet $1 trillion for this 2,700-page reform. world. again with some change to the health We don’t need that, Mr. Speaker. It operates the Safety Net Hospital care plan even different from the 11- Again, I am not sure what the Presi- System for the State of Louisiana, car- page change to the Senate bill that was dent is going to say tomorrow, but I ing for the uninsured and under-in- posted on the Internet last Monday in hope that finally he will be listening to sured in our State and sometimes sur- anticipation of the health care summit the American people and realize that rounding States. on Thursday. I don’t know what that is there are some targeted things that After Hurricane Katrina, LSU oper- going to say, Mr. Speaker. I don’t know were mentioned, yes, by Democrats and ated the Nation’s largest field hospital what the President has in mind. Maybe Republicans, but the President I think and enrolled student evacuees from we will spend a little bit of time this wants to adopt some Republican ideas, other universities who couldn’t return evening talking about that. and we are talking about things espe- to devastated areas in our State. I am pleased that my good friend and cially like medical liability reform. In addition to its excellent academic fellow physician co-member of the The CBO gave a very conservative es- programs, LSU is renowned for its ath- House GOP Doctors Caucus and fellow timate of saving $54 billion over 10 letic achievements. OB–GYN specialist from the great years. But if it is the kind of medical Lastly, Mr. Speaker, I would like the State of Tennessee, Dr. PHIL ROE, has liability reform that is comprehensive, RECORD to reflect the proper spelling of joined me, and we will engage in a col- fair, absolutely fair and balanced, so our motto, which reflects not only our loquy. that patients who are injured by prac- affection for LSU, but our French cul- But I just wanted to kind of set the titioners of medicine and by facilities ture. When I say Geaux Tigers, it is G- stage tonight for our colleagues and that are practicing below the standards E-A-U-X Tigers. say to both sides of the aisle, Mr. With that Mr. Speaker, Geaux Tigers, of care, that they absolutely have a re- Speaker, and also to the administra- and I yield back. dress of their grievances and a decent tion, especially to the administration recovery. f and to the President, again, I am not But the President, Mr. Speaker, in A SECOND OPINION ON HEALTH sure what we will see tomorrow, Mr. the bills that we are currently looking CARE President. I look forward to very care- at, the House and Senate bills, there is The SPEAKER pro tempore. Under fully looking at any proposals, espe- just a pittance, like $25 million worth the Speaker’s announced policy of Jan- cially if they are adopting some Repub- of grants to States to look at it, to uary 6, 2009, the gentleman from Geor- lican ideas so that we can do these study. We keep creating these study gia (Mr. GINGREY) is recognized for 60 things, these important things for the commissions, but not even allowing minutes as the designee of the minor- American people, in a bipartisan way. States who have already capped non- ity leader. We were elected to do that. economic damages, so-called pain and Mr. GINGREY of Georgia. Mr. Speak- But I would very much liked to have suffering—in many instances these are er, I thank the minority leader for giv- been at the Blair House last Thursday. these frivolous lawsuits—those States ing me the opportunity to spend some In fact, Mr. Speaker, the President wouldn’t even be eligible for any of this time with my colleagues tonight on the knows that, or at least some of his $23 million in grants. House floor talking about, yes, one of staff knows. I don’t know if he ever got So I hope his comments tomorrow in- the most important issues not just of to read my letter when I requested to clude adoption in a new bill or a modi- the day, but of the year, and in fact the come and speak on behalf of the Doc- fication, and hopefully a vast shrink- past year-and-a-half, and that is, of tors Caucus in the House on the Repub- age of the existing bill, and that it is course, the issue of health care in this lican side. I didn’t get to go, but Dr. true medical liability reform. CHARLES BOUSTANY, our colleague from country. b 2000 Colleagues, I know that we all Louisiana, a cardiothoracic surgeon, watched very closely, as did men and was there, and did a great job. I am aw- Because that’s the only way we save women across the country last Thurs- fully proud of Dr. BOUSTANY. lives and save money and bend that day, when there was a health care sum- But had I been there, had I had that cost curve down in the right direction. mit at the Blair House. Leadership opportunity to get my 5 minutes of So with those opening remarks, Mr. from both the majority Democratic fame or whatever, I would have said to Speaker, I want to yield time to my Party and the minority Republican the President, You know, one thing colleague from Tennessee, Representa- Party, my party, were invited to the that you have done that I think is tive PHIL ROE. White House, about 20 on each side of probably one of the most important Mr. ROE of Tennessee. Thank you, the aisle, moderated by none other things in regard to health care reform, Dr. GINGREY, for yielding. As I was sit- than the President himself. that is money that was allocated, $19 ting here, I think what we should do is I think, Mr. Speaker, that that was a billion in fact, to try to get electronic go back a year. Obviously, last year good thing. I commend the President medical records in the hands of every when we first began this session we for calling that summit. I think that practicing physician in this country, knew that health care reform was each side, leadership and Members, all 750,000 of them, and every hospital going to be on the front burner. The ar- particularly I think my colleagues in this country, so that we could clear- guments that I heard for the need of it from the Senate and our colleagues ly reduce medical errors, we could ulti- being on the front burner were the from the House, the medical doctors, mately save lives, and, in the long run, same as I heard over 20 years ago, did a great job of explaining their view save money. which were rising costs of care, de- and position on health care reform, al- This is an idea that I think, at least creased access to care. And we have ternative ideas which I think the Presi- from this Republican viewpoint, Mr. viewed those things, I think, over a pe- dent listened very carefully to. Speaker, is bipartisan, and I commend riod of time and understand that we It is hard to know what actually the President. President Bush had the have the best quality health care in the came out of that particular session, same idea, and again it was a plan to world in the United States, but it is ex- seven hours of dialogue, the whole get fully integrated medical records by pensive. So the cost is a huge issue. thing televised. But, again, Mr. Speak- the year 2014–2015. So we can do things And that’s one of the things that I er, I think it was good that we showed in a bipartisan way. think in this current bill is not being that there can be some comity and bi- There are a number of other things addressed adequately, or has not been. partisanship in this body and in the that Dr. ROE and I would like to talk One of the great disappointments I Congress. Indeed, it was a good oppor- about, Mr. Speaker, tonight. We don’t had during the debate on this health tunity. need to spend $1 trillion. That expendi- care bill was the fact that in our Doc- Well, here we are almost a week later ture on electronic medical records is tors Caucus on the Republican side we and we get an announcement from the something like $20 billion. Now, $20 bil- have 14 Members, now 10 physicians.

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.065 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1006 CONGRESSIONAL RECORD — HOUSE March 2, 2010 We have an optometrist, dentist, psy- State of Tennessee doesn’t have the times, over that period of 30 years, the chologist. And not any of us were con- money for the current plan, not the increase in premiums. sulted in any meaningful way in put- very expansive plan that we’ve talked And what have we gotten for that? ting together, on the House side, an about. Well, over half the premium dollars over-2,000-page bill. I think last week—I agree with you, that I paid in for 35 years, gone for at- Let’s summarize that bill a little bit. Dr. GINGREY, it was a year overdue. It torneys, both defense and plaintiff at- The House bill that was passed has a should have happened a year ago. It torneys, not to the injured party. Less public option in there. That is not the was good going to show that there are than forty cents on the dollar actually case in the Senate bill. In the Senate philosophical differences between how went to the injured party. So we’ve got bill and the House bill there are both you approach health care. Basically, do a bad system to basically compensate individual and business mandates to you want a larger—I won’t say nanny people who have been legitimately in- purchase insurance. We have never in State—but ever-expanding government jured. So until you get that fixed, the history of this country on a Fed- to make those decisions, or individuals you’re not going to ever completely eral level—and you hear it compared to to make those decisions? Certainly, I bend the cost curve. You’ve got that to a State issue of car insurance. It’s not believe that individuals should. deal with. the same thing. We’ve never done that When you look at this plan that’s I think the waste and fraud, everyone before. So there are some distinct dif- there now, I can tell you it says it’s agrees with that. There’s waste, fraud, ferences in these two bills. And they budget neutral. There’s some gimmicks and abuse in the Medicare program, ab- are now coming to the House. It passed that have been played. PAUL RYAN very solutely. I do have the President’s let- in the House by 220–215; and in the Sen- clearly pointed those out in the $500 ter. And the four things that he agreed ate, 60–40. billion that is being carved out of an to discuss were waste, fraud, and abuse. Now the President, and Dr. GINGREY already underfunded, failed Medicare I think we all agree on that. Both mentioned this, several of us have at- plan; 2016, that goes upside down. In sides. I don’t think you’ll get any dis- tempted on numerous occasions to go other words, more money is going out agreement there. The liability reform to the White House and sit down in a than coming in. If you take $500 billion is just more study. The study that he bipartisan manner and lay out literally out of that, you’ve just created another was talking about was to not limit at- hundreds of years of experience and go liability for the Medicare program. torneys’ contingency fees and caps on over with him what we saw work and I will tell you, if you take that much damages. Well, that’s the two problems what didn’t work. money out, three things will occur. that are causing the problem right And what I saw in my State in Ten- One, there will be decreased access to now. And in Texas, which we’ve al- nessee back 16 years ago was we looked care because doctors are not going to ready done the experiment, in 2003 they at access, we look at rising costs, and be able to take the patients. They passed liability reform. And what’s people’s inability—losing their insur- won’t pay. Number two, the quality happened in Texas? Well, premiums ance. The same issues as today. We will go down if you can’t go in. And, have gone down 30 percent and physi- asked for a waiver from the Health and thirdly, the seniors will pay more for cians have streamed into Texas. Al- Human Services to start a new man- the care they’re going to get because most 15,000 new doctors have applied aged care plan called TennCare. I’ve they’ll have to. There won’t be any for practice in Texas. discussed it here on the House floor, other choice. Mr. Speaker, the third thing that the and I’m not going to go into the de- We talked about some simple things President has in his letter is the inad- tails, but just to say that bill, that that I think we could do. As you point- equate payment for Medicaid patients. project, when it first started, was a $2.6 ed out already, there’s a 2,700-page Sen- In our State, they pay less than 60 per- billion project in the State of Ten- ate bill out there. We can cover two- cent of the cost of actually providing nessee to cover people. We had a lot of thirds of the people in that Senate bill the care. So physicians are not able to uninsured people. We wanted to get as with two paragraphs. Number one—and take as many of those patients, and many people covered as we could. it’s in the House bill—it’s simply to many of them limit or don’t see Med- In doing that, in 10 budget years in allow young people who don’t have icaid patients. He said he would be the State of Tennessee that had gone health insurance after they get out of willing to look at that if it’s fiscally to an $8 billion program. It had tripled high school or college to stay on their responsible. The other is to encourage in costs. And so we found out unless parents’ plan until they’re 26 or 27 health savings accounts, which has people had some skin in the game, un- years old. Just pick your number. That been one of the centerpieces of per- less they had some different incentives will cover 7 million young people. sonal responsibility. than we had, the costs would escalate. Number two, sign up the people who One of the things that has bothered As a matter of fact, it escalated so are already eligible for SCHIP, the me in this bill, that supposedly the much that it took up one-third of the State Children’s Health Insurance President said in this chair here not State budget, and every new State dol- Plan, or Medicaid. Already you have long ago, that he wouldn’t sign any lar we took in went to the health care. got those plans in place. Have adequate legislation that wasn’t budget neutral. So the Governor, who’s a Democrat, funding. That will cover, Dr. GINGREY, Well, the sustainable growth rate, as and the legislature, which was Demo- almost 20 million people. This com- you and I both know, are how doctors crat and Republican, split, had to do plicated Senate plan covers 31 million are paid by Medicare. As a matter of something about it because the State people. fact, right now there is no—we have simply couldn’t afford it. You hear people talk about bending had no ‘‘doc fix,’’ we call it. There’s a What I see in this current Senate bill the cost curve, keeping costs down. Dr. 21 percent cut in the budget right now is a massive expansion of the same pro- GINGREY talked about it a little bit on for that that will occur this week if we gram that failed in the State of Ten- medical liability reform. Without li- don’t do something this week. If nessee. And to show you how bad it is ability reform you will never be able to there’s a 21 percent cut in those pay- right now in our State, we’re having to completely reverse this cost esca- ments to our physicians, then you’re limit doctors visits. That’s right now, lation. Why? Because doctors will order going to see a lot less Medicare pa- currently, I’m talking about. Not with tests to protect them in case there’s no tients have access to their doctors. And this added part. Remember, in the Med- disincentive for them not to. Again, an that is a very bad thing. icaid program, the State has a match. experience we’ve had in our State: 35 So I think there are some good That’s why the Nebraska carve-out was years ago we formed a mutual com- things about what the President said such a problem for other States, be- pany, State Volunteer Mutual Insur- here. I agree with that. Then there’s cause there is a match that’s required ance Company, to protect physicians. some things that just don’t mesh with in Medicaid: the Federal Government When I first went into practice, my the current legislation. provides so much money, the State premiums were about $4,000 a year, I want to talk about one other thing, provides so much. Well, our State can’t probably much like yours were. When and then I’ll yield back. One of the provide any more. So we’ve cut the we left, a physician who took my place things that when you see CBO and you rolls of over 200,000 simply because the was $74,000. It’s gone up almost 18 see all these estimates, you have to go

VerDate Nov 24 2008 03:24 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.067 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1007 back and just look at history. When heard by the White House and Demo- total. We need to be careful that we’re Medicare was first debated on this very cratic leaders as Democrats continue not beating up on them so bad that all floor right here, and passed, it was a $3 to try and ram a government takeover of a sudden we destroy an industry, and billion program. 1965. The estimates of health care through the Congress by how many hundreds of thousands of then were it would be a $15 billion pro- any way possible. This is a quote from jobs in the process. gram in 1990. Flash forward to 1990. It Rasmussen, the polling guru. Mr. ROE of Tennessee. Will the gen- was over a $90 billion program. Today, Everybody’s familiar with the Ras- tleman yield? it’s over a $400 billion program. mussen poll: February 23, 2010, just last Mr. GINGREY of Georgia. I would be So if you look at those estimates and week, Voters still strongly oppose the proud to yield for comments from my look at the history of our estimate in health care reform plan proposed by colleague from Tennessee. Tennessee that we were going to actu- President Obama and congressional Mr. ROE of Tennessee. You make a ally save money, keep premiums down. Democrats and think Congress should great point. We are not here defending And, Dr. GINGREY, what’s happened focus instead on a smaller plan, small- them. But to put this in perspective, if when the bigger—these programs that er bills, that address problems individ- you took all the profits that the health come along that don’t pay the cost of ually rather than a comprehensive insurance industry made, it would be 2 the care. Medicare pays about 80, 90 plan. days of the health care of this country. percent of the cost of providing the Well, Mr. Speaker, that’s what we’re That is how much it is: 2 days out of care, and TennCare or Medicaid pays talking about tonight, that’s what Dr. 365. about 60 percent of the cost. Those ROE is discussing, that’s what I said in Mr. GINGREY of Georgia. I thank costs get shifted. And they get shifted my opening remarks, about had I been the gentleman for pointing that out. to business and individuals. We think, at the Blair House, what I might have This is the kind of wisdom that we in Tennessee, it might add as much as said, very respectfully, to the Presi- need to hear and need to stop and $1,800 per family who have private dent, to Majority Leader REID, and to think. health insurance. So it’s a hidden tax. the Speaker of this House of Represent- Certainly Dr. ROE would agree, and I We can’t continue to do that, or you’ll atives, Ms. PELOSI. fully agree, Mr. Speaker, that if insur- drive the insurance companies out of ance companies are rescinding, is the business. b 2015 word that is used, a rescission action, Certainly, the insurance companies, The American people were not an rescinding a policy after the fact. we have every right, I think, to look at angry mob, as they are not today, my Somebody has got health insurance for them very seriously. I know when I left colleagues. They are men and women, a their family, including their children, practice, I had a case, and one of the lot of seniors, yes, very concerned and they have a teenage daughter, and last cases I did, I spent as much time about the massive takeover by the gov- she, lo and behold, has to go into the getting the case approved as I did actu- ernment. And that is the thing, the hospital for an emergency appendec- ally doing the case, almost. So there’s bottom line that the people fear the tomy. The surgery is a success, every- some insurance reforms that need to be most, is having government take over thing goes fine, and they expect that out there. You’ve experienced the same every aspect of our lives. Indeed, col- the insurance company will pay what- exact thing. A lot of frustration on my leagues, we are talking about, and we ever is above the copay and the deduct- part there, also. all hear this quote and don’t argue ible. And then all of a sudden they are I yield back to the gentleman. with the statistics, this is one-sixth of told, ‘‘Well, no, we’ve looked back Mr. GINGREY of Georgia. Dr. ROE, our economy; $2.5 trillion a year on through your policy that you took out, thank you so much. I hope you will be health care. Dad, for the family 10 years ago when able to stay with us for a little bit We see the same thing, quite hon- your teenager was just 3, and you gave more time tonight as we continue the estly, happening in education. We have us the wrong birth date, or you failed colloquy. a bill on the floor tomorrow, Mr. Mr. Speaker, I wanted to show a few to dot an I or cross a T, and therefore Speaker, a bill with a special rule in slides to our colleagues. Of course, this $20,000 bill, you’re on your own, regard to telling school systems all starting with the Second Opinion, the buddy.’’ Well, that has to stop. Of subtitle: When will the White House across this country how they can dis- course it has to stop. listen to the American people? When, cipline children. I am sure there are And this also not allowing people indeed, Mr. Speaker, will the White some concerns and there may be some with preexisting conditions, particu- House listen to the American people? abusive behavior in very small pockets larly if they are in the individual mar- In the second slide, let’s just go back and a small problem. But we have this ket, just make it so impossible, either to last August, 7 months ago. Ameri- attitude up here, Mr. Speaker, that the deny or make the premiums four times cans attended town hall meetings Federal Government knows best, and the standard rate, and that essentially across the country in record numbers. we have these knee-jerk reactions to is denial, too, isn’t it, Mr. Speaker? In fact, my town hall meetings, instead things, and all of a sudden we make Well, Dr. ROE and I agree, and every- of having 40 or 50 people there, I had this huge mountain out of a mole hill, body in this body, all 435 of us agree 1,500. And I’m sure other Members ex- I think, in some instances and say the that we need to stop things like that. perienced the same thing. These people Federal Government has to take over; Those things can be done, but it were asking that the Democratic ma- that school boards, elected by a local doesn’t take 2,700 pages and 32 addi- jority stop their plans to implement a community, can’t run their local tional Federal bureaucracies to deal government takeover of health care. schools. I think that is hogwash, quite with that. And here’s a quote, Mr. Speaker, from honestly. Again, I don’t know what the Presi- ABC News, and the date is August 5, The American people have spoken dent is going to say tomorrow. I read 2009. That’s when all these town hall about this. They want us to correct the that AP report that he is going to in- meetings were going on across the things that they can’t deal with them- deed address four subjects in maybe yet country. I quote from the newspaper, selves. And yes, they want us, Mr. another bill, or maybe in addition to There were no lobbyist-funded buses in Speaker, to rein in the abuses, in this the current Senate bill, that were the parking lot of Mardela Middle and instance, of the health insurance indus- brought up last week on Thursday at High School on Tuesday evening, and try. But you have to understand, col- the Blair House by the Republican the hundreds of eastern Maryland resi- leagues, that there are a lot of good, Members that were there. Let me just dents who packed the school’s audito- honest, ethical men and women in this on my BlackBerry, Mr. Speaker, refer rium loudly refuted the notion that country who work in the insurance in- to that. And just for my colleagues, their anger over the Democrat health dustry, whether they are selling life in- maybe some of you had already read care reform plan is manufactured. surance or property and casualty, or that. That’s what ABC News was saying back health insurance. Independent agents. The proposals President Obama listed 6 months ago. And there are some great health in- are four: Number one, sending inves- Now fast forward to today, March 2, surance companies, large companies, tigators disguised as patients to un- 2010. Americans are still trying to be small companies, probably over 3,000 cover fraud and waste. I want to get

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.068 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1008 CONGRESSIONAL RECORD — HOUSE March 2, 2010 back to that, Mr. Speaker, in just a not talking about basketball. It would House bill without the Stupak amend- minute. Expanding medical mal- be madness to do that now. And I will ment, it does do that. The Stupak practice reform pilot programs. Sounds just tell you why I believe that. amendment in the House bill forbids good to me. Increasing payments to Six o’clock the night after that sum- that. The Senate bill does not. And no- Medicaid providers. Absolutely. If we mit last week, I just happened to have where in this language—why can’t we are going to have any Medicaid pro- a telephone town hall and had 1,100 just come out and say a vast majority viders, I hope we will do that. And last, people vote in a poll. There were four of the people do not want that? And we the fourth thing, and I am really inter- questions: Number one, do you want to should be able to come out and say ested in reading about this because I’m pass this bill as it is? Number two, do that no Federal dollars will be used to most in favor of it, expanding the use you want to take a clean sheet of paper fund abortions in this health care take- of health savings accounts. and start over? Number three, do you over. I think that is fairly simple. But I do want to go back to that first want to just scrap it and work on jobs? We saw how the Stupak amendment one, Mr. Speaker, if I may. Sending in- Or number four, do you not have an passed with an overwhelming majority vestigators disguised as patients to un- opinion on this? Five percent of those in the House. It did not do so in the cover fraud, waste, and abuse. I know 1,100 people who voted said to pass the Senate. But I think that is fairly sim- that was brought up at the Blair House bill as is. Thirty-eight percent said get ple. We ought to be able to say that. by a Republican, but, quite honestly, if a clean piece of paper and start over. The President ought to be able to say we don’t already, Mr. Speaker, have Fifty-two percent said just stop alto- that right now, tomorrow. He should be enough Inspector Generals within CMS gether and let’s get to working on get- able to come out and say just that. and other government programs, ting people back to work in this coun- The second thing you brought up a health care, TRICARE, the veterans try; start on jobs. And then 5 percent moment ago were preexisting condi- program, CHIP program across the were undecided. tions. That is for you and I, where I country, I think we could do a better As you can see, that CNN poll right would see it as a physician would be in job with combating waste, fraud and there showed 73 percent of Americans a patient I diagnosed and would have a abuse than sending undercover patients think we should start all over or do breast cancer and maybe lost her job or into doctors’ offices. nothing. So it is not that much dif- retired from teaching or whatever it I haven’t practiced in a while, but I ferent than the very poll I did of 1,100 may be, and then she is uninsurable. spent 31 years, Mr. Speaker, as a med- people voting. Mine was not a sci- Well, that is unacceptable. That is ab- ical practitioner, it has only been 7 or entific poll. I want to point that out. It solutely unacceptable. I fought with 8 years since I practiced, but I worried was just a telephone town hall poll. I that for 30 years in practice. Pre- all the time about making sure that I don’t want to pass it off as anything it existing conditions are a problem in didn’t make a mistake, that I ordered is not. the individual market. The year I ran the sufficient number of tests. And in Mr. GINGREY of Georgia. Thank you for Congress, I was in the individual fact, I practiced like everybody else, for sharing that with our colleagues in market. It was tough to find insurance. probably Dr. ROE as well, I welcome his regard to the tele-town hall meeting It is expensive, and most people can’t comments on this, what we call defen- and the poll that you conducted with afford it. And small businesses. Sev- sive medicine. And many times getting your constituents in Tennessee. You enty percent of our jobs are from small a blood test, or an x-ray, or a CAT referred to this next slide that I have businesses. So how do you create a sit- scan, or an MRI, or something that I got titled, and I want to point it out to uation where small businesses can af- knew wasn’t necessary. I hoped that it my colleagues, ‘‘What Americans ford this and become larger groups? wouldn’t be harmful to the patient. If Want.’’ Just like Dr. ROE said, poll b 2030 you draw too much blood, you can cer- numbers, 73 percent of Americans tainly turn them into an anemic pa- think Congress should start over on Well, I know it doesn’t make sense, tient. health care reform, or if they can’t and I have never been able to under- And, Lord knows, we had a hearing start over and get it right, do nothing. stand why anybody would care if you just last week, Mr. Speaker, in the En- I mean for goodness sakes, this busi- sell insurance across the State line. I ergy and Commerce Committee about ness of when you are talking about use the example of Bristol, Tennessee x-ray exposure, particularly from MRIs health care and somebody comes along and Virginia. There is a city in my dis- and CAT scans and things that you and says to you, ‘‘Do something, even trict where State Street has a line really don’t know if 10, 15, 20 years if it’s wrong,’’ think about that for a right down the middle of the street. On from now if that exposure couldn’t in- minute. Do something even if it’s one side, you are in Virginia, and on deed lead to a cancer that that patient wrong? Regarding health care? Regard- one side, you are in Tennessee. One might not otherwise have contracted. ing an operation? Regarding a delivery side you’ve got a different insurance So all of that defensive medicine that of a child? No. Don’t do something even policy than the other side of the street. we practice, and my colleagues, the OB/ if it’s wrong. You better get it right. That makes absolutely no sense. You GYN specialists, are in town this week, And if you can’t get it right with what don’t get your homeowners that way, and I have had the conversation with your plan is, drop the plan. your life insurance. Car insurance you them, so I know that we need to stop Then going on the bottom half of this can buy across State lines. It makes no that. slide, Mr. Speaker, 56.4 percent of peo- sense. But this business of saying we’re ple indicated they would prefer Con- I can see why the insurance industry going to disguise people and have them gress to tackle health care reform on a wouldn’t want you to do that because go into a doctor’s office as a fake pa- step-by-step basis, not take the com- it creates competition. And then what tient, I sure hope they don’t go in as a prehensive approach as embodied in you allow people to do once they can fake patient and decide to have a legislation that passed the House and shop across State lines, because there hemorrhoidectomy to see whether or Senate last year but is now stalled, are vast differences, you can get on the not the doctor is qualified. Some of thank God, for the past month. Internet and find out what a life insur- this stuff is a little bit ridiculous, I I want to yield to my colleague so he ance policy costs you anyplace in the think. can further elaborate on this. country. You can evaluate whether the I want to yield to my colleague from Mr. ROE of Tennessee. Thank you for company is solid or not, and you know Tennessee, because he’s got almost as yielding. what you’re buying. You can find out. much clinical experience as I have. I One of the things that is not men- It is transparent. would like to know how he feels about tioned in the President’s letter that I We need transparency in insurance that particular aspect of reducing am looking at here is that certainly rates, and we need to allow small busi- waste, fraud, and abuse. people who are either pro-choice or nesses to form groups. You can call Mr. ROE of Tennessee. I would like pro-life do not want, a vast majority do them association health plans, group to go on record tonight with you as not want taxpayer dollars spent on fed- plans or whatever. But if you can naming this ramming this bill through erally funding abortions. The way the spread those risks over thousands of this month March Madness. And I am Senate bill is written, the way the people, then the preexisting condition

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.070 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1009 goes away. And I can’t imagine why Government can help with some sub- use a health savings account. They anybody would object to that. That’s sidies. But not this business of $500 bil- manage their own health care dollars. not here in the President’s plan. He’s lion worth of subsidies. That’s what’s They like it a lot because they then be- got this exchange that’s government causing this bill to be so expensive. In come negotiators for their health care regulated instead of the free market fact, you know, you cut money out of costs. They come to my office, and regulation. I think that’s a huge dif- Medicare, $500 billion out of Medicare, they may negotiate a price for a visit. ference in the way we look at this. Do tax the American people $500 billion. They may go to whatever procedure we want government regulating it? So, Mr. Speaker, Dr. ROE is offering they may have. They may go to the Yeah, you want some. We have anti- us—it’s a Republican idea, yeah, but it hospital and say, I want your lowest trust laws. Absolutely you do. But we ought to be bipartisan. And we talked price, and they can get that by nego- want the free market to work because about it at the Blair House last week. tiations, and that will bend the cost it works much more efficiently, and So we really don’t need these ex- curve down. What continually makes that’s two of the basic differences in changes, do we, Dr. ROE? And I will the cost curve go up is that we’re these two—— yield back to you. shielded from all the costs of the Mr. GINGREY of Georgia. Dr. ROE, if Mr. ROE of Tennessee. I can’t imag- health care. you will yield back to me for just a sec- ine why anybody would mind if you Mr. GINGREY of Georgia. Dr. ROE, if ond, I want to continue on this point bought your health insurance exactly you will yield back, and I think you that you are making. I think what you like you buy any other insurance pol- make a good point. And I hear the just said, if I understand it correctly, icy you want to. I don’t know how you same argument, Well, only people that Mr. Speaker—what Dr. ROE just said is could possibly object to that. Let’s are well-to-do, well-off, high-income that if we would allow individuals to go take Realtors, for instance. Almost all people can afford to have a health sav- online, they wouldn’t have to get in realty shops are small businesses. In ings account in combination, Mr. their car. I wouldn’t have to drive to our community, 10 or 15 people would Speaker, with that low monthly pre- Tennessee to apply, to sign up for a be a large realty store. There are over mium and a high deductible that Dr. health insurance policy that’s offered 500,000 Realtors in America. If they ROE just explained so well. But I have in Tennessee. From the comfort of could come together as an association seen statistics, and I think they’re ac- your home, you do it over the Internet. and buy their insurance through that curate, that 50 percent of people that And if we would simply allow that— exchange or through that association, I have these high deductible, low month- and also, by the way, allow small em- should say, preexisting conditions ly premium combined with a health ployers that maybe employ 10 or 15 would go away. It’s just not an issue if savings account make less than $50,000 people to come together with others in you’ve got 100,000, 200,000 people. a year. And some 75 percent of them what we refer to as an association—and People talk about the FEHBP, the make less than $75,000 or $80,000 a year. very quickly, you could get to 1,000 or plan that the Federal Government has. So we’re not talking about wealthy more and form an association, and that That is the same thing. You have 9 mil- people. I think Dr. ROE makes a good way you spread the risk. You have lion people in that plan. You share point. some people that have preexisting con- those risks, and you can then negotiate By the way, Mr. Speaker, as I was ditions. You have some people that lower rates. reading in the Associated Press about have had a heart attack or already Another thing I think that we need what the President might include to- have high blood pressure or whatever. to talk about tonight are health sav- morrow, these four things I did ridicule But if you spread it among 1,000 people, ings accounts. I want to talk about a bit, this idea of combating waste, you have lots of healthy people in that that for just a minute because most fraud, and abuse with fake patients. I association, so you are able to bring people don’t really understand it. You have embellished or maybe overstated, down the cost. hear it’s just for rich people and so on. but I wanted to make a point, Mr. And the same thing with individuals That’s a big argument you hear. Let Speaker. But as far as expansion of being able to buy across State lines be- me explain to people what a health sav- health savings accounts, I say to the cause they’re part of a—people all ings account really is. President, Kudos, Mr. President. I am across the country in every one of the You are given money, whatever the looking forward to hearing about that, 50 States might be getting on that number is. The way we’ve done since and I hope that this report from the computer and buying a plan that’s of- World War II is that we’ve gotten our Associated Press is true. fered in the State of Tennessee or in insurance and we pay a small copay or I also hope, Mr. President, that the the State of Georgia. And that way, as deductible, and it is 80 percent up to a report about expanding the medical li- I understand what Dr. ROE is saying, certain point and then it’s 100 percent ability reform is true, although I would Mr. Speaker, you wouldn’t need these after that. Well, that means at the end guess that it doesn’t go nearly far exchanges because that would be the of the year, if you have been totally enough, because this report, if it’s ac- exchange. well, the insurance company keeps all curate, Mr. Speaker, says instead of $23 And then to sort of complete the your money. That’s your money you million worth of grants to States to thought, you also—within every State, are paying in, and you are getting enact pilot programs on alternative or you could come together on a re- some of that in lieu of a salary. What ways of dealing with medical liability gional basis if you wanted to with that HSA does is, let’s say you put issues, it increases that amount to $50 neighboring States. You could have $3,000 or $5,000 in. I have had a health million. Well, that’s not much, and these high-risk pools within the State savings account, and we put $5,000 in that’s not really, I don’t think—and I so that individuals that do have these that health savings account. If you got think Dr. ROE would agree with me— preexisting conditions, these insurance sick and used the $5,000, you would pay going nearly far enough to do what we companies, health insurance companies 100 percent after that. So that is my need to do in regard to caps on pain that offer their products within a money I am dealing with. At the end of and suffering judgments, which some- State, they would have to participate, the year, if I have been healthy, I have times can be in the millions of dollars and they would have to agree that, had a healthy lifestyle, I don’t smoke, in a frivolous case. Hey, you take one high-risk patient; I I exercise, I eat well, take care of my- And then a couple of other issues, will take a high-risk patient. You take self, I get to keep the money. I roll it Mr. Speaker, regarding medical liabil- another one; I will take another one. over, and then next year I can use it. ity reform. The defendant in a medical And do it in a fair and balanced way And after a number of years, you may malpractice case could include some- and not have the premiums be more have many thousands of dollars that body that was just covering—let’s say than, say, 2, 21⁄2 times the most stand- you can use for long-term care. as an example, Dr. ROE has a patient ard rates. Then if they are low-income, Now, again, the argument I hear is and asked Dr. GINGREY to step in and but yet they don’t qualify for Medicaid that only rich people do that. Well, say hello to that patient on Sunday because they’re not quite that low but let’s look at my own office. We have 300 morning while Dr. ROE takes his family they certainly can’t afford the pre- or so people that get insurance through to church, and Dr. ROE is going to oper- mium, then the State and the Federal our medical practice, and 84 percent ate on that patient the next day. Dr.

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.072 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1010 CONGRESSIONAL RECORD — HOUSE March 2, 2010 GINGREY just walks by and says hello their parents’ health plan until age 27. That is one of the problems with to the patient and lets her know that I think just signing up people who cur- mandates. Some States have as many Dr. ROE will be in later in the evening, rently are eligible for the current pro- as 60 State mandates that you have to and that’s the only contact that Dr. grams we already have. Those are five have in an insurance policy to sell in- GINGREY has with this particular pa- things right there that we ought to be surance in that State. One of the prob- tient. Well, if something, Mr. Speak- able to agree on in a minute and we lems with it is if you are allowed to er—and it’s not likely that anything can do. buy across State lines, you can go buy would go wrong under the care of a Mr. GINGREY of Georgia. Dr. ROE, a policy that fits your needs and your doctor like Dr. ROE, but sometimes yielding back to me for a second, we’ve family’s needs. You make that deci- things do, and that Dr. GINGREY who already talked about the health sav- sion; the government doesn’t make it just really had essentially nothing to ings plans and expanding that and al- for you. do with the patient’s care would be lowing people—if there still is an ex- Mr. GINGREY of Georgia. That is ex- drug into court. And if he or she had change, and you and I have talked actly right, Dr. ROE. I have a daughter the deepest pockets and the most li- about it, Mr. Speaker. Dr. ROE and I who lives in the great State of New ability coverage, then they would be have talked about it, and I hope our York. Her health insurance policy cov- the ones that would be responsible for colleagues understand this. We don’t ers so much more than many of the most of the judgment and settlement think that we have to have this ex- policies cover in the State of Georgia, or whatever. So we need some robust change, this expensive exchange where for example. And it is much, much, reform. And I hope that the President, you have to subsidize people’s pre- more expensive as a result of that. So Mr. Speaker, is talking about that. miums. That’s how the President was Dr. ROE makes a good point of buying I yield back to my friend to see what able to say last week, Mr. Speaker, across State lines. his thoughts are on that. that 47 percent of people in the ex- One thing before our time expires, Mr. ROE of Tennessee. I thank the change will be paying less than they Mr. Speaker, I want to just say again gentleman for yielding. I will just currently are for their health insur- that hope springs eternal. I don’t know point out the California experiment. ance. Well, yeah, they are paying less what the President is going to say to They did caps on pain and suffering in out of their pockets, but they’re reach- us tomorrow, but I hope that I like 1976, and premiums across the country ing in everybody else’s pockets—John what I hear because the American peo- for malpractice have gone up over 1,000 Q. Taxpayer—to help them pay those ple need relief. But as we stand here to- percent during that time. In California, premiums. So really when you do a lit- night, what is still in these bills? Well, it was about 300 percent. So it’s been a tle fact check on that, you find that a government takeover, that is one huge decrease. Texas was similar. They most people under that plan are going thing. Price controls is another. Indi- have had a 30 to 50 percent reduction in to end up paying more. vidual and employer mandates, and I malpractice premiums. And doctors— And what Dr. ROE is talking about in don’t know that it is really even con- especially high-risk doctors like your- the four or five things he mentioned, of stitutional to say to an individual in self and myself—many counties in course, even if you had an exchange, this country you, under the penalty of Texas now have an obstetrician which you shouldn’t say to people that the law, fines, and jail time, have to buy before they did not have. Over half the only kind of policy that they can buy health insurance. We hope they do, and counties in the State of Tennessee do is a first dollar coverage, the most ex- we hope we create the environment not have an OB/GYN doctor in the pensive kind of policy, when young where we can bring down the price and county. So it is an access inequality people, healthy people and people who people can afford—maybe it is a health problem when you can’t get to a doc- are just out of college or just out of savings account combined with a high tor. And many of our physicians are high school or just back from the mili- deductible, low monthly premium, but leaving the practice, which is very wor- tary and they are trying to pay for a to hold a gun to their head and say risome, because you want your most car, they’re trying to rent an apart- they have to do it, no, that is not right. experienced people staying with it. ment or buy a little starter home, or That is not constitutional. We have another problem, I think, buy an engagement ring for their In the bill, there is no meaningful with this plan. I do believe that from fiancee, and the last thing they can af- medical liability reform. Again, hope what I have heard in my own district, ford is $15,000 a year for a first dollar springs eternal, but the bill puts Wash- there is no question. I came out of coverage health insurance plan that ington bureaucrats in charge of defin- church the week before Christmas, and they don’t even need. So what’s still in ing quality health care. That is where one of my friends there said, Doc, he the bill, it prohibits a person from hav- those 32 new bureaucracies do their said to me, What’s the Senate going to ing one of these plans. work. It cuts $500 billion over all Medi- do with this health care bill? This is Mr. ROE of Tennessee. Would the care, but $120 billion of that is cut out after the House had passed it, and it gentleman yield? of Medicare Advantage, and 20 percent was about Christmas Eve when they Mr. GINGREY of Georgia. It’s of our seniors get their care from Medi- were getting ready to vote. And I said, counterintuitive, isn’t it, Dr. ROE? care Advantage. Why do they call it Well, I think that they’re going to try And I yield back to you. Advantage? Because it is an advantage. to fix it. He grabbed me by my shirt, by It covers wellness. It does screening, my coat lapels, and he said, You fix b 2045 appropriate screening. It keeps people your cat. You kill this bill. What he Mr. ROE of Tennessee. One of the healthy so they are not spending all of was saying was that this comprehen- things that this plan does, it mandates that money in the last weeks or sive, almost incomprehensible bill a certain level of coverage. You have to months of their life. needed to be shelved, and we needed to purchase a certain level of coverage, Finally, this bill raises taxes to pay start from scratch and go all over. and it is a fairly expensive piece of cov- for new entitlement programs, and it I think last week was a start, but it erage. An example would be for fer- gives the government-run plan a beach- was a year too late. You had so many tility. I can assure you that in my fam- head to eliminate the private insurance people that had put their neck out and ily, we don’t need that coverage. I market. And, unfortunately, many of said this absolutely has to be in a bill should be able to purchase the coverage our colleagues, Mr. Speaker, have said when it didn’t have to be. I can think that I need. There are issues in there it loud and clear, whether members of of four or five things we ought to be that I just don’t need any more. For Energy and Commerce, or Ways and able to agree on in a minute, and those example, pregnancy coverage is some- Means, or Education and Labor, that would be selling across State lines. I thing I don’t need. I should be able to they want the government to take think certainly forming association go buy, or a person should be able to go over, just like it exists in Great Britain health plans, doing away with pre- buy, just like when they buy the home- or Canada or other countries. The existing conditions. I think we all can owner’s policy that they need, that is American people don’t want that. They agree on that. I think meaningful mal- what they purchase. You should be able want us to do something in an incre- practice reform we can agree on. I to do the same thing for health insur- mental way, and I think we can do it think letting young people stay on ance. and do it in a bipartisan way.

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.073 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1011 Mr. ROE of Tennessee. Just a very focus on economic issues that affect Street speculation that drove our econ- short comment. This weekend, Dr. Americans who either make up the omy and drove the global economy off GINGREY, Mr. Speaker, I had three middle class or are striving to enter the cliff and put us into this deep hole friends, people I know, diagnosed with the middle class. We all know that our that we have been digging ourselves some very serious illnesses. It just hap- country has historically been at its out of. pened. These three men that I know ex- best when we have had a large middle So as millions of middle class fami- tremely well, all of them, are getting class and our economic policies reflect lies look to us and ask when their re- the highest quality care anywhere in middle class values, and that is why covery effort will bring relief to their the world, and they don’t have to go far when we decided to settle upon our town on their street, they deserve to from home to get it. I think one of the founding principles, we decided that we know what we are going to be doing to things that the American health care wanted to fight for families by pro- spur job creation, insist on fair execu- system has brought to us are new inno- viding them access to quality, afford- tive compensation, and end speculation vations, lengthening of our life span, able health care; to provide them and on Wall Street. and the procedures that are done today their children with the type of world Now, one of the things that we know to extend and improve the quality of class education they will need to com- is that it is very common for politi- life. I am glad to hear no longer, and I pete in a global economy; to make sure cians and groups across the political heard it for a year, and it was very that we have a fair wage system for all spectrum to try to claim the populist bothersome and troublesome to me, to employees in this country; to make mantle. But let me tell you, and I am hear the other side talk about how bad sure that our trade policies provide a going to let my colleagues expand on health care was in America. We cer- level playing field to American work- this, the Populist Caucus that we all tainly have a problem getting health ers and American manufacturers who came together to found was not based care at an affordable price to all of our compete with trading partners who upon a bunch of people running citizens, there is no question that is just frankly don’t quite live up to our through the streets with torches and pitchforks asking for blood. We are true, but the care that everyone gets is standards, whether it is child labor, ex- there because the problems of the mid- good care. ploitation of workers, environmental I can tell you that I have done it my- issues, those are the types of issues dle class are real. The concerns of our self for people who couldn’t pay. And I that we want to focus on as we chart a constituents reflect the concerns of would stand here and hear people talk, new future for this country to promote America, and we want to come to- and I am one of the few people on this and expand the middle class that we all gether and talk about serious answers to real problems to help change the House floor who had to get up and go to are so proud to have been a part of. lives of middle class Americans. the emergency room at 3 in the morn- One of the things that we talked So with that, I am going to yield to ing and see a patient who doesn’t have about as we were trying to dig our- selves out of the greatest economic cri- my colleague from Ohio before I yield health insurance and try to work him to my colleague from Wisconsin to talk through a system and get them care. It sis since the Great Depression was what type of a blueprint for recovery about some of the critical economic isn’t easy. We can do better, and we issues she is hearing about from her sure can do better than this bill right we wanted to offer to the American people that was going to be a reflection constituents and why this Populist here. Caucus response is so critical moving Mr. GINGREY of Georgia. I thank Dr. of the values that we grew up with and give a strong message that, after a forward. ROE for being with me tonight, Mr. Ms. SUTTON. I thank the gentleman bailing out Wall Street, the American Speaker. There are 14 health care pro- for yielding, and for your strong lead- taxpayers deserved help on Main viders on the Republican side. Ten of ership of the Populist Caucus and the Street, and that it was not unreason- them are M.D.s. There are five M.D.s mission that we are on to restore the on the Democratic side. We have two able to ask the very people on Wall promise of the middle class, to stand doctors in the Senate. We probably Street who got us into this mess to up for the middle class, and to stand up have 500 years in clinical experience in help pay for the tab on helping bail out for those who aspire to the middle the aggregate. Let us help. Main Street. class, to make our country work for I am proud to be joined by my In closing, I want to refer to my col- those folks who are aspiring to the friends, the gentlewoman from Ohio league who was here a number of years middle class. ago, Dr. Roy Rowland, a member of (Ms. SUTTON) and the gentleman from We are not something that is com- this body when the Democrats were in Wisconsin (Mr. KAGEN), but one of the plicated. The Populist Caucus believes the majority. Back in the early 1990s, things that I want to talk about at the that strong, immediate action must be Dr. Rowland, a family practitioner beginning is the things that we hear taken to create jobs in the United from Dublin, Georgia, he had a bipar- over and over back in our district, be- States and to put an end to the exces- tisan bill back then that he worked cause all of us have been out talking to sive greed of Wall Street that brought very closely on with his Democratic our constituents, going to town hall us to the brink of disaster. And so I am colleagues and his Republican col- meetings, Congress on Your Corner and proud to join with you, Representative leagues, and he presented that bill. I the other events, and the one thing I BRALEY and Representative KAGEN, to think it was called the Bipartisan hear from my constituents over and stand up and speak to the American Health Reform Act of 1994, and he of- over is this question: When do I get my people about the fight we are waging fered that in lieu of HillaryCare. Unfor- bailout? on their behalf because that’s what tunately, the Democratic majority This is a legitimate question that being a populist is really about. didn’t accept it. Don’t make the same Americans deserve an answer to from When I go home, as when you go mistake this time, Mr. President. Let’s Democrats and Republicans, because if home, I hear all about the need to fa- do it in a bipartisan way and in a you are somebody who has lost your cilitate employment opportunity for small, incremental way. job or you’ve lost your home or you’ve the people that I represent in northeast lost your business or you’ve lost your f Ohio. All they want is a government health care coverage during this crisis, that will work with them and for them, BLUEPRINT FOR RECOVERY you need to know what is my Federal to facilitate those jobs, jobs, jobs that The SPEAKER pro tempore. Under Government doing to help me out. So are so needed out there. We have heard the Speaker’s announced policy of Jan- when we talk about our response, we recently that there is a recovery under- uary 6, 2009, the gentleman from Iowa are going to do it by talking about way, and there are some signs of recov- (Mr. BRALEY) is recognized for 60 min- these three core values: The Populist ery, and we have certainly seen a lot of utes as the designee of the majority Caucus wants to find a blueprint for re- signs of recovery on Wall Street, but leader. covery that is going to spur job cre- there can be no such thing as a jobless Mr. BRALEY of Iowa. Mr. Speaker, I ation; it is going to implement fair recovery, and we have started to hear was very proud to found the Populist compensation for executives who that term bounced about. Caucus with a large group of my helped put us in this problem; and, fi- The Populist Caucus is here to say friends in the Democratic Caucus to nally, bring an end to excessive Wall that there is no recovery if our folks

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.075 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1012 CONGRESSIONAL RECORD — HOUSE March 2, 2010 don’t have jobs, because this is not just In the words of Teddy Roosevelt, who, that, the Populist Caucus has put for- about a country that stands up for the on August 31, 1910, in his speech enti- ward a blueprint for America’s future, well-to-do. This is the People’s House. tled, ‘‘The New Nationalism,’’ set for- and I yield back my time. This body is about making sure people ward the idea of the progressive move- Mr. BRALEY of Iowa. Well, that’s a have opportunity, ordinary people have ment and the Populist Caucus—and I great segue because we not only are opportunity. And what we will discuss, will quote him in part because it was a talking about values; we are talking and when we look back a little bit, it very long speech: about solutions. We’re talking about becomes apparent that the economy, ‘‘Exactly as the special interests of legislation that is going to help us cre- even before the excesses of Wall Street cotton and slavery threatened our po- ate jobs by generating new revenues, came to their full fruition, even before litical integrity before the Civil War, not putting this on the back of the the economy was not working for ordi- so now the great special business inter- middle class, but helping the people nary Americans, we saw a decade of ests too often control and corrupt the who got us into this mess assume some flat wages in this country while we men and methods of government for of the responsibility. And I think one continued to see skyrocketing health their own profit. We must drive the of the cornerstones of our blueprint for care costs. We saw the GDP rise, and special interests out of politics; that is recovery is this issue of fair compensa- we saw productivity rise in this coun- one of our tasks today. Every special tion. And my good friend from try, but the American people who were interest is entitled to justice, full, fair Vermont, Congressman PETER WELCH, doing the work were not sharing in the and complete. And now mind you, if has introduced a bill called Wall Street prosperity. there were any attempt by mob vio- Bonus Tax Act. I am going to let him lence to plunder and work harm to the explain what that bill does and how it b 2100 special interests, whatever it may be, helps achieve this blueprint for recov- So we look forward to developing that I most dislike. And the wealthy ery by putting some incentives for Wall policies—and that’s what the blueprint man, whomsoever he may be, for whom Street to help rebuild Main Street. is all about—that will help deliver sus- I have the greatest contempt, I would Congressman WELCH, I yield to you tainable, quality jobs for the American fight for him, and you would if you at this time. people that will fairly compensate were worth your salt. He should have Mr. WELCH. Thank you very much. I them and put an end to the excessive justice, for every special interest is en- appreciate the opportunity to speak and disparate compensation that those titled to justice, but not one is entitled about trying to get jobs to start going at the top of the food chain have been to a vote in Congress, to a voice on the up along with the stock market. taking for far too many years at the bench, or to representation in any pub- You know, it was only 1 year ago in expense of everyone else. lic office. The Constitution guarantees one week that Wall Street, the stock And so with that, I yield back to the protection to property, and we must market was crashed to its lowest level gentleman. And I thank you again for make that promise good; but it does in years. In that past year, it has re- your leadership; it’s been stellar on not give the right of suffrage to any covered; but while it has recovered, un- this subject. I look forward to the mis- corporation.’’ We the people have employment is still hovering in the sion ahead. rights, corporations don’t. range of 10 percent, underemployment Mr. BRALEY of Iowa. I thank the Now, over the short period of history is in the range of 17 or 18 percent. gentlewoman for yielding. that we’ve been here in Congress, be- There are over 27 million Americans I think one of the things that we’ve ginning in 2006, with Representatives who are seeking work or not working heard a lot about, Dr. KAGEN, is we’ve SUTTON and BRALEY and WELCH, we enough, and we are not going to have heard people try to explain what went took forward some ideas that we gath- an economic recovery until those folks wrong on Wall Street and this concept ered from people. And everywhere I go are back to work. that sometimes big financial institu- in Wisconsin, Mr. BRALEY, people are How did this happen? It happened, we tions are just too big to fail. Now, I telling me the same thing: We want our know, because of the excessive lending, don’t know how it is up in northeastern money back, we want our jobs back. reckless lending largely engineered by Wisconsin; but in Iowa, if something is For too long, our jobs have been Wall Street firms that stood to gain an too big to fail, it’s just too big. So shipped overseas. Instead of our values awful lot of profit. What happened? We, maybe you can help enlighten us a lit- being shipped overseas, it’s been our the American taxpayer, had to bail out tle bit about some of the economic jobs. And here on my left is a short pic- Wall Street, $750 billion. People didn’t policies that we pursued as a country ture of where the jobs have gone. want to do it, but they had a gun to the before Barack Obama became Presi- During the previous administration head of the American economy, and the dent that have contributed to the enor- under George Bush, just before Presi- collateral damage of inaction would mous challenge we have faced this past dent Obama came into office in Janu- have been much more havoc to people’s year in trying to stabilize the economy ary, we had lost 700,000-plus jobs; this pensions, to unemployment, and to before we moved on to a broader re- January, 2010, 20,000. We are moving up Main Street. But 1 year later, Wall sponse to real meaningful financial re- in the right direction. And, yes, we Street is back, but lending by Wall form. need to generate more jobs, but how Street to our small businesses has gone Mr. KAGEN. I thank the gentleman did we get into this mess that started down, not up. If we are going to get for yielding and for putting together really back in 1910 and we’re not done jobs back, if we are going to get people the Populist Caucus. yet? We’ve had two wars at the same back to work, we need our banks—and Once again, as Mr. BRALEY has point- time without paying a dime for it; it tends to be our local banks—to start ed out, we’re populists because we are we’ve had two tax cuts to the rich doing some lending. They have been standing with our feet on the factory without paying for a penny; we’ve had doing the job, but Wall Street hasn’t. floor. We don’t have our heads sitting a $400 billion handout to the big drug What they’ve been doing in the past in a board room on a corporation on companies on Wall Street without pay- year—and quite successfully, they’re Wall Street. We do not share their val- ing a nickel for it. And then at the tail very good at it—is returning to the ca- ues. We have those working class val- end of the last administration we had a sino economy. They’ve made an enor- ues that ordinary people have. looting of the United States Treasury mous amount of money by buying and This battle that we’re in now, this of nearly $1 trillion while they fed selling derivatives, commodities, and battle for America’s future to create their friends on Wall Street, again, currencies. And how did they do it? the jobs that we need to work our way without paying a single dime for it. With the help of the American tax- through today’s troubled times and Well, in Wisconsin, much like in Ohio payer: one, the $750 billion TARP work our way back into prosperity, and everywhere else across the coun- transfer; second, the open window at this battle that we’re in didn’t just try, including Iowa, we have a saying, the Federal Reserve where those banks start 10 years ago, it just didn’t begin you know, there is no free lunch, we had access to 0 percent interest money. with 10 years of net zero job creation. I have to pay our bills. Now, they’ve been so successful that will take us back a century because it’s So we have to pay our bills, we have they have set aside this past year for really not 2010, it’s 1910 all over again. to live within our means; and to do their bonus pool $150 billion.

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.077 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1013 They had three choices as to what where folks make their money by decisions that we’ve lost that Amer- they could do with that money: one, showing up for work, by investing in ican ingenuity. they could have added it to their bal- their community, by hard work for the Well, we haven’t lost it, we all know ance sheets, strengthened it in order to long term, by being satisfied with a that. This is the greatest country in basically fight another day so that if steady and sustainable rate of return the history of the world and our econ- there was a downturn, they would be and profit—which we need in a capi- omy is the strongest. And, yes, we are able to absorb it themselves and not talist economy—by treating their being challenged right now, but this is come hat in hand to the taxpayer. Sec- workers right and by paying our fair when we are at our best. And that’s the ond, they could have lent it out. If share? That’s the question. exciting part. This is a moment for us you’re getting 0 percent interest The Populist Caucus is very strongly all to come together, put our arms money from the Fed, you’ve got a local united in the view that hard work around each other and say, what’s small business or a young family try- should be rewarded, that entre- great about America? Our worth ethic, ing to buy their first home and you preneurs, job creators, people who our ingenuity, our technology, our in- lend it out at 5 or 6 percent, most peo- make money because they invest in novation, this is what makes it. But we ple would say that’s a pretty good re- their economy, because they invest in have to recognize that some of these turn. They didn’t do that. their workers, that is to be rewarded policies—certainly when this adminis- The third thing that they could do— and encouraged. In fact, we have to do tration started, a mere 13 months ago, and unfortunately they did do—is de- it if we’re going to have an economy we were losing 720 jobs per month. cide to put that money in their pocket that works and expands rather than an That’s incredible. Now we are in a with a bonus. That’s good for them, but economy that is based on flipping place where fortunately it’s moving in it certainly hasn’t been good for the trades, about speculation, and financial the right direction—I think it was American economy. engineering. 20,000 or 30,000 jobs per month. Now, So our legislation, the Wall Street So this Wall Street Bonus Act would that’s not good, we want to gain, we Bonus Act, is very simple. It says that put some money into lending and help want to be at 100,000-plus; but, boy, all those bonuses on Wall Street that our small entrepreneurs. And I am very that is certainly moving in the right went to banks that received taxpayer grateful that we have the strong sup- direction, and that is what I am glad to assistance through the TARP program, port of so many Members of Congress see. those bonuses above $50,000 would be for this. b 2115 taxed at 50 percent. And every single I yield back. dollar that was collected would then be Mr. BRALEY of Iowa. Well, I thank Now, I come from a State, Florida, made available to the Small Business you for those very insightful com- which had 15 years of incredible pros- Administration to work with our local ments. perity, a lot of growth. For the people banks that have been making loans to I think everything that we talked in my community, their property val- lend to our job-creating small busi- about earlier on why we formed the ues went up, and their businesses were nesses around the country. So we Populist Caucus, to promote and ex- expanding. All good. The American would be taking a dividend for and on pand the middle class by emphasizing Dream was happening over and over behalf of the taxpayers who basically economic principles, that will create and over again. Yet, when the banks put that money up in the first place, policies that help that to happen. We stopped lending, as we’ve been talking and we would be specifically making know that small businesses make up a about, well, guess what? The merry-go- that money available for lending with huge part of the middle class. We also round stopped, and a lot of people are a partnership of the SBA and our small know that they are a huge driving en- hurting right now. They are hurting banks. gine for creating new jobs in our econ- psychologically; they are hurting emo- Now, this is important for a couple of omy. tionally; they are hurting physically. reasons: number one, the money that That is why I am happy to recognize The worst thing, as I know the gen- was made on Wall Street, that $150 bil- my good friend from Florida, RON tlelady from Ohio talks about, is not to lion bonus pool, yes, it was smart peo- KLEIN, who has been a strong advocate have that job, not to have that ability ple buying and selling and trading de- for small businesses during his time in as a provider, a man or woman of a rivatives, but the question for us is, Congress and is going to be sharing household, to bring that paycheck when we put taxpayer dollars to work, with us some of the things that we can home, to get up in the morning and is it good for the American taxpayer? work on together to try to create the know you’re going to do something Is it good for the Main Street econ- types of incentives that will help small productive and to make that example omy? And, obviously, if it just goes businesses take the risk with sound for your children. We want to make into the pockets of the Wall Street economic principles and lead us on a sure that people have that opportunity, traders, it does a lot of good for them, path of job recovery. and that’s what we are working toward but no good for our broad economy; With that, I would yield to my friend. right now. and our fundamental responsibility is Mr. KLEIN of Florida. Well, I thank Well, as to this ‘‘spur job creation’’ to help people get back to work. the gentleman from Iowa. And as al- part of the Blueprint for Recovery, The second is that the bonus culture ways, it’s great to be here with our there are two points I want to bring up: really is very destructive because what friends from the Midwest and from the One is the ‘‘buy American’’ concept. it encourages is placing a big bet, bet South. We represent the whole coun- It’s real simple. Every opportunity, red, bet black, if you win, you make a try, and it’s such a great thing to be when it comes to sourcing goods, serv- lot of money, if you lose, as we’ve seen, here, as we all got elected a couple of ices, and things like that, needs to be the banks can come to the taxpayer years ago and we have learned and lis- done in the United States. If there is and get bailed out. And people are furi- tened very closely to what people are anything that we can certainly pro- ous about that, rightly so. So it is time saying back home. mote, it’s our providing those goods for us to make a basic statement here I know the gentleman from Wis- and services—our local businesses. that will reward investment, will re- consin talked about jobs and sort of Your neighbor down the street, one you ward hard work, but we’re not going to where we’ve come from, and I know the go to a church, to a synagogue, or to a have the taxpayers be on the hook for gentlelady from Ohio did the same supermarket with or one you coach people who want to gamble. thing. The ‘‘where we’ve come from’’ Little League with is someone who The final thing really is this: we face part didn’t just start in the last 13, 14 works in the community. We want to a question about what business model months; unfortunately, it has been give that businessperson and his or her we want America to follow. Do we want going on for a long time. A lot of that employees or the people he works with a business model where you make was decisions made in some cases by an opportunity to be that source for money by financial engineering, by government, sort of incentivizing big government contracts and everything having the quickest computer trading decisions to send business overseas, en- else—not to go overseas. We all under- program, by a lucky bet on a specula- courage that through tax policy, and stand the issue of free trade and all tion? Or do we want a business model some of it has just been people making that, but free trade is fair trade, and

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.079 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1014 CONGRESSIONAL RECORD — HOUSE March 2, 2010 we want to make sure that, in this Iowa (Mr. BRALEY) just talked about, is achieving the types of results you’ve country, we are doing everything we something which, I think, we all under- just talked about. can to promote our businesses first. stand—the lifeblood of our economy. I hope you can enlighten us further It’s real simple. I think most Ameri- That is access to capital, to bank on this. cans get it. I think we’ve gotten a lit- loans—to small business loans. Mr. KLEIN of Florida. I’ll just con- tle off track over this thing, but that’s One thing I can say about this Con- clude. There is so much more that ev- a principle we need to pass and support gress is that I am really proud of the eryone wants to say here, and there is and hold to. efforts that have been brought about so much to add. That’s what’s getting Second— through this Congress to make SBA, exciting about this work we’re doing Mr. BRALEY of Iowa. Will the gen- Small Business Administration, loans here. tleman yield on that? much easier to get. At this point, they Small businesses are the lifeblood of Mr. KLEIN of Florida. Absolutely. are 90 percent guaranteed by the gov- our economy. I mean many parts of our Mr. BRALEY of Iowa. I think there is ernment. If you are a qualified veteran, country do not have a lot of Fortune a big misperception that our trading 95 percent is guaranteed. These are 500 companies. Those are great compa- partners and our competitors in the good quality loans, but these aren’t nies, and they add a lot of value to our global economy don’t have any ‘‘buy loans that are made by the govern- country, but small businesses are going Chinese’’ trade policies or ‘‘buy Japan’’ ment. They are made by banks, and to be the businesses that get us out of trade policies; is that true? they are guaranteed by the govern- this downturn, and we are beginning to Mr. KLEIN of Florida. Absolutely. see some good things. Bank lending is We all understand the real game ment. better than it was, but we need to en- here, and it’s not just about what they We need to get our banks to start fo- courage and find ways to make sure call ‘‘tariffs.’’ You may have heard of a cusing on making these loans and that the banks are lending so our small ‘‘tariff.’’ That’s a tax. If you bring other commercial loans. We are not something into a country, there is a asking banks to make ridiculous loans businesses can buy up some inventory, tax to make it less competitive. Well, like some of those that took place be- can buy up that capital equipment there are a lot of other ways to stop fore which were not properly they need—a little deferred mainte- our wonderful American goods from collateralized. Yet, for good, credit- nance—and hire more people. That’s going to other countries. They have worthy people, there are loads of small the bottom line. I just want to thank the gentleman lots of obstacles. It goes on in the auto businesses that have long histories in for having this ‘‘spur job creation’’ be- industry all the time with emissions our local communities. They know the cause, I think, this is a huge part of and lots of things that just make it loan officers at the banks, and they can how we are going to get our country practically impossible for us to sell. work together and make loans happen. Now, we can’t force someone in One of the ideas being suggested is to back on track. Korea to buy one of our cars, but we take some of the payback money from Mr. BRALEY of Iowa. Well, I think should give him that choice. If we have some of the big banks that paid some one of the things we know is that, in the best products, consumers will buy of this money back and start bringing order to spur job creation, you have our products, just like some products it down to the local level—to Main got to be able to have revenues that come into this country, and consumers Street, to small banks, to community will help people create jobs through in- make a choice. Right now, there are a banks. We’re not just talking about centives that will help them take that lot of things going on to stop our prod- giving them the money like it hap- risk. One of the important things that the ucts from going to other countries. pened before. Instead, it’s an incentive Mr. KAGEN. Will the gentleman to make the loans. If they make the Populist Caucus’ Blueprint for Recov- yield for a question? loans, then they get discounts on the ery does is it talks not only about how Mr. KLEIN of Florida. Sure. interest rates. This is what we have to you change behavior through the poli- Mr. KAGEN. In Wisconsin, we have do. cies you implement but also how you got a number of companies which have Mr. BRALEY of Iowa. Will the gen- transfer some of the burden from Main run into problems with regard to ‘‘buy tleman yield for another question? Street, which has been suffering so American.’’ We have buy American Mr. KLEIN of Florida. Absolutely. much in this recession, to the very clauses in our government contracts Mr. BRALEY of Iowa. One of the speculators whose wild gambling, today. Yet Miller Electric Company, things that is frustrating to many which is what most economists call which makes the finest welding appa- Americans is they just don’t under- what they were doing, drove us over ratus in the world, put in a bid for a stand how their government can actu- the cliff. shipbuilding company, a government ally help stimulate economic develop- That is why one of the key elements contract for the Navy. This foreign- ment. of this ‘‘ending speculation’’ piece is owned shipbuilding corporation down One of the best examples of this is, one of the bills introduced by another in the South decided, instead of buying when I first came to Congress, I served vice Chair of the Populist Caucus, Con- American, they would use a loophole, on the Small Business Committee. I gressman PETER DEFAZIO, who intro- and they bought something from a was fortunate enough to chair the Con- duced his Let Wall Street Pay for the competitor from Germany. tracting and Technology Sub- Restoration of Main Street Act. This is Can you explain how this bill, this committee, and this is when the pre- a very simple concept that existed in Buy American Improvement Act, vious administration was in control of this country for almost 60 years, and it would close the loopholes in these con- the executive branch. As I talked to worked very successfully, including tracts? people on the committee, it shocked during the Great Depression. Mr. KLEIN of Florida. That’s exactly me to learn that the former adminis- What it says is that, if you are trad- what it will do. I thank the gentleman trator of the Small Business Adminis- ing in excessive transactions on Wall for that example. tration saw it as his job to bring about Street, we are going to ask you to pay I have an example in my community, the end of the Small Business Adminis- a small transaction fee on those high- a company called Cross Match. It’s a tration. Many of the policies were de- volume trades so that we will have an technology company. They make fin- signed to contract the agency whose incentive to keep you from engaging in gerprint equipment and things like sole purpose was to try to stimulate excessive speculation that puts all of that. They were bidding for a census small business growth and develop- us at risk. His transaction fee is esti- contract, and a company that was ment. mated to create somewhere between sourcing it through a Korean company So, when we are talking about how $100 billion and $150 billion in new reve- came in with all sorts of—not machina- we create capital and provide economic nues that can be used for two basic tions—I would say, loopholes. This bill incentives for small businesses, we purposes: closes the loopholes, and I think that’s have come a long way in 3 years to get One is job creation, which is what we exactly what we are all interested in. to the point where this agency is try- all agree is going to create a huge em- The second thing I want to touch on, ing to fulfill its basic purpose, and I phasis for an economic recovery, be- if I can, which the gentleman from think that is going to be critical for cause when people go back to work,

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.081 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1015 they not only pay Federal taxes and re- gency that the previous Congress did gresswoman ROSA DELAURO and co- duce our burden at the Federal Treas- when Wall Street was in trouble. Well, sponsored by one of the vice chairs of ury; they pay State and local taxes, Main Street is in crisis, and we need to the Populist Caucus, our friend from too, to help relieve the burden on our understand that we can rebuild this Minnesota, KEITH ELLISON, the Na- States and cities. This is how you cre- country. We may not see housing start tional Infrastructure Development ate economic incentives to change cor- to pick up this summer in the way that Bank Act. porate behavior from excessive specu- some would like, but we can rebuild What it does is it creates an oppor- lation, and this is also how you provide our infrastructure, and we can reinvest tunity to take advantage of existing new revenues to stimulate economic in the existing building stock, whether infrastructure needs by identifying development and help to reduce the that’s municipal, commercial, or resi- about 47,500 jobs and $6.2 billion of po- deficit. dential, through major retrofit pro- tential economic activity that are cur- I am going to ask one of our newest grams. rently ready, willing, and able to be members and youngest members of the It puts people to work in rebuilding acted upon, but because we have not Populist Caucus, our good friend from America’s competitive advantage, be- had the opportunity to marry private Virginia, TOM PERRIELLO, to talk about cause what you understand, Mr. development with public infrastructure the importance of having a bill like BRALEY, from your experience in Iowa projects, we are missing an oppor- this to guide us in a new direction for and around this country is that we tunity to stimulate job growth through economic recovery and what that have to reinvent America’s competi- this National Infrastructure Bank. means to the people in his district of tive advantage. We will outcompete So I would ask my colleagues who Virginia. the world, but we cannot do it solely support investments in infrastructure With that, I’ll yield to my good through supporting the financial sec- improvements that cross the spectrum friend. tor. We have to start building things, from expanding access to energy cre- Mr. PERRIELLO. Well, thank you making things, and growing things ated by wind in the Midwest, by build- very much for that news and for the again. We can still do that better than ing out our ability to transfer that en- news from our friends in the house of anyone in the world, but we need a ergy and electricity throughout the lords—I mean the Senate—that has trade policy, and we need a workforce country, by building out our world just come this way. It’s very, very ex- development strategy. We need an eco- broadband, by investing in roads, citing because we, as a caucus, have nomic development strategy that un- bridges, and public improvements, how been fighting so hard to shift the focus derstands that those are things we can this type of an investment develop- ment bank would make a difference in from speculation on Wall Street to job still do. There are sectors, like the en- their districts. creation on Main Street. We under- ergy sector, in which we can I am going to yield to my friend from stand that two out of every three new outcompete the world, but everyone jobs in this country are coming from Ohio. else is not playing for second place. Ms. SUTTON. I thank the gentleman small business. Now, they may not They are looking to do the same thing for yielding. make the headlines. It may mean you we are trying to do, but we can do it Infrastructure creates such ripple ef- have lots and lots of small businesses, better. fects in our economy and spurs eco- but that’s the engine of our growth. This is our time. This recession right nomic development and opportunity One thing we still do better than any here, that we are starting to crawl out for the people that we represent. Every other country in the world is innovate. of, is an opportunity for us to reinvest, time I go home, people beg, Please, We are better entrepreneurs. We are to rebuild that competitive advantage please, invest in our Nation’s infra- really good at this. It’s within our and to reemploy America in the work structure. We know that the need is small businesses that we see this inno- that so many in this room have worked tremendous. vation taking place, and we need to so hard to do. There are families out One of the bills, in addition to the make sure that we are giving the kind there right now who are proud, hard- National Infrastructure Bank bill, of support that small businesses need, working people who are looking for which I think we should talk about whether that’s through direct lending, jobs. We can work together across the more, but you mentioned Representa- whether that’s through the suspension aisle to make this happen, but we must tive DEFAZIO’s bill, the bill entitled of capital gains tax for small business have that commitment to basic com- Let Wall Street Pay for the Restora- to bring nontraditional lenders in, or monsense things, like making sure we tion of Main Street Act. I think this is whether that’s providing the infra- don’t miss this summer’s building sea- also a bill that deals with infrastruc- structure and the workforce develop- son. We have that time, and we must ture, because when we get the money ment that allows those small busi- have a deep sense of urgency because I from those transaction fees of those nesses to flourish. We also need to un- know people out on Main Street do. risky trades that are something that derstand that the phrase ‘‘buy Amer- Mr. BRALEY of Iowa. I appreciate we would really like to have cut back ican’’ should not be seen as bad lan- the gentleman’s comments about in- on, we are going to use it to invest in guage. vesting in infrastructure because most infrastructure and all the good that I think it’s timely that we look at of what I learned about the need for in- goes with it. this extension because, while there are frastructure improvements came when But we also have in that bill, and I many policies out there which may I was working for the Poweshiek Coun- think it is important to tell people, seem fancy, sometimes we have to get ty Secondary Roads Department to that part of the revenue that would back to the basics. We are within help pay my way through college. come in in addition to that huge weeks of the new building season’s be- One of the things that I learned was amount going to invest in Main Street, ginning, the spring building season that, as you try to create opportunities you know, Main Street, after all, is leading into the summer building sea- for transportation improvements that who bailed out Wall Street, and we son. There are thousands of small busi- are going to move goods, services, and didn’t do it because we were fans of nesses around this country that have people, you see a lot of trickle-down their behavior. We did it so they would held on and have taken losses for 2 that happens from the Federal Govern- start lending. As we discussed, they years, whether it has been the con- ment, to the State government, to the didn’t start lending, so we need to con- struction firms, the engineering firms, county government, to the city govern- tinue to push until things are right. the supply stores that have supplied ment as right-of-ways are transferred But also in that bill, there is a part of those guys, or whether it has been the after they are abandoned for bigger and the revenues raised that are going to diners where folks have gone to eat. If better infrastructure improvements go to deficit reduction. So we often we are not building anything in this like four-lane highways. hear this argument that it is all about country, we will not continue this path the deficit. of recovery that we have worked so b 2130 Well, it is about jobs and the deficit. hard to lay out. One of the cornerstones of our blue- In order to get rid of the deficit, people This is a chance, and we need to act print for recovery that deals with job do have to have jobs. Frankly, obvi- here in Washington with the same ur- creation is a bill introduced by Con- ously people need to have jobs, because

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.082 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1016 CONGRESSIONAL RECORD — HOUSE March 2, 2010 this is the United States of America, much on an infrastructure system as good activity. And, most especially, we and that is the American dream, hav- the people here in our Nation’s Capital. want to use existing structures like ing a job and raising your family and I yield for your comments. our community banks, our credit aspiring to a quality of life that is sec- Mr. KAGEN. I thank you. I will just unions, and regional banks to find the ond to none across this country. So, in summarize what everyone here on the finances and credit necessary for small that bill, in addition to putting money House floor understands. We are about businesses once again to have access to into infrastructure, we also take a $2.1 trillion to $2.2 trillion behind in the credit they need to generate the piece of that money and let Wall Street our investment in our infrastructure, economic activity and generate the help to pay down some of the deficits our roads, our bridges, our schools, our jobs. that were created by helping Wall wastewater treatment plants. What Don’t think for a minute that the Street get out of the mess that they good would it be if we generate several Federal or State government can em- were in. million jobs, even 10 million jobs, when ploy you and work our way through So, back to the other bill that you we manufacture things and then we this recession with government-spon- mentioned, which is critically impor- don’t have the railroads or have the sored jobs. We can’t do that. So it is tant, and you asked how important it highways and the water infrastructure the role of government to set up a sys- was back in Ohio, in my district. It to transmit our goods to the world’s tem wherein you are rewarded for your just can’t be overstated. Just yester- marketplace? So we are indeed several work rather than your wealth. By fo- day, I received a whole list of infra- trillion dollars behind in our infra- cusing on our transportation and infra- structure projects that are ready to go structure development. structure needs, we can begin to gen- that need funding. I will just point out one of the facts erate millions and millions of jobs to The thing about infrastructure is about the American Recovery and Re- do just that. We want people to stay in that we all know that it can’t be ig- investment Act that few people realize. their own homes once again, rather nored indefinitely, right? But often- Apart from the fact that it was the than have this foreclosure crisis come times we come to a place where we largest tax cut in American history, back and bite us. Mr. BRALEY of Iowa. I appreciate don’t address it until a crisis occurs. little known is the fact that the trans- those observations. I want to engage a portation and infrastructure invest- And that doesn’t make any sense ei- couple of my colleagues in a conversa- ment, which was only 4 percent of that ther. So if we can put people to work tion about behavior modification on doing that work that we know has to amount of money we invested in Amer- Wall Street. I am going to start with be done and spur greater economic de- ica, generated 25 percent of the jobs. my friend from Vermont, because he Nearly 900,000 people are working be- velopment and recovery, why wouldn’t served on the Oversight and Govern- cause of that American Recovery and we do that? ment Reform Committee in the last Reinvestment Act of 2009. It put people This National Infrastructure Bank Congress when we had the hearing with legislation is a critical component of back to work in our infrastructure. the CEOs of AIG, trying to explain why taking the idea, the concept that we all And that multiplier is significant. For they stood by and watched as their know makes sense, and really maybe every person working in transpor- London financial services division that is what the Populist Caucus rep- tation, that money turns over many drove this economy off a cliff by engag- resents more than anything; it is about times over. ing in excess and speculative trading in the common sense. People know what So let me just see if I get this high-risk credit default swaps and com- we need to do for our country, to straight, if I understand where we are plex derivatives. strengthen the middle class and put going with our ideas about rewarding Now, one of the things we learned people to work rebuilding our infra- people or encouraging people with the during that hearing from the economic structure. Other countries are building taxation code. experts who study those high-risk in- their infrastructure. They are invest- If you are sitting in a boardroom on vestments was that long before any of ing massively in their infrastructure, Wall Street and you are rewarding us came to Congress, Congress was con- because they know the value that it yourself for your failure with the tax- fronted with the issue of how we pro- creates beyond the jobs that are put payers’ money, according to the Popu- vide some type of oversight of this forth just in doing the construction. list Caucus, we would like to put a sig- highly complex and evolving market- With that, I yield back to the gen- nificant tax on that bonus and use that place, which at that time in the late tleman. revenue and put it back into the Amer- 1990s was a small fraction of the $100 Mr. BRALEY of Iowa. I think that is ican economy to generate small busi- trillion marketplace it has become. a great opportunity to talk about the ness activity through the SBA, put it But what was most shocking to me as importance, because when I served on back into people’s hands. they testified was when they said Con- the Transportation and Infrastructure We do believe that people are more gress was trying to decide what are Committee in the 110th Congress, our important than profits. We should in these products. In a way, they are like chairman, the legendary JIM OBER- fact reward work rather than wealth. If an insurance product, because they are STAR, always reminded us that our I understand the transfer tax on Wall an agreement to pay upon a contingent global competitors are investing mas- Street speculators, it is one-quarter of future event. But they are really not sive amounts in infrastructure develop- one penny of each dollar being traded insurance, because otherwise we could ment. on nanosecond trades. This is not going regulate them through the State insur- The European Union had a 5-year, $1 to be a fee or a transfer tax placed on ance commissioners. Then they said, trillion infrastructure development those who are speculating for the long- Well, these are kind of like stock trad- plan. You look at China, which has just term investment. It is going to exclude ing, so we can have this regulated by passed the United States as the leading any tax-favored retirement accounts, the Securities and Exchange Commis- consumer of automobiles, and you look any HSA, Health Savings Account, any sion. But it is really not a stock trans- at the ribbons of concrete that have Education Savings Account, and would action. been poured in that country to respond exclude the first $100,000 of your in- So, what is it? Well, about 10 percent to growing consumer and commercial come generated from your investment of these products, those experts testi- demand for transportation. in America’s future on our American fied, if you remember, Mr. WELCH, were If we are competing with these people exchanges. real insurance products. And these in a global market, Dr. KAGEN, we have Some people have pushed back economists testified the other 90 per- to make similar types of commitments against that Wall Street transfer fee by cent were pure gambling, people trying so that our infrastructure system can saying then people will trade overseas. to make money by turning over trans- make us competitive. I know from vis- In London, which is the most active actions, betting on the come that at iting your district in northeast Wis- trading floor in the world, they do have some point when those commitments consin, it is a very spread out and re- a transfer fee twice what we are sug- came due, they would be able to gen- mote area in some parts of your dis- gesting. erate a profit without adding anything trict, yet the constituents that you So, again, the idea is we want to use of value, other than risk and a possible represent in those areas depend just as the Tax Code to reward people for their payment in the future.

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.084 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1017 So, why is it necessary, when we are they went to their sales department with people that are having these real talking about ending excessive specula- and had them contact trusted inves- big problems, they can’t make their tion, to get to the very core, not only tors, pension funds, and said, We’ve got mortgage payments. It’s not like of how you do that with a tax policy some AAA products here. You ought to they’re totally out of it. They may and with a transfer fee, but also how buy them. It’s going to be a good re- have had a job that was earning $50,000 you deal with the financial oversight of turn for your pensioners. And they sold a year, and they lost it, and now the marketplace to make sure this them. Then they went to their trading they’re earning $35,000. Or, maybe a never happens again? room and they said, You know what? two-income household that they want Mr. WELCH. Well, I appreciate that. These are junk. How do we know? We to stay there. And we, as Americans, You know, really what it is about is sold them. And they bet short against want them to stay there, if they can. whether banking is going to be an ac- the instruments they’d just sold long. We don’t want abandoned houses. It tivity that is about lending money to That would not happen at People’s just puts more pressure on the local businesses, small businesses, families, Trust in St. Albans, Vermont. They streets and the local community. to buy their first home, or it is going couldn’t even imagine doing that, sell- At this event over the weekend—it to be a mechanism for financial specu- ing something that wasn’t worth in- was running for 5 days, 24 hours a day— lation. And it is really two totally dif- vesting in. They couldn’t do it. And I and all the major lenders were there, ferent models. know that every single one of us, Re- except for one. It was really inter- I want to just take up on what you publican and Democrat, have local esting; 5,500 people were in this build- were saying. We need a banking sys- bankers who’ve met that standard, ing at one time. I’d never seen any- tem. We need a strong banking system. where the goal is to serve the commu- thing like this. And they had the lend- We need local bankers who are actually nity. And they know that their respon- ers sitting across the table, here to engaged in their community, who can sibility with this trust that they have here, and they were actually ironing make judgments about who is good for of depositor money is to put it to good out one after another. One guy had an a loan. I want to give you an example work to build the economy. 11 percent mortgage. It was reduced to of the local bank and the Wall Street Wall Street has a different point of 51⁄2 percent. His payment went from operation. view. Not that they’re not necessary; $2,100 to $1,300. And I asked him, Can In St. Albans, Vermont, we have a they obviously are. But when they are you make do? He said, Yes. I’m keeping small bank, People’s Bank. The presi- helpful, they see that the work that my house. I’m sleeping tonight. My dent of that bank, Rick Manahan, his they do should be in service of the children know they have a place, a roof desk is in the entry of the bank. If you work that Main Street does. You know, over their head tonight. walk in, you see all the teller windows. that’s why with the reforms that we Well, this has been frustrating, but There is a big vestibule area, the public must implement, whether it’s a bonus help is on the way. Help is on the way. area. His desk is there. People do not tax, whether it’s a Consumer Product And I think that the model has now have a hard time asking Rick what is Safety Commission, whether it’s tight- been created. It’s working in different going on. He knows the folks in his ening up on the lending regulations parts of the country. But I’m really community. and derivative trading, all of that, the gratified to see that some people in His bank and his board of directors bottom line is really very simple: Is south Florida were given that oppor- see a good day’s work when, at the end the banking system going to be there tunity. There’s a lot more to work of the day, they have been able to au- to serve us, or are we going to be there through in all of our communities, but thorize a loan to a local business—it to serve the financial engineering of I’m starting to see some success, and might be a retailer, it might be a con- the banking system? That’s the ques- that’s part of how our recovery is going struction company—knowing that that tion that this Congress faces and to happen, by putting the necessary business is going to use that money to America wants an answer to. I yield pressure for people to get together and help create a local job. Or it is a young back. make this work. family getting started. They have to Mr. BRALEY of Iowa. I thank the Mr. BRALEY of Iowa. And that’s why make a tough underwriting decision. gentleman for your comments. We are the Blueprint for Recovery we’ve been But they know that family, and they just about out of time so I’m going to talking about that the Populist Caucus know they are going to do their level ask my friend from Florida for some has put forward—real solutions, con- best to be good for it. At the end of the closing comments, especially on this crete solutions, that are going to help day, a house has been sold, a family critical issue that affects the middle us get out of this mess, by ending ex- has got a new place to live, and they go class homeowners, and that’s the mort- cessive speculation on Wall Street, home and sleep pretty good at night, gage foreclosure crisis. making sure that we have a fair com- knowing that they have made a real Mr. KLEIN of Florida. I want to pensation system for the people who contribution in the community. thank the gentleman. Just sort of as an have gotten us into this mess, and The other model, just to give you an add-on to what we’re talking about, we spurring job creation with things like example, one of our most esteemed all know that homeownership in the the Wall Street Bonus Tax Act, the Na- Wall Street banks, is Goldman Sachs. United States is crucial. It’s crucial for tional Infrastructure Development Act, people knowing where to plant their in- the Make Wall Street Pay for the Res- b 2145 vestment. They’re working hard over toration of Main Street Act, and the They have the best and brightest of the years to make sure they have a Buy American Improvement Act. folks doing the work there. But here’s place to live, and hopefully it will in- These four commonsense bills will one of the things that they did—and it crease in appreciation. But that same make an enormous impact on the qual- was very successful for them making description that Mr. WELCH just gave ity of life for middle class families. money. They bought a mortgage origi- us about banking practices, in some They also represent true populist poli- nation company in the South. They cases resulted in, unfortunately, a cies that are about building America hired 26, 30-year-old young people to go whole lot of people getting in way over up, not tearing it down. It’s about giv- out, knock on doors, and sell mort- their heads, a whole lot of lending that ing voice to the legitimate concerns of gages. Generally, subprime mortgages shouldn’t have never been lent in the the American people who made this that people couldn’t afford and didn’t first place, and the foreclosure situa- country great. need. They then brought those mort- tion is really bad in many places. With that, I thank my colleagues, gages back to New York, and they bun- I witnessed something over the week- and I yield back the balance of our dled them into products that they then end in West Palm Beach. In the West time. sold. Palm Beach Convention Center a group f But before they sold them, they got came into town and said, We are going the best and brightest MBAs to knock to bring together the lenders who, in MESSAGE FROM THE SENATE on the doors of the rating agencies and many cases, have not been answering A message from the Senate by Ms. persuade the rating agencies that these the phone, the line is busy or people Curtis, one of its clerks, announced toxic instruments were AAA. Then haven’t been getting answers, along that the Senate has passed without

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.086 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1018 CONGRESSIONAL RECORD — HOUSE March 2, 2010 amendment a bill of the House of the change the rhythm and shorten the the jobs that were either created or following title: time that you have, you have to adjust lost, not by the President of the United H.R. 4691. An act to provide a temporary your message to compress it down into States, President Obama, or President extension of certain programs, and for other the time that you have left. Bush, but the jobs that were created or purposes. I believe that the clock that was set lost during their administration, which f for the Members of Congress to speak is a far more accurate way to discuss was set at 31⁄2 minutes. I don’t know it. That span was over about a 2-year FISCAL RESPONSIBILITY that. I believe that. I was thinking of period of time. The SPEAKER pro tempore (Mr. the moment that the Republican leader It would have been hard to see the HEINRICH). Under the Speaker’s an- in the Senate, Senator MCCONNELL, in- poster and understand it. I had to walk nounced policy of January 6, 2009, the troduced Senator COBURN for his 31⁄2 up very closely and analyze it, but it gentleman from Iowa (Mr. KING) is rec- minutes to speak. I do remember the flowed back through 2009 and through ognized for 60 minutes. log on the time. It’s pretty close to 2008, into December of 2007. The curious Mr. KING of Iowa. Thank you, Mr. this. Senator COBURN spoke for a thing about that chart, which showed Speaker. It’s a privilege and an honor minute and fourteen seconds. He was an upside down parabolic curve of the to be recognized by you to address you interrupted by the President of the bar graphs of jobs lost on under those on the floor of the House of Represent- United States for something like 4 two administrations, appeared to be atives. Having watched the collection minutes and 20 seconds. And then he about equal—the last year of the Bush of colleagues from the other side of the came back and he spoke again for a lit- administration, the first year of the aisle over the last 60 minutes, a lot of tle bit more than a minute and he was Obama administration. subjects were brought up and I think re-interrupted again by the President The curious part was that on the delivered in a professional fashion by of the United States. That happened chart there was only one month where my colleagues, and I hope they know about one more time in that iteration. there were actually jobs that in- I’m always open to dialogue if they The time then that was left for Senator creased. That was during the Bush ad- have some things that they would like COBURN had expired. And it was the ministration. And we all know that if to exchange with me. I’m here. And I thought and the concept that was driv- you would take that month and then have often asked my colleagues to en by Senator COBURN was completely you would go back into 2008 and on into yield, and if they should ask me to split and delayed because the President 2007, 2006, 2005, 2004, 2003, 2002, all the yield, I’m happy to do so. I think it’s interrupted and burned up the time. Bush years, one would see that there important to have an exchange, a dia- And even though they may have reset was some up months and some down logue. the stopwatch on Senator COBURN’s months. And an administration needs First, we learned last Thursday that time, it isn’t the same as having 3 un- to be looked at on balance. But here is Republicans have a lot of good ideas. interrupted minutes. what happened. These are the real We also learned that many of those The President claimed more than viewpoints on what happened with our good ideas are suppressed by the iron- that on many occasions throughout the economy. It seems to be ignored. fisted gavel of the Speaker of the entire day, to where it came down to Now the gentleman that stood at this House of Representatives. this: the President spoke as much as particular podium had on his chart Also, as I looked at the event as it either Republicans or Democrats, alto- that under the Bush administration we unfolded, Mr. Speaker, that 61⁄2 hours gether, and he interrupted Members of had two wars, two tax cuts, one drug of discussion that took place last Feb- the House and Senate, Republicans and entitlement, and an asterisk for the ruary 25, last Thursday, at Blair House, Democrats, without reservation. Ap- Wall Street bailout. Well, okay. First, on health care, a number of things parently, he believes he’s the President I will bring us up to these two wars, came to me, but looking at the data of the United States and he can do Mr. Speaker, and I can do it fairly was quite interesting. Just to boil it that. That may be true on certain oc- briefly, and that is this: when Presi- down to raw numbers and regular com- casions and to a limit. But there is a dent Bush was elected in the year 2000, parison, it was this: that for every 2 limit, Mr. Speaker. And the limit was after we went through all of the re- minutes that a Republican spoke, the this: the President of the United States counts in Florida and the Supreme President spoke for an additional 2 interrupted those who were there to be Court decision and the allegations that minutes and another Democrat spoke heard 70 times, 70 in 61⁄2 hours; a little the President was an appointed Presi- for another 2 minutes. So it was really more than 10 times an hour. And of all dent, not an elected President, which two-to-one in the time that was used. those interruptions, he interrupted no recount or analysis would support, As the President said, well, it’s okay if Democrats 20 times, Republicans 50 all of the reviews of the elections in he talks a long time, even though the times. Fifty interruptions. And the Florida and everywhere else in the year time was very limited to the others kind of way that it breaks up the 2000 support that George Bush won that that were talking because, after all, he rhythm and the flow of the message election. It’s too bad it was so close. It is the President. So the time doesn’t that’s being delivered and the fashion was too bad we had to have such a charge against him. It’s an interesting that I’ve talked about with Senator fight. It’s too bad it had to go to the concept that I think that heretofore COBURN whom, I have not had this dis- Supreme Court. But in the end no one has not been uttered by the President cussion with, by the way. For all I has made a legitimate case that there of the United States and in any pre- know, he has no objection to the proc- was anything other than a legitimate vious administration. ess that was there. But for me, I do, election, and every State, including Another thing that struck me that Mr. Speaker. Florida, in a count that was 527 or 537— appears to have not been mentioned by So it was not possible for a con- I think 537—was the difference in Flor- the pundits or the people that observed sistent, continual flow of cogent ida. Very, very close. And it wasn’t so this were the number of times that the thought to flow through with the close, of course, in 2004. President interrupted those who were President interrupted on 70 different But in the year 2000, when George speaking. Now, I can identify with occasions over the course of 61⁄2 hours. Bush was elected President, already we what this is like. I have a number of It’s hard to get to the bottom of some- had seen the bursting of the dot.com times in my legislative life run into thing; it’s hard to make your point bubble. Now this was this false sector the situation where there’s a limited when you’re continually interrupted. of the economy that was created be- amount of time to speak and maybe But I listened to this last hour, and I cause the investors in America and the clock has 1 minute on it, 2 minutes, think the gentlemen had an oppor- around the world saw that we had de- or 5 minutes, or, as it does right now tunity to make their case. And there veloped the microchip. And with the tonight, it’s got 60 minutes on it. So were plenty of them. I don’t know that microchip we had developed the ability you watch the clock and you try to anything was particularly stunning, to store and transfer information more pack as much information into that pe- except I looked at the gentleman from effectively, more efficiently, and more riod of time as you can. When some- Wisconsin’s poster that was on this quickly than ever before and more thing happens to break that up and easel just a few minutes ago. It showed cheaply than ever before.

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.032 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1019 So the investors began to bet on the look at the numbers, it technically under two wars, and that we had had dot.com companies. As they invested in probably was not a recession. But to two sets of tax cuts and a drug entitle- the dot.com companies, there were fill the hole, the effort was made to ment and a Wall Street bailout. All of companies out there that had capital create a housing bubble to fill the void that blamed on George Bush. that they could utilize. And they in- that was created by the collapse of the Well, I would like to think they could vested it into the new industry that dot-com bubble. That’s what was tak- get over this and quit revising history, was growing. It was the information ing place when George Bush was being as a matter of fact. Yes, we have two age. The information revolution. As inaugurated as President of the United wars. Which one would they have that grew, it outgrew its ability of the States. He kept Alan Greenspan on, avoided? Would they have avoided technology we were developing, it out- and I don’t object to that, Mr. Speaker. them both? Would anybody say we grew its ability to produce a good or a I just make that as a point. should not have gone into Afghanistan? service that could improve our produc- So as these two things are happening, Would you have just walked away and tivity or efficiency. the bubble was deflating. The dot-com shrugged your shoulders and pointed bubble was deflating. The housing bub- your finger and said, This is a job for b 2200 ble was being created to fill the hole. the Attorney General? After all, it So when that happened, it created a While this was going on, along came must be a law enforcement operation. bubble. It was the investors’ bubble the September 11 attack on the United Surely there couldn’t be a war against created on the speculation that there States of America, the attack on what people that would annihilate the lives would be a value that was inherent in may have been this Capitol building or of 3,000 or more Americans on a single our ability to store or transfer infor- the White House. I think it would have day. The worst attack on American mation better than ever before. There’s been on the Capitol building. That’s homeland in the history of our coun- more to be said about that, Mr. Speak- the plane that crashed in Pennsyl- try, and I see it listed here on the post- er, but that was a description of the vania. The attack on the Pentagon, er as if it were something we should bubble. where we lost our brave service per- not have been engaged in. The bubble was bursting at the end of sonnel there, and the attack on the Mr. Speaker, it was nearly unani- the Clinton administration. That bub- Twin Towers in New York, which mous here in the House of Representa- ble was going to burst because the mar- causes us all to stop in reverent grief tives to grant the authority for the kets had to adjust to the irrational at the price that was paid by innocent President of the United States to en- exuberance of the investment in the Americans at the hands of the evil al gage in these operations. There was dot-com bubble. So as that bubble was Qaeda. only one exception, so that’s the only bursting and George Bush was becom- But, Mr. Speaker, that happened on person that would get to come here to ing President, we saw a decline in our President Bush’s watch. I don’t know the floor and say, I told the you so. economy. Alan Greenspan, Chairman of that one could point to any act of She’d be wrong. But there’s only one the Fed, saw the bursting of the dot- omission or commission that contrib- person that has the credentials to even com bubble and concluded that some- uted to that on the part of the adminis- make that statement in this entire thing needed to be done to shore that tration. It happened. They found a vul- Congress. It’s not the people that were up, to fill that hole that was created in nerability that had always existed, and down here tonight, Mr. Speaker. our economy because the bubble was al Qaeda exploited it. So we ended up Yes, two wars. The war in Afghani- collapsing and shrinking. And to fill at war. As the gentleman from Wiscon- stan was necessary and unavoidable. the hole, Alan Greenspan decided, with sin’s chart says, we were involved in The war in Iraq was a decision that was or without the support of President two wars. We went immediately into made off of the intelligence that we Bush, that we should create a housing Afghanistan. We drove al Qaeda out of had, and that is a separate debate. But market that would help shore this up. Afghanistan and teamed up with the we engaged in those operations, and So we ended up with unnaturally low Northern Alliance, and with a very once we did, I throw my lot with our interest rates. While that was going on, minimal number of troops in U.S. uni- troops and their mission, and I do not it played into the hands of the people form, liberated the country of Afghani- believe, Mr. Speaker, that you can sep- that were driving for lower under- stan and eradicated Afghanistan of al arate the two. And I think it’s hypo- writing standards, lower standards of Qaeda terrorists, these al Qaeda terror- critical to state that you are for the capital. And this was contributing to, ists who needed some kind of habitat if troops and opposed to the mission be- later on, the mortgage crisis that we they’re going to operate. It was a just cause you find yourself in a position saw unfold about a year and a half ago. thing to do. It was a decision that had where you’re arguing that you support That builds us up to September 11, to be made early. It went very well, the troops but you’re asking them to 2009, where I see on the gentleman from with a minimum number of American put their lives on the line for a mission Wisconsin’s chart where he said two casualties, and Afghanistan was freed that you do not agree with. And that, wars. Well, we had a dot-com bubble and liberated. Mr. Speaker, is a line of dichotomy and that was bursting. We had a Chairman Then, because of intelligence world- hypocrisy that I cannot abide. So, yes, of the Fed and others who had decided wide, I found no one who disagreed two wars. We know the reasons for to shore up the hole created by the with, because of a decision that was each of them. bursting of the dot-com bubble. Which, made, we went into Iraq. And not to And another little bullet point on by the way, that bubble was pierced by deliberate on that, Mr. Speaker, and this poster that was here from the gen- the lawsuit against Microsoft. The bub- not to, let’s say, kick that dead horse, tleman from Wisconsin is tax cuts, two ble was growing. It was big. It was frag- but once we put our troops into action tax cuts. Yes, we had them. We had an ile. It was going to burst, I believe, but and asked them to put their lives on economy that needed some help. I’m the bubble was pierced by the lawsuit the line for us, for our liberty and for not a great fan of the rebate that took against Microsoft that was brought our freedom and for the destiny of place in 2001. I think it gives the econ- about by a collection of State attor- America and the free world, it is our omy just a little sugar high, and then neys general who decided to file a class obligation to stand with them. And I it goes on the way it was. But I am a action lawsuit and took Microsoft to have stood with our troops—not just fan of the tax cuts that unfolded in 2003 task and took them to court, and it our troops but also their mission—con- that were signed into law by President cost millions and millions of dollars. tinually since the beginning of these Bush on May 28, 2003. Those were real That accelerated the collapse of the operations as I came to this Congress tax cuts. Those were real economic dot-com bubble. And as that acceler- and watched as the liberation of Iraq stimulation tax cuts. They were the ated and it went down, something unfolded before our eyes on television. tax cuts that caused people to free up needed to fill that void or we would So the poster that was here on this capital and reinvest it again and get have seen a serious economic decline easel that said, well, under George this economy rolling again. Any data and a real recession. Bush we lost all these jobs—well, the you look at supports that those tax Well, we saw an economic decline. chart only shows the last year of the cuts—those cuts in capital gains, those Some would argue—and honestly, if Bush administration—and we were cuts in dividends, those cuts that let

VerDate Nov 24 2008 03:41 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.090 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1020 CONGRESSIONAL RECORD — HOUSE March 2, 2010 people invest money and with some cause capital is smart. Capital is intel- So when the argument here is that confidence believe it was going to im- ligent. It will do the wise thing. When even though the people in this Cham- prove their return on investment—were capital investment realized that the ber and those who happen to be watch- smart, and they were prudent, and they costs of investment were going to get ing on C–SPAN have seen these bullets, were useful, and they worked. It is a higher and higher, then it backed away the bullet points, to make it clear, on far, far better thing to stimulate our from the marketplace and slowed down the chart of the gentleman from Wis- economy with tax cuts than it is to try dramatically in industrial investment. consin, who is a friend and who I actu- to stimulate our economy with debt, as That industrial investment that was ally have a good personal relationship this current administration is seeking lacking was the precursor to this econ- with, two wars—this side will argue to do. omy that we are in today. Now it is not that they were both necessary, and on the only factor. There are a whole se- this side they will argue only one was b 2210 ries of factors. People on this side of necessary. And the tax cuts; I have ar- So the Bush administration had two the aisle can make their arguments, gued that one was only a sugar high series of tax cuts: 2001, which was es- and people on this side of the aisle can and the other one was very effective sentially a rebate—they realized it make their arguments, too. and necessary. Apparently the people didn’t work; by 2003, they came back But I have laid out the scenario on this side of the aisle will argue that and asked for real stimulation tax where there is a bursting of the dot- neither one of them was effective and cuts. We provided those in 2003, and com bubble, accelerated by the lawsuit necessary and we should follow the they did work by any measure. against Microsoft organized by some of Keynesian approach. So when we look at the Bush admin- the State attorneys general that start- The drug entitlement language—as I istration, that little chart that shows ed our economy down a decline, and recall, there were a number of Demo- only the last year of the Bush adminis- the chairman of the Fed, Alan Green- crats who voted for that bill, and the tration is not indicative of the Bush span, made a decision I believe to try argument was, would you actually set administration. Look at it on the bal- to prop it up by creating a housing up a Medicare proposal that would not ance. I don’t have those numbers in my market to help bring this economy include prescription drugs today, as head. I just saw the chart. But that back up again with unnaturally low in- much as prescription drugs are in- chart is indicative of the Obama ad- terest rates and favorable terms and volved in providing health care to ev- ministration. That is all we have to lower underwriting requirements, and erybody in America. You wouldn’t measure. We are in March, so we have that I believe was a precursor to the imagine that the pharmaceuticals that 13 months of the Obama administra- subprime mortgage crisis that brought are so much a part of the stability for tion. There has been negative job about this economic decline, all of the our health care would not be part of growth every single month during the while while this was going on, we saw Medicare. So that argument, I think, Obama administration. Now I’m not the majority change in the House, and stands pretty clear. Then we have the other bullet point laying that all at his feet. He inherited then the CHARLIE RANGEL position of a situation. The cycles of the global not being committed to preserving a that was on the chart, Wall Street bail- economy are part of this. The decisions single Bush tax cut. And the result was outs. Well, I was not a fan of Wall that were made in this Congress is part capital left investment out of the in- Street bailouts, Mr. Speaker. I, among of this. President Bush is not wholly to dustrial side of this marketplace. It about half of the Republicans, voted ‘‘no’’ on the $700 billion TARP legisla- blame, if he is to blame at all. But slowed down our industrial production. what I saw happen was the recently ad- Mr. Speaker, there is a person in the tion which, by the way, was only $350 monished CHARLIE RANGEL, now chair- gallery that is making gestures up billion worth of TARP legislation, only man of the Ways and Means Com- there that are inappropriate. I would $350 billion, and that is a relative term, mittee, was the anticipated chairman like to ask him to be removed. when you are looking at $750 billion, you can say that. But this $750 billion of the Ways and Means Committee im- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE TARP proposal that came from the mediately in the aftermath of the Mr. KING of Iowa. I request that he Secretary of Treasury, Henry Paulson, Democrat takeover of the majority of be removed. the United States House of Representa- The SPEAKER pro tempore. The gen- his request was for immediately $750 tives when NANCY PELOSI became tleman from Iowa will suspend. The billion with no strings attached and he Speaker. And CHARLIE RANGEL, the Chair will remind all persons in the would spend the money as he saw fit, ranking member as I recall on the gallery that they are here as guests of and he was the only one who could save our economy from going into a down- Ways and Means Committee, went on the House, and that any manifestation ward spiral and the global collateral the national talk shows and he went of approval or disapproval of pro- and global currency from crashing. over and over again. He went every- ceedings or other audible conversation where all the time. He talked about as Well, this Congress pulled it back, is in violation of the rules of the held it to $350 billion. I voted ‘‘no’’ on much on the national talk shows as House. each component of that because I be- Newt Gingrich did when he became Mr. KING of Iowa. Thank you, Mr. lieved that there wasn’t any entity in Speaker-elect of the House of Rep- Speaker. I appreciate your attention to this country that was too big to be al- resentatives. the decorum in the Chamber. I do re- lowed to fail, that we should simply let And all of America watched and lis- vere this institution that we all are a them fail because if we do so, it would tened to CHARLIE RANGEL because they part of. And to pick up where I left off remove the implication, the inference wanted to know. And the question was if I may, there is a flow to this econ- that the Federal Government was continually asked: Mr. RANGEL, which omy that is impossible to discern with going to provide a guarantee. And if of these Bush tax cuts would you keep the definitive analysis on how much of they believe it is implicit that the Fed- and which would you want to get rid of. it belongs on this side of the aisle and eral Government will bail out compa- And I don’t recall a single straight an- how much belongs on this side of the nies that are too big to fail, then they swer, but I remember by November and aisle, and how much of it is the orga- take greater and greater risks and the December and January and part of Feb- nism that is the free enterprise econ- markets don’t work any more because ruary had rolled around, it had become omy we have, coupled with the politics they are propped up by the govern- clear to the analysts and pundits in that churn back and forth. ment. America there was not one single tax So we make our arguments. We make So Wall Street bailout, I stand here, cut of the Bush administration that them in the media, and when we go Mr. Speaker, and about half of my Re- CHARLIE RANGEL wanted to keep, not home to our districts, we trust that the publican colleagues stood with me each one. American people will sort this out and time opposed to the $750 billion TARP From that period of time in Novem- that they will then come to a decision fund bailout. ber of 2006 until December of 2006, Jan- that will elect the people that come uary and February of 2007, we saw in- back to this Congress in the next cycle b 2220 dustrial investment in America drop of our elections and be able to make And maybe about the same number like a rock. Mr. Speaker, it did so be- even better decisions than in the past. of Democrats stood in opposition and

VerDate Nov 24 2008 04:04 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.092 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1021 in favor of it. So it was both parties, in the White House can write a prescrip- our inner cities—mostly inner cities, roughly equal numbers—although not tion for a bankruptcy and a takeover of wouldn’t have had to be exclusively precisely—that supported the Wall private sector companies, two proud that, Mr. Speaker—and it was an activ- Street bailout. American companies, and the bank- ity that I disagree with and object to, But, Mr. Speaker, then-Senator ruptcy court couldn’t find a single flaw but there were lenders that could see Obama—and now President Obama—did in that proposal, no matter what the that there were neighborhoods where support the TARP bailout. He was in testimony to end back up with exactly the asset values were going down, inner support of the $700 billion. And when it the language of the agreement that city neighborhoods. Any of the inner came back, as the vote of $350 billion was proposed by the White House, and city properties where the asset value now and $350 billion to be requested by which, by the way, was supported by was going down, they took, more or the next administration and approved Speaker PELOSI. And the language that less, a red pen and drew a line around by the next Congress, President she used was: I am not going to allow those areas in the inner city whose Obama—then-Senator Obama—voted the automakers to get bargaining le- asset values were going down, they for that legislation; he was in favor of verage over the unions. were redlining them. They would draw it. And so the secured creditors and the a boundary around them and then When they went to the White House, car companies lost their investment make a decision that they were not JOHN MCCAIN and Senator Obama, to completely—lock, stock and barrel, going to loan any money into that area sit down with Speaker PELOSI and wiped out, Mr. Speaker. And shares of because the collateral value was dimin- MITCH MCCONNELL, the leader in the stock were handed over to the United ishing rather than appreciating. United States Senate, and ROY BLUNT Auto Workers Union. How could that So when that happened, and it be- was there as well—and the list of peo- happen in a Nation that believes in the came apparent here in this Congress, ple on the House side goes on—at that rule of law? How could that happen in the hearts of the Members of Congress table, then-candidate Obama, Senator a Nation that allows for collateral to went out to the people that were trying Obama was in agreement with the re- be held for secured creditors? The peo- to make a living and live in those areas quest for $700 billion and voted for it. ple that held the collateral for those and passed the Community Reinvest- So it doesn’t work very well for a Dem- companies lost their collateral, and ment Act, which essentially said if ocrat to come to the floor of the House part of the reason was because the you’re going to make loans and if and point his finger at George Bush large investment banks that had been you’re going to expand your operations when he can clearly see that his Presi- invested in those shares had also re- with branches or continue to go into dent—and, by the way, my President— ceived a bailout from TARP—the Trou- other neighborhoods, then you need to was in support of TARP. I was not. I bled Asset Relief Program in case there comply with the Community Reinvest- stood in opposition to TARP. is anybody that needs to know that. ment Act, which means, in short, that The Wall Street bailout was approved When that happened, then it was le- lending institutions had to make bad by then-Senator Obama, the first half veraged against these large investment loans in bad neighborhoods. That’s the at $350 billion, and then later on the banks to capitulate, give up their se- short version of what it is. There are a other $350 billion that was requested by cured interest in that collateral for lot of nicer ways to say it, but that is the President to be elected later, which General Motors and Chrysler so that it the blunt version, Mr. Speaker. was President Obama, and approved by could be transferred over to the unions, So these lending institutions were the Congress to be elected later, which whose concession was they conceded having trouble defining what that was the Pelosi-Reid Congress, sent claims, insurance claims in the future. meant. Well, ACORN was there to help Henry Paulson another $350 billion to That’s it. No real-time, now transfer of them. They were there to shake down go to the new Secretary of the Treas- anything; simply some concessions these lenders and push the lenders into ury. That Secretary, by the way, had down the line that looked like—if making more bad loans in bad neigh- tax troubles of his own. they’re able to pass socialized medicine borhoods. But the problem was that So we can spin this a lot of ways, but will be irrelevant anyway. what happened was at the end of the That’s what I saw happen. TARP, the the lenders couldn’t make any more Bush administration and the beginning Troubled Asset Relief Program, $350 loans because they were having trouble of the Obama administration and with billion under Bush, $350 billion under selling these mortgages off into the the cooperation, support and assent of Obama, three large investment banks secondary market, Fannie Mae and then-Senator and later on President- nationalized, AIG, the insurance com- Freddie Mac, because the underwriting elect and then President Obama, here’s pany, nationalized, Fannie Mae, requirements for Fannie Mae and what we saw happen. We saw that Freddie Mac, one of them lost $16 bil- Freddie Mac were not loose enough to TARP funding approved in late Sep- lion in the last quarter, $16 billion, Mr. allow those mortgages to be sold into tember, early October of 2008 with the Speaker, all of that out of the pockets the Fannie and Freddie secondary loan support of Obama and McCain and of the taxpayers. market. President Bush—not mine. We saw The taxpayers are on the hook to en- And so this wonderful organization three large investment banks begin to sure that these now wholly owned gov- called ACORN came to this Congress in be nationalized as the flow of this elec- ernment entities, Fannie Mae and the early nineties and lobbied the Con- tion came through. We saw the huge Freddie Mac, whose liabilities have gress—they weren’t the only ones, but insurance company, AIG, nationalized, been accepted by executive order of they were a very, very active and force- taken over by the Federal Government. President Obama last December in the ful organization—they lobbied the Con- We saw Fannie Mae and Freddie Mac amount of contingent liabilities of $5.5 gress to lower the underwriting and the nationalized, taken over by the Federal trillion, and still the taxpayers con- collateral of down payment standards Government. And then, pretty soon we tinue to go to work every day and send for the borrowers so that Fannie Mae saw General Motors and Chrysler na- their money into the Federal Govern- and Freddie Mac could buy up these tionalized and taken over by the Fed- ment, and still this Federal Govern- loans on the secondary market. And eral Government. ment’s heart is hardened and can’t the loans that would be made by the We saw the bankruptcy court accept seem to come to grips with the massive lending institutions that were seeking the deal that was proposed by the responsibility that they have accepted to comply with the Community Rein- Obama White House without one jot or and transferred over onto the people of vestment Act, make those loans, bad tittle amended no matter what the tes- America. loans in bad neighborhoods, sell them timony was before the bankruptcy And while all of this is going on, the off to Fannie Mae and Freddie Mac, court. A proposed package that was en- Community Reinvestment Act, which shed themselves of it, take their profit dorsed by—and for all I know shaped was passed in the late seventies, ‘‘mod- and their margins out and let Fannie by—the White House to put these car ernized’’ in the early nineties under and Freddie worry about that as they companies through bankruptcy was, Bill Clinton, that Community Rein- rolled them forward. All of that was verbatim, approved by the bankruptcy vestment Act that was designed to put going on, and it wasn’t going fast court. Now, what a curious thing that an end to redlining around districts in enough.

