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

Vol. 155 WASHINGTON, TUESDAY, APRIL 28, 2009 No. 63 House of Representatives The House met at 10:30 a.m. and was agreement with my constituent in that roles are not seriously embraced. Of- called to order by the Speaker pro tem- I am pleased for Mrs. Obama, but I tentimes, they are cut adrift or cast pore (Mrs. CAPPS). don’t want her high marks to diminish aside; not true with Laura Bush. f the high marks Laura Bush recorded. We wish Mrs. Obama well as she com- Madam Speaker, there is no blue- mences her role as our First Lady, DESIGNATION OF SPEAKER PRO print for successfully filling the office while at the same time I want us to fa- TEMPORE of First Lady. Members of Congress vorably recall the 8 years Laura Bush The SPEAKER pro tempore laid be- have elections and constituents to pro- served as our First Lady. fore the House the following commu- vide constructive criticism along the nication from the Speaker: way. The First Lady has no such ben- f WASHINGTON, DC, efit, and as a result, she must master April 28, 2009. the art of on-the-job training with the BUDGET—OUR LONG-TERM I hereby appoint the Honorable LOIS CAPPS world’s microscope on her every move. ECONOMIC PLAN to act as Speaker pro tempore on this day. Mrs. Laura Bush perfected this art as NANCY PELOSI, well as any other First Lady in our his- The SPEAKER pro tempore. The Speaker of the House of Representatives. tory. Not only is her list of accomplish- Chair recognizes the gentlewoman from f ments long and meaningful, but they California (Ms. RICHARDSON) for 5 min- were achieved with little fanfare dur- utes. MORNING-HOUR DEBATE ing a tumultuous period in our history. Ms. RICHARDSON. Madam Speaker, The SPEAKER pro tempore. Pursu- She is responsible, Madam Speaker, we are working to pass this week in ant to the order of the House of Janu- for spearheading the effort to bring the both the Senate and the House a budg- ary 6, 2009, the Chair will now recog- National Book Festival to the National et resolution. It is a long-term eco- nize Members from lists submitted by Mall. She led the charge to bolster nomic plan that we are working to- the majority and minority leaders for Teach for America, which helped in- gether with the administration that morning-hour debate. crease the number of teachers being will mark President Obama’s 100th day The Chair will alternate recognition produced by this program every year. in service. between the parties, with each party All of these teachers will teach in im- The fallout from the failed policies limited to 30 minutes and each Mem- poverished urban and rural schools. over the last 8 years has made this job ber, other than the majority and mi- She helped stave an impending crisis in even tougher. Let’s talk about what nority leaders and the minority whip, our libraries, which were facing a 40 has happened over the last 8 years and limited to 5 minutes. percent rate of attrition. Furthermore, what exactly President Obama inher- f much of her time overseas was spent ited. sharing information on HIV/AIDS and A record time during the last 8 years, TRIBUTE TO FIRST LADY LAURA malaria awareness and the needs of President Bush—and the Republicans LANE WELCH BUSH women. with that—built on a deficit of $5.8 tril- The SPEAKER pro tempore. The Madam Speaker, Mrs. Bush has lion. When President Obama came into Chair recognizes the gentleman from sought no praise or public attention. this office, a $5.8 trillion deficit; when North Carolina (Mr. COBLE) for 5 min- This is exactly why her accomplish- President Bush came in, he had a $5.6 utes. ments should be recognized—and per- trillion surplus when you looked at it Mr. COBLE. Madam Speaker, haps even memorialized to some extent over this time period. Michelle Obama is enjoying immense so that future First Ladies can learn The national debt doubled, and the popularity throughout America. She from her legacy. amount held by foreign countries of has been described as a ‘‘breath of fresh When Mrs. Bush was asked whether ownership in this country has more air’’ and the ‘‘First Lady we have been she would assume a role by a previous than tripled. The smallest rate of job waiting for.’’ First Lady, she replied that she would growth in three-quarters of a century. A Democrat constituent spoke to me define her role as First Lady for her- There have been flat wages. And more several days ago expressing approval of self. Americans are living in poverty with- the First Lady’s high marks, but she Mrs. Bush’s demeanor portrays her as out health care insurance. furthermore expressed concern that we quiet and unassuming. Oftentimes, But this isn’t anything new to the do not forget Mrs. Obama’s immediate Madam Speaker, people—male and fe- American people. We have experienced predecessor, Mrs. Laura Bush. I am in male—who maintain quiet, unassuming this. We have seen it firsthand. And the

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

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VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4844 CONGRESSIONAL RECORD — HOUSE April 28, 2009 American people spoke back in Novem- greatest economy on Earth in favor of avoid making them in the future. ber with an election and said that they a relentless march towards socialism Looking to the past, we discover that wanted a new direction and change. designed to subvert the worth of the in- Henry Morganthau, FDR’s Treasury Our long-term economic plan takes dividual and encourage the intrusion of Secretary, gave this very important steps to reduce health care costs, one government into all aspects of our quote in May of 1939 during the Great of the largest contributors to the def- lives.’’ Depression. He said, ‘‘We have tried icit, and a growing burden on our busi- Madam Speaker, I will submit the en- spending money. We are spending more nesses’ ability to compete and families’ tire ‘‘Tax Tea Party Declaration’’ for than we have ever spent before and it prosperity. the RECORD. And also, I have a petition does not work. I have just one interest, Our long-term economic plan is signed by over 2,000 people in Ocala, and now if I am wrong, somebody else something that the American people Florida, demonstrating their commit- can have my job. I want to see this have been calling for, a true look at ment to ending this bad economic pol- country prosper. I want to see people transparency, looking at the impacts icy. get a job. I want to see people get of the cost of the war in both Iraq and Like those who attended rallies in enough to eat. We have never made in Afghanistan. Starke, Trenton, Gainesville, and Or- good on our promises. I say, after 8 We have to consider in this long-term ange Park, I have not and will not sup- years of this administration, we have budget looking at the targeted invest- port bailout after bailout as sound eco- just as much unemployment as when ments that must be made that will ul- nomic policy. It is unconscionable for we started, and enormous debt to timately end in savings; investments in this administration and this Congress boot.’’ health care, investments in energy, in- to continue committing good money This current economic policy of bail- vestments in education, and real con- after bad. out after bailout and colossal govern- crete proposals that will pay for these In October of 2008, the U.S. Govern- ment spending is just plain wrong, investments. ment committed an astounding $700 Madam Speaker, and the American This plan marks the beginning of a billion in public funds to failing pri- people know it. new era of honesty. I, as a Member, had vate financial institutions through the When, in the course of human events, it be- an opportunity to go before the Budget Troubled Asset Relief Program, TARP. comes necessary for like-minded patriotic Committee and to share what my pri- However, just last week, the TARP citizens to rally as one against the powers orities were, as every Member of Con- Special Inspector General reported that threaten to alter, diminish and destroy this country we love, proper respect for the gress had an opportunity to do. This is that the total cost of TARP will cost opinions of our fellow citizens requires that a new era of honesty, budgeting accu- the American taxpayer between $2.4 we should clearly state the grievances that racy, and openly representing costs trillion and $2.9 trillion. impel us to gather at this Ocala tea party to like the war, as I previously men- It is evident that we can no longer protest peacefully, but passionately in the tioned. Previous Republican budgets allow government bureaucrats such as tradition of our forefathers whose Boston masked these costs to make the deficit Timothy Geithner and Henry Paulson Tea party resonated around the world. appear to be smaller. to use their position and the taxpayer- The history of the present government of funded Federal Reserve to act as a safe- these United States is a history of repeated Our economic plan contains key in- injuries and usurpations, all having the ef- tegrity initiatives to protect the tax- ty net for their partners on Wall Street fect of establishing an unacceptable tyranny payers’ money by rooting out waste, when they fail due to incompetence over the citizens of these states. Let the fraud and abuse, and saving taxpayers and unchecked greed. facts be self-evident and speak for them- nearly $50 billion. I am a strong believer in free mar- selves . . . and let these grievances be heard The American people called for a kets. And inherent in that economic in the halls of power in 2009, just as they change, a new direction back in No- model is that not every person or idea were heard in the palace of Britain’s King vember. That is exactly what this Con- makes money. It is time for Wall George the third, as they thundered forth gress is delivering. Street to understand this unmistak- from the text of the Declaration of Independ- ence on July 4th, 1776. f able tenet and not rely on the Federal Be it resolved on this 15th day of April, in Reserve and the American taxpayer to TAX TEA PARTY DECLARATION the year 2009, at the Great Ocala Tea Party continue to save them when their gam- in the Town Square in Ocala, Florida, that The SPEAKER pro tempore. The bles accumulate into significant losses. just as our forefathers at the Boston Tea Chair recognizes the gentleman from Anna Schwartz, co-author along with Party protested tyranny at the hands of the Florida (Mr. STEARNS) for 5 minutes. Milton Friedman of ‘‘A Monetary His- British Crown and taxation without rep- Mr. STEARNS. Madam Speaker, I tory of the United States,’’ viewed by resentation, we hereby raise our voices rise today in support of the thousands many as the definitive account of how against the arrogance and the ruinous poli- cies of our own government . . . a govern- of people in the Sixth Congressional U.S. monetary policy turned the stock ment that ignores the will of ‘‘We The Peo- District of Florida who stood together market crash of 1929 into the Great De- ple’’ . . . a government that drowns us in and told this administration and this pression and which Ben Bernanke, the debt . . . a government that forsakes the free Congress to turn off the taxpayer-fund- Chairman of the Federal Reserve, has enterprise system that has driven the engine ed spigot of government bailouts. called the ‘‘leading and most persua- of the greatest economy on earth, in favor of These hardworking Americans made sive explanation of the worst economic a relentless march toward socialism designed their point loud and clear; they do not disaster in American history,’’ con- to subvert the worth of the individual and want to see our Nation bankrupt from tends that the Treasury, through its encourage the intrusion of government into all aspects of our lives. a fiscal policy that ignores the free actions, has prolonged this crisis. Let Let the word go forth from this time and market principles this country was me quote here on this board: place that we are freedom loving Americans founded upon and attempts to spend its ‘‘They should not be recapitalizing who cherish individual liberty, our constitu- way out of record-breaking debt firms that should be shut down. Rath- tion and all that this nation has stood for through increased government control er, firms that made wrong decisions over 233 years. We love our country, and we and expansion of inefficient bureau- should fail. You shouldn’t rescue them. are here to take it back! cratic power. And once that is established as a prin- Let us hereby resolve that we have had enough of massive government driven bail- Let me go ahead and read an excerpt ciple, I think the market recognizes outs using our money! Stop spending money from their 4-page declaration that over that it makes sense.’’ we do not have! This is not your money, this 1,800 people from my hometown, Ocala, As true capitalists, these titans of is our money, and we demand you stop the signed on April 15, tax day. Wall Street should understand the madness! ‘‘We raise our voices against the ar- risks and rewards of a free market We have had enough of so-called economic rogance and the ruinous policies of our economy and be allowed to fail like the stimulus plans that falsely promise we can government, a government that ig- spend ourselves back to prosperity! rest of Main Street when they make We have had enough of trillion-dollar nores We the People, a government foolish or risky decisions. spending schemes being passed without con- that drowns us in debt, a government Many economists look to the past to gress or the people knowing what is in them. that forsakes the free enterprise sys- predict economic futures; it is a tested This is taxation without deliberation and we tem that has driven the engine of the way to learn from past mistakes and will not tolerate it!

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4845 We have had enough of the out of control freedom comes from our hearts. So all and a look at Treasury’s borrowings government spending that is mortgaging our honor, power and glory go to You, shows a stark picture. On Monday, we future and threatening our very way of life! Lord, now and forever. Amen. borrowed $98 billion. Tomorrow, we We have had enough of both major parties will borrow another $61 billion. On av- being arrogant and unresponsive to the peo- f erage, Congress is forcing the Treasury ple they were elected to serve! THE JOURNAL We have had enough of seeing money taken to borrow $157 billion a week. unfairly from honest hard working Ameri- The SPEAKER pro tempore. The Over the first 100 days, our debt has cans through excessive taxation and redis- Chair has examined the Journal of the increased by more than $5.5 billion per tributed to individuals who have not earned last day’s proceedings and announces day. China has cut its lending to the the money! to the House his approval thereof. United States by 95 percent, effectively We have enough of capitalism being tar- Pursuant to clause 1, rule I, the Jour- canceling this Congress’ credit card. geted as the problem instead of the solution! nal stands approved. Let me finish with a couple of per- We have had enough of government being called the solution, when government is the f sonal facts. With only 111 million Federal tax- problem! PLEDGE OF ALLEGIANCE In every stage of these oppressions, we payers, the rate of spending by this have petitioned for redress in the most hum- The SPEAKER pro tempore. Will the Congress in the first 100 days has ble terms. Our repeated petitions to our gentlewoman from Pennsylvania (Ms. shown the congressional leaders put elected officials have been answered only by SCHWARTZ) come forward and lead the each taxpayer into debt at a rate of repeated injury, if, in fact, they have been House in the Pledge of Allegiance. $1,400 per week, $3,200 per quarter, and answered at all. A government so arrogant Ms. SCHWARTZ led the Pledge of Al- over $9,000 each just for the first 6 and unresponsive to its people is unfit to be legiance as follows: the ruler of a free people. months of this Congress. That’s quite a We, therefore, the people of the United I pledge allegiance to the Flag of the record, a world record, and one our States of America, in general congress as- United States of America, and to the Repub- children will live to regret. sembled, here in the Town Square of Ocala, lic for which it stands, one nation under God, f Florida, on this 15th day of April, in the year indivisible, with liberty and justice for all. 2009, do, in the name and by the authority of f HONORING ROBERT DANA the good people of this city and nation, sol- (Mr. LOEBSACK asked and was given WHY THE BUDGET IS IMPORTANT emnly publish and declare that we are a free permission to address the House for 1 FOR HEALTH CARE people, in this free and independent state, minute and to revise and extend his re- and that we have the power to demand that (Ms. SCHWARTZ asked and was marks.) our government cease serving its own inter- given permission to address the House est, and whatever political and ideological Mr. LOEBSACK. Mr. Speaker, today agendas it may be pursuing, and become the for 1 minute and to revise and extend I would like to honor a man who has Government Of The People, By The People, her remarks.) affected the lives of countless Iowans, and For the People to which we are entitled Ms. SCHWARTZ. Mr. Speaker, as we Mr. Robert Dana. His life and work are as Americans. And that for the support of mark President Obama’s first 100 days shining examples of Iowa’s long tradi- this Declaration, with a firm reliance on di- in office this week, the House will vote tion of excellence in literature. vine providence, we mutually pledge to each on the President’s budget which sets a For 40 years, Mr. Dana taught at Cor- other our lives, our fortunes, and our sacred new vision of hope and responsibility nell College where I was honored to honor. for America. teach and now represent as part of f As vice chair of the Budget Com- Iowa’s Second District. While there, he RECESS mittee, I know that this budget is fis- had a tremendous impact on students, cally responsible and it sets forth a The SPEAKER pro tempore. Pursu- developing young writers’ minds and path to meet our Nation’s greatest pushing them to new heights. ant to clause 12(a) of rule I, the Chair challenges. With more than 47 million declares the House in recess until noon After leaving Cornell, he continued Americans uninsured, this budget in- to inspire Iowans serving two terms as today. cludes critical language ensuring that Accordingly (at 10 o’clock and 44 our State’s Poet Laureate. Mr. Dana Congress will act this year to expand has used his signature poems to give an minutes a.m.), the House stood in re- access to care and to reduce costs. cess until noon. everlasting voice to official Iowa Soaring health care costs are imped- events. With his poetry, R.P. has cap- f ing our economic competitiveness, tured the feeling Iowans have for their b 1200 straining the Federal budget and caus- towns and land. ing families all across this country to Thank you, R.P., my former col- AFTER RECESS make difficult choices about their league, for your contribution to Cor- The recess having expired, the House health and well-being. This budget sets nell College, to Iowa, and to American was called to order by the Speaker pro the context for this important work literature. tempore (Mr. BLUMENAUER) at noon. that Congress will do to find a uniquely f f American solution to health care ac- cess and costs, one that includes inno- EXPRESSING CONDOLENCES TO PRAYER vation and technology, incentives for NORTH CAROLINA SHOOTING The Chaplain, the Reverend Daniel P. an effective delivery system, a renewed VICTIMS Coughlin, offered the following prayer: commitment to prevention, and con- (Mr. COBLE asked and was given per- As Your people and as a Nation, we sumer protections in the private-public mission to address the House for 1 hear Your summons: ‘‘Sing a new song marketplace. minute and to revise and extend his re- to the Lord.’’ We cannot sustain the status quo, marks.) Our song, Lord, is the song of free- nor should we. Now is the time to fi- Mr. COBLE. Mr. Speaker, eight peo- dom. As our ransom, You have set us nally get health care to all Americans. ple died 1 month ago when a gunman free. As Your children, we chose to re- We should pass the budget resolution opened fire at the Pine Lake Health semble You in all our choices and deci- and begin the task ahead. and Rehabilitation Center in Carthage, sions. f North Carolina. On that dreadful day, Throughout our history, some others the staff and residents at Pine Lake have been shocked by the rhythm of A BUDGET OUR CHILDREN WILL Center responded very effectively and our song; others have been inspired to LIVE TO REGRET professionally. Equally professional find their own voice and enter the (Mr. KIRK asked and was given per- and effective were the law enforcement song. mission to address the House for 1 community and the citizens of But the song of true freedom is plant- minute and to revise and extend his re- Carthage and Moore County. ed within us by You, O Lord. Your spir- marks.) This cruel and unforgivable act im- it finds expression and touches others Mr. KIRK. Mr. Speaker, this Con- posed upon Pine Lake that day did not around the world because Your song of gress has voted for unprecedented debt, succeed in defeating the spirit of the

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4846 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Pine Lake facility, Carthage and lamic terrorists who want to kill us in FUNDING TO CDC FOR POSSIBLE Moore County. the name of religion rather than mak- FLU PANDEMIC Mr. Speaker, we extend our condo- ing a watch list and snooping around in (Ms. SPEIER asked and was given lences to the survivors of the eight the private lives of patriots who are permission to address the House for 1 whose lives were so brutally taken on just exercising their absolute right to minute.) that ill-fated day. disagree. Ms. SPEIER. Mr. Speaker, we are f And that’s just the way it is. still learning the details of the new in- HAWAII AND AMERICAN CLEAN f fluenza outbreak threatening our coun- ENERGY ACT A HUGE BET THAT IS WORTH try. I want to take a moment to praise MAKING our colleague, Chairman OBEY, who (Ms. HIRONO asked and was given tried to make sure that the Centers for permission to address the House for 1 (Mr. YARMUTH asked and was given Disease Control were prepared for a minute and to revise and extend her re- permission to address the House for 1 possible pandemic by providing funding marks.) minute.) in the stimulus package for flu vac- Ms. HIRONO. Mr. Speaker, this Con- Mr. YARMUTH. Mr. Speaker, this cines and preparation. gress is committed to energy self-suffi- week more than 100,000 people will Unfortunately, the politics of ‘‘no’’ ciency as a matter of national security. gather at Churchill Downs in my dis- trumped common sense when, in order Hawaii’s situation is especially acute trict for the 135th running of the Ken- to get three Republican votes, the Sen- as Hawaii is the most oil dependent tucky Derby. They will be placing big ate removed $462 million for the Cen- State in the country and has the high- bets. And this week, this Democratic ters for Disease Control and $900 mil- est fuel and electricity costs nation- Congress is going to be placing a big lion for pandemic flu preparations. wide. Thus, Hawaii is particularly bet, too. Mr. Speaker, the choices we make aware of the need to change the status We’re going to pass a budget resolu- here in Congress are more than just quo and focus on achieving a clean en- tion that makes a huge bet on America cable news sound bites. Our choices ergy economy. and the American people. By investing have consequences. Let me remind my Recently enacted legislation has in targeted ways and developing a colleagues that the 1918 flu epidemic given consumers and businesses in Ha- health care system that provides af- killed more people than all of World waii and across the country incentives fordable, quality health care for every War I. We must reconsider and revisit to invest in clean and renewable tech- American, by creating a new energy the funding issue for pandemic flu nologies, and more will be accom- system and a new energy direction in preparation. It could mean the dif- plished through the American Clean this country, and investing in higher ference between life and death. Energy and Security Act on which we education so that every American has f are working. the tools necessary to bring us into the Our actions result in real decisions 21st century, we will be making a huge NORTHERN ROCKIES ECOSYSTEM by real businesses. For example, be- bet that the American people can grow PROTECTION ACT cause we extended the solar tax cred- us out of the huge hole that we’re in (Mr. REHBERG asked and was given its, a solar panel company and a local now. permission to address the House for 1 business in Hawaii got together to in- I am proud that we’re willing to minute.) stall photovoltaic panels on the roof of make that bet, and I urge all of my col- Mr. REHBERG. Congress is moving the business, which now generates 95 leagues to join us in betting on the forward on the Northern Rockies Eco- percent of its electricity from these American people. system Protection Act. Montanans panels. f have a long and proud heritage as good Our work on the American Clean En- DON’T PLAY POLITICS WITH stewards of our land. Working to- ergy and Security Act will help States NATIONAL SECURITY gether, folks in Montana have found like Hawaii reach our energy goals. solutions that work for everyone— f (Mr. FLEMING asked and was given without top-down meddling from Wash- permission to address the House for 1 HOMELAND SECURITY PARANOIA ington, D.C. Unfortunately, this bill minute.) throws that consensus approach out (Mr. POE of Texas asked and was Mr. FLEMING. Mr. Speaker, it has the window. given permission to address the House been almost 8 years since the tragedy Take a look at the cosponsors. The for 1 minute.) of 9/11, and America has not experi- vast majority of them are from dis- Mr. POE of Texas. Mr. Speaker, ac- enced another catastrophic terrorist tricts east of the Mississippi, and 17 co- cording to a recently released secret attack on our home soil, not due to sponsors are from California; none memo by Homeland Security, America blind luck but due to hard work. Home- from the districts actually impacted by now faces new serious threats. I am not land Security during this period the legislation such as Idaho, Wyo- referring to al Qaeda, the Somali pi- thwarted attacks through enhanced in- ming, Eastern Oregon, Eastern Wash- rates, or radical Islamic terrorists. The terrogation of suspected terrorists. ington, and, of course, Montana. That memo states we are in danger from This is a fact. For this, we should is right. None. people who are concerned about our po- thank them, not mire them in millions Montanans don’t tell folks from New rous borders, gun owners, returning of legal fees. York or San Francisco how high to military veterans, the recent tax But in recent days, more sympathy build their skyscrapers or how many protestors at the TEA parties, and has been shown to current and poten- lanes their freeways need. We let you those who want to protect the unborn. tial attackers than to the men and deal with your problems, and we re- Mr. Speaker, these Americans simply women hired to prevent their deadly spectfully ask that when it comes to disagree with the administration on acts from coming to fruition. Memos the Northern Rockies, you take into certain issues. But by disagreeing, they detailing American interrogation consideration the opinions of those of are now labeled and vilified by Home- methods were selectively released by us who live there. land Security as extremists and the administration for political rea- f threats to America. So because of sons, when other memos showing their Homeland Security paranoia, is the life-saving results have not. NORTH KOREA FREEDOM WEEK cloak and dagger agency going to Most Americans believe releasing (Ms. LORETTA SANCHEZ of Cali- watch these people and spy on them this important information has endan- fornia asked and was given permission under the guise of national security? gered many innocent Americans in the to address the House for 1 minute and We shall see. future and subjects us to future ter- to revise and extend her remarks.) This is a dangerous policy and attack rorist attacks. Shouldn’t we remember Ms. LORETTA SANCHEZ of Cali- on individual liberty and a denial of it was the self-paralysis of our intel- fornia. Mr. Speaker, I rise today to free speech. Homeland Security should ligence systems that led to 9/11 in the honor and raise awareness of the 2009 do their real job like finding radical Is- first place? Why should we go back? North Korean Freedom Week.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4847 Currently, approximately 13 million is amazing that opponents of com- The Credit Cardholders’ Bill of people in North Korea suffer from mal- prehensive health care reform still Rights will protect everyone. It ends nutrition, and over 2 million North Ko- make the argument that Americans unfair penalties for cardholders who reans have died of starvation since don’t want it, but they do, and it is pay on time, and it protects vulnerable 1995. In addition, over 200,000 men, time to debunk it. According to an consumers from high fees due to women, and children are imprisoned in April 2009 Kaiser Family Foundation subprime credit cards. In short, it pre- political prison camps in North Korea. Health Tracking Poll, just from this vents these companies from constantly North Korea is controlled by a dic- month, 59 percent of Americans say moving the goalposts and taking ad- tatorial regime where human rights that it is more important now than vantage of ordinary people who have and personal freedoms are nonexistent. ever to pass health care reform, 59 per- done nothing wrong. The region suffers from an extremely cent. And it is easy to understand why. Let’s pass the Credit Cardholders’ weak economy and is dependent on the Because of costs, 42 percent of Ameri- Bill of Rights and build a better Nation international community even for its cans reported that they didn’t see a for everyone. food. Unfortunately, about 30 percent doctor in the past year; 36 percent f of all the international aid that is pro- skipped dental care; 27 percent skipped ENERGY vided to North Korea goes to the coun- a recommended medical test or treat- try’s military and its elite, and very ment; and 18 percent of Americans re- (Mr. ELLISON asked and was given little of that ever gets to the real peo- ported that they cut their pills in half permission to address the House for 1 ple of North Korea. because they couldn’t afford it. minute.) Under the current regime, universal This isn’t time for small ideas. This Mr. ELLISON. Mr. Speaker, I rise human rights do not apply to the peo- isn’t time to just protect the status today in support of a progressive vision ple of North Korea, and freedom re- quo. Americans demand comprehensive for America’s energy future and the op- mains a foreign idea for the men and health care reform, and it is time that portunity to create millions of Amer- the women of this repressive country. this Congress gives it to them this ican jobs for our working families. I call on my colleagues in Congress year. President Obama and this Congress and the Obama administration to take f are taking on our Nation’s energy cri- action to improve the deteriorating BORDER VIOLENCE sis with a plan to create green jobs and human rights crisis in North Korea. build a clean energy economy; a plan (Mrs. KIRKPATRICK of Arizona that creates 300,000 new jobs by imple- f asked and was given permission to ad- menting a Renewable Electricity b 1215 dress the House for 1 minute.) Standard, and another 222,000 new jobs Mrs. KIRKPATRICK of Arizona. Mr. with its high efficiency savings provi- ENERGY Speaker, just across the border, heav- sions. (Ms. MARKEY of Colorado asked and ily armed militias fueled by drug traf- Mr. Speaker, we have a choice to ficking cartels are at war with the was given permission to address the make in this Congress; we can choose Mexican Government. Although the House for 1 minute and to revise and to create millions of new American worst of the violence has been con- extend her remarks.) jobs that cannot be shipped overseas, tained south of the border, its impact Ms. MARKEY of Colorado. Mr. reduce our dependence on oil from Speaker, I rise today because we are at is being felt throughout the region. These trafficking organizations are overseas, increase production of clean- a crossroads in the way we power er renewable energy sources, crack America. Breaking our dependence on powerful, but we are fighting back. Re- cently, the Flagstaff Police Depart- down on polluters who damage our air foreign oil will not only create new do- and our water quality, and give Amer- mestic jobs, but it will ensure our eco- ment busted a major drug ring that supplied a quarter of the methamphet- ican entrepreneurs and innovators the nomic recovery is sustained for future tools they need to stay combative in generations. amine in the area. I congratulate the Flagstaff Police Department on their the global economy, or we can do some- The American Solar Energy Society thing else. recently released a report that stated successful bust, which helps keep drugs out of our community and is a blow America can become a world leader in 2007, the renewable energy and en- against drug trafficking organizations in the new clean energy economy, or ergy-efficiency sectors created 9 mil- on both sides of the border. we can continue the failed policies of lion jobs in the United States and over the last 8 years. f $1 trillion in revenues. In my home f State of Colorado alone, the energy-ef- CREDIT CARDHOLDERS’ BILL OF ficiency field added 81,000 jobs in 2007, RIGHTS MAKING IN ORDER CONSIDER- ATION OF H.R. 627, CREDIT CARD- and we all know it is cheaper to use (Mr. KAGEN asked and was given less energy than to make it. HOLDERS’ BILL OF RIGHTS ACT permission to address the House for 1 OF 2009 Innovation and entrepreneurship minute.) have always been the backbone of the Mr. KAGEN. Mr. Speaker, in these Mr. ARCURI. Mr. Speaker, I ask American spirit. As I travel to the difficult economic times, we, as lead- unanimous consent that it be in order eastern plains of Colorado, the land- ers, must ask ourselves the question, on Wednesday, April 29, at any time for owners often tell me they are ready to whose side are we on? Are we on the the Speaker, as though pursuant to install wind turbines on their property side of people—the consumers, the tax- clause 2(b) of rule XVIII, to declare the as an economic development tool. How- payers, and hardworking families House resolved into the Committee of ever, we must update our fragmented across the Nation? Well, I certainly the Whole House on the State of the transmission system to transmit these am. Union for consideration of H.R. 627, and vast resources. Today, I rise in favor of the Credit that consideration of the bill proceed By becoming a leader in renewable Cardholders’ Bill of Rights. For too according to the following order: The energy and energy-efficiency tech- long, hardworking Americans have first reading of the bill is dispensed nologies, we can invest in our future been victimized by high fees, high in- with; all points of order against consid- and put Americans back to work. terest rates, and confusing credit card eration of the bill are waived except f agreements that these companies can those arising under clause 9 or 10 of change at will. rule XXI; general debate shall be con- MYTH: AMERICANS DON’T WANT The Credit Cardholders’ Bill of fined to the bill and shall not exceed 1 BROAD HEALTH REFORM Rights protects everyone from the un- hour equally divided and controlled by (Mr. MURPHY of Connecticut asked fair and often abusive practices that the Chair and ranking member of the and was given permission to address credit card companies put on every- Committee on Financial Services; after the House for 1 minute.) body. It prevents credit card companies general debate, the Committee of the Mr. MURPHY of Connecticut. Mr. from unfairly increasing interest rates Whole shall rise without motion; and, Speaker, another health care myth. It on existing balances. no further consideration of H.R. 627

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4848 CONGRESSIONAL RECORD — HOUSE April 28, 2009 shall be in order except pursuant to a wounded and quickly transported them to immigrants and refugees with coun- subsequent order of the House. hospitals; seling, resettlement, citizenship, fam- The SPEAKER pro tempore. Is there Whereas the Federal Bureau of Investiga- ily reunification, language skills, and objection to the request of the gen- tion, the Bureau of Alcohol, Tobacco, Fire- other critical services, playing a vital arms and Explosives, United States Immi- tleman from New York? gration and Customs Enforcement, and oth- role in the effort to secure the dreams There was no objection. ers provided swift and invaluable coopera- of immigrants seeking U.S. citizenship. f tion and resources to assist local efforts and We want them to know that they have provide additional services to help the com- our prayers and our heartfelt sym- ANNOUNCEMENT BY THE SPEAKER munity cope with this tragedy; pathies during this difficult time. PRO TEMPORE Whereas the United States State Depart- I would also like to commend the The SPEAKER pro tempore. Pursu- ment quickly offered, and is now providing, City of Binghamton Police Depart- assistance with processing visas to expedite ment, the Broome County Sheriff’s De- ant to clause 8 of rule XX, the Chair the travel of victims’ family; and will postpone further proceedings partment and the New York State Po- Whereas, although the effects of this lice for their swift response to this at- today on motions to suspend the rules shooting will be felt for years to come, the on which a recorded vote or the yeas Binghamton community will overcome this tack. In addition, we thank the FBI, and nays are ordered, or on which the tragedy and re-emerge stronger than before the Bureau of Alcohol, Tobacco, Fire- vote incurs objection under clause 6 of and with renewed sense of unity, coopera- arms and Explosives, the U.S. Immi- rule XX. tion, and understanding: Now, therefore, be gration and Customs Enforcement Of- it fice, and other Federal agencies for Record votes on postponed questions Resolved, That the House of Representa- will be taken later. their assistance. tives— We were all deeply saddened to hear f (1) expresses its heartfelt condolences to of this attack, and it is difficult for us the families and friends of the victims of the to comprehend such an act of violence. EXPRESSING SYMPATHY FOR April 3, 2009, shooting in Binghamton, New SHOOTING VICTIMS IN BING- York; We will feel its effect for years, but we HAMTON, NEW YORK (2) conveys its gratitude to the city, coun- can be sure that in time Binghamton ty, State, and Federal officials and agencies will heal, emerging from this tragedy Mr. LYNCH. Mr. Speaker, I move to whose quick and comprehensive response stronger and more united than ever be- suspend the rules and agree to the reso- helped save lives and start the long healing fore. lution (H. Res. 340), expressing sym- process; and Mr. Speaker, I reserve the balance of pathy to the victims, families, and (3) honors the American Civic Association my time. friends of the tragic act of violence at for the services it provides to assist people Mr. WESTMORELAND. Mr. Speaker, the American Civic Association in from across the world who seek the Amer- I yield myself such time as I may con- Binghamton, New York. ican dream. sume. The Clerk read the title of the resolu- The SPEAKER pro tempore. Pursu- Mr. Speaker, I rise today to urge the tion. ant to the rule, the gentleman from passage of this resolution expressing The text of the resolution is as fol- Massachusetts (Mr. LYNCH) and the sympathy to the victims, families, and lows: gentleman from Georgia (Mr. WEST- friends of the tragic act of violence at H. RES. 340 MORELAND) each will control 20 min- the American Civic Association in Whereas on Friday April 3, 2009, the Nation utes. Binghamton, New York. experienced an appalling misfortune when a The Chair recognizes the gentleman For immigrants in the Binghamton gunman entered the American Civic Associa- from Massachusetts. area, the American Civic Association, tion in Binghamton, New York, and mur- GENERAL LEAVE located on Front Street, is a represen- dered 13 and wounded 4 innocent people; Mr. LYNCH. Mr. Speaker, I ask unan- tation of their ongoing pursuit of the Whereas the shooting resulted in the tragic imous consent that all Members may American dream as newcomers from loss of Lan Ho, Parveen Nln Ali, Li Guo, Do- have 5 legislative days within which to around the world learn English and the lores Yigal, Hong Xiu Mao, Marc Henry Ber- revise and extend their remarks. skills necessary to obtain United nard, Maria Sonia Bernard, Maria Zobniw, The SPEAKER pro tempore. Is there States citizenship. But on April 3, the Jiang Ling, Hai Hong Zhong, Roberta King, Layla Khalil, and Almir O. Alves; objection to the request of the gen- American Civic Association—a wel- Whereas the attacker wounded Long tleman from Massachusetts? coming place serving 60 to 100 people Huyng, Shirley DeLucia, Sumi Lee, and There was no objection. per day—became a killing zone. On Liqiao Chen; Mr. LYNCH. Mr. Speaker, I now yield that dreadful day, a deranged man, Whereas this act of violence created nu- myself such time as I may consume. whose own dream of immigrating from merous secondary victims, including over 40 Mr. Speaker, with House Resolution Vietnam to America had now come to people who were in the building at the time, 340, this Chamber expresses its pro- nothing but despair and senseless tur- as well as friends and family of the deceased found sympathy to the victims of the moil, ended the dreams of one aspiring who are struggling to cope with the impact tragic attack at the American Civic citizen after another by opening fire on of this tragic act; Association in Binghamton, New York, Whereas many of the victims of this as- unsuspecting employees, volunteers, sault were residents of Binghamton, New on April 3. Our thoughts continue to be and hopeful immigrants, resulting in York, in Broome County, New York, a close- with the families, friends, and the peo- the loss of 14 lives, including the shoot- knit, diverse community with a long history ple of Binghamton, and they remain in er, and four wounded people. of welcoming people from all backgrounds, our prayers. Thirteen men and women As we remember the victims, we also nationalities, and religions, as well as immi- were murdered in this attack and four commend the efforts of the first re- grants and visitors from abroad; were wounded, shaking the community sponders—local police, fire, emergency Whereas the American Civic Association in and the entire Nation. medical crews, city and county offi- Binghamton, New York, has proudly served House Resolution 340 was introduced cials, and the community as a whole— the community since 1935, assisting immi- by our friend and colleague, Represent- grants and refugees with counseling, reset- for their rapid and cohesive response to tlement, citizenship, family reunification, ative HINCHEY of New York, and is co- this unfortunate tragedy. In addition, language skills, and other critical services sponsored by over 50 Members of Con- we commend the United States Depart- that have played a vital role in the effort to gress. ment of State for quickly offering as- secure the dreams of immigrants seeking Given the tragic events on which sistance with processing visas to expe- legal citizenship; House Resolution 340 is based, the dite the travel of the victims’ families Whereas the law enforcement agencies led Committee on Oversight and Govern- so they could arrange for the burial of by the City of Binghamton Police Depart- ment Reform moved quickly to con- their loved ones. ment, with support from the Broome County sider a report on the bill, which brings The memory of this senseless event Sheriff’s Department, the New York State will not soon be forgotten. However, Police, and neighboring municipalities re- us to today’s consideration of the reso- sponded quickly, professionally, and hero- lution. the strength and determination of the ically to the crime scene; Mr. Speaker, we thank the American Binghamton community as well as the Whereas swift action by emergency med- Civic Association for its continued citizens of New York will help the heal- ical responders addressed the needs of the service over the years as it has helped ing process.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4849 Mr. Speaker, I reserve the balance of ficult work of helping his community Binghamton, New York, is a close- my time. in Binghamton heal from these knit, diverse community with a long Mr. LYNCH. Mr. Speaker, at this wounds. history of welcoming people from all time, I yield 2 minutes to the gen- And I just want to say there are occa- backgrounds, all nationalities and reli- tleman from New York (Mr. ARCURI). sions that are forced upon us gions, as well as immigrants and visi- Mr. ARCURI. I thank my good friend unwillingly that really show, I think, tors from anywhere abroad. It’s a place for yielding. in a greater depth and a more meaning- where those looking for a better life Over the past several weeks, many of ful extent the true content of our char- are welcomed with open arms and you have seen the images and read the acter, and seeing the way the commu- where being a part of a community news about the tragic shooting in Bing- nity in Binghamton came together in means being part of a family. hamton, New York, on April 3, 2009. this tragedy to comfort those who were The American Civic Association per- Thirteen innocent people lost their victimized and to bring some peace to forms no small role in this process. lives at the American Civic Associa- those families, the way the law en- This organization, the American Civic tion building due to senseless violence. forcement community and the nurses Association, has proudly served the While I don’t represent the City of and docs in taking care of those fami- community since 1935. It offers immi- Binghamton, I represent the suburbs in lies came together, and seeing how Mr. grants and refugees critical services the area around Binghamton and know HINCHEY sprang to action and ad- such as counseling, language edu- many people that work and live in the dressed the tragedy himself was a shin- cation, and family reunification in Binghamton area. I want to take this ing example, I think, of the strength of order to help people realize their own time to again offer my deepest condo- the United States and of our core com- American dreams. Their noble work is lences to the families and friends of munities. And I just think that if there lauded in the community and sup- those who lost their lives on that day is any silver lining that one can gain ported by people from all political par- and offer my sincerest gratitude to the from this tragedy, it is just that: The ties and all backgrounds. local officials and first responders on way this community has responded to The 13 individuals who lost their the ground whose immediate action a senseless, senseless tragedy and the lives that day ranged from the age of 22 then prevented further loss of life. And way they have provided comfort to peo- to 72 and included a mother of three, a their continued leadership now has al- ple in their own communities is truly newly-wedded bride, a student, a teach- lowed for the Binghamton community admirable. er, and many others, all of whom were to start the healing process. I think, as Members of Congress here hardworking individuals who had the I want to especially mention the on both sides of the aisle have ac- same goal of being able to offer a bet- Broome County Executive, Barbara knowledged here, the way that MAU- ter life for their children, their fami- Fiala; Binghamton Mayor, Matt Ryan; RICE HINCHEY had weighed into the lies. I would like to take a moment to Binghamton Police Chief, Joe Zikuski; process was truly, I think, exemplary pay respect to those 13 victims: and Broome County Emergency Serv- for all of us, unwanted admittedly but Parveen Ali, Almir Alves, Maria ices Director, Brett Chelis, who led the certainly extremely admirable under Sonia Bernard, Marc Henry Bernard, Li team of hundreds of first responders the circumstances. And we will pay Guo, Lan Ho, Layla Khalil, Roberta consisting of police, fire, rescue and special attention to this tragedy going King, Jiang Ling, Hong Xiu Mao, Dolo- medical staff. To the staff at the local forward. res Yigal, Hai Hong Zhong, Maria K. hospitals that cared for the victims of At this point, Mr. Speaker, I would Zobniw. this tragedy and worked tirelessly to like to yield 5 minutes to the gen- Shirley DeLucia was among the four save lives, I sincerely say thank you. tleman from New York (Mr. HINCHEY), who were wounded. She showed her I want to say how thankful I am—and the lead sponsor of this resolution. bravery that day by placing the 911 call I know that so many in the Bing- Mr. HINCHEY. Mr. Speaker, I very after being shot in the abdomen. hamton community are—to my col- much appreciate the opportunity to I would like to thank those who league, Congressman MAURICE HIN- speak about this important issue, and I showed swift and decisive action that CHEY. Congressman HINCHEY answered very much appreciate everything that morning. First and most importantly, I the call at the first sign of trouble and has been said here by Members focus- would also like to offer my utmost was in his district working with his ing attention on this critical issue. gratitude to the law enforcement agen- people to make sure all that could be I rise today as a representative of the cies who responded so quickly and pro- done was being done throughout the 22nd Congressional District in the fessionally to this major event. The crisis. State of New York, which includes that City of Binghamton Police, led by I again give my continued full sup- wonderful, magnificent City of Bing- Chief Joseph Zikuski, worked in con- port to all those involved, and ask that hamton. junction with the Broome County we learn from such a tragedy and do all Now, less than 4 weeks ago, this Sheriff’s Department, the New York that we can to ensure that an incident proud community suffered a dev- State Police, and other neighboring like that never happens again. astating tragedy. On the morning of municipalities to heroically address Friday, April 3, 2009, a single gunman the critical needs of the city and the b 1230 entered the offices of the American people. Mr. WESTMORELAND. Mr. Speaker, Civic Association and there murdered I would also like to make mention of I have no further requests for time, and 13 innocent people and seriously the help afforded us by our Federal I yield back the balance of my time. wounded four more. I am here today on agencies, notably the Department of Mr. LYNCH. Mr. Speaker, I want to behalf of Congress to offer our formal Justice for its swift action during the say in closing for myself that this is an condolences, to honor the victims of immediate situation and to the State experience that no Member of Congress this tragedy, and to express gratitude Department and the Bureau of Customs wishes to face. However, at the same to the heroes who responded. and Immigration for their assistance time, I must confess admiration not With this resolution, we remember during the difficult aftermath. I would only for the law enforcement authori- those who were lost that day, offer our like to thank Binghamton Mayor, Mat- ties and the medical staff and families condolences to their families, express thew Ryan, and Governor Paterson for who have been affected in this case but our hopes that those wounded and their efforts in organizing local and also, and I think especially from our touched by this tragedy are on the path State resources in a very effective and standpoint here in the House, the way to recovery, and thank all those who efficient way. I would also like to in which Representative MAURICE HIN- responded. I want to thank Chairman thank the White House for its direct CHEY, faced with this disaster, this ter- TOWNS and Ranking Member ISSA for response and particularly Vice Presi- rible tragedy in his district, flew back their support in allowing this resolu- dent BIDEN for reaching out and help- to his district, rolled up his sleeves, tion to come to the floor. I also want ing to coordinate agencies on the Fed- opened his heart to the people that he to express my appreciation to our eral level. cares about and represents here in Con- Speaker and to our majority leader Many lives were lost that day, but gress every day, and began the very dif- who assisted us with this resolution. many more could have been lost were

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4850 CONGRESSIONAL RECORD — HOUSE April 28, 2009 it not for the brave and effective ac- The Clerk read the title of the resolu- On March 10, 2009, the people of Gene- tions of our men and women in uni- tion. va and Coffee Counties in southeast form. They deserve our highest level of The text of the resolution is as fol- Alabama suffered senseless shootings respect and gratitude. lows: that resulted in the loss of 10 lives and While we must continue with our H. RES. 341 a number of injuries. On that tragic daily lives, let us not forget those who Whereas the communities of Geneva and day, the reckless killings began at the have had their lives permanently al- Coffee Counties in Alabama have endured a shooter’s, Michael McLendon, resi- tered by this event, and let us also use tragic event in southeast Alabama that re- dence in Kinston, Alabama, where he this tragedy as a daily reminder of how sulted in the loss of 10 lives and injuries to killed his own mother and in addition fragile life is and how to make the several others; set the house on fire. The shooter then most of the time that we have. Whereas, on March 10, 2009, a man fired at drove a dozen miles southeast to Sam- Mr. LYNCH. Mr. Speaker, I simply members of his family and other innocent bystanders throughout several towns in Ge- son in Geneva County, where he urge our colleagues to join Mr. HIN- neva and Coffee Counties in Alabama; gunned down six more victims, includ- CHEY in supporting this resolution. Whereas the result of this shooting spree ing four members of his own family. Mrs. MALONEY. Mr. Speaker, I rise today in resulted in the deaths of Bruce Maloy, Lisa The victims of this senseless act in- strong support of H. Res. 340, a resolution McLendon, Andrea Myers, Corrine Gracy cluded James Alford White; Tracy that expresses sympathy to the victims, fami- Myers, Sonya Smith, James Starling, James Michelle Wise; Dean James Wise; and lies and friends of the tragic act of violence at White, Virginia White, Dean Wise, and Tracy 74-year-old Virginia E. White, the the American Civic Association in Binghamton, Wise; shooter’s own grandmother. Also killed Whereas State Trooper Mike Gillis, Greg NY. were the wife and daughter of local My heart goes out not only to the victims McCullough, Ella Meyers, and Jeffrey Nel- sheriff’s deputy Joshua Myers, Andrea and families of this senseless tragedy but to son, were wounded as a result of the shoot- Myers and Corinne Myers, who was the entire city of Binghamton, New York. I am ings; Whereas the first responders, State Troop- only 18 months old. deeply saddened by the violence that has af- ers of the Dothan Troopers Post, officers of The shooter continued on his ram- flicted that community and that together, the the Geneva Police Department, officers of page, killing three more people. These citizens can regain a sense of safety and the Geneva County Sheriff’s Department, random and innocent victims were hope. I would also like to thank and commend and an officer of the Conservation and Nat- James Irvin Starling, Sonja Smith, and the first responders and all of law enforcement ural Resources department pursued and Bruce Wilson Malloy. who responded to the crime scene and who eventually found the gunman deceased; and The rampage ended another 12 miles continue to help the community cope with this Whereas the grieving and celebration of farther east in Geneva at the metals tragedy. Binghamton, New York has a long the lives of those lost in this senseless trag- plant where, with a valiant attempt to history of welcoming people from all back- edy will be with the communities of Geneva and Coffee Counties for months and years to end the rampage, the State troopers of grounds, nationalities, and religions, as well as come: Now, therefore, be it the Dothan Post, the police depart- immigrants and visitors from abroad and the Resolved, That the House of Representa- ment, and county sheriff’s department American Civic Association in Binghamton has tives— and an officer of the Conservation and been at the heart of these efforts. For over 80 (1) expresses its heartfelt sympathy for the Natural Resources Department were years, the American Civic Association has victims and families of the shootings in Ge- among the first to respond and help re- served its community assisting immigrants and neva and Coffee Counties in Alabama on solve the situation. After a gun battle refugees with counseling, resettlement, citizen- March 10, 2009; and with police, Mr. McLendon took his ship, family reunification, language skills, and (2) conveys its gratitude to the city and county officials, and all the police, fire, sher- own life. other critical services that have played a vital iff, and emergency medical teams who re- The memory, the pain, and the grief role in the effort to pursue the dreams of immi- sponded swiftly to the scene and helped pre- of this reckless killing spree will re- grants seeking legal citizenship. vent further violence. main with the victims in the commu- Many of those who sought a haven in the The SPEAKER pro tempore. Pursu- Association had escaped the violence of war nities of Geneva and Coffee, Alabama. ant to the rule, the gentleman from Mr. Speaker, with this bill we have and tyranny in their home countries to create Massachusetts (Mr. LYNCH) and the the opportunity to acknowledge the a better life in the United States. It is a sad gentleman from Georgia (Mr. WEST- lives lost and the courage and resolve irony that instead, they found tragedy. MORELAND) each will control 20 min- In the midst of tragedy, I respectfully remind of the many law enforcement officials utes. my colleagues that we will continue to be vigi- and community members that helped The Chair recognizes the gentleman lant against these cowardly acts of violence end the situation. I would like to from Massachusetts. and that our condolences are with the victims thank the gentleman from Alabama for and their friends and families. I urge my col- GENERAL LEAVE introducing and ushering through this leagues to support this resolution. Mr. LYNCH. Mr. Speaker, I ask unan- House such a thoughtful and consid- Mr. LYNCH. Mr. Speaker, I yield imous consent that all Members may erate measure which can only express back the balance of my time. have 5 legislative days in which to re- the heartfelt sympathy we all feel on The SPEAKER pro tempore. The vise and extend their remarks. behalf of those Americans that were question is on the motion offered by The SPEAKER pro tempore. Is there impacted by this tragic event. the gentleman from Massachusetts objection to the request of the gen- In closing, Mr. Speaker, I urge my (Mr. LYNCH) that the House suspend tleman from Massachusetts? fellow colleagues to support the adop- the rules and agree to the resolution, There was no objection. tion of House Resolution 341. H. Res. 340. Mr. LYNCH. Mr. Speaker, I yield my- Mr. Speaker, I reserve the balance of The question was taken; and (two- self such time as I may consume. my time. thirds being in the affirmative) the As a member of the House Committee Mr. WESTMORELAND. Mr. Speaker, rules were suspended and the resolu- on Oversight and Government Reform, I yield myself such time as I may con- tion was agreed to. I solemnly join my colleagues in the sume. A motion to reconsider was laid on consideration of House Resolution 341, Mr. Speaker, I rise today to urge the the table. which expresses our heartfelt sym- passage of this resolution recognizing f pathy for the victims and families of the tragedy that befell the commu- the shootings in Geneva and Coffee nities of Geneva and Coffee Counties, EXPRESSING SYMPATHY FOR Counties of Alabama on March 10, 2009. Alabama. ALABAMA SHOOTING VICTIMS House Resolution 341 was introduced Mr. Speaker, this resolution seeks to Mr. LYNCH. Mr. Speaker, I move to by our colleague Congressman BOBBY take a moment to reflect on the impact suspend the rules and agree to the reso- BRIGHT of Alabama on April 21, 2009, one man’s senseless acts of violence lution (H. Res. 341) expressing heartfelt and was considered by and reported can have on a community, a State, and sympathy for the victims and families from the Oversight Committee on April a Nation. of the shootings in Geneva and Coffee 23, 2009, by voice vote. This measure On the afternoon of March 10, 2009, Counties in Alabama, on March 10, has the support and cosponsorship of 58 the worst killing rampage in Ala- 2009. Members of Congress. bama’s history began as a disturbed

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4851 man started his shooting spree in Sam- come together and get through this cri- Mr. LYNCH. Mr. Speaker, at this son, Alabama. He indiscriminately sis. I truly believe Americans will re- point I would like to yield 3 minutes to fired at passersby and finally took his member the Wiregrass as a place that the gentleman from Alabama (Mr. own life 12 miles away at a manufac- will do whatever it takes to help its DAVIS). turing plant in Geneva, Alabama, fellow citizens. One of our greatest Mr. DAVIS of Alabama. Mr. Speaker, where he was once employed. strengths as a country is our ability to let me thank my friend of 10 years, the b 1245 collectively respond to tragedy and gentleman from Alabama, BOBBY help our fellow men and women in Once the terror ended, the gunman BRIGHT, for introducing this resolution their times of need. The response to and giving the House a chance to vote had left a trail of death and destruc- the events of March 10 certainly epito- tion across two counties. Tragically, on it and pass it today, and let me pick mized the strengths of the American the lives of Bruce Maloy, Lisa out just two things to say about this spirit. unspeakable tragedy, if I can. McLendon, Andrea Myers, Corrine After the dust settled, it became One of the mysteries of human exist- Gracy Myers, Sonya Smith, James clear that the incident could have been ence is that evil can exist in a divinely Starling, James White, Virginia White, much worse without quick and decisive Dean Wise and Tracy Wise were taken. inspired world. The people who live in action by our local law enforcement. Along with the devastating news of the south Alabama are some of the most Much has been said about the actions 10 deaths, many others were injured, humble, God-fearing, patriotic people of law enforcement during and after including four State troopers: Mike on the face of this Earth. Their God the shootings, and indeed we cannot Gillis, Greg McCullough, Ella Meyers and their faith is an animating prin- thank them enough. Without their he- and Jeffrey Nelson. ciple to them, and it is enormously dif- roic efforts, the number of casualties It is appropriate that we take this ficult to contemplate how such good could have been much worse. It was a opportunity to express our support and people could have been visited by such reminder of how much we appreciate sympathy for the families and friends remarkable afternoon horror. those who are on the front lines pro- of the murder victims of this horrible I am comforted, as I know the people act. In addition, we must take a mo- tecting and defending us every day. We owe a debt of gratitude to our law en- in that community were comforted, by ment to thank the first responders on all of the expressions of support from that day, the Dothan Troopers Post, forcement officials for what they do to protect us each and every day. around the United States of America, the Geneva Police Department, the Ge- by all of the people who came to their neva County Sheriff’s Department, the Though it has been nearly 2 months since the tragedy occurred, the loss of aid, by all of the people who lent their Conservation Natural Resources De- good wishes. partment and the medical professionals so many in a small community still The second observation I would make that all played a role in quelling what weighs heavy on the minds of the peo- is there is one thing that stood out to could have been an even larger mas- ple in the Wiregrass area. To make me beyond the television images. We sacre. problems worse, Geneva and Coffee Mr. Speaker, I reserve the balance of Counties have experienced intense all saw the television images, which my time. flooding and violent tornadoes over the were sheer terror. But the next morn- Mr. LYNCH. Mr. Speaker, I yield 5 last several weeks, inflicting hundreds ing I made a phone call to one of the minutes to the chief sponsor of this of thousands of dollars of damage to an chiefs of the police in one of these resolution, the gentleman from Ala- already grieving community. small communities and I asked him if bama (Mr. BRIGHT). While the resolution on the floor he knew any of the people who had Mr. BRIGHT. Mr. Speaker, I thank today can offer little solace to the fam- been killed or injured. Without missing my colleague for yielding. ilies and friends of those who lost loved a beat, he said into the phone, ‘‘Mr. Mr. Speaker, I rise in support of ones, I wanted the people of Geneva Davis, I knew them all. I knew them House Resolution 341, which expresses and Coffee Counties to know that my all.’’ He went on to say, ‘‘We are a heartfelt sympathy for the victims and colleagues in Washington are thinking small town. We go to church together. families of Geneva and Coffee Counties about them and offering their sym- We play ball together. We meet at each in Alabama. pathy and continued support. other’s homes for holidays. We cele- On Tuesday, March 10, a lone gunman I hope this resolution offers some brate events together. We all know began a rampage in the Town of peace of mind to the families of those each other.’’ Kinston and continued into Samson killed: Bruce Maloy, Lisa McLendon, That is the other unique thing about and Geneva that would leave 11 dead Andrea Myers, Corrine Gracy Myers, this event, Mr. Speaker, that this and four injured in southeast Alabama. Sonya Smith, James Starling, James event ripped such a hole in the soul of Without question, it was the worst White, Virginia White, Dean Wise and a community of people who were knit tragedy Alabama has seen in recent Tracy Wise; and that it provides moral close together. That is the special trag- memory. support and encouragement to those edy. When I first arrived in Geneva Coun- injured and still recovering: State My final observation, I want to ty a day after the shootings, I saw a Trooper Mike Gillis, Greg McCollough, thank again BOBBY BRIGHT from the community still in shock. You never Ella Meyers and Jeffrey Nelson. Second District. When I called him the think something like this could happen And finally, we cannot forget the law morning after this event, his first in- to you until tragedy strikes in your enforcement and public officials who stinct was to think like the very good own backyard. Residents of the provided so much support to a commu- mayor that he was until he came here. Wiregrass were left questioning how nity in shock. Their actions are truly He said, ‘‘I am getting on a plane. I am one of their own could commit such a appreciated and heroic. going back home because I want to heinous and violent crime on his fam- Additionally, I would like to thank know if they need anything. I want to ily and neighbors. the Alabama congressional delegation, know if they need help.’’ A community can never fully prepare my colleagues, Representatives for events like these, but first respond- ADERHOLT, BACHUS, BONNER, DAVIS, That is how executives think, that is ers, local citizens and elected officials GRIFFITH and ROGERS, and the 50 other how this mayor thought, and the peo- responded to the incident with flying cosponsors of this resolution. The peo- ple of the Second District are very colors. Sympathy for the Wiregrass ple of southeast Alabama will forever privileged and fortunate to have that quickly spread, and an outpouring of appreciate your unwavering support kind of individual, whose first instinct aid and goodwill poured into Alabama and sympathy for my constituents in was ‘‘what can I do?’’, not just to lend from across the country. To my col- the Second Congressional District of support, but to be of assistance. leagues in the House and to people Alabama. So I extend my condolences to these watching across the country, we thank I urge passage of House Resolution individuals and to their families. May you for your support. 341. God bless the souls of the lost, and may I was impressed by the courage of the Mr. WESTMORELAND. I reserve the He mend the bodies of those who are people and the ability for everyone to balance of my time. left and wounded.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4852 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Mr. WESTMORELAND. Mr. Speaker, Introduced on March 18, 2009, by my Mr. WESTMORELAND. Mr. Speaker, if the gentleman has no further speak- colleague Representative CHRIS LEE of I yield myself such time as I may con- ers, I will yield back the balance of my New York and reported out of the Over- sume. time. sight and Government Reform Com- I rise today in support of H.R. 1595, to des- Mr. LYNCH. Mr. Speaker, I simply mittee on April 2, 2009, by unanimous ignate the facility of the United States Postal urge my colleagues to join with Con- consent, H.R. 1595 enjoys the support of Service located at 3245 Latta Road in Roch- gressman BRIGHT and Congressman the entire sitting New York House del- ester, New York as the ‘‘Brian K. Schramm DAVIS in support of this measure, and I egation. Post Office Building.’’ yield back the balance of my time. A lifelong resident of the town of Today we honor one of our nation’s fallen The SPEAKER pro tempore. The Greece in Rochester, New York, Lance heroes—Marine Lance Cpl. Brian K. question is on the motion offered by Corporal Brian K. Schramm bravely Schramm. the gentleman from Massachusetts served in support of Operation Iraqi He embodied every sense of the word hero (Mr. LYNCH) that the House suspend Freedom with the 2nd Assault Amphib- and paid the ultimate sacrifice on October 15, the rules and agree to the resolution, ian Battalion, 2nd Marine Division, 2nd 2004 at the age of 22. H. Res. 341. Marine Expeditionary Force out of Lance Cpl. Schramm of Rochester, New The question was taken; and (two- Camp Lejeune, North Carolina. On Oc- York, assigned to the 2nd Assault Amphibian thirds being in the affirmative) the tober 15, 2004, Lance Corporal Schramm Battalion, 2nd Marine Division, II Marine Expe- rules were suspended and the resolu- was killed in action at the age of 22 ditionary Force out of Camp Lejeune, North tion was agreed to. during an enemy shrapnel attack in Carolina, was killed by enemy action in Babil A motion to reconsider was laid on Bail Province, Iraq. Province, Iraq. Schramm had spent five the table. Upon his graduation from Greece months in the Middle East and Iraq in 2003 f Olympia High School in 2001, Lance and was deployed again to Iraq in June of Corporal Schramm chose to fulfill one 2004. BRIAN K. SCHRAMM POST OFFICE of his life’s dreams and join the United Babil Province was a hotspot south of Bagh- BUILDING States Marine Corps. He served his dad and the U.S. military had launched a Mr. LYNCH. Mr. Speaker, I move to first tour of duty in Iraq shortly fol- major offensive in October of 2004 to try to suspend the rules and pass the bill lowing the March 20, 2003, launch of Op- put down the insurgency. Lance Cpl. (H.R. 1595) to designate the facility of eration Iraqi Freedom, and he bravely Schramm was serving his second tour of duty the United States Postal Service lo- returned to the region in June of 2004 in Iraq at the time. cated at 3245 Latta Road in Rochester, for his second tour. Friends and family remember Lance Cpl. New York, as the ‘‘Brian K. Schramm As noted by his devoted father, Schramm for his enduring sense of humor and Post Office Building’’. Keith, Lance Corporal Schramm was a decency. A high school friend of his described The Clerk read the title of the bill. genuine American hero who clearly Schramm as ‘‘the most genuine person you’d The text of the bill is as follows: knew what he wanted to do in life and ever meet in your entire life.’’ H.R. 1595 he did it. Brian’s loving family mem- Lance Cpl. Schramm’s father, Keith, speaks Be it enacted by the Senate and House of Rep- bers also described the young soldier as of Brian’s desire to become a Marine early on resentatives of the United States of America in a strong leader and motivator who was in his childhood. ‘‘It was a lifelong dream’’ of Congress assembled, never down. He loved life and treated Brian’s to become a Marine. SECTION 1. BRIAN K. SCHRAMM POST OFFICE every day as an opportunity for adven- It is with this in mind that we honor Brian BUILDING. ture. today. With gratitude for his bravery and sac- (a) DESIGNATION.—The facility of the Lance Corporal Schramm’s friends United States Postal Service located at 3245 rifice to his country, I ask that all members join Latta Road in Rochester, New York, shall be and teachers at Greece Olympia High me in supporting H.R. 1595, which will rename known and designated as the ‘‘Brian K. School and the surrounding commu- the post office in Rochester, New York, in Schramm Post Office Building’’. nity similarly remember Brian for his Lance Cpl. Brian K. Schramm’s honor. (b) REFERENCES.—Any reference in a law, depth of decency, his contagious sense Mr. WESTMORELAND. Mr. Speaker, map, regulation, document, paper, or other of humor, and his refusal to quit any I yield such time as he may consume to record of the United States to the facility re- assignment or mission, regardless of my distinguished colleague from the ferred to in subsection (a) shall be deemed to the difficulties he faced or the chal- State of New York (Mr. LEE), the origi- be a reference to the ‘‘Brian K. Schramm lenges that he met. nal sponsor of this legislation. Post Office Building’’. Lance Corporal Schramm’s genuine 1300 The SPEAKER pro tempore. Pursu- devotion to community service will b ant to the rule, the gentleman from also never be forgotten. In addition to Mr. LEE of New York. I thank the Massachusetts (Mr. LYNCH) and the his courageous military service, Brian gentleman for yielding, and I wanted to gentleman from Georgia (Mr. WEST- frequently returned to his alma mater thank the chairman and the ranking MORELAND) each will control 20 min- to discuss the war in Iraq, and was hop- member for helping to bring this legis- utes. ing to eventually become a police offi- lation to the floor. I also want to The Chair recognizes the gentleman cer. thank the members of our New York from Massachusetts. It is in light of Brian’s character and delegation for cosponsoring this meas- GENERAL LEAVE devotion to public service that Greece ure. Mr. LYNCH. Mr. Speaker, I ask unan- Olympia High School has already es- Last month, I visited with Army Na- imous consent that all Members may tablished the Brian Schramm Scholar- tional Guardsmen based out of Western have 5 legislative days within which to ship, awarded annually to a college- New York who spent part of 2007 and revise and extend their remarks. bound senior who demonstrates the ex- most of 2008 serving in Afghanistan. The SPEAKER pro tempore. Is there traordinary qualities exhibited by These are soldiers who put their lives objection to the request of the gen- Brian Schramm. And it is my hope on hold for more than a year to help tleman from Massachusetts? that we can further honor this fallen train the Afghan national army and po- There was no objection. hero through the passage of this legis- lice. They take great pride in the work Mr. LYNCH. Mr. Speaker, I yield my- lation, to dedicate the Latta Road post that they do over there, but what they self such time as I may consume. office building in his name. are most proud of is the fact that ev- Mr. Speaker, as Chairman of the Mr. Speaker, Lance Corporal Brian eryone came home safe and sound. Of House subcommittee with jurisdiction Schramm’s life stands as a testament course, not all units are fortunate. over the United States Postal Service, to the bravery and dedication of our A great hero by the name of Brian I am pleased to present H.R. 1595 for heroic men and women who have Schramm, who grew up in Monroe consideration. This legislation will des- served our Nation at home and abroad, County, a native of the town of Greece, ignate the United States postal facility and I urge my colleagues to join us in heard the call to serve early on in his located at 3245 Latta Road in Roch- supporting H.R. 1595. life. He signed up not long after grad- ester, New York, as the Brian K. Mr. Speaker, I reserve the balance of uating high school and went on to be- Schramm Post Office Building. my time. come a tremendous Marine.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4853 On October 15, 2004, Lance Corporal Mr. LYNCH. Mr. Speaker, I object to The Chair recognizes the gentleman Schramm was on his second tour of the vote on the ground that a quorum from Massachusetts. Iraq when he became the first resident is not present and make the point of GENERAL LEAVE of the 26th Congressional District to be order that a quorum is not present. Mr. LYNCH. Mr. Speaker, I ask unan- killed in action in Iraq. He was 22. The SPEAKER pro tempore. Pursu- imous consent that all Members may Brian made the ultimate sacrifice to ant to clause 8 of rule XX and the have 5 legislative days within which to protect the values that sustain this Chair’s prior announcement, further revise and extend their remarks. country, family, community, hard proceedings on this motion will be The SPEAKER pro tempore. Is there work and freedom. That is why I intro- postponed. objection to the request of the gen- duced this proposal to rename the post The point of no quorum is considered tleman from Massachusetts? office in his honor just a few miles withdrawn. There was no objection. down the road from where Brian had f Mr. LYNCH. Mr. Speaker, I now yield myself such time as I may consume. grown up. EXPRESSING SUPPORT FOR This is one way to pay tribute not Mr. Speaker, on behalf of the House VIETNAMESE REFUGEES DAY only to Brian’s sacrifices, but those of Committee on Oversight and Govern- his loved ones as well, his parents, Mr. LYNCH. Mr. Speaker, I move to ment Reform, I stand to join my col- Keith and Mary Ellen; his older sister, suspend the rules and agree to the reso- leagues in the consideration of House Jennifer; and his two younger brothers, lution (H. Res. 342) expressing support Resolution 342, which expresses our Kyle and Michael. for designation of May 2, 2009, as ‘‘Viet- support for the designation of May 2, Keith and Mary Ellen, who I’ve had namese Refugees Day’’. 2009, as ‘‘Vietnamese Refugees Day.’’ the privilege to meet, have honored The Clerk read the title of the resolu- And House Resolution 342 was intro- their son’s legacy by becoming very ac- tion. duced by the gentleman from Lou- tive in local veterans’ issues. Mary The text of the resolution is as fol- isiana, Congressman CAO, on April 21, lows: Ellen recently started the Rochester 2009, and was considered by and re- chapter of Gold Star Mothers. H. RES. 342 ported from the Oversight Committee Being part of a military family re- Whereas the Library of Congress’ Asian Di- on April 23, 2009, by unanimous con- quires a great amount of courage, and vision together with many Vietnamese- sent. This measure has the support and in Keith and Mary Ellen, the town of American organizations across the United cosponsorship of 67 Members of Con- States will sponsor a ‘‘Journey to Freedom: gress. Greece has two everyday heroes. A Boat People Retrospective’’ symposium on This post office would certainly not Basically, Vietnamese refugees were May 2, 2009; asylum-seekers from Communist-con- be the last tribute to Brian’s memory. Whereas Vietnamese refugees were asy- Each year a student at Brian’s alma lum-seekers from Communist-controlled trolled Vietnam. In the late 1970s, mater of Greece Olympia High School Vietnam; many Vietnamese escaped in boats and receives a scholarship in his name. Whereas many Vietnamese escaped in by land across the Cambodian, Laotian This award is a testament to Brian’s boats during the late 1970s, after the Viet- and the Thai borders into refugee incredible work ethic and his lifelong nam War and by land across the Cambodian, camps in Thailand after the Vietnam desire to help others. Laotian, and Thai borders into refugee war. Over 2 million Vietnamese boat camps in Thailand; people and other refugees are now Today, western New Yorkers seek to Whereas over 2,000,000 Vietnamese boat take another step towards repaying the spread across the world, in the United people and other refugees are now spread States, Australia, Canada, France, great debt of gratitude we owe to across the world, in the United States, Aus- Lance Corporal Schramm by redesig- tralia, Canada, France, England, Germany, England, Germany, Japan, China, Hong nating a Federal facility in his honor. China, Japan, Hong Kong, South Korea, the Kong and South Korea, also in the This legislation will make it so that Philippines, and other nations; Philippines and other nations. Over children growing up in the town of Whereas over half of all overseas Viet- half of all overseas Vietnamese are Vi- Greece now and years to come will ask namese are Vietnamese-Americans, and Vi- etnamese Americans, and Vietnamese their parents, who was Brian etnamese-Americans are the fourth-largest Americans are the fourth largest Asian Asian American group in the United States; American group in the United States. Schramm? And then they will come to Whereas, as of 2006, 72 percent of Viet- know about the selfless individual and As of 2006, 72 percent of Vietnamese namese-Americans were naturalized United Americans were naturalized United brave patriot who gave his life to pro- States citizens, the highest rate among all tect this Nation. Asian groups; States citizens, the highest rate among Mr. Speaker, I can think of no better Whereas Vietnamese-Americans have made all Asian groups. Vietnamese Ameri- way to ensure that Brian’s legacy en- significant contributions to the rich culture cans have made significant contribu- dures. and economic prosperity of the United tions to the rich culture and economic Mr. LYNCH. Mr. Speaker, we have no States; prosperity of the United States. further speakers, but I continue to re- Whereas Vietnamese-Americans have dis- Vietnamese Americans have distin- serve. tinguished themselves in the fields of lit- guished themselves in fields of lit- Mr. WESTMORELAND. Mr. Speaker, erature, the arts, science, and athletics, and erature, the arts, science and athletics, include actors and actresses, physicists, an and include actors and actresses, physi- we have no further speakers. And I just astronaut, and Olympic athletes; and ask that my colleagues would give Whereas May 2, 2009, would be an appro- cists, an astronaut, and Olympic ath- unanimous support for the renaming of priate day to designate as ‘‘Vietnamese Ref- letes and so on. And on May 2, 2009, this post office for this fallen hero. ugees Day’’: Now, therefore, be it many will come together to recognize I yield back the balance of my time. Resolved, That the House of Representa- what has been designated as ‘‘Viet- Mr. LYNCH. Mr. Speaker, I join with tives supports the designation of ‘‘Viet- namese Refugees Day.’’ the gentleman from Georgia (Mr. namese Refugees Day’’ in order to com- Mr. Speaker, with this bill, we have memorate the arrival of Vietnamese refugees WESTMORELAND) and the gentleman the opportunity to commemorate the in the United States, to document their arrival and integration of Vietnamese from New York (Mr. LEE) in asking our harrowing experiences, and subsequent Members to unanimously support this achievements in their new homeland, to refugees into the United States and re- designation of this post office in mem- honor the host countries that welcomed the member the arduous task that many ory of Brian Schramm. boat people, and to recognize the voluntary citizens and the citizens of the world I yield back the balance of our time. agencies and nongovernmental organizations have had to travel to attain for their The SPEAKER pro tempore. The that facilitated their resettlement, adjust- liberty, safety and prosperity. question is on the motion offered by ment, and assimilation into mainstream so- I thank the gentleman from Lou- the gentleman from Massachusetts ciety in the United States. isiana (Mr. CAO) for authoring such an (Mr. LYNCH) that the House suspend The SPEAKER pro tempore. Pursu- important resolution, and I urge my the rules and pass the bill, H.R. 1595. ant to the rule, the gentleman from colleagues to join all of us here on the The question was taken. Massachusetts (Mr. LYNCH) and the floor now in support of the bill. The SPEAKER pro tempore. In the gentleman from Georgia (Mr. WEST- I reserve the balance of my time. opinion of the Chair, two-thirds being MORELAND) each will control 20 min- Mr. WESTMORELAND. Mr. Speaker, in the affirmative, the ayes have it. utes. I rise today, and I wish to yield as

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4854 CONGRESSIONAL RECORD — HOUSE April 28, 2009 much time as he may consume to my of the Vietnamese community have sourceful, devout and generous to a distinguished colleague from the great shared with me. I am deeply moved by fault, JOSEPH earned his Bachelor’s De- State of Louisiana (Mr. CAO), the origi- their dedication to the principles of gree at Baylor, his Master’s from Ford- nal sponsor of this legislation. liberty that have distinguished our ham University, and his J.D. from Loy- Mr. CAO. Mr. Speaker, I rise today in American experience. This is expressed ola Law School. support of House Resolution 342, to des- in the difficult decisions to leave their b 1315 ignate May 2, 2009, as ‘‘Vietnamese Ref- beloved homeland of Vietnam and to ugees Day.’’ embrace our Nation’s founding prin- Never forgetting the plight of refu- As the Vietnam war came to an end, ciples, principles that those of us who gees, and wanting to make a difference in the lives of the disenfranchised, JO- millions fled Communist-controlled have never experienced life under op- SEPH became an immigration lawyer. Vietnam by boat and by land, across pression and communism invariably He worked tirelessly to aid refugees the Cambodian, Laotian and Thai bor- run the risk of taking for granted. ders into refugee camps. Even today, Vietnamese American and to assist in unifying families. He Like me, many of the conflict’s refu- refugees gather across this Nation to served as a member of the board of di- rectors of Boat People SOS, and he is gees came to the United States. In fact, raise awareness of concerns affecting now a member of the United States it was April 28, 1975, exactly 34 years their loved ones back in Vietnam. Lin- Congress and is a rising star in the ago today, that, as Saigon fell, I coln’s Vietnamese American commu- House. climbed aboard a C–130 destined for the nity has been particularly concerned Mr. Speaker, JOSEPH CAO is an inspi- United States and my new life. To with religious freedom and Vietnam’s ration to all who escape tyranny and date, over 2 million Vietnamese boat two-child policy. And I have tried to come to America. With persistence and people and other refugees of the con- make it a priority to urge the Govern- hard work and faith, JOSEPH inspires a flict remain dispersed globally. ment of Vietnam to uphold its stated new generation of refugees and, really, In the United States, as of 2006, 72 commitments to religious freedom. I everyone else as well that you can percent of Vietnamese Americans are deeply value the active civic engage- achieve much and do wonderful things naturalized United States citizens, the ment of the Vietnamese American if you put your mind to it and you per- highest rate among Asian groups. Viet- community in Nebraska with regards sist. namese Americans have made signifi- to these and other important human JOSEPH’s legislation highlights the cant contributions to the cultural and rights issues. extraordinary work and the contribu- economic prosperity of the United It is my privilege to serve the Viet- tions made by Vietnamese Americans States. They count among their ranks namese American community. And I and the work of groups like Boat Peo- artists, singers, actors, scientists, as- want to thank Congressman CAO, who, ple SOS and the work of people like Dr. tronauts, restaurateurs, Olympians and as he mentioned, at 8 years old, 34 Thang, who have welcomed Vietnamese elected officials. While Vietnamese years ago today, fled his homeland of asylum seekers fleeing reeducation Americans’ accomplishments are sig- Vietnam on a United States of America camps, harassment, and religious per- nificant and notable, it is critical that C–130 transport plane, for bringing this secution, labor violations and other their history and the history of their important resolution forward and al- human rights abuses. ancestors be recorded. lowing us to reflect on the profound Over 2 million boat people and other Mr. Speaker, on May 2, 2009, the Li- commitment of the Vietnamese refugee refugees from Vietnam have received brary of Congress Asian Division is population to the well-being of our Na- asylum in the United States and joining many Vietnamese American or- tion. around the world. Half of those individ- ganizations across the United States in Mr. LYNCH. Mr. Speaker, we con- uals have made their home in the U.S. sponsoring a symposium entitled tinue to reserve. Vietnamese Americans have made and ‘‘Journey to Freedom: A Boat People Mr. WESTMORELAND. Mr. Speaker, continue to make a significant con- Retrospective.’’ In honor of this signifi- it’s my privilege to yield 3 minutes to tributions to our country, bringing cant event, I ask my colleagues to sup- my friend and colleague from the State their rich heritage and culture and port House Resolution 342 to designate of New Jersey (Mr. SMITH). work ethic to the United States, their May 2, 2009, as ‘‘Vietnamese Refugees Mr. SMITH of New Jersey. Mr. new, cherished permanent home. Day.’’ By doing so, we enshrine in the Speaker, I rise in strong support of H. The sad thing, Mr. Speaker, is that hearts and consciousness of Americans Res. 342, offered by my good friend and Vietnam’s government continues to re- the tragic, heroic and uplifting stories colleague, Mr. JOSEPH CAO. The ‘‘Viet- press its own citizens, and the human of perseverance and the pursuit of free- namese Refugees Day’’ resolution sets rights record of that country’s govern- dom of millions of Vietnamese refugees aside May 2, 2009, as a day of remem- ment remains deplorable. So many Vi- to ensure those stories will stand as an brance and celebration for the growing etnamese suffer each day at the hands inspiration to generations of Ameri- Vietnamese American community in of the government and secret police. cans to come. the United States and throughout the It’s deplorable. Mr. LYNCH. Mr. Speaker, we have no world. The SPEAKER pro tempore. The further speakers, but I continue to re- First, I would like to say a few words time of the gentleman has expired. serve my time. about Mr. CAO, the first Vietnamese- Mr. WESTMORELAND. I yield the Mr. WESTMORELAND. Mr. Speaker, American elected to the U.S. House of gentleman 30 additional seconds. I yield 2 minutes to my distinguished Representatives. JOSEPH is a husband, Mr. SMITH of New Jersey. Addition- colleague from the State of Nebraska proud father and man of deep and abid- ally, ethnic religious minority groups (Mr. FORTENBERRY), and my good ing religious faith and currently serves such as the Montagnards in the Central friend and classmate, a great Amer- the people of Louisiana’s Second Dis- Highlands and the Khmer Krom Bud- ican. trict with honor and distinction. dhists continue to face intense persecu- Mr. FORTENBERRY. I thank the Mr. CAO is far too modest and humble tion, beatings and even death. gentleman from Georgia (Mr. WEST- to say it, but he is the quintessential I would hope that Mr. CAO’s resolu- MORELAND) for the time and for recog- example of a refugee success story. tion causes this Congress to reexamine nizing our valuable partnership in this JOSEPH CAO’s father, a lieutenant in Vietnam’s human rights record and re- fine august body. the Army of the Republic of Vietnam, double our efforts to promote freedom Mr. Speaker, today I also rise, as the was captured by the North Vietnamese and democracy in Vietnam and to re- Vietnamese community in my district at the end of the war and was incarcer- move hindrances for Vietnamese people gathers for their regular meeting, to ated for seven terrible years in a reedu- seeking asylum in the U.S. and else- express my support for a national Viet- cation camp. where around the world. namese Refugees Day. In 1975, at the age of 8, JOSEPH es- Again, I congratulate my good friend Throughout the past years, I have caped Vietnam with two of his siblings. and colleague. His is a success story listened with great interest and admi- His mom and jailed father remained be- that needs to be held up in neon lights. ration to the poignant stories of hard- hind. JOSEPH CAO worked hard in his JOSEPH CAO, you are an extraordinarily ship and triumph that many members new adopted homeland. Smart, re- talented and courageous leader.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4855 Mr. LYNCH. Mr. Speaker, we con- to escape the tyranny and depravation of com- H. RES. 357 tinue to reserve. munist Vietnam. Hundreds of thousands of Whereas personal financial literacy is es- Mr. WESTMORELAND. Mr. Speaker, those refugees reached the United States, and sential to ensure that individuals are pre- I want to thank my colleague, Mr. CAO, we are all better for it. Like so many immi- pared to make informed financial choices, as for introducing this piece of legisla- grants before and since, they came seeking well as manage money, credit, debt, and risk tion, and I urge my fellow Members to freedom, and in turn became valuable mem- and become responsible workers, heads of households, investors, entrepreneurs, busi- support the passage of H. Res. 342. bers of their new communities. I have the ness leaders, and citizens; Mr. Speaker, in 1975, after the Vietnam privilege of representing many Vietnamese- Whereas personal financial management War, a mass immigration to the United States Americans in San Jose, California, and can at- skills and lifelong habits begin to develop of Vietnamese people began. These early Vi- test to this first-hand. during childhood, making it all the more im- etnamese immigrants were fleeing persecution Unfortunately, I cannot speak with the same portant to support youth financial edu- by the Communists in power in that region of warmth about the situation inside Vietnam. To cation; the world. They came to America, sometimes this day, the Vietnamese government refuses Whereas a 2008 survey of high school sen- with barely the clothes on their back, seeking to respect the basic human rights of its own iors conducted by the Jump$tart Coalition for Personal Financial Literacy revealed asylum and a better life. citizens. Reports by the State Department, the U.S. Commission on International Religious that students in 2008 answered correctly only Many of them can recount harrowing experi- 48.3 percent of the survey’s questions, a de- ences in having to flee their homelands, some Freedom, and non-governmental and Viet- cline from those posted by students in 2006, by boat, and others by land across Cambodia, namese American organizations document who correctly answered 52.4 percent of the Laos and Thai borders into refugee camps. In egregious abuses of free speech and expres- questions; fact, over 2 million Vietnamese boat people sion, religious liberty, and many other funda- Whereas 84 percent of undergraduates had and other refugees are now spread across the mental freedoms. at least one credit card in 2008, up from 76 world, in the United States, Australia, Canada, So today I rise to honor the experiences of percent in 2004, with the average number of France, England, Germany, China, Japan, Vietnamese refugees, and to commend the Vi- cards increasing to 4.6 according to Sallie Mae’s National Study of Usage Rates and Hong Kong, South Korea, the Philippines and etnamese Americans who have successfully rebuilt their lives in the United States while Trends 2009 entitled ‘‘How Undergraduate other nations. Students Use Credit Cards’’; And yet despite these harrowing escapes fighting for the rights of those left in Vietnam. Mr. LYNCH. I yield back the balance Whereas personal saving as a percentage of from oppressive regimes, Vietnamese-Ameri- disposable personal income was 4.2 percent in cans have made significant contributions to of my time. February, compared with 4.4 percent in Jan- The SPEAKER pro tempore. The the rich culture and economic prosperity of the uary, and up from a 12-month average of 1.7 question is on the motion offered by United States. Vietnamese-Americans have percent in 2008, according to the Bureau of the gentleman from Massachusetts distinguished themselves in the fields of lit- Economic Analysis; (Mr. LYNCH) that the House suspend Whereas the average baby boomer has only erature, the arts, science and athletics. In fact, the rules and agree to the resolution, $50,000 in savings apart from equity in their just a few months ago, the people of Louisi- H. Res. 342. homes, according to the Federal Reserve ana’s Second Congressional District, elected The question was taken; and (two- Board’s Survey of Consumer Finances for the first Vietnamese-American and sent the thirds being in the affirmative) the 2007; Whereas studies show that as many as author of this piece of legislation, Representa- rules were suspended and the resolu- tive ANH ‘‘JOSEPH’’ CAO, to Congress. 10,000,000 households in the United States are tion was agreed to. ‘‘unbanked’’ or are without access to main- According to Census Data, as of 2006, 72 A motion to reconsider was laid on percent of foreign-born Vietnamese are natu- stream financial products and services; the table. Whereas public, community-based, and pri- ralized U.S. citizens. When combined with the f vate sector organizations throughout the 36 percent of Vietnamese born in America, a United States are working to increase finan- full 82 percent of Vietnamese are American REPORT ON RESOLUTION PRO- cial literacy rates for Americans of all ages citizens. Over half of all overseas Vietnamese VIDING FOR CONSIDERATION OF and walks of life through a range of outreach are Vietnamese-Americans. What’s more, CONFERENCE REPORT ON S. CON. efforts, including media campaigns, there are well over 1 million people in the U.S. RES. 13, CONCURRENT RESOLU- websites, and one-on-one financial coun- who identify themselves as Vietnamese alone TION ON THE BUDGET FOR FIS- seling for individuals; or in combination with other ethnicities, rank- CAL YEAR 2010 Whereas bankers across the United States taught savings skills to young people on ing fourth among the Asian American groups. Mr. MCGOVERN (during consider- April 21, 2009, during Teach Children to Save According to 2006 Census Data, the Viet- ation of H. Res. 357), from the Com- Day, which was started by the American namese American population has grown to 1.6 mittee on Rules, submitted a privi- Bankers Association Education Foundation million and remains the second largest South- leged report (Rept. No. 111–90) on the in April of 1997 and has now helped more east Asian American subgroup. resolution (H. Res. 371) providing for than 72,000 bankers teach savings skills to In light of the civic achievements of Viet- consideration of the conference report nearly 3,200,000 young people; namese-Americans, I am pleased to support, to accompany the Senate concurrent Whereas staff from America’s credit unions are making presentations to young people at and urge my colleagues to support this resolu- resolution (S. Con. Res. 13) setting tion, designating May 2, 2009 as ‘‘Vietnamese local schools on financial topics such as stu- forth the congressional budget for the dent loans, balancing a checkbook, and auto Refugees Day’’ in order to commemorate the United States Government for fiscal loans during National Credit Union Youth arrival of Vietnamese refugees in the United year 2010, revising the appropriate Week, April 19–25, 2009; States, to document their harrowing experi- budgetary levels for fiscal year 2009, Whereas more than 100 Federal agencies ences and subsequent achievements in their and setting forth the appropriate budg- have collaborated on a website, new homeland, to honor the host countries etary levels for fiscal years 2011 www.consumer.gov, which helps consumers that welcomed the boat people, and to recog- through 2014, which was referred to the shop for a mortgage or auto loan, understand and reconcile credit card statements and nize the voluntary agencies and nongovern- House Calendar and ordered to be mental organizations that facilitated their reset- utility bills, choose savings and retirement printed. plans, compare health insurance policies, tlement, adjustment, and assimilation into f and understand their credit report and how mainstream society in the United States. it affects their ability to get credit and on I yield back the balance of my time. SUPPORTING FINANCIAL what terms; Mr. LYNCH. Mr. Speaker, in closing, LITERACY MONTH Whereas Members of the United States I want to congratulate Mr. CAO on his Mr. MOORE of Kansas. Mr. Speaker, House of Representatives established the Fi- leadership in sponsoring this resolu- I move to suspend the rules and agree nancial and Economic Literacy Caucus tion. I want to thank the gentleman to the resolution (H. Res. 357) sup- (FELC) in February 2005 to provide a forum from Georgia for his leadership as well. porting the goals and ideals of Finan- for interested Members of Congress to re- Ms. ZOE LOFGREN of California. Mr. view, discuss and recommend financial and cial Literacy Month 2009, and for other economic literacy policies, legislation, and Speaker, I rise in support of House Resolution purposes. programs, collaborate with the private sec- 342 and the designation of May 2, 2009 as The Clerk read the title of the resolu- tor, and nonprofit and community-based or- ‘‘Vietnamese Refugees Day.’’ tion. ganizations, and organize and promote finan- Millions of Boat People and other Viet- The text of the resolution is as fol- cial literacy legislation, seminars, and namese refugees endured harrowing voyages lows: events, such as ‘‘Financial Literacy Month’’

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4856 CONGRESSIONAL RECORD — HOUSE April 28, 2009 in April, 2009, and the annual ‘‘Financial Lit- education, our students have access to So while we want to stimulate com- eracy Day Fair’’ on April 30, 2009; and programs that promote financial lit- merce in the short term, we must en- Whereas the Council for Economic Edu- eracy so they can form good money sure that people do not forget the les- cation, its State Councils and Centers for management habits before they inad- sons of the past. We need to be pre- Economic Education, the Jump$tart Coali- pared for tuition costs, a home, health tion for Personal Financial Literacy, its vertently learn bad ones. Studies show State affiliates, and its partner organiza- that the percentage of undergraduates care and retirement. We need a finan- tions, and JA Worldwide have designated with credit cards is rising, while their cial cushion against unexpected chal- April as Financial Literacy Month to edu- basic understanding of the terms of lenges like the death of a family mem- cate the public about the need for increased these cards is on the decline. We must ber or a health condition, and we need financial literacy for youth and adults in the do something to stem this tide. the capital necessary for new entre- United States: Now, therefore, be it With responsible money management preneurs to launch the startups and Resolved, That the House of Representa- skills, it is easier for Americans to ride open the small businesses that drive tives— out rough economic times and prosper this economy. (1) supports the goals and ideals of Finan- Every American should have the op- cial Literacy Month, including raising public in times of economic richness. As we awareness about financial education; face the toughest economic challenge portunity and the know-how to fulfill (2) recognizes the importance of managing in our country since the Great Depres- each of these goals, and we must share personal finances, increasing personal sav- sion, it’s evident that exercising pru- these lessons with our children and our ings, and reducing personal debt in the dent monetary practice is not a luxury, grandchildren through new, effective United States; and but a necessity, for all Americans. methods of teaching sound money man- (3) requests that the President issue a We need to highlight the need for fi- agement skills. That is why I urge my proclamation calling on the Federal Govern- nancial education and understanding. colleagues to support this resolution ment, States, localities, schools, nonprofit and show that financial literacy re- organizations, businesses, other entities, and H. Res. 357 supports these goals and the goals of Financial Literacy Month. I mains a top priority for Congress. the people of the United States to observe I would also like to encourage Mem- the month with appropriate programs and couldn’t be happier to be a cosponsor. activities with the goal of increasing finan- Mr. Speaker, I reserve the balance of bers of the House and their staff to at- cial literacy rates for individuals of all ages my time. tend Friday’s annual Financial Lit- and walks of life. Mrs. BIGGERT. Mr. Speaker, I yield eracy Day Fair, which will be held The SPEAKER pro tempore. Pursu- myself as much time as I may con- from 12 noon to 4 p.m. in the afternoon ant to the rule, the gentleman from sume. in the Cannon Caucus Room, where you Kansas (Mr. MOORE) and the gentle- I rise today as a cosponsor of House will be able to find a broad array of fi- nancial educational materials and woman from Illinois (Mrs. BIGGERT) Resolution 357, which recognizes April each will control 20 minutes. as Financial Literacy Month, and I ideas for reaching out to constituents The Chair recognizes the gentleman would strongly urge my colleagues to on this important issue. With that, I would urge support of from Kansas. support it. this resolution and yield back the bal- I would like to begin by thanking my GENERAL LEAVE ance of my time. good friend and fellow chair of the Mr. MOORE of Kansas. Mr. Speaker, Mr. MOORE of Kansas. Mr. Speaker, I ask unanimous consent that all Mem- House Financial and Economic Lit- I would join my colleague from Illinois bers have 5 legislative days within eracy Caucus, Mr. HINOJOSA, for his in inviting Members to attend this Fi- which to revise and extend their re- continuing efforts to improve financial nancial Literacy Day. This is very, marks on this legislation and to insert literacy rates in America. I know he very important and I appreciate her any extraneous material thereon. would have liked to have been here. He mentioning that. The SPEAKER pro tempore. Is there has been such an important force in fi- Mr. DREIER. Mr. Speaker, I rise in strong objection to the request of the gen- nancial literacy matters and will con- support of H. Res. 357, supporting the goals tleman from Kansas? tinue to be. I would like to thank my and ideals of Financial Literacy Month. I would There was no objection. colleague from Kansas (Mr. MOORE) for also like to commend the gentleman from Mr. MOORE of Kansas. Mr. Speaker, managing this bill on his behalf. Texas, Mr. HINOJOSA, and the gentlelady from I yield myself 5 minutes. Our Financial and Economic Lit- Illinois, Mrs. BIGGERT, the co-chairs of the Fi- I would first like to thank my col- eracy Caucus has been at the forefront nancial Literacy Caucus, for all of their hard league, the gentlewoman from Illinois, of this issue for several years, but we work on this important issue. for her good work on the issue of finan- have much more work to do before us if It is imperative in our current economy that cial literacy. I would also like to recog- we are going to help today’s children we do everything we possibly can to encour- nize my colleague, Mr. HINOJOSA, as co- become tomorrow’s smart investors, age greater financial literacy for all Americans. founder and cochair of the Financial entrepreneurs and business leaders, es- As we all know, a major factor in the collapse and Economic Literacy Caucus and to pecially in tough economic times like of our financial markets can be attributed to commend him for his work on this this. unscrupulous lenders who took advantage of issue. Mr. Speaker, efforts to stimulate the consumers. In these cases, predatory lenders, Possessing the skills to make in- economy cannot succeed unless we looking to make a quick buck, misled con- formed financial decisions not only equip Americans with the knowledge sumers by encouraging them to enter into helps American families, but it’s im- and resources they need to succeed in complicated mortgage products, such as ad- portant for long-term fiscal soundness. today’s market. justable rate mortgages, without fully under- From basic financial tools like bal- According to the Jump$tart Coali- standing the implications if home prices fell or ancing a checkbook and making a fam- tion, high school seniors in 2008 an- interest rates adjusted. In other cases, irre- ily budget, to more complex themes swered only 48.3 percent of their orga- sponsible borrowers took advantage of so- such as understanding intricate con- nization’s survey questions correctly called ‘‘no-doc’’ loans to exaggerate income tracts, everybody can benefit from a on personal finance, a decline of 4.1 information to buy a home they couldn’t afford little education on financial literacy. percent from 2006. And your average or re-finance to pull equity out, as if their As we have seen with the recent baby boomer still only has less than home were an ATM machine. This eventually housing market problems, for example, $50,000 in savings, and that savings con- led to higher mortgage delinquencies and con- too many people are unfamiliar with tinues to shrink as our economy con- tributed to the housing downturn, ultimately af- basic economic concepts needed to tinues to regain its momentum. fecting responsible homeowners who lived make responsible investments. With I know it’s kind of odd to think within their means and paid their mortgages serious questions about the long-term about, but one of the few bright spots on time. Even the best and brightest minds on viability of Social Security, it’s clear in the current economic climate is that Wall Street fell prey to this problem, making that we do need to do a better job of savings rate has finally risen above the bad bets and overexposing their organizations educating people about the importance near zero level up to the 4 percent with complicated financial products based on of private retirement savings. range. I think Americans are learning these bad loans. As mortgage defaults in- Most importantly, however, we must that a financial buffer is critical when creased, the value of many of these real es- ensure that throughout their regular times get unexpectedly tough. tate-related products collapsed, creating a

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4857 downturn which spread to other sectors of the sions and achieve financial freedom. During ruptcy and have their loans discharged. Due global economy. these tumultuous and unprecedented financial to the lack of financial literacy counseling for It is clear that an understanding of personal times, it is particularly important that Ameri- borrowers, student loan payments are often finance—from basic spending decisions to de- cans access available financial counseling and higher than expected. Recent grads are un- ciphering borrowing terms to investing and individuals pay close attention to details of all able to afford the monthly payments resulting saving—is important to effectively plan for the their financial agreements. These are surefire in them living paycheck to paycheck, acquiring future. And there are significant signs that we ways to ensure that families and individuals credit card debt and in extreme cases, grads need to help our youth establish a strong have the resources necessary to secure a leaving the country in order to avoid repay- foundation in personal finance at an early age solid future. ment and debt collectors. and practice these lessons throughout life. For Through a financial plan, we begin to Students and parents are not currently re- example, the Jump$tart Coalition’s 2008 sur- dream. When we dream, we have the incen- ceiving the proper or any information of the vey found that only 48.3 percent of high tive to save; and through savings, we flourish burden that their student loans will have once school seniors possessed an understanding of financially. Financial stability is the foundation they graduate. This is possibly a result of the basic finance, a decline from the 2006 survey. on which freedom and prosperity are built. relationship between student loan companies At the same time, according to an April 2009 Mr. Speaker, as a member of the Financial and universities, as some lenders offer univer- Sallie Mae report, 84 percent of college under- Literacy Caucus, I am thrilled to cosponsor sities incentives to steer borrowers their way. graduates had at least one credit card. This this resolution so that many Americans, some College campuses are one place that young represents a disturbing trend, as these statis- for the first time, can begin to dream of a life Americans are introduced to credit and the tics demonstrate that while these young adults of financial security, and work to reach their possibility of living beyond their means. With have access to credit, they may not nec- highest goals and aspirations. proper loan and credit counseling the burden essarily understand how to use it wisely. If we Ms. JACKSON-LEE of Texas. Mr. Speaker, of debt incurred in college could be greatly re- don’t encourage our children to understand I rise today in strong support of H. Res. 357, duced. Especially in this time of recession, fi- personal finance now, we run the risk of re- Supporting the goals and ideals of financial lit- nancial literacy is one of the most important peating the same mistakes all over again. eracy month 2009. This resolution is timely. I tools that we can give to our students in order Mr. Speaker, that is why we must all do our would like to thank Representative HINOJOSA to ensure their success in the future. part to enhance financial literacy. On April 21, for his leadership in bringing this bill to the This legislation will provide financial literacy the American Bankers Association Education floor. In light of today’s economic realities—the training to students taking out Federal Student Foundation held their annual Teach Children fact that this is the deepest recession since Loans and will require a minimum of 4 hours to Save Day, to help young people enhance the Great Depression with unemployment at of counseling including entrance and exit their savings skills. Since 1997, 72,000 bank- record highs—I would encourage each of my counseling. Counseling will include the fun- ers have participated to teach nearly 3.2 mil- colleagues to support this legislation. damentals of basic checking and savings ac- lion youth. Also, America’s credit unions made Americans are taught to work hard and counts, budgeting, types of credit and their ap- presentations at local schools on financial make money and to buy house, but we are propriate uses, the different forms of student issues during National Credit Union Youth never told about financial literacy. In these financial aid, repayment options, credit scores Week, April 19 to 25. In addition, tough economic times, it is imperative that and ratings, as well as investing. www.consumer.gov, a website sponsored by Americans know about financial literacy; it is I urge my colleagues to support this resolu- 100 Federal agencies, provides assistance to crucial to our survival. Americans need to be tion and to support my bill. consumers on a variety of financial matters, prepared to make informed financial choices. Mr. MOORE of Kansas. Mr. Speaker, including shopping for a mortgage or auto Indeed, we much learn how to effectively han- I yield back the balance of my time. The SPEAKER pro tempore. The loan, understanding credit card statements dle money, credit, debt, and risk. We must be- question is on the motion offered by and planning for savings and retirement. come better stewards over the things that we At the same time, Congress needs to take are entrusted. By becoming better stewards, the gentleman from Kansas (Mr. action to help workers and families begin to Americans will become responsible workers, MOORE) that the House suspend the rebuild their savings and retirement accounts, heads of households, investors, entre- rules and agree to the resolution, H. and prepare for the future. That is why I am preneurs, business leaders and citizens. Res. 357. The question was taken. supporting the Savings Recovery Act, which I In 2008, 84 percent of undergraduates had The SPEAKER pro tempore. In the co-authored this month with several of my col- at least one credit card. This figure is stag- opinion of the Chair, two-thirds being leagues. This bill includes a number of provi- gering. Young people who themselves might in the affirmative, the ayes have it. not even have job are able to get credit cards. sions that will help working families recoup the Mr. MOORE of Kansas. Mr. Speaker, This is astounding because it begins the cycle losses that have been suffered and once I object to the vote on the ground that of indebtedness. again build up the savings and retirement ac- a quorum is not present and make the Recent studies have indicated that young counts that give us all confidence in our finan- point of order that a quorum is not people do not even know basic financial topics cial futures. present. Also of note, late last year, the Federal Re- such as the impact of student loans on one’s The SPEAKER pro tempore. Pursu- serve Board approved final rules which en- credit, how to balance a checkbook, and the ant to clause 8 of rule XX and the hance consumer protections and improve impact of automobile loans on one’s credit. Chair’s prior announcement, further Because of my concern that young people credit card disclosure terms. The new rules, proceedings on this motion will be are not sufficiently informed about financial lit- which go into effect on July 1, 2010, protect postponed. against unexpected interest rate increases, eracy, I have introduced a H.R. 1325. H.R. The point of no quorum is considered provide consumers with adequate time to 1325, To require financial literacy counseling withdrawn. make payments and make borrowing terms for borrowers, and for other purposes. This f more understandable for consumers. legislation is important because approximately Put simply, financial literacy is about oppor- two-thirds of students borrow to pay for col- AWARDING CONGRESSIONAL GOLD tunity. It is about empowering individuals to lege according to the Center for Economic and MEDAL TO ARNOLD PALMER make informed financial decisions, helping Policy Research. Moreover, one in ten of stu- Mr. BACA. Mr. Speaker, I move to them to attain financial independence and fu- dent borrowers have loans more than suspend the rules and pass the bill ture prosperity. Working together, we can en- $35,000. Passing this legislation will ensure (H.R. 1243) to provide for the award of sure that America’s youth gain a fundamental that our nation’s college students will be more a gold medal on behalf of Congress to understanding of personal finance to help prepared when incurring student loan debt and Arnold Palmer in recognition of his them succeed later in life. I am honored to be help them to avoid default as student loans service to the Nation in promoting ex- an original co-sponsor of this measure and severely impact one’s credit score. Currently cellence and good sportsmanship in urge Members to vote ‘‘yes’’ on the resolution. there is about $60 billion in defaulted student golf. Mrs. BACHMANN. Mr. Speaker, I rise today loan debt. The Clerk read the title of the bill. in support of H. Res. 357, which recognizes Many students do not understand the reality The text of the bill is as follows: the month of April as Financial Literacy Month. of repaying student debt while taking out these H.R. 1243 As a cosponsor of this important resolution, loans. While most Americans have debt of Be it enacted by the Senate and House of Rep- it is my goal to empower individuals with some kind, student loan repayment is espe- resentatives of the United States of America in knowledge so they can make informed deci- cially scary, as one cannot just declare bank- Congress assembled,