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.096 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1022 CONGRESSIONAL RECORD — HOUSE March 2, 2010 But once the underwriting require- I have stood here on this floor, have other. This is in the trillions of dollars. ments for Fannie and Freddie were ap- sat up in these seats and have listened We have a President who is a Keynes- proved here in this Congress in the to enough debate from this side of the ian economist, if he is an economist at early nineties, then ACORN went to aisle when, over and over again, Demo- all, and he is on steroids. He has a vo- work and accelerated their effort to crats in this Congress have said, Give racious appetite to spend our grand- promote more and more bad loans in us the gavels. We will make it better. children’s future incomes. bad neighborhoods. While that was We can fix this economy. We can grow Today, by my numbers, a baby born going on, the shakedown was being ac- this country. We will take care of our in America owes Uncle Sam for the celerated. But it wasn’t enough to have national defense. Everything will be birthright of being a natural born a, let me say, lobbying operation here right again. This is before President American citizen $44,000. Somebody in Washington that was pushing to Obama was even elected to the United else’s number is $46,000. I’ll stick with lower the standards for Fannie and States Senate. There were declarations $44,000. It’s a conservative number. By Fred, but there was an activist shake- from this side of the aisle that you the time that child starts the fifth down operation going on out there in could fix everything if you could just grade, if the President’s budget is ap- the neighborhoods where ACORN’s peo- get the gavels. proved, authorized, and appropriated, ple were proudly saying that they went Well, you got the gavels. You got the we will see that child owing the Fed- into lending institutions and they gavels in 2006, and we saw industrial in- eral Government $88,000 when he walks would shove the banker’s desk over vestments spiral downwards, and we in to meet his fifth grade teacher. against the wall and all surround the saw the subprime mortgage crisis spi- $88,000. lender and chant and scream at him to ral even further downwards. By the At the same time, this same adminis- intimidate him into making more and way, in 2005, I stood on this floor and I tration laments the college debt that more bad loans in bad neighborhoods. supported raising the standards of un- they have. Now, if you have a student derwriting for Fannie Mae and Freddie who walks out of college and who gets 2230 b Mac, requiring them to have similar, his degree with $88,000 worth of debt, So what did they do? not exactly the same, capital require- that seems to be more than he wants to In an attempt to please or placate, ments as the other lending institutions bear. The hardest thing is to come the lenders made more bad loans in and similar regulations of the other short of a degree and still have the col- more bad neighborhoods. Then ACORN lending institutions. lege debt because you don’t have the found themselves in a position where What happened, Mr. Speaker, was sheepskin to help you with the revenue they could actually score the lenders that the now chairman of the Financial stream, and you’ve got to find another as to whether they were in compliance Services Committee, Mr. FRANK, came way to do it. with the Community Reinvestment to this floor and vigorously opposed an I will say that I empathize with those Act. amendment that was offered by Mr. college students who have high debt, Well, think about what that means— Leach of Iowa, on October 26, 2005, but I even greater empathize with an outside organization that emerges which would have fixed Fannie Mae those American babies who are born today as a criminal enterprise, scoring and Freddie Mac. Jim Leach under- every day in this country with a huge lending institutions as to whether stood what we needed to do. I under- debt over their heads that they had they’re in compliance with the very stood what we needed to do. There were nothing to say about. They don’t really vague language of the Community Re- several dozen others who understood have a means to take that and call it investment Act, and encouraging more what we needed to do. Yet the defender an investment and a return on that in- and more bad loans in bad neighbor- of Fannie Mae and Freddie Mac would vestment. It is unconscionable that we hoods. Alan Greenspan is up there, low- later on become the chairman of the would put our children and grand- ering interest rates, extending the Financial Services Committee, and he children in debt in the fashion that we terms, lowering the standards for a would continue to defend Fannie Mae have, and it is trillions of dollars, Mr. and Freddie Mac, and he would open up downpayment. All of this accelerated Speaker. The numbers work out to be authorizations to fund ACORN and to bad loans in bad neighborhoods. something like this: Subprime mortgages made that all accelerate the downward spiral of our We’ve had something like an $11.3 happen, and you had this snowball that economy. trillion national debt. That national I come to this floor tonight, and I was rolling along underneath the debt has now been raised to around $14 hear it’s all George Bush’s fault. Well, radar. trillion. If you look at the Obama as you may know, Mr. Speaker, I’m We saw this start to break apart a budget, when you project it out over a having a little trouble with this logic. year and a half or so ago, Mr. Speaker. So I’ll just fast-forward to another 10-year period of time, that takes it up That’s when Henry Paulson came to circumstance that took place yester- to $28 trillion. Now, this is a massive this Capitol and did his Chicken Little day and the day before and the day be- burden that we have. How do we work routine. fore and the day before and that will be our way out of it? He said, The financial sky is falling, taking place tomorrow. It is the posi- We are going the wrong way—raising and I can prop it up with $700 billion. up mandatory wages. Let’s say we raise tion that Senator JIM BUNNING has What’s your guarantee? taken with regard to the extension of minimum wage a high percentage, 30- He said, I have no guarantee, but it’s unemployment benefits. He has taken some percent or so. We have got a the only thing that has any chance of the position that, if you really believe Davis-Bacon wage scale, the federally working. You’ll have to give me the that we should pay as we go, then the imposed union scale on every construc- money, and I’ll do what I can with it. people who are promoting that we tion project in America that has 2,000 That’s the picture of what happened: should extend unemployment benefits or more Federal dollars invested in it. The Community Reinvestment Act, the should find a way to pay as we go. It unnaturally inflates the cost of shakedown of lenders, ACORN engaged That’s their pledge. every project that has Federal dollars in the middle of this, ACORN finding They passed PAYGO here. Of course in it someplace between 8 and 35 per- themselves as the broker for bad loans it’s a sham. They just simply bypass it, cent. The most recent data shows an and the approver of the lending institu- ignore it, or put a little language in average of a 22 percent increase be- tions that are making enough bad the bill that says PAYGO doesn’t cause of Davis-Bacon wage scales, loans that it meets their standard. apply, and they move on. They do which truly are union wage scales. That’s what we saw happen, and we saw whatever they want to do. There is no Then on top of that, while the Fed- this economy start to crack apart standard anymore. The integrity has eral Government is managing min- again. When it cracked apart and when diminished substantially. imum wage, managing imposing a the economy started to spiral down- JIM BUNNING said, Hold it. Before we union wage scale even on competitive ward, yes, that was under George extend unemployment benefits, find a contracts—and by the way, the Davis- Bush’s watch, but it was also, Mr. way to pay for it. Bacon wage scale is the last Jim Crow Speaker, under NANCY PELOSI’s watch, This is an administration that has law in America. I know of no other Jim and it was under HARRY REID’s watch. spent way out of proportion to any Crow law left in America. This is one.

VerDate Nov 24 2008 04:04 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.097 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1023 It is the remaining Jim Crow law. It what they can do, what they will be ment since 1973 that you can’t tell a was designed to lock African Ameri- paid for work that is done. woman what she can or can’t do with cans out of the trade unions in New By the way, it changes dramatically her body, it is her body, after all, are York City back in 1932. There was a from district to district. You might go the ones that are now making the ar- Federal building contract that was let across the road, the center of the cen- gument that the Federal Government in the Depression era, and a contractor terline of a highway, and find out there should have the authority to tell ev- from Alabama was the low bidder on is a 20, 30, or 40 percent difference in erybody in America what we can or the project. He brought a lot of African this thing called prevailing wage, can’t do with our body. American workers in from Alabama up which actually is union scale. This is the nationalization of to New York City to build that Federal The Federal Government is messing everybody’s body. It is Uncle Sam tak- building. They’d work cheaper. They up the works. The free enterprise sys- ing over our bodies. The most private, came in. tem has got to be allowed to operate personal thing we have is this physical The unions got together and lobbied. and flourish. There needs to be a floor body that we should be managing, tak- Somebody said they were both Repub- that is established under labor that is ing care of, respecting, and be grateful licans, and if so, I don’t identify with supply and demand. There needs to be and reverent for. And even in the legis- them at all. Two New York legisla- a wage and benefits package that is re- lation we see language that would tax tors—a senator and a representative— flective of supply and demand, and the your pop if it is not diet, or outlaw or called Davis and Bacon decided that skills of the employee. That, sadly, is tax trans fats, and try to manipulate they were going to impose a prevailing not the case when the Federal Govern- behavior so that your body treats you wage on America, which turns out to ment is involved. in a fashion that is less of a demand on be the union scale on America, which is So, Mr. Speaker, there are a lot of health care. This is the Federal Gov- an increase of 22 percent. distortions that have been taking place ernment telling us what we can and So the decision we have is: Do we here, and our Keynesian economist on can’t do with our body. We have heard some talk about death want to build 4 miles of road or 5? Do steroids who is in the Oval Office has panels, and I have not embellished that we want to build four bridges or five? further distorted this. We need to take very much. But those panels would be Do we want to build four schools or this country back, back to our roots, a component of the thought process five? Do you want to build 4 miles of back to our origins, and let the free en- that I am discussing. You would have a bike trail or 5? Name your project. Do terprise system work. Federal panel or committee that would you want to build four buildings or There are a series of flashcards that be run by the Health Choices Adminis- five? How many shovel-ready projects have been made available by the tration czar who would determine when do you want to go to work if they are USCIS, Citizenship Immigration Serv- ices. Those flashcards are little red you could have tests, when you of equal value—four or five? That’s the couldn’t have tests; when a woman was things about like this. They will ask difference between the non-Davis- too young for a mammogram, when a you a question when you study to be a Bacon merit shop and Davis-Bacon woman was too old for a mammogram, naturalized American citizen. wages. when she had had too many mammo- On one side it will say, Who is the I am confronted with the chairman of grams; tell you when you needed to be Father of our Country? Snap it over the Financial Services Committee, who checked for colon cancer. They would and it will say, George Washington. has consistently made the argument put you through all these paces. It is Who saved the Union? Snap it over, with many of his colleagues over on the Federal Government managing our this side of the aisle that the Federal Abe Lincoln. What is the economic system of the health care. Government has no business injecting Why would we do that? Why would United States? Snap it over, free enter- themselves in between two consenting we give that up? Why would we let the prise capitalism. adults. The two consenting adults Federal Government nationalize our Mr. Speaker, it is hard to believe should be able to do whatever they bodies and decide what we will pay for that would be a question that would be want to do. It doesn’t hurt anybody health insurance premiums, what answered accurately in the White else. That’s their argument. What busi- health insurance policies will be of- ness is it of ours in this Congress if two House today, given the nationalization fered to us, and by those decisions they consenting adults want to carry on in of one-third of the private-sector prof- would decide then the cost of the pre- any fashion whatsoever, whether we its in the country, given the effort to miums, the benefits of the premiums, can discuss it here into the RECORD or nationalize our bodies. from what would be offered. The Fed- whether we can’t, Mr. Speaker? Now, there is a concept, Mr. Speaker, eral Government takeover of the most Well, the same individuals who make that has some people raise their eye- personal and private thing that we that argument seem to think that the brows. Now they are ready with their have, and in fact are, would be the na- Federal Government should inject fingers on their keyboard, because they tionalization of everybody’s body in themselves into every transaction be- think that STEVE KING has said some- America. tween two consenting adults, provided thing that is completely outrageous. Now, what does that mean? Well, it is there are some 2,000 or more Federal Well, it is completely thought through. we the people. The people get their dollars involved. So now we have Uncle Here is the point. Ever since 1973, a rights from God. We take those rights Sam’s telling David King what he has significant percentage of Americans, and we confer them upon government to pay his employees on a construction albeit today in a minority, have con- and they derive their just powers from project in Iowa: If I want to go climb in tinually made the argument that abor- the consent of the governed. his excavator on a project, and I say, tion should be available electively be- But if you look back at the old mon- Hey, Dave. I want to do this for noth- cause no one has any business telling a archies that were the precursors to this ing. I just enjoy doing this work. It woman what she can or can’t do with country, those subjects existed for the takes me back to my roots, and I want her body. That is the argument. monarch, for the king. They were the to help this company, or if I say, Will The pro-choice crowd has continually king’s subjects. He controlled them. He you just pay me $10 an hour? That’ll argued you can’t tell a woman what managed them for his own benefit at make it work. It’ll give me a little she can or can’t do with her body. It is his own will. Some were benevolent spending money and make it work. her body, a decision for her and for her and some were not. We have rejected doctor and for her pastor, priest, or the monarchy, and that is very clear if 2240 b rabbi. Funny that the father is not in you read our Constitution. He can’t do it. It would be a violation this equation. But that is the argu- But also the Communist state, where of Federal law. I cannot enter into an ment; you can’t tell a woman what she the individual exists for the benefit of agreement with my own son, two con- can or can’t do with her body. It is a the state and everybody’s work and la- senting adults, and work for $10 an decision for her, her pastor, and her bor’s for the benefit of the state. There hour or $20 an hour or nothing, because doctor. isn’t any system out there that re- the Federal Government has decided Well, the same people, the same peo- spects and reveres the power of the in- they want to tell two consenting adults ple that have been making that argu- dividual and our individual rights that

VerDate Nov 24 2008 04:04 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.099 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1024 CONGRESSIONAL RECORD — HOUSE March 2, 2010 come from God, and how people confer, b 2250 trative authorities of the United States Cap- the people, confer their powers that itol Police, and for other purposes. Until I see that, Mr. Speaker, I do H.R. 4691. An act to provide a temporary come from God and the consent of the not believe that that is the case. I governed, and pass it over to our elect- extension of certain programs, and for other think the effort is socialized medicine. purposes. ed representatives. That is the system I don’t think it’s about the liberty of f that we have. America, nor do I believe it’s about the Why would the people of the United efficiency and the quality of health BILL PRESENTED TO THE States of America give up their sov- care. PRESIDENT ereign rights to control their own per- So, with that, Mr. Speaker, I appre- Lorraine C. Miller, Clerk of the sons in spite of all the things that are ciate your indulgence, and I would House, reports that on February 26, in the Bill of Rights that define our in- yield back the balance of my time. 2010 she presented to the President of dividual rights? Why would we give f the United States, for his approval, the that up and hand over the management LEAVE OF ABSENCE following bill. of our health care to the Federal Gov- By unanimous consent, leave of ab- H.R. 3961. An Act to extend expiring provi- ernment? Why would anybody propose sions of the USA PATRIOT Improvement such a thing? sence was granted to: and Reauthorization Act of 2005 and Intel- I will submit, Mr. Speaker, they Ms. JACKSON LEE of Texas (at the re- ligence Reform and Terrorism Prevention would only propose such a thing if they quest of Mr. HOYER) for today and Act of 2004 until February 28, 2011. March 3 on account of business in her were anti-liberty, if they were anti- f freedom, if they were pro-some other district. Mr. RODRIGUEZ (at the request of Mr. ADJOURNMENT form of government that didn’t respect HOYER) for today on account of pri- the sovereignty of the individual and Mr. KING of Iowa. Mr. Speaker, I mary in district. the God-given liberties that are in- move that the House do now adjourn. Mr. JACKSON of Illinois (at the re- vested in all of us. So, this is an impor- The motion was agreed to; accord- quest of Mr. HOYER) for today on ac- tant debate that is before us. ingly (at 10 o’clock and 50 minutes count of family matters. p.m.), the House adjourned until to- Tomorrow, President Obama will Mr. GENE GREEN of Texas (at the re- morrow, Wednesday, March 3, 2010, at unveil, as he has announced, another quest of Mr. HOYER) for today on ac- 10 a.m. series of bullet points. The last time it count of Texas primary election. f was 11 pages, no legislative language, Mr. REYES (at the request of Mr. of principles he thinks that we all HOYER) for today on account of Texas EXECUTIVE COMMUNICATIONS, should agree to. And he would give primary. ETC. some opportunity for Republicans to f accept a few more dictates, and he has Under clause 2 of Rule XXIV, execu- indicated he would be interested in a SPECIAL ORDERS GRANTED tive communications were taken from couple of changes. But, in the end, they By unanimous consent, permission to the Speaker’s table and referred as fol- have created a toxic stew that started address the House, following the legis- lows: with that tainted old soupbone of lative program and any special orders 6312. A letter from the Under Secretary, HillaryCare of 15 years ago, and they heretofore entered, was granted to: Department of Defense, transmitting the De- have added bells and whistles to it that partment’s report on progress toward com- (The following Members (at the re- pliance with destruction of the U.S. stock- are designed to try to attract more quest of Ms. WOOLSEY) to revise and ex- pile of lethal chemical agents and munitions people into this. tend their remarks and include extra- by the extended Chemical Weapons Conven- But if you start out with something neous material:) tion deadline of April 29, 2012, and not later toxic, whatever you add to it, it dilutes Ms. WOOLSEY, for 5 minutes, today. than December 31, 2017, pursuant to Public it, but it is still toxic. This is a toxic Mr. JOHNSON of Georgia, for 5 min- Law 110-116, section 8119; to the Committee utes, today. on Armed Services. stew, this National Health Care Act. It 6313. A letter from the Director, Defense Mr. DEFAZIO, for 5 minutes, today. needs to be thrown out, and we need to Procurement and Acquisition, Department of start fresh. Three out of four of the Ms. KAPTUR, for 5 minutes, today. Defense, transmitting the Department’s final American people agree with me that we (The following Members (at the re- rule — Defense Federal Acquisition Regula- can’t go forward with what we have in quest of Mr. POE of Texas) to revise and tion Supplement; Definitions of Component front of us. We have got to start all extend their remarks and include ex- and Domestic Manufacture (DFARS Case over again. traneous material:) 2005-D010) (RIN: 0750-AF22) received January Mr. HARPER, for 5 minutes, March 3. 20, 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to We need to start with tort reform Mr. PAULSEN, for 5 minutes, March 3. the Committee on Armed Services. and the lawsuit abuse, and allow people Mr. POE of Texas, for 5 minutes, 6314. A letter from the Director, Defense to really and truly and honestly and March 9. Procurement and Acquisition Policy, De- openly buy insurance across State partment of Defense, transmitting the De- Mr. JONES, for 5 minutes, March 9. lines. We need full deductibility of partment’s final rule — Defense Federal Ac- Ms. ROS-LEHTINEN, for 5 minutes, everybody’s health insurance pre- quisition Regulation Supplement; Lead Sys- March 3 and 4. miums. We need to expand Health Sav- tem Integrators (DFARS Case 2006-D051) Mr. MORAN of Kansas, for 5 minutes, (RIN: 0750-AF80) received January 19, 2010, ings Accounts. We need to allow people March 9. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to use HSAs. We need to set up a port- Mr. BURTON of Indiana, for 5 minutes, mittee on Armed Services. ability, so people can take their health today and March 3 and 4. 6315. A letter from the Associate General insurance policies with them every (The following Member (at his own Counsel for Legislation and Regulations, De- partment of Housing and Urban Develop- time. And we need to address pre- request) to revise and extend his re- existing conditions in a fashion that ment, transmitting the Department’s final marks and include extraneous mate- rule — Refinement of Income and Rent De- doesn’t turn out to be socialized medi- rial:) cine. termination Requirements in Public and As- Mr. CASSIDY, for 5 minutes, today. sisted Housing Programs: Implementation of All of that we can do, all of that we f the Enterprise Income Verification System should do, but we should do it one bill — Amendments [Docket No.: FR-5351-F-02] at a time, standalone, very clear. Tort ENROLLED BILLS SIGNED (RIN: 2501-AD48) received January 19, 2010, reform first; take this money out of Lorraine C. Miller, Clerk of the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the pockets of the trial lawyers, give it House, reported and found truly en- mittee on Financial Services. back to the ratepayers, and the tax- rolled bills of the House of the fol- 6316. A letter from the General Counsel, National Credit Union Administration, payers, and the patients. If we do that, lowing titles, which were thereupon transmitting the Administration’s final rule that will be a powerful sign that this signed by the Speaker: — Exception to the Maturity Limit on Sec- administration would finally be ready H.R. 1299. An act to make technical correc- ond Mortgages (RIN: 3133-AD64) received to work in a bipartisan fashion. tions to the laws affecting certain adminis- January 19, 2010, pursuant to 5 U.S.C.

VerDate Nov 24 2008 04:59 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K02MR7.100 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE March 2, 2010 CONGRESSIONAL RECORD — HOUSE H1025 801(a)(1)(A); to the Committee on Financial 6325. A letter from the Chief Operating Of- tration’s final rule — Magnuson-Stevens Services. ficer/President, Financing Corporation, Fishery Conservation and Managememt Act 6317. A letter from the General Counsel, transmitting a copy of the Financing Cor- Provisions; Fisheries of the Northeastern National Credit Union Administration, poration’s Statement on the System of In- United States [Docket No.: 0909011267-91427- transmitting the Administration’s final rule ternal Controls and the 2009 Audited Finan- 02] (RIN: 0648-AY19) received January 19, — Display of Official Sign; Temporary In- cial Statements; to the Committee on Over- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the crease in Standard Maxium Share Insurance sight and Government Reform. Committee on Natural Resources. Amount; Coverage for Mortgage Servicing 6326. A letter from the Branch Chief, Divi- 6334. A letter from the Acting Director, Of- Accounts; Share Insurance for Revocable sion of Migratory Bird Management, Fish fice of Sustainable Fisheries, NMFS, Na- Trust Accounts (RIN: 3133-AD54; RIN: 3133- and Wildlife Service, Department of the Inte- tional Oceanic and Atmospheric Administra- AD55) received January 19, 2010, pursuant to rior, transmitting the Department’s final tion, transmitting the Administration’s final 5 U.S.C. 801(a)(1)(A); to the Committee on Fi- rule — Migratory Bird Permits; Changes in rule — Fisheries of the Northeastern United nancial Services. the Regulations Governing Falconry [FWS- States; Summer Flounder Fishery; Quota 6318. A letter from the Director, Bureau of R9-MB-2009-0002; 91200-1231-9BPP] (RIN: 1018- Transfer [Docket No.: 0809251266-81485-02] Economic Analysis, Department of Com- AW44) received January 13, 2010, pursuant to (RIN: 0648-XT39) received January 19, 2010, merce, transmitting the Department’s final 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule — Direct Investment Surveys: BE-605, Natural Resources. mittee on Natural Resources. Quarterly Survey of Foreign Direct Invest- 6327. A letter from the Assistant Secretary, 6335. A letter from the Acting Director, Of- ment in the United States — Transactions of Land and Minerals Management, Depart- fice of Sustainable Fisheries, NMFS, Na- U.S. Affiliate With Foreign Parent [Docket ment of the Interior, transmitting the De- tional Oceanic and Atmospheric Administra- No.: 090130108-91414-02] (RIN: 0691-AA70) re- partment’s final rule — Requirements for tion, transmitting the Administration’s final ceived January 19, 2010, pursuant to 5 U.S.C. Subsurface Safety Valve Equipment [Docket rule — Fisheries of the Exclusive Economic 801(a)(1)(A); to the Committee on Foreign Af- ID: MMS-2007-OMM-0066] (RIN: 1010-AD45) re- Zone Off Alaska; Inseason Adjustment to the fairs. ceived January 13, 2010, pursuant to 5 U.S.C. 2010 Bering Sea Pollock Total Allowable 6319. A letter from the Director, Inter- 801(a)(1)(A); to the Committee on Natural Catch Amount [Docket No.: 0810141351-9087- national Cooperation, Department of De- Resources. fense, transmitting Pursuant to Section 27(f) 6328. A letter from the Chief, Branch of 02] (RIN: 0648-XT40) received January 19, of the Arms Export Control Act and Section Listing, Endangered Species, Department of 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1(f) of Executive Order 11958, Transmittal No. the Interior, transmitting the Department’s Committee on Natural Resources. 20-09 informing of an intent to sign a Project final rule — Endangered and Threatened 6336. A letter from the Acting Director, Of- Agreement with Israel; to the Committee on Wildlife and Plants; Final Rule To List the fice of Sustainable Fisheries, NMFS, Na- Foreign Affairs. Galapagos Petrel and Heinroth’s Shearwater tional Oceanic and Atmospheric Administra- 6320. A letter from the Director, Inter- as Threatened Throughout Their Ranges tion, transmitting the Administration’s final national Cooperation, Department of De- [FWS-R9-ES-2009-0086; 90100-1660-1FLA] (RIN: rule — Fisheries of the Exclusive Economic fense, transmitting Pursuant to Section 27(f) 1018-AW70) received January 13, 2010, pursu- Zone Off Alaska; Inseason Adjustment to the of the Arms Export Control Act and Section ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2010 Bering Sea and Aleutian Islands Pacific 1(f) of Executive Order 11958, Transmittal No. on Natural Resources. Cod Total Allowable Catch Amount [Docket 04-10 informing of an intent to sign a Project 6329. A letter from the Deputy Assistant No.: 0810141351-9087-02] (RIN: 0648-XT41) re- Agreement with North Atlantic Treaty Orga- Administrator for Regulatory Programs, ceived January 19, 2010, pursuant to 5 U.S.C. nization; to the Committee on Foreign Af- NMFS, National Oceanic and Atmospheric 801(a)(1)(A); to the Committee on Natural fairs. Administration, transmitting the Adminis- Resources. 6321. A letter from the Secretary, Depart- tration’s final rule — Fisheries of the North- 6337. A letter from the Director Office of ment of the Treasury, transmitting as re- eastern United States; Summer Flounder, Sustainable Fisheries, NMFS, National Oce- quired by section 401(c) of the National Scup, and Black Sea Bass Fisheries; 2010 anic and Atmospheric Administration, trans- Emergencies Act, 50 U.S.C. 1641(c), and sec- Summer Flounder, Scup, and Black Sea Bass mitting the Administration’s final rule — tion 204(c) of the International Emergency Specifications; Preliminary 2010 Quota Ad- Fisheries of the Exclusive Economic Zone Economic Powers Act, 50 U.S.C. 1703(c), and justments; 2010 Summer Flounder Quota for Off Alaska; Inseason Adjustment to the 2010 pursuant to Executive Order 13313 of July 31, Delaware [Docket No.: 0908191244-91427-02] Gulf of Alaska Pollock and Pacific Cod Total 2003, a six-month periodic report on the na- (RIN: 0648-XR08) received January 19, 2010, Allowable Catch Amounts [Docket No.: tional emergency with respect to persons un- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0910091344-9056-02] (RIN: 0648-XT52) received dermining democratic processes or institu- mittee on Natural Resources. January 19, 2010, pursuant to 5 U.S.C. tions in Zimbabwe that was declared in Ex- 6330. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Natural ecutive Order 13288 of March 6, 2003; to the fice of Sustainable Fisheries, NMFS, Na- Resources. Committee on Foreign Affairs. tional Oceanic and Atmospheric Administra- 6338. A letter from the Deputy Assistant 6322. A letter from the Secretary, Depart- tion, transmitting the Administration’s final Administrator for Operations, NMFS, Na- ment of the Treasury, transmitting as re- rule — Western and Central Pacific Fisheries tional Oceanic and Atmospheric Administra- quired by section 401(c) of the National for Highly Migratory Species; Bigeye Tuna tion, transmitting the Administration’s final Emergency Act, 50 U.S.C. 1641(c), and section Longline Fishery Closure [Docket No.: rule — Pacific Halibut Fisheries; Limited 204(c) of the International Emergency Eco- 090130102-91386-02] (RIN: 0648-XT01) received Access for Guided Sport Charter Vessels in nomic Powers Act, 50 U.S.C. 1703(c), section January 19, 2010, pursuant to 5 U.S.C. Alaska [Docket No.: 080630798-91430-02] (RIN: 505(c) of the International Security and De- 801(a)(1)(A); to the Committee on Natural 0648-AW92) received January 19, 2010, pursu- velopment Cooperation Act of 1985, 22 U.S.C. Resources. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 2349aa-9(c), and pursuant to Executive Order 6331. A letter from the Acting Director, Of- on Natural Resources. 13313 of July 31, 2003, a six-month periodic re- fice of Sustainable Fisheries, NMFS, Na- 6339. A letter from the Assistant Secretary, port on the national emergency with respect tional Oceanic and Atmospheric Administra- Employment & Training Administration, De- to Iran that was declared in Executive Order tion, transmitting the Administration’s final partment of Labor, transmitting the Depart- 12957 of March 15, 1995; to the Committee on rule — Fisheries Off West Coast States; ment’s final rule — Temporary Agricultural Foreign Affairs. Coastal Pelegic Species Fisheries; Closure Employment of H-2A Aliens in the United 6323. A letter from the Executive Director, [Docket No.: 0812171612-9134-02] (RIN: 0648- States (RIN: 1205-AB55) received November Chirstopher Columbus Fellowship Founda- XT31) received January 19, 2010, pursuant to 30, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to tion, transmitting pursuant to the Account- 5 U.S.C. 801(a)(1)(A); to the Committee on the Committee on the Judiciary. ability of Tax Dollars Act, the Foundation’s Natural Resources. General/Trust Fund Financial Statements 6332. A letter from the Acting Director, Of- 6340. A letter from the Assistant Secretary, for the First Quarter of FY 2010 ended De- fice of Sustainable Fisheries, NMFS, Na- Employment & Training, Department of cember 31, 2009, as prepared by the U.S. Gen- tional Oceanic and Atmospheric Administra- Labor, transmitting the Department’s final eral Services Administration; to the Com- tion, transmitting the Administration’s final rule — Temporary Employment of H-2A mittee on Oversight and Government Re- rule — Magnuson-Stevens Act Provisions; Aliens in the United States (RIN: 1205-AB55) form. fisheries Off West The Coast States; Pacific received November 30, 2009, pursuant to 5 6324. A letter from the Director, U.S. Cen- Coast Groundfish Fishery; Pacific Whiting U.S.C. 801(a)(1)(A); to the Committee on the sus Bureau, Department of Commerce, trans- Allocation; Pacific Whiting Seasons [Docket Judiciary. mitting the Department’s final rule — Tem- No.: 090428799-9802-01] (RIN: 0648-XT30) re- 6341. A letter from the Clerk of Court, porary Suspension of the Population Esti- ceived January 19, 2010, pursuant to 5 U.S.C. United States Court of Appeals, transmitting mates and Income Estimates Challenge Pro- 801(a)(1)(A); to the Committee on Natural an opinion of the United States Court of Ap- grams [Docket Number: 0908171239-91412-02] Resources. peals for the Seventh Circuit No. 08-3642 — (RIN: 0607-AA49) received January 19, 2010, 6333. A letter from the Deputy Assistant Ortega v. Holder (January 15, 2010); to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Administrator for Regulatory Programs, Committee on the Judiciary. mittee on Oversight and Government Re- NMFS, National Oceanic and Atmospheric 6342. A letter from the Assistant CC for form. Administration, transmitting the Adminis- Hazardous Materials Safety, Department of

VerDate Nov 24 2008 04:04 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\L02MR7.000 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE H1026 CONGRESSIONAL RECORD — HOUSE March 2, 2010 Transportation, transmitting the Depart- FEMA-1863-DR for the State of Louisiana; By Mr. BLUMENAUER (for himself, ment’s final rule — Hazardous Materials: Re- jointly to the Committees on Homeland Se- Mr. CAPUANO, Mr. CARNAHAN, Mr. vision to Requirements for the Transpor- curity, Transportation and Infrastructure, COHEN, Mr. FILNER, Mr. LIPINSKI, and tation of Batteries and Battery-Powered De- and Appropriations. Mr. MORAN of Virginia): vices; and Harmonization With the United f H.R. 4722. A bill to direct the Secretary of Nations Recommendations, International Transportation to carry out an active trans- Maritime Dangerous Goods Code, and Inter- REPORTS OF COMMITTEES ON portation investment program to encourage national Civil Aviation Organization’s Tech- PUBLIC BILLS AND RESOLUTIONS a mode shift to active transportation within nical Instructions; Correction [Docket No.: Under clause 2 of rule XIII, reports of selected communities by providing safe and convenient options to bicycle and walk for PHMSA-2007-0065 (HM0224D) and PHMSA- committees were delivered to the Clerk 2008-0005 (HM-215J)] (RIN: 2137-AE54) received routine travel, and for other purposes; to the January 15, 2010, pursuant to 5 U.S.C. for printing and reference to the proper Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- calendar, as follows: structure. tation and Infrastructure. Mr. CARDOZA: Committee on Rules. By Mr. BOYD: 6343. A letter from the Acting Deputy Di- House Resolution 1126. Resolution providing H.R. 4723. A bill to direct the Secretary of rector, NIST, Departmemt of Commerce, for consideration of the bill (H.R. 4247) to Commerce to study the Gulf of Mexico red transmitting the Department’s final rule — prevent and reduce the use of physical re- snapper fishery and to limit the authority of Precision Measurement Grants Program; straint and seclusion in schools, and for the Secretary to promulgate any interim Availability of Funds [Docket Number: other purposes (Rept. 111–425). Referred to rules for the fishery, and for other purposes; 0911251416-91417-01] received January 19, 2010, the House Calendar. to the Committee on Natural Resources. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f By Mr. CAPUANO: mittee on Science and Technology. H.R. 4724. A bill to amend the Federal Elec- 6344. A letter from the Director of Regula- PUBLIC BILLS AND RESOLUTIONS tion Campaign Act of 1971 to prohibit the tions Management, Department of Veterans Under clause 2 of rule XII, public conversion of leadership PAC funds to per- sonal use; to the Committee on House Ad- Affairs, transmitting the Department’s final bills and resolutions of the following rule — Vocational Rehabilitation and Em- ministration. ployment Program — Basic Entitlement; Ef- titles were introduced and severally re- By Mr. FRANK of Massachusetts: fective Date of Induction Into a Rehabilita- ferred, as follows: H.R. 4725. A bill to provide for the acquisi- tion Program; Cooperation in Initial Evalua- By Mr. OBERSTAR (for himself, Mr. tion by the Army Corps of Engineers of the tion (RIN: 2900-AN13) received January 19, MICA, Mr. COSTELLO, Mr. PETRI, Mr. hurricane barrier for the city of New Bed- 2010, pursuant to 5 U.S.C. 801(a)(1)(A); to the DEFAZIO, Ms. NORTON, and Mr. ford, Massachusetts and the town of Committee on Veterans’ Affairs. CUMMINGS): Fairhaven, Massachusetts; to the Committee 6345. A letter from the Director of Regula- H.R. 4714. A bill to amend title 49, United on Transportation and Infrastructure. tions Management, Department of Veterans States Code, to authorize appropriations for By Mr. MCKEON: Affairs, transmitting the Department’s final the National Transportation Safety Board H.R. 4726. A bill to authorize the Secretary rule — Vocational Rehabilitation and Em- for fiscal years 2011 through 2014, and for of the Interior to participate in projects to ployment Program — Self-Employment other purposes; to the Committee on Trans- encourage the design, planning, and con- (RIN: 2900-AN31) received January 19, 2010, portation and Infrastructure. struction of the North Los Angeles County pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- By Mr. BISHOP of New York (for him- Regional Water Recycling Project in the mittee on Veterans’ Affairs. self and Mr. LOBIONDO): State of California; to the Committee on 6346. A letter from the Director of Regula- H.R. 4715. A bill to amend the Federal Natural Resources. tions Management, Department of Veterans Water Pollution Control Act to reauthorize By Mr. NADLER of New York (for him- Affairs, transmitting the Department’s final the National Estuary Program, and for other self, Ms. WASSERMAN SCHULTZ, Mr. rule — Vocational Rehabilitation and Em- purposes; to the Committee on Transpor- WEINER, Mrs. MCCARTHY of New ployment Program — Periods of Eligibility tation and Infrastructure. York, Ms. SLAUGHTER, Ms. SCHWARTZ, (RIN: 2900-AM84) received January 19, 2010, By Mr. LAMBORN (for himself and Mr. Mr. ISRAEL, Mr. HASTINGS of Florida, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- COFFMAN of Colorado): and Mrs. LOWEY): mittee on Veterans’ Affairs. H.R. 4716. A bill to prohibit the further ex- H.R. 4727. A bill to amend title 18, United 6347. A letter from the Grants Management tension or establishment of national monu- States Code, to place limitations on the pos- Officer, DHS Office of Grants Policy & Over- ments in Colorado, except by express author- session, sale, and other disposition of a fire- sight, Department of Homeland Security, ization of Congress; to the Committee on arm by persons convicted of misdemeanor transmitting the Department’s final rule — Natural Resources. sex offenses against children; to the Com- Department of Homeland Security Imple- By Mrs. LUMMIS (for herself, Ms. mittee on the Judiciary. mentation of OMB Guidance on Nonprocure- HERSETH SANDLIN, and Mr. BISHOP of By Ms. ROS-LEHTINEN (for herself, ment Debarment and Suspension [Docket Utah): Mr. MCCOTTER, Mr. GALLEGLY, Mr. No.: DHS-2007-0006] (RIN: 1601-AA46) received H.R. 4717. A bill to require the Attorney ROYCE, Mr. WILSON of South Caro- January 14, 2010, pursuant to 5 U.S.C. General of the United States to compile, and lina, Mr. INGLIS, Mrs. MYRICK, and 801(a)(1)(A); to the Committee on Homeland make publically available, certain data re- Mr. MASSA): Security. lating to the Equal Access to Justice Act, H.R. 4728. A bill to authorize assistance to 6348. A letter from the Acting Director, In- and for other purposes; to the Committee on promote counter-extremism efforts in the frastructure Security Compliance Division, the Judiciary. Balkan region, and for other purposes; to the Department of Homeland Security, transmit- By Mrs. BONO MACK: Committee on Foreign Affairs. ting the Department’s final rule — Appendix H.R. 4718. A bill to amend the Internal Rev- By Ms. LINDA T. SA´ NCHEZ of Cali- to Chemical Facility Anti-Terrorism Stand- enue Code of 1986 to suspend the taxation of fornia: ards [DHS-2006-0073] (RIN: 1601-AA41) re- unemployment compensation for 3 years; to H.R. 4729. A bill to clarify the situations in ceived January 13, 2010, pursuant to 5 U.S.C. the Committee on Ways and Means. which a corporation may be treated as a per- 801(a)(1)(A); to the Committee on Homeland By Mr. RODRIGUEZ (for himself, Mr. son under Federal law; to the Committee on Security. CUELLAR, Mr. TEAGUE, Mr. GRIJALVA, House Administration, and in addition to the 6349. A letter from the Secretary, Depart- Mr. HINOJOSA, and Mr. REYES): Committee on the Judiciary, for a period to ment of Health and Human Services, trans- H.R. 4719. A bill to establish a Southwest be subsequently determined by the Speaker, mitting the Department’s report on the Border Region Water Task Force; to the in each case for consideration of such provi- Demonstration of Coverage of Chiropractic Committee on Natural Resources. sions as fall within the jurisdiction of the Services under Medicare; jointly to the Com- By Mrs. KIRKPATRICK of Arizona: committee concerned. mittees on Energy and Commerce and Ways H.R. 4720. A bill to provide for a 5 percent By Mr. SCHAUER: and Means. reduction in the rates of basic pay for Mem- H.R. 4730. A bill to amend the Internal Rev- 6350. A letter from the Acting Assistant Di- bers of Congress; to the Committee on House enue Code of 1986 to allow employers a re- rector, Directives and Regulations Branch, Administration, and in addition to the Com- fundable credit for increasing employment; ORMS, Department of Agriculture, transmit- mittee on Oversight and Government Re- to the Committee on Ways and Means. ting the Department’s final rule — National form, for a period to be subsequently deter- By Ms. WATSON: Forest System Land and Resource Manage- mined by the Speaker, in each case for con- H.R. 4731. A bill to amend title XIX of the ment Planning (RIN: 0596-AB86) received sideration of such provisions as fall within Social Security Act to ensure access to January 19, 2010, pursuant to 5 U.S.C. the jurisdiction of the committee concerned. resin-based dental fillings that, at a min- 801(a)(1)(A); jointly to the Committees on By Mr. BISHOP of New York: imum, is equal to the level of access to mer- Natural Resources and Agriculture. H.R. 4721. A bill to direct the United States cury-based dental fillings under such title; to 6351. A letter from the Administrator, De- Postal Service to designate a single, unique the Committee on Energy and Commerce. partment of Homeland Security, transmit- ZIP Code for Flanders, New York; to the By Ms. WATSON: ting the Department’s report on the Prelimi- Committee on Oversight and Government H.R. 4732. A bill to amend the Federal nary Damage Assessment information on Reform. Food, Drug, and Cosmetic Act to create a

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new conditional approval system for drugs, By Mr. BRIGHT (for himself, Mr. Ms. TSONGAS, Mr. SNYDER, Mrs. biological products, and devices that is re- BISHOP of Georgia, Mr. BOYD, Ms. LOWEY, Mr. PRICE of North Carolina, sponsive to the needs of seriously ill pa- HERSETH SANDLIN, Mr. HILL, Mr. PAT- Mr. PLATTS, Mr. VAN HOLLEN, Mr. tients, and for other purposes; to the Com- RICK J. MURPHY of Pennsylvania, Mr. MURPHY of New York, Mr. MORAN of mittee on Energy and Commerce, and in ad- BARROW, Mr. MELANCON, Mr. Virginia, Ms. ZOE LOFGREN of Cali- dition to the Committee on Ways and Means, CHILDERS, Mr. MINNICK, Mr. BOSWELL, fornia, Mr. OLSON, Mr. JONES, Ms. for a period to be subsequently determined Mr. COOPER, Ms. MARKEY of Colorado, WOOLSEY, Ms. HARMAN, Mr. BRADY of by the Speaker, in each case for consider- Mr. SALAZAR, Mr. TAYLOR, Mr. Texas, and Mr. ROE of Tennessee): ation of such provisions as fall within the ju- THOMPSON of California, Mr. MCIN- H. Res. 1128. A resolution thanking Van- risdiction of the committee concerned. TYRE, Mr. MOORE of Kansas, Mr. couver for hosting the world during the 2010 By Ms. WATSON (for herself and Mr. MATHESON, Mr. TANNER, Mr. BOREN, Winter Olympics and honoring the athletes GALLEGLY): Mr. ELLSWORTH, Mr. ROSS, Mr. from Team USA; to the Committee on For- H.R. 4733. A bill to promote the well-being BERRY, Mr. DAVIS of Tennessee, Mr. eign Affairs. of farm animals by requiring Federal agen- MICHAUD, Mr. DONNELLY of Indiana, By Mr. COFFMAN of Colorado: cies to procure food products derived from Ms. HARMAN, Mr. KRATOVIL, Mr. MAR- H. Res. 1129. A resolution expressing the certain animals only from sources that SHALL, Ms. GIFFORDS, Mr. NYE, Mr. sense of the House that the Secretary of the raised the animals free from cruelty and CARDOZA, Mr. WILSON of Ohio, Mr. Treasury should direct the United States Ex- abuse, and for other purposes; to the Com- CUELLAR, and Mr. COSTA): ecutive Directors to the International Mone- mittee on Oversight and Government Re- H.J. Res. 78. A joint resolution proposing a tary Fund and the World Bank to use the form, and in addition to the Committee on balanced budget amendment to the Constitu- voice and vote of the United States to oppose Agriculture, for a period to be subsequently tion of the United States; to the Committee making any loans to the Government of An- determined by the Speaker, in each case for on the Judiciary. tigua and Barbuda until that Government consideration of such provisions as fall with- By Mr. GINGREY of Georgia: cooperates with the United States and com- in the jurisdiction of the committee con- H. Con. Res. 244. Concurrent resolution ex- pensates the victims of the Stanford Finan- cerned. pressing support for the designation of cial Group fraud; to the Committee on Fi- By Ms. WOOLSEY (for herself and Mr. March 20 as a National Day of Recognition nancial Services. PLATTS): for Long-Term Care Physicians; to the Com- By Mr. FRANK of Massachusetts (for H.R. 4734. A bill to amend the Richard B. mittee on Oversight and Government Re- himself, Mr. MCGOVERN, Mr. TIERNEY, Russell National School Lunch Act to pro- form. Mr. OLVER, Mr. COSTA, Mr. LANGEVIN, vide children from underserved areas with By Mr. LANCE (for himself and Mr. Mr. CARDOZA, Mr. LYNCH, and Mr. better access to meals served through the HOLT): NUNES): summer food service program for children H. Con. Res. 245. Concurrent resolution rec- H. Res. 1130. A resolution expressing sup- and certain child care programs; to the Com- ognizing the life-saving role of ostomy care mittee on Education and Labor. port for the people affected by the natural and prosthetics in the daily lives of hundreds disasters on Madeira Island; to the Com- By Mr. BARTON of Texas (for himself, of thousands of people in the United States; mittee on Foreign Affairs. Mr. AKIN, Mrs. BACHMANN, Mr. BACH- to the Committee on Energy and Commerce, By Ms. FUDGE: US, Mr. BARRETT of South Carolina, and in addition to the Committee on Ways H. Res. 1131. A resolution expressing sup- Mr. BARTLETT, Mrs. BLACKBURN, Mr. and Means, for a period to be subsequently port for designation of the week of April 18, BLUNT, Mr. BOEHNER, Mrs. BONO determined by the Speaker, in each case for 2010, through April 23, 2010, as National As- MACK, Mr. BOOZMAN, Mr. BOUSTANY, consideration of such provisions as fall with- sistant Principals Week; to the Committee Mr. BRADY of Texas, Mr. BROUN of in the jurisdiction of the committee con- on Education and Labor. Georgia, Mr. BURGESS, Mr. BURTON of cerned. By Mr. HEINRICH (for himself, Mr. Indiana, Mr. BUYER, Mr. CALVERT, By Mr. PERRIELLO (for himself, Mr. TEAGUE, and Mr. LUJA´ N): Mr. CANTOR, Mrs. CAPITO, Mr. OBERSTAR, Mr. DEFAZIO, Mr. H. Res. 1132. A resolution honoring the CARTER, Mr. CASSIDY, Mr. CHAFFETZ, COSTELLO, Ms. NORTON, Ms. CORRINE USS New Mexico as the sixth Virginia-class Mr. CONAWAY, Mr. CULBERSON, Mr. BROWN of Florida, Ms. EDDIE BERNICE submarine commissioned by the U.S. Navy DAVIS of Kentucky, Ms. FALLIN, Mr. JOHNSON of Texas, Mr. CUMMINGS, Mr. to protect and defend the United States; to FLAKE, Mr. FLEMING, Mr. GALLEGLY, CARNEY, Mr. COHEN, Mr. GARAMENDI, the Committee on Armed Services. Mr. GINGREY of Georgia, Mr. Mr. HARE, Mr. HOLDEN, Mrs. By Ms. EDDIE BERNICE JOHNSON of GOHMERT, Mr. GRAVES, Mr. GRIFFITH, NAPOLITANO, Ms. RICHARDSON, Mr. Texas (for herself, Mr. DAVIS of Illi- Mr. HALL of Texas, Mr. HASTINGS of SIRES, Mr. CAPUANO, Mr. BISHOP of nois, Mr. LIPINSKI, Ms. FUDGE, Mr. Washington, Mr. HERGER, Mr. HOEK- New York, Mr. FILNER, and Ms. GRAYSON, Ms. WATSON, Ms. MOORE of STRA, Mr. ISSA, Ms. JENKINS, Mr. JOR- TITUS): Wisconsin, Mr. BARROW, Mr. COHEN, DAN of Ohio, Mr. KING of Iowa, Mr. H. Res. 1125. A resolution supporting the Mr. MEEK of Florida, Mr. HARE, Ms. KLINE of Minnesota, Mr. LATTA, Mr. goals and ideals of National Public Works NORTON, Mrs. CHRISTENSEN, and Mr. LEWIS of California, Mr. LUCAS, Mr. Week, and for other purposes; to the Com- KISSELL): LUETKEMEYER, Mr. MANZULLO, Mr. mittee on Transportation and Infrastruc- H. Res. 1133. A resolution recognizing the MCCARTHY of California, Mr. ture. extraordinary number of African-Americans MCCAUL, Mr. MCCOTTER, Mr. By Mr. DOGGETT (for himself, Mr. who have overcome significant obstacles to MCHENRY, Mrs. MCMORRIS RODGERS, CLYBURN, Mr. RANGEL, Mr. LEWIS of enhance innovation and competitiveness in Mrs. MILLER of Michigan, Mr. GARY Georgia, Mr. MCDERMOTT, Mr. NEAL the field of science in the United States; to G. MILLER of California, Mr. TIM of Massachusetts, Mr. TOWNS, Mr. the Committee on Science and Technology. MURPHY of Pennsylvania, Mr. BLUMENAUER, Mr. KIND, Mr. By Mr. MCCAUL (for himself and Mr. NEUGEBAUER, Mr. NUNES, Mr. OLSON, PASCRELL, Mr. DAVIS of Illinois, Ms. WALZ): Mr. PENCE, Mr. PITTS, Mr. PRICE of LINDA T. SA´ NCHEZ of California, Mr. H. Res. 1134. A resolution mourning the Georgia, Mr. ROGERS of Alabama, Mr. LYNCH, Mr. SERRANO, Mr. GONZALEZ, loss of Vernon Hunter and honoring the serv- ROGERS of Kentucky, Mr. ROGERS of Mr. WALZ, Ms. EDDIE BERNICE JOHN- ice of Robin De Haven and the first respond- Michigan, Mr. ROHRABACHER, Mr. SON of Texas, Mr. CUELLAR, and Mr. ers to the attack on the Internal Revenue SCALISE, Mr. SENSENBRENNER, Mr. ORTIZ): Service in Austin, Texas; to the Committee SESSIONS, Mr. SHADEGG, Mr. SHIMKUS, H. Res. 1127. A resolution expressing con- on Ways and Means. Mr. SHUSTER, Mr. SIMPSON, Mr. SMITH cern regarding the suicide plane attack on of Nebraska, Mr. SMITH of Texas, Mr. Internal Revenue Service employees in Aus- f STEARNS, Mr. SULLIVAN, Mr. TERRY, tin, Texas; to the Committee on Ways and Mr. THOMPSON of Pennsylvania, Mr. Means. ADDITIONAL SPONSORS THORNBERRY, Mr. UPTON, Mr. WEST- By Mrs. DAVIS of California (for her- Under clause 7 of rule XII, sponsors self, Mr. FLAKE, Mr. DONNELLY of In- MORELAND, Mr. WHITFIELD, Mrs. were added to public bills and resolu- MYRICK, Mr. WILSON of South Caro- diana, Mr. COURTNEY, Mr. LANCE, Mr. tions as follows: lina, Mr. YOUNG of Alaska, Mr. PAUL, Mr. HARE, Mr. COBLE, Mr. BISHOP of Utah, Mrs. EMERSON, Mr. MOORE of Kansas, Mr. BOSWELL, Mr. H.R. 55: Mr. HINCHEY. GOODLATTE, Mr. LINDER, Mr. MORAN NYE, Mr. BOREN, Mr. MARSHALL, Mrs. H.R. 208: Mr. RAHALL. of Kansas, and Mr. ROE of Tennessee): LUMMIS, Mr. MELANCON, Mr. ARCURI, H.R. 227: Mr. MORAN of Kansas. H.J. Res. 77. A joint resolution dis- Ms. HIRONO, Mr. ELLSWORTH, Ms. H.R. 272: Mr. SMITH of Texas. approving a rule submitted by the Environ- WASSERMAN SCHULTZ, Mr. PASTOR of H.R. 297: Mr. WALZ. mental Protection Agency relating to the Arizona, Ms. GIFFORDS, Ms. SLAUGH- H.R. 412: Mrs. LOWEY. endangerment finding and the cause or con- TER, Mr. MITCHELL, Mrs. CAPPS, Mr. H.R. 417: Ms. NORTON. tribute findings for greenhouse gases under BOUSTANY, Mr. GRIFFITH, Mr. DAVIS H.R. 442: Mr. BOYD. section 202(a) of the Clean Air Act; to the of Kentucky, Mr. FARR, Ms. MCCOL- H.R. 450: Ms. JENKINS. Committee on Energy and Commerce. LUM, Ms. ROYBAL-ALLARD, Ms. CHU, H.R. 537: Mr. DAVIS of Kentucky.

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H.R. 557: Mr. GRIFFITH, Ms. JENKINS, and H.R. 3070: Ms. SHEA-PORTER. H.R. 4545: Mr. PERRIELLO and Mr. THOMP- Mr. ROGERS of Alabama. H.R. 3116: Mr. WILSON of Ohio. SON of Mississippi. H.R. 572: Ms. NORTON. H.R. 3178: Ms. GIFFORDS. H.R. 4551: Mr. LATOURETTE. H.R. 658: Mr. MARSHALL. H.R. 3380: Mr. RAHALL, Mr. ROHRABACHER, H.R. 4554: Mr. KAGEN. Ms. SHEA-PORTER, Ms. CORRINE BROWN of H.R. 667: Mr. OWENS and Mr. COURTNEY. H.R. 4557: Ms. NORTON and Ms. Florida, Mr. MCGOVERN, Mr. COHEN, Mr. STU- H.R. 673: Mr. YOUNG of Alaska. SCHAKOWSKY. H.R. 675: Mr. YOUNG of Alaska. PAK, Mr. ISSA, Mr. EHLERS, Ms. WOOLSEY, Mr. H.R. 4564: Ms. SHEA-PORTER, Mr. BACA, Ms. H.R. 690: Mr. KIND. MEEKS of New York, Mr. BILBRAY, Ms. JACK- ROYBAL-ALLARD, Mrs. LOWEY, Mr. ANDREWS, H.R. 734: Mr. TIM MURPHY of Pennsylvania, SON LEE of Texas, Mrs. LOWEY, Mr. MARKEY Mr. WU, Ms. KAPTUR, Mr. WATT, Ms. FUDGE, Mr. KIRK, Mr. SHERMAN, Ms. SPEIER, Mr. of Massachusetts, and Mrs. MCCARTHY of Ms. BALDWIN, Ms. JACKSON LEE of Texas, Mr. MITCHELL, and Ms. CHU. New York. SCOTT of Virginia, Mr. SCHIFF, Mrs. DAVIS of H.R. 795: Mr. CUMMINGS. H.R. 3415: Mr. GORDON of Tennessee and Mr. California, Mr. BERMAN, Mr. JACKSON of Illi- H.R. 832: Mr. WEINER. WHITFIELD. nois, Ms. BORDALLO, Mr. HINCHEY, Mr. H.R. 919: Mr. WEINER. H.R. 3464: Mr. HOLDEN and Mr. OBEY. OLVER, Mr. CONYERS, Ms. CLARKE, Ms. KIL- H.R. 946: Ms. NORTON. H.R. 3488: Mr. MOORE of Kansas. PATRICK of Michigan, Mr. ENGEL, Mr. GEORGE H.R. 949: Mr. SCOTT of Virginia. H.R. 3502: Mr. DRIEHAUS, Mr. COURTNEY, MILLER of California, Ms. DELAURO, Mr. CLY- H.R. 994: Mr. MCKEON. and Mr. OLVER. BURN, Mr. LOEBSACK, and Ms. NORTON. H.R. 1039: Mr. GERLACH. H.R. 3526: Ms. NORTON. H.R. 4572: Mr. WHITFIELD. H.R. 1074: Mr. SAM JOHNSON of Texas, Mr. H.R. 3586: Mrs. SCHMIDT. RAHALL, and Mr. GARRETT of New Jersey. H.R. 3656: Ms. ZOE LOFGREN of California. H.R. 4573: Ms. BERKLEY, Ms. SCHAKOWSKY, H.R. 1083: Mr. ELLSWORTH. H.R. 3657: Ms. SHEA-PORTER. Mr. JACKSON of Illinois, Mr. GUTIERREZ, Mr. H.R. 1085: Mr. TIBERI. H.R. 3721: Mr. BOSWELL. GRIJALVA, Mr. GARAMENDI, Mr. MOORE of H.R. 1126: Mr. WEINER. H.R. 3758: Mr. BOUCHER. Kansas, Mr. OBERSTAR, Mr. HINOJOSA, Mr. H.R. 1137: Mr. LUCAS. H.R. 3764: Ms. WASSERMAN SCHULTZ, Mr. STARK, Mr. CAPUANO, Ms. NORTON, Ms. H.R. 1175: Mr. MCGOVERN. WELCH, and Mr. WAXMAN. SPEIER, Mr. RUSH, Mr. SCOTT of Virginia, Mr. H.R. 1177: Mr. HEINRICH. H.R. 3765: Mr. GUTHRIE. CROWLEY, and Mr. CLAY. H.R. 1203: Mr. CARDOZA and Mr. SCOTT of H.R. 3790: Mr. GINGREY of Georgia, Mr. H.R. 4601: Mr. WU, Mr. KING of New York, Virginia. SPACE, and Mr. NUNES. and Ms. SCHAKOWSKY. H.R. 1204: Mr. FORTENBERRY. H.R. 3813: Mr. BOREN. H.R. 4616: Mr. FILNER. H.R. 3943: Ms. BALDWIN and Mr. LARSON of H.R. 1205: Ms. DELAURO, Mr. KLEIN of Flor- H.R. 4629: Mr. STUPAK. Connecticut. ida, and Mr. GUTIERREZ. H.R. 4630: Mr. HIMES. H.R. 3990: Mr. YOUNG of Alaska. H.R. 1206: Mr. KLINE of Minnesota. H.R. 4001: Ms. MATSUI and Mr. GARAMENDI. H.R. 4638: Mr. BISHOP of Georgia. H.R. 1208: Mr. PITTS and Mr. LEE of New H.R. 4028: Mr. MICHAUD. H.R. 4640: Mr. MANZULLO, Mr. HEINRICH, York. H.R. 4036: Ms. LEE of California. and Mr. OLSON. H.R. 1210: Mr. EHLERS. H.R. 4091: Ms. WASSERMAN SCHULTZ and Ms. H.R. 4647: Mr. KIRK, Mr. MCGOVERN, Mr. H.R. 1240: Mr. ADERHOLT, Mr. BISHOP of ROS-LEHTINEN. ROTHMAN of New Jersey, Mr. JOHNSON of Utah, Mr. HARPER, and Mr. CHANDLER. H.R. 4109: Ms. NORTON. Georgia, Mrs. LOWEY, and Mr. TANNER. H.R. 1283: Ms. BORDALLO. H.R. 4128: Mr. CAPUANO and Mr. FARR. H.R. 4648: Mr. CANTOR and Mr. BOEHNER. H.R. 1305: Mr. PASTOR of Arizona. H.R. 4149: Mr. GRIJALVA. H.R. 1314: Mr. BACA. H.R. 4649: Mr. SHULER, Mr. BURTON of Indi- H.R. 4189: Mr. HELLER. H.R. 1340: Mr. OLVER. ana, Mr. WOLF, and Mr. KIRK. H.R. 4190: Mrs. CAPPS. ARAMENDI H.R. 4662: Mr. PAUL. H.R. 1409: Mr. G . H.R. 4196: Mr. JOHNSON of Georgia. H.R. 4674: Mr. HOLDEN. H.R. 1526: Ms. JACKSON LEE of Texas, Mr. H.R. 4197: Mr. DEFAZIO. BOREN, and Mr. WAXMAN. H.R. 4202: Mr. MAFFEI, Mr. ROTHMAN of H.R. 4678: Mr. GARAMENDI and Mr. DAVIS of H.R. 1547: Mr. RUPPERSBERGER. New Jersey, and Mr. STARK. Tennessee. H.R. 1552: Mr. BARTON of Texas. H.R. 4203: Ms. CASTOR of Florida. H.R. 4684: Mr. PALLONE. H.R. 1618: Ms. CHU. H.R. 4241: Ms. TITUS, Mr. TOWNS, Mr. HIN- H.R. 4690: Mrs. CAPPS and Mr. CLEAVER. H.R. 1670: Mr. MILLER of North Carolina. CHEY, and Mr. COOPER. H.R. 4692: Mr. HINCHEY and Mr. KISSELL. H.R. 1681: Mr. MURPHY of Connecticut. H.R. 4255: Mr. BARRETT of South Carolina H.R. 4693: Ms. NORTON, Mr. MCGOVERN, Mr. H.R. 1775: Ms. NORTON. and Mr. KAGEN. LUETKEMEYER, Mr. WILSON of South Caro- H.R. 1778: Ms. MARKEY of Colorado and Mr. H.R. 4274: Ms. JACKSON LEE of Texas, Ms. lina, Mrs. MCMORRIS RODGERS, Ms. GIF- TAYLOR. SCHAKOWSKY, and Ms. NORTON. FORDS, Mr. FILNER, Mr. KISSELL, Mr. H.R. 1806: Mr. ISRAEL and Ms. RICHARDSON. H.R. 4278: Mr. MCDERMOTT. COURTNEY, Mr. KENNEDY, and Ms. MCCOLLUM. H.R. 1826: Ms. KILROY. H.R. 4301: Mr. BLUMENAUER. H.R. 4700: Mr. ANDREWS, Mr. WU, Mr. GRAY- H.R. 1836: Ms. GIFFORDS. H.R. 4309: Mr. KAGEN. SON, Mr. POLIS, Mr. SMITH of Washington, H.R. 1844: Ms. BORDALLO. H.R. 4321: Mr. ACKERMAN. Mr. MICHAUD, Mr. YARMUTH, Mr. HARE, Mr. H.R. 2000: Mr. INGLIS, Mr. WU, Mr. H.R. 4329: Mr. GOODLATTE. KUCINICH, Ms. SCHAKOWSKY, Mr. CONYERS, COSTELLO, Mr. OLVER, Mr. LOBIONDO, Mr. H.R. 4343: Mr. LEWIS of Georgia and Ms. Mr. LARSON of Connecticut, Mr. KENNEDY, HINCHEY, Mr. CASTLE, Mr. ENGEL, and Mr. CLARKE. Mr. PETERSON, and Mr. DAVIS of Tennessee. KING of New York. H.R. 4386: Mr. WAXMAN. H.R. 4705: Mr. GRAVES. H.R. 2006: Mr. SCHAUER. H.R. 4400: Ms. RICHARDSON, Ms. DELAURO, H.R. 4710: Mr. MEEK of Florida. H.R. 2030: Mr. MARKEY of Massachusetts. Mr. MOORE of Kansas, Ms. MARKEY of Colo- H.J. Res. 43: Mr. MACK. H.R. 2085: Mr. KANJORSKI. rado, Ms. NORTON, and Mr. DOGGETT. H.R. 2112: Mr. LEE of New York. H.R. 4404: Ms. MOORE of Wisconsin, Ms. H.J. Res. 74: Mr. WELCH and Mr. RYAN of H.R. 2149: Mr. MARKEY of Massachusetts. CORRINE BROWN of Florida, Ms. NORTON, Mr. Ohio. H.R. 2159: Mr. QUIGLEY. AL GREEN of Texas, Mr. RUSH, Mr. BARROW, H.J. Res. 76: Mr. BERRY, Mr. BISHOP of H.R. 2160: Mr. REHBERG. Mr. SABLAN, Mr. FILNER, and Mr. BACA. Georgia, Mr. BOSWELL, Mr. HOLDEN, Mr. TAY- H.R. 2254: Mr. HILL and Mr. WU. H.R. 4405: Mr. GEORGE MILLER of California LOR, and Mr. BRIGHT. H.R. 2324: Ms. WATERS. and Mr. PRICE of North Carolina. H. Res. 111: Mr. MCGOVERN, Mr. CANTOR, H.R. 2377: Mr. ROGERS of Michigan. H.R. 4413: Mr. POLIS. and Mr. THOMPSON of Pennsylvania. H.R. 2378: Mr. TURNER. H.R. 4420: Mr. DOYLE. H. Res. 362: Ms. MOORE of Wisconsin. H.R. 2382: Mr. RAHALL. H.R. 4446: Mr. GRIJALVA. H. Res. 615: Mr. MCCOTTER. H.R. 2478: Mr. WELCH. H.R. 4465: Mr. COURTNEY. H. Res. 699: Mr. TIAHRT and Mr. SNYDER. H.R. 2555: Mr. BACA. H.R. 4477: Mr. HINCHEY, Mr. ROTHMAN of H. Res. 704: Mr. BACHUS, Mr. GUTHRIE, Mr. H.R. 2565: Mr. KAGEN. New Jersey, Ms. SCHWARTZ, Mr. ELLISON, Mr. BAIRD, Mr. TIM MURPHY of Pennsylvania, Mr. H.R. 2567: Mr. LARSEN of Washington. PAUL, and Mr. COHEN. SOUDER, Mr. RYAN of Ohio, Mr. KIRK, Mr. H.R. 2754: Mr. WELCH. H.R. 4488: Mr. YOUNG of Alaska. EHLERS, Mr. MAFFEI, Mr. KILDEE, Mr. H.R. 2782: Mr. HEINRICH. H.R. 4497: Mr. KISSELL, Ms. HERSETH SCHAUER, Ms. TSONGAS, and Mr. SCHIFF. H.R. 2799: Mr. PLATTS, Mr. TERRY, and Mr. SANDLIN, and Mr. KILDEE. H. Res. 747: Mr. SNYDER. NYE. H.R. 4509: Mr. GENE GREEN of Texas. H. Res. 764: Mr. MARKEY of Massachusetts. H.R. 2824: Mr. LEE of New York. H.R. 4529: Mr. PAULSEN and Mr. INGLIS. H.R. 2842: Mr. GINGREY of Georgia. H.R. 4530: Ms. TITUS. H. Res. 812: Mr. SNYDER and Mr. GONZALEZ. H.R. 2859: Mr. FARR. H.R. 4537: Mr. FILNER, Mr. GRIJALVA, Mr. H. Res. 925: Mrs. MILLER of Michigan. H.R. 2891: Mr. DEFAZIO, Mr. COURTNEY, Mr. HIMES, Mr. HOLT, Mr. MILLER of North Caro- H. Res. 936: Mr. MURPHY of New York and ARCURI, and Mr. HASTINGS of Florida. lina, Ms. ROYBAL-ALLARD, Mr. PASCRELL, and Mr. SMITH of Washington. H.R. 2969: Ms. DELAURO. Mr. PAYNE. H. Res. 947: Mr. FILNER. H.R. 2976: Mrs. CAPPS. H.R. 4541: Mr. OWENS, Mr. COURTNEY, and H. Res. 989: Mr. GRIJALVA and Mrs. H.R. 3048: Ms. SCHAKOWSKY. Mrs. NAPOLITANO. MALONEY.

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VerDate Nov 24 2008 05:04 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\A02MR7.044 H02MRPT1 smartinez on DSKB9S0YB1PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 111 CONGRESS, SECOND SESSION

Vol. 156 WASHINGTON, TUESDAY, MARCH 2, 2010 No. 28 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING Ms. COLLINS. Thank you, Madam called to order by the Honorable PRESIDENT PRO TEMPORE President, and I thank the distin- JEANNE SHAHEEN, a Senator from the The PRESIDING OFFICER. The guished Democratic leader. State of New Hampshire. clerk will please read a communication f to the Senate from the President pro PRAYER UNANIMOUS-CONSENT REQUEST— tempore (Mr. BYRD). H.R. 4691 The PRESIDING OFFICER. Today’s The legislative clerk read the fol- opening prayer will be offered by our lowing letter: Ms. COLLINS. Madam President, on guest Chaplain, Rev. John L. Beaver, my own behalf and on behalf of numer- U.S. SENATE, ous members of the Republican caucus who is the national chaplain for the PRESIDENT PRO TEMPORE, American Legion. Washington, DC, March 2, 2010. who have expressed concerns to me, I The guest Chaplain offered the fol- To the Senate: ask unanimous consent that the Sen- lowing prayer: Under the provisions of rule I, paragraph 3, ate proceed to the immediate consider- Let us pray. of the Standing Rules of the Senate, I hereby ation of H.R. 4691, with 1 hour of debate appoint the Honorable JEANNE SHAHEEN, a equally divided between the leaders or Almighty Father, we thank You for Senator from the State of New Hampshire, their designees, and that following the life, truth, and love which comes from to perform the duties of the Chair. use or yielding back of time, the bill be You, for love because it embraces all of ROBERT C. BYRD, read a third time and the Senate pro- us and for Your comforting assurance President pro tempore. ceed to a vote on passage. that You are guiding our great Nation. Mrs. SHAHEEN thereupon assumed Madam President, this is the House- We humbly ask for Your light of wis- the chair as Acting President pro tem- passed bill that extends for 30 days the dom to be given to each Member of the pore. following expiring provisions: unem- Senate so that they may discern what f ployment insurance, which is so impor- is truth from error. Guide and direct tant to those who are struggling—there our beloved Senators from across this RECOGNITION OF THE MAJORITY are 500 Mainers whose benefits expired Nation with a compassionate heart in LEADER on Sunday; the COBRA health insur- making difficult decisions. Father, The ACTING PRESIDENT pro tem- ance extension subsidies for the unem- help us to learn and to know Your will pore. The majority leader is recog- ployed; important flood insurance; in all things. nized. highway funding; small business loans; Lord, we ask for Your protective Mr. REID. Madam President, I sug- the provisions of the American Recov- shield around our military men and gest the absence of a quorum. ery Act that include those small busi- women. Be with their families as they The ACTING PRESIDENT pro tem- ness loan provisions; the doctors fix. If wait eagerly for their safe return and pore. The clerk will call the roll. we do not act, physicians all across give comfort to our wounded warriors The legislative clerk proceeded to this country are going to have a 21-per- in body, mind, and spirit. Comfort call the roll. cent cut in their Medicare reimburse- those who are now grieving the loss of Mr. REID. Madam President, I ask ments. their loved ones. unanimous consent that the order for I hope we can act together for the Bless all our veterans and military the quorum call be rescinded. American people. Again, I want to em- organizations who serve from their The ACTING PRESIDENT pro tem- phasize that this issue is so important hearts. Strengthen us in heart, mind, pore. Without objection, it is so or- to Senators on both sides of the aisle. and spirit as we serve You, our God, dered. Many of my colleagues have expressed and our beloved Nation. Amen. f concerns to me that this was not done last week when it should have been f ORDER OF BUSINESS done. So, Madam President, I do pro- Mr. REID. Madam President, I have a pose the unanimous-consent request. PLEDGE OF ALLEGIANCE few things to say, but it is my under- The ACTING PRESIDENT pro tem- The Honorable JEANNE SHAHEEN led standing that the distinguished Sen- pore. Is there objection? the Pledge of Allegiance, as follows: ator from Maine wishes to make a The majority leader is recognized. I pledge allegiance to the Flag of the unanimous-consent request, so I will Mr. REID. Reserving the right to ob- United States of America, and to the Repub- yield to her for that purpose. ject, Madam President, I appreciate lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- the efforts of my friend, the Senator indivisible, with liberty and justice for all. pore. The Senator from Maine. from Maine, and I would hope my

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

S897

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VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S898 CONGRESSIONAL RECORD — SENATE March 2, 2010 friend, the Senator from Kentucky, What is a filibuster? If you look in narrowest margin possible whether would reconsider. His point has been the dictionary, Madam President—this people want it or not—a raw exercise of made. It has been adequately made. I was handed to me by the distinguished legislative power that Senator BYRD, would hope he would let us proceed on Senator from Michigan, Ms. our resident Senate historian, has de- this because it is more than meets the STABENOW—if you look in the Oxford scribed within the last year as an un- eye. We have people lined up all over English Dictionary, a filibuster is a democratic outrage on a piece of legis- the country in unemployment lines ‘‘freebooter. One of a class of piratical lation this far-reaching. who would not be there but for this. adventurers who pillaged the Spanish Some on the other side are clearly I would also say it is broader than colonies in the West Indies during the worried about the consequences of tak- even that. As my friend mentioned, we 17th century.’’ A freebooter is ‘‘one ing such a drastic step. They are won- have problems with doctors who are who engages in unauthorized and irreg- dering whether they should risk the now refusing to take Medicare pa- ular warfare against foreign states. A full fury of the public by using these tients. pirate craft.’’ In the United States: ‘‘To extreme tactics to circumvent the will We have a bill that is on the floor obstruct progress in a legislative as- of their constituents. Democratic lead- now in which we are going to try to sembly; to practice obstruction.’’ That ers are telling them not to worry. They make a long-term decision soon on is what this is all about—to practice are telling them people will forget this. I have offered my friend from obstruction. We are not preventing a about the process once their plan be- Kentucky a right to vote on this—I vote. We are not preventing a vote. We comes law. Well, they are wrong. would be happy to have a vote on this— want a vote to take place. Americans are not going to forget if that it be paid for. But it is really not My friend from Kentucky has raised Democrats do this to their health care appropriate to object without even al- an issue. He thinks it should be paid system. lowing the Senate to work. We talk for. I believe it is an emergency, as it Wavering Democrats need to realize about voting. That is why we need to always has been when people are out of that there is a better way. Last week, vote. work for long periods of time. It is an the President and other Democrats ac- I say to my friend from Kentucky, emergency. We should be able to vote knowledged a number of areas of agree- you have made your point. You have on what the Senator feels is appro- ment between the two parties. These made it well. I understand how you feel priate; that is, that this be paid for, are the ideas that could form the solid that this should be paid for. The major- that it is not an emergency. These long basis of a fresh start on health care re- ity of the Senate disagrees with you. lines of people who are out of work is form. These are the ideas that could Let us either vote on that or withdraw not an emergency is what he believes. form the basis of the kind of step-by- your objection. step bipartisan reform Americans real- The ACTING PRESIDENT pro tem- I believe they are. I think it is terribly inappropriate ly want. pore. Is there objection? Americans do not want the one-party Mr. BUNNING. There is. I object. And that this filibuster is being conducted. bill Democrats in Washington are plan- let me—— And to even make it worse, Madam The ACTING PRESIDENT pro tem- President, we have people coming de- ning to force on them, or any variation pore. Objection is heard. fending my friend from Kentucky. I of it, and they do not want Democrats to push it through with even more f will defend him on a lot of things but not on this. I think it is very out of backroom deals. Americans are already SCHEDULE line. seething about the kinds of deals that Mr. REID. Madam President, fol- f were used to get the earlier version of lowing any leader remarks, there will this bill through Congress. The be a period of morning business for 1 RECOGNITION OF THE MINORITY ‘‘Cornhusker kickback’’ and the ‘‘Lou- hour, with Senators allowed to speak LEADER isiana purchase’’ became household ex- for up to 10 minutes each. The Repub- The ACTING PRESIDENT pro tem- pressions. But using reconciliation to licans will control the first half and pore. The Republican leader is recog- jam this health care plan through the majority will control the second nized. would make the ‘‘Cornhusker kick- half. Following morning business, the f back’’ look like an exercise in good Senate will turn to executive session to government. HEALTH CARE consider the nomination of Barbara Using reconciliation to fundamen- Keenan to be a U.S. circuit judge for Mr. MCCONNELL. Madam President, tally change the health care of every the Fourth Circuit, with the time until the American people have spoken loud- American would be one of the most 12:15 p.m. equally divided and con- ly and clearly on the issue of health brazen single-party power grabs in leg- trolled between Senators LEAHY and care reform. They overwhelmingly islative history. It would be the death SESSIONS or their designees. At 12:15 favor a plan that addresses our prob- of bipartisanship. And Americans will p.m., the Senate will proceed to a clo- lems step by step. They want a plan not stand for it. They know bills of this ture vote on the nomination. That will that lowers the cost of health care scope only work if they are done along be the first vote of the day, unless without expanding the role of govern- bipartisan lines. something comes up in the interim ment and without raising taxes or cut- Medicare and Medicaid were created that necessitates a vote. ting Medicare. They want us to focus with the support of about half the f on cost. members of the minority party. The Unfortunately, Democrats here in Voting Rights Act passed with 30 Re- UNEMPLOYMENT BENEFITS Washington either have not gotten the publican and 47 Democratic votes. Only Mr. REID. Madam President, just a message or they are ignoring it. We Six Senators voted against the Social few words on what has been happening know this because after a year of pro- Security Act. Only eight voted against here recently. Certainly, there is an tests, three statewide elections in New No Child Left Behind or the Americans emergency. Our economy is suffering. Jersey, Virginia, and Massachusetts, with Disabilities Act. Only 12 voted There is not a State that is not hurt- and the clear verdict of every public against the Welfare Reform Act. Big ing. Some States are hurting worse opinion survey, Democrats in Wash- bills are passed with big majorities, than others. This is a filibuster, and we ington are now planning one last-ditch and rarely has there been a bigger bill are in the middle of a very important effort to get their plan through Con- than that. So if ever there was a time piece of legislation. I do not think it gress and past the American people. not to depart from a bipartisan ap- would be appropriate to take 10 days— The sad fact is that Washington proach, it is now—right now. is what it would take, a week or 10 Democrats are so wedded to the notion Democrats are saying they want a days—to try to get a 30-day extension that they know better than the general simple up-or-down vote on health care. when we have all these other things public when it comes to health care What they want is to jam their vision that are waiting to be done that relate that they are about to reject any pre- of health care through Congress over directly to this. It just is not appro- tense of bipartisanship in order to jam the objections of a public they seem to priate. their plan through Congress by the think is too ill-informed to notice. If

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S899 they go ahead with this plan, they will under cloture and get his vote. He will will file cloture, fill the tree—by filling see how wrong they are. I know the ar- get his 60-plus votes and normal proce- the tree, that means the amendment gument has been made by the leaders dure will occur. That is the normal tree which allows the Republicans no on the other side: Let’s get this issue way to deal with this bill. alternatives but to vote for cloture or behind us; it will get better. If they Just so my colleagues understand not vote for cloture—and then, unfor- pass this, it will not be behind them; it that not all Americans feel the same as tunately, we have 30 hours of debate will be in front of them—right in front my dear friend from Maine and the ma- immediately following cloture. of them. Americans are engaged in this jority leader of the Senate, I am going UNANIMOUS-CONSENT REQUEST debate in a way I have never seen in to read a letter into the RECORD from a I am going to propose, one more my entire career here. They know ex- constituent of mine from Louisville. time, my unanimous-consent request. actly what is going on. They will make I am going to read it also because it Madam President, I ask unanimous sure their voices and their will is felt is very important people understand consent that the Senate proceed to the one way or another. there are other sides of this. immediate consideration of H.R. 4691; I yield the floor. Dear Senator Jim Bunning: that the amendment at the desk which I haven’t worked a full 40-hour week in f probably 2 years now, but I fully support offers a full offset be agreed to; the bill, as amended, be read for a third RESERVATION OF LEADER TIME your decision to stand up to those in Con- gress who want to do nothing more than to time and passed, and the motions to re- The ACTING PRESIDENT pro tem- spend the taxpayers’ money, even the money consider be laid upon the table. pore. Under the previous order, leader- they do not have, on unemployment exten- The ACTING PRESIDENT pro tem- ship time is reserved. sion benefits. pore. Is there objection? So far this year I have worked a total of Mr. REID. Madam President, reserv- f one week here in Louisville, Kentucky. My ing the right to object, I am sorry my MORNING BUSINESS employer is a sheet metal fabrication plant with its main headquarters based in Cin- friend from Kentucky has made this so The ACTING PRESIDENT pro tem- cinnati, Ohio. Normally the Louisville personal because it shouldn’t be the pore. Under the previous order, there branch would employ upwards of fifty people case, but let me review history a little will now be a period of morning busi- on any given day if business were good. Re- bit. ness for 1 hour, with the time equally cently that number has dwindled to about The Senator from Kentucky talks divided and controlled between the two four. about the bill we voted on and passed leaders or their designees, with the Re- This country is sooner or later going to implode because of the massive amount of last week as being very partisan. That publicans controlling the first half and debt run up over the past 40 to 50 years. Sell- bill received 70 votes. It was a very the majority controlling the final half. ing the Nation’s soul to countries like Com- nonpartisan bill. I should say it was a The Senator from Kentucky is recog- munist China in order to finance our life bipartisan bill. It received 70 votes. nized. style and allow the government to further Why did it receive 70 votes? Because it debase the currency is sheer lunacy. Throw- f did some great things for America. It ing away hundreds of billions of dollars so extended the highway bill for 1 year, BIPARTISANSHIP executives on Wall Street can keep their saving 1 million jobs. It gave small multi-million dollar bonuses while others in Mr. BUNNING. Madam President, I society worry about keeping the electricity businesses the right to write off $250,000 wish to respond to the Democratic on and their children fed only helps to move in purchases, stimulating small busi- leader, particularly in view of what my this country closer to a long overdue revolu- nesses all over America. It gave em- leader just said about bipartisanship. tion. The problem is by then we won’t even ployers the ability to hire people who It seems that last week there was a own it anymore. have been out of work for 60 days, and bipartisan agreement between the Politicians, on both sides, enjoy getting up if they hired them, they wouldn’t have members of the Finance Committee on in front of television cameras and talking to pay their FICA tax if they gave about their support of the ‘‘pay as you go’’ them 30 hours a week. Not only that, the very issue the Democratic leader plan, but when it comes down to actually spoke on. It was called the Baucus- doing what they say, they all run for cover they get a $1,000 tax credit at the end Grassley compromise bill. It never got and vote for anything they think will win of the year. This is a good proposal. We to the floor of the Senate. That was a them another vote or another term. Your also extended Build America Bonds, bipartisan bill that was set aside for a stance in holding them to their words and which are so important to the Amer- very partisan bill that Senator REID expecting them to actually do what they ican Recovery Act, and Democrats and brought to the floor and rammed voted for is a refreshing concept in an other- Republicans all over the country—Gov- through instead of the bipartisan bill, wise corrupt and hypocritical power base ernors, mayors, county commis- known as Washington, DC. sioners—loved that proposal. So it was which had all these extended benefits It is too bad Senator Mitch McConnell and included in it: extended unemployment some of the elected officials on your side of certainly not a partisan bill. He is benefits, COBRA health care assist- the aisle do not have your backbone or your right. The other bill he talked about ance, flood insurance, highway bill as- sense of decency when it comes to keeping wasn’t brought to the floor. I would sistance, the Medicare doc fix, small their promises to the American people. also say this. It was paid for. Not a business loans, distant network chan- For security’s sake, I am just going cent of deficit spending—not a cent. nel for rural satellite television, and to read his first name. It says: Sin- It is interesting my friend would talk other things. cerely, Robert, from Louisville. about pay-go. He voted against pay-go. It is hypocritical of the Democratic There is no doubt in anybody’s mind He is talking about pay-go now. He side of this aisle passing a pay-go bill. that I have supported extension of un- voted against it. He voted against it What does pay-go mean? It means you employment benefits, COBRA health right here on the Senate floor. If he so pay for the bills as they appear on the care benefits, flood insurance, the high- likes pay-go, why didn’t he vote for it? floor of the Senate. Then, to present a way bill. I was the one who proposed He voted against it. The Senator from bill that is not paid for or just paid for the Medicare doc fix on a permanent Kentucky voted against pay-go. It has a little bit—one-third of it is paid for— basis in the Finance Committee. I have no applicability to the jobs bill that and that was the Reid jobs bill he pre- supported small business loans and all passed because it was paid for. sented to us. Five billion dollars was the other things that are in this tem- The doc fix, he talks about having paid for; ten billion dollars was not. porary bill. voted for it in committee. He voted Then, immediately follows a UC, which I wish to set the record straight. The against it on the floor. is not—which is not—something we majority leader has all the tools in his So my friend is throwing around normally do. We have unanimous con- kit and he normally exercises them and words such as ‘‘hypocrite.’’ People can sents that are much different than I think he is about to do that on the make their own decision as to who is a this. This is a House bill they have bill currently before us, which we call hypocrite. I am not calling anyone a asked unanimous consent to proceed the large jobs bill. He soon will invoke hypocrite, although I am just stating on. Regular order could prevail and the cloture to cut off debate. He normally the facts: Someone who boasts about leader of this Senate could put this bill doesn’t even allow amendments. He the good of pay-go but votes against it

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S900 CONGRESSIONAL RECORD — SENATE March 2, 2010 and talks about the doc fix but votes the national debt as a result of what Both groups of Founders created new against it. happened during the Clinton years. nations and have been honored by suc- So I would think my friend from Ken- Pay-go was dismissed during the Bush cessive generations for creating leg- tucky should get a different historian years. acies of liberty. to help him with facts because they are My friend talks about the debt. He Of course, there were differences be- simply wrong, and I object. wants to make sure the debt doesn’t go tween the conventions of 1776 and 1836, The ACTING PRESIDENT pro tem- up. Where was he during the Bush between Philadelphia and Washington- pore. Objection is heard. years, with two unpaid-for wars, taxes on-the-Brazos. For one thing, the Tex- The Senator from Kentucky. unpaid for, running up trillions of dol- ans took action quickly. They adopted Mr. BUNNING. Madam President, I lars of red ink on the American people? their declaration on the second day of will only continue for 2 minutes. Why We tried to address that. We asked for their convention. They acted quickly would you vote for a bill when you a debt commission to be established. because they knew the forces of tyr- know it is not going to be honored? We did that by legislation on the floor. anny were already in the field and at Why would you vote for a bill you My friend didn’t vote for that. He that moment were trying to crush knew was going to be violated in the didn’t vote for pay-go. So we are trying their freedoms. first bill brought to the floor after you on the floor—we have legislation that Less than 200 miles to the west, passed it? As far as the doc fix is con- will resolve this issue. Santa Anna’s army was laying siege to cerned, I have a history with the doc What my friend said is a little un- the Alamo. Its young commander, Wil- fix that I don’t need to defend to the usual. He said why doesn’t the leader liam Barret Travis, had sent out an in- majority leader or to anybody in this file for cloture, use up a week or 10 spiring letter 6 days earlier. In it he body. Check with the Kentucky Med- days, waste that time, and then hold wrote: ical Association and all my doctors off getting to all of the other things. Fellow citizens and compatriots, I am be- whom I represent in Kentucky. That doesn’t make sense. It is without sieged by a thousand or more of the Mexi- I think the letter of the gentleman any sense, when, in fact, with the Sen- cans under Santa Anna. from Louisville states the facts better ator withdrawing his objection, we The enemy has demanded a surrender. . . . than I. We want a country where my 40 could get it done just like that. We otherwise, the garrison are to be put to the wouldn’t have to wait a week or 10 sword. . . . I have answered the demand with grandchildren have the same abilities I a cannon shot, and our flag still waves did growing up. We want a country days. He made his stand. I think he is proudly from the walls. I shall never sur- that doesn’t owe everybody in the wrong, as do the American people, and render or retreat. world for our existence. as do the people of Kentucky, in spite History tells us that death came to The question I have been asked most- of the letter from Robert. the defenders of the Alamo. But soon ly is: Why now? Well, why not now? Madam President, so that I don’t victory came for the people of Texas. What better time to stand than now, take advantage of my position as being On April 21 of that year, Sam Houston when the majority leader has the abil- leader, I ask unanimous consent that and about 900 Texas soldiers defeated ity to do exactly on this bill what he the time I consumed in my back and the much larger Mexican army at the has done on 25 bills in the last 5 forth with Senator BUNNING, which was battle of San Jacinto. By this victory, months: file cloture, fill the tree, and under Republican control, be charged Texans won the independence they had vote yea or nay, get the 60 votes, pass to leader time. declared less than 2 months earlier. the bill, and extend these temporary I wonder if the staff has heard wheth- Sam Houston, the commander of benefits. We may pass this other bill— er Senators SESSIONS and LEAHY wish those troops and commander in chief of I hope we do—that will extend them on to take the full hour of time. How the battle at San Jacinto, served as a a permanent basis for a year—until the much time does my friend from Texas Congressman from Tennessee, he end of the year, anyway. wish? served as Governor of Tennessee, and Mr. CORNYN. About 10 minutes. I think it is very important that peo- after the battle of San Jacinto, he went ple understand that I have the same Mr. REID. And the Senator from Tennessee is here. If we run into a on to be elected to the Republic of right he does. He was elected by the Texas and became one of the first Tex- people in Nevada, with fewer people shortage of time, we will be happy to try to work it out in some way with ans to serve in the Senate in the seat I than in Kentucky. So I have the same currently occupy. right as any other Senator here on the the minority. Mr. SCHUMER. Will the leader yield I believe that he and the other found- floor. It is not a filibuster when you ob- for a brief statement? ers of our Republic and of our great ject. That ought to be brought out Mr. REID. My friend from Texas has State would be proud of the 24 million clearly. A filibuster is when you stand been so very patient. Americans who call Texas home. They on this floor and you talk and talk and The ACTING PRESIDENT pro tem- would be proud that Texas remains a talk. I have not done that. pore. The Republicans control the land of opportunity, and that we are I yield the floor. time. outperforming the Nation in job cre- The ACTING PRESIDENT pro tem- The Senator from Texas is recog- ation. They would be proud of the fact pore. The majority leader is recog- nized. that Texas remains a welcoming State nized. f for pioneers of all stripes, and we have Mr. REID. Madam President, I know led the Nation in population growth my friends from Tennessee and Texas TEXAS INDEPENDENCE DAY over the last 2 years, as people have wish to speak, but I have to respond be- Mr. CORNYN. Madam President, I voted with their feet and moved to the cause I was mentioned again. I can’t want to take a few minutes to talk land of opportunity, otherwise known match, now or in the past, my friend’s about Texas Independence Day. On this as Texas. fast ball, his curve ball, or his 40 grand- day in 1836, delegates from 59 Texas They would be proud that even dur- children. But I do have 16 grand- settlements signed a declaration of ing a severe recession we continue to children. I do think it is important to their right to live in liberty, and to build businesses, raise families, and understand that the reasoning is a lit- take charge of their own destiny. make our communities even better tle unusual. He said I wouldn’t vote for The document they produced shares places to live. Just like the founding a bill that I thought would not be much in common with the Declaration generation, we are showing the world upheld at a later time, or procedures in signed in Philadelphia six decades ear- that, when faced with adversity, Tex- the bill not followed. I don’t know why lier. For example, both sets of Found- ans do not retreat, we reload. anyone is entitled to be the judge and ers believed in fundamental human In honor of the founders of the Re- jury when you pass legislation. And if rights, including the right to address public of Texas, and all who are free be- it is the law, there are ways of uphold- their government for grievances. cause of their vision and sacrifice, I ing that. Both groups of Founders insisted on say: God bless Texas and may God bless With pay-go, we have some experi- the obligation to change their form of the United States of America. ence. We know it works. It worked dur- government if it trampled on those I yield the floor and suggest the ab- ing the Clinton years. We paid down rights. sence of a quorum.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S901 The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- wrong with Washington, DC; that is be- pore. The clerk will call the roll. pore. The Senator from Kentucky. cause today one single Republican Sen- The legislative clerk proceeded to Mr. BUNNING. I wish to understand ator is standing in the way of the un- call the roll. what the Senator from New York is employment benefits of 400,000 Ameri- Mr. SCHUMER. Madam President, I trying to do. cans. One single Republican Senator is ask unanimous consent that the order Mr. SCHUMER. Will the Senator blocking an extension of COBRA bene- for the quorum call be rescinded; I ask yield? fits for 500,000 Americans. One single unanimous consent that we reserve the Mr. BUNNING. Sure. Republican Senator is forcing doctors Republican time and that I be able to Mr. SCHUMER. I am just trying to to take a 21-percent cut in Medicare re- speak for 2 minutes. equally divide the quorum call. I asked imbursement rates that could force The ACTING PRESIDENT pro tem- unanimous consent that I be allowed to seniors to be turned away from the pore. Without objection, it is so or- speak for 2 minutes. Medicare coverage on which they rely. dered. Mr. BUNNING. And that was granted. One single Republican Senator is f Mr. SCHUMER. And we go back and blocking an extension of critical high- EXTENSION OF UNEMPLOYMENT everyone get their full allocation of way funds that has construction work- INSURANCE morning business, and that was grant- ers and transportation employees at ed. There was no intention of a quorum home today and that has cut critical Mr. SCHUMER. Madam President, I call to be taken between either side. payments to struggling States. One want to speak about the unemploy- Mr. BUNNING. But that is the nor- single Republican Senator has put pos- ment situation in my home State of mal procedure. turing before people, politics before New York. By mid-March, 54,000 people Mr. SCHUMER. I understand. families, and point scoring before the will lose their benefits if we don’t move The ACTING PRESIDENT pro tem- needs of struggling Americans. forward with the short-term extension pore. Is there objection? The legislation we are trying so hard of unemployment insurance. That is Without objection, it is so ordered. tragic. It is virtually inhumane. to pass is very straightforward. It is The Senator from Washington. aimed at helping real families with I have been around my State meeting Mrs. MURRAY. Madam President, I with people who are looking for work. real problems they face every day, and ask unanimous consent to now use the consequences of it being blocked by You look into their eyes and you feel time from morning business on this their pain. Many of them are middle- one single Republican Senator are just side. as real. class people who have had very good- The ACTING PRESIDENT pro tem- paying jobs. Many of them have lost pore. Without objection, it is so or- The bill we are trying to pass in- their jobs. Many lost their jobs more dered. cludes an extension of unemployment than a year ago and they have spent insurance that, by the way, in my every day, 7 days a week, looking. I f home State hundreds of thousands of met a woman in Rochester. She was UNEMPLOYMENT AND COBRA individuals rely on to buy groceries No. 2 in human resources for a big com- EXTENSIONS and to pay their mortgages and to help pany. Her job was her life. She has been Mrs. MURRAY. Madam President, pay for school for their kids. For years, looking for 2 years and can’t find a job. right now, families across my home these benefits have been routinely ex- I plead with my colleague from Ken- State and the entire country want tended in tough times. And times, by tucky and all of my colleagues on the nothing more than to see us come to- the way, have rarely been tougher than other side of the aisle—while we are de- gether and pass meaningful help for the they are now. But today families in bating a larger bill to extend unem- people they see struggling every day. every single one of our States are sit- ployment benefits, we must allow this They want to see help for people such ting around their kitchen table trying to go forward. as their neighbors and friends and fam- to figure out how they are going to We must allow this short-term exten- ily members who, through no fault of make it through the weeks and the sion to go forward for the sake of those their own, have found themselves out months ahead without these payments. people who lost their jobs, through no of a job and who, despite their best ef- This package we are trying to pass fault of their own, and they are des- forts, are unable to find one today. also includes an extension of COBRA, perately looking for work, but in this They want help for the seniors in their health care for workers who lost their awful economy they can’t find it. communities who are being turned jobs through no fault of their own, and According to The Hill newspaper, away from doctors because of dev- health care benefits that come with it. New York is affected No. 1 by this. It is astating cuts in Medicare reimburse- In my home State, thousands of unem- vital, vital, vital that we move this for- ment rates, or all those who are strug- ployed workers have the ability to see ward. I plead with my friend from Ken- gling to afford health care because a doctor solely because we have pro- tucky to reconsider and let the short- they lost a job and are now facing the vided this important assistance. It is a term extension move forward. We have impossible task of affording care on provision that is critical because done it before under the same condi- their own. health care is often the single biggest tions we have asked for this time. Americans understand that during cost that unemployed workers face. In I yield the floor and suggest the ab- these difficult times people need help fact, you should know on average a sence of a quorum. monthly health care premium payment The ACTING PRESIDENT pro tem- to make ends meet. They understand there needs to be a lifeline for people to cover a family costs over $1,000, pore. The clerk will call the roll. which represents about 80 percent of The legislative clerk proceeded to who never thought they would need as- the average unemployment check. call the roll. sistance from the government but who Mr. SCHUMER. Madam President, I now have nowhere else to turn. But Another vital health care measure ask unanimous consent that the order what Americans and those in my home included in this bill we are trying to for the quorum call be rescinded. State of Washington do not understand pass is a provision that would overturn The ACTING PRESIDENT pro tem- is why Washington, DC, cannot seem to a staggering 21-percent cut in pay- pore. Without objection, it is so or- deliver; why, when they make hard ments to doctors who accept Medicare dered. choices every day in their own lives to patients. Just yesterday my office Mr. SCHUMER. Madam President, I support their families and help those in heard from a doctor in a small commu- suggest the absence of a quorum and need, Washington, DC, cannot do the nity in my State, Poulsbo, WA, who is ask that the time during the quorum same; why, at a time when needs have one of very few in the region who is call not go against the morning busi- never been greater, the only words taking new Medicare patients. He said ness time of either side. I ask that the they hear out of Washington, DC, are he feared just what this cut would time now being used in morning busi- ‘‘gridlock,’’ ‘‘stalemate,’’ and ‘‘stand- mean for him and his practice. He told ness be equally divided. still.’’ my staff this cut would limit his abil- Mr. BUNNING. Madam President, re- Today we have a clear-cut example to ity to continue serving the needs of serving the right to object. show the American people what is seniors in his area.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S902 CONGRESSIONAL RECORD — SENATE March 2, 2010 He is not alone. In Washington State the country turn on the nightly news they can get that job and get moving that cut will affect over 60,000 employ- and hear another story about gridlock again; so these construction projects ees, 700,000 Medicare patients, and in our Nation’s Capital. Oftentimes across our country do not come to a nearly 350,000 TRICARE patients. they have spent their days scanning slamming halt causing more Ameri- Finally, this bill also includes an ex- through the classifieds, going to an- cans to sit at home without a pay- tension of the Federal Transportation other job fair with long lines and few check, more Americans who cannot go Funding Act, which is known as job opportunities, or working many to the store and buy things; so more SAFETEA–LU. Allowing SAFETEA– times multiple jobs to meet their fami- stores start to fail because they do not LU to expire, which has now happened, lies’ most basic needs. When they get have the income they need, and res- not only hurts construction workers home, they wonder just how we have taurants where people cannot go be- and contractors who are working on spent ours. cause they do not have a paycheck. these major Federal highway projects What they see is this entire Congress We are asking that the Republican in my State and across the country, it forced to spend time fighting with one colleagues who worked with us on this leaves our State governments bearing Republican Senator; a Congress that is bill come to the floor and urge one Re- all the burden for the costs of these forced to jump through procedural publican Senator to work with us to projects. hoops and endure endless delay tactics get consent so we can move past this In Washington State, a reimburse- to get meaningful and, by the way, and get to the job we have come here ment payment of $13.5 million for fed- largely bipartisan legislation passed; to do: to get people back to work, to erally sponsored projects that is due the obstruction of a single Republican make sure families have health care, to tomorrow—tomorrow—is now in limbo, Senator who, by the way, voted to ex- make sure we do the business of this again, all because of one single Repub- tend these same benefits in 2008 but government in a way that works for American families. lican Senator. who has now suddenly changed his I yield the floor. Last October, I was out on this floor mind. Madam President, I suggest the ab- fighting for an extension of unemploy- The entire Republican Party, except sence of a quorum and ask that it be ment benefits, and I told the story of a for a few who have been out here coura- equally divided. woman from Seattle whose name is geously, sit idly by as one of their The ACTING PRESIDENT pro tem- Kristina Cruz. At the time, Kristina members brings this entire body to a pore. Without objection, it is so or- had been unemployed for 20 months halt. The American people are sick of dered. The clerk will call the roll. after spending over 10 years in human this, and the backlash to the blockage The legislative clerk proceeded to resources. Kristina had just written to of this bill is evidence of that. It is call the roll. my office and talked about going above time for all of us to stop and think. Mr. CARDIN. Madam President, I ask and beyond in her job search, a skill, Think about Kristina and all the other unanimous consent that the order for by the way, she picked up in her career Americans who sent us here to go to the quorum call be rescinded. in HR. Even with all her experience, work for them; the people who will The ACTING PRESIDENT pro tem- interviews for her have been few and watch the news tonight and think: pore. Without objection, it is so or- far between. Kristina talked about how What about me? What about all of us? dered. she was not interested in living off the Kristina wrote to me again recently Mr. CARDIN. Madam President, I ask government long term and how, in the to say it seems as though government unanimous consent to speak using the midst of this economic crisis, she did is broken. I know that sentiment is majority time in morning business. not have any other choice. something we hear all the time now. The ACTING PRESIDENT pro tem- Since I talked last October, Kristina But the truth is, it is only broken if we pore. Without objection, it is so or- has stayed in touch with my office, allow it to be. It is only broken if we dered. and, unfortunately, today she is still allow stunts such as is happening now Mr. CARDIN. Madam President, I take this time to first thank the Demo- having a hard time getting back to to rule the day. If we can come to- cratic leadership for bringing forward a work. She recently wrote an e-mail to gether and put an end to shortsighted bill that would extend unemployment my office and said: political point scoring that says ob- insurance; COBRA protection, which struction is good politics and partisan- It’s truly devastating to me that I’ve made allows the unemployed to get health choices in my life like getting good grades in ship trumps progress, then we can help insurance; to extend our highway pro- school and getting my education, and build- struggling families. gram, and the reimbursement struc- ing up professional experience only to find If we can join the way we did to pass ture for our physicians under Medicare that I’m unable to get a job. the Children’s Health Insurance Pro- so our seniors can continue to receive I thought I had made decisions to help en- gram or fair pay for women in the sure my success in life, and many times, I the health care they need. barely had enough money for food. workplace, we can then restore the We have a short-term extension that My family isn’t rich and can’t afford to faith of the American people. Until we many of my colleagues have been talk- support me. I literally do not know what I’m put an end to delays such as the one we ing about which would extend these going to do. face by one Republican Senator today, programs so there would be no gap in Kristina went on to voice the frustra- Americans are going to continue to the unemployment insurance protec- tion of so many about the needless have every right to be fed up. tion Americans are currently receiv- holdups in getting this bill passed on I come to the floor of the Senate ing—or were receiving as of February providing assistance to struggling today to ask the Senator from Ken- 28—allowing them to continue getting Americans. She said: tucky to allow us to finally move for- the COBRA protections and to con- I find it to be really egregious that we live ward with consent on this bill so that tinue our highway programs. As has in a democratic society and yet a few mis- Americans can get access to the help been pointed out, one Senator has exer- guided, outlying voices, despite over- they desperately need in these very cised his right to object, which has whelming bipartisan majority support, can tough economic times. This is critical. caused major problems for this coun- hold up and block a much needed unemploy- Families across our States are hurting, try, and I feel compelled to talk about ment extension. It really flies in the face of through no fault of their own, through this because there are real people being all the things I’ve learned about in my his- an economic recession they did not hurt by that decision. tory books. make happen. I’m not sure how I can survive many weeks We need a short-term extension so we and weeks of needless holdups when I have We all want our country to get back can continue the orderly process. It is rent and bills to pay. Sometimes I feel that on its feet. We all want to be strong the right thing to do. We all talk about if some of these Senators were forced to walk again. We all want this lifeline for our jobs; that we need jobs. Each of us is a day in our shoes, then maybe they would families so that when our country be- committed to bringing up legislation have a sense of how it is to try and survive gins running strong again, they can use that will create more job opportunities in this economy. the skills they have been holding in for Americans, and the bill that would That opinion is not unique to my abeyance and go back to work; so they be on the floor would help us in that ef- State, to one political party, or to an can get the health care they need for fort by extending important tax provi- issue. Every evening, families across their children and their families until sions so businesses can invest in more

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S903 jobs for Americans, extending unem- what it means in my own State of sonal lives of the people in Maryland, ployment insurance. Maryland. It halted work on Federal the people in my home State of Rhode Let me point out, for every dollar we lands. We had a project—the Great Island, and people across this country. spend in unemployment compensation, Falls entrance road construction, a $3.1 With so many Americans struggling it brings back $1.90 to our economy. It million project in Montgomery Coun- to pay their bills, why—why—did thou- is the best stimulus dollar you can put ty—that was stopped as a result of the sands of the worst off, including hun- out there. It is immediate. This is an failure to pass this short-term exten- dreds of Rhode Islanders, have to wake insurance program where employees sion. on Monday morning to find their un- and employers put money away during I could talk about the situation in employment benefits and COBRA sub- good times to pay for benefits during Medicare. CMS is doing everything sidies had expired? Why are people recessions and tough times and we are they can to make sure the physicians— being kicked out of these essential, hu- in a tough time. There are millions of the 600,000 physicians who treat our mane, lifeline programs before the eco- Americans who can’t find jobs, who are seniors every day—will continue to nomic storm that put them in that pre- looking for jobs. Americans want to participate in the Medicare system. dicament has passed? The answer is, we work but can’t find work. Many have But as of Monday, there was a 21.2-per- have failed to do what is right for the been looking for work for a long time— cent cut in physician reimbursement American public, in part, because one for over a year. Now, because of the ob- rates. That is unconscionable, unrea- Republican has chosen this time of jection of one Senator, the benefits sonable, and it will deny our seniors great despair for millions of Americans that should be paid this week cannot access to care. to make a political point—to make a be paid this week. We need to do this in an orderly way. political point about the deficit—by In my own State of Maryland, 16,405 The overwhelming majority of the hurting hard-working Americans who people were cut off as of Monday from Members of Congress supports the ex- are struggling to get by. It appears it is their unemployment compensation. tension the majority leader and the as- actually more than just one Repub- Each one of these individuals rep- sistant majority leader have made re- lican. Others have come to the floor to resents a family, and this insurance peatedly on the floor to allow for this support him. provides them the ability to feed their short-term extension. We need to move But on the home front, the cost is families, to keep their house out of forward with that and then let us come high. Many Rhode Islanders, through foreclosure. This is wrong. They can’t to the floor and debate the longer term no fault of their own, struggle to find find work because there are not enough extensions. I have a feeling, when that work. For many of them, unemploy- jobs out there, and we need to extend vote comes up on the floor of this body, ment insurance and COBRA are the this unemployment compensation. I you will see an overwhelming number lifeline for their ability to support feel confident we will, but it is wrong of Members voting in favor of the ex- their families, to keep food on the for us to have this gap because of the tension of unemployment compensa- table, and to keep the family covered objections of one Senator. tion and insurance protection for the by health care. This is no abstract This is hurting our economy. That unemployed because it is the right issue. It has had a serious impact in money should be in our economy. The thing to do. Rhode Island. We are a State of just people who receive this unemployment It is the right thing to do as a nation over 1 million. In that State of just insurance will use it to buy food, to in a recession. It is the right thing to over 1 million people, there are 75,000 make purchases that will help our do in order to strengthen our economy people, at least, unemployed and look- economy. Those dollars are being lost and create more job opportunities be- ing for work. These are hard-working because of the objection of one Sen- cause that money is spent in our com- people, many of whom have worked all ator. munities and it keeps and expands jobs. their lives, but because of the recession The same thing is true with the It must be part of our strategy in cre- they struggle to find work. COBRA protection. COBRA protection ating more job opportunities for Amer- Margaret from North Providence is 61 says to a person who is unemployed or icans. years old, and she is 6 months away who has lost their job that we are I take the floor to encourage my col- from being eligible for Social Security. going to help them maintain their in- league to withdraw his objection, let us She is years from Medicare eligibility. surance for their family. Now, because move forward in a way that is in the She has now been unemployed for 18 of the objections of the Senator, that interest of the American people and in months and her unemployment bene- help is no longer available to those who the interest of our economy so we can fits are expiring. COBRA, for her, has are unemployed. As of January, there continue to see the types of improve- run out as well, so her health care is at were 6.3 million Americans who had ments for job opportunity in America. risk. She has never been in this situa- been unemployed for 6 months or That should be our priority. It is not a tion before in her life and she is, quite longer. Think about that. How can you partisan issue. It shouldn’t be a par- understandably, scared of where our ir- afford to pay your insurance premiums tisan issue. We need to work together— responsible action leaves her. for health care if you have been unem- Democrats and Republicans—and it Gretchen from Cranston is a laid-off ployed for 6 months? That is why we starts by removing the objection and teacher who was receiving COBRA ben- passed COBRA protection, so those who letting us get this short-term exten- efits. That helps her pay for her health had lost their jobs could maintain their sion and then coming to the floor to care. Because of a single Republican health insurance for their families, debate the bill on the floor that will obstruction—apparently supported by keep them out of bankruptcy, and to extend it through the end of the year, others—her premiums have increased make sure, if they had an emergency, as we should. That is what we should from roughly $500 a month to over their family could get the needed be doing today to help the people in $2,000 a month. She wrote to me saying: health care and that it is properly re- Maryland and the people around this How horrifying that I should work hard all imbursed. Nation and to help our economy grow. my life, paying for my entire education, We all agree that should be done, and With that, I yield the floor. dedicate my career to helping children in the underlying bill we will take up The ACTING PRESIDENT pro tem- poverty and find that my own may be among today would extend that throughout pore. The Senator from Rhode Island is them. the year, which is what it should do. recognized. Gretchen did not expect to be in pov- But in the meantime, that protection Mr. WHITEHOUSE. Madam Presi- erty. She expected that her COBRA expired on Monday because of the ob- dent, I would like to echo the remarks benefits would continue. But no, we jections of an individual Senator. of my very distinguished colleague have cut those off. There is the short-term extension of from Maryland, who I know feels so Richard in Warren wrote to me ask- the highway program I wish to men- passionately about this and whose own ing for us to move quickly on COBRA. tion because 2,000 employees in the De- State will suffer dire individual con- Richard’s wife has cancer, so they have partment of Transportation got fur- sequences as the failure of unemploy- no choice but to pay for health care lough notices because of our failure to ment insurance and COBRA and other coverage. Since he lost his job, Richard extend that program. I can tell you things begin to hit home in the per- has been paying $400 a month for their