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4858 CONGRESSIONAL RECORD — HOUSE April 28, 2009 SECTION 1. FINDINGS. SEC. 5. FUNDING. Club. At the age of 7, Palmer broke 70 Congress finds the following: (a) AUTHORIZATION OF CHARGES.—There is at Bent Creek Country Club. (1) Arnold Palmer is a world famous golf authorized to be charged against the United Can you imagine the rest of us with professional, a highly successful business ex- States Mint Public Enterprise Fund an the kind of equipment that we have ecutive, a prominent advertising spokesman, amount not to exceed $30,000 to pay for the a devoted husband, father, and grandfather, cost of the medals authorized by this Act. today and his having that equipment and a man with a common touch that has (b) PROCEEDS OF SALE.—Amounts received and breaking 70 at that tender age? My made him one of the most popular and acces- from the sale of duplicate bronze medals Lord, that is something else. sible public figures in history. under section 3 shall be deposited in the As a youngster, Palmer was only al- (2) Arnold Palmer amassed 92 champion- United States Mint Public Enterprise Fund. lowed on the Latrobe course in the ships in professional competition of national The SPEAKER pro tempore. Pursu- early mornings or late afternoons when or international stature by the end of 1993, 62 ant to the rule, the gentleman from the members weren’t playing. He at- of which came on the Professional Golf Asso- tended Wake Forest University on a ciation Tour. California (Mr. BACA) and the gentle- (3) Arnold Palmer’s magnetic personality woman from Illinois (Mrs. BIGGERT) golf scholarship. He left upon the death and unfailing sense of kindness and thought- each will control 20 minutes. of close friend, Bud Worsham, and en- fulness have endeared him to millions The Chair recognizes the gentleman listed in the Coast Guard where he throughout the world. from California. served for 3 years and continued to (4) Arnold Palmer has been the recipient of GENERAL LEAVE hone his skills. countless honors including virtually every Mr. BACA. Mr. Speaker I ask unani- Palmer gathered himself and re- national award in golf and both the Hickok turned to competitive golf. His win in Athlete of the Year and Sports Illustrated’s mous consent that all Members may have 5 legislative days within which to the 1954 U.S. Amateur Championship Sportsman of the Year awards, and he was made him decide to try the pro tour for chosen Athlete of the Decade for the 1960s in revise and extend their remarks on this a national Associated Press poll. legislation and to insert extraneous a while, and he and his new bride, Wini- (5) Arnold Palmer has received numerous material thereon. fred, whom he had met at a Pennsyl- honors outside the world of sports, including The SPEAKER pro tempore. Is there vania tournament, traveled the circuit the Patriot Award of the Congressional objection to the request of the gen- for 1955. Medal of Honor Society, the Golden Plate tleman from California? As a member of the Professional award of the American Academy of Achieve- There was no objection. Golfers Association, PGA, which also ment, and the United States Navy Memorial Mr. BACA. Mr. Speaker, I yield my- stands for ‘‘posture, grip and align- Lone Sailor Award. ment,’’ Palmer won the 1955 Canadian (6) Arnold Palmer was honored by the self as much time as I may consume. United States Golf Association with the Mr. Speaker, first of all I would like Open in his rookie season. He raised his opening of the Arnold Palmer Center for Golf to thank Chairman FRANK, Ranking game systematically for the next sev- History on June 3rd 2008. Member SPENCER BACHUS and my col- eral sessions. (7) Arnold Palmer served his country for 3 league, JUDY BIGGERT, who is also a co- With the help of his unfailing person- years in the United States Coast Guard and sponsor of this legislation. ality and lucrative business ventures, was among those chosen to address the Joint I want to take the time to thank my Arnold Palmer has almost single- Session of Congress on the occasion of the colleagues in the House of Representa- handedly brought golf out of the elite 100th anniversary of the birth of President country clubs and into the conscious- Dwight D. Eisenhower. tives for their support on this bill. It (8) Arnold Palmer served as Honorary Na- truly is a bipartisan bill. ness of mainstream America, which is tional Chairman of the March of Dimes Birth I also want to thank my staff for where most of us are from, mainstream Defects Foundation for 20 years and played a their hard work and dedication. I rise America. major role in the fund-raising drive that led today in strong support of H.R. 1243, to Palmer won his first major cham- to the creation of the Arnold Palmer Hos- honor Arnold Palmer with a Congres- pionship at the 1958 Masters, cement- pital for Children in Orlando and the Latrobe sional Gold Medal. Arnold Palmer’s ing his position as one of the leading Area Hospital Charitable Foundation in his golf record is one history will forever stars in golf. Palmer is credited by Western Pennsylvania hometown. remember. He is a legend and a giant many for securing the status of the (9) Arnold Palmer remains active in tour- Open Championship—the British nament golf, although he retired from com- amongst golfers. petition in the major championships on April I have had the opportunity to play Open—among U.S. players. 14, 2002, when he played the last of his 48 with Arnold Palmer before. My son, After Ben Hogan won the champion- Masters Tournaments, where he was given Joe Baca, Jr., mayor pro tem, City of ship in 1953, few American profes- an emotional standing ovation as he finished Rialto, was also in attendance. This sionals had traveled to play in The the 18th hole. was the most memorable outing I have Open due to its travel requirements, SEC. 2. CONGRESSIONAL GOLD MEDAL. had the pleasure of experiencing. It was relatively small prize purses and the (a) PRESENTATION AUTHORIZED.—The an experience the two us will never for- style of its links courses. That means Speaker of the House of Representatives and get. traveling across the country for the the President Pro Tempore of the Senate game of golf and for the love of the shall make appropriate arrangements for the It was like a dream come true. I had presentation, on behalf of the Congress, of a to pinch myself to make sure that this game of golf to ensure that others love gold medal of appropriate design to Arnold wasn’t just a dream. Not only is he a the game and are as compassionate as Palmer in recognition of his service to the golf legend, but also a genuine person he is about the game. Nation in promoting excellence and good with a great sense of humor. Palmer’s Open wins in the early 1960s sportsmanship. Walking these 18 holes with him will convinced many American pros that a (b) DESIGN AND STRIKING.—For the purpose forever be one of my greatest moments trip to Britain would be worth the ef- of the presentation referred to in subsection in life, besides, of course, marrying my fort. He secured his popularity among (a), the Secretary of the Treasury shall the British and European fans and, of strike a gold medal with suitable emblems, wife and having my four children. devices, and inscriptions to be determined by His drive and passion for the game is course, the American fans. the Secretary. an example of sportsmanship of the In all, Arnold Palmer won 92 profes- SEC. 3. DUPLICATE MEDALS. highest caliber and was an inspiration sional events. Can you imagine what Under such regulations as the Secretary of to me. that’s like? Ninety-two. Some of us the Treasury may prescribe, the Secretary However, I ask that Arnold Palmer can’t even win when we go out and play may strike duplicate medals in bronze of the be awarded the Congressional Gold on a weekend. Ninety-two professional gold medal struck pursuant to section 2 and Medal for his leadership as an Amer- events. His most prominent profes- sell such duplicate medals at a price suffi- ican. sional titles were four Masters—and I cient to cover the costs of the duplicate med- repeat four Masters—in 1958, 1960, 1962, als (including labor, materials, dies, use of b 1330 machinery, overhead expenses) and the cost and 1964—wow—two British Opens in of the gold medal. Palmer was born in Latrobe, Penn- 1961 and 1962 and the memorable U.S. SEC. 4. NATIONAL MEDALS. sylvania in September of 1929. He Open Championship at Cherry Hills in The medals struck under this Act are na- learned golf from his father, Deacon Denver, Colorado in 1960. tional medals for purposes of chapter 51 of Palmer, who was the head professional In 1960, he won the Hickok Belt as title 31, United States Code. and greenskeeper at Latrobe Country the top professional athlete of the year

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4859 and Sports Illustrated magazine’s lies during times of hardship and strug- prove and maintain property preserved Sportsman of the Year award—some- gle. He has helped many other families by the Pennsylvania Department of thing that a lot of us are striving for during times of hardship and struggle, Conservation. that we’ll probably never, ever make, and that’s what we’re going through We thank Arnold Palmer; his late but we congratulate him on that right now in this Nation and in this wife, Winnie; his two daughters, Peggy award. country with the recession that we’re and Amy; and his five grandchildren, In 1967, he became the first man to in and with many people losing their Emily, Katherine Anne, Anne Palmer reach the $1 million in career earnings homes and their jobs. Saunders, Nicola Wears, and Samuel on the PGA Tour. Can you imagine the Arnold Palmer’s work in philan- Palmer Saunders, for making America amount of money during that period of thropy shows his dedication towards a better place. He, too, is a role model, time and what he would have won now helping others. He is known to have an an example that, if you lead by exam- if they’d paid the same amount of unfailing sense of kindness, and has ple, others can be better, and he has money? He’d be equal to Tiger Woods, used the game of golf as a means of done that in what he has demonstrated I believe, but that wasn’t the case. sharing. He proactively helps others and in what he has done as an Amer- They didn’t pay as much. survive extreme health emergencies. ican. Palmer won the Vardon Trophy for As a cancer survivor, he knows first- Although Arnold Palmer does not the lowest scoring average four times hand how devastating health issues can feel comfortable being called the ‘‘king in 1961, 1962, 1964, and 1967. Can you be. Arnold Palmer served as Honorary of golf,’’ Arnold Palmer is royalty, roy- imagine the lowest scoring? Well, most National Chairman of the March of alty in the eyes and hearts of those he of us get the highest scoring award Dimes Birth Defects Foundation for 20 has helped. We thank Arnold Palmer. right now versus the lowest scoring years. That means he dedicated himself We thank you for your life’s work. award on the average, and that’s quite for 20 years to the March of Dimes His legions of fans were often called a compliment, you know, for someone Birth Defects Foundation. He played a Arnie’s Army. Well, now we can be major role in the fund-raising drives to receive. called Arnie’s Congressional Army. So Arnold Palmer also represented the that led to the creation of the Arnold he no longer just has the army out Palmer Hospital for Children and U.S. in the Ryder Cup matches seven there. He has Arnie’s Congressional Women in Orlando in the 1980s. The times as either a player or as a cap- Army. hospital has been healing women and tain. Seven times. You know, when You are a true American, an Amer- children from central Florida and ican deserving not only of the Presi- we’ve had the Ryder Cup that has come around the world with care, compas- dential Medal of Freedom and of the here in our congressional, I’m glad that sion and a leading edge in medical U.S. Navy’s Lone Sailor award, to I’ve been a member of our Ryder Cup. care. name a few, but Arnold Palmer de- We’ve been successful in defeating that The Winnie Palmer Hospital for serves to be honored with a Congres- cup; but can you imagine Arnold Palm- Women and Babies has left a perma- sional Gold Medal. For this reason and er being there seven times as either a nent mark on the lives of thousands of for many reasons unsaid and of stories player or as a captain? That’s quite an families from around the world—and unsaid and for the people who have met honor. He was the last playing captain that’s around the world. him, I urge all Members to support this in 1963 and captained the team again in The Arnold Palmer Prostate Center— passage. 1975. and I state ‘‘prostate center’’ because I reserve the balance of my time. Palmer was eligible for the Senior most of us may be having it, but we Mrs. BIGGERT. Mr. Speaker, I yield PGA Tour from its first season in 1980, want to make sure that we look at pre- myself such time as I may consume. and he was one of the marquees named vention. He has recognized every can- As Sports Illustrated said in a 1994 who helped it become successful. cer patient as unique because of his story, ‘‘All Arnold Daniel Palmer did That’s giving those individuals who prostate cancer center. It offers a vari- was save golf. All he did was bring golf play on the young tour an opportunity ety of programs, including counseling, back to the truck drivers and the mail- to continue or it’s creating hope for nutrition, support groups, a cancer lec- men, whoever. Basically, he took a seniors who want to become profes- ture series, exercise for cancer pa- game that was a little too prissy, a lit- sionals. There are others who have be- tients, and arts in health care, because tle too clubby, a little too saturated come professionals as seniors. Thanks he cares about those patients or those with Ivy League men trying not to soil to Arnold, those gates were opened to individuals who have been affected their cardigans and breathe sweet life allow individuals to get there. with prostate cancer. Even my bishop, into it.’’ He won 10 events on the tour, includ- Bishop Barnes, had prostate cancer, Every one of us, even nongolfers, can ing five senior majors. He retired from and I remember that. It’s for individ- name a few men of the links—Tiger tournament golf on October 13, 2006. uals who care about others and who Woods, of course, and perhaps Phil One of his favorite drinks is a com- want to improve their quality of life, Mickelson of today’s game; Gary Palm- bination of half iced tea and half lem- which is what Arnold Palmer has done er, Gary Player and Jack Nicklaus onade. You thought I was going to say for them. from a couple of decades ago; and for some kind of mixed drink or liquor. No. Arnie’s Army Battles Prostate Can- those who have been playing for years, Half iced tea and half lemonade. It’s a cer is a unique funding-raising and maybe Ben Hogan and Byron Nelson to drink which is often referred to as the awareness campaign of the Prostate whom we awarded the Congressional ‘‘Arnold Palmer’’ in his honor. That’s a Cancer Foundation. This program is Medal of Honor in the 109th Congress, great drink for those of you who designed to help organizers and partici- but everyone would name Arnold Palm- haven’t had the Arnold Palmer. I’m not pants use golf as a fund-raising tool to er. soliciting, asking you to go out and do raise money for better treatments and Amazingly, for a man who won the 92 that, but that’s great. It’s a good drink for the cure of prostate cancer. Every professional tournaments and who at to get when you’re out on the golf dollar raised by Arnie’s Army tour- one time was the highest paid profes- course. naments—and I state ‘‘every dollar’’— sional athlete, earning more than $1 I ask that we honor Arnold Palmer goes directly to the Prostate Cancer million a year, Arnold Palmer always with a Congressional Gold Medal be- Foundation. That means every dollar seemed as someone who was an every- cause of the way Arnold Palmer lives goes to the Prostate Cancer Founda- man. His swing looked pretty much his life. He is a perfect example of how tion. like the guys’ you would see on a Americans should live—and I state: The Arnold Palmer Cancer Pavilion course on a weekend. It definitely was how Americans should live. Arnold fulfills a longtime dream of his to offer not the picture perfect one of a pro, but Palmer’s way of life is a perfect exam- outpatient oncology and testing. They it did matter. Arnold Palmer was a ple of how all Americans should give— are committed to the prevention, de- man who understood the history and how Americans should give. tection, diagnosis, and treatment of continuity of the game. He is a devoted husband, father and cancer in his home town. Born in a steel town east of Pitts- grandfather who cares for his family The Winnie Palmer Nature Reserve burgh, he moved to Latrobe, Pennsyl- and who has helped many other fami- Trust’s mission is to permanently im- vania with his parents when he was

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4860 CONGRESSIONAL RECORD — HOUSE April 28, 2009 young. His father was known as Deacon And a handshake means something has that twin set of golf balls mounted Palmer, who worked at the Latrobe to Arnold Palmer. Very famously, he on the wall in his office. This is when Country Club for years, rising from a had that long-term agreement with his he hit the back-to-back holes-in-one in groundskeeper to a teaching pro. He former manager, Mark McCormack, 1968 at TPC Avondale. He hit it one started his son at the age of 3 with a that lasted from 1960 until his death in year—I think it was the No. 5 hole, I’m set of golf clubs and, really, was Arnold May of 2003. He has the same kind of not sure—hit it and the next day he Palmer’s only teacher. agreement with Doc Giffin, his assist- shows up on the hole again and there’s Years later, in 1960, Palmer began a ant. That’s the way Arnold does busi- all the camera crews there. He said, successful crusade to resurrect the sta- ness. A handshake means something to ‘‘What are you doing here?’’ They said, tus of the British Open at the old him. You don’t have to put it in writ- ‘‘We want to watch and see you hit an- course in St. Andrews, Scotland, be- ing. other hole-in-one.’’ He didn’t expect it, coming the first American of stature to We can also look at other parts of his but that’s what he did. play there since Ben Hogan. life. Back when he was a champion There’s a couple other things about Arnold Palmer put his good winnings golfer at Wake Forest, he left there him, too. In his office, he has a table, to use, becoming so involved in busi- after the death of a friend and joined and it’s filled with the medals that he ness that some thought it detracted the Coast Guard. And one would have receives from every tournament that from his golf game, but he also worked thought he gave up golf entirely except he wins. But there are a couple of tirelessly for various charities, spend- he went out and played a little golf in empty spaces on that table. I remem- ing 20 years as the honorary chairman Cleveland and rediscovered this great ber asking Arnold what those are for. of the March of Dimes Birth Defects talent he had, and, well, the rest be- He said, ‘‘You never know. You might Foundation and in spearheading the comes history. just win another medal.’’ Quite frank- creation of the Arnold Palmer Hospital But more so than the stories of golf ly, I think that would be a good place for Children and Women in Orlando, as are the stories of what he has done in for this Congressional Medal to go. well as raising funds for the Latrobe western Pennsylvania and really A story about him and golf was told Area Hospital Charitable Foundation around the Nation. to me by a person who probably doesn’t in his hometown. As a pilot, he helped to develop La- want me to use his name, so I won’t. You heard from Mr. BACA of many, trobe Airport, and interestingly But it’s probably some of the best golf many more things that he did, but as a enough, served in its authority for advice any of us could ever have and, Member of Congress from Illinois who many years except during a time when again, shows some of the spirit of Ar- has the most golf courses in her dis- he had his own business interests nold Palmer. trict in Illinois, I am honored to man- there. Being the true gentleman and He was playing with this other golfer age this bill. person of high ethics that he is, he who was not having a very good day With that, I urge Members to join me stepped off that aviation board for a and was probably doing his share of in support of H.R. 1243, introduced by while to make sure he didn’t have any slamming his club down and cussing the gentleman from California (Mr. conflicts of interest. and swearing, I suppose, as he shanked BACA). He’s also given a great deal to many the ball and hit it to the left and right With that, I would reserve the bal- charities. He helped establish the off the course. At some point, Palmer ance of my time. Winnie Palmer Nature Preserve that said to him, ‘‘Would you like some ad- just yesterday, there was the laughter vice?’’ Now, imagine what any of us, no b 1345 of children there on the St. Vincent’s matter what level of golf you have as Mr. BACA. Mr. Speaker, I reserve the College campus exploring that area in talent or lack thereof, if Arnold Palm- balance of my time. the woods and marshes that his former er, the King of Golf, says to you, Mrs. BIGGERT. Mr. Speaker, I would wife, Winnie, had talked about, how it ‘‘Would you like a little advice?’’ At like to yield such time as he may con- was so important to preserve that area. this point the golfer eagerly said, ‘‘Yes, sume to the gentleman from Pennsyl- He’s also given so much to Latrobe I’d love it.’’ And Palmer said to him, vania (Mr. MURPHY). Hospital where he remains head of ‘‘You’re not good enough to get mad.’’ Mr. TIM MURPHY of Pennsylvania. their charitable board after raising so Well, so it is great advice for all of Mr. Speaker, it is not often that we get many millions of dollars for that hos- us. We’re not good enough to get mad. to talk about people that we consider pital to help with charitable care. And Let’s leave that to the professionals in to be a true gentleman, a true friend also the Arnold Palmer Pavilion, part this. and a great American. That is what Ar- of Latrobe Hospital’s Mountain View But it is important that we recognize nold Palmer is to all of us. I am hon- Medical Park facility. Arnold is good enough to receive this ored that he lives in my congressional But beyond all of that, other ways to recognition. And I might say in all the district, at least during the warm describe him is when you go to his of- years I have known Arnold Palmer, months, out in Youngstown, Pennsyl- fice there—it’s along the same road he’s never asked me for anything— vania, an area close to Latrobe, Penn- where he grew up out there on Arnold well, except for one thing. The man sylvania, at the place that he grew up. Palmer Road it’s now called—you go up who seems to have it all has never Now, I am not a great golfer. And, in to his office and you’ll see it’s filled come to his Congressman saying, I fact, to discuss it at all would be an with trophies and photos of people he’s want you to do this or that. He just embarrassment to me. But I did have a played with of all levels. And of course asked this: When you drive down Ar- chance to play with Mr. Palmer once, that famous room where he always tin- nold Palmer Road and you come across and in so doing, traveling across his kers and works on his own putters and the entrance to Latrobe Country Club golf course, he points to a tree, or for- a wall filled with I don’t know how where the sign says ‘‘slow down, golf merly a tree, which is now carved in many thousands of putters. He’s got cart crossing,’’ he really doesn’t want the likeness of his father. And that another area there, a warehouse filled anybody to get hurt there, and he brings about many a story about Dea- with everything that anybody has ever would sure appreciate it if you just con and how he taught young Arnold to given him. In fact, I gave him some slowed down your car. play golf and many of the other things congressional golf balls, and he said, All in all, though, for a life that is about him that have become famous ‘‘I’ll put these in the warehouse with still very rich in its accomplishments icons: that tractor which he brings out everything else.’’ I’m sure he cata- and for a person who has made America now and then to show people when they logues it all. a better country because of what he come to the golf course, or how you I remember walking through and has done, not only for the sport of golf will often see Arnold sitting out there pointed to a certain club and said, ‘‘Do but for health and for so many people talking to anybody who comes by, you know what all these are for?’’ He around this country, Mr. Speaker, Ar- signing anything they put before him, said, ‘‘Sure.’’ You name a certain hole, nold Palmer is a man well-deserving of because he is just so close to the people a certain year, a certain course, he will this Congressional Medal. of the district and of America, always tell you what club he used and what Mr. BACA. I reserve the balance of willing to shake their hand. happened on that. Most famously he my time.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4861 Mrs. BIGGERT. Mr. Speaker, at this and I am very happy to add my two He felt that golf was an opportunity time I would yield such time as he may cents worth. I think it’s a great honor for himself to excel and show the world consume to the gentleman from Indi- for him, and I hope he does put it in a that others can participate in this ana (Mr. BURTON). very important place with all of his game and give back. He always be- Mr. BURTON of Indiana. Mr. Speak- other trophies. lieved in giving back to the commu- er, I thank my colleague over there Mr. BACA. Mr. Speaker, I reserve the nity, and that’s what he’s done. That’s who is a great golfer for introducing balance of my time. why our lives are a lot better, and he’s this resolution and my colleague from Mrs. BIGGERT. I have no further touched the lives of many individuals Pennsylvania. speakers and would yield back the bal- today that will always look at him, One of the things I will just say at ance of my time. that have followed him throughout the the outset is I envy you because you Mr. BACA. Mr. Speaker, first of all, I world in Arnie’s Army, now the Con- UDY BIGGERT. Thank you had a chance to play golf with him. would thank J gressional Army that he has out here, very much for being a cosponsor of this Tom Ridge, our former colleague, to say, Arnie, we now realize that you important legislation. I want to thank promised me when he became governor, did more than just golf. You did a lot TIM MURPHY and, of course, my good he was going to arrange for me to play for human beings in this world right friend DAN BURTON, who, as well, is an with Arnold Palmer, and he never did now. excellent golfer I’ve had the oppor- it. So when you see Governor Ridge, That’s why, Mr. Speaker, I ask us all tunity to play golf with on many occa- would you tell him I am still dis- to make sure that we support H.R. 1243, sions. And he does hit the ball a long appointed about that. Would you do to provide the award of the Gold Medal ways. Although we have a difficult that for me? Thank you. Be sure to tell on behalf of Congress to Arnold Palmer time in getting it in the hole in three him. in recognition of his service to this Na- There’s been a lot said about Arnold or four, whatever the course may be. tion in promoting excellence and good Palmer today, and I am not going to be Tim, I know that you had the privilege, sportsmanship. redundant and go over the things that like I, of playing with Arnold Palmer; Mr. MURTHA. Mr. Speaker, I rise today in have been said. But I will tell you this: and it’s really quite a memorable expe- support of H.R. 1243, which will award a Con- that I have been an avid golfer and rience. For those of us who have an op- gressional Gold Medal; to my good friend Ar- have followed golf all of my life as soon portunity to walk down the 18th hole, nold Palmer, recognizing his service to our na- as I was 12 years old, and there’s no- talk to him, look at his personality as tion in promoting excellence and good sports- body that I know that brought golf a human being. He’s one that’s touched manship in golf. from a minor sport into the major the life of many individuals. Arnold Palmer, who was born and raised in arena like Arnold Palmer did. For people that have watched him Years ago, he won the Los Angeles play golf and have played golf, and not Latrobe, Pennsylvania, is an extraordinary in- Open, and on the front page of the Indi- everybody can exert and be as good as dividual who has achieved greatness. Mr. anapolis Star newspaper they had a Arnold Palmer was—and is, still Palmer’s father, Deacon Palmer, taught him to picture of him with a check for $5,000, today—and what he has done for the play golf at an early age and he quickly ex- and he was holding it up like, ‘‘My game itself not only for individuals celled at the game. He continued playing while gosh. Isn’t this a tremendous amount that go there that when you’re playing attending Wake Forest University on a golf of money?’’ a lot of times, he is one that was a risk scholarship and while serving in the United When Arnold Palmer came on the taker, a challenger. He’s the one that States Coast Guard. scene and started making the great said when it was impossible to hit that After winning the U.S. Amateur Champion- comebacks that he did in the Masters kind of a shot, he would dare and hit in ship in 1954, Mr. Palmer turned pro. Since and U.S. Open and the PGA and British between woods, try to hit over trees, then he has won seven major championships, Open, he brought a new attitude to try to make sure that if there was a including winning the U.S. Open and the Open golf, a new sensation to golf. You lake, he says, ‘‘I’m going to get to the Championship twice, and was the first golfer talked about Arnie’s Army, and people tin cup of the world.’’ He was the tin to win the Masters Tournament four times. In across the country who didn’t play cup, except he got there and didn’t addition to winning 61 tournaments between golf, who weren’t really interested in have to take 12 strokes to get there. 1954 and 1975, he represented the United the sport, became interested because That’s one thing about Arnold Palm- States by playing in the Ryder Cup six times here was a guy you see on television er is he lifted the game to another level between 1961 and 1973 and by serving as coming down to the 16th or 17th hole, because he believed in the challenge of captain in 1963 and 1975. In 1963 he was the two shots behind, and you knew he was it. He just didn’t believe in just being last player to also serve simultaneously as going to be there at the end. He was a that safe person and getting a par on a captain. He also served as the Presidents Cup lot like Tiger Woods is today. He would par 4 or getting a par on a par 5 or par captain in 1996. knock in a putt at the 16th or 17th hole 3. He always went for that birdie or Over the course of his career, Mr. Palmer and everybody would go crazy, and he that eagle because a lot of times he was honored with many accolades. He was would win the tournament on the last reached it. the PGA Player of the Year in 1960 and 1962, one. We’ve seen Tiger Woods do that. As I stated before, can you imagine he won the Vardon Trophy four times, was Arnold Palmer was the Tiger Woods of what he would have been today if he named Sports Illustrated magazine’s Sports- his day. He made golf a tremendous had the kind of equipment that we man of the Year in 1960, and was inducted sport, a spectator sport, and he made it have right now in hitting the balls and into the World Golf Hall of Fame in 1974. He into something that every American is in playing. He’s one that excelled in was awarded the Presidential Medal of Free- now interested in. terms of having the excellence, because dom in 2004. He did a lot of humanitarian things. for those of us that even get over a Mr. Speaker, in addition to golf, Mr. Palmer I know you mentioned his involvement putt, it’s very difficult to be over a is an extraordinary businessman, a skilled avi- with children and the March of Dimes putt and then all of a sudden, you have ator, and a devoted family man. He founded and prostate cancer. He did all of those to make that putt. I happened to be the Arnold Palmer Pavilion at the University of things. But none of that wouldn’t have playing the other day, and I had maybe Pittsburgh Medical Center, which is helping occurred if he didn’t have the person- a two-and-a-half-foot putt for a birdie. many western Pennsylvanians in their battles ality and charisma that he showed on I missed it. Can you imagine him? He with cancer. Arnold Palmer is a favorite son of the golf course all those years. We had had the nerves to make sure that he Latrobe, Pennsylvania, inspiring many to work great players like Nicklaus, Player and not only made that putt but made hard and follow their dreams. He is truly de- Trevino and a whole host of them that every other putt. Nerves of steel. And serving of the Congressional Gold Medal. played with him, but Palmer was the for that, we will always remember that Mr. BACA. I yield back the balance man. He was the guy that we all he touched the lives of many individ- of my time. watched on Sunday afternoon and uals, and I think that’s important for a The SPEAKER pro tempore. The couldn’t wait to get to the TV set to lot of us, to know of a human being question is on the motion offered by cheer on. that really cared about people, that the gentleman from California (Mr. I am tickled to death that you’re wanted to make people a lot better, BACA) that the House suspend the rules moving this medal of honor for him, and he did it through golf. and pass the bill, H.R. 1243.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4862 CONGRESSIONAL RECORD — HOUSE April 28, 2009 The question was taken. program for its residents, it shall be entitled GENERAL LEAVE The SPEAKER pro tempore. In the to funding to cover the costs of up to one Mr. BACA. Mr. Speaker, I ask unani- opinion of the Chair, two-thirds being family self-sufficiency coordinator, based on mous consent that all Members may in the affirmative, the ayes have it. the size specified in its action plan for such have 5 legislative days within which to program. revise and extend their remarks on this Mr. BACA. Mr. Speaker, on that I de- ‘‘(v) STATE AND REGIONAL AGENCIES.—For mand the yeas and nays. purposes of calculating the family self-suffi- legislation and to insert additional ma- The yeas and nays were ordered. ciency portion of the administrative fee terials thereon. The SPEAKER pro tempore. Pursu- under this subparagraph, each administra- The SPEAKER pro tempore. Is there ant to clause 8 of rule XX and the tively distinct part of a State or regional objection to the request of the gen- Chair’s prior announcement, further public housing agency shall be treated as a tleman from California? proceedings on this motion will be separate agency. There was no objection. ‘‘(vi) DETERMINATION OF NUMBER OF COORDI- postponed. Mr. BACA. Mr. Speaker, I yield my- NATORS.—In determining whether a public self such time as I may consume. f housing agency meets a specific threshold I rise today in support of H.R. 46, the for funding pursuant to this paragraph, the Family Self-Sufficiency Act of 2009. I b 1400 number of participants being served by the agency in its family self-sufficiency program thank the gentlewoman from Illinois, FAMILY SELF-SUFFICIENCY ACT shall be considered to be the average number Representative BIGGERT, for intro- OF 2009 of families enrolled in such agency’s pro- ducing this critical legislation which Mr. BACA. Mr. Speaker, I move to gram during the course of the most recent provides housing agencies with much- suspend the rules and pass the bill fiscal year for which the Department of needed administrative funds. Housing and Urban Development has data. H.R. 46 provides public housing agen- (H.R. 46) to provide for payment of an ‘‘(C) PRORATION.—If insufficient funds are cies with a funding source to cover the administrative fee to public housing available in any fiscal year to fund all of the costs of administering Family Self-Suf- agencies to cover the costs of admin- coordinators authorized under this section, ficiency, or FSS, programs in connec- istering family self-sufficiency pro- the first priority shall be given to funding tion with HUD’s section 8 voucher pro- grams in connection with the housing one coordinator at each agency with an ex- isting family self-sufficiency program. The gram. choice voucher program of the Depart- This legislation enhances the FSS ment of Housing and Urban Develop- remaining funds shall be prorated based on the number of remaining coordinators to programs by providing housing au- ment. which each agency is entitled under this sub- thorities with additional coordinator The Clerk read the title of the bill. paragraph. funding so that they can help more The text of the bill is as follows: ‘‘(D) RECAPTURE.—Any fees allocated under families participate in the programs. It H.R. 46 this subparagraph by the Secretary in a fis- establishes a minimal ratio of coordi- cal year that have not been spent by the end Be it enacted by the Senate and House of Rep- of the subsequent fiscal year shall be recap- nators to participants to ensure that resentatives of the United States of America in tured by the Secretary and shall be available there is adequate assistance to provide Congress assembled, for providing additional fees pursuant to sub- all of the families enrolled in the FSS SECTION 1. SHORT TITLE. paragraph (B)(ii). program. This Act may be cited as the ‘‘Family Self- ‘‘(E) PERFORMANCE STANDARDS.—Within six H.R. 46 requires HUD to establish and Sufficiency Act of 2009’’. months after the date of the enactment of implement performance measures, col- SEC. 2. ADMINISTRATIVE FEES FOR FAMILY this paragraph, the Secretary shall publish a lect data on FSS programs, and report SELF-SUFFICIENCY PROGRAM proposed rule specifying the performance to Congress on the effectiveness of COSTS. standards applicable to funding under Subsection (h) of section 23 of the United clauses (ii) and (iii) of subparagraph (B). these programs. States Housing Act of 1937 (42 U.S.C. Such standards shall include requirements With this additional funding, HUD 1437u(h)) is amended by striking paragraph applicable to the leveraging of in-kind serv- will have the flexibility needed to re- (1) and inserting the following new para- ices and other resources to support the goals ward innovative and successful FSS graph: of the family self-sufficiency program. programs. And that is important for a ‘‘(1) SECTION 8 FEES.— ‘‘(F) DATA COLLECTION.—Public housing lot of us, to have the flexibility to re- ‘‘(A) IN GENERAL.—The Secretary shall es- agencies receiving funding under this para- ward those programs that are doing a tablish a fee under section 8(q) for the costs graph shall collect and report to the Sec- good job. Mr. Speaker, as someone who incurred in administering the self-suffi- retary, in such manner as the Secretary ciency program under this section to assist shall require, information on the perform- comes from a district that has been one families receiving voucher assistance ance of their family self-sufficiency pro- of the hardest hit by the foreclosure through section 8(o). grams. crisis—and that is in the Inland Em- ‘‘(B) ELIGIBILITY FOR FEE.—The fee shall ‘‘(G) EVALUATION.—The Secretary shall pire—I can tell you that there is great- provide funding for family self-sufficiency conduct a formal and scientific evaluation of er need now than ever before for public coordinators as follows: the effectiveness of well-run family self-suf- housing. ‘‘(i) BASE FEE.—A public housing agency ficiency programs, using random assignment The FSS program works. It provides serving 25 or more participants in the family of participants to the extent practicable. Not struggling families with the assistance self-sufficiency program under this section later than the expiration of the 4-year period they need, while also lessening their shall receive a fee equal to the costs of em- beginning upon the enactment of this para- ploying one full-time family self-sufficiency graph, the Secretary shall submit an interim reliance on public housing so that they coordinator. An agency serving fewer than 25 evaluation report to the Congress. Not later can eventually become self-sufficient such participants shall receive a prorated than the expiration of the 8-year period be- homeowners and renters. fee. ginning upon such enactment, the Secretary In my district, the waiting list for af- ‘‘(ii) ADDITIONAL FEE.—An agency that shall submit a final evaluation report to the fordable housing for some families is as meets minimum performance standards shall Congress. There is authorized to be appro- long as 10 years, and that is a shame receive an additional fee sufficient to cover priated $10,000,000 to carry out the evalua- that it has to be as long as 10 years. In the costs of employing a second family self- tion under this subparagraph. sufficiency coordinator if the agency has 75 this time of economic difficulty, we ‘‘(H) INCENTIVES FOR INNOVATION AND HIGH must support legislation that provides or more participating families, and a third PERFORMANCE.—The Secretary may reserve such coordinator if it has 125 or more partici- up to 10 percent of the amounts made avail- funds for public housing agencies that pating families. able for administrative fees under this para- put more families on the path back to ‘‘(iii) PREVIOUSLY FUNDED AGENCIES.—An graph to provide support to or reward family economic security. agency that received funding from the De- self-sufficiency programs that are particu- Again, I want to thank Representa- partment of Housing and Urban Development larly innovative or highly successful in tive BIGGERT for her hard work on H.R. for more than three such coordinators in any achieving the goals of the program.’’. 46 and her commitment to this issue. of fiscal years 1999 through 2008 shall receive The SPEAKER pro tempore. Pursu- Thank you for your commitment to funding for the highest number of coordina- tors funded in a single fiscal year during ant to the rule, the gentleman from this issue on behalf of all the families that period, provided they meet applicable California (Mr. BACA) and the gentle- that will be impacted. size and performance standards. woman from Illinois (Mrs. BIGGERT) I urge my colleagues to support the ‘‘(iv) INITIAL YEAR.—For the first year in each will control 20 minutes. Family Self-Sufficiency Act. which a public housing agency exercises its The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of right to develop an family self-sufficiency from California. my time.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4863 Mrs. BIGGERT. Mr. Speaker, I yield thority gets funding for one coordi- mately provide more families with the op- myself such time as I may consume. nator for 25-plus families enrolled in its portunity to build assets and work toward Mr. Speaker, as the author of H.R. 46, FSS program; with 75 or more families self-sufficiency. As you know, changes in the way Section the Family Self-Sufficiency Act, I en- enrolled, funding for two coordinators; 8 FSS funding has been allocated for FSS co- courage all my colleagues to support and with 125 or more families enrolled, ordinators in recent years has caused many this important legislation which will funding for three coordinators. It also housing agencies to experience sudden fund- help more disadvantaged families gain requires HUD to establish and imple- ing cut-offs and declining enrollment. More- independence from government assist- ment performance measures, collect over, many participants have been left with- ance. data on FSS programs, evaluate their out the necessary program coordinators who Thanks to the support of my col- effectiveness, and report to Congress are critical to their access to services and support and mentorship for their progress to- league from California (Ms. WATERS) on its findings. Finally, the bill pro- ward self-sufficiency. last Congress as a part of the larger vides some funding flexibility to re- The FSS Act of 2007 addresses this problem section 8 voucher reform package and ward innovative and successful pro- and places the FSS program back on its as a stand-alone measure, twice the grams. original path as a proven approach for help- House passed the Family Self-Suffi- FSS works. It is a helping hand, not ing families in the Housing Choice Voucher ciency Act. Today, we will again con- a handout, to American families who program lift themselves out of poverty and sider the same measure. are working to become independent of achieve their dream of education, entrepre- The Senate didn’t act on section 8 re- government assistance. With the chal- neurship or homeownership in a safe, viable lenges American families face in this way. form legislation last Congress, which is We also support the Section 8 Voucher Re- why we are moving this legislation economy, the Family Self-Sufficiency form Act of 2007 (SEVRA), H.R. 1851, voucher again. The Family Self-Sufficiency Program, and those like my con- reform legislation, that proposed similar Program, also called FSS, is offered in stituent who have benefited from it, changes to the FSS administrative funding connection with the Department of are a glimmer of hope. With this pro- process and also makes critical improve- Housing and Urban Development Sec- gram, families can successfully make ments to the overall Section 8 voucher pro- tion 8 Housing Choice Voucher Pro- ends meet, raise children, get an edu- gram. By stabilizing funding for the Section gram. cation, secure a job, and achieve the 8 voucher program, SEVRA not only allows Local public housing authorities em- dream of homeownership. It is a sim- the voucher program to run more efficiently ple, bipartisan step that we can take and effectively but ensures that funding is ploy FSS coordinators and administer available for the asset-building escrow ac- these programs. In addition to rental now to ensure that a brief period of counts provided through FSS. housing assistance, FSS programs con- economic hardship doesn’t turn into a Together, the FSS Act and SEVRA can nect families to housing counseling, lifetime of poverty and dependence for help restore the strength to the Section 8 job training, child care, education, and many of our Nation’s most vulnerable voucher program, the nation’s leading source other services to help them reduce families. It does so by addressing the of housing assistance for low-income people lack of consistent Federal funding for and a critical base for the FSS program. their dependence on public assistance. Again, we thank you for the introduction FSS also helps families save for home- administering FSS services. of the Family Self-Sufficiency Act of 2007 ownership. Mr. Speaker, these are good, flexible and for your continued support of the FSS The FSS program is well worth it. programs that help put disadvantaged program. We look forward to your continued Let me give you a quick example of an families on the path to independence. leadership in support of FSS and the Section FSS success story from my congres- Public housing can be an important 8 voucher program. sional district. safety net, but it is not a permanent Sincerely, After 6 years of service, a Navy vet- solution. Let’s give these individuals AMERICAN ASSOCIATION OF eran and a single mom of two secured all the support we can to help them SERVICE COORDINATORS. CORPORATION FOR a part-time job, and thanks to the GI stand on their own two feet. As I conclude, I would like to thank ENTERPRISE Bill, enrolled as a full-time student. DEVELOPMENT. Despite struggling to make ends meet, everyone who made this bill possible, NATIONAL HOUSING she received her degree and enrolled in including John Day, president of the CONFERENCE. the DuPage County Housing Authority DuPage Housing Authority; Jeffrey NEW AMERICA FOUNDATION. Family Self-Sufficiency Program. This Lubell, executive director of the Center Ms. JACKSON-LEE of Texas. Mr. Speaker, program connected her to a re´sume´ for Housing Policy; and the folks at the I rise today in strong support of H.R. 46, ‘‘The writing class at the University of Illi- American Association of Service Coor- Family Self-Sufficiency Act of 2009.’’ This bill nois’ Employment Training Center. dinators, the National Housing Con- expresses the importance of providing pay- Within a week of posting her newly ference, the New America Foundation, ment for an administrative fee to public hous- polished re´sume´, she secured inter- and the Corporation for Enterprise De- ing agencies to cover the cost of administering views and eventually a full-time job velopment. And of course I would like family self-sufficiency programs in connection that doubled her salary. She also to thank my constituent for her cour- with the housing choice voucher program of worked with a financial planner to im- age and willingness to let me share her the Department of Housing and Urban Devel- prove her budgeting and management success story with all of you today, and opment. skills. Today, this single mother and the gentleman from California (Mr. Housing choice vouchers allow low-income veteran is an independent and self-suf- BACA) for managing this bill. families to choose and lease or purchase safe, ficient homeowner, a long way from At this time, I would like to insert decent, and affordable privately-owned rental public housing. into the RECORD a 2008 letter from the housing. Since housing assistance is provided So what is the problem? Well, in fis- American Association of Service Coor- on behalf of the family or individual, partici- cal year 2004, HUD changed its FSS co- dinators. pants are able to find their own housing, in- ordinator funding process, and the re- SEPTEMBER 24, 2008. cluding single-family homes, townhouses and sult, in a 20-month period: the number Hon. JUDY BIGGERT, apartments. The participant is free to choose of FSS coordinators dropped by about Ranking Member, Financial Institutions and any housing that meets the requirements of two-thirds, and 4,000 fewer families par- Consumer Credit Subcommittee of the House Financial Services Committee, House of the program and is not limited to units located ticipated in the program. HUD has at- Representatives, Washington, DC. in subsidized housing projects. Housing choice tempted to fix the mistake, but with- DEAR RANKING MEMBER BIGGERT: On behalf vouchers are administered locally by public out success. So that is why H.R. 46 is of the undersigned organizations, we write to housing agencies (PHAs). The PHAs receive necessary, to ensure that public hous- thank you for the introduction of the Family federal funds from the U.S. Department of ing authorities have consistent coordi- Self-Sufficiency Act of 2007 and for your sup- Housing and Urban Development (HUD) to nator funding necessary to administer port of stabilized funding for the HUD Fam- administer the voucher program. ily Self-Sufficiency program (FSS). the program and serve people who We appreciate your recognition of the im- A family that is issued a housing voucher is choose the FSS path to independence. portance of stable, predictable funding for responsible for finding a suitable housing unit H.R. 46 establishes a minimum ratio the FSS program. The improvements pre- of the family’s choice where the owner agrees of program coordinators to partici- scribed in the FSS Act will enable agencies to rent under the program. This unit may in- pants; ensures the Public Housing Au- to run effective FSS programs and ulti- clude the family’s present residence. Rental

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4864 CONGRESSIONAL RECORD — HOUSE April 28, 2009 units must meet minimum standards of health to develop a comprehensive program that The question was taken. and safety, as determined by the PHA. A gives participating FSS family members the The SPEAKER pro tempore. In the housing subsidy is paid to the landlord directly skills and experience to enable them to obtain opinion of the Chair, two-thirds being by the PHA on behalf of the participating fam- employment that pays a living wage. FSS was in the affirmative, the ayes have it. ily. The family then pays the difference be- established in 1990 by section 554 of the Na- Mr. BACA. Mr. Speaker, I object to tween the actual rent charged by the landlord tional Affordable Housing Act. It is a successor the vote on the ground that a quorum and the amount subsidized by the program. program to project self-sufficiency and oper- is not present and make the point of Under certain circumstances, if authorized by ation bootstrap. FSS program services may in- order that a quorum is not present. the PHA, a family may use its voucher to pur- clude, but are not limited to: child care, trans- The SPEAKER pro tempore. Pursu- chase a modest home. portation, education, job training and employ- ant to clause 8 of rule XX and the Eligibility for a housing voucher is deter- ment counseling, substance/alcohol abuse Chair’s prior announcement, further mined by the PHA based on the total annual treatment or counseling, household skill train- proceedings on this motion will be gross income and family size and is limited to ing, and homeownership counseling. postponed. U.S. citizens and specified categories of non- For the most part, PHAs must rely on their The point of no quorum is considered citizens who have eligible immigration status. own or other local resources to operate FSS withdrawn. In general, the family’s income may not ex- programs. However, under the authority of an- f ceed 50 percent of the median income for the nual appropriations acts, HUD has been able RAISING THE CASE OF ROBERT county or metropolitan area in which the family to provide some funding for FSS program co- LEVINSON WITH IRAN chooses to live. By law, a PHA must provide ordinators to assist PHAs in operating housing Mr. SCOTT of Georgia. Mr. Speaker, 75 percent of its voucher to applicants whose choice voucher FSS programs. With this act, I move to suspend the rules and agree incomes do not exceed 30 percent of the area the secretary shall establish a fee for the costs to the concurrent resolution (H. Con. median income. incurred in administering the self-sufficiency Res. 36) calling on the President and Since the demand for housing assistance program under this section to assist families the allies of the United States to en- often exceeds the limited resources available receiving voucher assistance through section gage with officials of the Government to HUD and the local housing agencies, long 8. A public housing agency serving 25 or more of Iran to raise the case of Robert waiting periods are common. In fact, a PHA participants in the family self-sufficiency pro- Levinson at every opportunity, urging may close its waiting list when it has more gram under this section shall receive a fee officials of the Government of Iran to families on the list than can be assisted in the equal to the costs of employing one full-time fulfill their promises of assistance to near future. family self-sufficiency coordinator. An agency the family of Robert Levinson, and PHAs may establish local preferences for serving fewer than 25 such participants shall selecting applicants from its waiting list. For calling on the Government of Iran to receive a prorated fee. An agency that meets share the results of its investigation example, PHAs may give a preference to a minimum performance standards shall receive family who is (1) homeless or living in sub- into the disappearance of Robert an additional fee sufficient to cover the costs Levinson with the Federal Bureau of standard housing, (2) paying more than 50 of employing a second family self-sufficiency percent of its income for rent, or (3) involun- Investigation, as amended. coordinator if the agency has 75 or more par- The Clerk read the title of the con- tarily displaced. Families who qualify for any ticipating families, and a third such coordinator current resolution. such local preferences move ahead of other if it has 125 or more participating families. An The text of the concurrent resolution families on the list who does not qualify for agency that received funding from the Depart- is as follows: any preference. Each PHA has the discretion ment of Housing and Urban Development for H. CON. RES. 36 to establish local preferences to reflect the more than three such coordinators in any of housing needs and priorities of its particular Whereas United States citizen Robert fiscal years 1999 through 2008 shall receive Levinson is a retired agent of the Federal community. funding for the highest number of coordinators Bureau of Investigation, a resident of Flor- When the voucher holder finds a unit that it funded in a single fiscal year during that pe- ida, the husband of Christine Levinson, and wishes to occupy and reaches an agreement riod, provided they meet applicable size and father of their 7 children; with the landlord over the lease terms, the performance standards. For the first year in Whereas Robert Levinson traveled from PHA determines a payment standard that is which a public housing agency exercises its Dubai to Kish Island, Iran, on March 8, 2007; the amount generally needed to rent a mod- right to develop a family self-sufficiency pro- Whereas, after traveling to Kish Island and checking into the Hotel Maryam, he dis- erately-priced dwelling unit in the local housing gram for its residents, it shall be entitled to market and that is used to calculate the appeared on March 9, 2007; funding to cover the costs of up to one family Whereas neither his family nor the United amount of housing assistance a family will re- self-sufficiency coordinator, based on the size States Government has received further in- ceive. However, the payment standard does specified in its action plan for such program. formation on his fate or whereabouts; not limit and does not affect the amount of The family self-sufficiency program will truly Whereas March 9, 2009, marks the second rent a landlord may charge or the family may benefit those who really need a helping hand anniversary of the disappearance of Robert pay. A family which receives a housing vouch- out of poverty. However, there needs to be Levinson; er can select a unit with a rent that is below monetary assistance given to the Department Whereas the Government of Switzerland, or above the payment standard. The housing of Housing and Urban Development so that which has served as the Protecting Power for voucher family must pay 30 percent of its the United States in the Islamic Republic of they might hire the needed staff to maximize Iran in the absence of diplomatic relations monthly adjusted gross income for rent and the use of federal funds and improve the lives between the Government of the United utilities, and if the unit rent is greater than the of others. The family self-sufficiency act will States and the Government of Iran since payment standard, the family is required to ensure that these objectives are met. I urge 1980, has continuously pressed the Govern- pay the additional amount. By law, whenever my colleagues to join me in supporting ‘‘The ment of Iran on the case of Robert Levinson a family moves to a new unit where the rent Family Self-Sufficiency Act of 2009.’’ and lent vital assistance and support to the exceeds the payment standard, the family may Mrs. BIGGERT. With that, I have no Levinson family during their December 2007 not pay more than 40 percent of its adjusted further speakers, and I yield back the visit to Iran; monthly income for rent. The PHA calculates balance of my time. Whereas officials of the Government of Iran promised their continued assistance to the maximum amount of housing assistance Mr. BACA. Mr. Speaker, first of all, I the relatives of Robert Levinson during the allowable. The maximum housing assistance would like to thank again JUDY visit of the family to the Islamic Republic of is generally the lesser of the payment stand- BIGGERT for her leadership in pre- Iran in December 2007; and ard minus 30 percent of the family’s monthly venting homelessness. I urge my col- Whereas the Government of Iran, including adjusted income or the gross rent for the unit leagues to support H.R. 46, the Fami- through a statement made during an inter- minus 30 percent of monthly adjusted income. lies Self-Sufficiency Act of 2009. view with NBC News broadcast on July 28, The family self-sufficiency (FSS) is a HUD Mr. Speaker, I yield back the balance 2008, has declared that its officials are will- program that encourages communities to de- of my time. ing to cooperate with the Federal Bureau of velop local strategies to help voucher families The SPEAKER pro tempore. The Investigation in the search for Robert Levinson: Now, therefore, be it obtain employment that will lead to economic question is on the motion offered by Resolved by the House of Representatives (the independence and self-sufficiency. Public the gentleman from California (Mr. Senate concurring), That Congress— housing agencies work with welfare agencies, BACA) that the House suspend the rules (1) commends the Embassy of Switzerland schools, businesses, and other local partners and pass the bill, H.R. 46. in Tehran, Iran, and the Government of

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4865 Switzerland for the ongoing assistance to the to raise the case of Mr. Levinson with to be concerned about. We have a Government of the United States and to the the Iranians at every opportunity. In- young reporter who has disappeared family of Robert Levinson, particularly dur- deed, this process has already begun. over there and is unaccounted for. Mr. ing the visit by Christine Levinson and other During a March 31 conference in The Levinson is unaccounted for. This Gov- relatives to Iran in December 2007; (2) notes that Iranian officials ensured the Hague, Ambassador Richard Holbrook ernment of Iran should join the family safety of the family of Robert Levinson dur- handed an Iranian diplomat a diplo- of nations and start being like every- ing their December 2007 visit to Iran, and matic letter asking Tehran to ensure body else and admiring and living up to have promised their continued assistance; the quick and safe return of Mr. the human rights that we all respect (3) urges the Government of Iran, as a hu- Levinson, as well as freelance jour- and admire. manitarian gesture, to intensify its coopera- nalist Roxana Saberi and student Esha With that, Mr. Speaker, I yield back tion on the case of Robert Levinson with the Momeni, both of whom are being held the balance of my time. Embassy of Switzerland in Tehran and to in Iran. The resolution also urges the Mr. SCOTT of Georgia. Mr. Speaker, share the results of its investigation into the Government of Iran to fulfill its pledge this is a very important and timely disappearance of Robert Levinson with the to cooperate with the FBI. Both of resolution. As we have spoken to it, I Federal Bureau of Investigation; think we all see its urgency, its hu- (4) urges the President and the allies of the these requests are more than fully ap- United States to raise at every opportunity propriate. manitarian nature, and the very impor- in all appropriate multilateral and bilateral Mr. Speaker, our hearts go out to the tant challenge to the people of Iran and fora the case of Robert Levinson; and Levinson family. And we remain deeply the leaders of Iran to do the right thing (5) expresses sympathy to the family of committed to learning Mr. Levinson’s in this case. Robert Levinson during this trying period. fate in Iran and, if possible, hopefully Mr. WEXLER. Mr. Speaker, I introduced The SPEAKER pro tempore. Pursu- returning him home safe and sound. House Concurrent Resolution 36 earlier this year to shed light on my constituent from ant to the rule, the gentleman from b 1415 Georgia (Mr. SCOTT) and the gentleman Coral Springs, Florida, Robert Levinson, who from Indiana (Mr. BURTON) each will I strongly support this resolution, disappeared from Iran’s Kish Island on March control 20 minutes. and I urge all my colleagues to do like- 9, 2007. More than two years later, there are The Chair recognizes the gentleman wise. And I want to thank the gen- disturbingly few known details about his from Georgia. tleman from Florida (Mr. WEXLER) for whereabouts. GENERAL LEAVE introducing this resolution. What we do know, however, is that Mr. Mr. SCOTT of Georgia. Mr. Speaker, Mr. Speaker, I reserve the balance of Levinson, a former FBI agent, was last heard I ask unanimous consent that all Mem- my time. from on March 8, 2007 by his wife Christine, Mr. BURTON of Indiana. Mr. Speak- bers may have 5 legislative days to re- while he was working in Dubai as a private in- er, I yield myself such time as I may vise and extend their remarks and in- vestigator. According to his family, he checked consume. clude extraneous material on the reso- into a hotel on Kish Island and checked out (Mr. BURTON of Indiana asked and lution under consideration. the following morning to fly back to the United The SPEAKER pro tempore. Is there was given permission to revise and ex- States. Unfortunately, Mr. Levinson never ar- objection to the request of the gen- tend his remarks.) rived at the airport for his flight, and there is Mr. BURTON of Indiana. Mr. Speak- tleman from Georgia? no accounting for what happened to him after There was no objection. er, over 2 years after disappearing on he left the hotel. Mr. SCOTT of Georgia. Mr. Speaker, Kish Island in Iran, Robert Levinson, In December 2007, the Levinson family, with I rise in strong support of this very im- who my colleague has just described as assistance from Swiss officials in Tehran, trav- portant resolution, and I yield myself a U.S. citizen and a resident of Florida, eled to the hotel where Mr. Levinson was last such time as I may consume. remains missing. During that time, the seen and passed out flyers in Farsi with his Mr. Speaker, last month, President regime in Iran has continually ob- photo. They also met with local Iranian au- Obama delivered a very important structed efforts by the United States thorities to seek their assistance in gaining in- video message to the Iranian people Government to investigate Mr. formation about Mr. Levinson’s disappearance. and to Iran’s leaders, coinciding with Levinson’s disappearance. As Senator The authorities in Iran pledged to assist the Iran’s Festival of Nowruz, a 12-day hol- BILL NELSON stated on January 13 of Levinson family in their efforts to determine iday marking the new year. this year at a hearing of the Senate Robert’s whereabouts and to investigate the Mr. Speaker, I support President Foreign Relations Committee, in Iran circumstances surrounding his disappearance. Obama’s spirit of engagement, and I ‘‘the door has been closed at every sin- Despite its pledge, the government of Iran has share his view that the United States gle turn.’’ not followed through on its promises to the and the international community Mr. Levinson is a 28-year veteran of Levinson family. In fact, the Iranian govern- should try to persuade Iran, through the FBI and the Drug Enforcement Ad- ment has stonewalled any effort to gain perti- both diplomacy and economic sanc- ministration. He and his family, in- nent information—claiming they have zero tions, to comply with its legal obliga- cluding his wife and seven children, de- knowledge about Mr. Levinson’s whereabouts. tions under the Nuclear Non-Prolifera- serve our every effort to determine his I want to praise the decision of the Obama tion Treaty and under numerous status and hopefully to secure his free- Administration to raise Mr. Levinson’s case di- United Nations Security Council reso- dom and safe return home. Therefore, I rectly with the Iranian government. During last lutions. strongly support House Concurrent week’s hearing in the House Foreign Affairs Mr. Speaker, Mr. Robert Levinson, a Resolution 36, which urges the Iranian Committee, I raised Mr. Levinson’s disappear- retired agent with the Federal Bureau Government to intensify its coopera- ance with Secretary of State Clinton, and she of Investigation, disappeared in Iran tion on Mr. Levinson’s case, with the confirmed that Mr. Levinson was mentioned in over 2 years ago. There is no better Swiss Embassy in Tehran, and to share a letter delivered by Ambassador Holbrooke to time than now, in the spirit of engage- the results of its investigation with the Iranian officials at The Hague and reiterated ment with Iran, for the Government of FBI. her unwavering commitment to press this Iran to share the results of its inves- This legislation also urges the Presi- issue at every opportunity. tigation into Mr. Levinson’s disappear- dent and U.S. allies to raise Mr. While I am certain that Secretary Clinton ance with the FBI. Indeed, the Iranian Levinson’s case in all appropriate mul- and the Obama Administration will make every President Mahmoud Ahmadinejad, in tilateral and bilateral forums and ex- attempt to bring Mr. Levinson’s home, it is crit- an interview with NBC on July 28, 2008, presses our sympathy to Mr. ical that Congress express its unequivocal stated that the Iranian Government Levinson’s family during this very dif- support for her efforts and send a clear state- was willing to cooperate with the FBI ficult and trying time. ment that the Administration must employ in the search for Mr. Robert Levinson. I thank my good friend and colleague every diplomatic tool at its disposal to locate Iranian officials also promised their Mr. WEXLER, the chairman of the Mr. Levinson and return him to the United continued assistance to his relatives House Foreign Affairs Subcommittee States. during the Levinson family’s visit to on Europe, for introducing this resolu- House Concurrent Resolution 36 calls on Iran in December of 2007. tion. President Obama and allies of the United This resolution under consideration This is the kind of thing, Mr. Speak- States around the world to engage with offi- urges President Obama and our allies er, that everybody in the world ought cials of the Government of Iran to raise the

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4866 CONGRESSIONAL RECORD — HOUSE April 28, 2009 case of Robert Levinson at every opportunity. Whereas rescue organizations, volunteers, tral America in January of this year. It also urges officials of the Government of and agencies from throughout Guatemala The first was a landslide that occurred Iran to fulfill their promises of assistance to the had been working at the site until danger of on January 4, 2009, in Guatemala. The family of Robert Levinson, and calls upon Iran another landslide shut down the operation; second was an earthquake on January Whereas, on January 8, 2009, at 1:21PM, a to share the results of its investigation into his 6.1 magnitude earthquake shook the Capital 8, 2009, in Costa Rica. disappearance with the FBI. Passage of this region of San Jose, Costa Rica, including the The resolution before us conveys the resolution sends a clear signal that the Con- areas of Sarapiqui, Varablanca, and Poasito; deepest condolences of Congress to the gress stands with the Levinson family and be- Whereas the earthquake’s epicenter was 20 families of the victims and urges that lieves all efforts should be exhausted to en- miles from San Jose at a depth of 21.7 miles the United States Government main- sure Robert Levinson is found and brought and the shaking continued for 40 seconds; tain technical assistance to Central home safely. Whereas 23 individuals were confirmed American countries regarding disaster I want to once again express my unwaver- dead, over 100 were treated for injuries, and management and mitigation. ing solidarity and backing for the Levinson nearly a dozen went missing, including many On January 4, 2009, millions of tons of buried by the resulting landslides; family and offer all of my support in their ef- Whereas 518 homes were destroyed to the earth fell onto a road in the Alta forts to return Robert Levinson home. I urge point where they were uninhabitable, 26 kilo- Verapaz area, north of Guatemala City all of my colleagues to support the passage of meters of road were unusable, and 61 commu- in Guatemala. Apparently, a geological this resolution. nities were affected; fault triggered the movement of earth, Mr. SCOTT of Georgia. Mr. Speaker, Whereas roads, businesses, government sending 10 million tons of mud and I have no further requests for time, and buildings, and the popular tourist sites at rock down a hillside onto a road that I yield back the balance of my time. the Poas Volcano and the La Paz waterfalls runs from San Cristobal Verapaz to The SPEAKER pro tempore (Mr. were severely damaged; and Chicaman, north of Guatemala City. At Whereas Guatemala and Costa Rica have CUELLAR). The question is on the mo- least 38 people were confirmed dead tion offered by the gentleman from been frequently impacted by significant nat- ural disasters, including those in the after- and up to 60 were missing, many of Georgia (Mr. SCOTT) that the House math of Hurricane Stan in Guatemala in 2005 whom were coffee workers in the re- suspend the rules and agree to the con- that led to hundreds of deaths: Now, there- gion. current resolution, H. Con. Res. 36, as fore, be it Four days later, on January 8, 2009, a amended. Resolved, That— 6.1 magnitude earthquake shook the The question was taken; and (two- (1) the House of Representatives— capital region of San Jose, Costa Rica. thirds being in the affirmative) the (A) mourns the terrible loss of life caused The earthquake’s epicenter was 20 rules were suspended and the concur- by the landslide that occurred on January 4, miles from San Jose at a depth of 21.7 rent resolution, as amended, was 2009, in Guatemala and the earthquake on miles, and the shaking continued for 40 agreed to. January 8, 2009, in Costa Rica; The title was amended so as to read: (B) expresses its deepest condolences to the seconds. Twenty-three individuals were ‘‘A concurrent resolution calling on families of the many victims; and confirmed dead, over 100 were treated (C) applauds the prompt humanitarian re- the President and the allies of the for injuries, and nearly a dozen went sponses to these natural disasters by the missing, including many buried by re- United States to raise in all appro- Governments of Guatemala and Costa Rica; priate bilateral and multilateral fora sulting landslides. and Guatemala and Costa Rica have been the case of Robert Levinson at every (2) it is the sense of the House of Rep- opportunity, urging Iran to fulfill their resentatives that it should be the policy of frequently impacted by significant nat- promises of assistance to the family of the United States to— ural disasters including those in the Robert Levinson, and calling on Iran to (A) continue technical assistance to Cen- aftermath of Hurricane Stan in Guate- share the results of its investigation tral American governments in order to mala in 2005 that led to hundreds of strengthen their capacity at the national, into the disappearance of Robert deaths. provincial, and local levels in the area of dis- I agree wholeheartedly that it should Levinson with the Federal Bureau of aster management coordination and pre- be the policy of the United States to Investigation’’. paredness, including implementing informa- continue technical assistance to gov- A motion to reconsider was laid on tion and communications systems to help the table. with the response to natural disasters; and ernments in the region at the national, provincial, and local levels in the area f (B) work closely with the governments of these countries to improve disaster mitiga- of the disaster management coordina- MOURNING VICTIMS OF GUATE- tion techniques and compliance among all tion. It is also essential that the MALA LANDSLIDE AND COSTA key sectors of their societies. United States take a long-term view RICA EARTHQUAKE The SPEAKER pro tempore. Pursu- with its regional partners and help Mr. SCOTT of Georgia. Mr. Speaker, ant to the rule, the gentleman from them improve disaster mitigation tech- I move to suspend the rules and agree Georgia (Mr. SCOTT) and the gentleman niques. to the resolution (H. Res. 76) mourning from Indiana (Mr. BURTON) each will Mr. Speaker, I urge my colleagues to the horrific loss of life in January 2009 control 20 minutes. support this very important and nec- caused by a landslide in Guatemala and The Chair recognizes the gentleman essary and timely resolution. an earthquake in Costa Rica and ex- from Georgia. Mr. Speaker, I reserve the balance of pressing the sense of Congress that the GENERAL LEAVE my time. United States should assist the af- Mr. SCOTT of Georgia. Mr. Speaker, Mr. BURTON of Indiana. Mr. Speak- fected people and communities, as I ask unanimous consent that all Mem- er, I yield myself such time as I may amended. bers may have 5 legislative days to re- consume. The Clerk read the title of the resolu- vise and extend their remarks and in- I want to thank my colleague from tion. clude extraneous material on the reso- Georgia, DAVID SCOTT, for cosponsoring The text of the resolution is as fol- lution under consideration. this resolution. lows: The SPEAKER pro tempore. Is there I think everybody in this body is H. RES. 76 objection to the request of the gen- very concerned about the tragedies Whereas, on January 4, 2009, millions of tleman from Georgia? that befall human beings here and tons of earth fell onto a road in the Alta There was no objection. around the world. Verapaz area north of Guatemala City, Gua- Mr. SCOTT of Georgia. Mr. Speaker, As my colleague said, this past Janu- temala; I rise in strong support of this resolu- ary two significant natural disasters Whereas it is suspected that a geological tion, and I yield myself such time as I wreaked havoc on the Central Amer- fault triggered the movement of earth, send- may consume. ican nations of Costa Rica and Guate- ing 10,000,000 tons of mud and rock down a Mr. Speaker, first I want to thank mala and took a terrible and destruc- hillside onto a road that runs from San Cris- Congressman DAN BURTON for intro- tive toll on people in these commu- tobal Verapaz to Chicaman, north of Guate- mala City; ducing this very important and timely nities. Whereas at least 36 people were confirmed resolution, which mourns the terrible In Guatemala, as coffee workers were dead and up to 60 were missing, many of loss of life caused by two natural disas- returning from long days of work in whom are coffee workers in the region; ters that occurred 4 days apart in Cen- the Alta Verapaz region, thousands of

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4867 tons of mud and rock fell in a land- sible to recover from had the Federal Govern- H. RES. 109 slide. As a result of this catastrophe, ment not assisted. Whereas 25,000,000 individuals in the United the nation mourned the deaths of as The landslides in Guatemala claimed the States are victims of crime each year, in- many as 36 while over 60 are still miss- lives of more than 30 people and caused de- cluding over 6,000,000 victims of violent ing. struction to many in this small country. The crime; Only 4 days later, a 6.1 magnitude unfortunate loss of these men and women Whereas a just society acknowledges the impact of crime on individuals, families, and earthquake shook the capital region of shall not only be remembered here today as communities by ensuring that rights, re- Costa Rica, resulting in the destruc- we acknowledge this House resolution, but sources, and services are available to help re- tion of over 500 homes and the deaths should be remembered everyday as the peo- build lives; of at least 20. ple of Guatemala try to recover from the dev- Whereas although our Nation has steadily I join my colleagues today to express astation caused by this event. These events expanded rights, protections, and services for my sincere sympathy and our sincere take time to recover from and in time just as victims of crime, too many victims are still sympathy and support to our Latin the sadness fades the recovery will begin in not able to realize the hope and promise of American friends who have suffered as this region. these gains; a result of these disasters. I would like Whereas our Nation must do more to en- Just like the people of Guatemala the peo- sure that services are available for under- to commend the courage and persever- ple in Costa Rica did not expect the ground to served segments of the population, including ance of the Costa Rican and Guate- start shaking bringing buildings to the ground. crime victims with disabilities, victims with malan Governments, along with the With over 14 lives claimed and dozens of peo- mental illness, and victims who are teen- private citizens and relief organiza- ple still missing the people of Costa Rica have agers, elderly, or from urban and rural areas tions who worked tirelessly in the res- been devastated by the effects the earthquake or communities of color; cue effort. The prompt humanitarian has brought them. The 6.2 magnitude earth- Whereas observing victims’ rights and response carried out in the aftermath quake shook the lives of all the people living treating victims with dignity and respect of these disasters clearly contributed serves the public interest by engaging vic- in Costa Rica and like the people of Guate- tims in the justice system, inspiring respect to the ability of these nations to over- mala the wounds will take time to heal. for public authorities, and promoting con- come the damage wrought by these two I have experienced firsthand the devastation fidence in public safety; tragedies. of events like these and understand the dif- Whereas the people of the United States As I said before, I would like to ficulty in recovering from them. These people recognize that we make our homes, neigh- thank Mr. SCOTT for cosponsoring this, deserve all the help they can get. It is our borhoods, and communities safer and strong- and I would like to thank our chair- moral responsibility to assist in any way we er by serving victims of crime and ensuring man, Mr. BERMAN, and our ranking can in helping these countries rebuild. Sup- justice for all; Whereas 2009 marks the 25th anniversary of member, ILEANA ROS-LEHTINEN of Flor- porting H. Res. 76 is a big step in helping ida, for helping move this important the enactment of the Victims of Crime Act these devastated nations. That is why I sup- of 1984 (‘‘VOCA’’), the hallmark of the Fed- resolution to the floor. And, again, we port H. Res. 76, ‘‘Mourning the horrific loss of eral Government’s recognition of its com- extend our heartfelt condolences to the life in January 2009 caused by a landslide in mitment to supporting rights and services Guatemalan and Costa Rican people Guatemala and an earthquake in Costa Rica for victims of all types of crime through the and their families who suffered as a re- and expressing the sense of Congress that establishment of the Crime Victims Fund, sult of these horrible disasters. the United States should assist the affected that is paid for by criminal fines and pen- Mr. Speaker, with that, I yield back people and communities’’ and I urge my col- alties, rather than by taxpayers’ dollars; the balance of my time. Whereas, since its inception, the Crime leagues to do so as well. Victims Fund has collected more than Mr. SCOTT of Georgia. Mr. Speaker, Mr. SCOTT of Georgia. Mr. Speaker, I certainly again want to commend Mr. $9,000,000,000 from offender fines and pen- I have no further requests for time, and alties to be used exclusively to help victims BURTON for showing the leadership and I yield back the balance of my time. of crime; at the same time showing the great- The SPEAKER pro tempore. The Whereas VOCA supports direct assistance ness of America, which has always been question is on the motion offered by and financial compensation to more than the timely response to other nations in the gentleman from Georgia (Mr. 4,000,000 victims of crime every year; their moment of great need and crisis. SCOTT) that the House suspend the Whereas VOCA’s imaginative trans- Ms. JACKSON-LEE of Texas. Mr. Speaker, rules and agree to the resolution, H. formation of offender fines into programs of victim rehabilitation has inspired similar I rise today in strong support of H. Res. 76, Res. 76, as amended. ‘‘Mourning the horrific loss of life in January programs throughout the worldwide crime The question was taken; and (two- victims’ movement; 2009 caused by a landslide in Guatemala and thirds being in the affirmative) the Whereas the theme of 2009 National Crime an earthquake in Costa Rica and expressing rules were suspended and the resolu- Victims’ Right Week, celebrated April 26, the sense of Congress that the United States tion, as amended, was agreed to. 2009, through May 2, 2009, is ‘‘25 Years of Re- should assist the affected people and commu- The title was amended so as to read: building Lives: Celebrating the Victims of nities.’’ I would like to thank my colleague, ‘‘A resolution mourning the horrific Crime Act’’, which highlights VOCA’s sig- Representative DAN BURTON, for introducing loss of life in January 2009 caused by a nificant achievements and contributions in this legislation. landslide in Guatemala and an earth- advancing rights and services for all crime Natural disasters are one of the most dif- victims; and quake in Costa Rica.’’. Whereas National Crime Victims’ Rights ficult things to deal with as a nation. As a A motion to reconsider was laid on Week provides an opportunity for the Nation Representative of Houston, TX I have seen the table. to strive to reach the goal of justice for all devastation and heartbreak come from dev- f by ensuring that all victims are afforded astating natural disasters. Our city alone has legal rights and provided with assistance to faced and returned stronger after natural dis- SUPPORTING NATIONAL CRIME face the financial, physical, spiritual, psy- asters like tropical storm Allison, as her waters VICTIMS’ RIGHTS WEEK chological, and social impact of crime: Now, flooded our streets and entered our homes. Mr. SCOTT of Virginia. Mr. Speaker, therefore, be it Within the past few years the people of the I move to suspend the rules and agree Resolved, That the House of Representa- tives— 18th Congressional District of Texas dealt with to the resolution (H. Res. 109) sup- (1) supports the mission and goals of 2009 damage and evacuation troubles when shortly porting the mission and goals of 2009 National Crime Victims’ Rights Week to in- after a storm called Katrina ripped through the National Crime Victims’ Rights week crease public awareness of the impact of homes of our neighbors, Hurricane Rita threat- to increase public awareness of the crime on victims and survivors, and of the ened our city and our lives. Most recently, we rights, needs, and concerns of victims constitutional and statutory rights and had the electricity taken from our city, roofs and survivors of crime in the United needs; stripped from our houses, and windows shat- States, and to commemorate the 25th (2) recognizes the 25th anniversary of the tered into our livings rooms. Because of Hurri- anniversary of the enactment of the enactment of the Victims of Crime Act of 1984; and cane Ike our city has seen the impact of hor- Victims of Crime Act of 1984. (3) directs the Clerk of the House of Rep- rific situations before and after natural disas- The Clerk read the title of the resolu- resentatives to transmit an enrolled copy of ters ravage through our streets. These chal- tion. this resolution to the Office for Victims of lenges, although largely difficult to recover The text of the resolution is as fol- Crime within the Office of Justice Programs from, already would have been virtually impos- lows: of the Department of Justice.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4868 CONGRESSIONAL RECORD — HOUSE April 28, 2009 The SPEAKER pro tempore. Pursu- Mr. Speaker, we should be doing to distribute those funds throughout ant to the rule, the gentleman from more to invest in crime prevention and the United States. In fact, with the Virginia (Mr. SCOTT) and the gen- therefore reducing the number of vic- help of the OVC, there are now 10,000 tleman from Texas (Mr. POE) each will tims, but meanwhile this resolution victim assistance programs providing control 20 minutes. gives us the opportunity to celebrate emotional, financial, physical and spir- The Chair recognizes the gentleman victims’ rights and their dignity. We itual support every day. All of these or- from Virginia. should ensure that victims are treated ganizations owe to some extent their GENERAL LEAVE with the dignity and respect that they existence because of the VOCA funds Mr. SCOTT of Virginia. Mr. Speaker, deserve, and doing that will promote a that were established by Congress I ask unanimous consent that all Mem- fair and just criminal justice system. many years ago. bers have 5 legislative days to revise For these reasons, Mr. Speaker, I urge VOCA is the only Federal fund that and extend their remarks and include my colleagues to support this impor- caters to the needs of victims. Each extraneous material on the resolution tant resolution. year, about 4,400 agencies and almost under consideration. Mr. Speaker, I reserve the balance of 3.5 million victims receive support and The SPEAKER pro tempore. Is there my time. financial compensation from this fund objection to the request of the gen- b 1430 funded by criminals. Just to clarify, tleman from Virginia? this money that is collected is used to There was no objection. Mr. POE of Texas. Mr. Speaker, I help victims and their families. Mr. SCOTT of Virginia. Mr. Speaker, yield myself such time as I may con- This year, during National Crime I yield myself such time as I may con- sume. Victims’ Rights Week, we celebrate sume. Mr. Speaker, I am pleased to join my that the VOCA fund has been assisting House Res. 109 supports the goals and colleague and friend Mr. COSTA from victims for over 25 years and has dis- mission of National Crime Victims’ California as an original sponsor of this tributed literally billions of dollars Rights week, which is being celebrated resolution to recognize and support the since its inception. Currently there are this week, April 26 through May 2, 2009. mission and goals of National Crime $6.5 billion in this fund, funds that will The 2009 National Crime Victims’ Victims’ Rights Week. Together, Mr. be given to victims and victims serv- Rights week theme is ‘‘25 Years of Re- COSTA and myself chair the Congres- ices. It is important that we as Mem- building Lives: Celebrating the Victims sional Victims’ Rights Caucus. The bers of Congress make sure that the of Crime Act.’’ caucus is comprised of Members from bureaucrats, however, don’t see this Mr. Speaker, each year for the last 25 both sides of the aisle who are dedi- years, the Office of Victims of Crime in fund and take the fund and use it for cated to protecting the interests and other services in the United States the Department of Justice has observed needs of crime victims throughout our National Crime Victims’ Rights week that have nothing to do with victims. country. Crime victim issues are not While the events of this week provide along with individuals and commu- partisan. They are nonpartisan issues, nities across the country. Victims’ excellent opportunities to focus on vic- Mr. Speaker, and affect everyone in tims’ rights, this issue requires atten- rights and crime victims are honored this country. with rallies, candlelight vigils, and tion by Members of Congress so that In 1980, President Ronald Reagan the VOCA fund is not taken by the bu- other commemorative events. first called for a national observance to This week in April is an important reaucrats and used for other purposes. recognize and honor the millions of time to increase public awareness Last month, four police officers in crime victims and those survivors in about the needs and concerns of the 25 Oakland, California, Dan Sakai, 35, million victims and survivors of crime this country. Since then, Victims’ Mark Dunakin, 40, John Hege, 41, and each year, of which over 6 million are Rights Week has been proclaimed an- Ervin Romans, 43, were shot to death victims of violent crimes. nually with ceremonies and observ- by a 27-year-old parolee. Earlier this During National Crime Victims’ ances here in Washington, D.C. and month, an armed man walked into a Rights week, people are asked to take thousands of communities throughout New York Immigration and Naturaliza- time out to acknowledge the impact the Nation. tion service center and shot 17 people, that crime has on families, individuals, Each April, the Office for Victims of killing 13 and wounding four others. and communities by ensuring that re- Crime, called the OVC, organizes a The National Center For Victims of sources and services are available to weeklong series of activities and rallies Crime reports that during 2008 a child help crime victims rebuild their lives. to increase public awareness of the was reported abused or neglected al- We would also like to acknowledge rights, the needs and concerns of crime most every 35 seconds. In my home the 25 years of contributions that the victims in the United States. The State of Texas alone, there were more Office of Victims of Crime has made to theme of this year’s National Crime than 83,000 separate allegations of supporting victims of both violent and Victims’ Rights Week is ‘‘25 Years of abuse or neglect confirmed by Child nonviolent crime. A major aspect of Rebuilding Lives: Celebrating the Vic- Protective Services. the office’s work has been the creation tims of Crime Act.’’ Crime victims, Mr. Speaker, are not and supervision of the Crime Victims In 1984, the Victims of Crime Act, statistics. They are real men, women Fund. This fund is paid for by criminal called VOCA, created the VOCA fund, a and children with families and loved fines and penalties and supplemented Federal victims compensation account ones, and those victims who manage to with general tax revenue as needed. funded by fines assessed in Federal survive the acts of violence must not Over the last 25 years, the Crime Vic- criminal convictions. This is a collec- be excluded from the criminal justice tims Fund has collected more than $9 tion of criminal fines, not taxpayer system. Their voices must be heard, billion from offender fines and pen- dollars. and in honor of every victim, we renew alties, which is used solely to assist The way it works, Mr. Speaker, our commitment to protect the rights crime victims. Each year these funds criminals convicted in Federal Court of crime victims and provide them ef- support direct services and financial contribute into a fund, as I say paying fective assistance programs, and we compensation to more than 4 million for the crimes they have committed, also commend the countless profes- victims of crime. paying rent on the courthouse, and sionals and volunteers who have dedi- This week is also a time to make a that fund is used exclusively for vic- cated literally their lives to help vic- commitment to providing more re- tims and victims’ services throughout tims and survivors of crime. sources and services to crime victims the United States. It is not a taxpayer- I urge my colleagues to support this who live in underserved areas such as funded fund; it is a fund solely funded resolution. urban and rural areas. This is also time by criminals. What a novel idea: Make Mr. Speaker, I reserve the balance of to pay special attention to victims of criminals pay to the victims of crime, my time. crime who suffer from physical and victims that many of them have caused Mr. SCOTT of Virginia. Mr. Speaker, mental disabilities in addition to child to be victims in the first place. I yield such time as he may consume to and senior citizens who may be victims Also the Victims of Crime Act estab- the chief sponsor of the legislation of crime. lishes the Office for Victims of Crime who, along with Mr. POE, introduced

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4869 this important resolution, the gen- troduction of legislation that reflects other Members of the House, Mr. SHAD- tleman from California (Mr. COSTA). the interests, rights and needs of vic- EGG from Arizona, Mr. YARMUTH from Mr. COSTA. Mr. Speaker, I want to tims of crime. Two, our goal is to pro- Kentucky and Mr. REICHERT from thank the gentleman from Virginia for vide an ongoing forum for proactive Washington in honoring six out- his leadership and his support for this discussion between Congress and na- standing victim advocates and victim important House Resolution, H. Res. tional victims’ assistance organiza- programs. 109, which I rise today to introduce. tions to enhance mutual education and Mr. Speaker, I include for the As has been stated by my colleagues, legislation advocacy and initiatives RECORD the names and the awards of this resolution supports the mission which promote justice for all, includ- these six recipients. and goals of National Crime Victims’ ing the victims of crime. Three, to seek 2009 VICTIMS’ RIGHTS CAUCUS AWARDS Rights Week, to designate this week, opportunities for public education ini- RECIPIENTS April 26 to May 2, as National Crime tiatives to help people in the United (1) Suzanne McDaniel Public Awareness Victims’ Rights Week. Congressman States understand the impact of crime Award—Katherine Cabaniss. Ms. Cabaniss is TED POE and I introduced this resolu- on victims and to encourage their in- the Executive Director of Houston Crime tion on behalf of our fellow Victims’ volvement in crime prevention, which Stoppers. As a former Assistant District At- Rights Caucus members who have been is the best sort of effort we can pos- torney, she has a passion for preventing and sibly do. An ounce of prevention, as we fighting crime. During her time with Crime supportive of our efforts over the last 4 Stoppers, Ms. Cabaniss has built strategic al- years. all know, is worth a pound of cure. And liances with people and organizations who As was noted, in 1980 President also to provide victim assistance and assist victims of crime, including local Reagan first called for the national ob- community safety throughout our school districts, apartment property man- servance to recognize and honor the neighborhoods across this great land of agement companies, and women’s shelters. millions of victims and their families ours. She has strengthened Crime Stoppers rela- and survivors who have been victims, I want to thank again the gentleman tionship with the media, and in doing so, has sadly, of crime in America. from Virginia. I want to thank Con- used her voice to promote safe communities This year, we mark the 25th anniver- gressman TED POE, my cochair of the and justice for victims of crime. Cabaniss caucus, for all of your efforts on behalf was nominated by Representative Ted Poe sary of the enactment of the Victims of (TX–02). Crime Act of 1984, better known as of Members who work on behalf of (2) Ed Stout Memorial Award for Out- VOCA. This legislation has supported those who are victims of crime. standing Victim Advocacy—Alliance Against rights and services for crime victims Finally, my fellow colleagues, crime, Family Violence and Sexual Assault. The Al- for the last 25 years, and quite success- as we know, knows no boundary, knows liance represents everything that Mr. Stout fully. It has done it without the use of no demographic, or congressional dis- worked so hard for during his work on behalf a single dime from American taxpayer trict boundary. Sadly, crime affects in of crime victims and survivors. They are a dollars. some capacity all Americans at some nonprofit, grassroots organization that since 1979 has provided support and services to vic- The Victims of Crime Act, the VOCA point in life. When our families, when our friends tims of domestic violence and sexual assault funds, are supported by fines and pen- in Kern County and the surrounding area. alties that come from the criminals and when our neighbors are in need of assistance after a crime, they should These services are free, and are bilingual, who have perpetrated these crimes. which serves Kern County’s diverse ethnic These funds are used by State and local not be met with a closed door, but they background. Their strong focus on assisting organizations to help people through should be met with open arms. We all victims of violence against women in rural their difficult time periods after expe- have a responsibility. This is not sim- areas is remarkable. The Alliance Against riencing a crime that they have been ply the domain of local law enforce- Family Violence and Sexual Assault was ment agencies, which play a tremen- nominated by Representative Jim Costa victimized by. There are over 4,400 (CA–20). agencies across the country which de- dous role, but we as Americans all have a responsibility to help out in our com- (3) Ed Stout Memorial Award for Out- pend upon VOCA funding. These agen- munities. standing Victim Advocacy—Sheryl Cates. cies serve near in excess of 3.5 million So I want to thank those members of Ms. Cates has spent the last 25 years advo- cating for victims of domestic violence at all crime victims each year, sadly. the Congressional Victims’ Rights Cau- This resolution also honors the lives levels. As Executive Director at Women’s cus, I want to thank those who support that have been rebuilt over the last 25 Protective Services in Lubbock, TX, Ms. this resolution, H. Res. 109, and encour- years as a result of all the good efforts Cates worked directly with victims as well age all of my colleagues to support im- as supervising staff who provide services to by these local agencies throughout our portant legislation that we will pursue victims. Also, as CEO of the Texas council on country. These are millions of people in the 111th Congress. Family Violence, National Domestic Vio- working in victim organizations who Mr. POE of Texas. Mr. Speaker, I lence Hotline and loveisrespect.org National have dedicated their lives to assisting yield myself such time as I may con- Teen Dating Abuse Helpline, Ms. Cates is people through these terrible, terrible sume. recognized nationally as an expert in the time periods, and each and every one of Mr. Speaker, I want to thank the field of domestic violence and as someone them I think deserves a thank you who can be counted on to participate in any chairman from Virginia for leading efforts to support the needs of victims and from all of us as Members of Congress. this resolution, but also I do want to When I arrived in Washington, Con- their families. Cates was nominated by Rep- thank my friend from California, Mr. resentative Lamar Smith (TX–21) gressman POE and I discovered that COSTA, for not only sponsoring this leg- (4) Lois Haight Award of Excellence and In- there was not a caucus that was dedi- islation, but for his hard work nation- novation—Steve Twist. Mr. Twist has cated for the purpose of recognizing ally on victims’ rights and the move- worked tirelessly to ensure that every juris- those victims of crime. So Congress- ment. He literally started the victims’ diction in America provides victims with man TED POE and I decided to form a rights movement in California, the rights in the criminal justice system and new bipartisan congressional caucus State that we owe a lot to for the vic- that those rights are enforceable by the indi- that would provide a louder voice for vidual victim. He has worked as counsel to tims’ right movement when he was in the Navajo Nation, aiding in the drafting of all the advocacy groups who advocate the State legislature there in Cali- various victim provisions, and is the prin- on behalf of victims of crime. fornia, and he has brought his passion cipal author of the Arizona constitutional The Congressional Victims’ Rights to help victims of crime to the United amendment for victims’ rights and the Ari- Caucus, of which I am proud to be a co- States Congress, and we are all better zona Victims’ Rights Implementation Act, chair of, frankly, has done a lot of good for that. which together are the strongest victims’ efforts over the last 4 years, and we en- Last week in honor of National rights legal provisions in the country. Mr. courage Members who are listening and Crime Victims’ Rights Week, the Vic- Twist was nominated by Representative John Shadegg (AZ–03) their staff who are not members of this tim’s Rights Caucus, as Mr. COSTA (5) Eva Murillo Unsung Hero Award— bipartisan congressional caucus that mentioned, had several preliminary Jenny Wieland Ms. Wieland’s 17 year old you join our efforts. events. One was the fourth annual Vic- daughter and only child was murdered by an- We have three simple goals. The first tim’s Rights Caucus awards ceremony. other teen in 1992. She turned her pain into is to represent crime victims in the At the awards ceremony last Wednes- purpose and has worked tirelessly to reduce United States through bipartisan in- day night, Mr. COSTA and myself joined youth violence, in hopes that other mothers

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4870 CONGRESSIONAL RECORD — HOUSE April 28, 2009 would not have to experience the loss of a criminal justice system by ensuring One person is murdered every 31 minutes. child to a violent crime. In 1994, Jenny that victims of crimes feel safe in their One person is raped every 1.9 minutes. Wieland became a founding board member of own communities. One person is assaulted every 36.9 sec- Mothers Against Violence in America The creation of the National Crime onds. (MAVIA). In early 1995, she left a career as an insurance broker to become MAVIA’s Victims’ Crime Week is a good first One home is burglarized every 18 seconds. Program Director and first employee. During step to increase public awareness of the One woman is victimized by an intimate her seven-year tenure with MAVIA, she rights and needs of victims of crime. partner every 52 seconds. helped create and implement MAVIA’s many Congress should go even further by en- One child is reported abused or neglected national and local programs, including the suring the legal protections are in every 34.9 seconds. acclaimed Washington State model of Day of place to protect victims of crime. One person is killed in an alcohol-related National Concern About Young People and During the National Law Enforce- crash every 40.4 minutes. Gun Violence, which encourages young ment Week in May, I will introduce an One person becomes a victim of identity Americans in classrooms and communities amendment to the United States Con- theft every 4.9 seconds. across the country to sign the Student One elderly person is victimized by a violent Pledge Against Gun Violence. Currently, stitution to protect the rights of all Wieland is serving as Executive Director of victims. I hope you will join me in en- crime every 4.2 minutes. Families and Friends of Violent Crime Vic- suring our Constitution explicitly sup- We must observe victims’ rights and treat tims in Washington State. Wieland was nom- ports the rights of victims of crime. victims with dignity and respect and engage inated by Representative Dave Reichert I urge my colleagues to vote in favor them in the justice system, which will also fur- (WA–08) of House Resolution 109 to create the ther gain respect for public authorities and (6) Allied Profession Award—Michael National Crime Victims’ Rights Week promote confidence in public safety. The peo- Davis, President of Appriss, Inc. Mr. Davis is of 2009 and to commemorate the 25th ple of this country will be safer and stronger the cofounder and president of Appriss, the by serving victims of crime and ensuring jus- provider of local, state and federal auto- anniversary of the enactment of the mated victim information and notification Victims of Crime Act of 1984. tice for all. services and automated victim protection Mr. POE of Texas. Mr. Speaker, it is It is necessary that we, as members of Con- order services. In 1994, Mary Byron was mur- because of the pioneering efforts of gress, mark the anniversary of the enactment dered on her 21st birthday by her former boy- many, including President Reagan and of the Victims of Crime Act of 1984. This Act friend who was in jail in Louisville, Ken- his 1982 Task Force on Victims of is the hallmark of the Federal Government’s tucky. Mary and her parents asked to be no- Crime, that we are able to celebrate recognition of its commitment to supporting tified if and when he was released, which did the 25th anniversary of the Victims of rights and services for victims of all types of not happen. In response to this preventable Crime Act. We must remember that the crime through the establishment of the Crime tragedy, Davis and his partner created VINE (Victim Information and Notification same Constitution that protects the Victims Fund. This fund is paid by criminal Everyday), which provides confidential, rights of offenders protects the rights fines and penalties, not tax payer dollars. The around-the-clock notifications to victims of victims of crime in this country as fund has collected more than $9 billion from about the status of their offenders. VINE well. offender fines and penalties to be used exclu- keeps crime victims and survivors informed I urge all my colleagues to join me in sively to help victims of crime. These funds and involved in their cases, in turn pro- supporting in resolution. have aided the more than 4 million victims of moting personal and community safety. I yield back the balance of my time. crime a year. The money provides medical Today, Appriss provides VINE and related Mr. SCOTT of Virginia. Mr. Speaker, care, counseling and funeral costs. This act services to more than 75% of our nation. I want to thank the gentleman from States participating in the Statewide Auto- has encouraged other programs to also trans- mated Victim Information and Notification California, the gentleman from Texas, fer offender fines into help for victim rehabilita- (SAVIN) grant program have entrusted as well as the gentleman from Michi- tion. Appriss as their technology provider. Davis gan, for their work on behalf of victims The theme of the 2009 National Crime Vic- was nominated by Representative John of crime, and I urge my colleagues to tim’s right Week, celebrated April 26–May 2, Yarmuth (KY–03). support the resolution. 2009 is ‘‘25 years of Rebuilding Lives: Cele- Mr. POE of Texas. I reserve the bal- Ms. JACKSON-LEE of Texas. Mr. Speaker, brating the Victims of Crime Act’’. This theme ance of my time. I rise today in support of H. Res. 109, sup- highlights the Act’s significant achievements Mr. SCOTT of Virginia. Mr. Speaker, porting the mission and goals of 2009 National and contributions in advancing rights and serv- I yield such time as he may consume to Crime Victims’ Rights week to increase public ices for all crime victims. This week will pro- a strong supporter of victims, a former awareness of the rights, needs, an concerns vide an opportunity for the nation to strive to law enforcement officer, the gentleman of victims and survivors of crime in the United reach the goal of justice for all by ensuring from Michigan (Mr. STUPAK). States, and to commemorate the 25th anniver- that all victims are afforded legal rights and Mr. STUPAK. I thank the gentleman sary of the enactment of the Victims of Crime provided with assistance to face the financial, for yielding. Act of 1984. I thank Congressman COSTA, physical, spiritual, psychological and social im- I would like to thank my colleague, Congressman POE, Congresswoman MATSUI, pact of crime. Mr. COSTA, for introducing this resolu- Congressman MARCHANT, and Congressman I encourage my colleagues to pass this res- tion. As a former Escanaba City police MORAN for introducing this meaningful resolu- olution so that we can increase the public officer, a Michigan State police trooper tion which recognizes and acknowledges the awareness of the impact of crime on victims and as an attorney, I saw every day the over 25 million individuals that are victims of and survivors, and of the constitutional and effect of crime on our citizens. Crime crimes each year in this country. I urge my statutory rights and needs of victims of crime. leaves its victims feeling unsafe in colleagues to support this resolution. As mem- This resolution will recognize the 25th anniver- their own communities and vulnerable bers of Congress, we need to acknowledge sary of the enactment of the Victims of Crime to the often complicated judicial sys- the impact of crime on individuals, families, Act of 1984. It will also direct the clerk of the tem. and communities and we need to ensure that House of Representatives to transmit an en- As the cochairman of the Law En- rights, resources, and services are available to rolled copy of this resolution to the Office for forcement Caucus, I know that when a help rebuild lives. Victims of Crime within the Office of Justice crime is committed, our law enforce- This resolution is important because while Programs of the Department of Justice. ment agencies work hard so the crimi- our nation has steadily, and rightfully, ex- In Harris County, within the 18th District of nal is brought to justice. But there is panded rights, protections and services for vic- Texas, which I proudly represent, the Houston another part to the equation. The vic- tims of crimes, too many victims are still not Mayor’s Crime Victims Office has a saying, tim of crime must be provided with as- able to realize the hope and promise of the ‘‘Crime victims are the only unwilling partici- sistance and support to recover from gains. Our country must do more to ensure pants in our criminal justice system; everyone this often traumatic experience. that services are available for underserved else chooses their own roles. Victims’ rights Our law enforcement agencies work segments of the population, including crime are often a mere courtesy, while defendants’ with the court system to ensure that victims with disabilities, victims with mental ill- rights—and rightfully so—are protected in our victims of crime are treated fairly and ness, and victims who are teenagers, elderly, Constitution. Victims’ rights deserve the same with respect to one’s dignity and pri- or from urban and rural areas or communities protection.’’ While Harris County is fortunate to vacy. We must step up to the plate and of color. According the National Center for Vic- have some of the Nation’s finest victim service show our strong commitment to the tims: organizations, such as the Houston Area

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4871 Women’s Center, Parents of Murdered Chil- Whereas 1 in 6 women and 1 in 33 men have tleman from Texas (Mr. POE) each will dren, AVDA, MADD and Family Time, as well been victims of rape or attempted rape; control 20 minutes. as victim liaisons staffed from our criminal jus- Whereas the Department of Defense re- The Chair recognizes the gentleman ceived 2,688 reports of sexual assault involv- tice partners it is far from immune from crime. ing members of the Armed Forces in fiscal from Virginia. The Harris County Victim Witness Division, year 2007; GENERAL LEAVE alone, assisted over 30,000 victims of crime Whereas children and young adults are Mr. SCOTT of Virginia. Mr. Speaker, last year and helped them receive $16.9 mil- most at risk of sexual assault, as 44 percent I ask unanimous consent that all Mem- lion in restitution. of sexual assault victims are under the age of bers have 5 legislative days to revise I have been and continue to be an advocate 18, and 80 percent are under the age of 30; and extend their remarks and include for victims of crime most importantly with my Whereas sexual assault affects women, extraneous material on the resolution latest legislation, H.R. 262, the David Ray men, and children of all racial, social, reli- under consideration. Ritcheson Hate Crime Prevention Act which I gious, age, ethnic, and economic groups in the United States; The SPEAKER pro tempore. Is there also introduced in the 110th Congress. I twice Whereas only 41 percent of sexual assault objection to the request of the gen- sponsored a resolution expressing the sense victims pursue prosecution by reporting tleman from Virginia? of Congress that the people of the United their attack to law enforcement agencies; States should grieve for the loss of life that Whereas two-thirds of sexual crimes are There was no objection. defined the Third Reich and celebrate the con- committed by persons who are not strangers Mr. SCOTT of Virginia. I yield myself tinued education efforts for tolerance and jus- to the victims; such time as I may consume. tice, reaffirming the commitment of United Whereas sexual assault survivors suffer Mr. Speaker, first I want to thank States to fight against intolerance and preju- emotional scars long after the physical scars the gentlelady from Wisconsin (Ms. have healed; BALDWIN), as well as the gentleman dice in any form, and honoring the legacy of Whereas prevention education programs from Texas (Mr. POE), for introducing transparent procedure, government account- carried out by rape crisis and women’s ability, the rule of law, the pursuit of justice, health centers have the potential to reduce this important resolution, and I rise in and the struggle for universal freedom and the prevalence of sexual assault in their support to acknowledge the impact human rights. Additionally, I sponsored H.R. communities; that sexual assault has on its victims 5610, in the 109th Congress, the Foreign Anti- Whereas because of recent advances in and to promote education about and Sex Offender Protection Act of 2006. I have DNA technology, law enforcement agencies prevention of sexual assault. co-sponsored numerous bills that benefit vic- have the potential to identify the rapists in This resolution highlights the im- tens of thousands of unsolved rape cases; mense problem of sexual assault in the tims of crimes. Whereas aggressive prosecution can incar- Nobody wants, or deserves, to be a victim cerate rapists and therefore prevent them United States. A person is sexually as- 1 of crime. I urge my colleagues to pass this from committing further crimes; saulted in the United States every 2 ⁄2 Resolution and acknowledge and support Whereas free, confidential help is available minutes. Almost 18 million women, 1 in these unfortunate victims. to all survivors of sexual assault through the 6, have been victims of rape or at- Mr. SCOTT of Virginia. I yield back National Sexual Assault Hotline, more than tempted rape, and almost 3 million the balance of my time. 1,000 rape crisis centers across the United men, 1 in 33, have also been victims. The SPEAKER pro tempore. The States, and other organizations that provide Sexual assault also harms the soci- services to assist survivors of sexual assault; question is on the motion offered by ety. Medical expenses, lost produc- the gentleman from Virginia (Mr. and Whereas April is recognized as ‘‘National tivity, treatment of psychological SCOTT) that the House suspend the Sexual Assault Awareness and Prevention trauma and pain and suffering cost vic- rules and agree to the resolution, H. Month’’: Now, therefore, be it tims roughly $127 billion per year. Res. 109. Resolved by the House of Representatives (the It can also lead to long-term health The question was taken. Senate concurring), That— problems such as chronic pain and The SPEAKER pro tempore. In the (1) it is the sense of Congress that— headaches and stomach problems and opinion of the Chair, two-thirds being (A) National Sexual Assault Awareness and sexually transmitted diseases, and can in the affirmative, the ayes have it. Prevention Month provides a special oppor- Mr. SCOTT of Virginia. Madam tunity to educate the people of the United leave victims with emotional issues Speaker, I object to the vote on the States about sexual violence and to encour- which can lead to depression and even age the prevention of sexual assault, the im- suicide. ground that a quorum is not present proved treatment of its survivors, and the and make the point of order that a Designating April to be Sexual As- prosecution of its perpetrators; sault Awareness and Prevention Month quorum is not present. (B) it is appropriate to properly acknowl- The yeas and nays were ordered. edge the more than 20,000,000 men and is an important step in recognizing the The SPEAKER pro tempore. Pursu- women who have survived sexual assault in problem. Highlighting and focusing on ant to clause 8 of rule XX and the the United States and salute the efforts of this issue gives us the opportunity to Chair’s prior announcement, further survivors, volunteers, and professionals who educate the public and allows us to proceedings on this motion will be combat sexual assault; praise the survivors, as well as the vol- postponed. (C) national and community organizations unteers and professionals who have The point of no quorum is considered and private sector supporters should be rec- dedicated their lives to combating sex- ognized and applauded for their work in pro- ual assault. withdrawn. moting awareness about sexual assault, pro- f viding information and treatment to its sur- I urge my colleagues to support this b 1445 vivors, and increasing the number of success- important resolution. SUPPORTING NATIONAL SEXUAL ful prosecutions of its perpetrators; and I reserve the balance of my time. (D) public safety, law enforcement, and Mr. POE of Texas. I yield myself such ASSAULT AWARENESS AND PRE- health professionals should be recognized VENTION MONTH time as I may consume, Mr. Speaker. and applauded for their hard work and inno- I’m pleased to join my Judiciary vative strategies to increase the percentage Mr. SCOTT of Virginia. Mr. Speaker, Committee colleague, the gentlelady I move to suspend the rules and agree of sexual assault cases that result in the prosecution and incarceration of the offend- from Wisconsin (Ms. BALDWIN) as an to the concurrent resolution (H. Con. original sponsor on this resolution. I Res. 104) supporting the goals and ers; (2) Congress strongly recommends national want to thank her for her efforts in ideals of National Sexual Assault and community organizations, businesses in presenting this to Congress. I would Awareness and Prevention Month. the private sector, colleges and universities, like to thank her for reintroducing The Clerk read the title of the con- and the media to promote, through National House Concurrent Resolution 104 to current resolution. Sexual Assault Awareness and Prevention The text of the concurrent resolution recognize April as National Sexual As- Month, awareness of sexual violence and sault Awareness and Prevention is as follows: strategies to decrease the incidence of sexual Month. H. CON. RES. 104 assault; and Every 21⁄2 minutes a person is sexu- Whereas on average, a person is sexually (3) Congress supports the goals and ideals assaulted in the United States every two- of National Sexual Assault Awareness and ally assaulted in the United States. and-a-half minutes; Prevention Month. Sadly, 1 in 6 women and 1 in 33 men Whereas the Department of Justice reports The SPEAKER pro tempore. Pursu- have been victims of rape or attempted that 191,670 people in the United States were ant to the rule, the gentleman from rape. Two-thirds of these assaults are sexually assaulted in 2005; Virginia (Mr. SCOTT) and the gen- committed by someone that is actually