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S904 CONGRESSIONAL RECORD — SENATE March 2, 2010 health insurance, but the cost has tri- no fault of their own. That is what we vote. I am willing to predict she will pled—tripled—with the expiration of are sent here to do and that is what I get an overwhelming vote when they fi- COBRA subsidies. Richard should be will keep fighting for. nally allow us to vote on her. able to worry about his family, to be I yield the floor. Because of what has happened with able to help his wife through her can- The ACTING PRESIDENT pro tem- these filibusters, the Senate is far be- cer treatment. He should not have to pore. The Senator from Vermont. hind where we should be in filling judi- worry about the political games being Mr. LEAHY. Madam President, what cial vacancies, vacancies that sky- played in Washington and the sky- is the parliamentary situation? rocketed to be more than 100 and more rocketing cost he is looking at. He and The ACTING PRESIDENT pro tem- have been announced. We need to do his wife should be focusing on her care pore. The Senate is in a period of morn- better. The American people deserve and her treatment. But no, sadly, ob- ing business. better. struction and political point-scoring Mr. LEAHY. Has all time been used Here it is, March 2. On March 2 of now come first for some of our col- in morning business? President Bush’s first term the Senate leagues. The ACTING PRESIDENT pro tem- had confirmed 39 Federal circuit and Margaret, Gretchen, and Richard— pore. No, it has not. district court nominations. We, the and all those across the country who f Democrats, were in the majority. We are facing similar situations—are won- moved very hard to get those 39 dering why they have to pay the price CONCLUSION OF MORNING through. That included the period of for Republicans to make this point BUSINESS the 9/11 attacks and the anthrax attack about the deficit. Why them? When it Mr. LEAHY. Madam President, I ask upon the Senate. In spite of all the ob- was Halliburton’s no-bid contracts in to yield back any time remaining in stacles, by March 2, Senate Democrats Iraq, for which money was borrowed to morning business on either side. had moved forward to help confirm 39 fund them, where was the concern The ACTING PRESIDENT pro tem- of President Bush’s judicial nominees. about the deficit then? For pore. Without objection, it is so or- Although the Senate Judiciary Com- Halliburton’s no-bid contracts, the def- dered. mittee has favorably reported 29 of icit is no problem, evidently. When it Morning business is closed. President Obama’s Federal circuit and was Part D’s colossal handout to the f district court nominees to the Senate pharmaceutical industry—borrowed for final consideration, because of Re- EXECUTIVE SESSION money—where was the concern then publican obstruction, the Senate has about the deficit? Not when it is the confirmed only 15 Federal circuit and district court nominees. So, by March 2 big interests. NOMINATION OF BARBARA of the second year of President Bush’s When it was the tax cuts for CEOs— MILANO KEENAN TO BE UNITED first term, 39; by March 2 of the second big tax cuts for CEOs, for big bankers, STATES CIRCUIT JUDGE FOR year of President Obama’s Presidency, for derivatives traders, for hedge fund THE FOURTH CIRCUIT managers—where then was the concern 15. That is more than 60 percent fewer. about the deficit when those tax cuts The ACTING PRESIDENT pro tem- This is despite the fact that President were passed unfunded? pore. Under the previous order, the Obama began sending judicial nomina- When the Bush administration inher- Senate will proceed to executive ses- tions to the Senate 2 months earlier ited from the last Democratic Presi- sion to consider the following nomina- than President Bush, after President dent a balanced budget predicted to tion which the clerk will report. Obama’s 13 months in office the Senate yield a zero national debt during the The legislative clerk read the nomi- is has confirmed only 15 Federal circuit course of the Bush administration—a nation of Barbara Milano Keenan, of and district court judges. zero national debt during the course of Virginia, to be United States Circuit The judiciary is supposed to be out of the Bush administration—and instead Judge for the Fourth Circuit. partisan politics. This is really unac- the Republicans left us with $12 trillion The ACTING PRESIDENT pro tem- ceptable. In fact, I note that during 17 in national debt, where then was the pore. Under the previous order, the months of President Bush’s first term concern about the deficit? time until 12:15 will be equally divided when the Democrats were in charge, we As one of my colleagues has said, this and controlled between the Senator confirmed 100 of his judges. During 31 has been described as a point of prin- from Vermont, Mr. LEAHY, and the months with the Republicans in ciple. The way a principle is defined is Senator from Alabama, Mr. SESSIONS. charge, they confirmed approximately that you always stand by it. If it is a The Senator from Vermont is recog- 100. We worked very hard to help Presi- sometime thing, it may be a lot of nized. dent Bush though. things; it may be an opinion, it may be Mr. LEAHY. Madam President, the The return, instead, is that the Re- a maneuver, it may even be an hon- nomination of Justice Barbara Keenan publicans have filibustered nominees, estly held opinion, but it is not a prin- of Virginia to the Fourth Circuit judicial nominees who, when they fi- ciple if you only follow it selectively. If should be noncontroversial; her nomi- nally get a vote, get a unanimous vote. the only time you follow it is when nation should have been confirmed This has created a real crisis in the ju- struggling, working people are in the long ago. She has the support of her diciary. Last year’s total was the few- crosshairs. But when it is Haliburton’s home State Senators. She has the sup- est judicial nominees confirmed in the no-bid contracts, when it is tax cuts for port of Virginians from both parties, first year of a Presidency in more than CEOs and big bankers and fancy deriva- and many others. She was approved 50 years. Those 12 Federal circuit and tives traders, and when it is the phar- unanimously by the Senate Judiciary district court confirmations were even maceutical industry, then it is all fine? Committee over 4 months ago. below the 17 the Senate Republican That is not a principle. It may be a lot I suspect that like the confirmations majority allowed to be confirmed in of things but it is no principle. of Judge Viken, Judge Lange, Judge the 1996 session. After that Presi- I urge my colleagues to put politics Berger, Judge Honeywell, Judge Reiss, dential election year, Chief Justice aside, to do what is right, and to help Judge Kallon, Judge Nguyen, Judge Rehnquist began criticizing the pace of the millions of Americans who are so Seeborg, Judge Gee, Judge Peterson, judicial confirmations and the partisan badly in need of a little help through Judge Martin and Judge Greenaway, Republican tactics. I hope the Chief this economic downturn that was no this nomination could well be approved Justice would do what Chief Justice fault of their own—hard-working peo- unanimously. Instead, in what has be- Rehnquist, another Republican did ple, trapped in this recession through come a sorry and unacceptable attitude when Republicans were slowing up ju- no fault of their own. I implore my Re- on the part of Republicans, she has dicial nominations, and speak to the publican colleagues to start working been filibustered. This nomination need to do this. constructively with us to end this un- should have been approved unani- I have spoken repeatedly to Senate employment crisis, to put people back mously. We will now have to vote to leaders on both sides of the aisle and I to work, and to help those who are in bring cloture on something that would made the following proposal: Agree to such dire circumstances now through normally have been done on a voice immediate votes on those judicial

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S905 nominees who have been reported by Viken or Roberto Lange of South Da- tions like those of Jim Haynes and the Senate Judiciary Committee with- kota, who were supported by Senator Claude Allen. When a President from out dissent and agree to time agree- THUNE, or Charlene Edwards Honeywell either party works with home State ments to debate and vote on the oth- of Florida, who was supported by Sen- senators to identify noncontroversial, ers. ators MARTINEZ and LEMIEUX, virtually well-qualified nominees, the Senate We are making a mockery of the Fed- all of President Obama’s nominees should move quickly to consider them. eral judiciary by bringing in such need- have been prevented prompt Senate ac- Regrettably, it has taken the Senate less partisan politics. This is my 36th tion by Republican objections. twice as long to consider Justice Keen- year and I have been here with both But instead of making progress by an’s nomination as it did Judge Agee’s Republicans and Democrats in the ma- promptly considering Justice Keenan’s for a seat on the same Court. The Sen- jority, with both Republican and noncontroversial nomination, we are ate can and must do better for the Democratic Presidents. I have never now facing yet another Republican fili- American people and the rule of law. seen anything like this in 36 years. It buster. There is no explanation for There is an easy place to start. The involves the judiciary in partisan poli- these delays, nor could there be. Jus- Senate can virtually double its total by tics in a way that is unprecedented, tice Keenan is currently a justice on considering the 14 judicial nominees but it also shames the Senate. The the Supreme Court of Virginia; she has currently on the Senate Executive Cal- American people are right to ask why an impressive judicial background. She endar without additional delay. In De- they are doing this. It makes no sense. has been a judge for the last 29 years— cember, I made several statements in Among the frustrations is that Sen- half of her life—and has served on each this Chamber about the need for ate Republicans have delayed and ob- of the four levels of the Virginia State progress on the nominees reported by structed nominees chosen after con- courts. If confirmed, Justice Keenan the Senate Judiciary Committee. I also sultation with Republican home state would be the first woman from Virginia spoke repeatedly to Senate leaders on Senators. Despite President Obama’s to serve on the Fourth Circuit. She was both sides of the aisle and made the efforts, Senate Republicans have treat- also the first female general district following proposal: Agree to immediate ed his nominees much, much worse. court judge in Virginia, the first fe- votes on those judicial nominees that I noted when the Senate considered male circuit court judge in that State, are reported by the Senate Judiciary the nominations of Judge Christina the first woman named to the Virginia Committee without dissent, and agree Reiss of Vermont and Mr. Abdul Kallon Court of Appeals, and the second fe- to time agreements to debate and vote of Alabama relatively promptly that male justice on the Virginia Supreme on the others. they should serve as the model for Sen- Court. At the time there were six judicial ate action. Sadly, they are the excep- The American Bar Association’s nominees on the Senate Executive Cal- tion rather than the model. They show Standing Committee on the Federal endar that no Republican member of what the Senate could do, but does not. Judiciary has unanimously rated her the Judiciary Committee had opposed. Time and again, noncontroversial ‘‘well qualified’’—its highest rating—to Republicans refused. We have consid- nominees are delayed. When the Senate sit on the Fourth Circuit. The Virginia ered just three of those nominations in does finally consider them, they are State Bar rated her ‘‘highly qualified’’ the last 3 months. They were each con- confirmed overwhelmingly. Of the 15 by unanimous vote, and bar associa- firmed unanimously, without a single Federal circuit and district court tions throughout the State gave her Republican Senator voting or speaking judges confirmed, 12 have been con- their highest recommendation. Many against them. It should not have taken firmed unanimously. of the lawyers who make up those asso- 3 months to confirm three nominees That is right. Republicans have only ciations have practiced before Justice unanimously. It has become the Repub- voted against 3 of President Obama’s Keenan, so their strong support of her lican strategy of delay—delay even nominees to the Federal circuit and nomination is telling. those nominees they support. They de- district courts. One of those, Judge Republican Senators should act as we layed confirmation of Judge Beverly Gerry Lynch of the Second Circuit, acted when we worked together to re- Martin of Georgia to the Eleventh Cir- garnered only three negative votes and duce vacancies during the Bush admin- cuit until this year. They delayed con- 94 votes in favor. Judge Andre Davis of istration. In fact, our work led to a re- firmation of Judge Joseph Greenaway Maryland was stalled for months and duction in vacancies in nearly every of New Jersey to the Third Circuit then confirmed with 72 votes in favor circuit. When President Bush left of- until last month. Still, three of the and only 16 against. Judge David Ham- fice, we had reduced vacancies in 9 of nominees who were reported unani- ilton was filibustered in a failed effort the 13 circuits from when President mously last year are still stalled on the to prevent an up-or-down vote. Clinton left office. One of the circuits Senate Executive Calendar awaiting The obstruction and delay is part of where we succeeded in reducing vacan- Republican agreement to vote on them. a partisan pattern. Even when they cies was the Fourth Circuit, the circuit I renew my proposal. There are now cannot say ‘‘no,’’ Republicans nonethe- to which Justice Keenan has been nom- eight judicial nominations on the Sen- less demand that the Senate go slow. inated. ate Executive Calendar that were re- The practice is continuing. This is the Like the nomination of Steven Agee ported from the Senate Judiciary Com- 17th filibuster of President Obama’s of Virginia to the Fourth Circuit, con- mittee without a single dissenting nominees. That does not count the firmed in President Bush’s last year in vote, including Barbara Keenan. When many other nominees who were de- office by a Senate with a Democratic Republicans allow the Senate to con- layed or are being denied up-or-down majority, Justice Keenan’s nomination sider them, they will all be approved votes by Senate Republicans refusing should be able to be confirmed without overwhelmingly, if not unanimously. I to agree to time agreements to con- further obstruction and delay. The urge Republicans to agree to consider sider even noncontroversial nominees. Senate proceeded quickly to consider and confirm them today. Senate Republicans unsuccessfully the Agee nomination, even though it I further call upon Republicans to filibustered the nomination of Judge was a Presidential election year, be- agree to time agreements on each of David Hamilton of Indiana to the Sev- cause President Bush had cooperated the other six judicial nominees ready enth Circuit, despite support for his with the home State Senators to with- for final Senate action. Only one Re- nomination from the senior Republican draw the controversial nomination of publican Senator in the Judiciary Com- in the Senate, DICK LUGAR of Indiana. Duncan Getchell and instead nominate mittee voted against Judge Wynn of Republicans delayed for months Senate Judge Agee. Mr. Getchell had been North Carolina; only three voted consideration of Judge Beverly Martin nominated over the objection of both against Judge Vanaskie of Pennsyl- of Georgia to the Eleventh Circuit, de- Virginia Senators, a Republican and a vania; only four voted against Ms. spite her endorsement from both her Democratic, and his nomination was fi- Stranch of Tennessee, who is supported Republican home State Senators. When nally withdrawn after many wasted by the senior Senator from Tennessee, Republicans finally agreed to her con- months. The Agee nomination also fol- a Republican and a member of the Sen- sideration on January 20, she was con- lowed years of contentiousness, as ate Republican leadership. Senate Re- firmed unanimously. Whether Jeffrey President Bush insisted on nomina- publicans should identify the time they

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S906 CONGRESSIONAL RECORD — SENATE March 2, 2010 require to debate the nominations of So when Senator SESSIONS says that In the second half of 2001, the Demo- Justice Butler of Wisconsin, Judge he respects me for consulting with cratic majority in the Senate pro- Chen of California and Judge Pearson home State Senators, and in the same ceeded to confirm 28 judges. During of Ohio, who are all well-qualified statement criticizes me for consulting just the second year of President nominees for district court vacancies, with home State Senators, it is a bit Bush’s first term, the Democratic Sen- which are typically considered and con- disturbing. When he asks me not to ate majority confirmed 72 judicial firmed without lengthy debate. hold hearings and then criticizes me nominations and helped reduce the va- During the debate on Judge Martin’s for supposedly delaying hearings, it is cancies left by Republican obstruc- nomination earlier this year, several not fair. When the Republicans are not tionism of President Clinton’s judicial misstatements were made on the floor ready to proceed on a nomination and nominees from over 110 to 59 by the end of the Senate. I corrected the record on then attribute the delays to others, it of 2002. Overall, as I have noted, in the January 25. More recently, during Sen- is wrong. Maybe the lesson is that I 17 months that I chaired the Senate ate consideration of Judge should not accommodate Republican Judiciary Committee during President Greenaway’s nomination, additional requests but press the schedule more Bush’s first term, the Senate confirmed misstatements were made here. It may quickly, because otherwise I risk being 100 of his judicial nominees. By com- be that some Republicans were un- accused of going too slowly. parison, the total number of Federal aware of the efforts by me, the Sen- We have seen unprecedented obstruc- circuit and district court judges con- ators from New Jersey, and the Demo- tion by Senate Republicans on issue firmed during the 13 months President cratic leadership to consider Judge after issue—over 100 filibusters last Obama has been in office is barely 15 Greenaway’s nomination earlier. Re- year alone, which affected 70 percent of percent of that total. publicans were repeatedly asked to all Senate action. Instead of time Senate Democrats continued to work agree to consider both the Martin and agreements and the will of the major- to reduce vacancies even during Presi- Greenaway nominations. The majority ity, the Senate is faced with a require- dent Bush’s last year in office. With leader stated so on January 22, as did I ment to find 60 Senators to overcome a Senate Democrats again in the major- on January 25. Those efforts began long filibuster on issue after issue. The Sen- ity, we reduced judicial vacancies to as before January 22. Perhaps those Re- ate was not allowed to complete action low as 34, even though it was a presi- publicans who say it only took 2 weeks on short extensions of unemployment dential election year. When President to schedule the Greenaway vote did not insurance benefits, the Satellite Home Bush left office, we had reduced vacan- know of those discussions. But it still Viewer Act, and other needed measures cies in 9 of the 13 Federal circuits. does not answer the question of why it last week because of Republican objec- As matters stand today, judicial va- took 2 weeks for Republicans to agree tion. Unfortunately, we have seen the cancies have spiked again, as they did hold a vote that was unanimous. repeated abuse of filibusters, and delay due to Republican obstruction in the In addition, the record should be and obstruction have become the norm 1990s. These vacancies are again being clear that the New Jersey Senators had for Senate Republicans. left unfilled. We started 2010 with the indicated their support for the Just as Senate Republicans reversed highest number of vacancies on article Greenaway nomination since it was themselves when it came time to vote III courts since 1994, when the vacan- first announced, and were in no way a on the deficit reduction commission cies created by the last comprehensive source of delay. Neither Senator ‘‘re- that they had sponsored; just as Senate judgeship bill were still being filled. fused’’ or ‘‘failed’’ to send in their con- Republicans who voted for the USA While it has been nearly 20 years since sent to proceed. To the contrary, the PATRIOT Act Sunset Extension Act, S. we enacted a Federal judgeship bill, ju- hearing on the Greenaway nomination 169, which was reported by the Senate dicial vacancies are nearing record lev- was in September, because I honored Judiciary Committee last October, els, with 104 current vacancies and an- Republicans’ request that committee have reversed themselves and aban- other 22 already announced. If we had not to proceed with additional hearings doned it; so, too, have Senate Repub- proceeded on the judgeship bill rec- in the summer, while a Supreme Court licans reversed themselves on filibus- ommended by the Judicial Conference nomination was being considered. The ters against nominations. Those who to address the growing burden on our fact is that during those months, it was just a short time ago said that a major- Federal judiciary, as we did in 1984 and Senate Republicans who were unpre- ity vote is all that should be needed to 1990, in order to provide the resources pared to proceed to a hearing on the confirm a nomination, and that filibus- the courts need, current vacancies Greenaway nomination. There is no ters of nominations are unconstitu- would stand over 160 today and would cause to blame the Senators from New tional, have reversed themselves and be headed toward 180. That is the true Jersey for delays in considering that now employ any delaying tactic they measure of how far behind we have fall- nomination. Republicans’ suggestion can. They have ratcheted up their par- en. that Democrats are delaying in their tisanship to delay and obstruct the Republican Senators insisted on consent to advance these nominations President’s nominees—once the Amer- stalling confirmation of the nomina- is also more than ironic since they ican people elected a Democratic Presi- tion of Judge Gerard Lynch, who was have never acknowledged, nor accept- dent. confirmed with more than 90 votes. ed, responsibility for pocket filibus- The Republican practice of making They insisted on stalling the nomina- tering more than 60 of President Clin- supermajorities the new standard to tion of Judge Andre Davis, who was ton’s judicial nominees. In fact, when I proceed to consider many non- confirmed with more than 70 votes. became chairman of the Judiciary controversial and well-qualified nomi- They unsuccessfully filibustered the Committee, I made Senators’ consent nations for important posts in the ex- nomination of Judge David Hamilton forms, or blue slips, public for the first ecutive branch, and to fill vacancies on last November, having delayed its con- time. I am still waiting for Republicans the Federal courts, is having a debili- sideration for months. They stalled to agree to make public their blue slips tating effect on our government’s abil- Judge Beverly Martin’s nomination for from 1993 through 2000. Because of the ity to serve the American people. Hard- at least 2 months because they would change I made, the anonymous holds working Americans who seek justice in not agree to consider it before January that obstructed so many of President our overburdened Federal courts are 20. They stalled for 3 additional weeks Clinton’s nominees did not continue the ones who will pay the price for Re- on Judge Greenaway’s nomination be- under President Bush. Regrettably, un- publicans’ obstruction and delay. They fore he was confirmed unanimously. We like President Obama, his predecessor deserve better. have wasted weeks and months having did not work with Senators of the Even after years of Republican pock- to seek time agreements in order to other party on nominations. It is no se- et filibusters that led to skyrocketing consider nominations that were re- cret that the reason the committee did judicial vacancies, Democrats did not ported by the Senate Judiciary Com- not proceed on President Bush’s nomi- practice this kind of obstruction and mittee unanimously and who are then nee to the vacancy on the Third Circuit delay in considering President Bush’s confirmed overwhelmingly by the Sen- from New Jersey was because the New nominations. We worked hard to re- ate once they are finally allowed to be Jersey Senators did not consent. verse the Republican obstructionism. considered.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S907 I, again, urge Senate Republicans to unanimous voice vote. Her nomination judgeships, there are currently 100 va- reconsider their strategy and allow is noncontroversial. She has been a cancies. These vacancies delay the ad- prompt consideration of all 14 judicial dedicated public servant, a fair and ministration of justice, they delay the nominees awaiting Senate consider- balanced jurist. Her nomination has resolution of disputes, and they dimin- ation, not just Barbara Keenan of Vir- broad bipartisan support not only in ish our citizens’ right to a speedy trial. ginia, but also the following nominees: this body but also in the Common- They affect the respect for our whole Jane Stranch of Tennessee, nominated wealth of Virginia. So I again believe it governmental process. to the Sixth Circuit; Judge Thomas is critical we move forward as quickly In light of the fact that my pre- Vanaskie of Pennsylvania, nominated as possible to confirm this nomination. diction is Justice Keenan will get, if to the Third Circuit; Judge Denny Chin There are currently four vacancies on not 100 votes in this body—I doubt she of New York, nominated to the Second the Fourth Circuit—more than any will get 1 or 2 negative votes in this Circuit; Judge William Conley, nomi- other circuit in our country. This seat whole body—there is no need for us to nated to the Western District of Wis- that Justice Keenan would fill has been go through hours and hours of debate consin; Justice Rogeriee Thompson of vacant now for more than 2 years. She and delay in order to get her where she is an extraordinary choice to fill this Rhode Island, nominated to the First needs to be; that is, on the Fourth Cir- vacancy. Circuit; Judge James Wynn of North cuit. So I am asking my colleagues Carolina, nominated to the Fourth Cir- She has been a State supreme court justice since 1991. She has been a trail- across the aisle if we might not move cuit; Judge Albert Diaz of North Caro- this nomination forward in a timely lina, nominated to the Fourth Circuit; blazer for women in the law through- out her career. At the age of 29, she was way. Judge Edward Chen, nominated to the With that, I yield the floor. Northern District of California; and the first female general district court Mr. CARDIN. Mr. President, I rise Justice Louis Butler, nominated to the judge in Virginia, when she was se- today to urge the Senate to invoke clo- Western District of Wisconsin; Nancy lected for the Fairfax County bench in ture on the nomination of Barbara Freudenthal, nominated to the District 1980. She became the first female cir- Milano Keenan of Virginia to be a of Wyoming; Denzil Marshall, nomi- cuit court judge when she was pro- United States circuit judge for the nated to the Eastern District of Arkan- moted to that court in 1982. In 1985, she Fourth Circuit. sas; Benita Pearson, nominated to the was 1 of 10 judges named to the first Northern District of Ohio and Timothy Virginia Court of Appeals and was the I had the privilege to chair Justice Black, nominated to the Southern Dis- only woman on that court when it was Keenan’s confirmation hearing on Oc- trict of Ohio. first created. She was selected for the tober 7 of last year. The Judiciary (The remarks of Mr. LEAHY and Mr. State supreme court, the second female Committee reported out her nomina- SESSIONS are printed in today’s RECORD justice ever to serve there, in 1991. She tion by voice vote on October 29 of last under ‘‘Morning Business.’’) was, in fact, the first judge to serve on year. And here we are today over 4 The PRESIDING OFFICER (Mr. all four levels of Virginia’s courts. months later, just now debating the CASEY). The Senator from Vermont. As I pointed out in my previous floor nomination. Mr. LEAHY. Mr. President, I suggest remarks, I think it is very important I take a special interest in the fourth the absence of a quorum and ask unani- for the understanding of this body to Circuit, as it includes my home State mous consent that the time be equally point out that when Governor McDon- of Maryland. In May 2008 I chaired the divided. nell was recently sworn into office, he confirmation hearing for Justice Ste- The PRESIDING OFFICER. Without specifically requested that Justice ven Agee, who also served on the Vir- objection, it is so ordered. Keenan deliver him that oath of office. ginia Supreme Court and was con- The clerk will call the roll. In fact, Governor McDonnell has re- firmed to be a U.S. circuit judge for the The assistant legislative clerk pro- leased a statement where he said: Fourth Circuit. In April 2009 I chaired ceeded to call the roll. Virginia Supreme Court Justice Barbara the confirmation hearing for Judge Mr. WEBB. Mr. President, I ask Keenan is one of the foremost legal minds in Andre Davis of Maryland, who was unanimous consent that the order for our Commonwealth. . . .Her nomination by overwhelmingly confirmed by the Sen- the quorum call be rescinded. the President for the United States Court of ate by a 72 to 16 vote in November. The PRESIDING OFFICER (Mr. Appeals for the Fourth Circuit is one that should be viewed favorably and acted upon UDALL of New Mexico). Without objec- I mention these nominations by way expeditiously. Justice Keenan has dedicated of background for my colleagues, be- tion, it is so ordered. her career to public service . . . I look for- Mr. WEBB. Mr. President, I rise cause the Fourth Circuit has one of the ward to her service on the Fourth Circuit highest vacancy rates in the country again to speak on behalf of Justice bench. today. Out of the 15 seats authorized by Barbara M. Keenan, the nominee to This is from Governor McDonnell, serve on the Fourth Circuit. I would Congress, 4 are vacant, which means who is from the Republican Party, and over one-quarter of the court’s seats like to point out this is the third time I think it is a clear indication of the I have had the pleasure of outlining her are now vacant. Our circuit courts of broad respect this individual has with- appeals are the final word for most of qualifications and also would like to in the Commonwealth. our civil and criminal litigants, as the express my regret that the Senate is I am mindful of the Senate’s con- Supreme Court only accepts a handful again being forced to waste valuable stitutional role in confirming execu- time that could be used toward solving tive nominations. This is vitally im- of cases. I had hoped that the Senate greater problems in our country in portant. We have a robust vetting proc- will move more quickly to nominate order to go through these repeated ess. Debate is important and appro- and confirm qualified candidates for delays on votes that are going to be, if priate. We have conducted, inside the these seats. I also look forward to in- not unanimous, certainly well above 90 Virginia delegation, that kind of vet- creasing the diversity of the judges of of our body in favor of this type of ting process which resulted in Justice the Fourth Circuit. nomination. Keenan’s name being moved forward. So I don’t understand why the Senate The American people are com- Again, in the name of pragmatic bi- has been moving so slowly on nomina- menting about how the Congress is not partisanship and in the spirit of good tions, most of which are not controver- addressing the true problems of the governance in the way we should be sial. Of the 15 Federal circuit and dis- country. I think this is an example spending valuable time on the Senate trict court judges confirmed during that perhaps all those who are inter- floor, with so many issues affecting President Obama’s tenure, 12 have been ested in our political system can com- this country, we need to move past confirmed unanimously. Republicans prehend rather quickly, of obstruc- these artificial barriers. We need to have only voted against three of Presi- tionism and of the unnecessary delay stop putting delays in front of the dent Obama’s nominees to the Federal of the appointment of individuals who types of issues we should be con- circuit and district courts. I expect are vitally needed as we look at the fronting. Let’s get on with the business that when Justice Keenan comes to a state of our judicial system today. of governing. vote, she will be overwhelmingly con- Justice Keenan was voted out of com- Again, as I pointed out in my pre- firmed, if not unanimously confirmed. mittee in October of last year by a vious statement, of the 876 Federal So why is the Senate waiting more

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S908 CONGRESSIONAL RECORD — SENATE March 2, 2010 than 4 months to act on her nomina- Mr. WARNER. Mr. President, I ask Virginia but our Republican Gov- tion after it has been reported by the unanimous consent that I be allowed to ernor—has had to wait so long to get a Judiciary Committee by a voice vote? speak for up to 5 minutes, using part of vote. We started 2010 with the highest the Republican time. So I am hopeful the Senate will act number of vacancies on article III The PRESIDING OFFICER. Without on this nomination. I look forward to courts since 1994, when the vacancies objection, it is so ordered. casting my vote in support of Justice created by the last comprehensive Mr. WARNER. Mr. President, I rise Barbara Keenan’s nomination, and I judgeship bill were still being filled. to speak in support of the nomination encourage my colleagues on both sides Judicial vacancies are nearing record of Justice Barbara Keenan to serve on of the aisle to vote for cloture so we levels, with 102 current vacancies and the U.S. Court of Appeals for the can move to that very important vote another 23 already announced. Fourth Circuit. and fill one more of these vacancies on Justice Keenan comes to the Senate In the summer of 2009, my colleague a very important court in the Fourth with an impressive amount of experi- and friend, Senator WEBB, and I had Circuit. the honor of interviewing a number of ence. She has served on each of the Mr. President, I thank you for the potential candidates to serve on the four levels of the Virginia State courts: time. I yield the floor, and I note the U.S. Court of Appeals for the Fourth General District Court, Circuit Court, absence of a quorum. Court of Appeals, and Supreme Court. Circuit. We were enormously impressed She was admitted to the State Bar of by the quality of all the candidates The PRESIDING OFFICER. The Virginia in 1974. She first took the being considered. But one candidate clerk will call the roll. bench at the age of 29, and fittingly has rose to the top of the list because of The bill clerk proceeded to call the served for a judge for the last 29 years. her extensive experience, her judicial roll. Before serving as a judge, she worked temperament, and her commitment to Mr. WHITEHOUSE. Mr. President, I as an attorney in private practice and the law. That candidate was Justice ask unanimous consent that the order as a local prosecutor. Barbara Keenan. for the quorum call be rescinded. Justice Keenan has presided over an President Obama nominated Justice The PRESIDING OFFICER. Without impressive amount of cases. She pre- Keenan last September, and in late Oc- objection, it is so ordered. sided over several thousand cases of to tober the members of the Senate Judi- Mr. WHITEHOUSE. Mr. President, I judgment as a judge of the General Dis- ciary Committee reported her nomina- ask unanimous consent that all re- trict Court of Fairfax County, VA, tion by unanimous consent. maining time be yielded back. which includes misdemeanors and Justice Keenan’s nomination has The PRESIDING OFFICER. Without smaller civil cases. As a circuit court been on the Senate Calendar for 4 objection, it is so ordered. judge, she presided over 600 cases that months now. I believe it is time for proceeded to verdict or judgment, and this Chamber to consider the nomina- CLOTURE MOTION handled a wide range of criminal and tion and give Justice Keenan an up-or- The PRESIDING OFFICER. Under civil cases, including both jury trials down vote. the previous order and pursuant to rule and bench trials. Finally, Justice Ken- Justice Keenan has served with dis- XXII, the Chair lays before the Senate nan now serves on the Virginia Su- tinction at every level of State court in the pending cloture motion, which the preme Court, a position she has held Virginia. She has served as a justice on clerk will state. the Virginia Supreme Court since 1991. since 1991. I understand that under Vir- The legislative clerk read as follows: ginia law, Supreme Court Justices She also served on the Fairfax County CLOTURE MOTION serve 12 year-terms, and then must General District Court, the Circuit seek reappointment by the State gen- Court of Fairfax County, and the Court We, the undersigned Senators, in accord- eral assembly. Justice Keenan was of Appeals of Virginia. Every one of ance with the provisions of rule XXII of the unanimously reappointed by the gen- Virginia’s bars, including the State bar Standing Rules of the Senate, hereby move to bring to a close debate on the nomination eral assembly. and the State Bar Judicial Nomina- tions Committee, have all recognized of Barbara Milano Keenan, of Virginia, to be If confirmed, Justice Keenan would a United States Circuit Judge for the Fourth be the first woman from Virginia to Justice Keenan and recommended her Circuit. serve on the Fourth Circuit. with their highest approval rating—ei- Harry Reid, Herb Kohl, Sheldon Justice Keenan earned her B.A. from ther ‘‘highly qualified’’ or ‘‘highly rec- Whitehouse, Richard J. Durbin, Ben- Cornell University, her J.D. from the ommended.’’ jamin L. Cardin, Patty Murray, Mark George Washington University Law I might also mention in passing that Begich, Kirsten E. Gillibrand, Mark R. School, and her L.L.M. from the Uni- Justice Keenan was the first woman Warner, Russell D. Feingold, Al Franken, Roland W. Burris, Dianne versity Of Virginia School Of Law. appointed to the bench in Virginia and was one of the original 10 appointees to Feinstein, Patrick J. Leahy, Barbara She received a unanimous rating of Boxer, Charles E. Schumer, Edward E. ‘‘well qualified’’ by the American Bar the Virginia Court of Appeals during Kaufman. Association’s Standing Committee on its creation in 1985. Lest any of my col- the Federal Judiciary, which is their leagues on either side of the aisle think The PRESIDING OFFICER. By unan- highest rating. this falls on the partisan divide that so imous consent, the mandatory quorum So I am pleased to join Senators often I think stymies this body, Jus- call has been waived. WEBB and WARNER today on the floor in tice Keenan not only has the support of The question is, Is it the sense of the support of her nomination. I commend Senator WEBB and myself, but she has Senate that debate on the nomination the Senators on the process they used the support of our new Republican Gov- of Barbara Milano Keenan, of Virginia, to make recommendations to the ernor, Governor McDonnell. Justice to be a United States Circuit Judge for White House for the Virginia vacancy. Keenan actually administered the oath the Fourth Circuit shall be brought to I hope the Senate will invoke cloture of office to Governor McDonnell just 6 a close? on this nomination today, and then weeks ago. The yeas and nays are mandatory take final action to confirm this nomi- I am a new Member of this body, and under the rule. nation without any further delay. perhaps I sometimes don’t always un- The clerk will call the roll. derstand the rules and process. How- I suggest the absence of a quorum. The legislative clerk called the roll. The PRESIDING OFFICER. The ever, it does seem strange to me that a clerk will call the roll. justice who is as highly regarded and Mr. KYL. The following Senator is The bill clerk proceeded to call the recommended as Justice Keenan— necessarily absent: the Senator from roll. someone whom the President nomi- Texas (Mrs. HUTCHISON). Mr. WARNER. Mr. President, I ask nated months and months ago and The PRESIDING OFFICER. Are there unanimous consent that the order for someone who has received unanimous any other Senators in the Chamber de- the quorum call be rescinded. support in the Senate Judiciary Com- siring to vote? The PRESIDING OFFICER. Without mittee and someone who has the sup- The result was announced—yeas 99, objection, it is so ordered. port not only of both Senators from nays 0, as follows:

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S909 [Rollcall Vote No. 29 Ex.] sent to the nomination of Barbara and 60 votes to overcome a filibuster on YEAS—99 Milano Keenan of Virginia to be United issue after issue. In addition to the Akaka Durbin McConnell States Circuit Judge for the Fourth Keenan nomination, 10 judicial nomi- Alexander Ensign Menendez Circuit. nations that received strong bipartisan Barrasso Enzi Merkley The Senator from Vermont. support in the Judiciary Committee— Baucus Feingold Mikulski Bayh Feinstein Murkowski Mr. LEAHY. Mr. President, I ask including seven that were reported Begich Franken Murray unanimous consent that each side be without dissent—should be considered Bennet Gillibrand Nelson (NE) allowed 1 minute before the vote. without delay. Debate should be sched- Bennett Graham Nelson (FL) The PRESIDING OFFICER. Without Bingaman Grassley Pryor uled, and votes taken on each of 14 ju- Bond Gregg Reed objection, it is so ordered. dicial nominees stalled who have al- Boxer Hagan Reid Mr. LEAHY. Mr. President, as with ready been considered and favorably re- Brown (MA) Harkin Risch so many other nominations before the ported by the Judiciary Committee. Brown (OH) Hatch Roberts Brownback Inhofe Rockefeller Senate, Justice Keenan has waited an Only 15 Federal circuit and district Bunning Inouye Sanders extraordinary amount of time to be court judges have been considered by Burr Isakson Schumer confirmed. Her nomination was re- the Senate during President Obama’s Burris Johanns Sessions ported without dissent by the Judici- Byrd Johnson Shaheen 13 months in office. By this date during Cantwell Kaufman Shelby ary Committee more than 4 months President Bush’s first term, the Senate Cardin Kerry Snowe ago. The unprecedented pattern of had confirmed 39 judicial nominees. Carper Klobuchar Specter delay and obstruction by Senate Re- The Senate can almost double the total Casey Kohl Stabenow Chambliss Kyl Tester publicans on issue after issue—over 100 number of judicial nominations it has Coburn Landrieu Thune filibusters last year—has affected 70 confirmed by considering the other ju- Cochran Lautenberg Udall (CO) percent of all Senate action. We have dicial nominees already before the Sen- Collins Leahy Udall (NM) to file cloture just to bring up a non- Conrad LeMieux Vitter ate awaiting final action. We should do Corker Levin Voinovich controversial matter. that now, without more delay, without Cornyn Lieberman Warner In addition to the Keenan nomina- additional obstruction. Crapo Lincoln Webb tion, 10 judicial nominations that re- In December, I made several state- DeMint Lugar Whitehouse ceived bipartisan support are being de- Dodd McCain Wicker ments in this chamber about the need Dorgan McCaskill Wyden layed. The Senate can almost double for progress on the nominees reported the total number of judicial nomina- NOT VOTING—1 by the Senate Judiciary Committee. I tions confirmed by stopping the filibus- also spoke repeatedly to Senate leaders Hutchison ters—by not requiring that and vote up on both sides of the aisle and made the The PRESIDING OFFICER. On this or down. following proposal: Agree to immediate vote, the yeas are 99, the nays are 0. Americans elect us to vote yes or no, votes on those judicial nominees that Three-fifths of the Senators duly cho- not to vote maybe, and when you have are reported by the Senate Judiciary sen and sworn having voted in the af- a filibuster, you vote maybe. We ought Committee without dissent, and agree firmative, the motion is agreed to. to have the guts to vote yes or vote no. to time agreements to debate and vote Mr. CARDIN. Mr. President, I ask The nomination of Justice Barbara on the others. I, again, urge Senate Re- unanimous consent that the vote on Keenan of Virginia to the Fourth Cir- publicans to reconsider their strategy the confirmation of the nominee occur cuit is noncontroversial. She should of obstruction and allow prompt con- at 2:15 p.m. and that postcloture time have been confirmed long ago. She has sideration of all 14 judicial nominees be considered expired at that time; the support of her home State Senators currently awaiting final Senate consid- that upon confirmation, the motion to and that of Virginians from both par- eration. There is no need for these to reconsider be considered made and laid ties, and many others. She was ap- be dragged out week after week, month upon the table, the President be imme- proved unanimously by the Senate Ju- after month, with only a single nomi- diately notified of the Senate’s action, diciary Committee over four months nee being considered every several and the Senate then resume legislative ago. As I predicted, and as the Senators weeks. End the blockage of this Presi- session; further, after this unanimous from Virginia predicted, the Senate dent’s nominees and vote on them. consent request is granted, the Senate unanimously voted to end the fili- I congratulate Justice Keenan on her then stand in recess until 2:15 p.m. buster of this nomination, 99–0. No confirmation today. I look forward to The PRESIDING OFFICER. Without member of the Senate has spoken in the time when the 13 additional judi- objection, it is so ordered. opposition to her nomination. There is cial nominees being stalled are re- f no reason she should not be confirmed leased from the holds and objections RECESS unanimously. that are preventing votes on their con- Despite the overwhelming support for The PRESIDING OFFICER. Under firmations. Justice Keenan, the Senate’s consider- The PRESIDING OFFICER. Who the previous order, the Senate stands ation of her nomination was filibus- yields time in opposition? in recess until 2:15 p.m. tered by Senate Republicans. Just as The Senator from Alabama is recog- Thereupon, the Senate, at 12:42 p.m., one Senator has objected to passing un- nized. recessed until 2:15 p.m. and reassem- employment insurance and COBRA Mr. SESSIONS. Mr. President, after bled when called to order by the Pre- benefits and Medicare payments for all we have done to work with the dis- siding Officer (Mr. BEGICH). doctors and extending the Satellite tinguished chairman of the Judiciary f Home Viewer Act, Republicans refused Committee, he still complains. I am EXECUTIVE SESSION to agree to debate and vote on the amazed. nomination of Justice Keenan. In fact, This nominee seems to be a solid they have refused to consider any judi- nominee. The President has due def- NOMINATION OF BARBARA cial nominations for the last three erence on nominees, and I think she MILANO KEENAN TO BE UNITED weeks. Delay and obstruction, obstruc- should be confirmed and I will support STATES CIRCUIT JUDGE FOR tion and delay. Even for nominations her. But President Bush’s nominees, THE FOURTH CIRCUIT—Continued that will be confirmed unanimously. for example, to the circuit courts, Mr. DODD. Mr. President, I ask for The Senate is far behind where we waited an average of 350 days from the yeas and nays on the pending nomi- should be in helping to fill judicial va- nomination to confirmation. And that nation. cancies. Vacancies have skyrocketed to was just the average. President The PRESIDING OFFICER. Is there a more than 100, and more have been an- Obama’s circuit nominees have been sufficient second? nounced. We need to do better. The confirmed, on average, 100 days faster. There appears to be a sufficient sec- American people deserve better. Indeed, some of President Bush’s ond. Instead of time agreements and the nominees to the circuit courts even re- Under the previous order, the ques- will of the majority, the Senate is ceived a hearing, despite being highly tion is, Will the Senate advise and con- faced with requiring cloture petitions qualified and highly rated nominees.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S910 CONGRESSIONAL RECORD — SENATE March 2, 2010 The majority of President Bush’s first extend vital safety net and tax provi- of full-time equivalent jobs by between 1.4 nominees waited years for confirma- sions. million and 3 million. tion—the first group he put up. This urgent legislation would prevent That is what CBO says. They say the But besides that, as I told the chair- millions of Americans from falling Recovery Act created or saved between man, I hope to end the tit-for-tats on through the safety net. It would extend 1 and 3 million jobs. That is real job this issue. He is having a good record of vital programs that expired Sunday. It creation. That means the Recovery Act moving nominees who are good, and would put cash into the hands of Amer- is working. That is why we need to de- the ones who are opposed on this side icans who would spend it quickly, feat efforts such as that made by the will be vigorously opposed. But this boosting economic demand. Senator from Kentucky and the Sen- nominee is qualified, and I support the It would extend critical programs ator from South Dakota to cut back on nominee and urge my colleagues to do and tax incentives that create jobs. Let the Recovery Act. Cutting back on a so. me be specific. Just today, we received proven job creator is the last thing we I yield the floor. detailed estimates from the National would want to do right now. The PRESIDING OFFICER. The yeas Economic Council on what would hap- We are working to line up votes on and nays have been ordered. pen if we fail to act. Unless we act, a the pending amendments and an The clerk will call the roll. half million workers who lose their amendment the Senator from Ken- The bill clerk called the roll. jobs nationwide, including nearly 1,600 tucky seeks to offer on the short-term Mr. KYL. The following Senator is in Montana, would be ineligible for unemployment and COBRA bill. I am necessarily absent: the Senator from help paying for their health insurance hopeful we may be able to reach an Texas (Mrs. HUTCHISON). under COBRA. agreement on these matters this after- The PRESIDING OFFICER. Are there Unless we act, the average doctor in noon. I thank all Senators for their co- any other Senators in the Chamber de- America would stand to lose more than operation. siring to vote? $16,600 in payments for Medicare. The The PRESIDING OFFICER (Mrs. The result was announced—yeas 99, average doctor in Montana would lose GILLIBRAND.) The Senator from Illinois nays 0, as follows: about $13,000. Unless we act, nearly 40 is recognized. [Rollcall Vote No. 30 Ex.] million Medicare beneficiaries and Mr. BURRIS. Madam President, I ask YEAS—99 nearly 9 million TRICARE bene- unanimous consent to speak as in Akaka Durbin McConnell ficiaries nationwide would be affected. morning business. Alexander Ensign Menendez Barrasso Enzi Merkley That includes nearly 144,000 Montanans The PRESIDING OFFICER. Without Baucus Feingold Mikulski with Medicare and nearly 33,000 Mon- objection, it is so ordered. Bayh Feinstein Murkowski tanans with TRICARE. f Begich Franken Murray Unless we act, 400,000 Americans Bennet Gillibrand Nelson (NE) MOVING FORWARD TOGETHER Bennett Graham Nelson (FL) would be ineligible for expanded unem- Bingaman Grassley Pryor ployment insurance benefits. This is Mr. BURRIS. Madam President, as a Bond Gregg Reed urgent legislation. We must extend this freshman Member of this body, I have a Boxer Hagan Reid great deal of respect for those who Brown (MA) Harkin Risch legislation, and soon. Brown (OH) Hatch Roberts We had a productive day on the bill have been a part of this institution for Brownback Inhofe Rockefeller yesterday. Senator SESSIONS offered his many years. Bunning Inouye Sanders amendment to impose discretionary On both sides of the aisle, veteran Burr Isakson Schumer Senators lend their experience, and Burris Johanns Sessions spending caps. This is essentially the Byrd Johnson Shaheen same amendment the Senate rejected their invaluable knowledge of proce- Cantwell Kaufman Shelby on January 28. A point of order lies dure, to the debates that take place in Cardin Kerry Snowe this Chamber every day. Carper Klobuchar Specter against the amendment under section Casey Kohl Stabenow 306 of the Congressional Budget Act, And, as anyone who knows the his- Chambliss Kyl Tester which requires 60 votes to waive that tory of the Senate can tell you, this Coburn Landrieu Thune point of order. At the appropriate time, has always been a friendly place, no Cochran Lautenberg Udall (CO) matter which party is in control. Collins Leahy Udall (NM) I intend to raise that point of order Conrad LeMieux Vitter against the Sessions amendment. This has always been a place where Corker Levin Voinovich As well, Senator THUNE offered his political leaders could disagree without Cornyn Lieberman Warner being disagreeable, no matter how vast Crapo Lincoln Webb amendment proposing business tax DeMint Lugar Whitehouse cuts offset by cutting back stimulus their differences happen to be. This Dodd McCain Wicker funding in the Recovery Act. This is es- Senate has always been governed by Dorgan McCaskill Wyden sentially the same argument the Sen- mutual respect, mutual trust, and mu- NOT VOTING—1 ator from Kentucky, Mr. BUNNING, has tual friendship. Without these key in- Hutchison been raising on the narrower, short- gredients, it is impossible for us to work together. The nomination was confirmed. term unemployment and COBRA exten- Such was the genius of our Founding The PRESIDING OFFICER. The mo- sion bill. The Senator from South Da- Fathers, who framed this system of tion to reconsider is considered made kota and the Senator from Kentucky government. and laid upon the table. The President both seek to cut back the Recovery They knew that partisan politics will be immediately notified of the Act. would rage outside these walls, so they Senate’s action. I believe these efforts are mistaken. created the Senate to be a refuge for f Let me tell you why. On issues relating to the budget and the economy, we those who are prepared to move for- LEGISLATIVE SESSION turn to the nonpartisan Congressional ward together to solve national prob- The PRESIDING OFFICER. The Sen- Budget Office for the straight story. lems. ate will resume legislative session. They are the neutral referees, and the The history of this Chamber is filled The PRESIDING OFFICER. The Sen- CBO says the Recovery Act is working. with legendary stories of compromise, ator from Montana is recognized. That is why it would be a mistake to of relationships across party lines that Mr. BAUCUS. I ask unanimous con- cut back on the Recovery Act. drove Senators from different back- sent to speak as in morning business. Last month CBO issued its report on grounds to find common purpose. The PRESIDING OFFICER. Without the effects of the Recovery Act in the Our dear friend Senator Kennedy, the objection, it is so ordered. fourth quarter. In that report, this is last lion of this Senate, was one of the f what the CBO said: greatest at forging bipartisan con- sensus and fostering mutual respect CBO estimates that in the fourth quarter EXPIRING PROVISIONS AND JOB with the other side. CREATION of calendar year 2009, the Recovery Act added between 1 million and 2.1 million to These stories remind us of the value Mr. BAUCUS. We now return to the the number of workers employed in the of civil discourse. They speak to the urgent legislation to create jobs and United States, and it increased the number necessity of working with one another,

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S911 not against one another, to confront We can argue about policy. We can I believe it is irresponsible to hold up the challenges we face. debate legislation. We can discuss pro- an important and fundamentally good But, I am beginning to wonder if cedure and disagree about political tac- bill for political reasons. these stories are just stories. tics. But I believe it is wrong to play I ask my friend from Kentucky to Although I have served in this Cham- politics with people’s lives. And I urge drop his objection, as others in this ber for only a short time, I recognize my friend from Kentucky to stop. Chamber have asked him many times that the atmosphere in this body is not If my colleagues and I are able to over the last few days. what it once was. overcome these objections and pass Let us move forward together. Let us I hear the accounts of bipartisan co- this bill in the next few days, we may be constructive. Let us recapture the operation in the past, but I see fewer be able to restore these benefits retro- friendly atmosphere that helped our and fewer examples of it today. actively. But the damage has already predecessors rise above partisan poli- In fact, just last week, the country been done. These programs are not de- tics and achieve great things. watched as two centuries of Senate signed to help people who can get by This is not how the Senate was in- procedure and privilege were abused for without unemployment insurance for a tended to function. So let’s prove to partisan gain. few days here and there. the world that this is still the greatest My colleagues and I were trying to These programs are targeted at those deliberative body on the planet. Let’s move forward with a bill that extended who can barely survive paycheck to reject these tactics and move forward unemployment benefits, health insur- paycheck. They are for people who together. And let’s, without delay, stop ance for the unemployed, lending as- need help keeping food on the table, the obstruction on this important leg- sistance for small businesses, and other until they have the opportunity to get islation. important programs. back on their feet. They are for people Madam President, I would like to No part of this bill was new or con- speak on another issue as in morning troversial. No part of it would signifi- who do not have the luxury of waiting just a few more days to pay the bills, business. cantly change the existing programs The PRESIDING OFFICER. Without as my colleague seems to think. that were in place, which were due to objection, it is so ordered. expire at the end of the week. We all The Senator from Kentucky has Mr. BURRIS. Thank you, Madam knew that, if this Senate failed to take brought our economic recovery to a President. grinding halt. He is playing politics action, all of these programs would f grind to a halt almost immediately. with hard-working Americans, and he Ordinary Americans across the coun- is wasting the time of this distin- HONORING THE ILLINOIS ATH- try would stop getting their unemploy- guished body. LETES OF THE 2010 WINTER ment checks and their COBRA health What has happened to the Senate of OLYMPIC GAMES benefits. Small businesses would see our forefathers? Mr. BURRIS. Madam President, we credit dry up literally overnight. In the What has happened to the atmos- live in a world divided. International middle of the worst economic crisis in phere of friendship that drove past Sen- tension, mistrust, and even war too decades, this would be a disaster. It ators to work together to solve big often separate nation from nation. But would be the last thing that America problems? every 2 years, thousands of athletes needed as we tried to help people get My colleagues and I have offered a from countries all over the world come back on their feet. But that is exactly solution that is acceptable to almost together to celebrate the human spirit. what happened when my friend from every Member of this Chamber. There They meet in competition, arriving Kentucky decided to raise objection. In are 99 Senators who either support this on the world stage from all five inhab- an instant, a single Republican Senator measure or would like to see an up-or- ited continents. Each of these five con- slammed the door on the American down vote. But my friend from Ken- tinents is represented by a simple, col- people, and left thousands of ordinary tucky does not mind taking advantage ored circle—a ring intertwined with folks out in the cold. of the rules of this Chamber to make a four others to form the familiar symbol He cut off assistance for those who political point, even if it means adding worn by every Olympic athlete. need it most. He denied unemployment to the misery of hundreds of thousands The Olympic Games are a powerful insurance to those who lost their jobs across this country, including his home force for world unity. And this year, through no fault of their own. State. for the 21st Winter Olympics, the eyes Just when folks were beginning to Perhaps we should not be surprised. of the world turned to Vancouver, Can- feel a bit more optimistic, my good After all, we have seen this kind of ob- ada—just across the border we share friend from Kentucky held up his hand struction time and time again from our with our good friends to the north. and said, ‘‘Not so fast.’’ Republican colleagues, even on issues As always, the competition was As a result, on Sunday night, 15,000 that are critical to the well-being of fierce in every sport. The greatest ath- Illinoisans lost their unemployment more than 30 million Americans. letes in the world tested their skills on benefits. Another 15,000 will lose their So maybe it should come as no sur- some of the most challenging courses benefits next week, and the week after, prise that a Republican Senator would in history. Records were set and bro- until my Republican friend drops his once again choose to manipulate Sen- ken. objection and allows us to pass an ex- ate procedure for partisan gain. In The world witnessed many tri- tension. These are folks who have felt many ways, I suppose that is all we can umphs—such as the success of a young the worst effects of the economic cri- expect from a party that has refused to Canadian figure skater, only days after sis. They are ordinary people, ordinary offer solutions of their own. the sudden loss of her mother. American families, who cannot afford I believe the American people deserve We also came together in the face of to miss a check. much better than that. I believe reg- great tragedy, mourning the shocking But the Senator from Kentucky has ular folks expect us to help make their death of a young athlete from the Re- objected to continuing these programs. lives better, not worse. And I believe public of Georgia. He has prevented the government from they are tired of obstructionism. They Such Olympic moments, both trium- putting these checks in the mail. He are tired of hearing that their rep- phant and tragic, are blind to region or has frozen the credit that will allow resentatives in Washington can not get nationality. They remind us of the small businesses to create jobs and put things done. qualities and the limitations we share more people back to work. He has sent I would urge all of my colleagues to in every field of human endeavor. And thousands of Federal workers home reach for the generous spirit of our at every moment, from the opening without pay. He has shut down impor- forefathers, which defined this Cham- ceremonies until the Olympic flame tant highway projects all across Amer- ber as a friendly and inclusive place for was extinguished, these Winter Games ica. so many decades. served as a testament to all that we I have been in public service for al- I would urge my colleagues to debate have in common. In a divided world, most 30 years. In all that time, I have the issues honestly and without resort- they served as an affirmation of the never seen anything like this out- ing to distractions and obstructionism. human spirit, and the value of friend- rageous abuse of senatorial privilege. No legislation will ever be perfect. But ship through sport.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S912 CONGRESSIONAL RECORD — SENATE March 2, 2010 I am proud to note that the United The PRESIDING OFFICER. Without an extension for unemployment benefits States Olympic team ended these objection, it is so ordered. passed. God has a plan for us all; I just pray that I don’t lose everything, as many others games with a total of 37 medals—more f than any other country, and a new have, and that one Senator isn’t playing the partisan card just because he can. I’m not record for the most medals won at a UNEMPLOYMENT BENEFITS Mrs. SHAHEEN. Madam President, sure that America is the land of opportunity single Winter Games. that it used to be. I would especially like to recognize last week Senate leadership reached That is the end of her quote. agreement on a short-term extension of and congratulate the Olympic athletes While some may think it is no big Federal unemployment benefits and who hail from my home State of Illi- deal to make people such as Linda wait nois. These young men and women had other critical programs that were set a week or 2 weeks to get another unem- the great honor of representing this to expire. But when we tried to pass ployment check, even short-term expi- country on the world stage, and they the bill, sadly, one single Senator ob- rations have damaging results. When did us proud. In fact, 8 of the 37 total jected. Because of that one Senator and State workforce agencies are forced to U.S. medals were won by Illinoisans. his filibuster, Federal unemployment shut down and restart complicated From Champaign to Chicago—from benefits and health care subsidies for Federal benefits programs, they experi- Wheaton, to Glenview, to Plainfield, to people who have lost their jobs have ence huge backlogs in their systems Glencoe, to Naperville—these 10 ath- now expired. This Senator also single- that delay getting checks out the door. letes took to the ski slopes, and the ice handedly halted highway projects Phone lines at call centers are jammed rinks, and the bobsled tracks, and they across the country and put workers’ fu- with claimants, holding up others from gave it their all. Some came home with tures in jeopardy. The obstruction of filing for benefits, and lines at one-stop Olympic gold. Some fell short of the this bill has brought to a standstill centers get longer and longer. In the finals. But they are all Olympians, and small business lending programs that best of circumstances, individuals who they all represented our country—and have been successful at boosting the see their benefits lapse while this fili- our State—with honor, integrity, and number of SBA-guaranteed loans since buster continues will have to wait sportsmanship. the Recovery Act was passed. Because weeks before they begin receiving So I take great pride in thanking the of the Senator’s actions, physicians checks again. That is a long time when following Illinoisans for their dedica- will see their immediate care reim- you are living on unemployment. tion and hard work at this year’s bursements slashed by over 21 percent, Olympic games: Lana Gehring, Kath- Then there is the uncertainty and threatening the health care of too the fear that comes when someone erine Reutter, Brian Hansen, Nancy many seniors in New Hampshire and Swider-Peltz, Jr., Shani Davis, opens the mail to find a notice that across this country. this check is the last one they will re- Jonathon Kuck, Lisa Chesson, Evan There may be some people who don’t Lysacek, James Moriarty, and Ben ceive. Families can’t make responsible realize the damage caused by these budget choices when we abruptly inter- Agosto. lapses, so I am here, as so many people I ask my colleagues to join me in rupt safety net programs. have been here on the floor over the So this filibuster isn’t just holding congratulating these 10 Illinoisans, last several days, to talk about what is along with their teammates, and every up benefits to those who are already happening to too many people because out of work; it is causing more Ameri- coach, parent, and supporter who con- of this filibuster. tributed to the success of Team USA. I cans to lose their jobs. By cutting off First, this is about the struggles highway funding, one Senator has put thank them for all they accomplished faced by individual workers and their in Vancouver, and wish them nothing thousands more Americans at risk of families. Right now, with a record losing their jobs. For the first time in but continued success in the future. number of unemployed workers com- There are few international spec- 20 years, construction projects across peting for each job, it has become hard- the country have halted. Without an tacles as singular and as inspiring as er than ever for people who lose a job the Olympic games. A force for unity extension of highway programs, con- to get back to work. Of the 16 million struction companies in New Hampshire in a world divided, these competitions Americans who are out of work today, have the power to bring us together as can’t plan ahead. Workers in New nearly 6 million—more than 1 in 3— Hampshire don’t know whether there one people, celebrating the human spir- have run through the benefits provided it with one voice. will be a job for them when construc- by their States. These 6 million people tion season starts back up in the Thanks to the world-class athletes are the ones served by Federal unem- who took part, from the United States spring. Due to the actions of just one ployment, which is a critical safety net Senator, the future of these workers is and more than 80 countries in every that helps families buy gas and gro- corner of the globe, this year’s Winter uncertain. ceries and helps them heat their homes This filibuster is especially egregious games in Vancouver were no exception. and pay their mortgages and their I hope that as the world’s athletes re- because it abuses the Senate rules, but, rents while they look for the next job. turn to their respective countries, and unfortunately, abusing the rules in Because of the actions of just one as we turn our attention back to the order to prevent us from addressing the Member of this body—actions that I be- challenges we face in our daily lives, needs of families and small businesses lieve are irresponsible—more than 1.2 this Olympic spirit of unity will persist has sadly become too routine. That is million people will get their last check until we meet again on the world stage, why I believe we need to take a very during the month of March. in London, for the 2012 Summer games. hard look at changing the Senate rules. Congratulations to the Illinoisans My office has heard from hundreds of It is time to stop playing political and all of those who participated from constituents in the last week who are games with the lives of the American the great United States of America in on the verge of losing their benefits, people. I hope that at least on this bill, these games. and their stories are heartbreaking. I every Member of the Senate can come Madam President, I suggest the ab- wish to tell my colleagues about just together to support the millions of peo- sence of a quorum. one. ple who are counting on our leadership. The PRESIDING OFFICER. The A woman named Linda wrote me. She Thank you very much. I yield the clerk will call the roll. said: floor and note the absence of a quorum. The assistant legislative clerk pro- I’ve been unemployed for the first time in The PRESIDING OFFICER. The ceeded to call the roll. my life since August. I will be 60 on March clerk will call the roll. Mrs. SHAHEEN. Madam President, I 14, and I have not been able to find another The assistant legislative clerk pro- ask unanimous consent that the order full-time job. I own an older mobile home in ceeded to call the roll. Epping and don’t have a retirement plan, a for the quorum call be rescinded. nest egg, or anything of that nature. The The Senator from South Carolina. The PRESIDING OFFICER. Without prospect of my unemployment benefits going Mr. DEMINT. Madam President, I ask objection, it is so ordered. away very soon (I may only have two to unanimous consent that the order for Mrs. SHAHEEN. Madam President, I three weeks left) because of one Senator the quorum call be rescinded. ask unanimous consent to speak as in digging in his heels makes me feel sick. The PRESIDING OFFICER. Without morning business. Please, please do everything you can to get objection, it is so ordered.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S913 GOVERNMENT SPENDING will certainly damage prospects for No- will have to do less. That needs to Mr. DEMINT. Madam President, I vember elections. begin here. It needs to start today. We know the Senate has been dealing with Senator BUNNING from Kentucky has can’t keep expanding government, bor- a difficult issue, and I wish to make taken a courageous stand to hold the rowing money every week, and com- some comments relative to the Senator Democrats—in fact, all of us—account- plaining about the debt. Only in poli- from Kentucky, Mr. BUNNING, who I able to the things we say we believe. I tics would that happen. We have to think has taken a lot of unfair criti- believe, as does Senator BUNNING, that stop it here, this week. Again, I thank cism for asking our Democratic col- if we are going to renew these benefits, Senator BUNNING for his courage and leagues to abide by their own rules. we should pay for them. We should clarity. Much has been made in the Senate look at areas of our government that I yield the floor and suggest the ab- and in the Congress and at the White we don’t have to do and reduce them or sence of a quorum. House over the last year about the eliminate them so we can pay for the The PRESIDING OFFICER. The unsustainable level of spending and things we feel we have to do. I think clerk will call the roll. borrowing and debt we have as a na- the names of the Senators who want to The assistant legislative clerk pro- tion. Yet it seems that almost every borrow the money to do this, who want ceeded to call the roll. Mr. BAUCUS. Madam President, I week we create some new government to add to our debt to do this, should be ask unanimous consent that the order program or expand spending in some recorded for the public to see. for the quorum call be rescinded. area. I think it is time we expose the This bill will cost $10 billion. We could find the money to pay for this The PRESIDING OFFICER. Without hypocrisy that is going on because we objection, it is so ordered. bill. We could repeal a very small part know the level of debt we have is going Mr. BAUCUS. I just heard the Sen- of the stimulus plan. We could repeal to eventually, sooner or later, bring ator say, in defense of Senator the TARP or the bailout money. We our country down. Yet we don’t seem BUNNING, that our side will not allow could cut some earmarks—some local to have the willpower to stop any Senator BUNNING to have a vote. I want spending. parochial projects—or we could cut to clear up the record. That is not the Last week, we created a new govern- other government programs that have case at all. As far as I am concerned, ment program, a new travel promotion been deemed unnecessary or wasteful. Senator BUNNING can have his vote. He The Congressional Budget Office says agency. Now we are going to extend un- can have his vote on his pay-for. The employment and COBRA benefits, the government would save $12 billion point is, does Senator BUNNING want an which are good things. Certainly, in a if we allowed health insurance compa- assurance that he has enough votes down economy, we need to consider nies to compete in an interstate com- from the Democratic side so that his those around the country who are suf- merce fashion. We have talked about it vote passes? Well, of course not. We fering and make sure we do everything a lot as part of the health care debate. vote here; that is what the Senate is we can that is fair to take care of If all we did—no taxpayer funds at all— for. Those in favor vote aye; those not them, but when we borrow the money is allowed interstate competition for in favor vote no. That is the demo- to do it, we threaten the futures of our health insurance, the government cratic process. That is the process most children and grandchildren, diminish could save $12 billion and more than Americans understand. their quality of life, and likely cause pay for this bill we are talking about So if he wants his vote, he can ask their unemployment in the future. We today. We could help people get in- for it and he can have that vote. I will can hardly pat ourselves on the back sured, lower the cost of health insur- not prejudge whether he will win or for our compassion and generosity ance, help small businesses create jobs, lose. As far as this Senator is con- when we are not making any sacrifices and pay for the bill that extends unem- cerned, he can have that vote. My ex- or even any hard decisions in the Sen- ployment benefits. But we are not even pectation would be after that vote is ate to pay for those things we say are willing to talk about a responsible way concluded one way or another we can a priority. to pay for a bill. Senator BUNNING says: vote on the underlying 30-day amend- Instead of paying for this extension Wait a minute. We have been talking ment so we can finally get people their of unemployment benefits and COBRA, about paying for these bills as we go, unemployment checks that are due, the Democrats want to pass it without and the first two bills we brought up their COBRA benefits, and their health any debate, without any vote. They since we passed pay-go have not been premium subsidies that are due. Fi- don’t want to pay for it. We are not paid for. He said we should at least nally, we can enable doctors to be paid even considering ways we can pay for bring it to the floor and have some de- so they can see Medicare patients. this extension. Instead, we classify it bate and a vote. I think that is pretty This is a very simple solution. We as emergency spending at the last reasonable. can just vote. If Senator BUNNING minute and try to force Congress into Senator BUNNING was right to address wants to vote, I say: Fine, let’s vote. spending money we don’t have. We this problem, and I commend him for If he complains: Oh, no, I want to brought it up at the very last minute it. I hope our colleagues will stop the make sure I win, I don’t think that is at the end of last week and said, if we hypocrisy, stop trying to create a crisis entirely proper. I think it is proper to don’t pass it now by unanimous con- of our debt while we make that crisis have the votes, and Senators can vote sent, people will go without their un- worse every day, adding to the debt al- their wishes and their views. We can employment and their COBRA. most every week. have that vote. When that is con- This is not emergency spending. It Now we have Members of this body cluded, we can go on to the 30-day reso- was entirely predictable that these looking at new ways to raise taxes or lution so that people can get the bene- funds would run out, when existing create new taxes on Americans. This is fits they are due. That is the only re- funds would run out. Instead of acting not the way to help our country, and it sponsible and reasonable way to deal prudently to extend these benefits in is not the way to lead. It is certainly with this. I hope we do that. We are ways we could pay for them, the way hypocrisy. I thank Senator BUNNING for waiting for the Senator from Kentucky my Democratic colleagues have prom- his stand. I ask all my colleagues to to indicate whether he would like to ised we would with this pay-go rule, join us in looking at what this Federal vote. It is pretty simple. they are declaring an emergency at the Government has to do and to do those I yield the floor. last minute to ram it through without things well, to fund them properly, but The PRESIDING OFFICER. The Sen- any debate and without a vote. to take those things that don’t have to ator from California is recognized. Moreover, they want to do this anon- be done at the Federal level and move Mrs. BOXER. Madam President, I ymously, through the process we call them to the States or back to the peo- came here in the hope that, as we begin unanimous consent. That means they ple, as the tenth amendment says. We work on this very important bill that don’t want a rollcall vote. Why don’t clearly cannot move forward as a Na- is going to help reinvigorate our econ- they want a rollcall vote? Because it tion with the Federal Government omy, we are making progress on get- shows who means what they say. It doing more than it is doing today. ting Senator BUNNING to step down shows who believes in this idea of pay If we are going to survive and thrive from his objection to a short-term ex- as we go that we call pay-go, and it as a Nation, the Federal Government tension of the number of programs that

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S914 CONGRESSIONAL RECORD — SENATE March 2, 2010 are essential to the well-being of our FEDERAL LANDS CONSTRUCTION HALTED BY FURLOUGH way trust fund has run out of funds. He Nation. OF DOT INSPECTORS DUE TO BUNNING OBJECTION— doesn’t think it is an emergency that Senator BUNNING says he is objecting Continued there are long-term jobless Americans. to an extension of unemployment bene- He doesn’t agree. He doesn’t agree that fits and health subsidies for the jobless State Project Cost it is an emergency, I gather, that peo- and, by the way, highway and transit Mississippi ...... Vicksburg National Military 5,000,000 ple cannot pay for their health care ex- Park road rehabilitation and programs and other programs because resurfacing. tension. he wants to offset that extension with Mississippi ...... Natchez Trace Parkway trail 4,700,000 By the way, he also stopped—this is construction (Madison Coun- cuts in funding from the Economic Re- ty). very important, and I know the Sen- covery Act. New Mexico ...... Carlsbad Caverns National 9,000,000 ator from Montana knows this well— Monument roadway rehabili- I want to make the point that at a tation. the 21 percent to our doctors who take time when jobless rates are soaring, North Carolina ...... Newfound Gap road rehabilita- 9,900,000 Medicare. I met with my doctors from tion. certain of these actions that we take North Carolina ...... Blue Ridge Parkway reconstruc- 6,000,000 California today. They cannot believe are emergency actions. They are ac- tion and resurfacing. this is happening. In Ventura County North Carolina ...... Goshen Creek Bridge replace- 3,000,000 tions we take because the long-term ment. our doctors are saying that because of unemployed are in big trouble. If we Ohio ...... Fitzwater Road bridges replace- 4,400,000 this 21-percent cut they are facing in ment. pay for this by slashing economic re- Oregon ...... Beaver Creek Road Ochoco Na- 6,200,000 their reimbursements, they are only covery funds that are already obligated tional Forest. going to see emergencies. They are not South Carolina ...... Ft. Sumter Historic Site en- 262,000 or are about to go out, and they are trance road and parking going to see someone who has a non- about to start hiring people, then it area rehabilitation. emergency. This is gamesmanship. Tennessee ...... Cades Cove Loop Road reha- 6,700,000 UNNING seems to me we are taking one step for- bilitation. I call on Senator B to remove ward and two steps back. I am willing Tennessee ...... Shiloh National Park tour roads 3,000,000 his objection to the extension of the and parking area rehabilita- to vote on this matter, and I hope Sen- tion. highway trust fund and the transpor- ator BUNNING will lift his objection if Tennessee ...... Catossa Wildlife Management 1,000,000 tation programs and the unemploy- Area bridge replacement. we get to vote. It is not a problem. Utah ...... Bear River Access Road ...... 13,800,000 ment benefits and the cuts in Medicare Let’s vote on it. Virginia/DC ...... George Washington Parkway 36,000,000 reimbursement to our doctors. Each Humpback Bridge replace- I have written to Senator BUNNING on ment. week that Senator BUNNING maintains a couple of occasions on behalf of the Virginia ...... Blue Ridge Parkway reconstruc- 12,000,000 his hold, each week that he insists he tion and resurfacing. 201,000 Californians who have already Virginia ...... Petersburg Park tour road relo- 1,500,000 will stop this, 6,000 California families seen their unemployment insurance cation. will lose their unemployment benefits. Puerto Rico ...... Vieques National Wildlife Ref- 6,000,000 benefits expire if we don’t renew this. uge road and bridge recon- Let’s end this today. Each week that This is a very dangerous precedent to struction. Senator BUNNING maintains his hold, Puerto Rico ...... El Yonque National Forest slide 3,000,000 set. I noted to him that not only is he repair. many California small businesses will U.S. Virgin Islands ...... Christiansted Bypass construc- 14,000,000 not be able to get access to needed hurting people who are doing every- tion. thing in their power to get work, but U.S. Virgin Islands ...... Centerline Road reconstruction 9,000,000 loans from the SBA and the flood in- U.S. Virgin Islands ...... St. John roundabout construc- 7,200,000 surance program was held up. Califor- he is also shutting down transportation tion. projects in California and in 16 other U.S. Virgin Islands ...... Long Bay Road reconstruction 5,500,000 nians and Americans from every State U.S. Virgin Islands ...... University of Virgin Island side- 988,000 will lose their health insurance cov- States because he will not agree to re- walk construction. authorize the highway trust fund for U.S. Virgin Islands ...... North Shore Road reconstruc- 448,000 erage. just 30 days. This is an impossible situ- tion. I can only marvel at this turn of ation. Source: U.S. Department of Transportation, http://www.dot.gov/affairs/ events—and not marvel in a good way. I ask unanimous consent to have 2010/dot3610.htm. It takes obstruction to the next level. printed in the RECORD a list of the Mrs. BOXER. Madam President, in It is a bridge too far. I think there are States already impacted by Senator California, we are already seeing lay- Members on the Democratic side who BUNNING’s objection to a 30-day exten- offs because the department of trans- are willing to stand on their feet for as sion for the highway trust fund. portation had to lay off and furlough— long as it takes to try to get this done There being no objection, the mate- they furloughed, temporarily I trust— today. We hope Senator BUNNING will rial was ordered to be printed in the 2,000 Federal inspectors who are over- back down. If he continues and keeps RECORD, as follows: seeing in 17 of our States a number of this up, if the highway program is shut important projects; for example, in down for just 1 month, tens of thou- FEDERAL LANDS CONSTRUCTION HALTED BY FURLOUGH Alaska, the Tongass National Forest sands of jobs are at stake. OF DOT INSPECTORS DUE TO BUNNING OBJECTION road cleanup. Another project in Ari- I want to say what those jobs would zona is the Coronado National Monu- be. In Arizona, it would be 1,400 jobs; in State Project Cost ment main park entrance. In Arkansas, California, it would be 6,000; in Florida, Alaska ...... Tongass National Forest road $1,100,000 there is a shutdown. In California, 3,000; in Illinois, 2,000; in Kentucky— clean up. there is the Sequoia National Park the home State of Senator BUNNING, Alaska ...... Coffman Cove Dock construc- 885,000 tion. main entrance, the Southfork Smith who is stopping the highway trust fund Arizona ...... Coronado National Monument 1,500,000 River, and Golden Gate National from being funded—it would be 1,198 Main Park entrance. Arkansas ...... East Fly Gap and Gunner Pool 923,000 Recreation Area road construction. In jobs, if he keeps this behavior up for 1 Roads landslides restoration. DC, there is the 9th Street Bridge re- month. California ...... Sequoia National Park main 15,000,000 entrance. placement. Senator BUNNING says he has every Californa ...... South Fork Smith River ...... 13,800,000 One Senator is stopping these impor- right to do this. Sure he does. He is a California ...... Golden Gate National Recre- 8,700,000 ation Area road construction. tant construction projects. They are Senator and he can do it. But it is District of Columbia ...... 9th Street Bridge replacement 50,000,000 crucial safety projects that have been wrong. If each of us decided to throw a Georgia ...... Chicakamauga & Chattanooga 634,000 National Military Park con- stopped in their tracks because one fit every time we didn’t like something struction. Senator has decided that it is his way around here, who gets hurt? Not Sen- Idaho ...... Salmon River Road Nez Perce 20,133,000 National Forest construction. or the highway. ator BUNNING. He has a job and he has Idaho ...... Little Salmon River Bridge Nez 3,800,000 We have to stop bringing this Senate health care. He is not worried. He is Perce National Forest inter- section. to paralysis. We all have our opinions. not a physician who is getting held up Idaho ...... Ferran Lakes Idaho Panhandle 14,600,000 I have mine and I know the Senator either. He is fine and I am fine. It is National Forest. Illinois ...... McRaven Road reconstruction .. 1,100,000 from Montana has his and the Senator the people of Kentucky, his State, and Maryland ...... Great Falls Park entrance road 3,100,000 from New York has his and the Senator it is the people of California, my State, construction. Maryland ...... Piscataway National Park ero- 89,000 from Michigan has hers; and we think who get hurt. sion and slope damage re- we are right and we make our case. If this keeps up for 1 month, there pair. Mississippi ...... Natchez Trace Parkway resur- 8,100,000 Once we have argued our cases, the will will be 6,000 job losses in Texas and facing. of the Senate has to go forward. 1,300 in Wisconsin. If this keeps up and Mississippi ...... Natchez Trace Parkway trail 5,600,000 UNNING construction (Ridgeland Senator B doesn’t seem to we do not get our work done and we do County). think it is an emergency that the high- not reauthorize the highway trust

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VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE Insert offset folio 377 here ES02MR10.001 March 2, 2010 CONGRESSIONAL RECORD — SENATE S917 Mrs. BOXER. Madam President, as I only are 1 million people—including 201,000 cians who are relying on us not to stand here today, it would be pretty Californians—losing their unemployment allow a 21-percent cut for Medicare to easy to solve this problem. Senator benefits but the Department of Transpor- go into place. The fact that we do not tation has now furloughed without pay near- BUNNING needs to stand down. He just have a lot of leadership down here says ly 2,000 workers. needs to stand down. He made his This is completely unacceptable. It is hurt- to me they are working on this now. It point. He argues that we should pay for ing people in your state, in my state and all says to me they are reaching out to emergency funding. I voted for pay-go, across the country. Senator BUNNING and my Republican but we do have a clause that says if it As a consequence of the furloughs, federal colleagues to see if they will stand is a real emergency, we do not have to inspectors will be removed from critical con- down. pay for it. struction projects across the nation, and I want to say I hope he does. These The reason that is important is if we work is already shutting down. I am attach- are real people. These are real people ing the Department of Transportation’s list who are suffering. There is no need for do what Senator BUNNING wants and we of some of the affected projects. which in- extend this jobless help and we extend cludes critical construction work in 17 them to suffer. We are not going to the highway trust fund and, on the states, the District of Columbia, Puerto Rico turn our backs on the long-term job- other hand, we cut the economic recov- and the U.S. Virgin Islands. less. We are not going to turn our ery moneys which are all obligated and We can’t have an economic recovery if peo- backs at all. This is just political ma- on which work is about to start, we are ple can’t make ends meet and if transpor- neuvering which is making life very not doing anything for the country. tation projects grind to a halt. I am writing difficult for people whose lives have to you as Chairman of the Environment and Let’s do this right. Many of us who been pretty much shattered if they are Public Works Committee to ask you to stop long term unemployed and looking for are standing here saw terrible deficit this gamesmanship and remove your objec- and debt problems during the Clinton tion to the extension of the transportation work and trying desperately to get it. years. You know what we did? We fixed authorization and unemployment benefits. Hopefully, Senator BUNNING will back it. We had room for emergencies. But Sincerely, down, and my Republican friends will we fixed it by going to pay-go. When BARBARA BOXER. agree that we can move forward. If there were emergencies, we stepped Mrs. BOXER. Madam President, I they want a vote on Senator BUNNING’s back. wrote to him on February 26 ‘‘On be- plan to cut economic recovery funds I think it is fair to note that Senator half of the 201,000 Californians who will that have already been obligated to put BUNNING is very agitated about the fact see their unemployment insurance ben- people to work to pay for an emer- that we would extend jobless benefits efits expire’’ and telling him that the gency, I am willing to take that vote without cutting spending in job cre- benefits will expire on Sunday, which any day of the week. I hope to be back later and have some ation. Yet when it was time for him to was 2 days ago; that unemployment in- comments. I hope those comments are: vote for tax breaks for the wealthiest surance is a lifeline to the long-term Good, we got past this crisis. But at people who earn over $1 million, he unemployed whose families have been the moment, it is 4 o’clock in the after- could care less that it was put on Uncle hit hard by this recession. I thanked noon, and we are not through it yet. I Sam’s credit card. When it was time to him for his immediate attention, and I am hopeful that maybe later we will pay for the war in Iraq, oh, put it on hope he did, in fact, read this letter. get through this and extend these vital the credit card of the country. But all And I hope he read my letter of March programs to the people who need them. of a sudden, it is help to our families 1. I am going to close. I thank the peo- I wrote to him as chairman of the who need it so desperately and we are ple who have worked so hard with me Environment and Public Works Com- going to have to cut other programs on getting this highway reauthoriza- mittee. I wanted to make sure he knew that are providing jobs. It does not tion done. It is Republicans and Demo- that he also objected to reauthorizing make sense. It is not fair, and it is not crats. It is the Chamber of Commerce. the highway trust fund expenditures, consistent. It is AASHTO. It is the general con- and that means the Department of I renew my request that I have made tractors. It is the construction unions. Transportation is starting to lay off twice now to Senator BUNNING. I ask This is an amazing team of people. It is people. They laid off inspectors, fur- unanimous consent to have printed in the AAA. It is the car riders associa- loughed them. They will go back to the RECORD my letters to him. tions. It is everyone—Republicans, work when we fix this mess. But what There being no objection, the mate- Democrats, Independents. They want rial was ordered to be printed in the a mess. Do you know what it is to shut down an end to these games. I hope today we RECORD, as follows: will see the end. If we do not, then we U.S. SENATE, construction jobs midway? By the way, these are private sector employers, pri- are going to have a long, long night Washington, DC, February 26, 2010. ahead of us to make the point that it is Hon. JIM BUNNING, vate sector workers who are doing this U.S. Senator, Hart Senate Office Building, work. It is unacceptable. I told him, wrong for one Senator to stop our peo- Washington, DC. ‘‘It is hurting people in your State, in ple, our American people from getting DEAR SENATOR BUNNING: On behalf of the my State and all across the country.’’ the help they deserve, from getting the 201,000 Californians who will see their unem- These Federal inspectors will be re- jobs they deserve to have in the high- ployment insurance benefits expire in the way fund and the help they need while month of March unless we act to renew moved from critical projects across the Nation. Work is shutting down. I at- they are looking for work. them, I ask that you stand down imme- I yield the floor. diately. tached the Department of Transpor- The PRESIDING OFFICER. The Sen- As you know, if you do not relent, these tation’s list of the affected projects. I ator from Michigan. benefits will expire on Sunday. Unemploy- said: f ment insurance is a lifeline to the long-term We can’t have an economic recovery if peo- unemployed whose families have been hit ple can’t make ends meet and if transpor- MORNING BUSINESS very hard by this recession. tation projects grind to a halt. Thank you for your immediate attention. Ms. STABENOW. Mr. President, I ask Sincerely, We all know the housing sector is so unanimous consent that there now be a BARBARA BOXER. weak. That construction is not going period for the transaction of morning well. We need to construct the infra- business, with Senators permitted to U.S. SENATE, COMMITTEE ON ENVI- structure of this Nation. These are not speak therein for up to 10 minutes RONMENT AND PUBLIC WORKS, make-work projects. These are projects each. Washington, DC, March 1, 2010. fixing bridges and highways and mak- The PRESIDING OFFICER (Mr. Sen. JIM BUNNING, ing sure our roads are safe. I asked him KAUFMAN). Without objection, it is so Hart Senate Office Building, to stop his gamesmanship and remove Washington, DC. ordered. his objection to the extension of the DEAR SENATOR BUNNING: I want to make f transportation authorization and the sure you are aware that as a result of your EXTENSION OF BENEFITS objections to a short-term extension of un- unemployment benefits. employment insurance, COBRA, and other As I said today, I add to that the ex- Ms. STABENOW. Mr. President, be- help for people who have lost their jobs, not tension of the funding for our physi- fore my friend from California leaves

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S918 CONGRESSIONAL RECORD — SENATE March 2, 2010 the floor, I first thank the Senator available in a community. People line side, has come to the floor and is ob- from California for her leadership in up around the block because they want jecting and putting us in a situation bringing together a bipartisan effort to to work. People are going back to where we are going to have to either create jobs and for coming to the floor school to gain different kinds of skills shut down the work of the Senate for a to speak about one of the important to fit in the new economy. They are week to vote to override or to do some- elements that is being held up right doing everything they can, piecing it thing else. This has put us in a situa- now by Senator BUNNING and other Re- together with part-time work, two tion where people are being hurt be- publicans who have come to the floor jobs, three jobs, trying to hold it to- cause of partisan games. in support of his efforts. gether. The leader has come to the floor and I thank Senator BOXER for her lead- We also have people who are one pay- said: If you have a concern, you should ership and her ability to bring people check away from being in the very offer an amendment. We should debate together to get things done and to same situation, who are holding their that amendment. You can have an up- speak to the fact that this is about jobs breath, who are holding back on the or-down vote on that amendment. That and we have a sense of urgency about spending they would normally do that is the democratic process. And then we what needs to happen going forward. would generate economic activity in will vote. I wish to speak to that sense of ur- the economy because they do not know Up until this point, the Senator has gency and speak first about what is what is going to happen. said no because he doesn’t know if he happening for real people. Then I want This is critical to families; people will win that vote. Well, we don’t know to talk a little bit about the process as today who have done nothing but play at any given time when we offer an well, how could we be here, because by the rules, such as the woman who amendment whether we will win. When people are looking and saying: How can called my office, want to know when is you run for an election, you don’t know one person or a group of people or the their government going to be there for if you will win. This is a democratic minority continue to hold up our abil- them. process. ity to solve problems? That is a very Somehow, as has been said before, So I challenge our colleagues to stop good point that we need to talk about. the Senator from Kentucky did not blocking democracy, to stop blocking First, I want to share some com- manage to make it to the floor when 1 the democratic process and just vote. ments from a distraught woman from percent of the public, the wealthiest in Just vote. Majority vote. That is what Grand Rapids who called my office a America, were getting huge tax cuts. the Founders created, a process for the little bit ago in tears because her un- He didn’t manage to make it to the majority to govern, with spirited de- employment benefits had expired. This floor when we were talking about Wall bate—spirited debate—and up-or-down has been her only source of income for Street and bailouts. But somehow he votes. Don’t block democracy. That is over a year now. She has about 2 can come to the floor and hold up the exactly what is happening right now. It months left in savings before she loses ability for people who are unemployed is time to vote. It is time to get things her home. First she loses her job, and to get some temporary help and put done. It is time to show the American now she is about to lose her home. My the entire weight of the Federal deficit people that we get what is going on in guess is she has been struggling with on the backs of people who are out of their lives. Let’s just vote. health care as well. work, who lost their breadwinner in What has happened in the last couple She kept repeating: I was a produc- their home. That is stunning to me, ab- of years? We have seen a process that tive member of society, but now I have solutely stunning to me. Whose side in 1919 and 1920 was used two times in nothing. She spoke about doing various are we on here? What is this about if it 2 years—two times in 2 years. Even in temporary jobs since losing her full- is not to make sure that when disaster the first Senate, it was used zero times. time job as an administrative assistant hits, we are willing to step up on behalf We have seen a process that in the last back in 2007, having 18 years of work of American families and support them number of years has gotten to a point experience and she still has not quali- and do something about it? where in the last Congress the process fied for a new job. Her search con- Our colleague has said we should not of blocking and obstructing—the fili- tinues. She was pleading for the Senate add to the deficit; while other things buster—was used 139 times by our Re- to pass an unemployment extension be- have certainly added to the deficit, we publican colleagues, and that was the fore she loses her home. should make sure this is paid for. most ever. Look at that. It doubled any In Michigan and all across this coun- We are the party that balanced the other time in the history of the coun- try, this is not a game. This is real. budget in the nineties. We do not need try. Well, they are going to double it People are in a position today where a lecture from people about solving again. As of today, we have a situation they do not know if they are going to deficits. We are the ones who created where we have seen the party of no fili- be able to keep their home, if they are the balanced budget and surpluses that buster 118 times, and we are barely going to be able to put food on the then went right out the window in the through 1 year of a 2-year cycle. So we table at the end of the week, next week last 8 years under the previous admin- are on the road to see it doubled and or be able to pay their rent or be able istration. We do not need lectures on create a time of amazing historic ob- to keep the heat on. With the small how to deal with deficits. But we also struction we have never seen before. amount of money that comes in from know when there is a disaster, whether This is an example today of what hap- unemployment—an average about $300 it is a flood, a hurricane, or another pens when that process, which is a le- a week—that right now is the dif- kind of disaster, and the reality is that gitimate process, is abused—people get ference between whether people are on people in this country have been hit by hurt. the street, in the cold with their fami- a disaster. So it is appropriate to treat So I would call on colleagues to stop lies, or whether they have a roof over this as a disaster with disaster funding. blocking democracy and to simply their head. That is the reality of what I don’t know what a disaster is if the come and debate and vote. Let’s decide is happening for people in this coun- more than 15 million people we know and move on so that we can get things try—not people who are lazy, not peo- about right now, not counting the done for the American people. ple who do not want to work but people other 10 million or 15 million people The underlying bill in front of us is a who have found themselves caught in who aren’t being counted, is not a dis- bill that will extend unemployment this huge economic tsunami that has aster. benefits for 1 year, and that is the hit our country. I wish to talk for a moment about right thing to do. It will extend help We have over 15 million people cur- the process because we find ourselves for health care, for COBRA, for 1 year, rently receiving unemployment bene- in a situation where we have seen an and that is the right thing to do. It will fits who want to work, who are looking abuse of the democratic process over extend help for States to pay for health for work, who, on average, find there and over here in the Senate by our mi- care. It will extend it beyond the next are six people looking for work for nority party colleagues. 6 months of when we put help in place every job available. Just watch what We have been brought to a point under the Recovery Act. It will make happens when you announce there are where now one person, although sup- sure our doctors can continue to get 50 jobs or 100 jobs or maybe even 2 jobs ported by others on the Republican paid a fair reimbursement to serve our

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S919 seniors under Medicare. And it will cused on how important it is to get Moorhead, MN, have already begun fill- allow us to keep jobs going and to ex- this program done, how important it is ing sandbags in preparation for this tend important investment tax credits. that one person should not be allowed year’s floods. Although the Red River In reality, we have a lot of work to to hold up something that is so worthy runs between Moorhead, MN, and do here in the Senate. We need to dis- and expected and necessary for the Fargo, ND, when it comes to this ca- pose of this immediate situation of American people—but there is one lamity, the area is one community. In helping people. We need to make sure thing that has not been discussed as a testament to the people of northwest we put in place the short-term help on much, and that is the National Flood Minnesota and eastern North Dakota, unemployment and health care and Insurance Program that is also in- the river does not divide us; it unites other provisions that have been talked cluded in this bill. us. about and then move quickly to the Homeowners insurance covers dam- As honorable, tireless, and commend- broader jobs bill because we know, in age from various sources, but it does able these efforts are, they cannot do it the end, everyone who is holding their not cover damage that results from alone, and they need and deserve our breath right now about what we are flooding. Sadly, in too many cases un- help. Facing the heartbreaking loss of going to do on unemployment is not knowing Americans learn of this hole a home, the National Flood Insurance saying to us: Gee, I hope you extend in their policy only after it is too late. Program at least provides participants unemployment for years and years. In recognition of this major gap in cov- the peace of mind that their liveli- Gee, I really want to live on $300 a erage, Congress created the National hoods will not be equally destroyed, week. They want us to focus on jobs, Flood Insurance Program in 1968 to and they will have the financial re- affording them the integrity of work, give home and business owners the sources to start over. the ability to bring home a paycheck, chance to financially protect them- Sadly, the actions of one Member of to be a breadwinner so they can care selves, their property, and their fami- this body have not only put in jeopardy for their family, and all of the dignity lies. For over 40 years, this program this program but endanger all the com- that comes with that work. has helped communities recover after munities and residents along the Red So we need to get on about the busi- devastating natural disasters. I have River, those who have not yet pur- ness of focusing on jobs, but the first been in some of these disasters: The chased their flood insurance—and be- thing we need to do is to make sure we flood in Rushford, MN. No one will for- lieve me, there are still some people understand what is happening to people get Grand Forks. No one will forget because they are calling our office. across our country. They are panicked how close we got last year with Fargo, Cherie, a resident of Moorhead, MN, about the obstruction that is going on and the Minnesota city of Moorhead; contacted my office trying to under- here in the Senate. There are 135,000 the floods in Iowa in the last 2 years. stand how this legislative paralysis people in Michigan who will lose their These are real disasters. caused by one Member of this body will unemployment help by the end of All regions of America are suscep- impact her neighbors and her commu- March if we do not take action. That is tible to flooding, whether it is tor- nity. As of Monday, this program has an economic disaster if I have ever rential seasonal floods, rains, thunder- come to a halt. Certain policy renewals heard of one. storms, or even the recent tsunami may move forward, but those seeking a It is time to act. It is time to stop across the Pacific Ocean that struck new policy to protect their homes may blocking the democratic process. It is after the tragic earthquake in Chile. be left out in the cold. time to vote and to get things done and We cannot escape the powerful forces Because of this body’s inability—be- let people know that we are on their of nature. cause of one person’s decision—to ex- side, that we understand what is going Flooding by its nature is unpredict- tend the authorization of this vital on in their lives, and that we are going able. Families and businesses need to program, residents in the Red River to be here and work hard and get know if the worst happens they will Valley do not know if they are going to things done for them. have the tools needed to help them get be able to get flood insurance by the Mr. President, I yield the floor, and I back on their feet. In my State, the time the waters begin to rise in late suggest the absence of a quorum. Flood Insurance Program is vital to March and early April. The intricacy of The PRESIDING OFFICER. The those who live in any area susceptible this program complicates matters clerk will call the roll. to flooding. However, at this time of more. New policyholders must wait 30 The assistant legislative clerk pro- year our attention is focused on fami- days before they take effect. There is ceeded to call the roll. lies living across the Red River Basin no time to spare for Minnesotans seek- Ms. KLOBUCHAR. Mr. President, I in northwestern Minnesota. ing to protect their families from the ask unanimous consent the order for Last spring, above-average rainfall upcoming floods. They may come at the quorum call be rescinded. compounded by an untimely melting of the end of the month. They may come The PRESIDING OFFICER. Without snow resulted in, as we all saw on TV, at the beginning of April. We don’t objection, it is so ordered. devastating floods along the Red River know. Ms. KLOBUCHAR. Mr. President, I which hit the highest level ever re- There are other parts of this country stand before the Senate today to call corded. I was there with the people. It where flooding comes later, and those for the passage of the Temporary Ex- was an extraordinary effort, as you people will be interested in purchasing tension Act of 2010. This legislation watched grandmothers taking the fro- policies. They don’t know if their busi- would extend a number of very impor- zen sandbags and putting them in ness is going to be able to survive an- tant benefits that families across the place. You saw people who were up for other flood season or whether they will Nation rely on to get them through dif- 48 hours to protect their homes. As the lose everything with no second chance ficult economic times. waters receded, President Obama de- to start over. This bill includes an extension of un- clared 15 counties as disaster areas, It is important to note that the Na- employment benefits for millions of and communities throughout the re- tional Flood Insurance Program saves out-of-work families, including hun- gion began the lengthy cleanup process taxpayer dollars. When communities dreds of thousands in the Midwest, an and solemnly faced the devastation. implement flood plain management re- extension of COBRA benefits for those This is not the first time the Red River quirements and residents purchase who lost their health care along with has overflowed its banks, and it cer- flood insurance, the Federal Emer- their jobs, and a number of important tainly will not be the last. gency Management Agency estimates tax credits for businesses and individ- We are working at this moment on a that flood damage is reduced by $1 bil- uals which are vital as we seek to gen- long-term plan so this doesn’t happen lion each year. In fact, FEMA esti- erate economic activity. in the future, but for now we are again mates that the Federal Government I cannot tell you how many times I facing a threat in the Red River. This saves between $3 and $4 for every $1 heard about this when I went around winter’s heavy snowpack has led to a spent on flood mitigation in advance of our State and spoke with small busi- gloomy outlook for flooding this a problem. nesses. However, there is one pro- spring, which does not bode well for The Flood Insurance Program also gram—I know our colleagues have fo- these communities. Volunteers in provides building standards which,

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S920 CONGRESSIONAL RECORD — SENATE March 2, 2010 when followed, leads to 80 percent less LOW-INCOME HOUSING TAX MARCH 2, 2010. damage annually than those structures CREDIT Hon. MARY L. LANDRIEU, not built according to these standards. U.S. Senate, Ms. LANDRIEU. I rise to speak for a Washington, DC. But this is not the only program few minutes while we are in a quorum DEAR SENATOR LANDRIEU: Thank you for being threatened by this stalemate. Be- call and trying to decide how we are your letter of February 25, 2010, regarding cause of Senator BUNNING’s objections going to proceed on this bill, to speak the extension of the Gulf Coast Opportunity yesterday, roughly 2,000 Department of Zone (GO Zone) Low Income Housing Tax about a very important amendment Credit (LIHTC) placed-in-service date. Please Transportation staff were furloughed, that, hopefully, at some time as this largely at the Federal Highway Admin- be assured that the Administration under- debate moves forward, could be consid- stands the critical need for the extension of istration, which is responsible for high- ered. the GO Zone tax credits, and also the nega- way, bridge, and road construction tive impact that failing to extend the credits projects across our Nation. It is an extremely important amend- ment, not just to the people of Lou- would have on New Orleans and other com- I know a little bit about those munities impacted by Hurricanes Katrina isiana but to the people of Mississippi projects because I live six blocks from and Rita as they continue recovery efforts. and Alabama as well, three States that that bridge that fell down in the mid- You should also be assured that the Adminis- were very hard hit by a natural dis- tration supports an extension of 2 years to dle of the Mississippi River in the mid- aster 41⁄2 years ago, when Katrina, one December 31, 2012, of the GO Zone placed-in- dle of a beautiful summer day—an of the largest hurricanes ever recorded, service date and is committed to working eight-lane highway down the middle of slammed into actually the gulf coast, with Congress to see that the extension is the Mississippi River. We know how enacted as soon as possible. hit the State of Mississippi directly important these highway projects are As you mentioned in your letter, the eco- and then parts of Louisiana. to rebuilding safely, and we can just nomic activity spurred by the GO Zone cred- its has played an important stimulative role have one Member of the Senate who de- Then, 3 weeks later, we were hit by another category 4 storm, Hurricane in the rebuilding of the Gulf Coast. These tax cides to stop these types of projects in credits have fostered development in dev- Rita. We are 41⁄2 years into that dis- their tracks? astated areas and have enabled the return of Highway projects are financed by aster and catastrophe, and the gulf people who love their communities and who State departments of transportation, coast is still struggling to recover. are the drivers of local economies through- and Federal funds reimburse the States People are very familiar with the out the Gulf Coast. GO Zone projects have for work on their projects. With fur- scenes they are seeing in Haiti, and created jobs and stimulated the economic re- now, unfortunately, we are getting covery in these areas. In New Orleans, spe- loughed staffs, these reimbursements cifically, the tax credits have played a cen- will come to a halt which will force very familiar with the scenes we are tral role in leveraging the financing needed State departments of transportation seeing in Chile. So it was not that long to complete the rebuilding of the Big Four across the Nation to halt work. The re- ago that we were seeing similar scenes public housing developments: St. Bernard, imbursements amount to $190 million along the gulf coast, not as desperate a C.J. Peete, Lafitte, and B.W. Cooper. The re- per day. situation as Haiti. We are not clear vitalized developments have not only spurred activity surrounding construction and will In addition, Senator BUNNING’s ac- about how the situation in Chile is playing out. restore essential affordable housing, but tions will prevent the departments of have also encouraged the establishment of transportation from making vital But we can all remember the terrible new businesses and improved civic life grant awards. I am a member of the videos and slides of destruction. Having around these developments. Environment and Public Works Com- represented that State now for all this Since the beginning of the Administration, mittee, which deals with roads and time, let me tell you, our work is still President Obama, Vice President Biden, Dr. going on. That is what brings me to the Jill Biden, 13 other members of the Cabinet, bridges, and I found the stopping of and numerous agency heads, assistant secre- these programs particularly troubling. floor today. In the underlying bill, taries, and other senior level administration Ironically, on Wednesday, the com- there are some big issues that have officials have visited New Orleans and the mittee will hold a hearing on the im- gotten a lot of coverage: unemploy- wider Katrina- and Rita-impacted area to see portance of transportation investment ment, COBRA, et cetera. These are all firsthand the scale of the recovery chal- in the national economy. very important. There are also some lenges that remain. Our respective agencies smaller pieces of this bill that are very have made significant investments of staff If we are going to move forward to and funding to support the recovery efforts. the next century’s economy, we need to important, the extension of some tax Many of these programs continue to provide have the next century’s transportation credits that help to restore tax credits meaningful resources to disaster survivors system. I respectfully request the Sen- in the region; a 1-year extension. There and the communities being rebuilt. Through ator from Kentucky allow an up-or- is a 1-year extension for low-income these visits, we have come to recognize the down vote on his amendment; that he housing, a tax credit for the whole dire impact that failing to extend this tax country. credit would have on Gulf Coast commu- stop stalling; that he let us vote so the nities and individual families, many of whom people of the Red River Valley who But what is not in the bill, what is were the hardest hit by Hurricanes Katrina have not yet purchased flood insurance missing, is the piece I wish to talk and Rita and the recent recession. Not ex- can buy that insurance; the people who about and ask my colleagues to con- tending the GO Zone placed-in-service date want their bridges built and their high- sider adding to this bill when we get to would result in a major setback for the re- ways built can go ahead and have those a position where some amendments covery, and would impact public housing things done; the people waiting on might be considered. residents, business, and communities. It would be unconscionable to let the work that their unemployment benefits can have This amendment that I offer is not has created so much progress, and so much that unemployment compensation. I just offered by myself but offered by hope, go unfulfilled. request he stop stalling so the Senate Senator COCHRAN and Senator WICKER We will continue to urge members of Con- can resume work and extend these pro- and Senator VITTER. It was a bipar- gress to extend the GO Zone placed-in-serv- grams for the stop-gap emergency basis tisan amendment and something the ice date and stand firmly behind such an ex- on which so many programs and so tension. We are confident that with your four of us feel very strongly about. In help we will see the extension signed into many Americans depend. addition to the support it has from the law, and with it, continued economic activ- I yield the floor and suggest the ab- four of us, it also, happily, has the sup- ity and community revitalization in the sence of a quorum. port of the administration and the Sec- Katrina affected Gulf Coast. The PRESIDING OFFICER. The retary of HUD. Sincerely, clerk will call the roll. At this time, I would ask unanimous TIMOTHY F. GEITHNER, Secretary of the Treas- The legislative clerk proceeded to consent to have printed in the RECORD ury. call the roll. a very strong letter in support from SHAUN DONOVAN, Ms. LANDRIEU. Mr. President, I ask Secretary Geithner and Secretary Secretary of Housing unanimous consent that the order for Donovan. and Urban Develop- the quorum call be rescinded. There being no objection, the mate- ment. The PRESIDING OFFICER. Without rial was ordered to be printed in the Ms. LANDRIEU. They have written a objection, it is so ordered. RECORD, as follows: very lengthy letter saying why the

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S921 amendment I am offering is so impor- taurants—will have no place to live. parency, there is little hope for effec- tant. In addition, I am happy to say, Everybody says: Oh, LANDRIEU, there tive regulation. And without effective today we got a very strong editorial in you are crying wolf again. I am not regulation, the very credibility of our the New York Times, which does not crying wolf. This is going to happen. So markets is threatened. always write favorably about some that is why this amendment—I have But I am concerned that recent things we have requested. But they been asking for it for a year. The team changes in our markets have outpaced have looked at this and have indicated has been very supportive, but it is not regulatory understanding and, accord- this is something that should be done. in the bill. ingly, pose a threat to the stability and Let me take a minute to explain So I am on the floor to shake the credibility of our equities markets. what we are asking for. Right after bells, rattle a little bit, to say: Please Chief among these is high-frequency Katrina and Rita, the Congress, in its consider this amendment. We are not trading. wisdom, said: Your situation is so bad asking for any new credits. We are not Over the past few years, the daily down there, you have had so many asking for any special credits. We do volume of stocks trading in microsec- houses destroyed, so many low-income not—well, we need some new credits, onds—the hallmark of high-frequency houses destroyed, we are going to give but we are not asking for new credits. trading—has exploded from 30 percent you some extra low-income housing tax We just need to have the credits we to 70 percent of the U.S. market. In the credits. have that have already been put into past few years, this trading has ex- We normally get a formula of about place. We cannot lose them. ploded from 30 percent to 70 percent of $2 per person in the country. Well, they This amendment is going to cost the entire U.S. trading market. gave us like $18 per person in the coun- about $300 million. It has a cost to it. Money and talent are surging into a try, which was wonderful. We needed I am asking the Finance Committee to high-frequency trading industry that is the help. We needed those extra low-in- please see how we can pay for this. It is red hot, expanding daily into other fi- come housing tax credits to build hous- an emergency, but I understand we nancial markets not just in the United States but in global capital markets as ing for the very poor but also to build want to try to pay for things as we go well. housing for the working middle class, on, things such as this. So I am asking High-frequency trading strategies are people whom we rely on to help our ho- the Finance Committee to think about pervasive on today’s Wall Street, which tels get started, our restaurants get how this can be paid for. is fixated on short-term trading prof- started, our schools to run, our teach- But, again, I submit, in conclusion, its. Thus far, our regulators have been ers, our firefighters, our police officers. the letter from the administration sup- unable to shed much light on these So the city and the region—this hap- porting it, the letter from Secretary opaque and dark markets, in part be- pened in New Orleans and lots of other Donovan, the editorial we got in the cause of their limited understanding of parishes. It also happened along the New York Times, the articles I am the various types of high-frequency gulf coast of Mississippi. Catholic going to submit from our newspapers trading strategies. Needless to say, I Charities stepped to the plate, devel- that clearly say this is important. am very worried about that. opers stepped to the plate and said: OK, I thank the Members of this body for Last year, I felt a little lonely rais- we will use these low-income tax cred- at least considering this amendment. I ing these concerns. But this year, I am its to build some housing. thank Senator COCHRAN, Senator WICK- starting to have plenty of company. Think about Haiti right now. Think ER, and Senator VITTER for joining in a On January 13, the Securities and Ex- about the scene you saw on CNN this bipartisan way to ask for it. I most cer- change Commission issued a 74-page morning. I was just looking at the tainly hope we can get this done be- Concept Release to solicit comments scene. There is no plan. The rainy sea- cause if not we are going to shut down on a wide range of market structure son is coming. One million people have these projects that are underway, we issues. The document raised a number no shelter. All they have are those sad will lose 13,000 jobs, as well as lose the of important questions about the cur- old little blue tarps we had along the opportunity for over 7,000 families on rent state of our equities markets, in- gulf coast. But Congress, in its wisdom, the gulf coast to get good, affordable cluding: instead of keeping them in tents in the housing. Does implementation of a specific [high- Mississippi gulf coast said: OK, hire, That is our argument, and I do not frequency trading] strategy benefit or harm private sector. Here are some tax cred- think there is any opposition. I hope market structure performance and the inter- its. Go out and build houses for these not. Because it would be very impor- ests of long-term investors? people as fast as you can. tant for us to get this amendment on The SEC also called attention to So the developers, of course, had to this bill. trading strategies that are potentially scramble. We all had to scramble be- Mr. President, if there is no one here manipulative, including momentum ig- cause it was very chaotic. But we put to speak, I suggest the absence of a nition strategies in which ‘‘the propri- plans together and we decided how—it quorum. etary firm may initiate a series of or- would take us some time, but we fig- The PRESIDING OFFICER. The ders and trades (along with perhaps ured out how to build good housing, clerk will call the roll. spreading false rumors in the market- smart housing, not the same old ter- The legislative clerk proceeded to place) in an attempt to ignite a rapid rible housing we had but new housing. call the roll. price move either up or down.’’ That is wonderful. That is the good Mr. KAUFMAN. Madam President, I The SEC went on to ask: part of the story. The bad part of the ask unanimous consent that the order Does . . . the speed of trading and ability story is, we have run out of time. But for the quorum call be rescinded. to generate a large amount of orders across it is not our fault we ran out of time. The PRESIDING OFFICER (Mrs. multiple trading centers render this type of We worked as hard as we could. But as HAGAN). Without objection, it is so or- a strategy more of a problem today? soon as we were ready to go to the dered. The SEC raised many critical ques- market with these tax credits, what Mr. KAUFMAN. Madam President, I tions in its concept release, and I ap- happens? The market collapses. So ask unanimous consent to speak in preciate that the SEC is going to un- then our developers could not even get morning business for up to 20 minutes. dertake a baseline review. the tax credits. The PRESIDING OFFICER. Without As its comment period moves for- The problem for us, which is a big objection, it is so ordered. ward, I am pleased to report that other problem, is that now if we do not have Mr. KAUFMAN. Thank you, Madam regulators and market participants, all these units, what they call, in serv- President. both at home and abroad, have taken ice, by the end of this year, we are f notice of the global equity markets’ re- going to lose over 7,000 housing units. cent changes, including the rise in high That is a lot. Not 70, not 700 but 7,000 HIGH-FREQUENCY TRADING frequency trading. all through the city of New Orleans, all Mr. KAUFMAN. Madam President, I In the United States, the Federal Re- through the gulf coast. have spoken on the Senate floor many serve Bank of Chicago, in the March People—seniors, policemen, fire- times about the importance of trans- 2010 issue of its Chicago Fed Letter, ar- fighters, teachers, workers in the res- parency in our markets. Without trans- gued that the rise of high-frequency

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S922 CONGRESSIONAL RECORD — SENATE March 2, 2010 trading constitutes a systemic risk, as- Robert Colby, the former Deputy Di- but also increases ‘‘the chances of leav- serting: rector of the FEC’s Division of Trading ing a statistical footprint that can be The high frequency trading environment and Markets, warned last September exploited by the ‘tape reading’ HFT al- has the potential to generate errors and that naked access leaves the market- gorithms.’’ losses at a speed and magnitude far greater place vulnerable to faulty algorithms. While traders have long tried to than that in a floor or screen-based trading In a speech given at a forum on the fu- environment. trade ahead of large institutional or- ture of high-frequency trading, which ders, they now have the technology and In other words, high-frequency trad- was cited by the Chicago Federal Re- ing firms are currently locked in a models to make an exact science out of serve’s recent letter, Mr. Colby stated it. technological arms race that may re- that hundreds of thousands of trades sult in some big disasters. representing billions of dollars could In a study put forth on November 3, Citing a number of instances in occur in the 2 minutes it could take for the Jefferies Company examined the which trading errors occurred, the Chi- a broker-dealer to cancel an erroneous advantages high-frequency traders gain cago Fed stated: order executed through naked access. by colocating their computer servers A major issue for regulators and policy- According to a report released De- next to exchanges and subscribing di- makers is the extent to which high fre- rectly to market data feeds. quency trading, unfiltered sponsor access cember 14 by the research firm Aite and co-location amplify risks, including sys- Group, naked access now accounts for a Jefferies estimates that these advan- temic risk, by increasing the speed at which staggering 38 percent of the market’s tages afford high-frequency traders a trading errors or fraudulent trades can average daily volume compared to only 100- to 200-millisecond advantage over occur. 9 percent—compared to 9 percent—only those relying on standard data pro- Moreover, the letter cautions about 4 years ago. That means in just 4 years, viders. As a result, Jefferies concludes, the potential for future high-frequency what has been determined to be a risky high-frequency traders enjoy ‘‘almost trading errors arguing: enterprise has increased from 9 percent risk-free arbitrage opportunities.’’ Although algorithmic trading errors have of the market’s average daily volume A Themis Trading white paper re- occurred, we likely have not yet seen the full to 38 percent. That is almost 40 percent leased in December elaborated on breadth, magnitude, and speed with which of the market’s volume being executed Jefferies’ conclusion, noting that the they can be generated. by high-frequency traders interacting combination of speed and informa- There is action internationally as directly on exchanges without being tional advantages allow high-frequency well. On February 4, Great Britain’s Fi- subject to any pretrade risk moni- traders to ‘‘know with near certainty nancial Services Secretary, Paul toring. what the market will be milliseconds Myners, announced that the British In January, the SEC acted to address ahead of everybody else.’’ regulators were also conducting an on- this ominous trend by proposing man- going examination of high-frequency datory pretrade risk checks for those The studies and papers I have men- trading practices, stating: participating in sponsored access ar- tioned underscore the need for the Se- People are coming to me, both market rangements. This move would essen- curities and Exchange Commission to users and intermediaries, saying that they tially eliminate naked access, and I ap- implement stricter recording and dis- have concerns about high frequency trading. plaud the SEC for its proposal. closure requirements for high-fre- These developments come on the While I am pleased that the SEC has quency traders under a large trader au- heels of another British effort tar- taken on naked access and has issued a thority, as Chairman Mary Schapiro geting so-called ‘‘spoofing’’ or concept release on market structure promised in a letter to me on December ‘‘layering’’ strategies in which traders issues, there is much more work that 3. We need—and we need now—tagging feign interest in buying or selling still needs to be done in order to gain of high-frequency trading orders and stock in order to manipulate its price. a better understanding of high-fre- next-day disclosure to the regulators, In order to deter such trading prac- quency trading strategies and the risks and we need them now. tices, the Financial Services Author- of front running and manipulation they For investors to have confidence in ity, FSA, announced that it would fine may create. In the last few months, the credibility of our markets—and or suspend participants who engage in several industry studies aimed at defin- that is absolutely key. America is market manipulation. Noting that ing the benefits and drawbacks of high- great because of the credibility of our some market participants may not be frequency trading have emerged. While markets. If we don’t have credible mar- sure that spoofing or layering is wrong, these studies may not be the equiva- kets, we are in deep trouble. It is one of the FSA spokesman said: ‘‘This is to lent of a peer-reviewed academic study, the things that makes America great clarify that it is.’’ they do have the credibility of real- and unique. For investors to have con- In Australia, market participants are world market experts, and they begin fidence in the credibility of our mar- also requesting clearer definitions of to shed light on the opaque and largely kets, regulators must vigorously pur- market manipulation, particularly unregulated, high-frequency trading sue a robust framework that maintains with regard to momentum strategies strategies that dominate today’s mar- strong, fair, and transparent markets. such as spoofing. In a review of algo- ket. I would make five points along these rithmic trading published on February In addition to the Aite Group study, lines. 8, the Australian Securities Exchange reports by the research group, Quan- called on its regulators to ‘‘ensure that titative Services Group, QSG; the in- First, the regulators must get back . . . market manipulation provisions vestment banking firm, Jefferies Com- in the business of providing guidance . . . are adequately drafted to capture pany; the dark pool operator, Invest- to market participants on acceptable contemporary forms of trading and ment Technology Group, ITG; and the trading practices and strategies. While provide a more granular definition of institutional brokerage firm, Themis the formal rulemaking process is a market manipulation.’’ Trading, all raise troubling concerns critical component of any robust regu- It is critical our regulators under- about the costs of high-frequency trad- latory framework, so, too, are timely stand the risks posed by high-fre- ing to investors and reinforce the need guidelines that bring clarity and sta- quency trading both in terms of manip- for enhanced regulatory oversight of bility to the marketplace. ulation and at a systemic level. As the these trading practices. Colocation, flash orders, and naked Chicago Fed stated, the threat of an al- Last November, QSG analyzed the de- access are just a few practices that gorithmic trading error wreaking gree to which orders placed by institu- seem to have entered the market and havoc on our equities markets is only tional investors are vulnerable to high- have become fairly widespread before magnified by so-called ‘‘naked’’ or frequency predatory traders who sniff being subject to regulatory scrutiny. unfiltered sponsored access arrange- out large orders and trade ahead of For our markets to be credible—and it ments, which allow traders to interact them. Specifically, the study concluded is essential that they remain credible— on markets directly—without being that splitting large orders into several it is vital that regulators be subject to standard pretrade filters or smaller ones not only enhances the proactive—rather be reactive, when fu- risk controls. risk of unfavorable changes in price ture developments arise.

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Can- printed in the RECORD, as follows: tantly, this data, once masked, should cellations by high-frequency traders, www.qsg.com be made available to the public for oth- according to T3Live, are responsible for ‘‘Liquidity Charge & Price Reversals: Is ers to analyze. the bulk of these unfilled orders. High Frequency Trading Adding Insult to In- I am concerned that academics and The high-frequency traders that cre- jury?’’ February 11, 2010 other independent market analysts do ate such massive cancellation rates ‘‘Beware of the VWAP Trap,’’ November 11, not have access to the data they need might cause market data costs for in- 2009 to conduct empirical studies on the vestments to rise, make the price dis- http://www.themistrading.com/article_files/ questions raised by the SEC in its con- covery process less efficient, and com- 0000/0519/THEMIS_TRADING _White_Paper_ _ _ _ _ cept release. Absent such data, the on- plicate the regulator’s understanding Latency Arbitrage December 4 2009.pdf http://www.itg.com/newslevents/ papers/ going market structure review predict- of continuously evolving trading strat- AdverseSelectionDarkPoolsl113009F.pdf ably will receive mainly self-serving egies. What is more, some manipula- comments from high-frequency traders tive strategies, including layering, rely I yield the floor and suggest the ab- themselves and from other market par- on the ability to rapidly cancel orders sence of a quorum. ticipants who compete for high-fre- in order to profit from changes in The PRESIDING OFFICER. The quency volume and market share. price. clerk will call the roll. Evidence-based rulemaking should Perhaps excessive cancellation rates The legislative clerk proceeded to not be a one-way ratchet because all should carry a charge. If traders exceed call the roll. the ‘‘evidence’’ is provided by those a specified ratio of cancellations to or- Ms. MIKULSKI. Madam President, I whom the SEC is charged with regu- ders, it is only fair that they pay a fee. ask unanimous consent that the order lating. We need the SEC to require tag- The ratio could be set high enough so for the quorum call be rescinded. ging and disclosure of high-frequency that it would not affect long-term in- The PRESIDING OFFICER. Without trades so that objective and inde- vestors or even day traders and should objection, it is so ordered. pendent analysts—at FINRA, in aca- apply to all trading platforms, includ- f demia, or elsewhere—are given the op- ing dark pools and ATSs, as well as ex- portunity to study and discern what ef- changes. UNEMPLOYMENT RELIEF fects high-frequency trading strategies The high-frequency traders who rely Ms. MIKULSKI. Madam President, I have on long-term investors. They can on massive cancellations are using up come to the floor of the Senate to say also help determine which strategies more bandwidth and putting more to my colleague from Kentucky: Let should be considered manipulative. stress on the data centers. Attempts to the unemployment bill go. Let’s free Third, regulators must better define reign in cancellations or impose the unemployment compensation bill, manipulative activity and provide charges are not without precedent. In the bill that will fund COBRA health clear guidance for traders to follow fact they have already been imple- insurance benefits and put people back just as Britain’s regulators have done mented in derivatives markets where to work building highways, and let’s in the area of scrutiny. By providing overall volume is a small fraction of pay doctors the fees they deserve for rules of the road, regulators can create the volume in cash market for stocks. saving lives and improving lives. Of all a system better able to prevent and The Chicago Mercantile Exchange’s of the bills in the United States of prosecute manipulative activity. volume ratio test and the London America, why are we holding up this Fourth, the SEC must continue to International Financial Futures and one? I think it is outrageous, and I make reducing systemic and oper- Options Exchange’s bandwidth usage think it is egregious. ational risk a top regulatory priority. policy both represent attempts to reign My Lord, look at this. Right now in The SEC’s proposal on naked access is in excessive cancellations and might the United States of America, 400,000 a good first step, but exchanges must provide a helpful model for regulators American citizens are not receiving also be directed to impose universal wishing to do the same. their unemployment benefits. They pretrade risk tests. If that is solely in Finally, the high frequency trading have been laid off. They have been the hands of individual broker-dealers, industry must come to the table and pushed around. They have been pushed a race to the bottom might ensue. We play a constructive role in resolving out. And now the Senate will not act to simply must have a level playing field current issues in the marketplace, in- extend their benefits. when it comes to risk management cluding preventing manipulation and that protects our equities markets managing risk. In order to maintain Then there are the health insurance from fat fingers or faulty algorithms. fair and transparent markets and avoid benefits called COBRA, and 500,000 Regulators must therefore ensure that unintended consequences, market par- Americans are not getting that. Who firms have proprietary operational risk ticipants from across the industry gets COBRA benefits? No, it is not a controls to minimize the incidence and must contribute to the regulatory snake—although there are a lot of magnitude of any such errors while process. I am pleased that a number of snakes around. It means that if you also preventing a tidal wave of copycat responsible firms are stepping forward were laid off from a company, you have strategies from potentially wreaking in a constructive way, both in edu- the opportunity to, with your own havoc on our equity markets. cating the SEC and me and my staff. I money out of your own pocket, be able Fifth, the SEC should act to address look forward to continue to working to buy insurance and get a modest sub- the burgeoning number of order can- with these industry players. sidy to help you through this. My gosh, cellations on the equities markets. We all must work together, in the in- why can’t we do this? While cancellations are not inherently terests of liquidity, efficiency, trans- Then there are the thousands of doc- bad—they can in fact enhance liquidity parency and fairness to ensure our tors who are not being paid. There are by affording automated traders greater markets are the strongest and best-reg- the highway people who are not being flexibility when posting quotes—their ulated in the world. But we cannot paid. use in today’s marketplace, however, is have one with the other—for markets I gave you national statistics, but I clearly accessible and virtually a to be strong, they must be well-regu- am a Senator from Maryland. I want prima facie case that battles between lated. So with this reality in mind, I you to know that tonight there are competing algorithms, which use can- look forward to working with my col- 4,700 unemployed workers in my State celled orders as feints and indications leagues, regulatory agencies, and peo- who are not going to get their unem- of misdirection, and have become all ple from across the financial industry ployment benefits—4,700 unemployed too commonplace, overloading the sys- to ensure our markets are free, credible workers. That is money they could use tem and regulators alike. and the envy of the world. to provide their families with a safety According to the high-frequency Madam President, I ask unanimous net for food, housing, heat, and for the trading firm T3Live, on a recent trad- consent that links to some of the stud- expenses and activities of daily living.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S924 CONGRESSIONAL RECORD — SENATE March 2, 2010 This isn’t just a number. It is not a sta- best arguments, present our best cases, When they talk about how they want tistic. We are talking about 4,700 fami- take a vote, and see how it turns out. this to be pay as you go—I voted for lies who won’t have a source of income I hope when I offer amendments I pay-go. I did. But we are in an emer- to get them through this very difficult win, but if I lose because I get less than gency situation, and I believe this calls time. 51, I feel I have gotten a square deal. us to act now, and I hope we act to- Then there is COBRA. Again, COBRA But if I have to go after 60, I feel I am night. pays 65 percent of the cost of health in- inhibited by the tyranny of 60. I hope we can all work together, and surance for people who have lost their I believe the filibuster is a dated, ar- when more is said, the less gets said jobs. In Maryland, there are 9,282 peo- cane tactic that belongs to another and more gets done. ple—close to 10,000—who have lost century and another Senate. I wish to I yield the floor. their benefits. COBRA makes sure they see the filibuster rule either ended or The PRESIDING OFFICER. The Sen- have health care. We are talking about modified. ator from Delaware. someone, for example, who worked for There are those on our side of the Mr. KAUFMAN. Madam President, I a company all of his life, and then he aisle who say: Don’t do that. What hap- ask unanimous consent to speak in was laid off because it was part of the pens if we lose control, we might need morning business for up to 5 minutes. great layoff that is going on in my it. Maybe if majority ruled, we would The PRESIDING OFFICER. Without State. He went to buy health insur- not lose control. Most of all, maybe the objection, it is so ordered. American people would see us actually ance, and he is buying it through f COBRA. It costs almost four times debating, discussing, amending, and TRIBUTE TO AMBASSADOR ANNE what it cost where he worked. At the voting on ideas. Right now, the other PATTERSON same time, he has health problems. He side hides behind procedure. It hides is a diabetic. He is a father. He wants behind process, it muddies the water, Mr. KAUFMAN. Madam President, I and the people are starting to catch on. to work and, most of all, he wants to rise again to pay tribute to one of our I am calling on our institution to se- have health insurance for himself and Nation’s great Federal employees. riously consider Tom Harkin’s legisla- his family. But, oh, no, we are holding From the day of its creation as the tion. I think Senator HARKIN is on to it up because of something called pay- first executive department in 1789, the something. Senator HARKIN and I are State Department has carried out the go. great respecters of the Senate and its Then what else are we doing? We are important work of American diplo- traditions. We understand the fili- not paying our doctors. Regardless of macy, pursuing peaceful relations be- buster and when it was used for great how one feels about health insurance tween the United States and other na- and grand debates on, for example, the tions around the world. When our role reform, you can’t have health reform expansion of civil rights in our coun- without doctors. as a world power grew in the late 19th try. century, our diplomats became peace- The opposition to health care reform, Under the Harkin proposal, you makers among nations. Since the end like Mr. BOEHNER, says we have the would get four shots at it. I think my of World War II, we heavily invested best health care system in the world. If colleague from Kentucky would like it. our time, treasure, and human capital we have the best health care system, He is a baseball icon. You get three in the preservation of global peace dur- why aren’t we paying our doctors what strikes and you are out. Maybe we ing a time wrought with potential for they deserve? These are highly skilled would get four bites at the apple. The war and mass destruction. people who work sometimes day and first time you vote if you don’t get 60, Today, in the aftermath of the Cold night to be able to save lives or im- it would fail. The second time you War and the September 11 attacks, our prove lives. They assume the risks of would need 59 votes or it would fail. medical management of highly com- The third time you would need 57 votes State Department personnel, and our plex cases. Why are we cutting their or it would fail. The fourth time, 53 Foreign Service officers in particular, pay by 21 percent? I don’t see those votes and then we would come back to work tirelessly to promote the Amer- guys over there cutting their pay 21 51. ican values of liberty and international percent until we figure out how to pay We are not for throwing away the fil- cooperation. for our salaries. Why are we cutting ibuster, but we are for modifying it. Stationed in every region, they daily doctors 21 percent? Hopefully, it will bring us to a Senate endure risks to their health and safety. I am so frustrated about this. Wheth- that wants more function as the great- They leave behind family and a famil- er it is job reform, health care reform, est deliberative body in the world. Now iar culture. These talented and dedi- mortgage reform, in this body, when we are the greatest delayed body in the cated men and women are the living all is said and done, more gets said world. We don’t deliberate; we delay. embodiment of President Kennedy’s than gets done. We don’t do constructive things; we do declaration that, while we must never The American people are as mad as obstructive things. This is not the Sen- negotiate out of fear, we must never they can be, and they don’t want to ate the American people want. They fear to negotiate. take it anymore. I feel the same way. I want us to debate ideas. They want us Those in the Foreign Service must am sick and tired of all these obstruc- to do due diligence on those ideas, to pass a rigorous examination and be tion tactics that prevent people from make sure they are sensible, that they prepared to serve in any of our 250 getting the benefits they need to take are affordable, that we are doing some- posts around the world. They have jobs care of their families or fund the pro- thing that accomplishes the great mis- as consular officers assisting Ameri- grams that create jobs. sions of our country. I want, again, ma- cans abroad, political or economic offi- If we are going to have job reform jority to rule. cers analyzing trends in foreign coun- and health reform, I think we need I call upon the Senator from Ken- tries and promoting U.S. interests, Senate reform. I am old-fashioned. I tucky and the other party: Let this bill management officers running our em- believe the majority rules. I think 51 go. Bring it out. Please, let us have a bassies or public diplomacy officers ought to be a magic number. I am so vote on it so tonight, when the families who share the story of America with tired of the tyranny of the 60. Oh, we in Maryland go to bed, they can be sure foreign audiences. need 60 votes—60 votes, a super- that tomorrow when they awaken, The most senior and successful dip- majority every time, except for the their safety net of unemployment com- lomats may become ambassadors, the Pledge of Allegiance. I come back to pensation is there; that they can buy public face of our Nation and the Presi- wanting the majority rule. This is why their health insurance through dent’s personal representatives abroad. I stand four square for filibuster re- COBRA, that gifted and talented doc- One distinguished Ambassador whose form. tors will know they will be paid and re- career exemplifies the work of our For- I am heart and soul a reformer, some- imbursed and acknowledged for the eign Service is Anne Patterson. times a little too mouthy. Some people great services they are performing. A native of Arkansas, Anne studied say I am a little too feisty. But I want That is what the United States should at Wellesley College and the University to get the job done. I am ready to duke be doing. There is plenty of money for of North Carolina. She first joined the it out in the arena of ideas, present our other things. Foreign Service in 1973 as an economic

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S925 officer. Her initial postings overseas The assistant legislative clerk pro- body together and formulate what a included Saudi Arabia and the United ceeded to call the roll. COLA is. If you lump everybody to- Nations offices in Geneva, Switzerland. Mr. SANDERS. Madam President, I gether, I think you can probably make From 1991 to 1993, Anne served as the ask unanimous consent that the order the argument that there is no inflation State Department’s Director for Ande- for the quorum call be rescinded. and in fact in some instances there is an Countries and later was appointed The PRESIDING OFFICER. Without deflation. Deputy Assistant Secretary for Inter- objection, it is so ordered. We see that every day. Young people American Affairs. f who go out and buy a laptop computer In 1997, Anne was nominated and con- will probably pay less for that laptop SENIORS COLA INCREASE firmed as Ambassador to El Salvador, today than they did a year ago. Prices where she served for 3 years. She be- Mr. SANDERS. Madam President, to- may be going down. For wide-screen came our Ambassador to Colombia in morrow I intend to call up an amend- TVs, prices may be going down. For 2000. While escorting the late Senator ment within the discussion of the jobs many items people buy, prices may be Paul Wellstone on a visit that year to bill which I think will have significant going down. But seniors have a dif- a rural town, an explosive device was impact on the lives of many millions of ferent set of needs than ordinary Amer- found nearby by local security forces. our fellow Americans. As you know, icans and 16-year-old kids have. Sen- That incident underscores the reality this year for the first time in many iors are much more dependent on pre- of the many dangers our Foreign Serv- decades, our senior citizens are not scription drugs. The cost of prescrip- ice officers face while serving overseas. going to be seeing a cost-of-living in- tion drugs is going up. Seniors are Anne returned to Washington in 2003, crease. In this very severe recession, much more dependent on health care. where she served as deputy inspector that is unfortunate. Seniors in The cost of health care is going up. general for the State Department. The Vermont and around the country have Seniors are dependent—at least in the following year, she was appointed Dep- told me that because of rising health Northeast where I live, in Vermont—on uty Permanent Representative to the care costs, because of rising energy and keeping their homes warm, and the United Nations in New York. After heating costs, because of rising pre- cost of fuel has gone up. So I think if U.N. ambassador John Danforth re- scription drug costs—all issues which you take a hard look at the needs of signed in January 2005, Anne became seniors and disabled veterans are par- seniors, the needs of people with dis- acting ambassador, representing the ticularly prone to—it is unfair they not abilities, the needs of disabled vet- United States at the United Nations. get a COLA this year. erans, you will find they have seen in- She continued to serve in that role for I am very happy to inform my col- creased costs over the year. And if we 6 months. leagues that President Obama, in his say to those folks: There is no COLA From 2005 to 2007, Anne led the State budget, has made it very clear he un- for Social Security, and we are not Department’s Bureau of International derstands the need for a $250 emer- doing anything for you, they are going Narcotics and Law Enforcement Af- gency payment to go out to over 55 to find themselves in substantially fairs. In May 2007, after Ambassador million seniors, veterans, and the dis- worse shape than they were last year. Ryan Crocker left Islamabad to take abled. I very much appreciate his sup- I did want to say that this amend- up his post in Iraq, President Bush port for this concept. And he is abso- ment, as of now, is supported by Sen- nominated Anne to serve as our Am- lutely right, that in these very difficult ators DODD, GILLIBRAND, LEAHY, and bassador in Pakistan. She continues times we cannot forget about some of WHITEHOUSE, and we look forward to her work in Islamabad to this day, rep- the most vulnerable people in our soci- more support. This concept is in the resenting our Nation at a time of great ety. There are a lot of lower income President’s budget, and the President importance with the United States- seniors out there who are struggling, has been very clear about the need to Pakistani relationship. as well as disabled veterans and dis- go forward with a $250 payment. This During the times I have had the abled people in general. amendment we will be offering tomor- honor of visiting her and our Embassy This amendment, which essentially row is supported by the AARP, the officials in Pakistan, I have been im- does this year what we did last year in American Legion, the Veterans of For- pressed by her dedication to furthering the stimulus package, would provide a eign Wars, the National Committee to Americans’ priorities in that country, one-time $250 payment. This amend- Protect Social Security and Medicare, to protecting our national security in- ment has very widespread support all the Disabled Veterans of America, terests, and to managing our talented over this country, and let me mention Older Women’s League, and many team on the ground. to you some of the organizations that other organizations. The life of a Foreign Service officer are supporting it. The largest senior We will be offering an amendment is not easy. Anne and her husband and group in America is the AARP, and which simply says we are not going to her two sons and stepdaughter can at- they are very vigorously supporting leave America’s seniors out in the cold. test that Foreign Service families face this concept, the American Legion and We are not going to leave America’s many challenges during a career of liv- the Veterans of Foreign Wars are sup- disabled veterans out in the cold. And ing overseas and moving frequently. In porting this $250 payment, the National while there is no COLA this year, we addition, Foreign Service families Committee to Preserve Social Security are at least going to do what we did must make significant sacrifices to and Medicare is supporting it, the Dis- last year and provide them with a $250 serve in dangerous locales, such as abled Veterans of America—the DVA— emergency payment. Not a whole lot of Pakistan, Afghanistan, and Iraq, where is supporting it, the Older Women’s money in the great scheme of things, there are restrictions on bringing League is supporting it, and many but, trust me, having just met with spouses and children to post. These of- other organizations representing sen- seniors on Monday, a lot of seniors in ficers serve in the face of great hard- iors, disabled people, and our veterans this country today are finding it very ship, not for financial reward but for are supporting it. difficult to feed themselves and to take the satisfaction of serving the United This recession has forced more and care of their basic needs. While this is States of America, protecting its inter- more seniors out of the middle class not going to solve all of their problems ests, and promoting peace among na- and into poverty. In fact, according to by any means, it is going to help. So I tions. a National Academy of Sciences for- would hope that tomorrow my col- I hope my colleagues will join me in mula, the poverty rate among Ameri- leagues will be supporting this amend- recognizing the enormous contribution cans 65 and older is close to 19 per- ment when we bring it forth. made by Ambassador Anne Patterson cent—almost double the official pov- Madam President, with that, I yield and all those who serve in the Foreign erty rate of 9.7 percent. One of the the floor. Service and the State Department. problems I have had in dealing with So- Mr. BAUCUS. Mr. President, I sug- I yield the floor and suggest the ab- cial Security COLAs for many years, gest the absence of a quorum. sence of a quorum. including when I was in the House, is I The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. The have long believed it is an error, a sta- UDALL of Colorado). The clerk will call clerk will call the roll. tistical problem, when we lump every- the roll.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S926 CONGRESSIONAL RECORD — SENATE March 2, 2010 The bill clerk proceeded to call the have been a big spender. One is na- I wish to caution that it is very dan- roll. tional defense. The other is infrastruc- gerous to turn a bipartisan issue such Mr. INHOFE. Mr. President, I ask ture. That is what we are supposed to as this into a partisan one. Because the unanimous consent the order for the be doing here. highway bill was included with a num- quorum call be rescinded. On the last day of the fiscal year be- ber of other issues, it got caught up in The PRESIDING OFFICER. Without fore the 2005 highway bill expired, Sen- the House Democratic and second stim- objection, it is so ordered. ator BOXER and I, right here on the ulus bill politics unrelated to the high- f floor, attempted to pass a long-term way program. This just reinforces that extension of the highway program. Un- it should have been done as a stand- HIGHWAY TRUST FUND fortunately, we were not successful. alone measure. EXTENSION The same group of Senators who op- Let me conclude by reading an ex- Mr. INHOFE. Mr. President, I cannot posed the highway program demanded cerpt of a Tulsa World editorial—that express how frustrated I am with Wash- that the bill be offset. They suggested is Tulsa, my hometown. It states: unobligated stimulus funds, but the ington politics, as a result of, I believe, What’s up with those geniuses in Congress? irresponsible behavior on the part of Democrats objected to this. The chair- First they scurry around to get massive Democrats and Republicans, in the man, that is BARBARA BOXER, and I stimulus funding in the pipeline in an effort House and in the Senate. The Federal were working hard to find offset. Sen- to quickly jump-start the economy, and then Highway Administration shut its doors ator BOXER got Democratic leadership they fiddle around and let regular transpor- on Monday, furloughing 2,000 employ- to agree to use TARP as an offset. tation funding that would further aid the re- ees, putting projects across the coun- I was very excited about this. I re- covery lapse. Not a good recipe for ensuring try at risk and stopping the highway member I thought that night—it was a that the recovery will continue. program from paying States the money Wednesday night, it was getting close The editorial concludes: they are owed. to midnight. We had to do something Inhofe blamed the funding snafu on poli- I have been in constant communica- or everything was going to fall apart. I tics, which comes as no surprise. Apparently tion with Gary Ridley, Oklahoma’s thought we had it resolved. Unfortu- it was just too much to ask of our leaders to transportation secretary—I think the nately, many Republicans and some put politics aside for once in favor of res- cuing the economy and thousands of jobs. best one in the country. He flew here Democratic Senators object to this off- this week to help resolve this crisis. He set. As a result, we were stuck with a Let me tell you that editorial was told me if it is not worked out by Fri- 30-day extension on the continuing res- from October of last year. It is amazing day, there will be very serious con- olution which funded the program at $1 that Congress has allowed the months sequences in my State of Oklahoma. billion a month more than 2009 levels. to go by since that time. I have to say—and I now blame Re- There will be jobs that will be shut Right now, what we are facing in my publicans for this—I have often said down, work that has already been con- State of Oklahoma is about $415 mil- one of the bad things that happened to tracted out that will be under default. lion a week that is going to cost us. We this Senate happened on October 1 of I understand some of the Democrats have contracts that are already let, 2008, when they passed the $700 billion are trying to make political hay out of and we are in a dilemma now to know bank bailout bill. That is the TARP what to do. We are going to have to re- this, but I want to set the record funds we are talking about. A lot of straight that a lone Republican Sen- solve this problem by, I would say, conservative Republicans objected to Thursday or Friday or it is going to be ator is being singled out for the blame, offsetting the TARP because that but in reality there is plenty of blame chaotic. I suggest it is not just my would be an admission that that money State of Oklahoma that has this prob- to go around. probably was not going to be repaid Last week the Senate passed a jobs lem; many other States do. I hope peo- anyway. I think a lot of Republicans ple set everything aside and try to get bill that included a number of tax cuts were trying to tell people back home— and long-term extension for the high- this thing done and do one of the I didn’t vote for this, by the way, but things we are elected to do and do way program. The House Democrats they did. Those who did—don’t worry, were divided on the bill and their lead- something about the infrastructure. everything is going to get paid back. It Right now, it is in crisis. We are going ership could not pass the bill. Given is all going to get paid back. I think we the chaos in their caucus, they passed to have to resolve it. all should have known better. All you I yield the floor, and I suggest the ab- a 30-day extension of the highway bill had to do was read that bill and that late last week. Because of this 30-day sence of a quorum. would have been the case. The PRESIDING OFFICER. The extension, it would add about $10 bil- So then it was the Republicans who clerk will call the roll. lion to the outrageous $13.2 trillion na- refused to use that. The money was The bill clerk proceeded to call the tional debt. there. It could have been used and we roll. A Republican Senator said he would wouldn’t be facing this dilemma. We only agree to it if it was offset. Senate could have the 1-year loan extension. Mr. BAUCUS. Mr. President, I ask Democrats refused to offset the pack- We would have time to put together a unanimous consent that the order for age. Nobody was willing to back down. highway program, which is what we— the quorum call be rescinded. We find ourselves in this situation we—want to do. The PRESIDING OFFICER. Without today. Unfortunately, some do not. So it is objection, it is so ordered. Not only is there ample blame to go clear the only way to get a long-term f around on why Congress allowed the highway extension done is for Senator TEMPORARY EXTENSION ACT OF highway program and the FHWA to REID to dedicate a week of floor time 2010 shut down, I think there is equal blame to overcome the objections of two or to go around on why it has taken us 6 three Republicans who opposed the Mr. BAUCUS. Mr. President, I ask months to pass a long-term extension. highway program. To that end, all the unanimous consent that the Senate We tried on numerous occasions to chairmen and ranking members of the now proceed to Calendar No. 278, H.R. pass the extension. Frankly, this committees involved sent a bipartisan 4691, a 30-day extension of provisions should not come as a surprise to any- letter to Senator REID pointing out the that expired Sunday, February 28; that one. I have been sounding the alarm for problem we were facing and asking for the Bunning amendment regarding off- this ever since last July. We learned in floor time to overcome the objections. set, which is at the desk, be the only July that there are a couple of Sen- Senator REID ignored this request until amendment in order; that there be 60 ators who are, frankly, opposed to the 2 weeks ago when he abandoned the bi- minutes for debate with respect to the Federal Highway Program and want to partisan Baucus-Grassley jobs bill in amendment, with the time equally di- see it underfunded, as has been the case favor of his own bill that included a vided and controlled between Senators this fiscal year. long-term highway extension. I wish to REID and BUNNING or their designees; I often said—there is no secret to point out that this maneuver cost the that upon the use or yielding back of this, even though I am considered to be highway extension the bulk of Repub- time, the time until 8:30 p.m. be for de- quite a conservative—in some areas I lican support. bate with respect to the bill, with the

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S927 time equally divided and controlled be- brought it to the floor last week, in- not a partisan issue. I only make these tween Senators BAUCUS and GRASSLEY stead of the travel bill that is a great points to show that neither side has or their designees; that at 8:30 p.m., the giveaway to his State. If he had done clean hands, and what matters is we Senate proceed to vote in relation to that, this bill would have been signed get our spending problems under con- the Bunning amendment; that no fur- into law already. He also could have trol. ther amendments be in order; that filed cloture on the bill and worked As every struggling family knows, we upon disposition of the Bunning through the weekend and it would al- cannot solve a debt problem by spend- amendment, the bill, as amended, if ready be law. The leader could have ing more. We must get our debt prob- amended, be read the third time; that proceeded to the bipartisan Baucus- lems under control, and there is no bet- prior to passage, it be in order to raise Grassley bill that paid for these pro- ter time than now. That is why I have an applicable budget point of order grams and it would have been signed been down here demanding that this against the bill; further, that if the into law by now. He could have accept- bill be paid for. I support the programs point of order is raised, then a motion ed my request to pay for the bill and in the bill we are discussing, and if the to waive the applicable point of order we would not be here tonight. Instead, extension of those programs were paid be considered made, with no further de- the leader decided to press ahead with for, I would gladly support the bill. bate in order; provided that if the point a bill that adds to the debt and violates The unemployment rate in my State of order is waived, the Senate proceed the principles of pay-go that everyone is well over 10 percent right now. Many to vote on passage of the bill, as claims to care about. rural families get their television amended, if amended; further, that Just over a month ago, the majority through satellite providers in Ken- when the Senate resumes consideration in the Senate passed pay-go legislation tucky. More than half our State is bor- of H.R. 4213, the next two Democratic that supposedly says we are going to dered by rivers, and flood insurance is amendments be offered by Senators pay for what we spend. I support that vital to the people who live near those MURRAY and SANDERS and the next two idea, but I knew at the time that the borders and any of the major-minor Republican amendments be Bunning legislation would be ignored. Unfortu- rivers in the State. In fact, I wrote the amendments. nately, I was right. law that enacted the current version of The PRESIDING OFFICER. Is there Barely 1 week after President Obama the Flood Insurance Program. I care objection? signed the pay-go law into effect, the about it deeply. Without objection, it is so ordered. majority leader proposed a bill that I am concerned about all the other The Republican leader is recognized. was not paid for. That bill passed and programs in this bill as well, as is Mr. MCCONNELL. Mr. President, added $10 billion to the deficit. That is every other Member of this body. That briefly, I am pleased Senator BUNNING $10 billion your children and my chil- is all the more reason to pay for this will have an opportunity to offer the dren and grandchildren will have to bill. If we cannot pay for a bill that all amendments that he thinks are impor- pay for. That is $10 billion on top of a 100 Senators support, how can we tell tant and that he has been stressing for $14 trillion national debt. After passing the American people with a straight the last few days. I am glad we were $10 billion more debt on to future gen- face that we will ever pay for any- able to work this out and move on with erations, the majority leader proposed thing? That is what Senators say they the business of the Senate. to pass another bill to add another $10 want, and that is what the American I yield the floor. billion to the debt. That is when I said people want. They want us to get our The PRESIDING OFFICER. The enough is enough; we cannot keep add- budgets in order, just like they have to clerk will read the title of the bill. ing to the debt and passing the buck to get their budgets in order every day. The bill clerk read as follows: generations of future workers and tax- But that is not what the majority is A bill (H.R. 4691) to provide a temporary payers—my children and your children doing. extension of certain programs, and for other and our grandchildren. Tonight, tomorrow, and on every purposes. As we all know, the national debt has spending bill in the future, we will see The PRESIDING OFFICER. The Sen- grown at a record pace in recent years. whether they mean business about con- ator from Kentucky. A large part of that has been a result of trolling our debt or if it is just words. a downturn in the economy a decade We will see if pay-go has any teeth. AMENDMENT NO. 3355 ago and then during the last few years. Tonight, I am offering a substitute Mr. BUNNING. Mr. President, I call But increased government spending has amendment that pays for these impor- up my amendment, which is at the been a major factor too. Over the last tant programs with Democratic ideas. desk. few days, several Senators on the other Tomorrow, I will offer amendments to The PRESIDING OFFICER. The side of the aisle have blamed Repub- the offset, the longer term extender clerk will report. lican spending for the debt and asked bill that was on the floor earlier today. The bill clerk read as follows: why we did not pay for things when we I will be back on future spending bills The Senator from Kentucky [Mr. BUNNING] were in charge. They have a point. I demanding that they be paid for so fu- proposes an amendment numbered 3355. wish we would have spent less and paid ture generations of Americans will not Mr. BUNNING. Mr. President, I ask for more of it when we were in charge. be burdened with our overspending. unanimous consent that reading of the There are some votes I wish I could As I said, my amendment pays for amendment be dispensed with. have back, and I am sure many of my this bill with Democratic ideas. The 10- The PRESIDING OFFICER. Without colleagues on this side of the aisle feel year cost of extending these programs objection, it is so ordered. the same way. But it is not fair to for 1 month is $10.26 billion. The offset (The amendment is printed in today’s blame Republican spending for all the I am offering will more than pay for RECORD under ‘‘Text of Amendments.’’) drastic increases in our national debt. this cost, and the offset should be fa- Mr. BUNNING. Mr. President, in a Our side has not controlled the Con- miliar to many. It has been proposed minute I will speak about my amend- gress for more than 3 years, and the by Senator BAUCUS in his substitute ment to pay for this bill. First, I want current Congress is spending more and amendment to the long-term extension to talk about how we got here. faster than ever before. bill. It was also proposed in the Obama Last week, I objected to the majority For example, last year, the majority administration’s budget. leader’s request for unanimous consent pushed through a so-called stimulus The offset would prevent black liq- to pass a 30-day extension of several ex- bill, followed quickly by an omnibus uor, which is a byproduct of the pulp piring programs that was not paid for. spending bill that contributed to the and paper process, from being eligible I offered to pass the exact same bill government ending the year $1.4 tril- for the cellulosic biofuels producer tax that was paid for, and unfortunately he lion in the red, the largest 1-year def- credit. This will save the Treasury al- objected to my request. icit in the history of the United States most $24 billion over 10 years, accord- There was nothing stopping him from of America. ing to the Joint Tax Committee. As I using the tools at his disposal to over- Clearly, we are not headed in the said, this will more than pay for the come my objection. The leader could right direction. I do not want to turn cost of the bill, and there will be al- have filed cloture on the bill and this into a partisan debate because it is most $14 billion left over.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S928 CONGRESSIONAL RECORD — SENATE March 2, 2010 Under the pay-go rules, that $14 bil- I am glad he is offering it, and I will He would not take it last week. As a lion will be available to be used to pay tell you why I am going to oppose it. result, a lot of people have suffered and for the next bill Congress passes. I He knows and I know that if we do not a lot of them have gone through hard- think we all expect that the next bill pass this bill as it passed the House of ship. will be the long-term extension bill. Representatives, if we make a change It is his right to do it as a Senator, Some might say I am creating a $24 in it, we are destined to send it over to but I think the reaction on the floor of billion hole in the next bill by using the House to, at a minimum, wait sev- the Senate—I might add from both that offset now. That is not true. First, eral days or even longer for a con- sides of the aisle—is a demonstration we are removing over $10 billion in ference committee to resolve his that sometimes just because we have costs from that larger bill by enacting amendment. What happens to those un- the power to do things, we ought to the 1-month extensions now, and we employed people during that period of think twice before we use that power. I are also making $14 billion available time? They don’t receive checks. have the power to put a hold on every for that bill. Mr. President, 15,000 people in Illinois nomination this President or any Members on this side of the aisle, in- had their unemployment insurance cut President seeks. I have the power to cluding myself, have offered and will off Sunday night because of Senator object to any unanimous consent re- offer ways to completely pay for the BUNNING’s objection. In addition to quest that comes to the floor of the cost of that more expensive, longer that, thousands in my State lost the Senate. But people elect us not just to term extension bill. helping hand to pay for their health in- make political judgment but to make This pay-for is a proposal made by surance. The Senator from Kentucky good judgment. In this case, the polit- the majority, and I hope and expect tonight is suggesting just take this lit- ical judgment was made that the un- every one of them to support my tle amendment; it will not hurt a employed people involved were expend- amendment. Anyone who does not thing; it is something you should like. able, they could wait, wait for days, if should be prepared to answer why the While we mull over his change and not weeks, until we get around to a po- Senate does not have to make the move it between the House and the litical debate about the deficit. tough decisions to balance the govern- Senate, those people will continue to I am troubled, too, by the argument ment’s budget while every American go without unemployment insurance that the Senator believes he is one of family does. We must bring an end to and without health care assistance. Mr. the few stalwarts on the floor of the the out-of-control spending, and there President, 2,000 more each day are Senate when it comes to deficit reduc- is no better time than now. added to those rolls of unemployed peo- tion. The record suggests he has voted I urge my colleagues to join me in ple who are going to pay the price for for two wars under President Bush that saying enough and restoring some dis- this procedural move by the Senator. were not paid for, costing the United cipline to Washington. I urge everyone I know there is also pain in his own States almost $1 trillion, adding di- in this body to support this amend- State. I know many people are aware of rectly to our debt. ment. the fact that there is high employment The Senator also has supported I reserve the remainder of my time. across the United States, millions of eliminating the estate tax on the rich- The PRESIDING OFFICER. The as- people who have lost their unemploy- sistant majority leader. est people in America. Certainly, that ment insurance. I know it has affected is going to blow a hole in any budget Mr. DURBIN. Mr. President, I rise in his State. I have seen the numbers. and add to the deficit. The same was opposition to the Bunning amendment. As a result of the objection of the true with the Medicare prescription The Senator from Kentucky has de- Senator from Kentucky, 4,300 unem- cided, after 1 week, to accept exactly ployment insurance claimants will lose drug program. The Senator voted for what was offered to him last week. their unemployment insurance by that without paying for it, adding at Last week, we said to the Senator March 13 if we do not complete action. least $40 billion to the deficit. You know, those of us who have been from Kentucky: If you want to come up What he has done tonight is to delay it. here for a while have cast many votes— with a pay-for for unemployment bene- What is even worse about this amend- and my critics will find plenty of fits and health care benefits, offer an ment and the reason why it should be things to criticize about my voting amendment. You will have your chance defeated is not just because it will once on the floor. again delay unemployment benefits to record—but before I would come to the The Senator from Kentucky said: No, people across America, it will once floor and stop unemployment insur- because I may lose. Therefore, I am not again create problems where people ance for people who are wondering going to offer the amendment. I will will lose their health insurance that where their next meal is coming from, only object to moving forward with they may never be able to obtain again I would think twice about saving that temporary benefits for unemployment because of preexisting conditions in debate so that the victims aren’t the insurance and health care and several their family. most helpless people in America who other things, and I stand by my objec- What is worse, these Federal workers have lost their job through no fault of tion. who cannot go to work are going to their own. The Senator from Kentucky just suspend construction projects that cre- I urge my colleagues, when this came to the floor and found four dif- ate jobs across America, while this amendment comes for a vote later this ferent ways to blame the Democratic Senator from Kentucky offers this evening, to think twice. If you vote majority leader for his objection. He amendment to change. with the Senator from Kentucky, who made the objection. I think he was the Let’s look at the heart of this amend- takes his revenue source from another only Senator out of 100 who objected. ment. Where did the Senator from Ken- bill that we will vote on tomorrow, you I don’t question his motive or his sin- tucky come up with the resources to will delay the unemployment checks cerity, but I think, in all candor, let’s pay for this unemployment insurance? again. We will have come up with an- understand where we are at this mo- He came up with it from the bill that other excuse to say no. ment in time. is pending on the floor, where these The Senator from Kentucky has During this 1-week period of time revenues are already being raised to made it clear he doesn’t believe unem- while the Senator from Kentucky could pay for unemployment insurance. He is ployment compensation is an emer- have offered an amendment, he did not. not reducing our deficit. In this situa- gency need in America. I disagree. I As a result, on Sunday night, unem- tion, we have already taken this source think we are in an emergency situation ployment benefits were cut off for of money and put it in the next bill re- in our economy. I have met with these thousands of people across America, as- lated to unemployment insurance to unemployed people in my State and sistance for health care insurance cut defray the cost of unemployment insur- other States. These are desperate peo- off all across America, thousands of ance. He does not reduce the deficit. He ple. Some have been out of work for 2 Federal employees were furloughed, just adds a procedural hurdle that years. They may lose everything before Federal contracts for construction delays the payment of unemployment it is all over. I hope they don’t. They were suspended. Why? Because he did insurance to people across America. are training for new jobs, they have ex- not want to offer the amendment he is This could have been done last week. hausted their savings and are trying to offering tonight. He was offered this chance last week. keep their families together. A family

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S929 I read about today said they put every- work. This notion that we are somehow I urge you to reverse your position on this thing they own in one of those storage going to balance our national budget bill and would welcome any opportunity to lockers because they lost their home. on the backs of unemployed people— provide you with further information on its They moved from homeless shelters to please. Aren’t we better than that as a tremendous necessity. live in the back of their car. Is that an nation? I think we are. It is signed: Sincerely, Steven L. economic emergency? Maybe not to Twice last year the Senator from Beshear, Governor of Kentucky. Members of the Senate, because our Kentucky voted to extend unemploy- That letter could have come from lives are pretty comfortable, but it is ment benefits without paying for them. any Governor in our Nation. That is certainly an emergency for those fami- Tonight, he insists we pay for them. the employment picture and the eco- lies. Everybody is entitled to change their nomic picture in my State and so many The real question in this debate is mind. When Abraham Lincoln—who States across the Nation. who are we are as a Nation? Do we care was born in Kentucky, raised in Illi- Please, when we get down to these about these people, these breadwinners nois—was accused by his critics, his budget debates, we should be sensitive who are now down on their luck; these President, of changing his mind, he to the fact that there are helpless vic- folks who have worked for years and said: Yes, I did change my mind. But I tims to some of the procedural moves are now out of work through no fault of would rather be right some of the time made on the floor of the Senate. It is their own, and doing everything they than wrong all of the time. So we do time for us to stick together—both par- can legally to find a way to survive or change our minds on these issues. But ties, I hope—in an effort to stand up for is it just another political debate, an- let’s not change our minds at the ex- the unemployed and get this economy other political issue, another chance to pense of innocent, helpless Americans back on its feet. score a political point at the expense of who are looking for a helping hand. I urge my colleagues to defeat the some people who really aren’t in a very If a tornado swept across the State of Bunning amendment. It will only slow Kentucky in the weeks ahead, God for- strong position to defend themselves? down the unemployment benefits these I just hope tonight we will defeat the bid, and the Senator from Kentucky people have been waiting for and are Bunning amendment. Tomorrow, we came and said we have an emergency worried that they may not receive. It will have a chance to put a substantial on our hands, I would stand up to help will mean that more and more people downpayment on unemployment bene- him, as I believe he would if it hap- will fall out of coverage and health in- fits and COBRA benefits in the bill pened to my State. We do that because surance, and it will mean that Medi- we care for one another in this Nation. that Chairman BAUCUS brings to the care services won’t be available to sen- floor. And I hope we understand that is We may have political differences—and iors across the Nation when doctors de- there have been plenty of them—but the right way to do this. What an cide they are not being reimbursed they shouldn’t be at the expense of our empty victory if we end up voting for enough. Those are some of the basics in basic need to deal with the problems the Bunning amendment and stop un- this bill. that we face. The revenue source Senator BUNNING employment benefits as a result while The Governor of Kentucky sent Sen- we try to work out differences between uses is included in this jobs bill that is ator BUNNING a letter and a copy to me. before us, as soon as this matter is the House and the Senate. In the letter, he says: There is a lot more we can do here to over. If you believe that in helping to Facing an unemployment rate of 10.7 per- pay for unemployment benefits we help get this economy moving again. cent in Kentucky and 9.7 percent across the One of the things that holds us back is Nation, I urge you to allow passage of H.R. should use this source, as the Finance when we get embroiled in these proce- 4691, a vital extension of unemployment ben- Committee has suggested, and I cer- dural parliamentary tangles that eat efits to 1.2 million Americans, including tens tainly agree with it, you will have up day after day and week after week, of thousands right here in Kentucky. ample opportunity to do that imme- which leave us frustrated on the floor The Governor of Kentucky, who diately after we pass this bill. In the of the Senate and people across Amer- wrote to Senator BUNNING, went on to meantime, let us waste no time, waste ica angry that we aren’t dealing with say: no effort in making sure that these the real issues that count—issues such There are 119,230 Kentuckians currently re- needy people across America get the as creating jobs, issues such as making ceiving benefits through the Federal exten- helping hand they deserve. sure that there is affordable health sion program. Without a further extension, Mr. President, I yield the floor. care for everyone in this country. We 14,206 claimants will exhaust all extension The PRESIDING OFFICER. The Sen- should be dealing with that. benefits within 2 weeks. ator from Kentucky. The Senator from Kentucky said: It would take us 2 weeks, if the Mr. BUNNING. Mr. President, how You know, the majority leader could Bunning amendment is adopted, to fi- much time do I have remaining? have filed cloture, waited 48 hours, nally get this done, if we get it done in The PRESIDING OFFICER. The Sen- waited another 30 hours. Then we could that period of time. The Governor went ator from Kentucky has 17 minutes 25 have gone through the weekend. For on to write: seconds. what purpose? For what purpose? We By the end of March, a total of 22,797 Ken- Mr. BUNNING. I thank the Chair. have reached the point that was offered tuckians will exhaust their benefits; by mid- As the good Senator from Illinois April 31,521 will exhaust their benefits; and knows, there is no need for a con- to the Senator from Kentucky from the by July 31, the remainder of those receiving start. He is going to get his vote, but a benefits will exhaust them. Beyond the num- ference, since the House has already week has passed. A week has been ber of those receiving extension benefits, an- passed this bill and has already passed wasted—a week where we should have other 90,000 Kentuckians currently on unem- the language in this amendment. I am rolled up our sleeves and done the ployment insurance will not be eligible for very sure that they would be willing to things the people of America send us the Federal extension program at all. accept their own bill back and paid for. here to do. These unemployed Kentuckians come from He mentioned the fact that I objected What about the deficit and the debt? hard-working families that have struggled four times. I objected more than four, for months to find new employment in the It is serious. The majority leader has greatest economic recession in our lifetime. but the majority leader objected four asked me to serve on the deficit com- They are mothers and fathers who are trying times to my request. That was nowhere mission with Senators BAUCUS and to put food on the table for their children in his statement. CONRAD. It is a tough assignment. I and seniors who are trying to pay the rent. And talking about Medicare Part D don’t think it is going to be easy to fig- In addition to the extension of unemploy- premiums and the cost of Medicare ure out how to deal with a $14 trillion ment benefits, this bill also includes impor- Part D, the majority party in this Sen- tant extensions of Federal subsidies to pay debt in this Nation. But I will tell you health premiums for those unemployed peo- ate has had 3 years to repeal Medicare this: We will do a lot better with that ple who lost health insurance when they lost Part D if it was a bad idea at the time national debt if we have a strong na- their jobs, current Medicare payment rates we passed it. Certainly, with 60 full tional economy and people back to for doctors, flood insurance, and small busi- votes in the Senate, it could have re- work. We will be a lot better off as a ness loans. pealed what they considered a bad bill. nation if families can keep their kids The Governor closed his letter to The fact it was not paid for was not to in school and folks can get up and go to Senator BUNNING, saying: my liking. The fact that we were going

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S930 CONGRESSIONAL RECORD — SENATE March 2, 2010 to take care of Medicare senior citizens Senators, their Members of the House, only chance they have to hang on to who couldn’t afford their prescription to stand up for themselves. I appreciate health insurance is this COBRA pro- drugs took precedence. hearing from each and every one of gram. He spoke about the letter from the them. I thank them for their support. The COBRA program—let me add Governor of Kentucky. I didn’t receive I reserve the remainder of my time. parenthetically, that was created it. I had no knowledge of the letter The PRESIDING OFFICER. The as- through reconciliation. This process until it was brought up by the Senator sistant majority leader. that has been condemned by some cre- from Illinois. It is amazing to me the Mr. DURBIN. Mr. President, I also ated the COBRA program and said we number of misstatements, and how the received some e-mail and letters from are going to provide health insurance Governor—a Democratic Governor of Kentuckians. It is a great State. It is for the unemployed people in America, the Commonwealth—could bring all the ancestral home of many Durbins— and the President’s stimulus package these facts out to the Senator from Il- one hailed from Sunfish, KY, which is a said we will help them pay for the pre- linois and not the Senator from Ken- pretty tiny town, I am told, and came miums, and the objection of the Sen- tucky. up north to Illinois. It is a beautiful ator from Kentucky cut off those There are so many things that I can State, and I have enjoyed visiting there COBRA payments for thousands of peo- say, but I have, I guess, 11 constituent many times. ple across America. I don’t know what communications here—either phone A lady named Joy from Florence, is going to happen now. I don’t know, if calls or letters, usually e-mails—and I KY, contacted me and said: some of them lost their health insur- am going to read a couple of them be- Hello, I am 50 years old and I got let go a ance and try to get it back, whether cause I want to reserve some time in year and a half ago from my job because I they are going to be denied coverage case the Senator from Illinois gets up was getting older and they could pay less for because of a preexisting condition. I again. the younger workers. . . . hope that doesn’t happen, but it will This is from Randall in Bardstown, Most places I applied to won’t hire by expe- mean this was not just another polit- rience—they want a college degree. KY. I have an elderly mother and handicapped ical debate for them; it will mean they Just want to thank you for your principled child. I am behind in all my bills and if there have lost the coverage which all of us stand against the squandering of our coun- is not another extension I will not be able to want to have for all of our families. try’s wealth. Yes, we need to help those out pay any bills. I am hoping you will put COBRA coverage consumes nearly 84 of work; but no, we do not want to print through another extension—hopefully things percent of unemployment checks if you more money to do it. I have two sons on un- will improve come spring. don’t get a helping hand from the gov- employment at this time, yet we realize we ernment. In Illinois, monthly unem- cannot continue to spend money that doesn’t A letter from someone named J.R.— exist. didn’t give a hometown, said he is from ployment benefits are just over $1,300. Thank you very much, Senator Bunning, Kentucky. I will not read some por- The average monthly COBRA family for having the guts to stand up for your prin- tions of this letter, but I will read this health insurance premium is over ciples and oppose further spending of money part: $1,100. So you can see it is impossible we simply do not have. In particular, I am I would like to say I am unemployed and for a family with $1,300 a month to pay glad you stood up against extending unem- [unemployment insurance] has allowed me a $1,100-a-month premium. So 65 per- ployment benefits, which would put us fur- to keep my home etc. There still are no jobs cent of that cost is deferred by this ther in debt. Regards. that will allow me to live on. I have . . . cut program, and that program was That was from Bob in Burlington, back to just the basic needs—the Internet stopped because of the objection by the KY. And here is another: next. And then I will start selling my belong- Senator from Kentucky. I just want to send you some encourage- ings to get by. He said we should have gone through ment to hold your ground in the Senate on I sit and wonder if everyone on unemploy- ment gets cut off, do the Senate and Con- the cloture votes; in other words, we renewing unemployment extension benefits. should have faced his filibuster head-on As a Kentucky taxpayer and a Federal tax- gress realize the war here in the United payer, I am tired of seeing unfunded and un- States will be worse than the one we are in and taken all the time it took to re- derfunded programs pass by Congress, and I overseas? There will be so much stealing and solve our way through it. And each am glad you are taking a stand. As an Amer- . . . no telling what else just for people to hour of each day that we did that, ican and a Kentuckian, I believe the govern- try and survive and feed their families. more and more people would fall out of ment has failed the American people almost God help us all. coverage of health insurance. We don’t. totally, but at least in this instance you are There is a letter of desperation. It is As Members of Congress, we have a not failing us. Please keep your resolve and an unimaginable scene that we would pretty generous health insurance plan. don’t let pressure and influence sway a good reach in any community here in this We share it with all the other Federal decision. country in any State. But I think it re- employees, 8 million of us and our fam- That was from William in flects the fact that some people who ilies. It gives us the very best coverage, Flemingsburg, KY. write and say ‘‘cut them off’’ and ‘‘so with the government picking up about I am surprised that you don’t have more what’’ are pretty fortunate people. two-thirds or three-fourths of the cost. support when you are 100 percent correct; They probably have a job. They prob- We don’t have to worry about gaps in that if 100 men in agreement can’t find a way ably have a home. They may not be coverage. As we receive our checks, we to pay for a program, they will never pay for worried about where their next meal is anything. Our deficit has got to stop, and are going to be able to protect our fam- now is always the best time to start. Thank coming from. But for millions of Amer- ilies. But for the folks who are unem- you for standing up for us. icans, that is not the story. ployed, that just is not the case. I understand the Senator from Ken- That was Mark from Independence, The objection of the Senator from tucky sees this differently, but I take KY. Kentucky also affected, as I mentioned, This will be the last one because I the issue of health insurance as an ex- transportation across the United still have about three more pages of ample. If you have ever had the experi- States. Federal reimbursement to them: ence as a parent having a sick child States for highway and transit and having no health insurance, it is projects, on the order of hundreds of Thank you for holding firm last night. You are very much appreciated for being willing something you will never forget as long millions of dollars each day, is stopped to say no to extended benefits that no one as you live. It happened to me when I because of Senator BUNNING’s objec- knows how to pay for or who will foot the was a law student. My wife and I were tion, forcing halts in construction bill. It takes a very special individual to newly married, and we had no health work and layoffs of construction work- stand firm when everyone around you seems insurance and a baby with a medical ers in the middle of the worst economic to be caving in. problem. I try to imagine what it downturn since the Great Depression. That is from Debbie from Somerset, would be like—ours was a temporary Today, the Secretary of Transpor- KY. experience—what it would be like if tation, Ray LaHood, called to tell me These are just a few. There are more. that is what you had to face day-in and of the need for an urgent response to But there are a lot of really good peo- day-out, week-in and week-out, month get these people back to work so they ple in the Commonwealth of Ken- after month, year after year. That is can inspect projects and folks working tucky—4.2 million—who want their what these folks are up against. The for contractors and working across

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S931 America can get back to work. They Senator BAUCUS, the chairman of the money to help out on unemployment are stopped cold, dead in their tracks Senate Finance Committee. insurance. I think that is a worthy because of the objection by the Senator The PRESIDING OFFICER. Is there goal, and I think it is something we from Kentucky. objection? need to do. But where do you get the Now he wants to let this go on a lit- Mr. BUNNING. Reserving the right to money? I would suggest several places. tle further—amend this bill; let’s send object, what 5 minutes is he talking Senator BUNNING has a place that I it over to the House; let’s see if they about—his time or the time that is al- think my Democratic colleagues have accept it; maybe they won’t; maybe ready reserved for the chairman of the supported—a tax credit account. I there will be a conference; maybe in a Finance Committee and the ranking would say that has possibilities. I know few days or a few weeks we can get it member of the Finance Committee? he has also supported out of the done. It is a 30-day extension, and it de- Mr. DURBIN. All the time of debate unspent stimulus money—that could be feats its purpose if we accept this on your amendment has been equally a source of it. amendment and delay it because of divided between Democrats and Repub- But all of these things apparently are those possibilities. He can no more licans. I am not asking for your time. just being rejected. Why are they being guarantee that it will not happen than I am asking that, on the Democratic rejected? I assume it is because my col- I can guarantee that it will, but why do time, the last 5 minutes be given to leagues want to spend that money on we want to create that uncertainty for Senator BAUCUS. something else, an additional new people who have been facing this uncer- Mr. BUNNING. So I understand, on spending program that is not clear to tainty? the time that is reserved for the Sen- us at this time; otherwise, why would The objection of the Senator from ator from Montana and the Senator there be an objection to it? Kentucky also stopped Small Business from Iowa? So I think the thing that has come to Administration assistance to small Mr. DURBIN. Yes. my mind is we can’t keep going on like this. We really can’t. businesses in Illinois and Kentucky as Mr. BUNNING. I thank the Senator. We just had a hearing in the Budget well. The SBA has an outstanding loan The PRESIDING OFFICER. Without objection, it is so ordered. Committee. The witnesses—most of waiting list from small businesses to- them were Democratically called wit- taling $140 million. Because of Senator Mr. BUNNING. I yield whatever time the Senator from Alabama will con- nesses, but every single one of them BUNNING’s objection, 3,000 small busi- said we are on an unsustainable finan- nesses this month will be denied access sume. The PRESIDING OFFICER. The Sen- cial course. We are spending more to loans they need to run their busi- money than we are taking in at an un- nesses, to pay their employees, and to ator from Alabama is recognized. Mr. SESSIONS. Mr. President, there precedented amount each year and we create new jobs. In the middle of a re- cannot sustain it. At some point, we cession, can we think of a worse thing is always an easy way to get something done in this body, and that is to spend have to decide if we are going to stop. to do than to cut off small businesses? At some point, we are going to have to It did not have to happen. If Senator money and not pay for it. And I am sure that gets a lot of Democratic decide, just like our families, our cit- BUNNING would have taken the offer he ies, our counties, our States; they are had last week from the majority leader votes and they could just pass this bill right through the body. I am sure our having to decide they don’t have the and offered this amendment last week, money, and they either can’t borrow we could have avoided all of this. A House Members, the majority in the House, will just pass this legislation more or they don’t want to borrow week later, he has decided: All right, I more. And they actually, amazingly, and we will just add $10 billion more to will take the offer. But a lot of people may even reduce spending for a while. the debt. That is what we are talking have paid the price in the meantime. Do you think those counties and cities about. We will not stop until we have pro- and States are no longer going to Is this necessary? Senator BUNNING vided the assistance that unemployed exist? Will they fall off the face of the has made a number of suggestions Americans need, that families in Illi- planet? Senator BUNNING has been about how this bill could be paid for. nois and Kentucky and across America around a long time. He knows that is But it is not a question of delaying it, desperately want us to bring. Eventu- not so. Every day, businesses are hav- in my view; it is just simply a question ally, we will prevail and we will care ing to cut back. Families are cutting of not wanting to use any of our exist- for those who are struggling. back. We can’t cut back at all, but we ing moneys to pay for the extension of In the meantime, I urge my col- continue to expend greater and greater unemployment insurance. If we don’t leagues, please do not support the amounts. amendment of the Senator from Ken- do that, if we don’t pay for it, as we in The basic budget for this year has tucky. It is, unfortunately, a way to the Senate are wont to say, then where discretionary spending, nonmandatory delay this critically needed assistance does the money come from? We borrow spending, which goes up about 10 per- even further. it. cent. On top of that is the $800 billion I reserve the remainder of my time There is an interesting article in the stimulus package. All that is debt. The and yield the floor. Washington Times today, a front-page $800 billion, we had none of it in our ac- Madam President, before I do, I ask article talking about how much of our counts or our banks. We had to borrow unanimous consent that the last 5 min- debt China owns. They say they own a it. Every penny of that we pay interest utes on the Democratic side be re- good bit more of it than we have under- on. This will be $10 billion more. served for the chairman of the Senate stood, that a lot of their money goes Well, it is just $10 billion. After $800 Finance Committee, Senator BAUCUS. through other institutions, and then billion, that is not very much, is it? The PRESIDING OFFICER. Without they buy U.S. Treasury bills, and real- Oh, yes, it is. Ten billion dollars is objection, it is so ordered. I note that ly the amount owned by China is larger more than Alabama’s State budget, the Senator from Illinois has 5 minutes than we expect. Well, so be it. I don’t and we are an average-sized State, 30 seconds. know what that number is. But it is about 4 or 5 million people. That is big- Mr. BUNNING. I want to object. not healthy for the United States of ger than our State budget. The PRESIDING OFFICER. Objec- America to incur the amount of debt So one little whip—and Senator DUR- tion is heard. we are now incurring. It is not healthy. BIN, who is so eloquent, said: Well, we Mr. BUNNING. I want to understand Just a few weeks ago, this very Sen- just need to pass it right now. We do what the Senator has proposed in plain ate, our Democratic majority, with not need to be talking about paying for English. great pride, passed the pay-go legisla- it. If you say we want to pay for it, Mr. DURBIN. How much time do I tion saying that if we have additional that might take an extra day to get have remaining? expenditures, we will pay for it unless, the paperwork worked out with the The PRESIDING OFFICER. The Sen- of course, we deem it an emergency and House of Representatives. Somehow it ator has 5 minutes 20 seconds. we get a supermajority and then we is Senator BUNNING’s fault that he has Mr. DURBIN. I have asked unani- don’t have to pay for it. actually been asked to give his consent mous consent that the last 5 minutes Well, here we are just a few weeks that this body would increase our debt on the Democratic side be reserved for later. We want to spend some more by $10 billion and let this bill pass.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S932 CONGRESSIONAL RECORD — SENATE March 2, 2010 Senator BUNNING says: I am not to borrow, borrow, borrow to make our we were warned would not be effective going to do it. You asked my consent. economy go back. in creating jobs, which is the key to I am a Member of the Senate. I have a Well, what an individual from Ala- our economic growth and prosperity. right to give that consent. If I have a bama told me today out in the hall was So I would say: I know good people right to give it, I have a right to with- the same thing a constituent told me a can disagree. Some people think that hold it, and I am going to withhold it few weeks ago back in Evergreen. It is, when we are in a recession, we should unless you pay for this bill. So I do not you cannot borrow your way out of keep spending, no matter how long, no think that is anything that should sub- debt. You cannot borrow your way out matter how much, and somehow this ject him to criticism. of debt. This is a fundamental principle will make us come out of it. But when Oh, yes, it slowed down the plan. The of life. We seem to have lost sight of it. you are creating an $800 billion-a-year plan was all greased. We were going to So we are on a path that is interest payment, you realize it does zip this right through, pop another $10 unsustainable. We see what has hap- not work that way. billion to the Nation’s debt, and claim pened in Greece. It is destabilizing the If that was the way it worked, why we have solved all our problems, at entire European Union or it threatens did we not spend $1.6 trillion in the least for the moment. it. We have seen other countries get in stimulus package instead of $800 bil- But that is not a healthy approach. I the same kind of trouble. Our country lion? Why did we not spend $1,600 bil- think it is a healthy approach for is not very far behind. lion in stimulus rather than 800? Be- someone with the gumption to stand Moody’s is already talking about cause obviously that is a philosophy and question what we are doing, to say: downgrading our debt rating, the that has its limits. You have asked for my consent for amount of money you have to pay to I thank the Chair and I yield the something, I do not believe in it, and I get insurance against credit, against floor. I am proud to support the Sen- am not going to give it. I think it is default against the U.S. government ator from Kentucky. Mr. LEVIN. Mr. President, I am re- time for us to get on a more sound fi- has tripled in the last few years. These lieved that we are preparing to vote on nancial footing. are people who do this stuff for a prof- I just wish to say to Senator it. People are worried. So I would say this much-needed measure. I am dis- appointed that we have taken so long BUNNING, I respect the Senator’s view to my friends and colleagues, it is not on that. A lot of people do. I think it is that complicated. We simply have to to get to this point. There is very little opposition in this interesting our colleagues like to quote stop spending so much money. We have Chamber to the extension of unemploy- letters from people in Kentucky, talk- to stop spending so much money. We ment and COBRA benefits. Few ques- ing about that they are suffering as a cannot do everything we would like to tion the crisis we would kick off in do. We do not have the money. Most result of unemployment and that is so homes across this country if we fail to people understand that in their lives, painful. extend these benefits. In the State of But I am sure you got letters, as I and most of our local governments un- Michigan, 135,000 of these workers face have got letters. In my townhall meet- derstand that. But we in the Senate the end of their unemployment bene- ings, people are coming up to me and think we know better. fits. Each of these homes is already I would just say, with regard to the saying: Are you people losing your dealing with a tragedy—the loss of a small business taxes and some of the minds? How much money do you think job. In most cases, these are mothers things that probably would be some- you can continue to spend? Time and and fathers who have done what we ex- what helpful in creating economic time again, I hear that. Go through the pect American families to do: work airports: Keep fighting. Hold the line. growth, I am so disappointed we did hard, do their best, try to put food on Do not give in. not include more of that in the bill we the table and a roof over their family’s They are not talking about adding passed when this stimulus bill passed. I heads, and hopefully ensure a better another $10 billion to the debt because remember coming to the floor life for their children. This we will not even slow down long quoting—right before the final vote—a quintessentially American quest has enough to figure out how to pay for it. major op-ed in the Wall Street Journal been derailed by forces totally outside That is not what my constituents are by a Nobel Prize laureate, Gary Beck- the control of most of those affected. telling me. I am sure they are not tell- er, who said: This bill you are consid- This extension means more than help ing Senator BUNNING that. So I think ering in the Senate does not have suffi- to workers out of a job. It means help this is a big deal. cient stimulative impact. He thought for our entire economy. Economists So when are we going to end this it would be much less than $1 per $1 in, tell us that payments such as unem- process? When does it stop? I say the and you should get well above $1 in a ployment benefits are the most effi- time to begin to stop is now. I am good stimulus package. He warned it cient way we can increase growth in going to be supportive of Senator was not going to be a job creator. our still-struggling economy. An unem- BUNNING in his plan. I feel this matter Senator MCCAIN had a better bill, at ployment check is more than just help is getting out of hand. half the cost, $400 billion, targeted for for a family. It means local grocery As I explained the other night, I jobs, targeted for economic growth, not stores still have customers, that unem- serve on the Budget Committee. The a welfare bill, a stimulative bill, voted ployed workers can continue paying budget numbers are not in dispute. The down by the Democratic majority. their bills. The consequences of an ex- budget proposed by President Obama, a Senator THUNE offered an amend- tension of these benefits—or a decision 10-year budget, analyzed over 10 years ment similar to the one Paul Ryan and not to extend them—will ripple by the Congressional Budget Office, others in the House of Representatives throughout the economy. would conclude this: Last year we paid, had put together, about half the cost of But above all, we should keep in in 1 year, interest on our debt of $170 the bill we passed that would score, ac- mind those families who are afraid: billion. According to the Congressional cording to Christina Romer, President wondering, worrying, about what is Budget Office, because we are tripling Obama’s Chief Economic Adviser—her going to happen. In their moment of the national debt at the rate we are model of how you score these things crisis, we can choose to reach out a going, in 10 years the amount of inter- would have created twice as many jobs much-needed helping hand. Or we can est we will pay on the debt is $799 bil- for half as much money as this mon- turn away. To have delayed this exten- lion. strosity we passed—others passed. My sion has been needlessly cruel. We owe I think the American people under- wife reminds me, do not say ‘‘we’’ when a duty to these families now, a duty stand this is unacceptable. They do not you voted against it. not to compound the tragedy they al- need an accountant or an economist or So this is what we are now in. We ready face. a bureaucrat to tell them this is an have thrown out 400 or so billion, $400 The PRESIDING OFFICER. Who unsustainable path. They know it is. billion not yet spent. It is not getting yields time? They have known it is for some time. the impact we wanted. That is so trag- Mr. BUNNING. How much time is left Some people say: Well, this is just a ic. For everybody who is unemployed on our side? populist revival. They do not under- today, they need to wonder why this The PRESIDING OFFICER. The Sen- stand. We understand better. You have Congress insisted on passing legislation ator from Kentucky is recognized.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S933 There is 5 minutes 15 seconds remain- gency spending that is not paid for. So Texas (Mrs. HUTCHISON) and the Sen- ing. when we get to the bigger bill, we will ator from Oklahoma (Mr. INHOFE). Mr. BUNNING. I reserve that time have some amendments for that. The PRESIDING OFFICER. Are there until the 10 minutes prior to the time I yield the floor and suggest the ab- any other Senators in the Chamber de- expiring. In other words, the last 5 sence of a quorum. siring to vote? minutes is going to Senator BAUCUS. I The PRESIDING OFFICER. The The yeas and nays resulted—yeas 43, reserve the time prior to the Baucus clerk will call the roll. nays 53, as follows: time. I ask unanimous consent to do The legislative clerk proceeded to [Rollcall Vote No. 31 Leg.] that. call the roll. YEAS—43 The PRESIDING OFFICER. Without Mr. BEGICH. I ask unanimous con- Alexander DeMint McCain objection, it is so ordered. sent that the order for the quorum call Barrasso Ensign McConnell The Senator from Kentucky. be rescinded. Bennett Enzi Murkowski Mr. BUNNING. Mr. President, let me The PRESIDING OFFICER. Without Bond Feingold Nelson (NE) begin by addressing some of the argu- Brown (MA) Graham Risch objection, it is so ordered. Brownback Grassley ments made by the other side of the Roberts f Bunning Gregg Sessions aisle against my amendment. First, the Burr Hatch Shelby SIGNATURE AUTHORIZATION Chambliss Isakson Senator from Illinois said that this Snowe Coburn Johanns Thune would cause a needless delay in extend- Mr. BEGICH. Mr. President, I ask Cochran Kyl Vitter ing these programs, potentially caus- unanimous consent that the majority Collins LeMieux ing a protracted negotiation with the leader be authorized to sign duly en- Corker Lieberman Voinovich Wicker House. With all due respect, that is rolled bills and joint resolutions during Cornyn Lincoln Crapo Lugar nonsense. We all know the House can today’s session. act very quickly. In fact, they did so The PRESIDING OFFICER. Without NAYS—53 when they sent this bill, H.R. 4691, to objection, it is so ordered. Akaka Franken Nelson (FL) us. The House has already passed my The Senator from California. Baucus Gillibrand Pryor Mrs. BOXER. How much time re- Bayh Hagan Reed black liquor offset. I want everybody to Begich Harkin Reid understand that we pay for the exten- mains? Bennet Inouye Rockefeller sion of unemployment benefits, COBRA The PRESIDING OFFICER. There is Bingaman Johnson Sanders assistance, health care assistance so 55 seconds remaining. Boxer Kaufman Schumer Brown (OH) Kerry Shaheen everybody is covered. The larger bill Mrs. BOXER. I want to say, on behalf Burris Klobuchar Specter of many of us on this side of the aisle, Cantwell Kohl that we are dealing with on the floor, Stabenow Cardin Landrieu the one we took off the floor to address how glad we are that Senator BUNNING Tester Carper Leahy this amendment and this bill, also ex- has changed his mind and taken the op- Casey Levin Udall (CO) tends these provisions longer than just tion he was presented with on Thurs- Conrad McCaskill Udall (NM) a month—the highway bill, the doc fix day; that is, to offer an amendment Dodd Menendez Warner and then for us to get this done. Too Dorgan Merkley Webb on Medicare, the small business loans Durbin Mikulski Whitehouse that we heard about that we are de- much pain is out there with the unem- Feinstein Murray Wyden stroying with our objections, and the ployed. A lot of workers in my State NOT VOTING—4 rural satellite TV viewers. and in States all across this Nation I sincerely believe if we can’t find $10 who are unemployed suffered a great Byrd Inhofe Hutchison Lautenberg billion to pay for something that all deal of anxiety over this long weekend. 100 Senators support, we are in deep Mr. President, 2,000 Department of The PRESIDING OFFICER. On this trouble. I think the Senator from Ala- Transportation inspectors were fur- vote, the yeas are 43, the nays are 53. bama made that very clear. I am on the loughed. That led to stoppage of work Three-fifths of the Senators duly cho- Budget Committee also. I have heard on bridge and highway construction in sen and sworn not having voted in the those numbers over and over, not from 17 States, because Senator BUNNING affirmative, the motion is not agreed just the Republican people who come didn’t take the deal he is taking now. to. before the Budget Committee but from I am glad he is taking it. The bill was ordered to a third read- the Democrats who testify before the I raise a point of order that the pend- ing and was read the third time. committee. We are on an unsustainable ing Bunning amendment violates sec- The PRESIDING OFFICER. The Sen- path as far as the budget. tion 311 of the Congressional Budget ator from Montana. The question before the Senate is not Act. Mr. BAUCUS. Mr. President, I ask for whether Senators support unemploy- Mr. BUNNING. Mr. President, I am the yeas and nays. ment benefits or all the other impor- sorry. I wasn’t on the floor. Could the The PRESIDING OFFICER. Is there a tant things in this bill. The question is Senator make her point of order. sufficient second? whether we as a Senate and as a gov- Mrs. BOXER. I raise a point of order There is a sufficient second. ernment are going to pay for what we that the pending Bunning amendment The question is on the passage of the spend. violates section 311 of the Congres- bill. How much time do I have remaining? sional Budget Act. The clerk will call the roll. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- The assistant legislative clerk called ator from Kentucky has 1 minute 15 ator from Kentucky. the roll. seconds. Mr. BUNNING. Mr. President, I move Mr. DURBIN. I announce that the Mr. BUNNING. I think everybody un- to waive the applicable section of the Senator from West Virginia (Mr. BYRD) derstands why I have been on this floor Budget Act, and I ask for the yeas and and the Senator from New Jersey (Mr. for so long. I have been here for 12 nays. LAUTENBERG) are necessarily absent. years and 12 years in the House. I don’t The PRESIDING OFFICER. Is there a Mr. KYL. The following Senator is think I have spent this much time on sufficient second? necessarily absent: the Senator from the floor in any one-week period in my There is a sufficient second. Texas (Mrs. HUTCHISON). life. Usually on the floor of the House The question is on agreeing to the The PRESIDING OFFICER. (Mrs. you only get 2 minutes to say whatever motion. HAGAN). Are there any other Senators you have to say. In the Senate you get The clerk will call the roll. in the Chamber desiring to vote? as much time, usually, as you need. I The legislative clerk called the roll. The result was announced—yeas 78, have never needed this much time. But Mr. DURBIN. I announce that the nays 19, as follows: something so important, particularly Senator from West Virginia (Mr. BYRD) [Rollcall Vote No. 32 Leg.] after pay-go, and even the larger bill and the Senator from New Jersey (Mr. YEAS—78 we have before us, $104 billion of the LAUTENBERG) are necessarily absent. Akaka Begich Bond $108 billion expended in that bill is Mr. KYL. The following Senators are Baucus Bennet Boxer emergency spending. That is emer- necessarily absent: the Senator from Bayh Bingaman Brown (MA)

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S934 CONGRESSIONAL RECORD — SENATE March 2, 2010 Brown (OH) Inouye Nelson (FL) SEC. 186. EXTENSION OF LOW-INCOME HOUSING themselves, Peace Corps volunteers Brownback Isakson Pryor CREDIT RULES FOR BUILDINGS IN have served as school teachers, eco- Burris Johnson Reed GO ZONES. Cantwell Kaufman Reid Section 1400N(c)(5) is amended by striking nomic development advisers, agricul- Cardin Kerry Roberts ‘‘January 1, 2011’’ and inserting ‘‘January 1, tural and environmental specialists, Carper Klobuchar Rockefeller and in various capacities as skilled la- Casey Kohl Sanders 2013’’. Chambliss Kyl Schumer The PRESIDING OFFICER. The Sen- borers. Today, Peace Corps volunteers Cochran Landrieu Shaheen ator from Louisiana. are working in countries around the Collins Leahy Shelby world in emerging and essential areas Conrad LeMieux Snowe Ms. LANDRIEU. Madam President, I Dodd Levin Specter spoke at length about this amendment such as information technology and Dorgan Lieberman Stabenow today, so it is not necessary for me to business development. Durbin Lincoln Tester go into a great deal of detail. I offer it In fulfilling the mission that Presi- Feingold Lugar Udall (CO) dent Kennedy established for it on Feinstein McCain Udall (NM) on behalf of several Senators from the Franken McCaskill Vitter gulf coast in order to help extend the March 1, 1961, the Peace Corps has be- Gillibrand Menendez Voinovich placed-in-service state for several low- come an enduring symbol of the Amer- Graham Merkley Warner income housing units along the gulf ican commitment to freedom through Grassley Mikulski Webb the encouragement of the social and Hagan Murkowski Whitehouse coast. We are not asking for additional Harkin Murray Wicker authority, we are not asking for new economic progress of all nations. It is Inhofe Nelson (NE) Wyden tax credits but just to allow us the tax truly one of the most successful and in- NAYS—19 credits that have already been allo- fluential programs in the history of our Nation. Alexander Cornyn Johanns cated. Barrasso Crapo McConnell Without the State extension, we will Madam President, I use this oppor- Bennett DeMint Risch lose literally thousands of affordable tunity, the 49th anniversary of the Bunning Ensign Sessions housing dwellings and approximately Peace Corps, to congratulate and to Burr Enzi Thune thank everyone ever involved in this Coburn Gregg 13,000 jobs. Since we are focused on jobs Corker Hatch and focused on economic growth and program that provides such an impor- tant service to our country, as well as NOT VOTING—3 development, we thought this would be other nations, and to our fellow man. Byrd Hutchison Lautenberg an appropriate amendment to this bill. f The bill (H.R. 4691) was passed. I have called up the amendment, and Mr. DURBIN. Madam President, I I will allow the leadership to decide CONGRATULATIONS TO VERMONT move to reconsider the vote, and I when the appropriate time to vote on OLYMPIANS move to lay that motion on the table. this amendment will be. Mr. LEAHY. Madam President, on a The motion to lay on the table was I suggest the absence of a quorum. happier note, I see the distinguished The PRESIDING OFFICER. The agreed to. Senator from Vermont, Senator SAND- clerk will call the roll. ERS, on the floor today. I want to con- f The assistant legislative clerk pro- gratulate the Vermonters who rep- TAX EXTENDERS ACT OF 2009— ceeded to call the roll. resented our country at the Winter Resumed Mr. SCHUMER. Madam President, I Olympics in Vancouver. ask unanimous consent that the order The PRESIDING OFFICER. The The Olympics themselves were excit- for the quorum call be rescinded. ing. I know Marcelle and I watched clerk will report the pending business. The PRESIDING OFFICER. Without The legislative clerk read as follows: hours and hours of them. But we objection, it is so ordered. watched especially, obviously, when we A bill (H.R. 4213) to amend the Internal f Revenue Code of 1986 to extend certain expir- saw some of these young Vermonters. ing provisions, and for other purposes. MORNING BUSINESS These athletes carry on a long tradi- tion of Vermonters participating in the Pending: Mr. SCHUMER. Madam President, I Winter Olympics. Hundreds of Baucus amendment No. 3336, in the nature ask unanimous consent that the Sen- Vermonters have competed in the 21 of a substitute. ate proceed to a period of morning Winter Olympiads, and it is no secret Sessions amendment No. 3337 ( to amend- business, with Senators permitted to that Vermont produces great winter ment No. 3336), to reduce the deficit by es- speak for up to 10 minutes each. tablishing discretionary spending caps. sports athletes, thanks to our northern Thune amendment No. 3338 ( to amend- The PRESIDING OFFICER. Without climate, beautiful rugged terrain, and ment No. 3336), to create additional tax relief objection, it is so ordered. also a healthy sports industry. for businesses. f After all, the first ski lift in the The PRESIDING OFFICER. The Sen- United States was a rope tow built in ator from Louisiana. NATIONAL PEACE CORPS WEEK the town of Woodstock. I remember AMENDMENT NO. 3335 TO AMENDMENT NO. 3336 Mr. BYRD. Madam President, this what a thrill it was when then-Presi- Ms. LANDRIEU. Madam President, I week, March 1 through March 7, is Na- dent Gerald Ford told me that the first know we have returned to H.R. 4213. It tional Peace Corps Week. It marks the ski lift he was on was on that ski lift is my intention to call up amendment 49th anniversary of this unique and im- in Woodstock. It is a nice memory of a No. 3335, sponsored by myself, Senator portant government agency. wonderful person, President Gerald COCHRAN, Senator WICKER, and Senator When proposing the creation of the Ford. VITTER. Peace Corps to Congress, President Thanks to Jake Burton Carpenter The PRESIDING OFFICER. Without John F. Kennedy declared that, ‘‘Our and his wife Donna, Vermont is the objection, the pending amendment is own freedom, and the future of freedom cradle of snowboarding and it is now a set aside. around the world, depends, in a very central Olympic event. The Carpenters The clerk will report the amendment. real sense, on the ability to build grow- have worked so hard to make this a The legislative clerk read as follows: ing and independent nations where men real sport, and they have. Our schools The Senator from Louisiana [Ms. can live in dignity, liberated from the in ski areas have hosted dozens of LANDRIEU], for herself, Mr. VITTER, Mr. bonds of hunger, ignorance, and pov- international snowboarding, Alpine, WICKER, and Mr. COCHRAN, proposes an erty.’’ and Nordic ski competitions. amendment numbered 3335 to amendment For 49 years, nearly 200,000 dedicated Many Vermonters have won medals No. 3336. Americans have served in 139 countries at the Winter Olympics over the years. The amendment is as follows: around the world helping developing These champions include alpine skier (Purpose: To amend the Internal Revenue nations with health and sanitation Andrea Meade Lawrence from Rutland Code of 1986 to extend the low-income projects, assisting them in increasing who was the first American to win two housing credit rules for buildings in GO their agricultural production, and edu- gold medals in 1952, Brattleboro’s Bill Zones) cating their young. In pursuit of the Koch who was the first American nor- After section 185, insert the following: Peace Corps goal of helping people help dic skier to medal in 1976, and alpine

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S935 skier Barbara Ann Cochran, slalom halfpipe. Our entire State is proud of In true Vermont fashion, our Olym- gold medalist in 1972. your accomplishments on this inter- pians bring more than talent, excel- The Cochran family is somewhat of national stage. lence, and commitment to their sports. an Olympic dynasty in its own right. But I am proud of every Vermonter They showed exemplary dedication to Barbara Ann’s sister Marilyn and who was chosen for the Team. No mat- their communities. In other words, brother Bob also competed in 1972 and ter what their results were, it has been these men and women are more than her sister Lindy in 1976. Bob’s son Jim a pleasure to watch them, and I know just athletes; they are people who are raced in Saturday’s slalom at his sec- that each minute of competition we concerned about the world in which ond Olympics. A member of the family saw on television was preceded by hard they are living and the communities in is a member of my own staff and I cher- work, sacrifice, dedication, and thou- which they live. When Hannah Teter ish having him here. sands of hours of training. took gold in the Torino games in 2006, There were 11 athletes in Vancouver They have been great ambassadors she combined her prize money with this year who were born in Vermont or for the United States, and fantastic proceeds from maple syrup sales to call Vermont home. Ten others at- role models to Vermont’s kids. I say start a charity called ‘‘Hannah’s Gold’’ tended high school or college in congratulations to all of them. which brings aid to a village in Kenya. Vermont, we are going to take credit Finally, I want to take a moment to That is what Hannah Teter did. Liz for them as well, and we are proud to recognize two Vermonters who missed Stephen, a cross-country skier from do that. competing in Vancouver because of se- East Montpelier, supports ‘‘Fast and Raised in Vermont are snowboarders rious head injuries. Snowboarder Kevin Female,’’ a charity geared toward get- Kelly Clark from West Dover, Lindsey Pearce of Norwich fell while training ting young girls involved in sports. Jacobellis from Stratton, Hannah in Park City, UT, on December 31, and Lindsey Jacobellis, a snowboarder from Teter from Belmont and Ross Powers Cody Marshall, Chelsea’s brother, of Stratton, VT, used her love of animals from Londonderry; alpine skiers Pittsfield, an alpine slalom racer, was as motivation to get involved with the Jimmy Cochran from Richmond, Nolan injured last summer. Both have come a American Society for the Prevention of Kasper from Warren, and Chelsea Mar- long way since their injuries but have Cruelty to Animals. From charity ef- shall from Pittsfield; nordic skiers difficult recoveries ahead of them. I forts to hometown, family-owned res- Andy Newell from Shaftsbury, Liz Ste- spoke with Kevin Pearce’s mother Pia, taurants, the impact of these out- phen from East Montpelier, Caitlin and I know how the whole family has standing individuals is felt by many. Compton from Warren; and freestyle come together for him, just as Cody The 11 athletes who are recognized skier Hannah Kearney from Norwich. Marshall’s family has come together today as Vermont Olympians are the Vermont’s colleges and universities, for him. So I wish them and their fami- following: in cross-country skiing, with a strong tradition of winter lies well, and I wanted them to know Caitlin Compton, Andy Newell; in Al- sports, have sent athletes, both in- they are special inspirations to all of pine skiing, Chelsea Marshall, Nolan state and out-of-state, to numerous us. They are in all of our prayers and Kasper, and Jimmy Cochran; in ski games. Jim Cochran is a UVM alum, thoughts. jumping, Nick Alexander; in freestyle along with biathlete Lowell Bailey, Vermont is a very small State—sec- skiing, gold medalist Hannah Kearney; nordic skier Kris Freeman and hockey ond smallest in the country—so it is al- and in snowboarding, silver medalist goalie Tim Thomas. Nordic skiers Simi most like one big community in our Hannah Teter, bronze medalist Kelly Hamilton and Garrott Kuzzy are sense of pride for these young people. Clark, and Lindsey Jacobellis. It is Middlebury College graduates. I see my distinguished colleague with great pleasure that I congratulate Vermont’s ski academies, private from Vermont on the floor. I yield to these athletes on a spectacular job. high schools that are dedicated to win- him. The State of Vermont is very proud of ter sports training, attract hundreds of Mr. SANDERS. I thank Senator you all. LEAHY for yielding. There is not a lot kids from out of State every year, and f have produced hundreds of Olympians. more I can add to what he has already Liz Stephen and Nolan Kasper skied at said. TRIBUTE TO REVEREND JESSE Vancouver and are graduates of Burke As you well know, Vermont is a SCOTT Mountain Academy, which was the small State. We have 620,000 people— Mr. REID. Madam President, I rise to first ski academy in the country, one of the smallest States in the coun- acknowledge a respected voice and founded in 1970. Other ski academy try. But a lot of our young people grow longstanding figure in the Las Vegas graduates competing in Vancouver are up on the slopes of Vermont. They are community; I rise to commend a leader snowboarder Louie Vito who attended involved in skiing and snowboarding of souls and a social advocate for civil Stratton Mountain School along with from a very young age. My grandson is rights and children for over 50 years; I Andy Newell and Ross Powers; free- out there. He is 5. He is doing pretty rise to wish a happy 90th birthday to a style skier Michael Morse of the well as a snowboarder. That is true all man whom I and many in Las Vegas Killington Mountain School; and over the State. call their friend. I rise to honor Rev. biathlete Laura Spector and skiercross I think people who have watched the Jesse Scott. racers Paul Casey Puckett and Daron extraordinary Olympics in Vancouver On March 3, 1920, Jesse Scott came Rahlves who attended the Green Moun- noted that a lot of the participants, a into a world that is far different than tain Valley School along with Chelsea lot of the outstanding athletes came what we see today. When I think of the Marshall. Jim Cochran represented the from the State of Vermont. The world challenges he and so many others have Mount Mansfield Winter Academy, and watched as Hannah Kearney of Nor- endured over the years, I am humbled Kelly Clark the Mount Snow Academy. wich won the first gold medal for the by his strength, perseverance, and faith Of course, all of Vermont wants to United States. She was closely followed in God. give a special hearty congratulations in the women’s snowboarding halfpipe As a graduate of Southern University to those whose efforts resulted in med- when Vermont took both second and in Baton Rouge, LA, Reverend Scott als—Hannah Kearney won gold in the third place on the podium. That is has devoted his life to social justice. He mogul competition. quite a feat for a small State. Kelly was an organizer and president of the I spoke with her the morning after. I Clark of West Dover brought home the NAACP’s Westside Branch in Los Ange- told her I had seen her great smile on bronze, and Hannah Teter of Belmont, les and later supervised the work of television that morning. She said I the silver medal. This is an incredible some thirty NAACP branches in south- think it is going to take forever to get feat when you consider that there were ern California. that smile off my face. The New York a total of just eight women on the U.S. Eventually he came to Nevada, where Times had a wonderful article showing snowboarding team; three of them were he served as the executive director of Marty Candon driving her in a parade from the Green Mountain State and the Las Vegas NAACP. Reverend Scott in Norwich this past weekend. two of them were in the top three. was on the front lines in efforts to Hannah Teter and Kelly Clark won That is pretty good under anybody’s move the city of Las Vegas through silver and bronze in the snowboard definition of success. very challenging times. In fact he was

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S936 CONGRESSIONAL RECORD — SENATE March 2, 2010 part of a major effort to integrate the It is simple: the Republicans are try- WHEN DEFICITS BECOME hospitality and entertainment indus- ing to make us burn precious Senate DANGEROUS try. Later, Reverend Scott was selected floor time so we are unable able to Mr. KYL. Madam President, I rec- to serve as executive director of the work on pressing legislative business ommend to my colleagues a February Nevada Equal Rights Commission and for the American people like job cre- 11 Wall Street Journal column by Stan- authored an autobiography, ‘‘Pioneer ation. ford economist Michael Boskin, enti- for Social Justice.’’ Justice Keenan had to wait 124 days tled, ‘‘When Deficits Become Dan- Today, Reverend Scott is the assist- between her Senate Judiciary Com- gerous.’’ ant pastor at Second Baptist Church of mittee vote and her floor vote. Some Boskin’s premise is that the new Las Vegas and is the former pastor of other circuit court nominees of Presi- taxes and ‘‘enormous deficits and end- Second Christian Church in Las Vegas. dent Obama had to wait even longer less accumulation of debt’’ in President He is still carrying out his life’s mis- than that. Fourth Circuit Judge Andre Obama’s budget will create a ripple ef- sion of social advocacy by working Davis was forced to wait 158 days—over fect of problems through our economy. with Nevada’s nonviolent ex-offenders five months—between his committee He explains that the debt will even- to provide job training and employ- vote and his floor vote. Seventh Circuit tually force additional growth-smoth- ment. He also promotes education for Judge David Hamilton was forced to ering taxes: ‘‘Such vast debt implies children and is aligned with initiatives wait 168 days. immense future tax increases. . . . It’s that help students graduate from high hard to imagine a worse detriment to school and provide scholarships to col- How does this compare with the treatment of President Bush’s circuit economic growth.’’ lege-bound young men and women. Boskin also notes that ‘‘so worrisome Madam President, I ask the Senate court nominees? Under President Bush, 61 judges were is this debt outlook that Moody’s to join me in paying tribute to Rev- warns of a downgrade on U.S. Treasury erend Jesse Scott for his lifetime of confirmed to the appellate courts. Their average wait time from com- bonds, and major global finance powers service to Nevada and our Nation. talk of ending the dollar’s reign as the f mittee vote to floor vote was a mere 29 days, according to statistics from the global reserve currency.’’ He describes NOMINATION OF BARBARA Congressional Research Service. President Obama’s budget as ‘‘the most KEENAN risky fiscal strategy in history.’’ Justice Keenan was forced to wait I ask unanimous consent that this ar- Mr. DURBIN. Madam President, over four times longer than the aver- today the Senate confirmed Justice ticle be printed in the RECORD, and age Bush circuit court nominee who urge my colleagues to consider the Barbara Keenan to be a judge on the was confirmed. U.S. Court of Appeals for the Fourth facts and arguments it contains. This is part of a larger pattern of ob- There being no objection, the mate- Circuit by a vote of 99–0. But the vote struction on judicial nominations. Dur- rial was ordered to be printed in the took place only after an unsuccessful ing President Obama’s first year in of- Republican filibuster of her nomina- RECORD, as follows: fice, due to Republican filibusters and WHEN DEFICITS BECOME DANGEROUS—DEBT- tion. holds, the Senate confirmed only 12 This is just the latest example of the TO-GDP RATIOS OVER 90 PERCENT HAVE SIG- lower court judges. Only 12. NIFICANT IMPACT ON THE PACE OF ECONOMIC new low to which Republicans have GROWTH sunk when it comes to the treatment You have to go back to President Ei- (By Michael J. Boskin, Feb. 11, 2010) of judicial nominations. senhower to find a President who had When the Democrats were in the mi- so few judicial confirmations. Presi- President Barack Obama’s 2011 budget lays out a stunningly expensive big-government nority under President Bush, we voted dent Eisenhower only had nine judicial confirmations during his first year in spending agenda, mostly to be paid for years against cloture on a handful of his judi- down the road. He proposes to increase cap- cial nominees, but only the most con- office. But President Eisenhower only ital gains, dividend, payroll, income and en- troversial and only those for appellate made nine judicial nominations that ergy taxes. But the enormous deficits and court positions. year. endless accumulation of debt will eventually Under President Obama, Senate Re- Every other President in the modern force growth-inhibiting income tax hikes, a publicans have filibustered and stalled era had more judicial confirmations national value-added tax similar to those in almost every judicial nominee sent for- than President Obama during their Europe, or severe inflation. ward, regardless of the court and re- On average, in the first three years of the first year in office. 10-year budget plan, federal spending rises by gardless of the controversy. President George W. Bush had 28, and 4.4 percent of GDP. That’s more than during Take the case of Virginia State Su- that was with a Democratic Senate President Lyndon Johnson’s Great Society preme Court Justice Barbara Keenan. majority. President Clinton had 27, and Vietnam War buildup and President You would be hard pressed to come up President George H.W. Bush had 15, Ronald Reagan’s defense buildup combined. with someone less controversial for President Reagan had 41, President In those same three years, spending on aver- this Fourth Circuit vacancy. age hits the highest level in American his- Carter had 31, President Ford had 22, tory (25.1 percent of GDP), save the peak of Justice Keenan had the strong sup- President Nixon had 25, President port of her home State Senators, JIM World War II. The average deficit of $1.4 tril- Johnson had 18, and President Kennedy lion (9.6 percent of GDP) is over three times WEBB and MARK WARNER. She sailed had 56. But President Obama had only the previous 2008 record. through the Senate Judiciary Com- 12, due to unprecedented Republican Remarkably, President Obama will add mittee without a single vote of opposi- obstruction. more red ink in his first two years than tion. She received the highest possible Today is March 2. By this time in his President George W. Bush—berated by con- rating from the American Bar Associa- servatives for his failure to control domestic tion. And she will be the first woman Presidency, President George W. Bush spending and by liberals for the explosion of from Virginia to sit on the Fourth Cir- had 39 judicial confirmations. And, it military spending in Iraq and Afghanistan— cuit. bears repeating, that was with a Demo- did in eight. In his first 15 months, Mr. Yet here we are—over 4 months after cratic Senate majority. By contrast, Obama will raise the debt burden—the ratio President Obama has only 16 judicial of the national debt to GDP—by more than Justice Keenan was reported unani- Reagan did in eight years. mously out of the Judiciary Com- confirmations, less than half as many as his predecessor. Some specific proposals are laudable: per- mittee—and the Republicans refused to manently indexing the Alternative Minimum agree to have an up-or-down vote on There are 15 judicial nominations Tax for inflation, part of the increased R&D the Keenan nominee and forced the pending on the Senate floor. Most of funding, reform of agriculture subsidies, a Democratic majority to waste time fil- them were approved in committee future freeze on one-sixth of the budget (only ing and voting on a cloture motion. without a single vote of opposition. after it balloons for two years). But these are They have used similar tactics with Yet, due to anonymous Republican swamped by the huge expansion and cen- holds, many have been waiting months tralization of government. other judicial nominees. True, as he often reminds us, President Why are the Republicans making us and months for a vote. Obama inherited a recession and fiscal mess. jump through all these procedural This Republican obstructionism is Much of the deficit is the natural and desir- hoops? unacceptable and it must be exposed. able result of the deep recession.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S937 As tax revenues fall much more rapidly Two factors greatly compound the risk coln’s words to the families of soldiers than income, these so-called automatic sta- from Mr. Obama’s budget plan. He is running who died at Gettysburg: ‘‘We cannot bilizers cushioned the decline in after-tax in- up this debt and current and future taxes dedicate, we cannot consecrate, we come and helped natural business-cycle dy- just as the baby boomers are retiring and the cannot hallow this ground. The brave namics and monetary policy stabilize the entitlement cost problems are growing, economy. But Mr. Obama and Congress which will necessitate major reform. (Mr. men, living and dead, who struggled added hundreds of billions of dollars a year Obama didn’t get any help from his prede- here, have consecrated it, far above our of ineffective ‘‘stimulus’’ spending—more ac- cessors: George W. Bush’s growing Medicare poor power to add or detract. The curately characterized as social engineering prescription drug benefit was not funded, and world will little note nor long remem- and pork—when far more effective, less ex- Mr. Clinton’s Social Security reform was a ber what we say here, but it can never pensive options were available. casualty of the Monica Lewinsky scandal.) forget what they did here.’’ The Obama 10-year budget—unprecedented And Mr. Obama’s programs increase the frac- It is my sad duty to enter the name in its spending, taxes, deficits and accumula- tion of people getting more money back from of Joshua Birchfield in the official tion of debt—is by a large margin the most the government than the taxes they pay al- RECORD of the U.S. Senate for his serv- risky fiscal strategy in American history. In most to 50 percent, just as the demographics his Feb. 1 budget message, Mr. Obama said, on an aging population will drive it up fur- ice to this country and for his profound ‘‘We cannot continue to borrow against our ther. That’s an unhealthy political dynamic. commitment to freedom, democracy, children’s future.’’ But that is exactly what Former Senate Majority Leader Howard and peace. I pray that Joshua’s family he proposes to do. Baker famously called Reaganomics—with finds comfort in the words of the He projects a cumulative deficit of $11.5 its defense buildup, tax cuts and budget defi- prophet Isaiah who said, ‘‘He will swal- trillion by 2020. That brings the publicly held cits—a ‘‘riverboat gamble.’’ (Which, by the low up death in victory; and the Lord debt (excluding debt held inside the govern- way, worked out well.) Mr. Obama’s fiscal ment, e.g., Social Security) to 77 percent of God will wipe away tears from off all strategy is more akin to the voyage of the faces.’’ GDP, and the gross debt to over 100 percent. Titanic. Let’s hope he changes course soon Presidents Reagan and George W. Bush each enough to prevent disaster. May God grant strength and peace to ended their terms at about 40 percent. those who mourn, and may God be with The deficits are so large relative to GDP f all of you, as I know He is with Joshua. that the debt/GDP ratio keeps growing and HONORING OUR ARMED FORCES CORPORAL GREGORY SCOTT STULTZ then explodes as entitlement costs accel- Madam President, I further rise erate in subsequent decades. So worrisome is LANCE CORPORAL JOSHUA BIRCHFIELD today with a heavy heart to honor the this debt outlook that Moody’s warns of a Mr. BAYH. Madam President, I rise downgrade on U.S. Treasury bonds, and life of Marine Cpl Gregory Scott Stultz with a heavy heart to honor the life of of Brazil, IN. Greg was 22 years old major global finance powers talk of ending Marine LCpl Joshua Birchfield from the dollar’s reign as the global reserve cur- when he lost his life on February 19 rency. Westville, IN. Joshua was 24 years old while serving bravely in Afghanistan in Ken Rogoff of Harvard and Carmen when he lost his life on February 19 support of Operation Enduring Free- Reinhart of Maryland have studied the im- while serving in Afghanistan in support dom. pact of high levels of national debt on eco- of Operation Enduring Freedom. He I join Greg’s family and friends in nomic growth in the U.S. and around the was assigned to the 3rd Battalion, 4th mourning his death. Greg will be re- world in the last two centuries. In a study Marine Regiment, 1st Marine Division, membered as a loving son and a friend presented last month at the annual meeting I Marine Expeditionary Force, of the American Economic Association in to many. He is survived by his mother Atlanta, they conclude that, so long as the Twentynine Palms, CA. Kim Stultz, and Kevin Jackson of gross debt-GDP ratio is relatively modest, 30 Today, I join family and friends in Brazil; his father, Bill Stultz, Jr., of percent–90 percent of GDP, the negative mourning his death. Joshua will for- Spencer, IN; his brothers, Zach Stultz growth impact of higher debt is likely to be ever be remembered as a loving son and and Jeremiah Jackson of Brazil; his modest as well. a friend to many. He is survived by his sisters, Jessie Stultz, Miriah Stultz, But as it gets to 90 percent of GDP, there parents, Bruce Birchfield and Michelle is a dramatic slowing of economic growth by Haley Stultz, and Sienna Jackson, all ‘‘Shelley’’ Hacker; his grandmother, of Brazil; and countless family and at least one percentage point a year. The Frances Birchfield of La Porte; two sis- likely causes are expectations of much high- friends who were privileged to know er taxes, uncertainty over resolution of the ters, Rachael and Emily Birchfield, him. unsustainable deficits, and higher interest both of Westville; his stepfather, Ron Greg was a Brazil native and grad- rates curtailing capital investment. Hacker, stepgrandparents, Howard and uated from Northview High School in The Obama budget takes the publicly held Martha Hacker, and step-great-grand- 2006. He was a member of the football debt to 73 percent and the gross debt to 103 mother, Mary Dickinson, all of team and captain of the wrestling percent of GDP by 2015, over this precipice. Westville; and countless family and team, and his athletic talent allowed The president’s economists peg long-run friends who were privileged to know growth potential at 2.5 percent per year, im- him to attend Rend Lake Junior Col- plying per capita growth of 1.7 percent. A de- him. lege on a wrestling scholarship. Greg cline of one percentage point would cut this Joshua was a Westville native. Prior actively participated in ministry at annual growth rate by over half. That’s to entering the service in 2008, Joshua House of Hope in Brazil alongside his eventually the difference between a strong graduated from Westville High School father and his brother Zach. economy that can project global power and a in 2004. A talented athlete, Joshua ex- Corporal Stultz entered the Marine stagnant, ossified society. celled at baseball in high school. Corps in November of 2007 and became Such vast debt implies immense future tax Friends remember Joshua’s contagious a decorated Recon Marine. He was increases. Balancing the 2015 budget would passion for life. require a 43 percent increase in everyone’s awarded the Sea Service Deployment income taxes that year. It’s hard to imagine Joshua served as a rifleman and was Medal, the Global War on Terrorism a worse detriment to economic growth. awarded the Purple Heart, the Combat Medal, the National Defense Medal, Presidents and political parties used to Action Ribbon, the National Defense and a Meritorious Mast certificate for propose paths to a balanced budget. After al- Service Medal, the Afghanistan Cam- his outstanding service. most doubling it, Mr. Obama proposes to paign Medal, the Global War on Ter- While we struggle to express our sor- substitute stabilizing the debt/GDP ratio, a rorism Service Medal, the Sea Service row over this loss, we can take pride in much weaker goal. That goal requires balancing the budget Deployment Ribbon, and the NATO the example Greg set as a marine, a excluding interest payments, the so-called Medal. son, and a brother. Today and always primary budget. But he never achieves this, While we struggle to express our sor- he will be remembered by family, even after five and a half years of economic row over this loss, we can take pride in friends and fellow Hoosiers as a true growth, withdrawal from Iraq and Afghani- the example Joshua set as a marine, a American hero. We cherish the legacy stan, and repaid financial bailouts. The 2015 son, and a brother. Today and always of his service and his life. budget still calls for a primary deficit of $181 he will be remembered by family, As I search for words to honor this billion. friends, and fellow Hoosiers as a true fallen marine, I recall President Lin- For perspective, returning 2015 spending to population growth plus inflation produces a American hero. We cherish the legacy coln’s words to the families of soldiers primary surplus of $645 billion (3.3 percent of of his service and his life. who lost their lives at Gettysburg: ‘‘We GDP). Mr. Obama’s spending turns a short- As I search for words to honor this cannot dedicate, we cannot consecrate, run crisis into a medium-term debacle. fallen marine, I recall President Lin- we cannot hallow this ground. The