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4872 CONGRESSIONAL RECORD — HOUSE April 28, 2009 known by the victim, and yet, only this crime, because, you see, when the nation’s crime labs. Equally imperative are ef- about 40 percent of sexual assaults are offender commits a sexual assault forts to support the Violence Against Women ever reported to law enforcement au- against someone else, that offender is Act by fully funding the organizations, shelters, thorities. trying to steal the very soul of that and counseling centers which provide the cru- Sexual Assault Awareness Month at- victim. And sometimes victims cannot cial victim services which help women escape tempts to change these startling sta- recover from that, emotionally or dangerous situations and begin new lives free tistics by promoting education pro- physically. That is why this legislation from violence and fear. grams, victims support services, ad- is important and that we, as Members I urge my colleagues to support this legisla- vances in DNA and forensics tech- of Congress, do our duty and be the ad- tion. nology, and aggressive prosecution and vocates for those victims that have si- Ms. JACKSON-LEE of Texas. Mr. Speaker, incarceration of sexual assault offend- lent voices throughout this country. I rise in support of H. Con. Res. 104 ‘‘Sup- ers. And that’s just the way it is. porting the goals and ideals of National Sexual National Sexual Assault Awareness I yield back the remainder of my Assault Awareness and Prevention Month.’’ I and Prevention Month helps to educate time. want to thank my colleague Congresswoman, the public about sexual assault in our Mr. SCOTT of Virginia. Mr. Speaker, TAMMY BALDWIN of Wisconsin for introducing communities and the long-term effects I want to thank the gentleman from this legislation. that it has on its victims. Texas (Mr. POE), as well as the chief This Resolution echoes the goals and ideals It also recognizes the work of staff sponsor of the resolution, the of the National Sexual Assault Awareness and and volunteers at rape crisis centers gentlelady from Wisconsin (Ms. BALD- Prevention Month, namely to increase public and other community organizations WIN), for their hard work on the issue awareness of the occurrence and the effects across the country that provide coun- of sexual assault. of sexual assault and to improve our nation’s I urge my colleagues to support the seling and victims support services to overall ability to prevent new incidents. sexual assault survivors. resolution. This important resolution will help to bring Mrs. MALONEY. Mr. Speaker, I rise today in With education and community sup- an end to the deplorable rapes, molestations, strong support of H. Con. Res. 104, which port, it is my hope that more victims and sexual assault that occur across America. supports the goals and ideals of National Sex- will pursue prosecution of their Violent crime and sex offenses are a fact of ual Assault Awareness and Prevention Month. attackers by reporting their assaults I was the lead Democratic sponsor of the life which can be targeted for prevention to law enforcement. Once victims take original legislation to designate April as Na- through a combination of education, public this first critical step, it’s up to law- tional Sexual Assault Awareness and Preven- awareness, as well as identifying and moni- makers and law enforcement to ensure tion Month, which was introduced by former toring known offenders in the community. that these violent offenders are put Representative Mark Green and signed into Mr. Speaker, there are no greater crimes away. law in 2003. I am proud to have been a part that an individual can commit than the crimes Last Congress, both the House and of that initial effort, which has grown into a na- of sexual molestation and sexual assault. The the Senate passed H.R. 5057, reauthor- tionwide campaign to raise public awareness perpetrators of these crimes rob victims of izing the Debbie Smith DNA Backlog regarding sexual violence, prevent future their innocence. Moreover, victims of sexual Program. The legislation was then crimes, and provide crucial services to victims assault are profoundly affected for the rest of signed into law on October 8, 2008. of rape and sexual assault. their lives. As elected officials, we have an ob- The Debbie Smith program, origi- Even as we shine a spotlight on this issue ligation to condemn this violence, work for nally authorized in 2000, awards grants throughout the month of April, it is important to stronger enforcement of the law and provide to State and local governments to re- remember that preventing sexual assault must adequate funding for programs to assist indi- duce the DNA backlogs of samples col- be top priority every month of the year. A viduals who may have experienced such lected from crime scenes and the back- 2000 study by the National Institute of Justice abuse. log for entry into the national DNA and the Centers for Disease Control and Pre- I urge my colleagues to fight against these database. Through these grants, State vention found that 18% of women in the heinous crimes. Sexual assault can e verbal, and local governments received fund- United States have been raped in their life- visual, or anything that forces a person to join ing to test approximately 104,000 DNA times, yet we know that only about 6% of in unwanted sexual contact or attention. Ex- cases between 2004 and 2007. women who have been raped will ever see amples of this are voyeurism (when someone These grants have also funded the their attacker spend a day in jail. watches private sexual acts), exhibitionism collection of 2.5 million DNA samples I have long been a champion of domestic (when someone exposes him/herself in pub- from convicted offenders and arrestees and international women’s issues, and pre- lic), incest (sexual contact between family for inclusion in the national DNA data- venting violence against women has been one members), and sexual harassment. It can hap- base. The Department of Justice esti- of my top priorities since my very first day in pen in different situations, by a stranger in an mates that over 5,000 ‘‘hits’’ or matches Congress. That is why I wrote ‘‘The Debbie isolated place, on a date, or in the home by are the result of this DNA backlog re- Smith Act,’’ signed into law in 2004 to improve someone you know. duction. This is a positive step forward, the investigation and prosecution of sexual as- The negative impacts of sexual assault go but we must continue our efforts to re- sault cases with DNA evidence. DNA evidence beyond the physical trauma of the attack itself. duce the DNA backlog to provide jus- is crucial to getting rapists off the streets, and The victims suffer psychological trauma, emo- tice for sexual assault victims and put yet across the country, thousands of unproc- tional scarring, shame, the stigma of being vic- their attackers behind bars. essed DNA evidence kits are gathering dust. timized, and the destruction of their dignity. I urge my colleagues to support this Each one of these represents a victim who Unfortunately, sexual assault is an issue resolution, and I reserve the balance of has been denied justice, and a rapist who is that has plagued the nation. In my home state my time. free to commit more crimes. With this legisla- of Texas, nearly 2 million adult Texans, or Mr. SCOTT of Virginia. Mr. Speaker, tion, the huge backlog of rape kits is finally 12.6% of the population, have been sexually I have no other requests for time, and being processed. assaulted, and more than half of all sexual as- I will reserve the balance of my time. In 2008 I introduced H.R. 5057, ‘‘The saults are committed against children under Mr. POE of Texas. Mr. Speaker, in Debbie Smith Reauthorization Act,’’ which was age 18. An estimated 82% of rapes go unre- this sterile environment of the Halls of signed into law, and which extends the Debbie ported. The vast majority of rape victims— Congress, sometimes we forget that Smith DNA Backlog Grant Program through nearly 80%—know the person who rapes sexual assault is a crime that is com- FY 2014. The bill also reauthorizes several them. mitted against people in this country, critical programs which provide training and In Texas, 6 out of 10 adults and more than a crime that most of them never really education for criminal justice and medical per- half of teenagers say sexual assault is a per- get over. sonnel in the use of DNA evidence. I am sonal worry. A third of Texan adults say sex- In my experience as a prosecutor and pleased to have been joined by Chairman ual assault is one of their biggest worries. a judge for 22 years, I came in contact CONYERS and Ranking Member SMITH of the While a majority of Texans says the state with numerous sexual assault victims, Judiciary Committee in introducing that impor- takes sexual assault seriously, 76% believe some of which never could quite handle tant legislation. the state should take the issue more seriously. and cope with the fact that they had It is vitally important that we continue these Many Americans have only a surface under- been a victim of a crime, especially efforts to reduce the DNA backlog crisis in our standing of what constitutes sexual assault,

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4873 and more than a quarter of Americans are Madam Speaker, H. Res. 365 permits endar year exist until the next fiscal very misinformed about its parameters. It will same-day consideration of a rule pro- year begins. take more than just stronger prevention and viding for consideration of the con- Is there some hard and fast deadline enforcement of the law to prevent sexual mo- ference report on the budget resolu- that needs to be met under the Budget lestation and other forms of sexual assault. In tion, S. Con. Res. 13. Act? The budget resolution should have order to end this serious epidemic that has This budget is a critical document been completed by April 15. The Demo- plagued America, all segments of the commu- and comes at a critical time in our cratic leadership wasn’t in a hurry nity such as parents, educators, religious lead- country. We all know this budget is a when that deadline came and went, and ers, and community leaders must create a blueprint of the priorities of the Obama there is no new deadline at all that nurturing environment us to live comfortably. administration and this Democratic needs to be met right now. Mr. Speaker, I urge my colleagues to sup- Congress. This budget sets the frame- Maybe, Madam Speaker, Congress is port H. Con. Res. 104 ‘‘Supporting the goals work for most of the legislation that getting ready for a prolonged congres- and ideals of National Sexual Assault Aware- we will consider this year—everything sional recess, a district work period. ness and Prevention Month.’’ from the annual spending bills to im- Well, the next recess, as we all know, is Mr. SCOTT of Virginia. I yield back provements in education to health care about a month away. We are supposed the balance of my time. reform to deficit control. to be working here for another 4 weeks. The SPEAKER pro tempore. The I’m not surprised that my friends on Now, Madam Speaker, I ask maybe, question is on the motion offered by the other side of the aisle aren’t just maybe it’s the end of a very long, the gentleman from Virginia (Mr. pleased with this budget. Republicans hard workweek of ours here, and we SCOTT) that the House suspend the voted against the recovery package, want to complete action before a long rules and agree to the concurrent reso- and now they are going to oppose this 3-day weekend, except today is Tues- lution, H. Con. Res. 104. budget. day, and there is plenty of time to get The question was taken; and (two- It’s no secret that the Republicans this done before we finish legislative thirds being in the affirmative) the have fundamental differences in the business on Thursday. So why, Madam rules were suspended and the concur- way they would govern this country. Speaker, are we denying Members and rent resolution was agreed to. But that’s why we have elections, the public the chance to read this A motion to reconsider was laid on Madam Speaker, and the American budget, a budget, which as we all know the table. people spoke loud and clear about what now, at least we know the outside f they want their country to stand for. numbers, spends $17.8 trillion. We have been listening to people over b 1500 And those principles are set in this budget. the past several weeks talk about what WAIVING REQUIREMENT OF Madam Speaker, this budget must be the number a trillion is. Somebody was CLAUSE 6(a) OF RULE XIII WITH adopted in order for this Congress to saying it totals 31,000 years, longer RESPECT TO CONSIDERATION OF start working on the agenda the Amer- than recorded history, in seconds. I CERTAIN RESOLUTIONS ican people want us to enact. I am mean, it’s just amazing to contemplate Mr. MCGOVERN. Madam Speaker, by proud to support this budget. that in this budget it is $17.8 trillion direction of the Committee on Rules, I I reserve the balance of my time. over a 5-year period of time. call up House Resolution 365 and ask Mr. DREIER. Madam Speaker, I yield The only thing that I can figure out, for its immediate consideration. myself such time as I might consume. Madam Speaker, is that tomorrow The Clerk read the resolution, as fol- (Mr. DREIER asked and was given marks the conclusion of the Presi- lows: permission to revise and extend his re- dent’s first 100 days. Now, this is a H. RES. 365 marks.) milestone the press has observed since Resolved, That the requirement of clause Mr. DREIER. I thank my very good Franklin Delano’s Roosevelt’s presi- 6(a) of rule XIII for a two-thirds vote to con- friend from Worcester for yielding me dency. It’s a very symbolic moment sider a report from the Committee on Rules this customary 30 minutes. that every President understandably on the same day it is presented to the House Madam Speaker, I have to say that I likes to highlight. is waived with respect to any resolution re- am really somewhat puzzled as to why The problem rises, Madam Speaker, ported on the legislative day of April 28, 2009, it is that we are here debating a same- when his party cares more about sym- providing for consideration or disposition of day rule for consideration of the Fed- bolism and photo opportunities than a conference report to accompany the con- eral budget’s conference report. As we current resolution (S. Con. Res. 13) setting taking the power of the purse, our con- forth the congressional budget for the United all know, a same-day rule is a mecha- stitutional responsibility here in the States Government for fiscal year 2010, revis- nism to circumvent House rules in people’s House, and taking that seri- ing the appropriate budgetary levels for fis- order to hastily cram through legisla- ously. We have a profound responsi- cal year 2009, and setting forth the appro- tion. bility to spend the taxpayers’ money priate budgetary levels for fiscal years 2011 Why in the world would the Demo- wisely. through 2014. cratic leadership want to rush through During a time of great economic The SPEAKER pro tempore (Mrs. passage of the Federal budget? I recog- challenges, when every working family TAUSCHER). The gentleman from Mas- nize that same-day rules have taken is trying to make every penny count, sachusetts is recognized for 1 hour. place when either party has been in the the responsibility here for us to deal Mr. MCGOVERN. Madam Speaker, for majority, but why in the world would with those tax dollars as wisely as pos- the purpose of debate only, I yield the the Democratic leadership want to do sible is even greater. I would hope that customary 30 minutes to the gen- this, Madam Speaker, for the Federal the Democratic leadership would care tleman from California (Mr. DREIER). budget? more about fiscal responsibility than a All time yielded during consideration As I say, we often use this procedure photo opportunity. of the rule is for debate only. when the government might run out of Unfortunately, this is not a new pat- GENERAL LEAVE money. Well, although we know, as of tern for the House Democratic leader- Mr. MCGOVERN. I ask unanimous last Sunday, April 26, we saw the def- ship. Just a few weeks ago we turned consent that all Members have 5 legis- icit day actually created, Debt Day the process upside down to try to pass lative days within which to revise and created, as of Sunday, we ran out of the GIVE Act so that it could be signed extend their remarks and insert extra- money. We now are in deficit spending by the President just before he left for neous materials into the RECORD. as of today. Europe. The SPEAKER pro tempore. Is there Last year that date was August 4. We Now, cooler heads did prevail, but it objection to the request of the gen- spent all of our money up until August looks like we are headed down that tleman from Massachusetts? 4 of last year. This was last Sunday, exact same path now. This photo op- There was no objection. the 26th of April. So we are now into portunity deadline in the first 100 days Mr. MCGOVERN. Madam Speaker, I borrowed money. But as we all know, is leading us to not go through the reg- yield myself such time as I may con- Madam Speaker, our appropriations ular order for consideration of this sume. bills that we have passed for this cal- budget conference report.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4874 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Now I understand why they would So reject this rule, go at least every appropriation bill for the last few like to pass their budget prior to the through regular order, and I hope very years. completion of the first 100 days. And in much the Democratic leadership will But I will say that it’s convoluted to many ways, Madam Speaker, it is a fulfill its constitutional obligations conclude that if we want to criticize very, very clear definition of what it’s with both responsibility and account- what took place then, we quadruple the about. ability. size of the deficit and the national My friend from Worcester talked With that, Madam Speaker, I reserve debt, which is exactly what this budget about the fact that elections have con- the balance of my time. does. sequences, the people have spoken, and Mr. MCGOVERN. Madam Speaker, I Mr. MCGOVERN. I reclaim my time, this is what they want? Well, I have yield myself such time as I may con- Madam Speaker. got to say that from what I have heard sume. I appreciate the gentleman’s com- from my constituents and from what I Madam Speaker, it’s a little difficult mentary. The fact of the matter is that have seen in polling that has been done to hear lectures from a member of the we are in such trouble right now that across the country, and as I have par- other party, the party that inherited in order to get out of this ditch, in ticipated in telephone town hall meet- from Bill Clinton a record surplus and order to get out of this terrible debt ings and heard my colleagues from then over the next 8 years presided that we are in, we are going to have to both sides of the aisle talking about over an economy that turned that sur- grow our economy, which means in the this, including the President’s cabinet plus into a record deficit, that ruined, short term we are going to have to in- meeting, when he has now been refer- that forced this economy into the ditch vest in our people and invest in our ring to the fact that we need to focus that we are now trying to dig ourselves country. on restraining spending, I clearly don’t out of. That is the rationale behind the believe that a budget that is $17.8 tril- I want to apologize to the gentleman Democratic budget, behind the budget lion of spending over the next 5 years is for the Democratic leadership’s desire that President Obama has put forward. what the American people want or to actually accomplish something, to But, look, one thing is clear, Madam wanted when they cast their votes last get things done. That’s exactly what Speaker, the same old, same old is not what the people want. And for the last November. we are trying to do here. We have done 8 years, the Republicans and President But I will say that if you look at the enough talking. There has been enough Bush have driven this economy into a first 100 days, this is a clear, clear sig- speechifying. The American people direction that people have rejected nal of what it is that we have gotten in voted for action. They voted for soundly during this last election. this 100 days. And it would make a very change. They voted for a new direction. nice press story, I know, to have this They didn’t vote for more speeches. b 1515 accomplished from their perspective by They didn’t vote for more obstruc- At this time, Madam Speaker, I the completion of the 100 days. tionism. They didn’t vote for more of I do believe that there are things would like to yield 3 minutes to the the same of what we had over the last that are much more important than gentleman from Virginia (Mr. SCOTT), a 8 years. press conferences and photo opportuni- member of the Budget Committee. On this budget, just so it’s clear, we ties. The Federal budget happens to be Mr. SCOTT of Virginia. Madam had more than 14 hours of markup in one of them. The Democratic majority Speaker, the gentleman from Massa- the Budget Committee. I was there, be- should, I believe, take taxpayers’ chusetts mentioned the fact that, over cause I am also on the Budget Com- money and the spending of that more the last few years, we’d gotten our- mittee. seriously than has been done in this selves into the ditch. This shows the We had a full debate on the House budget or what we have seen with the ditch that we’re actually in. floor. Four substitute amendments In 1993, we passed a budget that dug stimulus bill, the 1,100-page bill that were made in order. People had an op- we dropped on a table around here and ourselves out of a ditch and created portunity to vote for budgets to the pointed out very widely that people surpluses, as far as I could see. In fact, left and to the right and everything in hadn’t read. in 2001, when we came into session, we Both the President and the majority between. So there was ample time for had a surplus sufficient to put us on promised that Members would be able discussion. We had an open conference track to paying off the entire national to read the bills we are voting on. I re- meeting. debt held by the public by last year. In- member when candidate Obama talked The gentleman is going to have over stead, we had a complete collapse of about that throughout the campaign. 24 hours to read the budget. Now, for the budget beginning in 2001, and there We have had the Speaker of the House someone who hasn’t read the budget, is no telling where this line is going to regularly point to that. he is spouting out a lot of facts and fig- end up. It took 8 years to get into this Nowhere, Madam Speaker, is that ures. But he is going to have over 24 ditch. more important than when we are in hours to read what the conference com- During the good years when we had the midst of debating the Federal budg- mittee produced, because we are not fiscal responsibility, not only were we et. The last time, we all know this very going to vote on the budget until to- on the way to paying off the national well, because we have seen amazing morrow. debt, but we created record numbers of gymnastics take place around here, the Mr. DREIER. Will the gentleman jobs. We had a median income increase last time we rushed through a major yield? of about $7,000 per family, and the Dow piece of legislation like this is the one Mr. MCGOVERN. I am happy to yield Jones Industrial Average more than I just referred to, and it was the so- to the gentleman. tripled. Now we have a situation where called economic stimulus bill. And that Mr. DREIER. I thank my friend for we have had the worst job performance was when we discovered the Federal yielding. since the Great Depression, where the Government was enabling bonuses for Let me make a couple of points here. median income is actually down when companies funded by the U.S. taxpayer. First, as my friend began, he said that adjusted for inflation and where the Now, I ask, as we look at this $17.8 it was difficult for someone who was Dow Jones Industrial Average is worse trillion package over the next 5 years, part of increasing deficits over the past than it was when it started. It took us what’s in this budget, Madam Speaker, 8 years under President Bush to stand 8 years to get into this ditch. that the Democratic leadership does here lecturing on this issue. We have an urgent situation. This not want us to read? Well, I have to stay, Madam Speaker, budget will cut the deficit in half in 4 So, Madam Speaker, I urge my col- that it’s very, very convoluted, I be- years. Now, that is not the end of it. leagues to reject this same-day rule. lieve, to say that we criticized the That’s not enough. Cutting the deficit We need to proceed under regular order spending that took place under Presi- in half is not enough, but for one year’s for consideration of this budget proc- dent Bush. And I will acknowledge we work, that is certainly a good step to- ess, and I personally believe that we could have done better, even though, ward getting us out of a ditch that should do everything within our power with the exception of Defense and took 8 years to get us into. to completely overhaul this badly Homeland Security, we were able to Now we have a situation where the flawed budget structure that we have. bring about real dollar spending cuts in new budget will restore PAYGO, that

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4875 is, that any new program will have to cause of the policies that were imple- Don’t you think we need more infor- be paid for. The reason we could get it mented in 2001 and in 2003, which were mation as to what the impact of this in this kind of ditch was we passed tax growth-oriented tax cuts. budget is going to be on unemployment cuts that we hadn’t paid for, and we With that, I would like to yield 3 and on jobs if it’s implemented in its had spending that wasn’t paid for. But minutes to my very good friend from entirety? We’re talking about good, under this budget, any new initiative Lafayette, Louisiana (Mr. BOUSTANY). high-paying jobs. I’m not talking about will have to be paid for, and that’s Mr. BOUSTANY. I thank my friend white-collar executive jobs. I’m talking going to be hard. We’re talking about for yielding. about pipe fitters, electricians, paint- energy initiatives. We’re talking about Madam Speaker, I stand in opposi- ers, people who work on boats, across- health care initiatives and education tion to the rule that led to this budget the-board manufacturing jobs, small initiatives that will be very expensive, proposal. manufacturing companies that do fab- but none of them can go into effect un- Let me just say that, first of all, this rication and so forth. These are serious Congress is facing some very grave less they’re paid for with other spend- jobs. challenges, along with the President, ing cuts or with tax increases. Every- The SPEAKER pro tempore. The and I think the President has right- thing will be paid for. This is in stark time of the gentleman has expired. fully singled out health care, energy contrast to what happened in 2001 when Mr. DREIER. Madam Speaker, I and education as areas that have to be we didn’t pay for anything. We went would like to yield my friend 1 addi- addressed with substantive reform, but right into a ditch, and we didn’t create tional minute. I have to say that I vehemently dis- any jobs. Mr. BOUSTANY. This is a serious agree with the prescribed approach. It is urgent that we pass this budget issue. It needs to be well-thought-out. Let’s look at a couple of points here. Throw on top of those specific tax in- to get back on the track that we were First of all, let’s take energy. This creases that are proposed on the oil on in 1993 when the budget created energy proposal lays out a prescription and gas industry this massive cap-and- jobs, when the median income was up, for singling out a number of serious oil when the economy was good, and when and gas tax increases, at the very min- trade proposal which is still not well- we were on the way to paying off the imum, totaling $31.5 billion. Now, this thought-out, and of course, we have national debt, instead of the ditch is going to devastate an industry, a do- more work to do on it, obviously. we’re in today where we have had, in mestic oil and gas industry—inde- I have to say the American people de- the last 8 years, the worst job perform- pendent companies, not the big compa- serve to know what this is going to do ance since the Great Depression and nies like ExxonMobil and Shell and in terms of job loss. They really de- huge deficits as far as the eye can see. others that do work overseas but, rath- serve to know, and they deserve to We’re taking a major step in the right er, those independent companies that know what this is going to do to the direction. work in the Gulf of Mexico and that cost of electricity in their hometowns So, Madam Speaker, I would hope supply a major source of oil and gas en- and what it’s going to do to the cost of that we would adopt the budget so we ergy for the United States and for gasoline at the pump and what it’s could get on to the job of restoring the every single American family. going to cost in heating oil and so economy and of balancing this budget. What does this mean for the average forth. That is information we ought to Mr. DREIER. Madam Speaker, I yield family? They’re going to pay higher have. myself such time as I might consume. gas prices at the pump. They’re going So, before we start proposing these I would like to congratulate my good to pay higher costs in electricity. Also, types of expansions of taxes that are friend from Virginia, Mr. SCOTT, for in we’re going to see massive job loss. going to kill jobs, that are going to the chart that he had before us it illus- Now, we did have hearings, yes. Oh, create higher unemployment and that trated the fact that the economic we had hearings. I sit on the Ways and are going to run up the costs, we’re downturn actually began in the last Means Committee. I remember Sec- talking about a recipe for more bor- quarter of the Clinton administration, retary Geithner coming in front of us. rowing, for more spending and higher and that chart correctly points to that. I asked him: How many jobs will this taxes. So I congratulate my friend for recog- budget kill? He could not answer the Mr. MCGOVERN. Madam Speaker, I nizing that. It was the policies put into question. I asked: Do you realize that yield myself such time as I may con- place in 2001 and in 2003 that brought the oil and gas industry employs about sume. about 55 months of uninterrupted job 1.8 million people in the United States Just so that the record is clear—and creation and economic growth and a with about 6 million additional jobs as- this is according to The Wall Street dramatic increase in the flow of reve- sociated with this industry? A lot of Journal—as for jobs created per year in nues because of the growth-oriented these jobs are going to be killed; we’re Office, George W. Bush was the worst tax policies that we did, in fact, imple- going to lose them, and they don’t since the Great Depression. Let me ment. come back right away. This is at a read them. I also would point to the fact, and time when our energy dependence on Jobs Created Per Year in Office: Tru- while my friend proceeds to malign the foreign oil is serious. man, 1.1 million; Eisenhower, 438,000; Bush administration, that it’s obvi- What is our transition strategy as we Kennedy, 1.2 million; Lyndon Johnson, ously very clear, too, that we as Re- try to get to a green economy? Well, 2.3 million; Nixon, 1.7 million; Ford, publicans had the majority when we it’s natural gas. Well, guess what? 745,000; Carter, 2.6 million; Reagan, 2 saw the economic growth that took Thirty-five percent of the natural gas million; Bush I, 625,000; Clinton, 2.9 place in the late 1990s. used in this country comes from wells million; George W. Bush, 375,000. I’d be happy to yield to my friend Mr. that were drilled within the last 2 This is the very conservative Wall SCOTT. years. The rig count is now down over Street Journal, hardly a paper of lib- Mr. SCOTT of Virginia. Thank you. I 50 percent since September. Do the eral ideas and thoughts. thank the gentleman for yielding. math. We’re going to see higher gas Mr. DREIER. Will the gentleman Is it not a fact that the job perform- prices. yield on that point? ance during the 8 years of the Bush ad- So I have to say, if the Secretary Mr. MCGOVERN. I yield to the gen- ministration was the worst since the comes before the committee and offers tleman. Great Depression? this budget proposal but cannot answer Mr. DREIER. I thank my friend for Mr. DREIER. If I could reclaim my simple questions such as ‘‘What is yielding. time, the answer to that is ‘‘no.’’ The going to be the impact on unemploy- I suspect that that was a news story answer to that is ‘‘no.’’ To say that job ment across multiple sectors?’’ that’s a and not necessarily an editorial. I seri- creation during President Bush’s ad- serious concern. ously question those numbers, but I ministration was the worst since the The CBO. I asked the same questions would ask my friend the following: Great Depression, I have no idea where of the Director of the CBO and got the As we look at this issue of account- that number comes from. I do know same answer. They have not done the ability and responsibility, I would re- this: We saw 55 months of continued analysis. Well, I think that’s incom- mind him that this economic down- job creation and economic growth be- plete work. turn, the slowing economy that we’ve

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If someone is con- which dramatically increases, as we all the President of the United States but cerned about the lack of alternatives know, the size of the deficit is a budget also with the party in power here in from the minority, there were dozens which, I don’t believe, the majority of this institution. of amendments when the committee the American people supported or I thank my friend for yielding. worked on this budget. Mr. MCGOVERN wanted when they came forward. Mr. MCGOVERN. Madam Speaker, I and I were part of that. There were two b 1530 reclaim my time. full alternatives from the minority I would say to the gentleman that I that were debated on the floor a couple The American people are hurting. not only hold President Bush account- of weeks ago when the minority had a I will say, Madam Speaker, that I able for the last 8 years and for the dis- chance to set forth its views, and those represent the Los Angeles area part of astrous economy that we now have, but views were considered. San Bernardino County. We have an I also hold accountable the Republican So we think there is a problem with unemployment rate that is well into leadership in Congress, which voted for the timing of these plans. We think the double digits now both in the Los An- some of the worst economic policies American public shouldn’t have to wait geles area, the Inland Empire. People that have literally driven this country 8 years for someone to finally address are hurting. They very much want us into debt and into a ditch. health care and education and the to take action to get the economy back At this time, Madam Speaker, I yield budget deficit, which is cut by two- on track. 3 minutes to the gentleman from New thirds under this budget. The process is Mr. ANDREWS. Will the gentleman yield? Jersey (Mr. ANDREWS), a member of the right. The plan is right. The right Mr. DREIER. I will yield in just a Budget Committee. thing to do is to vote ‘‘yes.’’ (Mr. ANDREWS asked and was given Mr. DREIER. Madam Speaker, I yield moment if I can complete my thought. There are many Democrats who I permission to revise and extend his re- myself such time as I might consume. know in southern California who have marks.) I would say to my very good friend indicated to me that when they voted Mr. ANDREWS. Madam Speaker, I from New Jersey that it’s interesting for President Obama, for Barack would like to thank my friend from to listen to his argument. I’ve heard Obama to become President of the Massachusetts for yielding. the President of the United States. I’ve First, Madam Speaker, the con- heard the Democratic leadership— United States, they had no idea that sistent reference to the so-called ‘‘cap- Speaker PELOSI and Leader REID—and we would see this kind of dramatic and-trade policy’’ from the other side Democrats all the way across the board transformation—which is something is not in the budget. That will be de- say that the Republican Party is sim- that he talked about—of government bated another day. It is not here. ply the party of ‘‘no,’’ that they have that is tripling, quadrupling the size of My friend from California talks no ideas, that they have no proposals the government and the national debt. And it is not just my constituents. about the number of months that there that they come forward with. I do ap- There are a number of very thoughtful was job growth in the prior administra- preciate the fact that my friend has ac- people who have come forward in the tion. Madam Speaker, I think most knowledged that, in the markup in the past 4 weeks. They include the likes of Americans are worried about the num- Budget Committee and here on the Stuart Taylor who writes regularly for ber of months they’ve been out of work House floor, there were both amend- the National Journal. He describes and about the number of months until ments and alternatives brought for- himself as an Obama-friendly centrist, their unemployment benefits expire, ward. Now, it is true that those ideas were and what he has said is that this dra- and this budget is a part of addressing rejected by a vote here in this House, matic surge to the left—which is ex- that concern. but what we’re debating right now is Shortly after taking office, this actly what this Obama budget does whether or not we should have a same- President signed an economic stimulus which is being supported by Speaker day rule which proceeds with the con- ELOSI and the Democratic leader- law, the benefits of which are now P sideration of a measure that does not, ship—is really beyond the pale. And being seen in communities around the in fact, give the appropriate amount of there are a number of other people who United States as construction workers time. This package, this conference re- have been very supportive of the Presi- go to work, as first-time home buyers port, was filed at 11:37 p.m. dent up to this point who have dem- get help with their down payments, Mr. ANDREWS. Will the gentleman onstrated clear disappointment in this hopefully as more cars and trucks are yield? kind of direction. sold, as people can deduct their sales Mr. DREIER. Of course I am happy to With that, I am happy to yield to my tax, as schools are given more opportu- yield to my friend. friend. nities not to lay off teachers, lunch Mr. ANDREWS. Is the gentleman Mr. ANDREWS. I thank my friend. aides and other personnel. aware of the fact that the vote on this So my friend is acknowledging, is he The President also put forth a long- is tomorrow? not, that Members who wish to read term economic proposal that we’re ad- Mr. DREIER. I do understand that the budget will have over tonight to do dressing today in this budget. It’s not the vote on this is scheduled for tomor- that before there is a vote tomorrow, the number of months that President row, but right now, we are debating a correct? Bush did this or that. It’s other ques- same-day rule that allows for the con- Mr. DREIER. If I could reclaim my tions about how many months people sideration of this. time, Madam Speaker, the answer to have been without health insurance. Mr. ANDREWS. Will the gentleman that is no. When is it that the debate This budget puts us on a track to fi- yield? will take place on this issue? nally deal with that problem and to get Mr. DREIER. If I could reclaim my I am happy to yield to my friend. health care costs under control for all time, the fact is that this measure was Mr. ANDREWS. The debate is start- Americans and to get coverage for the filed at 11:37 p.m., and we were told, up ing today and concluding tomorrow. 47 million who do not have it. This until just a short time ago, that we had The conclusion of debate will be tomor- budget, in a very robust way, talks to do this same-day rule because we row. about helping to pay for college edu- were going to be voting on this meas- Mr. DREIER. If I could reclaim my cation. It will make the largest invest- ure today. So it was not until just the time, this bill was filed at 11:37 p.m. ment in college and technical training last moment that we found that the de- last night, just about midnight, and we in the Nation’s history as a result of bate will take place throughout today are standing here at this moment de- what is in this budget. and this evening but that the actual bating something that I guess really The gentleman is concerned about vote will take place tomorrow. isn’t necessary. the process by which this is being done. So I don’t know exactly what has led The fact is what we have done is We’re concerned about the process by to this, if it’s an awakening about the we’ve thrown out standard procedure

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4877 for one reason and one reason only: not resents a change, and they are going to budget, Madam Speaker, we will be because the government is about to run get it. able to offer health care to the 46 mil- out of money, not because we’ve got an Mr. Speaker, I would like to yield 3 lion Americans currently without in- important recess upon us, not because minutes at this time to the gentleman surance. it’s the end of the week, but simply be- from Virginia (Mr. CONNOLLY), a mem- This budget invests in energy inde- cause we want a photo opportunity for ber of the Budget Committee. pendence and promotes a clean energy the completion of the first 100 days of Mr. CONNOLLY of Virginia. I thank economy creating jobs. Increasing our this Presidency. the gentleman. investment in energy efficiency and re- I understand that optics are impor- Madam Speaker, I rise today in sup- newable energy technologies will pro- tant. I recognize that. But I do believe port of the conference report for the mote America’s energy independence that since we have begun already at concurrent resolution on the budget for and safeguard our environment. this moment the debate on this budget fiscal year 2010. The previous adminis- In recognition of the critical role conference report, merely hours—12, 13, tration left us with a tremendous chal- that education plays in our economic 14 hours—after it was filed last night, lenge to overcome the largest budget productivity, this budget also builds you can say that the vote is going to deficit ever, the highest unemployment upon the classroom support provided in take place tomorrow but Members who rate in 25 years, housing values in the Recovery Act. From enhancing might want to have the chance to de- freefall, consumer confidence at record Head Start and other early childhood bate, deliberate and think about this lows. This budget encapsulates a bold learning opportunities to making col- issue are not going to have the allo- vision for making crucial investments lege more affordable through Pell cated time to read this. in righting our economy and helping Grants, this budget will prepare our Mr. ANDREWS. Will the gentleman our working families. children to become productive, contrib- yield? I am pleased that, at my request, the uting members of the global economy. Mr. DREIER. Of course I am happy to budget reflects an investment in our This budget is the product of the yield. Federal workforce, including parity be- hard work of Chairman SPRATT, Chair- Mr. ANDREWS. How many of the tween civilian and military Federal man CONRAD in the other body, and the gentleman’s Members from his side are employees. Pay parity ensures equi- budget conferees; and it carries forward here to deliberate and debate this right table treatment for all Federal employ- the bold investments in America that now, out of curiosity? ees. President Obama has promised this Mr. DREIER. If I could reclaim my I applaud the conference report’s in- country. time, Madam Speaker, we are at this crease in the level of funding for inter- I urge my colleagues to support the moment debating this convoluted, un- national affairs, Madam Speaker. De- conference report. necessary same-day rule. We are here fense Secretary Robert Gates said in Mr. DREIER. Madam Speaker, I yield to debate whether or not we should July, under the Bush administration, myself such time as I might consume. proceed with consideration of the budg- ‘‘It has become clear that America’s ci- I am glad my friend from New Jersey et conference report under a totally vilian institutions of diplomacy and has remained here on the floor. unnecessary same-day rule. development have been chronically First of all, I have just got to say We have had some very thoughtful undermanned and underfunded for far that on this notion that we somehow remarks by my friend from Lafayette, too long.’’ Secretary Gates under- are doing this in a very fair way, my and I know if my friend would like me stands, and understood then, the value time travel skills have become a little to send someone to the cloakroom to of diplomacy as a national security rusty of late, and I will say that the call the lode of Republicans to come tool and we would be well served to bill was filed at 11:37 last night, and a over and engage in this debate, I know support that critical investment. I am number of us are just starting to read that there would be many more who delighted the conference report has it, the conference report, that is. I would join us. added back funds for the 150 Function. don’t know whether we’re going to The fact is we have begun this proc- This budget is transformative and have the vote today or tomorrow, but ess prematurely. We are not being pro- provides for the critical investments in the fact is we are debating it today. So vided what was promised by the Speak- America that have been neglected for Members should have an opportunity er of the House on her opening day and too long. Deficit reduction, middle-in- to do that. promised by Barack Obama when he come tax relief, health care reform, Now my friend began his remarks in was a candidate to be President of the education and energy independence are the well by saying that this conference United States, and that is an adequate the linchpins of this budget. report has no mention whatsoever of amount of time to deliberate over this With this budget, we will cut in half the issue of cap-and-trade. process. the current deficit of more than $1 tril- Mr. ANDREWS. Will the gentleman With that, I reserve the balance of lion, most of it inherited from Presi- yield? my time. dent Bush. It would further reduce that Mr. DREIER. Of course I am happy to Mr. MCGOVERN. Madam Speaker, I deficit by 2014 by two-thirds. This yield. yield myself such time as I consume. budget reduces non-defense discre- Mr. ANDREWS. That is not what I Let me apologize to the gentleman, tionary spending over the next 10 years said. I said that the conference report again, for him getting what he wants. to its lowest level as a percentage of does not enact cap-and-trade. The Democratic leadership promised 24 the gross domestic product in almost a Mr. DREIER. If I could reclaim my hours for Members to be able to review half a century. time, Madam Speaker, I will say that this bill before there was a vote. They This budget supports the middle class during the debate that we had on the are going to get more than 24 hours. by expanding the child tax credit, budget process, we regularly had Mem- Let me also point out to the gentleman maintaining the elimination of the bers say that there was no mention of when he talks about this kind of marriage tax penalty, carrying forward this whatsoever. I know. I managed the unpopularity of President Barack the Making Work Pay tax credit, main- rule when we had the first budget. I am Obama’s ideas and his budget, maybe taining the estate tax and capital gains just saying that a number of Members he hasn’t seen the recent polls. By a 56 tax reductions and ensuring that the did, in fact, on the other side of the percent to 32 percent margin, Ameri- alternative minimum tax does not hit aisle make that very clear during de- cans believe that the Obama budget the millions of working Americans in bate. sets the right priorities. danger otherwise of being affected. What I would like to do is commend I think what is difficult for the gen- This budget supports meaningful to my colleagues sections 302 and 323 of tleman to accept and members of his health care reform. During the last 8 this conference report, both of which party is that the people have spoken. years, the number of Americans with- make mention of that. The people have had it with Bush eco- out health insurance increased from I would like to yield 30 seconds to the nomics. They’ve had it with the Repub- 13.7 percent to 15.3 percent of the popu- hardworking member of the Ways and lican priorities of the last 8 years. lation at the same time health care Means Committee, the gentleman from They want a change. This budget rep- costs were skyrocketing. Under this Lafayette, Louisiana (Mr. BOUSTANY).

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4878 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Mr. BOUSTANY. I appreciate the budgets every other day. Then 2 years forward.’’ That is the proposal that we gentleman yielding. ago, when the gentlewoman from Cali- will vote yes or no on in this House. I think it’s important to recognize fornia, Ms. PELOSI, became Speaker of The Disabled American Veterans said that this budget proposes to enact cap- the House, she promised it would be a this spending blueprint ‘‘is good news and-trade legislation. It’s one of the as- new day for America’s veterans. Speak- for our Nation’s veterans. Not only sumptions in the budget. er PELOSI has kept her promise to does it provide a record increase for the The gentleman from Massachusetts those who have kept their promise to Department of Veterans Affairs, this mentioned that the American people serve our Nation in uniform. resolution clears the way for much- have spoken about this, but I want to The results are historic and unprece- needed legislation to ensure sufficient, remind him that, again, there are a lot dented. In just 2 years, the Democratic timely, and predictable funding for vet- of unanswered questions about the in- Congress has increased veterans’ erans’ health care.’’ Those are the herent proposals in the budget, such as health care and benefits funding by words of the DAV. the impact on unemployment based on over $17 billion. That is a larger in- By significantly increasing funding some of the assumptions in this budg- crease than the Republican-controlled for the VA and by allowing for the first et. House passed cumulatively over 12 time advanced appropriations for VA I’ve got data from the oil and gas in- years. This Democratic funding in- medical care, this resolution meets the dustry that shows pretty devastating crease for veterans means better qual- highest priorities of America’s heroes, results across the board on the gulf ity health care for 5.8 million veterans our veterans. coast and in manufacturing in other and shorter waiting times for doctor A vote for this budget resolution is a States around the country as a result appointments and earned benefits for vote to honor and respect America’s of the assumptions in this budget. combat wounded veterans. It means veterans. They deserve that vote. They Mr. DREIER. I thank my friend. more extensive mental health care have earned that vote with their serv- Madam Chair, let me just say that as services for veterans suffering from ice and their sacrifice. interesting as we regularly have the PTSD. Mr. DREIER. Madam Speaker, unfor- finger of blame pointed at Bush, what tunately, my friend refused to yield to b 1545 President Obama has inherited came the gentleman from Lafayette, who from President George W. Bush and, Then, candidate Obama last year said wanted to engage in debate, which is Madam Speaker, as you know very he would, if elected President, keep our what this is all about, so I am happy to well, a Democratic majority here in Nation’s sacred trust with our vet- yield 1 minute to my friend from La- the House of Representatives. erans. President Obama fulfilled that fayette. With that, I reserve the balance of promise when earlier this year he Mr. BOUSTANY. I thank the gen- my time. asked for a larger increase in the VA tleman. Mr. MCGOVERN. Madam Speaker, I budget than any President in American I think it is a mischaracterization to yield 1 minute to the gentleman from history. say that we cut veteran spending. We New Jersey (Mr. ANDREWS). This budget resolution on the floor of actually raised veteran spending each Mr. ANDREWS. I thank my friend for the House right now reflects the Presi- year we were in the majority. But I yielding. dent’s priority for honoring our vet- want to point out something else, and I would say to my friend from Cali- erans. It increases VA discretionary that is—— fornia that the Democratic majority spending for veterans’ health care and Mr. EDWARDS of Texas. Will the with a Democratic President will dem- benefits by $5.6 billion in fiscal year gentleman yield? onstrate to the gentleman what we be- 2010, and by $27 billion over the next 5 Mr. BOUSTANY. No, I am not going lieve in and will enact it. years. And at the President’s request, to yield to the gentleman. I want to With respect to the issue of cap-and- it allows forward funding for the VA complete a thought. trade, the two sections that are ref- health care system, the highest of pri- The gentleman was standing here at erenced in the budget conference re- orities for our veteran service organi- the podium saying that we are going to port say this: If the Congress enacts zations. spend this and we are going to spend cap-and-trade legislation, then the Listen to what respected veterans’ that on veterans; but at the same time, budget numbers will be adjusted to re- organizations have said about this my friend from New Jersey was earlier flect that being enacted. If this con- budget resolution. The American Le- saying that this is a budget proposal ference report passes, there will be no gion said— that doesn’t enact anything. So I think limit on carbon enacted. There will be Mr. BOUSTANY. Will the gentleman we are seeing a double standard being no revenues raised to enforce that yield? discussed over here. limit. It simply says that if the Con- Mr. EDWARDS of Texas. No. I would We all recognize this is a proposal, it gress in subsequent consideration does rather quote the American Legion. is a political document, but I have to that, then, in fact, the budget would be The American Legion said ‘‘it ap- say that we oppose it because it pro- adjusted. plauds the Conference Committee.’’ It poses to borrow too much, it proposes The minority has consistently frank- goes on to say, ‘‘This funding will help to spend too much, and it proposes to ly used a number of tax increase per cover the ongoing cost of war to care tax too much. household that the authors of the for the men and women of the United Mr. MCGOVERN. Madam Speaker, I study on which they rely have said was States Armed Forces and their fami- yield 1 minute to the gentleman from a misrepresentation. lies.’’ Texas (Mr. EDWARDS). Mr. DREIER. Madam Speaker, let me The Veterans of Foreign Wars said Mr. EDWARDS of Texas. Madam inquire of the Chair how much time is this, in a letter to Chairmen SPRATT Speaker, first let me say to the gen- remaining. and CONRAD, ‘‘The VFW salutes your tleman, if he had listened to my words, The SPEAKER pro tempore. The gen- strong leadership in quickly coming to he would have heard I didn’t accuse the tleman from California has 8 minutes an agreement, especially one that Republicans of cutting the VA budget. remaining. The gentleman from Massa- makes so many meaningful and valu- I did accuse them—rightfully so, and chusetts has 14 minutes remaining. able improvements to the Department the veterans organizations would agree Mr. DREIER. Madam Speaker, I will of Veterans Affairs. We strongly en- with me—of underfunding VA health reserve the balance of my time. courage all in Congress to follow your care and benefit needs during the 12 Mr. MCGOVERN. Madam Speaker, I lead and adopt this conference report.’’ years. You had the ability to increase would like to yield 4 minutes to the Those are the words of the Veterans of the VA budget to adequate levels, and gentleman from Texas (Mr. EDWARDS). Foreign Wars. you never did it. And the fact is that Mr. EDWARDS of Texas. Madam They went on to say, ‘‘An advanced this budget resolution authorizes an Speaker, for too many years, adminis- appropriation for veterans’ medical historic increase in VA health care and trations of Congress honored our vet- care is among the VFW’s highest prior- benefit spending. If the gentleman dis- erans with speeches on Veterans Day, ities, and we sincerely appreciate that agrees with that increase, then he cer- yet dishonored them with inadequate you brought this excellent proposal tainly has a right to vote ‘‘no.’’ For

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4879 me, I am going to stand on the side of We know what the economic answer a conscience for a change. This is the DAV, the American Legion, and is to the challenges that we have. And something that our constituents from the VFW, who strongly support this I have regularly talked about it here, the east coast to the west coast, I budget resolution and its support of Madam Speaker, and that is, we need think, are going to find things in here America’s veterans. to take what has been promised by our that they can cheer about. Mr. DREIER. Madam Speaker, may I friends on the other side of the aisle, This is a budget that creates jobs inquire as to how much time is remain- but is totally ignored on a regular with targeted investments in afford- ing? basis, and that is a bipartisan ap- able health care, clean energy, and edu- The SPEAKER pro tempore. The gen- proach. And when I say a bipartisan ap- cation. It cuts taxes for middle-income tleman from California has 7 minutes proach, I believe we should take the families by more than $1.7 trillion over remaining. The gentleman from Massa- ideas that were put forth by President 10 years. It cuts the deficit by nearly chusetts has 91⁄2 minutes remaining. John F. Kennedy in the early 1960s and two-thirds in 4 years. And it cuts non- Mr. DREIER. Madam Speaker, I yield Ronald Reagan in the early 1980s, and defense discretionary spending as a myself the balance of the time. We are what we need to do, Madam Speaker, is percent of the economy. standing here today doing something we need to have a growth-oriented tax We are going to deal with health that is absolutely unnecessary. As I rate reduction that will stimulate the care. For years, ever since I came to said in my opening remarks, why economy and generate the kind of rev- Congress—I got elected in 1996—the would we throw the rules out the win- enue flow that is needed. number one issue that every poll shows dow and have consideration of what is We need to pursue market opening that Americans want us to deal with is on occasion needed to rush through opportunities for us around the world health care. We are going to be able to legislation, a same-day rule? rather than sticking our head in the deal with it, I believe, this year. We are The notion of a same-day rule under- sand and ignoring things like the Co- going to deal with college affordability mines what was promised by candidate lombia Free Trade Agreement and the so that everybody who wants to get a Obama, by Speaker PELOSI, and others South Korea Free Trade Agreement. college education can get one, and no- in the Democratic leadership, and that That would go a long way towards cre- body is denied a college education be- is, that we would have a higher degree ating jobs, good jobs right here in the cause they can’t afford to get one. of deliberation. This conference report United States of America if we can We are going to deal with the issue of was, as I said, filed at 11:37 p.m. last again pry open those markets. Those clean energy. We are going to actually night, some 15, 16 hours ago. are the kinds of things we should be begin to invest in renewable, clean, al- We are in the midst of beginning the doing. And all we are getting, Madam ternative sources of energy so we are debate, and we are going to proceed to Speaker, is a package that dramati- not reliant solely on the oil industry or debate this. And now we have heard, in cally increases the size of the annual on foreign imports for our energy. So the last hour or so, that a decision was deficit and the national debt. there is a lot in this budget I think made that we will vote tomorrow, and Madam Speaker, in this budget, the that we all can be very proud of. that somehow will allow this to look as deficit alone for the next year is larger You are going to have 24 hours to re- if it’s fair. Well, again, Madam Speak- than the entire budget was a mere 10 view the budget. Even if you had 124 er, we are in the midst of debating a years ago. hours, my guess is that my friends on document which Members have not had So Madam Speaker, I encourage my the other side of the aisle would be an adequate enough time to see. colleagues to work hard to get the against this budget. They have been Now, that aside, it is clear that the economy back on track. The best way against virtually everything this new American people are hurting. I men- that we can do that is to reject this President has proposed. I think their tioned the fact that I just got back last same-day rule and reject this con- kind of rationale there, their philos- night from Los Angeles. We have seri- ference report and get back to the ophy for regaining political power is to ous problems in our city, in our coun- table with something that will get our deny this new President any victory, ty, and in the State of California. We economy back on track. any accomplishment. have serious problems all across this With that, I yield back the balance of Mr. DREIER. Will the gentleman country. People are losing their homes, my time. yield? people are losing their jobs. Mr. MCGOVERN. Madam Speaker, let Mr. MCGOVERN. I am not going to And what we hear from our col- me first begin by saying something yield at this time. I didn’t interrupt leagues on the other side of the aisle is about the process. The Democratic you during your closing statement. the finger of blame is pointed at leadership promised that Members The fact of the matter is that people George W. Bush, in large part because would have 24 hours to review the are tired of a party that says ‘‘no’’ to of deficit spending. And now, what was, budget before it was voted on. There everything. That was demonstrated as I said, inherited by President Obama will be more than 24 hours to view this loud and clear in the last election. We from President Bush, yes—and a Con- budget. need to move in a new direction. gress that has been controlled by This budget has gone through a long I think what the American people are Democrats for the last 2 years—they process. We had more than 14 hours of hearing, quite frankly, is they are have inherited an economy which is markup in the Budget Committee. I’ve hearing that help is on the way. That is facing serious problems, an economy lost count of how many amendments why 56 percent of the Americans polled that is clearly in recession. Madam were offered. Again, there were four agree with the priorities in this budget. Speaker, the solution is to do what substitutes that were made in order They are hearing that help is on the economists across the board, Demo- and debated and voted on this floor. We way for all Americans, not just the crats and Republicans, not Republican had an open conference committee wealthy few, the wealthy few who have political operatives, but many Demo- meeting that produced this final prod- benefited greatly over the last 8 years. cratic economists have said is not the uct. We are going to have over 24 hours Things are different. Change is hap- right solution. to review it. pening here in Washington, and I am My friend from St. Louis, Mr. AKIN, So I guess if people want to complain proud to be part of this process. has come to quote the Treasury Sec- for the sake of complaining, there is So I urge my colleagues to vote retary under Franklin Delano Roo- not much we can do on this side to deal ‘‘yes’’ on the previous question and on sevelt, Henry Morgenthau, who, in tes- with that. But the fact of the matter is the rule. timony before the House Ways and this has been a fair process and this Madam Speaker, I yield back the bal- Means Committee, said, ‘‘We’ve tried has been a good process. I want to com- ance of my time, and I move the pre- spending money. We’ve spent more mend Chairman SPRATT and Ranking vious question on the resolution. money than we’ve ever spent before. Member RYAN and the staffs, both The previous question was ordered. Now, after 8 years of this Roosevelt ad- Democratic and Republican staffs, for The SPEAKER pro tempore. The ministration, we have an unemploy- their incredible work, their tireless question is on the resolution. ment rate that is just as high as when work on this budget. The question was taken; and the we started and an enormous debt to I am proud of the budget we are Speaker pro tempore announced that boot.’’ going to vote on. This is a budget with the ayes appeared to have it.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4880 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Mr. DREIER. Madam Speaker, on The vote was taken by electronic de- Miller, Gary Reyes Souder that I demand the yeas and nays. vice, and there were—yeas 422, nays 1, Miller, George Richardson Space Minnick Rodriguez Speier The yeas and nays were ordered. answered ‘‘present’’ 1, not voting 8, as Mitchell Roe (TN) Spratt The SPEAKER pro tempore. Pursu- follows: Mollohan Rogers (AL) Stearns ant to clause 8 of rule XX, further pro- Moore (KS) Rogers (KY) Stupak [Roll No. 210] Moore (WI) Rogers (MI) ceedings on this question will be post- Sullivan YEAS—422 Moran (KS) Rohrabacher Sutton poned. Moran (VA) Rooney Tanner Abercrombie Culberson Inglis Murphy (CT) Ros-Lehtinen Tauscher f Ackerman Cummings Inslee Murphy, Patrick Roskam Taylor Aderholt Dahlkemper Israel Murphy, Tim Ross REPORT ON RESOLUTION PRO- Adler (NJ) Davis (AL) Issa Teague Murtha Rothman (NJ) Terry VIDING FOR CONSIDERATION OF Akin Davis (CA) Jackson-Lee Myrick Roybal-Allard Alexander Davis (IL) (TX) Thompson (CA) H.R. 1913, LOCAL LAW ENFORCE- Nadler (NY) Royce Thompson (MS) Altmire Davis (KY) Jenkins Napolitano Ruppersberger MENT HATE CRIMES PREVEN- Thompson (PA) Andrews Davis (TN) Johnson (GA) Neal (MA) Rush TION ACT OF 2009 Thornberry Arcuri Deal (GA) Johnson (IL) Neugebauer Ryan (OH) Tiahrt Austria DeFazio Johnson, E. B. Nunes Ryan (WI) Mr. MCGOVERN, from the Com- Tiberi Baca DeGette Jones Nye Salazar mittee on Rules, submitted a privi- Tierney Bachmann Delahunt Jordan (OH) Oberstar Sa´ nchez, Linda leged report (Rept. No. 111–91) on the Bachus DeLauro Kagen Obey T. Titus resolution (H. Res. 372) providing for Baird Dent Kanjorski Olson Sanchez, Loretta Tonko Towns consideration of the bill (H.R. 1913) to Baldwin Diaz-Balart, L. Kaptur Olver Sarbanes Barrett (SC) Diaz-Balart, M. Kennedy Ortiz Scalise Tsongas provide Federal assistance to States, Barrow Dicks Kildee Pallone Schakowsky Turner local jurisdictions, and Indian tribes to Bartlett Dingell Kilpatrick (MI) Pascrell Schauer Upton prosecute hate crimes, and for other Barton (TX) Doggett Kilroy Pastor (AZ) Schiff Van Hollen Bean Donnelly (IN) Kind Vela´ zquez purposes, which was referred to the Paulsen Schmidt Becerra Doyle King (IA) Payne Schock Visclosky House Calendar and ordered to be Berkley Dreier King (NY) Pence Schrader Walden printed. Berman Driehaus Kingston Perlmutter Schwartz Walz Berry Duncan Kirk Perriello Scott (GA) Wamp f Biggert Edwards (MD) Kirkpatrick (AZ) Peters Scott (VA) Wasserman Bilbray Edwards (TX) Kissell Schultz MESSAGE FROM THE SENATE Peterson Sensenbrenner Bilirakis Ehlers Klein (FL) Petri Serrano Waters A message from the Senate by Ms. Bishop (GA) Ellison Kline (MN) Pingree (ME) Sessions Watson Bishop (NY) Ellsworth Kosmas Watt Byrd, one of its clerks, announced that Pitts Sestak Bishop (UT) Emerson Kratovil Platts Shadegg Waxman the Senate has passed without amend- Blackburn Engel Kucinich Poe (TX) Shea-Porter Weiner ment a bill of the House of the fol- Blumenauer Eshoo Lamborn Polis (CO) Sherman Welch lowing title: Blunt Etheridge Lance Pomeroy Shimkus Westmoreland Boccieri Fallin Langevin Posey Shuler Wexler H.R. 1626. An act to make technical amend- Boehner Farr Larsen (WA) Price (GA) Shuster Whitfield ments to laws containing time periods af- Bonner Fattah Larson (CT) Price (NC) Simpson Wilson (OH) fecting judicial proceedings. Bono Mack Filner Latham Putnam Sires Wilson (SC) Boozman Flake LaTourette Quigley Skelton Wittman The message also announced that the Boren Fleming Latta Radanovich Smith (NE) Wolf Senate has passed a bill of the fol- Boswell Forbes Lee (CA) Rahall Smith (NJ) Woolsey lowing title in which the concurrence Boucher Fortenberry Lee (NY) Rangel Smith (TX) Yarmuth Boustany Foster Levin of the House is requested: Rehberg Smith (WA) Young (AK) Boyd Foxx Lewis (CA) Reichert Snyder Young (FL) S. 386. An act to improve enforcement of Brady (PA) Frank (MA) Lewis (GA) mortgage fraud, securities fraud, financial Brady (TX) Franks (AZ) Linder NAYS—1 institution fraud, and other frauds related to Braley (IA) Frelinghuysen Lipinski Paul Bright Fudge LoBiondo federal assistance and relief programs, for Broun (GA) Gallegly Loebsack ANSWERED ‘‘PRESENT’’—1 the recovery of funds lost to these frauds, Brown (SC) Garrett (NJ) Lowey Slaughter and for other purposes. Brown-Waite, Gerlach Lucas Ginny Giffords Luetkemeyer NOT VOTING—8 f ´ Buchanan Gingrey (GA) Lujan Brown, Corrine Jackson (IL) Stark ANNOUNCEMENT BY THE SPEAKER Burton (IN) Gohmert Lummis Burgess Johnson, Sam Wu Butterfield Gonzalez Lungren, Daniel Clay Lofgren, Zoe PRO TEMPORE Buyer Goodlatte E. The SPEAKER pro tempore. Pursu- Calvert Gordon (TN) Lynch b 1629 Camp Granger Mack ant to clause 8 of rule XX, proceedings Campbell Graves Maffei Mr. FRANK of Massachusetts will resume on motions to suspend the Cantor Grayson Maloney changed his vote from ‘‘nay’’ to ‘‘yea.’’ rules previously postponed. Cao Green, Al Manzullo Ms. SLAUGHTER changed her vote Votes will be taken in the following Capito Green, Gene Marchant from ‘‘yea’’ to ‘‘present.’’ Capps Griffith Markey (CO) order: Capuano Grijalva Markey (MA) So (two-thirds being in the affirma- Suspending the rules with respect to Cardoza Guthrie Marshall tive) the rules were suspended and the H.R. 1243 and House Resolution 344, and Carnahan Gutierrez Massa bill was passed. adopting House Resolution 365. Carney Hall (NY) Matheson The result of the vote was announced Carson (IN) Hall (TX) Matsui as above recorded. The first electronic vote will be con- Carter Halvorson McCarthy (CA) ducted as a 15-minute vote. Remaining Cassidy Hare McCarthy (NY) A motion to reconsider was laid on electronic votes will be conducted as 5- Castle Harman McCaul the table. Castor (FL) Harper McClintock f minute votes. Chaffetz Hastings (FL) McCollum f Chandler Hastings (WA) McCotter COMMENDING THE UNIVERSITY OF Childers Heinrich McDermott CONNECTICUT WOMEN’S BASKET- AWARDING CONGRESSIONAL GOLD Clarke Heller McGovern BALL TEAM MEDAL TO ARNOLD PALMER Cleaver Hensarling McHenry Clyburn Herger McHugh The SPEAKER pro tempore. The un- The SPEAKER pro tempore. The un- Coble Herseth Sandlin McIntyre finished business is the question on finished business is the vote on the mo- Coffman (CO) Higgins McKeon Cohen Hill McMahon suspending the rules and agreeing to tion to suspend the rules and pass the Cole Himes McMorris the resolution, H. Res. 344. bill, H.R. 1243, on which the yeas and Conaway Hinchey Rodgers The Clerk read the title of the resolu- nays were ordered. Connolly (VA) Hinojosa McNerney Conyers Hirono Meek (FL) tion. The Clerk read the title of the bill. Cooper Hodes Meeks (NY) The SPEAKER pro tempore. The The SPEAKER pro tempore. The Costa Hoekstra Melancon question is on the motion offered by question is on the motion offered by Costello Holden Mica the gentleman from the Northern Mar- the gentleman from California (Mr. Courtney Holt Michaud iana Islands (Mr. SABLAN) that the Crenshaw Honda Miller (FL) BACA) that the House suspend the rules Crowley Hoyer Miller (MI) House suspend the rules and agree to and pass the bill, H.R. 1243. Cuellar Hunter Miller (NC) the resolution, H. Res. 344.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4881 The question was taken. Marchant Perlmutter Shuler The SPEAKER pro tempore. The The SPEAKER pro tempore. In the Markey (CO) Perriello Shuster question is on the resolution. Markey (MA) Peters Simpson opinion of the Chair, two-thirds being Marshall Peterson Sires This will be a 5-minute vote. in the affirmative, the ayes have it. Massa Petri Skelton The vote was taken by electronic de- Mr. MCGOVERN. Madam Speaker, on Matheson Pingree (ME) Slaughter vice, and there were—yeas 233, nays Matsui Pitts that I demand the yeas and nays. Smith (NE) 191, not voting 8, as follows: McCarthy (CA) Platts Smith (NJ) The yeas and nays were ordered. McCarthy (NY) Poe (TX) Smith (TX) [Roll No. 212] McCaul Polis (CO) The SPEAKER pro tempore. This Smith (WA) YEAS—233 will be a 5-minute vote. McClintock Pomeroy Snyder McCollum Posey Souder Abercrombie Grijalva Olver The vote was taken by electronic de- McCotter Price (GA) Space Ackerman Gutierrez Ortiz vice, and there were—yeas 425, nays 0, McDermott Price (NC) Speier Adler (NJ) Hall (NY) Pallone not voting 7, as follows: McGovern Putnam Spratt Altmire Halvorson Pascrell McHenry Quigley Andrews Hare Pastor (AZ) [Roll No. 211] Stearns McHugh Radanovich Stupak Arcuri Harman Payne YEAS—425 McIntyre Rahall Sullivan Baca Hastings (FL) Perlmutter McKeon Rangel Baldwin Heinrich Perriello Abercrombie Conaway Hastings (FL) Sutton McMahon Rehberg Tanner Barrow Herseth Sandlin Peters Ackerman Connolly (VA) Hastings (WA) McMorris Reichert Bartlett Higgins Peterson Aderholt Conyers Tauscher Heinrich Rodgers Reyes Bean Himes Pingree (ME) Adler (NJ) Cooper Heller Taylor McNerney Richardson Becerra Hinchey Polis (CO) Akin Costa Hensarling Teague Meek (FL) Rodriguez Berkley Hinojosa Pomeroy Alexander Costello Herger Terry Meeks (NY) Roe (TN) Berman Hirono Price (NC) Altmire Courtney Herseth Sandlin Thompson (CA) Melancon Rogers (AL) Berry Hodes Quigley Andrews Crenshaw Higgins Thompson (MS) Mica Rogers (KY) Bishop (GA) Holden Rahall Arcuri Crowley Hill Thompson (PA) Michaud Rogers (MI) Bishop (NY) Holt Rangel Austria Cuellar Himes Thornberry Miller (FL) Rohrabacher Blumenauer Honda Reyes Baca Culberson Hinchey Tiahrt Miller (MI) Rooney Boccieri Hoyer Richardson Bachmann Cummings Hinojosa Tiberi Miller (NC) Ros-Lehtinen Boren Inslee Rodriguez Bachus Dahlkemper Hirono Tierney Miller, Gary Roskam Boswell Israel Ross Baird Davis (AL) Hodes Titus Miller, George Ross Boucher Jackson-Lee Rothman (NJ) Baldwin Davis (CA) Hoekstra Minnick Rothman (NJ) Tonko Boyd (TX) Barrett (SC) Davis (IL) Holden Towns Roybal-Allard Mitchell Roybal-Allard Brady (PA) Johnson (GA) Ruppersberger Barrow Davis (KY) Holt Mollohan Royce Tsongas Braley (IA) Johnson, E. B. Bartlett Davis (TN) Honda Turner Rush Moore (KS) Ruppersberger Butterfield Kagen Ryan (OH) Barton (TX) Deal (GA) Hoyer Moore (WI) Rush Upton Capps Kanjorski Bean DeFazio Hunter Van Hollen Salazar Moran (KS) Ryan (OH) Capuano Kaptur Sa´ nchez, Linda Becerra DeGette Inglis Moran (VA) Ryan (WI) Vela´ zquez Cardoza Kennedy Berkley Delahunt Inslee Visclosky T. Murphy (CT) Salazar Carnahan Kildee Sanchez, Loretta Berman DeLauro Israel ´ Walden Murphy, Patrick Sanchez, Linda Carson (IN) Kilpatrick (MI) Sarbanes Berry Dent Issa Walz Castor (FL) Kind Murphy, Tim T. Schakowsky Biggert Diaz-Balart, L. Jackson-Lee Murtha Sanchez, Loretta Wamp Chandler Kissell Schauer Bilbray Diaz-Balart, M. (TX) Myrick Sarbanes Wasserman Clarke Klein (FL) Schiff Bilirakis Dicks Jenkins Nadler (NY) Scalise Schultz Cleaver Kosmas Schrader Bishop (GA) Dingell Johnson (GA) Napolitano Schakowsky Waters Clyburn Kucinich Schwartz Bishop (NY) Doggett Johnson (IL) Neal (MA) Schauer Watson Cohen Langevin Scott (GA) Bishop (UT) Donnelly (IN) Johnson, E. B. Neugebauer Schiff Watt Connolly (VA) Larsen (WA) Scott (VA) Blackburn Doyle Jones Nunes Schmidt Waxman Conyers Larson (CT) Serrano Blumenauer Dreier Jordan (OH) Nye Schock Weiner Cooper Lee (CA) Sestak Blunt Driehaus Kagen Oberstar Schrader Welch Costa Levin Shea-Porter Boccieri Duncan Kanjorski Obey Schwartz Westmoreland Costello Lewis (GA) Sherman Boehner Edwards (MD) Kaptur Olson Scott (GA) Wexler Courtney Lipinski Bonner Edwards (TX) Kennedy Olver Scott (VA) Whitfield Crowley Loebsack Sires Bono Mack Ehlers Kildee Ortiz Sensenbrenner Wilson (OH) Cuellar Lofgren, Zoe Skelton Boozman Ellison Kilpatrick (MI) Pallone Serrano Wilson (SC) Cummings Lowey Slaughter Boren Ellsworth Kilroy Pascrell Sessions Wittman Dahlkemper Luja´ n Smith (WA) Boswell Emerson Kind Pastor (AZ) Sestak Wolf Davis (AL) Lynch Snyder Boucher Engel King (IA) Paul Shadegg Woolsey Davis (CA) Maffei Space Boustany Eshoo King (NY) Paulsen Shea-Porter Yarmuth Davis (IL) Maloney Speier Boyd Etheridge Kingston Payne Sherman Young (AK) Davis (TN) Markey (CO) Spratt Brady (PA) Fallin Kirk Pence Shimkus Young (FL) DeFazio Markey (MA) Stupak Brady (TX) Farr Kirkpatrick (AZ) DeGette Massa Sutton Braley (IA) Fattah Kissell NOT VOTING—7 Delahunt Matheson Tanner Bright Filner Klein (FL) Brown, Corrine Jackson (IL) Wu DeLauro Matsui Tauscher Broun (GA) Flake Kline (MN) Burgess Johnson, Sam Dicks McCarthy (NY) Teague Brown (SC) Fleming Kosmas Clay Stark Dingell McCollum Thompson (CA) Brown-Waite, Forbes Kratovil Doggett McDermott Thompson (MS) Ginny Fortenberry Kucinich ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Donnelly (IN) McGovern Tierney Buchanan Foster Lamborn The SPEAKER pro tempore (during Doyle McIntyre Titus Burton (IN) Foxx Lance the vote). There are 2 minutes remain- Edwards (MD) McMahon Tonko Butterfield Frank (MA) Langevin Edwards (TX) McNerney Towns Buyer Franks (AZ) Larsen (WA) ing on this vote. Ellison Meek (FL) Tsongas Calvert Frelinghuysen Larson (CT) b 1637 Ellsworth Meeks (NY) Van Hollen Camp Fudge Latham Engel Melancon Vela´ zquez Campbell Gallegly LaTourette So (two-thirds being in the affirma- Eshoo Miller (NC) Visclosky Cantor Garrett (NJ) Latta tive) the rules were suspended and the Etheridge Miller, George Walz Cao Gerlach Lee (CA) Farr Mollohan Wasserman Capito Giffords Lee (NY) resolution was agreed to. Fattah Moore (KS) Schultz Capps Gingrey (GA) Levin The result of the vote was announced Filner Moore (WI) Waters Capuano Gohmert Lewis (CA) as above recorded. Foster Moran (VA) Watson Cardoza Gonzalez Lewis (GA) A motion to reconsider was laid on Frank (MA) Murphy (CT) Watt Carnahan Goodlatte Linder Fudge Murphy, Patrick Waxman Carney Gordon (TN) Lipinski the table. Giffords Murtha Weiner Carson (IN) Granger LoBiondo f Gonzalez Nadler (NY) Welch Carter Graves Loebsack Gordon (TN) Napolitano Wexler Cassidy Grayson Lofgren, Zoe WAIVING REQUIREMENT OF Grayson Neal (MA) Wilson (OH) Castle Green, Al Lowey CLAUSE 6(a) OF RULE XIII WITH Green, Al Oberstar Woolsey Castor (FL) Green, Gene Lucas Green, Gene Obey Yarmuth Chaffetz Griffith Luetkemeyer RESPECT TO CONSIDERATION OF Chandler Grijalva Luja´ n CERTAIN RESOLUTIONS NAYS—191 Childers Guthrie Lummis Aderholt Barrett (SC) Blunt Clarke Gutierrez Lungren, Daniel The SPEAKER pro tempore. The un- finished business is the vote on adop- Akin Barton (TX) Boehner Cleaver Hall (NY) E. Alexander Biggert Bonner Clyburn Hall (TX) Lynch tion of House Resolution 365, on which Austria Bilbray Bono Mack Coble Halvorson Mack the yeas and nays were ordered. Bachmann Bilirakis Boozman Coffman (CO) Hare Maffei The Clerk read the title of the resolu- Bachus Bishop (UT) Boustany Cohen Harman Maloney Baird Blackburn Brady (TX) Cole Harper Manzullo tion.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4882 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Bright Hensarling Nye H. RES. 371 health care, education and clean en- Broun (GA) Herger Olson Resolved, That upon adoption of this reso- ergy in a fiscally responsible way, we Brown (SC) Hill Paul Brown-Waite, Hoekstra Paulsen lution it shall be in order to consider the are taking the first critical steps to Ginny Hunter Pence conference report to accompany the concur- lifting our economy out of recession Buchanan Inglis Petri rent resolution (S. Con. Res. 13) setting forth and creating good jobs for America’s Burton (IN) Issa Pitts the congressional budget for the United workers. For the last 8 years, President Buyer Jenkins Platts States Government for fiscal year 2010, revis- Calvert Johnson (IL) Poe (TX) ing the appropriate budgetary levels for fis- Bush flat out mismanaged the Federal Camp Jones Posey cal year 2009, and setting forth the appro- budget. How? By enacting huge tax Campbell Jordan (OH) Price (GA) Cantor Kilroy priate budgetary levels for fiscal years 2011 cuts for the wealthiest Americans that Putnam through 2014. All points of order against the led to skyrocketing deficits, by spend- Cao King (IA) Radanovich Capito King (NY) Rehberg conference report and against its consider- ing hundreds of billions of dollars on Carney Kingston Reichert ation are waived. The conference report shall the wars in Iraq and Afghanistan with- Carter Kirk Roe (TN) be considered as read. The conference report Cassidy Kirkpatrick (AZ) out paying for them, and by refusing to Rogers (AL) shall be debatable for one hour equally di- Castle Kline (MN) Rogers (KY) invest in the American people. Chaffetz Kratovil vided and controlled by the chair and rank- Rohrabacher This budget cuts the deficit by more Childers Lamborn ing minority member of the Committee on Rooney than half by 2013. And in order to get Coble Lance the Budget. Ros-Lehtinen Coffman (CO) Latham us back on a fiscally sustainable path, Roskam The SPEAKER pro tempore. The gen- Cole LaTourette Royce the budget provides a realistic assess- Conaway Latta tleman from Massachusetts is recog- Ryan (WI) ment of our fiscal outlook. Unlike the Crenshaw Lee (NY) nized for 1 hour. Scalise Bush administration, we actually budg- Culberson Lewis (CA) Mr. MCGOVERN. Madam Speaker, for Schmidt et for the wars in Iraq and Afghanistan Davis (KY) Linder the purpose of debate only, I yield the Deal (GA) LoBiondo Schock instead of hiding them under the emer- Dent Lucas Sensenbrenner customary 30 minutes to the gen- Sessions gency spending categories. We budget Diaz-Balart, L. Luetkemeyer tleman from California (Mr. DREIER). Shadegg for natural disasters that inevitably Diaz-Balart, M. Lummis All time yielded during consideration Dreier Lungren, Daniel Shimkus will occur. Driehaus E. Shuler of the rule is for debate only. Shuster This conference report cuts taxes for Duncan Mack GENERAL LEAVE Ehlers Manzullo Simpson 95 percent of Americans. Let me repeat Mr. MCGOVERN. I ask unanimous Emerson Marchant Smith (NE) that, because we will hear a lot of rhet- Fallin Marshall Smith (NJ) consent that all Members have 5 legis- oric from the other side about taxes. Flake McCarthy (CA) Smith (TX) lative days within which to revise and This budget cuts taxes for 95 percent Fleming McCaul Souder extend their remarks and to insert ex- Forbes McClintock Stearns of Americans. It provides immediate Fortenberry McCotter Sullivan traneous materials into the RECORD. relief from the alternative minimum Foxx McHenry Taylor The SPEAKER pro tempore. Is there tax, it eliminates the estate tax on Franks (AZ) McHugh Terry objection to the request of the gen- Thompson (PA) nearly all estates, and works to close Frelinghuysen McKeon tleman from Massachusetts? Gallegly McMorris Thornberry corporate tax loopholes. Garrett (NJ) Rodgers Tiahrt There was no objection. You see, all of us believe in altering Gerlach Mica Tiberi Mr. MCGOVERN. Madam Speaker, I the Tax Code. We believe that we Gingrey (GA) Michaud Turner yield myself such time as I may con- Gohmert Miller (FL) Upton should reduce the tax burden on the Goodlatte Miller (MI) Walden sume. middle class and those trying to get Granger Miller, Gary Wamp Madam Speaker, I am honored to into the middle. We believe that cor- Graves Minnick Westmoreland stand here today in support of the fis- porations shouldn’t be allowed to shirk Griffith Mitchell Whitfield cal year 2010 budget resolution con- Guthrie Moran (KS) Wilson (SC) their responsibility by hiding their Hall (TX) Murphy, Tim Wittman ference report. profits in offshore tax havens. Harper Myrick Wolf I want to thank my friend, the Budg- The other side believes we should re- Hastings (WA) Neugebauer Young (AK) et Committee Chairman, JOHN SPRATT, duce taxes for the very wealthiest. It’s Heller Nunes Young (FL) for his incredible work on this budget. a simple difference in philosophy. Most NOT VOTING—8 He is smart, he is fair, and no one cares importantly, this budget, the Demo- Brown, Corrine Jackson (IL) Stark more about these issues. cratic budget, actually invests in the Burgess Johnson, Sam Wu I also want to thank Ranking Mem- American people. What a welcome Clay Rogers (MI) ber PAUL RYAN. I believe he is a change from the past 8 years. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE thoughtful and bright Member of this We invest in health care reform, not The SPEAKER pro tempore (during House, even though we usually disagree just to improve health care quality and the vote). There are 2 minutes remain- on most of the issues of the Budget improve coverage, but to reduce the ing on this vote. Committee. crushing burden of health care costs on I also want to thank the staff of the American businesses. Everybody likes b 1646 Budget Committee, Democratic and to talk about health care reform. This So the resolution was agreed to. Republican, for their tireless effort and budget actually lays the groundwork The result of the vote was announced their commitment to public service. to get it done. as above recorded. Madam Speaker, the budget con- We invest in clean energy in order to A motion to reconsider was laid on ference report that we are considering create jobs, improve the environment the table. today represents so much more than a and reduce our dependence on foreign Stated against: clean break from the past. It is a blue- oil. We invest in renewable energy and Mr. BARTLETT. Madam Speaker, on rollcall print for the future. It is a roadmap for energy efficiency. Everybody likes to 212, I intended to vote ‘‘no.’’ economic recovery and for investing in talk about energy independence, but national priorities that will provide this budget actually lays the ground- f the American people with shared pros- work to get it done. perity in the years and decades to And we invest in education to re- PROVIDING FOR CONSIDERATION come. claim our place as the best-educated OF CONFERENCE REPORT ON S. The conference report lays the workforce in the world. We work to ex- CON. RES. 13, CONCURRENT RES- groundwork for health care reform, pand early childhood education and to OLUTION ON THE BUDGET FOR clean energy and quality education. It make college more affordable. Every- FISCAL YEAR 2010 will create jobs, support working fami- body likes to talk about improving Mr. MCGOVERN. Madam Speaker, by lies, strengthen our national defense education. This budget actually pro- direction of the Committee on Rules, I and renew America’s global leadership. vides the basis to get it done. call up House Resolution 371 and ask By cutting taxes for the middle class, And this is a budget that will allow for its immediate consideration. $1.5 trillion in tax cuts for over 95 per- Congress, if and when the time comes, The Clerk read the resolution, as fol- cent of the American people, Madam to vote up or down on health care re- lows: Speaker, and investing in affordable form and education reform and avoid

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4883 the infamous obstructionism so char- that those of us on this side of the aisle countable to cut out waste, fraud and acteristic of the other body and the have no interest or desire to work with abuse. The budget should assume re- other side of the aisle. It certainly President Obama, that all we say is sponsibility for today’s challenges doesn’t guarantee passage of such re- ‘‘no’’ time and time again. I have got rather than pushing the hard choices forms, but it will allow for and require to say that repeatedly we have come and mountains of debt off into the fu- a straight up-or-down vote in each forward with alternatives, and we very ture to our children and grandchildren. Chamber. much want to work in a bipartisan The budget fails on all these counts. Now I know that change is hard. I way. And so this notion of trying to The longer that the American public know some of my colleagues want to claim that we as Republicans are say- has time to examine the level of waste- cling desperately to the failed policies ing ‘‘no’’ is preposterous. Everyone is ful spending in this budget, the more of the past. But the good news is that aware of the fact in this House and in deeply concerned they are. They won- despite all the nasty press releases and the executive branch that we have der how we can afford this right now, television ads and talk radio attacks come forward with proposals, which is how much debt will be left to our chil- on the President, the American people exactly what we did. We had two alter- dren and grandchildren, and will our still support President Obama’s vision natives that were considered here on taxes be raised to pay for this? for America. the House floor when we considered the Just a few weeks ago The Hill, the That’s why this budget is so very im- budget, itself, and now we have this newspaper here, ran a story on the portant. This is a budget with a con- conference report. emerging consensus among economists science. It is a budget that believes in I have got to say that the underlying of all stripes that the numbers just the American spirit, and it’s a budget budget conference report, itself, don’t add up and taxes are going to that fulfills the promises that the Madam Speaker, that is before us, to have to be raised dramatically to pay President made to the American peo- quote my friend from Worcester, is for all of this government spending. ple. really the same old, same old, a term According to these independent ana- Madam Speaker, we are at a crucial that he loves to use, as, really, it’s the lysts, as reported by The Hill, this will moment. Our country can meet its po- same package that we looked at just 4 mean taxes on the middle class. On tential, our children can have a better weeks ago. Democratic leadership, I middle-income wage earners, these an- future, our economy can once again know, has tweaked a few things on the alysts are saying that taxes will be im- create good-paying jobs. But in order margins, but the exact same failed posed. to make that happen, we need change. policies are still fully intact on this Martin Sullivan, a contributing edi- We need to move in a bold, innovative budget. tor at Tax Analyst publications, is new direction. We need to pass this My friend correctly points to the fact quoted as saying, ‘‘You just simply budget. that the American people are hurting. can’t tax the rich enough to make this I urge my colleagues to join me in We know very well that we have a all up.’’ support of this rule and the underlying shared goal, but it’s how we do it. Un- b 1700 bill. fortunately, this budget recklessly I reserve the balance of my time. spends money that we don’t have, and Another economist, Leonard Bur- POINT OF ORDER it sets the stage for tax increases that man, director of the Tax Policy Center, Mr. DREIER. Madam Speaker, while we can’t afford. It makes the funda- said that, under the current tax struc- my colleagues didn’t need to listen to mental mistake that led to our eco- ture, ‘‘there’s no way we’re going to be the remarks of my distinguished col- nomic crisis in the first place—prof- able to pay for government.’’ league, I know that they will very ligate, unaccountable and irresponsible Now, Madam Speaker, these are not much want to hear my remarks. And so behavior. And it allows the Democratic Republican operatives. These are inde- I would like to make a point of order majority to ram through massive, com- pendent economists, many of whom that the House is not in order. plex legislation down the road without openly supported the President during The SPEAKER pro tempore. The gen- any pretense of consensus building. the campaign, who were looking at the tleman makes a point of order that the My friend said again that we just say numbers and who are saying that this House is not in order. ‘‘no’’ to the President. We want to have budget will make tax increases on mid- The gentleman will suspend. The what the President talked about in his dle-income working Americans, who House will come to order. Members and campaign, what the Speaker has re- are trying to make ends meet, inevi- staff standing and engaging in con- peatedly talked about. We want to table. versations will take their seats. work to build a consensus here, but, This course of action is especially Does the gentleman withdraw his unfortunately, the budget itself lays dangerous given our current economic point of order? the groundwork to completely oblit- crisis and its causes. Anyone with a lit- Mr. DREIER. I just made it. I mean, erate any notion of bipartisanship. tle common sense can understand that you determine whether or not the Apparently they are not content with reckless borrowing and lending led to House is in order, Madam Speaker. It merely shutting out Republicans from our economic downturn. A little com- didn’t seem to me that it was. the legislative process. They are find- mon sense is also all it takes to under- The SPEAKER pro tempore. The gen- ing moderates within their own party, stand that raising taxes, including on tleman will answer the question. those who are interested in reaching middle-income wage earners, would be Do you withdraw your point of order? across the aisle and finding common- a disaster during tough economic Mr. DREIER. Sure. sense solutions, and those people who times. Even Keynesian economists and The SPEAKER pro tempore. The gen- want to do that apparently are being economists of all stripes recognize tleman will proceed. ignored in this process as well. They that, Madam Speaker. Yet this budget Mr. DREIER. Madam Speaker, I yield want to be able to steamroll any effort continues that very reckless behavior myself such time as I might consume. whatsoever to reach a responsible, bi- and puts us on the path toward those (Mr. DREIER asked and was given partisan compromise on some of the middle class tax increases. permission to revise and extend his re- most important challenges like health The most dangerous impact of this marks.) care and energy. budget will come further down the Mr. DREIER. I thank my friend from This conference report will let them road. This bill employs an arcane legis- Worcester for yielding me the cus- do just that, to ignore the prospect of lative trick that will allow the Demo- tomary 30 minutes. bipartisanship. The Federal budget cratic leadership to cram through mas- It sort of feels like Groundhog Day. may be a very complicated thing. We sive health care legislation with little We just completed debate on this same- all know that. But the principles that scrutiny and, as I said earlier, with day rule and now here we are pro- should govern that budget are not. zero bipartisanship. This provision we ceeding with the rule on the budget They are not complicated at all. all know called ‘‘reconciliation’’ may conference report itself. The budget should responsibly spend be a very technical Beltway issue, but When we ended the debate just a lit- the taxpayers’ money. Every program, we can all understand its implications tle while ago, my friend was saying Madam Speaker, should be held ac- by simply considering that iconic

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I’m very proud of the Chairman SPRATT and his colleagues fiant on the floor of the other body on fact that we were able to reduce the on the Budget Committee and the con- the other side of the Capitol in that size and scope and reach of govern- ferees for so quickly coming to an movie ‘‘Mr. Smith Goes to Wash- ment; that we were able to make wel- agreement on the conference report. ington.’’ fare programs more accountable; that I rise to support the rule and the un- For many Americans, this is the clas- we were able to let the taxpayers keep derlying conference report. sic image of public service at its prin- more of their own, hard-earned money; This budget resolution begins the cipled best. However, had the Demo- and that we were able to implement long and painful process of digging out cratic leadership’s budgetary gimmicks growth policies that gave us 55 months of the very deep hole that we have in- been in place, Mr. Smith would never of job creation and sustained economic herited. It makes good on President have been able to make the stand that expansion. That was the right thing to Obama’s promise to cut in half the he did in that famous movie. do. The Democrats, on the other hand, deficits he inherited in 5 years. In fact, Instead, this budget ensures, Madam would like to use this procedure to dra- it cuts the deficits by two-thirds, and Speaker, that critical legislation can matically expand government bureauc- it does so even while we are cutting be rushed through without the hassle racy and tax the American people dur- taxes for 95 percent of Americans to of principled debate. We’ve already ing an economic recession. This is an the tune of $1.7 trillion worth of tax seen what happens when 1,000-page leg- absolutely disastrous budget under any cuts. We also invest in priorities that islation on very complicated issues circumstances, but it is equally and es- are absolutely vital to our future. gets crammed through the Congress. pecially dangerous during challenging I’d like to be specific about one of Look no further than to the hundreds economic times. those priorities, and that is the invest- of billions of dollars of bailout money Madam Speaker, I urge my col- ment made in higher education and in that this majority has doled out, to the leagues to reject reckless, wasteful education in general that is accommo- billions wasted, to the billions unac- spending; to reject tax increases for the dated by the conference report. There counted for and with nothing to show middle class; to reject a hasty and par- are significant investments in higher for it. tisan process for crafting health care ed and an increase in the Pell Grant The Democratic leadership’s hasty and energy legislation. I urge my col- maximum, which will make it easier and partisan approach has a very poor leagues to oppose this rule and the un- for hard-pressed students and their track record. Now they want to ensure derlying conference report. families to achieve their slice of the that they will be able to approach With that, I reserve the balance of American dream. The moving from the health care reform in the exact same my time. Federal Family Education Loan pro- Mr. MCGOVERN. Madam Speaker, I way, health care accounts for nearly gram, the so-called ‘‘FFEL program,’’ yield myself such time as I may con- one-fifth of our entire economy, and is to direct lending will save $97 billion one of the single, most important fac- sume. I just want to point out, Madam over 10 years, and it will put money in tors in an individual’s and in a family’s Speaker, that, notwithstanding the the hands of needy students as opposed quality of life. constant attacks on President Obama to having that money added to the bot- Will Americans be able to continue that have come from the other side of tom line of banks and of other loan to choose what doctors they go to? Will the aisle on this floor since he was providers. It will restructure the Per- they be able to consult their doctors on elected, since he was sworn in as Presi- kins Loan Program to make it more which treatments are best for them? dent of the United States, notwith- readily available to students. It will Can we make health care more acces- standing the constant attacks by the create a college access and completion sible and affordable without compro- patron saint of the Republican Party, fund that will enable colleges to emu- mising quality and personal choice? Rush Limbaugh, and notwithstanding late best practices across the country These, Madam Speaker, are the incred- the attacks by former Speaker Ging- so that students really do succeed, and ibly critical questions that should be rich on every TV show that will allow it will make permanent the American addressed in the health care reform de- him on, a poll done by CBS recently Opportunity Tax Credit. All of these bate. showed that, by a 56–32 percent margin, are the kinds of investments we need You know, if the Democratic leader- the American people believe that to make if we are going to have the ship has its way, there won’t even be a President Obama’s budget sets the prosperous future that we all want. debate. They want to be able to handle right priorities. With specific reference to education, it like they’ve handled nearly every I believe in the American people. I Mr. DREIER made reference to the var- other important bill: written behind believe in their instincts. I think they ious alternatives that Republicans closed doors and crammed through know what they want better than my have offered to our budget resolution. without an open debate. Madam Speak- friends on the other side of the aisle. The alternative that the Republicans er, this budget puts the rules in place I will also point out—and my friend offered made absolutely no mention of that will allow them to do that. It will admitted to this because, when it education. also allow them to attach dramatic comes to reconciliation, they like to The SPEAKER pro tempore. The new energy taxes on every household in cherry-pick—that their budgets in 2001 time of the gentleman has expired. America in order to pay for their and in 2003, which allowed for these Mr. MCGOVERN. I yield the gen- health care proposals. massive Bush tax cuts and which near- tleman an additional 30 seconds. The Democratic leadership, when ly bankrupted us—the tax cuts that Mr. BISHOP of New York. There is no confronted with a question of a new went to the wealthiest Americans—had mention of education. There is no plan cap-and-tax program, insisted that it is reconciliation instructions. In 2005, to invest in higher education. There is not contained in this budget. What with reconciliation instructions that no plan to invest in job training. There they are hoping the American people allowed them to make deep cuts in is no plan to invest in any of the vital will not find out until it’s too late is Medicare, they increased the deficit by services that our children need to put that this budget will allow new energy an aggregate of $1.8 trillion. That’s them on a path to success. taxes to be attached to the Democrats’ what they did to the economy. That’s Instead, that budget resolution made health care legislation. Their energy what they did to the American people. a series of very deep, unallocated cuts tax proposal would mean hundreds and So we don’t want the same old, same that could easily fall on education. We even thousands of new taxes each year old. cannot have the bright future we need on each and every single household in Madam Speaker, at this time, I to have if we don’t invest in our chil- this country, and it’s all made possible would like to yield 2 minutes to the dren’s education. Our budget resolution by this budget conference report that gentleman from New York (Mr. does that. we’re going to be voting on tomorrow. BISHOP), a member of the Budget Com- Mr. DREIER. Madam Speaker, I yield The Democratic leadership likes to mittee. myself such time as I might consume. defend their procedural tricks by say- Mr. BISHOP of New York. Madam I would like to simply say to my col- ing that Republicans used the same Speaker, I thank Mr. MCGOVERN for league who brought up this issue of

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4885 reconciliation that we were very proud There is broad agreement on what we other side of the aisle giving us the of the fact that we were able to get ought to do in health care. We’re all prescription drug bill, which was prob- people from welfare rolls to the work- working hard to make that agreement ably one of the most partisan health ing side of the economy in the mid- become a reality. We’ve talked about care votes I can recall ever having 1990s, and we did use this procedure. I tax policy. We’ve talked about welfare here. Our hope is not to have a partisan can time and time again remember in- policy. Frankly, we did use reconcili- health care bill. President Obama has stances of people who were saying they ation, but it was always to restructure already had a summit at the White were so proud to be able to have a job. something that government was doing. House where he invited not just Demo- In the mid-1990s, the Republican Con- I don’t think there is an example of cratic leaders but Republican leaders gress did bring about a bold reform of where we used reconciliation to re- to come and to provide their input to our welfare system, and it was a great, structure the overall private economy. try to figure out how we can do this to- great accomplishment as it was in the Both health care and energy would re- gether. early part of this decade when it was structure an economy that will never But the deal is we are going to get used to allow people to keep more of come back to where they were, and health care reform this year. My their own, hard-earned money in 2001 that is not something you should be friends on the other side of the aisle, and in 2003. doing without lots of thought and they have had 8 years. If it’s such a pri- At the same time, we were doing ev- without lots of support in a bipartisan ority, why haven’t they done it in 8 erything that we could to ensure that way. years? The number of people that have we had pro-growth economic policies I would advance to my friends that fallen into the ranks of the uninsured because we were dealing with an eco- that is a huge mistake. Certainly, if has increased dramatically while they nomic recession then, of course with you restructure energy for 5 or 10 years were in control of the Congress and the the aftermath of September 11 of 2001, or you restructure health care for 5 or White House. So no one’s talking about with corporate scandals, and as I said, 10 years, we’re never coming back to trying to create a partisan vote. with an economic recession. We did put the competitive marketplace that What we’re trying to do is get what into place pro-growth policies, and yes, needs to be improved but not tossed the American people want accom- we used that procedure. aside, and I’m fearful that that’s what plished. And, quite frankly, I think the The really difficult thing for us to happened. onus is on the other side of the aisle to fathom is the fact that we’re now see- Here we are. We’re at the end of demonstrate that they are, in fact, sin- ing this process utilized to dramati- April. If there is a Secretary of HHS, cere about working in a bipartisan cally expand government to the point that’s only because she will be con- way. I think this President has done where this budget has, itself, got a def- firmed this week. I don’t think there is everything humanly possible to reach icit that is larger than what the entire a Secretary there. Even if there is, the out the hand of friendship and biparti- Federal budget was just 10 years ago. others in that Department who support sanship to try to work with the other I would very much like to yield to the Secretary are not there. No Sec- side of the aisle. my friend. I told the gentleman from retary. No bill. No plan to get this done I would like to yield 1 minute to the Springfield I would. within the calendar. The calendar gentlelady from Pennsylvania (Ms. Mr. MCGOVERN. Would the gen- makes it virtually impossible to get SCHWARTZ). tleman yield? this done before that reconciliation in- Mr. DREIER. Okay. I would be happy Ms. SCHWARTZ. I just wanted to fol- struction has to be used. low up on the previous speaker. to yield to my friend. Frankly, for those who want to go to Mr. MCGOVERN. I just want the gen- It is absolutely clear, and hopefully a single-payer, government-run sys- we will pass this budget this week, but tleman to know there are 40 million tem, having reconciliation out there is Americans without health insurance, the budget sets out a process by which every reason in the world not to have a we can work and should work in a bi- and if we can get a health care reform bipartisan compromise. This is an area package that covers them, I would be partisan way. It is simply not good where we need to have two-thirds of enough for the other side of the aisle to proud to cast a vote for that. the Members of the House and two- Mr. DREIER. If I could reclaim my say, ‘‘We would love to work with you thirds of the Members of the Senate on health care reform. We just can’t time, I totally agree on the issue of going from that vote, saying we believe health care reform. That is a very high guarantee that we can do it before Oc- the country is headed in the right di- tober 15 and therefore we aren’t sure priority for us, and my friend knows rection. that we have a solutions working group we’re going to do it at all.’’ That is not that is focusing on this issue, and it is b 1715 what the American people are asking a priority that does need to be ad- If we have a 51–49 sort of victory and us to do. What they’re asking us to do dressed. we have a 5-year debate on whether we is get to work. With that, I am happy to yield 4 min- have health care rationing or govern- The fact is that we did more on utes to my friend from Springfield, ment-run health care, that is a bad health care in the first 8 weeks of this Missouri (Mr. BLUNT). thing for America, Madam Speaker. We administration than we did for 8 years Mr. BLUNT. Madam Speaker, I thank need a health care system that’s af- before. That’s what the American peo- the gentleman for yielding. fordable, that’s accessible, that has ple are asking us to do. That’s what Here we are. We just had a same-day better quality. I think we can all reach this budget does. It says we’re going to rule on a bill that was available 3 min- agreement on those issues. But not, I get to work on health care. We’re going utes till midnight last night. We’re would advance, if we have this option to look to do it in a bipartisan way. now on the rule on the budget, the sup- out there of one party doing it one It’s going to be public-private partner- posed blueprint for the future, and way. ship. That’s what the President wants. we’re going to hear in this debate and This is a blueprint that doesn’t work That’s what we’re going to do. It is not in the other debate that this is a budg- the way it should work. The budget going to be a wholly public system. et that spends too much, that borrows doesn’t. The taxes, the inflation, the They can keep saying so on the other too much and that taxes too much be- interest rates that are absolutely in side of the aisle, but that’s not what’s cause it spends too much, it borrows the country’s future in the way of re- going to happen. too much, and it taxes too much. covering the economy are part of the Let’s get to work. This is a moment I want to talk principally about problem of the future. They will stand when the American people are saying health care for a few minutes. That has in the way of that recovery. one of the major challenges before us been a topic here of the discussion al- I urge that we vote against this rule in this country is for economic com- ready. ‘‘Reconciliation,’’ by definition, and against this budget. petitive reasons and because every defines a partisan victory. I would just Mr. MCGOVERN. Madam Speaker, I family is demanding it, is to do health advance to my friends that health care yield myself such time as I may con- care reform. Let’s get it done. This is the worst possible place to achieve sume. budget puts us on a path to do it. that victory if you can achieve some- First of all, when people talk about Mr. DREIER. Madam Speaker, I will thing differently than that. partisanship, I recall my friends on the reserve the balance of my time.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4886 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Mr. MCGOVERN. Madam Speaker, I derlying budget conference report that It invests in energy, builds a frame- yield 2 minutes to the gentleman from we are considering today. work for developing and producing new New York (Mr. ENGEL). As a member of the Budget Com- energy and jobs, modernizing the elec- Mr. ENGEL. I thank the gentleman mittee and a budget conferee, I was tricity grid to make it more efficient, from Massachusetts for yielding to me. proud to have worked with Chairman secure and reliable, increasing the effi- I rise, Madam Speaker, today in sup- SPRATT and the other members of the ciency of Federal buildings, and help- port of this rule and fully support the committee on a 2010 budget resolution ing to make State and local govern- fiscal year 2010 budget as well. that reinvests in America and reinvests ments more energy efficient. President Obama has laid out an ex- in hardworking middle-class families This conference agreement invests in tremely ambitious budget this year that make up the backbone of this rebuilding America, including the es- that will resonate for decades to come. country. tablishment of a national infrastruc- From health care to climate change to As we all know, the voters spoke this ture bank which would allow the gov- education, this budget will improve our fall overwhelmingly, voting for change ernment to objectively consider a wide Nation in significant ways, and I am and a reorientation of our priorities so range of infrastructure projects and le- proud to support it. that, in fact, we are strengthening the verage the private sector to fund those For health, this lays the groundwork middle class and making the critical with the most significant economic, so- for health care reform. Forty-seven investments needed to build a better cial and environmental benefits. million people living without any tomorrow. Finally, this budget plan reflects on health insurance is a national disgrace. We began to bring that desired the economic recovery program that For energy, this goes towards the way change with the economic recovery we passed, including its provisions to of reducing our dependence on foreign program, and we continue on that path provide tax relief to middle-income oil. This budget would increase funding by providing a blueprint in this budget families. This includes room to expand for renewables by nearly 20 percent that will bring tax relief to hard- the refundable child tax credit. By low- over the ’09 budget. And for education, working families across this Nation ering the eligibility threshold to $3,000 Mr. BISHOP spoke about all the things. and make investments in health care, in the Recovery Act, we provided relief I agree with him. It builds upon the education, energy, and elsewhere that to the hardworking families of nearly funding we provided for education in are needed to move this economy from 16 million children, including 5.5 mil- recovery to long-term growth. the recent stimulus package. lion newly eligible children. Our friends on the other side of the Now, as any large bill, it’s not per- This budget builds on our efforts to aisle will decry this budget claiming fect, and it can be improved. And I just create jobs and rebuild the economy that it will burden future generations want to highlight a few areas that I through the economic recovery plan by with crippling debt. But let’s be clear. hope we can improve on in the future. providing a forward-looking economic It was under their leadership that a $5.6 One is foreign aid. I am disappointed blueprint that makes the strategic in- trillion surplus turned into the historic at the level of the funding for inter- vestments necessary to move from re- national relations and foreign aid. As budget deficit that President Obama and this Congress inherited, a deficit of covery to long-term economic growth the chairman of the Western Hemi- well over $1 trillion in 2009. If you lis- while putting us back on a path to fis- sphere Subcommittee, I’ve seen first- ten to my colleagues on the other side cal sustainability. hand the benefits of foreign aid. This of the aisle, they were missing in ac- I urge my colleagues to support this budget is a lot better. The conference tion over this last 8 years. It is hard to rule, to support the underlying resolu- report is a lot better than the initial believe that they were in charge. It is tion and do not let our colleagues on budget. The Senate budget included the a little bit like ‘‘see no evil, hear no the other side of the aisle, who had 8 entire $53.4 billion of the President’s evil, and speak no evil.’’ They were years—and what did they do in those 8 request. This compromise is $51 billion, gone from the playing field over these years? They brought this Nation to its better than the original House $48.5 bil- last 8 years. economic knees. It’s time to look to lion, but I hope we can up it in the fu- We will also hear the other side rail the future. Support this resolution. ture. against the instructions that are in- Mr. DREIER. Madam Speaker, I yield I want to talk about the $250,000 in- cluded in this resolution—to bring myself such time as I may consume. come threshold. The budget resolution about what? Education and long-await- I say to my very good friend from uses this $250,000 threshold as a way to ed health care reform, despite the fact Connecticut that it’s fascinating that raise revenue. I think it’s too low and that they used this same procedure to our colleagues on the other side of the needs to be raised. If you come from a pass massive tax cuts for the wealthi- aisle continue to talk about nothing high-cost-of-living State as I do, this est people in this Nation. but the last 8 years. And I find it inter- $250,000 threshold is inappropriate. When it comes to health care reform, esting because no one seems to be will- Raising taxes on these people, I be- the American people have watched as ing to talk about what it is that’s be- lieve, is not good at this time. But I Congress has failed since 1993 to make fore us: a budget that is dealing with think overall the budget is good. a serious attempt to fix our broken the next 5 years. It’s a $17.8 trillion Finally, I want to talk about the system. Health care reform, making budget over the next 5 years. That’s AMT, because in New York, you cannot health care coverage affordable, avail- what we need to focus on. That’s what deduct anything if you’re caught in the able to all, improving safety and qual- this debate is all about. AMT. I am happy this budget includes ity, and providing Americans with a With that, I am very happy to yield 3 a 1-year AMT patch. Without this choice of health plans and physicians, minutes to our hardworking and very patch, 2.8 million middle-class families including the choice of keeping their thoughtful chair of the Republican in New York alone would be swept into current health plan, is long, long over- Conference, the gentleman from Co- it. But every year, we’re going to run due. lumbus, Indiana (Mr. PENCE). into difficulty. We need a permanent We will work to craft bipartisan leg- (Mr. PENCE asked and was given per- AMT fix, and I hope we can do that. islation, but the American people are mission to revise and extend his re- But I do support the budget. It’s a not interested in process. They are in- marks.) good budget. It calls for the change terested in results. We will not let a Mr. PENCE. I thank the gentleman that President Obama spoke about, and party of ‘‘no’’ stand in the way of a re- for yielding. I hope we vote for it. formed health care system that the Madam Speaker, I come to the floor Mr. DREIER. Madam Speaker, I con- majority of Americans so desperately today in the midst of a debate and rise tinue to reserve my time. want. in opposition to the conference report Mr. MCGOVERN. Madam Speaker, I Along with health care, this budget on the Democratic budget. would like to yield 5 minutes to the also invests in education by expanding I do so following after the quite typi- gentlewoman from Connecticut (Ms. access and increasing funds for early cally forceful remarks of the gentle- DELAURO). childhood education, creating a new lady from Connecticut, whom I respect Ms. DELAURO. Madam Speaker, I tax credit to help cover college costs, as a colleague. She, as the gentleman rise in support of this rule and the un- and raising the Pell Grant award. from California just said, focused a