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S938 CONGRESSIONAL RECORD — SENATE March 2, 2010 brave men, living and dead, who strug- commitment to freedom, democracy, within a number of countries set to gled here, have consecrated it, far and peace. hold elections over the next 15 months. above our poor power to add or detract. I pray that Jeremy’s family finds In particular, I am concerned by the The world will little note nor long re- comfort in the words of the prophet democratic backsliding in several member what we say here, but it can Isaiah who said, ‘‘He will swallow up countries that are close U.S. partners never forget what they did here.’’ death in victory; and the Lord God will and influential regional actors. It is It is my sad duty to enter the name wipe away tears from off all faces.’’ notable that the Director of National of Gregory Scott Stultz in the official May God grant strength and peace to Intelligence included a section on RECORD of the U.S. Senate for his serv- those who mourn, and may God be with ‘‘stalled democratization’’ in Africa in ice to this country and for his profound all of you, as I know He is with Jer- his public testimony last month to the commitment to freedom, democracy, emy. Senate Intelligence Committee on an- and peace. f nual threat assessments. He stated: I pray that Greg’s family finds com- The number of African states holding elec- fort in the words of the prophet Isaiah DEMOCRACY IN AFRICA tions continues to grow although few have who said, ‘‘He will swallow up death in Mr. FEINGOLD. Madam President, I yet to develop strong, enduring democratic victory; and the Lord God will wipe would like to note the many challenges institutions and traditions. In many cases away tears from off all faces.’’ to democracy we are seeing across Afri- the ‘winner-take-all’ ethos predominates and ca today. I have long said that pro- risks exacerbating ethnic, regional, and po- May God grant strength and peace to litical divisions. those who mourn, and may God be with moting and supporting democratic in- Elections are only one component of all of you, as I know He is with Greg. stitutions should be a key tenet of our the democratic process, but still they SERGEANT JEREMY MCQUEARY engagement with Africa, as good gov- ernance is essential to Africa’s sta- are a significant one. The pre- and Madam President, I also rise with a post-elections periods in many coun- bility and its prosperity. Africans are heavy heart to honor the life of Marine tries are ones in which democratic well aware of this, and that is why we Sgt Jeremy McQueary from Columbus, space and institutions are most clearly have seen spirited democratic move- IN. Jeremy was 27 years old when he tested and face the greatest strains. ments throughout the continent, even lost his life on February 19th in combat They can be the periods in which de- against great odds. It is also why Afri- while serving in Afghanistan in support mocracy is at its best, but they can can leaders have committed at the Af- of Operation Enduring Freedom. He also be the periods in which democracy rican Union with the Declaration on was assigned to the 2nd Combat Engi- faces some of its greatest threats. This Democracy, Political, Economic and neer Battalion, 2nd Marine Division, II is the case not only in Africa; this is Corporate Governance that they will Marine Expeditionary Force, Camp the case here in the United States, and Lejeune, NC. work to enforce ‘‘the right to partici- that is why I have worked tirelessly to Today, I join family and friends in pate in free, credible and democratic limit the power of wealthy interests to mourning his death. Jeremy will for- political processes.’’ unduly influence our elections. ever be remembered as a loving hus- The previous administration spoke Among those African countries band, father, son, brother and a friend often about its commitment to pro- scheduled to hold national elections in to many. He is survived by his wife Rae mote democracy in Africa and through- 2010 are Ethiopia, Sudan, Togo, Central McQueary of Brown County and their out the world. The current administra- African Republic, Burundi, Rwanda, 5-month-old son Hadley as well as his tion, too, has committed to encourage Tanzania, and Burkina Faso. Guinea, mother, Deborah Kleinschmidt, his strong and sustainable democratic gov- Madagascar, and Niger, three countries stepfather, David Kleinschmidt, and ernments, though it has rightly ac- that have recently had coups, have also his sister Rebecca Willison. knowledged that democracy is about committed to hold elections this year. Jeremy was a Columbus native. Prior more than holding elections. In his And in early 2011, Benin, Djibouti, to entering the Marine Corps in Janu- speech in Ghana, President Obama Uganda, Nigeria, and Chad are all ary 2002, Jeremy graduated from Co- said: scheduled to hold elections. lumbus East High School. His mother America will not seek to impose any sys- Of all these elections, Sudan’s is al- said he loved fishing, four-wheeling and tem of government on any nation—the essen- ready receiving significant attention, his family. tial truth of democracy is that each nation and for good reason. That election—the Jeremy earned a Purple Heart after determines its own destiny. What we will do country’s first multiparty one in 24 surviving a roadside bomb attack in is increase assistance for responsible individ- uals and institutions, with a focus on sup- years—has the potential to be a his- Iraq. He nonetheless chose to return to porting good governance—on parliaments, toric step toward political trans- combat after the incident, which which check abuses of power and ensure that formation in Sudan if it is credible. speaks volumes about his courage. opposition voices are heard; on the rule of However, restrictions on opposition While we struggle to express our sor- law, which ensures the equal administration parties and the continued insecurity in row over this loss, we can take pride in of justice; on civic participation, so that Darfur have many doubting whether the example Jeremy set as a marine, a young people get involved . . . the conditions even exist for credible husband, a father, a son, and a brother. I agree that we must take a more ho- elections. Furthermore, increasing vio- Today and always he will be remem- listic approach in our efforts to pro- lence within southern Sudan is very bered by family, friends, and fellow mote and support democracy. Democ- worrying. In any case, the results of Hoosiers as a true American hero. We racy is not just about a single event Sudan’s election in April will have a cherish the legacy of his service and every few years; it is also about an on- great influence on political dynamics his life. going process of governance that is ac- within the country and region for years As I search for words to honor this countable and responsive to the needs to come and will pave the way for fallen marine, I recall President Lin- and will of citizens. And it is about southern Sudan’s vote on self-deter- coln’s words to the families of soldiers citizens having the space, encourage- mination, set for January 2011. The who died at Gettysburg: ‘‘We cannot ment, and ability to educate them- international community is rightly dedicate, we cannot consecrate, we selves, mobilize, and participate in keeping a close eye on these elections, cannot hallow this ground. The brave that process. We must help countries and we need to continue supporting ef- men, living and dead, who struggled build such institutions and encourage forts to make them credible and be pre- here, have consecrated it, far above our such space, and we must be willing to pared to speak out against any abuses poor power to add or detract. The speak out against erosions of demo- or rigging. world will little note nor long remem- cratic rights and freedoms—and not Similarly, we need to keep a close ber what we say here, but it can never only once a country reaches a crisis eye on the other African countries forget what they did here.’’ point such as a coup. holding important elections this year. It is my sad duty to enter the name While some African countries have Let me highlight four countries whose of Jeremy McQueary in the official made great democratic strides, I am upcoming elections I believe also merit RECORD of the U.S. Senate for his serv- concerned about the fragile state of de- close attention and specific inter- ice to this country and for his profound mocracy on the continent, especially national engagement.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S939 The first is Ethiopia, which is set to Burundi’s civil war have not entirely elections have been hurt by reports of hold elections in May. In his testi- gone away. And there is some evidence fraud, intimidation, and politically mony, the Director of National Intel- that the parties continue to use the motivated prosecutions of opposition ligence stated: tools of war to pursue their political candidates. The Director of National In Ethiopia, Prime Minister Meles and his goals. According to a report by the Intelligence stated in his testimony party appear intent on preventing a repeat of International Crisis Group last month, that Uganda remains essentially a the relatively open 2005 election which pro- ‘‘opposition parties are facing harass- ‘‘one-party state’’ and said the govern- duced a strong opposition showing. ment and intimidation from police and ment ‘‘is not undertaking democratic Indeed, in Ethiopia, democratic space the ruling party’s youth wing and ap- reforms in advance of the elections has been diminishing steadily since pear to be choosing to respond to vio- scheduled for 2011.’’ 2005. Over the last 2 years, the Ethio- lence with violence.’’ Furthermore, Uganda’s elections next year could be pian Parliament has passed several new there continue to be reports that the a defining moment for the country and laws granting broad discretionary pow- National Intelligence Service is being will have ramifications for the coun- ers to the government to arrest oppo- used by the ruling party to destabilize try’s long-term stability. The riots in nents. One such law, the Charities and the opposition. If these trends con- Buganda last September showed that Societies Proclamation, imposes direct tinue, they could taint Burundi’s elec- regional and ethnic tensions remain government controls over civil society tions and set back its peace process. strong in many parts of the country. and bars any civil society group receiv- The international community, which Therefore, it is important that the ing more than 10 percent of its funding has played a big role in Burundi’s peace United States and other friends of from international sources to do work process, cannot wait until a month be- Uganda work with that country’s lead- related to human rights, gender equal- fore the election to speak out and en- ers to ensure critical electoral reforms ity, the rights, of the disabled, chil- gage the parties these issues. We need are enacted. In the consolidated appro- dren’s rights, or conflict resolution. to do it now. priations act that passed in December, Another law, the Anti-Terrorism Proc- Burundi’s neighbor to the north, Congress provided significant assist- lamation, defines terrorism-related Rwanda, is also slated to hold impor- ance for Uganda but also specifically crimes so broadly that they could ex- tant elections this summer. Rwanda is directed the Secretary of State ‘‘to tend to nonviolent forms of political another country that has come a long closely monitor preparations for the dissent and protest. way. Since the genocide in 1994, the Ethiopia is an important partner of 2011 elections in Uganda and to ac- government and people of Rwanda have the United States and we share many tively promote . . . the independence of made impressive accomplishments in interests. We currently provide hun- the election commission; the need for rebuilding the country and improving dreds of millions of dollars in aid annu- an accurate and verifiable voter reg- basic services. It is notable that Rwan- ally to Ethiopia. That is why I have istry; the announcement and posting of da was the top reformer worldwide in been so concerned and outspoken about results at the polling stations; the free- the 2010 World Bank’s ‘‘Doing Business these repressive measures, and that is dom of movement and assembly and a Report.’’ President Kagame has shown why I believe we have a stake in ensur- process free of intimidation; freedom of commendable and creative leadership ing that Ethiopia’s democratic process the media; and the security and protec- moves forward, not backward. With the in this respect. On the democratic tion of candidates.’’ elections just 3 months away, several front, however, Rwanda still has a long Madam President, again these chal- key opposition leaders remain impris- way to go. lenges are not unique to Africa. Here in Understandably there are real chal- oned, most notably Birtukan Mideksa, the United States, we too have to work lenges to fostering democracy some 15 the head of the Unity for Democracy constantly to ensure the integrity of years after the genocide, but it is trou- and Justice Party. There is no way our elections and our democratic proc- bling that there is not more space that elections can be fair, let alone esses. But I believe these upcoming within Rwanda for criticism and oppo- credible, with opposition leaders in jail elections in a number of African states or unable to campaign freely. At the sition voices. The State Department’s could have major ramifications for the bare minimum, the international com- 2008 Human Rights Report for Rwanda overall trajectory of democracy on the munity should push for the release of stated, ‘‘There continued to be limits continent as well as for issues of re- these political prisoners ahead of the on freedom of speech and of associa- gional security. I also believe several elections. If nothing changes, we tion, and restrictions on the press in- of these elections could significantly should not be afraid to stand with the creased.’’ With elections looming, impact U.S. policy and strategic part- Ethiopian people and state clearly that there are now some reports that oppo- nerships on the continent. For that an election in name only is an affront sition party members in Rwanda are reason, I do not believe we can wait to their country’s democratic aspira- facing increasing threats and harass- until weeks or days before these elec- tions. ment. The international community tions to start focusing on them. We The second country I want to high- should not shy away from pushing for need to start engaging well in advance light is Burundi. As many people will greater democratic space in Rwanda, and helping to pave the way for truly recall, Burundi was devastated by po- which is critical for the country’s last- democratic institutions and the con- litical violence throughout the 1990s, ing stability. We fail to be true friends solidation of democracy. This includes leaving over 100,000 people dead. Yet to the Rwandan people if we do not aligning with democratic actors that the country has made tremendous stand with them in the fight against speak out against repressive measures strides in recent years to recover and renewed abuse of civil and political that erode political and civil rights. rebuild from its civil war. In 2005, it rights. In the next few months in the The Obama administration has done held multiparty national and local runup to the elections, it is a key time this well in some cases, but we need to elections, a major milestone on its for international donors to raise these do it more consistently and effectively. transition to peace. Burundians are set issues with Kigali. In the coming months, I hope to work to head to the polls again this year. If Finally, I would like to talk about with the administration to ensure we these elections are fair, free, and Uganda, which is set to hold elections have a clear policy and the resources to peaceful, they have the potential to be in February 2011. Uganda, like Rwanda, that end. another milestone along the path to- is a close friend of the United States, f ward reconciliation, lasting stability, and we have worked together on many and democratic institutions. This joint initiatives over recent years. HUMAN RIGHTS would be good not only for Burundi but President Museveni deserves credit for Mr. FEINGOLD. Madam President, also for the whole of Central Africa. his leadership on many issues both although I know the Obama adminis- Burundians deserve international sup- within the country and the wider re- tration strongly supports human rights port and encouragement as they strive gion. However, at the same time, and adherence to the rule of law for that goal. Museveni’s legacy has been tainted by around the world, I have been struck Still, many challenges remain. The his failure to allow democracy to take by several very public examples where tensions that fed and were fueled by hold in Uganda. Uganda’s most recent this important issue has gotten short

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S940 CONGRESSIONAL RECORD — SENATE March 2, 2010 shrift—most notably in senior State sary. This nonpartisan political organi- team was able to provide paramedics Department meetings with foreign gov- zation encourages informed and active and physicians to treat her on site and ernments. Perhaps the starkest exam- participation in government, works to stabilize the woman for transport to a ple was the Secretary of State’s visit increase understanding of major public local hospital. to China last year, where she said that policy issues, and influences public pol- These teams leveraged their count- U.S. efforts to advance human rights icy through education and advocacy. less hours of training to hit the ground ‘‘can’t interfere on the global economic The League of Women Voters was running at full speed. They have exten- crisis, the global climate change crisis founded by Carrie Chapman Catt in sive international and domestic dis- and the security crisis.’’ 1920—just 6 months before the 19th aster response experience, and are rec- Since joining Congress in 1993, I have amendment to the U.S. Constitution ognized throughout the United States emphasized that human rights must be was ratified, giving women the right to and the world as leaders in readiness, at the center of our foreign policy. The vote after a 72-year struggle. It was de- response and recovery techniques. Obama administration shares this signed to help 20 million women carry This is an important capability—and view, but I remain troubled that in cer- out their new responsibilities as voters. just yesterday I understand the teams tain instances human rights continue It encouraged them to use their new were put on ready alert to potentially to take a back seat to other competing power to participate in shaping public deploy again, this time to Chile to help concerns deemed more pressing. As we policy. Today, there are 900 State and with search and rescue efforts. seek to address the many crises we face local Leagues in all 50 States. Please join me in commending the both at home and around the world, we While the league neither supports nor heroic and humanitarian efforts of Vir- cannot afford to miss—or avoid—oppor- opposes candidates for office at any ginia Task Force One and Virginia tunities to raise human rights con- level of government, it works to influ- Task Force Two. cerns. I do not believe quiet tradeoffs ence policy through advocacy on issues I offer sincere thanks to all the team are necessary or consistent with the such as voting rights, health care re- members, support personnel, and the principles for which the United States form, global climate change, and elec- families of these brave men and stands. Moreover, whatever the per- tion administration. This grassroots women. citizen network is directed by the con- ceived short-term benefit of remaining f quiet when human rights are being un- sensus of its members nationwide. In honoring the league, we com- dermined, there is often a long-term ADDITIONAL STATEMENTS memorate the past achievements of cost to us. Our commitment to and en- women and highlight the successes of forcement of international human women today. From the suffragists TRIBUTE TO MARY SCOTT rights standards is part of our who founded the league 90 years ago to ∑ strength—when they are called into Mr. CARPER. Madam President, the incredible women who work today question, our own national security is today I wish to recognize Mrs. Mary to improve our communities and our undermined. Scott, former Smyrna School District country as elected officials and as vol- Human rights, good governance and superintendent, whom I have been priv- unteers, the league’s women are mak- the rule of law are important not only ileged to know for the past two dec- ing a profound and lasting civic im- in their own right, but also for the ades. A role model of integrity, Mrs. pact. I wish the League of Women Vot- positive contributions they can provide Scott served the Smyrna School Dis- ers continued success as they bring to our efforts on counterterrorism, sta- trict in a series of roles of increasing more women into the political arena as bility, and development. As we con- responsibility from 1965 until July 1998, candidates, informed voters and advo- tinue the fight against al-Qaeda and its when she retired as the district’s super- cates. affiliates, a robust human rights agen- intendent. da that is deeply intertwined with our f Born and in Wilmington, DE, Mrs. broader national security goals will RECOGNIZING VIRIGINIA TASK Scott attended public school until she help us achieve our counterterrorism FORCES ONE AND TWO was 10. When her family moved to Smyrna, a town some 40 miles south of objectives. At the same time, our coun- Mr. WARNER. Madam President, I Wilmington, she attended a two-room terterrorism policies and those of our rise today to commend the efforts of school there that housed grades 1 partners must respect basic, funda- Virginia Task Forces One and Two on through 8 before attending the Booker mental rights in order to be truly effec- their recent deployment to Haiti. Their T. Washington Elementary School in tive. combined efforts in the immediate Dover for grades 9 and 10. Mary Scott Developing a coherent and effective aftermath of the devastating earth- graduated from the laboratory high foreign policy that successfully incor- quake resulted in the successful rescue school for students in grades 11 and 12 porates trade, security, and human of 19 men, women, and children. rights concerns is no easy task. But we These teams are made up of over 150 that was located on the campus of cannot further perpetuate the current firefighters, physicians, and structural Delaware State College, now Delaware imbalance by remaining silent on crit- engineers from Fairfax and Virginia State University. Four years later, ical human rights concerns. Silence Beach, VA. Mrs. Scott graduated from Delaware speaks volumes and gives a free pass to Both teams were manned and ready State College with a bachelor of arts those who commit such abuses, as well within 24 hours of the call for help. degree in English and a minor in biol- as those who might commit them in That included preparing and staging ogy, after which she went on to receive the future. We must voice our concerns over 100 tons of cargo and gear for air- her masters of arts degree in psy- loudly and consistently as we seek to lift to Haiti. chology from Washington College in build global partnerships rooted in One of the rescues involved Jens Chestertown, MD. policies that incorporate good govern- Christensen, a United Nations worker The first minority educator to join ance, the rule of law, and human rights from Denmark who was trapped in the faculty of the Smyrna District, Mrs. alongside our economic and security United Nations compound. The teams Scott began her career as an English priorities. By downplaying the former worked for over 8 hours to free him, teacher at Smyrna High School, the in order to focus on the latter, the ad- and kept him alive by inserting a feed- home of the Eagles. Later, she served ministration risks weakening a key ing tube through the rubble to provide the district as assistant to the presi- pillar of American strength. him water during the rescue. dent and as human relations counselor f Acting on a tip from local residents, at the high school until 1978 when she the team also rescued two children, became director of the Title 1 Program RECOGNIZING THE LEAGUE OF ‘‘Kiki and Sabrina,’’ almost a full week and supervisor of the Early Childhood WOMEN VOTERS after the earthquake. These two Hai- Education Center, serving in that ca- Ms. MIKULSKI. Madam President, tian girls were still alive in a building pacity until 1985. Next, she was ap- today I wish to commend and con- no one had previously searched. pointed principal of North Elementary gratulate the League of Women Voters, Another woman was rescued from the School and held that position until her in honor of the league’s 90th anniver- rubble of a collapsed market, and the promotion to the district’s supervisor

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S941 of education in 1988. Finally, from 1991 plomas, and certificate programs in a U.S. Marshals Service. Although she no to 1994, Mary Scott served as the dis- variety of subject areas. longer serves as director, Sandi has re- trict’s assistant superintendent until Under his tutelage, Tri-County has mained an integral part of the Nation’s her appointment as the superintendent become an exemplary 2-year technical U.S. Marshals Museum. of schools in the Smyrna District in institution that educates students Madam President, I salute Sandi and October of 1994. She was the first Afri- across Pickens, Anderson and Oconee all of the residents of Fort Smith for can-American to serve in that role in Counties. Dr. Garrison worked tire- their dedication and commitment to that district. lessly to improve the lives of many this project. The entire community of The Smyrna School District has South Carolinians and used his unique Fort Smith should be proud of its ef- served the towns of Smyrna and Clay- position to advocate for technical edu- forts to bring the U.S. Marshals Mu- ton in Kent County for more than 125 cation. seum home where it belongs.∑ years and currently includes more than Dr. Garrison was one of the early pio- f 4,800 students in central Delaware. neers of technical schools in South TRIBUTE TO COLONEL ROBERT L. The core values of the district in- Carolina, which quickly transformed HOWARD clude compassion, perseverance, re- South Carolina’s economy. South Caro- spect, responsibility, and integrity. At lina’s technical schools have always ∑ Mr. SESSIONS. Madam President, the recent ‘‘I Love Smyrna School Dis- been some of the highest performing today I pay tribute to COL Robert L. trict Day,’’ Mrs. Scott was honored as schools in the nation, much to do with Howard. Colonel Howard grew up in a role model of integrity. The Smyrna the leadership of Dr. Garrison. He was Opelika, AL, and enlisted in the U.S. District community committee defines an optimist by nature, who always Army in 1956 at age 17. He retired as a integrity as ‘‘being honest, fair, good, tried to find a way forward, no matter full Colonel in 1992 after 36 years serv- and trustworthy.’’ Mary Scott is the how difficult the problem. The people ice. After retiring, Howard worked for epitome of all of these things and of South Carolina were well served by the Department of Veterans Affairs. more. A person of deep faith, Mary be- his leadership and vision. During Vietnam, he served in the U.S. lieves in giving back to her commu- Dr. Garrison will be remembered as a Army Special Forces, Green Berets, nity, her church, and her State and has passionate educator, a steadfast advo- and spent most of his five tours in the been recognized for her service to edu- cate of education, and for the tremen- secret Military Assistance Command cation by numerous educational, civic, dous contributions he has made to Vietnam Studies and Observations and religious organizations. On top of countless members of our community. Group, also known as Special Oper- all this, Mrs. Scott has been married to His legacy will be carried on by the ations Group, which ran classified William L. Scott, a retired probation many lives that he influenced. I truly cross-border operations into Laos, and parole officer, for 56 years. They admire his dedication to his students Cambodia, and North Vietnam. are parents to 3 children, Sheldon, Jef- and to the State of South Carolina. These men carried out some of the frey, and Rachel, grandparents to five, In his final commencement speech, most daring and dangerous missions and great-grandparents to two. Dr. Garrison told the graduating class, ever conducted by the U.S. military. Through her tireless efforts over a ‘‘The key to success in life is attaching The understrength 60-man recon com- third of a century, Mary Scott has yourself to a cause that is greater than pany at Kontum in which he served was made a profound difference in the lives yourself.’’ Dr. Garrison was a shining the Vietnam war’s most highly deco- of thousands of students in the Smyrna example of this very statement. I was rated unit of its size with five Medals District—many of whom remain dedi- truly saddened to hear of the passing of of Honor. It was for his actions while cated and committed alumni of the dis- Dr. Don Garrison and I want to take serving on a mission to rescue a fellow trict. Mrs. Scott leaves a legacy of this opportunity to send my condo- soldier in Cambodia that he was sub- commitment to public service for her lences to his wife Carol, his family, and mitted for the third time for the Medal children, grandchildren, students, and friends. I also want to express my sin- of Honor for his extraordinary heroism. for the rest of us to follow. On behalf of cere appreciation for his long service Colonel Howard was a sergeant first all who have benefited from her tire- to the State of South Carolina.∑ class in the Army’s Special Forces on less and enlightened leadership, I f Dec. 30, 1968, when he rallied a badly thank her for her commitment to edu- shot-up platoon against an estimated TRIBUTE TO SANDI SANDERS cating every child and for the inspira- 250 enemy troops. Despite being unable tion she provides through a lifetime of ∑ Mrs. LINCOLN. Madam President, to walk because of injuries, he coordi- caring. today I recognize Sandi Sanders of nated a counterattack while aiding the On behalf of all Delawareans, I con- Fort Smith, AR, for her leadership on wounded and was the last man to board gratulate her on being honored for her the U.S. Marshals Service National a helicopter, according to military service and extend to her my very best Museum to be located in Fort Smith. records. wishes for every success in the future.∑ Because of her efforts, Sandi will be He served five tours in Vietnam and f honored during a ‘‘Salute to Sandi’’ is the only soldier in our Nation’s his- event hosted by the museum later this tory to be nominated for the Congres- REMEMBERING DR. DON C. month. sional Medal of Honor three times for GARRISON In January 2007, Fort Smith was three separate actions within a 13- ∑ Mr. GRAHAM. Madam President, I given a highly sought after oppor- month period. He received a direct ap- would like to pay tribute to the life of tunity: designation as the site for a na- pointment from master sergeant to Dr. Don C. Garrison of Easley, SC. On tional museum, the U.S. Marshals Mu- first lieutenant in 1969 and was award- February 27, 2010, South Carolina lost a seum. As the oldest Federal law en- ed the Medal of Honor by President true visionary and leader who dedi- forcement agency in the Nation, the Richard M. Nixon at the White House cated almost half of his life to improv- U.S. Marshals Service reflects the his- in 1971. His other awards for valor in- ing higher education. tory of the United States. Throughout clude two awards of the Distinguished For more than three decades, Dr. their 219-year history, U.S. marshals Service Cross, the Silver Star, the De- Garrison devoted himself to nurturing and deputy marshals have been in- fense Superior Service Medal, four and developing Tri-County Technical volved in many of the Nation’s most awards of the Legion of Merit, four College, one of the largest community historic events. Within the history of Bronze Star Medals and eight Purple and technical colleges in South Caro- the Service are powerful stories that Hearts. He was wounded 14 times while lina. In 1971, Dr. Garrison took over as touch and inspire all people. serving in Vietnam. president of Tri-County, which at the Sandi’s involvement with the mu- Colonel Howard, 70, died at a hospice time was a rural technical school. Dur- seum dates back to 2007, when she was in Waco, where he had been for about 3 ing his tenure as president, Dr. Garri- named director. She has worked tire- weeks, suffering from pancreatic can- son expanded this institution to be- lessly to create a museum that will cer. He was buried in Arlington on Feb- come one of the State’s largest com- educate all visitors about the history, ruary 22, 2010. Colonel Howard is sur- munity colleges, providing degrees, di- values, and dedicated individuals of the vived by his son, Army SGT Robert

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S942 CONGRESSIONAL RECORD — SENATE March 2, 2010 Howard, Jr., and daughters Melissa make sure the Aryan Nations would law, the report of a rule entitled ‘‘Registra- Gentsch, Rosslyn Howard, and Denicia not succeed. There were so many that tion, Five Year Terms’’ (RIN0580–AB03) re- Howard; and four grandchildren. I was the meeting room couldn’t hold them ceived in the Office of the President of the also pleased to meet his brother Steve all. You know there is something spe- Senate on February 23, 2010; to the Com- mittee on Agriculture, Nutrition, and For- Howard, 6 years younger, who also vol- cial going on when one out of every six estry. unteered at age 17. In an annual event, residents of a small rural county EC–4827. A communication from the Chief Steve was able to serve with his broth- comes, to learn how to protect their of Research and Analysis, Food and Nutri- er on one of his tours in Vietnam. It community from a group who would tion Services, Department of Agriculture, was wonderfully clear to one how much destroy it. Since then, the Grant Coun- transmitting, pursuant to law, the report of affection and respect Steve had for his ty Human Rights Coalition has been a rule entitled ‘‘Food Stamp Program: Eligi- big brother. formed. It is a remarkable group of bility and Certification Provisions of the So, Madam President, it is my honor Farm Security and Rural Investment Act of people, all working to make their home 2002’’ (RIN0584–AD30) received in the Office of to pay tribute to this great Alabamian a better place. the President of the Senate on February 24, and, most of all, this great American. The people of Grant County have 2010; to the Committee on Agriculture, Nu- He, like so many today, went into shown us all what a community looks trition, and Forestry. harm’s way, a courageous patriot, to like. As an Oregonian and as their U.S. EC–4828. A communication from the Acting effect the decided military positions of Senator, I could not be more proud of Director of the Legislative Affairs Division, the United States. It is on the actions them.∑ Commodity Credit Corporation, Department of such men that our liberty and pros- of Agriculture, transmitting, pursuant to f law, the report of a rule entitled ‘‘Technical perity depend. I am humbled to have MESSAGES FROM THE PRESIDENT Service Provider Assistance’’ ((7 CFR Part the opportunity to express my appre- 652) (RIN0578–AA48)) received in the Office of ciation for Colonel Howard’s heroic and Messages from the President of the the President of the Senate on February 24, superb service to this country.∑ United States were communicated to 2010; to the Committee on Agriculture, Nu- f the Senate by Mr. Pate, one of his sec- trition, and Forestry. retaries. EC–4829. A communication from the Acting RECOGNIZING GRANT COUNTY, Director of the Legislative Affairs Division, OREGON f Commodity Credit Corporation, Department ∑ Mr. WYDEN. Madam President, I of Agriculture, transmitting, pursuant to EXECUTIVE MESSAGES REFERRED law, the report of a rule entitled ‘‘Healthy would like to take a moment to praise As in executive session the Presiding Forests Reserve Program’’ ((7 CFR Part 652) the courage and commitment of a Officer laid before the Senate messages (RIN0578–AA52)) received in the Office of the small community in Oregon. from the President of the United President of the Senate on February 24, 2010; Grant County is home to just 7,500 States submitting sundry nominations to the Committee on Agriculture, Nutrition, people. It is located in rural eastern and Forestry. which were referred to the appropriate EC–4830. A communication from the Acting Oregon. The county is larger than some committees. States. With majestic mountains, riv- Director of the Legislative Affairs Division, (The nominations received today are Commodity Credit Corporation, Department ers, and valleys, its beauty is unprece- printed at the end of the Senate pro- of Agriculture, transmitting, pursuant to dented. Those who live there are proud ceedings.) law, the report of a rule entitled ‘‘Compli- of their home. They work hard and ance with the National Environmental Pol- they watch out for each other. Last f icy Act’’ ((7 CFR Part 650) (RIN0578–AA55)) month, they proved it in a way that MESSAGE FROM THE HOUSE received in the Office of the President of the should make everyone proud to be an Senate on February 24, 2010; to the Com- ENROLLED BILL SIGNED American. mittee on Agriculture, Nutrition, and For- A few weeks ago, a man came to At 8:11 p.m., a message from the estry. House of Representatives, delivered by EC–4831. A communication from the Acting town calling himself the national di- Director of the Legislative Affairs Division, rector of the Aryan Nations, one of the Mrs. Cole, one of its reading clerks, an- nounced that the Speaker has signed Commodity Credit Corporation, Department most infamous hate groups in America. of Agriculture, transmitting, pursuant to He declared that he was looking for a the following enrolled bill: law, the report of a rule entitled ‘‘Agricul- place for a national headquarters and H.R. 1299. An act to make technical correc- tural Management Assistance Program’’ ((7 that Grant County would be perfect. tions to the laws affecting certain adminis- CFR Part 1465) (RIN0578–AA50)) received in Amazingly, he said the values of his or- trative authorities of the United States Cap- the Office of the President of the Senate on itol Police, and for other purposes. ganization and the values of Grant February 24, 2010; to the Committee on Agri- culture, Nutrition, and Forestry. County were the same. The enrolled bill was subsequently signed by the Acting President pro EC–4832. A communication from the Direc- He couldn’t have been more wrong. tor of the Regulatory Management Division, Since the local newspaper, the Blue tempore (Mr. REID). Office of Policy, Economics, and Innovation, Mountain Eagle, reported on his visit, ENROLLED BILL SIGNED Environmental Protection Agency, transmit- Grant County has risen as one to show At 9:30 p.m., a message from the ting, pursuant to law, the report of a rule en- this man that there is no way that House of Representatives, delivered by titled ‘‘Trichoderma asperellum strain ICC their home is going to be the head- Mrs. Cole, one of its reading clerks, an- 012; Exemption from the Requirement of a quarters for hate. nounced that the Speaker has signed Tolerance’’ (FRL No. 8800–9) received in the Office of the President of the Senate on Feb- To express their outrage, the resi- the following enrolled bill: ruary 24, 2010; to the Committee on Agri- dents of Grant County stood on street H.R. 4691. An act to provide a temporary culture, Nutrition, and Forestry. corners in the city of John Day waving extension of certain programs, and for other EC–4833. A communication from the Direc- flags and holding signs making it clear purposes. tor of the Regulatory Management Division, that the Aryan Nations was not wel- The enrolled bill was subsequently Office of Policy, Economics, and Innovation, come. The people of Grant County signed by the Acting President pro Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- stood together in supporting diversity tempore (Mr. REID). and tolerance in their community. All titled ‘‘1,2,3-Propanetriol, Homopolymer f Diisooctadecanoate; Exemption from the Re- over the county, green ribbons symbol- quirement of a Tolerance’’ (FRL No. 8813–8) izing their support for equality EXECUTIVE AND OTHER received in the Office of the President of the streamed from car antennas, hung from COMMUNICATIONS Senate on February 24, 2010; to the Com- fences, and pinned proudly to their The following communications were mittee on Agriculture, Nutrition, and For- clothes. Signs are in businesses and laid before the Senate, together with estry. EC–4834. A communication from the Sec- homes. Cars are emblazoned with mes- accompanying papers, reports, and doc- sages of support for their community retary of Defense, transmitting, pursuant to uments, and were referred as indicated: law, a report relative to the assignment of and opposition to hatred. EC–4826. A communication from the Regu- women to submarines; to the Committee on More than 1,000 people jammed into latory Analyst, Grain Inspection, Packers Armed Services. two public meetings held on February and Stockyards Administration, Department EC–4835. A communication from the Chair- 26. They were there to learn how to of Agriculture, transmitting, pursuant to man and President of the Export-Import

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S943 Bank, transmitting, pursuant to law, a re- to the Committee on Environment and Pub- mitting, pursuant to law, a report entitled port relative to transactions involving U.S. lic Works. ‘‘Study and Report Relating to Medicare Ad- exports to the Republic of Korea; to the EC–4845. A communication from the Direc- vantage Organizations as Required by Sec- Committee on Banking, Housing, and Urban tor of the Regulatory Management Division, tion 4101(d) of the American Recovery and Affairs. Office of Policy, Economics, and Innovation, Reinvestment Act of 2009’’; to the Committee EC–4836. A communication from the Chair- Environmental Protection Agency, transmit- on Finance. man and President of the Export-Import ting, pursuant to law, the report of a rule en- EC–4854. A communication from the Assist- Bank, transmitting, pursuant to law, a re- titled ‘‘Approval and Promulgation of Oper- ant Secretary, Office of Legislative Affairs, port relative to transactions involving U.S. ating Permits Program; State of Iowa’’ (FRL Department of State, transmitting, pursuant exports to Turkey; to the Committee on No. 9120–2) received in the Office of the Presi- to law, a report relative to U.S. military per- Banking, Housing, and Urban Affairs. dent of the Senate on February 24, 2010; to sonnel and U.S. civilian contractors involved EC–4837. A communication from the Chair- the Committee on Environment and Public in the anti-narcotics campaign in Colombia; man of the Board of Governors, Federal Re- Works. to the Committee on Foreign Relations. serve System, transmitting, pursuant to law, EC–4846. A communication from the Direc- EC–4855. A communication from the Assist- the Board’s semiannual Monetary Policy Re- tor of the Regulatory Management Division, ant Legal Adviser for Treaty Affairs, Depart- port to the Congress; to the Committee on Office of Policy, Economics, and Innovation, ment of State, transmitting, pursuant to the Banking, Housing, and Urban Affairs. Environmental Protection Agency, transmit- Case-Zablocki Act, 1 U.S.C. 112b, as amended, EC–4838. A communication from the Sec- ting, pursuant to law, the report of a rule en- the report of the texts and background state- retary, Division of Investment Management, titled ‘‘Approval and Promulgation of Imple- ments of international agreements, other Securities and Exchange Commission, trans- mentation Plans; Ohio New Source Review than treaties (List 2010–0029–2010–0032); to the mitting, pursuant to law, the report of a rule Rules’’ (FRL No. 9107–4) received in the Of- Committee on Foreign Relations. entitled ‘‘Money Market Fund Reform’’ fice of the President of the Senate on Feb- EC–4856. A communication from the Coor- (RIN3235–AK33) received in the Office of the ruary 24, 2010; to the Committee on Environ- dinator of U.S. Assistance to Europe and President of the Senate on February 24, 2010; ment and Public Works. Eurasia, Office of Legislative Affairs, De- to the Committee on Banking, Housing, and EC–4847. A communication from the Direc- partment of State, transmitting, pursuant to Urban Affairs. tor of the Regulatory Management Division, law, an annual report on U.S. Government EC–4839. A communication from the Sec- Office of Policy, Economics, and Innovation, Assistance to and Cooperative Activities retary, Division of Corporation Finance, Se- Environmental Protection Agency, transmit- with Central and Eastern Europe; to the curities and Exchange Commission, trans- ting, pursuant to law, the report of a rule en- Committee on Foreign Relations. mitting, pursuant to law, the report of a rule titled ‘‘Approval and Promulgation of Air EC–4857. A communication from the Direc- entitled ‘‘Amendments to Rules Requiring Quality Implementation Plans; Illinois; NOx tor, Office of Workers’ Compensation Pro- Internet Availability of Proxy Materials’’ Budget Trading Program’’ (FRL No. 9116–8) grams, Department of Labor, transmitting, (RIN3235–AK25) received in the Office of the received in the Office of the President of the pursuant to law, the report of a rule entitled President of the Senate on February 24, 2010; Senate on February 24, 2010; to the Com- ‘‘Claims for Compensation; Death Gratuity to the Committee on Banking, Housing, and mittee on Environment and Public Works. Under the Federal Employees’ Compensation EC–4848. A communication from the Urban Affairs. Act’’ (RIN1215–AB66) received in the Office of Branch Chief, Division of Migratory Bird EC–4840. A communication from the Dep- the President of the Senate on February 23, Management, Fish and Wildlife Services, De- uty Assistant Secretary for Export Adminis- 2010; to the Committee on Health, Education, partment of the Interior, transmitting, pur- tration, Bureau of Industry and Security, Labor, and Pensions. suant to law, the report of a rule entitled Department of Commerce, transmitting, pur- EC–4858. A communication from the Dep- ‘‘Migratory Bird Permits; Control of Mus- suant to law, the report of a rule entitled uty Director of Regulations and Policy Man- covy Ducks, Revisions to the Waterfowl Per- ‘‘Revisions to License Exception GOV to agement Staff, Food and Drug Administra- mit Exceptions and Waterfowl Sale and Dis- Provide Authorization for Exports and Reex- tion, Department of Health and Human Serv- posal Permits Regulations’’ (RIN1018–AV34) ports of Commodities for Use on the Inter- ices, transmitting, pursuant to law, the re- received in the Office of the President of the national Space Station (ISS)’’ (RIN0694– port of a rule entitled ‘‘Listing of Color Ad- Senate on February 23, 2010; to the Com- AE52) received in the Office of the President ditives Exempt From Certification; mittee on Environment and Public Works. of the Senate on February 23, 2010; to the EC–4849. A communication from the Astaxanthin Dimethyldisuccinate; Confirma- Committee on Banking, Housing, and Urban Branch Chief, Division of Migratory Bird tion of Effective Date’’ (Docket No. FDA– Affairs. Management, Fish and Wildlife Services, De- 2007–C–0044) received in the Office of the EC–4841. A communication from the Sec- partment of the Interior, transmitting, pur- President of the Senate on February 24, 2010; retary, Federal Energy Regulatory Commis- suant to law, the report of a rule entitled to the Committee on Health, Education, sion, transmitting, pursuant to law, a report ‘‘General Provisions; Revised List of Migra- Labor, and Pensions. relative to an order granting rehearing for tory Birds’’ (RIN1018–AB72) received in the EC–4859. A communication from the Chair- further consideration; to the Committee on Office of the President of the Senate on Feb- man of the Council of the District of Colum- Energy and Natural Resources. ruary 23, 2010; to the Committee on Environ- bia, transmitting, pursuant to law, a report EC–4842. A communication from the Acting ment and Public Works. on D.C. Act 18–294, ‘‘Arthur Capper/ Director of Human Resources, Office of Ad- EC–4850. A communication from the Carrollsburg Public Improvements Revenue ministration and Resources Management, Branch Chief, Division of Migratory Bird Bonds Amendment Act of 2010’’; to the Com- Environmental Protection Agency, transmit- Management, Fish and Wildlife Services, De- mittee on Homeland Security and Govern- ting, pursuant to law, (3) three reports rel- partment of the Interior, transmitting, pur- mental Affairs. ative to vacancies in the Environmental Pro- suant to law, the report of a rule entitled EC–4860. A communication from the Board tection Agency, received in the Office of the ‘‘Migratory Bird Permits; Control of Purple Members, Railroad Retirement Board, trans- President of the Senate on February 24, 2010; Swamphens’’ (RIN1018–AV33) received in the mitting, pursuant to law, an annual report to the Committee on Environment and Pub- Office of the President of the Senate on Feb- relative to the Board’s compliance with the lic Works. ruary 23, 2010; to the Committee on Environ- Sunshine Act during calendar year 2009; to EC–4843. A communication from the Direc- ment and Public Works. the Committee on Homeland Security and tor of the Regulatory Management Division, EC–4851. A communication from the Governmental Affairs. Office of Policy, Economics, and Innovation, Branch Chief, Division of Migratory Bird EC–4861. A communication from the Chief Environmental Protection Agency, transmit- Management, Fish and Wildlife Services, De- of Research and Analysis, Food and Nutri- ting, pursuant to law, the report of a rule en- partment of the Interior, transmitting, pur- tion Services, Department of Agriculture, titled ‘‘Regulation of Fuels and Fuel Addi- suant to law, the report of a rule entitled transmitting, pursuant to law, the report of tives: Federal Volatility Control Program in ‘‘Migratory Bird Permits; States Delegated a rule entitled ‘‘Food Distribution Program the Denver-Boulder-Greeley-Ft. Collins- Falconry Permitting Authority’’ (RIN1018– on Indian Reservations: Resource Limits and Loveland, Colorado, 1997 8-Hour Ozone Non- AW98) received in the Office of the President Exclusions, and Extended Certification Peri- attainment Area’’ (FRL No. 9119–3) received of the Senate on February 23, 2010; to the ods’’ (RIN0584–AD12) received in the Office of in the Office of the President of the Senate Committee on Environment and Public the President of the Senate on February 24, on February 24, 2010; to the Committee on Works. 2010; to the Committee on Indian Affairs. Environment and Public Works. EC–4852. A communication from the Chief EC–4862. A communication from the Assist- EC–4844. A communication from the Direc- of the Publications and Regulations Branch, ant Secretary of the Employment and Train- tor of the Regulatory Management Division, Internal Revenue Service, Department of the ing Administration, Department of Labor, Office of Policy, Economics, and Innovation, Treasury, transmitting, pursuant to law, the transmitting, pursuant to law, the report of Environmental Protection Agency, transmit- report of a rule entitled ‘‘2010 Automobile In- a rule entitled ‘‘Temporary Agricultural Em- ting, pursuant to law, the report of a rule en- flation Adjustments’’ (Rev. Proc. 2010–18) re- ployment of H–2A Aliens in the United titled ‘‘Effluent Limitations Guidelines and ceived in the Office of the President of the States’’ (RIN1205–AB55) received in the Office Standards for the Construction and Develop- Senate on February 23, 2010; to the Com- of the President of the Senate on February ment Point Source Category; Correction’’ mittee on Finance. 25, 2010; to the Committee on the Judiciary. (FRL No. 9118–7) received in the Office of the EC–4853. A communication from the Sec- EC–4863. A communication from the Dep- President of the Senate on February 24, 2010; retary of Health and Human Services, trans- uty Assistant Administrator of Diversion

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S944 CONGRESSIONAL RECORD — SENATE March 2, 2010 Control, Drug Enforcement Administration, S. 721. A bill to expand the Alpine Lakes gin Islands National Park, and for other pur- Department of Justice, transmitting, pursu- Wilderness in the State of Washington, to poses (Rept. No. 111–146). ant to law, the report of a rule entitled designate the Middle Fork Snoqualmie River By Mr. BINGAMAN, from the Committee ‘‘Registration Requirements for Importers and Pratt River as wild and scenic rivers, on Energy and Natural Resources, without and Manufacturers of Prescription Drug and for other purposes (Rept. No. 111–132). amendment: Products Containing Ephedrine, Pseudo- S. 782. A bill to provide for the establish- H.R. 1121. A bill to authorize a land ex- ephedrine, or Phenylpropanolamine’’ (Dock- ment of the National Volcano Early Warning change to acquire lands for the Blue Ridge et Number DEA–294F) received in the Office and Monitoring System (Rept. No. 111–133). Parkway from the Town of Blowing Rock, of the President of the Senate on February By Mr. BINGAMAN, from the Committee North Carolina, and for other purposes 24, 2010; to the Committee on the Judiciary. on Energy and Natural Resources, with (Rept. No. 111–147). EC–4864. A communication from the Acting amendments: H.R. 1287. A bill to authorize the Secretary Director of Sustainable Fisheries, National S. 853. A bill to designate additional seg- of the Interior to enter into a partnership Marine Fisheries Service, Department of ments and tributaries of White Clay Creek, with the Porter County Convention, Recre- Commerce, transmitting, pursuant to law, in the States of Delaware and Pennsylvania, ation and Visitor Commission regarding the the report of a rule entitled ‘‘Western Pacific as a component of the National Wild and use of the Dorothy Buell Memorial Visitor Crustacean Fisheries; 2010 Northwestern Ha- Scenic Rivers System (Rept. No. 111–134). Center as a visitor center for the Indiana waiian Islands Lobster Harvest Guideline’’ By Mr. BINGAMAN, from the Committee Dunes National Lakeshore, and for other (RIN0648–XT33) received in the Office of the on Energy and Natural Resources, with an purposes (Rept. No. 111–148). President of the Senate on February 24, 2010; amendment in the nature of a substitute: H.R. 1376. To establish the Waco Mammoth to the Committee on Commerce, Science, S. 874. A bill to establish El Rio Grande Del National Monument in the State of Texas, and Transportation. Norte National Conservation Area in the and for other purposes (Rept. No. 111–149). EC–4865. A communication from the Acting State of New Mexico, and for other purposes H.R. 1442. A bill to provide for the sale of Director of Sustainable Fisheries, National (Rept. No. 111–135). the Federal Government’s reversionary in- Marine Fisheries Service, Department of S. 940. A bill to direct the Secretary of the terest in approximately 60 acres of land in Commerce, transmitting, pursuant to law, Interior to convey to the Nevada System of Salt Lake City, Utah, originally conveyed to the report of a rule entitled ‘‘Fisheries of the Higher Education certain Federal land lo- the Mount Olivet Cemetery Association Exclusive Economic Zone Off Alaska; Pacific cated in Clark and Nye counties, Nevada, under the Act of January 23, 1909 (Rept. No. Cod by Non-American Fisheries Act Crab and for other purposes (Rept. No. 111–136). 111–150). Vessels Catching Pacific Cod for Processing By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee by the Inshore Component in the Central on Energy and Natural Resources, without on Energy and Natural Resources, with an Regulatory Area of the Gulf of Alaska’’ amendment: amendment: (RIN0648–XT96) received in the Office of the S. 1053. A bill to amend the National Law H.R. 1593. A bill to amend the Wild and President of the Senate on February 24, 2010; Enforcement Museum Act to extend the ter- Scenic Rivers Act to designate a segment of to the Committee on Commerce, Science, mination date (Rept. No. 111–137). Illabot Creek in Skagit County, Washington, and Transportation. By Mr. BINGAMAN, from the Committee as a component of the National Wild and EC–4866. A communication from the Direc- on Energy and Natural Resources, with an Scenic Rivers System (Rept. No. 111–151). tor, Census Bureau, Department of Com- amendment in the nature of a substitute: By Mr. BINGAMAN, from the Committee merce, transmitting, pursuant to law, the re- S. 1139. A bill to require the Secretary of on Energy and Natural Resources, with port of a rule entitled ‘‘Foreign Trade Regu- Agriculture to enter into a property convey- amendments: lations (FTR): Eliminate the Social Security ance with the city of Wallowa, Oregon, and H.R. 1694. A bill to authorize the acquisi- Number (SSN) as an Identification Number for other purposes (Rept. No. 111–138). tion and protection of nationally significant in the Automated Export System (AES)’’ S. 1140. A bill to direct the Secretary of the battlefields and associated sites of the Revo- (RIN0607–AA48) received in the Office of the Interior to convey certain Federal land to lutionary War and the War of 1812 under the President of the Senate on February 24, 2010; Deschutes County, Oregon (Rept. No. 111– American Battlefield Protection Program to the Committee on Commerce, Science, 139). (Rept. No. 111–152). and Transportation. By Mr. BINGAMAN, from the Committee By Mr. BINGAMAN, from the Committee EC–4867. A communication from the Assist- on Energy and Natural Resources, with an on Energy and Natural Resources, without ant General Counsel for Regulatory Affairs, amendment: amendment: Consumer Product Safety Commission, S. 1369. A bill to amend the Wild and Sce- H.R. 1945. A bill to require the Secretary of transmitting, pursuant to law, the report of nic Rivers Act to designate segments of the the Interior to conduct a study on the feasi- a rule entitled ‘‘Children’s Products Con- Molalla River in the State of Oregon, as bility and suitability of constructing a stor- taining Lead; Exemptions for Certain Elec- components of the National Wild and Scenic age reservoir, outlet works, and a delivery tronic Devices’’ (16 CFR Part 1500) received Rivers System, and for other purposes (Rept. system for the Tule River Indian Tribe of the in the Office of the President of the Senate No. 111–140). Tule River Reservation in the State of Cali- on February 23, 2010; to the Committee on By Mr. BINGAMAN, from the Committee fornia to provide a water supply for domes- Commerce, Science, and Transportation. on Energy and Natural Resources, without tic, municipal, industrial, and agricultural amendment: f purposes, and for other purposes (Rept. No. S. 1405. A bill to redesignate the Long- 111–153). REPORTS OF COMMITTEES fellow National Historic Site, Massachusetts, By Mr. BINGAMAN, from the Committee as the ‘‘Longfellow House-Washington’s on Energy and Natural Resources, with an The following reports of committees Headquarters National Historic Site’’ (Rept. were submitted: amendment in the nature of a substitute: No. 111–141). H.R. 2330. A bill to direct the Secretary of By Mr. BINGAMAN, from the Committee S. 1453. A bill to amend Public Law 106–392 the Interior to carry out a study to deter- on Energy and Natural Resources, with an to maintain annual base funding for the Bu- mine the suitability and feasibility of estab- amendment in the nature of a substitute: reau of Reclamation for the Upper Colorado lishing Camp Hale as a unit of the National S. 409. A bill to secure Federal ownership River and San Juan fish recovery programs Park System (Rept. No. 111–154). and management of significant natural, sce- through fiscal year 2023 (Rept. No. 111–142). By Mr. BINGAMAN, from the Committee nic, and recreational resources, to provide S. 1757. A bill to provide for the prepay- on Energy and Natural Resources, without for the protection of cultural resources, to ment of a repayment contract between the amendment: facilitate the efficient extraction of mineral United States and the Uintah Water Conser- H.R. 2802. A bill to provide for an extension resources by authorizing and directing an ex- vancy District, and for other purposes (Rept. of the legislative authority of the Adams Me- change of Federal and non-Federal land, and No. 111–143). morial Foundation to establish a commemo- for other purposes (Rept. No. 111–129). By Mr. BINGAMAN, from the Committee rative work in honor of former President S. 522. A bill to resolve the claims of the on Energy and Natural Resources, with an John Adams and his legacy, and for other Bering Straits Native Corporation and the amendment in the nature of a substitute: purposes (Rept. No. 111–155). State of Alaska to land adjacent to Salmon S. 1759. A bill to authorize certain trans- H.R. 3113. A bill to amend the Wild and Lake in the State of Alaska and to provide fers of water in the Central Valley Project, Scenic Rivers Act to designate a segment of for the conveyance to the Bering Straits Na- and for other purposes (Rept. No. 111–144). the Elk River in the State of West Virginia tive Corporation of certain other public land H.R. 689. A bill to interchange the adminis- for study for potential addition to the Na- in partial satisfaction of the land entitle- trative jurisdiction of certain Federal lands tional Wild and Scenic Rivers System, and ment of the Corporation under the Alaska between the Forest Service and the Bureau for other purposes (Rept. No. 111–156). Native Claims Settlement Act (Rept. No. of Land Management, and for other purposes 111–130). (Rept. No. 111–145). f S. 555. A bill to provide for the exchange of By Mr. BINGAMAN, from the Committee INTRODUCTION OF BILLS AND certain land located in the Arapaho-Roo- on Energy and Natural Resources, with JOINT RESOLUTIONS sevelt National Forests in the State of Colo- amendments: rado, and for other purposes (Rept. No. 111– H.R. 714. A bill to authorize the Secretary The following bills and joint resolu- 131). of the Interior to lease certain lands in Vir- tions were introduced, read the first

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S945 and second times by unanimous con- Senate elections, and for other pur- 2947, a bill to amend the Internal Rev- sent, and referred as indicated: poses. enue Code of 1986 to classify automatic By Mr. WYDEN (for himself, Ms. CANT- S. 1111 fire sprinkler systems as 5-year prop- WELL, Ms. MIKULSKI, Mr. CARDIN, Mr. At the request of Mr. ROCKEFELLER, erty for purposes of depreciation. DODD, and Mr. MERKLEY): the name of the Senator from New Jer- S. 2979 S. 3056. A bill to amend the Energy Policy sey (Mr. MENENDEZ) was added as a co- At the request of Mr. LEAHY, the Act of 2005 to repeal a section of that Act re- sponsor of S. 1111, a bill to require the lating to exportation and importation of nat- name of the Senator from West Vir- ural gas; to the Committee on Energy and Secretary of Health and Human Serv- ginia (Mr. BYRD) was added as a co- Natural Resources. ices to enter into agreements with sponsor of S. 2979, a bill to amend title By Mrs. BOXER: States to resolve outstanding claims 18, United States Code, to provide ac- S. 3057. A bill to provide to the Secretary for reimbursement under the Medicare countability for the criminal acts of of Interior a mechanism to cancel contracts program relating to the Special Dis- Federal contractors and employees for the sale of materials CA–20139 and CA– ability Workload project. outside the United States, and for 22901, and for other purposes; to the Com- S. 1222 other purposes. mittee on Energy and Natural Resources. At the request of Mrs. LINCOLN, the By Mr. DORGAN (for himself, Ms. COL- S. 2994 LINS, Mr. BAUCUS, Mr. INOUYE, Mrs. name of the Senator from Maine (Ms. At the request of Mrs. BOXER, the LINCOLN, Mr. HATCH, Ms. STABENOW, COLLINS) was added as a cosponsor of S. name of the Senator from Arkansas Mr. SCHUMER, Mr. DURBIN, Mr. 1222, a bill to amend the Internal Rev- (Mrs. LINCOLN) was added as a cospon- BUNNING, Mr. COCHRAN, Mr. CRAPO, enue Code of 1986 to extend and expand sor of S. 2994, a bill to amend the Inter- Mr. GRASSLEY, Mr. JOHANNS, Ms. the benefits for businesses operating in nal Revenue Code of 1986 to impose an MURKOWSKI, Mrs. SHAHEEN, Mr. WAR- empowerment zones, enterprise com- excise tax on excessive 2009 bonuses re- NER, Mr. BARRASSO, and Mr. BINGA- munities, or renewal communities, and MAN): ceived from certain major recipients of S. 3058. A bill to amend the Public Health for other purposes. Federal emergency economic assist- Service Act to reauthorize the special diabe- S. 1255 ance, to limit the deduction allowable tes programs for Type I diabetes and Indians At the request of Mr. SCHUMER, the for such bonuses, and for other pur- under that Act; to the Committee on Health, name of the Senator from North Caro- poses. Education, Labor, and Pensions. lina (Mr. BURR) was added as a cospon- S. RES. 404 By Mr. BINGAMAN (for himself, Ms. sor of S. 1255, a bill to amend the Mag- At the request of Mr. FEINGOLD, the MURKOWSKI, and Mr. MENENDEZ): nuson-Stevens Fishery Conservation names of the Senator from Illinois (Mr. S. 3059. A bill to improve energy efficiency and Management Act to extend the au- of appliances, lighting, and buildings, and for BURRIS) and the Senator from Illinois other purposes; to the Committee on Energy thorized time period for rebuilding of (Mr. DURBIN) were added as cosponsors and Natural Resources. certain overfished fisheries, and for of S. Res. 404, a resolution supporting f other purposes. full implementation of the Comprehen- S. 1583 sive Peace Agreement and other efforts SUBMISSION OF CONCURRENT AND At the request of Mr. ROCKEFELLER, to promote peace and stability in SENATE RESOLUTIONS the name of the Senator from Arkansas Sudan, and for other purposes. The following concurrent resolutions (Mrs. LINCOLN) was added as a cospon- AMENDMENT NO. 3338 and Senate resolutions were read, and sor of S. 1583, a bill to amend the Inter- At the request of Mr. THUNE, the referred (or acted upon), as indicated: nal Revenue Code of 1986 to extend the name of the Senator from Wyoming new markets tax credit through 2014, By Mr. MCCONNELL: (Mr. ENZI) was added as a cosponsor of S. Res. 429. A resolution making minority and for other purposes. amendment No. 3338 proposed to H.R. party appointments for certain committees S. 2805 for the 111th Congress; considered and agreed 4213, a bill to amend the Internal Rev- At the request of Mr. SPECTER, the enue Code of 1986 to extend certain ex- to. name of the Senator from New York By Mr. CHAMBLISS: piring provisions, and for other pur- S. Con. Res. 52. A concurrent resolution ex- (Mrs. GILLIBRAND) was added as a co- poses. sponsor of S. 2805, a bill to amend the pressing support for the designation of AMENDMENT NO. 3342 Food and Nutrition Act of 2008 to in- March 20 as a National Day of Recognition At the request of Mr. WEBB, the name crease the amount made available to for Long-Term Care Physicians; to the Com- of the Senator from Arkansas (Mrs. mittee on the Judiciary. purchase commodities for the emer- LINCOLN) was added as a cosponsor of gency food assistance program in fiscal f amendment No. 3342 intended to be pro- year 2010. ADDITIONAL COSPONSORS posed to H.R. 4213, a bill to amend the S. 2858 S. 557 Internal Revenue Code of 1986 to extend At the request of Mrs. BOXER, the certain expiring provisions, and for At the request of Mr. KOHL, the name name of the Senator from California other purposes. of the Senator from Arkansas (Mrs. (Mrs. FEINSTEIN) was added as a co- LINCOLN) was added as a cosponsor of S. sponsor of S. 2858, a bill to amend the f 557, a bill to encourage, enhance, and Public Health Service Act to establish STATEMENTS ON INTRODUCED integrate Silver Alert plans through- an Office of Mitochondrial Disease at BILLS AND JOINT RESOLUTIONS out the United States, to authorize the National Institutes of Health, and By Mr. WYDEN (for himself, Ms. grants for the assistance of organiza- for other purposes. CANTWELL, Ms. MIKULSKI, Mr. tions to find missing adults, and for S. 2878 CARDIN, Mr. DODD, and Mr. other purposes. At the request of Mrs. GILLIBRAND, MERKLEY): S. 704 the name of the Senator from New S. 3056. A bill to amend the Energy At the request of Mr. HARKIN, the York (Mr. SCHUMER) was added as a co- Policy Act of 2005 to repeal a section of name of the Senator from Hawaii (Mr. sponsor of S. 2878, a bill to prevent gun that Act relating to exportation and INOUYE) was added as a cosponsor of S. trafficking in the United States. importation of natural gas; to the 704, a bill to direct the Comptroller S. 2924 Committee on Energy and Natural Re- General of the United States to con- At the request of Mr. LEAHY, the sources. duct a study on the use of Civil Air Pa- name of the Senator from Arkansas Mr. WYDEN. Mr. President, along trol personnel and resources to support (Mrs. LINCOLN) was added as a cospon- with Senators CANTWELL, MIKULSKI, homeland security missions, and for sor of S. 2924, a bill to reauthorize the CARDIN, DODD, and MERKLEY, I am re- other purposes. Boys & Girls Clubs of America, in the introducing legislation that will repeal S. 752 wake of its Centennial, and its pro- the authority granted to the Federal At the request of Mr. DURBIN, the grams and activities. Energy Regulatory Commission, FERC, name of the Senator from Indiana (Mr. S. 2947 in the Energy Policy Act of 2005 to site BAYH) was added as a cosponsor of S. At the request of Mr. SPECTER, his Liquified Natural Gas, LNG, terminals. 752, a bill to reform the financing of name was added as a cosponsor of S. Prior to enactment of these changes,

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S946 CONGRESSIONAL RECORD — SENATE March 2, 2010 States, such as Oregon, had authority There being no objection, the text of measure and look forward to working to site these large energy facilities—a the bill was ordered to be printed in with my colleagues in the Senate to se- right that was preempted by the 2005 the RECORD, as follows: cure its passage. act. At the time, 45 Senators went on S. 3056 By Mr. BINGAMAN (for himself, record saying that cutting State siting Be it enacted by the Senate and House of Rep- agencies out of the LNG siting process resentatives of the United States of America in Ms. MURKOWSKI, and Mr. was a bad idea. Congress assembled, MENENDEZ): As citizens and their public officials SECTION 1. EXPORTATION OR IMPORTATION OF S. 3059. A bill to improve energy effi- in my State and those of my colleagues NATURAL GAS. ciency of appliances, lighting, and can attest, putting FERC in the driv- (a) IN GENERAL.—Section 311 of the Energy buildings, and for other purposes; to er’s seat for LNG siting has been a co- Policy Act of 2005 (Public Law 109–58; 119 the Committee on Energy and Natural lossal mistake. Rather than address Stat. 685) is repealed. Resources. (b) APPLICATION.—The Natural Gas Act (15 Mr. BINGAMAN. Mr. President, I am the critical environmental and eco- U.S.C. 717 et seq.) shall be applied and ad- nomic questions of whether these pleased to join with the Ranking Mem- ministered as if section 311 of the Energy ber of the Committee on Energy and large, potentially dangerous natural Policy Act of 2005 (and the amendments Natural Resources, LISA MURKOWSKI, in gas storage facilities are even needed made by the section) had not been enacted. introducing the National Energy Effi- or whether energy supplies could be ciency Enhancement Act of 2010. This provided with less environmental im- By Mrs. BOXER: legislation would implement several pact and risk, FERC has taken the at- S. 3057. A bill to provide to the Sec- agreements that have been negotiated titude that it’s not its job to make retary of the Interior a mechanism to between appliance manufacturers and such decisions. The result is the worst cancel contracts for the sale of mate- energy efficiency advocates to increase of all possible public policy worlds rials CA–20139 and CA–22901, and for national energy efficiency standards where FERC refuses to address the other purposes; to the Committee on Energy and Natural Resources. for a range of commercial products, tough questions and the law limits the strengthen our economy, create jobs, ability of our States to step where Mrs. BOXER. Mr. President, I am pleased to introduce the Soledad Can- and reduce carbon dioxide emissions. FERC fails. The major energy consuming prod- Right now, in Oregon, we have three yon High Desert, California Public Lands Conservation and Management ucts that would have standards estab- separate LNG projects. Two of those lished or enhanced by this legislation have been approved by FERC over the Act of 2010. This bill would resolve a twenty-year-old mining dispute be- include furnaces, air conditioners, objections of citizens and State offi- street lights, and external power sup- cials and one is still pending. Together, tween the City of Santa Clarita and CEMEX USA, and have numerous other plies. The bill would also modify the they would have a combined capacity Secretary of Energy’s authority re- benefits for communities in Los Ange- of 3.3 billion cubic feet, BCF, of gas per garding administration of the program. les and San Bernardino Counties, CA. day. Yet, the States of Oregon and For example, there would be changes to In 1990, the Bureau of Land Manage- Washington, together, only use 1.33 the criteria used by the Secretary ment awarded CEMEX two 10-year con- BCF per day. Natural gas prices in when determining where to set a stand- secutive contracts to extract 56 million North America have significantly de- ard, so as to include consideration of tons of sand and gravel from a site in clined and supplies have increased the impact of a proposed standard on Soledad Canyon. The City of Santa since these projects were proposed. average energy prices and the impacts Clarita strongly opposed CEMEX’s ex- Yet, FERC categorically refuses to ad- of smart grid technology. A more de- pansion of mining in this area. After 2 dress the basic question of whether the tailed description section-by-section decades of conflict and nearly a decade three proposed facilities are even need- summary of the bill is included at the of litigation, the two parties an- ed to serve our market. FERC also re- end of these remarks. fuses to consider whether any of the nounced a truce in early 2007, and Representatives from the energy effi- competing interstate pipeline pro- started working out an agreement. ciency community, such as the Amer- posals to bring natural gas to Oregon This legislation would implement the ican Council for an Energy Efficient from the Rocky Mountains would be a terms of that agreement. It would re- Economy, ACEEE, the Alliance to Save better option. In fact, FERC asserts quire the Secretary of the Interior to Energy, and the National Resources that it is not its job to determine cancel CEMEX’s mining contracts in Defense Council, along with industry which, if any, of these proposals best Soledad Canyon and prohibit future representatives from the National serves our market. mining at this site. The BLM would Electric Manufacturers Association, While the new chairman of FERC— sell lands near Victorville, CA, that are the Air Conditioning, Heating and Re- Jon Wellinghoff—has been willing to currently on its disposal list, and frigeration Institute, and the Associa- vote against LNG siting proposals, the would use the proceeds to compensate tion of Home Appliance Manufacturers truth is that FERC continues to plow CEMEX for the cancellation of its min- and others, have done a commendable ahead with siting decisions that make ing contracts. The City of Victorville job in working through very difficult no economic sense and which endanger and County of San Bernardino would and technical issues to develop this re- forest lands, farms, vineyards, and resi- have the right of first refusal to pur- markable consensus legislation. Their dential neighborhoods. Given FERC’s chase many of these parcels, which successes were set forth in several record, my colleagues and I believe would help satisfy their future develop- agreements that have been included in that it is essential that Congress re- ment needs. Some of these funds would this bill. It is a testament to what can store the local and State role in these also go towards the purchase of envi- be achieved for the nation when inter- critical decisions about where, and ronmentally-sensitive lands in South- ests groups work together with a com- even whether, LNG facilities and the ern California. mitment to the common good. pipelines that connect them are to be My legislation would settle a twenty- The savings from these new stand- built. year-old dispute to all parties’ satisfac- ards, if enacted, are estimated at 258 The legislative language is identical tion, complement future development trillion Btu in 2020, and 677 trillion Btu to the bill I introduced in the last Con- plans in Southern California, help se- in 2030. In addition, greenhouse gas gress—S. 2822—and which garnered the cure important lands for conservation, emissions are estimated to be reduced support of a number of my colleagues and do all of this without any cost to by 14.6 million metric tons of CO2 in including then-Senator Barack Obama. taxpayers. That is why it has already 2020, and 39 million metric tons in 2030. That bill was needed then, and it is won the support of a diverse group of Other benefits of increased efficiency needed now. I am going to be calling on interests, including the City of Santa include consumer savings due to lower the President for his help in fixing this Clarita, CEMEX, the Santa Monica energy costs and new jobs created by serious mistake. Mountains Conservancy, and the Sierra the use of consumer savings for other Mr. President, I ask unanimous con- Club. purchases and investments. sent that the text of the bill be printed I have worked with Representative This legislation demonstrates the in the RECORD. BUCK MCKEON in introducing this continuing commitment of the Energy

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S947 Committee to build on the bipartisan and Conservation Act (42 U.S.C. 6291) is January 1, 2015, shall not be less than the fol- bill it reported last June—the Amer- amended— lowing: ican Clean Energy Leadership Act of (1) by striking paragraph (6) and inserting ‘‘(I) Split Systems: 13 for central air condi- 2009, or ACELA. Title II of ACELA di- the following: tioners and 14 for heat pumps. ‘‘(6) ENERGY CONSERVATION STANDARD.— rects the Energy Department to estab- ‘‘(II) Single Package Systems: 14. ‘‘(A) IN GENERAL.—The term ‘energy con- ‘‘(ii) HEATING SEASONAL PERFORMANCE FAC- lish new energy efficiency standards servation standard’ means 1 or more per- TOR.—The heating seasonal performance fac- for portable lamps and commercial fur- formance standards that— tor of central air conditioning heat pumps naces and would yield estimated en- ‘‘(i) for covered products (excluding clothes manufactured on or after January 1, 2015, ergy savings in 2030 of 551 trillion Btu, washers, dishwashers, showerheads, faucets, shall not be less than the following: and carbon dioxide emission reductions water closets, and urinals), prescribe a min- ‘‘(I) Split Systems: 8.2. of 31.3 million metric tons. Combined, imum level of energy efficiency or a max- ‘‘(II) Single Package Systems: 8.0. the savings from these two bills would imum quantity of energy use, determined in ‘‘(B) REGIONAL STANDARDS.— accordance with test procedures prescribed be 1228 trillion Btu and 70 million met- ‘‘(i) SEASONAL ENERGY EFFICIENCY RATIO.— under section 323; ric tons in 2030. Note: all estimates by The seasonal energy efficiency ratio of cen- ‘‘(ii) for showerheads, faucets, water clos- tral air conditioners and central air condi- the American Council for an Energy ets, and urinals, prescribe a minimum level Efficient Economy. tioning heat pumps manufactured on or after of water efficiency or a maximum quantity January 1, 2015, and installed in States hav- The energy efficiency provisions of of water use, determined in accordance with ing historical average annual, population ACELA when combined with this new test procedures prescribed under section 323; weighted, heating degree days less than 5,000 and legislation would substantially en- (specifically the States of Alabama, Arizona, ‘‘(iii) for clothes washers and dish- hance one of the most powerful and Arkansas, California, Delaware, Florida, washers— cost-effective tools the Federal Gov- Georgia, Hawaii, Kentucky, Louisiana, ‘‘(I) prescribe a minimum level of energy ernment has to strengthen our eco- Maryland, Mississippi, Nevada, New Mexico, efficiency or a maximum quantity of energy nomic and energy security. use, determined in accordance with test pro- North Carolina, Oklahoma, South Carolina, The appliance standards program has cedures prescribed under section 323; and Tennessee, Texas, and Virginia) or in the been saving energy and money for fam- ‘‘(II) may include a minimum level of District of Columbia, the Commonwealth of ilies, businesses, and government con- water efficiency or a maximum quantity of Puerto Rico, or any other territory or pos- sumers for more than 20 years. DOE water use, determined in accordance with session of the United States shall not be less currently administers standards for 35 those test procedures. than the following: ‘‘(I) Split Systems: 14 for central air condi- products, and the American Council for ‘‘(B) INCLUSIONS.—The term ‘energy con- tioners and 14 for heat pumps. an Energy Efficient Economy esti- servation standard’ includes— ‘‘(i) 1 or more design requirements, if the ‘‘(II) Single Package Systems: 14. mates cumulative program savings of ‘‘(ii) ENERGY EFFICIENCY RATIO.—The en- 5.1 Quadrillion Btu through 2010. The requirements were established— ‘‘(I) on or before the date of enactment of ergy efficiency ratio of central air condi- ACEEE projects another 3 Quadrillion this subclause; tioners (not including heat pumps) manufac- Btu of savings from current standards ‘‘(II) as part of a direct final rule under tured on or after January 1, 2015, and in- by 2020. section 325(p)(4); or stalled in the State of Arizona, California, This program’s savings in electricity ‘‘(III) as part of a final rule pub1lished on New Mexico, or Nevada shall be not less than are the most significant, with an esti- or after January 1, 2012; and the following: mated reduction of nearly 16 percent in ‘‘(ii) any other requirements that the Sec- ‘‘(I) Split Systems: 12.2 for split systems national electricity use by 2020 below retary may prescribe under section 325(r). having a rated cooling capacity less than ‘‘(C) EXCLUSION.—The term ‘energy con- 45,000 BTU per hour and 11.7 for products what would have been used without the having a rated cooling capacity equal to or program. servation standard’ does not include a per- formance standard for a component of a fin- greater than 45,000 BTU per hour. Greater energy efficiency strength- ‘‘(II) Single Package Systems: 11.0. ens our economy, enhances our secu- ished covered product, unless regulation of the component is specifically authorized or ‘‘(iii) APPLICATION OF SUBSECTION (O)(6).— rity, saves consumers money, creates established pursuant to this title.’’; and Subsection (o)(6) shall apply to the regional jobs, and reduces greenhouse gas pollu- (2) by adding at the end the following: standards set forth in this subparagraph. tion. No single program or policy is ‘‘(66) EER.—The term ‘EER’ means energy ‘‘(C) AMENDMENT OF STANDARDS.— going to completely end our nation’s efficiency ratio. ‘‘(i) IN GENERAL.—Not later than January 1, waste of energy or its carbon emis- ‘‘(67) HSPF.—The term ‘HSPF’ means 2017, the Secretary shall publish a final rule heating seasonal performance factor.’’. to determine whether the standards in effect sions, but increased energy efficiency for central air conditioners and central air through cost-effective energy stand- (b) EER AND HSPF TEST PROCEDURES.— Section 323(b) of the Energy Policy and Con- conditioning heat pumps should be amended. ards for appliances and consumer prod- servation Act (42 U.S.C. 6293(b)) is amended ‘‘(ii) APPLICATION.—The rule shall provide ucts remains the single most-powerful by adding at the end the following: that any amendments shall apply to prod- tools for meeting these goals. ‘‘(19) EER AND HSPF TEST PROCEDURES.— ucts manufactured on or after January 1, I look forward to working with my ‘‘(A) IN GENERAL.—Subject to subparagraph 2022. colleagues in the Energy Committee, (B), for purposes of residential central air ‘‘(D) CONSIDERATION OF ADDITIONAL PER- in the Congress, and in the Administra- conditioner and heat pump standards that FORMANCE STANDARDS OR EFFICIENCY CRI- tion to enact the National Energy Effi- take effect on or before January 1, 2015— TERIA.— ciency Enhancement Act of 2010. It ‘‘(i) the EER shall be tested at an outdoor ‘‘(i) FORUM.—Not later than 4 years in ad- test temperature of 95 degrees Fahrenheit; vance of the expected publication date of a would be a major enhancement to the final rule for central air conditioners and energy savings anticipated from and ‘‘(ii) the HSPF shall be calculated based on heat pumps under subparagraph (C), the Sec- ACELA—more than doubling the sav- Region IV conditions. retary shall convene and facilitate a forum ings—and both bills should be a part of ‘‘(B) REVISIONS.—The Secretary may revise for interested persons that are fairly rep- any comprehensive national energy the EER outdoor test temperature and the resentative of relevant points of view (in- legislation. conditions for HSPF calculations as part of cluding representatives of manufacturers of Mr. President, I ask unanimous con- any rulemaking to revise the central air con- the covered product, States, and efficiency sent that the text of the bill and a bill ditioner and heat pump test method.’’. advocates), as determined by the Secretary, summary be printed in the RECORD. (c) CENTRAL AIR CONDITIONERS AND HEAT to consider adding additional performance There being no objection, the mate- PUMPS.—Section 325(d) of the Energy Policy standards or efficiency criteria in the forth- rial was ordered to be printed in the and Conservation Act (42 U.S.C. 6295(d)) is coming rule. amended by adding at the end the following: ‘‘(ii) RECOMMENDATION.—If, within 1 year of RECORD, as follows: ‘‘(4) CENTRAL AIR CONDITIONERS AND HEAT the initial convening of such a forum, the S. 3059 PUMPS (EXCEPT THROUGH-THE-WALL CENTRAL Secretary receives a recommendation sub- Be it enacted by the Senate and House of Rep- AIR CONDITIONERS, THROUGH-THE-WALL CEN- mitted jointly by such representative inter- resentatives of the United States of America in TRAL AIR CONDITIONING HEAT PUMPS, AND ested persons to add 1 or more performance Congress assembled, SMALL DUCT, HIGH VELOCITY SYSTEMS) MANU- standards or efficiency criteria, the Sec- SECTION 1. SHORT TITLE. FACTURED ON OR AFTER JANUARY 1, 2015.— retary shall incorporate the performance This Act may be cited as the ‘‘National En- ‘‘(A) BASE NATIONAL STANDARDS.— standards or efficiency criteria in the rule- ergy Efficiency Enhancement Act of 2010’’. ‘‘(i) SEASONAL ENERGY EFFICIENCY RATIO.— making process, and, if justified under the SEC. 2. ENERGY CONSERVATION STANDARDS. The seasonal energy efficiency ratio of cen- criteria established in this section, incor- (a) DEFINITION OF ENERGY CONSERVATION tral air conditioners and central air condi- porate such performance standards or effi- STANDARD.—Section 321 of the Energy Policy tioning heat pumps manufactured on or after ciency criteria in the revised standard.

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‘‘(iii) NO RECOMMENDATION.—If no such 6295(f)) is amended by adding at the end the ‘‘(ii) The level required by a regulation of joint recommendation is made within 1 year following: the State for which the Secretary has issued of the initial convening of such a forum, the ‘‘(5) NON-WEATHERIZED FURNACES (INCLUD- a rule granting a waiver under subsection Secretary may add additional performance ING MOBILE HOME FURNACES, BUT NOT INCLUD- (d). standards or efficiency criteria if the Sec- ING BOILERS) MANUFACTURED ON OR AFTER MAY ‘‘(C) If the energy consumption or con- retary finds that the benefits substantially 1, 2013, AND WEATHERIZED FURNACES MANUFAC- servation objective in the code is determined exceed the burdens of the action. TURED ON OR AFTER JANUARY 1, 2015.— using covered products, including any base- ‘‘(E) NEW CONSTRUCTION LEVELS.— ‘‘(A) BASE NATIONAL STANDARDS.— line building designs against which all sub- ‘‘(i) IN GENERAL.—As part of any final rule ‘‘(i) NON-WEATHERIZED FURNACES.—The an- mitted building designs are to be evaluated, concerning central air conditioner and heat nual fuel utilization efficiency of non-weath- the objective is based on the use of covered pump standards published after June 1, 2013, erized furnaces manufactured on or after products having efficiencies not exceeding— the Secretary shall determine if the building May 1, 2013, shall be not less than the fol- ‘‘(i) for residential furnaces, central air code levels specified in section 327(f)(3)(C) lowing: conditioners, and heat pumps, effective not should be amended subject to meeting the ‘‘(I) Gas furnaces: 80 percent. earlier than January 1, 2013 and until such criteria of subsection (o) when applied spe- ‘‘(II) Oil furnaces: 83 percent. time as a level takes effect for the product cifically to new construction. ‘‘(ii) WEATHERIZED FURNACES.—The annual under clause (ii)— ‘‘(ii) EFFECTIVE DATE.—Any amended levels fuel utilization efficiency of weatherized gas ‘‘(I) for the States described in section shall not take effect before January 1, 2018. furnaces manufactured on or after January 325(d)(5)(B)(i)— ‘‘(iii) AMENDED LEVELS.—The final rule 1, 2015 shall be not less than 81 percent. ‘‘(aa) 92 percent AFUE for gas furnaces; shall contain the amended levels, if any.’’. ‘‘(B) REGIONAL STANDARD.— and (d) THROUGH-THE-WALL CENTRAL AIR CONDI- ‘‘(i) ANNUAL FUEL UTILIZATION EFFI- ‘‘(bb) 14 SEER for central air conditioners TIONERS, THROUGH-THE-WALL CENTRAL AIR CIENCY.—The annual fuel utilization effi- (not including heat pumps); CONDITIONING HEAT PUMPS, AND SMALL DUCT, ciency of non-weatherized gas furnaces man- ‘‘(II) for the States and other localities de- HIGH VELOCITY SYSTEMS.—Section 325(d) of ufactured on or after May 1, 2013, and in- scribed in section 325(d)(4)(B)(i) (except for the Energy Policy and Conservation Act (42 stalled in States having historical average the States of Arizona, California, Nevada, U.S.C. 6295(d)) (as amended by subsection (c)) annual, population weighted, heating degree and New Mexico)— is amended by adding at the end the fol- days equal to or greater than 5000 (specifi- ‘‘(aa) 90 percent AFUE for gas furnaces; lowing: cally the States of Alaska, Colorado, Con- and ‘‘(5) STANDARDS FOR THROUGH-THE-WALL necticut, Idaho, Illinois, Indiana, Iowa, Kan- ‘‘(bb) 15 SEER for central air conditioners; CENTRAL AIR CONDITIONERS, THROUGH-THE- sas, Maine, Massachusetts, Michigan, Min- ‘‘(III) for the States of Arizona, California, WALL CENTRAL AIR CONDITIONING HEAT PUMPS, nesota, Missouri, Montana, Nebraska, New Nevada, and New Mexico— AND SMALL DUCT, HIGH VELOCITY SYSTEMS.— Hampshire, New Jersey, New York, North ‘‘(aa) 92 percent AFUE for gas furnaces; ‘‘(A) DEFINITIONS.—In this paragraph: Dakota, Ohio, Oregon, Pennsylvania, Rhode ‘‘(bb) 15 SEER for central air conditioners; ‘‘(i) SMALL DUCT, HIGH VELOCITY SYSTEM.— Island, South Dakota, Utah, Vermont, Wash- ‘‘(cc) an EER of 12.5 for air conditioners The term ‘small duct, high velocity system’ ington, West Virginia, Wisconsin, and Wyo- (not including heat pumps) with cooling ca- means a heating and cooling product that ming) shall be not less than 90 percent. pacity less than 45,000 Btu per hour; and contains a blower and indoor coil combina- ‘‘(ii) APPLICATION OF SUBSECTION (O)(6).— ‘‘(dd) an EER of 12.0 for air conditioners tion that— Subsection (o)(6) shall apply to the regional (not including heat pumps) with cooling ca- ‘‘(I) is designed for, and produces, at least standard set forth in this subparagraph. pacity of 45,000 Btu per hour or more; and 1.2 inches of external static pressure when ‘‘(C) AMENDMENT OF STANDARDS.— ‘‘(IV) for all States— operated at the certified air volume rate of ‘‘(i) NON-WEATHERIZED FURNACES.— ‘‘(aa) 85 percent AFUE for oil furnaces; and 220–350 CFM per rated ton of cooling; and ‘‘(I) IN GENERAL.—Not later than January ‘‘(bb) 15 SEER and 8.5 HSPF for heat ‘‘(II) when applied in the field, uses high 1, 2014, the Secretary shall publish a final pumps; velocity room outlets generally greater than rule to determine whether the standards in ‘‘(ii) the building code levels established 1,000 fpm that have less than 6.0 square effect for non-weatherized furnaces should be pursuant to section 325; or inches of free area. amended. ‘‘(iii) the applicable standards or levels ‘‘(ii) THROUGH-THE-WALL CENTRAL AIR CON- ‘‘(II) APPLICATION.—The rule shall provide specified in subparagraph (B). DITIONER; THROUGH-THE-WALL CENTRAL AIR that any amendments shall apply to prod- ‘‘(D) The credit to the energy consumption CONDITIONING HEAT PUMP.—The terms ucts manufactured on or after January 1, or conservation objective allowed by the ‘through-the-wall central air conditioner’ 2019. code for installing a covered product having and ‘through-the-wall central air condi- ‘‘(ii) WEATHERIZED FURNACES.— an energy efficiency exceeding the applicable tioning heat pump’ mean a central air condi- ‘‘(I) IN GENERAL.—Not later than January standard or level specified in subparagraph tioner or heat pump, respectively, that is de- 1, 2017, the Secretary shall publish a final (C) is on a 1-for-1 equivalent energy use or signed to be installed totally or partially rule to determine whether the standard in ef- equivalent energy cost basis, which may within a fixed-size opening in an exterior fect for weatherized furnaces should be take into account the typical lifetimes of wall, and— amended. the products and building features, using ‘‘(I) is not weatherized; ‘‘(II) APPLICATION.—The rule shall provide lifetimes for covered products based on infor- ‘‘(II) is clearly and permanently marked that any amendments shall apply to prod- mation published by the Department of En- for installation only through an exterior ucts manufactured on or after January 1, ergy or the American Society of Heating, Re- wall; 2022. frigerating and Air-Conditioning Engineers. ‘‘(III) has a rated cooling capacity no ‘‘(D) NEW CONSTRUCTION LEVELS.— ‘‘(E) If the code sets forth 1 or more com- greater than 30,000 Btu/hr; ‘‘(i) IN GENERAL.—As part of any final rule binations of items that meet the energy con- ‘‘(IV) exchanges all of its outdoor air concerning furnace standards published after sumption or conservation objective, and if 1 across a single surface of the equipment cab- June 1, 2013, the Secretary shall determine if or more combinations specify an efficiency inet; and the building code levels specified in section level for a covered product that exceeds the ‘‘(V) has a combined outdoor air exchange 327(f)(3)(C) should be amended subject to applicable standards and levels specified in area of less than 800 square inches (split sys- meeting the criteria of subsection (o) when subparagraph (B)— tems) or less than 1,210 square inches (single applied specifically to new construction. ‘‘(i) there is at least 1 combination that in- packaged systems) as measured on the sur- ‘‘(ii) EFFECTIVE DATE.—Any amended levels cludes such covered products having effi- face area described in subclause (IV). shall not take effect before January 1, 2018. ciencies not exceeding 1 of the standards or ‘‘(iii) REVISION.—The Secretary may revise ‘‘(iii) AMENDED LEVELS.—The final rule levels specified in subparagraph (B); and the definitions contained in this subpara- shall contain the amended levels, if any.’’. ‘‘(ii) if 1 or more combinations of items graph through publication of a final rule. (f) EXCEPTION FOR CERTAIN BUILDING CODE specify an efficiency level for a furnace, cen- ‘‘(B) RULEMAKING.— REQUIREMENTS.—Section 327(f) of the Energy tral air conditioner, or heat pump that ex- ‘‘(i) IN GENERAL.—Not later than June 30, Policy and Conservation Act (42 U.S.C. ceeds the applicable standards and levels 2011, the Secretary shall publish a final rule 6297(f)) is amended— specified in subparagraph (B), there is at to determine whether standards for through- (1) in paragraph (3), by striking subpara- least 1 combination that the State has found the-wall central air conditioners, through- graphs (B) through (F) and inserting the fol- to be reasonably achievable using commer- the-wall central air conditioning heat pumps lowing: cially available technologies that includes and small duct, high velocity systems should ‘‘(B) The code does not contain a manda- such products having efficiencies at the ap- be established or amended. tory requirement that, under all code com- plicable levels specified in subparagraph (C), ‘‘(ii) APPLICATION.—The rule shall provide pliance paths, requires that the covered except that no combination need include a that any new or amended standard shall product have an energy efficiency exceeding product having an efficiency less than the apply to products manufactured on or after 1 of the following levels: level specified in subparagraph (B)(ii). June 30, 2016.’’. ‘‘(i) The applicable energy conservation ‘‘(F) The energy consumption or conserva- (e) FURNACES.—Section 325(f) of the Energy standard established in or prescribed under tion objective is specified in terms of an esti- Policy and Conservation Act (42 U.S.C. section 325. mated total consumption of energy (which

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S949 may be specified in units of energy or its property or physical assets or notification of ‘‘(N) General purpose mercury vapor equivalent cost).’’; threats to life safety. lamps.’’. (2) in paragraph (4)(B)— ‘‘(bb) Deter or control access to real prop- (2) INDUSTRIAL EQUIPMENT.—Section (A) by inserting after ‘‘building code’’ the erty or physical assets, or prevent the unau- 340(2)(B) of the Energy Policy and Conserva- first place it appears the following: ‘‘con- thorized removal of physical assets. tion Act (42 U.S.C. 6311(2)(B)) is amended— tains a mandatory requirement that, under ‘‘(cc) Monitor, detect, record, or provide (A) by striking ‘‘and’’ before ‘‘unfired hot all code compliance paths,’’; and notification of fire, gas, smoke, flooding, or water’’; and (B) by striking ‘‘unless the’’ and all that other physical threats to real property, (B) by inserting after ‘‘tanks’’ the fol- follows through ‘‘subsection (d)’’; and physical assets, or life safety. lowing: ‘‘, pole-mounted outdoor luminaires, (3) by adding at the end the following: ‘‘(II) EXCLUSION.—The term ‘security or high light output double-ended quartz halo- ‘‘(5) REPLACEMENT OF COVERED PRODUCT.— life safety alarm or surveillance system’ gen lamps, and general purpose mercury Paragraph (3) shall not apply to the replace- does not include any product with a prin- vapor lamps’’. ment of a covered product serving an exist- cipal function other than life safety, secu- (3) NEW DEFINITIONS.—Section 340 of the ing building unless the replacement results rity, or surveillance that— Energy Policy and Conservation Act (42 in an increase in capacity greater than— ‘‘(aa) is designed and marketed with a U.S.C. 6311) is amended by adding at the end ‘‘(A) 12,000 Btu per hour for residential air built-in alarm or theft-deterrent feature; or the following: conditioners and heat pumps; or ‘‘(bb) does not operate necessarily and con- ‘‘(24) AREA LUMINAIRE.—The term ‘area lu- ‘‘(B) 20 percent for other covered prod- tinuously in active mode. minaire’ means a luminaire intended for ucts.’’. ‘‘(ii) NONAPPLICATION OF NO-LOAD MODE RE- lighting parking lots and general areas that— SEC. 3. ENERGY CONSERVATION STANDARDS FOR QUIREMENTS.—The No-Load Mode energy effi- HEAT PUMP POOL HEATERS. ciency standards established by this para- ‘‘(A) is designed to mount on a pole using an arm, pendant, or vertical tenon; (a) DEFINITIONS.— graph shall not apply to an external power ‘‘(B) has an opaque top or sides, but may (1) EFFICIENCY DESCRIPTOR.—Section 321(22) supply manufactured before July 1, 2017, of the Energy Policy and Conservation Act that— contain a transmissive ornamental element; (42 U.S.C. 6291(22)) is amended— ‘‘(I) is an AC-to-AC external power supply; ‘‘(C) has an optical aperture that is open or (A) in subparagraph (E), by inserting ‘‘gas- ‘‘(II) has a nameplate output of 20 watts or enclosed with a flat, sag, or drop lens; ‘‘(D) is mounted in a fixed position with fired’’ before ‘‘pool heaters’’; and more; the optical aperture near horizontal, or tilt- (B) by adding at the end the following: ‘‘(III) is certified to the Secretary as being ed up; and ‘‘(F) For heat pump pool heaters, coeffi- designed to be connected to a security or life ‘‘(E) has photometric output measured cient of performance of heat pump pool heat- safety alarm or surveillance system compo- using Type C photometry per IESNA LM–75– ers.’’. nent; and 01. (2) COEFFICIENT OF PERFORMANCE OF HEAT ‘‘(IV) on establishment within the External ‘‘(25) DECORATIVE POSTTOP LUMINAIRE.—The PUMP POOL HEATERS.—Section 321 of the En- Power Supply International Efficiency term ‘decorative posttop luminaire’ means a ergy Policy and Conservation Act (42 U.S.C. Marking Protocol, as referenced in the ‘En- ergy Star Program Requirements for Single luminaire with— 6291)) is amended by inserting after para- ‘‘(A) open or transmissive sides that is de- Voltage External Ac-Dc and Ac-Ac Power graph (25) the following: signed to be mounted directly over a pole Supplies’, published by the Environmental ‘‘(25A) COEFFICIENT OF PERFORMANCE OF using a vertical tenon or by fitting the lumi- Protection Agency, of a distinguishing mark HEAT PUMP POOL HEATERS.—The term ‘coeffi- naire directly into the pole; and for products described in this clause, is per- cient of performance of heat pump pool heat- ‘‘(B) photometric output measured using manently marked with the distinguishing ers’ means the ratio of the capacity to power Type C photometry per IESNA LM–75–01. mark. input value obtained at the following rating ‘‘(26) DUSK-TO-DAWN LUMINAIRE.—The term ° ° ‘‘(iii) ADMINISTRATION.—In carrying out conditions: 50.0 F db/44.2 F wb outdoor air ‘dusk-to-dawn luminaire’ means a fluores- ° this subparagraph, the Secretary shall— and 80.0 F entering water temperatures, ac- cent, induction, or high intensity discharge ‘‘(I) require, with appropriate safeguard for cording to AHRI Standard 1160.’’. luminaire that— (3) THERMAL EFFICIENCY OF GAS-FIRED POOL the protection of confidential business infor- ‘‘(A) is designed to be mounted on a hori- HEATERS.—Section 321(26) of the Energy Pol- mation, the submission of unit shipment zontal or horizontally slanted tenon or arm; icy and Conservation Act (42 U.S.C. 6291(26)) data on an annual basis; and ‘‘(B) has an optical assembly that is co- by inserting ‘‘gas-fired’’ before ‘‘pool heat- ‘‘(II) restrict the eligibility of external axial with the axis of symmetry of the light ers’’. power supplies for the exemption provided source; (b) STANDARDS FOR POOL HEATERS.—Sec- under this subparagraph on a finding that a ‘‘(C) has an optical assembly that is— tion 325(e)(2) of the Energy Policy and Con- substantial number of the external power ‘‘(i) a reflector or lamp enclosure that sur- servation Act (42 U.S.C. 6295(e)(2)) is amend- supplies are being marketed to or installed rounds the light source with an open lower ed— in applications other than security or life aperture; or (1) by striking ‘‘(2) The thermal efficiency safety alarm or surveillance systems.’’. ‘‘(ii) a refractive optical assembly sur- of pool heaters’’ and inserting the following: SEC. 5. PROHIBITED ACTS. rounding the light source with an open or ‘‘(2) POOL HEATERS.— Section 332(a) of the Energy Policy and closed lower aperture; ‘‘(A) GAS-FIRED POOL HEATERS.—The ther- Conservation Act (42 U.S.C. 6302(a)) is ‘‘(D) contains a receptacle for a mal efficiency of gas-fired pool heaters’’; and amended— photocontrol that enables the operation of (2) by adding at the end the following: (1) in paragraphs (1) and (5), by striking the light source and is either coaxial with ‘‘(B) HEAT PUMP POOL HEATERS.—Heat ‘‘for any manufacturer or private labeler to both the axis of symmetry of the light pump pool heaters manufactured on or after distribute’’ each place it appears and insert- source and the optical assembly or offset to- the date of enactment of this subparagraph ing ‘‘for any manufacturer (or representative ward the mounting bracket by less than 3 shall have a minimum coefficient of perform- of a manufacturer), distributor, retailer, or inches, or contains an integral photocontrol; ance of 4.0.’’. private labeler to offer for sale or dis- and SEC. 4. EFFICIENCY STANDARDS FOR CLASS A tribute’’; ‘‘(E) has photometric output measured EXTERNAL POWER SUPPLIES. (2) by redesignating paragraph (6) (as added using Type C photometry per IESNA LM–75– Section 325(u)(3) of the Energy Policy and by section 321(e)(3) of Public Law 110–140 (121 01. Conservation Act (42 U.S.C. 6295(u)(3)) is Stat. 1586)) as paragraph (7); and ‘‘(27) FLOODLIGHT LUMINAIRE.—The term amended— (3) in paragraph (7) (as so redesignated), by ‘floodlight luminaire’ means an outdoor lu- (1) in subparagraph (A), by striking ‘‘(D)’’ striking ‘‘for any manufacturer, distributor, minaire designed with a yoke, knuckle, or and inserting ‘‘(E)’’; and retailer, or private labeler to distribute’’ and other mechanism allowing the luminaire to (2) by adding at the end the following: inserting ‘‘for any manufacturer (or rep- be aimed 40 degrees or more with its photo- ‘‘(E) NONAPPLICATION OF NO-LOAD MODE EN- resentative of a manufacturer), distributor, metric distributions established with only ERGY EFFICIENCY STANDARDS TO EXTERNAL retailer, or private labeler to offer for sale or Type B photometry in accordance with POWER SUPPLIES FOR CERTAIN SECURITY OR distribute’’. IESNA LM-75, revised 2001. LIFE SAFETY ALARMS OR SURVEILLANCE SYS- SEC. 6. OUTDOOR LIGHTING. ‘‘(28) GENERAL PURPOSE MERCURY VAPOR TEMS.— (a) DEFINITIONS.— LAMP.—The term ‘general purpose mercury ‘‘(i) DEFINITION OF SECURITY OR LIFE SAFETY (1) COVERED EQUIPMENT.—Section 340(1) of vapor lamp’ means a mercury vapor lamp (as ALARM OR SURVEILLANCE SYSTEM.—In this the Energy Policy and Conservation Act (42 defined in section 321) that— subparagraph: U.S.C. 6311(1)) is amended— ‘‘(A) has a screw base; ‘‘(I) IN GENERAL.—The term ‘security or life (A) by redesignating subparagraph (L) as ‘‘(B) is designed for use in general lighting safety alarm or surveillance system’ means subparagraph (O); and applications (as defined in section 321); equipment designed and marketed to per- (B) by inserting after subparagraph (K) the ‘‘(C) is not a specialty application mercury form any of the following functions (on a following: vapor lamp; and continuous basis): ‘‘(L) Pole-mounted outdoor luminaires. ‘‘(D) is designed to operate on a mercury ‘‘(aa) Monitor, detect, record, or provide ‘‘(M) High light output double-ended vapor lamp ballast (as defined in section 321) notification of intrusion or access to real quartz halogen lamps. or is a self- ballasted lamp.

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‘‘(29) HIGH LIGHT OUTPUT DOUBLE-ENDED ply to emergency lighting loads automati- horizontally slanted, circular cross-section QUARTZ HALOGEN LAMP.—The term ‘high light cally on failure of the normal power supply; pipe tenon; output double-ended quartz halogen lamp’ and ‘‘(B) has opaque tops or sides; means a lamp that— ‘‘(II) is listed and labeled as Emergency ‘‘(C) has an optical aperture that is open or ‘‘(A) is designed for general outdoor light- Lighting Equipment; enclosed with a flat, sag or drop lens; ing purposes; ‘‘(iii) a decorative gas lighting system; ‘‘(D) is mounted in a fixed position with ‘‘(B) contains a tungsten filament; ‘‘(iv) a luminaire designed explicitly for the optical aperture near horizontal, or tilt- ‘‘(C) has a rated initial lumen value of lighting for theatrical purposes, including ed up; and greater than 6,000 and less than 40,000 performance, stage, film production, and ‘‘(E) has photometric output measured lumens; video production; using Type C photometry per IESNA LM–75– ‘‘(D) has at each end a recessed single con- ‘‘(v) a luminaire designed as theme ele- 01. tact, R7s base; ments in theme or amusement parks and ‘‘(34) SPECIALTY APPLICATION MERCURY ‘‘(E) has a maximum overall length (MOL) that cannot be used in most general lighting VAPOR LAMP.—The term ‘specialty applica- between 4 and 11 inches; applications; tion mercury vapor lamp’ means a mercury ‘‘(F) has a nominal diameter less than 3⁄4 ‘‘(vi) a luminaire designed explicitly for vapor lamp (as defined in section 321) that inch (T6); hazardous locations meeting the require- is— ‘‘(G) is designed to be operated at a voltage ments of Underwriters Laboratories Stand- ‘‘(A) designed only to operate on a spe- not less than 110 volts and not greater than ard 844–2006, ‘Luminaires for Use in Haz- cialty application mercury vapor lamp bal- 200 volts or is designed to be operated at a ardous (Classified) Locations’; last (as defined in section 321); and voltage between 235 volts and 300 volts; ‘‘(vii) a residential pole-mounted luminaire ‘‘(B) is marked and marketed for specialty ‘‘(H) is not a tubular quartz infrared heat that is not rated for commercial use uti- applications only. lamp; and lizing 1 or more lamps meeting the energy ‘‘(35) TARGET EFFICACY RATING.—The term ‘‘(I) is not a lamp marked and marketed as conservation standards established under ‘target efficacy rating’ means a measure of a Stage and Studio lamp with a rated life of section 325(i) and mounted on a post or pole luminous efficacy of a luminaire (as defined 500 hours or less. not taller than 10.5 feet above ground and in NEMA LE–6–2009). ‘‘(30) MEAN RATED LAMP LUMENS.—The term not rated for a power draw of more than 145 ‘‘(36) TUBULAR QUARTZ INFRARED HEAT ‘mean rated lamp lumens’ means the rated watts; LAMP.—The term ‘tubular quartz infrared lumens at— ‘‘(viii) a floodlight luminaire; heat lamp’ means a double-ended quartz ‘‘(A) 40 percent of rated lamp life for metal ‘‘(ix) an outdoor luminaire designed for halogen lamp that— halide, induction, and fluorescent lamps; or sports and recreational area use in accord- ‘‘(A) is marked and marketed as an infra- ‘‘(B) 50 percent of rated lamp life for high ance with IESNA RP-6 and utilizing an 875 red heat lamp; and pressure sodium lamps. watt or greater metal halide lamp; ‘‘(B) radiates predominately in the infrared ‘‘(31) OUTDOOR LUMINAIRE.—The term ‘out- ‘‘(x) a decorative posttop luminaire de- radiation range and in which the visible radi- door luminaire’ means a luminaire that— signed for using high intensity discharge ation is not of principal interest.’’. ‘‘(A) is intended for outdoor use and suit- lamps with total lamp wattage of 150 or less, (b) STANDARDS.—Section 342 of the Energy able for wet locations; and or designed for using other lamp types with Policy and Conservation Act (42 U.S.C. 6313) ‘‘(B) may be shipped with or without a total lamp wattage of 50 watts or less; is amended by adding at the end the fol- lamp. ‘‘(xi) an area luminaire, roadway and lowing: ‘‘(32) POLE-MOUNTED OUTDOOR LUMINAIRE.— highmast luminaire, or dusk-to-dawn lumi- ‘‘(g) POLE-MOUNTED OUTDOOR ‘‘(A) IN GENERAL.—The term ‘pole-mounted naire designed for using high intensity dis- LUMINAIRES.— outdoor luminaire’ means an outdoor lumi- charge lamps or pin-based compact fluores- ‘‘(1) TARGET EFFICACY RATING, LUMEN MAIN- naire that is designed to be mounted on an cent lamps with total lamp wattage of 100 or TENANCE AND POWER FACTOR REQUIREMENTS.— outdoor pole and is— less, or other lamp types with total lamp ‘‘(A) DEFINITION OF MAXIMUM OF UPLIGHT OR ‘‘(i) an area luminaire; wattage of 50 watts or less; and GLARE RATING.—In this paragraph, the term ‘‘(ii) a roadway and highmast luminaire; ‘‘(xii) an area luminaire, roadway and ‘maximum of uplight or glare rating’ means, ‘‘(iii) a decorative posttop luminaire; or highmast luminaire, or dusk-to-dawn lumi- for any specific outdoor luminaire, the high- ‘‘(iv) a dusk-to-dawn luminaire. naire with a backlight rating less than 2 and er of the uplight rating or glare rating of the ‘‘(B) EXCLUSIONS.—The term ‘pole-mounted with the maximum of the uplight or glare luminaire. outdoor luminaire’ does not include— rating 3 or less. ‘‘(B) REQUIREMENTS.—Each pole-mounted ‘‘(i) a portable luminaire designed for use ‘‘(33) ROADWAY AND HIGHMAST LUMINAIRE.— outdoor luminaire manufactured on or after at construction sites; The term ‘roadway and highmast luminaire’ the date that is 3 years after the date of en- ‘‘(ii) a luminaire designed to be used in means a luminaire intended for lighting actment of this subsection shall— emergency conditions that— streets and roadways that— ‘‘(i) meet or exceed the target efficacy rat- ‘‘(I) incorporates a means of storing energy ‘‘(A) is designed to mount on a pole by ings in the following table when tested at and a device to switch the stored energy sup- clamping onto the exterior of a horizontal or full system input watts: ‘‘Area, Roadway or Highmast luminaires

Maximum of Uplight or Glare rating Backlight Rating 0 or 1 2 or 3 4 or 5

0 or 1 38 38 38 2 or 3 38 38 42 4 or 5 38 42 43

‘‘Decorative Posttop or Dusk-to-Dawn luminaires

Maximum of Uplight or Glare rating Backlight Rating 0 or 1 2 or 3 4 or 5

0 or 1 25 25 25 2 or 3 25 25 28 4 or 5 25 28 28;

‘‘(ii) use lamps that have a minimum of 0.6 designed for using high intensity discharge after the date of enactment of this sub- lumen maintenance, as determined in ac- lamps with a total rated lamp wattage of 150 section shall be sold— cordance with IESNA LM-80 for Solid State watts or less, which shall have no power fac- ‘‘(i) with integral controls that shall have Lighting sources or calculated as mean rated tor requirement. the capability of operating the luminaire at lamp lumens divided by initial rated lamp ‘‘(2) CONTROL REQUIREMENTS.— full power and a minimum of 1 reduced power lumens for other light sources; and ‘‘(A) IN GENERAL.—Except as provided in level plus off, in which case the power reduc- ‘‘(iii) have a power factor equal to or great- subparagraph (B), each area luminaire manu- tion shall be at least 30 percent of the rated er than 0.9 at ballast full power, except in factured on or after the date that is 3 years lamp power; or the case of pole-mounted outdoor luminaires

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S951 ‘‘(ii) with internal electronics and connec- any public proceeding at which comment is lamp shall not be manufactured on or after tive wiring or hardware (including wire solicited from the public in connection with January 1, 2016.’’. leads, pigtails, inserts for wires, pin bases, or the rulemaking, except that nothing in this (c) TEST METHODS.—Section 343(a) of the the equivalent) that— subclause restricts the Secretary from seek- Energy Policy and Conservation Act (42 ‘‘(I) collectively enable the area luminaire, ing additional information during the course U.S.C. 6314(a)) is amended by adding at the if properly connected to an appropriate con- of the rulemaking; and end the following: trol system, to operate at full power and a ‘‘(III) phased-in effective dates for different ‘‘(10) POLE-MOUNTED OUTDOOR minimum of 1 reduced power level plus off, types of pole-mounted outdoor luminaires LUMINAIRES.— in which case the reduced power level shall that are submitted to the Secretary in the ‘‘(A) IN GENERAL.—With respect to pole- be at least 30 percent lower than the rated manner provided for in section 325(p)(4), ex- mounted outdoor luminaires to which stand- lamp power in response to signals sent by cept that the phased-in effective dates shall ards are applicable under section 342, the controls not integral to the luminaire as not be subject to subparagraphs (A) and (B) test methods shall be those described in this sold, that may be connected in the field; and of this paragraph. paragraph. ‘‘(II) have connections from the compo- ‘‘(4) RULEMAKING BEFORE FEBRUARY 1, 2015.— ‘‘(B) PHOTOMETRIC TEST METHODS.—For nents that are easily accessible in the lumi- ‘‘(A) IN GENERAL.—Not later than February photometric test methods, the methods shall naire housing and have instructions applica- 1, 2015, the Secretary shall initiate a rule- be those specified in— ble to appropriate control system connec- making procedure to determine whether the ‘‘(i) IES LM–10–96—Approved Method for tions that are included with the luminaire. standards in effect for pole-mounted outdoor Photometric Testing of Outdoor Fluorescent ‘‘(B) NONAPPLICATION.—The control re- luminaires should be amended. Luminaires; quirements of this paragraph shall not apply ‘‘(B) FINAL RULE.— ‘‘(ii) IES LM–31–95—Photometric Testing to— ‘‘(i) PUBLICATION.—The Secretary shall of Roadway Luminaires Using Incandescent ‘‘(i) pole-mounted outdoor luminaires uti- publish a final rule containing the amend- Filament and High Intensity Discharge lizing probe-start metal halide lamps with ments, if any, not later than January 1, 2018. Lamps; rated lamp power greater than 500 watts op- ‘‘(ii) APPLICATION.—Any amendments shall ‘‘(iii) IES LM–79–08—Electrical and Photo- erating in non-base-up positions; or apply to products manufactured on or after metric Measurements of Solid-State Light- ‘‘(ii) pole-mounted outdoor luminaires uti- January 1, 2021. lizing induction lamps. ing Products; ‘‘(C) REVIEW.— ‘‘(iv) IES LM–80–08—Measuring Lumen ‘‘(C) INTEGRAL PHOTOSENSORS.—Each pole- ‘‘(i) IN GENERAL.—As part of the rule- Maintenance of LED Light Sources; mounted outdoor luminaire sold with an in- making required under this paragraph, the tegral photosensor shall use an electronic- ‘‘(v) IES LM–40–01—Life testing of Fluores- Secretary shall review and may amend the cent Lamps; type photocell. definitions, exclusions, test procedures, ‘‘(3) RULEMAKING COMMENCING NOT LATER ‘‘(vi) IES LM–47–01—Life testing of High power factor standards, lumen maintenance Intensity Discharge (HID) Lamps; THAN 60 DAYS AFTER THE DATE OF ENACT- requirements, labeling requirements, and ad- MENT.— ‘‘(vii) IES LM–49–01—Life testing of Incan- ditional control requirements, including descent Filament Lamps; ‘‘(A) IN GENERAL.—Not later than 60 days dimming functionality, for all pole-mounted after the date of enactment of this sub- ‘‘(viii) IES LM–60–01—Life testing of Low outdoor luminaires. section, the Secretary shall initiate a rule- Pressure Sodium Lamps; and ‘‘(ii) FACTORS.—The review of the Sec- making procedure to determine whether the ‘‘(ix) IES LM–65–01—Life testing of Com- retary shall include consideration of— standards in effect for pole-mounted outdoor pact Fluorescent Lamps. ‘‘(I) obstacles to compliance and whether luminaires should be amended. ‘‘(C) OUTDOOR BACKLIGHT, UPLIGHT, AND compliance is evaded by substitution of non- ‘‘(B) FINAL RULE.— GLARE RATINGS.—For determining outdoor regulated luminaires for regulated ‘‘(i) PUBLICATION.—The Secretary shall backlight, uplight, and glare ratings, the luminaires or allowing luminaires to comply publish a final rule containing the amend- classifications shall be those specified in IES with the standards established under this ments, if any, not later than January 1, 2013, TM–15–07 - Luminaire Classification System part based on use of nonstandard lamps, as or the date that is 33 months after the date for Outdoor Luminaires with Addendum A. of enactment of this subsection, whichever is provided for in section 343(a)(10)(D)(i)(II); ‘‘(D) TARGET EFFICACY RATING.—For deter- later. ‘‘(II) statistical data relating to pole- mining the target efficacy rating, the proce- mounted outdoor luminaires that— ‘‘(ii) APPLICATION.—Any amendments shall dures shall be those specified in NEMA LE– apply to products manufactured on or after ‘‘(aa) the Secretary considers necessary for 6–2009 – ‘Procedure for Determining Target January 1, 2016, or the date that is 3 years the rulemaking and requests not later than Efficacy Ratings (TER) for Commercial, In- after the final rule is published in the Fed- June 1, 2015, from all identifiable manufac- dustrial and Residential Luminaires,’ and all eral Register, whichever is later. turers of pole-mounted outdoor luminaires, of the following additional criteria (as appli- ‘‘(C) REVIEW.— directly from manufacturers of pole-mount- cable): ‘‘(i) IN GENERAL.—As part of the rule- ed outdoor luminaires and, in the case of ‘‘(i) The target efficacy rating shall be cal- making required under this paragraph, the members of the National Electrical Manufac- culated based on the initial rated lamp Secretary shall review and may amend the turers Association, from the National Elec- lumen and rated watt value equivalent to definitions, exclusions, test procedures, trical Manufacturers Association; and the lamp with which the luminaire is power factor standards, lumen maintenance ‘‘(bb) shall be made publicly available in a shipped, or, if not shipped with a lamp, the requirements, labeling requirements, and ad- manner that does not reveal manufacturer target efficacy rating shall be calculated ditional control requirements, including identity or confidential business informa- based on— dimming functionality, for all pole-mounted tion, in a timely manner for discussion at ‘‘(I) the applicable standard lamp as estab- outdoor luminaires. any public proceeding at which comment is lished by subparagraph (E); or ‘‘(ii) FACTORS.—The review of the Sec- solicited from the public in connection with ‘‘(II) a lamp that has a rated wattage and retary shall include consideration of— the rulemaking, except that nothing in this rated initial lamp lumens that are the same ‘‘(I) obstacles to compliance and whether subclause restricts the Secretary from seek- as the maximum lamp watts and minimum compliance is evaded by substitution of non- ing additional information during the course lamp lumens labeled on the luminaire, in ac- regulated luminaires for regulated of the rulemaking; and cordance with section 344(f). luminaires or allowing luminaires to comply ‘‘(III) phased-in effective dates for different ‘‘(ii) If the luminaire is designed to operate with the standards established under this types of pole-mounted outdoor luminaires at more than 1 nominal input voltage, the part based on use of non-standard lamps, as that are submitted to the Secretary in the ballast input watts used in the target effi- provided for in section 343(a)(10)(D)(i)(II); manner provided for in section 325(p)(4), ex- cacy rating calculation shall be the highest ‘‘(II) statistical data relating to pole- cept that the phased-in effective dates shall value for any nominal input voltage for mounted outdoor luminaires that— not be subject to subparagraphs (A) and (B) which the ballast is designed to operate. ‘‘(aa) the Secretary shall request not later of this paragraph. ‘‘(iii) If the luminaire is a pole-mounted than 120 days after the date of enactment of ‘‘(h) HIGH LIGHT OUTPUT DOUBLE-ENDED outdoor luminaire that contains a ballast this subsection from all identifiable manu- QUARTZ HALOGEN LAMPS.—A high light out- that is labeled to operate lamps of more than facturers of pole-mounted outdoor put double-ended quartz halogen lamp manu- 1 wattage, the luminaire shall— luminaires, directly from manufacturers of factured on or after January 1, 2016, shall ‘‘(I) meet or exceed the target efficacy rat- pole-mounted outdoor luminaires or, in the have a minimum efficiency of— ing in the table in section 342(g)(1)(A) cal- case of members of the National Electrical ‘‘(1) 27 LPW for lamps with a minimum culated in accordance with clause (i) for all Manufacturers Association, from the Na- rated initial lumen value greater than 6,000 lamp wattages that the ballast is labeled to tional Electrical Manufacturers Association; and a maximum initial lumen value of 15,000; operate; ‘‘(bb) is considered necessary for the rule- and ‘‘(II) be constructed such that the lumi- making; and ‘‘(2) 34 LPW for lamps with a rated initial naire is only capable of accepting lamp watt- ‘‘(cc) shall be made publicly available in a lumen value greater than 15,000 and less than ages that produce target efficacy ratings manner that does not reveal manufacturer 40,000. that meet or exceed the values in the table identity or confidential business informa- ‘‘(i) GENERAL PURPOSE MERCURY VAPOR in section 342(g)(1)(A) calculated in accord- tion, in a timely manner for discussion at LAMPS.—A general purpose mercury vapor ance with clause (i); or

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S952 CONGRESSIONAL RECORD — SENATE March 2, 2010 ‘‘(III) be rated and prominently labeled for ‘‘(bb) lamps have been included in the table adopt efficiency standard for reducing out- a maximum lamp wattage that results in the that are not representative of general out- door lighting energy use enacted prior to luminaire meeting or exceeding the target door lighting applications. January 31, 2008, shall not be preempted.’’. efficacy rating in the table in section ‘‘(II) CONFORMING CHANGES.—If subclause SEC. 7. ENERGY EFFICIENCY PROVISIONS. 342(g)(1)(A) when calculated and labeled in (I) applies, the National Electrical Manufac- (a) DIRECT FINAL RULE.—Section 323(b)(1) accordance with clause (i). turers Association shall conform the pub- of the Energy Policy and Conservation Act ‘‘(iv) If the luminaire is a pole-mounted lished table of the Association to the table (42 U.S.C. 6293(b)(1)) is amended by adding at outdoor luminaire that is constructed such adopted by the Secretary. the end the following: that the luminaire will only accept an ANSI ‘‘(v) NONTRANSMISSION OF TABLE.—If the ‘‘(B) TEST PROCEDURES.—The Secretary Type-O lamp, the luminaire shall meet or ex- National Electrical Manufacturers Associa- may, in accordance with the requirements of ceed the target efficacy rating in the table in tion has not submitted the table to the Sec- this subsection, prescribe test procedures for section 342(g)(1)(A) when tested with an retary within 1 year after the date of enact- any consumer product classified as a covered ANSI Type-O lamp. ment of this paragraph, the Secretary shall product under section 322(b). develop, publish, and adopt the table not ‘‘(v) If the luminaire is a pole-mounted ‘‘(C) NEW OR AMENDED TEST PROCEDURES.— outdoor luminaire that is marketed to use a later than 18 months after the date of enact- The Secretary shall direct the National Bu- coated lamp, the luminaire shall meet or ex- ment of this paragraph and update the table reau of Standards to assist in developing new ceed the target efficacy rating in the table in regularly. or amended test procedures. ‘‘(F) AMENDMENT OF TEST METHODS.—The section 342(g)(1)(A) when tested with a coat- ‘‘(D) DIRECT FINAL RULE.—The Secretary ed lamp. Secretary may, by rule, adopt new or addi- may adopt a consensus test procedure in ac- ‘‘(vi) If the luminaire is a solid state light- tional test methods for pole-mounted out- cordance with the direct final rule procedure ing pole-mounted outdoor luminaire, the lu- door luminaires in accordance with this sec- established under section 325(p)(4).’’. tion.’’. minaire shall have its target efficacy rating (b) CRITERIA FOR PRESCRIBING NEW OR (d) LABELING.—Section 344 of the Energy calculated based on the combination of abso- AMENDED STANDARDS.—Section 325(o) of the Policy and Conservation Act (42 U.S.C. 6315) lute luminaire lumen values and input watt- is amended— Energy Policy and Conservation Act (42 ages that results in the lowest possible tar- (1) in subsections (d) and (e), by striking U.S.C. 6295(o)) is amended— get efficacy rating for any light source, in- ‘‘(h)’’ each place it appears and inserting (1) in paragraph (2)(B)— cluding ranges of correlated color tempera- ‘‘(i)’’; (A) in clause (i)— ture and color rendering index values, for (2) by redesignating subsections (f) through (i) in subclause (III), by adding before the which the luminaire is marketed by the lu- (k) as subsections (g) through (l), respec- semicolon ‘‘and the estimated impact on av- minaire manufacturer. tively; and erage energy prices’’; ‘‘(vii) If the luminaire is a high intensity (3) by inserting after subsection (e) the fol- (ii) in subclause (VI), by striking ‘‘; and’’ discharge pole-mounted outdoor luminaire lowing: and inserting a semicolon; using a ballast that has a ballast factor dif- ‘‘(f) LABELING RULES FOR POLE-MOUNTED (iii) by redesignating subclause (VII) as ferent than 1, the target efficacy rating of OUTDOOR LUMINAIRES.— subclause (VIII); and the luminaire shall be calculated by using ‘‘(1) IN GENERAL.—Subject to subsection (i), (iv) by inserting after subclause (VI) the the input watts needed to operate the lamp not later than 1 year after the date of enact- following: at full rated power, or by using the actual ment of this paragraph, the Secretary shall ‘‘(VII) the net energy, environmental, and ballast factor of the ballast. establish labeling rules under this part for economic impacts due to smart grid tech- ‘‘(E) TABLE OF STANDARD LAMP TYPES.— pole-mounted outdoor luminaires manufac- nologies or capabilities in a covered product ‘‘(i) IN GENERAL.—The National Electrical tured on or after the date on which standards that enable demand response or response to Manufacturers Association shall develop and established under section 342(g) take effect. time-dependent energy pricing, taking into publish not later than 1 year after the date ‘‘(2) RULES.—The rules shall require— consideration the rate of use of the smart of enactment of this paragraph and there- ‘‘(A) for pole-mounted outdoor luminaires, grid technologies or capabilities over the life after maintain and regularly update on a that the luminaire, be marked with a capital of the product that is likely to result from publicly available website a table including letter ‘P’ printed within a circle in a con- the imposition of the standard; and’’; and standard lamp types by wattage, ANSI code, spicuous location on both the pole-mounted (B) in clause (iii)— initial lamp lumen value, lamp orientation, luminaire and its packaging to indicate that (i) by striking ‘‘(iii) If the Secretary finds’’ and lamp finish. the pole-mounted outdoor luminaire con- and inserting the following: ‘‘(ii) INITIAL LAMP LUMEN VALUES.—The ini- forms to the energy conservation standards ‘‘(iii) REBUTTABLE PRESUMPTION.— tial lamp lumen values shall— established in section 342(g); and ‘‘(I) IN GENERAL.—Subject to subclause (II), ‘‘(I) be determined according to a uniform ‘‘(B) for pole-mounted outdoor luminaires if the Secretary finds’’; rating method and tested according to ac- that do not contain a lamp in the same ship- (ii) in subclause (I) (as designated by cepted industry practice for each lamp that ment with the luminaire and are tested with clause (i)), by striking ‘‘three’’ and inserting is considered for inclusion in the table; and a lamp with a lumen rating exceeding the ‘‘4’’; and ‘‘(II) in each case contained in the table, be standard lumen value specified in the table (iii) by striking the second sentence and the lowest known initial lamp lumen value established under section 343(a)(10)(E), that inserting the following: that approximates typical performance in the luminaire— ‘‘(II) MULTIPLIER FOR CERTAIN PRODUCTS.— representative general outdoor lighting ap- ‘‘(i) be labeled to identify the minimum For any product with an average expected plications. rated initial lamp lumens and maximum useful life of less than 4 years, the rebuttable ‘‘(iii) ACTIONS.—On completion of the table rated lamp watts required to conform to the presumption described in subclause (I) shall required by this subparagraph and any up- energy conservation standards established in be determined using 75 percent of the aver- dates to the table— section 342(g); and age expected useful life of the product as a ‘‘(I) the National Electrical Manufacturers ‘‘(ii) bear a statement on the label that multiplier instead of 4. Association shall submit the table and any states: ‘Product violates Federal law when ‘‘(III) REQUIREMENT FOR REBUTTAL OF PRE- updates to the Secretary; and installed with a standard lamp. Use only a SUMPTION.—A presumption described in sub- ‘‘(II) the Secretary shall— lamp that meets the minimum lumens and clause (I) may be rebutted only if the Sec- ‘‘(aa) publish the table and any comments maximum watts provided on this label.’ ’’. retary finds, based on clear and substantial that are included with the table in the Fed- (e) PREEMPTION.—Section 345 of the Energy evidence, that— eral Register; Policy and Conservation Act (42 U.S.C. 6316) ‘‘(aa) the standard level would cause sub- ‘‘(bb) solicit public comment on the table; is amended— stantial hardship to the average consumer of and (1) in the first sentence of subsection (a), the product, or to manufacturers supplying a ‘‘(cc) not later than 180 days after date of by striking ‘‘The’’ and inserting ‘‘Except as significant portion of the market for the receipt of the table, after considering the otherwise provided in this section, the’’; and product, in terms of manufacturing or prod- factors described in clause (iv), adopt the (2) by adding at the end the following: uct cost or loss of product utility or fea- table for purposes of this part. ‘‘(i) POLE-MOUNTED OUTDOOR LUMINAIRES tures, the aggregate of which outweighs the ‘‘(iv) REBUTTABLE PRESUMPTION.— AND HIGH LIGHT OUTPUT DOUBLE-ENDED benefits of the standard level; ‘‘(I) IN GENERAL.—There shall be a rebutta- QUARTZ HALOGEN LAMPS.— ‘‘(bb) the standard and implementing regu- ble presumption that the table and any up- ‘‘(1) IN GENERAL.—Except as provided in lations cannot reasonably be designed to dates to the table transmitted by the Na- paragraph (2), section 327 shall apply to pole- avoid or mitigate any hardship described in tional Electrical Manufacturers Association mounted outdoor luminaires and high light item (aa) (including through the adoption of to the Secretary meets the requirements of output double-ended quartz halogen lamps to regional standards for the products identi- this subparagraph, which may be rebutted the same extent and in the same manner as fied in, and consistent with, paragraph (6) or only if the Secretary finds by clear and sub- the section applies under part B. other reasonable means consistent with this stantial evidence that— ‘‘(2) STATE ENERGY CONSERVATION STAND- part) and the hardship cannot be avoided or ‘‘(aa) data have been included that were ARDS.—Any State energy conservation stand- mitigated through the procedures described not the result of having applied applicable ard that is adopted on or before January 1, in section 504 of the Department of Energy industry standards; or 2015, pursuant to a statutory requirement to Organization Act (42 U.S.C. 7194); and

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S953 ‘‘(cc) the same or a substantially similar ational characteristics or components as the submitted by a State that does not have an hardship with respect to a hardship described Secretary determines to be relevant for the energy plan and forecast if the waiver peti- in item (aa) would not occur under a stand- purposes of carrying out this part; and tion concerns a State regulation adopted ard adopted in the absence of the presump- ‘‘(III) the State or regional location of sale pursuant to a notice and comment rule- tion, but that otherwise meets the require- for covered products for which the Secretary making proceeding.’’ ments of this section. may adopt regional standards; and (e) PERMITTING STATES TO SEEK INJUNCTIVE ‘‘(IV) PROHIBITED FACTORS FOR DETERMINA- ‘‘(iii) such other categories of information ENFORCEMENT.—Section 334 of the Energy TION.— that the Secretary determines to be relevant Policy and Conservation Act (42 U.S.C. 6304) ‘‘(aa) IN GENERAL.—Except as provided in to carry out this part, including such other is amended to read as follows: item (bb), a determination by the Secretary information that may be necessary— ‘‘SEC. 334. PERMITTING STATES TO SEEK INJUNC- that the criteria triggering a presumption ‘‘(I) to establish and revise— TIVE ENFORCEMENT. described in subclause (I) are not met, or ‘‘(aa) test procedures; ‘‘(a) JURISDICTION.—The United States dis- that the criterion for rebutting the presump- ‘‘(bb) labeling rules; and trict courts shall have original jurisdiction tion are met, shall not be taken into consid- ‘‘(cc) energy conservation standards; of a civil action seeking an injunction to re- eration by the Secretary in determining ‘‘(II) to ensure compliance with the re- strain— whether a standard is economically justified. quirements of this part; and ‘‘(1) any violation of section 332; and ‘‘(bb) EXCEPTION.—Evidence presented re- ‘‘(III) to estimate the impacts on con- ‘‘(2) any person from distributing in com- garding the presumption may be considered sumers and manufacturers of energy con- merce any covered product that does not by the Secretary in making a determination servation standards in effect as of the report- comply with an applicable rule under section described in item (aa).’’; and ing date. 324 or 325. (2) by adding at the end the following: ‘‘(3) REQUIREMENTS OF SECRETARY IN PRO- ‘‘(b) AUTHORITY.— ‘‘(7) INCORPORATION OF SMART GRID TECH- MULGATING REGULATIONS.—In promulgating ‘‘(1) IN GENERAL.—Except as provided in NOLOGIES.—The Secretary may incorporate regulations under paragraph (1), the Sec- paragraph (2), an action under subsection (a) smart grid technologies or capabilities into retary shall consider— shall be brought by— standards under this section, including ‘‘(A) existing public sources of informa- ‘‘(A) the Commission; or through— tion, including nationally recognized certifi- ‘‘(B) the attorney general of a State in the ‘‘(A) standards for covered products that cation or verification programs of trade as- name of the State. require specific technologies or capabilities; sociations; and ‘‘(2) EXCEPTIONS.— ‘‘(B) standards that provide credit for ‘‘(B)(i) whether some or all of the informa- ‘‘(A) IN GENERAL.—Notwithstanding para- smart grid technologies or capabilities, to tion described in paragraph (2) is submitted graph (1), only the Secretary may bring an the extent the smart grid technologies or ca- to another Federal agency; and action under this section to restrain— pabilities provide net benefits substantially ‘‘(ii) the means by which to minimize any ‘‘(i) a violation of section 332(a)(3) relating equivalent to benefits of products that meet duplication of requests for information by to a requirement prescribed by the Sec- the standards without smart grid tech- Federal agencies. retary; or nologies or capabilities, taking into consid- ‘‘(4) MINIMIZATION OF BURDENS ON MANUFAC- ‘‘(ii) a violation of section 332(a)(4) relating eration energy, economic, and environ- TURERS.—In carrying out this subsection, the to a request by the Secretary under section mental impacts (including emissions reduc- Secretary shall exercise the authority of the 326(b)(2). tions from electrical generation); and Secretary under this subsection in a manner ‘‘(B) OTHER PROHIBITED ACTS.—An action ‘‘(C) multiple performance standards or de- designed to minimize burdens on the manu- under this section regarding a violation of sign requirements to achieve— facturers of covered products. paragraph (5) or (7) of section 332(a) shall be ‘‘(i) the goals of— ‘‘(5) REPORTING OF ENERGY INFORMATION.— brought by— ‘‘(I) reducing overall energy use; and ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(i) the Secretary; or ‘‘(II) reducing peak demand; or (B), section 11(d) of the Energy Supply and ‘‘(ii) the attorney general of a State in the ‘‘(ii) other smart grid goals.’’. Environmental Coordination Act of 1974 (15 name of the State. (c) OBTAINMENT OF APPLIANCE INFORMATION U.S.C. 796(d)) shall apply with respect to in- ‘‘(c) LIMITATION.—If an action under this FROM MANUFACTURERS.—Section 326 of the formation obtained under this subsection to section is brought by the attorney general of Energy Policy and Conservation Act (42 the same extent and in the same manner as a State— U.S.C. 6296) is amended by striking sub- section 11(d) of that Act applies with respect ‘‘(1) not less than 30 days before the date of section (d) and inserting the following: to energy information obtained under sec- commencement of the action, the State ‘‘(d) INFORMATION REQUIREMENTS.— tion 11 of that Act. shall— ‘‘(1) IN GENERAL.—For purposes of carrying ‘‘(B) ADMINISTRATION.—Subparagraph (A) ‘‘(A) provide written notice to the Sec- out this part, the Secretary shall promulgate shall apply to the extent that subparagraph retary and the Commission; and proposed regulations not later than 1 year (A) does not conflict with the duties of the ‘‘(B) provide the Secretary and the Com- after the date of enactment of the National Secretary in carrying out this part. mission with a copy of the complaint; Energy Efficiency Enhancement Act of 2010, ‘‘(6) COORDINATION WITH STATE AGENCIES.— ‘‘(2) the Secretary and the Commission— and after receiving public comment, final In adopting reporting requirements under ‘‘(A) may intervene in the suit or action; regulations not later than 18 months after paragraph (1), the Secretary shall, to the ex- ‘‘(B) upon intervening, shall be heard on all the date of enactment of that Act, under this tent practicable, coordinate with State agen- matters arising from the suit or action; and part or other provision of law administered cies that conduct similar data gathering ini- ‘‘(C) may file petitions for appeal; by the Secretary, that shall require each tiatives— ‘‘(3) no separate action may be brought manufacturer of a covered product, on a ‘‘(A) to ensure the uniformity of the re- under this section if, at the time written no- product specific basis, to submit information quirements; and tice is provided under paragraph (1), the or reports to the Secretary— ‘‘(B) to mitigate reporting burdens. same alleged violation or failure to comply ‘‘(A) in such form as the Secretary may ‘‘(7) PERIODIC REVISIONS.—In accordance is the subject of a pending action, or a final adopt; and with each procedure and criteria required judicial judgment or decree, by the United ‘‘(B) on— under paragraph (1), the Secretary may peri- States under this Act; and ‘‘(i) an annual basis; or odically revise the reporting requirements ‘‘(4) the action shall not be construed— ‘‘(ii) any other regular basis that is not adopted under paragraph (1).’’. ‘‘(A) as to prevent the attorney general of less frequent than once every 3 years. (d) WAIVER OF FEDERAL PREEMPTION.—Sec- a State, or other authorized officer of the ‘‘(2) FORM AND CONTENT OF REPORTS.—The tion 327(d)(1) of the Energy Policy and Con- State, from exercising the powers conferred form and content of each report required by servation Act (42 U.S.C. 6297(d)(1)) is amend- on the attorney general, or other authorized a manufacturer of a covered product under ed— officer of the State, by the laws of the State paragraph (1)— (1) in subparagraph (B)— (including regulations); or ‘‘(A) may vary by product type, as deter- (A) by inserting ‘‘(i)’’ before ‘‘Subject to ‘‘(B) as to prohibit the attorney general of mined by the Secretary; and paragraphs’’; and a State, or other authorized officer of the ‘‘(B) shall include information or data re- (B) by adding at the end the following: State, from proceeding in a Federal or State garding— ‘‘(ii) In making a finding under clause (i), court on the basis of an alleged violation of ‘‘(i) the compliance by the manufacturer the Secretary may not reject a petition for any civil or criminal statute of the State. with respect to each requirement applicable failure of the petitioning State or river basin ‘‘(d) VENUE; SERVICE OF PROCESS.— pursuant to this part; commission to produce confidential informa- ‘‘(1) VENUE.—An action under this section ‘‘(ii) the annual shipments by the manufac- tion maintained by any manufacturer or dis- may be brought in the United States district turer of each class or category of covered tributor, or group or association of manufac- court for— products, subdivided, to the extent prac- turers or distributors, that the petitioning ‘‘(A) the district in which the act, omis- ticable, by— party has requested and not received.’’; and sion, or transaction constituting the applica- ‘‘(I) energy efficiency, energy use, and, if (2) in the matter following subparagraph ble violation occurred; or applicable, water use; (C)(ii), by adding at the end the following: ‘‘(B) the district in which the defendant— ‘‘(II) the presence or absence of such effi- ‘‘Notwithstanding the preceding sentence, ‘‘(i) resides; or ciency related or energy consuming oper- the Secretary may approve a waiver petition ‘‘(ii) transacts business.

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‘‘(2) SERVICE OF PROCESS.—In an action and retailers, just as manufacturers and pri- COMMITTEE ON VETERANS’ AFFAIRS: under this section, process may be served on vate labelers currently, are prohibited from Mr. Burr, Mr. Isakson, Mr. Wicker, Mr. a defendant in any district in which the de- the sale and distribution of products that do Johanns, Mr. Brown, and Mr. Graham. fendant resides or is otherwise located.’’. not meet the Federal minimum efficiency f (f) TREATMENT OF APPLIANCES WITHIN standards. BUILDING CODES.—Section 327 of the Energy Sec 6. Outdoor Lighting. SENATE CONCURRENT RESOLU- Policy and Conservation Act (42 U.S.C. 6297) Amends sections 340, 342, 343, 344, and 345 to TION 52—EXPRESSING SUPPORT is amended by adding at the end the fol- provide definitions, efficiency standards, FOR THE DESIGNATION OF lowing: rulemaking deadlines and effective dates, MARCH 20 AS A NATIONAL DAY ‘‘(h) RECOGNITION OF ALTERNATIVE REFRIG- test methods, labeling and preemption treat- OF RECOGNITION FOR LONG- ERANT USES.—With respect to State or local ment for pole-mounted outdoor lighting TERM CARE PHYSICIANS laws (including regulations) prohibiting, lim- products (e.g. street and parking lot light iting, or restricting the use of alternative re- fixtures, bulbs and controls). Also sets stand- Mr. CHAMBLISS submitted the fol- frigerants for specific end uses approved by ards for double-ended halogen lamps (high lowing concurrent resolution; which the Administrator of the Environmental wattage incandescent lamps generally used was referred to the Committee on the Protection Agency pursuant to the Signifi- outdoors) and ends the production of stand- Judiciary: cant New Alternatives Program under sec- ard mercury vapor lamps, effective 2016, tion 612 of the Clean Air Act (42 U.S.C. 7671k) completing the transition to higher effi- S. CON. RES. 52 for use in a covered product under section ciency lighting sources begun when ineffi- Whereas a National Day of Recognition for 322(a)(1) considered on or after the date of cient mercury vapor fixtures and ballasts Long-Term Care Physicians is designed to enactment of this subsection, notice shall be were phased out in EPAct 2005. honor and recognize physicians who care for provided to the Administrator before or dur- Sec. 7. Energy Efficiency Provisions. an ever-growing elderly population in dif- ing any State or local public comment pe- (a) Direct Final Rule. Amends section 323 ferent settings, including skilled nursing fa- riod to provide to the Administrator an op- to permit DOE to accelerate the prescription cilities, assisted living, hospice, continuing portunity to comment.’’. of consensus test procedures and to direct care retirement communities, post-acute (g) TECHNICAL AMENDMENT.—Section 332(a) the National Bureau of Standards to assist care, home care, and private offices; of the Energy Policy and Conservation Act in developing or amending test procedures. Whereas the average long-term care physi- (42 U.S.C. 6302(a)) is amended by redesig- (b) Criteria for Prescribing New or Amend- cian has nearly 20 years of practice experi- nating the second paragraph (6) as paragraph ed Standards. Amends section 325(o) to: (A) ence and dedicates themselves to 1 or 2 fa- (7). add ‘‘impact on average energy prices’’ and cilities with nearly 100 residents and pa- ‘‘impacts due to smart grid’’ as new criteria tients; SECTION BY SECTION SUMMARY OF THE NA- for setting efficiency standards, (B) estab- Whereas the American Medical Directors TIONAL ENERGY EFFICIENCY ENHANCEMENT lishes a rebuttable presumption for what Association is the professional association of ACT OF 2010 DOE determines to be a minimum ‘‘tech- medical directors, attending physicians, and Sec. 1. Short Title. nically feasible and economically justified’’ others practicing in the long-term con- Sec. 2. Energy Conservation Standards. efficiency standard, and (C) authorizes DOE tinuum and is dedicated to excellence in pa- (a) Amends section 321 of EPCA for the def- to include smart grid technologies into prod- tient care and provides education, advocacy, inition of ‘‘energy efficiency standard’’ to uct standards, listing credits and other op- information, and professional development allow DOE to establish more than one per- tions for including these technologies. to promote the delivery of quality long-term formance standard, and adds definitions for (c) Obtainment of Appliance Information care medicine; and ‘‘EER’’ and ‘‘HSPF’’. from Manufacturers. Amends section 326 to Whereas the American Medical Directors (b) Amends section 323(b) to establish test direct DOE to require manufacturers to sub- Association would like to honor founder and procedures for EER and HSPF. mit specific product information to DOE long-term care physician William A. Dodd, (c) Amends section 325(d) to establish re- such as compliance, annual shipments, and M.D., C.M.D., who was born on March 20, gional and increased energy efficiency stand- energy use and efficiency, and to coordinate 1921: Now, therefore, be it ards for central air conditioners and heat information gathering activities with State Resolved by the Senate (the House of Rep- pumps, and related equipment, to be effec- agencies. resentatives concurring), That the Congress tive on or after Jan 1, 2015, and sets forth (d) Waiver of Federal Preemption. Amends expresses support for— dates for the consideration of future stand- section 327(d) to clarify that DOE may not (1) the designation of March 20 as a Na- ards. reject a State waiver petition for failure of tional Day of Recognition for Long-Term (d) Amends section 325(d) to establish defi- the State to produce information that is con- Care Physicians; and nitions for Through-the-Wall air condi- fidentially maintained by any manufacturer (2) the goals and ideals of a National Day tioning and heat pump systems, and small- or others and from whom the State has re- of Recognition for Long-Term Care Physi- duct, high velocity systems, and directs DOE quested, but not received, the information. cians. (e) Permitting States to Seek Injunctive to set standards for these products to be ef- f Enforcement. Amends section 334 to author- fective on or after June 30, 2016. ize and prescribe the procedures by which a AMENDMENTS SUBMITTED AND (e) Amends section 325(f) to establish defi- State may seek an injunction to restrain PROPOSED nitions and regional standards for non- certain violations of the DOE efficiency pro- weatherized gas and oil furnaces to be effec- SA 3346. Mr. LEAHY (for himself and Mr. gram. tive on or after May, 2013; and for weather- SESSIONS) submitted an amendment intended ized gas furnaces, to be effective on or after f to be proposed to amendment SA 3336 pro- January 1, 2015. SUBMITTED RESOLUTIONS posed by Mr. BAUCUS to the bill H.R. 4213, to (f) Amends section 327(f) to provide that amend the Internal Revenue Code of 1986 to State building codes may provide for prod- extend certain expiring provisions, and for ucts that have efficiencies that exceed appli- SENATE RESOLUTION 429—MAKING other purposes; which was ordered to lie on cable Federal standards, within certain lim- the table. its and if such State code provides for com- MINORITY PARTY APPOINT- SA 3347. Mr. MERKLEY (for himself and binations of energy items to meet the code MENTS FOR CERTAIN COMMIT- Mr. WYDEN) submitted an amendment in- objectives that includes at least one com- TEES FOR THE 111TH CONGRESS tended to be proposed to amendment SA 3336 bination that does not exceed Federal prod- Mr. MCCONNELL submitted the fol- proposed by Mr. BAUCUS to the bill H.R. 4213, ucts standards. lowing resolution; which was consid- supra; which was ordered to lie on the table. Sec. 3. Energy Conservation Standards for SA 3348. Mr. BROWN of Massachusetts sub- Heat Pump Pool Heaters. ered and agreed to: mitted an amendment intended to be pro- Amends sections 321 and 325 to provide S. RES. 429 posed to amendment SA 3336 proposed by Mr. definitions and establish efficiency standards Resolved, That the following be the minor- BAUCUS to the bill H.R. 4213, supra; which for heat pump pool heaters. ity membership on the following committees was ordered to lie on the table. Sec. 4. Efficiency Standards for Class A ex- for the remainder of the 111th Congress, or SA 3349. Mr. DODD submitted an amend- ternal Power Supplies. until their successors are appointed: ment intended to be proposed to amendment Amends section 325(u) to provide a defini- COMMITTEE ON ARMED SERVICES: Mr. SA 3336 proposed by Mr. BAUCUS to the bill tion for ‘‘security or life safety alarm or sur- McCain, Mr. Inhofe, Mr. Sessions, Mr. H.R. 4213, supra; which was ordered to lie on veillance system’’ and provides an exemption Chambliss, Mr. Graham, Mr. Thune, Mr. the table. for certain such products from the ‘‘no load’’ Wicker, Mr. LeMieux, Mr. Brown, Mr. Burr, SA 3350. Ms. STABENOW (for herself, Mr. portion of the Federal efficiency standards Mr. Vitter, and Ms. Collins. HATCH, and Mr. SCHUMER) submitted an until July 1, 2017. COMMITTEE ON HOMELAND SECURITY amendment intended to be proposed to Sec. 5. Prohibited Acts. AND GOVERNMENTAL AFFAIRS: Ms. Col- amendment SA 3336 proposed by Mr. BAUCUS Amends section 332 to clarify that rep- lins, Mr. Coburn, Mr. Brown, Mr. McCain, to the bill H.R. 4213, supra; which was or- resentatives of manufacturers, distributers, Mr. Voinovich, Mr. Ensign, and Mr. Graham. dered to lie on the table.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S955 SA 3351. Mr. REED (for himself, Ms. SEC. lll. LEASES OF RESTRICTED LAND. the Internal Revenue Code of 1986 to SNOWE, and Mrs. SHAHEEN) submitted an Subsection (a) of the first section of the extend certain expiring provisions, and amendment intended to be proposed by him Act of August 9, 1955 (25 U.S.C. 415(a)), is for other purposes; which was ordered to the bill H.R. 4213, supra; which was or- amended in the second sentence by inserting to lie on the table; as follows: dered to lie on the table. ‘‘land held in trust for the Coquille Indian SA 3352. Mr. GRASSLEY (for himself, Mr. Tribe, land held in trust for the Confederated On page 73, line 21, after the second period insert the following: ‘‘The amendment made CRAPO, Mr. ROBERTS, Mr. ENSIGN, and Mr. Tribes of Siletz Indians, land held in trust by this section shall be considered to have HATCH) submitted an amendment intended to for the Confederated Tribes of the Coos, be proposed by him to the bill H.R. 4213, Lower Umpqua, and Siuslaw Indians, land taken effect on February 28, 2010.’’. held in trust for the Klamath Tribes, and supra; which was ordered to lie on the table. SA 3350. Ms. STABENOW (for herself, SA 3353. Mr. SANDERS (for himself, Mr. land held in trust for the Burns Paiute Mr. HATCH, and Mr. SCHUMER) sub- DODD, Mr. WHITEHOUSE, Mr. LEAHY, and Mrs. Tribe,’’ after ‘‘lands held in trust for the GILLIBRAND) submitted an amendment in- Confederated Tribes of the Warm Springs mitted an amendment intended to be tended to be proposed to amendment SA 3336 Reservation of Oregon,’’. proposed to amendment SA 3336 pro- proposed by Mr. BAUCUS to the bill H.R. 4213, posed by Mr. BAUCUS to the bill H.R. supra; which was ordered to lie on the table. SA 3348. Mr. BROWN of Massachu- 4213, to amend the Internal Revenue SA 3354. Mr. WHITEHOUSE (for himself, setts submitted an amendment in- Code of 1986 to extend certain expiring Mr. SCHUMER, and Mr. BINGAMAN) submitted tended to be proposed to amendment provisions, and for other purposes; an amendment intended to be proposed by SA 3336 proposed by Mr. BAUCUS to the which was ordered to lie on the table; him to the bill H.R. 4213, supra; which was bill H.R. 4213, to amend the Internal as follows: ordered to lie on the table. Revenue Code of 1986 to extend certain SA 3355. Mr. BUNNING proposed an amend- At the end of title VI, add the following: ment to the bill H.R. 4691, to provide a tem- expiring provisions, and for other pur- SEC. 602. ELECTION TO TEMPORARILY UTILIZE porary extension of certain programs, and poses; which was ordered to lie on the UNUSED AMT CREDITS DETERMINED BY DOMESTIC INVESTMENT. for other purposes. table; as follows: (a) IN GENERAL.—Section 53 is amended by SA 3356. Mrs. MURRAY (for herself, Mr. At the end of title I, add the following: adding at the end the following new sub- HARKIN, Mrs. BOXER, Mr. BEGICH, and Mr. SEC. 103. EMPLOYEE PAYROLL TAX RATE CUT. section: BURRIS) submitted an amendment intended (a) IN GENERAL.—For the 6-calendar-month ‘‘(g) ELECTION FOR CORPORATIONS WITH UN- to be proposed to amendment SA 3336 pro- period beginning after the date which is 60 USED CREDITS.— posed by Mr. BAUCUS to the bill H.R. 4213, to days after the date of the enactment of this ‘‘(1) IN GENERAL.—If a corporation elects to amend the Internal Revenue Code of 1986 to Act, the Secretary of the Treasury shall re- have this subsection apply, then notwith- extend certain expiring provisions, and for duce the rate of tax under section 3101(a) of standing any other provision of law, the lim- other purposes; which was ordered to lie on the Internal Revenue Code of 1986 and 50 per- itation imposed by subsection (c) for any the table. cent of the rate of tax under section 1401(a) such taxable year shall be increased by the SA 3357. Mr. DODD (for himself, Ms. of such Code by such percentage such that AMT credit adjustment amount. STABENOW, Mr. LEVIN, and Mr. LIEBERMAN) the resulting reduction in revenues to the ‘‘(2) AMT CREDIT ADJUSTMENT AMOUNT.— submitted an amendment intended to be pro- Federal Old-Age and Survivors Insurance For purposes of paragraph (1), the term posed to amendment SA 3336 proposed by Mr. Trust Fund is equal to 100 percent of the ‘AMT credit adjustment amount’ means with BAUCUS to the bill H.R. 4213, supra; which amounts appropriated or made available and respect to any taxable year beginning in was ordered to lie on the table. remaining unobligated under the American 2010, the lesser of— f Recovery and Reinvestment Act of 2009 (Pub. ‘‘(A) a corporation’s minimum tax credit Law 111–5) as of the date of the enactment of determined under subsection (b), or TEXT OF AMENDMENTS this Act. ‘‘(B) 20 percent of new domestic invest- (b) TRANSFERS TO FEDERAL OLD-AGE AND SA 3346. Mr. LEAHY (for himself and ments made during such taxable year. SURVIVORS INSURANCE TRUST FUND.—There ‘‘(3) NEW DOMESTIC INVESTMENTS.—For pur- Mr. SESSIONS) submitted an amend- are appropriated to the Federal Old-Age and poses of this subsection, the term ‘new do- ment intended to be proposed to Survivors Trust Fund and the Federal Dis- mestic investments’ means the cost of quali- amendment SA 3336 proposed by Mr. ability Insurance Trust Fund established fied property (as defined in section BAUCUS to the bill H.R. 4213, to amend under section 201 of the Social Security Act 168(k)(2)(A)(i))— the Internal Revenue Code of 1986 to (42 U.S.C. 401) amounts equal to the reduc- ‘‘(A) the original use of which commences extend certain expiring provisions, and tion in revenues to the Treasury by reason of with the taxpayer during the taxable year, for other purposes; which was ordered the application of subsection (a). Amounts and to lie on the table; as follows: appropriated by the preceding sentence shall ‘‘(B) which is placed in service in the be transferred from the general fund at such United States by the taxpayer during such Strike section 537, and insert the fol- times and in such manner as to replicate to taxable year. lowing: the extent possible the transfers which ‘‘(4) CREDIT REFUNDABLE.—For purposes of SEC. 537. EFFECTIVE DATE; NONINFRINGEMENT would have occurred to such Trust Fund had subsections (b) and (c) of section 6401, the ag- OF COPYRIGHT. such amendment not been enacted. gregate increase in the credits allowable (a) EFFECTIVE DATE.—Unless specifically (c) REPLENISHMENT OF GENERAL FUND under part IV of subchapter A for any tax- provided otherwise, this title, and the THROUGH RESCISSION OF CERTAIN STIMULUS able year resulting from the application of amendments made by this title, shall take FUNDS.—Notwithstanding section 5 of the this subsection shall be treated as allowed effect on February 27, 2010, and with the ex- American Recovery and Reinvestment Act of under subpart C of such part (and not to any ception of the reference in subsection (b), all 2009 (Public Law 111–5; 123 Stat. 116), from other subpart). references to the date of enactment of this the amounts appropriated or made available ‘‘(5) ELECTION.— Act shall be deemed to refer to February 27, under division A of such Act (other than ‘‘(A) IN GENERAL.—An election under this 2010, unless otherwise specified. under title X of such division A), there is re- subsection shall be made at such time and in (b) NONINFRINGEMENT OF COPYRIGHT.—The scinded any remaining unobligated amounts such manner as prescribed by the Secretary, secondary transmission of a performance or as of the date of the enactment of this Act. and once effective, may be revoked only with display of a work embodied in a primary The Director of the Office of Management the consent of the Secretary. transmission is not an infringement of copy- and Budget shall report to each congres- ‘‘(B) INTERIM ELECTIONS.—Until such time right if it was made by a satellite carrier on sional committee the amounts so rescinded as the Secretary prescribes a manner for or after February 27, 2010, and prior to enact- within the jurisdiction of such committee. making an election under this subsection, a ment of this Act, and was in compliance with (d) EMERGENCY DESIGNATION.—This section taxpayer is treated as having made a valid the law as in existence on February 27, 2010. is designated as an emergency requirement election by providing written notification to pursuant to section 4(g) of the Statutory the Secretary and the Commissioner of In- SA 3347. Mr. MERKLEY (for himself Pay-As-You-Go Act of 2010 (Public Law 111– ternal Revenue of such election. and Mr. WYDEN) submitted an amend- 139; 2 U.S.C. 933(g)) and section 403(a) of S. ‘‘(6) AGGREGATION RULE.—For purposes of ment intended to be proposed to Con. Res. 13 (111th Congress), the concurrent this subsection— amendment SA 3336 proposed by Mr. resolution on the budget for fiscal year 2010. ‘‘(A) all corporations which are members of In the House of Representatives, this section BAUCUS to the bill H.R. 4213, to amend an affiliated group of corporations filing a is designated as an emergency for purposes consolidated tax return, and the Internal Revenue Code of 1986 to of pay-as-you-go principles. extend certain expiring provisions, and ‘‘(B) all partnerships in which more than 90 percent of the capital and profits interest in for other purposes; which was ordered SA 3349. Mr. DODD submitted an the partnership are owned by the corpora- to lie on the table; as follows: amendment intended to be proposed to tion (directly or indirectly) at all times dur- At the appropriate place, insert the fol- amendment SA 3336 proposed by Mr. ing the taxable year in which an election lowing: BAUCUS to the bill H.R. 4213, to amend under this subsection is in effect,

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S956 CONGRESSIONAL RECORD — SENATE March 2, 2010 shall be treated as a single corporation. note; Public Law 106–469) is amended by creditation requirement established under ‘‘(7) APPLICATION TO PARTNERSHIPS.—In the striking ‘‘the date that is 9 years after the clause (iii)(II) may differ for categories of case of a partnership— date on which the Alliance is established’’ pharmacies established by the Secretary ‘‘(A) this subsection shall be applied at the and inserting ‘‘February 6, 2011’’. (such as pharmacies described in subpara- partner level, and graph (G)).’’; and ‘‘(B) each partner shall be treated as hav- SA 3352. Mr. GRASSLEY (for him- (2) by adding at the end the following new ing for the taxable year an amount equal to self, Mr. CRAPO, Mr. ROBERTS, Mr. EN- subparagraph: such partner’s allocable share of the new do- SIGN, and Mr. HATCH) submitted an ‘‘(G) PHARMACY DESCRIBED.—A pharmacy mestic investment of the partnership for amendment intended to be proposed by described in this subparagraph is a pharmacy such taxable year (as determined under regu- him to the bill H.R. 4213, to amend the that meets each of the following criteria: lations prescribed by the Secretary). Internal Revenue Code of 1986 to extend ‘‘(i) The total billings by the pharmacy for ‘‘(8) NO DOUBLE BENEFIT.—Notwithstanding such items and services under this title are clause (iii)(II) of section 172(b)(1)(H), any tax- certain expiring provisions, and for less than 5 percent of total pharmacy sales payer which has previously made an election other purposes; which was ordered to for a previous period (of not less than 24 under such section shall be deemed to have lie on the table; as follows: months) specified by the Secretary. revoked such election by the making of its At the end, add the following: ‘‘(ii) The pharmacy has been enrolled under first election under this subsection. TITLE VIII—MEDICARE AND OTHER section 1866(j) as a supplier of durable med- ‘‘(9) REGULATIONS.—The Secretary may PROVISIONS ical equipment, prosthetics, orthotics, and issue such regulations or other guidance as supplies, has been issued (which may include SEC. 801. CONFORMING REPEAL. may be necessary or appropriate to carry out Sections 212 through 231, section 233, sec- the renewal of) a provider number for at this subsection, including to prevent fraud tion 243, section 431, and section 601 of this least 2 years, and for which a final adverse and abuse under this subsection. Act are repealed. action (as defined in section 424.57(a) of title ‘‘(10) TERMINATION.—This subsection shall 42, Code of Federal Regulations) has not been SEC. 802. INCREASE IN THE MEDICARE PHYSI- not apply to any taxable year that begins CIAN PAYMENT UPDATE FOR THE imposed in the past 2 years. after December 31, 2010.’’. LAST 10 MONTHS OF 2010. ‘‘(iii) The pharmacy submits to the Sec- (b) QUICK REFUND OF REFUNDABLE CRED- Paragraph (10) of section 1848(d) of the So- retary an attestation, in a form and manner, IT.—Section 6425 is amended by adding at the cial Security Act, as added by section 1011(a) and at a time, specified by the Secretary, end the following new subsection: of the Department of Defense Appropriations that the pharmacy meets the criteria de- ‘‘(e) ALLOWANCE OF AMT CREDIT ADJUST- Act, 2010 (Public Law 111–118), is amended to scribed in clauses (i) and (ii). MENT AMOUNT.—The amount of an adjust- read as follows: ‘‘(iv) The pharmacy agrees to submit mate- ment under this section as determined under ‘‘(10) UPDATE FOR 2010.— rials as requested by the Secretary, or dur- subsection (c)(2) for any taxable year may be ‘‘(A) IN GENERAL.—Subject to paragraphs ing the course of an audit conducted on a increased to the extent of the corporation’s (7)(B), (8)(B), and (9)(B), in lieu of the update random sample of pharmacies selected annu- AMT credit adjustment amount determined to the single conversion factor established in ally, to verify that the pharmacy meets the under section 53(g) for such taxable year.’’. paragraph (1)(C) that would otherwise apply criteria described in clauses (i) and (ii). Ma- (c) EFFECTIVE DATE.—The amendments for 2010, the update to the single conversion terials submitted under the preceding sen- made by this section shall apply to taxable factor shall be 0 percent for 2010. tence shall include a certification by an years beginning after December 31, 2009. ‘‘(B) NO EFFECT ON COMPUTATION OF CON- independent accountant on behalf of the SEC. 603. INFORMATION REPORTING FOR RENT- VERSION FACTOR FOR 2011 AND SUBSEQUENT pharmacy or the submission of tax returns AL PROPERTY EXPENSE PAYMENTS. YEARS.—The conversion factor under this filed by the pharmacy during the relevant (a) IN GENERAL.—Section 6041 is amended subsection shall be computed under para- periods, as requested by the Secretary.’’. by adding at the end the following new sub- graph (1)(A) for 2011 and subsequent years as (b) CONFORMING AMENDMENTS.—Section section: if subparagraph (A) had never applied.’’. 1834(a)(20)(E) of the Social Security Act (42 ‘‘(h) TREATMENT OF RENTAL PROPERTY EX- SEC. 803. EXTENSION OF THERAPY CAPS EXCEP- U.S.C. 1395m(a)(20)(E)) is amended— PENSE PAYMENTS.— TIONS PROCESS. (1) in the first sentence, by striking ‘‘The’’ ‘‘(1) IN GENERAL.—For purposes of sub- Section 1833(g)(5) of the Social Security and inserting ‘‘Except as provided in the section (a), except as provided in paragraph Act (42 U.S.C. 1395l(g)(5)) is amended by third sentence, the’’; and (2), a person receiving rental income shall be striking ‘‘December 31, 2009’’ and inserting (2) by adding at the end the following new considered to be in engaged in a trade or ‘‘December 31, 2010’’. sentences: ‘‘Notwithstanding the preceding business of renting property. SEC. 804. TREATMENT OF PHARMACIES UNDER sentences, any alternative quality standards ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not DURABLE MEDICAL EQUIPMENT AC- and accreditation requirement established apply to— CREDITATION REQUIREMENTS. under subparagraph (F)(iii)(II) shall be estab- ‘‘(A) any individual who is an active mem- (a) IN GENERAL.—Section 1834(a)(20) of the lished through notice and comment rule- ber of the uniformed services, Social Security Act (42 U.S.C. 1395m(a)(20)) is making. The Secretary may implement by ‘‘(B) any individual if substantially all amended— program instruction or otherwise subpara- rental income is derived from renting the (1) in subparagraph (F)— graph (G) after consultation with representa- principal residence (within the meaning of (A) in clause (i)— tives of relevant parties. The specifications section 121) of such individual on a tem- (i) by striking ‘‘clause (ii)’’ and inserting developed by the Secretary in order to im- porary basis, ‘‘clauses (ii) and (iii)’’; plement subparagraph (G) shall be posted on ‘‘(C) any individual who receives rental in- (ii) by striking ‘‘January 1, 2010’’ and in- the Internet website of the Centers for Medi- come of not less than the minimal amount, serting ‘‘January 1, 2011’’; and care & Medicaid Services.’’. as determined under regulations prescribed (iii) by striking ‘‘and’’ at the end; (c) ADMINISTRATION.—Chapter 35 of title 44, by the Secretary, and (B) in clause (ii)(II), by striking the period United States Code, shall not apply to this ‘‘(D) any other individual for whom the re- at the end and inserting ‘‘; and’’; section. quirements of this section would cause hard- (C) by inserting after clause (ii)(II) the fol- ship, as determined under regulations pre- lowing new clause: (d) RULE OF CONSTRUCTION.—Nothing in the scribed by the Secretary.’’. ‘‘(iii)(I) subject to subclause (II), with re- provisions of, or amendments made by, this (b) EFFECTIVE DATE.—The amendments spect to items and services furnished on or section shall be construed as affecting the made by this section shall apply to payments after January 1, 2011, the accreditation re- application of an accreditation requirement made after December 31, 2010. quirement of clause (i) shall not apply to a for pharmacies to qualify for bidding in a pharmacy described in subparagraph (G); and competitive acquisition area under section SA 3351. Mr. REED (for himself, Ms. ‘‘(II) effective with respect to items and 1847 of the Social Security Act (42 U.S.C. SNOWE, and Mrs. SHAHEEN) submitted services furnished on or after the date of the 1395w–3). an amendment intended to be proposed enactment of this subparagraph, the Sec- (e) WAIVER OF 1-YEAR REENROLLMENT by him to the bill H.R. 4213, to amend retary may apply to pharmacies quality BAR.—In the case of a pharmacy described in standards and an accreditation requirement subparagraph (G) of section 1834(a)(20) of the the Internal Revenue Code of 1986 to established by the Secretary that are an al- extend certain expiring provisions, and Social Security Act, as added by subsection ternative to the quality standards and ac- (a), whose billing privileges were revoked for other purposes; which was ordered creditation requirement otherwise applicable prior to January 1, 2011, by reason of non- to lie on the table; as follows: under this paragraph if the Secretary deter- compliance with subparagraph (F)(i) of such At the appropriate place, insert the fol- mines such alternative quality standards and section, the Secretary of Health and Human lowing: accreditation requirement are appropriate Services shall waive any reenrollment bar for pharmacies.’’; and SEC. ll. REAUTHORIZATION OF NATIONAL imposed pursuant to section 424.535(d) of OILHEAT RESEARCH ALLIANCE ACT (D) by adding at the end the following title 42, Code of Federal Regulations (as in OF 2000. flush sentence: effect on the date of the enactment of this Section 713 of the National Oilheat Re- ‘‘If determined appropriate by the Secretary, Act) for such pharmacy to reapply for such search Alliance Act of 2000 (42 U.S.C. 6201 any alternative quality standards and ac- privileges.

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SEC. 805. ENHANCED PAYMENT FOR MENTAL (1) MEDICARE.—Section 1848(o)(1)(C)(ii) of the Federal Register on August 27, 2009 (74 HEALTH SERVICES. the Social Security Act (42 U.S.C. 1395w– Fed. Reg. 43754), and any subsequent correc- Section 138(a)(1) of the Medicare Improve- 4(o)(1)(C)(ii)) is amended by striking ‘‘setting tions. ments for Patients and Providers Act of 2008 (whether inpatient or outpatient)’’ and in- SEC. 815. TECHNICAL CORRECTION RELATED TO (Public Law 110–275) is amended by striking serting ‘‘inpatient or emergency room set- CRITICAL ACCESS HOSPITAL SERV- ‘‘December 31, 2009’’ and inserting ‘‘Decem- ting’’. ICES. ber 31, 2010’’. (2) MEDICAID.—Section 1903(t)(3)(D) of the (a) IN GENERAL.—Subsections (g)(2)(A) and SEC. 806. EXTENSION OF AMBULANCE ADD-ONS. Social Security Act (42 U.S.C. 1396b(t)(3)(D)) (l)(8) of section 1834 of the Social Security (a) IN GENERAL.—Section 1834(l)(13) of the is amended by striking ‘‘setting (whether in- Act (42 U.S.C. 1395m) are each amended by Social Security Act (42 U.S.C. 1395m(l)(13)) is patient or outpatient)’’ and inserting ‘‘inpa- inserting ‘‘101 percent of’’ before ‘‘the rea- amended— tient or emergency room setting’’. sonable costs’’. (1) in subparagraph (A)— (b) EFFECTIVE DATE.—The amendments (b) EFFECTIVE DATE.—The amendments (A) in the matter preceding clause (i), by made by subsection (a) shall be effective as if made by subsection (a) shall take effect as if striking ‘‘before January 1, 2010’’ and insert- included in the enactment of the HITECH included in the enactment of section 405(a) of ing ‘‘before January 1, 2011’’; and Act (included in the American Recovery and the Medicare Prescription Drug, Improve- (B) in each of clauses (i) and (ii), by strik- Reinvestment Act of 2009 (Public Law 111–5)). ment, and Modernization Act of 2003 (Public ing ‘‘before January 1, 2010’’ and inserting (c) IMPLEMENTATION.—Notwithstanding Law 108–173; 117 Stat. 2266). ‘‘before January 1, 2011’’. any other provision of law, the Secretary SEC. 816. EXTENSION FOR SPECIALIZED MA (b) AIR AMBULANCE IMPROVEMENTS.—Sec- may implement the amendments made by PLANS FOR SPECIAL NEEDS INDI- tion 146(b)(1) of the Medicare Improvements this section by program instruction or other- VIDUALS. for Patients and Providers Act of 2008 (Pub- wise. (a) IN GENERAL.—Section 1859(f)(1) of the lic Law 110–275) is amended by striking ‘‘end- SEC. 811. EXTENSION OF REIMBURSEMENT FOR Social Security Act (42 U.S.C. 1395w–28(f)(1)) ing on December 31, 2009’’ and inserting ALL MEDICARE PART B SERVICES is amended by striking ‘‘2011’’ and inserting ‘‘ending on December 31, 2010’’. FURNISHED BY CERTAIN INDIAN ‘‘2012’’. (c) SUPER RURAL AMBULANCE.—Section HOSPITALS AND CLINICS. (b) TEMPORARY EXTENSION OF AUTHORITY 1834(l)(12)(A) of the Social Security Act (42 Section 1880(e)(1)(A) of the Social Security TO OPERATE BUT NO SERVICE AREA EXPAN- U.S.C. 1395m(l)(12)(A)) is amended— Act (42 U.S.C. 1395qq(e)(1)(A)) is amended by SION FOR DUAL SPECIAL NEEDS PLANS THAT (1) in the first sentence, by striking ‘‘2010’’ striking ‘‘5-year period’’ and inserting ‘‘6- DO NOT MEET CERTAIN REQUIREMENTS.—Sec- and inserting ‘‘2011’’; and year period’’. tion 164(c)(2) of the Medicare Improvements (2) by adding at the end the following new SEC. 812. EXTENSION OF CERTAIN PAYMENT for Patients and Providers Act of 2008 (Pub- sentence: ‘‘For purposes of applying this sub- RULES FOR LONG-TERM CARE HOS- lic Law 110–275) is amended by striking ‘‘De- paragraph for ground ambulance services PITAL SERVICES AND OF MORATO- cember 31, 2010’’ and inserting ‘‘December 31, RIUM ON THE ESTABLISHMENT OF furnished on or after January 1, 2010, and be- CERTAIN HOSPITALS AND FACILI- 2011’’. fore January 1, 2011, the Secretary shall use TIES. SEC. 817. EXTENSION OF REASONABLE COST the percent increase that was applicable (a) EXTENSION OF CERTAIN PAYMENT CONTRACTS. under this subparagraph to ground ambu- RULES.—Section 114(c) of the Medicare, Med- Section 1876(h)(5)(C)(ii) of the Social Secu- lance services furnished during 2009.’’. icaid, and SCHIP Extension Act of 2007 (42 rity Act (42 U.S.C. 1395mm(h)(5)(C)(ii)) is SEC. 807. EXTENSION OF GEOGRAPHIC FLOOR U.S.C. 1395ww note), as amended by section amended, in the matter preceding subclause FOR WORK. 4302(a) of the American Recovery and Rein- (I), by striking ‘‘January 1, 2010’’ and insert- Section 1848(e)(1)(E) of the Social Security vestment Act (Public Law 111–5), is amended ing ‘‘January 1, 2011’’. Act (42 U.S.C. 1395w–4(e)(1)(E)) is amended by by striking ‘‘3-year period’’ each place it ap- SEC. 818. EXTENSION OF PARTICULAR WAIVER striking ‘‘before January 1, 2010’’ and insert- pears and inserting ‘‘4-year period’’. POLICY FOR EMPLOYER GROUP ing ‘‘before January 1, 2011’’. (b) EXTENSION OF MORATORIUM.—Section PLANS. SEC. 808. EXTENSION OF PAYMENT FOR TECH- 114(d)(1) of such Act (42 U.S.C. 1395ww note), For plan year 2011 and subsequent plan NICAL COMPONENT OF CERTAIN as amended by section 4302(b) of the Amer- years, to the extent that the Secretary of PHYSICIAN PATHOLOGY SERVICES. ican Recovery and Reinvestment Act (Public Health and Human Services is applying the Section 542(c) of the Medicare, Medicaid, Law 111–5), in the matter preceding subpara- 2008 service area extension waiver policy (as and SCHIP Benefits Improvement and Pro- graph (A), is amended by striking ‘‘3-year pe- modified in the April 11, 2008, Centers for tection Act of 2000 (as enacted into law by riod’’ and inserting ‘‘4-year period’’. Medicare & Medicaid Services’ memorandum section 1(a)(6) of Public Law 106–554), as SEC. 813. EXTENSION OF THE MEDICARE RURAL with the subject ‘‘2009 Employer Group Waiv- amended by section 732 of the Medicare Pre- HOSPITAL FLEXIBILITY PROGRAM. er-Modification of the 2008 Service Area Ex- scription Drug, Improvement, and Mod- Section 1820(j) of the Social Security Act tension Waiver Granted to Certain MA Local ernization Act of 2003 (42 U.S.C. 1395w–4 (42 U.S.C. 1395i–4(j)) is amended— Coordinated Care Plans’’) to Medicare Ad- note), section 104 of division B of the Tax Re- (1) by striking ‘‘2010, and for’’ and inserting vantage coordinated care plans, the Sec- lief and Health Care Act of 2006 (42 U.S.C. ‘‘2010, for’’; and retary shall extend the application of such 1395w–4 note), section 104 of the Medicare, (2) by inserting ‘‘and for making grants to waiver policy to employers who contract di- Medicaid, and SCHIP Extension Act of 2007 all States under subsection (g), such sums as rectly with the Secretary as a Medicare Ad- (Public Law 110–173), and section 136 of the may be necessary in fiscal year 2011, to re- vantage private fee-for-service plan under Medicare Improvements for Patients and main available until expended’’ before the section 1857(i)(2) of the Social Security Act Providers Act of 2008 (Public Law 110–275), is period at the end. (42 U.S.C. 1395w–27(i)(2)) and that had enroll- amended by striking ‘‘and 2009’’ and insert- SEC. 814. EXTENSION OF SECTION 508 HOSPITAL ment as of January 1, 2010. ing ‘‘2009, and 2010’’. RECLASSIFICATIONS. SEC. 819. EXTENSION OF CONTINUING CARE RE- SEC. 809. EXTENSION OF OUTPATIENT HOLD (a) IN GENERAL.—Subsection (a) of section TIREMENT COMMUNITY PROGRAM. HARMLESS PROVISION. 106 of division B of the Tax Relief and Health Notwithstanding any other provision of (a) IN GENERAL.—Section 1833(t)(7)(D)(i) of Care Act of 2006 (42 U.S.C. 1395 note), as law, the Secretary of Health and Human the Social Security Act (42 U.S.C. amended by section 117 of the Medicare, Services shall continue to conduct the 1395l(t)(7)(D)(i)) is amended— Medicaid, and SCHIP Extension Act of 2007 Erickson Advantage Continuing Care Retire- (1) in subclause (II)— (Public Law 110–173) and section 124 of the ment Community (CCRC) program under (A) in the first sentence, by striking Medicare Improvements for Patients and part C of title XVIII of the Social Security ‘‘2010’’and inserting ‘‘2011’’; and Providers Act of 2008 (Public Law 110–275), is Act through December 31, 2011. (B) in the second sentence, by striking ‘‘or amended by striking ‘‘September 30, 2009’’ SEC. 820. FUNDING OUTREACH AND ASSISTANCE 2009’’ and inserting ‘‘, 2009, or 2010’’; and and inserting ‘‘September 30, 2010’’. FOR LOW-INCOME PROGRAMS. (2) in subclause (III), by striking ‘‘January (b) SPECIAL RULE FOR FISCAL YEAR 2010.— (a) ADDITIONAL FUNDING FOR STATE HEALTH 1, 2010’’ and inserting ‘‘January 1, 2011’’. For purposes of implementation of the INSURANCE PROGRAMS.—Subsection (a)(1)(B) (b) PERMITTING ALL SOLE COMMUNITY HOS- amendment made by subsection (a), includ- of section 119 of the Medicare Improvements PITALS TO BE ELIGIBLE FOR HOLD HARM- ing (notwithstanding paragraph (3) of section for Patients and Providers Act of 2008 (42 LESS.—Section 1833(t)(7)(D)(i)(III) of the So- 117(a) of the Medicare, Medicaid, and SCHIP U.S.C. 1395b–3 note) is amended by striking cial Security Act (42 U.S.C. Extension Act of 2007 (Public Law 110–173), as ‘‘(42 U.S.C. 1395w–23(f))’’ and all that follows 1395l(t)(7)(D)(i)(III)) is amended by adding at amended by section 124(b) of the Medicare through the period at the end and inserting the end the following new sentence: ‘‘In the Improvements for Patients and Providers ‘‘(42 U.S.C. 1395w–23(f)), to the Centers for case of covered OPD services furnished on or Act of 2008 (Public Law 110–275)) for purposes Medicare & Medicaid Services Program Man- after January 1, 2010, and before January 1, of the implementation of paragraph (2) of agement Account— 2011, the preceding sentence shall be applied such section 117(a), during fiscal year 2010, ‘‘(i) for fiscal year 2009, of $7,500,000; and without regard to the 100-bed limitation.’’. the Secretary of Health and Human Services ‘‘(ii) for fiscal year 2010, of $6,000,000. SEC. 810. EHR CLARIFICATION. (in this subsection referred to as the ‘‘Sec- Amounts appropriated under this subpara- (a) QUALIFICATION FOR CLINIC-BASED PHYSI- retary’’) shall use the hospital wage index graph shall remain available until ex- CIANS.— that was promulgated by the Secretary in pended.’’.

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(b) ADDITIONAL FUNDING FOR AREA AGEN- of the enactment of the American Workers, (5) in subsection (a)(4)— CIES ON AGING.—Subsection (b)(1)(B) of such State, and Business Relief Act of 2010’’. (A) by inserting ‘‘(or, in the case of sub- section 119 is amended by striking ‘‘(42 SEC. 825. REVISION TO THE MEDICARE IMPROVE- paragraph (D), shall not be due)’’ after U.S.C. 1395w–23(f))’’ and all that follows MENT FUND. ‘‘made’’ in the matter preceding subpara- through the period at the end and inserting Section 1898(b)(1) of the Social Security graph (A), ‘‘(42 U.S.C. 1395w–23(f)), to the Administra- Act (42 U.S.C. 1395iii(b)(1)), as amended by (B) by striking subparagraph (A) and in- tion on Aging— section 1011(b) of the Department of Defense serting the following: ‘‘(i) for fiscal year 2009, of $7,500,000; and Appropriations Act, 2010 (Public Law 111– ‘‘(A) in the case of an individual entitled to ‘‘(ii) for fiscal year 2010, of $6,000,000. 118), is amended— a benefit specified in paragraph (1)(B)(i) or Amounts appropriated under this subpara- (1) in subparagraph (A), by striking paragraph (1)(B)(ii)(VIII) if— graph shall remain available until ex- ‘‘$20,740,000,000’’ and inserting ‘‘(i) for the most recent month of such in- pended.’’. ‘‘$2,940,000,000’’; and dividual’s entitlement in the applicable 3- (c) ADDITIONAL FUNDING FOR AGING AND (2) in subparagraph (B), by striking month period described in paragraph (1); or DISABILITY RESOURCE CENTERS.—Subsection ‘‘$550,000,000’’ and inserting ‘‘$4,550,000,000’’. ‘‘(ii) for any month thereafter which is be- (c)(1)(B) of such section 119 is amended by Mr. SANDERS (for himself, fore the month after the month of the pay- striking ‘‘(42 U.S.C. 1395w–23(f))’’ and all that SA 3353. ment; Mr. DODD, Mr. WHITEHOUSE, Mr. LEAHY, follows through the period at the end and in- such individual’s benefit under such para- and Mrs. GILLIBRAND) submitted an serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- graph was not payable by reason of sub- ministration on Aging— amendment intended to be proposed to section (x) or (y) of section 202 of the Social ‘‘(i) for fiscal year 2009, of $5,000,000; and amendment SA 3336 proposed by Mr. Security Act (42 U.S.C. 402) or section 1129A ‘‘(ii) for fiscal year 2010, of $6,000,000. BAUCUS to the bill H.R. 4213, to amend of such Act (42 U.S.C. 1320a–8a);’’, Amounts appropriated under this subpara- the Internal Revenue Code of 1986 to (C) in subparagraph (B), by striking ‘‘3 graph shall remain available until ex- extend certain expiring provisions, and month period’’ and inserting ‘‘applicable 3- pended.’’. for other purposes; which was ordered month period’’, (d) ADDITIONAL FUNDING FOR CONTRACT (D) by striking subparagraph (C) and in- WITH THE NATIONAL CENTER FOR BENEFITS to lie on the table; as follow: serting the following: AND OUTREACH ENROLLMENT.—Subsection On page 268, between lines 11 and 12, insert ‘‘(C) in the case of an individual entitled to (d)(2) of such section 119 is amended by strik- the following: ing ‘‘(42 U.S.C. 1395w–23(f))’’ and all that fol- SEC. ll. EXTENSION AND MODIFICATION OF a benefit specified in paragraph (1)(C) if— lows through the period at the end and in- CERTAIN ECONOMIC RECOVERY ‘‘(i) for the most recent month of such in- serting ‘‘(42 U.S.C. 1395w–23(f)), to the Ad- PAYMENTS. dividual’s eligibility in the applicable 3- (a) SHORT TITLE.—This section may be ministration on Aging— month period described in paragraph (1); or cited as the ‘‘Emergency Senior Citizens Re- ‘‘(ii) for any month thereafter which is be- ‘‘(i) for fiscal year 2009, of $5,000,000; and lief Act of 2010’’. ‘‘(ii) for fiscal year 2010, of $2,000,000. fore the month after the month of the pay- (b) EXTENSION AND MODIFICATION OF PAY- ment; Amounts appropriated under this subpara- MENTS.—Section 2201 of the American Recov- graph shall remain available until ex- ery and Reinvestment Tax Act of 2009 is such individual’s benefit under such para- pended.’’. amended— graph was not payable by reason of sub- SEC. 821. FAMILY-TO-FAMILY HEALTH INFORMA- (1) in subsection (a)(1)(A)— section (e)(1)(A) or (e)(4) of section 1611 (42 TION CENTERS. (A) by inserting ‘‘for each of calendar years U.S.C. 1382) or section 1129A of such Act (42 Section 501(c)(1)(A)(iii) of the Social Secu- 2009 and 2010’’ after ‘‘shall disburse’’, U.S.C. 1320a–8a); or’’, rity Act (42 U.S.C. 701(c)(1)(A)(iii)) is amend- (B) by inserting ‘‘(for purposes of payments (E) by striking subparagraph (D) and in- ed by striking ‘‘fiscal year 2009’’ and insert- made for calendar year 2009), or the 3-month serting the following: ing ‘‘each of fiscal years 2009 through 2011’’. period ending with the month which ends ‘‘(D) in the case of any individual whose SEC. 822. IMPLEMENTATION FUNDING. prior to the month that includes the date of date of death occurs— For purposes of carrying out the provisions the enactment of the Emergency Senior Citi- ‘‘(i) before the date of the receipt of the of, and amendments made by, this title that zens Relief Act of 2010 (for purposes of pay- payment; or relate to titles XVIII and XIX of the Social ments made for calendar year 2010)’’ after ‘‘(ii) in the case of a direct deposit, before Security Act, there are appropriated to the ‘‘the date of the enactment of this Act’’, and the date on which such payment is deposited Secretary of Health and Human Services for (C) by adding at the end the following new into such individual’s account.’’, the Centers for Medicare & Medicaid Serv- sentence: ‘‘In the case of an individual who is (F) by adding at the end the following flush ices Program Management Account, from eligible for a payment under the preceding sentence: amounts in the general fund of the Treasury sentence by reason of entitlement to a ben- ‘‘In the case of any individual whose date of not otherwise appropriated, $100,000,000. efit described in subparagraph (B)(i), no such death occurs before a payment is negotiated Amounts appropriated under the preceding payment shall be made to such individual for (in the case of a check) or deposited (in the sentence shall remain available until ex- calendar year 2010 unless such individual was case of a direct deposit), such payment shall pended. paid a benefit described in such subpara- not be due and shall not be reissued to the SEC. 823. STATE COURT IMPROVEMENT PRO- graph (B)(i) for any month in the 12-month estate of such individual or to any other per- GRAM. Section 438 of the Social Security Act (42 period ending with the month which ends son.’’, and U.S.C. 629h) is amended— prior to the month that includes the date of (G) by adding at the end, as amended by (1) in subsection (c)(2)(A), by striking the enactment of the Emergency Senior Citi- subparagraph (F), the following new sen- ‘‘2010’’ and inserting ‘‘2011’’; and zens Relief Act of 2010.’’, tence: ‘‘Subparagraphs (A)(ii) and (C)(ii) (2) in subsection (e), by striking ‘‘2010’’ and (2) in subsection (a)(1)(B)(iii), by inserting shall apply only in the case of certifications inserting ‘‘2011’’. ‘‘(for purposes of payments made under this under subsection (b) which are, or but for paragraph for calendar year 2009), or the 3- this paragraph would be, made after the date SEC. 824. EXTENSION OF GAINSHARING DEM- ONSTRATION. month period ending with the month which of the enactment of Emergency Senior Citi- (a) IN GENERAL.—Subsection (d)(3) of sec- ends prior to the month that includes the zens Relief Act of 2010, and shall apply to tion 5007 of the Deficit Reduction Act of 2005 date of the enactment of the Emergency Sen- such certifications without regard to the cal- (Public Law 109–171) is amended by inserting ior Citizens Relief Act of 2010 (for purposes of endar year of the payments to which such ‘‘(or 21 months after the date of the enact- payments made under this paragraph for cal- certifications apply.’’. ment of the American Workers, State, and endar year 2010)’’ before the period at the (6) in subsection (a)(5)— Business Relief Act of 2010, in the case of a end, (A) by inserting ‘‘, in the case of payments demonstration project in operation as of Oc- (3) in subsection (a)(2)— for calendar year 2009, and no later than 120 tober 1, 2008)’’ after ‘‘December 31, 2009’’. (A) by inserting ‘‘, or who are utilizing a days after the date of the enactment of the (b) FUNDING.— foreign or domestic Army Post Office, Fleet Emergency Senior Citizens Relief Act of 2010, (1) IN GENERAL.—Subsection (f)(1) of such Post Office, or Diplomatic Post Office ad- in the case of payments for calendar year section is amended by inserting ‘‘and for fis- dress’’ after ‘‘Northern Mariana Islands’’, 2010’’ before the period at the end of the first cal year 2010, $1,600,000,’’ after ‘‘$6,000,000,’’. and sentence of subparagraph (A), and (2) AVAILABILITY.—Subsection (f)(2) of such (B) by striking ‘‘current address of record’’ (B) by striking subparagraph (B) and in- section is amended by striking ‘‘2010’’ and in- and inserting ‘‘address of record, as of the serting the following: serting ‘‘2014 or until expended’’. date of certification under subsection (b) for ‘‘(B) DEADLINE.—No payment for calendar (c) REPORTS.— a payment under this section’’, year 2009 shall be disbursed under this sec- (1) QUALITY IMPROVEMENT AND SAVINGS.— (4) in subsection (a)(3)— tion after December 31, 2010, and no payment Subsection (e)(3) of such section is amended (A) by inserting ‘‘per calendar year (deter- for calendar year 2010 shall be disbursed by striking ‘‘December 1, 2008’’ and inserting mined with respect to the calendar year for under this section after December 31, 2011, ‘‘18 months after the date of the enactment which the payment is made, and without re- regardless of any determinations of entitle- of the American Workers, State, and Busi- gard to the date such payment is actually ment to, or eligibility for, such payment ness Relief Act of 2010’’. paid to such individual)’’ after ‘‘only 1 pay- made after whichever of such dates is appli- (2) FINAL REPORT.—Subsection (e)(4) of ment under this section’’, and cable to such payment.’’, such section is amended by striking ‘‘May 1, (B) by inserting ‘‘FOR THE SAME YEAR’’ after (7) in subsection (b), by inserting ‘‘(except 2010’’ and inserting ‘‘42 months after the date ‘‘PAYMENTS’’ in the heading thereof, that such certification shall be affected by a

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Mr. WHITEHOUSE (for him- jobs; nied certification for such a payment for self, Mr. SCHUMER, and Mr. BINGAMAN) (2) unchecked use of energy resources poses such calendar year by reason of subpara- submitted an amendment intended to a significant threat to the national security, economy, public health, and welfare of the graph (A)(ii) or (C)(ii) of subsection (a)(4) be proposed by him to the bill H.R. (unless such individual is subsequently de- people of the United States, the well-being of termined not to have been an individual de- 4213, to amend the Internal Revenue other nations, and the global environment; scribed in either such subparagraph at the Code of 1986 to extend certain expiring (3) prompt, decisive action is critical to en- time of such denial)’’ before the period at the provisions, and for other purposes; courage energy efficiency and conservation end of the last sentence, which was ordered to lie on the table; and the development of renewable energy (8) in subsection (c), by striking paragraph as follows: sources for housing, commercial structures, and other buildings, and to create sustain- (4) and inserting the following: On page 269, after line 6, insert the fol- AYMENTS SUBJECT TO OFFSET AND REC- able communities; and ‘‘(4) P lowing: LAMATION.—Notwithstanding paragraph (3), (4) it is possible and desirable to reduce en- any payment made under this section— SEC. 801. SHORT TITLE AND TABLE OF CON- ergy consumption in the United States while TENTS. ‘‘(A) shall, in the case of a payment by di- employing— rect deposit which is made after the date of (a) SHORT TITLE.—This title may be cited (A) cost containment measures; the enactment of the Emergency Senior Citi- as the ‘‘Energy Efficiency in Housing Act of (B) periodic review of requirements; zens Relief Act of 2010, be subject to the rec- 2010’’. (C) an aggressive program for deploying ad- lamation provisions under subpart B of part (b) TABLE OF CONTENTS.—The table of con- vanced energy technology; and 210 of title 31, Code of Federal Regulations tents for this title is as follows: (D) programs to assist low- and middle-in- (relating to reclamation of benefit pay- Sec. 801. Short title and table of contents. come energy consumers. ments); and Sec. 802. Findings and purposes. (b) PURPOSES.—The purposes of this title ‘‘(B) shall not, for purposes of section 3716 Sec. 803. Definitions. are— of title 31, United States Code, be considered Sec. 804. Implementation of energy effi- (1) to encourage the use of energy effi- a benefit payment or cash benefit made ciency participation incentives ciency and conservation methods in Federal under the applicable program described in for HUD programs. housing programs; subparagraph (B) or (C) of subsection (a)(1), Sec. 805. Incentives for energy efficient (2) to expand the use of energy efficient and all amounts paid shall be subject to off- mortgages and location effi- mortgages; set under such section 3716 to collect delin- cient mortgages. (3) to provide for the development and in- quent debts.’’, Sec. 806. Mortgage incentives for energy ef- stallation of renewable energy sources for (9) in subsection (e)— ficient multifamily housing. housing, commercial structures, and other (A) by striking ‘‘2011’’ and inserting ‘‘2012’’, Sec. 807. Energy efficiency and conservation buildings; (B) by inserting ‘‘section lll(c) of the demonstration program for (4) to create sustainable communities; Emergency Senior Citizens Relief Act of multifamily housing projects (5) to support the creation of a stable 2010,’’ after ‘‘section 2202,’’ in paragraph (1), assisted with project-based ‘‘green jobs’’ sector by increasing demand for and rental assistance. energy efficient products and professionals (C) by adding at the following new para- Sec. 808. Additional credit for Fannie Mae with expertise in green building standards; graph: and Freddie Mac housing goals and ‘‘(5)(A) For the Secretary of the Treasury, for energy efficient mortgages. (6) to achieve these goals while preserving an additional $5,200,000 for purposes de- Sec. 809. Duty to serve underserved markets the development, benefits, and affordability scribed in paragraph (1). for energy efficient and loca- of Federal housing programs. ‘‘(B) For the Commissioner of Social Secu- tion efficient mortgages. SEC. 803. DEFINITIONS. rity, an additional $5,000,000 for the purposes Sec. 810. Consideration of energy efficiency In this title, the following definitions shall described in paragraph (2)(B). under FHA mortgage insurance apply: ‘‘(C) For the Railroad Retirement Board, programs and Native American (1) ENERGY AUDIT.—The term ‘‘energy an additional $600,000 for the purposes de- and Native Hawaiian loan guar- audit’’ means an investment grade energy scribed in paragraph (3)(B). antee programs. audit conducted for purposes of paragraph ‘‘(D) For the Secretary of Veterans Affairs, Sec. 811. Energy efficient mortgages edu- (2)(B)(iii), in accordance with such standards an additional $625,000 for the Information cation and outreach campaign. as the Secretary shall establish, after op- Systems Technology account’’. Sec. 812. Collection of information on en- tional consultation with any advisory com- (c) EXTENSION OF SPECIAL CREDIT FOR CER- ergy efficient and location effi- mittee established pursuant to section TAIN GOVERNMENT RETIREES.— cient mortgages through Home 807(c)(2) of this title. (1) IN GENERAL.—In the case of an eligible Mortgage Disclosure Act. (2) ENHANCED ENERGY EFFICIENCY STAND- individual (as defined in section 2202(b) of Sec. 813. Energy efficiency certifications for ARDS.—The term ‘‘enhanced energy effi- the American Recovery and Reinvestment housing with mortgages insured ciency standards’’ means any one of the fol- Tax Act of 2009, applied by substituting by FHA. lowing: ‘‘2010’’ for ‘‘2009’’), with respect to the first Sec. 814. Assisted housing energy loan pilot (A) GREEN BUILDING STANDARDS.—Green taxable year of such individual beginning in program. building standards, as that term is defined in 2010, section 2202 of the American Recovery Sec. 815. HOPE VI green developments re- paragraph (3). and Reinvestment Tax Act of 2009 shall be quirement. (B) RESIDENTIAL STRUCTURES.—In the case applied by substituting ‘‘2010’’ for ‘‘2009’’ Sec. 816. Consideration of energy efficiency of a residential single family or multifamily each place it appears. improvements in appraisals. structure, standards established by the Sec- (2) CONFORMING AMENDMENT.—Subsection Sec. 817. Additional requirements for the retary, by regulation, that— (c) of section 36A of the Internal Revenue Housing Assistance Council. (i) impose requirements additional to, or Code of 1986 is amended by inserting ‘‘, and Sec. 818. Rural housing and economic devel- more stringent than, minimum energy effi- any credit allowed to the taxpayer under sec- opment assistance. ciency standards, as that term is defined in tion lll(c)(1) of the Emergency Senior Sec. 819. Revolving fund for loans to States paragraph (6); Citizens Relief Act of 2010’’ after ‘‘the Amer- and Indian tribes to carry out (ii) in the case of a newly constructed ican Recovery and Reinvestment Tax Act of renewable energy sources ac- structure, are identical to the Energy Star 2009’’. tivities. standards established by the Environmental (d) EFFECTIVE DATE.— Sec. 820. Competitive grant program to in- Protection Agency, or any successor thereto (1) IN GENERAL.—Except as otherwise pro- crease sustainable low-income adopted by the Secretary by regulation; vided in this subsection, the amendments community development capac- (iii) in the case of an existing structure, re- made by this section shall take effect on the ity. quire a reduction in energy consumption date of the enactment of this Act. Sec. 821. Insurance coverage for loans for fi- from the previous level of consumption for (2) APPLICATION OF RULE RELATING TO DE- nancing of renewable energy the structure, as determined in accordance CEASED INDIVIDUALS.—The amendment made systems leased for residential with energy audits performed both before by subsection (a)(5)(F) shall take effect as if use. and after any rehabilitation or improve- included in section 2201 of the American Re- Sec. 822. Green banking centers. ments undertaken to reduce such consump- covery and Reinvestment Tax Act of 2009. Sec. 823. GAO reports on availability of af- tion, that exceeds the reduction necessary (e) EMERGENCY DESIGNATION.—For purposes fordable mortgages. for compliance with minimum energy effi- of Senate enforcement, this section is des- Sec. 824. Public housing energy cost report. ciency standards.

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(C) NONRESIDENTIAL STRUCTURES.—In the (A) IN GENERAL.—The term ‘‘minimum en- (8) SECRETARY.—The term ‘‘Secretary’’, un- case of a nonresidential structure, include ergy efficiency standards’’ has the meaning less otherwise specified, means the Secretary such energy efficiency and conservation re- given that term by regulations of the Sec- of Housing and Urban Development. quirements, standards, checklists, or rating retary. SEC. 804. IMPLEMENTATION OF ENERGY EFFI- systems for nonresidential structures as the (B) REGULATIONS FOR RESIDENTIAL STRUC- CIENCY PARTICIPATION INCEN- TIVES FOR HUD PROGRAMS. Secretary determines are necessary. TURES.—Regulations issued by the Secretary (3) GREEN BUILDING STANDARDS.—The term under subparagraph (A) shall, in the case of Not later than 180 days after the date of enactment of this title, the Secretary shall ‘‘green building standards’’ means systems a residential single family or multifamily issue such regulations as may be necessary and standards for residential and nonresiden- structure— to establish annual energy efficiency partici- tial structures that are established or adopt- (i) require the structure to comply with ed by the Secretary, by regulation, and pation incentives to encourage participants the applicable provisions of the American in programs administered by the Secretary, that— Society of Heating, Refrigerating, and Air- (A) require the use of sustainable design including recipients under programs for Conditioning Engineers Standard 90.1–2007, principles to— which HUD assistance is provided, to achieve or any successor thereto adopted by the Sec- (i) reduce the use of nonrenewable re- substantial improvements in energy effi- retary, by regulation; sources; ciency. (ii) encourage energy efficient construc- (ii) require the structure to comply with SEC. 805. INCENTIVES FOR ENERGY EFFICIENT tion and rehabilitation and the use of renew- the applicable provisions of the 2009 Inter- MORTGAGES AND LOCATION EFFI- able energy resources; national Energy Conservation Code, or any CIENT MORTGAGES. (a) IN GENERAL.—The Secretary shall es- (iii) minimize the impact of development successor thereto adopted by the Secretary, tablish budget-neutral incentives for encour- on the environment; by regulation; aging lenders to make, and homebuyers and (iv) improve indoor air quality; (iii) in the case of an existing structure— homeowners to participate in, energy effi- (v) maximize water conservation; and (I) where the Secretary determines such cient mortgages and location efficient mort- (vi) encourage the selection of building action is cost effective, require— gages. materials that reduce adverse impacts on the (aa) the structure to have undergone reha- bilitation or improvements that are com- (b) INCENTIVES.—The incentives required environment; under subsection (a) may include— pleted after the date of enactment of this (B) impose requirements additional to, or (1) fee reductions; title; and more stringent than, minimum energy effi- (2) fee waivers; (bb) the energy consumption for the struc- ciency standards, as that term is defined in (3) interest rate reductions; and ture to have been reduced by not less than 20 paragraph (6); (4) adjustment of mortgage qualifications. (C) include— percent from the previous level of consump- (c) ADDITIONAL CONSIDERATION.—In estab- (i) the national Green Communities cri- tion, as determined in accordance with en- lishing the incentives required under sub- teria checklist for residential construction, ergy audits performed both before and after section (a), the Secretary shall consider the which provides criteria for the design, devel- any rehabilitation or improvements under- lower risk of default on energy efficient opment, and operation of affordable housing, taken to reduce such consumption; mortgages and location efficient mortgages or any successor thereto adopted by the Sec- (II) if the structure has 4 stories or more, in comparison to mortgages that are not en- retary by regulation; require the structure to demonstrate a 20 ergy efficient or location efficient. (ii) the Leadership in Energy and Environ- percent improvement in the proposed build- (d) DEFINITIONS.—The terms ‘‘energy effi- mental Design (LEED) certification for new ing performance rating when compared to a cient mortgage’’ and ‘‘location efficient construction, the LEED for Homes rating baseline building performance rating result- mortgage’’ have the same meaning as in sec- system, the LEED for Core and Shell rating ing from a whole building project simulation tion 1335(e) of the Federal Housing Enter- system, as applicable, or any successors conducted in accordance with the Building prises Financial Safety and Soundness Act of thereto adopted by the Secretary by regula- Performance Rating Method in Appendix G 1992 (12 U.S.C. 4565(e)) (as added by section tion; of American Society of Heating, Refrig- 808 of this title). (iii) the Green Globes assessment and rat- erating, and Air-Conditioning Engineers SEC. 806. MORTGAGE INCENTIVES FOR ENERGY ing system of the Green Building Initiative; Standard 90.1–2004, or any successor thereto EFFICIENT MULTIFAMILY HOUSING. (iv) in the case of manufactured housing, adopted by the Secretary, by regulation; and (a) IN GENERAL.—The Secretary shall es- the Energy Star standards established by the (III) if the structure has fewer than 4 sto- tablish— Environmental Protection Agency with re- ries, require the structure to demonstrate, (1) incentives for increasing the energy ef- spect to fixtures, appliances, and equipment by modeling based on the Home Energy Rat- ficiency of multifamily housing that is sub- ject to a mortgage to be insured under title in such housing, or any successor thereto ing System Index of the Residential Energy adopted by the Secretary by regulation; II of the National Housing Act (12 U.S.C. 1707 Services Network, a 20 percent improvement (v) the National Green Building Standard, et seq.) so that such housing meets minimum in the proposed building performance rating; only— energy standards; and and (I) if such standard is ratified under the (2) incentives to encourage compliance of (iv) require the structure to comply with American National Standards Institute proc- such housing with enhanced energy effi- any provisions of such other energy effi- ess; ciency standards, to the extent that such in- (II) upon expiration of the 180-day period ciency requirements, standards, checklists, centives are based on the impact that sav- beginning upon such ratification; and or ratings systems as the Secretary deter- ings on utility costs have on the operating (III) if, during such 180-day period, the Sec- mines are necessary for a specific type of res- costs of the housing, as determined by the retary does not reject the applicability of idential single family or multifamily struc- Secretary. such standard for purposes of this paragraph; ture; and (b) INCENTIVES.—The incentives required and (C) REGULATIONS FOR NONRESIDENTIAL under subsection (a) may include, for any (vi) any other requirement, standard, STRUCTURES.—Regulations issued by the Sec- such multifamily housing that meets min- checklist, or rating system for green build- retary under subparagraph (a) shall, in the imum energy efficiency standards— ing or sustainability that the Secretary— case of a nonresidential structure that is (1) providing a discount on the chargeable (I) determines is necessary for a specific constructed or rehabilitated with HUD as- premiums for the mortgage insurance for type of residential single family or multi- sistance— such housing from the amount otherwise family structure; or (i) require the structure to be not less than chargeable for such mortgage insurance; (II) may determine to adopt or apply not 30 percent more energy efficient than re- (2) allowing mortgages to exceed the dollar later than 180 days after the date of receipt quired by local residential and commercial amount limits otherwise applicable under of any written request, made in such form as building codes regarding energy efficiency; law to the extent such additional amounts the Secretary shall provide, for such adop- and are used to finance improvements or meas- tion and application; and (ii) require the structure to comply with ures designed to meet the standards referred (D) may be waived by the Secretary, if the such additional energy efficiency require- to in subsection (a); and Secretary determines that waiver of such ments, standards, checklists, or rating sys- (3) reducing the amount that the owner of regulations would promote enhanced energy tems as the Secretary determines are appli- such multifamily housing is required to con- efficiency or conservation. cable to nonresidential structures. tribute. (4) HUD.—The term ‘‘HUD’’ means the De- (7) NONRESIDENTIAL STRUCTURES.—The SEC. 807. ENERGY EFFICIENCY AND CONSERVA- partment of Housing and Urban Develop- term ‘‘nonresidential structures’’ means TION DEMONSTRATION PROGRAM FOR MULTIFAMILY HOUSING ment. only nonresidential structures that are ap- PROJECTS ASSISTED WITH (5) HUD ASSISTANCE.—The term ‘‘HUD as- purtenant to single family or multifamily PROJECT-BASED RENTAL ASSIST- sistance’’ means financial assistance that is housing residential structures, or those that ANCE. awarded, competitively or noncompetitively, are funded by the Secretary through the (a) AUTHORITY.— allocated by formula, or provided by HUD HUD Community Development Block Grant (1) IN GENERAL.—For multifamily housing through loan insurance or guarantee. program established under title I of the projects for which project-based rental as- (6) MINIMUM ENERGY EFFICIENCY STAND- Housing and Community Development Act of sistance is provided under a covered multi- ARDS.— 1974 (42 U.S.C. 5301 et seq.). family assistance program, the Secretary

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S961 shall, subject to the availability of amounts tions, State housing finance agencies, and for each year thereafter during the term of provided in advance in appropriation Acts, advocacy organizations for low-income indi- the demonstration program, the Secretary carry out a program to demonstrate the ef- viduals, the elderly, and persons with dis- shall submit to Congress a report that de- fectiveness of funding a portion of the costs abilities; and scribes and assesses the demonstration pro- of meeting enhanced energy efficiency stand- (B) are not subject to the Federal Advisory gram under this section. ards. Committee Act (5 U.S.C. App.). (2) FINAL REPORT.—Not later than 6 months (2) INDIAN HOUSING.—At the discretion of (3) Develop a competitive process for the after the expiration of the 4-year period de- the Secretary, the demonstration program award of such additional assistance for mul- scribed in subsection (d), the Secretary shall required under paragraph (1) may include in- tifamily housing projects seeking to imple- submit to Congress a final report assessing centives for housing that is assisted with In- ment energy efficiency, renewable energy the demonstration program that— dian housing block grants provided pursuant sources, or conservation measures. (A) assesses the potential for expanding to the Native American Housing Assistance (4) Waive or modify any existing Federal the demonstration program on a nationwide and Self-Determination Act of 1996 (25 U.S.C. regulatory provision that would otherwise basis; and 4101 et seq.), but only to the extent that such impair the implementation or effectiveness (B) includes descriptions of— inclusion does not violate such Act, regula- of the demonstration program under this (i) the size of each multifamily housing tions promulgated pursuant to such Act, and section, including provisions relating to project for which assistance was provided the goal of such Act of tribal self-determina- methods for rent adjustments, comparability under the program; tion. standards, maximum rent schedules, and (ii) the geographic location of each project (b) GOALS.—The demonstration program utility allowances. Notwithstanding the pre- assisted, by State and region; under this section shall be carried out in a ceding provisions of this paragraph, the Sec- (iii) the criteria used to select the projects manner that— retary may not waive any statutory require- for which assistance is provided under the (1) protects the financial interests of the ment relating to fair housing, non- program; Federal Government; discrimination, labor standards, or the envi- (iv) the energy efficiency and conservation (2) reduces the proportion of funds provided ronment, except pursuant to existing author- measures and financing sources used for each by the Federal Government and by owners ity to waive nonstatutory environmental project that is assisted under the program; and residents of multifamily housing and other applicable requirements. (v) the difference, before and during par- projects that are used for costs of utilities (d) REQUIREMENT.—During the 4-year pe- ticipation in the demonstration program, in for such projects; riod beginning 12 months after the date of the amount of the monthly assistance pay- (3) encourages energy efficiency and con- enactment of this title, the Secretary shall ments under the covered multifamily assist- servation by owners and residents of multi- carry out demonstration programs under ance program for each project assisted under family housing projects and installation of this section with respect to not fewer than the program; renewable energy improvements, such as im- 50,000 dwelling units. (vi) the average length of the term of the provements providing for use of solar, wind, (e) SELECTION.— assistance provided under the program for a geothermal, or biomass energy sources; (1) SCOPE.— project; (4) creates incentives for project owners to (A) IN GENERAL.—In order to provide a (vii) the aggregate amount of savings gen- carry out such energy efficiency renovations broad and representative profile for use in erated by the demonstration program and and improvements by allowing a portion of designing a program which can become oper- the amount of savings expected to be gen- the savings in operating costs resulting from ational and effective nationwide, the Sec- erated by the program over time on a per- such renovations and improvements to be re- retary shall carry out the demonstration unit and aggregate program basis; tained by the project owner, notwith- program under this section with respect to (viii) the functions performed in connec- standing otherwise applicable limitations on dwelling units located in a wide variety of tion with the implementation of the dem- dividends; geographic areas and project types assisted onstration program that were transferred or (5) allows project owners and tenants to by the various covered multifamily assist- contracted out to any third parties; share the savings in operating costs result- ance programs and using a variety of energy (ix) an evaluation of the overall successes ing from such renovations and improvements efficiency and conservation and funding and failures of the demonstration program; in accordance with an appropriate ratio; techniques to reflect differences in climate, and (6) promotes the installation, in existing types of dwelling units, technical and sci- (x) recommendations for any actions to be residential buildings, of energy efficient and entific methodologies, and financing options. taken as a result of such successes and fail- cost-effective improvements and renewable (B) INDIAN LANDS.—The Secretary shall en- ures. energy improvements, such as improvements sure that the geographic areas included in (3) CONTENTS.—Each annual report pursu- providing for use of solar, wind, geothermal, the demonstration program under this sec- ant to paragraph (1) and the final report pur- or biomass energy sources; tion include dwelling units on Indian lands suant to paragraph (2) shall include— (7) tests the efficacy of a variety of energy (as that term is defined in section 2601 of the (A) a description of the status of each mul- efficiency measures for multifamily housing Energy Policy Act of 1992 (25 U.S.C. 3501)), to tifamily housing project selected for partici- projects of various sizes and in various geo- the extent that dwelling units on Indian land pation in the demonstration program under graphic locations; have the type of residential structures that this section; and (8) tests methods for addressing the var- are the focus of the demonstration program. (B) findings from the program and rec- ious, and often competing, incentives that (2) PRIORITY.—The Secretary shall provide ommendations for any legislative actions. impede owners and residents of multifamily priority for selection for participation in the housing projects from working together to program under this section based on the ex- (h) COVERED MULTIFAMILY ASSISTANCE PRO- achieve energy efficiency or conservation; tent to which, as a result of assistance pro- GRAM.—For purposes of this section, the and vided, the project will meet minimum energy term ‘‘covered multifamily assistance pro- (9) creates a database of energy efficiency efficiency standards or enhanced energy effi- gram’’ means— and conservation, and renewable energy, ciency standards. (1) the program under section 8 of the techniques, energy savings management (f) USE OF EXISTING PARTNERSHIPS.—To the United States Housing Act of 1937 (42 U.S.C. practices, and energy efficiency and con- extent feasible, the Secretary shall— 1437f) for project-based rental assistance; servation financing vehicles. (1) utilize the Partnership for Advancing (2) the program under section 202 of the (c) APPROACHES.—In carrying out the dem- Technology in Housing of the Department of Housing Act of 1959 (12 U.S.C. 1701q) for as- onstration program under this section, the Housing and Urban Development to assist in sistance for supportive housing for the elder- Secretary may take the following actions: carrying out the requirements of this section ly; (1) Enter into agreements with the Build- and to provide education and outreach re- (3) the program under section 811 of the ing America Program of the Department of garding the demonstration program author- Cranston-Gonzalez National Affordable Energy and other consensus committees ized under this section; and Housing Act (42 U.S.C. 8013) for supportive under which such programs, partnerships, or (2) consult with the Secretary of Energy, housing for persons with disabilities; and committees assume some or all of the func- the Administrator of the Environmental (4) the program for assistance under the tions, obligations, and benefits of the Sec- Protection Agency, and the Secretary of the Native American Housing Assistance and retary with respect to energy savings. Army regarding utilizing the Building Amer- Self-Determination Act of 1996 (25 U.S.C. (2) Establish advisory committees to ad- ica Program of the Department of Energy, 4111). vise the Secretary and any such third party the Energy Star Program, and the Army (i) AUTHORIZATION OF APPROPRIATIONS.— partners on technological and other develop- Corps of Engineers, respectively, to deter- There is authorized to be appropriated to ments in the area of energy efficiency and mine the manner in which such programs carry out this section $50,000,000 for each fis- the creation of an energy efficiency and con- might assist in carrying out the goals of this cal year in which the demonstration pro- servation credit facility and other financing section and providing education and out- gram under this section is carried out. opportunities that— reach regarding the demonstration program (A) include representatives of home- authorized under this section. (j) REGULATIONS.—Not later than 180 days builders, realtors, architects, nonprofit hous- (g) REPORTS.— after the date of enactment of this title, the ing organizations, environmental protection (1) ANNUAL REPORT.—Not later than 2 years Secretary shall issue any regulations nec- organizations, renewable energy organiza- after the date of enactment of this title, and essary to carry out this section.

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SEC. 808. ADDITIONAL CREDIT FOR FANNIE MAE ‘‘(2) LOCATION EFFICIENT MORTGAGE.—The (B) by inserting after subsection (k) the AND FREDDIE MAC HOUSING GOALS term ‘location efficient mortgage’ means a following: FOR ENERGY EFFICIENT MORT- mortgage loan under which— ‘‘(l) CONSIDERATION OF ENERGY EFFI- GAGES. ‘‘(A) the income of the borrower, for pur- CIENCY.—The Secretary shall establish a Section 1336(a) of the Housing and Commu- poses of qualification for such loan, is con- method to consider, in its underwriting nity Development Act of 1992 (12 U.S.C. sidered to be increased by— standards for loans for single family housing 4566(a)) is amended— ‘‘(i) not less than $1 for each $1 of savings that meet minimum energy efficiency stand- (1) in paragraph (2), by striking ‘‘paragraph projected to be realized by the borrower be- ards, as that term is defined in section 803 of (5)’’ and inserting ‘‘paragraphs (5) and (6)’’; cause the location of the home for which the the Energy Efficiency in Housing Act of 2010, and loan is made will result in decreased trans- that are guaranteed under this section, the (2) by adding at the end the following: portation costs for the household of the bor- impact that savings on utility costs has on ‘‘(6) ADDITIONAL ENERGY EFFICIENCY CRED- rower; or the portion of the income of the borrower IT.— ‘‘(ii) a ratio of income to savings deter- that is available to service the mortgage ‘‘(A) IN GENERAL.—In assigning credit to- mined by the Director; or debt.’’. ward achievement under this section of the ‘‘(B) the sum of the principal, interest, (2) REPORTING ON DEFAULTS.—Section housing goals for mortgage purchase activi- taxes, and insurance due under the mortgage 540(b)(2) of the National Housing Act (12 ties of the enterprises, the Director shall as- loan is decreased by— U.S.C. 1735f–18(b)(2)), as amended by sub- sign— ‘‘(i) not less than $1 for each $1 of savings section (a)(2) of this section, is amended by ‘‘(i) more than 125 percent credit, for pur- projected to be realized by the borrower be- adding at the end the following: chases that— cause the location of the home for which ‘‘(D) With respect to each collection period ‘‘(I) comply with the requirements of such loan is made will result in decreased trans- that commences after December 31, 2011— goals; and portation costs for the household of the bor- ‘‘(i) the total number of loans guaranteed ‘‘(II) support housing that meets minimum rower; or under section 184 of the Housing and Commu- energy efficiency standards, as that term is ‘‘(ii) a ratio of principal, interest, taxes, nity Development Act of 1992 (12 U.S.C. defined in section 803 of the Energy Effi- and insurance due under the mortgage to 1715z–13a) for single family housing that ciency in Housing Act of 2010; and savings projected to be realized by the bor- meets enhanced energy efficiency standards, ‘‘(ii) credit in addition to credit under rower determined by the Director.’’. as that term is defined in section 803 of the clause (i), for purchases that— SEC. 810. CONSIDERATION OF ENERGY EFFI- Energy Efficiency in Housing Act of 2010, ‘‘(I) comply with the requirements of such CIENCY UNDER FHA MORTGAGE IN- that are guaranteed by the Secretary during goals; and SURANCE PROGRAMS AND NATIVE the applicable collection period; ‘‘(II) support housing that complies with AMERICAN AND NATIVE HAWAIIAN ‘‘(ii) the number of defaults and fore- enhanced energy efficiency standards, as LOAN GUARANTEE PROGRAMS. closures that occur on such loans during (a) FHA MORTGAGE INSURANCE.— that term is defined in section 803 of such such period; (1) REQUIREMENT.—Title V of the National Act. ‘‘(iii) the percentage of the total number of Housing Act is amended by adding after sec- ‘‘(B) TREATMENT OF ADDITIONAL CREDIT.— such loans guaranteed during such period on tion 542 (12 U.S.C. 1735f–20) the following: The availability of additional credit under which defaults and foreclosures occurred; this paragraph shall not be used to increase ‘‘SEC. 543. CONSIDERATION OF ENERGY EFFI- and CIENCY. any housing goal, subgoal, or target estab- ‘‘(iv) the rate for such period of defaults ‘‘(a) UNDERWRITING STANDARDS.—In estab- lished under this subpart.’’. lishing underwriting standards for mort- and foreclosures on such loans compared to SEC. 809. DUTY TO SERVE UNDERSERVED MAR- gages on single family housing that meets the overall rate for such period of defaults KETS FOR ENERGY EFFICIENT AND minimum energy efficiency standards, as and foreclosures on loans for single family LOCATION EFFICIENT MORTGAGES. housing guaranteed under section 184 of such Section 1335 of the Federal Housing Enter- that term is defined in section 803 of the En- ergy Efficiency in Housing Act of 2010, that Act.’’. prises Financial Safety and Soundness Act of (c) NATIVE HAWAIIAN HOUSING LOAN GUAR- 1992 (12 U.S.C. 4565) is amended— are insured under this Act, the Secretary shall consider the impact that savings on ANTEES.— (1) in subsection (a)(1), by adding at the utility costs has on the income of the mort- (1) REQUIREMENT.—Section 184A of the end the following: gagor. Housing and Community Development Act of ‘‘(D) MARKETS FOR ENERGY EFFICIENT AND ‘‘(b) GOAL.—It is the sense of the Congress 1992 (12 U.S.C. 1715z–13b) is amended by add- LOCATION EFFICIENT MORTGAGES.— that, in carrying out this Act, the Secretary ing at the end the following: ‘‘(i) DUTY.—Except as provided in clause should endeavor to insure mortgages on sin- ‘‘(m) ENERGY EFFICIENT HOUSING REQUIRE- (ii), the enterprise shall develop loan prod- gle family housing that meets minimum en- MENT.—The Secretary shall establish a meth- ucts and flexible underwriting guidelines to ergy efficiency standards, as that term is de- od to consider, in its underwriting standards facilitate a secondary market for energy effi- fined in section 803 of the Energy Efficiency for loans for single family housing that cient and location efficient mortgages on in Housing Act of 2010, such that at least meets minimum energy efficiency standards, housing for very low-, low-, and moderate-in- 50,000 such mortgages are insured during the as that term is defined in section 803 of the come families, and for second and junior period beginning on the date of enactment of Energy Efficiency in Housing Act of 2010, mortgages made for purposes of energy effi- such Act and ending on December 31, 2012.’’. that are guaranteed under this section, the ciency or renewable energy improvements. (2) REPORTING ON DEFAULTS.—Section impact that savings on utility costs have on ‘‘(ii) AUTHORITY TO SUSPEND.—Notwith- 540(b)(2) of the National Housing Act (12 the income of the borrower.’’. standing any other provision of this section, U.S.C. 1735f–18(b)(2)) is amended by adding at (2) REPORTING ON DEFAULTS.—Section the Director may suspend the applicability the end the following: 540(b)(2) of the National Housing Act (12 of the requirement under clause (i) with re- ‘‘(C) With respect to each collection period U.S.C. 1735f–18(b)(2)), as amended by the pre- spect to an enterprise, for such period as is that commences after December 31, 2011— ceding provisions of this section, is amended necessary, if the Director determines that ‘‘(i) the total number of mortgages on sin- by adding at the end the following: exigent circumstances exist and such suspen- gle family housing that meets minimum en- ‘‘(E) With respect to each collection period sion is appropriate to ensure the safety and ergy efficiency standards, as that term is de- that commences after December 31, 2011— soundness of the portfolio holdings of the en- fined in section 803 of the Energy Efficiency ‘‘(i) the total number of loans guaranteed terprise.’’; in Housing Act of 2010, that are insured by under section 184A of the Housing and Com- (2) by adding at the end the following: the Secretary during the applicable collec- munity Development Act of 1992 (12 U.S.C. ‘‘(e) DEFINITIONS.—For purposes of this sec- tion period; 1715z–13b) on single family housing that tion, the following definitions shall apply: ‘‘(ii) the number of defaults and fore- meets enhanced energy efficiency standards, ‘‘(1) ENERGY EFFICIENT MORTGAGE.—The closures occurring on such mortgages during as that term is defined in section 803 of the term ‘energy efficient mortgage’ means a such period; Energy Efficiency in Housing Act of 2010, mortgage loan under which the income of ‘‘(iii) the percentage of the total of such that are guaranteed by the Secretary during the borrower, for purposes of qualification mortgages insured during such period on the applicable collection period; for such loan, is considered to be increased which defaults and foreclosure occurred; and ‘‘(ii) the number of defaults and fore- by— ‘‘(iv) the rate for such period of defaults closures occurring on such loans during such ‘‘(A) not less than $1 for each $1 of savings and foreclosures on such mortgages com- period; projected to be realized by the borrower as a pared to the overall rate for such period of ‘‘(iii) the percentage of the total of such result of cost-effective energy saving design, defaults and foreclosures on mortgages for loans guaranteed during such period on construction, or improvements (including single family housing insured under this Act which defaults and foreclosures occurred; use of renewable energy sources, such as by the Secretary.’’. and solar, geothermal, biomass, and wind, super- (b) INDIAN HOUSING LOAN GUARANTEES.— ‘‘(iv) the rate for such period of defaults insulation, energy-saving windows, insu- (1) REQUIREMENT.—Section 184 of the Hous- and foreclosures on such loans compared to lating glass and film, and radiant barrier) for ing and Community Development Act of 1992 the overall rate for such period of defaults the home for which the loan is made; or (12 U.S.C. 1715z–13a) is amended— and foreclosures on loans for single family ‘‘(B) a ratio of income to savings deter- (A) by redesignating subsection (l) as sub- housing guaranteed under such section mined by the Director. section (m); and 184A.’’.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S963 SEC. 811. ENERGY EFFICIENT MORTGAGES EDU- ‘‘(6) the number and dollar amount of (B) by striking ‘‘(b) The’’ and inserting the CATION AND OUTREACH CAMPAIGN. mortgage loans for single family housing and following: Section 513 of the Housing and Community for multifamily housing that are location ef- ‘‘(b) HEALTH AND SAFETY.—The’’. Development Act of 1992 (12 U.S.C. 1701z–16 ficient mortgages (as such term is defined in SEC. 814. ASSISTED HOUSING ENERGY LOAN note) is amended by adding at the end the section 1334A of Housing and Community De- PILOT PROGRAM. following: velopment Act of 1992).’’. (a) AUTHORITY.—Not later than 12 months ‘‘(g) EDUCATION AND OUTREACH CAMPAIGN.— (b) APPLICABILITY.—The amendment made after the date of enactment of this title, the ‘‘(1) DEVELOPMENT OF ENERGY EFFICIENT by subsection (a) shall apply with respect to Secretary shall develop and implement a MORTGAGE OUTREACH PROGRAM.— the first calendar year that begins after the pilot program to facilitate the financing of ‘‘(A) COMMISSION.—The Secretary, in con- expiration of the 30-day period beginning on cost-effective capital improvements for cov- sultation and coordination with the Sec- the date of enactment of this title. ered assisted housing projects to improve the retary of Energy, the Secretary of Edu- energy efficiency and conservation of such cation, the Secretary of Agriculture, and the SEC. 813. ENERGY EFFICIENCY CERTIFICATIONS projects. FOR HOUSING WITH MORTGAGES IN- Administrator of the Environmental Protec- UMBER OF ENDERS SURED BY FHA. (b) N L .—The pilot pro- tion Agency, shall establish a commission to gram under this section shall involve not Section 526 of the National Housing Act (12 develop and recommend model mortgage less than 3 and not more than 5 lenders. U.S.C. 1735f–4(a)) is amended— products and underwriting guidelines that (c) LOANS.—The pilot program under this provide market-based incentives to prospec- (1) in subsection (a)— section shall provide for a privately financed tive home buyers, lenders, and sellers to in- (A) by striking ‘‘, other than manufactured loan to be made for a covered assisted hous- corporate energy efficiency upgrades in new homes,’’ each place that term appears; ing project that— mortgage loan transactions. (B) by inserting after the period at the end (1) finances capital improvements for the the following: ‘‘The energy performance re- ‘‘(B) REPORT.—Not later than 24 months project that meet such requirements as the after the date of enactment of this sub- quirements developed and established by the Secretary shall establish, and may involve section, the Secretary shall submit to Con- Secretary under this section for manufac- contracts with third parties to perform such gress a written report on the results of work tured homes shall require Energy Star rat- capital improvements, including the design of the commission established pursuant to ings for wall fixtures, appliances, and equip- of such improvements by licensed profes- subparagraph (A) and that identifies model ment in such homes.’’; sional architects or engineers; mortgage products and underwriting guide- (C) by striking ‘‘(a) To’’ and inserting the (2) has a term to maturity that is— lines that may encourage energy efficiency. following: (A) not more than 20 years; and ‘‘(2) IMPLEMENTATION.— ‘‘(a) ENERGY EFFICIENCY.— (B) necessary to realize cost savings suffi- ‘‘(A) IN GENERAL.—After submission of the ‘‘(1) IN GENERAL.—To’’; and cient to repay such loan; report under paragraph (1)(B), the Secretary, (D) by adding at the end the following: (3) is secured by a mortgage subordinate to in consultation and coordination with the ‘‘(2) CERTIFICATION.—The Secretary shall the mortgage for the project that is insured Secretary of Energy, the Secretary of Edu- require, with respect to any single family or under title II of the National Housing Act; cation, and the Administrator of the Envi- multifamily residential housing subject to a and ronmental Protection Agency, shall carry mortgage insured under this Act, that any (4) provides for a reduction in the remain- out a public awareness, education, and out- approval or certification of the housing for ing principal obligation under the loan based reach campaign based on the findings of the meeting any energy efficiency or conserva- on the actual cost savings realized from the commission established pursuant to para- tion criteria, standards, or requirements pur- capital improvements financed with the graph (1) to inform and educate residential suant to this title and any approval or cer- loan. lenders and prospective borrowers regarding tification required pursuant to this title (d) UNDERWRITING STANDARDS.—The Sec- the availability, benefits, advantages, and with respect to energy conserving improve- retary shall establish underwriting require- terms of— ments or any renewable energy sources, such ments for loans made under the pilot pro- ‘‘(i) energy efficient mortgages made avail- as wind, solar energy, geothermal, or bio- gram under this section, which shall— able pursuant to this section; mass, shall be conducted only by an indi- (1) require the cost savings projected to be ‘‘(ii) energy efficient mortgages that meet vidual certified by a home energy rating sys- realized from the capital improvements fi- the requirements of section 1334A of this tem provider that has been accredited to nanced with the loan, during the term of the Act; and conduct such ratings by the Home Energy loan, to exceed the costs of repaying the ‘‘(iii) other mortgages, including mort- Ratings System Council, the Residential En- loan; gages for multifamily housing, that have en- ergy Services Network, or such other appro- (2) allow the designer or contractor in- ergy improvement features. priate national organization, as the Sec- volved in designing capital improvements to ‘‘(B) CONTRACTING.—The Secretary may retary may provide, or by a licensed profes- be financed with a loan under the program to enter into a contract with an appropriate en- sional architect or engineer that has been carry out such capital improvements; and tity to publicize and market such mortgages accredited as a LEED Accredited Profes- (3) include such energy, audit, property, fi- through appropriate media. sional by the Green Building Certification nancial, ownership, and approval require- ‘‘(3) RENEWABLE ENERGY HOME PRODUCT EX- Institute. If any organization makes a re- ments as the Secretary considers appro- POSITIONS.—It is the sense of Congress that quest to the Secretary for approval to ac- priate. the Secretary of Housing and Urban Develop- credit individuals to conduct energy effi- (e) TREATMENT OF SAVINGS.—The pilot pro- ment should work with appropriate entities ciency or conservation ratings, the Sec- gram under this section shall provide that to organize and hold renewable energy expo- retary shall review and approve or dis- the financial benefit from any reduction in sitions that provide an opportunity for the approve such request not later than 6 months the cost of utilities resulting from capital public to view and learn about renewable en- after receipt of such request. improvements financed with a loan made ergy products for the home that are cur- ‘‘(3) LISTING.—Each regional office of the under the program shall be shared between rently on the market. Department of Housing and Urban Develop- the project owner and the tenants in accord- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ment shall maintain a list of individuals cer- ance with an appropriate ratio, as deter- There is authorized to be appropriated to the tified by a home energy rating system pro- mined by the Secretary. Secretary to carry out this subsection vider that has been accredited to conduct (f) COVERED ASSISTED HOUSING PROJECTS.— $5,000,000 for each of fiscal years 2010 through such ratings by the Home Energy Ratings For purposes of this section, the term ‘‘cov- 2013.’’. System Council, the Residential Energy ered assisted housing project’’ means a hous- Services Network, or such other appropriate ing project that— SEC. 812. COLLECTION OF INFORMATION ON EN- ERGY EFFICIENT AND LOCATION EF- national organizations or professionals as (1) is financed by a loan or mortgage that FICIENT MORTGAGES THROUGH the Secretary may designate. Such list shall is— HOME MORTGAGE DISCLOSURE ACT. indicate that home energy rating system (A) insured by the Secretary under para- (a) IN GENERAL.—Section 304(b)(1) of the providers accredited by the Residential En- graph (3) or (4) of section 221(d) of the Na- Home Mortgage Disclosure Act of 1975 (12 ergy Services Network are preferred by the tional Housing Act (12 U.S.C. 1715l(d)), and U.S.C. 2803(b)(1)) is amended— Department of Housing and Urban Develop- bears interest at a rate determined under the (1) in paragraph (3), by striking ‘‘and’’ at ment. proviso of section 221(d)(5) of such Act; or the end; ‘‘(4) PERIODIC EXAMINATION OF METHOD.— (B) insured or assisted under section 236 of (2) in paragraph (4), by striking the period The Secretary shall periodically examine the the National Housing Act (12 U.S.C. 1715z–1); at the end and inserting a semicolon; and method used to conduct inspections for com- (2) at the time a loan under this section is (3) by adding at the end the following new pliance with the requirements under this made, is provided project-based rental assist- paragraphs: section, analyze various other approaches for ance under section 8 of the United States ‘‘(5) the number and dollar amount of conducting such inspections, and review the Housing Act of 1937 (42 U.S.C. 1437f) for 50 mortgage loans for single family housing and costs and benefits of the current method percent or more of the dwelling units in the for multifamily housing that are energy effi- compared with other methods.’’; and project; and cient mortgages (as such term is defined in (2) in subsection (b)— (3) is not a housing project owned or held section 1334A of the Housing and Community (A) by striking ‘‘, other than a manufac- by the Secretary, or subject to a mortgage Development Act of 1992); and tured home,’’; and held by the Secretary.