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4887 great deal on the last 8 years. As some- with the American people. It is a budg- challenges that we have faced and one who in this body through the et that does not embrace the sacrifice things that should be done. He never course of the last 8 years was, as my and the resilience and the dem- mentioned that the solution that is colleagues know, a harsh and public onstrated virtue that millions of Amer- being put before us is to dramatically and consistent critic of runaway Fed- ican families and millions of small increase the size and scope and reach of eral spending under Republican con- businesses are practicing today. government, to impose taxes that trol, allow me to stipulate that the The truth is, we can do better. The will—as these independent economists gentlelady makes a point. truth is, the American people know about whom I referred earlier have The truth is in the 8 years of the that this Congress has the capacity, said—will impose this tax burden on Bush administration’s tenure, under even during these difficult times, to do middle-income wage earners. Republican control 6 of those years, we the right thing, to take our jackets off, Mr. MCGOVERN. I reclaim my time. did manage to double the national to roll our sleeves up, to do the hard First of all, there is not a single tax in- debt. And that was a disappointment to work. crease in the budget. The budget that millions of Americans, me included. I look across the aisle and I see a we propose cuts taxes for middle-in- And I believe it was part and parcel gentleman with whom I serve that I come families by more than $1.7 tril- why the American people in 2006 personally and deeply respect. And I lion over 10 years. And again, our budg- showed us the door because they know have to believe there are many col- et cuts the deficit by nearly two-thirds we can’t borrow and spend our way to leagues on the other side of the aisle in 4 years. a healthy America. So I will stipulate that also know this we ought not to do. I am proud to defend our budget. I to that point, Madam Speaker. After a so-called stimulus bill that have talked about how it is going to But it doesn’t follow or stand to rea- spent $1 trillion, an omnibus bill that create jobs. I have talked about how it son that coming to the floor as the increased spending by 8 percent for last is going to cut taxes. I have talked gentlelady from Connecticut did and as year’s business, and now the most fis- about how it is cutting nondefense dis- others have today and complaining cally irresponsible budget in American cretionary spending. I have talked about overspending under Republican history, enough is enough. about how it is going to invest in af- The American people want this Con- control of Congress, that the answer fordable health care and college afford- gress to begin to practice fiscal dis- would be this budget which would—on ability and clean energy. I am out here cipline and reform. We ought to do so top of what has already happened—dou- very proudly defending this budget by rejecting this conference report, and ble the national debt in 5 years and tri- that we have. I urge my colleagues to do so. ple the national debt in 10. So all I am simply saying is that Mr. MCGOVERN. Madam Speaker, I what the other side has proposed, quite b 1730 yield myself such time as I may con- frankly, in our opinion, is unaccept- It just simply doesn’t make sense. sume. able. It will hurt more middle-income Let me say to the gentleman from In- I would expect, Madam Speaker, that families. It will cause more people to diana, whom I respect, I agree with anyone that is looking in, that in the fall into the ranks of poverty, more half of what he said. I agree that his midst of these difficult times—a time people without health care. It will cut when the American people are hurting, party did mess up and leave us with a terrible economy at this particular back on education, on investments in when every family and small business our infrastructure. Those were the pro- and family farmer across this country juncture. But I think here’s where we may disagree philosophically. The posals that were presented. I think are sitting down around kitchen tables question is, how do you dig yourself that is the wrong way to go. and metal desks and offices and fig- Madam Speaker, I yield 11⁄2 minutes out of this ditch? Is it more cuts? Is it uring out how to make ends meet, they to the gentleman from Ohio (Mr. throwing more people off the health are making sacrifices, they are putting care rolls? Is it creating more jobless- BOCCIERI). off until tomorrow what they don’t Mr. BOCCIERI. ‘‘Johnny, what have ness? Is it cutting back on educational have to spend today—here they see you done?’’ I remember my mom ask- programs? Is it cutting back on infra- Democrat majorities in the House and ing me that as a young boy, ‘‘What structure programs? I mean, is that the Senate bringing to the floor the have you done?’’ Well, she asked me how we get out of this? Or, as I think most fiscally irresponsible budget in this weekend, ‘‘Johnny, what have you we are suggesting, is it that maybe in American history. And I say again, ac- the short term there needs to be some done to help middle class families? cording to the numbers—and we can investment upfront to try to stimulate What are you doing in Congress to put get lost in the numbers—outlays of $3.5 and resuscitate this economy, to create the middle class first for a change?’’ trillion for fiscal year 2010, $1.2 trillion more jobs, to create more revenue, to And I said, Mom, some great things are in deficits in 2010. The deficits over this try to get this economy back on the happening in Washington, D.C. Can you period never fall below $500 billion. A right track? imagine this? The Democratic Party is number that was roundly criticized We are in deep trouble. We have in- about to enact the largest tax reduc- when the Bush administration and Re- herited the worst economy since the tion in our country’s history for middle publicans hit that number is now ac- Great Depression. Now, the gentleman class families. Imagine that. Can you cepted to be the norm. and others have spoken as if we are not imagine that Democrats are going to As I mentioned, public debt by the concerned about the deficit or the debt. cut the budget in half, by two-thirds by year 2014 will rise to more than two- First of all, we have joined with the 2013? And can you believe that we are thirds as a share of the economy. It is gentleman from Indiana over the last 8 finally going to have an honest ac- astonishing to point out that the Euro- years complaining about the size of the counting for all the mess that we have pean Union requires countries to keep debt. And we were told repeatedly by inherited over the last decade, the their debt below 60 percent of their some of my friends on the other side of mess that includes bailing out banks, economy. the aisle that the deficits don’t matter, bailing out Freddie and Fannie, and The SPEAKER pro tempore. The gen- the debt doesn’t matter; well, now all also dishonest war funding, money that tleman’s time has expired. of a sudden it does. should be included in the budget but Mr. DREIER. I yield my friend an ad- The fact of the matter is, in the yet we were not strong enough to put ditional 2 minutes. budget that we are proposing, we cut that in the President’s budget? Can Mr. PENCE. If this administration the deficit by nearly two-thirds in 4 you believe that the Bush tax reduc- and the Democrat majority have their years. That is our promise. That is our tion was for the wealthiest Americans, way, the United States of America, by pledge in this budget. and that our tax reduction is going to 2014, wouldn’t even qualify under the I will briefly yield to the gentleman be for middle class families? criteria of the European Union—not from California. Madam Speaker, this House is in that I would ever want to join. It just Mr. DREIER. I thank the gentleman order. And we are investing in Amer- gives a perspective here, Madam for yielding. ica. We are investing in our country Speaker, that what we have before us Madam Speaker, Mr. MCGOVERN went and in our jobs. Do you remember in today is a budget that is out of step through this litany of options and the 2004, when President Bush’s Secretary

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4888 CONGRESSIONAL RECORD — HOUSE April 28, 2009 of Health and Human Services, Tommy Freddie Mac; $168 billion for a stimulus Mr. KINGSTON. Will the gentleman Thompson, flew to Iraq with one of bill last year, a year ago; $85 billion yield? many billion dollar checks in hand to going up to $140 billion for AIG in Sep- Mr. MCGOVERN. I will yield to the make sure that every man, woman, and tember; $700 billion in October for Wall gentleman. child in Iraq had universal health care Street; and then, just in January, $790 Mr. KINGSTON. Who took over the coverage? And all we hear now from billion for a stimulus bill followed by a Congress in 2006? our opponents on the other side is that $410 billion omnibus bill which had Mr. MCGOVERN. Reclaiming my Americans don’t deserve health care. over 9,000 earmarks—which the new time. Yes, the Democrats did, but un- The SPEAKER pro tempore. The gen- President was going to cut every ear- fortunately with a President who ve- tleman’s time has expired. mark out and not accept any. toed every decent piece of legislation Mr. MCGOVERN. I yield the gen- At what point are Democrats going that we tried to pass, vetoing chil- tleman 1 additional minute. to go ahead and admit, you own the dren’s health care, and a whole bunch Mr. BOCCIERI. But all we hear from House, you own the Senate and the of other things that would have helped those detractors is that Americans are White House? This stuff all happened the economy. not worthy of having health care that under your watch. Get over George Right now we have a Democratic works for every family and for every Bush. You are now in charge. Congress and a Democratic President, child. And I want to say this, as an Appro- and we are going to pass a budget that I say enough is enough. We need to priations Committee member during reflects what the American people invest in our country, in our people, in the period of time when George Bush want, the values of the American peo- our future. And that is exactly what was President and we were in the ma- ple. We are going to get this economy this budget does; it invests in edu- jority—— back on the right track. Enough. Eight cation, in green energy jobs, and cuts The SPEAKER pro tempore. The gen- years of failed policies is enough. The the budget deficit. tleman’s time has expired. same old, same old doesn’t work any- Are we going to be leaders or are we Mr. DREIER. Madam Speaker, I yield more. going to be blockers? Are we going to my friend 1 additional minute. Madam Speaker, I reserve the bal- say ‘‘yes,’’ or are we going to say ‘‘no?’’ Mr. KINGSTON. We never had one ance of my time. Are we going to invest in American appropriation bill that spent enough Mr. DREIER. Madam Speaker, I am families or Iraqis? money for you guys. And you know it. happy to yield 1 minute to my friend Mr. DREIER. Madam Speaker, at And the records show it in the appro- from Savannah. this juncture I am happy to yield 3 priations debate over and over again; it Mr. KINGSTON. I thank the gen- minutes to our hardworking friend didn’t spend enough money. tleman from California. from Savannah, Georgia (Mr. KING- So now we are hearing that your fis- I was going to ask my friend from STON). cal discipline—I just think it is laugh- Massachusetts, is it not true that the Mr. KINGSTON. I thank the gen- able to think about this—your budget President vetoed Democrat spending, tleman for yielding. And I must say spends too much, taxes too much, and and did come to compromise on things that if I had just arrived here from out borrows too much. We will be bor- like children’s health care, but the of town, I would think I was in a col- rowing more money from the Chinese. first go-round you guys spent too much lege literature class listening to Or- Indeed, the new Secretary of State’s money, and that is why he was vetoing wellian doublespeak at its best and ex- first trip was over to China to say, it? I mean, I can see, blame it on the amples thereof. please continue to lend us money. The President and Republicans for 6 years, When they talk about investments, deficits that go on will never fall below fair and square. But you guys have this new big government order, that $500 billion. But I understand you are been in charge for 2 years now, and the really means tax increases and in- going to jack up spending so you can only vetoing that he did was when you creases in spending. When they talk say you have cut it in half, and that’s were spending too much money. about bold, swift action, that means the way you want to do business. I just think it is time to go ahead more ‘‘big government’’ power grabs. Tax increases; $1.5 trillion in tax in- and say, you know, we are in charge, When they talk about probusiness reg- creases. And a lot of it will fall on the we are going to take responsibility. ulation and modernization of energy, backs of farmers and small businesses, And, if anything, we need to start talk- that is just more government dictating the very people you have the nerve to ing checks and balances in this town to the private sector. When they talk say that you are trying to help. And because I don’t think we have any with about rebuilding America and new the total spending outlay of $3.5 tril- all this runaway spending. modern job creation, those jobs are lion in the year 2010. Again, I think this budget spends too coming from the government. Those This budget should be rejected. It much, taxes too much, and borrows too are government jobs. They talk about spends too much, borrows too much, much. And I thank the gentleman from health care reform. That is just plain and taxes too much. California. Mr. MCGOVERN. Madam Speaker, old socialized medicine. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE may I inquire as to how much time is And then they talk about cutting the The SPEAKER pro tempore. Mem- deficit, but they don’t tell you it is remaining? bers are reminded to address their re- The SPEAKER pro tempore. The gen- their own deficit. If the gentleman marks to the Chair. tleman from Massachusetts has 41⁄2 from Massachusetts can tell me what Mr. MCGOVERN. Madam Speaker, I minutes. The gentleman from Cali- the deficit is today, as I sit here and yield myself such time as I may con- fornia has 31⁄2 minutes. listen, then all I have to do is divide sume. Mr. MCGOVERN. Madam Speaker, I that by half. But that is not true at all. I would say to my friends on the yield 30 seconds to the gentleman from What you are doing is increasing other side of the aisle, you have had Florida. spending and then, based on some your chance. We did it your way for 8 Mr. HASTINGS of Florida. That is all phony ‘‘we’re going to grow the govern- years, and we have the worst economy I need to respond, just very briefly, to ment next year by 4 percent, then since the Great Depression. We have my good friend from Savannah/Bruns- we’re going to cut the deficit,’’ come more people in poverty, we have the wick when he asked and says that too on, guys, that doesn’t sell and you worst job creation since the Great De- much money was what the previous know it. pression, we have more people who are President vetoed. And we hear over and over again this hungry in America, we have more peo- is George Bush, Dick Cheney, Halli- ple without health insurance. I mean, b 1745 burton, Blackwater, and everybody give me a break. I wonder how much, Madam Speaker, else’s fault but the Democrat Party. The bottom line is we have tried it is too much money to care for sick But who has been in charge for 2 years? your way for 8 years, and you have children in America or to ensure that It was you guys, that under your failed. And the American people sent children do not get sick in America? watch, $29 billion spent on AIG; $200 my friends a message loud and clear on Mr. DREIER. Madam Speaker, at billion last year on Fannie Mae and Election Day that enough is enough. this time I am happy to yield 1 minute

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4889 to our colleague from Mesa, Arizona But, Madam Speaker, I think it’s im- deal with the issue of college afford- (Mr. FLAKE). portant to note that with the exception ability so we have the best trained, Mr. FLAKE. I thank the gentleman of the Department of Defense, the De- best educated workforce in the entire for yielding. partment of Homeland Security, and world. We need to invest in clean en- Madam Speaker, a lot has been said veterans, there were real dollar spend- ergy so we can actually make this about the last 8 years. And just to ing cuts that took place in appropria- transition to clean, renewable sources make it known, there were a lot of us tions bills over the last few years when of energy so we’re not dependent on who weren’t happy with the level of we were in the majority. I think that foreign oil, we’re not dependent on the spending that went on during that the record needs to show that. We did same old, same old kind of energy that time. We were headed for a fiscal cliff. work to try to reduce spending. We we have here, that we have relied on We knew that. A lot of us knew that, could have done better than we did. I for so many years in this country. and a lot of us weren’t shy in saying it. will acknowledge that. So we can either do what my friends A lot of us voted against a lot of appro- But, again, here we are looking at a on the other side of the aisle have done priations bills because they spent too proposal which dramatically increases for 8 years or we can go in a very dif- much money. the size and scope and reach of the Fed- ferent direction. And I urge my col- But when you’re headed toward a fis- eral Government. leagues that it’s time to move in a dif- cal cliff, you don’t step on the accel- And I know that President Obama is ferent direction. erator. And that’s what this budget popular. I like President Obama. I’ve Madam Speaker, I will be offering an does. We all know or we should know, been enjoying working with him on amendment to the rule. The amend- or we’ll claim we knew it when it hap- things in the past. But I’m very trou- ment provides for timeout authority in pens, that the next crisis will be when bled in seeing the implementation of this rule which will allow the debate on we try to auction off some Treasury what he calls the ‘‘transformation,’’ this conference report to take place bills that nobody buys. What do we do the ‘‘transformation of government.’’ I over 2 days, giving Members adequate then? What do we do when nobody don’t believe that it’s what the Amer- time to read this important report be- wants to lend us money? And we’re ican people want. What they want to fore voting. I hope Members will vote going to get there, we know we are, be- do is they want to see us implement ‘‘yes’’ on the amendment and on the cause this budget puts us on the track policies that will create jobs, that will previous question and on the rule. to get there a lot sooner than we would allow them to keep their homes, that AMENDMENT OFFERED BY MR. MCGOVERN have been otherwise. will keep small businesses thriving. Mr. MCGOVERN. Madam Speaker, I That’s why this budget needs to be That’s what they want to see happen. have an amendment to the rule at the rejected. It’s simply too big. I think The best way to do that is to use the desk. people know that. And as we go model that was put forth by John F. The SPEAKER pro tempore. The through the appropriations process, I Kennedy when, in 1961, he said, you Clerk will report the amendment. think that will become even clearer. can’t encourage economic growth by The Clerk read the amendment, as Mr. DREIER. Madam Speaker, I yield increasing public expenditures; you can follows: myself the balance of my time. only do it by increasing private invest- Insert at the end the following new sec- Madam Speaker, this is an inter- ment. esting debate that has preceded, and I tion: Reject this rule and reject the under- ‘‘SEC. 2. The Chair may postpone further have to say that I believe that there is lying conference report. consideration of the conference report to great bipartisan concern about where The SPEAKER pro tempore. The such time as may be designated by the this country is headed. Democrats and time of the gentleman has expired. Speaker.’’ Republicans alike both want to get our Mr. MCGOVERN. Madam Speaker, Mr. MCGOVERN. Madam Speaker, I economy back on track. President Kennedy also said if a free yield back the balance of my time, and As I look at small businesses in society cannot help the many who are I move the previous question on the Southern California, it’s not a Demo- poor, it cannot save the few who are amendment and on the resolution. cratic or Republican issue. Small busi- rich. And that’s been the problem over The previous question was ordered. nesses are closing down and people are the last 8 years is that the emphasis The SPEAKER pro tempore. The suffering. As I look at homeowners who has been on the rich. The tax cuts, the question is on the amendment. are losing their homes, it’s not a extravagant tax cuts, for the wealthi- The question was taken; and the Democratic or Republican issue. They est individuals that have contributed Speaker pro tempore announced that very much want to be able to enjoy the to our deficit; spending on the war that the ayes appeared to have it. American dream of owning their home. they wouldn’t even pay for that was Mr. DREIER. Madam Speaker, on As I look at people who have lost their covered up under emergency spending that I demand the yeas and nays. jobs, it’s not a Democratic or Repub- procedures so it would mask the size of The yeas and nays were ordered. lican issue. So I believe that Demo- our growing debt. Yes, they made cuts The SPEAKER pro tempore. Pursu- crats and Republicans alike want us to in programs that helped kids and vet- ant to clause 8 and clause 9 of rule XX, make sure we get this economy grow- erans and our elderly and investments this 15-minute vote on adoption of the ing again. The question is how do we do in job creation and things that would amendment will be followed by 5- it? help stimulate this economy. I don’t minute votes on adoption of House Res- It’s fascinating as I listen to my think that’s a record to be proud of. olution 371, if ordered; and motion to friends on the other side of the aisle So we’re turning the page. We’re ac- suspend the rules on H.R. 1595, if or- decry deficit spending under President tually going to a new chapter here. We dered. Bush and then argue that we should have a budget before us that I am The vote was taken by electronic de- dramatically increase the size and proud to defend. This is a budget that vice, and there were—yeas 240, nays scope and reach of government. And creates jobs with targeted investments 179, not voting 13, as follows: very sincerely that is what they’ve in affordable health care, clean energy, [Roll No. 213] done. As I listened to my friend from education. It cuts taxes for middle-in- Ft. Lauderdale, that is what he has come families by more than $1.7 tril- YEAS—240 just advocated. I congratulate him for lion over 10 years. It cuts the deficit by Abercrombie Berkley Braley (IA) Ackerman Berman Bright being consistent in making that argu- nearly two-thirds in 4 years, and it Adler (NJ) Berry Butterfield ment. But there are others who say paves the way for an affordable health Altmire Bishop (GA) Capps that the policies of the past 8 years care plan. Andrews Bishop (NY) Capuano have created the problem that we have Forty million of our fellow citizens Arcuri Blumenauer Cardoza Baca Boccieri Carnahan right now. are without health care. That’s a na- Baird Boren Carney I also want to clarify the record on tional scandal. And you know what? Baldwin Boswell Carson (IN) issues that were raised. I have argued That reality is one of the reasons why Barrow Boucher Castor (FL) Bean Boyd Chandler that we could have done better during health care costs are soaring. We need Becerra Brady (PA) Childers the time that we were in the majority. to get that under control. We need to

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4890 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Clarke Jackson-Lee Pingree (ME) Kingston Miller (MI) Scalise Fattah Lipinski Rothman (NJ) Cleaver (TX) Polis (CO) Kirk Miller, Gary Schmidt Filner Loebsack Roybal-Allard Clyburn Johnson (GA) Pomeroy Kline (MN) Minnick Schock Foster Lofgren, Zoe Ruppersberger Cohen Johnson, E. B. Price (NC) Kratovil Moran (KS) Sensenbrenner Frank (MA) Lowey Rush Connolly (VA) Kagen Quigley Lamborn Murphy, Tim Sessions Fudge Luja´ n Ryan (OH) Conyers Kanjorski Rahall Lance Myrick Shadegg Giffords Lynch Salazar Cooper Kaptur Rangel Latham Neugebauer Shimkus Gonzalez Maffei Sa´ nchez, Linda Costa Kennedy Reyes LaTourette Nunes Shuster Gordon (TN) Maloney T. Costello Kildee Richardson Latta Nye Simpson Grayson Markey (CO) Sanchez, Loretta Courtney Kilpatrick (MI) Rodriguez Lee (NY) Olson Smith (NE) Green, Al Markey (MA) Sarbanes Crowley Kilroy Ross Lewis (CA) Paul Smith (NJ) Green, Gene Matsui Schakowsky Linder Paulsen Griffith McCarthy (NY) Cuellar Kind Rothman (NJ) Smith (TX) Schauer LoBiondo Pence Grijalva McCollum Schiff Cummings Kirkpatrick (AZ) Roybal-Allard Souder Dahlkemper Kissell Ruppersberger Lucas Petri Gutierrez McDermott Schrader Stearns Davis (AL) Klein (FL) Rush Luetkemeyer Pitts Hall (NY) McGovern Schwartz Sullivan Davis (CA) Kosmas Ryan (OH) Lummis Platts Halvorson McIntyre Scott (GA) Taylor Davis (IL) Kucinich Salazar Lungren, Daniel Poe (TX) Hare McMahon Scott (VA) Terry Davis (TN) Langevin Sa´ nchez, Linda E. Posey Harman McNerney Serrano Thompson (PA) DeFazio Larsen (WA) T. Mack Price (GA) Hastings (FL) Meek (FL) Sestak DeGette Larson (CT) Sanchez, Loretta Manzullo Putnam Thornberry Heinrich Meeks (NY) Shea-Porter Delahunt Lee (CA) Sarbanes Marchant Radanovich Tiahrt Herseth Sandlin Miller (NC) Sherman DeLauro Levin Schakowsky Marshall Rehberg Tiberi Higgins Miller, George Sires Dicks Lewis (GA) Schauer McCarthy (CA) Reichert Turner Hill Mitchell Skelton Dingell Lipinski Schiff McCaul Roe (TN) Upton Himes Mollohan Slaughter Doggett Loebsack Schrader McClintock Rogers (AL) Walden Hinchey Moore (KS) Smith (WA) Donnelly (IN) Lofgren, Zoe Schwartz McCotter Rogers (KY) Wamp Hinojosa Moore (WI) Snyder Doyle Lowey Scott (GA) McHenry Rogers (MI) Westmoreland Hirono Moran (VA) Space Driehaus Luja´ n Scott (VA) McHugh Rohrabacher Whitfield Hodes Murphy (CT) Speier Edwards (MD) Lynch Serrano McMorris Rooney Wilson (SC) Holden Murphy, Patrick Spratt Ellison Maffei Sestak Rodgers Ros-Lehtinen Wittman Holt Murtha Stupak Ellsworth Maloney Shea-Porter Mica Roskam Wolf Honda Nadler (NY) Sutton Engel Markey (CO) Sherman Michaud Royce Young (AK) Hoyer Napolitano Tanner Eshoo Markey (MA) Shuler Miller (FL) Ryan (WI) Young (FL) Inslee Neal (MA) Tauscher Etheridge Matheson Sires Israel Oberstar Teague Farr Matsui Skelton NOT VOTING—13 Jackson-Lee Obey Thompson (CA) Fattah McCarthy (NY) Slaughter Brown, Corrine Granger Meeks (NY) (TX) Olver Thompson (MS) Filner McCollum Smith (WA) Burgess Jackson (IL) Stark Johnson (GA) Ortiz Tierney Foster McDermott Snyder Clay Johnson, Sam Wu Johnson, E. B. Pallone Titus Frank (MA) McGovern Space Edwards (TX) Massa Kagen Pascrell Tonko Fudge McIntyre Speier Fallin McKeon Kanjorski Pastor (AZ) Towns Giffords McMahon Spratt Kaptur Payne Tsongas Gonzalez McNerney Stupak b 1819 Kennedy Perlmutter Van Hollen Gordon (TN) Meek (FL) Sutton Kildee Perriello Vela´ zquez Grayson Melancon Tanner Messrs. EHLERS and SOUDER Kilpatrick (MI) Peters Visclosky Green, Al Miller (NC) Tauscher changed their vote from ‘‘yea’’ to Kilroy Peterson Walz Green, Gene Miller, George Teague ‘‘nay.’’ Kind Pingree (ME) Wasserman Griffith Mitchell Thompson (CA) Kirkpatrick (AZ) Polis (CO) Schultz Grijalva Mollohan Thompson (MS) So the amendment was agreed to. Kissell Pomeroy Waters Gutierrez Moore (KS) Tierney The result of the vote was announced Klein (FL) Price (NC) Watson Hall (NY) Moore (WI) Titus as above recorded. Kosmas Quigley Waxman Halvorson Moran (VA) Tonko Stated against: Langevin Rahall Weiner Hare Murphy (CT) Towns Larsen (WA) Rangel Welch Harman Murphy, Patrick Tsongas Ms. FALLIN. Madam Speaker, on rollcall Larson (CT) Reyes Wexler Hastings (FL) Murtha Van Hollen No. 213 I was unavoidably detained. Had I Lee (CA) Richardson Wilson (OH) Heinrich Nadler (NY) Vela´ zquez been present, I would have voted ‘‘nay.’’ Levin Rodriguez Woolsey Herseth Sandlin Napolitano Visclosky Lewis (GA) Ross Yarmuth Higgins Neal (MA) Walz The SPEAKER pro tempore. The Hill Oberstar Wasserman question is on the resolution, as NAYS—185 Himes Obey Schultz amended. Aderholt Coffman (CO) Johnson (IL) Hinchey Olver Waters The question was taken; and the Akin Cole Jones Hinojosa Ortiz Watson Alexander Conaway Jordan (OH) Hirono Pallone Watt Speaker pro tempore announced that Austria Crenshaw King (IA) Hodes Pascrell Waxman the ayes appeared to have it. Bachmann Culberson King (NY) Holden Pastor (AZ) Weiner Mr. DREIER. Madam Speaker, on Bachus Davis (KY) Kingston Holt Payne Welch Barrett (SC) Deal (GA) Kirk Honda Perlmutter Wexler that I demand the yeas and nays. Barrow Dent Kline (MN) Hoyer Perriello Wilson (OH) The yeas and nays were ordered. Bartlett Diaz-Balart, L. Kratovil Inslee Peters Woolsey The SPEAKER pro tempore. This Barton (TX) Diaz-Balart, M. Kucinich Israel Peterson Yarmuth will be a 5-minute vote. Biggert Dreier Lamborn Bilbray Duncan Lance NAYS—179 The vote was taken by electronic de- Bilirakis Ehlers Latham vice, and there were—yeas 234, nays Bishop (UT) Emerson LaTourette Aderholt Calvert Fortenberry Blackburn Fallin Latta Akin Camp Foxx 185, not voting 13, as follows: Blunt Flake Lee (NY) Alexander Campbell Franks (AZ) [Roll No. 214] Boehner Fleming Lewis (CA) Austria Cantor Frelinghuysen Bonner Forbes Linder Bachmann Cao Gallegly YEAS—234 Bono Mack Fortenberry LoBiondo Bachus Capito Garrett (NJ) Abercrombie Braley (IA) Cummings Boozman Foxx Lucas Barrett (SC) Carter Gerlach Ackerman Bright Dahlkemper Boustany Franks (AZ) Luetkemeyer Bartlett Cassidy Gingrey (GA) Adler (NJ) Butterfield Davis (AL) Brady (TX) Frelinghuysen Lummis Barton (TX) Castle Gohmert Altmire Capps Davis (CA) Broun (GA) Gallegly Lungren, Daniel Biggert Chaffetz Goodlatte Andrews Capuano Davis (IL) Brown (SC) Garrett (NJ) E. Bilbray Coble Graves Arcuri Cardoza Davis (TN) Brown-Waite, Gerlach Mack Bilirakis Coffman (CO) Guthrie Baca Carnahan DeFazio Ginny Gingrey (GA) Manzullo Bishop (UT) Cole Hall (TX) Baird Carney DeGette Buchanan Gohmert Marchant Blackburn Conaway Harper Baldwin Carson (IN) Delahunt Burton (IN) Goodlatte Marshall Blunt Crenshaw Hastings (WA) Bean Castor (FL) DeLauro Buyer Graves Matheson Boehner Culberson Heller Becerra Chandler Dicks Calvert Guthrie McCarthy (CA) Bonner Davis (KY) Hensarling Berkley Clarke Dingell Camp Hall (TX) McCaul Bono Mack Deal (GA) Herger Berman Cleaver Doggett Campbell Harper McClintock Boozman Dent Hoekstra Berry Clyburn Donnelly (IN) Cantor Hastings (WA) McCotter Boustany Diaz-Balart, L. Hunter Bishop (GA) Cohen Doyle Cao Heller McHenry Brady (TX) Diaz-Balart, M. Inglis Bishop (NY) Connolly (VA) Driehaus Capito Hensarling McHugh Broun (GA) Dreier Issa Blumenauer Conyers Edwards (MD) Carter Herger McMorris Brown (SC) Duncan Jenkins Boccieri Cooper Ellison Cassidy Hoekstra Rodgers Brown-Waite, Ehlers Johnson (IL) Boren Costa Ellsworth Castle Hunter Mica Ginny Emerson Jones Boswell Costello Engel Chaffetz Inglis Michaud Buchanan Flake Jordan (OH) Boucher Courtney Eshoo Childers Issa Miller (FL) Burton (IN) Fleming King (IA) Boyd Crowley Etheridge Coble Jenkins Miller (MI) Buyer Forbes King (NY) Brady (PA) Cuellar Farr

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4891 Miller, Gary Roe (TN) Smith (TX) Brown (SC) Grayson McCarthy (CA) Sarbanes Smith (TX) Turner Minnick Rogers (AL) Souder Brown-Waite, Green, Al McCarthy (NY) Scalise Smith (WA) Upton Moran (KS) Rogers (KY) Stearns Ginny Green, Gene McCaul Schakowsky Snyder Van Hollen Murphy, Tim Rogers (MI) Sullivan Buchanan Griffith McClintock Schauer Souder Vela´ zquez Myrick Rohrabacher Taylor Burton (IN) Grijalva McCollum Schiff Space Visclosky Neugebauer Rooney Terry Butterfield Guthrie McCotter Schmidt Speier Walden Nunes Ros-Lehtinen Thompson (PA) Buyer Gutierrez McDermott Schock Spratt Walz Nye Roskam Thornberry Calvert Hall (NY) McGovern Schrader Stearns Wamp Olson Royce Schwartz Stupak Wasserman Tiahrt Camp Hall (TX) McHenry Paul Ryan (WI) Scott (GA) Sullivan Schultz Tiberi Campbell Halvorson McHugh Paulsen Scalise Cantor Hare McIntyre Scott (VA) Sutton Waters Turner Pence Schmidt Cao Harman McMahon Sensenbrenner Tanner Watson Upton Petri Schock Capito Harper McMorris Serrano Tauscher Watt Walden Pitts Sensenbrenner Capps Hastings (FL) Rodgers Sessions Taylor Waxman Wamp Platts Sessions Capuano Hastings (WA) McNerney Sestak Teague Weiner Westmoreland Poe (TX) Shadegg Cardoza Heinrich Meek (FL) Shadegg Terry Welch Whitfield Posey Shimkus Carnahan Heller Meeks (NY) Shea-Porter Thompson (CA) Westmoreland Price (GA) Shuler Wilson (SC) Carney Hensarling Melancon Sherman Thompson (MS) Wexler Putnam Shuster Wittman Carson (IN) Herger Mica Shimkus Thompson (PA) Whitfield Radanovich Simpson Wolf Carter Herseth Sandlin Michaud Shuler Thornberry Wilson (OH) Rehberg Smith (NE) Young (AK) Cassidy Higgins Miller (FL) Shuster Tiahrt Wilson (SC) Reichert Smith (NJ) Young (FL) Castle Hill Miller (MI) Simpson Tiberi Wittman Sires Tierney Wolf NOT VOTING—13 Castor (FL) Himes Miller (NC) Chaffetz Hinchey Miller, Gary Skelton Titus Woolsey Brown, Corrine Jackson (IL) Stark Chandler Hinojosa Miller, George Slaughter Tonko Yarmuth Burgess Johnson, Sam Watt Childers Hirono Minnick Smith (NE) Towns Young (AK) Clay Massa Wu Clarke Hodes Mitchell Smith (NJ) Tsongas Young (FL) Edwards (TX) McKeon Cleaver Hoekstra Mollohan NOT VOTING—12 Granger Melancon Clyburn Holden Moore (KS) Coble Holt Moore (WI) Brown, Corrine Granger Massa ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Coffman (CO) Honda Moran (KS) Burgess Jackson (IL) McKeon The SPEAKER pro tempore (during Cohen Hoyer Moran (VA) Clay Johnson, Sam Stark Edwards (TX) Marchant Wu the vote). There are 2 minutes remain- Cole Hunter Murphy (CT) ing on this vote. Conaway Inglis Murphy, Patrick b 1835 Connolly (VA) Inslee Murphy, Tim b 1828 Conyers Israel Murtha So (two-thirds being in the affirma- Cooper Issa Myrick tive) the rules were suspended and the So the resolution, as amended, was Costa Jackson-Lee Nadler (NY) bill was passed. agreed to. Costello (TX) Napolitano Courtney Jenkins Neal (MA) The result of the vote was announced The result of the vote was announced Crenshaw Johnson (GA) Neugebauer as above recorded. as above recorded. Crowley Johnson (IL) Nunes A motion to reconsider was laid on A motion to reconsider was laid on Cuellar Johnson, E. B. Nye the table. the table. Culberson Jones Oberstar Cummings Jordan (OH) Obey f f Dahlkemper Kagen Olson PERSONAL EXPLANATION Davis (AL) Kanjorski Olver BRIAN K. SCHRAMM POST OFFICE Davis (CA) Kaptur Ortiz Ms. JACKSON-LEE of Texas. Madam BUILDING Davis (IL) Kennedy Pallone Speaker, on yesterday, Monday, April Davis (KY) Kildee Pascrell 27, 2009, I was unavoidably detained by Davis (TN) Kilpatrick (MI) Pastor (AZ) The SPEAKER pro tempore. The un- airline flight problems and missed the finished business is the question on Deal (GA) Kilroy Paul DeFazio Kind Paulsen following votes: suspending the rules and passing the DeGette King (IA) Payne Rollcall vote 207, H. Res. 329, recog- bill, H.R. 1595. Delahunt King (NY) Pence nizing the anniversary of the tragic ac- The Clerk read the title of the bill. DeLauro Kingston Perlmutter Dent Kirk Perriello cident of the steamboat ship SS Sul- The SPEAKER pro tempore. The Diaz-Balart, L. Kirkpatrick (AZ) Peters tana, I would have voted ‘‘aye’’; question is on the motion offered by Diaz-Balart, M. Kissell Peterson Rollcall vote 208, H.R. 1746, Pre-Dis- the gentleman from Massachusetts Dicks Klein (FL) Petri aster Mitigation Act of 2009, I would (Mr. LYNCH) that the House suspend Dingell Kline (MN) Pingree (ME) Doggett Kosmas Pitts have voted ‘‘aye’’; the rules and pass the bill, H.R. 1595. Donnelly (IN) Kratovil Platts Rollcall vote 209, H. Res. 335, sup- The question was taken. Doyle Kucinich Poe (TX) porting the goals and ideals of National The SPEAKER pro tempore. In the Dreier Lamborn Polis (CO) Volunteer Week, I would have voted Driehaus Lance Pomeroy ‘‘aye.’’ opinion of the Chair, two-thirds being Duncan Langevin Posey in the affirmative, the ayes have it. Edwards (MD) Larsen (WA) Price (GA) f RECORDED VOTE Ehlers Larson (CT) Price (NC) Ellison Latham Putnam CONFERENCE REPORT ON S. CON. Mr. MCGOVERN. Madam Speaker, I Ellsworth LaTourette Quigley RES. 13, CONCURRENT RESOLU- demand a recorded vote. Emerson Latta Radanovich TION ON THE BUDGET FOR FIS- A recorded vote was ordered. Engel Lee (CA) Rahall CAL YEAR 2010 The SPEAKER pro tempore. This is a Eshoo Lee (NY) Rangel Etheridge Levin Rehberg Mr. SPRATT. Madam Speaker, pur- 5-minute vote. Fallin Lewis (CA) Reichert suant to House Resolution 371, I call up The vote was taken by electronic de- Farr Lewis (GA) Reyes the conference report to accompany vice, and there were—ayes 420, noes 0, Fattah Linder Richardson Filner Lipinski Rodriguez the Senate concurrent resolution (S. not voting 12, as follows: Flake LoBiondo Roe (TN) Con. Res. 13) setting forth the congres- [Roll No. 215] Fleming Loebsack Rogers (AL) sional budget for the United States Forbes Lofgren, Zoe Rogers (KY) AYES—420 Fortenberry Lowey Rogers (MI) Government for fiscal year 2010, revis- Abercrombie Barrow Blunt Foster Lucas Rohrabacher ing the appropriate budgetary levels Ackerman Bartlett Boccieri Foxx Luetkemeyer Rooney for fiscal year 2009, and setting forth Aderholt Barton (TX) Boehner Frank (MA) Luja´ n Ros-Lehtinen Adler (NJ) Bean Bonner Franks (AZ) Lummis Roskam the appropriate budgetary levels for Akin Becerra Bono Mack Frelinghuysen Lungren, Daniel Ross fiscal years 2011 through 2014, and ask Alexander Berkley Boozman Fudge E. Rothman (NJ) for its immediate consideration. Altmire Berman Boren Gallegly Lynch Roybal-Allard The Clerk read the title of the Senate Andrews Berry Boswell Garrett (NJ) Mack Royce Arcuri Biggert Boucher Gerlach Maffei Ruppersberger concurrent resolution. Austria Bilbray Boustany Giffords Maloney Rush The SPEAKER pro tempore. Pursu- Baca Bilirakis Boyd Gingrey (GA) Manzullo Ryan (OH) ant to House Resolution 371, the con- Bachmann Bishop (GA) Brady (PA) Gohmert Markey (CO) Ryan (WI) ference report is considered read. Bachus Bishop (NY) Brady (TX) Gonzalez Markey (MA) Salazar (For conference report and state- Baird Bishop (UT) Braley (IA) Goodlatte Marshall Sa´ nchez, Linda Baldwin Blackburn Bright Gordon (TN) Matheson T. ment, see proceedings of the House of Barrett (SC) Blumenauer Broun (GA) Graves Matsui Sanchez, Loretta April 27, 2009, at page H4774.)

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4892 CONGRESSIONAL RECORD — HOUSE April 28, 2009 The SPEAKER pro tempore. Pursu- to face, such as health care for millions Madam Speaker, I reserve the bal- ant to the rule, the gentleman from of Americans who do not have insur- ance of my time. South Carolina (Mr. SPRATT) and the ance. On top of that it slows down de- Mr. RYAN of Wisconsin. I yield my- gentleman from Wisconsin (Mr. RYAN) fense spending with an increase of 4 self as much time as I may consume. each will control 30 minutes. percent and makes a moderate adjust- Madam Speaker, this is a big mo- The Chair recognizes the gentleman ment to non-defense discretionary ment. This is a moment where Con- from South Carolina. spending, taking it a bit above this gress is now about to decide the pas- Mr. SPRATT. Madam Speaker, I year. sage of the final conference report of yield myself 5 minutes. In spite of deficits, the President’s this year’s budget. It’s the budget of In resolving the conference this year, budget and our conference report our new President with this new Demo- we have had a hard hand to play. In the launch some bold initiatives to make cratic majority. It’s a budget that en- backwash of the Bush administration, our economy more productive and our capsulates their values, the issues that we have had to struggle with an econ- people more productive. First, in high- the majority party ran on, the issues omy that is reeling, if not receding. er education, with an increase in Pell that the majority party did say in The deficit is deep and the end is no- Grants to $5,550; next in health care for their campaigns that they were going where in sight. the millions, 46 million by one esti- to pass. President Obama has responded to mate, who are uninsured; and, finally, I did 25 listening sessions in the First these challenges head-on, and we have in alternative energies to lessen our de- Congressional District over the Easter followed his lead with a conference pendence on foreign oil and the deple- recess, and a lot of constituents were agreement that reflects most of his tion of our environment. concerned and complained about all of policies and most of his proposals. As the Budget Committee, we do not this new government and about all of The President has recognized that we make tax policies or write tax bills, this spending as if it’s something they have not one but two deficits. The first but we do set revenue levels with cer- didn’t see coming, to which I answered is an economy running at about 7 per- tain assumptions in mind. We have pro- to most of my constituents: You know cent below its full employment level, vided revenues sufficient to renew the what? The President did run on these or $1 trillion below its potential. To middle-income tax cuts adopted in 2001 ideas. The Democrats who took the move our economy closer to its capac- and 2003. These include the 10 percent majority did run on these ideas. These ity, the President signed into law a bracket, the child tax credit and the are the things they said that they package of stimulus measures totaling marital penalty relief bill. We have would do, and now this budget shows $787 billion in tax cuts and spending in- also assumed revenue levels that allow that they’re doing it. creases. for the AMT to be patched for 3 years So honesty and candor are being had Here is what the Congressional Budg- to keep it from burdening middle-in- with this budget. The description of et Office says in its analysis of the come taxpayers for whom it was never what it does, however, I would say, is President’s budget: ‘‘The adoption of intended. We have also assumed in our not being candidly handled. It is not the American Recovery and Reinvest- revenue estimates that the estate tax being done honestly. If you take a look ment Act and very aggressive actions will be extended at the 2009 levels, leav- at an honest accounting of this budget by the Fed and the Treasury will help ing exemptions of $3.5 million per dece- that is now before the floor, there is an end the recession this fall.’’ dent in place, in force, in law. additional $1.172 trillion in deficit Let’s hope CBO is right, because it’s Our Republican colleagues neverthe- spending that’s occurring here that had all but impossible to balance the budg- less complained about our tax policies. been masked away from it. et when the economy is in recession. Let me read from CBO’s nonpartisan You’ve seen the kinds of quotes from Nevertheless, this year’s deficit con- analysis of the President’s budget, some who would describe the enormous stitutes 12.3 percent of our gross do- which is very much like our budget: vision of this budget as one that will mestic product. At least two-thirds of ‘‘Proposed changes in tax policy would bring a new day in America, where we that stems from the tax and spending reduce revenues by an estimated $1.7 will look more like a European kind of policies undertaken by the Bush ad- trillion over the next 10 years.’’ That’s an economy, like more of a European ministration. Much of the enormous the CBO talking. type of social welfare state. I know a swell in this year’s deficit is due to The President’s major initiatives— lot of people don’t like that descrip- some extraordinary expenditures, such health care, energy, education, envi- tion, and in some ways, that descrip- as the Troubled Asset Relief Program, ronment—are all implemented by way tion that this converts the American and the consolidation of Freddie Mac of reserve funds, and, let me stress, Government into a European welfare and Fannie Mae in the Federal budget, these reserve funds are all deficit-neu- state government is not a fair descrip- and the American Recovery and Rein- tral. They are yet to be funded, and tion. vestment Act. The good news is these they only become operative to the ex- The reason that that’s not a fair de- expenditures are nonrecurring so long tent that they are actually funded. scription is it’s not fair to Europe. as the economy recovers. The resolution before us sounds all of Under the Maastricht treaty, under The President sent us a budget that these themes, and with a few excep- which the Europeans allow entrance, will cut the deficit by two-thirds by tions, supports the principles under- this budget would be in violation of it. 2013, from $1.752 trillion this year to lying the President’s budget. If you take an honest accounting of $523 billion in 2014. $523 billion is Our resolution is laid out in the form this budget, then the deficit never falls roughly 3 percent of GDP in 2014, and of a 5-year budget using CBO’s stricter below 5 percent of the GDP. We in that sense, it is sustainable, because scoring and CBO’s projections of the couldn’t be allowed into the European that’s roughly the growth rate in 2014. economy. Union if this budget passes, which we The budget embodied in our resolu- know the majority has the votes, and tion uses CBO projections, which are b 1845 it will pass. less optimistic. Yet it reduces the def- OMB has run out its budget over 10 This budget doubles the national icit to $523 billion in 2014, which is 3 years, but a 5-year budget is not at all debt held by the public in about 51⁄2 percent of GDP, a bit less than the rate unusual. years, and it triples it in about 101⁄2 of growth in the economy for that The SPEAKER pro tempore. The years. This budget recreates a whole year. time of the gentleman has expired. new system, a whole new precedence. Our budget can rightly be called a Mr. SPRATT. I yield myself 1 addi- This new precedence changes the whole deficit reduction budget, because it tional minute. notion of budgets, the whole concept of lowers the deficit by $1.2 trillion over 5 It’s the customary time frame for what we refer to as the 1974 Budget years. On the other hand, our budget is budgeting, and we think that the 5- Act. That budget act was an idea that not so committed to deficit reduction year budget is particularly appropriate we’ve got to get spending under con- that it overrides or overlooks other in a year when no one can adequately trol, that we’ve got to get our fiscal needs. In fact, it takes on topics that foresee the future or can even foresee a house in order, that we’ve got to get previous budgets have found too tough few years over the horizon. the deficit down.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4893 We’ve got to work on our borrowing. going to go down that sliding scale, cal health and a competitive future by We need to bring fiscal discipline and that slippery slope of giving the next investing in our key priorities of edu- some limits and some control to the generation an inferior standard of liv- cation, health care and energy. process of taxing and spending in Con- ing. This budget resolution will put us on gress. This doesn’t do that. This takes It is a quantifiable, irrefutable fact a track to a stronger, fairer 21st cen- a whole new precedence, and it uses the that this budget puts us on that glide tury economy that can benefit all budget. It perverts the tools within the path to giving the next generation an Americans. It will help us rebuild our budget, not to lower the level of spend- inferior standard of living, an ocean of middle class and turn our looming cri- ing, not to lower the level of taxing, debt, a sea of higher taxes and spending ses—energy, health care and edu- not to work on reducing the national as far as the eye can see. This budget cation—into opportunities for pros- debt. It uses the budget to increase should not pass. Unfortunately, this perity, and it will create a new era of these things—to engage in an absolute budget will pass. accountability, honesty and trans- gusher of new spending, of more taxing With that, I reserve the balance of parency for taxpayers. and of more borrowing. my time. This budget will allow us to make In fact, the order occurs like this: a Mr. SPRATT. Madam Speaker, I dramatic changes in two areas that huge gusher of new spending, chased by yield 1 minute to the gentlewoman could not be more critical to working ever-higher taxes which never actually from Ohio (Ms. KAPTUR). families and our economy’s recovery, catch up with that spending, which re- (Ms. KAPTUR asked and was given and that is expanding access to afford- sults in a record level of new bor- permission to revise and extend her re- able health care and coverage and rowing. More debt will accumulate marks.) leveraging a more competitive work- under this coming Presidency than Ms. KAPTUR. I thank the distin- force by making college more afford- under all prior Presidencies combined. guished chairman for yielding. able. For too long, our broken health That’s the budget that we have here Madam Speaker, I rise in support of care system has threatened both our before us today. the 2010 budget resolution conference fiscal and our medical health. Millions The chairman talked about the Con- report, and I commend the chairman of Americans currently lack health gressional Budget Office saying taxes for his diligent work, as well as the care coverage, a figure that is growing are being cut in this budget. That’s other conferees, to produce a budget to daily as more workers lose their jobs really an interesting statement. You grow our economy and to restore dis- and, therefore, their health care bene- have to go through so much mental cipline, finally, to America’s accounts. fits. Millions of Americans who do not gymnastics to actually rationalize that The key to our Nation’s future is a have coverage too often have to choose statement. What this budget does, to strong, robust economy, and this budg- between quality and affordability, any be fair, is it takes some current tax et leads us in that direction. It also health care at all or bankruptcy. rates and keeps them current—the meets our commitments to our vet- This conference report will also give Child Tax Credit, the Marriage Penalty erans by including a substantial in- us the opportunity to give much need- Relief, some of the lower income tax crease from the 2009 veterans’ services. ed relief to families who are finding it brackets. So it doesn’t cut those taxes. I ask my colleagues to support this harder and harder to pay for college It just keeps them where they are. resolution. Again, I thank the very while losing jobs and income. Some Under this budget, the alternative able Budget chairman, Congressman families have done everything right— minimum tax kicks in in full force in 3 SPRATT of South Carolina, for his in- saving, working hard, giving their chil- years, hitting at that time about 30 credible work. dren a good education—only to find out million families with an average of I rise today in support of the 2010 Budget that their plans have changed by the $2,000 of more taxes. Resolution Conference Report. I wish to ap- economic downturn. It raises the tax rates on income that plaud Chairmam SPRATT and the other con- In this legislation, because of the rec- most small businesses pay, so they’ll ferees for their diligent work on behalf of our onciliation instructions, we will be pay a tax rate higher than that of the nation. able to take and recycle the money largest corporations. It raises the tax The key to our nation’s future is a a strong, that now goes to banks for fees and rates on the very investments, capital robust economy built on the foundation of re- commissions to the student loan pro- gains and dividends that make up our silient citizens working hard to produce goods gram, and we will be able to use that to pension funds, our 401(k) plans, our col- and services. The Budget Resolution supports improve and to increase the Pell Grant lege savings plans that are now down revitalization of our economy through investing scholarship program so that we’ll be by 40 percent. So it has not only the in education and energy independence, both able to make sure that that keeps largest tax increase in American his- of which keep us competitive globally while track with the cost of education. For tory and not only the largest spending protecting our national interests. those young people who are in the most increase in American history but the In addition, this Budget Resolution aims to financial need and who are fully quali- largest debt increase ever. That’s not cut the deficit by nearly two-thirds while main- fied to go to college, we will be sure budgeting. That’s irresponsibility. taining our commitment to our nation’s vet- that they will be able to do that. So we, obviously, have a difference of erans by including an 11.7 percent increase That’s all because of this budget reso- opinion with this budget. While we from 2009 for veteran’s services. This is crit- lution put together by this committee, criticize this, we brought to the floor ical as we address our aging veterans and and we should support this conference our own budget to say how we would do those who struggle with PTSD and other war- report. things differently, and we’ve got to get related injuries. Mr. RYAN of Wisconsin. At this our taxes low to grow this economy. I ask my colleagues to support this resolu- time, Madam Speaker, I would like to We’ve got to control spending so that tion. yield 2 minutes to the gentleman from we can have government live within its Mr. SPRATT. Madam Speaker, I now South Carolina (Mr. BARRETT). means so that we can get our debt paid yield 2 minutes to the gentleman from Mr. BARRETT of South Carolina. I off. California (Mr. GEORGE MILLER). thank the gentleman for yielding. At the end of the day, the question is (Mr. GEORGE MILLER of California Madam Speaker, tonight I rise in op- whether or not we’re going to do good asked and was given permission to re- position to this budget, a budget that in this generation by the next genera- vise and extend his remarks.) will hurt the American people. People tion, whether or not we’re going to Mr. GEORGE MILLER of California. who live in the real world, people who take on the fiscal challenges that are Madam Speaker and Members of the work for a living understand that you confronting this country and this gen- House, I rise in strong support today of can’t spend money that you don’t have. eration today so that future genera- this conference report for the fiscal These people don’t need to hear from tions of Americans can continue to year 2010 budget resolution. us about sacrifice. They sacrifice every enjoy the high standards of living that I want to commend Chairman day—the mother and father who sac- we have enjoyed, whether Americans SPRATT and the members of the com- rifice by cutting back at home to make can still test the boundaries of pros- mittee for bringing us a budget which sure their daughter has the school sup- perity and society or whether we’re will put America on a path toward fis- plies that she needs, the business

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4894 CONGRESSIONAL RECORD — HOUSE April 28, 2009 owner who sacrifices to make sure that eign Wars of the United States, who One of the ways that needs to be done she can meet this month’s payroll. says, ‘‘On behalf of the 2.2 million men is to stop our addiction to imported They’re making tough decisions and and women of the Veterans of Foreign foreign oil, and this budget takes an are living off bare bones budgets, but Wars of the United States and its aux- important step forward. they look up here to Washington, and iliaries, I would like to offer the VFW’s It’s important to understand what they see we’re spending more money strongest possible support for the con- the budget does and does not do. than we ever have. ference agreement for the FY 2010 What the budget does not do is make So it’s no wonder that they’re angry. budget. The VFW salutes your strong a judgment on the so-called cap-and- It’s no wonder that they’re fed up with leadership in quickly coming to this trade proposals. At another time, on wasteful spending. They should be mad. agreement, especially one that makes another piece of legislation, the House They know it and so do we. so many meaningful and valuable im- will debate and decide what to do about This budget taxes too much, borrows provements to the Department of Vet- that. What the budget does, however, is too much and spends too much. This erans Affairs. We strongly encourage to increase by about 10 percent our in- budget is just another example of how all in Congress to follow your lead and vestment in ridding ourselves of that Democrats fail to understand the com- adopt this conference report.’’ addiction to imported oil. monsense values that Americans use Is it a perfect budget? No, it’s not. What we say is building on the work every day. The worst thing you can do It’s difficult to be perfect when you in- in the economic recovery law, let’s put in a recession is raise taxes. John F. herit a $1.3 trillion deficit and when Americans back to work building a Kennedy knew it and Ronald Reagan the plane is going down into the ditch, smart grid that can take wind energy knew it. Apparently, the current Presi- but the President, in working with this and other energy and spread it dent doesn’t get it because raising Congress, is trying to make a dif- throughout our system. Let’s put taxes is exactly what President ference. There are some people, includ- Americans to work building a hydrogen Obama’s budget does to the tune of ing our veterans, who recognize that. plant, solar farms, other forms of clean well over $1.5 trillion, much of which For that reason, Madam Speaker, I renewable energy and create green col- will be placed squarely on the shoul- hope that every single Member of this lar jobs. Let’s retrofit existing build- ders of my State’s number 1 job cre- Congress recognizes that people who ings so they have a smaller carbon ator—the small businessperson. have given in many different ways rec- footprint and costs the owners and op- The truth is that, despite all the ognize it’s time to put our money erators less to do. claims to the contrary, this budget where our mouth is and to vote for this This budget represents the most sig- won’t create new jobs back home. It budget. nificant investment in green tech- won’t grow our economy. It will pass Mr. RYAN of Wisconsin. Madam nology and green jobs in the history of on debt to children because of bad deci- Speaker, I yield 2 minutes to the gen- the country, and it does so because we sions and bad debt. People back home tlewoman from Wyoming (Mrs. recognize that an important part of the deserve better, Madam Speaker. My LUMMIS) from the Budget Committee. answer to the question of how to re- Mrs. LUMMIS. Madam Speaker, ever children, as do yours, deserve better, store prosperity and create jobs for our since I came here I’ve been hearing the Madam Speaker. I urge my colleagues constituents is to invest in clean en- majority party say that they inherited to vote against this Democrat budget. ergy and green collar jobs. So whether this deficit, and so they have no re- Mr. SPRATT. Before yielding to Mr. it is tax credits, loans, or other invest- course except to double it in 5 years BECERRA of California, I would like ments, this budget takes us a very long and then to triple it in 10. That is not simply to make two or three clarifica- way towards that very laudable goal. tions. a grown-up response to inheriting a A ‘‘yes’’ vote for this budget is a You’ve heard it repeatedly said in deficit. The grown-up response is to be ‘‘yes’’ vote for a new strategy that will this debate that this is a big spending responsible with discretionary spend- liberate us from the addiction of im- bill, and it is, but it brings spending ing and taxes. ported oil and grow jobs in our families down from $3.9 trillion outlays this b 1900 and our communities. year to $3.6 trillion outlays next year— With regard to taxes, Madam Speak- I would urge a ‘‘yes’’ vote. a reduction in spending of $300 billion. er, if the government increased the top Mr. RYAN of Wisconsin. Madam As for revenues, we don’t raise reve- tax rate from the current rate of 35 Speaker, I yield 2 minutes to the gen- nues. We cut revenues by $764 billion percent to 100 percent, it would only tleman from Virginia (Mr. GOODLATTE). over 5 years and by $1.7 trillion over 10 collect an extra $400 billion this year. Mr. GOODLATTE. Madam Speaker, I years. Those are the facts. That’s the In other words, confiscating all of the rise in opposition to this budget con- truth. income that is currently taxed at 35 ference report. I now recognize for 2 minutes the percent, the highest tax rate, would Tomorrow, the President will have gentleman from California (Mr. BECER- not raise enough revenue to cover any completed 100 days in office. The Amer- RA). of the annual deficits projected in the ican people look back on these 100 days Mr. BECERRA. I thank the chairman next 10 years. and what do they see from this Con- for yielding, and I congratulate him on There is no way the tax hikes on the gress but a blizzard of spending. We’ve his work, once again, in putting forth a rich alone can pay for the proposed seen an over $1 trillion stimulus pack- budget that America can be proud of. spending in the current budget. The age, an omnibus appropriations bill Madam Speaker, when President tax hikes are going to fall on working- that we called for a freeze on that, in- Barack Obama took office, he inherited class Americans and on poor Ameri- stead, will spend over $400 billion in a plane that was in a fast nosedive into cans. This is no way to run a house- spending. The stimulus package, we the ground. He said we’re going to pick hold, and Madam Speaker, it is no way called for something that spent half as up America and do the best we can. to run this House. much money and would have created Many Americans have recognized that, Mr. SPRATT. Madam Speaker, I twice as many jobs according to the but some haven’t. I would like to give yield 2 minutes to the gentleman from economic projections that were relied you the words of a couple of Americans New Jersey (Mr. ANDREWS). upon. who have recognized that. President (Mr. ANDREWS asked and was given Now, the capstone of this first 100 Obama, in working with this Congress, permission to revise and extend his re- days is an unbelievable budget con- is trying to make a difference. marks.) ference report that projects to spend In the words of Commander Raymond Mr. ANDREWS. I thank the chair- more than $3.5 trillion this coming Dempsey of the Disabled American man for yielding. year and which forecasts budget defi- Veterans, ‘‘This is all good news for Madam Speaker, the question before cits as far as the eye can see. our Nation’s veterans. The budget the Congress and before the country is Much has been made about the fact agreement signals that veterans are, how do we get the economy to recover, that this year, the budget deficit will indeed, a national priority’’ or in the how do we put people back to work and be approximately $1.7 trillion, but that words of Mr. Robert Wallace, the exec- see their retirement savings grow includes the $1 trillion in spending. It utive director of the Veterans of For- again, their home equity rise again. includes the omnibus appropriations

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4895 bill that we talked about here. And yet built on innovation, technology, incen- Mr. RYAN of Wisconsin. Madam at the end of this time, the majority tives for an effective delivery system, Speaker, may I inquire how much time feels that it is worth boasting that we renewed commitment to prevention remains? will have cut that deficit by two- and consumer protections in a private The SPEAKER pro tempore. Five- thirds, to more than $500 billion. In the and public marketplace. and-a-half. Five-and-a-half. entire history of this country, our We cannot sustain the status quo, Mr. SPRATT. Madam Speaker, I budget deficit has exceeded $500 billion nor should we. It’s about time for us to yield 90 seconds to the gentleman from only once or twice to this point. Yet pass this budget resolution and get to New Jersey (Mr. ANDREWS). this budget plan projects $500 billion the task ahead. (Mr. ANDREWS asked and was given budget deficits for as far as the eye can Mr. RYAN of Wisconsin. Madam permission to revise and extend his re- see and raises our national debt over Speaker, I would yield 3 minutes to the marks.) Mr. ANDREWS. Madam Speaker, the the next decade to more than $23 tril- gentleman from the Budget Com- mittee, the gentleman from Ohio (Mr. House deserves an accurate record be- lion. fore it renders judgment on this budg- We talk about these numbers like JORDAN). et. It’s important that we know that they are abstract concepts. A million Mr. JORDAN of Ohio. I thank the gentleman for yielding. accurate record. dollars is a stack of thousand dollar We’ve heard that the budget imposes bills 4 inches high. A trillion dollars is Madam Speaker, let’s cut right to the chase. This budget is an attack on ‘‘the largest energy tax in history.’’ a stack of thousand dollar bills 63 miles freedom. It’s an assault on funda- That is not so. The budget does not high. For just this next year, we mental liberties. I mean, you just go refer to cap-and-trade. It doesn’t im- project a deficit of more than $1.2 tril- down the line. Tax increases, record pose energy taxes on families the way lion, 75 miles high up into outer space. tax increases in this bill which deny that it was described. It simply isn’t And that’s where this budget belongs. opportunities to Americans to use the case. Mr. SPRATT. Madam Speaker, I their money to spend on their goals, We’ve heard that the budget ‘‘nation- yield 2 minutes to the gentlelady from their dreams, their kids, their alizes health care.’’ The fact of the Pennsylvania (Ms. SCHWARTZ). grandkids—the largest tax increase in matter is that the budget sets up a Ms. SCHWARTZ. Thank you, Mr. process where this House will consider Chairman, for your great work on this history. Spending. Unprecedented levels of and debate legislation that will help to budget. spending. We’ve heard all the stats, but reduce costs for covered Americans and The budget is more than numbers on this budget piles up more spending over extend insurance to Americans who do a page. It is a statement of priorities the next decade than the previous 43 not have coverage. There is nothing and values and goals of our President, Presidents combined. We’ve heard it about nationalization of health care. the Congress, and our Nation. The ‘‘from George to George,’’ from Wash- We’ve heard consistently that this budget embraces the President’s goals ington to Bush, we don’t pile up as has a significant tax increase on small of rebuilding the economy and creating businesses. The fact of the matter is much deficit as we do over the next that any tax change that is con- new jobs, restoring fiscal integrity and decade with this budget—denying fu- templated in the health care plan will making investments for our future ture Americans the opportunities they be limited to a repeal of the tax breaks prosperity and security. need to achieve their goals and their Simply put, we will not be economi- the prior administration gave the dreams, to reach what we would all call cally competitive unless we meet these wealthiest Americans. The record the American Dream. economic and fiscal challenges and Third, further nationalizes health shows that 98 percent of small business filers will not be included in any such make these essential investments. This care. Think about this. The ability to consideration. budget meets these goals. It sets us on make health care decisions should be a path towards health care reform with Finally, we hear that the budget dou- between you and your family and your bles the deficit, one of the Members on a goal of containing costs, improving physician, you and your family and quality, and expanding access to cov- the other side said. Not so. This budget your personal doctor, not some board reduces the deficit by two-thirds, but erage. in Washington, not some bureaucrats We hear about the 47 million Ameri- more importantly and profoundly, it in D.C. who think they know all the puts us back on a path to the economic cans without insurance. But they are answers. Again, denial of freedom and also more than numbers. When I was growth and prosperity which preceded liberty for Americans across the board. the prior administration. back in the district a couple weeks ago, Then finally, let me finish with this. I was visiting a local college, Penn Mr. RYAN of Wisconsin. Madam Cap-and-trade, the largest energy tax 1 State Abington. It’s a commuter cam- Speaker, I would like to yield 2 ⁄2 min- in history. It will require every single utes to the gentleman from Indiana pus of Penn State in my district. I met American, all 304 million Americans, with a panel of young people, all ar- (Mr. BURTON). to pay more because now energy is Mr. BURTON of Indiana. I thank the ticulate, all bright, all working hard at going to cost more, which means every- gentleman for yielding. school. thing we produce will cost more. Every I have got a letter here I would like One young woman, 21 years old, said single American will pay more, hurting to read to my colleagues that lets you she was a daughter of a single mother us at a time when we’re trying to get know exactly what we’re doing to the who makes about $20,000 a year. She’s out of a recession. American people. not an only child. She had been covered Any four of these are bad anytime. This is a letter from some people in by CHIP, the Children’s Health Insur- But to do all four when we’re trying to Carmel, Indiana. They start off: ance Program, until she was too old. recover from a recession just makes no ‘‘Dear Congressman BURTON: She is now a full-time student. She sense. This cap-and-trade, the Heritage ‘‘As an 82-year-old retired secondary works almost full time to make ends Foundation did a study released 1 teacher and athletics coach, I am writ- meet. She tried to get health insur- month ago. Districts that are heavy in ing you this letter to let you know that ance, and she simply couldn’t afford it. manufacturing—like the one I have the I have never received a personal re- She recently got sick and went to the privilege of representing—are so hard sponse from a legislative representa- hospital and now has a bill for $7,000, a hit because you have got to have en- tive of local, State, or Nation.’’ And he bill she worries about every day, a debt ergy to produce the goods and services just got a letter from me. she doesn’t know how she will ever that our economy requires. If you want Then he says, ‘‘In my original letter repay, and, of course, she worries about to be the leading economy in the world, I was not able to express totally the getting sick again in the future. you have to have energy. This thing is depth of my hurt from the current eco- This budget enables Congress to de- going to lead to an energy tax that will nomic environment sweeping our be- velop a uniquely American solution to be unprecedented. loved country. Beyond the economic both coverage and costs so that that Again, up and down the line we deny pressures of the day, we are faced with young woman and the millions like her liberty, we deny opportunity to Ameri- the collapse of capitalism and the in- without health coverage will be able to cans with this budget. That’s why I roads of socialism into our govern- get it, a plan that will include and be would urge my colleagues to vote ‘‘no.’’ ment. My wife and I, celebrating our

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4896 CONGRESSIONAL RECORD — HOUSE April 28, 2009 60th wedding anniversary in 2009, have ing energy programs, providing for al- my 7-year-old daughter and my 5-year- lived through the thirties depression ternative energies. This legislation ac- old son. There is a better way. and skimped and clawed our way from commodates promoting energy inde- Madam Speaker, you cannot borrow earning $2,900 annually to a magnifi- pendence, also a seamless energy pol- and spend your way into prosperity. cent dollar amount of $45,000 annually icy. This is a budget that is not solving the at retirement in 1990. I believe this is the right direction to Nation’s economic crisis; it is exploit- ‘‘It all started in the late fall of 2007. go. This is a budget that respects ing the Nation’s economic crisis. It We had invested and saved a consider- America and Americans, and it be- must be rejected. able amount of money for a satisfac- lieves in getting us on the right track. Mr. SPRATT. Madam Speaker, I tory retirement. Since that date, our Mr. RYAN of Wisconsin. Madam yield 30 seconds to the gentlelady from conservative living, and a very modest Speaker, I yield 3 minutes to the vice Pennsylvania (Ms. SCHWARTZ). budget, has seen the national economy ranking member of the Budget Com- Ms. SCHWARTZ. I just want to make lose more than $250,000 of our retire- mittee, the gentleman from Texas (Mr. it very clear—not only on behalf of my- ment savings. Frankly, at this point in HENSARLING). self, but all of my colleagues. We have time, we’re scared to death. Mr. HENSARLING. I thank the gen- spoken quite a bit about, yes, the val- ‘‘You may, and we wish that you tleman for yielding. ues and the investments we are making I have listened very carefully to this would, send copies of this letter to in this budget, but we have also spoken debate, as short as it is, Madam Speak- President Obama, Speaker PELOSI and about our deep concern and our respon- er. I have listened to my friend, the Majority Leader REID. They have no sibility going forward on the debt. distinguished vice chairman, the gen- idea what they are doing to we con- Let’s be clear; this administration tlelady from Pennsylvania, say that stituents. and this Congress inherited a $1.3 tril- these budgets are about values more ‘‘I am sorry to cry on your shoulders, lion deficit for this year. And yes, than numbers. I couldn’t agree with but my wife and I in concurrence do there were some additions made be- her more. It is clear that the Demo- thank you for your wonderful letter of cause of the terrible economy we are cratic budget values spending. It is response. You touched our hearts deep- in, the need to respond to this eco- clear that the Democratic budget val- ly.’’ nomic situation and to create those ues taxing. It is clear that the Demo- new jobs. And this budget makes a b 1915 cratic budget values debt, debt as far commitment to reduce the annual def- as the eye can see, Madam Speaker. ‘‘They have no idea what they are icit by two-thirds in 5 years, an ambi- Now, almost without exception, Dem- doing to America and your constitu- tious goal, and one we are determined ents.’’ ocrat after Democrat Member have come to issue a history lesson to Mem- to meet. This is a big problem. This is the The SPEAKER pro tempore. The gen- bers of this body. Well, I have a history largest budget in history, the largest tleman from Wisconsin has 11⁄2 minutes lesson of my own. When Republicans tax increase in history. You really need remaining. The gentleman from South to know what you are doing to the were in control of Congress and budget deficits were $300 billion and falling, Carolina has 2 minutes remaining. American people, and here is a perfect Mr. RYAN of Wisconsin. Madam the gentleman from Maryland, who is example. And the people’s names are Speaker, I will consume my 11⁄2 min- now our majority leader, said, ‘‘They Mr. and Mrs. Shipley. utes. have instigated a dangerous spiral of Mr. SPRATT. Mr. Speaker, I yield 11⁄2 Madam Speaker, let me just address deficits and debt that constitute noth- minutes to the gentlelady from Texas what has been said here. This President ing less than fiscal child abuse.’’ The (Ms. JACKSON-LEE). inherited a terrible fiscal crisis. Well, gentlelady from California, who is now Ms. JACKSON-LEE of Texas. I thank you know what this President inher- our Speaker—again, when the Repub- the chairman very much. licans controlled the body, we had defi- ited? It inherited a Democratic major- To my good friend from Indiana, we cits $300 billion and falling—said, ‘‘This ity that ran Congress for the last 2 do respect the individuality of Ameri- is immoral, irresponsible and just to- years that gave us all of this spending cans. We are the pull ourselves up by tally immoral to ask for my children and these higher deficits. the bootstraps, and we are the fighting and grandchildren to pay for it.’’ And But here is the question; yes, there is and the tough; and we get going when now, Madam Speaker, on their watch, a bad fiscal situation on our hands in it gets tough. the deficit has gone from roughly $160 this country. Yes, the President inher- This budget is an American budget. billion to $1.8 trillion, and there is si- ited a difficult situation. The question It respects the uniqueness of America. lence, stone cold silence. Where are the is, is he making it better or is he mak- And we don’t take away from people accusations now of fiscal child abuse? ing it worse? All of these complaints who have theirs, but what we do recog- This is a budget that will place more about the higher deficit that has been nize is that we will not be the greatest debt on our children than has ever been inherited, about this spending that has country that we want to be if we don’t placed before. This is a budget that in occurred over the last 8 years, and bring everyone up at the same time. 10 years will triple the national debt, what is the response? More of it. More And so this legislation reflects that. create more debt in the next 10 years spending, more deficits, more debt. And in particular, I think it is impor- than in the previous 220 years of our One of the reasons why the majority tant to note that we do address rising history. Yet, where are my Democratic decided not to follow the President’s costs in health care. It is going up. We colleagues to talk about the fiscal lead with a 10-year budget and go with are going to address the question of child abuse? a 5-year budget is because the day after physician/patient relationship. We are Spending. Increasing spending almost the 5-year budget, the deficit goes right going to set us on a path to increased 9 percent. Almost every family budget back on up. One of the reasons why coverage and to provide a pay-for. that pays for the Federal budget is they put all these gimmicks in this bill We recognize that this is an element having to cut back, but not the govern- was to try and make that deficit look of the American psyche; I have been ment, no, no, no, no, no, not the gov- as if it were smaller than it actually is. working hard, I want to see others ernment budget. You take the gimmicks away, it is an- working hard. But Madam Speaker, it You know, Madam Speaker, there other $1.127 trillion in deficit spending. is important that this budget reflect was a time in our Nation’s history The deficit never gets to 3 percent of the fact that people are hurting, people where people believed that you work GDP, which all economists from the are in need. hard today so your children could have right and left think is unsustainable. We need an economic recovery to get a better tomorrow. And this Demo- This budget puts us on an this economy right-side up and allow it cratic budget takes that ethic, turns it unsustainable course. to turn and then allow us to invent and on its head and says, we will let gov- Madam Speaker, we are going to be build. That is why I am supporting this ernment live easier today so our chil- back here again talking about what to budget, because even in Texas, the oil dren have to work harder tomorrow. do to fix the budget because this budg- capital of the Nation in Houston, That is not the America I grew up in. et will need fixing, and that’s going to Texas, we are looking toward increas- It is not the America I want to leave to happen.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4897 The SPEAKER pro tempore. The gen- APPOINTMENT OF MEMBERS TO APPOINTMENT OF MEMBERS TO tleman from South Carolina has 2 min- MEXICO-UNITED STATES INTER- DWIGHT D. EISENHOWER MEMO- utes remaining. PARLIAMENTARY GROUP RIAL COMMISSION Mr. SPRATT. Madam Speaker, I The SPEAKER pro tempore. Pursu- The SPEAKER pro tempore. Pursu- yield myself the balance of my time. ant to 22 U.S.C. 276h, and the order of ant to 16 U.S.C. 431 note, and the order The gentleman from Texas said this the House of January 6, 2009, the Chair of the House of January 6, 2009, the was not the America he grew up in, but announces the Speaker’s appointment Chair announces the Speaker’s ap- he grew up in Mr. Bush’s America. Dur- of the following Members of the House pointment of the following Members of ing the 8 years of the Bush administra- to the Mexico-United States Inter- the House to the Dwight D. Eisenhower tion, the President came into office, we parliamentary Group: Memorial Commission: had a debt in this country of a little Mr. PASTOR, Arizona, Chairman Mr. MOORE, Kansas over $5 trillion. When he left office, the Ms. GIFFORDS, Arizona, Vice Chair- Mr. BOSWELL, Iowa debt was a little over $12 trillion, and a man f deficit of $1.845 trillion. So a lot of last Ms. LINDA SA´ NCHEZ, California APPOINTMENT OF MEMBER TO NA- year’s deficit becomes this year’s debt. Mr. FILNER, California TIONAL HISTORICAL PUBLICA- A lot of that debt was attributable to Mr. REYES, Texas TIONS AND RECORDS COMMIS- what happened in the last administra- Mr. RODRIGUEZ, Texas SION tion, too. Mr. GENE GREEN, Texas He said it continually, we increase The SPEAKER pro tempore. Pursu- f spending. Once again, in terms of out- ant to 44 U.S.C. 2501, and the order of lays, this bill will decrease spending by APPOINTMENT OF MEMBERS TO the House of January 6, 2009, the Chair $300 billion, from $3.9 trillion—which is BOARD OF VISITORS TO UNITED announces the Speaker’s appointment way too much—to $3.6 trillion. That is STATES MILITARY ACADEMY of the following Member of the House a $300 billion reduction. to the National Historical Publications As for taxes, raising taxes, this bill The SPEAKER pro tempore. Pursu- ant to 10 U.S.C. 4355(a), and the order of and Records Commission: cuts taxes by $764 billion over 5 years Mr. LARSON, Connecticut and by $1.7 trillion over 10 years. Those the House of January 6, 2009, the Chair f are the facts. It can’t be refuted. And announces the Speaker’s appointment that is why I think you can fairly and of the following Members of the House APPOINTMENT OF MEMBER TO rightly say this is a deficit reduction to the Board of Visitors to the United JAPAN-UNITED STATES FRIEND- bill which nevertheless accommodates States Military Academy: SHIP COMMISSION Mr. HINCHEY, New York values that we consider good for the The SPEAKER pro tempore. Pursu- Mr. HALL, New York country. ant to 22 U.S.C. 2903, and the order of We will pick up tomorrow, I suppose, f the House of January 6, 2009, the Chair Madam Speaker. announces the Speaker’s appointment Madam Speaker, I yield back the bal- APPOINTMENT OF MEMBER TO BOARD OF TRUSTEES OF CON- of the following Member of the House ance of my time. to the Japan-United States Friendship The SPEAKER pro tempore. Pursu- GRESSIONAL HUNGER FELLOWS PROGRAM Commission: ant to clause 2 of House Resolution 371, Mr. MCDERMOTT, Washington further consideration on the conference The SPEAKER pro tempore. Pursu- f report is postponed. ant to section 4404(c)(2) of the Congres- sional Hunger Fellows Act of 2002 (2 APPOINTMENT OF MEMBER TO f U.S.C. 1161), and the order of the House ABRAHAM LINCOLN BICENTEN- GENERAL LEAVE of January 6, 2009, the Chair announces NIAL COMMISSION Mr. SPRATT. I ask unanimous con- the Speaker’s appointment of the fol- The SPEAKER pro tempore. Pursu- sent that all Members have 5 legisla- lowing Member to the Board of Trust- ant to section 5(a) of the Abraham Lin- tive days to revise and extend their re- ees of the Congressional Hunger Fel- coln Bicentennial Commission Act (36 marks and insert material relevant to lows Program for a term of 4 years: U.S.C. 101 note), and the order of the consideration of S. Con. Res. 13. Mr. JAMES P. MCGOVERN, Worcester, House of January 6, 2009, the Chair an- The SPEAKER pro tempore. Is there Massachusetts nounces the Speaker’s appointment of objection to the request of the gen- f the following Member of the House to tleman from South Carolina? the Abraham Lincoln Bicentennial There was no objection. APPOINTMENT OF MEMBER TO Commission: BOARD OF TRUSTEES OF GAL- Mr. JACKSON, Illinois f LAUDET UNIVERSITY f APPOINTMENT OF MEMBERS TO The SPEAKER pro tempore. Pursu- 1930 UNITED STATES GROUP OF THE ant to 20 U.S.C. 4303, and the order of b NATO PARLIAMENTARY ASSEM- the House of January 6, 2009, the Chair JASON’S LAW BLY announces the Speaker’s appointment (Mr. TONKO asked and was given The SPEAKER pro tempore (Mr. of the following Member of the House permission to address the House for 1 GRAYSON). Pursuant to 22 U.S.C. 1928a, to the Board of Trustees of Gallaudet minute and to revise and extend his re- and the order of the House of January University: marks.) 6, 2009, the Chair announces the Speak- Ms. WOOLSEY, California Mr. TONKO. Mr. Speaker, tragically er’s appointment of the following Mem- f on March 5 of 2009, one of Schoharie bers of the House to the United States County’s citizens from my congres- Group of the NATO Parliamentary As- APPOINTMENT OF MEMBER TO sional district, Jason Rivenburg, pulled sembly, in addition to Mr. TANNER of BOARD OF TRUSTEES OF HARRY his truck into an abandoned gas sta- Tennessee, Chairman, appointed on S TRUMAN SCHOLARSHIP FOUN- tion frequently used by truckers in February 13, 2009: DATION South Carolina as a rest stop, and was Mrs. TAUSCHER, California, Vice The SPEAKER pro tempore. Pursu- then and there violently and sense- Chairman ant to 20 U.S.C. 2004(b), and the order of lessly shot and murdered, robbed for a Mr. ROSS, Arkansas the House of January 6, 2009, the Chair meager $7. At the time of his death, Mr. CHANDLER, Kentucky announces the Speaker’s appointment Jason was a mere 12 miles from his des- Mr. LARSON, Connecticut of the following Member of the House tination but was unable to make his Mr. MEEK, Florida to the Board of Trustees of the Harry S delivery because he was too early. Mr. SCOTT, Georgia Truman Scholarship Foundation: Jason Rivenburg was 35 years old, Ms. BEAN, Illinois Mr. SKELTON, Missouri leaving behind his wife, Hope, and son,

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4898 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Josh. They had just moved into a new tleman from Oregon (Mr. DEFAZIO) is (Mr. FLAKE addressed the House. His home. As if that stress was not enough, recognized for 5 minutes. remarks will appear hereafter in the shortly after his death, Jason’s widow (Mr. DEFAZIO addressed the House. Extensions of Remarks.) delivered two healthy twins, a boy His remarks will appear hereafter in f named Hezekiah, after his grandfather, the Extensions of Remarks.) HEALTH CARE FOR AMERICA and a girl named Logan. f The SPEAKER pro tempore. Under Rivenburg’s death sparked outrage The SPEAKER pro tempore. Under a the Speaker’s announced policy of Jan- and an outpouring of support for the previous order of the House, the gen- family across our country. Truckers uary 6, 2009, the gentleman from Con- tleman from Indiana (Mr. BURTON) is and family members are demanding necticut (Mr. MURPHY) is recognized for recognized for 5 minutes. that the government do more to pro- 60 minutes as the designee of the ma- (Mr. BURTON of Indiana addressed tect truckers who risk their lives fol- jority leader. the House. His remarks will appear lowing rules that require that they pull Mr. MURPHY of Connecticut. Mr. hereafter in the Extensions of Re- over and rest after a certain amount of Speaker, I am glad to be back here on marks.) driving time. the House floor this evening to join There are few resources telling truck f you and our colleagues in talking drivers, who are often unfamiliar with The SPEAKER pro tempore. Under a about an issue that is of rising impor- a local area, where a safe place to rest previous order of the House, the gentle- tance to millions of Americans, and might be. Moreover, there are few safe woman from Ohio (Ms. KAPTUR) is rec- that is the issue of guaranteeing a places to rest in the first place. ognized for 5 minutes. seamless and affordable and quality Mr. Speaker, we must do more to (Ms. KAPTUR addressed the House. health care system for the American support these incredibly important Her remarks will appear hereafter in public. men and women. Moving our freight the Extensions of Remarks.) Mr. Speaker, we are here to talk and goods is essential to keeping this f about health care for America. It’s a country and our economy progressing. The SPEAKER pro tempore. Under a pretty simple concept, and over a num- We must ensure that as we demand previous order of the House, the gen- ber of years, the desire and the call mandatory stops and on-time delivery tleman from North Carolina (Mr. from the American public has become that we provide adequate support sys- MCHENRY) is recognized for 5 minutes. more and more acute. I’m glad to be tems for our Nation’s truck drivers. (Mr. MCHENRY addressed the House. here with my good friend from Wis- Mr. Speaker, I ask that my col- His remarks will appear hereafter in consin, Representative KAGEN, and oth- leagues support the life and memory of the Extensions of Remarks.) ers who may join us here throughout a truly hardworking American man f our hour or a portion thereof to talk and support Jason’s Law, which I am about both the need for reform and sponsoring. The SPEAKER pro tempore. Under a previous order of the House, the gen- some of the ideas that are floating f around this Chamber to get us there. tleman from Kansas (Mr. MORAN) is SPECIAL ORDERS recognized for 5 minutes. I stand here with new evidence from The SPEAKER pro tempore. Under (Mr. MORAN of Kansas addressed the the American public that they are the Speaker’s announced policy of Jan- House. His remarks will appear here- more desirous of change than ever, not uary 6, 2009, and under a previous order after in the Extensions of Remarks.) a preservation of the status quo, not incremental reform, not a Band-Aid fix of the House, the following Members f will be recognized for 5 minutes each. to the problem, but real reform. The SPEAKER pro tempore. Under a A recent survey of Americans by the f previous order of the House, the gen- Kaiser Health Foundation showed that The SPEAKER pro tempore. Under a tleman from California (Mr. HUNTER) is over 60 percent of Americans believe it previous order of the House, the gentle- recognized for 5 minutes. is more important now than ever, than woman from California (Ms. WOOLSEY) (Mr. HUNTER addressed the House. ever, to pass comprehensive health is recognized for 5 minutes. His remarks will appear hereafter in care reform. Those same individuals re- (Ms. WOOLSEY addressed the House. the Extensions of Remarks.) ported that they are having more prob- Her remarks will appear hereafter in f lems than ever, more problems than the Extensions of Remarks.) The SPEAKER pro tempore. Under a ever, accessing care. f previous order of the House, the gen- Forty-two percent of Americans in The SPEAKER pro tempore. Under a tleman from Virginia (Mr. GOODLATTE) that recent poll said they relied on previous order of the House, the gen- is recognized for 5 minutes. home remedies or over-the-counter tleman from Texas (Mr. POE) is recog- (Mr. GOODLATTE addressed the drugs to take care of their illnesses be- nized for 5 minutes. House. His remarks will appear here- cause they couldn’t afford the prescrip- (Mr. POE of Texas addressed the after in the Extensions of Remarks.) tion. Thirty-six percent of people re- House. His remarks will appear here- f ported that they skipped dental care or after in the Extensions of Remarks.) a visit to the dentist because they f The SPEAKER pro tempore. Under a previous order of the House, the gentle- couldn’t afford it. Thirty-three percent The SPEAKER pro tempore. Under a of Americans said they put off or post- previous order of the House, the gen- woman from Kansas (Ms. JENKINS) is recognized for 5 minutes. poned care that they knew they needed tleman from Pennsylvania (Mr. BRADY) (Ms. JENKINS addressed the House. because they could not afford it. Twen- is recognized for 5 minutes. ty-nine percent said they didn’t fill a (Mr. BRADY of Pennsylvania ad- Her remarks will appear hereafter in the Extensions of Remarks.) prescription because they couldn’t af- dressed the House. His remarks will ap- ford it. And 18 percent of Americans, pear hereafter in the Extensions of Re- f nearly one in five, said that they cut marks.) The SPEAKER pro tempore. Under a pills in half that they were due to take f previous order of the House, the gen- because they wanted the prescription The SPEAKER pro tempore. Under a tleman from Texas (Mr. CONAWAY) is to last longer. previous order of the House, the gen- recognized for 5 minutes. Mr. KAGEN, Mr. Speaker, and my col- tleman from North Carolina (Mr. (Mr. CONAWAY addressed the House. leagues, this is the most affluent coun- JONES) is recognized for 5 minutes. His remarks will appear hereafter in try in the Nation, the most free, the (Mr. JONES addressed the House. His the Extensions of Remarks.) most powerful. What does it say about remarks will appear hereafter in the f the conscience of a nation that one in Extensions of Remarks.) The SPEAKER pro tempore. Under a five Americans are sitting at their f previous order of the House, the gen- kitchen table, sitting and standing The SPEAKER pro tempore. Under a tleman from Arizona (Mr. FLAKE) is next to their bathroom sink, cutting previous order of the House, the gen- recognized for 5 minutes. prescription drugs in half because they

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4899 can’t afford to pay for the full prescrip- We’re here to say that it absolutely Now, of all of you here in the gallery, tion? And what does it say in this does. We are here to say that this is a a few of you that might be here to- country that forces so many Ameri- unique moment in time, coming fresh night, raise your hand if you’re against cans, most of whom are playing by the off of an election with a mandate on equal pay for women. Raise your hand rules, doing everything we ask? We health care, with a House full of Mem- if you’re against providing health care know that study after study tells us bers who want reform, with a Senate to children who are most in need at the that of the nearly 50 million uninsured full of Members who want reform, and doctor’s office. in this country, five out of six are a with an administration that has made b 1945 member of a family with a full-time it one of their priorities that we can do worker. More and more often you’re it now. I don’t think we see a hand going up. working, you’re doing everything Now, we may all have, as we will Women and children first, that is what you’re supposed to, and you can’t get probably discuss over the course of the this 111th Congress has done with the insurance or the insurance plan that next hour, varying ideas on how we get help of President Obama and his lead- your employer presents you puts more there. And in the end for every single ership. and more of the burden on paying it one of us when we go to press that I have here a few postcards I have re- onto the employee. We know that for green or red button on a comprehensive ceived from my constituents in north- all these people that are playing by the health care reform bill, there is going east Wisconsin that pretty well tell it rules, for all these people that don’t to be an element of a leap of faith. We like it is. have health care insurance, they live are all going to have to cast aside the David and Dianne from Appleton: amidst a health care system that perfect for the benefit of the good. But ‘‘We have health insurance, but cannot spends more on health care than any it is time that we stopped arguing over afford to use it.’’ Now, that is a prob- other country in the world. We spent the perfect system and started making lem, when you have health insurance $2.2 trillion on health care last year, some real improvements, big improve- coverage and the only thing it guaran- Mr. KAGEN, about an average of $7,400 ments, comprehensive, trans- tees is that the insurance company is per person, nearly double what every formational improvements. I think going to take the money, then you other country in the First World that’s where we will get to this year. have to fight like heck to get the spends. And what do we get for it? We And I’m glad to have some of my col- money back. They have high get a system that leaves almost 50 mil- leagues on the floor of the House to deductibles and can’t afford to use the lion without health care insurance, and talk about this tonight, in particular insurance they have. we get a system that by and large the doctor of the House, Representa- From Luxembourg, Wisconsin, Jim ranks in the middle to lower tier with tive STEVE KAGEN. says, ‘‘My wife and I have preexisting regard to health care outcomes in the Mr. KAGEN. Thank you, Congress- conditions with our health. Right now, world. man MURPHY. It’s good to be with you we pay $3,000 a year after 80 percent is In fact, another new study that just already paid.’’ came out suggests that the United again on the House floor where we can begin to discuss with the American ‘‘Preexisting conditions.’’ It is time States amongst industrial nations that we applied our constitutional ranks last, ranks last, in addressing people about progress we can make to- rights that prevent us from suffering the issue of preventable mortality; gether. And only by working together from discrimination by the health care that in preventable deaths, this health are we going to bring about the industry. No discrimination. No cit- care system does worse than every changes that we need. izen, no legal resident in this country other industrialized nation in the Now, we did come here in 2006, No- anywhere should be discriminated world. vember. We came for orientation. And The facts are clear. For too many we came with a message, and the mes- against because of the color of their people out there, health care has be- sage was about positive change. Now, I skin, and likewise they should not suf- come unattainable. For too many that will just give you the good news. Just fer from discrimination because of the have health care insurance, they’re in case people haven’t heard it across chemistry of their skin. No discrimina- going bankrupt just trying to pay their the country, there has been a change in tion based on the content of their portion of the bills. And the system Washington. We now have a President heart. Well, what about the content of overall is bankrupting not just this who can actually think things all the the arteries of their heart? We need to government but is bankrupting and way through, someone who’s really on pass legislation that guarantees that putting out of business too many busi- our side for the changes that we need. no one will suffer from discrimination nesses, both small and large, through- And what have we done so far? due to preexisting conditions. out this country. Big businesses, small Well, for the Meronek family that I Here is a card from Albert from businesses, families, individuals, all have the honor of representing, this is Crivitz, Wisconsin, who writes, ‘‘With- asking with voices louder than ever a photo of Wendy and her 3-month-old out a job that pays a fair wage, I won’t that this year right now this Congress child. And they didn’t have access to a have money to pay for health care, for step up and fix this problem. It’s the doctor at the doctor’s office. She had gas, for a war, for Social Security or right thing to do. It’s the right thing to access at the emergency room because anything else.’’ do from the perspective of conscience. she didn’t have any health care at all. It is really tough to separate health It’s the right thing to do from the per- She was qualified for SCHIP but it care from our economy and our eco- spective of health care, and it’s the wasn’t fully funded. We passed SCHIP nomic recession from the loss of the 6 right thing to do from the perspective in our first term here in the 110th Con- million jobs during the last 12 months. of economic recovery and revitaliza- gress. We passed it and the President We have to put this thing all together. tion. So we are here tonight to talk signed it. And the very first thing that One thing directly affects the other. about this challenge that’s laid before the President did for this country this Here is Kathleen from DePere, Wis- and presented to this government. year was to pass legislation that guar- consin: ‘‘It is time for all Americans to Mr. KAGEN and I came here in the anteed that children who are most in have the same health care benefits as same class, and we got here amidst need have access to the doctor in the their representatives in Washington.’’ probably a record degree of cynicism doctor’s office. It reduces taxes, re- Well, that is not a bad start. I think about what government can accom- duces our costs, increases the health people in our districts understand the plish but in particular what Wash- for our children, and prevents problems situation just as well as we do here in ington can accomplish. Now, it’s got- from getting worse. It’s good for peo- Congress, and we are working very ten a little bit better since the election ple’s health and it’s good for our budg- hard to bring about the changes that of President Obama, but there are still et. So we began to take that positive we need. far too many people out there who look change by helping children. I yield to my colleague from Florida, at the depth and the severity of this We also passed a bill that may not RON KLEIN. problem, the health care problem, and seem to be too related to health care, Mr. KLEIN of Florida. Thank you, doubt whether Congress and this place Lilly Ledbetter. This was a bill that Dr. KAGEN. Certainly it is an honor and has the ability to rise to the challenge. guaranteed equal pay for women. privilege to be here and to talk about