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HOPE VI GREEN DEVELOPMENTS RE- outdoor air quality, thermal comfort, acous- (B) by redesignating paragraph (2) as para- QUIREMENT. tics, outdoor noise pollution, day lighting, graph (3); and (a) MANDATORY COMPONENT.—Section 24(e) pollutant source control, sustainable land- (C) by inserting after paragraph (1) the fol- of the United States Housing Act of 1937 (42 scaping, and use of building system controls lowing: U.S.C. 1437v(e)) is amended by adding at the and low- or no-emission materials, including ‘‘(2) that such appraisals be performed in end the following: preference for materials with no added car- accordance with appraisal standards that re- ‘‘(4) GREEN DEVELOPMENTS REQUIREMENT.— cinogens that are classified as Group 1 quire, in determining the value of a prop- ‘‘(A) REQUIREMENT.—The Secretary may Known Carcinogens by the International erty, consideration of the ongoing utility not make a grant under this section to an Agency for Research on Cancer; and savings and increased value from the savings applicant unless the proposed revitalization ‘‘(dd) such other criteria as the Secretary that result from— plan of the applicant to be carried out with determines to be appropriate; and ‘‘(A) any renewable energy sources for the such grant amounts meets the following re- ‘‘(V) national recognition within the build- property; or quirements: ing industry. ‘‘(B) energy efficiency or energy con- ‘‘(i) RESIDENTIAL CONSTRUCTION.—All resi- ‘‘(iii) FIVE-YEAR EVALUATION.—At least serving improvements or features of the dential construction under the proposed plan once every 5 years, the Secretary shall con- property; and’’. complies with— duct a study to evaluate and compare avail- (2) REVISION OF APPRAISAL STANDARDS.— ‘‘(I) all mandatory items of the national able third party green building rating sys- Each Federal financial institution regu- Green Communities criteria checklist for tems and levels, taking into account the cri- latory agency shall, not later than 6 months residential construction and rehabilitation teria listed in clause (ii). after the date of enactment of this title, re- and such nonmandatory items of such check- ‘‘(iv) REVIEW AND UPDATE.—Within 90 days vise its standards for the performance of real list as are necessary for a residential con- of the completion of each study required by estate appraisals in connection with feder- struction to receive— clause (iii), the Secretary shall review and ally related transactions under the jurisdic- ‘‘(aa) 25 points, in the case of any proposed update the rating systems and levels, or tion of the agency to comply with the re- plan (or portion thereof) consisting of new identify alternative systems and levels for quirement under the amendments made by construction; and purposes of this paragraph, taking into ac- paragraph (1). ‘‘(bb) 20 points, in the case of any proposed count the conclusions of such study. (b) APPRAISER CERTIFICATION AND LICENS- plan (or portion thereof) consisting of reha- ING REQUIREMENTS.—Section 1116 of the Fi- ‘‘(D) APPLICABILITY AND UPDATING OF bilitation; or nancial Institutions Reform, Recovery, and STANDARDS.— ‘‘(II) a substantially equivalent standard, Enforcement Act of 1989 (12 U.S.C. 3345) is ‘‘(i) APPLICABILITY.—Except as provided in as determined by the Secretary. amended— clause (ii), the national Green Communities ‘‘(ii) NONRESIDENTIAL CONSTRUCTION.—All (1) in subsection (a), by inserting before criteria checklist and green building rating nonresidential construction under the pro- the period at the end the following: ‘‘and systems and levels referred to in subpara- posed plan complies with all minimum re- meets the requirements established pursuant graph (A) that are in effect for purposes of quired levels of the green building rating to subsection (f) for qualifications regarding systems and levels identified by the Sec- this paragraph are such checklist systems consideration of any renewable energy retary pursuant to subparagraph (C), as such and levels as in existence on the date of en- sources for, or energy efficiency or energy systems and levels are in effect at the time actment of the Energy Efficiency in Housing conserving improvements or features of, the of the application for the grant. Act of 2010. property’’; ‘‘(B) VERIFICATION.— ‘‘(ii) UPDATING.—The Secretary may, by (2) in subsection (c), by inserting before the ‘‘(i) IN GENERAL.—The Secretary shall regulation, adopt and apply for purposes of period at the end the following: ‘‘, which verify, or provide for verification sufficient this paragraph, future amendments and sup- shall include compliance with the require- to ensure, that each revitalization plan car- plements to, and editions of, the national ments established pursuant to subsection (f) ried out with amounts from a grant under Green Communities criteria checklist, any regarding consideration of any renewable en- this section complies with the requirements standard or standards that the Secretary has ergy sources for, or energy efficiency or en- under subparagraph (A). determined to be substantially equivalent to ergy conserving improvements or features of, ‘‘(ii) TIMING.—In providing for such such checklist, and the green building rat- the property’’; verification, the Secretary shall establish ings systems and levels identified by the (3) in subsection (e), by striking ‘‘The’’ and procedures to ensure such compliance with Secretary pursuant to subparagraph (C).’’. inserting ‘‘Except as provided in subsection respect to each grantee, and shall submit a (b) SELECTION CRITERIA; GRADED COMPO- (f), the’’; and report to Congress with respect to the com- NENT.—Section 24(e)(2) of the United States (4) by adding at the end the following: pliance of each grantee— Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is ‘‘(f) REQUIREMENTS FOR APPRAISERS RE- ‘‘(I) not later than 6 months after execu- amended— GARDING ENERGY EFFICIENCY FEATURES.—The tion of the grant agreement under this sec- (1) in subparagraph (K), by striking ‘‘and’’ Appraisal Subcommittee shall establish re- tion for the grantee; and at the end; quirements for State certification of State ‘‘(II) on completion of the revitalization (2) by redesignating subparagraph (L) as certified real estate appraisers and for State plan of the grantee. subparagraph (M); and licensing of State licensed appraisers, to en- ‘‘(C) IDENTIFICATION OF GREEN BUILDINGS (3) by inserting after subparagraph (K) the sure that appraisers consider and are quali- RATING SYSTEMS AND LEVELS.— following: fied to consider, in determining the value of ‘‘(i) IN GENERAL.—For purposes of this ‘‘(L) the extent to which the proposed revi- a property, any renewable energy sources paragraph, the Secretary, in consultation talization plan— for, or energy efficiency or energy con- with the Secretary of Energy, shall identify ‘‘(i) in the case of residential construction, serving improvements or features of, the rating systems and levels for green buildings complies with the nonmandatory items of property.’’. (c) GUIDELINES FOR APPRAISING PHOTO- that the Secretary determines to be the the national Green Communities criteria VOLTAIC AND SOLAR THERMAL MEASURES AND most likely to encourage a comprehensive checklist identified in paragraph (4)(A)(i), or TRAINING OF APPRAISERS.—Section 1122 of and environmentally sound approach to rat- any substantially equivalent standard or the Financial Institutions Reform, Recovery, ings and standards for green buildings. standards as determined by the Secretary, but only to the extent such compliance ex- and Enforcement Act of 1989 (12 U.S.C. 3351) ‘‘(ii) CRITERIA.—In identifying the green is amended by adding at the end the fol- ceeds the compliance necessary to accumu- rating systems and levels under clause (i), lowing: late the number of points required under the Secretary shall take into consideration— ‘‘(g) GUIDELINES FOR APPRAISING PHOTO- such paragraph; and ‘‘(I) the ability and availability of asses- VOLTAIC AND SOLAR THERMAL MEASURES AND ‘‘(ii) in the case of nonresidential construc- sors and auditors to independently verify the TRAINING OF APPRAISERS.—The Appraisal criteria and measurement of metrics at the tion, complies with the components of the Subcommittee shall, in consultation with scale necessary to implement this paragraph; green building rating systems and levels the Secretary of Housing and Urban Develop- ‘‘(II) the ability of the applicable ratings identified by the Secretary pursuant to para- ment, the Federal National Mortgage Asso- system organizations to collect and reflect graph (4)(C), but only to the extent such ciation, and the Federal Home Loan Mort- public comment; compliance exceeds the minimum level re- gage Corporation, establish specific guide- ‘‘(III) the ability of the standards to be de- quired under such systems and levels; and’’. lines for— veloped and revised through a consensus- SEC. 816. CONSIDERATION OF ENERGY EFFI- ‘‘(1) appraising off- and on-grid photo- based process; CIENCY IMPROVEMENTS IN AP- voltaic and solar thermal measures for com- ‘‘(IV) an evaluation of the robustness of PRAISALS. pliance with the appraisal standards pre- the criteria for a high-performance green (a) APPRAISALS IN CONNECTION WITH FEDER- scribed pursuant to section 1110(2); building, which shall give credit for pro- ALLY RELATED TRANSACTIONS.— ‘‘(2) requirements under section 1116(f) for moting— (1) REQUIREMENT.—Section 1110 of the Fi- certification of State certified real estate ap- ‘‘(aa) efficient and sustainable use of nancial Institutions Reform, Recovery, and praisers and for State licensing of State li- water, energy, and other natural resources; Enforcement Act of 1989 (12 U.S.C. 3339) is censed appraisers, to ensure that appraisers ‘‘(bb) use of renewable energy sources; amended— consider, and are qualified to consider, such ‘‘(cc) improved indoor and outdoor environ- (A) in paragraph (1), by striking ‘‘and’’ at photovoltaic and solar thermal measures in mental quality through enhanced indoor and the end; determining the value of a property; and

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‘‘(3) training of appraisers to meet the re- (2) ELIGIBILITY.—To be eligible to receive a and Self-Determination Act of 1996 (25 U.S.C. quirements established pursuant to para- loan under this subsection, a State or Indian 4103). graph (2) of this subsection.’’. tribe, directly or through an appropriate (2) STATE.—The term ‘‘State’’ means each SEC. 817. ADDITIONAL REQUIREMENTS FOR THE State or tribal agency, shall submit to the of the several States, the Commonwealth of HOUSING ASSISTANCE COUNCIL. Secretary an application at such time, in Puerto Rico, the District of Columbia, the The Secretary shall require the Housing such manner, and containing such informa- Commonwealth of the Northern Mariana Is- Assistance Council— tion as the Secretary may require. lands, Guam, the Virgin Islands, American (1) to encourage each organization that re- (3) CRITERIA FOR APPROVAL.—The Secretary Samoa, the Trust Territories of the Pacific, ceives assistance from the Council with any may approve an application of a State or In- or any other possession of the United States. amounts made available from the Secretary dian tribe under paragraph (2) only if the to provide that any structure or building de- Secretary determines that the State or tribe SEC. 820. COMPETITIVE GRANT PROGRAM TO IN- veloped or assisted under projects, programs, will use the funds from the loan under this CREASE SUSTAINABLE LOW-INCOME COMMUNITY DEVELOPMENT CAPAC- and activities funded with such amounts subsection to carry out a program to provide ITY. complies with enhanced energy efficiency incentives described in paragraph (1) that— standards; and (A) requires that any such renewable en- (a) DEFINITIONS.—In this section: (2) to establish incentives to encourage ergy sources, and energy efficiency and en- (1) ELIGIBLE COMMUNITY DEVELOPMENT OR- each such organization to provide that any ergy conserving improvements and features, GANIZATION.—The term ‘‘eligible community such structure or building complies with en- developed pursuant to assistance under the development organization’’ means— hanced energy efficiency standards. program result in compliance of the struc- (A) a unit of general local government, as SEC. 818. RURAL HOUSING AND ECONOMIC DE- ture so improved with minimum energy effi- that term is defined in section 104 of the VELOPMENT ASSISTANCE. ciency standards; and Cranston-Gonzalez National Affordable The Secretary shall— (B) includes such compliance and audit re- Housing Act (42 U.S.C. 12704)); (1) encourage each tribe, agency, organiza- quirements as the Secretary determines are (B) a community housing development or- tion, corporation, and other entity that re- necessary to ensure that the program is op- ganization, as that term is defined in section ceives any assistance from the Office of erated in a sound and effective manner. 104 of the Cranston-Gonzalez National Af- Rural Housing and Economic Development of (4) PREFERENCE.—In making loans during fordable Housing Act (42 U.S.C. 12704)); the Department of Housing and Urban Devel- each fiscal year, the Secretary shall give (C) an Indian tribe or tribally designated opment to provide that any structure or preference to States and Indian tribes that housing entity, as those terms are defined in building developed or assisted under activi- have not previously received a loan under section 4 of the Native American Housing ties funded with such amounts complies with this subsection. Assistance and Self-Determination Act of minimum energy efficiency standards; and (5) MAXIMUM AMOUNT.—The aggregate out- 1996 (25 U.S.C. 4103)); and (2) establish incentives to encourage each standing principal amount from loans under (D) a public housing agency, as that term such tribe, agency, organization, corpora- this subsection to any single State or Indian is defined in section 3(b) of the United States tion, and other entity to provide that any tribe may not exceed $500,000,000. Housing Act of 1937 (42 U.S.C. 1437(b)). such structure or building comply with en- (6) LOAN TERMS.—Each loan under this sub- (2) LOW-INCOME COMMUNITY.—The term hanced energy efficiency standards. section shall have a term to maturity of not ‘‘low-income community’’ means a census SEC. 819. REVOLVING FUND FOR LOANS TO more than 10 years and shall bear interest at tract in which 50 percent or more of the STATES AND INDIAN TRIBES TO an annual rate, determined by the Secretary, households have an annual income that is CARRY OUT RENEWABLE ENERGY that shall not exceed the interest rate less than 80 percent of the greater of— SOURCES ACTIVITIES. (A) the median gross income for that year (a) ESTABLISHMENT OF FUND.—There is es- charged by the Federal Reserve Bank of New for the area in which the census tract is lo- tablished in the Treasury of the United York to commercial banks and other deposi- cated; or States a revolving fund, to be known as the tory institutions for very short-term loans ‘‘Alternative Energy Sources State Revolv- under the primary credit program, as most (B) the median gross income for that year ing Fund’’. recently published in the Federal Reserve for the State in which the census tract is lo- (b) CREDITS.—The Fund shall be credited Statistical Release on selected interest rates cated. with— (daily or weekly), and commonly referred to (3) NONPROFIT ORGANIZATION.—The term (1) any amounts appropriated to the Fund as the H.15 release, preceding the date of a ‘‘nonprofit organization’’ has the same pursuant to subsection (g); determination for purposes of applying this meaning as in section 104 of the Cranston- (2) any amounts of principal and interest paragraph. Gonzalez National Affordable Housing Act from loan repayments received by the Sec- (7) LOAN REPAYMENT.—The Secretary shall (42 U.S.C. 12704). retary pursuant to subsection (d)(7); and require full repayment of each loan made (b) PROGRAM ESTABLISHED.—The Secretary (3) any interest earned on investments of under this section. shall establish a competitive grant program amounts in the Fund pursuant to subsection (e) INVESTMENT OF AMOUNTS.— to make grants to nonprofit organizations (e). (1) IN GENERAL.—The Secretary of the to— (c) EXPENDITURES.— Treasury shall invest such amounts in the (1) carry out a project described in sub- (1) IN GENERAL.—Subject to paragraph (2), Fund that are not, in the judgment of the section (c); on request by the Secretary, the Secretary of Secretary of the Treasury, required to meet (2) train, educate, support, or advise an eli- the Treasury shall transfer from the Fund to needs for current withdrawals. gible community development organization the Secretary such amounts as the Secretary (2) OBLIGATIONS OF UNITED STATES.—Invest- that carries out a project described in sub- determines are necessary to provide loans ments may be made only in interest-bearing section (c); under subsection (d)(1). obligations of the United States. (3) provide planning and design assistance (2) ADMINISTRATIVE EXPENSES.—Of the (f) REPORTS.— to eligible community development organi- amounts in the Fund, not more than 5 per- (1) REPORTS TO SECRETARY.—For each year zations; cent shall be available for each fiscal year to during the term of a loan made under sub- (4) make loans or grants to eligible com- pay the administrative expenses of the De- section (d), the State or Indian tribe that re- munity development organizations; or partment of Housing and Urban Development ceived the loan shall submit to the Secretary (5) carry out other activities consistent to carry out this section. a report describing the State or tribal alter- with this section, as the Secretary deter- (d) LOANS TO STATES AND INDIAN TRIBES.— native energy sources program for which the mines appropriate. (1) IN GENERAL.—The Secretary shall use loan was made and the activities conducted amounts in the Fund to provide loans to under the program using the loan funds dur- (c) PROJECTS.—The projects described in States and Indian tribes to provide incen- ing that year. this subsection are projects— tives to owners of single family and multi- (2) REPORT TO CONGRESS.—Not later than (1) that take into consideration minimum family housing, commercial properties, and September 30 of each year that loans made energy efficiency standards, enhanced en- public buildings to provide— under subsection (d) are outstanding, the ergy efficiency standards, and green building (A) renewable energy sources for such Secretary shall submit a report to Congress standards; and structures, such as wind, wave, solar, bio- describing the total amount of such loans (2) that— mass, or geothermal energy sources, includ- provided under subsection (d) to each eligible (A) improve the energy efficiency of resi- ing incentives to companies and businesses State and Indian tribe during the fiscal year dential and nonresidential structures; to change their source of energy to such re- ending on such date, and an evaluation on ef- (B) promote resource conservation and newable energy sources and for changing the fectiveness of the Fund. reuse; sources of energy for public buildings to such (g) AUTHORIZATION OF APPROPRIATIONS.— (C) include design strategies to maximize renewable energy sources; There is authorized to be appropriated to the the energy efficiency of residential and non- (B) energy efficiency and energy con- Fund $5,000,000,000. residential structures; serving improvements and features for such (h) DEFINITIONS.—In this section, the fol- (D) install or construct renewable energy structures; or lowing definitions shall apply: improvements for residential and nonresi- (C) infrastructure related to the delivery of (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ dential structures, including wind, wave, electricity and hot water for structures lack- has the meaning given such term in section solar, biomass, and geothermal energy ing such amenities. 4 of the Native American Housing Assistance sources; or

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(E) promote the effective use of existing (5) RENEWABLE ENERGY SYSTEM.—The term a certificate that serves as evidence of insur- infrastructure in affordable housing and eco- ‘‘renewable energy system’’ means a system ance coverage under this section. nomic development activities in low-income of energy derived from— (2) CONTENTS OF CERTIFICATE.—The certifi- communities. (A) a wind, solar (including photovoltaic cate required under paragraph (1) shall set (d) PRIORITY.—In making grants under this and solar thermal), biomass (including bio- forth the fair market value of the future rev- section, the Secretary shall give priority to diesel), or geothermal source; or enue stream for each year of the remaining activities that will result in compliance with (B) hydrogen derived from biomass or life of the renewable energy system. minimum energy efficiency standards, en- water using an energy source described in (3) FULL FAITH AND CREDIT.—The certificate hanced energy efficiency standards, and subparagraph (A). required under paragraph (1) shall be backed green building standards. (c) AUTHORITY.— by the full faith and credit of the United (e) APPLICATION.—A nonprofit organization (1) IN GENERAL.—The Secretary may, upon States. that desires a grant under this section shall application by an authorized renewable en- (i) PAYMENT OF INSURANCE CLAIM.— submit to the Secretary an application at ergy system owner, insure or make a com- (1) FILING OF CLAIM.—The Secretary shall such time, in such manner, and containing mitment to insure a loan made by an author- provide for the filing of claims for insurance such information as the Secretary may re- ized renewable energy lender to a renewable under this section and the payment of such quire. energy system owner to finance the acquisi- claims. (2) PAYMENT OF CLAIM.—A claim under (f) AWARD OF CONTRACTS.—Any contract tion of a renewable energy system for lease for architectural or engineering services that to a homeowner for use at the residence of paragraph (1) may be paid only upon a de- is funded with amounts from grants made such homeowner. fault under the loan insured under this sec- under this section shall be awarded in ac- (2) TERMS AND CONDITIONS.—The Secretary tion and the assignment, transfer, and deliv- cordance with chapter 11 of title 40, United may prescribe such terms and conditions for ery to the Secretary of— States Code (relating to selection of archi- insurance under paragraph (1) as are con- (A) all rights and interests arising under tects and engineers). sistent with the purposes of this section. the loan; and (d) LIMITATION ON PRINCIPAL AMOUNT.— (B) all claims of the lender or the assigns (g) FEDERAL SHARE.— (1) LIMITATION.—The principal amount of a of the lender against the borrower or others (1) AMOUNT OF FEDERAL SHARE.—The Fed- arising under the loan transaction. eral share of the cost of a project under this loan insured under this section shall not ex- (3) LIEN.— section may not exceed 50 percent. ceed the residual value of the renewable en- ergy system to be acquired with the loan. (A) IN GENERAL.—Upon payment of a claim (2) FORM OF NON-FEDERAL SHARE.—The non- for insurance of a loan under this section, Federal share of the cost of a project under (2) RESIDUAL VALUE.—For purposes of this the Secretary shall hold a lien on the under- this section may be in cash or in-kind. subsection— (A) the residual value of a renewable en- lying renewable energy system assets and (h) AUTHORIZATION OF APPROPRIATIONS.— ergy system is the fair market value of the any associated revenue stream from the use There are authorized to be appropriated to future revenue stream from the sale of the of such system, which shall be superior to all the Secretary such sums as may be nec- expected remaining electricity production other liens on such assets. essary to carry out this section. from the system, pursuant to the easement (B) RESIDUAL VALUE.—The residual value of SEC. 821. INSURANCE COVERAGE FOR LOANS granted in accordance with subsection (e); such renewable energy system and the rev- FOR FINANCING OF RENEWABLE EN- and enue stream from the use of such system ERGY SYSTEMS LEASED FOR RESI- DENTIAL USE. (B) the fair market value of the future rev- shall be not less than the unpaid balance of enue stream for each year of the remaining the loan amount covered by the certificate of (a) PURPOSES.—The purposes of this section insurance. are— life of the renewable energy system shall be (C) REVENUE FROM SALE.—The Secretary (1) to encourage residential use of renew- determined based on the net present value of shall be entitled to any revenue generated by able energy systems by minimizing upfront the power output production warranty for such renewable energy system from selling costs and providing immediate utility cost such renewable energy system provided by electricity to the grid when an insurance savings to consumers through leasing of such the renewable energy manufacturer and the claim has been paid out. systems to homeowners; forecast of regional residential electricity (j) ASSIGNMENT AND TRANSFERABILITY OF (2) to reduce carbon emissions and the use prices made by the Energy Information Ad- INSURANCE.—A renewable energy system of nonrenewable resources; ministration of the Department of Energy. (e) EASEMENT.—The Secretary may not in- owner or an authorized renewable energy (3) to encourage energy efficient residen- sure a loan under this section unless the re- lender that is insured under this section may tial construction and rehabilitation; newable energy system owner certifies, in assign or transfer the insurance in whole or (4) to encourage the use of renewable re- accordance with such requirements as the in part, to another owner or lender, subject sources by homeowners; Secretary shall establish, consistent with to such requirements as the Secretary may (5) to minimize the impact of development the purposes of this section, that the sys- prescribe. on the environment; tems financed will be leased only to home- (k) PREMIUMS AND CHARGES.— (6) to reduce consumer utility costs; and owners that grant easements to install, (1) INSURANCE PREMIUMS.— (7) to encourage private investment in the maintain, use, and otherwise access the sys- (A) IN GENERAL.—The Secretary shall fix green economy. tem that include the right to sell electricity and collect premiums for insurance of loans (b) DEFINITIONS.—As used in this section, produced during the life of the renewable en- under this section, that shall be paid by the the following definitions shall apply: ergy system to a wholesale or retail elec- applicant renewable energy system owner at (1) AUTHORIZED RENEWABLE ENERGY LEND- trical power grid. the time of issuance of the certificate of in- ER.—The term ‘‘authorized renewable energy (f) DISCOUNT OR PREPAYMENT.—To encour- surance to the lender and shall be adequate, lender’’ means a lender authorized by the age the use of renewable energy systems, the in the determination of the Secretary, to Secretary to make a loan under this section. Secretary shall ensure that a discount given cover the expenses and probable losses of ad- (2) RENEWABLE ENERGY SYSTEM LEASE.—The to a homeowner by a renewable energy sys- ministering the program under this section. term ‘‘renewable system energy lease’’ tem owner or other investor or prepayment (B) DEPOSIT OF PREMIUM.—The Secretary means an agreement between an authorized of a renewable energy system lease by a re- shall deposit any premiums collected under renewable energy system owner and a home- newable energy system owner does not ad- this subsection in the Renewable Energy owner for a term of not less than 5 years, versely affect the mortgage requirements of Lease Insurance Fund established under sub- pursuant to which the homeowner— such homeowner. section (l). (A) grants an easement to such renewable (g) ELIGIBILITY OF LENDERS.—The Sec- (2) PROHIBITION ON OTHER CHARGES.—Except energy system owner to install, maintain, retary may not insure a loan under this sec- as provided in paragraph (1), the Secretary use, and otherwise access the renewable en- tion unless the lender making the loan— may not assess any other fee (including a ergy system; and (1) is an institution that— user fee), insurance premium, or charge in (B) agrees to— (A) qualifies as a green banking center connection with loan insurance provided (i) lease the use of such system from such under section 8(x) of the Federal Deposit In- under this section. renewable energy system owner; or surance Act (12 U.S.C. 1818(x)) or section (l) RENEWABLE ENERGY LEASE INSURANCE (ii) purchase electric power from such re- 206(x) of the Federal Credit Union Act (12 FUND.— newable energy system owner. U.S.C. 1786(x)); or (1) FUND ESTABLISHED.—There is estab- (3) RENEWABLE ENERGY MANUFACTURER.— (B) meets such other requirements as the lished in the Treasury of the United States The term ‘‘renewable energy manufacturer’’ Secretary shall establish for participation of the Renewable Energy Lease Insurance Fund means a manufacturer of renewable energy renewable energy lenders in the program (referred to in this subsection as the systems. under this section; and ‘‘Fund’’), which shall be available to the Sec- (4) RENEWABLE ENERGY SYSTEM OWNER.— (2) meets such qualifications as the Sec- retary without fiscal year limitation, for the The term ‘‘renewable energy system owner’’ retary shall establish for all lenders for par- purpose of providing insurance under this means a homebuilder, a manufacturer or in- ticipation in the program under this section. section. staller of a renewable energy system, or any (h) CERTIFICATE OF INSURANCE.— (2) CREDITS.—The Fund shall be credited other person, as determined by the Sec- (1) IN GENERAL.—The Secretary shall issue with any premiums collected under sub- retary. to a lender that is insured under this section section (k)(1), any amounts collected by the

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S967 Secretary under subsection (i)(3), and any as- newable Energy at the Department of En- ‘‘(H) such other information as the Board sociated interest or earnings. ergy, including the weatherization assist- or the insured credit union may determine to (3) AVAILABILITY.—Amounts in the Fund ance program; be appropriate or useful.’’. shall be available to the Secretary for ful- ‘‘(F) information about, and contact infor- SEC. 823. GAO REPORTS ON AVAILABILITY OF AF- filling any obligations with respect to insur- mation for, the Energy Star Program of the FORDABLE MORTGAGES. ance for loans provided under this section Environmental Protection Agency; (a) STUDY.—The Comptroller General of and paying administrative expenses in con- ‘‘(G) information from, and contact infor- the United States shall periodically, as nec- nection with this section. mation for, the Federal Citizen Information essary to comply with subsection (b), exam- (4) EXCESS AMOUNTS.—The Secretary may Center of the General Services Administra- ine the impact of this title and the amend- invest in obligations of the United States tion on energy efficient mortgages and loans, ments made by this title on the availability any amounts in the Fund determined by the home energy rating systems, and the avail- of affordable mortgages in various areas Secretary to be in excess of amounts re- ability of energy efficient mortgage informa- throughout the United States, including cit- quired at the time of such determination to tion from a variety of Federal agencies; and ies having older infrastructure and limited carry out this section. ‘‘(H) such other information as the agen- space for the development of new housing. (m) REGULATIONS.— cies or the insured depository institution (b) TRIENNIAL REPORTS.— (1) IN GENERAL.—The Secretary shall issue may determine to be appropriate or useful.’’. (1) REPORT REQUIRED.—The Comptroller such regulations as may be necessary to General shall submit a report once every 3 (b) INSURED CREDIT UNIONS.—Section 206 of carry out this section. years to the Committee on Banking, Hous- (2) TIMING.—Not later than 180 days after the Federal Credit Union Act (12 U.S.C. 1786) ing, and Urban Affairs of the Senate and the the date of enactment of this title, the Sec- is amended by adding at the end the fol- Committee on Financial Services of the retary shall issue interim or final regula- lowing: House of Representatives. (2) CONTENTS OF REPORT.—The report under tions. ‘‘(x) GREEN BANKING CENTERS.— paragraph (1) shall include— (n) INELIGIBILITY FOR PURCHASE BY FED- ‘‘(1) IN GENERAL.—The Board shall pre- ERAL FINANCING BANK.—Notwithstanding any scribe guidelines encouraging the establish- (A) a detailed statement of the most recent other provision of law, no debt obligation ment and maintenance of green banking cen- findings pursuant to subsection (a); and that is insured or committed to be insured ters by insured credit unions to provide any (B) if the Comptroller General finds that by the Secretary under this section shall be member who seeks information on obtaining this title or the amendments made by this subject to the Federal Financing Bank Act a mortgage, home improvement loan, or title have directly or indirectly resulted in of 1973 (12 U.S.C. 2281 et seq.). home equity loan with additional informa- consequences that limit the availability or (o) TERMINATION OF AUTHORITY.—The au- tion on— affordability of mortgages in any area or thority of the Secretary to insure and make ‘‘(A) obtaining a home energy rating or areas within the United States, including commitments to insure new loans under this audit for the residence for which such mort- any city having older infrastructure and lim- title shall terminate 10 years after the date gage or loan is sought; ited space for the development of new hous- of enactment of this title. ‘‘(B) obtaining financing for cost-effective ing, any recommendations for any additional SEC. 822. GREEN BANKING CENTERS. energy-saving improvements to such prop- actions at the Federal, State, or local levels that the Comptroller General considers nec- (a) INSURED DEPOSITORY INSTITUTIONS.— erty; and Section 8 of the Federal Deposit Insurance ‘‘(C) obtaining beneficial terms for any essary or appropriate to mitigate such ef- Act (12 U.S.C. 1818) is amended by adding at mortgage or loan, or qualifying for a larger fects. the end the following: mortgage or loan, secured by a residence (3) TIMING.—The first report under para- graph (1) shall be submitted not later than 3 ‘‘(x) GREEN BANKING CENTERS.— which meets or will meet energy efficiency years after the date of enactment of this ‘‘(1) IN GENERAL.—The Federal banking standards. title. agencies shall prescribe guidelines encour- ‘‘(2) INFORMATION AND REFERRALS.—The in- aging the establishment and maintenance of formation made available to members under SEC. 824. PUBLIC HOUSING ENERGY COST RE- green banking centers by insured depository paragraph (1) may include— PORT. (a) COLLECTION OF INFORMATION BY HUD.— institutions to provide any consumer who ‘‘(A) information on obtaining a home en- (1) IN GENERAL.—The Secretary shall ob- seeks information on obtaining a mortgage, ergy rating and contact information on tain from each public housing agency, at home improvement loan, or home equity qualified energy raters in the area of the res- such time as may be necessary to comply loan with additional information on— idence; with the reporting requirement under sub- ‘‘(A) obtaining a home energy rating or ‘‘(B) information on the secondary market section (b), information regarding the energy audit for the residence for which such mort- guidelines that permit lenders to provide costs for public housing administered or op- gage or loan is sought; more favorable terms by allowing lenders to erated by the agency. ‘‘(B) obtaining financing for cost-effective increase the ratio on debt-to-income require- (2) TYPE OF INFORMATION.—For each public energy-saving improvements to such prop- ments or to use the projected utility savings housing agency, such information shall in- erty; and as a compensating factor; clude the monthly energy costs associated ‘‘(C) obtaining beneficial terms for any ‘‘(C) information including eligibility in- with each separate building and development mortgage or loan, or qualifying for a larger formation about, and contact information of the agency, for the most recently com- mortgage or loan, secured by a residence for, any conservation or renewable energy pleted 12-month period for which such infor- which meets or will meet energy efficiency programs, grants, or loans offered by the mation is available, and such other informa- standards. Secretary of Housing and Urban Develop- tion as the Secretary determines is appro- ‘‘(2) INFORMATION AND REFERRALS.—The in- ment, including the Energy Efficient Mort- priate in determining which public housing formation made available to consumers gage Program; buildings and developments are most in need under paragraph (1) may include— ‘‘(D) information including eligibility in- of repairs and improvements to reduce en- ‘‘(A) information on obtaining a home en- formation about, and contact information ergy needs and costs and become more en- ergy rating and contact information on for, any conservation or renewable energy ergy efficient. qualified energy raters in the area of the res- programs, grants, or loans offered for quali- (b) REPORT.—Not later than 12 months idence; fied military personnel, reservists, and vet- after the date of enactment of this title, the ‘‘(B) information on the secondary market erans by the Secretary of Veterans Affairs; Secretary shall submit to Congress a report guidelines that permit lenders to provide ‘‘(E) information about, and contact infor- setting forth the information collected pur- more favorable terms by allowing lenders to mation for, the Office of Efficiency and Re- suant to subsection (a). increase the ratio on debt-to-income require- newable Energy at the Department of En- ments or to use the projected utility savings ergy, including the weatherization assist- SA 3355. Mr. BUNNING proposed an as a compensating factor; ance program; amendment to the bill H.R. 4691, to ‘‘(C) information including eligibility in- ‘‘(F) information from, and contact infor- formation about, and contact information mation for, the Federal Citizen Information provide a temporary extension of cer- for, any conservation or renewable energy Center of the General Services Administra- tain programs, and for other purposes; programs, grants, or loans offered by the tion on energy efficient mortgages and loans, as follows: Secretary of Housing and Urban Develop- home energy rating systems, and the avail- Strike all after the enacting clause and in- ment, including the Energy Efficient Mort- ability of energy efficient mortgage informa- sert the following: gage Program; tion from a variety of Federal agencies; SECTION 1. SHORT TITLE. ‘‘(D) information including eligibility in- ‘‘(G) information about incentives or finan- This Act may be cited as the ‘‘Temporary formation about, and contact information cial products that are available for projects Extension Act of 2010’’. for, any conservation or renewable energy that are consistent with or certified under SEC. 2. EXTENSION OF UNEMPLOYMENT INSUR- programs, grants, or loans offered for quali- minimum energy efficiency standards, en- ANCE PROVISIONS. fied military personal, reservists, and vet- hanced efficiency standards, or green build- (a) IN GENERAL.—(1) Section 4007 of the erans by the Secretary of Veterans Affairs; ing standards, as those terms are defined in Supplemental Appropriations Act, 2008 (Pub- ‘‘(E) information about, and contact infor- section 803 of the Energy Efficiency in Hous- lic Law 110–252; 26 U.S.C. 3304 note) is amend- mation for, the Office of Efficiency and Re- ing Act of 2010; and ed—

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S968 CONGRESSIONAL RECORD — SENATE March 2, 2010 (A) by striking ‘‘February 28, 2010’’ each qualifying event were the reduction of hours ance Assistance for the Unemployed Act of place it appears and inserting ‘‘April 5, 2010’’; of employment. 2009’’ and inserting ‘‘section 3001 of title III (B) in the heading for subsection (b)(2), by ‘‘(iii) CONSTRUCTION.—Nothing in this para- of division B of the American Recovery and striking ‘‘FEBRUARY 28, 2010’’ and inserting graph shall be construed as requiring an in- Reinvestment Act of 2009’’. ‘‘APRIL 5, 2010’’; and dividual referred to in clause (i) to make a (C) Section 6432 of such Code is amended— (C) in subsection (b)(3), by striking ‘‘July payment for COBRA continuation coverage (i) in subsection (a), by striking ‘‘section 31, 2010’’ and inserting ‘‘September 4, 2010’’. between the reduction of hours and the in- 3002(a) of the Health Insurance Assistance (2) Section 2002(e) of the Assistance for Un- voluntary termination of employment. for the Unemployed Act of 2009’’ and insert- employed Workers and Struggling Families ‘‘(iv) PREEXISTING CONDITIONS.—With re- ing ‘‘section 3001(a) of title III of division B Act, as contained in Public Law 111–5 (26 spect to an individual referred to in clause of the American Recovery and Reinvestment U.S.C. 3304 note; 123 Stat. 438), is amended— (i) who elects COBRA continuation coverage Act of 2009’’; (A) in paragraph (1)(B), by striking ‘‘Feb- pursuant to such clause, rules similar to the (ii) in subsection (c)(3), by striking ‘‘sec- ruary 28, 2010’’ and inserting ‘‘April 5, 2010’’; rules in paragraph (4)(C) shall apply. tion 3002(a)(1)(A) of such Act’’ and inserting (B) in the heading for paragraph (2), by ‘‘(B) NOTICES.—In the case of an individual ‘‘section 3001(a)(1)(A) of title III of division B striking ‘‘FEBRUARY 28, 2010’’ and inserting described in subparagraph (C), the adminis- of the American Recovery and Reinvestment ‘‘APRIL 5, 2010’’; and trator of the group health plan (or other en- Act of 2009’’; and (C) in paragraph (3), by striking ‘‘August tity) involved shall provide, during the 60- (iii) by redesignating subsections (e) and (f) 31, 2010’’ and inserting ‘‘October 5, 2010’’. day period beginning on the date of such in- as subsections (f) and (g), respectively, and (3) Section 2005 of the Assistance for Unem- dividual’s involuntary termination of em- inserting after subsection (d) the following ployed Workers and Struggling Families ployment, an additional notification de- new subsection: Act, as contained in Public Law 111–5 (26 scribed in paragraph (7)(A), including infor- ‘‘(e) EMPLOYER DETERMINATION OF QUALI- U.S.C. 3304 note; 123 Stat. 444), is amended— mation on the provisions of this paragraph. FYING EVENT AS INVOLUNTARY TERMI- (A) by striking ‘‘February 28, 2010’’ each Rules similar to the rules of paragraph (7) NATION.—For purposes of this section, in any place it appears and inserting ‘‘April 5, 2010’’; shall apply with respect to such notification. case in which— and ‘‘(C) INDIVIDUALS DESCRIBED.—Individuals ‘‘(1) based on a reasonable interpretation of (B) in subsection (c), by striking ‘‘July 31, described in this subparagraph are individ- section 3001(a)(3)(C) of division B of the 2010’’ and inserting ‘‘September 4, 2010’’. uals who are assistance eligible individuals American Recovery and Reinvestment Act of (4) Section 5 of the Unemployment Com- on the basis of a qualifying event consisting 2009 and administrative guidance thereunder, pensation Extension Act of 2008 (Public Law of a reduction of hours occurring during the an employer determines that the qualifying 110–449; 26 U.S.C. 3304 note) is amended by period described in paragraph (3)(A) followed event with respect to COBRA continuation striking ‘‘July 31, 2010’’ and inserting ‘‘Sep- by an involuntary termination of employ- coverage for an individual was involuntary tember 4, 2010’’. ment insofar as such involuntary termi- termination of a covered employee’s employ- (b) FUNDING.—Section 4004(e)(1) of the Sup- nation of employment occurred on or after ment, and plemental Appropriations Act, 2008 (Public the date of the enactment of this para- ‘‘(2) the employer maintains supporting Law 110–252; 26 U.S.C. 3304 note) is amended— graph.’’. documentation of the determination, includ- (1) in subparagraph (B), by striking ‘‘and’’ (2) CODIFICATION OF CURRENT INTERPRETA- ing an attestation by the employer of invol- at the end; TION.—Subsection (a)(16) of such section is untary termination with respect to the cov- (2) in subparagraph (C), by striking ‘‘1009’’ amended— ered employee, and inserting ‘‘1009(a)(1)’’; and (A) by striking clause (ii) of subparagraph the qualifying event for the individual shall (3) by inserting after subparagraph (C) the (A) and inserting the following: be deemed to be involuntary termination of following new subparagraph: ‘‘(ii) such individual pays, the amount of the covered employee’s employment.’’. ‘‘(D) the amendments made by section such premium, after the application of para- (D) Subsection (a) of section 6720C of such 2(a)(1) of the Temporary Extension Act of graph (1)(A), by the latest of— Code is amended by striking ‘‘section 2010; and’’. ‘‘(I) 60 days after the date of the enactment of this paragraph, 3002(a)(2)(C) of the Health Insurance Assist- SEC. 3. EXTENSION AND IMPROVEMENT OF PRE- ance for the Unemployed Act of 2009’’ and in- MIUM ASSISTANCE FOR COBRA BEN- ‘‘(II) 30 days after the date of provision of EFITS. the notification required under subparagraph serting ‘‘section 3001(a)(2)(C) of title III of di- (a) EXTENSION OF ELIGIBILITY PERIOD.— (D)(ii), or vision B of the American Recovery and Rein- Subsection (a)(3)(A) of section 3001 of divi- ‘‘(III) the end of the period described in vestment Act of 2009’’. sion B of the American Recovery and Rein- section 4980B(f)(2)(B)(iii) of the Internal Rev- (c) EFFECTIVE DATE.—The amendments vestment Act of 2009 (Public Law 111–5) is enue Code of 1986.’’; and made by this section shall take effect as if amended by striking ‘‘February 28, 2010’’ and (B) by striking subclause (I) of subpara- included in the provisions of section 3001 of inserting ‘‘March 31, 2010’’. graph (C)(i), and inserting the following: division B of the American Recovery and Re- (b) CLARIFICATIONS RELATING TO SECTION ‘‘(I) such assistance eligible individual ex- investment Act of 2009 to which they relate, 3001 OF ARRA.— perienced an involuntary termination that except that— (1) CLARIFICATION REGARDING COBRA CON- was a qualifying event prior to the date of (1) the amendments made by subsection TINUATION RESULTING FROM REDUCTIONS IN enactment of the Department of Defense Ap- (b)(1) shall apply to periods of coverage be- HOURS.—Subsection (a) of section 3001 of divi- propriations Act, 2010; and’’. ginning after the date of the enactment of sion B of the American Recovery and Rein- (3) CLARIFICATION OF PERIOD OF ASSIST- this Act; vestment Act of 2009 (Public Law 111–5) is ANCE.—Subsection (a)(2)(A)(ii)(I) of such sec- (2) the amendments made by subsection amended— tion is amended by striking ‘‘of the first (b)(2) shall take effect as if included in the (A) in paragraph (3)(C), by inserting before month’’. amendments made by section 1010 of division the period at the end the following: ‘‘or con- (4) ENFORCEMENT.—Subsection (a)(5) of B of the Department of Defense Appropria- sists of a reduction of hours followed by such such section is amended by adding at the end tions Act, 2010; and an involuntary termination of employment the following: ‘‘In addition to civil actions (3) the amendments made by subsections during such period (as described in paragraph that may be brought to enforce applicable (b)(3) and (b)(4) shall take effect on the date (17)(C))’’; and provisions of such Act or other laws, the ap- of the enactment of this Act. (B) by adding at the end the following: propriate Secretary or an affected individual SEC. 4. EXTENSION OF SURFACE TRANSPOR- ‘‘(17) SPECIAL RULES IN CASE OF INDIVIDUALS may bring a civil action to enforce such de- TATION PROGRAMS. LOSING COVERAGE BECAUSE OF A REDUCTION OF terminations and for appropriate relief. In (a) IN GENERAL.—Except as provided in HOURS.— addition, such Secretary may assess a pen- subsection (b), for purposes of the continued ‘‘(A) NEW ELECTION PERIOD.— alty against a plan sponsor or health insur- extension of surface transportation programs ‘‘(i) IN GENERAL.—For the purposes of the ance issuer of not more than $110 per day for and related authority to make expenditures COBRA continuation provisions, in the case each failure to comply with such determina- from the Highway Trust Fund and other of an individual described in subparagraph tion of such Secretary after 10 days after the trust funds under sections 157 through 162 of (C) who did not make (or who made and dis- date of the plan sponsor’s or issuer’s receipt the Continuing Appropriations Resolution, continued) an election of COBRA continu- of the determination.’’. 2010 (Public Law 111–68; 123 Stat. 2050), the ation coverage on the basis of the reduction (5) AMENDMENTS RELATING TO SECTION 3001 date specified in section 106(3) of that resolu- of hours of employment, the involuntary ter- OF ARRA.— tion (Public Law 111–68; 123 Stat. 2045) shall mination of employment of such individual (A) Subsection (g)(9) of section 35 of the In- be deemed to be March 28, 2010. on or after the date of the enactment of this ternal Revenue Code of 1986 is amended by (b) EXCEPTION.—Subsection (a) shall not paragraph shall be treated as a qualifying striking ‘‘section 3002(a) of the Health Insur- apply if an extension of the programs and au- event. ance Assistance for the Unemployed Act of thorities described in that subsection for a ‘‘(ii) COUNTING COBRA DURATION PERIOD 2009’’ and inserting ‘‘section 3001(a) of title longer term than the extension contained in FROM PREVIOUS QUALIFYING EVENT.—In any III of division B of the American Recovery the Continuing Appropriations Resolution, case of an individual referred to in clause (i), and Reinvestment Act of 2009’’. 2010 (Public Law 111–68; 123 Stat. 2050), is en- the period of such individual’s continuation (B) Section 139C of such Code is amended acted before the date of enactment of this coverage shall be determined as though the by striking ‘‘section 3002 of the Health Insur- Act.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE March 2, 2010 CONGRESSIONAL RECORD — SENATE S969 SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN (2) in paragraph (3)(C), by striking ‘‘March (E) an amount that is not more than 1 per- PAYMENT UPDATE. 1, 2010’’ each place it appears in clauses (ii) cent of the funds appropriated under sub- Paragraph (10) of section 1848(d) of the So- and (iii) and inserting ‘‘March 29, 2010’’. section (a) may be used for the administra- cial Security Act, as added by section 1011(a) SEC. 11. EXCLUSION OF UNPROCESSED FUELS tion, management, and oversight of the pro- of the Department of Defense Appropriations FROM THE CELLULOSIC BIOFUEL grams, activities, and grants, funded under Act, 2010 (Public Law 111–118), is amended— PRODUCER CREDIT. subsection (a), including the evaluation of (1) in subparagraph (A), by striking ‘‘Feb- (a) IN GENERAL.—Subparagraph (E) of sec- the use of such funds; and ruary 28, 2010’’ and inserting ‘‘March 31, tion 40(b)(6) of the Internal Revenue Code of (2) funds designated for the purposes of 2010’’; and 1986 is amended by adding at the end the fol- paragraph (1)(E), together with funds de- (2) in subparagraph (B), by striking ‘‘March lowing new clause: scribed in section 801(b) of Division A of the 1, 2010’’ and inserting ‘‘April 1, 2010’’. ‘‘(iii) EXCLUSION OF UNPROCESSED FUELS.— American Recovery and Reinvestment Act of SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS The term ‘cellulosic biofuel’ shall not in- 2009, shall be available for obligation EXCEPTIONS PROCESS. clude any fuel if— through September 30, 2012. Section 1833(g)(5) of the Social Security ‘‘(I) more than 4 percent of such fuel (de- Act (42 U.S.C. 1395l(g)(5)) is amended by termined by weight) is any combination of SA 3357. Mr. DODD (for himself, Ms. striking ‘‘December 31, 2009’’ and inserting water and sediment, or STABENOW, Mr. LEVIN, and Mr. ‘‘March 31, 2010’’. ‘‘(II) the ash content of such fuel is more LIEBERMAN) submitted an amendment SEC. 7. EXTENSION OF USE OF 2009 POVERTY than 1 percent (determined by weight).’’. intended to be proposed to amendment GUIDELINES. (b) EFFECTIVE DATE.—The amendment SA 3336 proposed by Mr. BAUCUS to the Section 1012 of the Department of Defense made by this section shall apply to fuels sold Appropriations Act, 2010 (Public Law 111–118) or used after the date of the enactment of bill H.R. 4213, to amend the Internal is amended by striking ‘‘March 1, 2010’’ and this Act. Revenue Code of 1986 to extend certain inserting ‘‘March 31, 2010’’. SEC. 12. DETERMINATION OF BUDGETARY EF- expiring provisions, and for other pur- SEC. 8. EXTENSION OF NATIONAL FLOOD INSUR- FECTS. poses; which was ordered to lie on the ANCE PROGRAM. The budgetary effects of this Act, for the table; as follows: Section 129 of the Continuing Appropria- purpose of complying with the Statutory Strike section 223 and insert the following: tions Resolution, 2010 (Public Law 111–68), as Pay-As-You-Go-Act of 2010, shall be deter- SEC. 223. EXTENSION OF SECTION 508 HOSPITAL amended by section 1005 of Public Law 111– mined by reference to the latest statement RECLASSIFICATIONS. 118, is further amended by striking ‘‘by sub- titled ‘‘Budgetary Effects of PAYGO Legisla- (a) IN GENERAL.—Subsection (a) of section stituting’’ and all that follows through the tion’’ for this Act, submitted for printing in 106 of division B of the Tax Relief and Health period at the end, and inserting ‘‘by sub- the Congressional Record by the Chairman of Care Act of 2006 (42 U.S.C. 1395 note), as stituting March 28, 2010, for the date speci- the Committee on the Budget of the House of amended by section 117 of the Medicare, fied in each such section.’’. Representatives, provided that such state- Medicaid, and SCHIP Extension Act of 2007 SEC. 9. EXTENSION OF SMALL BUSINESS LOAN ment has been submitted prior to the vote on (Public Law 110–173) and section 124 of the GUARANTEE PROGRAM. passage. Medicare Improvements for Patients and (a) IN GENERAL.—Section 502(f) of division Providers Act of 2008 (Public Law 110–275), is A of the American Recovery and Reinvest- SA 3356. Mrs. MURRAY (for herself, amended by striking ‘‘September 30, 2009’’ ment Act of 2009 (Public Law 111–5; 123 Stat. Mr. HARKIN, Mrs. BOXER, Mr. BEGICH, and inserting ‘‘September 30, 2010’’. 153) is amended by striking ‘‘February 28, and Mr. BURRIS) submitted an amend- (b) SPECIAL RULE FOR FISCAL YEAR 2010.— 2010’’ and inserting ‘‘March 28, 2010’’. ment intended to be proposed to (1) IN GENERAL.—Subject to paragraph (2), (b) APPROPRIATION.—There is appropriated, amendment SA 3336 proposed by Mr. for purposes of implementation of the out of any funds in the Treasury not other- amendment made by subsection (a), includ- BAUCUS to the bill H.R. 4213, to amend wise appropriated, for an additional amount ing (notwithstanding paragraph (3) of section for ‘‘Small Business Administration – Busi- the Internal Revenue Code of 1986 to 117(a) of the Medicare, Medicaid, and SCHIP ness Loans Program Account’’, $60,000,000, to extend certain expiring provisions, and Extension Act of 2007 (Public Law 110–173), as remain available through March 28, 2010, for for other purposes; which was ordered amended by section 124(b) of the Medicare the cost of— to lie on the table; as follows: Improvements for Patients and Providers (1) fee reductions and eliminations under At the appropriate place, insert the fol- Act of 2008 (Public Law 110–275)) for purposes section 501 of division A of the American Re- lowing: of the implementation of paragraph (2) of covery and Reinvestment Act of 2009 (Public SEC. ll. TRAINING AND EMPLOYMENT SERV- such section 117(a), during fiscal year 2010, Law 111–5; 123 Stat. 151) for loans guaranteed ICES. the Secretary of Health and Human Services under section 7(a) of the Small Business Act (a) ADDITIONAL AMOUNT.—There is appro- (in this subsection referred to as the ‘‘Sec- (15 U.S.C. 636(a)), title V of the Small Busi- priated for fiscal year 2010, for an additional retary’’) shall use the hospital wage index ness Investment Act of 1958 (15 U.S.C. 695 et amount for ‘‘Training and Employment that was promulgated by the Secretary in seq.), or section 502 of division A of the Services’’ for activities under the Workforce the Federal Register on August 27, 2009 (74 American Recovery and Reinvestment Act of Investment Act of 1998 (referred to in this Fed. Reg. 43754), and any subsequent correc- 2009 (Public Law 111–5; 123 Stat. 152), as section as the ‘‘WIA’’), $1,500,000,000. That tions. amended by this section; and amount is appropriated out of any money in (2) EXCEPTION.—Beginning on April 1, 2010, (2) loan guarantees under section 502 of di- the Treasury not otherwise appropriated. in determining the wage index applicable to vision A of the American Recovery and Rein- The amount shall be available for obligation hospitals that qualify for wage index reclas- vestment Act of 2009 (Public Law 111–5; 123 for the period beginning on the date of enact- sification, the Secretary shall include the Stat. 152), as amended by this section, ment of this Act. average hourly wage data of hospitals whose Provided, That such costs, including the cost (b) ACTIVITIES.—In particular, of the reclassification was extended pursuant to of modifying such loans, shall be as defined amount made available under subsection the amendment made by subsection (a) only in section 502 of the Congressional Budget (a)— if including such data results in a higher ap- Act of 1974. (1) $1,500,000,000 shall be available for plicable reclassified wage index. Any revi- SEC. 10. SATELLITE TELEVISION EXTENSION. grants to States for youth activities, includ- sion to hospital wage indexes made as a re- (a) AMENDMENTS TO SECTION 119 OF TITLE ing summer employment for youth, which sult of this paragraph shall not be effected in 17, UNITED STATES CODE.— funds shall remain available for obligation a budget neutral manner. (1) IN GENERAL.—Section 119 of title 17, through September 30, 2010, except that— (c) ADJUSTMENT FOR CERTAIN HOSPITALS IN United States Code, is amended— (A) no portion of such funds shall be re- FISCAL YEAR 2010.— (A) in subsection (c)(1)(E), by striking served to carry out section 127(b)(1)(A) of the (1) IN GENERAL.—In the case of a subsection ‘‘February 28, 2010’’ and inserting ‘‘March 28, WIA; (d) hospital (as defined in subsection (d)(1)(B) 2010’’; and (B) for purposes of section 127(b)(1)(C)(iv) of of section 1886 of the Social Security Act (42 (B) in subsection (e), by striking ‘‘Feb- the WIA, funds available for youth activities U.S.C. 1395ww)) with respect to which— ruary 28, 2010’’ and inserting ‘‘March 28, shall be allotted as if the total amount avail- (A) a reclassification of its wage index for 2010’’. able for youth activities for fiscal year 2010 purposes of such section was extended pursu- (2) TERMINATION OF LICENSE.—Section does not exceed $1,000,000,000; ant to the amendment made by subsection 1003(a)(2)(A) of Public Law 111–118 is amended (C) with respect to the youth activities (a); and by striking ‘‘February 28, 2010’’, and insert- provided with such funds, section 101(13)(A) (B) the wage index applicable for such hos- ing ‘‘March 28, 2010’’. of the WIA shall be applied by substituting pital for the period beginning on October 1, (b) AMENDMENTS TO COMMUNICATIONS ACT ‘‘age 24’’ for ‘‘age 21’’; 2009, and ending on March 31, 2010, was lower OF 1934.—Section 325(b) of the Communica- (D) the work readiness aspect of the per- than for the period beginning on April 1, 2010, tions Act of 1934 (47 U.S.C. 325(b)) is amend- formance indicator described in section and ending on September 30, 2010, by reason ed— 136(b)(2)(A)(ii)(I) of the WIA shall be the only of the application of subsection (b)(2); (1) in paragraph (2)(C), by striking ‘‘Feb- measure of performance used to assess the the Secretary shall pay such hospital an ad- ruary 28, 2010’’ and inserting ‘‘March 28, effectiveness of summer employment for ditional payment that reflects the difference 2010’’; and youth provided with such funds; and between the wage index for such periods.

VerDate Mar 15 2010 02:26 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\RECORD10\RECFILES\S02MR0.REC S02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE S970 CONGRESSIONAL RECORD — SENATE March 2, 2010 (2) TIMEFRAME FOR PAYMENTS.—The Sec- 9:30 a.m., to conduct a hearing entitled and the motion to reconsider be laid retary shall make payments required under ‘‘Restoring Credit to Main Street: Pro- upon the table. paragraph (1) by not later than December 31, posals To Fix Small Business Bor- The PRESIDING OFFICER. Without 2010. rowing and Lending Problems.’’ objection, it is so ordered. f The PRESIDING OFFICER. Without The resolution (S. Res. 429) was NOTICES OF HEARINGS objection, it is so ordered. agreed to, as follows: COMMITTEE ON COMMERCE, SCIENCE, AND S. RES. 429 COMMITTEE ON ENERGY AND NATURAL TRANSPORTATION RESOURCES Resolved, That the following be the minor- Mr. DODD. Mr. President, I ask unan- Mr. BINGAMAN. Mr. President, I ity membership on the following committees imous consent that the Committee on for the remainder of the 111th Congress, or would like to announce for the infor- Commerce, Science, and Transpor- until their successors are appointed: mation of the Senate and the public tation be authorized to meet during COMMITTEE ON ARMED SERVICES: Mr. that the hearing scheduled before the the session of the Senate on March 2, McCain, Mr. Inhofe, Mr. Sessions, Mr. Committee on Energy and Natural Re- Chambliss, Mr. Graham, Mr. Thune, Mr. 2010, at 10 a.m., in room 253 of the Rus- sources, previously announced for Feb- Wicker, Mr. LeMieux, Mr. Brown, Mr. Burr, sell Senate Office Building. ruary 9th, has been rescheduled and Mr. Vitter, and Ms. Collins. The PRESIDING OFFICER. Without will now be held on Tuesday, March 9, COMMITTEE ON HOMELAND SECURITY objection, it is so ordered. 2010, at 10 a.m., in room SD–366 of the AND GOVERNMENTAL AFFAIRS: Ms. Col- COMMITTEE ON FINANCE lins, Mr. Coburn, Mr. Brown, Mr. McCain, Dirksen Senate Office Building. Mr. Voinovich, Mr. Ensign, and Mr. Graham. The purpose of the hearing is to ex- Mr. DODD. Mr. President, I ask unan- imous consent that the Committee on COMMITTEE ON VETERANS’ AFFAIRS: amine financial transmission rights Mr. Burr, Mr. Isakson, Mr. Wicker, Mr. and other electricity market mecha- Finance be authorized to meet during Johanns, Mr. Brown, and Mr. Graham. the session of the Senate on March 2, nisms. f Because of the limited time available 2010, at 11:15 a.m., in room 215 of the for the hearing, witnesses may testify Dirksen Senate Office Building. ORDERS FOR WEDNESDAY, by invitation only. However, those The PRESIDING OFFICER. Without MARCH 3, 2010 objection, it is so ordered. wishing to submit written testimony Mr. SCHUMER. Madam President, I for the hearing record may do so by COMMITTEE ON VETERANS’ AFFAIRS ask unanimous consent that when the sending it to the Committee on Energy Mr. DODD. Mr. President, I ask unan- Senate completes its business today, it and Natural Resources, United States imous consent that the Committee on adjourn until 9:30 a.m. on Wednesday, Senate, Washington, D.C. 20510–6150, or Veterans’ Affairs be authorized to meet March 3; that following the prayer and by e-mail to Gina_Weinstock@energy during the session of the Senate on pledge, the Journal of proceedings be .senate.gov. March 2, 2010. The Committee will approved to date, the morning hour be For further information, please con- meet in room 345 of the Cannon House deemed expired, the time for the two tact Leon Lowery at (202) 224–2209 or Office Building beginning at 2 p.m. leaders be reserved for their use later Kevin Huyler at (202) 224–6689 or Gina The PRESIDING OFFICER. Without in the day, and the Senate resume con- Weinstock at (202) 224–5684. objection, it is so ordered. sideration of H.R. 4213. COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE The PRESIDING OFFICER. Without RESOURCES Mr. DODD. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Select Com- Mr. BINGAMAN. Mr. President, I f would like to announce for the infor- mittee on Intelligence be authorized to mation of the Senate and the public meet during the session of the Senate PROGRAM that a hearing has been scheduled be- on March 2, 2010, at 2:30 p.m. Mr. SCHUMER. Madam President, fore the Senate Committee on Energy The PRESIDING OFFICER. Without tomorrow, we will resume consider- and Natural Resources. The hearing objection, it is so ordered. ation of the tax extenders legislation. will be held on Thursday, March 11, SUBCOMMITTEE ON HUMAN RIGHTS AND THE LAW Currently, we have three amendments 2010, at 10 a.m., in room SD–366 of the Mr. DODD. Mr. President, I ask unan- pending to the bill—the Thune amend- Dirksen Senate Office Building. imous consent that the Committee on ment, the Sessions amendment, and The purpose of the hearing is to re- the Judiciary, Subcommittee on the Landrieu amendment. Earlier view legislative proposals designed to Human Rights and the Law, be author- today, we were able to reach agreement create jobs related to energy effi- ized to meet during the session of the on the next four amendments in order. ciency, including a Majority Staff Senate on March 2, 2010, at 10 a.m., in Senators MURRAY and SANDERS will Draft on energy efficient building ret- room SD–226 of the Dirksen Senate Of- offer the next two Democratic amend- rofits. fice Building, to conduct a hearing en- ments and Senator BUNNING will offer Because of the limited time available titled ‘‘Global Internet Freedom and the next two Republican amendments. for the hearing, witnesses may testify the Rule of Law, Part II.’’ Rollcall votes are expected to occur by invitation only. However, those The PRESIDING OFFICER. Without throughout the day. wishing to submit written testimony objection, it is so ordered. f for the hearing record may do so by f sending it to the Committee on Energy ADJOURNMENT UNTIL 9:30 A.M. and Natural Resources, United States MAKING MINORITY PARTY TOMORROW COMMITTEE APPOINTMENTS Senate, Washington, D.C. 20510–6150, or Mr. SCHUMER. Madam President, if by e-mail to Rosemarie_Calabro@energy Mr. SCHUMER. Madam President, I there is no further business to come be- .senate.gov. ask unanimous consent that the Sen- fore the Senate, I ask unanimous con- For further information, please con- ate now proceed to the consideration of sent that the Senate stand adjourned tact Deborah Estes at (202) 224–5360 or S. Res. 429, which was submitted ear- under the previous order. Rosemarie Calabro at (202) 224–5039. lier today. There being no objection, the Senate, f The PRESIDING OFFICER. The at 9:33 p.m., adjourned until Wednes- clerk will report the resolution by day, March 3, 2010, at 9:30 a.m. AUTHORITY FOR COMMITTEES TO title. MEET The legislative clerk read as follows: f COMMITTEE ON BANKING, HOUSING, AND URBAN A resolution (S. Res. 429) making minority NOMINATIONS AFFAIRS party appointments for certain committees for the 111th Congress. Executive nominations received by Mr. DODD. Mr. President, I ask unan- the Senate: imous consent that the Committee on There being no objection, the Senate Banking, Housing, and Urban Affairs proceeded to consider the resolution. DEPARTMENT OF COMMERCE be authorized to meet during the ses- Mr. SCHUMER. I ask unanimous con- MICHAEL C. CAMUN˜ EZ, OF CALIFORNIA, TO BE AN AS- SISTANT SECRETARY OF COMMERCE, VICE DAVID sion of the Senate on March 2, 2010, at sent that the resolution be agreed to STEELE BOHIGIAN, RESIGNED.

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HONORING MR. ROBERT GEORGE IN HONOR OF DELAWARE’S inspirational. These men and women are not MEDICAL RELIEF GROUPS just medical professionals; they are heroes HON. BRIAN HIGGINS and role models. They have donated their OF NEW YORK HON. MICHAEL N. CASTLE time, their energy, and their hearts. Their ef- IN THE HOUSE OF REPRESENTATIVES OF DELAWARE forts have been tireless, and I am humbled by that which they have already accomplished. I Tuesday, March 2, 2010 IN THE HOUSE OF REPRESENTATIVES feel great pride in representing a state whose Mr. HIGGINS. Madam Speaker, I rise today Tuesday, March 2, 2010 citizens are aware of and responsive to the to pay tribute to the years of service given to Mr. CASTLE. Madam Speaker, it is with needs and affairs of our global community. the people of Chautauqua County by Mr. Rob- pride and admiration that I rise today to pay Catastrophes call for banding together. Dela- ert George. Mr. George served his constitu- tribute to the Delaware medical groups that ware’s medical community has answered that ency faithfully and justly during his tenure as have traveled to Haiti over the past month to call and, I have no doubt, will continue to do a member of the Dunkirk City Council. administer medical relief aid. To date, over so in the coming weeks and months. Public service is a difficult and fulfilling ca- five dozen individuals have gone to Haiti with f reer. Any person with a dream may enter but Delaware’s medical teams—including doctors IN RECOGNITION OF DAN HENRY’S only a few are able to reach the end. Mr. and staff from Alexis I. duPont Hospital for ACHIEVEMENTS IN THE FIELD George served his term with his head held Children, Bayhealth Medical Center, Christiana OF DENTISTRY high and a smile on his face the entire way. Care Health System, and St. Francis I have no doubt that his kind demeanor left a Healthcare Services—and a great many more lasting impression on the people of Chau- have aided in preparing and assisting the HON. JEFF MILLER tauqua County. teams with logistical planning and much need- OF FLORIDA We are truly blessed to have such strong in- ed medical supplies. IN THE HOUSE OF REPRESENTATIVES dividuals with a desire to make this county the When news of Haiti’s devastating earth- Tuesday, March 2, 2010 wonderful place that we all know it can be. Mr. quake reached members of Delaware’s med- Mr. MILLER of Florida. Madam Speaker, I George is one of those people and that is ical and disaster response community, plans rise today to recognize Dr. Dan Henry, a why, Madam Speaker, I rise to pay tribute to of aid and assistance were immediately under- Northwest Florida community leader. Dr. him today. way. Delaware medical professionals were on Henry has spent his life serving others, and I f the ground, setting up emergency clinics and am proud to honor his dedication, passion, 2009 GREAT COMEBACKS treating patients within ten days of the earth- and service. RECIPIENT FOR THE WEST REGION quake’s occurrence, a remarkable feat consid- Adopted at the age of seven by Sam and ering the effect the earthquake had on travel Helen Henry, Dan was raised in Crestview, HON. ROB BISHOP into and out of the country. Florida. He met his wife, Melinda, as an un- These medical teams are comprised of truly dergraduate at Florida State, and then went OF UTAH dedicated individuals, individuals who are able on to earn his Doctor of Dental Surgery de- IN THE HOUSE OF REPRESENTATIVES to persevere despite the physically and men- gree from the University of Maryland in 1975. Tuesday, March 2, 2010 tally demanding nature of medical missions His family moved to the Pensacola area in Mr. BISHOP of Utah. Madam Speaker, I rise and the inevitable frustration and conflict that 1977 and have remained an active part of our today to recognize Sylvia Prothro Hebert of must attend a catastrophe such as this. Each community ever since. Dan has received Park City. Sylvia has been selected as a 2009 day, all day, they see patients—administering countless awards for his work as a dentist, Great Comebacks Recipient for the West Re- aid and medications, performing desperately and served as President of the Florida Dental gion. This program honors annually a group of needed operations, and establishing local con- Association in 2006 and 2007. individuals who are living with intestinal dis- nections that will prove vital as relief work While Dr. Henry’s list of honors, awards, eases or recovering from ostomy surgery. moves forward. They do this amidst logistical and achievements are impressive by any At age 9, Sylvia Prothro Hebert was diag- challenges and harsh conditions, contending standard, his most important work happens nosed with Crohn’s disease. At first Sylvia with aftershocks, extreme weather, and a lack while serving the underprivileged. For 23 managed her symptoms with medication but of shelter, supplies and running water. Their years, Dr. Henry has led dental missions over- flare-ups became a constant companion dur- support, their efforts, and what they have been seas in association with the Methodist Church. ing college. Her weight dropped to 89 pounds, able to accomplish, including arranging for the In founding, inspiring, and orchestrating these teeth loosened and hair fell out. At age 21, her transport and treatment of critical-need babies missions, Dr. Henry has faced daunting chal- intestines were punctured during a who require medical care not available to lenges. Many of the areas in which he per- colonoscopy and she underwent ostomy sur- them in Haiti, are remarkable. formed missions are without electricity or basic gery. ‘‘I awoke with this ‘thing’ on my side and While I know there will be many more necessities needed for dental hygiene. Dr. was in shock—I thought my life was over,’’ groups, organizations, and hospitals to thank Henry created portable equipment and in- says Sylvia. going forward, I call attention today to the vented power systems that allow the dental Since her diagnosis, Sylvia has triumphed Delaware medical teams who have already re- teams to set up clinics overseas. The missions over her illness, soaring to new heights to ful- sponded with aid and resources in the wake of are able to provide dental care to some of the fill her dream of becoming a flight attendant— this major catastrophe. I wish to recognize poorest areas of the world because of Dr. and by her records—the first Delta flight at- these individuals for their quick response; they Henry’s dedication and service. He has in- tendant with an ileostomy! knew the importance of providing quality med- spired a generation of volunteers to participate Today, Sylvia, 42, lives in Park City, UT with ical care and acted with great zeal. I wish to in similar overseas missions. her husband Paul and their children, Reese, 5, recognize them for their tireless dedication; In addition to yearly missions overseas, Dr. Garrett, 31⁄2, Renee, 11⁄2. In addition to skiing, they have worked day and night, performing Henry never forgets those in need throughout Sylvia has completed two half-marathons and surgeries back-to-back. Finally, I wish to rec- our local community. Dr. Henry leads a Dental a triathlon. ‘‘I feel healthier and happier than ognize them for their continuing compassion; Fair at Chumuckla United Methodist Church, I’ve ever felt in my life,’’ says Sylvia. ‘‘Ostomy they have set aside, without reservation, their providing free dental care for children, youth, surgery gave me freedom to do things I want- own lives in order to help others. Their com- and adults of the surrounding area. Hundreds ed—it’s great to be alive.’’ mitment to the Haitian population has been te- of people are able to receive proper dental I would like to congratulate Sylvia on her re- nacious. care because of the Healing Springs Dental cent recognition as a 2009 Great Comebacks The efforts of Delaware’s medical and dis- Fair. Dr. Henry and the countless other volun- recipient. aster response community are nothing short of teer dentists, dental assistants, and hygienists

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

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.001 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E274 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 who give their time and their services deserve Mcilhenny and Benjamin J. Stollenberg, in Al- Even after the overthrow of the Hawaiian special recognition for all they do to ensure bania; Emily F. Haimowitz and Daniel R. monarchy, Native Hawaiians have continued any member of our community can receive Merin, Costa Rica; Cara A. George, Guate- to maintain their separate identity as a single proper dental care. mala; Imani D. Hulty, Mozambique; Nancy distinctly political community through cultural, Madam Speaker, on behalf of the United Morisseau, Turkmenistan; Joo Weon J. Park, social, and political institutions, and through States Congress, I am privileged to recognize China; and Danielle Porreca, Jamaica. efforts to develop programs to provide govern- Dr. Dan Henry as a Northwest Florida leader I salute these men and women and join with mental services to native Hawaiians. For ex- and international inspiration. My wife Vicki and all Americans in extending thanks to entire ample, the Hawaiian Protective Association— I wish Dan, his wife Melinda, and his children Peace Corps family, past, present and future. a political organization with by-laws and a con- Matthew and Kelly, all the best for continued You do us proud. stitution that sought to maintain unity among success. f Native Hawaiians, protect Native Hawaiian in- f terests (including by lobbying the legislature), PERSONAL EXPLANATION CELEBRATING THE 49TH ANNIVER- and promote the education, health, and eco- SARY OF THE PEACE CORPS AND nomic development of Native Hawaiians—was THE CONTRIBUTIONS OF SEN- HON. CHARLES W. DENT ‘‘organized [in 1914] . . . for the sole purpose ATOR HARRIS WOFFORD OF PENNSYLVANIA of protecting the Hawaiian people and of con- IN THE HOUSE OF REPRESENTATIVES serving and promoting the best things of their Tuesday, March 2, 2010 tradition’’ (Hearing on H.R. 13500 Before the HON. CHAKA FATTAH Committee on Territories, 66th Cong., 3d OF PENNSYLVANIA Mr. DENT. Madam Speaker, I regret that I Sess. 44 (Dec. 14, 1920) (Rev. Akaiko IN THE HOUSE OF REPRESENTATIVES was unavoidably absent on the afternoon of Akana)). Tuesday, March 2, 2010 Thursday, February 25, 2010, and all day on To this end, the Association established Mr. FATTAH. Madam Speaker, March 1 to Friday, February 26, 2010 due to a death in twelve standing committees, published a 7 is Peace Corps Week, a time to officially my family. Had I been present I would have newspaper, and also developed the framework celebrate one of the greatest ideas and most voted accordingly: Rollcall No. 67, Concurring that became the Hawaiian Homes Commis- beloved international initiatives in our nation’s in Senate Amendments to H.R. 3961—I would sion Act (HHCA) in 1921. In 1918, Prince history—49 years of hands-on good will by have voted ‘‘aye.’’ Rollcall No. 68, H. Con. Jonah Kuhio Kalanianaole, a U.S. delegate to nearly 200,000 volunteers dispatched to 139 Res. 227, Supporting the goals and ideals of Congress, founded the Hawaiian Civic Clubs, countries. National Urban Crimes Awareness Week—I the goal of which was to perpetuate the lan- It is also an opportunity to pay tribute to my would have voted ‘‘aye.’’ Rollcall No. 69, H. guage, history, traditions, music, dances and fellow Philadelphian Harris Wofford, the Father Amdt. 573 (REYES of Texas) to H.R. 2701—I other cultural traditions of Hawaii. The clubs’ of National Service, who developed, nurtured would have voted ‘‘no.’’ Rollcall No. 70, H. first project was to secure enactment of HHCA and led the Peace Corps as it grew to reality Amdt. 575 (HASTINGS of Florida) to H.R. and the clubs remain in existence today. from then-Senator John F. Kennedy’s chal- 2701—I would have voted ‘‘aye.’’ Rollcall No. Efforts to maintain a distinct political com- lenge to college students to serve in the cause 71, H. Amdt. 584 (SCHAUER of Michigan) to munity have continued into the present day. of peace. H.R. 2701—I would have voted ‘‘aye.’’ Rollcall Examples include the 1988 Native Hawaiian Harris Wofford has devoted his life and his No. 72, Motion to Recommit with Instructions, Sovereignty Conference; the Kau Inoa organi- creative energies to the civil society, civil H.R. 2701—I would have voted ‘‘aye.’’ Rollcall zation, which registers Native Hawaiians for a rights and service to humanity. In addition to No. 73, H.R. 2701, Intelligence Authorization movement toward a Native Hawaiian gov- his seminal work in founding the Peace Corps, Act for Fiscal Year 2010—I would have voted erning entity; the efforts to protect the North he served as Chief Executive Officer of the ‘‘no.’’ Rollcall No. 74, H. Con. Res. 238, Rec- Western Hawaiian Islands because of their Corporation for National and Community Serv- ognizing the difficult challenges Black veterans cultural and traditional significance; the cre- ice—our domestic Peace Corps—which fol- faced when returning home after serving in the ation in the Hawaii State Constitution of the lowed an all-too-brief and highly principled four Armed Forces, their heroic military sacrifices, Office of Hawaiian Affairs, which serves as an years as United States Senator. He has con- and their patriotism in fighting for equal rights entity to protect Native Hawaiian interests; and tinued his bipartisan advocacy for responsible and for the dignity of a people and a Nation— the development of traditional justice pro- and caring citizenship on behalf of America’s I would have voted ‘‘aye.’’ grams, including a traditional method of alter- Promise, Youth Service America, the Points of f native dispute resolution, ‘‘ho‘oponopono,’’ Light Foundation, and Experience Wave. which has been endorsed by the Native Ha- The 49th anniversary of the founding of the NATIVE HAWAIIAN GOVERNMENT waiian Bar Association. Peace Corps by President Kennedy on March REORGANIZATION ACT OF 2009 Moreover, as the findings of H.R. 2314 ex- 1, 1961, is a great cause for celebration. But plain, the Native Hawaiian people have ac- it’s also a time to recognize that the reason HON. MAZIE K. HIRONO tively maintained native traditions and cus- we are celebrating is that, for the past 49 OF HAWAII tomary usages throughout the Native Hawai- years, every week has been Peace Corps IN THE HOUSE OF REPRESENTATIVES ian community and the Federal and State courts have continuously recognized the right Week—over 2,500 Peace Corps Weeks. Tuesday, March 2, 2010 Today, more than 7,600 volunteers in 76 of the Native Hawaiian people to engage in nations are carrying out the vision of President Mr. HIRONO. Mr. Speaker, I rise today to certain customary practices and usages on Kennedy, Senator Wofford and so many other provide additional remarks on H.R. 2314, the public lands. great and little known Americans who have Native Hawaiian Government Reorganization For example, traditional Native Hawaiian made the Peace Corps synonymous with Act of 2009, a bill the House passed with a fishing and water rights are protected by state American service and sharing, American clear majority vote of 245–164 on February law (Haw. Rev. Stat. § 174C–101(c) & (d) teaching and know-how, American compas- 23, 2010. (2008) (stating that certain traditional and cus- sion and peace work. I congratulate all these At the end of the 18th century, King Kame- tomary water rights ‘‘shall not be abridged or fine young—and not so young—men and hameha I united the separate island denied,’’ or ‘‘diminished or extinguished,’’ by women for their selfless efforts. chiefdoms under one Hawaiian monarchy, provision of the State Water Code)]; id. The Peace Corps has been the experience which was recognized by the United States. § 187A–23 (1985) (providing for recognition of building and jumping off point for many promi- This unified Native Hawaiian self-rule contin- certain ‘‘vested fishing rights’’ linked to ‘‘an- nent Philadelphians—including one notable ued through most of the 19th century, with Na- cient regulations’’). alumnus from my hometown, ‘‘Hardball’s’’ tive Hawaiians ‘‘constitut[ing] the over- Hawaii courts have also recognized and Chris Matthews. Today, I want to commend a whelming majority of the political community upheld traditional gathering and access rights, dazzling dozen current Peace Corps volun- that participated in decisionmaking in the King- (See, e.g., Public Access Shoreline Hawaii v. teers who have traveled from their homes in dom,’’ (Jon M. Van Dyke, Population, Voting, Hawaii County Planning Comm’n, 903 P.2d the Second Congressional District of Pennsyl- and Citizenship in the Kingdom of Hawai’i, 28 1246 (Haw. 1995); State v. Hanapi, 970 P.2d vania, in Philadelphia and Montgomery Coun- U. Haw. L. Rev. 81, 81 (2005)), and came to 485 (Haw. 1998); Kalipi v. Hawaiian Trust Co., ty, for two years of service abroad. an end only when, in 1893, commercial inter- 656 P.2d 745 (Haw. 1982)). Further, Native They are Kaye Bullemeier, Darline Dameus ests overthrew the Hawaiian monarchy with Hawaiian traditional practices are often per- and Noel C. Kuck, now in Malawi; Lauren J. the support of the U.S. government. mitted on federal parks land (See, e.g., 16

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These practices and legal Hawaiians, pursuant to Acts of Congress, dian blood adopted a constitution and bylaws, protections further reinforce the Native Hawai- have substantial lands set aside for their ben- which were then approved by the appropriate ian community’s continuing status as a dis- efit: 200,000 acres of Homestead Act land on federal officials. tinctly native community. which there are thousands of leases to Native Against that background, Mississippi argued Congress has recognized the distinct status Hawaiians that furnish homes to tens of thou- that Congress lacked constitutional authority to of the Native Hawaiians by ‘‘extend[ing] serv- sands of Hawaiians, and a 20 percent interest establish federal criminal jurisdiction in the ices to [them]’’ on the basis of that status, rec- in the income generated by 1.2 million acres Choctaw Reservation (John, 437 U.S. at 652). ognizing that they are ‘‘the native people of a of public trust lands under the Admission Act. The U.S. Supreme Court rejected that argu- prior-sovereign nation with whom the United The fact that the indigenous Hawaiian com- ment, explaining: ‘‘[I]n view of the elaborate States has a special political and legal rela- munity does not presently have a central oper- history of relations between the Mississippi tionship.’’ (See, e.g., Brief of United States at ating tribal government recognized by the U.S. Choctaws and the United States, we do not 4–5 & nn.2–4, Rice v. Cayetano, 528 U.S. 495 Department of the Interior does not remove agree that Congress and the Executive (2000) (noting that Congress has ‘‘established that community from the scope of Congress’s Branch have less power to deal with the af- special Native Hawaiian programs in the areas Indian affairs power. Initially, the Constitution fairs of the Mississippi Choctaws than with the of health care, education, employment, and does not limit Congress’s Indian affairs power affairs of other Indian groups. Neither the fact loans,’’ ‘‘has enacted statutes to preserve Na- to groups with a particular government struc- that the Choctaws in Mississippi are merely a tive Hawaiian culture, language, and historical ture. ‘‘[S]ome bands of Indians, for example, remnant of a larger group of Indians, long ago sites, and ‘‘by classifying Native Hawaiians as had little or no tribal organization, while others removed from Mississippi, nor the fact that ‘Native Americans’ under numerous federal were highly organized.’’ (Fishing Vessel Ass’n, federal supervision over them has not been statutes, . . . has extended to Native Hawai- 443 U.S. at 664). Nor does the Constitution continuous, destroys the federal power to deal ians many of ‘the same rights and privileges limit Congress’s power to groups that continue with them.’’ accorded to American Indian, Alaska Native, to exercise all aspects of sovereignty. Euro- Eskimo, and Aleut communities’ ’’ and col- pean ‘‘discovery’’ and the establishment of the I would like to take this opportunity to pro- lecting examples of these congressional United States necessarily diminished certain vide clarification on the legislative intent of acts)). aspects of Indian sovereignty (Johnson, 21 H.R. 2314, particularly for Sections 2, 3, 4, 5, Other specific examples of Congress’ rec- U.S. (8 Wheat.) at 574; Cherokee Nation, 30 7, 8, and 9. My remarks for Sections 3 and 9 ognition of the distinct status of the Native Ha- U.S. (5 Pet.) at 45). Thus, under the Constitu- are supplementary to the remarks previously waiians include the Native American Lan- tion, ‘‘[f]ederal regulation of Indian tribes . . . made by Congressman Abercrombie. guage Act of 1990, which recognized and is governance of once-sovereign political com- SEC. 2. FINDINGS clarified the language rights of American Indi- munities’’ (Antelope, 430 U.S. at 646). Section 2 sets forth Congressional findings ans, Alaskan Natives, Native Hawaiians, and Moreover, the United States’ authority over that support this legislation. These findings, Pacific Islanders and explicitly allowed excep- Indian affairs does not emanate simply from among other things, identify some of the key tions to teacher certification requirements for the Commerce Clause’s reference to ‘‘Indian respects in which Congress has previously instruction in Native American languages; the Tribes.’’ Rather, the Constitution implicitly legislated for the benefit of the Native Hawai- Native Hawaiian Education Act of 1988 (Title gives Congress power to manage Indian af- ian people—thereby recognizing them as a IV of the Augustus F. Hawkins-Robert T. Staf- fairs more generally (Seber, 318 U.S. at 715; distinctly native community and thus within ford Elementary and Secondary School Im- Sandoval, 231 U.S. at 45–46; Kagama, 118 Congress’s power to legislate in respect of In- provement Amendments of 1988) which U.S. at 383–384). That power does not dis- dian tribes—and discusses some of the past awarded $30 million annually in competitive integrate when an indigenous people loses its and current ways in which the Native Hawai- education grants to programs benefitting na- formal government structure. In the first place, ian peoples have preserved their culture, tradi- tive Hawaiian students; the Native Hawaiian the loss of a particular form of government is tions, and identity as a distinctly native people, Assessment Project of 1983; and special edu- not tantamount to termination of all sov- and given expression to their rights as native cation programs specifically targeting Native ereignty or of the prospect that sovereignty peoples to self-determination and self-govern- Hawaiian students. might be given expression in the future ance. As the 1993 Apology Resolution and other through governmental or other structures. In recent federal statutes extending educational the case of Native Hawaiians, a variety of Na- SEC. 3. DEFINITIONS and health benefits to Native Hawaiians make tive Hawaiian organizations are active in a Congressman Abercrombie, the bill’s chief clear, Congress has found that: (1) Native Ha- broad range of Native political, cultural, reli- sponsor, has extensively discussed this sec- waiians are ‘‘a distinct and unique indigenous gious, legal, and land-related matters, and fur- tion of the bill. To supplement his remarks, I people with a historical continuity to the origi- nish vehicles for the expression of self-deter- would like to clarify that Kuleana lands are nal inhabitants of the Hawaiian archipelago,’’ mination over important aspects of Hawaiian parcels of land granted to Native Hawaiian 42 U.S.C. 11701(1); 20 U.S.C. 7902(1); (2) affairs, and thus confirms that Native Hawai- tenant farmers between 1850 and 1855. In Native Hawaiians exercised sovereignty over ians constitute a present-day ‘‘political’’ com- 1848, in what is known as the Great Mahele, the Hawaiian Islands, 20 U.S.C. 80q–14(11); munity (Cf. 25 C.F.R. 83.7(c)). King Kamehameha III divided up land among (3) the overthrow of the Kingdom of Hawaii Further, the Supreme Court has made clear the Kingdom, high-ranking chiefs, and the ter- was ‘‘illegal’’ and deprived Native Hawaiians of that a central operating tribal government is ritorial government, ‘‘subject to the rights of their right to ‘‘self-determination,’’ 107 Stat. not a predicate for legislation on behalf of in- the native tenants (2 Rev. Laws Haw. 2152 1513; (4) the government installed after the digenous people. For example, in John, 437 (1925)). overthrow ceded 1.8 million acres of land to U.S. at 634, the Court upheld the power of the United States ‘‘without the consent of or Congress to provide for a group of Mississippi The Kuleana Act of August 6, 1850, pro- compensation to the Native Hawaiian people Choctaw Indians that did not have a federally vided a process by which native tenants who of Hawaii or their sovereign government,’’ id. recognized tribal government. The United had occupied and improved the land could at 1512; (5) ‘‘the indigenous Hawaiian people States had entered into a treaty under which apply to the Land Commission for a royal pat- never directly relinquished their claims to their the Choctaw Indians would leave Mississippi ent and obtain fee title to those parcels of land inherent sovereignty as a people or over their by 1833. In the 1890s, however, the United (Jon J. Chinen, The Great Mahele: Hawaii’s national lands to the United States,’’ ibid.; and States became aware that a group of Choc- Land Division at 29, 31 (1958)). Approximately (6) ‘‘the Native Hawaiian people are deter- taws had not left Mississippi. Even though the 28,600 acres of land were awarded under the mined to preserve, develop and transmit to fu- United States did not regard that remaining Kuleana Act (U.S. Departments of Interior and ture generations their ancestral territory, and group as members of a federally recognized Justice, From Mauka to Makai: The River of their cultural identity in accordance with their tribe, it began to provide services and land to Justice Must Flow Freely, at 24 (2000)). own spiritual and traditional beliefs, customs, individual Choctaws in Mississippi. Also, it should be noted that in its tribal ac- practices, language, and social institutions,’’ In 1939, Congress declared that the lands knowledgment process, the U.S. Department id. at 1512–1513. that had been purchased for individual Choc- of the Interior has repeatedly relied on partici- Those findings demonstrate that indigenous taws would be held in trust for Choctaw Indi- pation in community organizations as an im- Hawaiians, like numerous tribes in the conti- ans of one-half or more Indian blood, resident portant indicator of the existence of a distinct nental United States, share historical and cur- in Mississippi, and in 1944, Congress made community. Community activities that the De- rent bonds within their community. Also like those lands a reservation. Finally, in 1945, partment has cited in support of the existence

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.001 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E276 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 of a community include churches, organiza- entity on federal programs or policies that may election authorized and called by the Sec- tions devoted to management of group ceme- affect Native Hawaiian rights, resources, or retary of the Interior under such rules and reg- teries, the existence of organized social func- lands. The nature and form of this consultation ulations as he may prescribe’’)). tions or collective economic activity, and orga- is expected to parallel the consultation proc- Section 8 goes on to provide for verification nized participation in political activities and de- ess for Indian tribes, which is guided presently of eligibility by a Commission established by bate (Branch of Acknowledgment and Re- by the requirements of Executive Order 13175 the Secretary of the Interior, and an initial search, Acknowledgment Precedent Manual at and by the President’s November 5, 2009 election for members of a Native Hawaiian In- 26–32 (2002)). memorandum on the implementation of that terim Governing Council through a series of For example, in concluding that it was ap- Order. Executive Order 13175 requires that meetings organized by the Commission in propriate to acknowledge the Jena Band of federal agencies have in place a process to consultation with the Secretary. It also pro- Choctaw Indians as a sovereign Tribe, the De- allow meaningful input from tribes in the devel- vides that the Council, after developing or- partment cited, among other considerations, opment of regulations and policies that have ganic governing documents, shall submit them the Tribe’s collective maintenance of a ceme- significant implications for tribes. The Hawaii to the Secretary for certification. These proce- tery and associated traditional practices, and Congressional Delegation anticipates that the dures closely track the procedures set forth in the existence of a Tribal organization that consultation envisioned by this section will previous reorganization legislation enacted ‘‘conducts Choctaw language and history proceed in a similar manner. with respect to Indian tribes (See, e.g., 25 classes at the tribal center after school hours SEC. 7. DESIGNATION OF DEPARTMENT OF JUSTICE U.S.C. § 711a et seq.). and during the summer’’ (Proposed Finding for REPRESENTATIVE In general, Section 8 calls for the federal Federal Acknowledgment of the Jena Band of This section provides for the U.S. Depart- government to play a relatively minor role in Choctaw Indians, 59 Fed. Reg. 54,496 (Oct. ment of Justice to designate an official to as- setting the rules for the election of officers of 31, 1994); see also 60 Fed. Reg. 28,480 (May sist the Office of Native Hawaiian Relations in the Native Hawaiian governing entity. In par- 31, 1995) (final acknowledgment)). Likewise, carrying out its functions. The Department of ticular, while the federally created Commission the ability of leaders to organize a community Justice already has an office that performs a will call an initial meeting for persons on the to address a particular issue has been cited similar function with respect to the Depart- roll, it is these roll members who will deter- as evidence of the existence of internal polit- ment’s relationship with Indian tribes, the Of- mine the criteria for candidates to serve on the ical organization, another criterion for acknowl- fice of Tribal Justice. The Hawaii Congres- Council, determine the structure of the Coun- edgment. For example, the Acknowledgment sional Delegation anticipates that the official cil, and elect its members. The degree of fed- Precedent Manual cites the ability of a Narra- designated under this section will carry out his eral involvement contemplated by H.R. 2314 is gansett leader to organize opposition to the or her functions in a similar manner. thus consistent with the historical role Con- draining of a cedar swamp as evidence sup- gress has played in assisting Indian tribes in SEC. 8. PROCESS FOR REORGANIZATION OF NATIVE HA- porting acknowledgment of that group WAIIAN GOVERNING ENTITY AND REAFFIRMATION OF reorganizing politically (See 25 U.S.C. § 476(a) ((Branch of Acknowledgment and Research, SPECIAL POLITICAL AND LEGAL RELATIONSHIP BE- (noting that special elections for ratifying tribal Acknowledgment Precedent Manual at 40 TWEEN THE UNITED STATES AND NATIVE HAWAIIAN constitutions and bylaws may be ‘‘authorized (2002)). GOVERNING ENTITY. and called by the Secretary of the Interior SEC. 4. UNITED STATES POLICY AND PURPOSE Federal recognition of a Native Hawaiian under such rules and regulations as he may In Section 4, the United States reaffirms its governing entity does not occur immediately prescribe’’); 25 U.S.C. § 711a et seq). political and legal relationship with the Native upon enactment of the bill. Only after the cer- SECTION 8(B). COMMISSION. Hawaiian people, and the distinct nature of the tification requirements described in section Section 8(b) provides for the creation of a Native Hawaiian community. Section 4 also 8(c)(4) are met would the United States reaf- Commission to oversee the preparation of a explains that Congress is exercising its ability firm its special political and legal relationship roll of qualified Native Hawaiian constituents. to enact legislation directed to Native Hawai- with the Native Hawaiian governing entity, and As specified in section 8(b)(2), the Commis- ians, and reaffirms that Native Hawaiians have extend federal recognition to the Native Ha- sion is expected to be an expert body, with an inherent right to autonomy in their internal waiian governing entity. Sec. 8(c)(6). particular expertise in Native Hawaiian gene- affairs and an inherent right to self-determina- Section 8 sets out the process for the reor- alogy and culture. The Hawaii Congressional tion and self-governance. ganization of the single Native Hawaiian gov- Delegation recognizes that the task of com- In acting to promote Native Hawaiian auton- erning entity. As previously discussed, Con- piling a roll of qualified Native Hawaiian con- omy and self-government, Congress is acting gress has a long history of enacting such leg- stituents is likely to be complex, and may re- in accord with the United States’ policy over islation under its Indian affairs power. The quire technical decisions as to which individ- the last several decades toward Indian tribes process in H.R. 2314 for recognizing a Native uals have a sufficient connection to the Native generally (See, e.g., Indian Self-Determination Hawaiian self-governing entity is analogous to Hawaiian community, based on the criteria set and Education Assistance Act of 1975, Pub. L. the process established by prior tribal reorga- forth in this legislation. No. 93–638, 88 Stat. 2203 (codified as nization legislation, and also to the process by Relevant types of determinations will include amended at 25 U.S.C. §§ 450–458bbb–2 which the United States recognizes Indian decisions as to which types of documentation (2007) (recognizing the obligation of the tribes. are sufficient under section 8(c)(1)(C), and as United States to advance Indian ‘‘self-deter- For example, H.R. 2314 would establish a to how the definition of ‘‘qualified Native Ha- mination by assuring maximum Indian partici- ‘‘roll of Native Hawaiian constituents’’ that waiian constituent’’ that appears in section pation in the direction of . . . Federal services would define initial membership in the Native 3(12) will be interpreted and applied. The to Indian communities so as to render such Hawaiian self-governing community based on Commission, as the expert body with authority services more responsive to the needs and lineal descent and continued connection to the to compile the roll, is charged with resolving desires of those communities’’); Indian Financ- Native Hawaiian community and Native Ha- these questions. The Hawaii Congressional ing Act of 1974, as amended, 25 U.S.C. waiian lands. Prior tribal restoration acts have Delegation expects that courts and govern- § 1451 (2007) (expressing Congress’s policy similarly relied on an initial roll in determining ment agencies will accord significant def- ‘‘. . . to help develop and utilize Indian re- eligibility to participate in tribal reorganization erence to the Commission’s expert decisions, sources . . . to a point where the Indians will elections (See, e.g., 25 U.S.C. § 711b(a) & and will allow the Commission to make eligi- fully exercise responsibility and management (b)). bility decisions in the first instance. There is a of their own resources’’). See also Executive Current federal regulations similarly require provision in section 8(c) for an administrative Order 13175, 59 Fed. Reg. 22951 (Nov. 9, newly recognized tribes to submit a ‘‘base roll’’ appeal for any person whose name is ex- 2000) (‘‘The United States recognizes the right of members, and these rolls can be based in cluded from the roll. of Indian tribes to self-government and sup- part on rolls prepared by the Department of Moreover, the Hawaii Congressional Dele- ports tribal sovereignty and self-determina- the Interior for purposes of federal allotments gation emphasizes that the Commission is ex- tion.’’)). (See 25 CFR §§ 83.7(e)(1)(i), 83.12(b); see pected to complete a roll of qualified Native SEC. 5. UNITED STATES OFFICE FOR NATIVE HAWAIIAN also 25 U.S.C. § 476(a) (‘‘Indian Reorganiza- Hawaiian constituents without delay, in order RELATIONS tion Act of 1934’’) (providing that Indian Tribes to allow the organizing process set forth in The United States Office for Native Hawai- ‘‘shall have the right to organize for its com- section 8 to proceed on schedule. The Dele- ian Relations, established by section 5, and mon welfare, and may adopt an appropriate gation anticipates that the Commission will es- the Native Hawaiian Interagency Working constitution and bylaws, which shall become tablish appropriate deadlines, rules of proce- Group, established by section 6, are required effective when ratified by a majority vote of the dure, and other requirements to allow the to consult with the Native Hawaiian governing adult members of the tribe . . . at a special timetables set forth in this legislation to be met

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.003 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E277 while giving due consideration to the claims of Supp. 1480, 1486 (D. Haw. 1993), affd, 45 tion from the University of Georgia. He came those seeking to be included on the roll. F.3d 333 (9th Cir. 1995); Keaukaha-Panaewa back to South Carolina to work for the Upper SEC. 8(C). PROCESS FOR REORGANIZATION OF NATIVE Community Ass’n v. Hawaiian Homes Savannah Council of Governments. He later HAWAIIAN GOVERNING ENTITY. Comm’n, 588 F.2d 1216, 1224 n. 7 (9th Cir. worked for the city of Lancaster before becom- Sec. 8(c)(1) Roll: The sole purpose of the 1979); Naiwiona Kupuna O mokapu v. Dalton, ing Cheraw’s town administrator. roll established by the Commission is to com- 894 F. Supp. 1397 (D. Haw. 1995); He is very involved in the community serv- pile a list of those qualified Native Hawaiian Liliuokalani v. United States, 45 Ct. Cl. 418 ing as a former president of the Cheraw Ro- constituents who can take part in the initial re- (1910). See also Burgert v. Lokelani Bernice tary Club, former chairman of the South Caro- organization of a Native Hawaiian government. Pauahi Bishop Trust, 200 F.3d 661 (9th Cir. lina Cotton Trail Committee, and as a former Sec. 8(c)(1)(C)(III): Permits elderly Native 2000); ’Ohana v. United States, 76 F.3d 280 board member for the Girls Scouts of Eastern Hawaiians and other qualified Native Hawaiian (9th Cir. 1996); Price v. Akaka, 3 F.3d 1220 South Carolina. He is a current board member participants lacking birth certificates or other (9th Cir. 1995); Ulaleo v. Paty, 902 F.2d 1395 for the South Carolina Advanced Technology documentation due to birth on Hawaiian Home (9th Cir. 1990); Territory v. Kapiolani, 18 Haw. Education Center and is a member of the Lands or other similar circumstances to estab- 640, 645–46 (1908); Territory v. Puahi, 18 Cheraw Economic Development Corporation, lish lineal descent by sworn affidavits from two Haw. 649 (1908); Bush v. Watson, 918 P.2d the Carolinas Centre Industrial Park Corpora- or more qualified Native Hawaiian participants. 1130 (Haw. 1996); Aged Hawaiians v. Hawai- tion, and the Chesterfield County Extension This provision was included to address cases ian Homes Comm’n, 891 P.2d 279 (Haw. Advisory Council. of hardship, and is not expected to be applied 1995); Bush v. Hawaiian Homes Comm’n, 870 Bill is also a member of a number of profes- routinely. The Hawaii Congressional Delega- P.2d 1272 (Haw. 1994); Pele Defense Fund v. sional organizations including the Alliance for tion anticipates that the Commission will es- Paty, 837 P.2d 1247 (Haw. 1992)). Innovation and the Governor’s Drought Re- tablish specific prerequisites allowing individ- The Hawaii Congressional Delegation envi- sponse Committee. He serves as the south- uals to demonstrate that they are unable to sions that issues concerning asserted historic eastern regional vice president for the Inter- obtain a birth certificate. or moral claims may be the subject of negotia- national City & County Management Associa- Sec. 8(c)(1)(I): Directs the Commission to tions among the new Native Hawaiian gov- tion and is a former member of the organiza- publish the notice of the certification of the roll erning entity, the State of Hawaii, and the tion’s executive board. He is also a former ‘‘regardless of whether appeals are pending.’’ United States, together with the other issues state president of the South Carolina City and This provision is meant to ensure that chal- encompassed within the process set forth in County Management Association and is a lenges to the roll do not delay organization of section 9(c) of this Act, and that such negotia- graduate of the South Carolina Executive Insti- the Native Hawaiian governing entity. The Ha- tions will provide an appropriate forum in tute. Bill and his beloved wife, Mindy, have waii Congressional Delegation emphasizes the which to address these claims questions. H.R. three children—Olivia, Katie, and Brandon. importance of the deadlines established by 2314 will not limit claims by the Native Hawai- Madam Speaker, I ask you and my col- this legislation. Barring unusual circumstances, ian governing entity that first arise after rec- leagues to join me in congratulating Bill Taylor the existence of pending disputes as to the in- ognition of the Native Hawaiian governing enti- on his selection as Cheraw’s 2009 Citizen of clusion of particular individuals on the roll ty. the Year. This honor is recognition of his long should not be allowed to delay the reorganiza- In closing, I thank my colleagues for their commitment of service to his community and tion process set forth in this section. votes in support of Native Hawaiians, who, like its people. I believe that the highest com- SEC. 9. REAFFIRMATION OF DELEGATION OF FEDERAL AU- American Indians and Alaska Natives, have an pliment you can be paid for your work is to be THORITY TO STATE OF HAWAII; GOVERNMENTAL AU- inherent sovereignty based on their status as recognized by your peers. This award shows THORITY AND POWER; NEGOTIATIONS; CLAIMS indigenous, aboriginal people. Mahalo nui loa that Bill Taylor’s peers appreciate his nearly Congressman Abercrombie has also exten- (thank you very much). 29 years of dedication and service. I am sively discussed Section 9 of H.R. 2314. To f pleased to add my voice to those in Cheraw supplement his remarks, I would like to add in thanking Bill Taylor for his tremendous con- that ‘‘Indian country’’ is a term codified by fed- TRIBUTE TO J. WILLIAM ‘‘BILL’’ tributions. TAYLOR eral statute (18 U.S.C. 1151). Although section f 1151 defines ‘‘Indian country’’ for the purpose of delineating the scope of federal criminal ju- HON. JAMES E. CLYBURN RECOGNIZING WOLCOTT MILL risdiction over Indians, the Supreme Court has OF SOUTH CAROLINA METROPARK applied the definition to determine the scope IN THE HOUSE OF REPRESENTATIVES of tribal territorial jurisdiction, as well (Alaska Tuesday, March 2, 2010 HON. CANDICE S. MILLER v. Native Village of Venetie, 522 U.S. 520, 527 OF MICHIGAN (1998); DeCoteau v. District County, 420 U.S. Mr. CLYBURN. Madam Speaker, I rise IN THE HOUSE OF REPRESENTATIVES 425, 427, n.2 (1975)). today to pay tribute to a good friend, Cheraw, Because section 1151 expressly refers to South Carolina’s 2009 Citizen of the Year, Mr. Tuesday, March 2, 2010 ‘‘Indian country,’’ ‘‘Indian reservation[s],’’ ‘‘de- J. William ‘‘Bill’’ Taylor. Mr. Taylor received the Mrs. MILLER of Michigan. Madam Speaker, pendent Indian communities,’’ and ‘‘Indian al- Cheraw Chamber of Commerce’s award last I rise today to honor and recognize Wolcott lotments’’—but never refers expressly to ‘‘Na- November. Mill Metropark in Ray Township, Michigan. On tive Hawaiians’’ or to the ‘‘Native Hawaiian Bill Taylor was recognized with this distin- December 8, 2009, Wolcott Mill was listed on governing entity’’—the bill neither creates nor guished honor for the tremendous work he the National Historic Places Register thanks to recognizes any ‘‘Indian country’’ within the has done for nearly 29 years as Cheraw’s the hard work of volunteer Kathie Lucas of Ar- State of Hawaii (See Sec. 10(c)(2)). The town administrator. He has served in the post mada and Supervising Interpreter Bill Thomas. scope of the Native Hawaiian governing enti- under four mayors and numerous members of Wolcott Mill Metropark is a 2,380 acre park ty’s jurisdiction could be changed by further the town council. Another longtime personal which includes a 250 acre working farm, an 18 legislation, including legislation enacted to im- friend, Howard Duvall, the former Cheraw hole golf course, 10 miles of equestrian trails, plement an agreement negotiated under para- Mayor who hired Bill in May 1981, presented and is the home of ‘‘Camp Rotary,’’ a camping graphs (1) and (2) of section 9(c). the Citizen of the Year award to him. area for organized youth groups. In 1847 the Likewise, the Secretary of Interior lacks stat- Duvall characterized Bill’s greatest strength namesake mill was built and continued oper- utory authority to take land into trust on behalf as his management style. He has instilled loy- ating as a grain grinder until 1967. of the Native Hawaiian sovereign. Such au- alty and respect among his staff, which has This machinery is still viewable and offers thority will only exist if Congress specifically resulted in low turnover and many department visitors an opportunity to see firsthand the im- provides for it in future legislation. Nor would heads who have worked for him nearly 20 portance of old mills and the antique farming such territorial jurisdiction arise by another years. Among his other accomplishments are equipment used. method, absent express Congressional direc- erecting the Dizzy Gillespie statue honoring I am proud to have Wolcott Mill Metropark tion. the hometown jazz legend, and the develop- in my congressional district and I congratulate There has been extensive litigation relating ment of the Carolina Centre Industrial Park, the Huron-Clinton Metropolitan Authority on to land claims, claims for money damages, the Cheraw Community Center, Arrowhead this historic occasion. and other types of claims, dating back at least Park, and the Theatre on the Green. Bill Madam Speaker, I ask my colleagues to join to 1910 (E.g., Hawaii v. OHA, 129 S. Ct. 1436 earned a Bachelor’s degree from Clemson me in honoring Wolcott Mill Metropark and (2009); Han v. Department of Justice, 824 F. University and a Master’s in Public Administra- congratulating them on this recognition.

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.004 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E278 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 HONORING ED GOTTHARDT COMMENDING THE NORTH monthly Child Safety Seat Fitting Station and CLACKAMAS CHAMBER COMMU- has trained, certified, and re-certified 36 CPS NITY SAFETY HONOREES technicians in North Clackamas County. HON. HENRY CUELLAR Portland Mountain Rescue, a volunteer or- ganization that provides specialized search OF TEXAS HON. KURT SCHRADER OF OREGON and rescue services to Mt. Hood and other IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES areas in the region and participated in 10 mountain rescues in 2008, in addition to pro- Tuesday, March 2, 2010 Tuesday, March 2, 2010 viding outdoor and wilderness safety training Mr. SCHRADER. Madam Speaker, for the to the community. Mr. CUELLAR. Madam Speaker, I rise today third year, the North Clackamas Chamber of And Larry Alexander, from the Boring Water to honor the contributions of the late Ed Commerce in my district is holding a Commu- District, who is the first recipient of the North Gotthardt, former Mayor of Seguin, Texas. nity Safety Luncheon to recognize the mem- Clackamas Chamber’s Shining Star Safety Mayor Gotthardt served the community bers of the community whose actions have im- Award, for his work in securing funding for the through his distinguished business career and proved public safety in our local neighbor- water district as well as his work in estab- great service as mayor for two terms in hoods. For some of these men and women, lishing an effective notification system to notify Seguin, Texas. they’re first responders and public safety em- all Boring Water customers of an emergency ployees who regularly go above and beyond Mayor Gotthardt was born on January 1929 in under one minute. He’s also been an active the call of duty in their jobs. For others, they in Galle, Texas and passed away of natural volunteer in his home community, starting a are tireless volunteers, giving up hours of their causes February 2010 in New Braunfels, neighborhood watch with the Clackamas free time to improve the lives of their neigh- County Sheriff’s Office. Texas. His accomplished lifetime as a busi- bors. But all of them are being recognized To these men and women as well as every nessman and mayor stemmed from his hum- today because of the importance of what they other community safety volunteer who does ble beginnings. His childhood was spent on a do and because the support of community their part to keep our neighborhoods safe, I farm in Galle in a town between Seguin and members like these is key to the success of say thank you for all that you do. San Marcos where he learned about produce. public safety departments throughout the f He received his education in the public country. schools of Guadalupe County, where he grad- I’d like to take a minute to recognize the RECOGNIZING THE DIFFICULT uated from high school. At the age of twenty- brave and selfless men, women and organiza- CHALLENGES AND HEROISM OF BLACK VETERANS one, the late Gotthardt was hired as a produce tions who are being honored by the North worker at a local grocery store. With a twelfth Clackamas Chamber today: American Medical Response River Rescue, SPEECH OF grade education, he rose through the ranks to which worked to turn a local community swim- store manager, unit director, to the corporate HON. CHARLES B. RANGEL ming hole on the Clackamas River from a OF NEW YORK office as a buyer and then as Vice President dangerous site where drowning deaths were IN THE HOUSE OF REPRESENTATIVES of Produce Marketing. In the 1980s, he retired an all too regular occurrence to a safe swim- Wednesday, February 24, 2010 having lived during his career throughout the ming location for the community. area in Seguin, San Antonio, and Corpus Amy Bullard, a retired teacher from the Or- Mr. RANGEL. Mr. Speaker, I rise today to Christi. The late Gotthardt had a thirty-seven egon Trail School District, who helped train recognize the challenges and difficulties that year career in the grocery business before over 1,000 students at Sandy High School in our Black veterans encounter as they embark serving two three-year terms as Mayor. After lifesaving skills when she incorporated CPR on reintegrating to civilian life. I would also like his retirement, he later served as President of and first aid training into the tenth grade to commend the Honorable LARRY KISSELL for the H-E-B grocery store retirees’ organization. health classes. introducing H. Con. Res. 238, and his convic- Damascus Community Church, which has tion on recognizing the importance of their In 1990, Gotthardt announced that he hosted shelter trainings and been a leader in military sacrifices and patriotism. planned to run for mayor of Seguin. He had the community in emergency management op- The story of the African American soldier is not previously held any position in public of- erations with their participation in community one of extraordinary faith, hope and deter- fice, but his involvement with the community safety events. mination in the face of bitter disappointment and commitment to the people of Seguin Angela Fox, publisher of the Clackamas Re- over denial of their well-earned rights to full aided to his election. His re-election was with- view and Oregon City News, who works to citizenship. It is a story of inspiration, leader- out opposition, serving as mayor until 1996. provide the community with in-depth reporting ship and a refusal to accept ‘‘no’’ for an an- During his time in office, Mayor Gotthardt con- on public safety issues, using the media to swer. Ultimately, it is a story of their victory tributed to the city by ensuring that the educate and inform the public. over legal segregation and discrimination. Sebastopol State Historical Park in Seguin Olga Gerberg, a volunteer from Sandy who Their story speaks of their long struggle for was renovated and dedicated much of his has coordinated bike helmet fitting and child equality and willingness, in each instance, to work for those who served their country in the safety seat inspection workshops for the local forsake violence in their struggle for justice. military. He worked on the Veterans Memorial community and regularly reaches out to her Black Americans have fought for their coun- try going back to the Revolutionary War when at the Guadalupe County Courthouse exten- neighbors to share safety information about 5,000 Black men risked their lives in the cause sively. The late Mayor Gotthardt was recog- available resources and services. Tom Hogan, the volunteer coordinator for of independence. Serving in the Continental nized for his tireless efforts to ensure the com- the Gladstone Emergency Management Sup- Army, mostly as infantry and artillerymen, they munity and people were provided the services port team who volunteers his time to improve fought in the first battles at Lexington and needed. emergency preparedness in the community, Concord, and crossed the Delaware with Along with his business career and terms as training other volunteers and working to bring George Washington. Overwhelmingly, they re- Mayor of Seguin, the late Gotthardt was a grant funding to the community. sisted the enticements of the British enemy, member of Seguin Masonic Lodge AF&AM Dale Kim, with the Clackamas County Juve- who offered promises of freedom if they would 109, Alzafar Shrine, Elks Lodge 1229, Order nile Department, who serves as the lead orga- join the Redcoats. Yet, after the victory, the of the Eastern Star Chapter 555, the Seguin nizer for the Sandy Youth Service Team and first of Black America’s military heroes were Chamber of Commerce, the Seguin Rotary whose work reaching out to at-risk youth and met, not with parades or accolades, but with Club and the Comal County Seniors Center. intervention and prevention services have whips and chains as they as they surrendered His leisure time was spent with the Seguin helped countless community youth. The their weapons for bondage on the plantation. Chamber of Commerce, senior center, and Milwaukie Public Safety Foundation, which African Americans also served in the War of 1812 when the Battalion of Free Men of Color with his family. has raised over $20,000 to start a K–9 pro- gram for the Milwaukie Police Department and helped to save New Orleans in a counter- Madam Speaker, I am honored to have had supports the department by conducting an an- attack against the British invaders. The nation this time to recognize the late Ed Gotthardt, nual Office of the Year function and a Parent reneged on the rhetoric of General and later former Mayor of Seguin, Texas on his con- Awareness Night. president Andrew Jackson who told the Black tributions to the community. I thank you for Jeff Oliver, with the Lake Oswego Police fighters, ‘‘You surprised my hopes. The nation this time. Department, who volunteers to assist at the will applaud your valor.’’

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.008 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E279 Fifty years later, in the Civil War, 200,000 ican, James Carello, on an occasion when he the ‘‘Queen of Tejano Music.’’ Selena was a Black men took up arms and manned military and his business have received a prestigious proud Mexican-American woman who was vessels, one out of ten of the entire Union honor: the International Circle of Excellence born and raised in Texas. Although she did army. Among the most famous was the 54th Award for 2009. not speak Spanish, most of her music was in Massachusetts Infantry Regiment, which The Circle of Excellence, which is awarded Spanish. She performed from the age of 8 gained its modern-day fame in ‘‘Glory,’’ a by the International dealer organization of until her death at the age of 23. In 1987 she movie depiction of their heroic attack in the Navistar, Inc., honors International truck deal- won Female Vocalist of the Year at the Tejano first wave of the assault on the beaches of erships that achieve the highest level of dealer Music Awards. Selena’s contributions to the Charleston. The regiment was wiped out. performance with respect to operating and fi- music industry are legendary and are com- Black soldiers not only had fought well, they nancial standards, market representation, and mendable. provided the margin for victory when finally most importantly, customer satisfaction. It is The Texas Talent Musicians Association called upon as reinforcements by President the highest honor a dealer principal can re- has hosted the Tejano Music Awards every Lincoln to bolster the devastated Union army. ceive from the company. year since 1980. This year the 30th annual But even following this victory in the Civil War, Mr. Carello’s business, Regional Inter- Tejano Music Awards will take place on July when they fought not just to preserve the national Corporation, is headquartered in Hen- 11th in San Antonio, Texas, proudly known as Union but to end slavery in the existing states, rietta, New York. Under his leadership, it has the ‘‘Tejano Music Capital of the World’’. the nation went back on its promises. While grown into one of the preeminent truck dealer- Madam Speaker, on behalf of the United Emancipation had ended the evil practice of ships in western New York, with 160 employ- States Congress, I am privileged to recognize legal slavery and allowed a short breathing ees and two secondary locations in Buffalo Tejano Music as truly an original American art space of freedom and political participation, and Geneva. Jim is a recognized leader in the form, Selena Quintanilla Perez as a legend of less than two decades later Black Americans industry, as Regional spent six years on the Tejano Music, and the Texas Talent Musi- were bound by the new set of legal shackles Rochester Top 100, a listing of privately- cian’s Association for their international pro- of Reconstruction and Jim Crow. owned companies recognized in the area. Regardless of these negative cir- motion of Tejano Music. With this most recent award, Regional Inter- f cumstances, Black troops broke the societal national has now received the Circle of Excel- constraints. One such group, the 369th Har- lence Award a total of seven times. TRIBUTE TO DEMERY ORMROD OF lem Hellfighters, was the first African American An International dealer since 1989, Jim is a ORANGE, CONNECTICUT Regiment during World War I. Faced with sur- member of International’s Dealer Development mounting discrimination and rabid racism in and Systems Advisory Board. Jim has the U.S., they were sent to fight with the HON. ROSA L. DeLAURO achieved this level of accomplishment and OF CONNECTICUT French troops against the Germans. Not only recognition through years of hard work and IN THE HOUSE OF REPRESENTATIVES did these Black troops serve the longest service to his industry and community. An avid stretch in battle without replacement, 191 sports fan, Jim can frequently be found cheer- Tuesday, March 2, 2010 days, they did not lose ground or men to ing for his favorite NASCAR driver or the Buf- Ms. DELAURO. Madam Speaker, I rise enemy capture. This all Black unit earned the falo Bills. He also has a keen interest in a va- today to congratulate Demery Ormrod of Or- Croix de Guerre, France’s highest military riety of other vehicles, including a 1934 Ford honor, yet upon returning to their homes in the ange, Connecticut, a young woman from my roadster, a customized motorcycle and two U.S., they were vilified and discriminated district who, by virtue of her strong commit- against as they had been before the war. show trucks called Mayhem and Bad Habit. ment to volunteer service, has been named a Again, during World War II, our Black sol- Both of his children, Jason and Gina, are now winner of a 2010 Prudential Spirit of Commu- diers proved their loyalty and commitment to active in running the business, becoming the nity Award. the United States. The Tuskegee Airmen, next generation of participants. Jim and his An eighth grader at Amity Middle School, America’s first Black military airmen, helped wife Lyn dote on their two grandchildren. Demery raised more than $20,000 to help pro- break through the constraints of a segregated Through his dedication, hard work and out- vide cleft palate and lip surgeries for 86 chil- military when, inspired by their bravery and standing customer service, he has built an dren through the charitable organization Smile achievements, President Truman promulgated economically vital business of which he can Train. She began these efforts while still in el- Executive Order Number 9981 in 1948. Many be justly proud. On behalf of the 111th United ementary school, making bookmarks, lollipops, of these Black veterans fueled the Civil Rights States Congress, I congratulate Mr. James cookies, and jewelry with her friends, which movement through their courage and strength Carello for his record of accomplishment. she then sold at her family’s restaurant. to change the status quo and fight for equality. f When news of Demery’s good works spread throughout the community, other schools got Black Veterans have time and time again THE TEJANO MUSIC INDUSTRY proven their loyalty and patriotism to a country involved, local businesses offered matching they were instrumental in building. They have funds, and strangers sent along checks, all to led the charge in breaking the shackles of HON. CIRO D. RODRIGUEZ help the cause. The playwright Henrik Ibsen slavery and discrimination. We must stand in OF TEXAS once said that ‘‘A community is like a ship— support of our brave men and women in the IN THE HOUSE OF REPRESENTATIVES Everyone ought to be prepared to take the Armed Forces as they return in increasing Tuesday, March 2, 2010 helm.’’ And that is exactly what Demery has numbers to find that their employment pros- Mr. RODRIGUEZ. Madam Speaker, I rise accomplished here. Because she was moved pects are limited. Others are suffering the det- today in recognition of 30 years of honors by to help children less fortunate than herself, rimental effect of multiple deployments and the Texas Talent Musician’s Association. This and because she took the extra step to get in- PTSD. San Antonio-based non-profit organization pro- volved on their behalf, Demery took the helm It is our duty as a nation to assist those who motes excellence in the Tejano Music Indus- of her community, and ignited the whole State have so valiantly fought for our freedoms by try. of Connecticut behind her efforts. providing the tools necessary for them to fairly Tejano music is known for its modern sound Demery is a perfect candidate for this Spirit compete in the job market whether it is psy- with influences from cumbia, rock and blues. of Community Award, and a great representa- chological counseling for trauma experienced This type of music originated along the Mex- tive for the importance of volunteers. Created while in combat or job training to bolster the ico-Texas border during the time of the Mexi- by Prudential Financial, in partnership with the unique skill sets they have acquired during can-American Revolution in the 1840s. Not National Association of Secondary School their time in the service. only is it a combination of different sounds, but Principals, in 1995, to reward youths who give f also a fusion of Mexican, Texan, and even their time and talents back to their community, HONORING JAMES CARELLO Eastern European cultures. Songs within this award has honored nearly 100,000 young Tejano music are known to be passed down volunteers at the local, state, and national lev- HON. ERIC J.J. MASSA from generation to generation, making sure els over the past 15 years. those epic stories about political leaders, his- I applaud Demery’s good works and OF NEW YORK tory, and current times are consistently being Prudential’s commitment to recognizing her IN THE HOUSE OF REPRESENTATIVES told through song. Tejano Music is truly an and other students like her. I congratulate her Tuesday, March 2, 2010 original American art form. on this award, and I very much hope she con- Mr. MASSA. Madam Speaker, I rise today It is impossible to talk about Tejano music tinues to give back to the community in the to congratulate and pay tribute to a fine Amer- without mentioning Selena Quintanilla Perez, years to come.

VerDate Nov 24 2008 05:22 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.010 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E280 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 PERSONAL EXPLANATION INTRODUCTION OF THE ‘‘ACTIVE rity. Each year the Alliance to Save Energy COMMUNITY TRANSPORTATION recognizes companies, learning institutions, ACT OF 2010’’ state offices, and government programs for HON. LOIS CAPPS their efforts to promote energy efficiency do- OF CALIFORNIA HON. EARL BLUMENAUER mestically and globally. My constituents at the Aquarium of the Pacific received the Super IN THE HOUSE OF REPRESENTATIVES OF OREGON IN THE HOUSE OF REPRESENTATIVES Nova Star Award on September 17, 2009, at Tuesday, March 2, 2010 the Alliance to Save Energy Gala in Wash- Tuesday, March 2, 2010 ington, DC. Mrs. CAPPS. Madam Speaker, I was not Mr. BLUMENAUER. Madam Speaker, today Madam Speaker, the Aquarium was chosen able to be present for the following rollcall I am proud to introduce the Active Community for this globally recognized award because it votes on February 25, 2010 and February 26, Transportation Act, legislation that will provide is the most energy efficient business in the 2010; and I would have voted as follows: Roll- concentrated, long term funding for commu- Nation with annual revenues under $50 mil- call No. 67, ‘‘no’’; rollcall No. 68, ‘‘yes’’; rollcall nities to implement active transportation sys- lion. The Aquarium became the first among No. 69, ‘‘yes’’; rollcall No. 70, ‘‘yes’’; rollcall tems. Communities across the country are re- museums, zoos, and other aquariums in this No. 71, ‘‘yes’’; rollcall No. 72, ‘‘no’’; rollcall No. alizing the importance of encouraging active country to certify its greenhouse gas emis- 73, ‘‘yes’’; rollcall No. 74, ‘‘yes.’’ lifestyles, for the health of their citizens, the sions with a third-party, the California Climate environment, and the economic strength of the Action Registry. This led to its being named as f community itself. As only 68 percent of Ameri- a Climate Action Leader with the Climate Ac- cans are licensed drivers, we should provide EXPRESSING THE SENSE OF THE tion Registry in 2007. The Aquarium of the Pa- transportation options for those who don’t HOUSE OF REPRESENTATIVES cific has used energy-efficient practices to have access to a car, generally the elderly ON RELIGIOUS MINORITIES IN maintain steady kilowatt-hour usage for the and the young. Since half of the trips taken in IRAQ past 8 years despite rising visitor numbers. the United States today are within a 20-minute It is no surprise to me that the Aquarium of bicycle ride, and a quarter of all trips are with- the Pacific received such a prestigious award SPEECH OF in a 20-minute walk, there are plenty of oppor- because it is a pioneer of marine education HON. SANDER M. LEVIN tunities to incorporate walking and biking into and energy efficiency in my district. In 2008, Americans’ daily lives. the Aquarium inaugurated a new environ- OF MICHIGAN Americans will walk and bike if these modes mental classroom that was recognized as IN THE HOUSE OF REPRESENTATIVES are made safe and convenient. However, our Long Beach’s first LEED-platinum certified nation has failed to invest adequately in pe- building. The classroom achieved LEED-plat- Tuesday, February 23, 2010 destrian and bicycle networks to make active inum certification because it uses solar power, transportation a viable choice for routine trav- Mr. LEVIN. Madam Speaker, I rise in sup- a green roof, a rainwater capture system, and el. Too often we take for granted the value of port of H. Res. 944, which recognizes the per- a highly efficient pool pump, among other en- being able to bike and walk to work. It is time secution and displacement of ethnic and reli- ergy and water efficiencies. The Aquarium is for the federal government to support infra- gious minorities in Iraq. This resolution calls committed to achieving LEED platinum or gold structure investments to make walking and on the Iraqi and United States governments to certification for all future projects and is setting biking safe and convenient for all Americans. better protect the rights of persons of all an excellent example for how other busi- Investing federal dollars to create walkable ethnicities and religions. nesses and institutions in my district can and bikeable communities is also a cost-effec- prioritize and achieve energy efficiency. This resolution comes as the Chaldean tive way to create jobs and transportation community mourns the two-year anniversary Madam Speaker, the Aquarium of the Pa- choices. In my hometown of Portland, Oregon, cific is a vital part of my constituents’ commu- of the murder of Archbishop Paulos Faraj our investment of $60 million created 274 Rahho. Archbishop Rahho dedicated his life to nity environmental conservation efforts. The miles of bike lanes, more than doubled the Aquarium’s Green Team task force organizes the Chaldean Church in Mosul and sought to amount of people who commute by bike and build interfaith relationships while advocating environmentally friendly activities such as an provided between 850 and 1,150 jobs. This is annual street cleanup day, an Earth Day fes- for the inclusion of Chaldeans and other vul- just one of many stories I have heard about nerable populations in the new Iraqi state. tival, a sustainable seafood initiative, and a the impact that active transportation infrastruc- watershed and ocean literacy program. As the These vulnerable populations include ture has on people’s health, their daily lives, Aquarium continues to grow, one of the under- Chaldeans, Assyrians, Turkmen, Sabean and their pocketbooks. lying objectives of the master plan is to in- Mandeans, Yazidis, and Syriacs. Their unique The Active Community Transportation Act crease attendance by expanding the facility’s languages and histories are among the oldest will help communities to implement com- capacity and conservation programs without of the Mesopotamian region. Together, they prehensive, strategic active transportation sys- increasing energy and potable water usage. represent the richly diverse heritage of Iraq. tems to make walking and bicycling safe, ac- Madam Speaker, I also want to commemo- cessible and convenient for Americans, there- Since 2003, however, members of their rate the Aquarium of the Pacific for its ongoing by increasing activity levels, lowering emis- communities have suffered marginalization, efforts to broaden the public’s understanding sions and creating healthier, more vibrant harassment, and violence. Many have been of the Pacific Ocean and its complex eco- communities. forced to seek safety away from their homes, system. The Aquarium’s mission is to instill a often outside the country’s borders. Ethno-reli- f sense of wonder, respect, and stewardship for gious minorities formerly comprised approxi- RECOGNIZING THE AQUARIUM OF the Pacific Ocean, its inhabitants, and eco- mately five percent of Iraq’s population; today, THE PACIFIC systems. It is the largest aquarium in Southern they comprise almost twenty percent of all California and the fifth largest in the nation. Iraqi refugees registered with the United Na- HON. LAURA RICHARDSON With 200,000 school children visiting annually, tions Refugee Agency. the Aquarium of the Pacific provides a fun and OF CALIFORNIA Minorities fear such rates of displacement educational experience for students of all ages IN THE HOUSE OF REPRESENTATIVES threaten the very future of their communities. and backgrounds through its interactive exhib- Continued sectarian violence prevents the free Tuesday, March 2, 2010 its and daily presentations. The Aquarium exercise of religion, cultural expression, and Ms. RICHARDSON. Madam Speaker, I rise hosts a variety of educational programs, cul- political participation that are fundamental to today to salute the Aquarium of the Pacific lo- tural festivals, classes and courses, offsite democracy. This resolution underscores the cated in my community of Long Beach, Cali- field trips, and renowned guest speakers to importance that Iraq’s upcoming elections be fornia, for receiving the prestigious Super connect Long Beach’s diverse community with free, fair, and safe, and that the rights of its Nova Star of Energy Efficiency from the Alli- the Pacific Ocean’s diverse ecosystem. minority populations be protected. ance to Save Energy, a coalition of prominent I applaud the Aquarium of the Pacific for its Madam Speaker, I urge my colleagues to business, government, environmental, and hard work and dedication both to educating join me in supporting H. Res. 944 and in urg- consumer leaders who promote the efficient the community of Long Beach about marine ing meaningful support for Iraq’s ethnic and and clean use of energy to benefit consumers, environments and to mitigating the effects of religious minorities. the environment, economy, and national secu- climate change. I ask my fellow colleagues to

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.014 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E281 join me in recognizing the Aquarium of the Pa- TRIBUTE TO DON THOMPSON Diego Ronald McDonald House Charities cific for having received the high honor of the board of directors. Super Nova Star of Energy Efficiency. HON. JAMES E. CLYBURN While reaching the upper echelons of Amer- OF SOUTH CAROLINA ican business, Don has remained a committed f IN THE HOUSE OF REPRESENTATIVES family man. He lives in the Chicago area with his wife Elizabeth and their two children. COMMEMORATING THE SUMGAIT Tuesday, March 2, 2010 POGROM Madam Speaker, I ask you and my col- Mr. CLYBURN. Madam Speaker, I rise leagues to join me in congratulating Don today to recognize an accomplished and tal- Thompson on his recent appointment and the HON. ADAM B. SCHIFF ented corporate leader who is an outstanding positive example he sets for all Americans. In OF CALIFORNIA role model as we celebrate Black History this month, when we recognize the contribu- IN THE HOUSE OF REPRESENTATIVES Month. Don Thompson is the recently ap- tions of African Americans in this country, it is Tuesday, March 2, 2010 pointed President and Chief Operating Officer fitting and proper that we include corporate for the McDonald’s Corporation in Oak Brook, leaders like Mr. Thompson, who have broken Mr. SCHIFF. Madam Speaker, this past Illinois. Mr. Thompson is in charge of global barriers and opened doors for future genera- Sunday marked the twenty-second anniver- strategy and operations for McDonald’s 32,000 tions to follow. I applaud his extraordinary ac- sary of the pogrom against Azerbaijanis of Ar- restaurants in 117 countries. He is tasked with complishments and the wonderful legacy he menian descent in the town of Sumgait, Azer- maximizing profits for the company’s many has built through hard work and perseverance. baijan. The 3-day massacre in the winter of shareholders across the globe. f 1988 resulted in the deaths of scores of Arme- Don was raised in Chicago and Indianapolis nians, many of whom were burnt to death by his grandmother. He credits his early suc- EXTEND TAX CREDIT FOR THE after being brutally beaten and tortured. Hun- cess to her unwavering commitment to his PRODUCTION OF STEEL INDUS- dreds of others were wounded. Women and education and wellbeing. Thanks to her deter- TRY FUEL girls were brutally raped. The carnage created mination and Don’s hard work, he graduated thousands of ethnic Armenian refugees, who from Purdue University with a degree in elec- HON. MICHAEL F. DOYLE had to leave everything behind to be looted or trical engineering and got a job at the Nor- OF PENNSYLVANIA destroyed, including their homes, cars and throp Corporation. He joined McDonald’s in IN THE HOUSE OF REPRESENTATIVES businesses. 1990 as a Restaurant Systems Engineer but Tuesday, March 2, 2010 These crimes, which were proceeded by a soon realized his interest lay in restaurant op- wave of anti-Armenian rallies throughout Azer- erations. Mr. DOYLE. Madam Speaker, I rise today to baijan, were never adequately prosecuted by In 1993, Don was named Director of Stra- lend my support to a provision in the Extend- Azerbaijan authorities. Many who organized or tegic Planning and Quality Management. ers Bill that is being debated in the Senate to participated in the bloodshed have gone on to Since then, he has risen quickly through extend and clarify a tax credit for the produc- serve in high positions on the Azeri govern- McDonald’s operational structure, performing tion of Steel Industry Fuel, SIF. Last Fall, my ment. For example, in the days leading up to beyond expectations in each position he has colleagues and I introduced a similar bill to ex- the massacre, a leader of the Communist been given. In 1998 he was named the San tend and clarify the SIF credit. SIF is used by Party of Azerbaijan, Hidayat Orujev, warned Diego Regional Manager, a position that put the domestic steel industry as a feedstock for Armenians in Sumgait: ‘‘If you do not stop him in charge of 300 area restaurants. Within the manufacture of coke, which is coal that campaigning for the unification of Nagorno a year, San Diego went from being McDon- has been carbonized and is used as a fuel in Karabakh with Armenia, if you don’t sober up, ald’s 39th most profitable market to its 2nd. steel making. 100,000 Azeris from neighboring districts will Five years later, Don was promoted to the In October, 2008, Congress enacted a new break into your houses, torch your apartments, position of Executive Vice President of Global refined coal tax credit under Section 45 of the rape your women, and kill your children.’’ Innovation where he helped expand and im- tax code for the production of steel industry Orujev is currently the State Advisor for Ethnic prove McDonald’s global operations. Under his fuel, which is made from coal waste sludge Policy to Azeri President Heidar Aliyev. guidance, foreign branches were retooled to and coal. The availability of the steel industry Despite efforts by the Government of Azer- satisfy local palates. McDonald’s international fuel tax credit provides a subsidy for projects baijan to cover up the events of February sales soon grew as a result and many observ- that may not otherwise be commercially viable 1988, survivors of the pogrom have come for- ers attributed this turnaround to Don’s ambi- on account of materials, process, technology ward with their stories. They told of enraged tious initiatives. and other transaction costs. As originally en- mobs, which threw furniture, refrigerators, tele- In 2006, Don became the President of acted, the SIF credit was available for only vision sets and beds from apartment balconies McDonald’s USA where he oversaw all of the one year. The placed-in-service period for the and set them afire. Armenians were dragged company’s 14,000 American locations. He credit expired as of December 31, 2009, so from their apartments. If they tried to run and helped steer the company to several years of new steel industry fuel projects cannot be escape, the mob attacked them with metal positive domestic growth. Last month Don was brought on line without an extension of the rods, knives and hatchets before the victims named to his current position as President and credit. were thrown into the fire. One witness said of Chief Operating Officer. He now plans McDon- The use of Steel Industry Fuel provides sig- a victim, ‘‘He was still moving, trying to escape ald’s global strategy and helps execute its im- nificant energy, environmental, and economic from fire, but five young men were pushing plementation. benefits, all of which argue for an extension of him hack into the fire with metal rods.’’ Others Don has been recognized for his out- the SIF credit. The primary benefit of manu- told of Interior Ministry troops, who stood by standing work at McDonald’s by a number of facturing SIF is that the production process re- doing nothing. media outlets and business associations. captures the BTU content of coal waste The Sumgait massacres led to wider repris- Black Enterprise named him Corporate Execu- sludge. The Environmental Protection Agency als against Azerbaijan’s ethnic minority, result- tive of the Year. In 2008 the Trumpet Founda- has approved the production of SIF as a ing in the virtual disappearance of Azerbaijan’s tion awarded Don the Corporate Executive method for disposing of coal waste sludge, 450,000-strong Armenian community, and cul- award. Last year, he received the Presidential and the production of SIF is the preferred minating in the war launched against the peo- Inspiration Award from Alpha Phi Alpha Frater- method of coal waste sludge disposal. In addi- ple of Nagorno Karabakh. That war resulted in nity Incorporated. tion, our domestic steel industry can become almost 30,000 dead on both sides and created Along with being a gifted businessman, Don more competitive by using SIF because it low- more than one million refugees in both Arme- is a committed member of his community and ers production and operation costs. nia and Azerbaijan. remains true to his humble beginnings. ‘‘Don’t From an energy resource and environmental This April will mark the 95th Anniversary of get into the pity party of what’s going to be standpoint, the production of SIF is the supe- the Armenian Genocide, a crime that Azer- done for you, because there are so many rior method of disposing of coal waste sludge, baijan’s ally and protector Tukey has devoted things you can do for yourself,’’ he has said. it would otherwise be treated as a hazardous enormous political resources to deny. Just as ‘‘Others will see what you do and will look to waste under applicable Federal environmental we cannot allow the first genocide of the support and help you.’’ He currently serves on rules. The alternative methods of disposal are Twentieth Century to fade into history, the the board of trustees for Purdue University incineration and land-filling, each of which re- memory of the victims of Sumgait must not be and is a member of the Executive Leadership quires the physical conveyance of a waste forgotten either. Council. He is a former member of the San product off-site. These disposal methods fail to

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.017 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E282 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 recapture the energy content of the coal waste loss’’ is caused by the terms of the lease, li- the little known role the first all black fighting sludge because the coal waste sludge, which cense, supply or sales contracts between the regiment had during WWI. has a high BTU content, is not used as a fuel. parties. To that end, the bill provides nec- The 15th New York Infantry, ‘‘The Harlem An extension of the Steel Industry Fuel tax essary flexibility for varying circumstances of Hellfighters,’’ later federally designated as the incentive is of critical importance in the current ownership interests and clarifies that the exist- 369th Regiment Army. They served valiantly, economic downturn, and its expiration has had ence of such arrangements will not prevent including 191 days without a replacement and a negative impact on our domestic steel indus- the equity owner of a facility from receiving tax never lost a prisoner or a foot of ground. He try. Steel companies and coke plant operators credits for its sales of SIF. This amendment said there had been no formal American rec- have suffered large losses as steel demand would provide greater tax certainty to potential ognition of the dedication and sacrifice of has declined significantly. These companies investors in SIF projects. these young men. The French did recognize have been forced to lay off thousands of work- SIF is typically produced at facilities that are them with the Croix de Guerre, their highest ers in my State of Pennsylvania, as well as in located on the premises of coke plants that military honor as well as a monument dedi- Illinois, Indiana, Michigan, Ohio, West Virginia, are owned by integrated steel companies that cated by a grateful French government. Kentucky, and elsewhere. Domestic steel are unrelated to the SIF producers. The SIF Michael knew all about the Harlem manufacturers have had to operate at low ca- production facility is situated on or near con- Hellfighters because his grandfather, MAJ pacity utilization rates and coke batteries have veyor belts that may be leased from the inte- Melville T. Miller, served more than 50 years been placed on ‘‘hot idle,’’ which is a holding grated steel company and production of SIF in the U.S. Army through two World Wars and pattern to prevent the coke battery bricks from may occur while coal—and coal blended with the Korean War. Major Miller began his serv- cooling and damaging the battery. The exten- petroleum coke—is transported on the con- ice as a member of the unit when he was just sion and clarification of the SIF credit will help veyor belts. SIF producers may purchase coal 16 years old. these manufacturers mitigate their losses as from the integrated steel producer, taking title the economy recovers. and having risk of loss while such coal is f The one-year credit period and short transported on the conveyor belt. placed-in-service deadline for SIF facilities The bill provides a safe harbor that estab- RECOGNIZING THE KIWANIS CLUB have had a negative impact on SIF producers’ lishes that the SIF producer shall be treated OF FINDLAY ON ITS NINETIETH ability to attract the outside investment needed as the producer and seller of SIF that it manu- ANNIVERSARY to finance SIF projects. This negative impact factures from coal to which it has taken title. has been compounded by the economic con- The bill further clarifies that the sale of SIF HON. JIM JORDAN ditions that have prevailed since the enact- shall not fail to qualify as a sale to an unre- OF OHIO ment of the credit. SIF projects typically in- lated party for purposes of the SIF credit sole- IN THE HOUSE OF REPRESENTATIVES volve lengthy negotiations to implement the ly because the sale is to a party that is also transaction structure necessary to claim the a ground lessor, supplier, and/or customer. Tuesday, March 2, 2010 SIF credit, address environmental consider- Our bill also establishes that SIF may also Mr. JORDAN of Ohio. Madam Speaker, I ations, and negotiate the relevant economic be made using coal or coal that is mixed with terms. This in turn effectively reduced the one- am honored to pay tribute to the Kiwanis Club some petroleum coke or other coke feedstock. of Findlay, Ohio, as it celebrates 90 years of year credit period to a lesser period for certain Such ‘‘pet coke’’ has traditionally been used projects. The short time period to place service to the greater Findlay area. by steel companies/coke operators in a blend Since 1915, Kiwanians have been dedicated projects in service—slightly over one year with coal as a feedstock for coke. Steel com- after the enactment of the credit—meant that to ‘‘changing the world one child and one panies also have explored and presently con- community at a time.’’ Chartered 90 years ago there was too little time to get projects up and template the use of other coke feedstocks to running. For these reasons, the intended sub- today, the Kiwanis Club of Findlay has an- manufacture SIF. The bill provides that the swered this call from the start, playing a vital sidy of the SIF credit did not operate as de- use of pet coke or other coke feedstocks in signed and the extension of the credit—from role in supporting youth programs throughout the production of SIF does not invalidate or Hancock County. one year to at least two years—and the exten- otherwise reduce the credit. Findlay’s Kiwanians proudly sponsor local sion of the placed-in-service deadline—from The steel industry is still prominent in my Key Clubs and K-Kids programs, support the December 31, 2009 to December 31, 2010— district in Pittsburgh and I’m hopeful that SIF University of Findlay’s Circle K Club, and in- are needed. projects will expand our domestic energy re- spire our country’s future leaders through the Included in the legislation I cosponsored is sources by using what would otherwise be a Hugh O’Brian Youth Leadership Program. For an important clarification on an issue that has hazardous waste of the coking process in a more than 70 years, they have sponsored Boy slowed negotiations with respect to SIF fuel product. The availability of the tax credit Scout Citizenship Day to help young people projects. I very much hope that the final ex- will attract outside investment to the steel and learn about the duties and responsibilities of tenders package will include this and other coke production industries and promote job their local government officials. clarifications. It is expected that, for the con- growth in the domestic steel production indus- venience of the parties and for environmental try and in related industries that service the The club is well known for its outstanding safety, facilities producing SIF will typically be steel and coke production industries. The ex- scholarship programs, which to date have located on land leased from a steel company tension of the SIF credit will spur the invest- seen in excess of $100,000 awarded to more or other owner of a coking operation. Such a ment of millions of dollars that will create hun- than one hundred students. It developed this lessor will not be treated as having an owner- dreds of new jobs—in construction and proc- program in recognition of its longtime sec- ship interest in the SIF facility under the clari- essing—and maintain other jobs in the domes- retary and treasurer, Fred Brucklacher, a life- fication because it leases land and related fa- tic steel industry, in Pittsburgh and around the long advocate of higher education. cilities, sells coal waste sludge or coal feed- country. I urge my colleagues to support this In 2007, in the aftermath of devastating stock, and/or buys SIF so long as such per- legislation and hope the Senate will extend flooding throughout the Findlay area, the Find- son’s entitlement to rent and/or other net pay- this credit and make these much needed tech- lay Kiwanis led efforts to raise more than ments is measured by a fixed dollar amount or nical corrections. $17,000 in cash and school supplies to donate a fixed dollar amount per ton, or otherwise not to students and families in need. f determined by reference to the profit or loss of Madam Speaker, the club will mark its anni- the facility. Similarly, a licensor of technology RECOGNIZING THE DIFFICULT versary with a dinner this evening, where will not be treated as having an ownership in- CHALLENGES AND HEROISM OF Kiwanis International Vice President Alan terest in the SIF facility because it is entitled BLACK VETERANS Penn and Ohio District Governor Donald to a royalty and/or other payment that is a Parker will lead the tributes to the club’s long fixed amount per ton or otherwise not deter- SPEECH OF history of service. Among the honorees will be mined by reference to the profit or loss of the HON. LARRY KISSELL Dwight Snyder, Jr., a former state chapter of- facility. Such arrangements may also cause OF NORTH CAROLINA ficeholder who has compiled a 40-year record of perfect attendance at local meetings. facilities that produce SIF to operate at a loss IN THE HOUSE OF REPRESENTATIVES before the credit is taken into account. How- I invite my colleagues to join me in saluting ever, it is intended that the occurrence of such Wednesday, February 24, 2010 the Kiwanis Club of Findlay on its ninetieth an- a ‘‘pre-tax loss’’ will not affect entitlement to Mr. KISSELL. Mr. Speaker, a constituent of niversary and wishing its members every suc- this credit, regardless of whether such ‘‘pre-tax mine, Michael Lawson, recently told me about cess in the future.

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.020 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E283 HONORING THE LIFE OF RONALD one can hear her emotional response to the ‘‘aye’’ on rollcall vote #61 (on motion to sus- CRABB situations of African Americans in the United pend the rules and agree to H. Res. 1074), States. ‘‘aye’’ on rollcall vote #62 (on motion to sus- HON. JOE COURTNEY By 1974, Ms. Simone was traveling the pend the rules and agree to H. Res. 944), OF CONNECTICUT world. Her music, both in French and English, ‘‘aye’’ on rollcall vote #63 (on motion to re- IN THE HOUSE OF REPRESENTATIVES has been an inspiration for artists around the commit H.R. 4626 with instructions), ‘‘aye’’ on world. The Eunice Waymon-Nina Simone rollcall vote #64 (on passage of H.R. 4626), Tuesday, March 2, 2010 Project honors the legacy of Nina Simone in ‘‘aye’’ on rollcall vote #65 (on motion to sus- Mr. COURTNEY. Madam Speaker, I rise Tryon, her hometown in Western North Caro- pend the rules and agree to H. Res. 1085). today with a heavy heart to mark the passing lina. The Project honors her remarkable life For Thursday, February 25, 2010, I ask that of my friend and constituent Ronald Crabb and musical contributions. The Project also the RECORD reflect that had I been present I who died tragically while working on the site of seeks to inspire and support talented youth to would have voted ‘‘no’’ on rollcall vote #66 (on the Kleen Energy Plant in Middletown on Feb- reach their full potential through a variety of agreeing to H. Res. 1105, which provides for ruary 7, 2010. Ron was a devoted father, hus- scholarship programs. On the 21st of February consideration of H.R. 2701), ‘‘aye’’ on rollcall band, and son, and his loss has been felt by they will be unveiling a life-size bronze statue vote #67 (on motion to concur in Senate countless individuals in his community and by of Ms. Simone. The Eunice Waymon-Nina amendments to H.R. 3961), ‘‘aye’’ on rollcall those who called him a friend. Simone Project keeps her legacy alive in vote #68 (on motion to suspend the rules and He was a skilled tradesman who exemplified Western North Carolina. agree to H. Con. Res. 227). hard work and citizenship by constantly giving Ms. Simone passed away on April 21, 2003 For Friday, February 26, 2010, I ask that the back to the people of Colchester. As a pipe- at the age of 70 in the French countryside. RECORD reflect that had I been present I fitter for the Connecticut Plumbers and Pipe- Her daughter, Lisa Celeste Stroud, is also an would have voted ‘‘no’’ on rollcall vote #69 (on fitters Local 777, he took on leadership roles actress and singer. Born in New York, Ms. agreeing to the Reyes (TX) amendment to to ensure the safety and improve the lives of Stroud spent much time traveling the world H.R. 2701), ‘‘aye’’ on rollcall vote #70 (on his fellow union members. Ron was also an with her mother before enlisting in the United agreeing to the Hastings (FL) amendment to active member of his community. He served States Air Force. Today, she is a successful H.R. 2701), ‘‘aye’’ on rollcall vote #71 (on on Colchester’s Democratic Town Committee singer with a resume that includes starring in agreeing to the Schauer amendment to H.R. and, until recently, was a member of the the Tim Rice Musical ‘‘Aida.’’ 2701), ‘‘aye’’ on rollcall vote #72 (on motion to Board of Finance for several years. Madam Speaker, I ask my colleagues to join recommit H.R. 2701 with instructions), ‘‘no’’ on It was Ron’s love for his wife, Jodi, and his me in celebrating Ms. Simone’s 77th birthday, rollcall vote #73 (on passage of H.R. 2701), two sons that made him so passionate and and celebrating her extraordinary accomplish- ‘‘aye’’ on rollcall vote #74 (on motion to sus- upbeat. Anyone fortunate enough to call him a ments as both an extraordinary jazz musician pend the rules and agree to H. Con. Res. friend would tell you that he kept their love and strong civil rights activist. 238). f with him no matter where he was or what he f was doing. He loved spending time with them HONORING EDWARD F. GORHAM and spoke fondly of them in their absence. PERSONAL EXPLANATION On the job and in life, Ron had a seemingly HON. MICHAEL H. MICHAUD endless desire and ability to help. He did this HON. J. GRESHAM BARRETT OF MAINE by putting his good values into practice and OF SOUTH CAROLINA IN THE HOUSE OF REPRESENTATIVES his town, friends, and family are better for it. IN THE HOUSE OF REPRESENTATIVES Tuesday, March 2, 2010 He left us too early and we will miss him dear- Tuesday, March 2, 2010 ly. I ask my colleagues to join me in mourning Mr. MICHAUD. Madam Speaker, I rise the loss of Ronald Crabb. Mr. BARRETT of South Carolina. Madam today to recognize the accomplishments of f Speaker, unfortunately, I missed the following Edward F. Gorham of Randolph, Maine on the recorded votes on the House floor the week of occasion of his recent retirement as president HONORING THE ACCOMPLISH- Monday, February 22, 2010–Friday, February of the Maine AFL–CIO. MENTS AND LIFE OF NINA 26, 2010. For over forty years, Eddie Gorham has SIMONE For Monday, February 22, 2010, I ask that been a voice for working men and women in the RECORD reflect that had I been present I Maine. He has been tireless in fighting to en- HON. HEATH SHULER would have voted ‘‘aye’’ on rollcall vote #49 sure that ordinary Mainers have a chance to OF NORTH CAROLINA (on motion to suspend the rules and agree to join the middle class, and he embodies the IN THE HOUSE OF REPRESENTATIVES H.R. 4425), ‘‘aye’’ on rollcall vote #50 (on mo- Maine values of fairness and equality. Born tion to suspend the rules and agree to H.R. March 8, 1944 to Joe and Betty Gorham, Tuesday, March 2, 2010 4238). strong union members with roots in Conne- Mr. SHULER. Madam Speaker, I rise today For Tuesday, February 23, 2010, I ask that mara, Ireland, Eddie grew up in the Munjoy to remember the life of legendary American the RECORD reflect that had I been present I Hill neighborhood of Portland. After graduating Jazz musician and civil rights activist Nina would have voted ‘‘no’’ on rollcall vote #51 (on from the University of Maine with a degree in Simone. A native of Tryon, North Carolina, agreeing to H. Res. 1083, which provides for history and government in 1966, Eddie heed- Nina Simone was born Eunice Kathleen consideration of H.R. 2314), ‘‘aye’’ on rollcall ed President John F. Kennedy’s call to service Waymon on February 21, 1933. In the United vote #52 (on motion to suspend the rules and and went to India as a volunteer with the States House of Representatives, it is an agree to H. Res. 1066), ‘‘aye’’ on rollcall vote Peace Corps. Back in Maine, Eddie joined honor to represent Ms. Simone’s birthplace #53 (on motion to suspend the rules and Local 29 of the International Brotherhood of and the town where she began her legacy of agree to H. Res. 1059), ‘‘aye’’ on rollcall vote Boilermakers, Iron Shipbuilders, Blacksmiths, musical innovation and civil rights activism. #54 (on motion to suspend the rules and Forgers and Helpers and became a journey- Ms. Simone began playing the piano at age agree to H. Res. 1039), ‘‘aye’’ on rollcall vote man boilermaker. three and made her first classical piano debut #55 (on motion to suspend the rules and In 1976, Eddie began his nearly thirty-five at the age twelve. During this first recital she agree to H. Res. 1046), ‘‘aye’’ on rollcall vote years of dedicated service to Maine workers at witnessed her parents being escorted from the #56 (on agreeing to the Hastings (WA) the Maine AFL-CIO. During his tenure there, front row to make room for a Caucasian fam- amendment to H.R. 2314), ‘‘aye’’ on rollcall he never stopped advocating for the Maine ily. Ms. Simone refused to play until her par- vote #57 (on agreeing to the Flake amend- men and women who build our ships, make ents were seated in the front row. This event ment to H.R. 2314), ‘‘no’’ on rollcall vote #58 our paper and keep our state running. Eddie marked the beginning of a lifetime of civil (on agreeing to the Abercrombie amendment started out as a legislative liaison. He quickly rights activism. to H.R. 2314), ‘‘no’’ on rollcall vote #59 (on and deftly learned the political and legislative As the sixth of seven children in a poor fam- passage of H.R. 2314). process in Augusta, participating in labor com- ily, Ms Simone began her musical career sing- For Wednesday, February 24, 2010, I ask mittee sessions, researching and revising ing as an accompanist to earn extra income that the RECORD reflect that had I been labor bills and lobbying for their passage. In for her family. As the civil rights struggle de- present I would have voted ‘‘no’’ on rollcall 1977, he was elected Secretary-Treasurer, a veloped in the United States, so did her vote #60 (on agreeing to H. Res. 1098, which position he held for twenty-two years until be- music. In any number of her protest songs, provides for consideration of H.R. 4626), coming president in 1999. During these years,

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.024 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E284 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 Eddie’s prowess in the halls of the State OUR UNCONSCIONABLE NATIONAL TRIBUTE TO REVEREND JAMES House in Augusta became legendary. He has DEBT GLOVER, JR. forged coalitions, organized participation in hearings and provided key facts to legislators HON. MIKE COFFMAN HON. JAMES E. CLYBURN on labor issues. There is no doubt that Eddie’s OF SOUTH CAROLINA OF COLORADO legislative skills have been a driving force be- IN THE HOUSE OF REPRESENTATIVES hind the passage of major legislation bene- IN THE HOUSE OF REPRESENTATIVES Tuesday, March 2, 2010 fiting Maine’s working families, including the Tuesday, March 2, 2010 first in the country Chemical ID Law, Commu- Mr. CLYBURN. Madam Speaker, I rise nity Right To Know, minimum wage, sever- Mr. COFFMAN of Colorado. Madam Speak- today to pay tribute to a true military hero, a ance pay, sexual harassment, toxic use reduc- er, today our national debt is constituent and a valued friend Reverend tion, VDT standards, workers’ compensation $12,507,536,462,861.04. James Glover, Jr. passed away on February and unemployment and training benefits. On January 6, 2009, the start of the 111th 6, 2010, and we all owe him a debt of grati- In addition to his professional contributions, Congress, the national debt was tude his service to our nation and his commit- Eddie is a leader in his community. He cur- $10,638,425,746,293.80. ment to his community. Mr. Glover was a rently serves as selectman in his hometown of This means the national debt has increased member of the Montford Point Marines, Afri- Randolph, where he lives with his wife Diana by $1,869,110,716,567.24 so far this Con- can Americans members of the United States and his three children, Matthew, Delia and gress. Marine Corp, who served in World War II. James. This debt and its interest payments we are James Glover, Jr. was born August 16, Madam Speaker, please join me in honoring passing to our children and all future Ameri- 1916, in Eutawville, South Carolina, the son of Edward F. Gorham for his life-long dedication cans. a prominent Baptist minister. Although he felt and service to the working people of Maine. a strong pull to follow his father’s footsteps, f the call to serve his country during World War II changed his course as a young man. f REVEREND DR. MAJOR A. He entered the military February 28, 1942, PERSONAL EXPLANATION STEWART as one of the first African Americans to be permitted in the Marine Corp and his unit be- HON. DALE E. KILDEE came known as the legendary Montford Point HON. LYNN A. WESTMORELAND Marines. As a marine, Lance Corporal Glover OF MICHIGAN OF GEORGIA endured great hardships to begin a legacy that IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES has brought honor to the United States Marine Corps and all those who have served our na- Tuesday, March 2, 2010 Tuesday, March 2, 2010 tion. Mr. KILDEE. Madam Speaker, I rise today Mr. WESTMORELAND. Madam Speaker, I Lance Corporal Glover and his fellow Black to pay tribute to Rev. Dr. Major A. Stewart as attended the grand opening events of the Kia Marines succeeded despite enduring seg- he is installed as pastor of Mt. Olive Mis- Motors manufacturing facility in West Point, regated training conditions at the Montford sionary Baptist Church on Sunday, March 7th Georgia. As a result, I missed a number of Point Camp, which is now part of Camp in my hometown of Flint, Michigan. votes. Had I been present, I would have voted LeJeune, North Carolina. They were subjected the following: ‘‘Nay’’ on Agreeing to the Reso- Pastor Stewart was raised in the Muskegon, to racial abuse and discrimination, yet per- lution providing for consideration of the bill Michigan, area. He confessed his call to severed and earned the respect of the other (H.R. 2701) to authorize appropriations for FY preach the gospel in 1986, and was licensed Marines. 2010 for intelligence and intelligence-related to preach in 1992. He was ordained in De- Lance Corporal Glover served honorably in activities of the U.S. Government, the Commu- cember 1995. His ministry has included work the Pacific theatre in the 51st Defense Bat- nity Management Account, and the CIA Retire- as a youth pastor, associate minister, singles talion authorized in 1942. As a member of the ment and Disability System, waiving a require- coordinator and assistant pastor, working in 27th Marine Depot Company, a combat sup- ment of clause 6(a) of rule XIII. (rollcall No. Michigan, California, Florida and Pennsyl- port unit, he helped supply the front lines with 66); vania. His missionary work has taken him to food and ammunition. Under sometimes heavy Turkey, West Africa, and Liberia. He has also ‘‘aye’’ on Motion to Concur in Senate enemy fire, he loaded and unloaded supplies, participated in a trip to Israel with the United Amendments to Medicare Physician Payment resupplied frontline units, and evacuated the Theological Seminary Pilgrimage Team. Reform Act. (rollcall No. 67); and dead and wounded. In addition to his duties as senior pastor of ‘‘aye’’ on Motion to Suspend the Rules and He was honorably discharged from the Ma- Mt. Olive Missionary Baptist Church, Reverend Agree, as Amended, Supporting the goals and rines on December 1, 1945 and returned to Stewart also works at GM Parts World Head- ideals of National Urban Crimes Awareness his beloved home in South Carolina where he quarters and is an adjunct part-time instructor Week (rollcall No. 68). pursued his calling in the ministry. Reverend at Concordia University teaching accounting, Glover was called to pastor Mount Calvary business policy and marketing management. f Baptist Church in Orangeburg, SC in 1971. Pastor Stewart holds a bachelor of business While ministering to his flock at Mount Cal- PERSONAL EXPLANATION administration degree from Eastern Michigan vary, Reverend Glover led the efforts to build University; a master of business administration a new church sanctuary. In addition, the degree from California Lutheran University; a church experienced tremendous growth under HON. SUE WILKINS MYRICK master of arts in Christian education from his leadership including: organizing numerous OF NORTH CAROLINA Michigan Theological Seminary; and a doctor auxiliaries, clubs, and choirs. The church’s IN THE HOUSE OF REPRESENTATIVES of ministry degree from United Theological educational center and children’s choir have Seminary. Tuesday, March 2, 2010 been named in his honor. Reverend Stewart and his wife, Carla Reverend Glover resigned as pastor of Mrs. MYRICK. Madam Speaker, I was un- Brooks Stewart, are the parents of Alexandria Mount Calvary after 26 years of service in able to participate in the following votes. If I Janine, Mikaela Ann and Karissa Danielle 1997, to devote all of his time to his home had been present, I would have voted as fol- Stewart. church, Spring Hill Baptist Church in lows: Madam Speaker, I ask the House of Rep- Eutawville, South Carolina. He was appointed Rollcall vote No. 67, on motion to concur in resentatives to join me in congratulating Rev. pastor of Spring Hill Baptist Church in 1973 Senate amendments—H. R. 3961, Medicare Dr. Major A. Stewart as he is installed as the following the rich legacy of his father, Rev- Physician Payment Reform Act—I would have new pastor of the historic Mt. Olive Missionary erend James S. Glover, Sr., and grandfather, voted ‘‘aye.’’ Baptist Church. Mt. Olive has been a rock of Reverend John Glover. Because of the growth Rollcall vote No. 68, on motion to suspend hope and guidance for 102 years and I pray of the congregation while serving as the the rules and agree, as amended—H. Con. that under Pastor Stewart’s leadership it will under-shepherd of Spring Hill Baptist Church, Res. 227, Supporting the goals and ideals of continue to spread the good news of Our Sav- Reverend Glover also lead the efforts to build National Urban Crimes Awareness Week—I ior, Jesus Christ, throughout the Flint area for a new church sanctuary and educational build- would have voted ‘‘aye.’’ many, many years to come. ing in 1990. He retired as pastor of Spring Hill

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.027 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E285 Baptist in January 2002, after 29 years of the German Village Society and all of its dedi- honor, Port Arthur can continue to work on dedicated service, and presently serves as cated volunteers for five decades of meaning- overflow while also receiving shipments di- pastor emeritus. In March 2002, Reverend ful work to strengthen and preserve the thriv- rectly. Glover received the ‘‘Living Legends Award’’ ing historical neighborhood of German Village. The convenient connection between these from the Orangeburg Ministers’ Fellowship f two ports allow for the ability to quickly and ef- Conference. ficiently mobilize and deploy military forces as Reverend Glover was married to his be- HONORING DR. FRANKLIN ODO well as equipment and supplies. The Sabine- loved wife, Lillian, for 45 years. The couple Neches Ship Channel is the only one in the had five (5) children, fourteen (14) grand- HON. MICHAEL M. HONDA Nation with two Strategic Ports, making it the children, and twenty-five (25) great-grand- OF CALIFORNIA most vital military shipping portal in the U.S. children. IN THE HOUSE OF REPRESENTATIVES This designation for the Port of Port Arthur Madam Speaker, I ask you and my col- is shared with only a small percentage of U.S. Tuesday, March 2, 2010 leagues to join me congratulating and ex- seaports. Port Arthur beat out 11 other Gulf pressing our deep and abiding gratitude and Mr. HONDA. Madam Speaker, I rise today Coast ports, including ones in Houston and appreciation to Rev. James Glover, Jr., post- to honor Dr. Franklin Odo for his 12 years of New Orleans, for the decoration. The Port of humously, for his leadership, valor, and endur- service as Director of the Smithsonian Asian Port Arthur hopes to add jobs for those asso- ing service to his country. He was a tremen- Pacific American Program. The Asian Pacific ciated with the shipping industry, which would dous role model and has left a legacy of serv- American Program assists the Smithsonian’s be an outstanding benefit for all of Southeast ice and sacrifice that will live on as part of our 19 museums and research centers with the Texas. nation’s rich history. collection of Asian Pacific Americans’ artifacts, The Port of Port Arthur has worked since f programs, research, and outreach. The pro- 2000 to upgrade their facilities to meet the gram gives Asian Pacific American commu- military’s qualifications. They have worked RECOGNITION OF THE GERMAN nities across the Nation access to the Smith- hard to strengthen the port’s ability to serve VILLAGE SOCIETY ON ITS 50TH sonian. more customers and there’s no more impor- ANNIVERSARY In addition to being the founding director of tant customer than our nation’s military. the Asian Pacific American Program at the The Second Congressional District of Texas HON. MARY JO KILROY Smithsonian Institution, Dr. Odo was the first commends the Port of Port Arthur and their OF OHIO and only Asian Pacific American curator at the employees for their hard work and dedication IN THE HOUSE OF REPRESENTATIVES National Museum of American History. Dr. to make this designation possible. Port Arthur Odo has dedicated his life to documenting, can now stand shoulder to shoulder with the Tuesday, March 2, 2010 preserving, and presenting the histories of finest ports in the world. Ms. KILROY. Madam Speaker, I rise today Asian Americans and Pacific Islanders. He f to honor the German Village Society for fifty has written numerous critically acclaimed years of dedication to preserving the unique, NATIONAL EATING DISORDERS books on the Asian American experience, AWARENESS WEEK historical charm of the German Village com- taught at prestigious universities across the munity. German Village is one of the pre- Nation, and brought to the Smithsonian cutting eminent historic districts in the United States edge exhibits on Chinese Americans, Native HON. DEBBIE WASSERMAN SCHULTZ and is the first neighborhood in Ohio recog- Hawaiians, Korean Americans, Filipino Ameri- OF FLORIDA nized by the White House as a ‘‘Preserve cans, and Japanese Americans. IN THE HOUSE OF REPRESENTATIVES America Community.’’ As an educator myself, I understand and re- Tuesday, March 2, 2010 Fifty years ago, community organizer Frank spect Dr. Odo’s work. Whether as a professor Ms. WASSERMAN SCHULTZ. Madam Fetch worried that the historical neighborhood or a curator, Dr. Odo has made teaching his Speaker, this week we observe National Eat- south of downtown Columbus was deterio- priority. Through his work and vision, Dr. Odo ing Disorders Awareness Week; an oppor- rating rapidly. He held a meeting to discuss has managed to engage thousands of people tunity for all Americans to educate themselves ways to revive the neighborhood. This initial in the history, culture, and important contribu- about unhealthy eating habits and arm them- meeting led to the formation of the German tions of Asian Pacific Americans. He is able to selves with the tools they need to stay Village Society, a group of devoted, preserva- translate scholarly work into publicly acces- healthy. tion-minded residents intent on saving and re- sible formats. Dr. Odo has helped many of us Unfortunately, in today’s society, girls are storing their neighborhood’s historic charm. tell our story and ensure that these important especially prone to eating disorders. One or- Under the guidance of its charter members lessons continue to pass on from generation ganization in particular that has done a great and with the dedication of local volunteers, to generation. deal of research on eating habits and how German Village’s historical preservation con- Franklin Odo has been an activist and aca- they relate to girls’ body image and self es- tinues to this day. Residents donate more than demic, and will continue to be a leader in our teem is the Girl Scouts of the USA, through 10,000 hours of their time annually to the community. We hold a debt of gratitude to Dr. their Research Institute. community. Due to their passion and dedica- Odo for his incredible contributions. For the past decade, the Girl Scouts Re- tion to German Village, the entire 233-acre f search Institute has been a crucial center for neighborhood is now on the U.S. Department research and public policy information on the of the Interior’s Nation Register of Historic STRATEGIC DESIGNATION OF THE healthy development of girls. Their most re- Places. PORT OF PORT ARTHUR cent survey, Girls and Body Image, indicates The German Village Society continues to that now, more than ever, young girls struggle enhance its reputation as one of central Ohio’s HON. TED POE with their body image and have unrealistic best communities in which to live and work. OF TEXAS standards of beauty. The Haus Und Garten Tour event is recog- IN THE HOUSE OF REPRESENTATIVES Specifically, the survey found that body dis- nized on the American Bus Association’s ‘‘100 satisfaction leads to unhealthy eating and diet- Tuesday, March 2, 2010 Best Events’’ list. The Society also hosts many ing habits. More than half of girls (55 percent) free programs including Shakespeare in the Mr. POE of Texas. Madam Speaker, today admit they diet to lose weight, 42 percent of Park, a summer series of Shakespeare’s plays the Second District of Texas is proud to honor girls know someone their age who forced performed outdoors, and a weekly farmer’s the Port of Port Arthur for their designation as themselves to throw up after eating, 37 per- market. German Village is also home to the a Strategic Seaport by the Department of the cent know someone who has been diagnosed 23-acre Schiller Park, an anchor to the neigh- Army’s Military Surface and Distribution Com- with an eating disorder, and 31 percent admit borhood for over 140 years, and numerous mand. They join the nearby Port of Beaumont to starving themselves or refusing to eat as a independent restaurants and businesses. and the Port of Corpus Christi as the only strategy to lose weight. Findings from the sur- With the continued support of local resi- Strategic Seaports on the Gulf Coast. vey show girls feel pressure from mainstream dents, the German Village Society continues The Port of Beaumont is U.S.’s busiest ship- media to have an ideal body type. to enrich their neighborhood and promote ‘‘liv- per of military cargo, being home of the 842nd I am committed to working with Girl Scouts ing’’ history. On January 10, 2010, the Ger- Transportation Battalion. The Port of Port Ar- to advocate for media messaging to be more man Village Society celebrated its 50th anni- thur has handled their overflow since Novem- ‘‘girl-positive.’’ This will lead to the healthy de- versary. I am proud to recognize and honor ber 2007, totaling 9 ships. Now after this velopment of girls in terms of self-esteem and

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.032 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E286 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 body image, respectful relationships, and lead- time and again with the Soviet Union. And Brown. ‘‘Coach’’ retired from Hillsborough’s ership skills. As our nation reflects this week when the Wall had crumbled, and the dust school system on January 29, 1988 as Dean on the importance of healthy eating habits and had settled, stories emerged of dissidents who of Boys at Chamberlain High School. the destructive effects of eating disorders, we found the hope to carry on when word In 1976 a former player of Rev. Brown was are presented with a unique opportunity to reached their cells of this American president charged with murder and Brown realized that empower girls to lead healthier lives. We rec- who had raised, by name, their individual he had taught young men how to play football ognize that the self-esteem issues in young plight. but had not taught them how to live productive women are getting worse and the time to take Let us speak out for heroes like Mr. Tamayo lives. In response to this he founded Prison action is now. who cannot speak for themselves. Crusade Ministries, Inc. (now Abe Brown Min- It is in this spirit that I encourage all of my f istries, Inc.) a non-profit organization that en- colleagues to partner with the Girl Scouts in ables offenders, ex-offenders, their families, their efforts to promote media messages that ROSEHAVEN MANOR and others at risk, to achieve productive and feature girls and women who have diverse spiritually fulfilling lives. body images and act as positive role models. HON. DALE E. KILDEE Rev. Brown continued his social outreach As co-chair of Troop Capitol Hill, the Hon- OF MICHIGAN and in 1991, he received nationwide coverage orary Congressional Girl Scout Troop for all and honor through an article in the Readers IN THE HOUSE OF REPRESENTATIVES women Members of Congress, it is an honor Digest regarding his active establishment and to partner with the Girl Scouts to promote pol- Tuesday, March 2, 2010 implementation of an effort to stop street drug icy solutions that improve girls’ lives. Mr. KILDEE. Madam Speaker, I rise today sales in Tampa’s College Hill community. f to congratulate Rosehaven Manor on their In 1993, he was awarded the America’s 20th Anniversary as a retirement community in Award (‘‘The Nobel Peace Prize for Good- ORLANDO ZAPATA TAMAYO: A my hometown of Flint, Michigan. A celebration ness’’) for dedication through the Norman Vin- CUBAN HERO is planned for Thursday, March 4th to honor cent Peale Foundation. Rev. Brown was this milestone. named Father of the Year in 2007 by the 100 HON. FRANK R. WOLF Associated Management recognized the Black Men of Tampa Bay and was also hon- ored by the Tampa Chapter of the NFL and OF VIRGINIA need for senior housing in the Flint area and Hall of Fame with the J. Rex Farrior Award. In IN THE HOUSE OF REPRESENTATIVES broke ground at the building site on December 20, 1988. The work was completed on the 123 2008, Tampa’s new Middleton High School Tuesday, March 2, 2010 units in February 1990 and the grand opening stadium was named ‘‘Abe Brown Stadium’’ in Mr. WOLF. Madam Speaker, Friday’s Wash- was held in March of that year. All the units his honor. ington Post featured an editorial which posed were rented and at that time there was a wait- Rev. Brown is a tremendous role model for the following question: ‘‘Since the critique of ing list. Today there are three original resi- our youth and an inspiration to our community. the old Cuba policy was grounded in its sup- dents still living at Rosehaven Manor; my sis- He selflessly devoted his life to others and in- posed ineffectiveness, it seems fair to ask: Is ter, June Crockett, Kathleen Shepard and stead of abandoning those who had lost their the new, Castro-friendly approach working?’’ Clarence Henderson. way he worked tirelessly to help them get The Post continued, ‘‘A good answer to that Madam Speaker, I ask the House of Rep- back on track. He not only helped numerous question came Tuesday, when Orlando Za- resentatives to join me in congratulating the individuals, he helped an entire community. pata Tamayo, a 42-year old Afro-Cuban polit- staff and Associated Management for pro- That is why I rise today to honor the life of ical prisoner, died after an 83-day hunger viding senior housing to the Flint community. Reverend Abraham Brown. strike.’’ I commend them for their service to the resi- f dents of Rosehaven Manor for the past 20 Last week, just 90 miles off our shores, Mr. PERSONAL EXPLANATION Tamayo’s heroic protest against his treatment years. by the Cuban regime tragically ended. f Mr. Tamayo had been active in several dis- HON. LYNN A. WESTMORELAND TRIBUTE TO REVEREND ABRAHAM sident organizations and was arrested in 2003 OF GEORGIA BROWN during a government crackdown and sen- IN THE HOUSE OF REPRESENTATIVES tenced to a lengthy prison term. Forced to en- Tuesday, March 2, 2010 dure what he described as repeated beatings HON. KATHY CASTOR among other abuses, he stopped eating solid OF FLORIDA Mr. WESTMORELAND. Madam Speaker, I attended the grand opening events of the Kia foods on December 3. At the time of his death IN THE HOUSE OF REPRESENTATIVES he was he was facing a total of 36 years in Motors manufacturing facility in West Point, prison for a variety of baseless charges, Tuesday, March 2, 2010 Georgia. As a result, I missed a number of among them ‘‘disobedience.’’ Ms. CASTOR of Florida. Madam Speaker, I votes. Had I been present, I would have voted He was not alone in his repression. The rise today to honor the life and accomplish- the following: U.S. State Department’s annual human rights ments of Reverend Abraham Brown—and to Nay on Reyes of Texas Amendment, as report outlines in grim detail the reality of life acknowledge his contributions to education, Modified on Agreeing to the Amendment to in a country where the government continues social progress, and to the community of H.R. 2701 (rollcall No. 69) to deny its citizens the most basic human Tampa Bay. Aye on Hastings of Florida Amendment, on rights. The 2009 report indicated that at year’s Rev. Brown was born in downtown Tampa, Agreeing to the Amendment to H.R. 2701 (roll- end there were ‘‘at least 205 political prisoners the youngest of 3 children. He graduated from call No. 70) and detainees. As many as 5,000 citizens Tampa’s Middleton Senior High School in Aye on Schauer of Michigan Amendment, served sentences for ‘dangerousness,’ without 1946 and continued his education as an All on Agreeing to the Amendment to H.R. 2701 being charged with a specific crime,’’ accord- Conference Student Athlete at Florida Agri- (rollcall No. 71) ing to the report. culture and Mechanical University (FAMU). He Aye on Motion to Recommit with Instruc- I’d be curious to know how many of those graduated in 1950 and ultimately earned a tions, the Intelligence Authorization Act for Fis- political prisoners or their families have been Master’s Degree in Administration and Super- cal Year 2010 (rollcall No. 72) visited by any of the international delegations, vision. Nay on Passage, the Intelligence Authoriza- including U.S. congressional delegations, that Rev. Brown returned to Tampa and went to tion Act for Fiscal Year 2010 (rollcall No. 73) frequent Havana. work for the students in the public Aye on Motion to Suspend the Rules and I have long held the belief—in Democrat Hillsborough County Schools for thirty-eight Agree to Recognizing the difficult challenges and Republican administrations alike—that years as a Teacher, Coach and Administrator. Black veterans faced when returning home America is most true to its defining principles His coaching promoted sixteen athletes to pro- after serving in the Armed Forces, their heroic when in the face of tyranny, fear and oppres- fessional football. These professional players military sacrifices, and their patriotism in fight- sion, we boldly speak for those whose voices attribute their success to the firm foundation ing for equal rights and for the dignity of a have been silenced. Ronald Reagan did this and inspirational teachings of Coach Abe people and a Nation (rollcall No. 74)

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A02MR8.036 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS March 2, 2010 CONGRESSIONAL RECORD — Extensions of Remarks E287 HONORING WILSON COUNTY, tive Hawaiian Government Reorganization Act, zine listed McDonald’s 2 years in a row as the TEXAS which will formally extend the federal policy of no. 1 company for diversity. Other publications self-determination and self-governance to Na- that have lauded McDonald’s for its inclusive HON. HENRY CUELLAR tive Hawaiians. philosophy include Essence, Hispanic Busi- OF TEXAS I would like to acknowledge Speaker ness, Latina Style and Black Enterprise. IN THE HOUSE OF REPRESENTATIVES PELOSI, Majority Leader REID, and Chairman Patricia’s hard work has not gone unnoticed RAHALL for their leadership in bringing this in other quarters. In the course of her career Tuesday, March 2, 2010 milestone bill to the floor. I would also like to she has been the recipient of many accolades Mr. CUELLAR. Madam Speaker, I rise today thank my colleague Congressman AKAKA, the and tributes. She was awarded the National to honor Wilson County, Texas on its sesqui- author of this legislation, who worked so hard Restaurant Association’s Salute to Excellence centennial year. It was 150 years ago when for so many years to give Native Hawaiians and was inducted into their 2006 Hall of Dip- Wilson County was founded in south Texas by the opportunity for self governance. lomats. Working Mother magazine called Patri- an act of the state legislature. The area is rich Mr. Speaker, the Native Hawaiian Govern- cia one of the top 10 diversity champions in in culture and history and serves a great part ment Reorganization Act provides Native Ha- the country. McDonald’s presented her with to the state of Texas. waiians with an opportunity for self determina- the Eagle Award and named its annual award Before the founding of the county, the first tion and cultural preservation, while empow- for achievements in diversity the ‘‘Pat Harris Spanish explorers traveled through the area in ering them to be an equal partner with the Diversity Award.’’ the early eighteenth century and used the land state and federal government. They will finally Her ascent through the ranks of the McDon- mostly for ranching. Most notably, the birth- be on equal footing in federal policies toward ald’s Corporation is a testament to her profes- place of commercial ranching took place at American Indians, Alaska Natives, and Native sionalism and strong work ethic. Her extensive Rancho de las Cabras. This was a ranching Hawaiians. work in her community is a demonstration of outpost for Mission San Francisco de la I am pleased to champion H.R. 2314, which her imitable character and strong moral foun- Espada where the first ranches and cowboys provides the self governing opportunities that dation. She has said that ‘‘the best accom- settled near Floresville in Wilson County. By have been denied to this community for so plishment one can receive is to be asked to the 1800s, Anglo American, German and Pol- long. Native Hawaiians should have the same serve and give back to the community.’’ Her ish settlers began moving into the area. Soon opportunity for cultural preservation and self- unyielding commitment to this philosophy is after, the state Legislature founded Wilson determination as indigenous people on the evident in her numerous philanthropic pursuits. County on February 13, 1860. The county was mainland U.S. Just to be clear, this bill does Patricia is a founding member and former named after James Charles Wilson, who was not recognize a Native Hawaiian government chair of the Multicultural Foodservice and Hos- an early settler of Texas and a state legislator. upon passage, nor exempt a Native Hawaiian pitality Alliance and a founding member and Throughout the years, Wilson County has government from any provision of the U.S. past board member of the Women’s played a significant role in south Texas his- Constitution, Federal law, or taxation. Foodservice Forum. She is the chair of the tory. After the Civil War, Wilson County’s pop- Mr. Speaker, I support this bill because it NAACP ACT-SO Advisory Council and is the ulation underwent the greatest growth due to will finally extend the federal policy of recogni- board president of the Y-Me National Breast the completion of the San Antonio and Aran- tion to Native Hawaiians. This legislation is yet Cancer Organization. She is also a board sas Pass Railway, which reached Floresville in another example of how Congress is respond- member of DePaul University’s Business and 1886. By the early nineteenth century, farmers ing to calls for change in America. Ethics Committee, the International Franchise who were once known for cotton crops as the Mr. Speaker, I urge my colleagues to join Association’s Diversity Institute and co-chair of most important cash crop, then diversified into me in supporting H.R. 2314. the Rainbow/PUSH EXCEL board of directors. a wider range of peas, watermelons, and pea- f In 2009, Wiley published her book None of nuts. Today, some call Floresville the ‘‘Peanut Us Is as Good as All of Us, which documents Capital of Texas.’’ One of the county’s best TRIBUTE TO PATRICIA SOWELL her rise from humble beginnings as a farmer’s known natives is John Connally, who was HARRIS daughter to the top ranks of American busi- born in 1917 near Floresville. Later Connally ness. The book also details her corporate phi- served as governor and survived a shot during HON. JAMES E. CLYBURN losophy and the steps McDonald’s has taken President John F. Kennedy’s assassination in OF SOUTH CAROLINA under her leadership to improve workplace di- 1963. One hundred and fifty years has shaped IN THE HOUSE OF REPRESENTATIVES versity. the county and development of Texas through Tuesday, March 2, 2010 Patricia currently resides in Chicago and is its historical sites, involvement in diversified a proud mother and grandmother to her son farming, ranching, and even oil discovery. Mr. CLYBURN. Madam Speaker, I rise Dwayne and granddaughter Cydnii. Wilson County includes towns and cities today to pay tribute to an outstanding busi- Madam Speaker, I ask you and my col- such as Carpenter, Floresville, La Vernia, ness, civic and community leader who is a leagues to join me in congratulating Patricia Pandora, Poth, Saspamco, Stockdale, Suther- wonderful example of why we celebrate Black Sowell Harris on her impressive career at land Springs, Grass Pond Colony, Kicaster, History Month. Patricia Sowell Harris is the McDonald’s and her ongoing commitment to Doseido Colony, and Sandy Hills. It totals 809 global chief diversity officer for McDonald’s her community. I am proud to add my voice to square miles and has a population of more Corporation in Oak Brook, Illinois. Under her the chorus of individuals, media outlets and than 40,000. leadership, McDonald’s has become a global organizations that have praised Ms. Harris for From a legacy in ranching, to its honorable leader in workplace diversity. her many accomplishments. She serves as a natives and rich historical culture, Wilson I am proud to say that Patricia is a fellow tremendous example of why we celebrate the County celebrating its sesquicentennial year is South Carolinian and a good friend. She was contributions of African Americans during a milestone for the county and for Texas. I am born and raised in the small town of McBee. Black History Month, and I commend her for honored to have had this time to recognize One of 11 children, she earned her bachelor’s all that she has done and will continue to do Wilson County on its sesquicentennial year. I degree in public administration and personnel on behalf of people of color. thank you for this time, Madam Speaker. administration from Roosevelt University in f f Chicago. In 1976, she was hired by the McDonald’s Corporation to work in its legal PERSONAL EXPLANATION NATIVE HAWAIIAN GOVERNMENT department. Nine years later, she was named REORGANIZATION ACT OF 2009 the company’s affirmative action manager. HON. PETER T. KING Pamela was appointed assistant vice presi- OF NEW YORK SPEECH OF dent in 1997, and in 2001 she was appointed IN THE HOUSE OF REPRESENTATIVES to her current position as global chief diversity HON. LAURA RICHARDSON Tuesday, March 2, 2010 OF CALIFORNIA officer. IN THE HOUSE OF REPRESENTATIVES Charged with spearheading McDonald’s di- Mr. KING of New York. Madam Speaker, I versity initiatives, Ms. Harris responded with was not present for votes on Friday, February Tuesday, February 23, 2010 considerable resolve and her efforts have pro- 26, 2010. Had I been present, this is how I Ms. RICHARDSON. Mr. Speaker, as a duced astonishing successes. As a result, would have voted: On rollcall #69 I would member of the Native American Caucus, I rise McDonald’s is widely recognized as a diverse have voted ‘‘no.’’ On rollcall #70 I would have today in strong support of H.R. 2314, the Na- and welcoming place to work. Fortune maga- voted ‘‘yes.’’ On rollcall #71 I would have

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A02MR8.041 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS E288 CONGRESSIONAL RECORD — Extensions of Remarks March 2, 2010 voted ‘‘yes.’’ On rollcall #72 I would have school, and undergraduate students to help Again, I would like to congratulate my friend, voted ‘‘yes.’’ On rollcall #73 I would have encourage and develop the research work- Mr. Sid Pruitt and his wife, Kathy, on his in- voted ‘‘no.’’ On rollcall #74 I would have voted force of tomorrow. duction into the Beach Deejay Hall of Fame ‘‘yes.’’ While UTMB’s research program is impres- and thank him for upholding and preserving f sive, many Texans primarily think of UTMB as the traditions that are so dear to the people of a leading provider of quality health care. This eastern North Carolina. CONGRATULATIONS TO UNIVER- is because UTMB offers services ranging from SITY OF TEXAS MEDICAL primary to specialized diagnostic care. Particu- f BRANCH AT GALVESTON FOR larly impressive is UTMB’s pioneering tele- PERSONAL EXPLANATION BEING ASKED TO JOIN THE medicine programs. TEXAS MEDICAL CENTER In conclusion, Madam Speaker, I congratu- late the University of Texas Medical Branch at HON. BART STUPAK HON. RON PAUL Galveston for being asked to join the Univer- OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES OF TEXAS sity of Texas Medical Center. I also extend my IN THE HOUSE OF REPRESENTATIVES gratitude, on behalf of all the people of my dis- Tuesday, March 2, 2010 trict, for all that the people of UTMB are doing Tuesday, March 2, 2010 in both the field of medical research and in de- Mr. STUPAK. Madam Speaker, on Thurs- Mr. PAUL. Madam Speaker, I am pleased to livering quality health care to the people of day, February 25 and Friday, February 26, congratulate the University of Texas Medical Texas. 2010, I was absent for eight votes for medical reasons. I rise today to state how I would Branch at Galveston (UTMB) for being ap- f proved for full membership in the Texas Med- have voted had I been able to vote. ical Center, the world’s largest medical com- SID PRUITT—2010 INDUCTEE FOR House rollcall vote 67, I would have voted plex. Texas Medical Center President and THE BEACH DEEJAY HALL OF ‘‘no.’’ CEO Richard E. Wainerdi said of the decision FAME House rollcall vote 68, I would have voted to include UTMB in the Texas Medical Center, ‘‘yes.’’ ‘‘We are proud to have The University of HON. WALTER B. JONES House rollcall vote 69, I would have voted Texas Medical Branch join the Texas Medical OF NORTH CAROLINA ‘‘yes.’’ Center as its 49th member institution. As a IN THE HOUSE OF REPRESENTATIVES House rollcall vote 70, I would have voted member of the Texas Medical Center, UTMB Tuesday, March 2, 2010 ‘‘yes.’’ will be collaborating more closely with other House rollcall vote 71, I would have voted Mr. JONES. Madam Speaker, I have the ‘‘yes.’’ member institutions and this relationship will privilege of representing a district with a very further increase the combined level of exper- House rollcall vote 72, I would have voted unique culture. The people of eastern North ‘‘no.’’ tise that will be a material benefit to citizens Carolina have fought to preserve this culture throughout Texas and beyond.’’ House rollcall vote 73, I would have voted that focuses on beach life and the traditions ‘‘yes.’’ Working closely with UTMB as I do, I am that go along with the coastal and coastal not surprised that it has been asked to join the House rollcall vote 74, I would have voted piedmont region. ‘‘yes.’’ University of Texas Medical Center. The peo- Beach Music and Shag Music is the very ple of UTMB are consistently working to im- foundation for many of the traditions for the f prove the lives and health of Texans and all people who grew up in eastern North Carolina Americans. and this music remains a staple in the lives of PERSONAL EXPLANATION UTMB is one of the major centers of med- my constituents to this day. ical research in Texas and in the nation. My wife JoeAnne and I would like to con- HON. TIMOTHY H. BISHOP UTMB features a multidisciplinary environment gratulate Mr. Sid Pruitt, of Wilmington, NC, OF NEW YORK that enables scientists and clinicians to work who is being recognized as the 2010 Inductee IN THE HOUSE OF REPRESENTATIVES on projects that often have immediate applica- to the Beach Deejay Hall of Fame. I have Tuesday, March 2, 2010 tion to patient care. Among UTMB’s areas of known Sid for 15 years and have flown with strength are neuroscience; pain management him a number of times, as he is also a pilot. Mr. BISHOP of New York. Madam Speaker, and stroke treatment; gastrointestinal health; I have just learned of his other talent as a I was unavoidably detained and not present in environmental health and asthma; infectious ‘‘Beach Music’’ deejay. the House chamber on Thursday, February diseases; vaccine development; cancer; mo- Beach Deejay Hall of Fame inductees are to 25, 2010 to vote on rollcalls 66 through 73. lecular medicine; aging; and diabetes. Among be of reputable character and conduct him/ I would have voted ‘‘yea’’ on rollcalls 66, 67, its numerous activities, UTMB hosts summer herself in a professional manner and I can at- 68, 69, 70, 72 and 73. I would have voted science programs for middle school, high test to this with Sid Pruitt. ‘‘nay’’ on rollcall 71 had I been present.

VerDate Nov 24 2008 05:13 Mar 03, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\K02MR8.007 E02MRPT1 tjames on DSKG8SOYB1PROD with REMARKS Tuesday, March 2, 2010 Daily Digest Senate ties, Nevada, with an amendment in the nature of Chamber Action a substitute. (S. Rept. No. 111–136) Routine Proceedings, pages S897–S971 S. 1053, to amend the National Law Enforcement Measures Introduced: Four bills and two resolu- Museum Act to extend the termination date. (S. tions were introduced, as follows: S. 3056–3059, S. Rept. No. 111–137) Res. 429, and S. Con. Res. 52. Pages S944–45 S. 1139, to require the Secretary of Agriculture to Measures Reported: enter into a property conveyance with the city of S. 409, to secure Federal ownership and manage- Wallowa, Oregon, with an amendment in the nature ment of significant natural, scenic, and recreational of a substitute. (S. Rept. No. 111–138) resources, to provide for the protection of cultural re- S. 1140, to direct the Secretary of the Interior to sources, to facilitate the efficient extraction of min- convey certain Federal land to Deschutes County, eral resources by authorizing and directing an ex- Oregon, with an amendment in the nature of a sub- change of Federal and non-Federal land, with an stitute. (S. Rept. No. 111–139) amendment in the nature of a substitute. (S. Rept. S. 1369, to amend the Wild and Scenic Rivers No. 111–129) Act to designate segments of the Molalla River in S. 522, to resolve the claims of the Bering Straits the State of Oregon, as components of the National Native Corporation and the State of Alaska to land Wild and Scenic Rivers System, with an amend- adjacent to Salmon Lake in the State of Alaska and ment. (S. Rept. No. 111–140) to provide for the conveyance to the Bering Straits S. 1405, to redesignate the Longfellow National Native Corporation of certain other public land in Historic Site, Massachusetts, as the ‘‘Longfellow partial satisfaction of the land entitlement of the House-Washington’s Headquarters National Historic Corporation under the Alaska Native Claims Settle- Site’’. (S. Rept. No. 111–141) ment Act, with an amendment in the nature of a substitute. (S. Rept. No. 111–130) S. 1453, to amend Public Law 106–392 to main- S. 555, to provide for the exchange of certain land tain annual base funding for the Bureau of Reclama- located in the Arapaho-Roosevelt National Forests in tion for the Upper Colorado River and San Juan fish the State of Colorado, with an amendment in the na- recovery programs through fiscal year 2023. (S. ture of a substitute. (S. Rept. No. 111–131) Rept. No. 111–142) S. 721, to expand the Alpine Lakes Wilderness in S. 1757, to provide for the prepayment of a repay- the State of Washington, to designate the Middle ment contract between the United States and the Fork Snoqualmie River and Pratt River as wild and Uintah Water Conservancy District. (S. Rept. No. scenic rivers, with an amendment in the nature of a 111–143) substitute. (S. Rept. No. 111–132) S. 1759, to authorize certain transfers of water in S. 782, to provide for the establishment of the the Central Valley Project, with an amendment in National Volcano Early Warning and Monitoring the nature of a substitute. (S. Rept. No. 111–144) System, with an amendment in the nature of a sub- H.R. 689, to interchange the administrative juris- stitute. (S. Rept. No. 111–133) diction of certain Federal lands between the Forest S. 853, to designate additional segments and trib- Service and the Bureau of Land Management, with utaries of White Clay Creek, in the States of Dela- an amendment in the nature of a substitute. (S. ware and Pennsylvania, as a component of the Na- Rept. No. 111–145) tional Wild and Scenic Rivers System, with amend- H.R. 714, to authorize the Secretary of the Inte- ments. (S. Rept. No. 111–134) rior to lease certain lands in Virgin Islands National S. 874, to establish El Rio Grande Del Norte Na- Park, with amendments. (S. Rept. No. 111–146) tional Conservation Area in the State of New Mex- H.R. 1121, to authorize a land exchange to ac- ico, with an amendment in the nature of a sub- quire lands for the Blue Ridge Parkway from the stitute. (S. Rept. No. 111–135) Town of Blowing Rock, North Carolina. (S. Rept. S. 940, to direct the Secretary of the Interior to No. 111–147) convey to the Nevada System of Higher Education H.R. 1287, to authorize the Secretary of the Inte- certain Federal land located in Clark and Nye coun- rior to enter into a partnership with the Porter D168

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H.R. 1442, to provide for the sale of the Federal Page S970 Government’s reversionary interest in approximately 60 acres of land in Salt Lake City, Utah, originally Measures Considered: conveyed to the Mount Olivet Cemetery Association Tax Extenders Act—Agreement: Senate contin- under the Act of January 23, 1909. (S. Rept. No. ued consideration of H.R. 4213, to amend the Inter- 111–150) nal Revenue Code of 1986 to extend certain expiring H.R. 1593, to amend the Wild and Scenic Rivers provisions, taking action on the following amend- Act to designate a segment of Illabot Creek in ments proposed thereto: Page S934 Skagit County, Washington, as a component of the Pending: National Wild and Scenic Rivers System, with an Baucus Amendment No. 3336, in the nature of a amendment. (S. Rept. No. 111–151) substitute. Page S934 H.R. 1694, to authorize the acquisition and pro- Sessions Amendment No. 3337 (to Amendment tection of nationally significant battlefields and asso- No. 3336), to reduce the deficit by establishing dis- ciated sites of the Revolutionary War and the War cretionary spending caps. Page S934 of 1812 under the American Battlefield Protection Thune Amendment No. 3338 (to Amendment Program, with amendments. (S. Rept. No. 111–152) No. 3336), to create additional tax relief for busi- H.R. 1945, to require the Secretary of the Interior nesses. Page S934 to conduct a study on the feasibility and suitability Landrieu Amendment No. 3335 (to Amendment of constructing a storage reservoir, outlet works, and No. 3336), to amend the Internal Revenue Code of a delivery system for the Tule River Indian Tribe of 1986 to extend the low-income housing credit rules the Tule River Reservation in the State of California for buildings in GO Zones. Page S934 to provide a water supply for domestic, municipal, A unanimous-consent agreement was reached pro- industrial, and agricultural purposes. (S. Rept. No. viding for further consideration of the bill at ap- 111–153) proximately 9:30 a.m., on Wednesday, March 3, H.R. 2330, to direct the Secretary of the Interior 2010, and that the next two Democratic amend- to carry out a study to determine the suitability and ments be offered by Senators Murray and Sanders; feasibility of establishing Camp Hale as a unit of the and the next two Republican amendments be offered National Park System, with an amendment in the by Senator Bunning. Page S970 nature of a substitute. (S. Rept. No. 111–154) H.R. 2802, to provide for an extension of the leg- Nomination Confirmed: Senate confirmed the fol- islative authority of the Adams Memorial Foundation lowing nomination: to establish a commemorative work in honor of By unanimous vote of 99 yeas (Vote No. EX. 30), former President John Adams and his legacy. (S. Barbara Milano Keenan, of Virginia, to be United Rept. No. 111–155) States Circuit Judge for the Fourth Circuit. H.R. 3113, to amend the Wild and Scenic Rivers Pages S904–909, S909–10 Act to designate a segment of the Elk River in the During consideration of this measure today, Senate State of West Virginia for study for potential addi- also took the following action: tion to the National Wild and Scenic Rivers System. By a unanimous vote of 99 yeas (Vote No. Ex. (S. Rept. No. 111–156) Page S944 29), three-fifths of those Senators duly chosen and Measures Passed: sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on the nomina- Temporary Extension Act: By 78 yeas to 19 nays tion. Pages S908–09 (Vote No. 32), Senate agreed to H.R. 4691, to pro- vide a temporary extension of certain programs, after Nominations Received: Senate received the fol- taking action on the following amendment proposed lowing nominations: thereto, clearing the measure for the President: Michael C. Camun˜ez, of California, to be an As- Pages S926–34 sistant Secretary of Commerce. During consideration of this measure today, Senate 1 Army nomination in the rank of general. also took the following action: Pages S970–71 By 43 yeas to 53 nays (Vote No. 31), three-fifths Messages from the House: Page S942 of those Senators duly chosen and sworn, not having Executive Communications: Page S944 voted in the affirmative, Senate rejected the motion to waive pursuant to section 311 of the Congres- Additional Cosponsors: Page S945 sional Budget Act of 1974, with respect to Bunning Statements on Introduced Bills/Resolutions: Amendment No. 3355, in the nature of a substitute. Pages S945–54

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Additional Statements: Pages S940–42 Highway Traffic Safety Administration; Clarence M. Amendments Submitted: Pages S954–70 Ditlow, Center for Auto Safety, Washington, D.C.; Shinichi Sasaki, and Takeshi Uchiyamada, both of Notices of Hearings/Meetings: Page S970 Toyota Motor Corporation, both of Tokyo, Japan; Authorities for Committees to Meet: Page S970 and Yoshimi Inaba, Toyota Motor North America, Record Votes: Four record votes were taken today. New York, New York. (Total—32) Pages S909–10, S933–34 Adjournment: Senate convened at 10 a.m. and ad- NOMINATIONS journed at 9:33 p.m., until 9:30 a.m. on Wednes- Committee on Finance: Committee concluded a hearing day, March 3, 2010. (For Senate’s program, see the to examine the nominations of Jeffrey Alan Gold- remarks of the Acting Majority Leader in today’s stein, of New York, to be Under Secretary of the Record on page S970.) Treasury, Francisco J. Sanchez, of Florida, to be Under Secretary of Commerce for International Trade, who was introduced by Senator Nelson (FL), Committee Meetings and Sherry Glied, of New York, to be Assistant Sec- (Committees not listed did not meet) retary of Health and Human Services, after the nominees testified and answered questions in their APPROPRIATIONS: DEPARTMENT OF own behalf. AGRICULTURE Committee on Appropriations: Subcommittee on Agri- GLOBAL INTERNET FREEDOM culture, Rural Development, Food and Drug Admin- Committee on the Judiciary: Subcommittee on Human istration, and Related Agencies concluded a hearing Rights and the Law concluded a hearing to examine to examine proposed budget estimates for fiscal year global internet freedom and the rule of law, part II, 2011 for the Department of Agriculture, after receiv- after receiving testimony from Michael H. Posner, ing testimony from Tom Vilsack, Secretary of Agri- Assistant Secretary of State for Democracy, Human culture. Rights and Labor; Daniel J. Weitzner, Associate Ad- ministrator for Policy Analysis and Development, SMALL BUSINESS BORROWING AND National Telecommunications and Information Ad- LENDING ministration, Department of Commerce; Nicole Committee on Banking, Housing, and Urban Affairs: Wong, Google Inc., Mountain View, California; Re- Subcommittee on Economic Policy concluded a hear- becca MacKinnon, Global Voices Online, Princeton, ing to examine restoring credit, focusing on pro- New Jersey; and Omid Memarian, International posals to fix small business borrowing and lending Campaign for Human Rights in Iran, San Francisco, problems, after receiving testimony from Senators California. Levin and Stabenow; Arthur Johnson, United Bank of Michigan, Grand Rapids, on behalf of the Amer- DISABLED VETERANS OF AMERICA ican Bankers Association; Eric Gillett, Sutton Bank, Committee on Veterans’ Affairs: Committee concluded a Attica, Ohio, on behalf of the Independent Commu- joint hearing with the House Committee on Vet- nity Bankers Association; and Raj Date, Cambridge erans’ Affairs to examine a legislative presentation Winter Center for Financial Institutions Policy, New from Disabled Veterans of America, after receiving York, New York. testimony from Roberto Barrera, Disabled American Veterans, Del Rio, Texas. TOYOTA RECALLS Committee on Commerce, Science, and Transportation: INTELLIGENCE Committee concluded a hearing to examine Toyota’s Select Committee on Intelligence: Committee held closed recalls and the government’s response, after receiving hearings on intelligence matters, receiving testimony testimony from Ray LaHood, Secretary of Transpor- from officials of the intelligence community. tation; David Strickland, Administrator, National Committee recessed subject to the call.

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higher education, by a 2⁄3 yea-and-nay vote of 383 Chamber Action yeas with none voting ‘‘nay’’, Roll No. 75; and Public Bills and Resolutions Introduced: 21 pub- Pages H993–94, H999 lic bills, H.R. 4714–4734; and 13 resolutions, H.J. Congratulating the Pennsylvania State Univer- Res. 77–78; H. Con. Res. 244–245; and H. Res. sity IFC/Panhellenic Dance Marathon (THON): 1125, 1127–1134 were introduced. Pages H1026–27 H. Res. 1112, to congratulate the Pennsylvania State Additional Cosponsors: Pages H1027–29 University IFC/Panhellenic Dance Marathon Report Filed: A report was filed today as follows: (THON) on its continued success in support of the H. Res. 1126, providing for consideration of the Four Diamonds Fund at Penn State Hershey Chil- bill (H.R. 4247) to prevent and reduce the use of dren’s Hospital. Pages H994–95 physical restraint and seclusion in schools (H. Rept. Recess: The House recessed at 4:17 p.m. and recon- 111–425). Page H1026 vened at 6:31 p.m. Page H999 Recess: The House recessed at 12:42 p.m. and re- Presidential Messages: Read a message from the convened at 2 p.m. Page H974 President wherein he notified Congress of the con- tinuation beyond March 6, 2010 of the national Chaplain: The prayer was offered by the guest emergency with respect to the actions and policies of Chaplain, Chaplain John Beaver, National Chaplain certain members of the Government of Zimbabwe of the American Legion, Mobile, Alabama. Page H974 and other persons to undermine Zimbabwe’s demo- Whole Number of the House: The Chair an- cratic processes or institutions—referred to the Com- nounced to the House that, in light of the resigna- mittee on Foreign Affairs and ordered printed (H. tion of Representative Abercrombie of Hawaii, the Doc. 111–96). Page H974 whole number of the House is adjusted to 432. Read a message from the President wherein he Page H974 transmitted to Congress a proposed constitution for Suspensions: The House agreed to suspend the rules the United States Virgin Islands—referred to the and pass the following measures: Committee on Natural Resources. Page H975 Natural Hazards Risk Reduction Act: H.R. Senate Message: Message received from the Senate 3820, amended, to reauthorize Federal natural haz- today appears on pages H1017–18. ards reduction programs, by a 2⁄3 yea-and-nay vote Quorum Calls—Votes: Two yea-and-nay votes and of 335 yeas to 50 nays, Roll No. 76; one recorded vote developed during the proceedings Pages H975–84, H999–H1000 of today and appear on pages H999, H999–H1000, H1000–01. There were no quorum calls. Supporting the goals and ideals of National En- gineers Week: H. Res. 1097, to support the goals Adjournment: The House met at 12:30 p.m. and and ideals of National Engineers Week, by a 2⁄3 re- adjourned at 10:50 p.m. corded vote of 382 ayes with none voting ‘‘no’’, Roll No. 77; Pages H984–87, H1000–01 Committee Meetings Recognizing the significant contributions of the Military Working Dog (MWD) Program to the HOMELAND SECURITY APPROPRIATIONS United States Armed Forces: H. Res. 812, amend- Committee on Appropriations: Subcommittee on Home- ed, to recognize the significant contributions of the land Security held a hearing on Major Systems Ac- Military Working Dog (MWD) Program to the quisition at DHS. Testimony was heard from Jane United States Armed Forces; Pages H991–93 Holl Lute, Deputy Secretary, Department of Home- Agreed to amend the title so as to read: ‘‘Recog- land Security. nizing the significant contributions of the Military Working Dog Program to the United States Armed SELECT INTELLIGENCE OVERSIGHT Forces.’’. Page H993 Committee on Appropriations: Select Intelligence Over- Recognizing Louisiana State University for 150 sight Panel met in executive session on the National years of service and excellence in higher education: Intelligence Program Budget. Testimony was heard H. Res. 1072, amended, to recognize Louisiana State from Dennis Blair, Director, Office of the Director University for 150 years of service and excellence in of National Intelligence.

VerDate Mar 15 2010 02:25 Jun 20, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\RECORD10\RECFILES\D02MR0.REC D02MR0 mmaher on DSKD5P82C1PROD with CONG-REC-ONLINE D172 CONGRESSIONAL RECORD — DAILY DIGEST March 2, 2010 STRENGTHENING FEDERAL CHILD timony was heard from Chairman Miller of Cali- NUTRITION PROGRAMS fornia, Representatives Kline and McMorris Rodgers. Committee on Education and Labor: Held a hearing on ADOPTING THE RULES COMMITTEE VIEWS Improving Children’s Health: Strengthening Federal AND ESTIMATES ON THE PRESIDENT’S FY Child Nutrition Programs. Testimony was heard 2011 BUDGET from public witnesses. Committee on Rules: The Committee adopted, by a PREVENTING HARMFUL RESTRAINT AND non-record vote, its views and estimates on the SECLUSION IN SCHOOLS ACT President’s fiscal year 2011 budget. Committee on Rules: Granted, by a non-record vote, a structured rule providing for consideration of H.R. Joint Meetings 4247, the ‘‘Preventing Harmful Restraint and Seclu- No joint committee meetings were held. sion in Schools Act.’’ The rule provides one hour of f general debate in the House equally divided and controlled by the chairman and ranking minority NEW PUBLIC LAWS member of the Committee on Education and Labor. (For last listing of Public Laws, see DAILY DIGEST, p. D164) The rule waives all points of order against consider- S. 2950, to extend the pilot program for volunteer ation of the bill except for clauses 9 and 10 of rule groups to obtain criminal history background XXI. The amendment in the nature of a substitute checks. Signed on March 1, 2010. (Public Law recommended by the Committee on Education and 111–143) Labor now printed in the bill shall be considered as f adopted. The rule waives all points of order against provisions of the bill, as amended. The rule provides COMMITTEE MEETINGS FOR WEDNESDAY, that the bill, as amended, shall be considered as MARCH 3, 2010 read. The rule makes in order the amendment print- (Committee meetings are open unless otherwise indicated) ed in part A of the Rules Committee report if of- Senate fered by Rep. George Miller or his designee, which shall be considered as read, shall be separately debat- Committee on Appropriations: Subcommittee on Defense, able for 10 minutes equally divided and controlled to hold hearings to examine the Army budget overview by the proponent and an opponent, and shall not be for fiscal year 2011, 9:30 a.m., SD–192. Subcommittee on Interior, Environment, and Related subject to a demand for division of the question. The Agencies, to hold hearings to examine proposed budget rule also makes in order the amendment printed in estimates for fiscal year 2011 for the Environmental Pro- part B the report if offered by Rep. Flake or his des- tection Agency, 9:30 a.m., SD–124. ignee, which shall be considered as read, shall be Committee on Armed Services: Subcommittee on Strategic separately debatable for 10 minutes equally divided Forces, to hold hearings to examine the protective forces and controlled by the proponent and an opponent, at the Department of Energy, 2:30 p.m., SR–232A. and shall not be subject to a demand for division of Full Committee, to receive a closed briefing on poli- the question. The rule waives all points of order cies, procedures, and practices relating to the transfer of against the amendments printed in the report except detainees held at the Guantanamo Detention Facility, for clauses 9 and 10 of rule XXI. The rule provides 4:30 p.m., SVC–217. Committee on Commerce, Science, and Transportation: Sub- on motion to recommit with or without instructions. committee on Oceans, Atmosphere, Fisheries, and Coast The rule provides that during consideration of an Guard, to hold hearings to examine the President’s pro- amendment printed in the report of the Committee posed budget request for fiscal year 2011 for the National on Rules accompanying this rule, the Chair may Oceanic and Atmospheric Administration and Fisheries postpone the question of adoption as though under Enforcement Programs and Operations, 10 a.m., SR–253. clause 8 of rule XX. The rule provides that measures Committee on Energy and Natural Resources: business may be considered under suspension of the rules at meeting to consider any pending nominations; to be im- any time through Thursday, March 4, 2010. The mediately followed by a hearing to examine the Presi- Speaker or her designee shall consult with the Mi- dent’s proposed budget request for fiscal year 2011 for nority Leader or his designee on the designation of the Department of the Interior, 10 a.m., SD–366. Committee on Environment and Public Works: to hold hear- any matter for consideration pursuant to this author- ings to examine transportation investments relative to the ity. The rule waives clause 6(a) of rule XIII (requir- national economy and jobs, 10 a.m., SD–406. ing a two-thirds vote to consider a rule on the same Committee on Finance: to hold hearings to examine the day it is reported from the Rule Committee) against 2010 trade agenda, 10:30 a.m., SD–215. any rule reported from the Rules committee through Committee on Homeland Security and Governmental Affairs: the legislative day of Thursday, March 4, 2010. Tes- to hold hearings to examine chemical security, focusing

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on assessing progress and charting a path forward, 9:30 Security’s Science and Technology Directorate,’’ 2 p.m., a.m., SD–342. 311 Cannon. Subcommittee on Federal Financial Management, Gov- Committee on the Judiciary, hearing on Domestic and ernment Information, Federal Services, and International International Trademark Implications of HAVANA Security, to hold hearings to examine oversight challenges CLUB and Section 211 of the Omnibus Appropriations in the Medicare prescription drug program, 2:30 p.m., Act of 1999, 10:15 a.m., 2141 Rayburn. SD–342. Committee on Natural Resources, Subcommittee on Insular Committee on the Judiciary: to hold hearings to examine Affairs, Oceans and Wildlife, oversight hearing entitled encouraging innovative and cost-effective crime reduction ‘‘Setting the Bar for Accountability: Improving NOAA strategies, 2:15 p.m., SD–226. Fisheries Law Enforcement Programs and Operations,’’ 2 Committee on Veterans’ Affairs: to hold an oversight hear- p.m., 1324 Longworth. ing to examine mental health care and suicide prevention Committee on Oversight and Government Reform, Sub- for veterans, 9:30 a.m., SR–418. committee on National Security and Foreign Affairs, House hearing entitled ‘‘Transnational Drug Enterprises (Part II): U.S. Government Perspectives on the Threats to Committee on Agriculture, to consider the following: H.R. Global Stability and U.S. National Security,’’ 10 a.m., 3509, Agricultural Credit Act of 2009; and H.R. 3954, 2154 Rayburn. Florida National Forest Land Adjustment Act of 2009; Committee on Science and Technology, hearing on the De- and the Views and Estimates Letter to the Committee on partment of Energy Fiscal Year 2011, Research and De- the Budget, 3:30 p.m., 1300 Longworth. velopment Budget Proposal, 12 p.m., 2318 Rayburn. Subcommittee on General Farm, Commodities and Committee on Transportation and Infrastructure, Risk Management, hearing to review implementation of to consider changes to the Commodity Exchange Act contained in the following: the National Transportation Safety Board the 2008 Farm Bill, 9:30 a.m., 1300 Longworth. Reauthorization Act of 2010; the Clean Estuaries Act of Committee on Armed Services, Subcommittee on Military 2010; H.R. 4275, To designate the annex building under Personnel, hearing to review the Department of Defense construction for the Elbert P. Tuttle United States Court process for assessing the requirements to implement re- of Appeals Building in Atlanta, Georgia, as the ‘‘John C. peal of ‘‘Don’t Ask, Don’t Tell,’’ 2:30 p.m., 2118 Ray- Godbold United States Judicial Administration Build- burn. ing;’’ a resolution Supporting the goals and ideals of Na- Subcommittee on Seapower and Expeditionary Forces, tional Public Works Week, and for other purposes; H. hearing on the Fiscal Year 2011 National Defense Au- Res. 1062, Recognizing the Coast Guard Group Astoria’s thorization Budget Request for the Department of the more than 60 years of service to the Pacific Northwest, Navy shipbuilding acquisition programs, 2 p.m., 210 and for other purposes; the Fiscal Year 2011 Budget HVC Views and Estimates of the Committee on Transportation Committee on the Budget, hearing on Member’s Day, 10 and Infrastructure, and other pending business, 10 a.m., a.m., 210 Cannon. followed by a hearing on the Water Resources Develop- Committee on Education and Labor, hearing with U.S. ment Act of 2007: A Review of Implementation in its Secretary of Education on Building a Stronger Economy: Third Year, 12 p.m., 2167 Rayburn. Spurring Reform and Innovation in American Education, Subcommittee on Water Resources and Environment, 9:30 a.m., 2175 Rayburn. hearing on Agency Budgets and Priorities for Fiscal Year Committee on Financial Services, to consider Committee 2011, 2 p.m., 2167 Rayburn. Print entitled ‘‘Views and Estimates of the Committee on Committee on Veterans’ Affairs, Subcommittee on Health, Financial Services on Matters to be Set Forth in the Con- hearing on H.R. 4241, To amend chapter 17 of title 38, current Resolution on the Budget for Fiscal Year 2011,’’ United States Code, to allow for increased flexibility in 10 a.m., 2128 Rayburn. payments to State veterans homes, 2 p.m., 340 Cannon. Committee on Foreign Affairs, hearing on U.S. Policies Committee on Ways and Means, to mark up Views and and Programs for Global Development: USAID and the Estimates Letter to the Committee on the Budget, 10:30 Fiscal Year 2011 Budget, 9 a.m., 2172 Rayburn. a.m., 1100 Longworth. Subcommittee on Asia, the Pacific and the Global En- Permanent Select Committee on Intelligence, executive, Sub- vironment, hearing on Regional Overview of East Asia committee on Technical and Tactical Intelligence, execu- and the Pacific, 2:30 p.m., 2172 Rayburn. tive, briefing on SRP Wrap-Up, 1 p.m., 304 HVC. Committee on Homeland Security, Subcommittee on Subcommittee on Terrorism, Human Intelligence, Emerging Threats, Cybersecurity, and Science and Tech- Analysis, and Counterintelligence, executive, briefing on nology, hearing entitled: The Department of Homeland Hot Spots, 3 p.m., 304 HVC.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 3 10 a.m., Wednesday, March 3

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of the following ation of H.R. 4213, Tax Extenders Act. suspensions: 1) H. Res. 1096—Encouraging individuals across the United States to participate in the 2010 Cen- sus; 2) H. Res. 1079—Congratulating the New Orleans Saints; 3) H. Res. 1082—Supporting the goals and ideals of the fourth annual America Saves Week; 4) H.R. 2554—National Association of Registered Agents and Brokers Reform Act of 2009; 5) H. Con. Res. 239—Au- thorizing the use of Emancipation Hall in the Capitol Visitor Center for a ceremony to present the Congres- sional Gold Medal to the Women Airforce Service Pilots; 6) H. Con. Res. 236—Permitting the use of the rotunda of the Capitol for a ceremony as part of the commemora- tion of the days of remembrance of victims of the Holo- caust. Consideration of H.R. 4247—Preventing Harmful Restraint and Seclusion in Schools Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Doyle, Michael F., Pa., E281 Miller, Jeff, Fla., E273 Fattah, Chaka, Pa., E274 Myrick, Sue Wilkins, N.C., E284 Barrett, J. Gresham, S.C., E283 Higgins, Brian, N.Y., E273 Paul, Ron, Tex., E288 Bishop, Rob, Utah, E273 Hirono, Mazie K., Hawaii, E274 Poe, Ted, Tex., E285 Bishop, Timothy H., N.Y., E288 Honda, Michael M., Calif., E285 Rangel, Charles B., N.Y., E278 Blumenauer, Earl, Ore., E280 Jones, Walter B., N.C., E288 Richardson, Laura, Calif., E280, E287 Capps, Lois, Calif., E280 Jordan, Jim, Ohio, E282 Rodriguez, Ciro D., Tex., E279 Castle, Michael N., Del., E273 Kildee, Dale E., Mich., E284, E286 Schiff, Adam B., Calif., E281 Castor, Kathy, Fla., E286 Kilroy, Mary Jo, Ohio, E285 Schrader, Kurt, Ore., E278 Clyburn, James E., S.C., E277, E281, E284, E287 King, Peter T., N.Y., E287 Shuler, Heath, N.C., E283 Coffman, Mike, Colo., E284 Kissell, Larry, N.C., E282 Stupak, Bart, Mich., E288 Courtney, Joe, Conn., E283 Levin, Sander M., Mich., E280 Wasserman Schultz, Debbie, Fla., E285 Cuellar, Henry, Tex., E278, E287 Massa, Eric J.J., N.Y., E279 Westmoreland, Lynn A., Ga., E284, E286 DeLauro, Rosa L., Conn., E279 Michaud, Michael H., Me., E283 Wolf, Frank R., Va., E286 Dent, Charles W., Pa., E274 Miller, Candice S., Mich., E277

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