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4900 CONGRESSIONAL RECORD — HOUSE April 28, 2009 this issue in the House of Representa- forbid, if it ever comes back, you want ance, it is obviously too expensive or tives, because I know people at home to know if you need surgery or an they otherwise would already have it. are trying to figure out what it is that oncologist or a second opinion or to For the next 50 million who have too they can do, what ideas that they have, have whatever, a lumpectomy or what- little insurance or are underinsured, as what ideas doctors have, hospitals ever it may be, that you will have the it is called, they know it is too expen- have, caregivers have, to try to fix the hospitalization and care. sive when their insurance company re- system that in the long term is not Unfortunately, this is a big gap. And fuses to pay for coverage that they sustainable. ‘‘gap’’ is really not giving it the right thought they had or the insurance It is not sustainable through Medi- feeling, because ‘‘gap’’ is just a word. company makes a claim that there was care and Medicaid based on the costs. But this is a crisis. This is a crisis for a previous condition involved and that It is not sustainable if you are a pri- families who can’t afford or can’t get may have been why they are now are vate-sector business and you are pro- that kind of health insurance. And claiming that they shouldn’t pay the viding health care to your employees. there is no reason. money. Or there are a certain number You obviously want to do whatever you There is a very simple answer, obvi- of people who have lost jobs in this can to keep them healthy. You spend a ously. What is insurance? Insurance is economy and thereby have lost their lot of time training them, and we want supposed to spread the risk. When you coverage for health insurance, and for them to come to work every day and be have a large pool, when a large cor- them, obviously, the whole situation healthy and not have to end up in the poration has 10,000, 20,000, 100,000 em- has gotten out of hand. hospital where they don’t have cov- ployees, they buy a policy and it Yes, our American health insurance erage and obviously all the problems spreads the risk. And, God forbid, if is too expensive. Let me use this first that go along with that. one of their employees has a serious ill- chart and show you what the situation So we have some serious issues out ness or car accident, that is covered in is here. there, and I think this is one of those the big pool by all the rest the employ- This is a chart which shows the moments in time in America where we ees. That is how insurance is supposed health care cost as a percentage of have to come together. This is not a to work, whether it is homeowner’s in- gross domestic product in the G–7 Democrat, Republican or Independent surance or any kind of insurance you countries. The G–7 countries are Amer- issue. This is an American issue. This buy. Health insurance is the same. ica and the next six largest economies is something where we have to sort of The tragedy, of course, is that over in the world, except for China. These in a nonpartisan way figure out what is time we have allowed a system to de- data, it indicates that the Japanese working in the system and preserve velop where there are large gaps in our data are for the year 2005, whereas the that, and what is not working in the delivery of health care. We have to fix other data are for the year 2008. system and fix that. it. It is the right thing to do. You can see on the chart that the There are lots of issues we know that I will turn it back to the gentleman percentage of health care cost as a per- are not working, and I will just give from Connecticut who is running this cent of their domestic product ranges one perfect example, which I know discussion tonight and thank him for from 8.2 to 11.1 percent in the other six when I am speaking on the floor of the allowing me to participate. next largest economies in this world, House this evening a lot of people will Mr. MURPHY of Connecticut. Thank and here we are up over 15. And, by the be able to share and empathize with you very much, Mr. KLEIN. I am glad way, these data, if you look at 09, fiscal this scenario I am going to give you. you are here with us tonight. 09, you would probably find that that We have a very close friend. We have I want to turn over the podium to number 15.3 percent is probably up to known them for many, many years. Representative OLVER from Massachu- 16 percent or a little higher because of Their daughter has cystic fibrosis, and setts. One of the statistics that stands the problems with the economy. Health it could be any number of diseases that out, and I know Mr. OLVER is going to care continues to go up, and people are any of our families unfortunately have talk a little bit about the amount of struggling for that reason. with their children. money we are spending on health care, So we have by far the highest. We are This gentleman owned a business, a in 1970 about 7 percent of our gross do- 40 percent roughly higher than the family business, for decades, a long, mestic product was devoted to health next-highest one of the largest econo- long time, and the business, based on care. Since 1970, in 30 to 40 short years mies, which is the industrial economies what is going on right now over the we have jumped up to almost 17 per- with which we compete all the time. last number of months, had to close. cent of our gross domestic product is And the average of the other six mem- Well, fortunately, for all the years that spent on health care. That number is bers, our partners in the G–7, their av- he has been raising his family, they going to very quickly hit 20, and could erage number is only two-thirds. We have had a good health insurance plan get up all the way up to 30 in a very are more than 50 percent higher than that the business paid for. Obviously, it short time if we don’t do something the average of those other six coun- was something that gave them peace of about it. tries. mind, knowing that when their daugh- It is always going to be a necessary So, yes, American health insurance is ter needed hospitalization or therapy component of spending, but that kind too expensive, and this huge gap be- or treatments, she could get it. of growth is just unsustainable as an tween our health care costs, the burden Well, when your business goes out, economy, something that the Appro- that that puts on our industries, be- there is no COBRA, and a lot of people priations Committee, of which Mr. tween that burden in this country are not aware of that, because there is OLVER is a senior member, will be no versus the others of our major competi- no underlying policy. The reality is for doubt grappling with, and I yield to tors, hurts American businesses and him to find an insurance policy, a him. costs us jobs. health insurance policy right now that Mr. OLVER. I thank the gentleman You only need to look at the auto in- will take care of his daughter with her for yielding, and I want to thank the dustry, where our old icons of Chrysler preexisting condition, that is what it is gentleman from Connecticut and my and General Motors now are strug- known as, it is almost impossible to friends from Florida and Wisconsin for gling, and in large measure because the get that coverage, and, if you can get being here tonight to help to enlighten cost of their health care in this coun- it, it costs a fortune and usually has all people about what has become a very, try is so much greater than it is for sorts of exclusions and limitations. very critical issue for America. other countries producing automobiles. The same example for women who The only agreement that I can see Well, that might be okay, or it might have had breast cancer. Literally mil- about the debate that we are beginning be acceptable, that kind of a cost dif- lions of women that have had breast to have on reform of the health care ference, if we got the best health care. cancer, generally speaking after they system is that virtually every Amer- Everyone watching has probably heard have had breast cancer, they are going ican family, all across the board, a politician tell them that we have the to have a difficult time getting cov- knows that health insurance is too ex- best health care in the world. erage. And guess who needs it the pensive. For the 50 million or so Ameri- Well, we do have the most expensive most? Someone who has cancer. God cans who don’t have any health insur- health care in the world. That chart

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4901 very clearly illustrates that we do have really are instructive to let us know People in my district are telling me, the most expensive health care in the what we’re getting for the money that KAGEN, health care costs are just im- world. But I would like to examine we’re spending. I don’t think it’s the possible. Small businesses, what are that question of whether we have the worst thing that we spend a little bit their greater components of their over- best health care a little bit more deep- more money on health care in this head? Energy and health care. And ly with this chart, which shows what country than the rest of the world. You that doesn’t matter if you’re on Main the life expectancy is among the very know, we have relative affluence here. Street, on Wall Street, or if you’re a same heavily industrialized countries, We have a citizenry that very rightly family farmer in northeast Wisconsin. which are our major partners in indus- has high expectations, and so I don’t So we have to attack the greatest try and in commerce and trade around necessarily think anybody has a prob- cause of bankruptcy today in the coun- the world. Again, I leave out China, but lem that we spend a little bit more on try, which is the high cost of medical I am using the G–7 countries. All seven health care. But two questions are care. of them are listed there. raised. One, how much more money I am confident that we’re going to be What you see on this chart is that should we be spending than other coun- able to work out some details to guar- life expectancy in the United States is tries; and what are we getting for that antee that if you’re a citizen, you’re in; less than each and every one of the money because, listen, Americans, cer- that there will be no discrimination other members of the G–7 group, each tainly in my district at least, are value due to preexisting conditions; that the of the other six partner members in the shoppers and they’re willing to spend price for health care services, for hos- G–7 largest economies in the world. money if they’re going to get value for pital services, for your pills and pre- And if I average the life expectancies it. And the problem is not enough scription drugs will not be whatever in those other six countries, it is 3 Americans understand that they’re not they can get. It won’t be whatever they years longer than American citizens getting what they should be from those can get. It’ll be whatever they openly live. Now, that does not suggest that health care dollars. disclose, and give every citizen that we have the very best health care in Mr. KAGEN. Would the gentleman same discount. the world or the very best health care yield for a moment? Mr. MURPHY of Connecticut. Will that we could have. Mr. MURPHY of Connecticut. Of the gentleman yield for a point before Then on this last chart let me just il- course. Mr. KLEIN jumps in? lustrate one more measure of what our Mr. KAGEN. Let’s not let the facts You know, that constituent of yours health care quality is, and this meas- get in the way of a good argument or a is multiplied, you know, by hundreds ure is one that directly affects a huge good conversation, but the fact is that in all of our districts. I mean, people number of families at the very begin- 72 million Americans are having great throughout this country have a fear of ning of life. This is the question of in- difficulty paying their medical bills as government-run medicine, in part be- fant mortality in the G–7 countries, of November of last year. About 47 to cause they hear about anecdotes from where you see the listed number of 50 million Americans have no health some of the countries that Chairman care coverage at all. But let’s not let deaths for children under the age of OLVER and others talked about in the facts get in the way. one. So it is deaths among new infants terms of the wait times. And, again, I And I certainly appreciate Chairman lower be than the age of one. think there are moments when facts Going from Japan, you see 2.7 per OLVER reassuring the people in Japan, are really necessary. Study after study 1,000 births, on to 5.5 for Italy per 1,000 if they’re looking in tonight, or this shows that if you really do an empir- births, and the U.S., the highest num- morning, for them, you know, they’ve ical, data-based survey, wait times are, ber of infant deaths that are occurring got it pretty good in terms of health frankly, worse off in the United States before the age of 1 year. Again, if you care coverage. And our friends in Eu- than in many, if not most of those average the six, you find that the in- rope understand that, you know, they other countries. fant mortality in the United States is don’t have to worry about getting sick. And with respect to the one country more than 50 percent higher than the My way of thinking is, as a physi- that does tend to have wait times average of these six other nations. cian, if you’re sick, you should have So, I think one has to ask the ques- the reassurance that when you’re sick, greater than the United States, Can- tion, after going through all of that, you’re going to have the coverage that ada, most of those, in fact, all of those, and I have to look and see where the means you’re going to be in your are really for nonessential procedures. question is on my papers, one has to house, not the poorhouse. If you’re a And I think it’s worthwhile to then ask the question, is the assertion that citizen, you should be in the risk pool. sort of mirror back to the United the U.S. has the best health care in the It should be just that simple. If you’re States. world, basically is it true, is it not a citizen, you ought to be in. And if it’s In Canada, one of the things that true, is it simply a lie? in your body, it ought to be covered. comes up all the time is that if you We have to find a way to make certain want a hip replacement surgery you’ve b 2000 that that works out. got to wait about 6 or 8 weeks. And We ought really to think very care- And before I turn and yield to some- that’s true. And that’s a long time to fully while we’re doing the reform of body else here in this discussion, not wait, and too long. In the United our health care system, as we’re going everyone agrees with all these ideas. States, you’ve got to wait about 2 to do later this year. We ought to That’s why we have a debate. Here’s a weeks to get that surgery. But you think very carefully about figures like person from De Pere, Wisconsin who know who pays for that surgery in the this and a whole bunch of other meas- says, ‘‘I do not want the government United States? Medicare. The govern- ures. I could go through a series of involved in health care. The govern- ment. So our government-run health other measures that show similar ment mismanages money and thinks care system does a pretty good job at kinds of data, and show that we are not funds are endless.’’ So you see, we have eliminating wait times. doing as well as we ought to be doing to reassure our citizens, not just in De And for those of us who believe that as the richest country in the world. Pere, but that good government can ultimately you’re going to have to There are reasons for that. We’ll have make a positive difference in your life. have some increased footprint of a gov- other times to perhaps explore some of Medicare was a tremendous program ernment-sponsored health care option those other reasons. when it was first initiated; 16–1 was the for individuals and businesses, I think But I’m very pleased that the gentle- ratio of people working versus retired. we can find solace in the fact that, al- men, my friends from Connecticut and Now it’s down to about 4–1, so there are though Medicare may not be perfect, it Florida and Wisconsin, are taking this some things we have to talk about. actually does pretty well with regard up tonight, and that I have been able Is Medicare sustainable in its current to at least that one indicator, wait to bring some little bit of thought to model? It’s a great challenge. And can times, compared to some of our other how this is going forward in America. we somehow tease apart and differen- neighboring countries. Thank you. tiate our economic recession from our Mr. KLEIN. Mr. MURPHY of Connecticut. I ability to pay for our health care Mr. KLEIN of Florida. I thank the thank the gentleman. And those charts costs? I don’t think so. gentleman. And just to add to that, I

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4902 CONGRESSIONAL RECORD — HOUSE April 28, 2009 know when I got elected in 1992 to the the industrial world, at least of the G– a discussion with an M.D. who has been Florida Legislature, I had a group of 7. The money’s there. Where’s it going? through this so intimately and has so people in south Florida that said single And how can we make sure that that many examples that he can put for- payer, that’s the way to go. These are doctor/patient relationship that Dr. ward. We have two or three other med- mostly senior citizens who thought Kagen has with his patients and I have ical doctors here in the Congress, and that was just the best opportunity. with my doctor and many other people I’m glad we’re not having this discus- Most of the doctors I was talking to have with their doctor really is one sion among just them and me because who I knew in the community at that that is nurtured and supported. We I would feel completely out of place. time were totally against that. know we get better quality medicine But I did want to comment to some- Well, what’s happened now is many when my doctor is the same doctor thing that my friend from Connecticut of my doctors in our community, who over many years, as opposed to I get a had said after I finished my chart talk do just wonderful service, are now the new managed care list and now I have essentially, and that was, yeah, we ones saying Medicare seems to pay to choose a new doctor and all the should be willing to accept a higher quicker, more efficiently than a lot of kinds of things that really make for cost in this country. True. I said that the managed care organizations. And less good quality care medicine. it would be perfectly acceptable if we I’m not picking on managed care as a So again, I think this is opportunity were getting outcomes that correspond whole. There are some that are good for us to have the discussion, bring a to the cost that is going in. and some that are more difficult to lot of ideas forward, think outside the We do have a very productive work- deal with. box a little bit and come up with some force, and the total value of our econ- But I think the point of this all is answers. omy is so high that I think you would that Medicare has generally worked Mr. KAGEN. Well, Mr. KLEIN, I appre- find, per person, per member of the fairly well. I think most seniors are ciate what it’s like to be in Florida. I workforce, that the value of our econ- pretty satisfied with a lot of things. had a small medical practice there omy, the gross product per member is It’s not perfect, but I think that we un- studying the fire ant allergy for a cou- substantially greater than most, if not derstand that. ple of years. I wanted to come up with all of these. I don’t have the data on But if we think about, you know, a vaccine that would prevent people that, but I think I have seen them. And what is it that, again, recognizing the from having allergic reactions to those so you would expect that you should be venomous creatures. We could talk an different pieces here. We have a lot of able to spend more in real dollars than hour about the fire ants. people that retire to Florida, where I others and still maybe not be hurting But on that hot subject, wouldn’t it live, pre-Medicare; 55, 58, 59 years old. the economy. But when it gets so out Maybe they’re in business or work for be nice if Medicare actually covered the overhead expense, or if Medicaid of range, then you really have to look some government up in the northern covered the overhead expense? You see, at what are the outcomes. part of the country or from some other there’s a subject called cost shifting. One other outcome that I would just part of the country, and all of a sudden One of the reasons that the prices are like to mention, because I used first they don’t have health care that trans- so high is that everybody else is paying the life expectancy of our people at fers to Florida, and they can’t buy for the unpaid for health care that oc- large, from the time that they are born health care because of a preexisting curs not just in the emergency room until they join their Maker, and then condition or any number of other but in doctors’ offices and hospitals all the infant mortality, but then look at things. across the country. And that takes the other question, the question of ma- So what some of them have said is, place when Medicare does not cover the ternal mortality, which very closely why aren’t we allowed to buy into overhead of essential medical services. mirrors the data on infant mortality, Medicare on our dime? No government And I guess it wouldn’t shock too though that goes from the birth until 1 subsidy, just allow us to pay whatever many people to understand that we year of age, whereas maternal mor- the premium would be. And that’s a don’t have the data yet that actually tality would refer only to women who very interesting idea. I think, again, determines and allows us to know here die in childbirth. And there, again, our just trying to think outside of the box, in Congress what the overhead expense value is, in this country, with sup- and there’s not one silver bullet that’s is within a metropolitan statistical posedly the best health care in the going to solve all these things. There area. You know, I don’t want to have country in the world, our number, may be some ideas for us to consider. to pay in Green Bay or Appleton, Wis- again, is about twice, almost twice as And another idea is, a lot of small consin what they’re paying for medical high as it is in the other major indus- businesses, we know that we like the procedures in Florida or in New York trial partners of ours in this whole idea of small businesses pooling their City or in Los Angeles or other large world economic system. So that’s just 12 employees here and 16 employees metropolitan areas, certainly not one more—I did not bring that chart there, and 5 employees here, and 80 Washington, D.C., where my first ham- along, but that’s just one more of those there to get to the larger critical mass burger, fry and a Coke was $22.50. measures of the many kinds of meas- so they can spread the risk again. Bet- So the cost for health care has to be ures that you could look at. ter price, better service, spreading the brought down, I think, in large part by Mr. KAGEN. Would the gentleman risk. creating a real vibrant, open and trans- yield? Why not allow those small businesses parent medical marketplace. And, you Mr. OLVER. I would be happy to to buy into our State health care sys- know, I can go on my communication yield. tem or the Federal, you know, the em- device—I’m not going to mention the Mr. KAGEN. Some years ago I spon- ployees for the Federal Government, brand. I don’t want to promote a given sored for citizenship a Ph.D. in my re- again, on their dime. But we already product. I can go on the Web, the Inter- search laboratory. And when I was know, we did some pricing on this, and net, and search for the price of a car, about to enter the political discussion the cost is far below what the private the price of a book. How about the in 2005, I asked my Ph.D., Dr. Muthiah, insurance companies would charge price of my prescription drugs that I how did he look at our American them. might need, and map it out within the health care system, because he grew up So, you know, there are a lot of ideas area in which I live? in Sri Lanka and then graduated from out here. And I think what we really I want the pharmacies to openly dis- Southern India, Madras, and how did need to be doing right now is asking close the price and give every citizen he look at the American system? And Americans, and all of us, as Democrats the same lowest price that they accept he said, well, Boss, American health and Republicans in our Chamber here, as full payment for that product. I care is upside down because if you go ask Americans, what do you think is think it’s time that the hospitals to the hospital and you have insurance, the right thing? showed us their prices and then you get a discount. There’s only so much pie to go charged everybody the same. Wouldn’t around. We know we’re spending, as that be wonderful? b 2015 Mr. OLVER recommended through his Mr. OLVER. It really would. I must If you have no insurance at all, you charts, more than any other country in say, it’s daunting to be taking part in get the big bill.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4903 So, you see, what we have to do is tion wherein there is going to be a real highlight the fact that ultimately this prevent the cost shifting, and by pre- transparent medical marketplace to has to be a national solution. Why? Be- venting cost shifting we can bring allow a drug company to produce a cause the only way you ultimately get prices down. I think when we finally great medication, to openly disclose costs down is to use the leverage of the come to have an agreement that we that price. And if it’s $1 in Mexico City, Federal Government, ultimately, to should have a Federal standard. I hey, thanks. If it’s $1 in New York bring those costs to a reasonable level. mean, we have Federal standards in the City, Chicago, L.A., and everywhere Now, we certainly do have to put the United States for everything, making else in between, we need to allow them money into the Medicaid and the Medi- cars, we have OSHA, we have the envi- to compete in an open, transparent care system to make sure that we ronmental standards. We have stand- medical marketplace. aren’t shifting money off to the private ards for making clothing. But, first, we here in this Congress sector. But, so many of us are sup- But we don’t have a standard basic have to make a commitment, to make portive, as Mr. KLEIN mentioned, of insurance policy that guarantees that sure we get it right, to think it all the opening up the Medicare system or if you get sick you are going to be in way through, and above all else let’s opening up the Federal employees’ your house, not the poor house. We find out what the real overhead cost is, health system to more Americans be- don’t have a basic insurance policy because if Medicare doesn’t cover the cause we see that as a way to try to use that all the insurance companies, if overhead costs for something, it’s the purchasing power of the Federal they are going to be in business, should going to cause cost shifting or that Government to get costs down. be offered an opportunity to sell, to service or product is just going to dis- A poll that I referenced about Ameri- compete within the marketplace. appear. cans’ support for a major health care I will give you, just an example, and Mr. MURPHY of Connecticut. The reform bill also shows that 77 percent I am not too good with examples. A few stories are heart-breaking and, unfor- of Americans favor allowing the gov- years ago I wanted to buy a Chevrolet tunately, the longer you serve in this ernment to offer a plan that would give Impala. At the time it was the highest place or any other level of government, them an option to join a publicly spon- percent American made car. I went out the more that you hear. sored program or to keep their private shopping for the Impala. I had five It gets back to that statistic that I health care insurance. And, in fact, it dealers with the same car. Now, they started with, which is that some people pretty much cuts across all parties. We competed for me. have an impression that maybe folks said at the outset this has nothing to I didn’t get it for free. I got a skinny that don’t have insurance, people that do with Republicans and Democrats. deal. The dealer made money, the man- don’t have access to health care, well, Whether or not you have insurance has ufacturer made money, and there was it’s their fault. You know, they are liv- absolutely nothing to do with the an economy, a real marketplace, a ing off the dole, they are freeloaders, party that you registered with or competitive and transparent market- free riders. It’s not true. where you sit on the spectrum of our place. What consumers want in health Study after study shows you that 80 American belief system. This is a non- care is transparency. They want an op- percent, or somewhere in that neigh- ideological, nonpartisan problem. portunity to be able to afford the medi- borhood, of individuals who don’t have And so although the numbers vary a cations that they need so that they insurance are part of a family in which little bit, the support for a publicly don’t have to skip a meal or skip a pill, somebody or both parents are working sponsored option for individuals and or as you referred to some minutes ago, full time. They just happen to work for businesses to buy into, one that would cutting your medication in half. an employer that doesn’t offer insur- be one of the best and I think most There are a number of stories I could ance or that their insurance is kind of cost competitive options in the mar- tell you that would make you cry. 50 percent insurance. It gets you part ketplace, show that greater than 80 There is Jenny, who has two young of the way there, but not very far. percent of Democrats favor it, greater children who came to see me. They These are the folks that we are really than 50 percent of Republicans favor it were asthmatic. I made a wonderful di- talking about. or just under 50 percent of Republicans agnosis, I wrote the prescriptions for And I think that in this moment of favor it. But amongst Republicans, 33 her and her children. I said come back great economic crisis—a poll came out percent say they don’t have any opin- in a month, they will be back in school, the other day that showed that 70 per- ion, so you almost have a 2 to 1 support they will be fine. cent of Americans are fearful in the versus opposed ratio. So you have folks And she came back a month later, next few months that either they or of all parties and all persuasions sup- and I examined the children, and they their spouses will lose their jobs, that porting major reform. were not fine. They were still wheez- more people today are conscious of the Just one more point before I turn it ing. Being right to the point, I came fact that they are just one paycheck back over to you, Mr. KAGEN, is your down pretty hard on her. I said, you away from losing all their health care notion of having a level playing field know, the funny thing about these benefits. And should they get sick, as and having transparency is so impor- medications, they only work if you put they have watched their parents or tant, because there are a lot of people them in the kids’ mouths. And she lift- their relatives or their coworkers do, in this Chamber that support a single ed up her sack, which contained her that their life could be over as they payer Medicare-for-all system, you own personal property and also some know it. know, go to a European style system of diapers, unzipped it, held out the pre- As Representative KAGEN said, the health care. But this is the United scription. It was the same ones I had number one cause of bankruptcy in States of America. We have unique written. this Nation is medical bills, individuals needs. We are not Canada, we are not And she said, Dr. KAGEN, I took these who have had an illness, a cancer, an England, we are not France or Ger- prescriptions to the pharmacy, and I injury, that they could not have fore- many. could see the medications behind the seen or prevented. And it has fun- We are going to create our own uni- counter, but I couldn’t afford to put damentally changed their lives. They versal health care system here, in- them in my kids’ mouths. Now, what have lost their house, their car and formed by the unique needs and desires are you going to do to help me? I said, their livelihood. and expectations of our citizens. And I well, that’s it, I’m going to have to go That’s who we are really talking think most of us agree that that’s to Congress because I can’t go to the about here. Mr. KAGEN is right. Rep- going to maintain, maybe in not as State House to fix this. resentative KAGEN said you can’t do great a percentage of our system as it This is really a national crisis, one this one State at a time. is today, but it is going to maintain that can’t be solved State by State. We I am wholly supportive of States like our private health care insurance sys- can’t have these incubators of democ- Massachusetts. My home State of Con- tem. racy, as it has been referred to. We necticut is endeavoring to try to And the way to get to a system that can’t have one-State solutions like produce a system of universal coverage is fairer and more equal is to allow for Massachusetts or another State, or Or- today. I am very supportive of their ef- that health care insurance exchange, egon. We need to find a national solu- forts to do so. But their efforts should allow for a marketplace where, as you

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4904 CONGRESSIONAL RECORD — HOUSE April 28, 2009 said, everyone can go and compare back from serving his country overseas was offered to me, and I was quite sur- prices, can know when they are buying and goes and gets a job that pays a de- prised. They said, ‘‘Well, Congressman, that product that they aren’t going to cent wage but works for a struggling before you leave to go back to Wis- be ruled out just because they have a company that just can’t afford to con- consin, would you like to hear about preexisting condition, an issue that tinue to employ people and give them the benefits?’’ there is no greater leader in the Con- health care benefits. And I said, ‘‘Lady, are you kidding gress on than Mr. KAGEN, know that if And so he, returning from serving his me? What are you talking about?’’ And they work for a business that they are country abroad, putting his life on the she showed me a list of health care not going to cause that business to not line, comes back and gets a decent, benefits, of cafeteria plans I could be able to provide health care insur- hardworking, fair-paying job and has choose from. I had to go catch a plane. ance simply because they are the one no health care benefits. And then he I said, ‘‘Well, okay. What did you employee of six that has higher health looks to this House. He looks to the take?’’ care costs than everyone else, that we people that he sent to Congress who sit ‘‘Oh, I took the Cadillac plan,’’ she are going to have equal coverage, a here in this nice air-conditioned Cham- said, ‘‘$250 deductible. They have got to fairness in benefit levels and a trans- ber with pretty decent health care. take you because you are a government parency in price that will give, I think, And he wonders to himself, I fought employee.’’ a level of surety to people as they buy for this country, I came back and got a I said, ‘‘Well, I’ll tell you what. As that insurance product that they are job, did everything that I was supposed soon as you can make that same offer going to be covered and that they are to. And the people that I send to Wash- to everybody else that I have the honor going to get the best deal. ington, D.C. get a pretty good health of representing, I will be happy to Right now if you are an American care plan, and what am I left with. make my choice.’’ health care consumer, you don’t know I think that whatever we do, what- either. You don’t know whether you ever Federal regulatory scheme that b 2030 bought the cheapest product, because we come up with for health care insur- I agree with you that we have to have there is no one place to go. There is no ance, it should at least guarantee that choices, but they’ve got to be openly one aisle in the supermarket where you everybody out there gets to have disclosed, and we need to get a basic in- go and compare prices. You also don’t health care like we do. That if you are surance policy that really says, if know whether you are going to keep going to elect men and women to go to you’re a citizen, you’re in. that insurance. Congress who are going to enjoy the Now, one of the things that I am Because even if you got in as the bell benefits of the Federal employee really pleased about with this Presi- rung, there is a thing that happens now health care plan, that every American dent is that President Barack Obama called post-claims underwriting where out there should have access to that, gets it. He doesn’t just get it in his even after you get sick, a lot of insur- certainly those that come back from mind. He gets it in his heart. He actu- ance companies will try to kick you off duty overseas and are playing by all ally feels what we feel and what my pa- your health care, claiming that you the rules we ask them to when they re- tients feel, and he has taken the single, should have known that you were turn. most essential element in health care going to get sick when you signed up in Mr. KAGEN. Well, be careful there, as his number 1 element, and that is no the first place. So I am very excited because you may just get what you discrimination due to preexisting con- about this idea of the health care in- want. There is nothing to say really ditions. When we frame health care surance exchange and glad, Mr. KAGEN, that the health care that you have is around our civil rights, we’re not say- that you have been leading on it. the best available. ing you have a constitutional right to Mr. KAGEN. The consumers of Amer- I will bet you don’t understand com- this or that service. We’re saying that pletely what you have got for insur- ica need to be able to compare apples you shall not suffer from discrimina- ance, because it’s so hard to read and to apples. And really the only way to tion, like we passed last year, based on interpret that policy. We have got an get that done is to come up with at your genetic potential. You will not idea here that’s kind of a good idea, least a basic Federal standard, an in- suffer from discrimination at the phar- but like many things here in Congress, surance policy, one that will cover the macy because you have less money in if it makes sense, it just may not hap- basics and keep you in your house if your pocket than somebody who is get- you get sick, one that every insurance pen. So what we really have to do is just ting a discount and not you. company has to offer to every willing You mentioned our veterans who purchaser, every citizen and legal resi- clear away all the clutter and ask some very basic questions: Do you want to served not for themselves but for their dent within a metropolitan area where country. Isn’t it appropriate that when we can create the largest risk pool pos- have an opportunity to go to the phar- macy and pay the lowest price avail- a veteran comes home that his wife and sible to leverage down prices for every- his family get the same discount on one. able for that prescription? I think you that medication that they might need? Here I have someone in rural Amer- do. What about their neighbors? What ica. This is really a telling story. She Is there any reason why someone is from Waupaca, Wisconsin, and, should be discriminated against? Now, about their whole community? What quote, ‘‘no health insurance for 4 years, let’s say there is five of us standing in about their entire country? Isn’t it ap- one son in the Army on active duty, line to get the prescription, 30 pills of propriate, if the pharmaceutical com- my son shipping out. He is guarding drug X at a pharmacy. pany is making a profit at the VA our home, but we are not taking care Why should we pay five different price, that we all benefit from his serv- of our families here at home. We are prices? Why shouldn’t they just put the ice or her service at that leveraged taking care of people overseas. sign up on the wall and say here is down discounted price? We have to ‘‘We know numerous people over 50 what it is. Put it on the Internet, here begin to use the leverage of the mar- who have lost their jobs so companies is what it is. And let’s get some com- ketplace. can cut health care and payroll costs petitive forces to leverage down these I’ll finish up with my comments by and then can’t find any other work and prices. saying that we have witnessed in the no longer have health insurance.’’ When insurance companies have to last year the collapse of the housing Now this is being multiplied all compete in an open marketplace, we bubble. That repercussion, that ripple across the country as this recession are going to leverage down that price, effect in the economy, has just taken rolls across not just the United States my best guess is about 22 percent be- down many millions of jobs. It has but across other nations as well. We fore they really begin to compete for taken away businesses left and right, have to establish a basic insurance pol- the customer, just like the auto dealers and it continues to do so. icy so we can begin to have an open competed for my precious dollars for I believe we’re also looking at an- and transparent and very competitive that Chevrolet Impala. So I look for- other bubble, and that bubble is in the marketplace for insurance process. ward to a competitive marketplace. price of health care. It’s simply out of Mr. MURPHY of Connecticut. Let’s As you know, I chose not to select reach for ordinary families, averaging think about that soldier that comes health insurance when I got here. It $1,200 to $1,400 a month for insurance

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4905 premiums, and it guarantees only one I yield back the balance of our time, spent some time with a gavel in my thing: that, every month, the insur- Mr. Speaker. hand, Mr. Speaker. The job of the ance company is going to take your f chairman is to bring out the will of the money and that you’ll have to fight group. It’s not to impose the Chair’s LOCAL LAW ENFORCEMENT HATE like hell to get it back. Having insur- will on the group. To bring out the will CRIMES PREVENTION ACT OF 2009 ance today doesn’t guarantee that of the group is the constitutional act of you’re going to get the services that The SPEAKER pro tempore. Under justice that should come from the hand you need. That’s how Chairman OLVER the Speaker’s announced policy of Jan- that holds the gavel. was able to show us all the data. uary 6, 2009, the gentleman from Iowa What happened instead—and perhaps, We are spending a lot of money for (Mr. KING) is recognized for 60 minutes just perhaps, the hate crimes legisla- health care. We are not getting the as the designee of the minority leader. tion flowed out of the Judiciary Com- value. So I think it’s time to begin to Mr. KING of Iowa. Thank you, Mr. mittee reflecting the will of the Judici- ask the question if we shouldn’t begin Speaker. I very much appreciate the ary Committee, but when it is filtered to change the process of how we’re honor of addressing you here tonight through the Rules Committee—the going to reward the delivery of health on the floor of the House of Represent- Rules Committee that sits in judgment care, to change the process and reward atives. upon whether there will be amend- value, not just per head or per prescrip- There is an issue that comes to mind ments that are allowed to be offered tion. We have to begin to reward value for me immediately. It is the reason here on the floor of the House of Rep- and prevention. Look, you are exactly that I have asked for some time to- resentatives or whether there will not what you eat. night here in this Special Order in this and which of those amendments might As my father says, ‘‘Steve, boy, pol- hour of privilege that we have. It is a be offered—the Rules Committee has a lution begins at your lips. If you don’t disturbing factor that I have experi- profound responsibility to weigh the put it in, it won’t stay on you.’’ enced, along with a number of others, proposals and to make a determination ‘‘Well, okay. I’m doing my best to through a markup in the Judiciary that this House can work in an expedi- lose weight, Dad,’’ but the reality is we Committee last week, and that is this tious fashion but can still reflect the can do this by working together. dramatic departure from the rule of will of the United States House of Rep- It will take Democrats, Republicans, law, the dramatic departure from the resentatives. Libertarians, and Independents. The Constitution, the dramatic departure That will has been frustrated, Mr. American people don’t want any more from the understanding that criminal Speaker, because the Rules Committee, argument about this. They want us to law in America would be focused on I’m told, has ruled there will be no come up with a solution that works for overt acts, not on the thoughts that we amendments on this hate crimes legis- their budgets, that works in their might divine would be within the heads lation, that it will come to the floor homes and that works within a frame- of the perpetrators. under a closed rule with no amend- work that guarantees that, if you’re a I’m speaking specifically, Mr. Speak- ments allowed, only the amendments citizen, you’re in. If it’s in your body, er, about the hate crimes legislation that were offered in the Judiciary Com- it should be covered. that has been pushed through the Judi- I am more confident tonight than mittee and by no other Member of Con- ciary Committee and that will arrive ever before that, this year, we’re going gress. All of those who do not sit on the here on the floor of the House of Rep- to achieve that goal of guaranteeing Judiciary Committee will have an op- resentatives tomorrow. access to affordable health care for ev- portunity to try to perfect this legisla- By the rule, the rules process that eryone who is legally here. tion that they call the hate crimes leg- Mr. MURPHY of Connecticut. Thank has taken place, there were a whole se- islation but that I call, Mr. Speaker, ries of amendments that were offered you, Mr. KAGEN. the thought crimes legislation. We have sort of run the gamut this in the Judiciary Committee. Those who That’s at the core of our discussion evening of the problems that underlie watched the committee will know that here this evening, and I’ll submit that the existing system—the lack of trans- the Judiciary Committee in the United the will of this group, that the will of parency in insurance markets, the dis- States House of Representatives is the the United States House of Representa- criminatory practices of insurance most polarized committee on the Hill. tives, is directly frustrated by the ac- companies, the lack of cohesion in It’s the committee that goes out and tions that, I believe, are directed from prices when you walk into a pharmacy recruits, I’ll say, the most hardcore, the Speaker’s office, by the actions of or into a hospital, the amount of left-wing people in this Congress to ad- the Chair of the Rules Committee and money that it puts on top of businesses vocate for the most hardcore, left- by the actions of the majority mem- that are already struggling to compete wing—and I’ll say—sometimes uncon- bers on the Rules Committee who have in this world. stitutional, often illogical proposals decided to shut down the amendments When you talk about health care, it that might come before this Congress process and ram through a piece of leg- may be the most complex topic that we to be rammed through the Judiciary islation tomorrow with only 30 minutes ever talk about here. It seems insur- Committee but not without a legiti- allowed for all of the Members of the mountable sometimes. It seems like mate markup. I will concede that point United States House of Representatives there’s too much to try to take on at to the chairman, Mr. CONYERS. to voice their objections here on the one moment, but there are simple solu- Many of us offered amendments, but floor of the House of Representatives. tions here, as you said: Pay for per- there was a determination to vote There will be no amendments al- formance instead of pay for volume. down, to shoot down and to defeat lowed, just a voice where there will be Pay for prevention rather than crisis every constructive amendment that more than 30 people lined up who will care. Give people options that they can was offered before the Judiciary Com- have less than a minute to add their see and understand. mittee on this so-called ‘‘hate crimes words to this, and where there will be I think that there are some solutions legislation,’’ Mr. Speaker. no chance to sway the opinion of this here that can cross party lines, as you On Thursday, after a full day body, the opinion of this body that is said, Mr. KAGEN. I think that we can Wednesday and a most-of-the-day locked in on an idea that we’re going achieve a real victory in health care Thursday markup and after that legis- to have hate crimes legislation in for America, in health care for Amer- lation on the so-called ‘‘hate crimes’’ America that punishes the thoughts of ica this year, this session, that guaran- passed the House Judiciary Committee, people who may or may not be perpe- tees that for citizens of the most afflu- it went to the Rules Committee, which trating crimes against folks because of ent and the most powerful country in met today, Mr. Speaker. The Rules their particular, special protected sta- the world. Just because you can’t af- Committee’s job is to also enhance tus that would be created under this ford to see a doctor doesn’t mean something that is the responsibility of hate crimes legislation. you’re not going to get sick. I hope we every chairman on this Hill, that is the I, Mr. Speaker, oppose, and I defy the get the chance to do this more often responsibility of you, Mr. Speaker, and logic of the people who would advocate and to bring our colleagues to the real- that is the responsibility of all of those for such legislation and the very idea ization that the time for reform is now. who have gavels in their hands. I’ve that we could divine what goes on in

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4906 CONGRESSIONAL RECORD — HOUSE April 28, 2009 the heads of people when they commit So, for the first time, if this legisla- than there were 10 years ago. Another crimes. tion should become law, the Federal problem is the States, every one, have I will argue that the history of crimi- Government will be punishing and will laws to deal with crimes against a per- nal law in Western civilization has al- be acting upon legislation that pre- son. That is a State obligation, and ways been about the overt act, not sumes to be able to know what’s in the every State has their own. And it’s about the covert act; about the overt mind of the perpetrator and what’s in governed by the State law. And most act, not about the thought, not about the mind of the victim. It will match States have a hate crime law. what goes on in the head of the perpe- those two things together and will de- This is the Federal Government, the trator and certainly not what goes on termine if a crime were committed Big Brother that Orwell talked about, in the head of the victim. We recognize and, if so, how to enhance the penalty. coming into the thoughts of every indi- and have for millennia that the value This is a bizarre thing, Mr. Speaker. vidual. of the victim is intrinsic in that each This takes me back to the book Now we’ve been told that this bill human life has a unique value, a ‘‘1984’’ by George Orwell, written in will protect constitutional speech. It unique value that is priceless and sa- 1949, where George Orwell wrote—and I will protect religious speech. But that cred. Whether it’s a baby who was just will summarize this because I don’t ex- breaks down when they have to admit conceived a moment ago or whether actly have the quote in front of me: that, well, of course, if it’s religious or it’s someone in the last days or hours We don’t care about the overt act. We constitutionally protected speech that of his life, we all measure that life don’t care about any overt act. What is relevant to the underlying offense, equally. we care about is the thought, because, then, of course, it is not protected. In fact, former Governor of Pennsyl- if you can control the thought, you can Well, you can’t take this new law in vania Robert Casey said human life control the overt act. a vacuum because 18 U.S.C. 2(a) still cannot be measured. It is the measure, So why would we care about the act, exists, and it will exist if this becomes itself, against which all other things itself, when we could control the law. Some people who are not lawyers are weighed. thought? By the way, we’re not going talk about it referring to accessories, Yet this hate crimes legislation to be satisfied if you just simply agree but it is not. In legal circles, it’s called would weigh it differently. It would with us. You must do so willingly. We the law of principals. And under Fed- weigh the life or the health or the must bring your mind around to the eral law, 18 U.S.C. 2(a), if you aid or en- physical well-being of an individual point where you’re eager to agree with courage, counsel—and here’s a big who fit within this special protected us. When that point comes, there will verb—or induce someone to commit a status—the status that might be be no more overt acts that we disagree crime, then it is as if you are the one wrapped up in their sexual orientation, with, and therefore, we will have con- who committed a crime. It’s called the their gender identity or their gender, trolled the mind, and by controlling law of principals. You induce someone itself—of having a special status if it else to commit a crime, you might as happens to fit the list of proclivities the mind, we’ve controlled the actions, themselves. well have pulled the trigger or done it that they believe should be protected yourself. status. b 2045 So with that law existing and not Now, when you start valuing one per- This is a bald-faced effort to enforce going away when we pass the hate son’s well-being, one person’s life dif- public affirmation for behaviors that crimes bill, if heaven forbid it gets ferently than that of another, we have have been considered to be historically passed, then how do you go about in- deviated dramatically from the essence aberrant behaviors by the American ducing someone to commit a hate of criminal law and have started our- Psychological Association, Mr. Speak- crime? Well, you’d probably have to selves down a path by which we’re eval- er. There is a long list of them. The list tell them that an activity is wrong. uating not as the proponents of the that I have is 547 of them long. As near There are preachers, rabbis, imams bill—and I will say there is the gentle- as I can determine, they’re all spe- across this United States of America lady from Madison, Wisconsin, whom I cially protected activities or thought all this week who will be telling people specifically asked: processes that are protected under this Is this a crime committed, and is it that there are certain types of sexual evaluated by what’s in the head of the hate crimes legislation, Mr. Speaker. immorality that the Bible, the Tenach, We tried mightily to amend the bill perpetrator or by what’s in the head of the Koran, say are wrong. Well, if the victim? I think I might have mis- and to try to bring some sense to this you’re telling people that an activity is understood her, but they corrected me idea that whatever the proclivity, it wrong and it hurts the moral fabric of clearly, and they said: Well, it’s what’s was going to be protected by a Federal the country and it undermines our in the head of the perpetrator. hate crimes law. We can’t cross that moral authority in this Nation—and All right. So, if we’re going to pre- line, Mr. Speaker. We’ve got to main- perhaps you even quote from the Bible sume that a crime could be committed tain criminal penalties for the overt or the Torah or the Koran where it and if we’re going to enhance the pen- act, not for the thought, because we talks about Sodom being destroyed be- alty, maybe, 10 years or maybe as can’t know what goes on in the mind of cause of the activity of those, that it much as life in prison for kidnapping, the perpetrator, and we can’t know got so bad that the people residing for example, because we’re going to what goes on in the mind of the victim. there even wanted to have sexual rela- judge what goes on in the mind of the Mr. Speaker, that opens this subject tions with two male angels that were perpetrator at the time he committed matter up, and I recognize that there sent, well, that, in both the Bible and the crime and what provided him the are some very effective Members of the the Torah, Tenach—where this is dis- incentive for committing that crime, House of Representatives that would cussed—in the Koran, the same story is then we’re evaluating here by law what like to address this subject matter. discussed in the Koran, you explain to goes on in the head of the perpetrator. And no matter how focused they may people that God got so upset about this But, Mr. Speaker, there’s another be on preparing themselves, I would be he destroyed Sodom and Gomorrah. component of this. This is what goes on so happy to recognize the gentleman Even today, you cannot find remnants in the head of the victim as well, be- from Texas who is my good friend, Mr. of Sodom and Gomorrah. And you tell cause the special protected status rests GOHMERT, for as much time as he may people that God feels so strongly about upon not physical characteristics, not consume. this that he’s destroyed a city and you immutable characteristics—those char- Mr. GOHMERT. I thank my friend can’t even find any remnants of the acteristics that can be independently from Iowa. You have pointed out some people or the cities. verified and that cannot be willfully real problems and real issues with this And someone goes out—even though changed. No, Mr. Speaker. These char- hate crimes bill. you have never encouraged violence— acteristics are those mutable charac- We are constantly being told there is commits a violent act and says, Well, teristics, those that reflect not just the an epidemic of hate crimes in America. my preacher, my rabbi, my imam told physicality of the victim but the atti- You look at the statistics, and there me that this was wrong and it caused tude and what goes on in the head of are actually fewer crimes now attrib- the destruction of a city and that real- the victim. uted to any type of bias and prejudice ly is what induced me to do this, you

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4907 don’t think the preacher, the rabbi or You know, there are those of us who running. Under that scenario, if this the imam would be arrested for induc- believe the biblical teaching about ho- became law, the flasher committed a ing that crime? Of course. mosexuality being inappropriate, but misdemeanor and the woman that hit You can go even further. I can hear a I’ve sentenced people for harming a ho- him with a purse—because he’s ori- prosecutor with a bent towards this mosexual because they deserve to be ented sexually towards exhibitionism— kind of hate crime stuff going forward protected under the law. It doesn’t is now a Federal felon looking at 10 and saying, You know, we heard this matter who you are, it doesn’t matter years in prison. That is insane. This preacher talking about homosexuality who you sleep with, you deserve to be makes no sense. being wrong. That preacher should protected, and we do our country a b 2100 know that there are crimes of violence great injustice when we begin to say One other thing, though, as a judge being carried out against homosexuals these deserve more protection than dealing with different types of defend- around the country that have gone these over here. on—even though they are lower in But when we discuss sexual orienta- ants, hearing all kinds of psychiatric number than they were 10 years ago— tion—we brought that up in com- testimony, psychological testimony, they should know that and therefore mittee, and we were told, Well, it and just dealing with different defend- ants on thousands of cases, what since they are saying it’s wrong, that doesn’t need a definition. For one struck me in what I heard was that stirs up all kinds of hard feelings. He thing, it’s defined in another law in the people that are the hardest to rehabili- should know he’s inducing people to Hate Crimes Statistical Act. Well, it tate are those who are antisocial per- create crimes of violence. Therefore, was defined in that law as only includ- sonalities under the DSM–IV. They are we’ve got to stop him. He’s attempting ing heterosexuality and homosex- harder to rehabilitate than people who to induce a Federal hate crime. uality. We said, All right. If you think act out of a bias or prejudice. And yet This is serious stuff, because that’s it’s confined to that, why don’t you put this bill says we are going after the where you go. And the prosecutor could that definition in here? people who are probably the most easy then say, ‘‘Look. Yes, we arrested the ‘‘No, we don’t need to do that.’’ Well, to rehabilitate and make them suffer preacher; yes, we booked him into jail, you do. more, if that’s possible—you can’t and yes, it is a question of intent. Did I have been an appellate judge. You make anybody suffer more than the he intend to induce the crime? Well, I want to review what a definition of any death penalty—but we are going to am going to leave that question for a word or phrase means in a bill? First, make them suffer more than someone jury to decide.’’ You can hear that said you look to see if it’s defined, and if who commits a crime out of bias or by many prosecutors around the coun- it’s not defined, is there any direction prejudice. It makes no sense. try on other issues: ‘‘Look, I am not to other laws within that bill that tells Antisocial personalities, they know God. We will allow a jury to decide this you, for the purpose of this law, what the difference between right and question of fact on whether or not he the definition is. They didn’t want to wrong, they could control their con- intended to induce the crime.’’ do that. They didn’t want to refer to duct, but they choose to do wrong. So getting back to basics, though, the Hate Crime Statistical Act. Many antisocial personalities like to there is no epidemic. And as my friend And yet here on page two of the bill, hurt people. This bill, the way it is from Iowa knows, in discussion, in de- we’ve got other definitions. Crime of drafted and the way we are going to bate in the committee and outside the violence has the meaning given that vote on it tomorrow—because we were committee, we’ve said, ‘‘Now, what are term in section 16, title 18, U.S. Code. not allowed one single amendment to the cases that justify the Federal Hate crime has the meaning given such come to the floor—creates the scenario intervention into this State law area?’’ term in 28003(a) of the Violent Crime where someone could be arrested for a We’re told what about James Byrd, Control and Law Enforcement Act. hate crime in this bill, brought to Fed- that horrible case down in Jasper Over here—I believe it’s page 12—it eral court, have a jury selected, put in where this poor African American was talks about another definition of explo- the box, the trial go forward, and the drug to death by white guys, three of sive or incendiary device has the mean- defendant convince the jury that he them. Two were most culpable. That ing given such term in section 232 of committed the act of violence causing justifies a Federal hate crime? No, it this title. Firearm has the meaning bodily injury to the defendant ran- doesn’t. Those two guys that were most given such term in 921(a) of this title. domly—he didn’t care who he hurt, he culpable got the death penalty. This Why wouldn’t you define sexual ori- was gonna hurt somebody. And if he is bill doesn’t even offer the death pen- entation? You should. Because the Di- successful in raising a reasonable doubt alty as a penalty. This bill wouldn’t af- agnostic and Statistical Manual IV that he committed the crime randomly fect that case. The other guy got life in tells us the names of different condi- and he had no bias or prejudice, he just prison. This bill wouldn’t affect that tions. It talks about all the types of wanted to hurt somebody, under this case at all. sexual orientation people have. There bill that we vote on tomorrow, he is ac- Some have mentioned the terrible are all kinds of sexual orientations. quitted. That is insane. That is insane. case regarding Nicholas West. From ac- Some are weird. Some are sick. Some We are going to let the random, counts, he was a sweet young man. He will get you put in prison. But if you senseless killer, abuser, brutalizer go was picked as a victim because he was don’t define it, they’re included. free under this bill? We need to pass homosexual. Brutalized, kidnapped, My friend from Iowa here, Mr. Speak- laws that make sense. We need to pass killed. That was in my home county. er, made an amendment trying to ex- laws that say every life in America is The perpetrators have already been clude pedophiles from the protection of important. But this doesn’t do that. sentenced to death and the death sen- sexual orientation here because these What saddens me greatly is that the tence has been carried out. This case people are oriented sexually towards bottom line of this hate crimes bill is— would not be affected. children. That was voted down. Voted this is the message that goes out from Now, everyone in America deserves down. You know, you want to give this hate crimes bill we will vote on to- protection of the law. We get in trouble pedophiles the protection, this extra morrow—if you are going to hurt me, when we begin to carve out little spe- protection you’re not willing to give a shoot me, brutalize me, please don’t cial groups here and there that deserve pregnant women or a child or a mother hate me; make it a random senseless more protection than someone else. or military? This is incredible. But act of violence. That is what this says. You think a pregnant mother does not that’s what they did. And that is why this should not become deserve the protection of a homo- It creates the scenario, too, of other law. sexual? You think a military member types of sexual orientation. Some are I thank my friend from Iowa and doesn’t deserve the protection of a oriented toward exhibitionism. Some yield back. transvestite? You think that a par- are oriented sexually toward voyeur- Mr. KING of Iowa. Reclaiming my ticular child wouldn’t deserve the pro- ism. This bill sets up the incredible time, and I very much thank the gen- tection of a transvestite, a transgender scenario where a woman could see a tleman from east Texas for his clarity person? Why are we carving this out? man flash her and she is astounded, with his understanding of this legisla- They are protected under the law. hits him with her purse, and takes off tion.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4908 CONGRESSIONAL RECORD — HOUSE April 28, 2009 I would like to point out, Mr. Speak- Iowa, as he is known in the main- versus if the person who was in the car, er, that I have sat with our committee stream media, so grateful for your ad- who is gay, who hits the person in the staff, sat with my own staff. I have vocacy, and also for that of Judge crosswalk, who is straight, does that gone through this language. I have GOHMERT. And Judge GOHMERT, I trust mean that the straight person in the looked for a way that there is a con- that you’re a hanging judge down in crosswalk doesn’t have a cause of ac- sistent index between the definition the State of Texas. tion against the person who is gay who that is in this legislation and under- I just wanted to have a chance to is driving that car? It raises the ques- standing what it does. It doesn’t exist. speak just for a few moments on this tion of whose life is valuable and whose It is ambiguous. It is ambiguous, and it hate crimes legislation. It truly is mo- isn’t. That is the question that Mr. runs, actually, in contradiction to the mentous, this rule that we will take up GOHMERT raised earlier. existing statute that it references that tomorrow. Who will the government prefer? And the gentleman from Texas spoke to; First of all, I just want to say, from who decides who gets protected? Are one of them is a crime of violence defi- my perspective, this appears to me eas- we protecting people on the basis of nition, and the other one is a hate ily to fit the definition of an unjust their behavioral actions; if they choose crime definition. law. Why do I say that? Because this to have certain actions that are sexual But also, the definition that is in the will bring to Americans more loss of in a certain manner, they get protected bill for gender identity, when I asked freedom, more loss of rights than we when others don’t? Who decides who the question what is gender identity, have seen leave in this first 100 days gets to be the good guy in this situa- and the answer that I received back in here in Congress because it goes to the tion? Who gets to decide who is the bad committee from the gentlelady from very heart of the Bill of Rights. When guy in this situation? Madison, Wisconsin, was ‘‘it is defined the Founders passed the Constitution, And I would ask this question, is it a in the bill.’’ Don’t you know? Well, it is they would only pass it on one condi- moving target? If we give government this level of authority, then easily we defined in the bill. Gender identity tion, and that is that the Bill of Rights can see that down the road government means ‘‘actual or perceived gender-re- would be passed next. could amend this hate crimes law to lated characteristics.’’ This is the very first amendment— I am this Midwestern guy. We have a what many consider the most impor- say that now a new behavior will be number of different kinds of fence tant amendment—our First Amend- protected. One thing that was mentioned by Mr. posts; some of them are hedge posts, ment right. And contained in that GOHMERT earlier, that was brought up some are cedar posts, some are pine, First Amendment right is the freedom by Mr. KING, that apparently people creosote, pressure-treated. Some are of speech and expression of religious af- who are practicing pedophiles would be filiation. And this goes to the heart of steel, T-posts, round posts. You name considered protected under this legisla- taking away American’s right to them, we’ve got them. We’ve got elec- tion, but not, I understand, veterans, speech and expression and sincerely tric fence posts as well. We have a not, I understand, pregnant women, held religious beliefs. whole different bunch of varieties. not, I understand, 85-year-old grand- Now, if I would define a fence post as I feel that this hate crimes legisla- mothers would be protected under this ‘‘actual or perceived characteristics of tion in some ways could be considered law. But who would be protected? A the very definition of tyranny because a fence post,’’ you get the idea what pedophile, someone who considers it gives government literally the key the definition of gender identity is themselves gay, someone who considers over deciding what the thoughts of when it is the actual or perceived gen- themselves transgender, someone who Americans should be. And it says that der-related characteristics. It is no def- considers themselves a cross-dresser? Americans could only hold certain inition at all. And this definition will That is who is protected. be defined by lawyers and judges, some opinions and not others, and they can And yet, think of the impossibility activists, some that want to adhere to only express certain opinions and not that we are tasking government with. the law. None, if this legislation is others. Otherwise, it would be seen as a We are asking government to peer into passed, would be able to go back and criminal act. the mind of the individual who per- track the definitions in this legislation And I think back over this last cen- petrated the crime. Government some- and determine the intent of Congress, tury of world history, and I think of how is so wise, so all knowing that now except to offer ambiguities that can be nations where they called certain ex- government can peer into the mind of used at any extent. pressions of speech not only hateful, the individual and can somehow dis- And what a couple of the other ambi- but criminal. And that is what this bill cern if the individual in fact hated the guities are; crime of violence means does, it regulates speech. Government person based upon, potentially, what the threatened use of physical force regulates speech. And it just seems their sexuality is versus the sexuality against the person or property of an- that it is one more chink resulting in of the person who the crime was being other. But the bill doesn’t say prop- the loss of American freedom. perpetrated against. Won’t that be a erty, it says the person. But the defini- This bill, if it passes tomorrow, will moving target? Depending on what the tion in the bill says person or property. have to be considered then a part of new behavior of the day—the behavior A hate crime means a crime in which President Obama’s 100-day legacy. And du jour, so to speak—that government the defendant intentionally selects a on his watch, if he chooses to sign this approves or won’t approve? victim, or in the case of a property bill—and from all indications it ap- Again, I think this is the very defini- crime, the property is the object of the pears he will—this will lay the founda- tion of tyranny because government’s crime, but the bill doesn’t say prop- tion to further deny Americans First arbitrary decision will mean that more erty, it says a person that possesses Amendment rights. Americans will lose their First Amend- these special protected characteris- I think it also, we could say, denies ment freedom of speech and expression. tics—which makes them sacred cows in equal protection under the law. If you And this is something, again, that Mr. this society. And, Mr. Speaker, I, per- have an individual going through a GOHMERT had alluded to earlier. And haps, will expand that thought of sa- crosswalk and a person is in their car that is when we can look, when this cred cows, but I am much more inter- and they hit that person in the cross- hate crime legislation has been put ested in hearing from the gentlelady walk, it is up to the person who is hit into place across the world, whether it from Minnesota, who has arrived on to file the charge if it was a hate crime is in Sweden, whether it is in Canada, the floor tonight to fill us in on her or not. So if the person is gay, and that whether it is in other nations, we can view of the hate crimes legislation. is the status that is being protected, see what other nations have done with I would be so happy to yield as much and the person driving the car is this type of legislation and what it has time as may be consumed by the gen- straight, would it be a hate crime if the led to, the loss of freedom for individ- tlelady from Minnesota (Mrs. person driving the car who is straight uals, citizens within those countries, BACHMANN). hit the person who is gay in the cross- and the citizens whose speech were pro- Mrs. BACHMANN. I want to thank so walk? So does it say, then, that that tected. much my colleague, STEVE KING from life that was hit in the crosswalk is Then I look at the specter of our own Iowa—the ‘‘stunning’’ STEVE KING of more valuable because it was a gay life Supreme Court. One of our Justices,

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4909 Ruth Bader Ginsburg, said, again, we tainly they would not elevate to a cer- in my opinion. But this bill elevates need to have more Supreme Court Jus- tain level an extra measure of protec- some victims and downgrades others. tices in our country look at inter- tion for expression of that speech. And this is every bit as unconstitu- national laws and the laws of other I thank the gentleman, I thank Mr. tional as even a poll tax might be for countries when we define our own. GOHMERT, and I thank the colleagues this Nation. Well, our judges could look at Sweden, who are coming behind me because And, third, this bill opens the door to they could look at Spain, they could there is something that we should be the regulation of speech. And this real- look at Canada. And they could see fighting for. It’s fighting for the idea ly bothers me. One of our very basic that pastors and priests who spoke out that we are a Nation that is founded foundations of our Nation, one of our and who just gave sermons behind their under God and that we have our rights very basic ideals of our Nation that we pulpit that promoted what the Bible emanating from a God who gave us hold so dear is the freedom of speech, says about sexuality—and homosex- unalienable rights, and we are losing liberty and justice for all. I have to say uality in particular—that was con- that right tomorrow on this floor if I do find hate speech very abhorrent. It strued as a hate crime in Sweden, con- this comes through. is childish. It is hurtful. It is wrong. strued as a hate crime in Canada, in Mr. KING of Iowa. I thank the gen- But yet this piece of legislation, when Britain, in Spain. And if that is the tlewoman from Minnesota very much you make hate speech a special pre- case, we will not allow pastors to even for coming here to the floor and, Mr. cursor to a criminal act, you’re only have freedom of speech and expression. Speaker, for inspiring the families one step away from making speech As a matter of fact, we saw in Britain across America to understand what’s itself an offense. And then who decides where there was a collision course in going on here in the United States Con- what comment will qualify for the hate the EU Constitution between freedom gress. speech? of speech and expression and between This is a powerful thing that is hap- When you look at some other coun- exercising religious rights. When that pening, and it undermines the prin- tries like Canada and Great Britain clashed and came into contact with the ciples of law that have held together who started out with hate crime laws hate crimes portion of the law inter- for thousands of years in this modern like this and then they added hate nationally, which provision prevailed? era of special protected status for peo- speech as a separate offense and then They were both contained in the Con- ple based upon their self-alleged behav- what we find in those countries is now stitution, hate crimes and religious lib- ior and what goes on in their minds. that Columnists in those countries erties, hate crimes versus freedom of This is a breathtaking thing that may must avoid certain subjects. Col- speech and expression. On every occa- take place here tomorrow, and I clearly umnists must worry whether a carica- ture may become a crime. sion, the law that prevailed was the oppose it, Mr. Speaker. And even more troubling is perhaps hate crimes provision. In every case, But in the interest of time, I’d be the way this legislation like this also the provision that lost was the provi- very happy to yield to the favorite daughter of Oklahoma, the gentle- threatens religion and freedom of reli- sion that so-called protected a person’s gion. Should a Christian minister or a woman (Ms. FALLIN). right of religious belief and expression. rabbi or an imam have to worry about Do we think we will fair any dif- Ms. FALLIN. Thank you to the gen- tleman from Iowa. I appreciate your what their message is maybe if it deals ferently here in the United States? I with something like sexuality and that don’t think so. hosting this hour tonight for us to dis- cuss a very important issue to our Na- might be considered to be hate speech? I think the collision course that we If so, that would be an unprecedented are on this evening, Mr. Speaker, is one tion and a very important issue to this Congress and this body. And I appre- violation of the first amendment rights that probably should frighten Ameri- and a direct below to the religious lib- cans almost more than any other. And ciate the words that have been spoken so eloquently by my colleagues here to- erty in this country. I say it because there is probably noth- This legislation may be well inten- night. ing more sacred in our Constitution tioned, but it also puts this country on Mr. Speaker, I want to address a cou- than that very First Amendment that a very dangerous path. And more im- ple of things in this piece of legislation protects my conscience. And even if my portantly, the Constitution, as well as that should give us pause as we look at beliefs or your beliefs or the beliefs of a sense of very basic fairness, prohibits the intent of this legislation, this bill. people that are listening to us have the elevation of one class of citizens First of all, it would federalize a this debate this evening are antithet- above another. ical to what all of us believe here this number of crimes that have tradition- All victims deserve justice. All vic- evening—someone might hold some ally been left to the States. Assault is tims deserve equal justice, and it very hateful beliefs, but we are Amer- a local crime. So is homicide. But should be equally rendered. But this ica, shouldn’t they be allowed to hold under this bill, the Department of Jus- bill is the wrong answer, and I want to those beliefs? Shouldn’t they be al- tice would be allowed and encouraged urge my colleagues to reject this legis- lowed to believe, in this country, to jump into these cases when they lation. things that are contrary to what gov- met certain criteria as a hate crime. To the gentleman of Iowa, I appre- ernment believes? But that is not going The Federal Government does not have ciate you, once again, for allowing us to be allowed anymore. And people’s unlimited resources or even manpower; the time to discuss a very important sincerely held religious beliefs can now so do we really want the prosecutors, issue with our Nation and to express be considered contrary to public policy. who should be dealing with things like our opinions. And we can see for the first time in our terrorists or mobsters, dealing with Mr. KING of Iowa. I so much thank Nation that people would be disallowed and debating what a street corner thug the gentlewoman from Oklahoma for from having their sincerely held reli- may or may not have said or may or coming to the floor to raise the issue gious beliefs. may not have thought when it comes that is so important as this House pre- I think we are seeing a little bit of to a mugging? Local law enforcement pares tomorrow to attempt to cross death today in this Chamber. We are and local prosecutors, local courts do this great divide. This great divide seeing what our Founders bled and died an outstanding job of handling such from punishing the acts of a crime, the for go away a little bit more in this cases, and Congress should let them do overt acts of a crime, to divining what Chamber tonight. We can hear Patrick their jobs. was in the mind of the perpetrator and Henry. We can hear echos of Jefferson, But, second, this bill is also a clear using a definition of what’s in the mind echos of Madison this evening in this violation of the equal protection clause presumably of the alleged victim in Chamber. What would Daniel Webster of the 14th amendment. It creates a order to come to some conclusion as to say? special class of victims. It says one vic- how much prison time a person de- tim is more important than another serves for an overt act that can be de- b 2115 victim, and in doing so, it relegates fined but not the thoughts, Mr. Speak- And as much as they would rail every other victim to a position of sec- er. against people assaulting other people ond class. Assault is assault, murder is At this point I’d be very happy to on the basis of what they believed, cer- murder, and they are all hate crimes, yield to the gentleman from South

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4910 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Carolina. Since we had a favorite ing to the floor tonight and for ad- more than 200 years. And we’ve pun- daughter from Oklahoma, I would like dressing this subject matter. ished always the overt act, not the to introduce a favorite son of South Mr. Speaker, this so-called Hate thought, Mr. Speaker. And this is Carolina. The wonderful hospitality of Crimes legislation that proposes to un- thought crimes; it’s not hate crimes. South Carolina which I have experi- derstand and punish what’s in the We can’t know if someone hates. Some- enced in every trip I have made down minds of people who may be commit- one could commit a crime and not there, the Representative of which is ting crimes against victims or prop- know what someone else’s gender iden- Mr. GRESHAM BARRETT. erty, victims or property, Mr. Speaker. tity is, for example. Mr. BARRETT of South Carolina. I I don’t know how somebody hates I will ask again how does one know? thank the gentleman for yielding. Not somebody else’s property enough that Could I go on the streets of Madison, only is the gentleman from Iowa a stal- if they would paint some graffiti on Wisconsin, and go identify someone wart when it comes to the conservative their garage door that what goes on in that fits this category of sexual ori- cause in this House, he is a classmate the mind of the person that has com- entation and discriminate against of mine and a dear friend. So I cer- mitted this act of vandalism can be them? How do I know, Mr. Speaker? tainly thank him for all the fights he punished with 10 years in the peniten- And here are some of the protected has been in in the past and will con- tiary but the act itself might be, well, qualifications that exist within the tinue to be in in the future. let’s say, a minimal fine for a mis- language of this bill. Never mind the H.R. 1913, the Hate Crimes bill, this demeanor of vandalism. verbal response was, well, no, sexual legislation is wrong and I oppose it be- Mr. Speaker, I will lay out some sce- orientation only includes hetero- cause it creates a special class of vic- narios here so that you and everyone sexuality or homosexuality. Nothing tim, suppresses religious freedom, and else that is listening in can under- else? No, nothing else. The expert from criminalizes thought. stand, I think, more clearly what’s Madison, Wisconsin, where they should I ask you tonight why does Lady Lib- ahead of us. I have asked that we put have some experts, I would think. Het- erty wear a blindfold? Isn’t it because together some definitions and these erosexuality or homosexuality. It our Constitution demands equal, not definitions that aren’t in the bill, the doesn’t include bisexuality. special, but equal protection under the definition that I described a little bit b 2130 law? earlier of gender identity, when I asked So anybody on the continuum be- Under this bill, justice will no longer the authors of the bill what is gender tween extreme heterosexuality and ex- be equal. It will depend on a victim’s identity, they tell me, well, it’s defined race, gender, or sexual orientation. treme homosexuality, anybody that in the bill, don’t you know. Defined in might fit exactly in the middle or any- This legislation would allow for dif- the bill, don’t you know. And it’s on ferent penalties to be imposed for the one in the continuum, they would not page 14, line 24 and 25. Gender identity be part of this definition of ‘‘sexual ori- exact same crime. is the ‘‘actual or perceived gender-re- While I’m not a constitutional schol- entation’’ that is one of the subjects lated characteristics.’’ And I described ar probably like my friend from Iowa, and one of the special protected classes it, Mr. Speaker, as describing that, it’s abundantly clear to me that this of this bill. well, what is the definition of a fence bill would violate the 14th amendment So I look around, and we come up post? Well, that’s an item that has the by creating a special class of victims with some definitions for sexual ori- characteristics of a fence post. What’s who deserve some type of special pro- entation. Here is one. This is from the tection under the law. More impor- the definition of gender identity? Well, Merriam-Webster Dictionary, and it is tantly, I fear this legislation would un- that’s ‘‘actual or perceived gender-re- sexual orientation. ‘‘One’s attraction wind a key thread to our judicial sys- lated characteristics.’’ to and preference in sexual partners.’’ This is a lawyer’s dream. This is a tem by placing higher value on one life That is mental. It is up here. You judge’s dream. This is a full-blown open or lifestyle over another. can’t know that. You can’t see that. In addition to creating a special class license to do whatever one will when You can’t tell that. It can’t be inde- of victims, this legislation could allow you get into a criminal court of law pendently verified. It is not an immu- for criminal prosecution of religious and argue whatever one will. This is al- table characteristic. It may or may not leaders or members of religious groups most intentional ambiguity written be willfully changed by the person that who express their beliefs of their re- into legislation, legislation that we has a particular sexual orientation, Mr. spective faiths. Pastors, imams, rabbis, tried mightily to refine and perfect Speaker. That is a mental definition. people from across the country would with definitions and clarity in the Ju- Here is the other physical definition now be forced to question the legality diciary Committee. Each effort was re- of sexual orientation, and this is from of the words that they preach. Con- butted without a logical, and I repeat the American Heritage Stedman’s Med- sequently, this bill would inhibit reli- that, Mr. Speaker, without a logical re- ical—medical—Dictionary. It says this: gious freedom in our society. A scary buttal. Just simply: This is our bill, ‘‘Sexual activity with people of the op- thought. it’s going to come out of committee posite sex, the same sex or both.’’ That Unfortunately, constitutionally pro- the way it came in because we have de- is sexual orientation. So it might be tected speech is not the only freedom termined that’s what it’s going to be. the thought, it might be the act. It is jeopardized by the Hate Crimes bill. And we have exposed so many vulnera- not a physical characteristic. But gen- This legislation would go so far as to bilities, so many weaknesses, so many der may be a physical characteristic. guess what? Criminalize thought. No built-in biases, so many unjust sce- Now, I could go through this and con- matter how fervently we disagree with narios in the debate in the committee fuse everyone more, and in the short what someone thinks, we cannot pun- that lasted 2 days that the Speaker of period of time I have I will say this: We ish them for thinking it. It is the the House and the Chair of the Judici- don’t agree on what sexual orientation criminal action that merits swift jus- ary Committee and whoever else who is, whether we are going to be defining tice. The action, not the thought or the has something to say about this de- it from the Merriam-Webster Dic- motivation. cided we dare not allow one single tionary or from the American Heritage I fear that H.R. 1913 is a step in the amendment on the floor of the House of Stedman’s Medical Dictionary. They wrong direction. When I think about Representatives because if we do, it are two different things. justice, I think about justice for all no will expose these ambiguities, it will But if you look at the paraphilias matter who you are in the United expose the bias, it will expose the de- that are produced by the American States of America. And I would urge all parture from the hundreds of years old Psychology Association, here is what my colleagues tomorrow to vote ‘‘no’’ tradition and knowledge of what law is. they have. And ‘‘paraphilia’’ is a pow- on H.R. 1913 because I certainly will be. Natural rights that come from God, erful and persistent sexual interest I thank the gentleman from Iowa for Mr. Speaker. They are reflected also in other than typical sexual behavior. yielding. I thank him for weighing in English common law, and they flow They have 547 specific sexual orienta- on this fight. through our Declaration, and they tion proclivities, all of which are spe- Mr. KING of Iowa. I thank the gen- show up in our Constitution. And they cially protected in this legislation, Mr. tleman from South Carolina for com- are billed here in this Congress for Speaker.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4911 Here is another definition for sexual are going to imagine what is in the of Loans, Loan Requirements-Telecommuni- orientation. ‘‘Refers to feelings and minds of these people that are Cubs cations (RIN: 0572-AC13) received March 26, self-concept, not behavior.’’ But it fans and White Sox fans, and I for one 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. might be behavior, because we know can’t imagine what would be in the 1424. A letter from the Acting Adminis- that the American Heritage Stedman’s mind of a White Sox fan. trator Risk Management Agency, Depart- Medical Dictionary says it is a behav- f ment of Agriculture, transmitting the De- ior. partment’s final rule — Common Crop Insur- But here is a list of the particular LEAVE OF ABSENCE ance Regulations; Cabbage Crop Insurance paraphilias, you might call them pro- By unanimous consent, leave of ab- Provisions (RIN: 0563-AB99) received March 23, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to clivities, you might call them some sence was granted to: other things, that are specially pro- the Committee on Agriculture. Mr. STARK (at the request of Mr. 1425. A letter from the Director, Regu- tected in this bill under the broad defi- HOYER) for today. latory Management Division, Environmental nition of sexual orientation. Some of Mr. JACKSON of Illinois (at the re- Protection Agency, transmitting the Agen- these I just simply can’t say here on quest of Mr. HOYER) for today on ac- cy’s final rule — Modification of Pesticide this floor. count of illness. Tolerance Revocation for Diazinon [EPA-HQ- Asphyxophlia. That would be a fixa- OPP-2007-1170; FRL-8410-1] received April 9, tion with, a proclivity for strangula- f 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. tion, starvation for oxygen. SPECIAL ORDERS GRANTED Autogynephilia. That is someone who 1426. A letter from the Director, Regu- sees themselves as someone of the op- By unanimous consent, permission to latory Management Division, Environmental address the House, following the legis- Protection Agency, transmitting the Agen- posite sex, a man seeing himself as a cy’s final rule — Cyhalofop-butyl; Pesticide woman or vice versa. lative program and any special orders Tolerances [EPA-HQ-OPP-2008-0361; FRL- Bisexuality, which was defined in the heretofore entered, was granted to: 8406-8] received April 3, 2009, pursuant to 5 committee as not part of it, is part of (The following Members (at the re- U.S.C. 801(a)(1)(A); to the Committee on Ag- sexual orientation. quest of Mr. TONKO) to revise and ex- riculture. It goes on. I have a more concise list tend their remarks and include extra- 1427. A letter from the Director, Regu- over here, Mr. Speaker, and that goes neous material:) latory Management Division, Environmental Protection Agency, transmitting the Agen- down the line of exhibitionism; incest; Ms. WOOLSEY, for 5 minutes, today. cy’s final rule — Spiromesifen; Pesticide Tol- partialism, which is an obsession with Mr. BRADY of Pennsylvania, for 5 erances [EPA-HQ-OPP-2008-0272; FRL-8406-6] a specific body part; masochism; sa- minutes, today. received April 3, 2009, pursuant to 5 U.S.C. dism; scatalogia, that is obscene phone Mr. DEFAZIO, for 5 minutes, today. 801(a)(1)(A); to the Committee on Agri- calls; toucherism, which is, you can Ms. KAPTUR, for 5 minutes, today. culture. imagine, someone who gropes; (The following Members (at the re- 1428. A letter from the Director, Regu- latory Management Division, Environmental voyeurism; bestiality. The list of these quest of Mr. HENSARLING) to revise and Protection Agency, transmitting the Agen- things go on and on and on. extend their remarks and include ex- I offered the amendment, Mr. Speak- cy’s final rule — Thiamethoxam; Pesticide traneous material:) Tolerances [EPA-HQ-OPP-2008-0167; FRL- er, that would have at least eliminated Mr. POE of Texas, for 5 minutes, May 8407-8] received April 3, 2009, pursuant to 5 and given us a start, eliminated 5. U.S.C. 801(a)(1)(A); to the Committee on Ag- pedophilia. But pedophiles are specifi- Mr. JONES, for 5 minutes, May 5. riculture. cally protected under this hate crimes Mr. MCHENRY, for 5 minutes, April 30, 1429. A letter from the Director, Regu- legislation. Everything you can imag- May 4 and 5. latory Management Division, Environmental Protection Agency, transmitting the Agen- ine is under there, every proclivity, Mr. CONAWAY, for 5 minutes, today every paraphilia is specially protected cy’s final rule — Captan, 2,4-D, Dodine, and April 29. DCPA, Endothall, Fomesafen, Propyzamide, under this hate crimes legislation. Ms. ROS-LEHTINEN, for 5 minutes, Ethofumesate, Permethrin, Dimethipin, and It makes a Federal crime out of April 29. Fenarimol; Technical Amendment [EPA-HQ- something that has been a local crime, Mr. FLAKE, for 5 minutes, today and OPP-2007-0097; FRL-8407-2] received March 27, and they reach across the lines of logic April 29. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the in an unconstitutional fashion to de- Committee on Agriculture. Mr. CARTER, for 5 minutes, April 29. fine acts against these proclivities as 1430. A letter from the Director, Regu- Federal crimes. f latory Management Division, Environmental Protection Agency, transmitting the Agen- So imagine this. Let’s just say you ADJOURNMENT were in Chicago, the President’s home- cy’s final rule — Oil Pollution Prevention; Non-Transportation Related Onshore Facili- town, and there are folks all in there at Mr. KING of Iowa. Mr. Speaker, I move that the House do now adjourn. ties; Spill Prevention, Control, and Counter- a sports bar watching a White Sox measure Rule — Final Amendments [EPA- game versus the Cubs, or an inter- The motion was agreed to; accord- HQ-OPA-2007-0584; FRL-8788-5] (RIN: 2050- league game perhaps, Mr. Speaker. And ingly (at 9 o’clock and 35 minutes AG16) received March 27, 2009, pursuant to 5 let’s just understand that there is some p.m.), the House adjourned until to- U.S.C. 801(a)(1)(A); to the Committee on Ag- friction involved between White Sox morrow, Wednesday, April 29, 2009, at riculture. fans and Cubs fans, and they start to 10 a.m. 1431. A letter from the Director, Regu- latory Management Division, Environmental hurl some expletives and start to call f Protection Agency, transmitting the Agen- each other some names and start to cy’s final rule — Prothioconazole; Pesticide make some presumptions about the EXECUTIVE COMMUNICATIONS, Tolerance [EPA-HQ-OPP-2008-0327; FRL-8403- other side, the other fans, about what ETC. 9] received March 27, 2009, pursuant to 5 their particular proclivities might be. Under clause 2 of Rule XXIV, execu- U.S.C. 801(a)(1)(A); to the Committee on Ag- And someone throws a beer or an ash- tive communications were taken from riculture. tray and pretty soon they get in a the Speaker’s table and referred as fol- 1432. A letter from the Director, Regu- fight, and you have got 15 people on latory Management Division, Environmental lows: Protection Agency, transmitting the Agen- one side that are Cubs fans, 15 people 1422. A letter from the Director, Policy cy’s final rule — Quinoxyfen; Pesticide Tol- on the other side who are White Sox Issuances Division, Department of Agri- erances [EPA-HQ-OPP-2008-0362; FRL-8405-2] fans, all of whom have been called culture, transmitting the Department’s final received March 27, 2009, pursuant to 5 U.S.C. some kind of name about their par- rule — Requirements for the Disposition of 801(a)(1)(A); to the Committee on Agri- ticular paraphilias or proclivities, and Cattle that Become Non-Ambulatory Dis- culture. we have now a Federal hate crimes abled Following Ante-Mortem Inspection — 1433. A letter from the Director, Regu- brawl on our hands that can enhance received March 30, 2009, pursuant to 5 U.S.C. latory Management Division, Environmental 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- the penalties beyond that imagined by culture. cy’s final rule — Castor Oil, Ehtoxylated, the aldermen of Chicago, the local ju- 1423. A letter from the Management Ana- Oleate; Tolerance Exemption [EPA-HQ-OPP- risdiction that might be there. lyst, Rural Development, RUS, Department 2008-0666; FRL-8399-8] received March 23, 2009, It brings the Feds in to deal with of Agriculture, transmitting the Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- this, to sort this all out, because we ment’s final rule — General Policies, Types mittee on Agriculture.

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4912 CONGRESSIONAL RECORD — HOUSE April 28, 2009 1434. A letter from the Director, Regu- ness (PREP) Act declarations for Botulinum 1454. A letter from the Director, Regu- latory Management Division, Environmental toxin, Smallpox, Acute Radiation Syndrome latory Management Division, Environmental Protection Agency, transmitting the Agen- and Pandemic Influenza, pursuant to Section Protection Agency, transmitting the Agen- cy’s final rule — Dinotefuran; Pesticide Tol- 319F-3 of the Public Health Service Act; to cy’s final rule — American Recovery and Re- erances for Emergency Exemptions [EPA- the Committee on Energy and Commerce. investment Act of 2009 (Recovery Act) Sup- HQ-OPP-2008-0845; FRL-8401-5] received 1445. A letter from the Director, Regu- plemental Funding for Brownfields Revolv- March 23, 2009, pursuant to 5 U.S.C. latory Management Division, Environmental ing Loan Fund (RLF) Grantees [FRL-8791-3] 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- received April 9, 2009, pursuant to 5 U.S.C. culture. cy’s final rule — Standards of Performance 801(a)(1)(A); to the Committee on Energy and 1435. A letter from the Director, Regu- for Stationary Combustion Turbines [EPA- Commerce. latory Management Division, Environmental HQ-OAR-2004-0490; FRL-8784-4] (RIN: 2060- 1455. A letter from the Director, Regu- Protection Agency, transmitting the Agen- AO23) received March 17, 2009, pursuant to 5 latory Management Division, Environmental cy’s final rule — Fenpropathrin; Pesticide U.S.C. 801(a)(1)(A); to the Committee on En- Protection Agency, transmitting the Agen- Tolerances [EPA-HQ-OPP-2006-0875; FRL- ergy and Commerce. cy’s final rule — Determination of Attain- 8400-8] received March 23, 2009, pursuant to 5 1446. A letter from the Director, Regu- ment of the One-Hour Ozone Standard for U.S.C. 801(a)(1)(A); to the Committee on Ag- latory Management Division, Environmental the Southern New Jersey Portion of the riculture. Protection Agency, transmitting the Agen- Philadelphia Metropolitan Nonattainment 1436. A letter from the Director, Regu- cy’s final rule — Lead; Fees for Accredita- Area [EPA-R02-OAR-2008-0479; FRL-8775-5] latory Management Division, Environmental tion of Training Programs and Certification received April 9, 2009, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- of Lead-based Paint Activities and Renova- 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Propiconazole; Pesticide tion Contractors [EPA-HQ-OPPT-2008-0382; Commerce. 1456. A letter from the Director, Regu- Tolerances [EPA-HQ-OPP-2007-1202; FRL- FRL-8404-2] (RIN: 2070-AJ40) received March latory Management Division, Environmental 17, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 8403-7] received March 23, 2009, pursuant to 5 Protection Agency, transmitting the Agen- U.S.C. 801(a)(1)(A); to the Committee on Ag- the Committee on Energy and Commerce. cy’s final rule — Approval and Promulgation 1447. A letter from the Director, Regu- riculture. of Air Quality Implementation Plans; Kan- latory Management Division, Environmental 1437. A letter from the Director, Regu- sas; Update to Materials Incorporated by Protection Agency, transmitting the Agen- latory Management Division, Environmental Reference [FRL-8760-9] received April 3, 2009, Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cy’s final rule — Thymol; Exemption from of Air Quality Implementation Plans; Dela- mittee on Energy and Commerce. the Requirement of a Tolerance [EPA-HQ- ware; Update to Materials Incorporated by 1457. A letter from the Director, Regu- OPP-2007-0081; FRL-8404-4] received March 23, Reference [DE103-1101; FRL-8789-7] received latory Management Division, Environmental 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the April 14, 2009, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- Committee on Agriculture. 801(a)(1)(A); to the Committee on Energy and cy’s final rule — National Priorities List, 1438. A letter from the Director, Regu- Commerce. Final Rule No. 46 [EPA-HQ-SFUND-2008-0575, latory Management Division, Environmental 1448. A letter from the Director, Regu- EPA-HQ-SFUND-2008-0576, EPA-HQ-SFUND- Protection Agency, transmitting the Agen- latory Management Division, Environmental 2008-0577, EPA-HQ-SFUND-2008-0585, EPA- cy’s final rule — Triethanolamine; Exemp- Protection Agency, transmitting the Agen- HQ-SFUND-2008-0580, EPA-HQ-SFUND-2008- tion from the Requirement of a Tolerance cy’s final rule — Approval and Promulgation 0581, EPA-HQ-SFUND-2008-0582, EPA-HQ- [EPA-HQ-OPP-2008-0346; FRL-8404-1] received of Implementation Plans; Georgia; Enhanced SFUND-2008-0583, EPA-HQ-SFUND-2008-0083; March 23, 2009, pursuant to 5 U.S.C. Inspection and Maintenance Plan [EPA-R04- FRL-8790-1] (RIN: 2050-AD75) received April 3, 801(a)(1)(A); to the Committee on Agri- OAR-2009-0181; FRL-8892-8] received April 14, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the culture. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Energy and Commerce. 1439. A letter from the Director, Regu- Committee on Energy and Commerce. 1458. A letter from the Director, Regu- latory Management Division, Environmental 1449. A letter from the Director, Regu- latory Management Division, Environmental Protection Agency, transmitting the Agen- latory Management Division, Environmental Protection Agency, transmitting the Agen- cy’s final rule — Tristyrylphenol Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation Ethoxylates (CAS Reg. No. 70559-25-0) and cy’s final rule — Approval and Promulgation of Implementation Plans; New Mexico; Albu- (CAS Reg. No. 99734-09-5); Exemption from of Implementation Plans; New Jersey; Diesel querque/Bernalillo County [EPA-R06-OAR- the Requirement of a Tolerance [EPA-HQ- Idling Rule Revisions [Docket No.: EPA-R02- 2008-0509; FRL-8788-8] received March 27, 2009, OPP-2008-0095; FRL-8404-7] received March 23, OAR-2008-0659, FRL-8757-6] received April 14, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Energy and Commerce. Committee on Agriculture. Committee on Energy and Commerce. 1459. A letter from the Director, Regu- 1440. A letter from the Chairman, Federal 1450. A letter from the Director, Regu- latory Management Division, Environmental Financial Institutions Examination Council, latory Management Division, Environmental Protection Agency, transmitting the Agen- transmitting the Council’s Annual Report Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation for 2008, pursuant to 12 U.S.C. 3305, section cy’s final rule — Wisconsin: Final Authoriza- of Implementation Plans; Revisions to the 1006(f); to the Committee on Financial Serv- tion of State Hazardous Waste Management Nevada State Implementation Plan; Updated ices. Program Revision [EPA-R05-RCRA-2008-0712; Statutory and Regulatory Provisions; Re- 1441. A letter from the Designated Federal FRL-8789-6] received April 14, 2009, pursuant scissions [EPA-R09-OAR-2007-1155; FRL-8767- Official, Coordinating Council on Junvenile to 5 U.S.C. 801(a)(1)(A); to the Committee on 5] received March 27, 2009, pursuant to 5 Justice and Delinquency Prevention, trans- Energy and Commerce. U.S.C. 801(a)(1)(A); to the Committee on En- mitting the Council’s report entitled, ‘‘Re- 1451. A letter from the Director, Regu- ergy and Commerce. 1460. A letter from the Director, Regu- port of Activities and Recommendations to latory Management Division, Environmental latory Management Division, Environmental Congress 2001-2008; to the Committee on Edu- Protection Agency, transmitting the Agen- Protection Agency, transmitting the Agen- cy’s final rule — Approval and Promulgation cation and Labor. cy’s final rule — Approval and Promulgation 1442. A letter from the Director, Regu- of Implementation Plans and Operating Per- of Implementation Plans; Variance Deter- latory Management Division, Environmental mits Program; State of Missouri [EPA-R07- mination for Particulate Matter from a Spe- Protection Agency, transmitting the Agen- OAR-2008-0793; FRL-8791-6] received April 13, cific Source in the State of New Jersey; cy’s final rule — Bacillus subtilis MBI 600; 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Docket No.: EPA-R02-OAR-2008-0020; FRL- Exemption from the Requirement of a Toler- Committee on Energy and Commerce. 8775-6] received March 27, 2009, pursuant to 5 ance [EPA-HQ-OPP-2008-0762; FRL-8408-7] re- 1452. A letter from the Director, Regu- U.S.C. 801(a)(1)(A); to the Committee on En- ceived March 27, 2009, pursuant to 5 U.S.C. latory Management Division, Environmental ergy and Commerce. 801(a)(1)(A); to the Committee on Education Protection Agency, transmitting the Agen- 1461. A letter from the Director, Regu- and Labor. cy’s final rule — Ocean Dumping; Designa- latory Management Division, Environmental 1443. A letter from the Attorney, Office of tion of Ocean Dredged Material Disposal Site Protection Agency, transmitting the Agen- Assistant General Counsel for Legislation offshore of the Rogue River, Oregon [EPA- cy’s final rule — Hazardous Chemical Re- and Regulatory Law, Department of Energy, R10-OW-2008-0745; FRL-8791-2] received April porting; Tier II Inventory Information. transmitting the Department’s final rule — 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to [EPA-HQ-SFUND-0002; FRL-8785-3] (RIN: Energy Conservation Standards for Certain the Committee on Energy and Commerce. 2020-AE17) received March 23, 2009, pursuant Consumer Products and Commercial and In- 1453. A letter from the Director, Regu- to 5 U.S.C. 801(a)(1)(A); to the Committee on dustrial Equipment (RIN: 1904-AB74) received latory Management Division, Environmental Energy and Commerce. March 23, 2009, pursuant to 5 U.S.C. Protection Agency, transmitting the Agen- 1462. A letter from the Director, Regu- 801(a)(1)(A); to the Committee on Energy and cy’s final rule — Wisconsin: Final Authoriza- latory Management Division, Environmental Commerce. tion of State Hazardous Waste Management Protection Agency, transmitting the Agen- 1444. A letter from the Acting Secretary, Program Revision [EPA-R05-RCRA-2008-0711; cy’s final rule — Performance Specification Department of Health and Human Services, FRL-8788-9] received April 13, 2009, pursuant 16 for Predictive Emissions Monitoring Sys- transmitting the Department’s report on to 5 U.S.C. 801(a)(1)(A); to the Committee on tems and Amendments to Testing and Moni- Public Readiness and Emergency Prepared- Energy and Commerce. toring Provisions [EPA-HQ-OAR-2003-0074;

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — HOUSE H4913 FRL-8785-4] (RIN: 2060-AG21) received March State, transmitting the Department’s report transmitting notification of the establish- 23, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to covering current military, diplomatic, polit- ment of the Illinois State Advisory Com- the Committee on Energy and Commerce. ical, and economic measures that are being mittee, pursuant to 41 CFR 102-3.70; to the 1463. A letter from the Chief of Staff, Media or have been undertaken to complete the Committee on the Judiciary. Bureau, Federal Communications Commis- mission in Iraq successfully, pursuant to 1485. A letter from the Staff Director, sion, transmitting the Commission’s final Public Law 109-163, as amended by Public United States Commission on Civil Rights, rule — In the Matter of Amendment of Sec- Law 110-181, section 1223 and Pub. L. 110-47, transmitting notification of the establish- tion 73.202(b), Table of Allotments, FM section 1213(c); to the Committee on Foreign ment of the North Carolina State Advisory Broadcast Stations. (Evart and Ludington, Affairs. Committee, pursuant to 41 CFR 102-3.70; to Michigan) [MB Docket No.: 08-26 RM-11418] 1474. A letter from the Acting Assistant the Committee on the Judiciary. received April 3, 2009, pursuant to 5 U.S.C. Secretary Legislative Affairs, Department of 1486. A letter from the Staff Director, 801(a)(1)(A); to the Committee on Energy and State, transmitting the Department’s report United States Commission on Civil Rights, Commerce. on U.S. support for Taiwan’s participation as transmitting notification of the establish- 1464. A letter from the Vice Admiral, USN an observer at the 62nd World Health Assem- ment of the Minnesota State Advisory Com- Director, Defense Security Cooperation bly and in the work of the World Health Or- mittee, pursuant to 41 CFR 102-3.70; to the Agency, transmitting certification of a pro- ganization, as mandated in the Participation Committee on the Judiciary. posed lease of defense articles to the United of the 2004 Taiwan in the World Health Orga- 1487. A letter from the Register of Copy- Kingdom (Transmittal No. 02-09), pursuant nization Act, Pub. L. 108-235, Sec. 1(c); to the rights, United States Copyright Office, to 22 U.S.C. 39, 62(a); to the Committee on Committee on Foreign Affairs. transmitting a schedule of proposed new Foreign Affairs. 1475. A letter from the Acting Assistant copyright fees and the accompanying anal- 1465. A letter from the Deputy Director, Secretary Legislative Affairs, Department of ysis, pursuant to Public Law 105-80 (111 Stat. Defense Security Cooperation Agency, trans- State, transmitting the Department’s An- 1529); to the Committee on the Judiciary. mitting notification concerning the Depart- nual Report on Security-Related Assistance 1488. A letter from the Director, Regu- ment of the Army’s Proposed Letter(s) of Provided by the United States to the Coun- latory Management Division, Environmental Offer and Acceptance to Australia for de- tries of Central Asia for fiscal year 2008, pur- Protection Agency, transmitting the Agen- fense articles and services (Transmittal No. suant to Public Law 110-161, section 698(C); to cy’s final rule — Withdrawal of NPDES Vol- 09-17), pursuant to Section 36(b)(1) of the the Committee on Foreign Affairs. untary Permit Fee Incentive for Clean Water Arms Export Control Act; to the Committee 1476. A letter from the Acting Assistant Act Section 106 Grants; Allotment Formula on Foreign Affairs. Secretary Legislative Affairs, Department of [EPA-HQ-OW-2006-0765; FRL-8792-3] (RIN: 1466. A letter from the Deputy Director, State, transmitting the Department’s annual 2040-AE99) received April 13, 2009, pursuant to Defense Security Cooperation Agency, trans- report for 2007 on United States Participa- 5 U.S.C. 801(a)(1)(A); to the Committee on mitting notification concerning the Depart- tion in the United Nations, pursuant to Pub- Transportation and Infrastructure. ment of the Army’s Proposed Letter(s) of lic Law 79-264, section 4(a); to the Committee Offer and Acceptance to Mexico for defense on Foreign Affairs. f articles and services (Transmittal No. 09-13), 1477. A letter from the Acting Assistant REPORTS OF COMMITTEES ON pursuant to Section 36(b)(1) of the Arms Ex- Secretary Legislative Affairs, Department of PUBLIC BILLS AND RESOLUTIONS port Control Act; to the Committee on For- State, transmitting the Department’s report eign Affairs. for 2009 entitled, ‘‘Celebrating Life’’, pursu- Under clause 2 of rule XIII, reports of 1467. A letter from the Acting Assistant ant to Public Law 108-25; to the Committee committees were delivered to the Clerk Secretary Legislative Affairs, Department of on Foreign Affairs. for printing and reference to the proper State, transmitting certification of a pro- 1478. A letter from the Acting Assistant calendar, as follows: posed technical assistance agreement for the Secretary Legislative Affairs, Department of Mr. CONYERS: Committee on the Judici- export of defense articles, including tech- State, transmitting certification for Fiscal ary. Supplemental report on H.R. 1913. A bill nical data, and defense services to the United Year 2009 that no United Nations organiza- to provide Federal assistance to States, local Arab Emirates (Transmittal No. DDTC 009- tion or United Nations affiliated agency 09), pursuant to 22 U.S.C. 39, 36(c); to the grants any official status, accreditation, or jurisdictions, and Indian tribes to prosecute Committee on Foreign Affairs. recognition to any organization which pro- hate crimes, and for other purposes (Rept. 1468. A letter from the Acting Assistant motes and condones or seeks the legalization 111–86 Pt. 2). Mr. MCGOVERN: Committee on Rules. Secretary Legislative Affairs, Department of of pedophilia, or which includes as a sub- House Resolution 371. Resolution providing State, transmitting certification of a pro- sidiary or member any such organization, for consideration of the conference report to posed export of defense articles and services pursuant to Public Law 103-236, section to Spain (Transmittal No. DDTC 135-08), pur- 102(g); to the Committee on Foreign Affairs. accompany the concurrent resolution (S. suant to 22 U.S.C. 39, 36(c); to the Committee 1479. A letter from the Chairman, House Con. Res. 13) setting forth the congressional on Foreign Affairs. Democracy Assistance Commission, trans- budget for the United States Government for 1469. A letter from the Acting Assistant mitting the Commission’s 2007 annual report, fiscal year 2010, revising the appropriate Secretary Legislative Affairs, Department of prepared in accordance with section 3(c) of budgetary levels for fiscal year 2009, and set- State, transmitting certification of a pro- House Resolution 24; to the Committee on ting forth the appropriate budgetary levels posed technical assistance agreement for the Foreign Affairs. for fiscal years 2011 through 2014 (Rept. 111– export of defense articles to Turkey (Trans- 1480. A letter from the Associate Attorney 90). Referred to the House Calendar. mittal No. DDTC 014-09), pursuant to 22 General, Department of Justice, transmit- Mr. HASTINGS of Florida: Committee on U.S.C. 39, 36(c); to the Committee on Foreign ting the Department’s 2008 annual report on Rules. House Resolution 372. A resolution Affairs. certain activities pertaining to the Freedom providing for consideration of the bill (H.R. 1470. A letter from the Acting Assistant of Information Act, as amended; to the Com- 1913) to provide Federal assistance to States, Secretary Legislative Affairs, Department of mittee on Oversight and Government Re- local jurisdictions, and Indian tribes to pros- State, transmitting certification of a pro- form. ecute hate crimes, and for other purposes posed license for the export of defense arti- 1481. A letter from the Acting Assistant (Rept. 111–91). Referred to the House Cal- cles to Japan (Transmittal No. DDTC 017-09), Secretary for Administration and Manage- endar. pursuant to 22 U.S.C. 39, 36(c); to the Com- ment, Department of Labor, transmitting f mittee on Foreign Affairs. the Department’s report for fiscal year 2008 1471. A letter from the Acting Assistant on articles, materials, or supplies purchased PUBLIC BILLS AND RESOLUTIONS Secretary Legislative Affairs, Department of outside of the United States; to the Com- Under clause 2 of rule XII, public State, transmitting certification of a pro- mittee on Oversight and Government Re- bills and resolutions of the following posed technical assistance agreement for the form. titles were introduced and severally re- export of technical data, defense services, 1482. A letter from the Acting Secretary, and defense articles to Italy and the United Department of Health and Human Services, ferred, as follows: Kingdom (Transmittal No. DDTC 016-09), transmitting a designation of additional By Mrs. MALONEY (for herself, Ms. pursuant to 22 U.S.C. 39, 36(c); to the Com- members of the Special-Exposure Cohort BALDWIN, Ms. WOOLSEY, Mr. FRANK of mittee on Foreign Affairs. from Tyson Valley Farm near Eureka, Mis- Massachusetts, Mr. POLIS of Colo- 1472. A letter from the Acting Assistant souri, pursuant to 42 C.F.R. pt. 83; to the rado, Mr. DELAHUNT, Ms. HIRONO, Mr. Secretary Legislative Affairs, Department of Committee on the Judiciary. FARR, Mr. ISRAEL, and Mr. NADLER of State, transmitting certification of a pro- 1483. A letter from the Secretary, Judicial New York): posed technical assistance agreement to in- Conference on the United States, transmit- H.R. 2132. A bill to amend the Family and clude the export of technical data, defense ting a draft bill to create Article III judge- Medical Leave Act of 1993 to permit leave to services, and defense articles to Mexico ships and address needs regarding existing care for a same-sex spouse, domestic partner, (Transmittal No. DDTC 006-09), pursuant to temporary judgeships in the U.S. courts of parent-in-law, adult child, sibling, or grand- 22 U.S.C. 39, 36(c); to the Committee on For- appeals and district courts; to the Com- parent who has a serious health condition; to eign Affairs. mittee on the Judiciary. the Committee on Education and Labor, and 1473. A letter from the Acting Assistant 1484. A letter from the Staff Director, in addition to the Committees on House Ad- Secretary Legislative Affairs, Department of United States Commission on Civil Rights, ministration, and Oversight and Government

VerDate Nov 24 2008 00:57 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\RECORD09\RECFILES\H28AP9.REC H28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE H4914 CONGRESSIONAL RECORD — HOUSE April 28, 2009 Reform, for a period to be subsequently de- certain pari-mutuel wagers; to the Com- tivities to rapidly advance treatments for termined by the Speaker, in each case for mittee on Ways and Means. spinal muscular atrophy, neuromuscular dis- consideration of such provisions as fall with- By Mr. COHEN (for himself, Mr. DAVIS ease, and other pediatric diseases, and for in the jurisdiction of the committee con- of Illinois, Mr. FATTAH, Mr. HASTINGS other purposes; to the Committee on Energy cerned. of Florida, Mr. BISHOP of Georgia, and Commerce. By Mr. HIGGINS (for himself, Mr. LEE Mr. RUSH, Mr. HARE, Mr. SIRES, Mr. By Mr. LEVIN (for himself, Mr. DIN- of New York, Mr. MASSA, Mrs. GORDON of Tennessee, Mr. BRADY of GELL, Mr. KILDEE, Mr. UPTON, Mr. MALONEY, and Mr. ISRAEL): Pennsylvania, Mr. LEWIS of Georgia, EHLERS, Mr. CONYERS, Mr. ROGERS of H.R. 2133. A bill to amend the Act of Au- Mr. KUCINICH, Mr. AL GREEN of Texas, Michigan, Mr. STUPAK, Ms. SUTTON, gust 21, 1957, to allocate funds from certain Ms. CLARKE, and Ms. FUDGE): Mr. KUCINICH, Mr. MCCOTTER, Mr. electric power sales from the Niagara Power H.R. 2141. A bill to reform the United SCHAUER, Mr. PETERS, Mr. HILL, Mr. Project in New York to capital needs of States Interagency Council on Homelessness; GONZALEZ, Mr. DONNELLY of Indiana, Western New York, and for other purposes; to the Committee on Financial Services. Mr. HIGGINS, Mr. BACA, Ms. MCCOL- to the Committee on Energy and Commerce. By Mr. CUELLAR (for himself and Mr. LUM, Ms. KAPTUR, Mrs. MILLER of By Mr. ENGEL (for himself, Mr. MACK, MOORE of Kansas): Michigan, Mr. GORDON of Tennessee, Mr. BERMAN, Mrs. BONO MACK, Mr. H.R. 2142. A bill to require the review of Mr. CAMP, Mr. MCHUGH, Mr. WILSON DELAHUNT, Mr. BURTON of Indiana, Government programs at least once every 5 of Ohio, Ms. ESHOO, Mr. SOUDER, Ms. Mr. WEXLER, and Mr. PIERLUISI): years for purposes of assessing their perform- KILROY, Mr. HOEKSTRA, and Mr. H.R. 2134. A bill to establish the Western ance and improving their operations, and to YARMUTH): Hemisphere Drug Policy Commission; to the establish the Performance Improvement H.R. 2150. A bill to increase the amount of Committee on Foreign Affairs, and in addi- Council; to the Committee on Oversight and direct loans that may be provided by the tion to the Committees on the Judiciary, Government Reform. Secretary of Energy to improve facilities for and Energy and Commerce, for a period to be By Mr. DONNELLY of Indiana (for advanced technology vehicles manufac- subsequently determined by the Speaker, in himself, Mr. MORAN of Kansas, Mr. turing; to the Committee on Energy and each case for consideration of such provi- MOORE of Kansas, and Mr. PLATTS): Commerce. H.R. 2143. A bill to amend the Internal Rev- sions as fall within the jurisdiction of the By Ms. NORTON: committee concerned. enue Code of 1986 to allow the Secretary of H.R. 2151. A bill to amend the Fair Labor By Mr. REHBERG (for himself and Ms. the Treasury to not impose a penalty for Standards Act of 1938 to prohibit discrimina- failure to disclose reportable transactions MARKEY of Colorado): tion in the payment of wages on account of when there is reasonable cause for such fail- H.R. 2135. A bill to amend section 254 of the sex, race, or national origin, and for other ure, to modify such penalty, and for other Communications Act of 1934 to provide that purposes; to the Committee on Education purposes; to the Committee on Ways and funds received as universal service contribu- and Labor. Means. tions and the universal service support pro- By Mr. PERLMUTTER: By Mr. FLAKE (for himself, Mr. grams established pursuant to that section H.R. 2152. A bill to authorize certain pri- FRANKS of Arizona, Mr. ROHR- are not subject to certain provisions of title vate rights of action under the Foreign Cor- ABACHER, and Ms. FALLIN): 31, United States Code, commonly known as rupt Practices Act of 1977 for violations by H.R. 2144. A bill to permit a State to elect the Antideficiency Act; to the Committee on foreign concerns that damage domestic busi- to receive the State’s contributions to the Energy and Commerce. Highway Trust Fund in lieu of its Federal- nesses; to the Committee on Energy and By Ms. FUDGE: aid Highway program apportionment for the Commerce, and in addition to the Committee H.R. 2136. A bill to establish the Honorable next fiscal year, and for other purposes; to on the Judiciary, for a period to be subse- Stephanie Tubbs Jones Fire Suppression the Committee on Transportation and Infra- quently determined by the Speaker, in each Demonstration Incentive Program within structure. case for consideration of such provisions as the Department of Education to promote in- By Mr. FRANK of Massachusetts: fall within the jurisdiction of the committee stallation of fire sprinkler systems, or other H.R. 2145. A bill to amend title II of the So- concerned. fire suppression or prevention technologies, cial Security Act to restrict the application By Mr. STUPAK: in qualified student housing and dormitories, of the windfall elimination provision to indi- H.R. 2153. A bill to amend chapter 44 of and for other purposes; to the Committee on viduals whose combined monthly income title 18, United States Code, to increase the Education and Labor. from benefits under such title and other extent to which State law is used in deter- By Ms. WATERS (for herself, Mr. monthly periodic payments exceeds a min- mining whether a criminal conviction under STARK, Mrs. CHRISTENSEN, Ms. LEE of imum COLA-adjusted amount of $2,500 and to State law is sufficient to deny a person the California, Mr. MEEKS of New York, provide for a graduated implementation of right to ship, transport, possess, or receive a and Mr. FRANK of Massachusetts): such provision on amounts above such min- firearm; to the Committee on the Judiciary. H.R. 2137. A bill to amend the Public imum amount; to the Committee on Ways By Mr. STUPAK: Health Service Act, the Employee Retire- and Means. H.R. 2154. A bill to amend chapter 15 of ment Income Security Act of 1974, the Inter- By Mrs. HALVORSON: title 5, United States Code, to provide for an nal Revenue Code of 1986, and title 5, United H.R. 2146. A bill to amend the Internal Rev- additional, limited exception to the provi- States Code, to require individual and group enue Code of 1986 to extend the additional sion prohibiting a State or local officer or health insurance coverage and group health standard deduction for State and local real employee from being a candidate for elective plans and Federal employees health benefit property taxes; to the Committee on Ways office; to the Committee on Oversight and plans to provide coverage for routine HIV and Means. Government Reform. screening; to the Committee on Energy and By Mr. HODES (for himself, Mr. By Mr. STUPAK (for himself and Mr. Commerce, and in addition to the Commit- CONNOLLY of Virginia, Mr. ISRAEL, BRALEY of Iowa): tees on Education and Labor, Ways and Mr. BRALEY of Iowa, and Mr. TONKO): H.R. 2155. A bill to provide for the limita- Means, and Oversight and Government Re- H.R. 2147. A bill to establish the Global tion on entry of steel, drywall, and cement form, for a period to be subsequently deter- Warming Economic Oversight Commission products that fail to meet industry stand- mined by the Speaker, in each case for con- to study and report on the use by the Federal ards; to the Committee on Ways and Means. sideration of such provisions as fall within Government of funds from any auction or By Mr. TONKO (for himself, Mr. the jurisdiction of the committee concerned. sale of greenhouse gas emissions allowances, ARCURI, Mr. SCHAUER, Mr. TEAGUE, By Mr. KENNEDY (for himself, Mr. and for other purposes; to the Committee on Mr. PERRIELLO, Ms. MARKEY of Colo- SULLIVAN, Mr. HIGGINS, Ms. Energy and Commerce. rado, Ms. TITUS, Mr. HALL of New SCHAKOWSKY, Mr. MICHAUD, and Mr. By Mr. INSLEE (for himself, Mrs. York, and Mr. NADLER of New York): BOREN): MALONEY, Mr. BLUMENAUER, Mr. H.R. 2156. A bill to implement a pilot pro- H.R. 2138. A bill to provide grants to estab- WEXLER, Mr. DELAHUNT, Mr. VAN gram to establish truck parking facilities; to lish veteran’s treatment courts; to the Com- HOLLEN, and Mr. ENGEL): the Committee on Transportation and Infra- mittee on the Judiciary. H.R. 2148. A bill to promote the develop- structure. By Mr. BERMAN (for himself and Mr. ment and use of marine renewable energy By Mr. WEINER: KIRK): technologies, and for other purposes; to the H.R. 2157. A bill to provide increased fund- H.R. 2139. A bill to direct the President to Committee on Science and Technology, and ing for and improvement of the Debbie develop and implement a comprehensive na- in addition to the Committees on Energy and Smith DNA backlog grant program, to pro- tional strategy to further the United States Commerce, and Ways and Means, for a period vide for DNA technology enhancement foreign policy objective of promoting global to be subsequently determined by the Speak- grants, to reauthorize certain DNA-related development, and for other purposes; to the er, in each case for consideration of such pro- grant programs under the Justice For All Committee on Foreign Affairs. visions as fall within the jurisdiction of the Act of 2004, and for other purposes; to the By Mr. YARMUTH (for himself and Mr. committee concerned. Committee on the Judiciary. BOUSTANY): By Mr. KENNEDY (for himself and Mr. By Mr. WELCH: H.R. 2140. A bill to amend the Internal Rev- CANTOR): H.R. 2158. A bill to amend the Internal Rev- enue Code of 1986 to modify the withholding H.R. 2149. A bill to authorize the Secretary enue Code of 1986 to provide a Federal in- requirement with respect to proceeds from of Health and Human Services to conduct ac- come tax credit for the purchase of certain

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nonroad equipment with alternative power H.R. 333: Mr. RYAN of Ohio, Mr. RODRIGUEZ, POSEY, Mr. BLUMENAUER, Mr. CHAFFETZ, and sources; to the Committee on Ways and Mr. BISHOP of Utah, and Mr. CONNOLLY of Ms. CORRINE BROWN of Florida. Means. Virginia. H.R. 1470: Mr. SESSIONS and Mr. AKIN. By Mr. GARRETT of New Jersey: H.R. 362: Mr. PETERSON. H.R. 1474: Mr. COURTNEY, Mr. MILLER of H. Con. Res. 111. Concurrent resolution rec- H.R. 387: Mr. GALLEGLY. North Carolina, Mr. PETERSON, and Mr. ognizing the 61st anniversary of the inde- H.R. 403: Mr. FILNER, Ms. CORRINE BROWN HOLT. pendence of the State of Israel; to the Com- of Florida, Mr. KENNEDY, Mr. SCOTT of Vir- H.R. 1475: Mr. JACKSON of Illinois. mittee on Foreign Affairs. ginia, and Mr. SERRANO. H.R. 1479: Mr. AL GREEN of Texas and Mrs. By Ms. MOORE of Wisconsin (for her- H.R. 442: Mr. STEARNS, Mr. NEUGEBAUER, CHRISTENSEN. self and Mr. MCHENRY): Mr. KLINE of Minnesota, Mr. SHIMKUS, and H.R. 1499: Mr. WITTMAN. H. Con. Res. 112. Concurrent resolution ex- Mr. YOUNG of Alaska. H.R. 1511: Mr. WOLF, Mr. PAYNE, and Mr. pressing support for designation of a ‘‘Na- H.R. 484: Ms. HERSETH SANDLIN, Mr. CARNAHAN. tional Lao-Hmong Recognition Day’’; to the MCCOTTER, and Mr. PETERSON. H.R. 1545: Mr. PAUL. Committee on Oversight and Government H.R. 556: Mr. MCNERNEY. H.R. 1549: Mr. PRICE of North Carolina, Mr. Reform. H.R. 558: Mr. GORDON of Tennessee. LARSON of Connecticut, and Mr. By Mr. RYAN of Ohio (for himself and H.R. 600: Mr. CAPUANO. BLUMENAUER. Mr. BOCCIERI): H.R. 621: Mr. WILSON of South Carolina, H.R. 1558: Mr. BRALEY of Iowa. H. Con. Res. 113. Concurrent resolution ex- Ms. ROYBAL-ALLARD, Mr. GALLEGLY, Mr. H.R. 1585: Mr. POLIS of Colorado and Mr. pressing the sense of Congress regarding the PAYNE, and Mr. PLATTS. BOOZMAN. murder of United States Air Force Reserve H.R. 669: Ms. ROS-LEHTINEN, Mr. LEWIS of H.R. 1589: Ms. MATSUI, Ms. BORDALLO, Mr. Major Karl D. Hoerig and the need for Georgia, and Mr. ROTHMAN of New Jersey. MCGOVERN, Mr. BERMAN, and Ms. ROS- prompt justice in State of Ohio v. Claudia C. H.R. 702: Mr. KILDEE. LEHTINEN. Hoerig; to the Committee on Foreign Affairs. H.R. 874: Mr. KILDEE. H.R. 1600: Mr. DOYLE. By Mrs. BACHMANN: H.R. 877: Mr. GOODLATTE. H.R. 1605: Mr. CARNAHAN. H. Res. 373. A resolution expressing support H.R. 904: Mr. PETERSON. H.R. 1621: Mr. BILBRAY and Mr. POE of for designation of the month of September as H.R. 952: Mrs. HALVORSON, Mr. DEFAZIO, Texas. ‘‘National Hydrocephalus Awareness Mr. CARSON of Indiana, Mrs. KIRKPATRICK of H.R. 1625: Mr. LATHAM, Mr. KENNEDY, Mr. Month’’; to the Committee on Oversight and Arizona, and, Mr. MICHAUD. ABERCROMBIE, Mr. BONNER, Mr. SMITH of Ne- Government Reform. H.R. 997: Mr. ROONEY. braska, and Mr. GUTHRIE. By Mr. GRAVES (for himself and Mr. H.R. 1018: Mr. FARR. H.R. 1646: Ms. TITUS. GUTHRIE): H.R. 1020: Mr. GONZALEZ, Mr. LYNCH, and H.R. 1670: Mr. MCCOTTER and Mr. PETER- H. Res. 374. A resolution recognizing the Mr. TIERNEY. SON. roles and contributions of America’s teach- H.R. 1027: Mr. MARCHANT and Mr. DEAL of H.R. 1676: Mr. ISSA. ers to building and enhancing our Nation’s Georgia. H.R. 1684: Mr. BACHUS, Mr. BURTON of Indi- civic, cultural, and economic well-being; to H.R. 1053: Mr. GERLACH and Mr. CONNOLLY ana, Mr. STEARNS, and Mr. COLE. the Committee on Education and Labor. of Virginia. H.R. 1692: Mr. MCHENRY, Mr. PAUL, Mr. By Ms. EDDIE BERNICE JOHNSON of H.R. 1067: Mr. PETERSON. BURTON of Indiana, and Mr. SOUDER. Texas (for herself, Mr. BRALEY of H.R. 1074: Mr. STEARNS, Mr. NEUGEBAUER, H.R. 1693: Mr. PLATTS and Mr. SESTAK. Iowa, Ms. LINDA T. SA´ NCHEZ of Cali- Mr. COLE, Mr. SHIMKUS, Mr. CHILDERS, Mr. H.R. 1708: Mr. PETERSON and Mr. RAHALL. fornia, Mr. MICHAUD, Mr. LYNCH, Mr. YOUNG of Alaska, Mr. MACK, and Mr. H.R. 1709: Mr. HONDA and Ms. EDDIE BER- GEORGE MILLER of California, Mr. MARCHANT. NICE JOHNSON of Texas. HARE, Mr. LOEBSACK, Mr. CARSON of H.R. 1086: Mr. STEARNS. H.R. 1710: Mr. PRICE of Georgia and Mr. Indiana, Mr. LEWIS of Georgia, Mr. H.R. 1087: Mr. GOODLATTE. JACKSON of Illinois. GRIJALVA, Mr. AL GREEN of Texas, H.R. 1136: Mr. CONNOLLY of Virginia and H.R. 1723: Ms. BERKLEY and Mr. JACKSON of Mr. COURTNEY, Ms. SUTTON, and Mr. Mr. COLE. Illinois. GUTIERREZ): H.R. 1179: Mr. WITTMAN. H.R. 1724: Mr. MURPHY of Connecticut. H. Res. 375. A resolution supporting the H.R. 1188: Ms. ESHOO, Mr. ELLISON, Mr. H.R. 1739: Ms. SCHAKOWSKY. goals and ideals of Workers’ Memorial Day PIERLUISI, Mr. FATTAH, Mrs. MALONEY, Mr. H.R. 1740: Mr. SMITH of New Jersey and Mr. in order to honor and remember the workers LATOURETTE, Mr. RUSH, Mr. BRADY of Penn- GINGREY of Georgia. who have been killed or injured in the work- sylvania, Mr. GRIJALVA, Mr. FILNER, Mr. H.R. 1742: Mr. GEORGE MILLER of Cali- place; to the Committee on Education and TEAGUE, Mr. MORAN of Virginia, Mr. JONES, fornia. Labor. Mr. MCCOTTER, Mr. ALEXANDER, Mr. FLEM- H.R. 1744: Mr. ALEXANDER, Mr. ADERHOLT, By Mr. ROGERS of Michigan (for him- ING, Mr. PERLMUTTER, Mrs. CAPPS, Mr. CAR- Mr. WITTMAN, Mr. WHITFIELD, Mr. JOHNSON of self and Ms. WASSERMAN SCHULTZ): NEY, and Ms. WOOLSEY. Illinois, Mr. ARCURI, Mr. TURNER, Mr. JOR- H. Res. 376. A resolution expressing support H.R. 1189: Mr. PETERSON. DAN of Ohio, Mr. BARRETT of South Carolina, for designation of the calendar year 2009 as H.R. 1190: Mr. BRIGHT. Mr. SMITH of Nebraska, Mr. BUTTERFIELD, ‘‘The Year of the Safe Child’’ to raise aware- H.R. 1204: Mr. SMITH of Nebraska and Mr. and Ms. CASTOR of Florida. ness and encourage the prevention of unin- MURTHA. H.R. 1802: Mr. PITTS. tentional injuries among the Nation’s chil- H.R. 1207: Mr. BROWN of South Carolina, H.R. 1827: Mr. GONZALEZ. dren; to the Committee on Energy and Com- Mrs. BIGGERT, Mr. PITTS, Mr. TIAHRT, Mrs. H.R. 1835: Mr. COLE and Mr. THORNBERRY. merce, and in addition to the Committee on MYRICK, Mr. PUTNAM, Mr. LATOURETTE, Mr. H.R. 1842: Ms. CORRINE BROWN of Florida. Foreign Affairs, for a period to be subse- TIBERI, Ms. ROS-LEHTINEN, Mr. HOEKSTRA, H.R. 1849: Mr. MOORE of Kansas and Mr. quently determined by the Speaker, in each Mrs. MILLER of Michigan, Ms. GRANGER, Mr. MEEKS of New York. case for consideration of such provisions as SIMPSON, Mr. BARRETT of South Carolina, H.R. 1877: Mr. COURTNEY. fall within the jurisdiction of the committee Mr. GOODLATTE, and Mr. SMITH of Nebraska. H.R. 1884: Ms. CASTOR of Florida, Mr. FIL- concerned. H.R. 1209: Mr. KISSELL. NER, Mr. LOEBSACK, Mr. POMEROY, Ms. H.R. 1210: Mr. MILLER of North Carolina. MCCOLLUM, Ms. MOORE of Wisconsin, Mr. f H.R. 1211: Mr. TONKO and Mr. NADLER of MCHUGH, and Ms. KAPTUR. ADDITIONAL SPONSORS New York. H.R. 1925: Mr. KUCINICH, Mr. LIPINSKI, Ms. H.R. 1213: Mr. INSLEE. EDDIE BERNICE JOHNSON of Texas, Mr. WELCH, Under clause 7 of rule XII, sponsors H.R. 1231: Mrs. DAVIS of California. Mr. SMITH of Washington, and Mr. SABLAN. were added to public bills and resolu- H.R. 1318: Mr. CARSON of Indiana. H.R. 1941: Mr. HOLDEN. tions as follows: H.R. 1326: Mr. ROTHMAN of New Jersey. H.R. 1944: Mr. CANTOR and Mrs. BACHMANN. H.R. 17: Mr. MARCHANT. H.R. 1327: Mr. BACA, Mr. REICHERT, Ms. H.R. 1948: Mr. MCHUGH. H.R. 21: Mrs. NAPOLITANO. GIFFORDS, Ms. LEE of California, Mr. BROUN H.R. 1956: Ms. HIRONO. H.R. 22: Mr. PERLMUTTER and Mr. of Georgia, Mr. MEEK of Florida, Mr. LANCE, H.R. 1960: Mr. HENSARLING. HEINRICH. Mr. HOLT, Mr. CAPUANO, Mr. ROGERS of Ala- H.R. 1966: Mr. SPACE, Ms. TITUS, and Mr. H.R. 52: Ms. ROS-LEHTINEN, Mr. ROYCE, and bama, Mr. HONDA, and Mr. DENT. LUETKEMEYER. Mr. MANZULLO. H.R. 1336: Mr. MICHAUD. H.R. 1977: Ms. WASSERMAN SCHULTZ, Mr. H.R. 179: Mr. LATOURETTE. H.R. 1362: Mr. BOYD. MEEK of Florida, and Mr. NYE. H.R. 197: Mr. WILSON of Ohio, Mr. ROE of H.R. 1410: Ms. ZOE LOFGREN of California. H.R. 1985: Mr. MORAN of Kansas. Tennessee, Mr. MCCAUL, Mr. COLE, Mr. H.R. 1415: Mrs. BLACKBURN, Mr. SESTAK, H.R. 1993: Mr. CARNAHAN, Mr. COSTA, and SHIMKUS, Mr. CHILDERS, and Mr. MARCHANT. and Mr. HILL. Mr. BISHOP of New York. H.R. 203: Mr. BURGESS. H.R. 1430: Mr. GRIJALVA. H.R. 1998: Mr. CUELLAR and Mr. FLEMING. H.R. 233: Mr. PETERSON. H.R. 1449: Mr. LATTA. H.R. 2014: Mr. GALLEGLY, Mr. BERMAN, Mr. H.R. 262: Mr. CONNOLLY of Virginia. H.R. 1452: Mr. GOODLATTE. GERLACH, and Mr. KENNEDY. H.R. 270: Mr. KLINE of Minnesota and Mr. H.R. 1454: Mrs. CHRISTENSEN, Mr. H.R. 2020: Ms. EDDIE BERNICE JOHNSON of BROUN of Georgia. FALEOMAVAEGA, Mr. ROE of Tennessee, Mr. Texas.

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H.R. 2034: Mr. AL GREEN of Texas. H. Res. 166: Ms. CASTOR of Florida. H. Res. 314: Mr. GINGREY of Georgia, Mr. H.R. 2038: Mr. ISRAEL. H. Res. 175: Mr. SCHIFF. COURTNEY, Mr. GUTHRIE, Mr. SERRANO, Mr. H.R. 2047: Mr. MCHUGH. H. Res. 185: Mr. MARSHALL and Mrs. DRIEHAUS, Mr. SESTAK, Mr. MOORE of Kansas, H.R. 2060: Mr. KENNEDY. MYRICK. and Mr. ROTHMAN of New Jersey. H.R. 2067: Mr. ANDREWS, Mr. KILDEE, Mr. H. Res. 191: Mr. FORBES, Ms. DEGETTE, and H. Res. 331: Mr. BISHOP of New York and BISHOP of New York, Mr. LOEBSACK, Mr. PAT- Mr. TONKO. Mr. KLEIN of Florida. RICK J. MURPHY of Pennsylvania, Mr. H. Res. 192: Ms. DELAURO, Mr. LOEBSACK, H. Res. 338: Mr. MASSA, Mr. BISHOP of Geor- SABLAN, Mr. FRANK of Massachusetts, and Mr. BOOZMAN, Mr. ARCURI, Mr. FRANK of Mas- gia, Ms. GINNY BROWN-WAITE of Florida, and Ms. CLARKE. sachusetts, Mr. MCCOTTER, Mr. HOLT, Ms. Mr. WAXMAN. H.R. 2070: Ms. HARMAN. NORTON, Mr. MEEKS of New York, Mr. SKEL- H. Res. 345: Mr. ELLISON, Ms. KAPTUR, Mr. H.R. 2077: Ms. SCHAKOWSKY and Ms. KAP- TON, Mr. ISRAEL, Mr. LANCE, Ms. ROYBAL-AL- PERRIELLO, and Mr. MCGOVERN. TUR. LARD, Mr. RYAN of Ohio, Mr. KIND, Mr. WU, H. Res. 347: Mr. SCOTT of Virginia, Mr. BOU- H.R. 2081: Mrs. MALONEY. Mr. HARE, Mr. GERLACH, Mr. MARCHANT, Mr. CHER, Mr. MORAN of Virginia, Mr. WITTMAN, H.R. 2103: Mr. TERRY and Ms. ZOE LOFGREN SMITH of New Jersey, Mr. RUSH, and Mrs. and Mr. FORBES. of California. NAPOLITANO. H. Res. 349: Mr. CONAWAY, Mr. WU, Mr. CAO, H.R. 2110: Mr. FRANKS of Arizona and Ms. H. Res. 204: Mr. UPTON, Mr. REICHERT, and Mr. WALZ, Ms. BORDALLO, Mr. MCMAHON, Mr. HIRONO. Mr. SHIMKUS. HINOJOSA, Mr. BARTON of Texas, and Mr. H.R. 2116: Mr. BOREN. H. Res. 209: Mr. HINCHEY. FORBES. H. Con. Res. 18: Mr. SULLIVAN. H. Res. 259: Mr. LUETKEMEYER, Mr. GOOD- H. Res. 350: Mr. CONAWAY, Mr. GENE GREEN H. Con. Res. 102: Mr. LEWIS of Georgia, Mr. LATTE, and Mr. DINGELL. of Texas, and Mr. ALTMIRE. MARKEY of Massachusetts, Ms. WATSON, Mr. H. Res. 260: Ms. WATSON and Ms. WATERS. HARE, and Mr. SERRANO. H. Res. 266: Mr. HASTINGS of Florida and H. Res. 357: Mr. DONNELLY of Indiana, Mr. H. Con. Res. 108: Ms. LEE of California, Mr. Mr. MARSHALL. JOHNSON of Illinois, and Ms. CLARKE. DELAHUNT, and Mr. HALL of New York. H. Res. 267: Mr. FATTAH, Mr. WEXLER, Mr. H. Res. 360: Mrs. MCMORRIS RODGERS, Mr. H. Res. 57: Mr. MCMAHON, Mr. LINCOLN NADLER of New York, Mr. COHEN, Ms. BALD- ROONEY, Mr. POE of Texas, and Mrs. MYRICK. DIAZ-BALART of Florida, Mr. BUTTERFIELD, WIN, and Ms. EDWARDS of Maryland. H. Res. 363: Ms. EDDIE BERNICE JOHNSON of Ms. BALDWIN, Mr. WELCH, Mr. BRALEY of H. Res. 270: Mr. GOODLATTE. Texas. Iowa, Mr. MURPHY of Connecticut, Mr. WAX- H. Res. 272: Mr. HENSARLING. H. Res. 367: Ms. HIRONO, Mrs. NAPOLITANO, MAN, Mr. ENGEL, and Mr. WEINER. H. Res. 291: Mr. FILNER, Mrs. MCCARTHY of Mr. NADLER of New York, Mr. ARCURI, Mr. H. Res. 90: Ms. BORDALLO. New York, and Mrs. LOWEY. SIRES, Mr. COSTELLO, Mrs. TAUSCHER, Mr. H. Res. 156: Mrs. MYRICK. H. Res. 299: Ms. DELAURO and Mr. COSTA. CUMMINGS, and Mr. GERLACH.

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Vol. 155 WASHINGTON, TUESDAY, APRIL 28, 2009 No. 63 Senate The Senate met at 10 a.m. and was appoint the Honorable MARK WARNER, a Sen- Last night, the budget conferees filed called to order by the Honorable MARK ator from the Commonwealth of Virginia, to a conference report accompanying the WARNER, a Senator from the Common- perform the duties of the Chair. budget resolution. We expect to con- wealth of Virginia. ROBERT C. BYRD, sider the conference report sometime President pro tempore. tomorrow. PRAYER Mr. WARNER thereupon assumed the Finally, I expect the Senate to begin chair as Acting President pro tempore. The Chaplain, Dr. Barry C. Black, of- consideration of housing legislation fered the following prayer: f this week. We have not finalized that Let us pray: RECOGNITION OF THE MAJORITY with the distinguished Republican Almighty God, our guard and guide, LEADER leader and members of his caucus, but I think we are getting very close. What look with mercy upon our Senators in The ACTING PRESIDENT pro tem- we anticipate—I have filed, under rule these challenging times. Draw them pore. The majority leader is recog- XIV, the House-passed bill minus the close to You and to each other in hu- nized. mility, so that they will sincerely seek Mr. REID. I suggest the absence of a bankruptcy provision. It is con- to find common ground. Spare them quorum. templated that the first amendment from arrogating to themselves the The ACTING PRESIDENT pro tem- will be offered by Senator DURBIN, to judgments which belong only to You. pore. The clerk will call the roll. put the bankruptcy provision back in As they seek to confront history’s sur- The legislative clerk proceeded to the bill. Then after that, we would take prises, may they lean not upon their call the roll. a look at the bill to see if anything else abilities but put their ultimate trust in Mr. REID. Mr. President, I ask unan- needed to be done. But the Durbin You. Prepare them to expect and cele- imous consent the order for the amendment would include just the brate the healing intervention of Your quorum call be rescinded. bankruptcy language. There are issues powerful providence. Remind them The ACTING PRESIDENT pro tem- in this dealing with FDIC and other that You are waiting to bless them and pore. Without objection, it is so or- things we are told the banking commu- have specific answers to their ques- dered. nity and financial world needs, and we will take a look at that. That is how tions as they listen for Your voice. f We pray in the Redeemer’s Name. we will get to that legislation. We hope Amen. SCHEDULE to do that within the next 24 hours or f Mr. REID. Mr. President, following something like that. leader remarks, the Senate will pro- I have indicated to the Republican PLEDGE OF ALLEGIANCE ceed to executive session to consider leader that the next nomination we are The Honorable MARK WARNER led the the nomination of Kathleen Sebelius to concerned about is Tom Strickland, Pledge of Allegiance, as follows: be Secretary of Health and Human the Chief of Staff of the Secretary of I pledge allegiance to the Flag of the Services. There will be up to 8 hours Interior. I had good conversations with United States of America, and to the Repub- for debate prior to a vote, with a 60- Senator BUNNING last week. He has lic for which it stands, one nation under God, vote affirmation required for confirma- some questions he wants answered. He indivisible, with liberty and justice for all. tion. That is by agreement. put that in writing to the Secretary. f I would indicate we have a few speak- That has been all taken care of. Sen- APPOINTMENT OF ACTING ers on our side but not 4 hours worth. ator BUNNING said he was not worried PRESIDENT PRO TEMPORE In fact, if we get up to an hour, it will about delaying the vote but he wants be a surprise to me. So we will yield an opportunity to be able to speak in The PRESIDING OFFICER. The back a lot of that time. regard to him, and I think there are clerk will please read a communication At 12 noon we will vote on passage of other Senators who feel the same way, to the Senate from the President pro the Fraud Enforcement and Recovery so hopefully we can work that out. tempore (Mr. BYRD). Act. Then we are going to the credit card The legislative clerk read the fol- The Senate will recess from 12:30 legislation, which was reported out of lowing letter: until 2:15 today for our weekly caucus the Banking Committee. That is some- U.S. SENATE, luncheons. Following the caucus re- thing that will not be real easy to do, PRESIDENT PRO TEMPORE, Washington, DC, April 28, 2009. cess, the Senate will resume debate on but polling numbers indicate that al- To the Senate: the Sebelius nomination, with the vote most 90 percent of the American people Under the provisions of rule I, paragraph 3, expected sometime later in the after- want us to do something with credit of the Standing Rules of the Senate, I hereby noon or evening. cards so it is something we have to do.

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

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And she worked to LEADER I yield the floor. get more small businesses to offer The ACTING PRESIDENT pro tem- f health insurance coverage. Governor pore. The Republican leader is recog- Sebelius doubled the small business tax nized. RESERVATION OF LEADER TIME credit. f The ACTING PRESIDENT pro tem- Governor Sebelius’ record shows that pore. Under the previous order, the she approaches problems from all sides. GUANTANAMO BAY leadership time is reserved. She is prepared to try creative solu- Mr. MCCONNELL. Mr. President, to- f tions. She is forward-thinking. She is morrow night in Berlin, Attorney Gen- willing to work with everyone. And she EXECUTIVE SESSION eral Holder is scheduled to deliver a is not afraid to lead—even when faced speech about the administration’s plan with difficult choices and resistance to to shut down the detention facility at NOMINATION OF KATHLEEN change. That is just the kind of leader- Guantanamo Bay by the arbitrary SEBELIUS, TO BE SECRETARY OF ship that we need in the Secretary of deadline of January 2010. HEALTH AND HUMAN SERVICES Health and Human Services. Many Americans are skeptical of the Governor Sebelius has proven that administration’s decision to close The ACTING PRESIDENT pro tem- she is willing to work hard and it is a Guantanamo before it has a plan to pore. Under the previous order, the good thing because we have a lot of deal with the 240 terrorists who are Senate will proceed to executive ses- work to do. currently housed there. And Americans sion to consider the following nomina- Our health care system is broken. We were rightly alarmed by recent news tion, which the clerk will report. spend more than any other country on reports that the administration is con- The legislative clerk read the nomi- health care—more than $2.4 trillion an- sidering releasing some Guantanamo nation of Kathleen Sebelius, of Kansas, nually—and we don’t even cover all detainees into the U.S.—not to deten- to be Secretary of Health and Human Americans. tion facilities, but directly into our Services. Forty-six million Americans lack neighborhoods. The ACTING PRESIDENT pro tem- health insurance, and another 25 mil- Aside from the question of why the pore. Under the previous order, there lion Americans are underinsured—they Attorney General thinks a German au- will be 8 hours of debate equally di- have some coverage but not enough to dience should hear about the adminis- vided and controlled between the lead- keep their medical bills manageable. tration’s plans for Guantanamo before ers or their designees. That is why medical debt contributes the American people do, there are a The Senator from Montana is recog- to half of all bankruptcies—affecting number of questions about the admin- nized about 2 million people a year. istration’s plan for releasing terrorists Mr. BAUCUS. Mr. President, the Sen- American families are struggling to into the United States that I hope the ate confirmed the first member of keep up with the high costs of health Attorney General will address tomor- President Obama’s Cabinet more than 3 care. And American businesses are row night. months ago. Today, we are here to fin- straining to absorb these rising costs Queston No. 1: What is the legal basis ish the job. while trying to stay competitive at for bringing these terrorist-trained de- It has taken some time to get here. home and abroad. tainees to the United States, given But now we have a great nominee to be The path that we are on is not sus- that Federal law specifically forbids Secretary of Health and Human Serv- tainable. We must inform our health the entry of anyone who endorses or es- ices. care system and we must do it now. pouses terrorism, has received terrorist Today, we will vote to confirm the Failure to address problems in the training, or belongs to a terrorist nomination of Governor Kathleen health care system will undermine our group? That is U.S. law. Sebelius to be Secretary of HHS. She is efforts to restore the economy. Question No. 2: Can the administra- the right person for the job. We need a health care system that tion guarantee the safety of the Amer- Governor Sebelius comes to us with a meets all of our needs. A high-per- ican people, particularly in the neigh- long list of qualifications. She is a true forming health care system would borhoods where these terror-trained de- public servant. For more than 6 years, guarantee all Americans affordable, tainees will live? she has served as Governor of Kansas. quality coverage no matter their age, Question No. 3: Will the residents of For 8 years, she served as the Kansas health status, or medical history. the communities where these men will Insurance Commissioner. And for 8 Health care reform will help to sta- be released be made aware of it? years before that, she served in the bilize our economy and it will make Question No. 4: Will these trained Kansas State Legislature. sure that we are prepared to handle our terrorists be allowed to travel freely Governor Sebelius has devoted a ca- long-term fiscal challenges. anywhere in the United States? reer to serving the public. She under- Congress has made a good start to- Question No. 5: What will their status stands the legislative process. She un- ward reform. But there is still a long be? Will they be allowed to stay here derstands the administrative process. way to go. permanently? Will they be eligible for And she has experience working with Last year, we in the Finance Com- citizenship? Will they receive or be eli- the private sector, too. Governor mittee started the process by holding gible to receive taxpayer funding? Why Sebelius has earned the respect of Re- ten different health reform hearings. did no other country agree to accept publicans and Democrats alike. We learned about the problems in our them? What threat do these men pose Governor Sebelius knows a lot about current system and started to develop of returning to terrorist activities and health care. She is committed to pro- solutions. what threat assessments have been tecting people and getting them the In June, along with my colleague conducted to evaluate whether these health care that they need. As Gov- CHUCK GRASSLEY, I hosted a day-long men will attack U.S. troops on the bat- ernor, she worked hard to make sure health care summit for the Finance tlefield or Americans at Embassies that Kansans—especially kids—had ac- Committee at the Library of Congress. abroad? cess to quality health insurance that We engaged our colleagues in the There are now less than 300 days they could afford. And as Insurance process early on. In November, I re- until the President’s Executive order Commissioner, Governor Sebelius leased a white paper, ‘‘A Call to Ac- mandates the closure of the secure de- blocked a merger that would have tion,’’ to outline my vision for health tention facility at Guantanamo and made insurance unaffordable. care reform. Since then, I have been

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Mr. Presi- has a long-term record of building ator KENNEDY and the HELP Com- dent, let me say at the outset how bridges between parties. mittee, to come up with meaningful, grateful all our Senate colleagues are Health care reform is too important comprehensive health reform legisla- for your leadership on the terribly im- not to have this kind of consensus- tion we could pass this year. portant issue of health care reform. building activity. Governor Sebelius Last week, the Finance Committee As we think about economic recov- has the background. Governor Sebelius held the first of three roundtables. We ery, I think most Members of the Sen- has the track record in health care. I discussed delivery system reform. To- ate realize there will not be true com- can speak, personally, that she has the morrow we are walking through some prehensive economic recovery in this temperament to work to try to bring policy options. In the coming weeks, country unless we can also take on the both sides together. we will have two more roundtables and massive challenge of reforming our I would also add, I think most of us work through other policy options in health care system. The current costs in these last few days have not been other areas. of our health care system, $2.4 trillion able to pick up a newspaper or talk to Senators will weigh the options. and rising, are costs that are not sus- our constituents back home without They will contribute to the process. By tainable over the long term. hearing about growing concern about June, we will be ready for a Finance I applaud the President’s activities in the possibility of a swine flu pandemic. Committee markup. We are working this effort and his efforts to try to This challenge has already paralyzed together to make good progress, but bring about the kind of bipartisan con- the country of Mexico and is one that Congress cannot do this alone. Con- sensus on health care reform the Na- we all are following very closely, par- gress needs a strong partner at HHS to tion so desperately needs. That is why ticularly the possible rise of cases in pass comprehensive health reform. I think it is so important that later the United States. This challenge, po- We are developing a framework that today the Senate act rapidly in the tentially confronts our Nation in a will change how health care is deliv- confirmation of Gov. Kathleen very dramatic way. It is essential for the health of the ered. But we need a first-class Sec- Sebelius. retary and team at HHS to help get re- I have had the opportunity to get to Nation that President Obama has in form off the ground and to make it know Governor Sebelius during my place, and the Nation has in place, a work. I look forward to working with tenure as Governor of Virginia. I have strong Secretary of Health and Human Governor Sebelius to make sure our worked closely with her on a range of Services to make sure our Federal ef- bill can be implemented. I wish to issues, particularly issues revolving forts on this potential pandemic are make sure we send the Secretary a around Medicaid reform. There is no ably coordinated—one more reason product that sets the rules of the game. issue that confronts States across the why it is critical this body moves We wish to make sure we also give the country more than the rising cost of quickly to confirm the nomination of Department and agencies the flexi- Medicaid. Governor Sebelius. I know we will act bility they will need to play their part As we take on health care reform at on this later today. But I believe, from a personal stand- effectively. the Federal level, reform of Medicaid is point, Kathleen Sebelius will be a great It will be a long and iterative proc- a critical component, and Governor addition to President Obama and to his ess, with a lot of back and forth. I am Sebelius has a long record of working Cabinet and will be a great partner to pleased we will be able to get started with other Governors all across the you, Mr. President, and our colleagues quite soon. country, from both parties, in this im- Governor Sebelius is the right person portant area. in making sure we bring about health for the job. She has political experi- As the Presiding Officer laid out, she care reform quickly, rapidly, and prop- ence, determination, and a bipartisan brings a unique set of skills to the erly this year. Mr. President, I yield the floor and work ethic to get the job done. She has challenge: Former State legislator, ask that the time of the quorum call be been an insurance commissioner, and former State insurance commissioner, charged equally against both sides. and now a two-term Governor of Kan- she knows the nuts and bolts of the The PRESIDING OFFICER. Without sas. As we strive in this body to try to health care system. She has been a objection, it is so ordered. Governor, so she knows how to work reach bipartisan consensus on this ter- The clerk will call the roll. with Democrats and with the Repub- ribly important issue, no one brings a The legislative clerk proceeded to licans; that is her inclination anyway. better record of working across the call the roll. I have no doubt Governor Sebelius aisle to reach that bipartisan con- Mr. COBURN. Mr. President, I ask will continue to show her commitment sensus than Governor Sebelius. unanimous consent that the order for to public service as Secretary of Health Governor Sebelius has a legislature the quorum call be rescinded. and Human Services, and the American that is overwhelmingly of the opposite The ACTING PRESIDENT pro tem- people will benefit from her service. party, but her overwhelming reelection pore. Without objection, it is so or- Let us finish the job in confirming and her ability to show tangible efforts dered. President Obama’s Cabinet. Let’s place in the area of health care reform in Mr. COBURN. Mr. President, over the a fine public servant in office, and let’s Kansas gives her the appropriate back- past 8 weeks, there has been a Senator confirm Gov. Kathleen Sebelius to be ground to take on this challenge in the in here who has struggled with the Secretary of HHS. national debate. birth of twin granddaughters born at 30 Mr. President, I wish to yield 5 min- For example, Governor Sebelius weeks, to a first-time mom, his son’s utes to the Senator from Virginia, Mr. worked with her legislature and her wife, and went through a struggle that WARNER, for him to speak when he can small business community to signifi- was near death multiple times. get recognition. Pending that recogni- cantly increase tax benefits to small But yet today, I am pleased to an- tion, I suggest the absence of a business for healthcare; employees in nounce that those two baby girls are at quorum. this area of our economy are often- home with their parents, thriving, The ACTING PRESIDENT pro tem- times left behind. Governor Sebelius thriving now, life held in the balance, pore. The clerk will call the roll. recently worked with her legislature as brought out of that balance by modern The legislative clerk proceeded to well on a dramatic expansion of the medicine. Now they will be successful, call the roll. SCHIP program, a legislative initiative contributing citizens, with potential Mr. WARNER. Mr. President, I ask that was actually introduced by the that will be manifested in millions and unanimous consent that the order for Republican legislative leadership. millions of ways that we can all look the quorum call be rescinded. Again, she worked in concert with the forward to and accept as a natural re- The PRESIDING OFFICER (Mr. BAU- opposite party. sponse to our procreative abilities. CUS.) Without objection, it is so or- As we move forward on the issue of Why do I bring that up? There was dered. health care reform, which I know the not anybody in this room, and probably

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4768 CONGRESSIONAL RECORD — SENATE April 28, 2009 anybody listening, who did not smile It does not recognize the complexities the way to oblivion as a nation when when we talked about the potential of of the management organization at we empower those who don’t recognize two new young children, two new HHS, the difficulties they have in the value of life in positions that young girls who are going to make an terms of carrying out their charges. It should be guarding that very precept impact, maybe just locally, maybe just recognizes past performance in a polit- and foundational principle of the Re- in their family, maybe nationally. But ical arena and equates that as capa- public. My hope is that the American the fact is we have joy when we see bility in a management arena. If we people, who by 88 percent think this is that kind of outcome. continue to measure political success an atrocious procedure and should The reason I tell that story is be- and confuse it with the ability to have never be done, no matter what param- cause it fits who we are as human management success, we will continue eters are put on it, will wake up and beings. It fits with our idea of the pur- repeating the same mistakes in both say: What are we doing? What are we suit of life, of liberty, and of happiness. Republican and Democratic adminis- doing? That right is guaranteed to us under trations. For those reasons, and those reasons the Constitution. My largest worry is not in the short alone, I will vote against the nomina- Kathleen Sebelius is, undoubtedly, a term, it is in the long term. What our tion of Kathleen Sebelius. public servant to be honored for her country lacks today, what it yearns for I suggest the absence of a quorum years of commitment in the roles she today, what it deserves today is coura- and ask unanimous consent that time has held. But I believe she has a drastic geous, moral leadership, not political under the quorum call be divided and fatal character flaw and it is this: leadership. It is OK to have a debate equally. She still believes that if a woman came about the controversies society faces. The ACTING PRESIDENT pro tem- with those twins at 30 weeks, to a doc- It is not OK for us to run because we pore. Without objection, it is so or- tor in Kansas, and she wanted to abort are going to get hit by the press be- dered. them, even though they are viable, cause we take a position that is dif- The clerk will call the roll. that would be fine. ferent from that that is politically cor- The legislative clerk proceeded to Now we are about to put someone in rect but is based on moral certitude call the roll. charge of Health and Human Services that all life has value. Yet we run from Mr. BENNETT. Mr. President, I ask of this Nation who has this vital flaw the debate, the true Lincoln-Douglas unanimous consent that the order for of not recognizing the value of these type debates that held open the soul of the quorum call be rescinded. two young children’s lives. What does America, so we can decide not on the The ACTING PRESIDENT pro tem- it say about where we are going to go? basis of opinion but on the basis of his- pore. Without objection, it is so or- What does it say about the judgment torical fact. The basis of historical fact dered. process under which we applaud her is this: When societies quit valuing life, THE BUDGET service but do not recognize this one societies fail to flourish. Mr. BENNETT. Mr. President, we are critical flaw that says: Individuals can We have a nominee who, for whatever in the midst of a nomination discus- decide what individuals have life. reason, vetoes a bill that says: If you sion, and that takes place in the midst We do that collectively under the are a doctor, you ought to explain of a health care discussion. Last night, law. But we do not do it collectively yourself if you are going to take the the House and Senate conferees struck and discriminately on the basis of life of a 26-week infant in utero. You an agreement on the budget resolution making decisions that someone ought should have to get a second opinion. that will clear the way for final votes not to have life at the very beginning. You ought to demonstrate that you are later this week, but it includes rec- I believe that is a disqualifier. I be- doing what is in the best interest of the onciliation instructions for health care lieve as we embrace more and more mother and child. and student loan forms which are quite people into leadership roles in our Gov- It is hard to demonstrate a best in- controversial. We are told the rec- ernment who walk away from this very terest for a child when you turn it onciliation would not be used until basic characteristic of human exist- around in the womb, deliver it two- after October 15, and some might find ence, this very basic necessity that rec- thirds of the way out, and then destroy that reassuring. I am not one of those ognizes the value—we are not talking it. That is a debate we ought to have. who does because if we are going to about a first-trimester abortion, we are It doesn’t just apply to the issue of deal with the health care problem, we talking about snuffing life from viable abortion and unwanted pregnancy; it is must recognize that it is enormously children. a barometer of the soul of the Nation. complex. I am also unsettled as to her beliefs We offer no excuse that can be recog- Health care spending is projected to under the conscience protection for nized as valuable for the betterment of be 17.6 percent of our GDP, which is health care providers. If, in fact, you society when we don’t have that funda- nearly one-fifth of our economy, and a think it is OK to take a 36-week child mental debate. bill dealing with that is going to have in the womb who is an inconvenience There is a flaw, a critical defect in to be scored by the CBO before any for someone and that we, as a society, this nominee. If you are going to be committee can report it out. At the can’t handle that, our choice is to snuff charged with the health and services moment, there is only one bill with re- it out, how far does it go before we re- that relate to health and humans in spect to health care that has received a quire the provider community to snuff this society, that you are confused on CBO score. It is the bill offered by Sen- it out? There were no assurances given this issue about transparency and ac- ator WYDEN and myself, along with 12 in her testimony that that will not countability of taking the life of an un- cosponsors, known as the Healthy happen. We have already seen the born child is a nonstarter with me, not Americans Act. It has been scored by Obama administration work to look at because I dislike Kathleen Sebelius. the CBO as revenue-neutral during its reversing the guidelines from the last She is a wonderful lady. But she lacks first 2 years and then saving money for administration clarifying particularly part of the moral clarity that is re- the Federal Government thereafter. what the providers’ roles are. It says a quired to lead this Nation in the future With 12 cosponsors—a mixture of both lot about where we are as a society, and to correct where we are off course Republicans and Democrats—it would about our misplaced values. on so many issues. Her ability from the seem to me that this would be the bill The other problem I have—it is one I start, the first day she is sworn in, will from which we begin our discussions in have never voiced before from this be compromised by her position on this a truly bipartisan manner, and it Chamber—is the idea that we as politi- issue. The confidence she will require would not require the straitjacket of cians embrace somebody for a position of the Members of Congress who relate reconciliation to make it possible for because they are a politician, because to this foundational principle of liberty the majority to move ahead. We have a they have spent years being a career as an inalienable right and life as an score. We have a framework. We have politician, and that that qualifies inalienable right will undermine her language. It is not perfect. Even some them, the Governor of a very small from the start. of the cosponsors have indicated that State population-wise, to handle and I have no doubt she will be approved in its present form they might vote lead on all these areas of health care. today. I mark it as another signpost on against it, but at least it is a place to

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4769 begin. It is a place to start the con- their access to a doctor. If you haven’t a statue of Sojourner Truth in Stat- versation. We do not need the kind of learned that trick, you wait for 3 uary Hall today—the first African- enforcement of majority rights that months, 6 months, whatever. This is American woman to have a statue in reconciliation would give us. the kind of Government-run public the Capitol. She will be the 12th To start over again fresh with a pro- health plan Governor Sebelius has indi- woman depicted in works of sculpture posal from the administration would cated that she would support. among the 92 sculptures of our male mean that a bill has to be drafted— There is also the troubling problem leaders. From this day forward, So- something we have already done; the that she failed to disclose relevant in- journer Truth’s groundbreaking work bill would have to be referred to CBO— formation to the Finance Committee advancing the basic rights of women something we have already done; CBO with respect to her taxes. We have had will be given its due prominence beside would have to go through the difficul- that happen with other Cabinet nomi- so many other great Americans in the ties of scoring it—an enormous chal- nations, and it has become something seat of our democracy. lenge. I don’t believe they would be of a cause celebre with many Ameri- Sojourner Truth was born Isabella able to get all that done in a timely cans who are following this. It has be- Baumfree as a slave in 1797 who never fashion. Then we would be told on the come the butt of jokes on the late- learned to read or write, yet became an floor: Well, we have run out of time. night talk shows. It is unfortunate that all-important messenger for truth and We have to deal with health care so we she has fallen a victim to that as well. equality. Although beaten and branded, are going to move to reconciliation as She has also been less than forth- she responded with dignity and faith the way to jam the thing through in a coming with respect to her relation- rather than hatred and violence. Her hurry. Let’s understand right here in ships with some of her political donors. views were shaped not only by her per- the beginning that that kind of activ- She had a political relationship with a sonal hardships—enslavement, daily ity is not required. doctor who was involved in partial- beatings, grueling work, and seeing her Let’s turn to Gov. Kathleen Sebelius birth abortions and was obviously anx- 13 children kidnapped and sold away— and her role with respect to the health ious to see to it that he had access to but also from an innate understanding care debate. My normal pattern has al- public officials who would support him that equality is an inalienable Amer- ways been to say that the President in that. That is an issue which carries ican right and should not be ascribed has the right to whomever he wants, a great deal of influence with my con- based on gender or color. and I have not voted against Presi- stituents, and it is another one that Once freed from bondage in 1817, she dential nominees unless I felt they troubles me. changed her name to Sojourner Truth, were completely inappropriate or in- So while I think Governor Sebelius telling her friends that the spirit had capable of carrying out their duties. might be well qualified for some other called her to speak the truth for jus- I have respect for Governor Sebelius. position, I do not intend to support her tice. She then traveled our Nation I think she is a valuable and poten- for this position. As we deal with speaking honest words about the short- tially productive appointment for the health care problems, the Secretary of comings of the American dream—the President, but I have reluctantly come Health and Human Services is a key stain that slavery and injustice im- to the conclusion that she is the wrong player in helping us solve this problem, posed on America’s life and laws and appointee for this particular assign- and I believe she carries a little bit too noting for all to see where the reality ment. She has backed a partisan proc- much baggage for this particular as- failed to reflect the noble tenets of our ess for health care reform. She refuses signment. Founding Fathers. She dedicated her to support patient safeguards and com- So once again we have the framework life, indeed, she risked her freedom, to parative effectiveness research, and, for a bipartisan solution. It can be the oppose the trappings of injustice and perhaps most strongly for me, she has beginning point of the discussion. A prejudice. already endorsed a Government-run bill has been written around it, and it Despite being born into slavery, public health care plan, something I has been scored by the CBO. Why don’t stripped of any legal standing, protec- would have to vote against. I think we start with that instead of threat- tion, or property, and denied any ac- most of my colleagues—if not all of my ening reconciliation for a whole new cess to education, Sojourner Truth un- colleagues on the Republican side— program that might start with the ad- derstood that freedom and equality are would vote against it, not for partisan ministration? fundamental rights. Embracing our reasons but for the flat fact that it I thank the Chair and yield the floor. greatest traditions and arguing with doesn’t work. We have seen examples of The ACTING PRESIDENT pro tem- simple passion that neither gender nor that throughout the world, and we un- pore. The Senator from New Hamp- color could overpower justice, she dem- derstand it doesn’t work. shire. onstrated a courage and a conviction I have constituents who have rel- Mr. GREGG. Mr. President, I under- that compels us to act today, almost atives and friends in Canada who come stand the Senator from New York 125 years after her death. to me and say: Based on our experience wishes to be recognized for 5 minutes, Sojourner Truth raised her voice with our relatives and friends in Can- so I ask unanimous consent that I be without a chorus of women behind her. ada, we absolutely do not want a Cana- recognized for 10 minutes following the Most abolitionists questioned her de- dian system. This is just an anecdote, Senator from New York. termination to link women’s rights but it is illustrative of the kind of The ACTING PRESIDENT pro tem- with the abolition of slavery. She re- thing that goes on in the Canadian sys- pore. Without objection, it is so or- jected their concerns, asking them the tem where they ration care by delay. dered. direct question they couldn’t avoid: They don’t ration it by regulation, The Senator from New York. ‘‘And ain’t I a woman?’’ With those few they simply ration it by delaying the Mrs. GILLIBRAND. Mr. President, I words, she refused to parse justice. ability of people to get access. As has ask unanimous consent to speak as in With those few words, she forced audi- been reported to me, if you can dem- morning business for 5 minutes and ences past and present to recognize onstrate as you go into the Canadian that Senator GREGG be recognized fol- that human dignity and respect are system that there is some problem re- lowing my remarks. part and parcel of who we are as Amer- lated to heart disease, you get moved The ACTING PRESIDENT pro tem- icans—male or female, African-Amer- to the head of the line. So some of my pore. Without objection, it is so or- ican or Caucasian, educated or not. So- constituents have told me that their dered. journer Truth represents the courage relatives in Canada have discovered SOJOURNER TRUTH that the American ideal imparts and that if they go to see a doctor with a Mrs. GILLIBRAND. Mr. President, calls all of us to action. cold or with the flu or with some other today is a very special day for me. As As we honor this bold, daring New problem, they always say, ‘‘And this a woman and a New Yorker, it thrills Yorker today, I am also proud that threatens my potential for heart dis- me that today we are honoring one of New York has time and time again ease’’ in an effort to get ahead of the the earliest and greatest figures in the helped to foster those who have chosen line and move forward in the Canadian history of women’s rights and civil to carry on her fight. Today, I can system that would otherwise delay rights: Sojourner Truth. We are placing think of at least two others committed

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They Regrettably, the budget as proposed Truth were not left only as lessons of felt that the unfinished portion of the by the President, which has been history, but they stood as a beacon of monument to suffragists was surely in- worked on here by the Senate Demo- hope for the next generation to carry tended to hold the image of Sojourner crats and the House Democrats, puts the torch one mile further. One of the Truth. After long consideration, it was forward a picture that basically almost next in our history to carry on the determined to carve a unique place for guarantees our children will be inher- cause for equal justice was Eleanor Sojourner Truth—appropriately so as iting a nation with a government that Roosevelt. the first statue in Emancipation Hall. is nonsustainable. The President’s Eleanor Roosevelt could have been And now it stands erect in the Cap- budget proposed a trillion dollars of content with a life defined by privilege itol Visitors Center for all to see. As deficit, on average, for the next 10 and limited education. But like So- the Senator from their home state, I years. That is a number that is hard to journer Truth, she travelled the nation am so grateful to be here today to comprehend. But to try to put it into and indeed the world to fight for equal- honor Sojourner Truth. Her courage perspective, the effect of that number ity and human rights. Like Sojourner and her vision are timeless and bold is that the debt of the United States Truth, Eleanor Roosevelt raised her and brave—Her statue will be a con- will double in 5 years and triple in 10 voice to attack segregation and gender stant reminder that our rights must years. If you want to put it in another bias. Like Sojourner Truth, she risked never be take for granted and that with perspective, take all the debt created her life to practice what she preached these rights come the responsibility to since the founding of our Nation, from and to hold us accountable when we enforce them. George Washington through George W. wanted to turn our back on justice and To honor Sojourner Truth and all Bush—all that debt that has been American ideals. Like Sojourner women before us, we continue that added to the backs of the Nation’s peo- Truth, Eleanor Roosevelt told us that struggle as there is still much to do. ple—and President Obama’s budget we ‘‘must hazard all we have’’ to make Today the fight is for equal pay and doubles that debt in 4 years, which is a the American dream real. She told us recognition in the workplace. Even in staggering event. that employment, housing, education, 2009, for every dollar a man earns, a The implications are pretty dramatic health care policies that favored the woman makes just 78 cents. And the for the next generation. The public privileged undermined us all, that disparity is even worse for women of debt of the United States will go to 80 women had a critical role and responsi- color, with Latino women earning only percent of GDP fairly quickly under bility, and encouraged women to run 53 cents and African-American women this proposal. The historic public debt for office, to organize, to get out the earning 62 cents on the dollar. Working of this country has been 40 percent of vote, and to reach across party, gender, women and their families stand to lose GDP. That means the amount of debt and racial lines to get the work done. $250,000 over the course of their career out there in relation to the size of the Eleanor Roosevelt took this same de- because of pay inequity. It is unaccept- economy will have doubled. termination with her to the United Na- able, and it needs to change. The Pay- That has dramatic ramifications. For tions where, like Sojourner Truth, she check Fairness Act introduced by then- example, at that level of public debt used strength and grace to advance the Senator Hillary Clinton and Rep. ROSA through the economic activity in our recognition of equal rights. Embracing DELAURO is an important step towards country, we as a nation would not be her responsibility as the only woman that goal. I proudly join in helping allowed to enter the European Union on the American delegation and one of carry Secretary Clinton’s work to- because we wouldn’t meet their stand- the few women delegates to the Gen- wards equality here in the Senate. ard for fiscal responsibility. Countries eral Assembly, she played an instru- These steps towards equality for all such as Latvia, Lithuania, and mental role in drafting the Universal are our duty. As Eleanor Roosevelt Ukraine, which all have very serious Declaration of Human Rights in 1948, often said, ‘‘we are all on trial to show issues, might qualify for the European especially the concept as stated in arti- what democracy means.’’ We have Union, but we would not because of the cle 1, that ‘‘all human beings are born made such important strides, but we fact that our debt was so high as a per- free and equal.’’ still have a long way to go. centage of our economy. It means our Just as Sojourner Truth had done in The PRESIDING OFFICER (Mr. people, who have to pay that debt, will a century before and Eleanor Roosevelt UDALL of New Mexico). The Senator have to pay an inordinate amount of had done decades earlier, the cause was from New Hampshire is recognized. taxes in one of two ways to pay that enlisted by another great woman. Rec- THE BUDGET debt off. Either they will have to pay ognizing that equality had not yet been Mr. GREGG. Mr. President, I rise to more taxes because the Federal Gov- achieved, Hillary Clinton stood and speak about the soon to be pending ernment will inflate the money supply fought for the rights of women. As first issue of the budget. We are told that in order to pay off this debt, which is lady, Hillary Clinton understood the the Democratic membership of the the worst tax there is—inflation—be- political costs of speaking out forth- House and Senate reached agreement cause it takes away the savings of all rightly for women’s rights and human last night on the budget proposal. They of the American people or you will rights. Yet like Sojourner Truth and didn’t seek our advice or counsel on it. have to significantly increase taxes on Eleanor Roosevelt before her, she It is pretty much the outline of the every American, not just the high-in- would not ignore the rights and needs budget as requested by the President. come Americans, as was represented by of women despite the possible diplo- There has been a lot of discussion this President that he wants to do, and matic repercussions. about whether the President inherited the Democratic Congress and Senate She travelled to China in 1995 and a terrible situation. I think he did, said they want to do; all taxes will stood before the world to oppose injus- from a fiscal standpoint. He has had have to go up astronomically in order tice and to proclaim that ‘‘once and for difficult issues to confront relative to to pay for the debt. all, women’s rights are human rights stabilizing our financial industry and What is driving this massive expan- and human rights are women’s rights.’’ trying to get the economy going and sion of debt our children and we are How Sojourner Truth must have rel- addressing the issues which most going to have to pay as a result of this ished that moment. From Akron, OH, Americans are concerned about, which budget that is proposed by the Presi- Beijing, China—from newspapers to the is their jobs, the value of their homes, dent? Well, it is spending. Very simply, Internet and C-SPAN—their message the ability to pay their bills, and to it is spending. The President proposed, spanned the globe. send their kids to college. and the Democratic Congress will bring Hillary Clinton played an instru- What the President inherited is im- forward, a budget that significantly in- mental role in the dedication we cele- portant, but what he is bequeathing to creases the spending of the Federal brate today. Hillary Clinton and SHEI- the next generation is even more im- Government. Historically, the spending

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4771 of the Government has been about 20 The other side of the aisle games that Let me point out to you that $550 bil- percent of the GDP. Under this budget, number. lion is too big. It is like saying we are it goes to 22 percent, 23 percent, 24 per- In the area of the doctors’ fix, every going to take six steps backward and cent, 25 percent—it gets up to levels year we know we are going to have to two steps forward and claim we are that have never been seen, except dur- pay doctors a reasonable amount for moving in the right direction. Of ing the time of World War II. They are their services under Medicare. Unfortu- course they are not. Equally impor- unsustainable levels of spending. It is nately, we have a law in place that tant, the $500 billion number is a total being done with a pure purpose, which keeps cutting that amount. This year fraud. It is a fraud on the American is, I guess, to Europeanize the Amer- it will be cut almost 20 percent over people brought forward in this budget. ican economy and the American Gov- the baseline, in an arbitrary and fool- Please, please, please do not subject ernment, to basically have the Govern- ish way. We should fix this perma- the American people to this sort of dis- ment become the largest and most sig- nently, but we don’t have the courage ingenuousness. At least have the integ- nificant player in our economy and to to do it because of the effects on the rity the President had when he pre- dominate all aspects of our economy budget. So we have used all sorts of sented the budget of accounting for because of its size. gimmicks over the years—and every- what we know are real numbers, such The President is very forthright body admits to this—so that we didn’t as AMT, the doctors fix, and the health about this. He says he believes that by have to fix that over a long period of care reform initiative proposed by the growing the Government significantly, time and correct that problem, even President and supported by the other he can create more prosperity. Those though we know every year we are side of the aisle. on our side of the aisle disagree with going to adjust and make that pay- That is the substantive problem with that. We believe a government has to ment to doctors. this budget; that it creates all this be affordable for a nation to have pros- Well, the President was forthright debt, all this spending. It takes the perity. We also think prosperity and he said, listen, that is not fair, Government of the United States and doesn’t come from the Government, it honest accounting. We are going to tell lurches it to the left. It Europeanizes comes from individuals who are willing you exactly what the doctors’ fix costs, our Nation, for all intents and pur- to take risks and go out and create and we are going to account for it in poses, and passes on to our kids a gov- jobs by taking those risks. This is a the budget. ernment that is not sustainable. fundamental disagreement. This budg- What does the other side of the aisle It is ironic that we hear from the et lays that out precisely. do? They hide that number again. They Budget chairmen, both in the Senate We are going to hear from the other go back to the old rules. Those two and the House, that the outyear num- side of the aisle the most disingenuous items alone represent $100 billion of an- bers are unsustainable under this budg- discussions about how they have been nual spending, which is being put under et. The outyears are so unsustainable much more responsible on the budget, the rug. The President was honest under their budget that they elimi- while they claim they are doing ex- enough to talk about it, but this Demo- nated the last 5 years of the budget. actly what the President is doing in his cratic Congress and Senate, in an at- The President sent up a 10-year budget budget. The reason they make that tempt to obfuscate the issue for the to have some integrity around here. statement is because they cook the American people, because they don’t The other side of the aisle said: My books. At least the President was want to tell the people how much goodness, we can’t tell the American forthright and he came forward with a money they are spending, they stick people what is going to happen to them budget—except in the area of defense— that $100 billion under the rug. over the second 5 years. It is bad which set forth in a reasonably honest Then there is the health care reform. enough what we are going to do to way what the costs to the Government At least the President—even though I them in the first 5 years. We are going were going to be and, as a result, it re- disagree with some of his philosophies, to eliminate the second 5 years and do flected the fact that because of his and I hope we can have a bipartisan ap- a 5-year budget and not tell them huge commitment in new spending pro- proach, and I support the Wyden-Ben- about the second 5 years. grams, the cost of Government was nett bill floating around this Con- Both Democratic chairmen of both going to be extraordinary, and the gress—at least the President, in pro- committees in the House and Senate amount of debt that was going to be posing his health care reform, said he have said we are on an unsustainable added to the books of the Government was going to account for paying for path. What do they do about the and the backs of the American people half of it—$600 billion he put into the unsustainable path? They hide the was going to be untenable and budget to pay for his health care re- numbers under the table, they do not unsustainable. form. He acknowledges that is about admit to the spending, they allow the The other side of the aisle, I guess be- half the cost of a $1.2 trillion program spending to go up radically, and there cause they recognize they are going to over the time of his budget. is absolutely zero—zero—savings on be up for election before the President, What does the other side of the aisle the spending side of the ledger, espe- doesn’t want to have those numbers do when they bring this budget for- cially in the entitlement accounts out there. So they have gone back and ward? They don’t account for any of which is at the core of what is driving played a lot of games with the numbers it—none of it. It disappears off the the outyear problem. the President sent up. For example, the books. Not only is the $1.2 trillion not Ironically, a couple of the ideas the President honestly represented the fact there, the $600 billion is not there. How President sent up to save money were that we are not going to get revenues outrageous, to claim they are going to dropped, simply dropped. For example, from the alternative minimum tax, be- bring the deficit down to 3 percent of he proposed some savings in the agri- cause every year we basically limit the GDP in 2014, when they have basically culture accounts which were very rea- amount of applicability of the AMT. hidden under the rug the AMT cost, the sonable. They disappeared. He proposed But the baseline reflects a huge income doctors’ fix cost, and the most signifi- some savings in the Medicare accounts of the AMT. It says 20 million people cant fiscal issue, health care reform. It which were very reasonable. They dis- are going to pay it. But we are not is so disingenuous, it is almost unbe- appeared. But that is a minor story going to allow that to happen, because lievable. But they are going to do that, compared to the trillions of dollars of it wasn’t designed to affect 20 million and I suspect it won’t be covered in any new debt that is going to be put on the people but the top income producers in depth. To claim they are going to cut backs of our children. this country—probably less than a mil- the deficit in half, which is a classic By the time this budget has run its lion people. So every year we basically example of language over substance, course, it will have added well over $9 change the law so that for that year will be the mantra of the day. They say trillion, under the President’s calcula- the AMT doesn’t apply. The President they are going to cut the deficit in tions, to the debt of the United States. was forthright and said I know that half. They claim they are going to cut Who is going to pay that? Who is going will happen and I am not going to ac- it by 75 percent, because they are going to pay that? First off, who is going to count for this revenue that never to take a $1.8 trillion deficit and alleg- lend us the money? At some point, the comes in. So he scored the AMT fairly. edly cut it to $550 billion in 4 years. countries that are lending us this

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4772 CONGRESSIONAL RECORD — SENATE April 28, 2009 money, the international community onion ring; there is basically nothing down and don’t make us into the House that looks to us and lends us money so left but air in pay-go. of Representatives and don’t essen- we can run these massive deficits, is When the Blue Dogs on the other side tially convert our constitutional form going to say: Why? Hold it. We don’t of the aisle start marching around: We of Government, which is checks and know if they can pay off all this debt. have pay-go, we have pay-go, somebody balances, into a parliamentary form of At that point, the value of the dollar is ought to point out to them that their Government, where there are essen- at risk. At that point, the ability of us banner does not have a flag on it. Pay- tially no checks and balances on the to sell debt is at risk. At that point, go was taken down under health care majority once it has an overwhelming our Nation starts a downward fiscal rules and under the rest of this bill. It position. That is what is being pro- spiral which will be extraordinarily may make for a good press release, but posed in the bill when it pushes rec- disruptive and dangerous for us as a it sure as heck doesn’t have any sub- onciliation as an option for the major- nation. This is not a good path to be stance to it. ity party in the area of health care re- on. The second procedural event, of form. It is unfortunate. There are also a couple technical course, is this issue of reconciliation, I appreciate the courtesy of the points that should be pointed out be- which is a major issue for us on our Chair. cause they are procedural points that side of the aisle, and it should be for I ask unanimous consent that all have massive policy implications. the Senate. When the Senate was con- quorum calls during debate on the First, of course, is this really pyrrhic structed, when our constitutional form Sebelius nomination be equally claim they are using pay-go as a dis- of Government was put together, the charged to both sides. ciplining mechanism. How many times idea was to have balance so we had a The PRESIDING OFFICER. Without have we heard that pay-go is going to House of Representatives where things objection, it is so ordered. be used to discipline spending. My might happen quickly, but when it got Mr. GREGG. Mr. President, I suggest goodness, in the last Congress, which to the Senate, there would be an air- the absence of a quorum. was dominated by the Democratic ing, a hearing, consideration, and there The PRESIDING OFFICER. The Party, if I recall correctly, the House would be due diligence on issues. That clerk will call the roll. and Senate both being democratically is why it was George Washington who The assistant legislative clerk pro- led, pay-go, which was supposed to dis- described the House as the cup with the ceeded to call the roll. cipline the fiscal process around here, hot coffee in it and the Senate as the Mr. MERKLEY. Mr. President, I ask was waived almost 20 times—either saucer into which the hot coffee is unanimous consent that the order for waived, avoided or circumvented al- poured so it can be cooled down a little the quorum call be rescinded. most 20 times. Those exercises cost us bit. The PRESIDING OFFICER. Without almost $400 billion in spending that The Senate is institutionally and objection, it is so ordered. should have been offset. So pay-go be- constitutionally structured to be the The Senator from Oregon is recog- came ‘‘Swiss cheese-go.’’ It had no place where we have debate, we have nized. value and was a worthless purpose, discussion, and we have amendments. Mr. MERKLEY. I thank the Chair. other than to make a political speech That is the whole concept behind the (The remarks of Mr. MERKLEY per- and claim on the stump: Oh, I am for Senate, especially on issues of massive taining to the introduction of S. 911 are fiscal discipline. I am for pay-go. Of public policy implications, and there is printed in today’s RECORD under course, when you voted in the Senate probably nothing we are going to take ‘‘Statements on Introduced Bills and over the last 2 years, if you made that up on the domestic side of the ledger Joint Resolutions.’’) speech and up for reelection and you that has a bigger public policy implica- Mr. MERKLEY. Mr. President, I were a Democrat, you basically waived tion than the rewriting of our entire yield the floor, and I suggest the ab- pay-go, circumvented pay-go or avoid- health care system. sence of a quorum. ed pay-go to the tune of $400 billion in Yet what is being proposed is that The PRESIDING OFFICER. The new spending. this rewrite of the entire health care clerk will call the roll. Now we have the House Blue Dogs system be done in a way that allows Mr. BUNNING. Mr. President, I ask saying: We are going to get tough pay- the Senate only 20 hours of debate, unanimous consent that the order for go language back in place. I have to ex- with essentially no amendments and the quorum call be rescinded. plain something to the House Blue with an up-or-down vote, yes or no, on The PRESIDING OFFICER. Without Dogs: They didn’t get it. They didn’t something that affects 17 percent of objection, it is so ordered. give it to you. The budget that is going the gross national product of this coun- Mr. BUNNING. Mr. President, what is to come to the floor of this Senate is try, that affects every American in the order of business? Are we in morn- going to have structural changes which every walk of life in a very significant ing business? allow pay-go to be avoided for up to way, and that is how is their health The PRESIDING OFFICER. The Sen- $2.5 trillion, at least that is what the care system delivered. ate is considering the Sebelius nomina- House budget had in it, and the Senate Why wouldn’t we want to have a full tion. budget was pretty close. Mr. President, and clear, hopefully, and significant Mr. BUNNING. Mr. President, I have $2.5 trillion will circumvent pay-go. discussion of what we are doing to the a statement that will take about 15 The most egregious exercise will be American public and what the policy minutes on Governor Sebelius. in the health care area, where they implications of health care reform are The PRESIDING OFFICER. The Sen- have formally ended pay-go’s applica- on the floor of the Senate? If we are ator is recognized. bility during the first 5-year window. going to get a good piece of legislation, Mr. BUNNING. Mr. President, I want They basically say openly: We are not we are going to have to have biparti- to say a few words about the nomina- going to comply with pay-go on health sanship and going to have to have the tion of Governor Kathleen Sebelius to care. American people believe it is fair. You serve as our next Secretary of the De- Health care is going to be the single cannot pass something as significant as partment of Health and Human Serv- biggest fiscal event this Congress has health care and do it in a crammed- ices. I will not be able to support Gov- probably taken up in the last 20 years, down manner, in a manner where it is ernor Sebelius’s nomination to this po- maybe 30 years, maybe 40 years, maybe totally partisan. Yet reconciliation is sition and will be voting no. I wish to ever. Restructuring the health care of structured to accomplish just that. take a few minutes to explain my oppo- this country is a pretty doggone big ex- You have to have every stakeholder sition to her confirmation. ercise since it represents 17 percent of at the table. Granted, we are not going First, I have always been pro life. I our economy. To say they are not to win all our points, but we may have believe that life begins at conception going to apply pay-go to that exercise, some points that are constructive to and that every life is precious. I believe to that effort, to that undertaking is to the debate. Let us at least be at the that we, as a society, have a responsi- drive a hole through the pay-go con- table and make those points on the bility to protect those who cannot pro- cept that is so big it becomes not floor of the Senate through the amend- tect themselves and speak for those ‘‘Swiss cheese-go’’ but a great big, huge ment process. Don’t shut this Senate who cannot speak for themselves. That

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4773 is why I am so strongly opposed to the baby begins to move. At 12 weeks, abortion doctor had been overlooked abortion. Abortion kills the most frag- fingernails and toenails are forming. and not accounted for. While she said ile, most vulnerable, and most needy At 16 weeks, the baby’s eyes are sen- this was an inadvertent omission, it among us. These children cannot de- sitive to light. At 18 weeks, the ears seems to me that you would remember fend themselves, so they desperately start working and the baby can be even that sum of money from one of your need us to protect them. startled by loud noises. At 19 weeks, most controversial donors. To me, abortion is about whether de- the kidneys are working. At 20 weeks, I certainly realize that President fenseless babies have a right to live. most mothers can feel their babies Obama would not nominate someone to The answer, clearly, is, yes, they do. I move. At 22 weeks, taste buds are form- be Secretary of the Department of don’t understand how people can come ing. At 23 weeks, the baby begins to Health and Human Services who is pro away with any other conclusion than practice breathing so she will be ready life. However, Governor Sebelius’s that one. Unfortunately, too many peo- once she is born. At 24 weeks, the baby record on right-to-life issues along ple do. According to the National Right weighs about a pound and a half, has with her ties to the late-term abortion to Life, there have been more than 49 footprints, and fingerprints, and starts Dr. Tiller cannot be overlooked. The million abortions in the United States to have regular waking and sleep cy- leader of the Department of Health and since 1973, with about 1.2 million in cles. Human Services should be balanced 2005, the year they have the most re- The Web site says that babies formed and reasonable. There is nothing in cent data. These numbers are stag- at 24 weeks have a 50 percent chance of Governor Sebelius’s record that makes gering and saddening. survival. And this is where Dr. Tiller me think she is either when it comes to I cannot support the nomination of steps in and aborts the baby. How can protecting the life of the unborn. someone to be the leader of our Health you hear these development milestones The second major reason I am oppos- and Human Services Department who and believe these babies are expend- ing this nomination is that I don’t be- does not respect human life. That is able; that these babies’ lives are less lieve Governor Sebelius has the experi- why I will be voting against Governor important than someone else or that ence to be Secretary of the Department Sebelius. Her record as Governor of they simply can be killed and thrown of Health and Human Services. HHS is Kansas on abortion issues is dismal. away? an enormous bureaucracy, responsible She has vetoed multiple pieces of legis- Think of the difference between two for everything from the Medicare Pro- lation passed by the Kansas legislature babies at 24 weeks—one is wanted, one gram to the National Institutes of dealing with abortion, including bills is not. For the child born early, whose Health, to the Food and Drug Adminis- in 2003, 2005, 2006, and 2008. In fact, last parents love and want her, she would tration. The Department has 11 oper- week she vetoed yet another bill. be rushed to a neonatal intensive care ating divisions, over 64,000 employees, These were commonsense bills that I unit after delivery, where she would be and a budget of $707 billion. According think most Americans could agree given round-the-clock intensive med- to HHS’s Web site, it allocates more with, such as creating standards for ical care until she was big and strong grant dollars than all of the other abortion clinics that require clean and enough to go home. Every day in this agencies combined. This is a tremen- sterilized rooms and equipment, coun- country, premature babies cling to life dous responsibility, and the Depart- seling before and after abortion, and and fight for survival. I think most of ment needs someone with hands-on ex- medical screening for patients. Several the parents of premature babies would perience. of the bills dealt with changes to the tell you that their child’s will to live is As Governor of Kansas, she appointed Kansas late-term abortion laws, includ- courageous and inspiring. someone to run their health and ing one vetoed last week. That bill re- For the poor babies who have parents human services department and was quired certain information to be re- who choose to abort them, their life is not directly responsible for the day-to- ported to the State when doctors per- about to end. According to Planned day operation. As Congress considers form late-term abortions, including the Parenthood, a procedure called dilation major health care reform legislation specific medical reason the abortion and evacuation—or D and E—is gen- this year, we need someone with exten- was performed. Another bill would erally performed in pregnancies over 16 sive experience in setting health policy have given women about to undergo an weeks. Let me read how the National for the entire country. abortion the opportunity to listen to Right to Life organization describes I fundamentally disagree with Gov- the baby’s heartbeat and see an this procedure: ernor Sebelius on life issues, and I do ultrasound of their child, along with Forceps with sharp metal jaws are used to not believe she has the experience to several other provisions. Governor grasp parts of the developing baby, which are lead such a large department. I will be Sebelius vetoed all of these bills. then twisted and torn away. This continues voting no on her nomination. I am also greatly concerned about until the entire baby is removed from the I yield the floor. Governor Sebelius’s relationship with womb. Because the baby’s skull has often The PRESIDING OFFICER. The Sen- Dr. George Tiller, an abortion doctor hardened to bone by this time, the skull ator from Florida is recognized. from Wichita, who specializes in late- must sometimes be compressed or crushed to Mr. NELSON of Florida. Mr. Presi- term abortion. On Dr. Tiller’s Web site facilitate removal. dent, I rise in support of the nomina- he says that his clinic has ‘‘more expe- That is disgusting, and anyone who tion of Gov. Kathleen Sebelius to be rience in late-term abortion services tries to justify it should be ashamed. Secretary of HHS. I do so enthusiasti- over 24 weeks than anyone else prac- Abortion and the callous disregard for cally. I do so as a personal friend of ticing in the Western Hemisphere, Eu- human life in this country is a real Kathleen’s. I do so as a fellow public rope, or Australia.’’ This is not some- tragedy. George Tiller’s work greatly servant who has observed her consider- thing to be proud of. concerns me. Governor Sebelius’s ties able public service to her State of Kan- I know that pro-abortion supporters to George Tiller greatly concern me. sas and to the people of this country. like to make the argument that unborn The late-term abortion doctor has do- A dozen years ago—a little more; it babies are a clump of cells and not yet nated tens of thousands of dollars to was actually about 14 years ago—she a human being. They couldn’t be more Governor Sebelius, and she has even was elected, unusually, as a Democrat wrong. These unborn babies are devel- honored him at the Governor’s man- in Republican Kansas, to a statewide oping, growing, can feel pain, and cer- sion in Kansas. office known as insurance commis- tainly have the will to live. Let me Governor Sebelius hasn’t always been sioner. It is a little-known and thank- briefly give a description of the devel- upfront about their relationship as less job but one that has traditionally opment milestones that babies reach as well. In answering questions before the been under the thumb of the insurance they grow to 24 weeks. This is accord- Finance Committee, Governor Sebelius industry. She came out of the Kansas ing to the Mayo Clinic’s Web site—the originally said that Tiller had donated Legislature, so she had a good school- Mayo Clinic: At 5 weeks, the heart be- about $12,000 to her. A few days later, ing in the art of political craft. Indeed, gins to beat. At 8 weeks, eyelids are she had to go back to revise that that started long before she ever en- forming, along with the ears, upper amount because somewhere an addi- tered the Kansas Legislature because nose, fingers, lips, and toes. At 9 weeks, tional $23,000 in donations from the her dad was the Governor of Ohio. So it

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4774 CONGRESSIONAL RECORD — SENATE April 28, 2009 is in her genes. Her father-in-law was Governor Sebelius is someone who mortgage and financial markets. After the longtime Republican Congressman has been there, she has done that. She 9/11, the Department of Justice, the from Kansas. In that very Republican knows how this insurance system oper- FBI, and other agencies shifted their State, they elected a Democrat as the ates. She knows the parameters in attention away from financial fraud in- insurance commissioner. It was not a which you have to offer health insur- vestigations to focus on other impor- close election, but it was one in which, ance to people in order to make it tant concerns. At the same time, we once she was installed as insurance work. She understands the financing saw financial deregulation, the boom in commissioner, she started showing peo- behind it. She is uniquely qualified for subprime and exotic mortgages, and ple who was boss. The elected rep- this position of Secretary of HHS. the evolution of mortgage-backed resentative of the people of Kansas was Since I have the privilege of being a securitized instruments. These devel- going to administer the laws with re- personal friend, I have known her over opments created a wealth of opportuni- gard to the protection of consumers, these 14 years in our capacities as ties for fraudsters to rip off hard-work- which is the purpose of having an in- elected insurance commissioners, she ing Americans. surance advocate for the people. from Kansas and me from Florida, and We know now that there is a wave of Only a few States continue to elect then as I have continued to see her in fraud sweeping the country. The Treas- their insurance commissioner. It is her public service, then having gone ury Department is receiving 5,000 mort- known as the office of the revolving from insurance commissioner to Gov- gage fraud allegations per month. The door since most of the insurance com- ernor, she comes at a time when this FBI now has more than 530 open cor- missioners are appointed. The revolv- Nation is begging for health care re- porate fraud investigations, and FBI ing door starts with the insurance in- form. The President has chosen Kath- officials report that their fraud case- dustry having a representative who is leen in this exceptionally important load is growing exponentially. And appointed by the appointing authority, Americans have been stunned by recent usually the Governor, because someone position to not only use her skills as a revelations of massive Ponzi schemes who is knowledgable about insurance former regulator where she can crack and the manipulation of financial mar- has to be insurance commissioner. But, the whip but to use her skills as a per- kets. It is simply unacceptable for this indeed, the door continues to revolve, son who can bring people together, who Congress to stand idly by and watch and the average time of service for an can reconcile, who can build con- appointed insurance commissioner is sensus—which she has honed over the these fraudsters rip off the American less than 1 year. As a result, as you years and I suspect honed those skills people. We need to act. And we have a watch the door revolve, they come in at the knee of her father as she was bill on the floor of the Senate right from the insurance industry, become growing up. She honed those skills as a now that would take strong and effec- the top regulator of the insurance in- public servant—as a legislator, as an tive steps to catch the perpetrators of dustry, and on the average, in less than elected statewide official, as the Gov- these frauds and protect the taxpayers. a year, the door revolves and they are ernor, and now she will be the right The Fraud Enforcement and Recov- out the door and they are back in the person at the right time whom this Na- ery Act, sponsored by the chairman of very industry from whence they came. tion needs—a very good Secretary of the Judiciary Committee, Senator That is not the smartest way to have Health and Human Services. LEAHY, and the ranking member of the an insurance regulator. I yield the floor and suggest the ab- Finance Committee, Senator GRASS- Kathleen Sebelius defied that model. sence of a quorum. LEY, is carefully crafted and widely As the elected insurance commissioner The PRESIDING OFFICER. The supported on both sides of the aisle. of Kansas, she stood up for consumer clerk will call the roll. The bill makes important improve- rights and she cracked the whip to get The bill clerk proceeded to call the ments to the criminal fraud statutes. the insurance companies to offer this roll. These provisions will strengthen pros- product that has now become a neces- Mr. WICKER. Mr. President, I ask ecutors’ ability to combat fraud in the sity, not a luxury. Why? You can’t unanimous consent that the order for mortgage and financial markets. The drive a car without insurance. You the quorum call be rescinded. bill also puts more cops on the beat in can’t own a home, if you have a mort- The PRESIDING OFFICER. Without the financial markets. It authorizes gage, without insurance. You better objection, it is so ordered. the hiring of hundreds of FBI and SEC investigators to focus on mortgage and have some life insurance if you are f planning for your family. financial fraud. It provides $100 million By the way, we have not even talked LEGISLATIVE SESSION for new white-collar prosecutors in about health insurance. A huge per- The PRESIDING OFFICER. Under U.S. attorney offices, and it bolsters centage, well over a majority of the the previous order, the Senate will re- the resources of the Criminal, Civil and people in this country, get their health sume legislative session. Tax Divisions of the Department of insurance through their employer. As f Justice. we approach the issue of health care re- These investments in enforcement form, what to do about insurance is FRAUD ENFORCEMENT AND are likely to pay off in more ways than going to be front and center, and Gov- RECOVERY ACT OF 2009 just catching criminals. They will lead ernor Sebelius is uniquely qualified to The PRESIDING OFFICER. The Sen- to increased restitution payments, address this issue. We have 47 million ate will resume consideration of S. 386, criminal and civil fines, and monetary people in this country who do not have which the clerk will report by title. recoveries for victims and taxpayers. health insurance, but they get health The bill clerk read as follows: The Justice Department estimates that care. Where do they get health care? A bill (S. 386) to improve enforcement of for every dollar spent to prosecute They get it from the most expensive mortgage fraud, securities fraud, financial fraud at the Criminal Division, more place, which is the emergency room, institution fraud, and other frauds related to than $20 is ordered in restitution and and they get it at the most expensive federal assistance and relief programs, for fines for victims and the government. time, which is when their symptoms the recovery of funds lost to these frauds, So this bill will pay for itself and then have turned into a full, raging emer- and for other purposes. some. gency. Therefore, because they did not Mr. DURBIN. Mr. President, we have The legislation also includes a key have health insurance, they were not on the Senate floor a piece of legisla- provision from a bill that Senator seeing a doctor for preventive care, and tion that has broad bipartisan support GRASSLEY and I introduced earlier this all of this additional cost, plus the ad- and that addresses an urgent national year to update the Federal False ditional costs of being treated in an need. Claims Act. The False Claims Act is emergency room—guess who pays. All Our country has seen a wave of known as Lincoln’s Law. It was signed of us pick up that tab. That, addition- white-collar fraud that has undermined by President Lincoln in 1863, and since ally, is plowed back into the costs we the financial and housing markets and then it has enabled the Federal Gov- pay for health care, in large part shaken our entire economy. ernment and whistleblowers to work through the insurance premiums we In recent years, there simply haven’t together to prevent waste, fraud, and pay. been enough cops on the beat in the abuse of Government funds. The False

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4775 Claims Act has been a powerful anti- Our bill will strengthen the Federal in even further debt than before. They fraud tool. Since 1986, the Federal Gov- Government’s capacity to investigate include retirees who have lost their life ernment and whistleblowers have re- and prosecute the kinds of financial savings in stock scams and Ponzi covered over $22 billion in monies that frauds that have so severely under- schemes, which have come to light as were fraudulently taken from Govern- mined our economy and hurt so many the markets have fallen and corpora- ment programs. The bill before us cor- hard-working people in this country. tions have collapsed. They also include rects several court decisions that have These frauds have robbed people of American taxpayers who have invested misinterpreted the False Claims Act their savings, their retirement ac- billions of dollars to restore our econ- and limited its scope. This legislation counts, their college funds for their omy and who expect us to protect that will help keep Lincoln’s Law strong for children, their equity, and costs too investment and make sure those funds the 21st century. many their homes. These are serious are not exploited by fraud. I am proud to cosponsor the anti- matters that should not be delayed. Federal law enforcement needs this fraud legislation we are considering. It The bill will help provide the resources legislation now to combat fraud effec- is going to pass this body by a wide and legal tools needed to police and tively. In the last 3 years, the number margin, and it is going to help the deter fraud and to protect taxpayer- of criminal mortgage fraud investiga- American people. But it has been held funded economic recovery efforts now tions opened by the Federal Bureau of up by a small number of Senators from being implemented. Investigation, FBI, has more than dou- across the aisle. These Senators have I end as I began by commending Sen- bled, and the FBI anticipates that delayed a vote on final passage of this ator GRASSLEY, our lead cosponsor, for number may double yet again. Despite bill, because they want to offer amend- his leadership in helping to write this this increase, the FBI currently has ments that have nothing to do with the legislation and to manage it on the fewer than 250 special agents nation- bill. Why are these Senators standing floor. He has once again proven his wide assigned to financial fraud cases, in the way of legislation that will fight dedication to protecting taxpayer which is only a quarter of the number fraud in our markets and curb waste in funds by deterring, investigating, and the Bureau had more than a decade ago Government programs? I can’t under- prosecuting fraud. at the time of the savings and loan cri- stand it, and I don’t think the Amer- I thank our many cosponsors for sis. At the current levels, the FBI can- ican people can understand it. their steadfast support for this effort. not even begin to investigate the more These Senators should be cospon- Senators KAUFMAN and KLOBUCHAR soring this legislation, not blocking it. than 5000 mortgage fraud allegations have worked particularly hard to en- referred by the Treasury Department Are these Senators aware of the mort- sure that this important fraud enforce- gage rescue scams that are catching each month. ment bill becomes law, and I thank In the late 1980s and early 1990s, Con- more and more Americans every day? them for their efforts. Senator KAUF- gress responded to the collapse of the Do they know that con artists are out MAN has spoken and written about the federally insured savings and loan in- there right now promising that they need for fraud enforcement all year. dustry by passing legislation similar to can help families who are facing fore- Senator KLOBUCHAR, a former pros- the bill we consider today, to hire pros- closure save their homes—all for a sup- ecutor as I am, understands how impor- posedly small upfront fee? Desperate ecutors and agents. While the current tant it is to have sufficient resources homeowners are tricked into paying financial crisis dwarfs in scale to the on the ground committed to deterring these con artists, who then skip town savings and loan collapse, we are and discovering these devastating and leave the family worse off than be- poised to once again take decisive ac- crimes. We have been joined by a grow- fore. Are these Senators aware of the tion. ing bipartisan group of cosponsors that At its core, the Fraud Enforcement financial scams being perpetrated on now stands at 27. and Recovery Act authorizes the re- senior citizens and military families? And I thank the majority leader and sources necessary for the Justice De- What about the investors who have lost our underappreciated cloakroom and their life savings to Ponzi schemes and partment, the FBI, and other inves- floor staff for all that they have done market manipulators? Shouldn’t we tigative agencies to respond to this cri- to bring us to this moment. The major- put more cops on the beat to catch sis. In total, the bill authorizes $245 ity leader had to file for cloture to these crooks? Shouldn’t we bolster our million a year over the next 2 years to even proceed to this bipartisan fraud enforcement agencies so they can pros- hire more than 300 Federal agents, enforcement bill last week, and then ecute these cases and get restitution more than 200 prosecutors, and another had to file a second cloture petition for the victims? I think we should. 200 forensic analysts and support staff The Fraud Enforcement and Recov- late Thursday night when Republicans to rebuild our Nation’s white collar ery Act takes important steps to help would not agree to a finite list of fraud enforcement efforts. While the law enforcement agencies investigate amendments to be considered in order number of fraud cases is now sky- and prosecute the financial fraud that to complete action on the bill. A mat- rocketing, we need to remember that has surged in recent years. It will also ter like this should not require one clo- resources were shifted away from fraud deter those who might commit fraud in ture vote, let alone two. A matter like investigations after 9/11. Today, the the future. This measure will help re- that that is designed to help law en- ranks of fraud investigators and pros- store confidence in our economy and forcement and protect the savings of ecutors are drastically understocked, restore millions of dollars in ill-gotten Americans should be acted upon by the and thousands of fraud allegations are gains to victims and taxpayers. Senate without partisanship, delay, going unexamined each month. We I hope we can vote quickly on final and obstruction. need to restore our capacity to fight passage of this bill. America needs it, Mortgage fraud has reached near epi- fraud in these hard economic times, and we need to pass it. demic levels in this country. Reports of and this bill will do that. Mr. LEAHY. Mr. President, today we mortgage fraud are up 682 percent over Fraud enforcement is an excellent in- finally come to a vote on final passage the past 5 years and more than 2800 vestment for the American taxpayer. of the bipartisan Fraud Enforcement percent in the past decade. And mas- According to recent data provided by and Recovery Act of 2009, S. 386. It has sive, new corporate frauds, like the $65 the Justice Department, the Govern- taken longer to arrive at this point billion dollar Ponzi scheme perpetrated ment recovers more than $20 dollars for than it should have, and we have had to by Bernard Madoff, are being uncov- every dollar spent on criminal fraud consider too many extraneous issues ered as the economy has turned worse, litigation. Strengthening criminal and that would have been better suited for exposing many investors to massive civil fraud enforcement is a sound in- another debate. We nonetheless stand losses. We can now finally take action vestment, and this legislation will not ready to make real progress. This bill to better protect the victims of these only pay for itself but will bring in is a step toward holding accountable frauds. These victims include home- money for the Federal Government. those who have caused so much damage owners who have been fleeced by un- In addition, the Fraud Enforcement to our economy. It should help protect scrupulous mortgage brokers who and Recovery Act makes a number of our economic recovery efforts from the promise to help them, only to leave straightforward, important improve- scourge of fraud. them unable to keep their homes and ments to fraud and money laundering

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4776 CONGRESSIONAL RECORD — SENATE April 28, 2009 statutes to strengthen prosecutors’ ance was included in the economic re- expended through the Troubled Assets ability to combat this growing wave of covery legislation. Relief Program, TARP, are protected fraud. It also strengthens one of the The recovery efforts are generating by the Federal fraud statute. In addi- most potent civil tools we have for signs of economic progress. That is tion, it would expand securities anti- rooting out fraud in Government—the good. That is necessary. But that is not fraud provisions to cover fraud involv- False Claims Act. The Federal Govern- enough. We need to make sure that we ing options and futures contracts for ment has recovered more than $22 bil- are spending our public resources wise- commodities. lion using the False Claims Act since it ly and that they are not being dis- The act would strengthen our was modernized through the work of sipated by fraud. We need to ensure antimoney laundering regime. The cur- Senator GRASSLEY in 1986, but this bill that those responsible for the down- rent money laundering statute outlaws will make the statute still more effec- turn through fraudulent acts in finan- financial transactions using the pro- tive. cial markets and the housing market ceeds from certain listed unlawful ac- The Fraud Enforcement and Recov- are held to account. That is why we tivities. This act would add tax evasion ery Act has broad bipartisan support, need to enact the Fraud Enforcement to that list. The threat of criminal li- as well as the strong backing of the and Recovery Act. ability for money laundering is a pow- Justice Department and the Obama ad- Two decades ago we responded during erful tool for prosecutors to use in ministration. As explained in the the savings and loan crisis by hiring their battles with those who dodge Statement of Administration Policy: more agents, analysts, and prosecutors their tax obligations. ‘‘The Administration strongly supports and allocating the resources needed to Additionally, recent court decisions catch those who took advantage to enactment of S. 386. Its provisions have misdefined the term ‘‘proceeds’’ profit through fraud. We need to do so would provide Federal investigators from the money laundering statute to and prosecutors with significant new again. The bill has also received the support mean only the net receipts from unlaw- criminal and civil tools and resources ful activities. By defining that term so that would assist in holding account- of the Fraternal Order of Police, the Federal Law Enforcement Officers As- narrowly, these court decisions have able those who have committed finan- reduced the efficacy of the statute: pre- cial fraud.’’ sociation, the National Association of Assistant United States Attorneys, the venting prosecutions for numerous Strengthening fraud enforcement is a crimes. This act will fix these decisions key priority for President Obama. Dur- Association of Certified Tax Exam- iners, and Taxpayers Against Fraud. It and explicitly define ‘‘proceeds’’ to in- ing the campaign, President Obama clude not only net but gross receipts promised to ‘‘crack down on mortgage was strongly endorsed by an editorial in The New York Times on April 18, from unlawful activities. This small fraud professionals found guilty of modification will restore the money fraud by increasing enforcement and 2009. I thank Senators for joining with us laundering statute to its rightful place creating new criminal penalties.’’ And as a critical tool in the battles against the President made good on this prom- to take decisive action to protect American families and our economy fraud and illicit activity. ise in his budget to Congress by calling These provisions are useful additions for additional FBI agents ‘‘to inves- from fraud by passing this common- sense bill now. to Federal antimoney laundering stat- tigate mortgage fraud and white collar Mr. LEVIN. Mr. President, I am a co- utes, but we should not stop here. We crime,’’ as well as hiring more Federal sponsor of the Fraud Enforcement and should also make sure that our prosecutors and civil attorneys ‘‘to Recovery Act of 2009, and today I vote antimoney laundering laws apply to all protect investors, the market, and the for its enactment into law. In these dif- of the entities that may be involved in Federal Government’s investment of ficult economic times, this bill is need- money laundering. I look forward to resources in the financial crisis, and ed to strengthen the Federal Govern- working with the Senate to update our the American public.’’ The initial Sen- ment’s ability to combat mortgage, se- antimoney laundering requirements, ate-passed recovery package included curities, and other types of financial and continue the efforts to stop fraud, additional money for the FBI for this fraud. illicit activity, and tax evasion. purpose, but it was cut during the ne- This act would put more fraud inves- This act will make an important con- gotiations that led to its passage. This tigators, regulators, and prosecutors tribution to ongoing efforts to root out bill, the bipartisan Fraud Enforcement on the beat. It would authorize in- fraud—against individuals and against and Recovery Act, is our chance to au- creased funding to the Department of our Government. It is an important thorize the necessary additional re- Justice, the Federal Bureau of Inves- part of the effort to help put our coun- sources to detect, fight, and deter fraud tigation, the Securities and Exchange try back on solid economic footing, and that robs the American people and Commission, the U.S. Postal Service, I commend the bill sponsors for their American taxpayers of their funds. the HUD inspector general, and the Se- work on this legislation. This is and has been bipartisan legis- cret Service. It would also ensure that lation. Our cosponsors come from The PRESIDING OFFICER. The the public will be able to see the re- question is on the passage of S. 386, as across the political spectrum—Demo- sults of these investments by requiring crats, Republicans, and an Inde- amended. the agencies to submit a joint report to The yeas and nays were previously pendent. What we share is a commit- Congress on amounts spent on fraud in- ment to fight fraud and the horrible ordered. vestigations, as well as amounts recov- The clerk will call the roll. costs it is imposing on hard-working ered. Americans. I believe that our efforts This act would also make clear that The bill clerk called the roll. are supported by most Americans. No Federal mortgage fraud laws cover Mr. DURBIN. I announce that the one should want to see taxpayer money mortgage brokers and their agents— Senator from Massachusetts (Mr. KEN- intended to fund economic recovery ef- some of whom have wreaked a terrible NEDY) and the Senator from West Vir- forts diverted by fraud. No one should toll in my State of Michigan and the ginia (Mr. ROCKEFELLER) are nec- want to see those who engaged in mort- country. Their misconduct has in- essarily absent. gage fraud escape accountability. We cluded misrepresenting mortgage I further announce that, if present need to pass this bill and give law en- terms to borrowers, convincing fami- and voting, the Senator from West Vir- forcement the resources and tools they lies to refinance their homes with ginia (Mr. ROCKEFELLER) would vote desperately need. mortgages that would leave them ‘‘aye.’’ During these first months of the worse off financially, reaping hidden Mr. KYL. The following Senator is year, the Judiciary Committee has fees, and even obtaining fraudulent necessarily absent: the Senator from concentrated on what we can do legis- mortgages and stealing the funds. It is Alabama (Mr. SESSIONS). latively to assist in the economic re- long past time to clarify and strength- The PRESIDING OFFICER. Are there covery. Already we have considered en the laws that punish such wrong- any other Senators in the Chamber de- and reported this fraud enforcement doing. siring to vote? bill, the patent reform bill, and worked The act would strengthen taxpayer The result was announced—yeas 92, to ensure that law enforcement assist- protections by ensuring that moneys nays 4, as follows:

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[Rollcall Vote No. 171 Leg.] MENTS BY MORTGAGE BROKERS AND AGENTS OF SEC. 3. ADDITIONAL FUNDING FOR INVESTIGA- YEAS—92 MORTGAGE LENDING BUSINESSES.—Section TORS AND PROSECUTORS FOR 1014 of title 18, United States Code, is amend- MORTGAGE FRAUD, SECURITIES Akaka Ensign Menendez FRAUD, AND OTHER CASES INVOLV- Alexander Enzi Merkley ed by— ING FEDERAL ECONOMIC ASSIST- Barrasso Feingold Mikulski (1) striking ‘‘or’’ after ‘‘the International ANCE. Baucus Feinstein Murkowski Banking Act of 1978),’’; and (a) IN GENERAL.— Bayh Gillibrand Murray (2) inserting after ‘‘section 25(a) of the Fed- (1) AUTHORIZATION.—There is authorized to Begich Graham Nelson (NE) eral Reserve Act’’ the following: ‘‘or a mort- be appropriated to the Attorney General, to Bennet Grassley Nelson (FL) gage lending business whose activities affect remain available until expended, $165,000,000 Bennett Gregg Pryor Bingaman Hagan interstate or foreign commerce, or any per- for each of the fiscal years 2010 and 2011, for Reed son or entity that makes in whole or in part the purposes of investigations, prosecutions, Bond Harkin Reid Boxer Hatch a federally related mortgage loan as defined and civil proceedings involving Federal as- Risch Brown Hutchison Roberts in 12 U.S.C. 2602(1)’’. sistance programs and financial institutions, Brownback Inouye Sanders including financial institutions to which this Bunning Isakson (d) MAJOR FRAUD AGAINST THE GOVERN- Schumer Act and amendments made by this Act Burr Johanns MENT AMENDED TO INCLUDE ECONOMIC RELIEF Shaheen apply. Burris Johnson AND TROUBLED ASSET RELIEF PROGRAM Byrd Kaufman Shelby (2) ALLOCATIONS.—With respect to fiscal Snowe FUNDS.—Section 1031(a) of title 18, United years 2010 and 2011, the amount authorized to Cantwell Kerry States Code, is amended by— Cardin Klobuchar Specter be appropriated under paragraph (1) shall be Carper Kohl Stabenow (1) inserting after ‘‘or promises, in’’ the allocated as follows: Casey Landrieu Tester following: ‘‘any grant, contract, subcontract, (A) Federal Bureau of Investigation: Chambliss Lautenberg Thune subsidy, loan, guarantee, insurance or other $75,000,000 for fiscal year 2010 and $65,000,000 Cochran Leahy Udall (CO) form of Federal assistance, including Udall (NM) for fiscal year 2011. Collins Levin through the Troubled Assets Relief Program, (B) The offices of the United States Attor- Conrad Lieberman Vitter an economic stimulus, recovery or rescue Voinovich neys: $50,000,000. Corker Lincoln plan provided by the Government, or the Cornyn Lugar Warner (C) The criminal division of the Depart- Crapo Martinez Webb Government’s purchase of any troubled asset ment of Justice: $20,000,000. Dodd McCain Whitehouse as defined in the Emergency Economic Sta- (D) The civil division of the Department of Dorgan McCaskill Wicker bilization Act of 2008, or in’’; Justice: $15,000,000. Durbin McConnell Wyden (2) striking ‘‘the contract, subcontract’’ (E) The tax division of the Department of NAYS—4 and inserting ‘‘such grant, contract, sub- Justice: $5,000,000. contract, subsidy, loan, guarantee, insurance (b) ADDITIONAL APPROPRIATIONS FOR THE Coburn Inhofe or other form of Federal assistance,’’; and POSTAL INSPECTION SERVICE.—There is au- DeMint Kyl (3) striking ‘‘for such property or serv- thorized to be appropriated to the Postal In- NOT VOTING—3 ices’’. spection Service of the United States Postal Service, $30,000,000 for each of the fiscal Kennedy Rockefeller Sessions (e) SECURITIES FRAUD AMENDED TO INCLUDE years 2010 and 2011 for investigations involv- FRAUD INVOLVING OPTIONS AND FUTURES IN The bill (S. 386), as amended, was ing Federal assistance programs and finan- COMMODITIES.— passed, as follows: cial institutions, including financial institu- S. 386 (1) IN GENERAL.—Section 1348 of title 18, tions to which this Act and amendments United States Code, is amended— Be it enacted by the Senate and House of Rep- made by this Act apply. (A) in the caption, by inserting ‘‘and com- (c) ADDITIONAL APPROPRIATIONS FOR THE IN- resentatives of the United States of America in modities’’ after ‘‘Securities’’; Congress assembled, SPECTOR GENERAL FOR THE DEPARTMENT OF (B) by inserting ‘‘any commodity for fu- HOUSING AND URBAN DEVELOPMENT.—There is TITLE I—FRAUD ENFORCEMENT AND ture delivery, or any option on a commodity authorized to be appropriated to the Inspec- RECOVERY ACT OF 2009 for future delivery, or’’ after ‘‘any person in tor General of the Department of Housing SECTION 1. SHORT TITLE. connection with’’; and and Urban Development, $30,000,000 for each This Act may be cited as the ‘‘Fraud En- (C) by inserting ‘‘any commodity for future of the fiscal years 2010 and 2011 for investiga- forcement and Recovery Act of 2009’’ or delivery, or any option on a commodity for tions involving Federal assistance programs ‘‘FERA’’. future delivery, or’’ after ‘‘in connection and financial institutions, including finan- SEC. 2. AMENDMENTS TO IMPROVE MORTGAGE, with the purchase or sale of’’. cial institutions to which this Act and SECURITIES, AND FINANCIAL FRAUD (2) CHAPTER ANALYSIS.—The item for sec- amendments made by this Act apply. RECOVERY AND ENFORCEMENT. tion 1348 in the chapter analysis for chapter (d) ADDITIONAL APPROPRIATIONS FOR THE (a) DEFINITION OF FINANCIAL INSTITUTION 63 of title 18, United States Code, is amended UNITED STATES SECRET SERVICE.—There is AMENDED TO INCLUDE MORTGAGE LENDING by inserting ‘‘and commodities’’ after ‘‘Secu- authorized to be appropriated to the United BUSINESS.—Section 20 of title 18, United rities’’. States Secret Service of the Department of States Code, is amended— Homeland Security, $20,000,000 for each of (f) MONEY LAUNDERING AMENDED TO DEFINE (1) in paragraph (8), by striking ‘‘or’’ after the fiscal years 2010 and 2011 for investiga- PROCEEDS OF SPECIFIED UNLAWFUL ACTIV- the semicolon; tions involving Federal assistance programs ITY.— (2) in paragraph (9), by striking the period and financial institutions, including finan- (1) MONEY LAUNDERING.—Section 1956(c) of and inserting ‘‘; or’’; and cial institutions to which this Act and title 18, United States Code, is amended— (3) by inserting at the end the following: amendments made by this Act apply. (A) in paragraph (8), by striking the period ‘‘(10) a mortgage lending business (as de- (e) USE OF FUNDS.—The funds authorized to and inserting ‘‘; and’’; and fined in section 27 of this title) or any person be appropriated under subsections (a), (b), (B) by inserting at the end the following: or entity that makes in whole or in part a (c), and (d) shall be limited to cover the costs ‘‘(9) the term ‘proceeds’ means any prop- of each listed agency or department for in- federally related mortgage loan as defined in erty derived from or obtained or retained, di- vestigating possible criminal, civil, or ad- 12 U.S.C. 2602(1).’’. rectly or indirectly, through some form of ministrative violations and for prosecuting (b) MORTGAGE LENDING BUSINESS DE- unlawful activity, including the gross re- criminal, civil, or administrative pro- FINED.— ceipts of such activity.’’. ceedings involving financial crimes and (1) IN GENERAL.—Chapter 1 of title 18, (2) MONETARY TRANSACTIONS.—Section crimes against Federal assistance programs, United States Code, is amended by inserting 1957(f) of title 18, United States Code, is including mortgage fraud, securities fraud, after section 26 the following: amended by striking paragraph (3) and in- financial institution fraud, and other frauds ‘‘§ 27. Mortgage lending business defined serting the following: related to Federal assistance and relief pro- ‘‘In this title, the term ‘mortgage lending ‘‘(3) the terms ‘specified unlawful activity’ grams. business’ means an organization which fi- and ‘proceeds’ shall have the meaning given (f) REPORT TO CONGRESS.—Following the nances or refinances any debt secured by an those terms in section 1956 of this title.’’. final expenditure of all funds appropriated interest in real estate, including private under this section that were authorized by (g) MAKING THE INTERNATIONAL MONEY subsections (a), (b), (c), and (d) the Attorney mortgage companies and any subsidiaries of LAUNDERING STATUTE APPLY TO TAX EVA- General, in consultation with the United such organizations, and whose activities af- SION.—Section 1956(a)(2)(A) of title 18, United States Postal Inspection Service, the Inspec- fect interstate or foreign commerce.’’. States Code, is amended by— tor General for the Department of Housing (2) CHAPTER ANALYSIS.—The chapter anal- (1) inserting ‘‘(i)’’ before ‘‘with the intent and Urban Development, and the Secretary ysis for chapter 1 of title 18, United States to promote’’; and of Homeland Security, shall submit a joint Code, is amended by adding at the end the (2) adding at the end the following: report to Congress identifying— following: ‘‘(ii) with the intent to engage in conduct (1) the amounts expended under sub- ‘‘27. Mortgage lending business defined.’’. constituting a violation of section 7201 or sections (a), (b), (c), and (d) and a certifi- (c) FALSE STATEMENTS IN MORTGAGE APPLI- 7206 of the Internal Revenue Code of 1986; cation of compliance with the requirements CATIONS AMENDED TO INCLUDE FALSE STATE- or’’. listed in subsection (e); and

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FINANCIAL MARKETS COMMISSION. criminal or civil restitution, fines, penalties, United States with the information about (a) ESTABLISHMENT OF COMMISSION.—There and other monetary recoveries resulting the violation, no criminal prosecution, civil is established in the legislative branch the from criminal, civil, or administrative pro- action, or administrative action had com- Financial Markets Commission (in this sec- ceedings and settlements undertaken with menced under this title with respect to such tion referred to as the ‘‘Commission’’) to ex- funds authorized by this Act. violation, and the person did not have actual amine all causes, domestic and global, of the (g) ADDITIONAL APPROPRIATIONS FOR THE knowledge of the existence of an investiga- current financial and economic crisis in the SECURITIES AND EXCHANGE COMMISSION.— tion into such violation, United States. (1) IN GENERAL.—There is authorized to be the court may assess not less than 2 times (b) COMPOSITION OF THE COMMISSION.— appropriated to the Securities and Exchange the amount of damages which the Govern- (1) MEMBERS.—The Commission shall be Commission, $20,000,000 for each of the fiscal ment sustains because of the act of that per- composed of 10 members, of whom— years 2010 and 2011 for investigations and en- son. (A) 2 members shall be appointed by the forcement proceedings involving financial ‘‘(3) COSTS OF CIVIL ACTIONS.—A person vio- majority leader of the Senate; institutions, including financial institutions lating this subsection shall also be liable to (B) 2 members shall be appointed by the to which this Act and amendments made by the United States Government for the costs Speaker of the House of Representatives; this Act apply. of a civil action brought to recover any such (C) 1 member shall be appointed by the mi- (2) INSPECTOR GENERAL.—There is author- nority leader of the Senate; ized to be appropriated to the Securities and penalty or damages.’’; (D) 1 member shall be appointed by the mi- Exchange Commission, $1,000,000 for each of (2) by striking subsections (b) and (c) and nority leader of the House of Representa- the fiscal years 2010 and 2011 for the salaries inserting the following: tives; and expenses of the Office of the Inspector ‘‘(b) DEFINITIONS.—For purposes of this sec- (E) 1 member shall be appointed by the General of the Securities and Exchange Com- tion— Chairman of the Committee on Banking, mission. ‘‘(1) the terms ‘knowing’ and ‘knowingly’— ‘‘(A) mean that a person, with respect to Housing, and Urban Affairs of the Senate; SEC. 4. CLARIFICATIONS TO THE FALSE CLAIMS ACT TO REFLECT THE ORIGINAL IN- information— (F) 1 member shall be appointed by the TENT OF THE LAW. ‘‘(i) has actual knowledge of the informa- ranking member of the Committee on Bank- (a) CLARIFICATION OF THE FALSE CLAIMS tion; ing, Housing, and Urban Affairs of the Sen- ACT.—Section 3729 of title 31, United States ‘‘(ii) acts in deliberate ignorance of the ate; Code, is amended— truth or falsity of the information; or (G) 1 member shall be appointed by the (1) by striking subsection (a) and inserting ‘‘(iii) acts in reckless disregard of the truth chairman of the Committee on Financial the following: or falsity of the information; and Services of the House of Representatives; ‘‘(a) LIABILITY FOR CERTAIN ACTS.— ‘‘(B) require no proof of specific intent to and ‘‘(1) IN GENERAL.—Subject to paragraph (2), defraud; (H) 1 member shall be appointed by the any person who— ‘‘(2) the term ‘claim’— ranking member of the Committee on Finan- ‘‘(A) knowingly presents, or causes to be ‘‘(A) means any request or demand, wheth- cial Services of the House of Representa- presented, a false or fraudulent claim for er under a contract or otherwise, for money tives. payment or approval; or property and whether or not the United (2) QUALIFICATIONS; LIMITATION.— ‘‘(B) knowingly makes, uses, or causes to States has title to the money or property, (A) IN GENERAL.—Individuals appointed to be made or used, a false record or statement that— the Commission shall be United States citi- material to a false or fraudulent claim; ‘‘(i) is presented to an officer, employee, or zens having significant experience in such ‘‘(C) conspires to commit a violation of agent of the United States; or fields as banking, regulation of markets, tax- subparagraph (A), (B), (D), (E), (F), or (G); ‘‘(ii) is made to a contractor, grantee, or ation, finance, economics and housing. ‘‘(D) has possession, custody, or control of other recipient, if the money or property is (B) LIMITATION.—No person who is a mem- property or money used, or to be used, by the to be spent or used on the Government’s be- ber of Congress or an officer or employee of Government and knowingly delivers, or half or to advance a Government program or the Federal Government or any State or causes to be delivered, less than all of that interest, and if the United States Govern- local government may serve as a member of money or property; ment— the Commission. ‘‘(E) is authorized to make or deliver a doc- ‘‘(I) provides or has provided any portion of (3) CHAIRPERSON; VICE CHAIRPERSON.— ument certifying receipt of property used, or the money or property requested or de- (A) IN GENERAL.—Subject to the require- to be used, by the Government and, intend- manded; or ments of subparagraph (B), the Chairperson ing to defraud the Government, makes or de- ‘‘(II) will reimburse such contractor, grant- of the Commission shall be selected jointly livers the receipt without completely know- ee, or other recipient for any portion of the by the Majority Leader of the Senate and the ing that the information on the receipt is money or property which is requested or de- Speaker of the House of Representatives, and true; manded; and the Vice Chairperson shall be selected joint- ‘‘(F) knowingly buys, or receives as a ‘‘(B) does not include requests or demands ly by the Minority Leader of the Senate and pledge of an obligation or debt, public prop- for money or property that the Government the Minority Leader of the House of Rep- erty from an officer or employee of the Gov- has paid to an individual as compensation resentatives. ernment, or a member of the Armed Forces, for Federal employment or as an income sub- (B) POLITICAL PARTY AFFILIATION.—The who lawfully may not sell or pledge prop- sidy with no restrictions on that individual’s Chairperson and Vice Chairperson of the erty; or use of the money or property; Commission may not be from the same polit- ‘‘(G) knowingly makes, uses, or causes to ‘‘(3) the term ‘obligation’ means an estab- ical party. be made or used, a false record or statement lished duty, whether or not fixed, arising (4) INITIAL MEETING.—If, 45 days after the material to an obligation to pay or transmit from an express or implied contractual, date of enactment of this Act, 4 or more money or property to the Government, or grantor-grantee, or licensor-licensee rela- members of the Commission have been ap- knowingly conceals or knowingly and im- tionship, from a fee-based or similar rela- pointed, those members who have been ap- properly avoids or decreases an obligation to tionship, from statute or regulation, or from pointed may meet and, if necessary, select a pay or transmit money or property to the the retention of any overpayment; and temporary Chairperson and Vice Chair- Government, ‘‘(4) the term ‘material’ means having a person, who may begin the operations of the is liable to the United States Government natural tendency to influence, or be capable Commission, including the hiring of staff. for a civil penalty of not less than $5,000 and of influencing, the payment or receipt of (5) QUORUM; VACANCIES.—After the initial not more than $10,000, as adjusted by the money or property.’’; meeting of the Commission, the Commission Federal Civil Penalties Inflation Adjustment (3) by redesignating subsections (d) and (e) shall meet upon the call of the Chairperson Act of 1990 (28 U.S.C. 2461 note; Public Law as subsections (c) and (d), respectively; and or a majority of its members. Six members 104–410), plus 3 times the amount of damages (4) in subsection (c), as redesignated, by of the Commission shall constitute a which the Government sustains because of striking ‘‘subparagraphs (A) through (C) of quorum. Any vacancy on the Commission the act of that person. subsection (a)’’ and inserting ‘‘subsection shall not affect its powers, but shall be filled ‘‘(2) REDUCED DAMAGES.—If the court finds (a)(2)’’. in the same manner in which the original ap- that— (b) EFFECTIVE DATE AND APPLICATION.—The pointment was made. ‘‘(A) the person committing the violation amendments made by this section shall take (c) FUNCTIONS OF THE COMMISSION.—The of this subsection furnished officials of the effect on the date of enactment of this Act functions of the Commission are— United States responsible for investigating and shall apply to conduct on or after the (1) to examine the causes of the current fi- false claims violations with all information date of enactment, except that subparagraph nancial and economic crisis in the United known to such person about the violation (B) of section 3729(a)(1) of title 31, United States, including the role, if any, of— within 30 days after the date on which the States Code, as added by subsection (a)(1), (A) fraud and abuse in the financial sector; defendant first obtained the information; shall take effect as if enacted on June 7, 2008, (B) Federal and State financial regulators, ‘‘(B) such person fully cooperated with any and apply to all claims under the False including the extent to which they enforced, Government investigation of such violation; Claims Act (31 U.S.C. 3729 et seq.) that are or failed to enforce statutory, regulatory, or and pending on or after that date. supervisory requirements;

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(C) the global imbalance of savings, inter- (i) IN GENERAL.—In the case of contumacy pointed under paragraph (1) or (2) shall be national capital flows, and fiscal imbalances or failure to obey a subpoena issued under treated as an employee for purposes of chap- of various governments; paragraph (1)(B), the United States district ters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of (D) monetary policy and the availability court for the judicial district in which the that title. and terms of credit; subpoenaed person resides, is served, or may (4) DETAILEES.—Any Federal Government (E) accounting practices, including, mark- be found, or where the subpoena is return- employee may be detailed to the Commission to-market and fair value rules, and treat- able, may issue an order requiring such per- without reimbursement from the Commis- ment of off-balance sheet vehicles; son to appear at any designated place to tes- sion, and such detailee shall retain the (F) tax treatment of financial products and tify or to produce documentary or other evi- rights, status, and privileges of his or her investments; dence. Any failure to obey the order of the regular employment without interruption. (G) capital requirements and regulations court may be punished by the court as a con- (5) CONSULTANT SERVICES.—The Commis- on leverage and liquidity, including the cap- tempt of that court. sion is authorized to procure the services of ital structures of regulated and non-regu- (ii) ADDITIONAL ENFORCEMENT.—Sections experts and consultants in accordance with lated financial entities; 102 through 104 of the Revised Statutes of the section 3109 of title 5, United States Code, (H) credit rating agencies; United States (2 U.S.C. 192 through 194) shall but at rates not to exceed the daily rate paid (I) lending practices and securitization, in- apply in the case of any failure of any wit- a person occupying a position at level IV of cluding the originate-to-distribute model for ness to comply with any subpoena or to tes- the Executive Schedule under section 5315 of extending credit and transferring risk; tify when summoned under the authority of title 5, United States Code. (J) affiliations between insured depository this section. (f) COMPENSATION AND TRAVEL EXPENSES.— institutions and securities, insurance, and (3) CONTRACTING.—The Commission may (1) COMPENSATION.—Each member of the other types of nonbanking companies; enter into contracts to enable the Commis- Commission may be compensated at a rate (K) market participant expectations that sion to discharge its duties under this sec- not to exceed the daily equivalent of the an- certain institutions were ‘‘too-big-to-fail’’; tion. nual rate of basic pay in effect for a position (L) corporate governance, including the (4) INFORMATION FROM FEDERAL AGENCIES at level IV of the Executive Schedule under impact of company conversions from part- AND OTHER ENTITIES.— section 5315 of title 5, United States Code, for nerships to corporations; (A) IN GENERAL.—The Commission may se- each day during which that member is en- cure directly from any department, agency, (M) compensation structures; gaged in the actual performance of the du- or instrumentality of the United States any (N) changes in compensation for employees ties of the Commission. information related to any inquiry of the of financial companies, as compared to com- (2) TRAVEL EXPENSES.—While away from Commission conducted under this section, pensation for others with similar skill sets their homes or regular places of business in including information of a confidential na- in the labor market; the performance of services for the Commis- ture (which the Commission shall maintain (O) Federal housing policy; sion, members of the Commission shall be al- in a secure manner). Each such department, (P) derivatives and unregulated financial lowed travel expenses, including per diem in agency, or instrumentality shall furnish products and practices; lieu of subsistence, in the same manner as such information directly to the Commission (Q) short-selling; persons employed intermittently in the Gov- upon request. (R) financial institution reliance on nu- ernment service are allowed expenses under (B) OTHER ENTITIES.—It is the sense of the merical models, including risk models and Congress that the Commission should seek section 5703(b) of title 5, United States Code. credit ratings; testimony or information from principals (g) REPORT OF THE COMMISSION; APPEAR- (S) the legal and regulatory structure gov- and other representatives of government ANCE BEFORE AND CONSULTATIONS WITH CON- erning financial institutions; agencies and private entities that were sig- GRESS.— (T) the legal and regulatory structure gov- nificant participants in the United States (1) REPORT.—On December 15, 2010, the erning investor protection; and global financial and housing markets Commission shall submit to the President (U) financial institutions and government- during the time period examined by the and to Congress a report containing the find- sponsored enterprises; Commission. ings and conclusions of the Commission on (V) the reliance on credit ratings by Fed- (5) FUNDING.—The Secretary of the Treas- the causes of the current financial and eco- eral financial regulators, and the use of cred- ury shall provide, out of money previously nomic crisis in the United States. it ratings in financial regulation; and appropriated, $5,000,000 to the Commission to (2) INSTITUTION-SPECIFIC REPORTS AUTHOR- (W) the quality of due diligence under- carry out this section, to remain available IZED.—At the discretion of the chairperson of taken by financial institutions; until expended or until termination of the the Commission, the report under paragraph (2) to examine the causes of the collapse of Commission under subsection (h). (1) may include reports or specific findings each major financial institution that failed (6) DONATIONS OF GOODS AND SERVICES.— on any financial institution examined by the (including institutions that were acquired to The Commission may accept, use, and dis- Commission under subsection (c)(2). prevent their failure) or was likely to have pose of gifts or donations of services or prop- (3) APPEARANCE BEFORE CONGRESS.—The failed if not for the receipt of exceptional erty. chairperson of the Commission shall, not Government assistance from the Department (7) POSTAL SERVICES.—The Commission later than 120 days after the date of submis- of the Treasury during the period beginning may use the United States mails in the same sion of the final reports under paragraph (1), in August 2007 through April 2009; manner and under the same conditions as de- appear before the Committee on Banking, (3) to submit a report under subsection (g); partments and agencies of the United States. Housing, and Urban Affairs of the Senate and (4) to refer to the Attorney General of the (8) POWERS OF SUBCOMMITTEES, MEMBERS, the Committee on Financial Services of the United States and any appropriate State at- AND AGENTS.—Any subcommittee, member, House of Representatives regarding such re- torney general any person that the Commis- or agent of the Commission may, if author- ports and the findings of the Commission. sion finds may have violated the laws of the ized by the Commission, take any action (4) CONSULTATIONS WITH CONGRESS.—The United States in relation to such crisis; and which the Commission is authorized to take Commission shall consult with the Com- (5) to review and build upon the record of by this section. mittee on Banking, Housing, and Urban Af- the Committee on Banking, Housing, and (e) STAFF OF THE COMMISSION.— fairs of the Senate and the Committee on Fi- Urban Affairs of the Senate, the Committee (1) DIRECTOR.—The Commission shall have nancial Services of the House of Representa- on Financial Services of the House of Rep- a Director who shall be appointed by the tives, and may consult with other Commit- resentatives, other Congressional commit- Chairperson and the Vice Chairperson, act- tees of Congress, for purposes of informing tees, the Government Accountability Office, ing jointly. Congress on the work of the Commission. and other legislative panels with respect to (2) STAFF.—The Chairperson and the Vice (h) TERMINATION OF COMMISSION.— the current financial and economic crisis. Chairperson may jointly appoint additional (1) IN GENERAL.—The Commission, and all (d) POWERS OF THE COMMISSION.— personnel, as may be necessary, to enable the authorities of this section, shall termi- (1) HEARINGS AND EVIDENCE.—The Commis- the Commission to carry out its functions. nate 60 days after the date on which the final sion may, for purposes of carrying out this (3) APPLICABILITY OF CERTAIN CIVIL SERVICE report is submitted under subsection (g). section— LAWS.—The Director and staff of the Com- (2) ADMINISTRATIVE ACTIVITIES BEFORE TER- (A) hold hearings, sit and act at times and mission may be appointed without regard to MINATION.—The Commission may use the 60- places, take testimony, receive evidence, and the provisions of title 5, United States Code, day period referred to in paragraph (1) for administer oaths; and governing appointments in the competitive the purpose of concluding its activities, in- (B) require, by subpoena or otherwise, the service, and may be paid without regard to cluding providing testimony to committees attendance and testimony of witnesses and the provisions of chapter 51 and subchapter of Congress concerning its reports and dis- the production of books, records, correspond- III of chapter 53 of such title relating to clas- seminating the final report submitted under ence, memoranda, papers, and documents. sification and General Schedule pay rates, subsection (g). (2) SUBPOENAS.— except that no rate of pay fixed under this TITLE II—SELECT COMMITTEE ON INVES- (A) SERVICE.—Subpoenas issued under paragraph may exceed the equivalent of that TIGATION OF THE ECONOMIC CRISIS paragraph (1)(B) may be served by any per- payable for a position at level V of the Exec- son designated by the Commission. utive Schedule under section 5316 of title 5, SEC. 201. FINDINGS. (B) ENFORCEMENT.— United States Code. Any individual ap- The Senate finds the following:

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(1) The United States is currently facing (2) DATE.—The appointments of the mem- (c) AUTHORIZATION, ISSUANCE, AND EN- an unprecedented economic crisis, with mas- bers of the Select Committee shall be made FORCEMENT OF SUBPOENAS.— sive losses of jobs in the United States and not later than 30 days after the date of en- (1) AUTHORIZATION AND ISSUANCE.—Sub- an alarming contraction of economic activ- actment of this title. poenas authorized and issued under this sec- ity in the United States. (b) VACANCIES.—Any vacancy in the Select tion— (2) The United States Government has Committee shall not affect its powers, but (A) may be done only with the joint con- pledged, committed, or loaned more than shall be filled in the same manner as the currence of the Chair and the Vice Chair of $9,000,000,000,000 as of February 2009 in an at- original appointment. the Select Committee; tempt to mitigate and resolve the economic (c) SERVICE.—Service of a Senator as a (B) shall bear the signature of the Chair or crisis and trillions of dollars more may well member, Chair, or Vice Chair of the Select the designee of the Chair; and be necessary before the crisis is over. Committee shall not be taken into account (C) shall be served by any person or class of (3) The economic crisis reaches into, and for the purposes of paragraph (4) of rule XXV persons designated by the Chair for that pur- has impacted, almost every aspect of the of the Standing Rules of the Senate. pose anywhere within or without the borders United States economy and significant parts (d) CHAIR AND VICE CHAIR.—The Chair of of the United States to the full extent pro- of the international economy. the Select Committee shall be designated by vided by law. (4) Any thorough and complete study and the majority leader of the Senate, and the (2) ENFORCEMENT.—The Select Committee investigation of this complex and far-reach- Vice Chair of the Select Committee shall be may make to the Senate by report or resolu- ing economic crisis will require sustained designated by the minority leader of the tion any recommendation, including a rec- and singular focus for many months. Senate. ommendation for criminal or civil enforce- (5) A study and investigation of this size (e) QUORUM.— ment, that the Select Committee considers and scope implicates the jurisdiction of sev- (1) REPORTS AND RECOMMENDATIONS.—A ma- appropriate with respect to— eral Standing Committees of the Senate and, jority of the members of the Select Com- (A) the failure or refusal of any person to if it is to be done correctly and timely, will mittee shall constitute a quorum for the pur- appear at a hearing or deposition or to require a degree of undivided attention and pose of reporting a matter or recommenda- produce or preserve documents or materials resources beyond the capacity of the Stand- tion to the Senate. described in subsection (b)(4) in obedience to ing Committees of the Senate, which are al- (2) TESTIMONY.—One member of the Select a subpoena or order of the Select Committee; ready over-burdened. Committee shall constitute a quorum for the (B) the failure or refusal of any person to (6) Adding such a significant study and in- purpose of taking testimony. answer questions truthfully and completely vestigation to the duties of the existing (3) OTHER BUSINESS.—A majority of the during the person’s appearance as a witness Standing Committees of the Senate would members of the Select Committee, or 1⁄3 of at a hearing or deposition of the Select Com- make it difficult for such committees to get the members of the Select Committee if at mittee; or their regular required work accomplished, least one member of the minority party is (C) the failure or refusal of any person to particularly when so much attention and so present, shall constitute a quorum for the comply with any subpoena or order issued many resources are appropriately devoted to purpose of conducting any other business of under the authority of subsection (b). responding to the ongoing economic crisis. the Select Committee. (d) AVOIDANCE OF DUPLICATION.— (7) Dozens of important investigations SEC. 205. RULES AND PROCEDURES. (1) IN GENERAL.—To expedite the study and have been conducted with the creation of a (a) GOVERNANCE UNDER STANDING RULES OF investigation, avoid duplication, and pro- select committee of the Senate for a specific SENATE.—Except as otherwise specifically mote efficiency under this title, the Select purpose and a set time. provided in this title, the investigation, Committee shall seek to— (8) The American public has a right to get study, and hearings conducted by the Select (A) confer with other investigations into straight answers on how this economic crisis Committee shall be governed by the Stand- the matters set forth in section 203(a); and developed and what steps should be taken to ing Rules of the Senate. (B) access all information and materials make sure that nothing like it happens (b) ADDITIONAL RULES AND PROCEDURES.— acquired or developed in such other inves- again. In addition to the provisions of section tigations. SEC. 202. SELECT COMMITTEE ON INVESTIGA- 208(h), the Select Committee may adopt ad- (2) ACCESS TO INFORMATION AND MATE- TION OF THE ECONOMIC CRISIS. ditional rules or procedures if the Chair and RIALS.—The Select Committee shall have, to There is established a select committee of the Vice Chair of the Select Committee the fullest extent permitted by law, access to the Senate to be known as the Select Com- agree, or if the Select Committee by major- any such information or materials obtained mittee on Investigation of the Economic Cri- ity vote so decides, that such additional by any other governmental department, sis (hereafter in this title referred to as the rules or procedures are necessary or advis- agency, or body investigating the matters ‘‘Select Committee’’). able to enable the Select Committee to con- set forth in section 203(a). SEC. 203. PURPOSE AND DUTIES. duct the investigation, study, and hearings SEC. 207. REPORTS. (a) PURPOSE.—The purpose of the Select authorized by this title. Any such additional (a) INITIAL REPORT.—The Select Committee Committee is to study and investigate the rules and procedures— shall submit to the Senate a report on the facts and circumstances giving rise to the (1) shall not be inconsistent with this title study and investigation conducted pursuant current economic crisis facing the United or the Standing Rules of the Senate; and to section 203 not later than one year after States and to recommend actions to be (2) shall become effective upon publication the appointment of all of the members of the taken to prevent a future recurrence of such in the Congressional Record. Select Committee. a crisis. (b) UPDATED REPORT.—The Select Com- SEC. 206. AUTHORITY OF SELECT COMMITTEE. (b) DUTIES.—The Select Committee is au- mittee shall submit an updated report on (a) IN GENERAL.—The Select Committee thorized and directed to do everything nec- such investigation not later than 180 days may exercise all of the powers and respon- essary or appropriate to conduct the study after the submittal of the report under sub- sibilities of a committee under rule XXVI of and investigation specified in subsection (a). section (a). Without restricting in any way the author- the Standing Rules of the Senate. (c) FINAL REPORT.—The Select Committee ity conferred on the Select Committee by (b) POWERS.—The Select Committee or, at shall submit a final report on such investiga- the preceding sentence, the Senate further its direction, any subcommittee or member tion not later than two years after the ap- expressly authorizes and directs the Select of the Select Committee, may, for the pur- pointment of all of the members of the Se- Committee to examine the facts and cir- pose of carrying out this title— lect Committee. cumstances giving rise to the current eco- (1) hold hearings; (d) ADDITIONAL REPORTS.—The Select Com- nomic crisis facing the United States, and (2) administer oaths; mittee may submit any additional report or report on such examination, regarding the (3) sit and act at any time or place during reports that the Select Committee considers following: the sessions, recess, and adjournment periods appropriate. (1) The causes of the current economic cri- of the Senate; (e) FINDINGS AND RECOMMENDATIONS.—The sis. (4) authorize and require, by issuance of reports under this section shall include find- (2) Lessons learned from the current eco- subpoena or otherwise, the attendance and ings and recommendations of the Select nomic crisis. testimony of witnesses and the preservation Committee regarding the matters considered (3) Actions to prevent a recurrence of an and production of books, records, cor- under section 203. economic crisis such as the current eco- respondence, memoranda, papers, docu- (f) DISPOSITION OF REPORTS.—All reports nomic crisis. ments, tapes, and any other materials in made by the Select Committee shall be sub- SEC. 204. COMPOSITION OF SELECT COMMITTEE. whatever form the Select Committee con- mitted to the Secretary of the Senate. All (a) MEMBERSHIP.— siders advisable; reports made by the Select Committee shall (1) IN GENERAL.—The Select Committee (5) take testimony, orally, by sworn state- be referred to the committee or committees shall consist of 7 members of the Senate of ment, by sworn written interrogatory, or by that have jurisdiction over the subject mat- whom— deposition, and authorize staff members to ter of the report. (A) 4 members shall be appointed by the do the same; and SEC. 208. ADMINISTRATIVE PROVISIONS. majority leader of the Senate; and (6) issue letters rogatory and requests, (a) STAFF.— (B) 3 members shall be appointed by the through appropriate channels, for any other (1) IN GENERAL.—The Select Committee minority leader of the Senate. means of international assistance. may employ in accordance with paragraph

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4781 (2) a staff composed of such clerical, inves- EQUAL PAY DAY firsthand the progress our Nation has tigatory, legal, technical, and other per- Mr. BURRIS. Mr. President, many of made over the past half century. The sonnel as the Select Committee, or the Chair my colleagues and countless Americans stubborn barriers of race and gender and the Vice Chair of the Select Committee known to my parents’ generation have considers necessary or appropriate. across the country recognize today as (2) APPOINTMENT OF STAFF.—The staff of Equal Pay Day, a solemn reminder of been shattered. Even in my own life- the Select Committee shall consist of such the enduring wage gap that separates time, I have seen changes few could personnel as the Chair and the Vice Chair women from men. We mark this in- have imagined. But for all the progress shall jointly appoint. Such staff may be re- equity on a day in late April because it we have made, there is still a very long moved jointly by the Chair and the Vice has taken many women from January way to go. It is this slow, steady march Chair, and shall work under the joint general 2008 until now to earn what their male toward our highest aspirations—the ac- supervision and direction of the Chair and counterparts brought home in 2008 tive progress of perfecting our Union— the Vice Chair. alone. This is simply not acceptable. that defines the shared destiny of all (b) COMPENSATION.—The Chair and the Vice At a time of widespread economic un- Americans: Black and White, male and Chair of the Select Committee shall jointly fix the compensation of all personnel of the certainty, the disparity is more trou- female, from all walks of life, and staff of the Select Committee. bling than ever. We can and must do every corner of the globe. (c) REIMBURSEMENT OF EXPENSES.—The Se- better. The Paycheck Fairness Act rep- lect Committee may reimburse the members In 1963, this body passed the Equal resents a concrete step in closing the of its staff for travel, subsistence, and other Pay Act which was signed into law and gender wage gap and another powerful necessary expenses incurred by such staff represented a triumph for America’s stride in the march to equality. It is a members in the performance of their func- workforce. That legislation laid the measure that stands for common sense, tions for the Select Committee. groundwork for significant progress. It good governance, and equal oppor- (d) SERVICES OF SENATE STAFF.—The Select established a set of principles that de- tunity. I am proud to cosponsor the Committee may use, with the prior consent clared the United States of America as of the chair of any other committee of the Paycheck Fairness Act, and I urge my a nation that does not discriminate colleagues to join with me in sup- Senate or the chair of any subcommittee of based on gender. It was an important any committee of the Senate, the facilities porting women in the workforce. of any other committee of the Senate, or the first step. Nearly 50 years have passed It is my hope we will soon commemo- services of any members of the staff of such since that day. rate Equal Pay Day not as a grim re- committee or subcommittee, whenever the It is clear that we have more work to minder of the gender pay gap but as a Select Committee or the Chair of the Select do. day we took decisive action to stop dis- The Paycheck Fairness Act, which I Committee considers that such action is nec- crimination in its tracks. I ask my col- am proud to cosponsor, would update essary or appropriate to enable the Select leagues to join me in this effort and to Committee to carry out its responsibilities, the original Equal Pay Act and bring duties, or functions under this title. the law in line with our Nation’s other adopt the Paycheck Fairness Act with- out delay. (e) DETAIL OF EMPLOYEES.—The Select important civil rights laws. The Bu- Committee may use on a reimbursable basis, reau of Labor Statistics tells us that in Mr. President, I yield the floor. with the prior consent of the head of the de- 2007, women with full-time employ- The PRESIDING OFFICER. The Sen- partment or agency of Government con- ment earned roughly 78 cents for every ator from Ohio. cerned and the approval of the Committee on Mr. BROWN. Mr. President, I ask Rules and Administration of the Senate, the dollar men earned. This represents modest progress compared to 2006, unanimous consent to address the Sen- services of personnel of such department or ate for 5 minutes. agency. when the ratio stood at slightly less than 77 cents on the dollar. Sadly, The PRESIDING OFFICER. The Sen- (f) TEMPORARY AND INTERMITTENT SERV- ator from Ohio is recognized for 5 min- ICES.—The Select Committee may procure women of color earn significantly less, the temporary or intermittent services of in- even when they have the same quali- utes without objection. dividual consultants, or organizations there- fications as men they work alongside. f of. Over the course of a 40-year career, WORKERS MEMORIAL DAY (g) PAYMENT OF EXPENSES.—There shall be women can lose as much as $1 million paid out of the applicable accounts of the to the gender age gap. Nationwide that Mr. BROWN. Mr. President, today is Senate such sums as may be necessary for means roughly $200 billion of lost in- Workers Memorial Day, which has been the expenses of the Select Committee. Such come every single year. With families established for many years in this payments shall be made on vouchers signed country, a day when we honor injured by the Chair of the Select Committee and ap- across America tightening their belts and working harder than ever to make workers. It is a day that is particularly proved in the manner directed by the Com- important for the families of some 5,000 mittee on Rules and Administration of the ends meet, it would be a serious failure Senate. Amounts made available under this on the part of this Congress to ignore Americans every year who are killed subsection shall be expended in accordance this call to action. on the job. It is hard to believe that in with regulations prescribed by the Com- With this in mind, we must move our country that is about 100 workers a mittee on Rules and Administration of the swiftly to pass the Paycheck Fairness week. Some 15 workers every single Senate. Act. This comprehensive bill would en- day in our country are killed in a (h) CONFLICTS OF INTEREST.—The Select courage employers to follow the law by workplace accident, some of them Committee shall issue rules to prohibit or creating substantial incentives and union, most of them nonunion workers, minimize any conflicts of interest involving strengthening penalties for equal pay workers who say goodbye to their its members, staff, detailed personnel, con- spouse or to their children or to their sultants, and any others providing assistance violations, aligning it more closely to the Select Committee. Such rules shall with civil rights legislation. It would mother or father and go off to work ex- not be inconsistent with the Code of Official close loopholes. It would prohibit em- pecting just another day at the job and Conduct of the Senate or applicable Federal ployer retaliation, improve Federal they never come home. law. outreach, and strengthen enforcement Workers are killed in all kinds of SEC. 209. EFFECTIVE DATE; TERMINATION. efforts. The bill would also draw on a construction accidents. That number of (a) EFFECTIVE DATE.—This title shall take measure already enacted in the great 5,000—some 5,500, actually, in the year effect on the date of enactment of this title. State of Illinois to fix the established 2007—does not even count people who (b) TERMINATION.—The Select Committee requirement clarifying reasonable die from workplace acquired diseases, shall terminate three months after the sub- points of comparison between employ- workers who might be sickened by Di- mittal of the report required by section ees to determine their fair wages. All acetyl, the popcorn lung disease that 207(c). of this, together with increased train- workers in Ohio have contracted. The PRESIDING OFFICER. The Sen- ing, education, and research, means the Today, under the chairmanship of ator from Illinois is recognized. Paycheck Fairness Act would invig- Senator MURRAY, the Health, Edu- Mr. BURRIS. I ask unanimous con- orate the landmark equal pay legisla- cation, Labor, and Pensions Committee sent to speak as in morning business. tion of the 1960s and provide much held a hearing to commemorate Work- The PRESIDING OFFICER. Without needed updates for the 21st century. ers Memorial Day: Dr. Celeste objection, it is so ordered. In all of my years of public life, I Monforton, Jim Frederick, and Tammy Mr. BURRIS. I thank the Chair. have had the privilege of witnessing Miser. Tammy Miser’s brother was

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The Sen- more affordable by creating an inde- Health Administration; that the fami- ator from Maryland is recognized. pendent State agency to control spend- lies of victims or workers injured or Ms. MIKULSKI. Mr. President, I sug- ing on health care and simplify the killed on the job don’t have the input gest the absence of a quorum. process of obtaining health care for her into the Occupational Safety and The PRESIDING OFFICER. The constituents. Health Administration they should clerk will call the roll. Undoubtedly, Governor Sebelius have. In fact, those workers complain— The Sr. Asst. Parliamentarian (Eliza- brings a wealth of knowledge and lead- as did people who represented them beth MacDonough) proceeded to call ership experience that will be critical today at this committee hearing—that the roll. in her new role as the Secretary of too often during the last few years Mrs. SHAHEEN. Mr. President, I ask Health and Human Services. there has been a voluntary kind of unanimous consent that the order for I urge my colleagues to join me in compliance through OSHA, and vol- the quorum call be rescinded. supporting nominee Kathleen Sebelius untary compliance doesn’t work to The PRESIDING OFFICER. Without for Secretary of Health and Human save lives and make the workplace objection, it is so ordered. Services. She is the right choice at a safer. So I applaud what Secretary Mrs. SHAHEEN. Mr. President, I rise time when we desperately need leader- Solis is doing, and I applaud what Sen- in support of our nominee for Sec- ship at the Department of Health and retary of Health and Human Services, Human Services. ator MURRAY is doing. Gov. Kathleen Sebelius. I have known Mr. President, I yield the floor. I close with this: One of my first Ms. SNOWE. Mr. President, I rise Workers Memorial Days was in Lor- her for over 20 years. I believe she is an excellent nominee, one who brings a today to speak in support of the con- raine, OH, arranged by local labor or- firmation of Governor Kathleen ganizations. I was given this pin I wealth of knowledge and skill to the position at a time when we need it the Sebelius as Secretary of the Depart- wear. It is a depiction of a canary in a ment of Health and Human Services. bird cage. The mine workers, as we most. As our country and the world begins This nomination comes at a trans- know, 100 years ago used to take a ca- formational moment and at a monu- nary down in the mines with them. If it to battle a very serious outbreak of the swine flu, we need Governor Sebelius’s mental time—as the American people died from lack of oxygen or toxic gas, look to the Federal Government to the miner knew he had to get out of leadership now. Over 100 deaths have been reported in Mexico, and here in achieve systemic change to ensure that the mine immediately. In those days all have affordable access to health there were no unions strong enough to America we have confirmed cases in 5 States. It is urgent we have a leader in care. The Senate Finance Committee, protect them, and they had no govern- of which I am a member—along with ment that cared enough to protect place at Health and Human Services who can respond to this threat. the HELP Committee—is working them. Those days are behind us. mightily to craft reforms to address Back in 1970, the Occupational Governor Sebelius is that person. She recognizes the need to work with ex- the current unacceptable reality of 70 Health and Safety Agency was set up million Americans lacking adequate by the Government. It has made a huge perts and scientists on a global scale to make key public health decisions. Our coverage, and the increasingly difference, but nonetheless 100 people unsustainable costs that undermine citizens need and deserve to know that in this country show up for work and the health security of all Americans. our Government is doing everything it die on the job every single day on the At the same time, our Nation faces average, and that is not counting possibly can to protect the public and the most severe economic distress we workplace diseases. to control this outbreak. We simply have witnessed since the Great Depres- So we have a lot of work to do so cannot afford to delay action in filling sion, with more than 2.6 million jobs that by April 28 of next year we can this important Cabinet post. lost last year. And it is the Depart- commemorate Workers Memorial Day Also, as we embark on national ment of Health and Human Services with significantly fewer workplace in- health care reform, we need a leader that stands at the forefront of helping juries and significantly fewer work- who appreciates the importance of to mitigate the consequences through place deaths. health care security to everyday peo- our health and poverty programs. I yield the floor and thank the Presi- ple. Kathleen Sebelius is a common- Therefore, there can be no doubt of the dent. sense leader who understands the com- necessity for sound executive leader- plexities of our health care system. f ship at HHS. Through her experience as Governor of Indeed, given both its prominence EXECUTIVE SESSION Kansas, State insurance commissioner, and its status as one of the largest de- and President of the National Associa- partments in the Federal Govern- tion of Insurance Commissioners, she ment—which also oversees programs NOMINATION OF KATHLEEN has a broad and deep understanding of upon which nearly 1 in 3 Americans SEBELIUS TO BE SECRETARY OF health care and will be an outstanding rely for their health care—our next HEALTH AND HUMAN SERV- leader as we work to fix our broken Secretary of Health and Human Serv- ICES—Continued system. ices should be a talented public official The PRESIDING OFFICER. Under Governor Sebelius has worked tire- possessing a depth and breadth of expe- the previous order, the Senate will re- lessly to improve the quality and af- rience as both a skilled administrator turn to executive session to resume fordability of health care for the people and manager, and a professional com- consideration of the Sebelius nomina- of Kansas, and she will do the same for mitted to systemic health reform. In tion. all Americans. that light, as former Kansas State In- f As a former Governor, I understand surance Commissioner and now as Gov- the pressures of balancing a budget and ernor—and with her experience in tack- RECESS working across party lines to get ling health care issues in her State—I The PRESIDING OFFICER. Under things done, and I commend Governor believe Governor Sebelius possesses the the previous order, the Senate stands Sebelius for her track record of suc- knowledge and skills to meet the press- in recess until 2:15 p.m. cess. Upon taking office, she faced a ing demands facing our next leader of Whereupon, the Senate, at 12:35 p.m., projected $1 billion deficit. So she im- HHS. recessed until 2:15 p.m. and reassem- plemented a top-to-bottom audit of In her work as Kansas State Insur- bled when called to order by the Pre- State government that produced sig- ance Commissioner she rightly recog- siding Officer (Mr. BURRIS). nificant savings and efficiencies. Under nized a takeover of her State’s largest

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4783 health plan as a threat to affordable does not address the fundamental mar- Mr. MCCAIN. Mr. President, I regret coverage and fought vigorously and ket reforms required. In her Finance that I must oppose the nomination of successfully to maintain its independ- Committee confirmation hearing, I Gov. Kathleen Sebelius to be the next ence. As Governor, she worked to re- questioned Governor Sebelius on this Secretary of Health and Human Serv- duce State government spending, and issue, and she noted that proper stand- ices, HHS. I reached this decision after resisted tax increases until the Kansas ards and regulation, similar to the ap- examining her qualifications and posi- State Supreme Court mandated a new proach I have taken with Senator DUR- tions on matters important to the school financing program. That is sig- BIN in the Small Business Health Op- health and well-being of the American nificant as, for health reform to suc- tion Program Act, SHOP, to reform the public. I did not treat this decision ceed, we must ensure that every Amer- small group market, is critical to mak- lightly, only reaching it after very ican is assured of affordable access to ing insurance markets work. I was careful deliberation. quality health coverage—but, of equal pleased to see her willingness to exam- The next Secretary of HHS is ex- importance, we must reform health ine this issue, as she noted, ‘‘It may be pected to oversee an effort to overhaul care to deliver better value and that at the end of the day that the stand- our Nation’s health care system in the requires a Secretary who will look first ards are effective enough that the com- coming year, and Americans need to to cost savings and delivery reforms petition from a public plan is not a val- know that their rights as patients will before we consider new revenue. uable asset.’’ I look forward to working be respected and protected by Wash- Moreover, HHS will be well-served by with Governor Sebelius to develop so- ington. While I appreciate Governor a Secretary who is committed to build- lutions to ensure that insurance mar- Sebelius’s efforts to respond to some of ing the bipartisan consensus necessary kets do work effectively so we attain my concerns about different health to pass the best possible health reform both the competitive pricing and care proposals that the administration legislation that will have the greatest choices in coverage which are so valued supports, her responses did not offer level of credibility with the American by Americans. the assurances that I sought. Namely, I people. And on that note, it is telling I know that several of my colleagues am concerned over her responses to that Governor Sebelius was the first will oppose Governor Sebelius’ nomina- questions posed to her by the Health, Democrat elected Kansas State Insur- tion over the issue of abortion rights in Education, Labor, and Pensions, HELP, ance Commissioner in more than 100 general and over campaign contribu- Committee and Finance Committee years, that in her gubernatorial cam- tions from one doctor in particular. In members on the role of public health paigns she has twice chosen a Repub- that vein, Governor Sebelius has right- plans in health reform and over the lican running mate, and that Time ly noted that she should have consoli- role of comparative effectiveness and Magazine ranked her in 2005 as one of dated reporting of all contributions its potential role in dictating medical the five best Governors. from the doctor, his practice, and his practice patterns. Given her history, I think the Gov- family, both to her campaign and polit- I believe that our Nation’s health ernor understands the hazards of a po- ical action committees. Concurrently, system is broken and in order to fix it, litically polarized environment. In- it is important to note that all of these we must address health insurance as deed, today, some propose that we craft contributions were disclosed. And, in part of the overall reform effort. How- the most significant health legislation my view, there is no reason to believe ever, I believe that reforms should in- in our history by undermining the very this regrettable oversight was any- vigorate the free market system and rules of the Senate which help ensure thing but unintentional. promote competition among health in- that this Chamber creates broad con- Moreover, it would be unrealistic to surance plans to cover every indi- sensus—through the application of the deny that sharp divisions exist in our vidual. I do not think that our Nation budget reconciliation process. But to Nation regarding reproductive rights, can afford, as Governor Sebelius and craft a complex reform of health care and I certainly respect there are deeply President Obama suggest, a govern- with this approach would be wholly in- held views on both sides. At the same ment-run health plan included in a Na- appropriate, as any bill it would time, it should not be surprising that a tional Health Insurance Exchange. produce would lack the broad support nominee of our current President Such a plan would have many unfair necessary to both enact and sustain would hold the views she has espoused advantages over private plans, includ- such a momentous initiative. We and, in my view, that must not unduly ing having the weight of the Federal should not be drawing lines in the sand detract from a thorough and com- Government to potentially administra- up front in this debate. It is neither prehensive analysis of her qualifica- tively set prices. Additionally, and constructive nor conducive to the proc- tions. more importantly, a recent Lewin ess, and Governor Sebelius should rec- Finally, the fact is that in this time Group study estimated that about 120 ognize that reconciliation threatens to of historic challenges—and especially million Americans could lose their em- simply increase polarization. given the concerning developments of ployer-based coverage and be pushed I also note that, while the Governor this week, as we face the threat of an into a government-run plan—contra- has enjoyed notable successes in Kan- influenza epidemic—HHS should have a dicting then Candidate Obama’s prom- sas, she has also experienced dis- Secretary to lead the Department. ise that if Americans like the insur- appointments in her efforts to expand While various units from CDC to the ance they have today, nothing will coverage, so she certainly comprehends Department of Homeland Security change. My fears that a public plan the nature of the difficulties ahead. have worked together to coordinate ef- would be unfairly advantaged and be Certainly, there will be an intense forts and marshal resources to combat the start to a single-payer system were struggle by myriad interests to protect this outbreak, HHS leadership is vital unfortunately not alleviated by Gov- the status quo. But the reality is clear. to achieving optimal coordination of ernor Sebelius’s responses. Unless we achieve an equitable, bal- its agencies and effectively commu- I strongly oppose a European style anced approach, we cannot achieve sus- nicating to the public. approach to health care where care is tainable health security for all. Today, Governor Sebelius comes be- effectively rationed. Americans deserve That should mean a level playing fore us as an individual who is highly the best health care system in the field with regard to the competitive en- capable, eminently qualified, and world—and with appropriate reforms vironment. We must ensure there is managerially prepared to assume the we can continue to assure everyone ac- proper regulation and oversight—and helm of the Department of Health and cess to quality health care. I also un- at the same time, we must assure that Human Services. She is fully cognizant derstand that today’s medical research real competition and innovation are fa- of the daunting challenges ahead, and is increasingly focused on an individ- cilitated among health plans—just as it she will be an asset to this administra- ualized treatment approach for pa- exists between health care providers, tion. I look forward to working with tients, and I believe that this treat- and producers of drugs and medical de- her this year to achieve health security ment trend is threatened by efforts to vices. The creation of a public plan op- for all Americans, and I encourage my embrace comparative effectiveness re- tion certainly is no panacea to the colleagues to join with me in sup- search. While I believe that compara- problems of health coverage—it simply porting the Governor’s confirmation. tive effectiveness research can provide

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Using budget shortcuts— I hope we can work together to find so- at Great Britain where centralized au- known inside the beltway as reconcili- lutions for this common priority. thorities—rather than a patient’s doc- ation—is the exact opposite of keeping In closing, while I intend to vote no tor—decide whether cancer patients all options on the table because it on this nomination, it is my hope and can receive lifesaving care and which shuts out members of the minority expectation that we will put aside our patients are denied access to beneficial party. It will also shut out many cen- differences to find meaningful solu- treatment options to see why so many trist Democrats, who want to see tions that will make a positive dif- of us are alarmed. While Governor health care reform based on a competi- ference in people’s lives. Sebelius said that the Medicare Mod- tive private market, which is fully paid Mr. GRASSLEY. Mr. President, I am ernization Act of 2003 prevented using for. That is not a formula for bipar- pleased to be here again to speak in comparative effectiveness research for tisan success. An open, transparent support of the Fraud Enforcement Re- coverage decisions, the National Insti- process with a full debate is the best covery Act. I urge my colleagues to tutes of Health appears to be moving in way to achieve a bipartisan product. join me in supporting this bill so we that direction by funding comparative At both the Member and staff level, can pass this important legislation. I effectiveness research that includes Senators on both sides of the aisle con- cosponsored this bill because I believe treatment cost comparisons. This tinue to meet regularly to discuss that we need to do something to show trend is alarming and should be of con- health care reform, and specifically the American people that we are tak- cern to all individuals in vulnerable what shape it will take. I believe that ing their tax dollars seriously and com- populations, such as minorities, if we continue to negotiate in good mitted to rooting out fraud, waste, and women, or individuals with multiple faith, this process can lead to a bipar- abuse of Government programs. conditions, who could be forced into a tisan health reform bill that will enjoy The fraud enforcement tools and re- one-size-fits-all treatment model. broad bipartisan support now and in sources provided in this bill will help Overseeing health reform will be a the future. Federal agents and Federal prosecutors herculean task and Americans need to Ensuring access to affordable, qual- devote more resources to investiga- be assured that they will not lose the ity and portable health care for every tions into financial and mortgage private health coverage that they want American is not a Republican or a frauds. The criminal fraud law updates to keep or that their treatment options Democrat issue—it is an American in this bill will also help send a mes- will have to be approved by a govern- issue. Our health care system is bro- sage to individuals in the future that ment bureaucrat. Mr. President, while ken, and fixing it is one area where I fraud against homeowners and inves- I respect the right of President Obama hope my 80 percent rule comes into tors won’t be tolerated. While it is true to nominate Governor Sebelius to be play so commonsense reforms can be the criminal law provisions can’t apply the next Secretary of HHS, she has made. People who have worked with retroactively to conduct that led us failed to provide us with those assur- me over time know that the 80 percent the current financial and housing cri- ances, and I regret that I cannot sup- rule is one of the main philosophies I ses, they will help prosecutors in the port her confirmation. Mr. ENZI. Mr. President, I rise today follow to get things done. In applying future and will help to deter future in opposition to the nomination of this rule, I try to focus on the 80 per- criminal conduct. Finally, and perhaps most impor- Governor Kathleen Sebelius as the Sec- cent of the issues the Senate generally retary of Health and Human Services. agrees upon, while not fixating on the tantly, this bill makes critical amend- As U.S. Senators, one of our most im- remaining 20 percent, which are divi- ments to the Federal False Claims Act portant responsibilities is confirming sive and can sometimes overwhelm the that will ensure those who rip off the qualified, and, hopefully, superior majority of issues that we agree on. Government can’t hide behind judicial nominees to lead our executive agen- The next Secretary of HHS will un- loopholes created in the law. These cies. I am one of several Senators with doubtedly have a critical seat at the edits to the False Claims Act are im- strong reservations regarding the nom- table in the health care reform debate. portant to ensure that the Justice De- ination of Governor Sebelius, and it is For these reasons it is important to partment and individual qui tam whis- important to take this time to explain have a Secretary in place who supports tleblowers aren’t blocked by some pro- my opposition to this appointment. an open, transparent process without cedural hurdle put in place by judges. In order to fulfill our responsibilities the distraction of tax issues, When I authored the 1986 amendments under the advice and consent clause misreported campaign contributions, to the False Claims Act, I couldn’t properly, this institution has a process and questionable affiliations. imagine the types of decisions we have for vetting Presidential nominees. The I respect that the President is enti- seen from courts. These courts have nominee is required to complete a host tled to staff the executive branch with read all sorts of new procedural and in- of paperwork to the authorizing com- individuals of his choosing. We may tent requirements into the false claims mittee, in this case the Senate Finance not always agree on every issue. I am that were never imagined nor were Committee, accompanied by a sworn and will remain staunchly pro-life, and they intended by Congress. These affidavit. I was very disappointed to will continue to advocate for legisla- amendments will help restore the learn that Governor Sebelius amended tion to protect the rights of the un- original intent of the False Claims Act her paperwork to the Finance Com- born. However, if Governor Sebelius is and keep it working into the future so mittee as a result of unpaid taxes and confirmed, I will diligently work with it can continue to add to the $22 billion understated campaign contributions. her to overcome obstacles standing in already recovered under this powerful The HELP Committee held a hearing the way of solutions to the health care law. on Governor Sebelius’ nomination due problems facing America. I urge my colleagues to join me in to the high number of health and early Prior to her hearing, I met with Gov- supporting this important legislation learning statutes and programs that ernor Sebelius and we discussed the so we can show the taxpayers we are fall under the committee’s jurisdiction. unique challenges that face rural and serious about fighting fraud against During this hearing, I asked Governor frontier states. People living in rural homeowners, investors, and the Fed- Sebelius her thoughts on using rec- areas in Kansas, similar to those in eral Government. onciliation to advance comprehensive Wyoming, face difficulties in access to Ms. MIKULSKI. Mr. President, I rise health care reform legislation. Her re- primary care physicians and preventive today to support the nomination of sponse was to keep all options on the services. Rural and frontier areas Kathleen Sebelius to be the Secretary table. struggle to attract and retain doctors of Health and Human Services. I couldn’t disagree more. But unfor- and other health care providers. In the I am pleased that the Senate today tunately it appears that is the direc- 10-steps health care reform bill I intro- will finally confirm Governor Kathleen

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We shown an ability to overcome partisan public health resources to combat the also provided money in the Recovery politics in her home State for her peo- emerging swine flu pandemic. Sebelius and Reinvestment Act to fund invest- ple and represent the best interests we and her team must immediately re- ments in health information tech- need in America. spond to contain this very serious nology which can save the Nation bil- During her two terms as Governor, threat. lions of dollars and avoid costly and Governor Sebelius and her administra- I look forward to working with her as deadly medical errors. It has also pro- tion have been notably bipartisan. She she helps fulfill President Obama’s vided assistance to community health was elected to her first term with a promise to enact comprehensive health centers, a resource in my home State former Republican businessman as her reform. Governor Sebelius will add ur- of Illinois which is exceptional. It pro- running mate. She ran a second time gency, substance, and know-how to vides health care for those who have with the former State Republican pass complicated health legislation nowhere else to turn. It is some of the chairman on her ticket. In a State that will benefit American families and best care in America. In the Omnibus where the opposition party holds businesses. appropriations bill, we provided bil- strong majorities in both chambers, Govenor Sebelius will serve as the ef- lions of dollars for medical research, the Democratic Governor has been able fective CEO of HHS and ensure its infant and maternal health, and other to reach across the aisle to solve prob- agencies are well run and consumer fo- health services for those least able to lems and help the people of Kansas. cused. She has the difficult task of not afford the care they need. We have a Before being elected Governor, she only restoring the public’s confidence lot more to do, and that is why we need was Kansas insurance commissioner in our Nation’s health agencies, but to fill this spot. from 1994 to 2002. During this time, she also building the trust of HHS’ com- The current economic crisis has refused campaign contributions from mitted workforce. Special effort must made health care reform more impor- insurance companies. She protected be made to listen and learn from the tant. More than 47 million Americans, the people of her State from increases scientists at FDA who lacked effective including 9 million American kids, do in premiums by blocking the sale of leadership during the previous admin- not have health insurance. Those fami- Blue Cross Blue Shield to an out-of- istration. Governor Sebelius’ imme- lies woke up this morning with chil- State company. She helped draft a pro- diate leadership also will help guide dren in their houses without the peace posed national bill of rights for pa- the implementation of the economic of mind that if there is an accident, a tients and served as the president of recovery act that included several im- diagnosis, or some illness, they would the National Association of Insurance portant health initiatives—particu- have health insurance to guarantee Commissioners. This critical experi- larly the development and adoption of they have quality care, good doctors ence prepares her well in her new role interoperable health information tech- and hospitals to turn to. A third of on the President’s Cabinet dealing with nology standards. I am confident she Americans under the age of 65 have ex- health care reform, Medicare, and Med- will meet the intent and deadlines en- perienced a period without health in- icaid. While she has also dealt with acted by Congress. surance in the past 2 years. That is one these broader health coverage issues, Mr. DURBIN. Mr. President, I rise to out of three Americans under the age she has not lost sight of the role that speak on behalf of the nomination of of 65. Families and small businesses prevention and public health must play Gov. Kathleen Sebelius as Secretary of work harder than ever to provide in any health reform effort. Health and Human Services. health insurance, and the costs just Through her Healthy Kansas initia- Just a few moments ago at lunch, we keep going up. tive, Governor Sebelius encouraged were briefed by Secretary Napolitano As unemployment has reached 8.5 Kansans to increase fiscal activity, and a spokesperson from the Centers percent nationwide, this rate has trou- choose a healthier diet, and avoid using for Disease Control about the swine flu bled us. In some areas, it is much high- tobacco products. As Governor, she epidemic. It is a serious issue, much er. It is 9.1 percent in Illinois. With made investments to help women avoid more serious in Mexico and other each 1 percent rise in the Nation’s un- unintended pregnancies, increase places than the United States, but it is employment rate, the number of unin- health services for pregnant women, being taken very seriously and watched sured Americans increases by 1.1 mil- and provide support services for fami- closely by those in charge of our public lion people. lies. These are goals that I think most health in America. That is why it is so One of the biggest worries I found of us can certainly agree on. important for us to fill this particular among unemployed workers in Illinois We discussed the issue of food safety, spot in the President’s Cabinet. It is is health insurance. I recently visited which is very important, with the Food the last spot to be filled. The nominee, Richland Community College in Deca- and Drug Administration under her su- the Governor of Kansas, Kathleen tur. I sat down with a number of young pervision, when she is confirmed in this Sebelius, is an extraordinarily good men and women who lost their jobs, process, and she understands there is a choice for this post of Secretary of the many of them with children. That was parade of concerns, whether it is sal- Department of Health and Human the first thing they brought up, wheth- monella in peppers and peanut butter, Services. er their spouse was working and had melamine-spiked pet food and milk We consider so many health care health insurance, whether there was products from China, E. coli in spinach, issues. In fact, when the people of this somewhere else they could turn. A and the list goes on and on. We can do country are asked about the priorities growing number of businesses are back- better. Secretary of Agriculture they identify, their highest priority is ing away from health insurance be- Vilsack and Kathleen Sebelius, once health care, as it should be. If we do cause it is expensive. she is confirmed, can work together to not have our health, not much else We cannot wait for the economy to bring us the very best in food safety in matters. improve before tackling this health America and to protect families who We have tried during this Congress care issue. Too many Americans have count on their Government to do the with this new President to do that needs that cannot wait. job. which is important to address the pub- There are no easy fixes to this, but I I commend President Obama for his lic health concerns of Americans. We believe President Obama is right by leadership on this issue, but with these passed a children’s health bill to pro- stepping up and nominating Gov. Kath- two spots filled, with the Secretary of vide health care coverage, insurance leen Sebelius to be Secretary of the De- Health and Human Services and Agri- coverage for an additional 4 million partment of Health and Human Serv- culture, then we can step forward and kids. We passed an economic recovery ices. get something done.

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Congress and President Obama The President said it: We are drain- have procedures such as an MRI or den- are committed to expanding America’s ing our Federal budget and placing at tal surgery or hip replacement, to access to high quality health care, and risk the financial well-being of Amer- name a few. that is why we have made comparative ica if we don’t look at the real cost of I recently read an article in the Wall effectiveness research a high priority. health care. It is time for reform, and Street Journal by Nadeem Esmail, Di- Through the economic recovery pack- the first real step is to confirm Gov- rector of Health System Performance age, we committed over $1 billion to ernor Kathleen Sebelius as our Na- Studies at the Fraser Institute in Cal- funding research to compare the rel- tion’s chief health official. Americans gary, in Alberta, Canada, entitled: ative clinical risks and benefits of dif- deserve someone they can trust to see ‘‘Too Old For Hip Surgery.’’ The article ferent treatments for the same ill- this commitment through. She has recounted stories of our neighbors in nesses. shown this in her service in Kansas and Canada who routinely wait months and Some of my colleagues argue this re- her commitment to public life. even years for a specialist’s care. Many search should only focus on clinical ef- I hope my colleagues in the Senate cross the border to see U.S. doctors to fectiveness, without taking into ac- will join me in supporting her nomina- get the immediate treatment they count the cost of a treatment or proce- tion today. There are some who have need. Lawsuits tied to Canada’s health dure. However, I think addressing cost raised a myriad of different issues that care rationing system often wind up is a major concern of everyone, not concern them; some are even beyond decided by their courts. Is this what we just in Government but of the Amer- the reach of Kathleen Sebelius in her want in America? ican people. They believe health care role as Governor. She was given Fed- Governor Sebelius’s answers about costs are too high and they are inter- eral Court cases and Federal laws to comparative effectiveness research re- ested in any steps we can take to re- follow, and she did as she was bound to lied on two points, which were inac- duce waste and use health care dollars do by her oath of office. But we should curate and contradicted one another, more efficiently. That effort is an im- give her a chance now at the Federal raising more doubt rather than pro- portant part of health care reform. We level to help lead this country into a viding assurance. Let me briefly ad- can’t continue to spend as much as we new day of health care reform. dress those points. have on health care without breaking Mr. President, I yield the floor, and I When Governor Sebelius stated dur- the bank, leaving deficits for our chil- suggest the absence of a quorum. ing her hearing, ‘‘The law prohibits The PRESIDING OFFICER. The dren and basically bankrupting the Medicare from using comparative effec- clerk will call the roll. American Treasury. The legislative clerk proceeded to tiveness research to deny coverage,’’ Part of the solution to our health call the roll. she was referencing the 2003 drug bill care reform is reducing unnecessary Mr. KYL. Mr. President, I ask unani- which applies only to prescription cost and waste. Research may show mous consent that the order for the drugs and not to any other aspect of that there are some treatments genu- quorum call be rescinded. medical treatment. So she is factually inely less effective than others in com- The PRESIDING OFFICER. Without wrong to suggest that could be a future parable populations. No one should be objection, it is so ordered. limitation on health care generally. Of afraid of looking at the solid factual Mr. KYL. Mr. President, Governor course, the fact that we so limited it in evidence to make these comparisons. Sebelius is a talented public servant. the 2003 prescription drug bill makes Some of my colleagues oppose com- Nonetheless, I will oppose her nomina- the point that it does need to be lim- parative effectiveness research and tion for several reasons. ited. argue that Washington bureaucrats Others have emphasized her relation- In this regard she also said: ‘‘When shouldn’t interfere with a patient’s ship with Dr. George Tiller, so I will authorizing comparative effectiveness right to choose treatment or substitute address another matter—my concerns research in both the Medicare Mod- the Government’s judgment for that of about the use of comparative effective- ernization Act and the American Re- a physician. I don’t argue with that ness research under the administra- covery and Reinvestment Act, Con- premise, but let’s get to the bottom tion’s proposed health care plan to ra- gress did not impose any limits on it.’’ line. When a decision is made about an tion health care. That statement is true. It also is pre- illness affecting you or a member of Comparative effective research is cisely the problem. your family, you want the most effec- currently used to evaluate the strength The National Institutes of Health is tive treatment. You want to be certain and weaknesses of various medical already taking the steps necessary to it is going to work. You want to have interventions. If structured appro- make cost-based research a priority confidence that the person providing it priately, it can be a great help to both and to use it to ration health care. A is making the right choice. physicians and patients, to help them recent National Institutes of Health We have a right to ask whether there make health care decisions. But with- project description states: is a more economical choice, one that out the appropriate safeguards, the Cost effectiveness research will provide ac- can reach the same result without the Government can misuse it to deny or curate and objective information to guide fu- same cost; whether it is the use of ge- delay patient coverage and services ture policies that support the allocation of neric drugs, for example, which have based on factors such as age, relative health resources for the treatment of acute been proven to be effective and lower health, or the number of people ahead and chronic conditions. cost than many brandname drugs, or in line for a particular treatment. Allocation of health resources is, of whether it is a procedure that is going Unfortunately, Governor Sebelius’s course, a euphemism for denying care to have a lot more chance of success. answers to my questions made clear based on cost. And Governor Sebelius Why are we afraid to look at this infor- that the administration and Health will not agree to terminate this mation? Some on the other side are. and Human Services under her watch project. They shouldn’t be. This is common would be unwilling to support patient There is no question that health care sense that we would ask these ques- safeguards. She did not provide any as- reform is badly needed, and I want to tions and come up with this informa- surance that Health and Human Serv- work toward that goal. All Americans, tion so we can make the right decision. ices, Federal health care programs, or especially those who are unemployed I would add that Kathleen Sebelius any new Government entity, such as or who work for a business that doesn’t has proven, as the executive in a major the Federal Coordinating Council, will provide health insurance or who have a state in America, that she understands not use this tool to ration or deny care. preexisting condition deserve a better the responsibility of leadership and the This should be a matter of concern for approach. But rationing based on cost accountability of those in leadership. every American. is neither a practical nor satisfactory Few challenges we face in America are We must not enable a panel of Wash- route to achieve it; it will delay access as grave as our health care system and ington bureaucrats to decide who is eli- to treatment that may be urgently

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4787 necessary and discourage the kind of reality is, we cannot begin to organize through Congress. It will not be easy but I research that leads to promising new the market for health care unless we know Governor Sebelius will never stop try- treatments. get everybody covered. Without cov- ing. I believe every American has the ering everybody, there is too much cost Those were the words of former Sen- right to choose the doctor, hospital, shifting, there is not enough focus on ator Dole, somebody to whom I look and health plan that best fits his or her prevention and wellness, and we have a again and again for counsel on health needs. Flexibility is essential in medi- real question about what to do about care. I think it is fair to say a great cine, and each patient should be cared clogging up hospital emergency many of our colleagues on the other for as an individual, with a treatment rooms—which is an issue in Colorado side of the aisle look to him for counsel regimen crafted and tailored by his or and Oregon and across the land. on health care. her own physician, not by a Wash- So Democrats have been right on the Those who know Governor Sebelius ington bureaucrat. So I oppose the point of saying to fix American health best, such as Senator Bob Dole, have, nomination of Governor Sebelius to care all Americans have to have good- in my view, said it better than any of head the Health and Human Services quality, affordable coverage. But our us could. They know her, they have Department, because I do not believe colleagues on the other side of the worked with her, they have watched she is sufficiently committed to these aisle—and Senator BENNETT has cham- her try to forge coalitions. As insur- same principles. pioned this; Senator GRASSLEY has ance commissioner, she has been a The PRESIDING OFFICER. The Sen- championed this—have been right in leader nationally in the insurance field ator from Oregon. saying there needs to be a significant with the National Association of Insur- Mr. WYDEN. Mr. President, I rise to role for the private sector in American ance Commissioners. I think she is speak on behalf of the Sebelius nomi- health care as well. It is going to be going to be a pragmatic coalition nation. And before he leaves the floor, important not to freeze innovation, to builder who is going to work with a I also want to say to my friend from steer clear of price controls, to have a very specific focus toward trying to Arizona that I think he knows I share wide berth for the private sector to in- bring the Senate together to tackle many of his substantive concerns about novate and offer private sector choices this critical issue. what it is going to take to get bipar- as part of the solution to this challenge We know there are some particularly tisan health reform legislation. For ex- of fixing American health care. So we important challenges ahead of us. I ample, a key component of it will have meld together these two points of have said one of the first priorities in to be malpractice reform. It will have view—Democrats who have been right health reform is to make sure those to include the areas the Senator from on the idea that we have to cover ev- who have coverage today—in Colorado Arizona has touched on—the question erybody, Republicans who have had a and Oregon and across the country— of comparative effectiveness. And I valid point with respect to a role for see that health reform works for them. think in both of these areas there is a the private sector—and, in my view, we Some writers have called that group long way to go to get it right. It is my are on our way to 68, 70, 72 votes in the the ‘‘contentedly covered,’’ the people interest, particularly this afternoon, to Senate for comprehensive health re- who already have health care coverage assure the Senator from Arizona that form. in America today. there is going to be an effort to pull So we very much need to tackle this I think there are four important pri- out all the stops to make this a bipar- in a bipartisan way. In my view, there orities for the Congress to address in tisan effort here in the Senate to fix are a few words that speak volumes making sure those who have health America’s health care, and I want to about Governor Sebelius’s outlook on care coverage today see that the sys- tell him I am looking forward to work- the need for having bipartisanship in tem works for them. Those priorities ing with him on that. the health care arena. Those words are, first of all, making sure they can To pick up on this point, many Sen- were spoken by a former leader in the keep the coverage they have. We have ators have come to the floor to discuss Senate, Bob Dole. I want to quote for written it into the Healthy Americans the needs of tackling health care issues the Senate a couple of the remarks legislation. Chairman BAUCUS has it in in the kind of bipartisan fashion that made by Senator Dole when he came his white paper. It has to be a matter Senator KYL has talked about and I before us on the Senate Finance Com- of law. Sometimes people joke about it: have mentioned. I strongly support the mittee. We can put it in the Pledge of Alle- Senators who are making this a special Senator Dole said: giance. It is vitally important that focus of this discussion today when we For more than 20 years, Kathleen Sebelius people be able to keep the coverage consider Governor Sebelius’s candidacy has served the State of Kansas as a legis- they have. to head the Department of Health and lator, insurance commissioner and Governor. The second factor that is so impor- Human Services. All of her accomplishments required bipar- tant is to make sure people who have For a bit of background, Senator tisan approaches. Her work has earned her coverage have options to save some BENNETT and I, in particular, have been the respect of Democrats and Republicans. money on their health care in the fu- working for several years in talking to ... ture. They want to contain costs be- most Members of the Senate. I person- Senator Dole goes on to note that cause they know right now they are ally have gone to see about 85 Senators one of our most respected former col- not even getting an increase in take- in their office, to listen to them, to get leagues, Nancy Kassebaum Baker, has home pay because health care gobbles their views about health care reform, actually written Members of the Sen- up everything in sight. So let’s make all with an idea to make the issue of ate with respect to her support for them wealthier in the process of health reconciliation on health care irrele- Governor Sebelius. reform, and let’s say that, if you want vant. What we wish to do, Senator BEN- Then Senator Dole goes even further, to have one of the additional choices, NETT and I, working closely with the and he says: the private sector choices that are of- chairs and ranking minority members Governor Sebelius and I are from different fered in health reform, and you can of our key committees, is to find a way parties. We have different views on different save some money by choosing one of to get a very substantial bipartisan issues, some highly controversial. But that those choices rather than keeping what vote here in the Senate for health care is not the issue here today. Candidate Obama you have, you get to keep the dif- reform. I think we are well on our way is now President Obama and gets to make ference. That is something I think will the Cabinet selections. He has determined to doing that. I believe there is lit- that she is well qualified and that she under- be attractive to those who have cov- erally a philosophical truce on health stands the importance of the enormous task erage. care within the grasp of the Senate. before her when confirmed by the entire Sen- The third area we ought to zero in on When one looks at this debate, both ate. I agree and that’s why I am here to sup- is making sure folks with coverage political parties have had valid points port her nomination. We need a Secretary of have the opportunity to be healthier. I to make. My party, for example, is Health and Human Services— think it is well understood that much right on the idea that we cannot fix Said Senator Dole— of American health care is more sick health care unless all Americans get who has the skills, experience and courage to care than health care. So let’s get some good-quality, affordable coverage. The shape and guide this historic legislation incentives in place so everybody has a

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I hope they will reflect will grapple with one of the compelling lower their blood pressure and lower on the words of Senator Dole because I issues of our day; that is, to deal with their cholesterol. think he said it best when he came be- a national health care crisis in Amer- When there is a parent in Oregon or fore us on the Senate Finance Com- ica. Governor Sebelius has dem- Colorado or across the country who en- mittee. I think there is an opportunity onstrated a willingness to take on a rolls a youngster in a wellness or pre- now for the Senate to show a country— very large issue which is highly com- vention program—let’s say for a weight and a country that is legitimately plicated and brings out passionate re- problem—let’s give the parent a reduc- skeptical about Washington’s ability to sponses from people across the polit- tion in their premium, again, to reward tackle big issues—the Senate now has ical spectrum. So we are grateful. I am prevention. So we let people keep the an opportunity to show that on health grateful to her for taking on this chal- coverage they have. They are going to care, Democrats and Republicans can lenge. I am appreciative of the Presi- be wealthier and they are going to be come together. We are going to come dent for asking her to do so. I would healthier. together with individuals, leaders such hope our colleagues would come to- Finally, one last big challenge for as Governor Sebelius, who have shown gether. those who have coverage. If individuals the talent to work in a bipartisan fash- There is always too much delay in a want to leave their job or their job ion; and I, particularly, having listened lot of nominations. I have been a Mem- leaves them, let’s make sure their cov- to many of our Republican colleagues ber of this body for many years. I think erage is portable, that they can take it on the floor today talking about the I can count on one or two hands the from place to place to place. I think we Sebelius nomination, want to assure number of times, in more than two dec- understand that this economy is real them that I agree with much of what ades, that I have opposed nominees of different than what we had in the 1940s, they have said with respect to the need either party. I have always been of the when somebody went to work some- to avoid approaches that are partisan view that Presidents and elections where and stayed put for 30 years until and jam one side or another. mean things. If you are elected Presi- they received a gold watch and a big In fact, I have devoted much of the dent of the United States, then a Presi- retirement dinner. last 6 years to making those kinds of dent ought to have an opportunity to The typical people in our States, approaches irrelevant, to making rec- carry out the mandates or the promises Western States, now change their job onciliation irrelevant. they have made as a candidate. 11 times by the time they are 40 years I think Governor Sebelius will work So those of us who are in the opposi- old, and they need portable health cov- with us in a constructive way toward tion from time to time, other than dis- erage. So let’s make sure that coverage exactly that kind of result. Bob Dole agreeing with or deciding to vote is something that fits the modern econ- has spoken about her ability to do just against someone because maybe there omy—again, consistent with an ap- that before the Finance Committee, is some serious problem that underlies proach that let’s them keep what they and I hope this nomination will now be that nomination—but I have never felt have and puts more money in their approved expeditiously and Democrats the views of a nominee ought to nec- pocket and gives them the opportunity and Republicans can work together essarily decide my vote in favor of or to be healthier. tackling the premier domestic issue of against them; that Presidents ought to I think that is a vision for bipartisan our time: fixing American health care. be able to have people they believe will health reform. It certainly has been I yield the floor. help carry out their wishes and cam- largely shared by Chairman BAUCUS I suggest the absence of a quorum. paign promises; that if we in the oppo- and Senator GRASSLEY, and Senator The PRESIDING OFFICER (Mr. sition try to guarantee that people who BENNETT and I have talked about it in UDALL of Colorado). The clerk will call share our views are going to be in the our efforts as well. But it is going to the roll. Cabinet, that seems to be contrary to take somebody with the kind of talent The assistant legislative clerk pro- the will of the American people who that Bob Dole just described, in the ceeded to call the roll. have made a different choice on elec- words I have offered today, once again, Mr. DODD. Mr. President, I ask unan- tion day. I know that is disappointing before the Senate Finance Committee. imous consent that the order for the to people from time to time. I know There is a reason that after 60 years quorum call be rescinded. that when I have supported various of debate on health care reform in The PRESIDING OFFICER. Without nominees of President Reagan, Presi- America that it has not actually got- objection, it is so ordered. dent Bush, No. 41, and George Bush, his ten done. This is hard work, in terms of Mr. DODD. Mr. President, may I in- son, No. 43, voted in support of those building a coalition. I put 6 years of my quire, what is the business before the nominees, there were those who were life into just the most recent effort and Senate? disappointed that I would cast a ballot have visited with most of the Senate The PRESIDING OFFICER. The busi- for the nominee. But my answer always on it. I think there is a clear desire, ness before the Senate is the nomina- was that they were elected—obviously given the importance to our economy. tion of the Governor of Kansas, Kath- a very controversial election in the The fact is, we cannot fix the econ- leen Sebelius, to be the Secretary of case of George W. Bush in 2000, but omy unless we fix American health Health and Human Services. nonetheless ultimately he was the care. Most of the experts are saying a Mr. DODD. I would like to, if I may, choice to be our President and as such lot of these budgets we are dealing spend a few minutes addressing that deserved to be able to have the nomi- with right now, the various bailouts— issue. nees in his Cabinet, the people he those bailouts are going to look like a I rise in strong support of Governor thought would best serve the country. rounding error compared to American Sebelius. There were occasions when I did vote health care if we don’t get on top of Let me thank the people of Kansas. against some nominees but never on these escalating costs. It has to be This is a remarkable nominee. I know the basis of what their views were. done, both in terms of fixing the econ- she has served the people of Kansas There may have been some other dis- omy, ensuring quality of life for our well during her tenure as Governor, in- qualifying factor, but there were very people, and because now the country is surance commissioner, State rep- few over the years. looking to the Congress to work in a resentative, and we are fortunate in- So at this hour, it has been since bipartisan way. They have watched a deed that President Obama has asked March 2 that the President nominated lot of the past squabbles, they have the Governor of Kansas to come to our Kathleen Sebelius to be the Secretary watched a lot of the bickering over Nation’s Capital to serve as the Sec- of Health and Human Services. We are issues in the past, and here is an oppor- retary of Health and Human Services. now ending the month of April and

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Having a Secretary of shire, involved from time to time in The case for reform of our health Health and Human Services, which is trying to craft that legislation dealing care system has never been stronger or the job that would necessarily coordi- with the Pandemic and All-Hazards more urgent, and I happen to be one nate and lead the efforts both at home Preparedness Act and some of the bio- who is optimistic about the prospects and working with Secretary of State terrorism legislation. My colleagues, of achieving health care reform this Clinton and others, coordinate the ef- on a bipartisan basis, put that to- year under the leadership of MAX BAU- fort internationally on this matter—it gether. Richard Burr was very deeply CUS, the chairman of the Finance Com- is time to move along. involved in that question, and we mittee; Senator TED KENNEDY, the While I know there are those who ought to thank him for his insistence chairman of the HELP Committee; and have very strongly held views about so many years ago. So we have been in- the respective leadership on the House various matters that will come before volved in these issues on a bipartisan side along with, obviously, President the Department of Health and Human basis, and I would hope, again, this Obama; the participation of other peo- Services, elections have consequences. nomination can go forward on a similar ple—our colleagues, such as ORRIN HATCH, MIKE ENZI of Wyoming, cer- President Obama won the election. basis. This is his choice to lead that agency The U.S. response to this current tainly CHUCK GRASSLEY, the Repub- and to deal with the myriad of other global threat is evidence that those ef- lican former chairman of the Finance problems we must grapple with as a forts taken some years ago are paying Committee, now the Republican rank- country. I think it is time for this body off. But the lead agency in all of this, ing member, and many others with to discuss these matters over the ap- and other possible health threats, is whom we have had extensive meetings already trying to achieve what our ma- propriate period of time and then to the Health and Human Services De- jority leader has called for, and that is move along and to not delay for as long partment. That Department lacks a a strong, bipartisan effort here to put a time as we have seen already a nomi- leader today, and that is the reason we together a national health reform nation of this importance. are still here a week later debating package. So a lot of good people are al- The HELP Committee, on which I whether this nominee of incredibly im- ready buying in, trying to achieve that serve—the Health Education, Labor, peccable credentials is being held up result. What we have been missing in and Pensions Committee—and the Fi- for as long as she is. all of this is the head of the Health and nance Committee held hearings on Having served on the so-called HELP Human Services Department, to help Governor Sebelius back at the end of Committee for many years, I cannot pull that piece of the puzzle together the last month, and the majority lead- recall another time when the chal- for us as well. er attempted to get unanimous consent lenges facing the Secretary of Health We are in such a different place than to move her nomination almost a week and Human Services were so complex. I we were 15 years ago on this issue. ago. Those efforts have been blocked by have already addressed some of those Then we had a host of opposition lined the minority party here. Now we find issues. Our economy is in the worst up. Today, those who organized to tor- ourselves in the midst of what appears shape it has been in for decades. We pedo those efforts 15 years ago, frank- to be a global crisis, as I mentioned, have a health care system that is bro- ly, are at the table today anxious for and for no apparent reason that I can ken, impacting families, businesses, us to share and put together a proposal determine, other than maybe some pol- and our competitiveness as a nation. that would enjoy that kind of support I itics, we still do not have the Secretary The Department of Health and mentioned a moment ago. of Health and Human Services con- Human Services and the agencies with- The economics of our country are firmed. in its purview are in need of attention certainly in a much different place I believe most Americans, regardless and leadership. It is critical that the than they were in 1993 and 1994. Today, of political party, would like to see Department once again base its deci- health care accounts for over 16 per- someone leading this agency and help- sions on the best available science, not cent of the gross domestic product of ing us grapple with these issues. I do the political ideology of the moment. our country—health care costs. Ac- not think they are going to be pleased, President Obama has already made tre- cording to the Office of Management even if they disagree with the politics mendous progress in this respect with and Budget, by the year 2018—not that of the nominee, to have that spot va- the signing of an Executive order over- far away—national health spending, if cant at a time when we need leader- turning the previous administration’s unabated, could account for a fifth, ship, particularly someone as highly harmful restrictions on embryonic more than 20 percent of our gross do- qualified as Governor Sebelius is. stem cell research and the signing of a mestic product. There are those who Again, I commend the Obama admin- Presidential memorandum on scientific believe that within 10 years that figure istration for its handling of the swine integrity. I commend him for it. of 16 percent could double to more than flu threat so far. It is clear that the He has moved quickly to appoint 30 percent of our gross domestic prod- various agencies in Government are highly qualified candidates such as uct. That is unacceptable. working closely and collaboratively. Governor Sebelius to key positions If you are not motivated by the mo- As a result of the Health, Education, within the Department, such as the rality and ethics of having 45 million Labor, and Pensions Committee and FDA Commissioner and the head of the Americans without any health care, of many of my colleagues in the Senate, Health Resources and Services Admin- which 9 million in that number are both Democrats and Republicans, we istration. children, today we rank among the were able to pass and fund what was Governor Sebelius brings a wealth of lowest scores or the worst scores of in- called the Pandemic and All-Hazards experience I have referenced already, fant mortality among industrialized Preparedness Act and the predecessor working in a bipartisan fashion to im- nations. There are 100,000 people a year bioterrorism legislation. The country prove the lives of families in her State. who die in this country from avoidable as a whole has made great strides in The outpouring of support, on a bipar- medical errors. Those are not the kinds surveillance, coordination, commu- tisan basis, ought to be welcome and of statistics we want to associate with nications, and treatment capabilities. celebrated. Rarely do you see someone our great country. So, in addition to Let me specifically thank several of bring that much support across the po- the moral, the health care issues, the our colleagues, because I was deeply in- litical spectrum that Governor ethical questions, the economics of this volved in those negotiations on that Sebelius has to this, the nomination to issue demand attention. legislation many years ago—well, sev- head this Department. If you are not impressed by any other eral years ago. They include Richard The knowledge and expertise she motivation on why we ought to achieve Burr of North Carolina, a Republican gained as Governor, the insurance com- universal, quality, affordable health Member, our colleague, who is deeply missioner of her State, and the State care, founded on the notion of preven- involved in the issue; then-Majority representative will be instrumental in tion, then the economic justification

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That is a fear everyone has who cial services later in the child’s life. duces, and it paid $5.2 billion in health faces that possibility or is in that situ- Now is the time to put partisan poli- benefits in 2004. That is more than it ation today. tics aside, confirm Governor Sebelius paid for steel. That will give you an I say this respectfully. It is time to so we can have the kind of leader most idea why that company is facing as get the people in place who can help us Americans are looking for and provide much pressure as it is, as well as other get this job done. Delaying this nomi- the guidance the Department of Health automobile manufacturers. nation because you don’t agree with and Human Services will need if we are Look at the foreclosure issue. There everything that Kathleen Sebelius says going to succeed in this effort. are 10,000 people today who will be at or supports is not justification for de- I urge confirmation of this remark- risk of losing their homes. That is true nying this administration and, more able individual who has offered her every day in our country in the midst importantly, the American people a services to the country, who is making of this major economic crisis. There leader at the Department of HHS to the kind of sacrifice to come forward are 20,000 people a day, on average, who move forward. and serve our Nation at a critical mo- are losing their jobs in the United I wish to say a quick word about the ment. That is to be celebrated. That is States. So when you are losing your comparative effectiveness research patriotism. I hope my colleagues will job, you may lose your home and re- which has been mentioned as a reason quickly confirm this nominee and tirement. Remember this: Almost half for holding up the nomination. This ef- allow us to begin the critical work of of all of those foreclosures that will fort is about expanding Americans’ ac- fashioning a national health care re- occur today are partly caused by the fi- cess to health care, not restricting it. form package. nancial crisis stemming from medical We also want to give patients and their I yield the floor and suggest the ab- costs. I will repeat that. Almost half— doctors the tools they need to make sence of quorum. 50 percent of those 10,000 foreclosures the right decisions about care. That is The PRESIDING OFFICER. The that will occur today are partly caused what comparative effectiveness re- clerk will call the roll. by the financial crisis stemming from search is all about, empowering pa- The assistant legislative clerk pro- health care costs. tients and medical providers. It is not ceeded to call the roll. As chairman of the Banking Com- about rationing care. Comparative ef- Mrs. MCCASKILL. Mr. President, I mittee and a 26-year veteran on the fectiveness research is about helping ask unanimous consent that the order HELP Committee, I share the Presi- patients and providers figure out to- for the quorum call be rescinded. dent’s belief that fixing the health care The PRESIDING OFFICER (Mr. crisis is essential to fixing our econ- gether which therapies and treatments work best for them. It is not about re- KAUFMAN). Without objection, it is so omy. ordered. We can talk about all the other stricting or limiting health care op- Mrs. MCCASKILL. Mr. President, I issues dealing with availability of cred- tions but, rather, about helping them rise this afternoon in support of an in- it and what is happening to banks and understand their health care better and credibly gifted public servant. I don’t to the financial stability of the Nation, more accurately chart a course of normally stand up and sing the praises but we cannot have a conversation treatment. The President has made of Kansas. I am not a huge fan of Kan- about all that and disregard the issue such research a high priority by having sas. I am a Missourian, and we have of health care. Twenty-eight million invested in it through the recovery Americans who work for small busi- act’s $10 billion for the National Insti- issues between Kansas and Missouri— nesses are without health care. Pre- tutes of Health and $1.1 billion for com- usually between our basketball teams miums on average are 18 percent higher parative effectiveness research. and our football teams. During the last decade, I have had an than they were a few years ago. In Con- I support the President and Governor necticut, premium costs have gone up Sebelius in this effort to inform pa- opportunity to get to know Kathleen 42 percent in 8 years. Imagine what tients and providers. This is the mo- Sebelius as a person, as a mother, as a that has done at a time when wages ment for health care reform. Failure is wife, as a Governor, and as a friend. I and salaries have not increased any- not an option for our Nation. I look want my colleagues to know that they thing remotely close to that. Pre- forward to working with Governor are voting to confirm an extraordinary miums and out-of-pocket costs for Sebelius to make meaningful, lasting individual who will do an excellent job health care and individuals continue to change to our Nation’s health care sys- as Secretary of Health and Human skyrocket. tem. Services in the United States. Chairmen KENNEDY and BAUCUS of While health care reform is a top pri- Kathleen Sebelius has shown courage the respective HELP and Finance Com- ority, I also wish to address quickly and guts many times in her career. mittees are working closely together another vitally important issue to the Frankly, running for Kansas’s Gov- on this process, trying to fashion a responsibility of the department; that ernor as a Democrat shows guts and timeline and policy that will fit to- is, early childhood education and de- courage. We are talking about a State gether. Both chairmen have stated a velopment. This is an issue that has that is not warm and fuzzy about shared goal of marking up health care long been near and dear to my heart, Democrats. We are talking about a legislation in early June. I strongly be- since 1981, when I started the children’s State that is as red as Dorothy’s ruby lieve that timetable is achievable. But caucus in the Senate almost 30 years slippers. But she ran for Governor after we need to have a Secretary of Health ago with ARLEN SPECTER of Pennsyl- she had served as commissioner of in- and Human Services, if we are going to vania, who was a new Senator as well surance in Kansas. So why was it that mark up a bill in June. We have had that year, along with people such as all these Republicans got excited about this nomination pending for more than Patrick Moynihan, Bob Dole, and Bill voting for Kathleen Sebelius? It was a month, have spent a week debating Bradley. Each brought a deepening in- because she demonstrated, when she it, and we are in the month of May. terest in what was happening to one was commissioner of insurance in Kan- Most Americans want the petty poli- out of four Americans who are chil- sas, that she was about fighting for tics put aside and the people in place dren. As a result of our efforts over the them. It happened over an insurance we need to lead this effort. They care years, we have made a difference. company. Everyone needs to realize about health care. They understand I am encouraged by the commitment this is an experience she has had that what happens: When one loses their of President Obama to early childhood relates directly to what we need right job, they lose their health care. education. I look forward to working now as Secretary of Health and Human Last year one in three Americans, be- on new proposals as well as strength- Services as we embark upon the most tween 2007 and 2008, had a gap where ening current programs such as Head aggressive and ambitious health care

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4791 reform agenda this country has ever ica to celebrate today, because we are onstrated over and over, as insurance faced. about to confirm a fighter—someone commissioner and as Governor of Kan- When the largest health insurance who will fight for you and deliver the sas, the ability to get the job done. She company in Kansas wanted to sell— kind of health care in America that we was tapped before she was Governor by this was a mutual company owned by deserve, at a price we can afford. a Governor of Kansas to help actually the policyholders of Kansas and cov- I yield the floor and suggest the ab- implement and lead the children’s ered 70 percent of Kansans—all Kath- sence of a quorum. health program. Her record is clear in leen Sebelius, the insurance commis- The PRESIDING OFFICER. The the success of this program. sioner, had to do under the law was clerk will call the roll. She, as insurance commissioner, had sign off on it and say no harm would be The bill clerk proceeded to call the a great deal of interaction with health done. But she took a look at it and roll. insurers in that State and others that said, wait a minute, I don’t think the Ms. LANDRIEU. Mr. President, I ask indicates to us she has the experience test should be that no harm is going to unanimous consent that the order for and the ability to do this. Working be done. I want to know what this sale the quorum call be rescinded. with the Federal Government during is going to do to make things better for The PRESIDING OFFICER. Without her time as Governor on all of these Kansans. She took on a titan—a big, objection, it is so ordered. health care matters leads me to the huge insurance company. That is what Ms. LANDRIEU. Mr. President, I conclusion that she is the right person we need right now, someone willing to wish to speak for up to 10 minutes, to help us get this job done. The sooner take on the calcified silos of profit in maybe slightly longer, about the nomi- we confirm her the better. our health care system and blow them nation of Gov. Kathleen Sebelius to be I was very impressed to hear—I do up in order to deliver a better product. the Secretary of the Department of not serve on this committee—that at She said: I want to make sure this sale Health and Human Services. I wish to her hearing, Senator ROBERTS, our col- is going to reflect a better environment speak on behalf of the Governor be- league who is of the other party, spoke for health insurance for the people of cause I think she is such an out- in her favor and voted for her. Even Kansas. standing candidate for this particular more impressive to me was that former She fought them all the way to the job. Senator Bob Dole testified for her. Supreme Court of Kansas and eventu- As I look across the country, as This is not at all a typical partisan ally she won and was able to block the many of my colleagues, and think who appointment. This is a person who has sale of this company. She said at the could fill this position, I have to say I demonstrated through her leadership time that bigger is not always better, was very pleased with the President’s for many years in the State of Kansas and unless they could show how this action to tap her for this important po- the ability to tackle the toughest jobs was going to be better for the people of sition because right now this Secretary and bring people from various view- Kansas, she would continue to fight is going to be charged with fulfilling points together. That is the kind of them toe to toe. It was that kind of the President’s idea that all Americans leadership I think America is looking fighting spirit on behalf of regular peo- should have health coverage. This is an for right now. ple who don’t have the tools to fight idea that other Presidents have shared I might add that in the most recent big insurance companies that uniquely and about which many leaders in Con- days, the outbreak of the swine flu in qualifies her to be at the head of this gress, both Republicans and Demo- our country should compel the Mem- important agency as we embark on the crats, have thought. It would be re- bers of this body to know this is not a health care reform agenda. markable and wonderful for our coun- job that should have a vacancy sign on Not only did she have the guts to run try, the extraordinarily developed Na- the door right now. There could poten- for Governor—she won, which was re- tion that we are, to find a way—a cost- tially be a pandemic. The Government markable. Here is an even more re- effective way, in my view; hopefully, a is hoping for the best but preparing for markable part. She went to Topeka, market-based approach—to solving one the worst. While Secretary Napalitano the capital, and began working with of the great challenges of our time, has been charged with the task to co- the Republicans. As President Obama which is to provide health insurance, ordinate Federal agencies, frankly I do has said over and over again, she said: good coverage, for workers in the most not feel very comfortable having this I want to work with you. And she did. productive Nation on Earth. job vacant. The faster we can get her in She wrestled with a senate and a house It really is a failing, in my view, of this position with her extraordinary that was dominated by the Republican our organized society and our Govern- credentials the better. party in Kansas and, at the end of 4 ment that we have not in over 240 years I would like to make a few other years, what did the people of Kansas been able to accomplish that. We have points. As the chair of the Small Busi- do? Did they say they were sick of the accomplished so many things that are ness Committee, I have to say again for gridlock and didn’t want this liberal a credit to our country, but this has the record—and I think Senator SNOWE Kansas woman anymore from the eluded us. from Maine, my ranking member and Democratic party as Governor? Oh, no, When President Obama ran in his long-serving member of this com- they did not; they reelected her by a campaign, and as I heard him speak mittee, would say the same thing if she wide margin. even here and in the House Chamber were here—that no matter what we call It is a remarkable thing, when you for a joint session, he again expressed a meeting on in the Small Business think about it, because this is a State his passion for trying to find a solu- Committee—it could be on procure- that our former President won by 20, 30 tion. One of the first steps to finding a ment, it could be a hearing on credit points. Yet the people of Kansas real- solution is finding a leader who has a markets, it could be a hearing, which ized they had a fighter. They looked good record of finding solutions on we have had, on the Small Business Ad- past the party label to her courage, in- their own, a good record of working ministration itself, as I am standing tegrity, intelligence, and her willing- across party lines to get difficult jobs here, every small business person, al- ness to go toe to toe with the big guys done. So in his action to achieve this most to the man or woman, will say: for them. I am proud she has been nom- goal, he has made a great first step to Senators, before I leave, or, Senators, I inated. I know there have been some at least present to the Senate for our know this isn’t the subject of this hear- distortions about her record. I can as- consideration a person who does not ing, but could I please say I can’t af- sure my colleagues that she will make have a weak record but a strong record ford my health insurance; can I please us all proud in this job. She will work in this effort. say that it is very important for this with every one of us to try to find that I submit that as a Democratic Gov- country to find a way for small busi- common ground. She will leave no ernor of Kansas, you have to be pretty ness entrepreneurs to get health insur- opinion behind as they consider the good as a Democrat, first of all, to get ance. best way to move forward on this elected in Kansas because, like Lou- Just for the record, for small busi- health care reform agenda. isiana, it tends to be a more conserv- nesses that employ the vast majority I am pleased to be able to stand for a ative State on some issues. Obviously, of people in this country, the percent- few minutes and tell everyone in Amer- I think this Governor has dem- age of coverage has dropped in the last

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4792 CONGRESSIONAL RECORD — SENATE April 28, 2009 7 years from 68 percent of those busi- ful advocate to keep our adoption tax is, for rationing of access to health nesses providing coverage down to 59 credit in place and to help Senator care. percent. I know in my personal experi- GRASSLEY and I—we have been working Comparative effectiveness research is ence dozens of people who would say: on this with many other Members— the comparison of various treatments You know, Mary, I would like to start find a way to reform the financing or approaches to garner better data on a business. I think I have a good idea, mechanism and the way we fund our what works best and/or what costs the and actually I have some money to foster care adoption system in this least. Comparative effectiveness re- start it, but I can’t give up my health country, which right now funds the search can be helpful and beneficial if insurance because I have a preexisting system and not the child. We want the it is used to inform health care deci- condition or I have a son with leu- money to support the decision of that sions and individual health care deci- kemia or I have a daughter who has a good, solid judge who has a plan for the sionmaking and as a guide to evidence- compromised immune system. child. The problem is there is no money based medicine. Without appropriate I cannot tell you how strongly I feel for the child because we are giving the safeguards—and these were the safe- that our country is actually not only money to the system instead of tying guards Governor Sebelius refused to throwing cold water but almost freez- the money to the child. Senator GRASS- embrace—the Government could actu- ing water on the entrepreneurial spirit LEY and I have a vision to make that ally use comparative effectiveness re- because we can’t seem to figure out better. search to delay treatment and to deny how to provide health insurance—and I hope we can confirm Governor care based on a one-size-fits-all ap- not just for big companies but for me- Sebelius, knowing she has a proven proach to health care. dium companies and for emerging com- record of governing her State, which is The economic stimulus package in- panies—and to have that coverage be not easy for a Democrat, and remained cluded $1.1 billion for comparative ef- portable and available when people very popular. That takes a great deal fectiveness research. This research want to leave a company and take a of effort in this day and age, given the should only be used to better inform risk. They might risk their business, partisan nature of our politics. We need individualized decisionmaking; that is, but they are not going to risk their to have a ‘‘position filled’’ sign as op- a patient talking to their doctor and life. That is a little too much risk to posed to a ‘‘vacancy’’ sign in this posi- deciding what is in that patient’s best ask in order to start a business. You tion, and we need somebody who under- interests. It should not be used for the may risk your home, you may risk stands the commonsense practical ap- Government to say: Patient, we will your fortune, but to ask people to risk proach to governing that is going to not pay your doctor for that procedure their life is a little ridiculous. Yet that deliver for this President and for us— unless it meets our cookbook medicine model that is generated by compara- is where we are. So the faster we can for the American people—a health care tive effectiveness research. Despite as- get someone in this position who can system we can depend on, that we can surances that the stimulus money help put their shoulder to the wheel afford, and that promotes risk-taking would not be used to evaluate the rel- and help our small businesses come up and entrepreneurship, which is the ative cost effectiveness of various med- with a way, the better off we will be. founding principle, in many ways, of ical treatments, the National Insti- Finally, I wish to mention two issues this wonderful country. tutes of Health is already undertaking briefly. We concentrate a lot in this de- I thank the Presiding Officer for the steps to use the stimulus money to partment on health care and that, of opportunity to speak on behalf of the conduct that kind of cost-based re- course, is the President’s priority and Governor, and I urge my colleagues to search. it is our priority, but I don’t want to not wait any longer and to confirm this As I indicated, Governor Sebelius was fail to mention that I believe this Gov- nominee and give her the support she asked before the Finance Committee ernor would be an extraordinary advo- needs. Do not apply any litmus test on how she plans to use comparative effec- cate for foster care children. There are any particular issue, but give her the tiveness research. As Secretary of 500,000 of these children, many of them chance I think she wants to have—I am HHS, she will be in the driver’s seat in with 4.0 grade point averages, amaz- confident she wants to have—to do a large part to determine how the poli- ingly. Many of them are the most ex- good job for us all. cies of this administration and of this traordinary children. I have gotten to Mr. President, I yield the floor, and I Congress will be implemented. My col- meet many of these young people as suggest the absence of a quorum. league Senator KYL from Arizona ex- chairman of the Adoption Caucus and The PRESIDING OFFICER. The pressed his concern before the Finance an advocate for foster care. This is de- clerk will call the roll. spite the fact that some of them have The bill clerk proceeded to call the Committee vote in these words, with spent several years of their youth liv- roll. which I agree: ing in an automobile. Mr. CORNYN. I ask unanimous con- Unfortunately, Governor Sebelius’ answers One of these children said to me one sent that the order for the quorum call made it clear that the Administration is un- day that she got so hungry she would willing to support pro-patient safeguards. be rescinded. She left me with no assurance that HHS, fed- just eat paper. The only thing that The PRESIDING OFFICER. Without eral health care programs, or any new enti- made it edible was that she would pour objection, it is so ordered. ty—such as the Federal Coordinating Coun- salt on it, just to try to put something Mr. CORNYN. I ask unanimous con- cil—will not use comparative effectiveness in her stomach. These 500,000 children sent to speak up to 15 minutes on the research as a tool to deny care. And this and young people need someone such as pending nomination. should be of concern to all of us. Governor Sebelius because these are The PRESIDING OFFICER. The Sen- Instead of allowing the Federal Gov- people in the custody of the Govern- ator may proceed. ernment to intrude further into per- ment. The U.S. Government, along Mr. CORNYN. Mr. President, Gov- sonal decisionmaking and medical with partners in our 50 States, have an ernor Sebelius, who has been nomi- care, I believe that health care reform obligation to these children for their nated to be Secretary of Health and should enhance the individual relation- health, for their education, and to try Human Services, testified before the ships between doctors and their pa- to help them launch successfully in Senate Finance Committee that she tients. I am concerned that using com- life. Once we have terminated their pa- would not refuse to use certain com- parative effectiveness research to jus- rental rights—in many instances for parative effectiveness research as a tify treatment denials based on cost good cause—we then have an obligation tool to deny or delay American citi- will significantly limit patients’ abil- to be their parents and to reconnect zens’ access to health care. Said an- ity to choose health care services for them through adoption, if possible, or other way, a concern about compara- individual needs. It will also reduce— to long-term guardianship. We need tive effectiveness research, $1.1 billion and this is important—medical innova- somebody in this position who can do of which was funded in the stimulus tion and quality of care. that. program, can be used both for benign When asked, Governor Sebelius did I know of Governor Sebelius’s heart purposes, purposes that are completely not have any convincing answers to for foster care, for orphans, and for understandable, as well as those most what is one of the most important adoption. I think she will be a wonder- Americans would find repugnant; that questions in the health care debate,

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As any egy. wrote: employer will tell us, it makes it in- We know we are already facing an Because federal officials will run not only creasingly more difficult for employers unprecedented level of national debt. the new plan but also the ‘‘market’’ in which to provide health care to their employ- Unfortunately, Congress, under the it ‘‘competes’’ with private programs—like ees. new administration, has contributed playing both umpire and one of the teams on According to the Congressional Budg- greatly to the fact that we have seen the field—they will crowd out private alter- et Office, spending on health care will more spending in the last 90 days than natives and gradually assume a health-care monopoly. account for nearly 17 percent of the we have seen in Iraq, Afghanistan, and gross domestic product of the United in Hurricane Katrina recovery. We A public plan will also increase the States. In 2009, that will be as much as know we have $36 trillion more in un- cost of private health care. A report by $2.6 trillion. America spends more than funded liabilities in the Medicare Pro- the actuary Milliman estimated the twice what other industrialized nations gram alone. So at a time when we need ‘‘hidden tax’’ commercial payers pay to spend per capita on health care. Can we to figure out how we deal with un- subsidize the costs of Medicare and claim our health care product is twice funded obligations of the Federal Gov- Medicaid equals roughly $88.8 billion as good as anywhere else in the world ernment, how do we more efficiently per year. This means that the average based on this increased spending? I spend the 17 percent of gross domestic health care premium is $1,512, or 10.6 doubt it, even though American health product that makes us spend twice as percent, more annually per family than care is very good. But I don’t think we much as any other country in the it would be without the cost shift. A could say we get our money’s worth by world per capita, we are ignoring some new so-called public plan option, which spending twice as much as any other of the huge unfunded liabilities of the is a government-run program, would industrialized nation per capita on Federal Government, and we are asked exacerbate the cost shift and drive up health care. Health care insurance pre- to take as a matter of faith that these the cost of private health care at a miums have risen much faster than proposals will result in savings without time when we must seek to lower workers’ wages in recent years which any concrete plan which can be ana- health care costs. means lower take-home pay for Amer- lyzed and evaluated in the light of day. Then there is the Washington Post ican workers. Health care reforms I firmly believe this country is spend- that wrote on April 27: must ensure that this trend is reversed ing enough money on health care [President Obama’s] nominee for secretary or we will have failed in one of the today. What we need are innovative of health and human services, Kathleen most important missions of health care ideas about how to spend it more wise- Sebelius, said that she wants a public plan to ‘‘challenge private insurers to compete on reform. ly. I have not heard any innovative cost and quality’’ but ‘‘recognizes the impor- In the Finance Committee, I asked ideas from Governor Sebelius or the tance of a level playing field between plans Governor Sebelius her specific ideas, current administration. and ensuring that private insurance plans other than delaying treatment and de- What causes me even more concern is are not disadvantaged.’’ nying care, on how to contain costs. In Governor Sebelius has made it clear The Washington Post said: my office I asked her, what about that she supports a new government- We disagree. It is difficult to imagine a health care liability reform which, in run ‘‘public plan’’ for health care that truly level playing field that would simulta- my State of Texas, has made health is unequivocally a gateway to a single neously produce benefits from a government- care much more accessible by moder- payer system. A new government-run run system. ating the growth of medical mal- public plan option will devastate pri- I ask unanimous consent that this practice insurance premiums, pro- vate insurance markets by acting as a editorial from the Washington Post be viding a more level playing field when competitor, regulator, and funder. How printed in the RECORD at the close of it comes to doctors and hospitals being in the world can the private market my remarks. sued. She basically did not have much compete when the Federal Government The PRESIDING OFFICER. Without of an answer for whether that should be comes in and sets prices which will objection, it is so ordered. included. I happen to believe it is one cause employers to give up their em- (See exhibit 1.) of the cost drivers in health care cost ployer-provided health insurance cov- Mr. CORNYN. Throughout the cam- and has to be addressed. I submit, with erage to allow their employees to get paign last year, the President promised no little modesty, that the State of coverage under the public plan? Indeed, Americans care such as Members of Texas has experience in this regard the public plan, much like Medicare Congress receive. The irony is that that the Federal Government could today, can be relied upon to use denial Members of Congress do not have ac- learn from. While I don’t doubt some of or delay or treatment rationing of cess to a public plan. As a matter of the cost containment proposals in her health care in order to contain costs. fact, we don’t need one because there answers could be worthy of pursuing, The independent Lewin Group anal- are private plans that provide the cov- Governor Sebelius failed to prove that ysis found that a new public plan could erage we receive. they will provide substantial savings in mean that 118 million Americans will I am concerned that Governor a $2.4 trillion health care system. The lose their current health care coverage, Sebelius is not up to the challenge of Congressional Budget Office is also and 130 million Americans could end up finding—and this is my final point— skeptical that the proposals she men- on a government-run health care plan. more than $90 billion of waste, fraud, tioned will result in any substantial That is what I mean as a ‘‘gateway’’ to and abuse in the Medicare-Medicaid savings. a single payer system through this so- Program each year. Finally—and this should cause all of called innocuous sounding public plan There are some who have said that us to be concerned about whether there which will run competition out, will what we need is Medicare for all. Well, actually will be cost containment or undercut it, and make it impossible to right now Medicare, as I indicated, and cost savings in health care reform—I have the benefits of a competitive mar- Medicaid have roughly $90 billion in am puzzled by the fact that President ket, as we have seen on Medicare Part fraud, abuse, and waste. I hope that is Obama’s budget actually asks for more D, the prescription drug coverage plan, not what they mean—that we need to money, $634 billion. That is not the which actually, in an amazing feat, has carry over that kind of waste, fraud, total price; that is for a downpayment. a high public satisfaction and came in and abuse into a Medicare or a single- In my State, as well as the State of the under proposed cost, mainly through a payer system. According to an article Presiding Officer, before people are ac- market-based mechanism that creates in the Washington Post last year, more customed to making a downpayment, a market for insurance companies to than $60 billion is lost each year to they usually want to know what they provide prescription drug coverage. Medicare fraud alone. That is just are buying. But the budget proposal by That is the kind of model we should be Medicare—$60 billion of money that the President called for $634 billion of looking at to learn from in order to could go to provide services to Medi- additional spending as a downpayment contain cost, not by Government de- care recipients that is lost to people

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It is difficult to imagine a drive up the cost of health care and, I improve our health care system, not truly level playing field that would simulta- believe, represent an unacceptable mis- this kind of partisanship. neously produce benefits from a government- management of taxpayer dollars. Then, finally—and this is my final run system. While prescription drugs are not When I asked Governor Sebelius point—Governor Sebelius failed to dis- a perfect comparison, the experience of com- about how she planned to fight fraud in close relevant information to the Fi- peting plans in the Medicare prescription our public programs, she only gave the nance Committee during the consider- drug arena suggests that a government-run vaguest of answers to my questions. ation of her nomination. Not only was option is not essential to energize a competi- Additionally, her record as Governor tive system that has turned out to cost less there the matter of her tax returns— than expected. Insurers and private compa- tells me that she is not yet ready to something that, unfortunately, has be- tackle that kind of fraud, waste, and nies have been at least as innovative as the come a trend, it seems, in this adminis- federal government in recent years in find- abuse as Secretary of Health and tration’s nominees—she also failed to ing ways to provide quality care at lower Human Services. disclose contributions from a con- costs. Medicare keeps costs under control in The Kansas State Legislature is plan- troversial abortion provider until part because of its 800-pound-gorilla capacity ning to have hearings on whether Gov- pressed by the media. to dictate prices—in effect, to force the pri- ernor Sebelius was involved in a deci- The Associated Press wrote that: vate sector to subsidize it. Such power, if ex- sion to provide more than $700,000 in ercised in a public health option, eventually ‘‘extraordinary’’ Medicaid funds to an When the discrepancy became public would produce a single-payer system; if organization linked to a number of her Sebelius acknowledged getting an additional that’s where the country wants to go, it $23,000 from Tiller and his abortion clinic be- should do so explicitly, not by default. If the supporters. An article by the Kansas yond the $12,450 she initially reported. Health Institute said that: chief advantage of a public option is to set a While I appreciate her apology and benchmark for private competitors, that Regardless of the Medicaid question, which could be achieved in other ways, for example, isn’t likely to be answered any time soon, her mention that it was only an inad- by providing for the entry of a public plan in many believe [the Medicaid Director’s] deci- vertent error, I am concerned that a case the private marketplace did not per- sion was based on the political connections Cabinet Secretary should be held to a form as expected. of those most closely involved. much higher and more transparent Maybe we’re wrong. Maybe it’s possible to The article goes on to say: standard. design a public option that aids consumers Some Kansas officials are debating wheth- So I am sad to say I will not be able without undermining competition. If so, we er State oversight of [Kansas’] Medicaid pro- to support Governor Sebelius’s nomina- certainly wouldn’t oppose a program that in- gram was strong enough. The debate focuses tion for Secretary of Health and cluded a public component. But it would be on the inspector general’s office, created in Human Services. a huge mistake for the left to torpedo reform 2007 within the Kansas Health Policy Au- I yield the floor. over this question. thority to ferret out potential problems in Mr. REID. Mr. President, the hole we Medicaid. The first inspector general left in EXHIBIT 1 October and has told legislators the author- [From the Washington Post, Apr. 27, 2009] have inherited is a deep one. We are all in it together, and together is the only ity hindered her work . . . The scrutiny REFORMING HEALTH CARE came after a legislative audit described $13 way we will be able to climb out of it. million in ‘‘suspicious claims’’ paid by Med- Of the many possible issues that could One step that will put us back on the snarl health-care reform, one of the biggest icaid in 2005 and 2006, before the authority path to prosperity is reforming our took over the bulk of the program. In one is whether the measure should include a gov- ernment-run health plan to compete with broken health care system. case, auditors said the program paid a doctor We will soon begin debating the best $941 for a Cesarean section when the patient private insurers. The public plan has become was an 8-year-old boy. an unfortunate litmus test for both sides. way to give all Americans the access to Republicans and, indeed, all of us, I The opposition to a public plan option is un- quality, affordable health care that derstandable; conservatives, health insurers, believe, want a new HHS Secretary to they deserve. We will begin to lay the health-care providers and others see it as a groundwork for creating health care be someone committed to work with slippery step down the slope to a single- them to reform the health care system jobs that not will not only improve the payer system because, they contend, the gov- health of our economy but of Ameri- in a bipartisan process that will reach ernment’s built-in advantages will allow it the best result for the American public. to unfairly squash competitors. cans everywhere. Unfortunately, with a sense of fore- For liberals, labor unions and others push- It will not be an easy task. It will boding, I read accounts that Demo- ing to make health care available to all take the cooperation of both Repub- cratic leadership wants to use the Americans, however, the fixation on a public licans and Democrats. It will take the budget reconciliation process to jam a plan is bizarre and counterproductive. Their collaboration of both the White House position elevates the public plan way out of and the Congress. But right now, the partisan health care reform bill proportion to its importance in fixing health through on an expedited basis without President is playing shorthanded. care. It is entirely possible to imagine effec- Governor Sebelius will be a key play- adequate debate or deliberation. I tive health-care reform—changes that would think that would be the worst of all expand coverage and help control costs— er on his team. President Obama will possible outcomes. This is a serious without a public option. benefit from having her experience and enough issue that we need true bipar- President Obama has said that he favors a temperament in his Cabinet, and all tisan buy-in and contribution to work- public option but has been sketchy on de- Americans will benefit from her ex- able health care reform. tails. His nominee for secretary of health traordinary leadership. Unfortunately, Governor Sebelius and human services, Kathleen Sebelius, said Governor Sebelius has worked hard backed a highly partisan process for that she wants a public plan to ‘‘challenge for the people of Kansas for more than private insurers to compete on cost and qual- health care reform that excludes rep- 20 years—the first 8 in the State legis- ity’’ but ‘‘recognizes the importance of a lature, then as the State’s insurance resentatives of 50 percent of the Amer- level playing field between plans and ensur- ican people: the use of budget rec- ing that private insurance plans are not dis- commissioner for another 8 years. It is onciliation that I mentioned. Governor advantaged.’’ safe to say she knows a thing or two Sebelius refused to say that she would The argument for a public plan is that, about the complexities of insuring all not support the use of reconciliation to without the need to extensively market Americans and the urgency with which pass health care reform. In her re- itself or make a profit, it would do a better we must do so. sponse to committee questions, she job of providing good health care at a reason- On her way to becoming insurance wrote: able cost, setting an important benchmark commissioner, Kathleen Sebelius re- against which private insurers would be fused to take campaign contributions There are many tools available and none of forced to compete. Even in a system where those tools, including reconciliation, should insurers are required to take all applicants, from insurance companies. Once she be taken off the table. public plan advocates argue, incentives will got there, she made her mark by crack- I am very concerned that using a par- remain for private plans to discourage the ing down on HMOs and saving tax- tisan procedural trick to reform a sys- less healthy from signing up; a public plan is payers money.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4795 For the last 6 years, she has served as Casey Kohl Reid Accordingly, in one of his first na- the Democratic Governor of a bright Collins Landrieu Roberts tional security decisions, he estab- Conrad Lautenberg Sanders red State. One doesn’t succeed—let Dodd Leahy Schumer lished a 60-day comprehensive review alone get reelected—in that environ- Dorgan Levin Shaheen of our entire policy. He asked the re- ment without knowing how to put peo- Durbin Lieberman Snowe spected Bruce Riedel to take leave Feingold Lincoln ple ahead of partisanship. Governor Specter from the Brookings Institution and Feinstein Lugar Stabenow Gillibrand McCaskill oversee this review. Sebelius did just that—she expanded Tester Gregg Menendez The policy review is now complete. health care for children and made both Udall (CO) Hagan Merkley health care and prescription drugs Udall (NM) With the full support of Admiral Harkin Mikulski Mullen and General Petraeus, the more affordable for everyone. Inouye Murray Voinovich Her integrity is beyond reproach, her Johnson Nelson (NE) Warner President is dispatching an additional Webb expertise is essential, and her con- Kaufman Nelson (FL) 4,000 troops to train and advise the Af- Kerry Pryor Whitehouse ghan Army as it grows in size and firmation is long overdue. Klobuchar Reed Wyden The only way for our economy to scope to shoulder the burden of secur- NAYS—31 fully recover is by making the critical ing Afghanistan on its own. The President is dramatically in- investment of reforming health care. Alexander DeMint Martinez Barrasso Ensign McCain creasing our civilian presence in Af- The stakes are too high and the cost of Bennett Enzi McConnell ghanistan, recognizing that we cannot inaction is too great. Bunning Graham Murkowski win this conflict on military terms If we are going to start digging out of Burr Grassley Risch Chambliss Hatch Shelby alone but must provide a robust devel- this hole, we must start by filling the Coburn Hutchison opment and diplomatic capability to hole over at HHS. And if we are going Thune Cochran Inhofe Vitter complement our brave fighting men Corker Isakson to fix our broken health care system, Wicker and women. who is better equipped to lead that ef- Cornyn Johanns Crapo Kyl Finally, the Obama administration fort than Kathleen Sebelius? NOT VOTING—3 recognizes we cannot separate Afghani- The PRESIDING OFFICER. The Sen- stan and Pakistan, to pretend as if ator from New Mexico. Kennedy Rockefeller Sessions they were two separate challenges. Mr. BINGAMAN. Mr. President, what The PRESIDING OFFICER. On this Nothing could be further from the is the business before the Senate? vote, the yeas are 65, the nays are 31. truth. The PRESIDING OFFICER. The Under the previous order requiring 60 Following the successful offensive of nomination of Kathleen Sebelius. votes, the nomination is confirmed. the United States in Afghanistan in Mr. BINGAMAN. Mr. President, I ask The motion to reconsider is laid upon 2001 and 2002, hard-line Taliban and al- unanimous consent that any remaining the table, and the President shall be Qaida elements successfully relocated debate time be yielded back and the immediately notified of the Senate’s to western Pakistan. From there, they Senate then proceed to vote on con- action. have created a sanctuary to attack firmation of the nomination of Kath- f troops of the United States, to desta- leen Sebelius to be Secretary of Health bilize eastern and southern Afghani- LEGISLATIVE SESSION and Human Services; that upon con- stan, and to launch attacks on Paki- firmation, the other provisions of the The PRESIDING OFFICER. Under stani military units and civilian instal- April 23 order remain in effect. the previous order, the Senate will now lations. The PRESIDING OFFICER. Without return to legislative session. Moreover, these radical elements are objection, it is so ordered. f beginning to move westward within Pakistan, threatening the stability of Mr. BINGAMAN. Mr. President, I ask MORNING BUSINESS for the yeas and nays. the Pakistani state. I am extremely The PRESIDING OFFICER. Is there a Mr. DURBIN. Madam President, I ask concerned by the speed with which the sufficient second? There appears to be unanimous consent that there now be a Taliban is gaining ground, especially in a sufficient second. period for the transaction of morning the areas close to Islamabad, the cap- The question is, Will the Senate ad- business, with Senators allowed to ital. I know the administration is vise and consent to the nomination of speak for up to 10 minutes each. working with our partners in Pakistan Kathleen Sebelius, of Kansas, to be The PRESIDING OFFICER. Without to prevent the situation from deterio- Secretary of Health and Human Serv- objection, it is so ordered. rating even further. We must continue ices? The Senator from Pennsylvania. to work with the Government of Paki- The clerk will call the roll. f stan to prevent these radical groups The assistant legislative clerk called FOCUS ON AFGHANISTAN AND from destabilizing the Pakistani State the roll. PAKISTAN and the region. As we all know, Paki- Mr. DURBIN. I announce that the stan has a nuclear arsenal which would Mr. CASEY. Madam President, I rise Senator from Massachusetts (Mr. KEN- pose a grave threat should it fall under to convey this afternoon some brief re- NEDY) and the Senator from West Vir- the control of extremists. marks on the new strategy of the The recent gains of the Taliban show ginia (Mr. ROCKEFELLER) are nec- United States for Afghanistan and essarily absent. how interrelated the threats in Paki- Pakistan announced by President I further announce that if present stan and Afghanistan are. The threat Obama last month. I applaud his state- and voting, the Senator from West Vir- in Afghanistan feeds off the threat in ment, and I applaud the sharpening of Pakistan and vice versa. We must treat ginia (Mr. ROCKEFELLER) would vote focus this new administration has ‘‘yea.’’ this for what it is: one theater that re- brought to our mission in this critical quires a unified approach. Mr. KYL. The following Senator is region of the world. For too long, our The President laid out, in vivid necessarily absent: the Senator from policy in both Afghanistan and Paki- terms, why this is so important that Alabama (Mr. SESSIONS). stan has drifted—overly reliant on sup- we achieve success in our mission in The PRESIDING OFFICER (Mrs. port for individual leaders, excessively both countries. Let me quote from his SHAHEEN). Are there any other Sen- ambitious in our goals for the region, speech laying out the new strategy. I ators in the Chamber desiring to vote? and, finally, lacking any constraints or am quoting President Obama: The yeas and nays resulted—yeas 65, accountability for the billions of tax Multiple intelligence estimates have nays 31, as follows: dollars of the United States spent in warned that Al Qaeda is actively planning [Rollcall Vote No. 172 Ex.] both countries. attacks on the U.S. homeland from its safe- YEAS—65 President Obama made clear during haven in Pakistan. And if the Afghan gov- ernment falls to the Taliban—or allows Al Akaka Bingaman Burris the campaign last year that we could Qaeda to go unchallenged—that country will Baucus Bond Byrd no longer pair grandiose rhetoric with Bayh Boxer Cantwell again be a base for terrorists who want to Begich Brown Cardin paltry resources when it comes to U.S. kill as many of our people as they possibly Bennet Brownback Carper policy toward those two nations. can.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4796 CONGRESSIONAL RECORD — SENATE April 28, 2009 It gets no clearer than that. The very Thursday, we will consider an amend- Now, if the person headed for bank- people who attacked us on 9/11 are plot- ment which I will offer relative to the ruptcy court facing foreclosure on ting future attacks on us in Afghani- Bankruptcy Code. I can remember not their home is well off and has other stan and the border region in Pakistan. that many years ago, when we re- real estate, such as a vacation condo in We must disrupt and neutralize these formed the Bankruptcy Code, I was a Arizona or Florida, it is interesting groups before they strike again. member of the Senate Judiciary Com- what the bankruptcy court can do. The A theme I have emphasized in recent mittee—a new member—and the rank- person who comes in filing for bank- weeks is that the President, supported ing chairman of the Subcommittee on ruptcy facing foreclosure on two pieces by his Cabinet officers and top aides, Bankruptcy was Senator GRASSLEY of of real estate, the home and the vaca- must continue to engage the American Iowa. He had worked on this for quite tion condo, finds out that the court people on why our mission in Afghani- some time. treats them totally different. stan and Pakistan is so essential to our I looked around the Senate Judiciary When it comes to the vacation condo, national security. In other words, it is Committee and reflected on my col- the bankruptcy judge sits down, takes not enough to have one Presidential leagues, many of whom had served for a look at the assets of the person filing speech on our strategy and then to ig- years in the Senate and on that com- for bankruptcy, and tries to determine nore the issue. I know this President, mittee. But when it came to the issue whether at the end of the day they can and I understand he will not do that. of bankruptcy, 10 years ago, I realized ever make another mortgage payment. Instead, he will continue to talk about something that was a little amazing. For some, it is hopeless; they have lost the importance of the sacrifices being By virtue of the fact that I had taken a job and they are so far behind it will made by our fighting men and women a course in bankruptcy at Georgetown never work. But for others, they are in that theater. He will lay out a series Law School 30 years before—a 3-hour, right on the edge. So the bankruptcy of benchmarks to measure progress by one-semester course—and had been ap- judge has the power, when it comes to the Afghan and Pakistani Governments pointed a trustee in bankruptcy in the the vacation condo, to rewrite the and then give us clear indications as to Federal court in Springfield, IL, over a terms of the mortgage that is being how they are doing. The American peo- bankrupt gas station, I had more expe- foreclosed upon because the judge con- ple will support their Commander in rience in bankruptcy than any member cludes that the person can make a Chief but only provided they are given of the committee. mortgage payment, if in fact the per- updates on the progress achieved at Nevertheless, we embarked on this son is given a new interest rate or a regular intervals. reform of the Bankruptcy Code—a mas- new term for the mortgage. Let me conclude with one final obser- sive undertaking. It took years before That is what they can do with the va- vation. During the lead up to and the it was finally accomplished, and during cation condo. But what can the bank- early execution of the Iraq war, the the course of that a lot of amendments ruptcy judge do when you file for bank- Congress was rightly criticized for were offered. Of course, I viewed bank- ruptcy facing foreclosure on your being missing in action. Tough ques- ruptcy then and now as the last resort home? The answer is nothing. There is tions on our mission and our strategy of desperate people. But, sadly, many nothing the court can do. There could were not asked often enough. Adminis- millions of Americans have found this literally be a circumstance where a tration assertions were too often taken to be the only thing to which they can person could have a restructured mort- at face value. We cannot allow that to turn. They have reached such a point gage coming out of bankruptcy to save happen again, not in a military conflict in their lives and in their economic ex- that condo in Florida but lose their so vital to the security of the Amer- perience where they have no choice but home. That is the way the law is writ- ican people. to turn to bankruptcy court and try to ten. I support the President whole- wipe the slate clean and to start over. The same is true when it comes to heartedly, but that support is neither The major reasons people go into farms and ranches. Not long ago some blind nor unthinking. I happen to chair bankruptcy are pretty obvious—the of the critics of my amendment were the Senate Foreign Relations sub- loss of a job; the No. 1 reason, of pushing in Congress and in the Senate committee responsible for the Middle course, is health care bills. People end a revision in the bankruptcy law which East and South Asia. Accordingly, Af- up with bills that aren’t covered by in- said, if someone goes into bankruptcy ghanistan and Pakistan fall within my surance and have no place else to turn. facing foreclosure on their farm, then subcommittee’s jurisdiction. I intend Sometimes a bitter divorce will end in we ought to let the bankruptcy judge to hold hearings later this year to re- bankruptcy court. It is rare that people see if they can rewrite the terms of the view the administration’s implementa- turn to it. I think many of the critics mortgage. We passed that into law. The tion of the strategy it announced re- of bankruptcy think people are just same thing applies to ranches—farms, cently, with a special focus on the looking for any opportunity to go to ranches, second homes, and vacation promised benchmarks for success in bankruptcy court. I don’t think that is condos. The bankruptcy court has that both countries. the case with the majority of those pe- power. But when it comes to your Effective congressional oversight is titioners who file for bankruptcy. home it does not. essential if the United States is to have So here I am again, some 10 years How do you explain that? Why in the unity of purpose and unity of will to, later, looking at the Bankruptcy Code, world could someone turn to the bank- as the President has said, disrupt, dis- but this time in a different context al- ruptcy court for relief for every piece mantle, and defeat al-Qaida in Paki- together. At this point in time, more of property but the most important one stan and Afghanistan and to prevent and more Americans are headed for in life? The answer is that it is the law, their return to either country in the bankruptcy court for a new reason. and that is what the Durbin amend- future. They are losing their homes. They fell ment would change. Madam President, I yield the floor behind in their payments on their Of course, there are some who do not and suggest the absence of a quorum. mortgages, became delinquent, and like this change—the banks. They The PRESIDING OFFICER. The now face foreclosure. You know what I don’t like this change because it means clerk will call the roll. The assistant legislative clerk pro- am talking about—people who have at the end of the day, if they will not ceeded to call the roll. lost their jobs, people who signed up sit down with someone facing fore- Mr. DURBIN. Madam President, I ask for mortgages that were very mis- closure to try to work out and renego- unanimous consent that the order for leading, people who ended up in a cir- tiate the terms of the mortgage—at the the quorum call be rescinded. cumstance where the mortgage they end of the day that person may go to The PRESIDING OFFICER. Without signed ends up triggering a new inter- bankruptcy court and end up having a objection, it is so ordered. est rate they can’t sustain. So the most judge do it. That is the court of last re- f important asset they have on Earth— sort when one is facing foreclosure their home—is about to be lost, and under my amendment. So that is why BANKRUPTCY CODE REFORM they are headed to bankruptcy court to many of the banks resist it. They don’t Mr. DURBIN. Madam President, later try to salvage something out of their want to sit down and renegotiate the this week, probably tomorrow or lives. terms of the mortgage.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4797 Now let’s take a look at where we are kids. I have a home in the suburbs. My she was counting on Social Security. in America today. This is not the first mortgage rate is too high. I can’t make She had basically paid off the house in time I offered this amendment. I of- the payments anymore. I don’t want to which she lived and she was in retire- fered it last year to give the bank- lose the home. If I could just renego- ment. She had the Social Security ruptcy court this power. When I offered tiate now to the lower interest rate I checks coming in and, of course, she it, the critics said: We don’t need it. can make the monthly payments, and I believed she was in a secure situation. Mortgage foreclosure is not that big of could save my home. But what am I A knock comes on the door, and a a problem. supposed to do? person says: Mrs. So-and-So, I just When I offered this amendment last And the answer I had to tell her was, wanted to let you know you aren’t liv- year, we estimated that 2 million basically: Beg the bank, and if they ing on one lot, you are living on two American homes would be lost to fore- won’t go along with renegotiating the lots. You see, it turns out there are two closure. Since then things have mortgage, you are in a pretty sorry sit- parcels here. Your backyard is a sepa- changed dramatically. The best esti- uation. You are facing delinquency, de- rate real estate parcel and you have mate now from Moody’s, a group that fault, and foreclosure in a credit situa- failed to pay the taxes on it and it has most people trust when it comes to tion that is going to be absolutely hor- been sold at a tax sale. making economic forecasts, is that in- rible. This is a woman, a wonderful woman stead of losing 2 million homes to fore- So we wrote this bill, not just to give who worked her whole life. She wasn’t closure in America we are likely to the bankruptcy court the power to re- a lawyer or an accountant or a real es- lose more than 8 million homes to fore- negotiate the terms of the mortgage tate expert, and she went into a panic, closure in America. but also to set up conditions. Here are to think that somebody was going to What would 8 million homes in fore- the conditions: The first one is, if build something in her backyard. closure represent? It would represent someone is anticipating going to bank- She said: What can I do? one out of every six home mortgages in ruptcy court, they are required to They said: You have to come up with America. present to their lender, the bank with money to buy back from the tax sale Visualize your own street you live on their mortgage, at least 45 days in ad- for the real estate taxes that went un- or the building in which you live. vance of filing bankruptcy, the legal paid. Imagine how many people are paying a documentation of their economic cir- It turned out they had been mailing mortgage payment on that street. Now cumstances: an indication of their in- the notices of the taxes to another ad- imagine that one out of six loses their come, a balance sheet on their assets dress. She wasn’t aware of it. home. What impact does that have on and liabilities so the bank can take a So she looked around and saw on tel- you as a neighbor? It is not good. The look at them and see if there is a way evision an offer for a home refinancing. value of your home goes down if there to save this person who might other- She called the 800 number, and the next is a foreclosure in your neighborhood. wise face foreclosure. day somebody showed up at her house Even worse, your neighborhood could I think about that flight attendant. and said: We can take care of this. This change. She could prove that she has a steady poor lady, 48 hours later, was brought A foreclosed home, 99 percent of the job. She goes to work every day. She into an office of a mortgage broker in time, goes back to the bank. It is not has been a model citizen, but she got Chicago. This is all happening in 72 sold on the market and reoccupied. It caught in a bad mortgage, and when hours. They sat her down at a table sits there. I have seen them. I have the ARM reset she couldn’t keep up without asking for any evidence of her seen them in Chicago, and I have seen with it. At that point, if the bank of- income or her net worth and handed them in Springfield, IL. These are fers her a renegotiated mortgage where her a stack of papers and said: Just homes that are boarded up with ply- she is paying at least 31 percent of her sign these papers. wood. The lots in front of them look gross income as the mortgage pay- If you have ever been through a real like a trash heap. Many times vandals ment—if the bank makes that offer, estate closing, have you ever felt so come in and rip out the plumbing if then this flight attendant and others, hopeless in your life as with that stack they can get some copper pipe out of it, if they do not take the offer, cannot of papers? As a lawyer I used to sit and sometimes it ends up becoming a ask for the bankruptcy court to change there and think: I hope I have looked haven for criminal activity and drug the terms of the mortgage. through everything that is in there be- trafficking. It can literally destroy a It is pretty basic. We put a limit on cause it is page after page of small neighborhood, and I have seen that how much of a house someone can take print, most of it in terms most people happen—one foreclosed home. into this process. It is about $729,000. wouldn’t understand. Why? The banks can’t do anything We also say that only loans that origi- She signed all of these documents. with it. They can’t sell it on this mar- nated before January 1 of this year are They gave her the money to buy the ket. They certainly do not put the time eligible for modification. The loans lot back from the tax sale, and they in to maintain the home as you would must be at least 60 days delinquent be- said we will give you a little extra your own home in that same neighbor- fore they are eligible for modification, money on the side. She thought every- hood. And everybody suffers as a result and only loans for which a foreclosure thing worked out. The monthly pay- of it. notice has been sent are eligible. So it ment was something she could handle. In addition, the banks that go is an emergency, a pretty drastic cir- Then came the reset. In a matter of through mortgage foreclosure end up cumstance before a person would exer- a year or two the reset on the mort- spending $50,000—that is about the av- cise these rights, go to a bank, put gage, this adjustable rate mortgage, erage of what it costs a bank to have a their documentation on the table and drove the monthly payment up to the home foreclosed upon. see if they could get a renegotiation of point where they were taking 80 per- It looks as if there are a lot of losers their mortgage. cent of her Social Security check. She in this process I have just described. A I think it is a reasonable way to stop was about to lose her home, the whole family loses their home, a neighbor- some of the mortgage foreclosures, and thing now, because of what she had hood sees a decline in value of all the I think this is essential if we are going signed up for. real estate around it, and there is an to turn this economy around. This re- That is when I met her in this des- eyesore at least, and maybe worse, and cession started in the mortgage mar- perate circumstance, where she turned the bank ends up with a $50,000 debt. ket, and it will not end until we to people and said: Is there anybody One would think under those cir- straighten out that same market. who can help me out of this mess? She cumstances that banks would be anx- Unfortunately, there were a lot of was in her late sixties and just beside ious to try to figure out if they could smooth operators out there. Let me herself to think that she would have to keep a person in their home. tell you the story of one woman in Chi- give up this home that she had hoped I told a story last night which I think cago, and I think this is such a classic to live in for the rest of her life. illustrates it. A flight attendant on a illustration. This lady had worked her Thank goodness a bank did step for- flight back to Chicago pulled me aside whole life at a little factory, and she ward, refinanced the whole project at a and said: I am a single mom with three had saved up a little bit of money but reasonable interest rate, and she was

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4798 CONGRESSIONAL RECORD — SENATE April 28, 2009 able to stay in the home. But her story trying ways to buy them out because monthly payment, instead of being 4 is not unlike a lot of others where peo- they are too big to fail. The banks are percent, should be 2 percent. Do you ple got into a circumstance with a too big to fail. These financial institu- know why? Because if you pay 2 per- mortgage broker and a bank and ended tions, they know at the end of the day cent a month you will never, ever get up signing up for a mortgage they they are going to get a helping hand out of debt. You are stuck. The min- couldn’t handle. It happened to a lot of from this Government. But when we imum monthly payment is a guarantee people. asked them to give a helping hand to that the interest is going to eat up ev- These mortgage brokers—inciden- people facing foreclosure, they walked erything you pay by the next month. tally, many of them were engaged in away from the table. They walked During the bankruptcy debate here, I predatory lending; that is breaking the away from the table. They would not had a simple little amendment. The law—fraud, misleading people because negotiate with us, even though we put amendment said this: If you have on it was a hot market. Boy, if you could in reasonable requirements for people your monthly statement a minimum move a mortgage as quickly as pos- to do the right thing. They walked monthly payment on the credit card, sible, the next thing you knew it was away from it. They feel no responsi- the bank issuing the credit check has part of a big security arrangement off bility toward these people. That is un- to put below that minimum monthly with some big bank somewhere. fortunate. It is unfortunate for the vic- payment: And if you make the min- When I talked to the banks about tims. It is unfortunate for our Nation. imum monthly payment, it will take giving people a second chance facing This is not the last time we are going you X months to pay off the balance mortgage foreclosure, the banks told to visit the issues involving banks. I and you will pay X dollars in interest. me: These people made a big mistake. have learned the hard way that they The credit card companies refused to Why should we bail them out of their are a pretty powerful lobby. One would put that information on the monthly statement. And you know what they mistake? Why should we feel any re- think after what we have been through said to me: It is impossible to calculate sponsibility to them for the mistakes with this real estate bubble—the that. Sure it is. It is impossible to cal- they made? subprime mortgage mess with a lot of culate it, because they know if the av- It is a pretty heartless argument. It these banks, people trying to run away erage borrower, the person with that is even worse nowadays because the with multimillion-dollar bonuses in credit card, knew what that monthly very same banks, such as the American the midst of taking money from the minimum payment meant, they would Bankers Association, and the commu- Federal Government—one would think think long and hard about whether nity banks—not as many of those, I with all of that, the bankers wouldn’t might add, but the very same banks that is all they are going to send in. have the political clout in the Senate, It is tough love in a way. Some peo- that are saying these people have to but they do. ple did get overextended in credit. But pay a price for bad decisions, many of It is going to be a real test to see if these credit card companies milked it these banks were in line to receive mil- we can come up with the 60 votes we for every penny it was worth. Senator lions if not billions of Federal dollars need in the Senate to change this law CHRIS DODD of Connecticut is going to because of the same mistakes they and give these homeowners a fighting bring us this credit card reform bill. made. When they made a business mis- chance. I am not sure we can, but I The House of Representatives is about take, they ended up turning to the think it is worth the effort. to pass one this week. Government and our taxpayers. All of I might say to the bankers, if you So next week, I would say to my us ended up trying to help our banks beat me this week—I hope you do not friends at the financial institutions get out of the mess they created with but if you do—hang on tight; we are and the banking industry: Hold on these subprime mortgages and the in- coming back at you next week. tight. We are coming at you again. And struments that followed. Do you know what we are going to this time we are going to try to help So the same banks that made these talk about next week? Credit cards. We out the consumers across the country, terrible mistakes, built these rotten are going to talk about what these to help out the families who are being portfolios, facing bankruptcy them- banks do with credit cards to con- ripped off by credit cards every day, selves, about to go out of business, hap- sumers and families and businesses every single day. pily took the money in from the Fed- across America. And you know what I In a tough economy, people who turn eral Government and now, when we say am talking about, situations where to these credit cards in desperation to them: What about the victims on people face interest rates that all of a sometimes are the most helpless vic- the south side of Chicago or Albany sudden mushroom overnight for no ap- tims. I think it ought to go beyond Park or near Midway Airport—what parent reason. that. I would not stop there. I have leg- about them? Can we give them a sec- I have had this happen. Send your islation which does something that has ond chance? No, sir. Don’t you under- payment in a day late. Watch what not been done in a long time in this stand what a moral hazard is? People happens. You not only get a penalty for country. It establishes a usury rate. have to pay the price for bad mistakes. being a day late, they charge you inter- Usury used to be the established ceil- Bankers, obviously, don’t believe est on the penalty, and then interest ing, the maximum, that you can charge they have to pay the price. Sadly, the again the following months. It just for interest. We got away from that a situation is one that will be manifest keeps coming at you. long time ago. We said, we will let the in the vote we are about to take in just You start adding it up and you think market decide. a few hours—maybe in the next day or to yourself, this is an outrage. And it is Well, I put in a bill that said: The two—on the Senate floor. I have been an outrage. Time and again what these maximum you can charge for interest working on this for 2 years. I thought banks have done with their credit cards for any 1-year period is 36 percent. this was unfair at the start, that the is to put people in a credit trap. That would be for mortgages, that bankruptcy court could not sit and re- They had a feature on NOVA that I would be for credit cards, basic loans. work this mortgage as it can for so watched last year analyzing the credit The reason I picked that number was many other pieces of property. I didn’t card industry. It had this one fellow in that a few years ago we decided that realize when I started this journey that there who is considered the wizard of members of the U.S. military and their 2 years later we would still be talking credit cards. This man was the greatest families were being exploited so badly about millions of homes facing fore- mind in the world when it came to by the pay-day loans and title loans closure and people desperate for it. credit cards. A curious thing about and installment loan operations that America is going to be a different him, though, they would not identify we put a limit on the interest rate that place if 8 million homes face fore- where he lived. They made a point of can be charged to our military and closure. Unfortunately, a lot of towns saying, he would only agree to an their families of 36 percent. Why? Be- are going to be different and a lot of interview if we did not disclose where cause a lot of soldiers borrowing neighborhoods are going to be different he lived. Very unusual, right. money, their family borrowing money, and these bankers are counting on the Well, this man, in his infinite genius, got so deeply in debt and could not get fact that at the end of the day, Uncle came up with the following: He came out of it, they had to leave the mili- Sam will keep sending them money, up with the idea that the minimum tary service. After being trained and

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4799 ready to serve our country, they could STATUTORY TIME-PERIODS TECH- statutory court deadlines to counter- not continue. So we put this protection NICAL AMENDMENTS ACT OF 2009 balance any shortening of the time pe- in of 36 percent. Mr. LEAHY. Madam President, I am riod resulting from the ‘‘days are days’’ If that is good enough to protect our pleased that yesterday the Senate approach. For example, the bill military, why is it not good enough to passed the Statutory Time-Periods changes 5 days to 7 days, and 10 days to protect every American? I think 36 per- Technical Amendments Act of 2009, 14 days, to prevent time periods from cent is reasonable. But I learned some- H.R. 1626. This good-government bill becoming shorter when a practitioner thing as soon as I introduced that bill. creates a more consistent and standard counts all days, including weekends. It is amazing that this industry, like method for lawyers and judges to cal- This change would, in effect, maintain the title loan business, and the pay-day culate court deadlines. It is a small but the same time periods in the statutes. loan business, it is amazing what they important bipartisan bill that will im- In addition, if a time period ends on a will come in, sit down in your office prove the effectiveness of our judicial holiday or a weekend, the time period and say to you with a straight face. I system. would be extended to the next business said to this group in Chicago: Well, Last week, the House of Representa- day. The bill also changes some statu- how much do you charge in interest at tives passed this bill on their suspen- tory deadlines that would otherwise be these pay-day loans and title loans? sion calendar. The Senate has given its inconsistent with the amended rules The fellow said: Senator, you know it unanimous support to this legislation, deadlines and lead to confusion. is the circumstance. and I look forward to the President Both the Department of Justice and I said: How much do you charge? signing this bill. the Judicial Conference urge swift con- Well, you know, on an annual basis Last month, I introduced an identical sideration of this proposal on or before somewhere between 58 and 358 percent. measure in the Senate with Senators December 1 of this year, the date the What—58 and 358 percent? SPECTER, WHITEHOUSE, and SESSIONS. Judicial Conference’s amendments to Yes, but those are circumstances. In the last few weeks, I have worked the rules take effect. I am pleased that It gets down to the bottom line. with many others in the House and we are able to accommodate their re- Those people should not be in business. Senate to ensure that this legislation quest. These poor people who think they are proceeded quickly through both Cham- Passing this bill is the right thing to borrowing money are never going to bers of Congress. Representative HANK do. I know that the legal community get out of that hole. And we make it JOHNSON has worked especially hard to will benefit from the uniform court legal in this country. If you did it as move this bill through the House. We deadlines that this legislation provides. part of some gangland activity, it have a strong bipartisan bill that will American citizens will have their would be extortion, and it might lead result in significant improvements in rights more fully protected by court to criminal prosecution. But if you do the efficiency and effectiveness of our deadlines that are clear and unambig- it with a certain sign in front of your judicial system. uous. Even more, public confidence in business, it is considered the free mar- This legislation incorporates the full our justice system can only be ket at work. Well, I think it is the free recommendations of the Judicial Con- strengthened when court procedures market run amok. That is why I think ference of the United States to alter operate in a manner that is free of any it needs to be changed. deadlines in certain statutes affecting unnecessary confusion. So we are going to face this vote this court proceedings to account for recent I thank the Department of Justice coming week. It is a very important amendments to the Federal time-com- and the wide array of legal and bar or- one. It is one I hope will change the putation rules. It provides judges and ganizations that have supported the landscape. I hope that more homes will practitioners with commonsense dead- Judicial Conference’s recommenda- be spared from foreclosure. And I hope lines that are less confusing and less tions incorporated in this bill, includ- we can start stabilizing the real estate complex than current deadlines and ing of the American College of Trial Lawyers, the Council of Appellate Law- market. also ensures that existing time periods yers, and the American Bar Associa- I think when we do, we are going to are not shortened. find our way out of this recession. After much study and significant tion’s Section of Litigation and Crimi- Until we do, we are going to keep look- public comment, the Judicial Con- nal Justice Section. I am especially grateful to the Administrative Office of ing for the bottom. How many homes ference’s Standing Committee on Rules the Courts which, on behalf of the Ju- will go in foreclosure? How many will of Practice and Procedure and the Ad- dicial Conference, sent us those policy sit vacant? And how low can the value visory Committees on Appellate, Bank- recommendations from the Federal ju- of our homes go for those of us paying ruptcy, Civil, and Criminal Rules ar- diciary. Those recommendations are our mortgages every month? rived at proposed new rules intended to included in this bill, and I commend That is what we are up against. We provide predictability and uniformity them for their hard work and attention have not found that bottom yet, be- to the current process of calculating to this issue. cause the banks are not prepared to court deadlines. The proposed rules re- Only a few months into a new admin- step forward and support any legisla- spond, in part, to findings from the Ju- istration and a new Congress, it is in- tion that gives those people a fighting dicial Conference that the current cumbent upon us to continue to focus chance. They will have their oppor- time-computation process is confusing on the requirements of the Federal ju- tunity this week in the Senate to and can lead to missed deadlines and diciary that our citizens and our Re- speak. litigants’ loss of important rights. public need and deserve. The measure Members of the Senate, tomorrow, I Under the current time-calculation we passed yesterday is a positive step will go through State by State and rules, weekends and holidays are not in the right direction. show you what some of these States counted when calculating court dead- I look forward to President Obama are facing. Mortgage foreclosures are lines of less than 30 days but are count- promptly signing it into law. bad in Illinois. Some parts of Chicago ed for calculating court deadlines f are horrible. But in some States it is longer than 30 days. The proposed new devastating. rules simplify this process by counting TRIBUTE TO SHAP SMITH I think Nevada is a classic example of holidays and weekends regardless of a Mr. LEAHY. Madam President, I a State where mortgage foreclosures court deadline’s time period. According would like to take this opportunity to are out of hand at this point. We have to the Judicial Conference, these pro- recognize the remarkable leadership of got to do something. We have got to posed changes would respond to practi- Mr. Shap Smith who represents the step forward. The President supports tioners’ complaints and concerns from towns of Elmore, Morristown, this proposal I am bringing to the judges. Woodbury, and Worcester, and who is floor. I hope we can find some Members This legislation amends a number of now the current speaker of the on both sides of the aisle, particularly Federal civil and criminal statutes af- Vermont House of Representatives. on the Republican side of the aisle, who fecting court proceedings and har- Having recently assumed the role of will join us. monizes them with the proposed rules. speaker at the beginning of this legis- I yield the floor. First, this remedial bill alters certain lative session in January, Mr. Smith

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4800 CONGRESSIONAL RECORD — SENATE April 28, 2009 has already made his mark as a fair- ‘‘Dave or Tim would have been just fine. There being no objection, the mate- minded and seasoned leader. He has Shapleigh is not a usual Vermont name.’’ rial was ordered to be printed in the driven the successful passage of several Smith had an eye on public service since RECORD, as follows: pieces of legislation, addressing serving in student government in school. He followed politics closely in the 1990s while [From the Burlington Free Press, Apr. 27, Vermont’s sexual abuse response sys- living in New York City and working for a 2009] tem and legalizing same-sex marriage, law firm there, and started becoming more MYERS’ DEATH MOURNED among other important issues. serious about a run after moving to Morris- (By Matt Ryan) ville in 1999. Marcelle and I recently had dinner WILLISTON.—Parents, students and teach- with Shap and his wife Dr. Melissa In 2002, with 2-month-old son Eli at home ers at Williston Central School are mourning Volansky. We are both impressed with but an open legislative seat calling, he took the death of a popular educator who fell from his commitment to Vermont. the plunge, becoming what he described as a ladder and suffered a severe head injury I am looking forward to watching the ‘‘Stealth’’ candidate knocking on doors, while working on the set of the school’s pro- re-acquainting himself with friends from Shap Smith continue to lead the duction of ‘‘The Wizard of Oz.’’ childhood and their families, and quietly Al Myers was found in the auditorium Fri- Vermont Legislature and build a record winning the seat under the radar. of fiscal and social responsibility. I day morning and transported to Fletcher As all legislative leaders discover, juggling Allen Hospital where he underwent surgery. wish him luck as he undertakes this the pressing Statehouse agenda and a home He died Saturday morning, according to the challenging job during these difficult life is challenging (he has two young chil- school. times. dren, and wife Melissa is a general practi- Julie Longchamp, the producer of the I ask unanimous consent that the tioner). school play, worked with Myers for 20 years. text of an April 20, 2009, Rutland Herald ‘‘I go home almost every night,’’ he said, ‘‘He was an extraordinary man with a lot article about Mr. Smith be printed in adding that he tries to arrive in time to read of passion,’’ Longchamp said. ‘‘Everyone has to his children or at least put them to bed. the RECORD. come together and we’re going to be putting ‘‘I’m the one that gets them up in the morn- Al’s show on.’’ There being no objection, the mate- ing, which is a real reality check.’’ rial was ordered to be printed in the Longchamp prepared for the play near Things are less clear at the Statehouse, Myers’ desk, in their office at the school RECORD, as follows: where Smith is focusing on his legislative Sunday evening. In the auditorium, parents [From the Rutland Herald, Apr. 20, 2009] agenda: and students quietly worked on the play’s (1) Repairing and maintaining Vermont’s SMITH LEADS WITH GRINNING STYLE set and costumes, the Emerald City and transportation system—the roads and (By Susan Allen) Glinda’s pink dress. Tickets for the show, bridges; which is scheduled for this weekend, sold out MONTPELIER.—Each speaker of the (2) Expanding and improving telecommuni- April 1. Vermont House has his or her own leadership cations (computer broadband) in rural areas; style. ‘‘The play the Wizard of Oz will go on as (3) Strengthening Vermont’s public edu- scheduled under the direction of Julie Ralph Wright growled. cation system; and Michael Obuchowski boomed. Longchamp,’’ principal Walter Nardelli (4) Trying to close the gap in educational wrote in an e-mail to parents. ‘‘Al and his Walt Freed ruled. performance between students on the lower Gaye Symington analyzed. family would have wanted it that way.’’ economic scale and their wealthier peers—a Counselors will be available today for stu- And Shap Smith . . . well, he grins. disparity consistently documented in na- ‘‘I’m a friendly guy,’’ said House Speaker dents, and staff will attempt to keep the day tional and state school test scores. Smith, new to the post this session, when as normal as possible, Nardelli said. He en- Hanging over those priorities is the stag- asked last week about his style. Smith, him- couraged children to go to school. Students gering challenge of trying to balance the self a Democrat, reaches across the political were on break last week. state budget in dire economic times, with aisle to work with Republicans, Progressives The school was coordinating with Cham- the state hemorrhaging red ink. It is, he and Democrats alike. plain Valley Union High School to support said, a task that ‘‘keeps me up at night.’’ But don’t think he’s a pushover. former students who worked with Myers, ‘‘How do you balance being fiscally respon- ‘‘People know I take the issues pretty seri- Nardelli said. sible with meeting the needs of the state?’’ ously,’’ added Smith, a University of Myers had directed many theater produc- he asked rhetorically. And while not com- Vermont and Indiana University School of tions over the years. Former students and pletely unexpected, the economic challenge Law graduate who handles intellectual prop- parents of students posted thoughts about has been ‘‘worse than some of us thought it erty, insurance coverage and civil litigation the teacher on several Facebook pages dedi- would be.’’ with the firm Dinse/Knapp/McAndrew during cated to his memory. They wrote about Returning to the place he was raised, the off-session. ‘‘I can go toe-to-toe in debat- working with Myers on plays like, ‘‘Annie meeting and re-meeting neighbors, old ing issues.’’ Get Your Gun,’’ ‘‘Fiddler on the Roof’’ and Looking at the speaker, opponents might friends and classmates, and watching his ‘‘Macbeth,’’ and catching his infectious love be tempted to underestimate his political children grow up in the same area he did for music and theater. skills. With a wiry frame from running, seems to drive Smith’s political vision. ‘‘Mr. Myers was a wonderful teacher who cross-country skiing and other athletic ac- ‘‘I want to make sure we put in place poli- took me under his wing as he did to so many tivities, and his wire-rimmed glasses, Smith cies that allow the next generation to have others,’’ David Stephens of Burlington looks about 25. He is, in fact, 43. the opportunities that I did,’’ he said. wrote. ‘‘I remember the sing-a-longs that he And anyone who thought he might be too f had in class where he would pull out his gui- young to lead need look no further than the tar and would have 100 percent participation recent House vote to override the governor’s REMEMBERING AL MYERS because it was so much fun. I can still re- veto of the same-sex marriage bill. Smith Mr. LEAHY. Madam President, I am member a bunch of the songs we would sing, needed 100 members to support the override, both proud and saddened today to sa- ‘Feeling Groovy,’ ‘Blowin’ in the Wind.’ ’’ and going into the vote, the outcome was far Former Williston Central School principal from certain. lute Mr. Al Myers, a beloved teacher at Lynn Murray remembered Myers being ‘‘bril- As he announced the final tally to the Williston Central School in Vermont liant with children.’’ House floor—to the surprise of many, the who recently passed away after being ‘‘In my entire career, I have never met needed 100 voted with the speaker and same- injured while working on the set of a anyone with so much heart, so much talent sex marriage would become law in school play. Mr. Myers was best known and so giving a nature,’’ Murray wrote. Vermont—Smith stepped away from the po- as a popular educator who was remem- According to one Facebook page, a celebra- dium briefly and appeared emotional. bered by former school principal Lynn tion of his life will be held at noon, May 16 ‘‘I have friends and colleagues to whom Murray as being ‘‘brilliant with chil- at the Williston Central School. As of 9 p.m. and for whom this bill meant a great deal,’’ Sunday, more than 450 people joined the ‘‘In he said during a conversation last week in dren.’’ As a U.S. Senator, I remember Memory of Al Myers’’ Facebook page. his window-lined Statehouse office. ‘‘I am Mr. Myers bringing students to Wash- ‘‘He’s going to be a very, very missed very pleased we were able to do it. It was a ington, DC every year. He truly wanted man,’’ Longchamp said. great achievement.’’ them to understand the importance of f Shap is actually Shapleigh Jr., a name living in the world’s greatest democ- that came from his grandmother, who was racy. AMERICAN CITY QUALITY MONTH adopted into the Shapleigh family from the In memory of Mr. Myers, I ask unani- Ms. SNOWE. Madam President, I rise town of Shapleigh, Maine. His grandmother grew up in West Lebanon, N.H., where ‘‘there mous consent that the following me- today to recognize that the month of were all these Shapleighs,’’ he added. morial article, by Matt Ryan of the April is designated as American City ‘‘I went to high school in Morrisville. I al- Burlington Free Press, be printed into Quality Month. Through the continued ways wanted a different name,’’ Smith said. the RECORD. efforts of the American City Planning

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4801 Directors’ Council and the American after studying as a civil engineer. Com- There being no objection, the mate- City Quality Foundation, ACQF, the missioned as a lieutenant in the Civil rial was ordered to be printed in the April 2009 theme is appropriately la- Engineer Corps of the Navy in 1881, he RECORD, as follows: beled, ‘‘Support Planning and Action went on to complete projects in Florida My husband and I both work out of the for Better Quality Communities.’’ For and Nicaragua, gaining an expertise home. He is a biology teacher at a high many years the emphasis promoted by that developed his love for the Arctic. school in Nampa, and I work part-time for a the ACQF and its numerous profes- Peary made his first expedition to utility company. I work because I have to, Greenland in 1886 and for the next 23 but I work as little as I can because raising sional organizations and supporters has moral children is the better thing to do. We been to call attention to the vital need years, he honed his skills and refined a love Boise! Our home is about equal distance for improving American cities through deft intellect and acumen for the north from our jobs, but in opposite directions. I go quality planning—via coordinated ef- seas, preparing him for his quintessen- east; he goes west. Recently, I have ap- forts to produce effective decisions, de- tial journey. proached my employer to allow me to work sign, development, management, and Although there are myriad contribu- three full days a week instead of five shorter action. tions we could recognize, it is his ad- days. This is solely to save on the expense As our country’s population growth venture begun on July 6, 1908, that we rising gas prices have on our budget. With most honor as Peary and his men the costs of gas, food, electricity going up, projections appear to reach an addi- we are in a tough spot. I have been with my tional 34 million people by the year sailed northbound in his ship, the Roo- employer for 8.5 years, and my pay is maxed 2020, the importance of proper urban sevelt whose plans he developed on out. I must rely on a cost-of-living adjust- planning as it relates to area sur- Eagle Island in Casco Bay and which ment at the beginning of the new year, but roundings, land conservation, and qual- was built in Bucksport, ME. I might since that is never a guarantee, it is not in- ity of life becomes a crucial component add! Having arrived at Ellesmere Island cluded in our budgeting plans until it hap- of the United States’ strategy to halt with 23 men, 133 dogs, and 19 sleds, on pens. My husband is in his fourth year of March 1, 1909, Peary set off for the final teaching, and teachers’ pay? Well, you know urban sprawl and the waste of both how bad that is. He will receive an increase human and fiscal resources. Subse- leg of his journey. For 37 days, they in his yearly salary of $750 this year (for a quently, through the devoted work, de- rode by sledge through one of our plan- total salary of just $31,750), hardly enough to velopment, and planning of the ACQF et’s most hostile environments. And it compensate for those rising costs previously and interested parties, the recognition was on April 6, 1909, when Peary mentioned. (What is been most troublesome has surfaced—that coordinated efforts achieved his lifelong dream and history to me lately is that an individual my father on the part of city, State, and Federal was made as he and his five colleagues associates with gets $36,000 a year in Social governments, and the private sector were the first to step foot on the bar- Security benefits for ‘‘psychological’’ rea- sons—most likely a result of years of drug need to be exacted more than ever. ren North Pole. use—and she spends $50/day on marijuana. So Such a critical mission must continue Although it may be easy to forget while the state government does not even until there is mainstream coordination some of the challenges that Peary and pay my husband enough to provide for a fam- throughout the nation to improve our everyone on his expedition endured, or- ily, they are giving an extra $4,000/year to country’s urban settings in terms of ganizations such as the Friends of support another person’s drug abuse.) cultural, practical, and land conserva- Peary’s Eagle Island and the Peary- The situation regarding higher gas prices MacMillan Arctic Museum at Bowdoin is leading us to look into carpooling, keeps tion amenities. us from going out as much, and is a deter- Therefore, through the efforts of the College have captured this storied his- rent to buying a mini-van (we will try to American City Planning Directors’ tory, providing crucial educational squeeze three car seats into the back of our Council, the American City Quality tools for all of our citizens, young and sedan when our third child is born). Several Foundation, and other interested par- old, as we seek to learn more of the ex- months ago, I considered biking to work; but ties, I thank all who have joined to- pedition’s triumphs on this centennial with the traffic in Boise, I am fearful that I gether to address the challenges posed anniversary. Indeed, the State of Maine might be hit, and do not want to leave two by our burgeoning cities, as the inte- and her people have much cause for children motherless. I would like to see more people carpool, or take other forms of trans- gration of efforts has and will continue pride as we celebrate Admiral Peary’s portation. Americans take energy for grant- to provide us with a plan and hope for contributions this month, honoring a ed and in the past, have not been the least the future that assures quality growth phenomenal milestone. bit concerned about the impact of their self- for our Nation’s urban settings. The f ish choices. I also looked into a bus route, ACQF’s mission toward reaching that but none runs very close to our home. In IDAHOANS SPEAK OUT ON HIGH goal has secured both the attention fact, the nearest pick-up is still several ENERGY PRICES and admiration of the American public. miles away. Mr. CRAPO. Madam President, in What should America do? I do not know. f mid-June, I asked Idahoans to share Several months ago, I thought a gas ration TRIBUTE TO ADMIRAL ROBERT E. would force conservation. Sometimes people with me how high energy prices are af- need to be made to do what they will not PEARY fecting their lives, and they responded willingly do themselves. Nuclear? I am con- Ms. SNOWE. Madam President, I rise by the hundreds. The stories, num- cerned about the waste. Our own sources of today to pay tribute to the 100th anni- bering well over 1,200, are heart- oil? I guess I view them like I view my sav- versary of ADM Robert E. Peary’s dis- breaking and touching. While energy ings account—a reserve for emergencies. covery of the North Pole—a truly ex- prices have dropped in recent weeks, Using more of our own resources is a resort the concerns expressed remain very rel- if/when we find that conservation is not ef- ceptional accomplishment. It was a fective enough. Conservation incentives? hundred years ago this month that evant. To respect the efforts of those Seems that it would be rather hard to en- Peary and his men completed their who took the opportunity to share force, and many do not have the money to epic journey through the Atlantic and their thoughts, I am submitting every buy efficient upgrades. However, building re- placed the American flag on the North e-mail sent to me through an address quirements allowing only the construction of Pole, marking the historic discovery. set up specifically for this purpose to energy efficient homes might be a good And as we commemorate this land- the CONGRESSIONAL RECORD. This is not start. If I am not mistaken, they generally mark occasion, the State of Maine has an issue that will be easily resolved, use about 30% less power than a non-energy star home. much to celebrate with the lasting leg- but it is one that deserves immediate I think the only solution is a combination acy of Admiral Peary and all that he and serious attention, and Idahoans de- of solutions on a combination of problems. has done for our State, Nation, and the serve to be heard. Their stories not Sometimes you just have to fix everything world. only detail their struggles to meet ev- at once—it is drastic, but the only way to Born in Cresson, PA, in 1856, Peary eryday expenses, but also have sugges- make real change—even for the government. hailed from a long line of Maine lum- tions and recommendations as to what I do not have all, or even any of the answers, berman and spent most of his forma- Congress can do now to tackle this but a few brilliant minds, or even a few peo- tive years in southern Maine with his problem and find solutions that last be- ple who care, could figure it out together. CHERIS, Boise. mother, following the passing of his fa- yond today. I ask unanimous consent ther. In 1877 he graduated from to have today’s letters printed in the You wanted to know how the rising cost of Bowdoin College in Brunswick, ME, RECORD. fuel is affecting me and my family. We, as of

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4802 CONGRESSIONAL RECORD — SENATE April 28, 2009 March, bought a window covering franchise definitely not my motor home. I cannot sell need to build nuclear power plants right servicing Nampa, Caldwell, Star, Middleton, them either as no one can afford fuel for away (I support doing this in Idaho; it would Mountain Home, while we live in East Boise. them. I guess that means we can just scrap be nice if Idaho was energy independent and Our business is to take the choices to the 3⁄4s of American vehicles just like that be- exporting power to other nearby states!) customer in their home so we are on the road cause no one can invent a better one and no Please pass on the urgency of doing this ex- constantly. If the problem of rising fuel on a one can afford to buy it if they did. peditiously as it is essential to our national mobile business is not obvious, I can draw a Thanks. security. picture. My costs of doing business increases ZACK, Burley. Thank you for the ‘‘i-meeting’’ town-hall with gas prices, with will affect me and the forum as it helps Idahoans save gas and con- value my customers can receive. If this con- Well I suppose I am one of those few, but, serve as well as participate in this very im- tinues, it will make doing business very, hopefully, growing renegades who believes portant process! As a voting Idahoan, I also very challenging. It is especially frustrating that $4 a gallon is one of the best things to believe in conservation, thrift, and respon- knowing that the reserves are available in happen to the environmental world in recent sible stewarding of our beautiful state. this country and our elected officials are history. TERESA. toying with our lives the way you are. Caps Cars and oil-run machines are here and we and windfall taxing is not the answer; get se- need them. But this increase in fuel costs We own a small business here in Idaho. We rious! has spurred all kinds of new ideas and tech- were looking forward to having our SBA loan On another issue, I had to get into my own nologies that need money and research. I paid off this year. The SBA payment has business because after 24 years at Micron my hope that some of these new technologies been as high as $2,200 per month, which at mid-management level job was eliminated to will wean us away from the old fossil fuel times has been a struggle, but we have man- off-shore outsourcing, which again, our gov- standbys, and guide us toward new, sustain- aged to pay it off in the ten-year time frame. ernment has set the stage to make doing able fuel sources. We are now fearful that we will be switching business overseas more attractive than doing I recently heard a few, very promising from paying an SBA loan payment to just business at home. things about algae farms that produce clean paying for gas to survive. Our gas bill used Good luck. I think if the [conservatives] bio-fuels. They would not decimate the food to be $300 to $500 per month. It has now would make more noise in the public about source or encourage more soybean crops in soared to over $2,000 per month. Tell us how real solutions the public would force the lib- the Amazon rain forest. Wind farms are we are going to stay in business? By the way, erals to made positive productive energy so- growing and solar energy is actually being I have heard that the wind generators by lutions occur. ‘‘We the people’’ are not stu- talked about. Here in Idaho, as you know, Mountain Home are not working. Is this true pid. Get the issues in front of us and those the wind blows and the sun comes out in late and why? holding up progress will be removed. May and does not go back in until mid-Sep- STEPHEN and TERRY, Mountain Home. KEN, Boise. tember. These alternatives will not supply 100 percent of our power needs but 30 per- It is not so much that the prices have [My hometown] is based around farming. I cent? 40 percent? I keep hearing all or noth- risen. I understand the supply/demand con- can tell you that my son did work for a ing—we need something that will be omni- cept. But what really irks me is that fact farmer locally and was laid off. The farmer present. But in the summer if we reduced 30 that the big oil companies are recording could not afford to pay him or even raise his percent or 40 percent of our power needs record profits and using the excuse that this normal crop this year due to fuel prices, would not that cut our fossil fuel needs too? will get them through the hard times or they which has forced my Son to become depend- Solar and wind also work in the winter—and need it for research to find more efficient ent on me. I have no choice but to retire if these industries received some of the huge fuel sources. I do not believe this. It has been from my job next year due to poor health. subsidies that oil companies keep getting, quietly insinuated in the past of oil compa- With my loss of income to the household and would not they be, perhaps with more re- nies buying out any new fuel idea to keep the ever-rising fuel costs putting a hardship search, more sensitive and more productive? their monopoly on the industry. They really on everything, I see my middle-class family I have read where most domestic oil drill- do have a monopoly on the U.S. economy and me selling off everything and moving to ing would not start producing anything for fuel source, and we have no recourse except skid row and being on welfare since fuel another ten years. Just imagine what ten to try and minimize our fuel use. We have costs are driving down employment and years of research and development of alter- done this by cancelling vacations and even raised the cost on most everything in this natives could produce with all the energetic short trips in the area. We also are going to area. There are lots of stories like this one imagination that is going on right now. In the store less, planning each trip so that we around here. And a lot of people in this com- ten years we might not even need that oil can accomplish the most in one driving trip. munity feel that the government is doing and those newly drilled areas would all be for The people with lots of money will feel the next to nothing to help. I see our nation in not. And I think with all those profits the oil effects minimally but the middle to lower serious trouble if action is not taken now to companies seem to be making, they could class are taking the brunt of this crisis. I do solve soaring fuel costs. spare a few bucks of subsidies. not think those with money (higher elected I do not know if I have a specific or par- Locally, I still see all these expensive officials) have any idea the difficulties that ticular story about the impact of gas prices houses high in the hills of the Treasure Val- we are encountering because they do not live on me and my family. I am retired and on a ley baking in the sun with hardly a solar that life. Walk in the shoes of some of us for fixed income. You talk about the impact of panel to be found. The transportation situa- a month and then see what is important and gas prices, and I say yes, I have become $50 tion is stagnant with a growing population what is not. a month poorer and will soon be $100, with- and no alternatives to avoid vehicles. There I really do not see how drilling for more oil out any increase in income. but it is not just is no interstate train service to or from here, (like in Alaska) will make any difference about my personal use. There is a financial and the public transportation in this valley when the oil companies use the excuses list- impact in a hundred other ways. All food and is rather pathetic. The legislature keeps vot- ed above. They are still going to get the other services are going up at the rate of 8 ing down any kind of local option tax and highest dollar amount they feel they can get cents per item per week. As trucking firms the possibility for any kind of light-rail away with. The only way the price will and truckers go out of business and we have seems like decades away. change is if demand drops below what is on heard that a third of the nation’s truckers I ride my bicycle just about everywhere, the market. But then, the oil companies can have, we will see costs continue to increase. here in Boise. I see so many more people determine what is on the market (hold back I used to consider myself to be middle-in- riding bikes and I think that is so cool. I their product) to keep the prices higher. Un- come but am now in poverty. I cannot afford have also been getting pretty excited by all less they are regulated in some way, they to heat or cool my home buy good food, the innovations I am starting to see out can do whatever they want. enjoy entertainment or visit friends any- there, glimpses of new and wonderful alter- TERRIE. more. If I was spending any money and some- natives to fossil fuels. But I keep hearing the one was making some, that will stop. It big voice of government saying it will not I just got back from a vacation in Yellow- seems that everyone’s only solution is to work, this cannot be done and that cannot be stone National Park, and the traffic was the raise prices causing us to buy less and less. done. But the idealist in me says it can. We worst I have ever seen in about 50 trips to This is going to spiral into another great are a smart enough country to deal with this the park. It was probably more due to timing depression. [We] have got to open up our oil in a wise and imaginative way. I know that than anything, but it still indicates that gas reserves. Allow states to get the oil we know if we start to let go, a little, of what we have prices are relatively low for the middle class. we have. I am for a clean environment but been beholden to for so long, and open our I am more concerned about the affect of en- none of those environmental lobbyists is minds to all possibilities then good things ergy prices on lower income individuals. going to vote you out of office because you will start to happen. In the long run, we need to focus on other allow drilling. There are way more people JAY, Boise. issues, and improved energy costs will prob- who want fuel. We know that cheap fuel ably be an important side effect. The issues sources are just around the corner. I guess I Simply put, I believe we should begin addi- I would focus on are: am just lucky I have a Geo to drive or I tional drilling immediately off our coasts, in 1. Too much traffic on our highways and could not go anywhere. which reminds me I the Rocky Mountains and ANWR. I also sup- city streets. cannot drive my comfortable cars trucks and port flex fuels/bio diesel alternatives. We 2. Too much crime in our cities.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4803 3. Too much environmental impact from ergy issues. Hydrogen-powered vehicles are Leavenworth, KS, and the U.S. Army mining, drilling for oil and gas, and wind unrealistic and do not make thermodynamic War College, Carlisle Barracks, Penn- farms. or economic sense. Windmills and solar pan- sylvania. 4. Too many farms being subdivided to els have limited potential to reduce energy General Vaughn received several build houses. costs and major environmental impact if we awards and recognitions for his exem- 5. The ‘‘nuclear waste problem’’ and ‘‘nu- try to push them beyond their potential. The clear proliferation problem’’ are not being idea that the world can just keep building plary service. His many military addressed realistically. more efficient cars and more roads is short- awards include the Distinguished Serv- If we take the obvious actions to solve sighted and unrealistic. The idea that you ice Medal; the Defense Superior Serv- these problems, there will be less pressure on can be ‘‘green’’ when your house in the sub- ice Medal; the Legion of Merit, with energy prices: urbs is four times bigger than you need is ri- four Bronze Oak Leaf Clusters; the 1. Invest in public transportation. The fed- diculous. Carbon credits are ridiculous. Meritorious Service Medal, with one eral government has spared no expense in Turning food into alcohol for fuel is ridicu- improving highways over the past 50 years. Silver Oak Leaf Cluster; the Army lous. Commendation Medal; the Army Imagine the effect of an equal investment in DAN, Pocatello. train and bus service. I have ridden on buses Achievement Medal, with one Bronze all of my life, and it can be a nice way to f Oak Leaf Cluster; the Joint Meri- travel or commute. The few trains I have rid- ADDITIONAL STATEMENTS torious Unit Award; the Army Superior den were also very comfortable and conven- Unit Award; and various other awards. ient. This has much more potential to save He has proven himself to be versatile energy than hybrid cars or hydrogen powered TRIBUTE TO LIEUTENANT and fully capable of accepting and mas- fuel cells. A small van has the potential to GENERAL CLYDE A. VAUGHN tering the tasks placed before him. His provide hundreds of passenger miles per gal- ∑ lon of gas. Buses and trains should do even Mr. BOND. Madam President, I offer enduring commitment to the safety of better. my congratulations and gratitude to Americans is cause for admiration. I 2. Invest in ride sharing and car pooling. an extraordinary citizen-soldier from offer my congratulations and sincere 3. Invest in nice cities. People should be Missouri, LTG Clyde A. Vaughn. Lieu- appreciation to LTG Clyde A. Vaughn able to live comfortably, with no fear of tenant General Vaughn’s 35-year career for his remarkable achievements in the crime, within walking distance to work. with the Army National Guard will Army National Guard. He has contin- 4. Invest in maintaining farm land as farm land instead of using it to create sprawling draw to a close after completing an im- ually provided an invaluable service to suburbs full of oversized houses. pressive 4-year tour as Director of the his country, and we thank him for 5. Put a limit on the tax break for a first Army National Guard. ‘‘showing us’’ what a dedicated soldier home. Eliminate the tax break for a second Lieutenant General Vaughn has can do for Missouri and for his coun- home. For one thing, I am sick and tired of earned the appreciation of our Nation try.∑ hearing how rich celebrities are so ‘‘green’’ and the State of Missouri for his exten- f and have such a small ‘‘carbon footprint’’ sive commitment to the Army Na- when I know most of them own multiple, tional Guard. He began his distin- TRIBUTE TO CHIEF DAVID BALD grossly oversized, tax-subsidized homes. guished career in 1974 when he was pro- EAGLE 6. Invest in nuclear power. The public ∑ should be demanding better performance moted to second lieutenant in the Mis- Mr. JOHNSON. Madam President, I from the nuclear industry just like they do souri Army National Guard, beginning wish to speak today to honor the 90th from the airline industry. We want airlines a 35-year career of dedication, accom- birthday earlier this month of my to operate on schedule, cost effectively, and plishments, and vision. friend, Chief David Bald Eagle of operate safely, even with the security con- In his most recent position as Direc- Takini, on the Cheyenne River Res- cerns raised by 9/11. We should be demanding tor, Lieutenant General Vaughn was ervation in South Dakota. Chief Bald similar performance from the nuclear indus- responsible for the formulation, devel- Eagle was born on April 8, 1919, on the try and stop fretting about perceived prob- opment, and implementation of all pro- west banks of Cherry Creek in west lems. With respect to the ‘‘nuclear waste prob- grams and policies affecting the Army central South Dakota. He is the grand- lem’’, there is no reason to relate perform- National Guard. Previously, he served son of Chief White Bull who fought ance requirements to the half-life of long as Assistant to the Chairman of the Custer’s 7th Cavalry in the Battle of lived radionuclides. There is no reason to Joint Chiefs of Staff for National Greasy Grass Creek, better known as treat plutonium contamination as fun- Guard Matters, at the Office of the the Battle of the Little Big Horn. Hav- damentally different from other toxic metals Chairman of the Joint Chiefs of Staff ing a warrior spirit in his blood, he en- such as lead, which have infinite half-life. In in the Pentagon where he helped guide listed in the U.S. Army and was just reality the biggest nuclear waste problem is probably our 700,000 metric tons of depleted the Nation’s response to the 9/11 at- being discharged at the beginning of uranium hexafluoride currently stored in tacks and transform the Army Na- World War II. He reenlisted, and served corroding carbon steel cylinders. This vola- tional Guard from a strategic reserve as a sergeant with the 82nd Airborne tile ‘‘waste’’ material is a serious environ- to an operational force. Prior to his Division. In 1944, he was among those mental hazard, but should be managed as a work at the Pentagon, some of his as- brave soldiers who jumped from planes major resource. It could be transmuted into signments included serving as Senior on D-day as a U.S. Army paratrooper. plutonium in nuclear reactors and used to Army National Guard Advisor for Re- Chief Bald Eagle was shot four times produce all the energy we need for the next serve Affairs, Commander of Exercise that day, and his story is recounted in 500 years. No mining, drilling, or refining would be needed. This would help eliminate Support Command, and Deputy Chief of ‘‘Blue Stars: A Selection of Stories the fantasy that we need to cover our land- Staff for Reserve Affairs-National from South Dakota’s World War II Vet- scape with windmills that do not even work Guard, at United States Army South, erans’’ compiled by Greg Latza. most of the time. Fort Clayton, Panama. He has also Upon return, Chief Bald Eagle went With respect to nuclear proliferation, the served as Chief of Operations Division, on to travel as a performer and has only way to go is forward. The USA needs to at the Army National Guard Readiness acted in at least 18 movies to date. lead the way in developing cost effective nu- Center in Arlington, VA, Deputy Chief While in Hollywood, Chief Bald Eagle clear energy technology, so that less stable of Staff, of the G3 at the Pentagon, worked alongside some of the most rec- countries have no reason to develop their own technology. Then we will not need to and, Deputy Director, of the Army Na- ognizable actors and actresses of that worry about whether they are producing tional Guard, at the Army National time: Clark Gable, John Wayne, and weapons grade materials. Improved tech- Guard Readiness Center in Arlington, Marilyn Monroe. All the while he man- nology should include reprocessing spent nu- VA. aged to stay connected to his home. clear fuel. We should reprocess it instead of His civilian education includes a For more than 60 years, Chief Bald trying to bury it. Currently, it is self-pro- bachelor of science in education from Eagle has annually participated in the tecting due to high radioactivity, but it will Southeast Missouri State College and a Days of ’76 parade and rodeo in Dead- not be in about 200 years. We should not masters in public administration from wood, SD, providing the many thou- leave this hazard for future generations. The public needs to be educated about en- Shippensburg University in Pennsyl- sands of people who attend the annual ergy. The general public has virtually no un- vania. His military education includes event a level of understanding and edu- derstanding of nuclear power, and they seem graduating from the U.S. Army Com- cation about the Native American cul- to be generally illiterate with regard to en- mand and General Staff College, Fort ture and heritage and the great impact

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4804 CONGRESSIONAL RECORD — SENATE April 28, 2009 of the Lakota/Dakota/Nakota people on struction of a combined buoy tender-ice- ceived in the Office of the President of the the region. He is recognized as an hon- breaker to replace icebreaking capacity on Senate on April 23, 2009; to the Committee on orary member of the Days of ’76 Com- the Great Lakes; to the Committee on Com- Agriculture, Nutrition, and Forestry. mittee because of his contributions to merce, Science, and Transportation. EC–1431. A communication from the Acting Associate Administrator, Agricultural Mar- their events. In 2008, he was honored by The following concurrent resolution was read, and referred as indicated: keting Service, Department of Agriculture, the South Dakota State Legislature transmitting, pursuant to law, the report of with a House Commemoration hon- H. Con. Res. 99. Concurrent resolution sup- a rule entitled ‘‘Tart Cherries Grown in the oring his life, character, and achieve- porting the goals and ideals of a National States of Michigan, et al.; Change to Fiscal ments. Early Educator Worthy Wage Day; to the Period’’ ((Docket No. AMS–FV–08– Madam President, Chief David Bald Committee on Health, Education, Labor, and 0066)(FV08–930–2 FIR)) received in the Office Pensions. Eagle is a dear friend, and I appreciate of the President of the Senate on April 23, being among those special people that f 2009; to the Committee on Agriculture, Nu- trition, and Forestry. he keeps in his prayers. I will never ENROLLED BILL AND JOINT EC–1432. A communication from the Acting forget that he gave me my Lakota RESOLUTION PRESENTED Administrator, Agricultural Marketing name several years ago in a special The Secretary of the Senate reported Service, Department of Agriculture, trans- ceremony, ‘‘Wacante Ognake,’’ which that on today, April 28, 2009, she had mitting, pursuant to law, the report of a rule means holds the people in his heart—a presented to the President of the entitled ‘‘Regulations Under the Perishable Agricultural Commodities Act, 1930; Section name I cherish and will never forget its United States the following enrolled importance.∑ 610 Review’’ ((Docket No. AMS–FV–08– bill and joint resolution: 0013)(FV08–379)) received in the Office of the f S. 39. An act to repeal section 10(f) of Pub- President of the Senate on April 23, 2009; to MESSAGES FROM THE PRESIDENT lic Law 93–551, commonly known as the the Committee on Agriculture, Nutrition, ‘‘Bennett Freeze’’. and Forestry. Messages from the President of the S.J. Res. 8. Joint resolution providing for EC–1433. A communication from the Acting United States were communicated to the appointment of David M. Rubenstein as a Administrator, Agricultural Marketing the Senate by Mr. Williams, one of his citizen regent of the Board of Regents of the Service, Department of Agriculture, trans- secretaries. Smithsonian Institution. mitting, pursuant to law, the report of a rule f entitled ‘‘Tomatoes Grown in Florida; Par- f tial Exemption to the Minimum Grade Re- EXECUTIVE MESSAGES REFERRED EXECUTIVE AND OTHER quirements’’ ((Docket No. AMS–FV–08– COMMUNICATIONS 0090)(FV09–966–1 FIR)) received in the Office As in executive session the Presiding The following communications were of the President of the Senate on April 23, Officer laid before the Senate messages 2009; to the Committee on Agriculture, Nu- from the President of the United laid before the Senate, together with trition, and Forestry. States submitting sundry nominations accompanying papers, reports, and doc- EC–1434. A communication from the Acting which were referred to the appropriate uments, and were referred as indicated: Administrator, Agricultural Marketing committees. EC–1426. A communication from the Direc- Service, Department of Agriculture, trans- (The nominations received today are tor, Regulatory Management Division, Envi- mitting, pursuant to law, the report of a rule printed at the end of the Senate pro- ronmental Protection Agency, transmitting, entitled ‘‘Raisins Produced From Grapes pursuant to law, the report of a rule entitled Grown in California; Final Free and Reserve ceedings.) ‘‘Penoxsulam; Pesticide Tolerances’’ (FRL– Percentages for 2008–09 Crop Natural (Sun- f 8411–9) received in the Office of the President Dried) Seedless Raisins’’ ((Docket No. AMS– of the Senate on April 27, 2009; to the Com- FV–08–0114)(FV09–989–1 IFR)) received in the MESSAGE FROM THE HOUSE mittee on Agriculture, Nutrition, and For- Office of the President of the Senate on April A message from the House of Rep- estry. 23, 2009; to the Committee on Agriculture, resentatives, delivered by Mrs. Cole, EC–1427. A communication from the Con- Nutrition, and Forestry. one of its reading clerks, announced gressional Review Coordinator, Animal and EC–1435. A communication from the Acting that the House has passed the fol- Plant Health Inspection Service, Department Administrator, Agricultural Marketing of Agriculture, transmitting, pursuant to Service, Department of Agriculture, trans- lowing bills, in which it requests the law, the report of a rule entitled ‘‘National mitting, pursuant to law, the report of a rule concurrence of the Senate: Poultry Improvement Plan and Auxiliary entitled ‘‘Milk in the Appalachian and H.R. 1746. An act to amend the Robert T. Provisions; Correcting Amendment’’ (Docket Southeast Marketing Areas; Order To Termi- Stafford Disaster Relief and Emergency As- No. APHIS–2007–0042) received in the Office nate Proceeding on Proposed Amendments to sistance Act to reauthorize the pre-disaster of the President of the Senate on April 23, Marketing Agreements and Orders’’ ((Docket mitigation program of the Federal Emer- 2009; to the Committee on Agriculture, Nu- No. AMS–DA–07–0133)(AO–388–A15)) received gency Management Agency. trition, and Forestry. in the Office of the President of the Senate H.R. 1747. An act to authorize appropria- EC–1428. A communication from the Con- on April 23, 2009; to the Committee on Agri- tions for the design, acquisition, and con- gressional Review Coordinator, Animal and culture, Nutrition, and Forestry. struction of a combined buoy tender-ice- Plant Health Inspection Service, Department EC–1436. A communication from the Acting breaker to replace icebreaking capacity on of Agriculture, transmitting, pursuant to Administrator, Agricultural Marketing the Great Lakes. law, the report of a rule entitled ‘‘Importa- Service, Department of Agriculture, trans- The message also announced that the tion of Table Eggs From Regions Where Ex- mitting, pursuant to law, the report of a rule House has agreed to the following con- otic Newcastle Disease Exists’’ (Docket No. entitled ‘‘Marketing Order Regulating the APHIS–2007–0014) received in the Office of the Handling of Spearmint Oil Produced in the current resolution, in which it requests President of the Senate on April 23, 2009; to Far West; Salable Quantities and Allotment the concurrence of the Senate: the Committee on Agriculture, Nutrition, Percentages for the 2009–2010 Marketing H. Con. Res. 99. Concurrent resolution sup- and Forestry. Year’’ ((Docket No. AMS–FV–08–0104)(FV09– porting the goals and ideals of a National EC–1429. A communication from the Acting 985–1 FR)) received in the Office of the Presi- Early Educator Worthy Wage Day. Associate Administrator, Agricultural Mar- dent of the Senate on April 23, 2009; to the f keting Service, Department of Agriculture, Committee on Agriculture, Nutrition, and transmitting, pursuant to law, the report of Forestry. MEASURES REFERRED a rule entitled ‘‘Irish Potatoes Grown in Col- EC–1437. A communication from the Acting The following bills were read the first orado; Modification of the Handling Regula- Administrator, Agricultural Marketing tion for Area No. 2’’ ((Docket No. AMS–FV– Service, Department of Agriculture, trans- and the second times by unanimous 08–0094)(FV09–948–1 IFR)) received in the Of- mitting, pursuant to law, the report of a rule consent, and referred as indicated: fice of the President of the Senate on April entitled ‘‘Oranges, Grapefruit, Tangerines H.R. 1746. An act to amend the Robert T. 23, 2009; to the Committee on Agriculture, and Tangelos Grown in Florida and Imported Stafford Disaster Relief and Emergency As- Nutrition, and Forestry. Grapefruit; Relaxation of Size Requirements sistance Act to reauthorize the pre-disaster EC–1430. A communication from the Acting for Grapefruit’’ ((Docket No. AMS–FV–09– mitigation program of the Federal Emer- Associate Administrator, Agricultural Mar- 0002)(FV09–905–1 IFR)) received in the Office gency Management Agency; to the Com- keting Service, Department of Agriculture, of the President of the Senate on April 23, mittee on Homeland Security and Govern- transmitting, pursuant to law, the report of 2009; to the Committee on Agriculture, Nu- mental Affairs. a rule entitled ‘‘Kiwifruit Grown in Cali- trition, and Forestry. H.R. 1747. An act to authorize appropria- fornia; Decreased Assessment Rate’’ ((Dock- EC–1438. A communication from the Dep- tions for the design, acquisition, and con- et No. AMS–FV–08–0095)(FV09–920–1 IFR)) re- uty Under Secretary of Defense for Logistics

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4805 and Materiel Readiness, transmitting, pursu- eries of the Exclusive Economic Zone Off EC–1457. A communication from the Direc- ant to law, a report relative to the oper- Alaska; Pacific Cod by Catcher Vessels Less tor, Regulatory Management Division, Envi- ations of the National Defense Stockpile Than 60 ft (18.3 m) Length Overall Using ronmental Protection Agency, transmitting, (NDS); to the Committee on Armed Services. Hook-and-Line or Pot Gear in the Bering Sea pursuant to law, the report of a rule entitled EC–1439. A communication from the Sec- and Aleutian Islands Management Area’’ ‘‘Approval and Promulgation of Air Quality retary of the Treasury, transmitting, pursu- (RIN0648–XN75) received in the Office of the Implementation Plans; Texas; Revisions to ant to law, a six-month periodic report on President of the Senate on April 23, 2009; to Particulate Matter Regulations’’ (FRL–8897– the national emergency declared in Execu- the Committee on Commerce, Science, and 3) received in the Office of the President of tive Order 12978 with respect to significant Transportation. the Senate on April 27, 2009; to the Com- narcotics traffickers centered in Colombia; EC–1449. A communication from the Direc- mittee on Environment and Public Works. to the Committee on Banking, Housing, and tor of the Office of Sustainable Fisheries, EC–1458. A communication from the Direc- Urban Affairs. National Marine Fisheries Service, Depart- tor, Regulatory Management Division, Envi- EC–1440. A communication from the Sec- ment of Commerce, transmitting, pursuant ronmental Protection Agency, transmitting, retary of the Treasury, transmitting, pursu- to law, the report of a rule entitled ‘‘Fish- pursuant to law, the report of a rule entitled ant to law, a six-month periodic report on eries of the Exclusive Economic Zone Off ‘‘Montana: Final Authorization of State Haz- the national emergency with respect to Alaska; Pollock in Statistical Area 620 in the ardous Waste Management Program Revi- Sudan that was declared in Executive Order Gulf of Alaska’’ (RIN0648–XN83) received in sion’’ (FRL–8895–7) received in the Office of 13067 of November 3, 1997; to the Committee the Office of the President of the Senate on the President of the Senate on April 27, 2009; on Banking, Housing, and Urban Affairs. April 23, 2009; to the Committee on Com- to the Committee on Environment and Pub- EC–1441. A communication from the Sec- merce, Science, and Transportation. lic Works. retary of the Treasury, transmitting, pursu- EC–1450. A communication from the Dep- EC–1459. A communication from the Direc- ant to law, a six-month periodic report on uty Assistant Administrator for Regulatory tor, Regulatory Management Division, Envi- the national emergency with respect to Programs, National Marine Fisheries Serv- ronmental Protection Agency, transmitting, Syria that was declared in Executive Order ice, Department of Commerce, transmitting, pursuant to law, the report of a rule entitled 13338 of May 11, 2004; to the Committee on pursuant to law, the report of a rule entitled ‘‘New Source Performance Standards Review Banking, Housing, and Urban Affairs. ‘‘Fisheries of the Northeastern United for Nonmetallic Mineral Processing Plants; EC–1442. A communication from the Sec- States; Northeast Multispecies Fishery; Sec- and Amendment to Subpart UUU Applica- retary of the Treasury, transmitting, pursu- retarial Final Interim Action’’ (RIN0648– bility’’ (FRL–8896–7) received in the Office of ant to law, a six-month periodic report on AX72) received in the Office of the President the President of the Senate on April 27, 2009; the national emergency with respect to the of the Senate on April 23, 2009; to the Com- to the Committee on Environment and Pub- situation in or in relation to the Democratic mittee on Commerce, Science, and Transpor- lic Works. Republic of the Congo that was declared in tation. EC–1460. A communication from the Direc- Executive Order 13413 of October 27, 2006; to EC–1451. A communication from the Dep- tor, Regulatory Management Division, Envi- the Committee on Banking, Housing, and uty Assistant Administrator for Regulatory ronmental Protection Agency, transmitting, Urban Affairs. Programs, National Marine Fisheries Serv- pursuant to law, the report of a rule entitled EC–1443. A communication from the Acting ice, Department of Commerce, transmitting, ‘‘Ocean Dumping; Designation of Ocean Chief Counsel, Bureau of the Public Debt, pursuant to law, the report of a rule entitled Dredged Material Disposal Sites Offshore of Department of the Treasury, transmitting, ‘‘Taking and Importing Marine Mammals; the Umpqua River, Oregon’’ (FRL–8893–1) re- pursuant to law, the report of a rule entitled U.S. Navy Training in the Southern Cali- ceived in the Office of the President of the ‘‘Regulations Governing Securities Held in fornia Range Complex’’ (RIN0648–AW91) re- Senate on April 27, 2009; to the Committee on TreasuryDirect’’ (31 CFR Part 363) received ceived in the Office of the President of the Environment and Public Works. EC–1461. A communication from the Direc- in the Office of the President of the Senate Senate on April 23, 2009; to the Committee on tor, Regulatory Management Division, Envi- on April 23, 2009; to the Committee on Bank- Commerce, Science, and Transportation. EC–1452. A communication from the Acting ronmental Protection Agency, transmitting, ing, Housing, and Urban Affairs. Assistant Administrator, Office of Adminis- pursuant to law, the report of a rule entitled EC–1444. A communication from the Chief tration and Resources Management, Envi- ‘‘Revisions to the California State Imple- Counsel, Federal Emergency Management ronmental Protection Agency, transmitting, mentation Plan, South Coast Air Quality Agency, Department of Homeland Security, pursuant to law, a report relative to the Buy Management District’’ (FRL–8783–5) received transmitting, pursuant to law, the report of American Act; to the Committee on Environ- in the Office of the President of the Senate a rule entitled ‘‘Suspension of Community ment and Public Works. on April 27, 2009; to the Committee on Envi- Eligibility’’ ((44 CFR Part 64)(74 FR 17094)) EC–1453. A communication from the Direc- ronment and Public Works. received in the Office of the President of the tor, Regulatory Management Division, Envi- EC–1462. A communication from the Direc- Senate on April 27, 2009; to the Committee on ronmental Protection Agency, transmitting tor, Regulatory Management Division, Envi- Banking, Housing, and Urban Affairs. a courtesy copy of the report of a rule enti- ronmental Protection Agency, transmitting, EC–1445. A communication from the Chief tled ‘‘Lead; Minor Amendments to the Ren- pursuant to law, the report of a rule entitled Counsel, Federal Emergency Management ovation, Repair, and Painting Program’’ ‘‘Toxic Release Inventory Form A Eligibility Agency, Department of Homeland Security, (RIN2070–AJ48) received in the Office of the Revisions Implementing the 2009 Omnibus transmitting, pursuant to law, the report of President of the Senate on April 27, 2009; to Appropriations Act’’ (FRL–8897–4) received in a rule entitled ‘‘Changes in Flood Elevation the Committee on Environment and Public the Office of the President of the Senate on Determinations’’ ((44 CFR Part 65)(74 FR Works. April 27, 2009; to the Committee on Environ- 16783)) received in the Office of the President EC–1454. A communication from the Direc- ment and Public Works. of the Senate on April 27, 2009; to the Com- tor, Regulatory Management Division, Envi- EC–1463. A communication from the Chief mittee on Banking, Housing, and Urban Af- ronmental Protection Agency, transmitting, of the Publications and Regulations Branch, fairs. pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the EC–1446. A communication from the Chief ‘‘Approval and Promulgation of Air Quality Treasury, transmitting, pursuant to law, the Counsel, Federal Emergency Management Implementation Plans; Minnesota’’ (FRL– report of a rule entitled ‘‘Section 3401(h)— Agency, Department of Homeland Security, 8896–3) received in the Office of the President Differential Wage Payments to Active Duty transmitting, pursuant to law, the report of of the Senate on April 27, 2009; to the Com- Members of the Uniformed Services’’ (Rev. a rule entitled ‘‘Final Flood Elevation Deter- mittee on Environment and Public Works. Rul. 2009–11) received in the Office of the minations’’ ((44 CFR Part 67)(74 FR 16785)) EC–1455. A communication from the Direc- President of the Senate on April 23, 2009; to received in the Office of the President of the tor, Regulatory Management Division, Envi- the Committee on Finance. Senate on April 27, 2009; to the Committee on ronmental Protection Agency, transmitting, EC–1464. A communication from the Chief Banking, Housing, and Urban Affairs. pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, EC–1447. A communication from the Senior ‘‘Approval and Promulgation of Air Quality Internal Revenue Service, Department of the Counsel for Regulatory Affairs, Office of Do- Implementation Plans; Minnesota’’ (FRL– Treasury, transmitting, pursuant to law, the mestic Finance, Department of the Treasury, 8896–5) received in the Office of the President report of a rule entitled ‘‘Applicable Federal transmitting, pursuant to law, the report of of the Senate on April 27, 2009; to the Com- Rates—May 2009’’ (Rev. Rul. 2009–12) received a rule entitled ‘‘Terrorism Risk Insurance mittee on Environment and Public Works. in the Office of the President of the Senate Program; Terrorism Risk Insurance Program EC–1456. A communication from the Direc- on April 23, 2009; to the Committee on Fi- Reauthorization Act Implementation’’ tor, Regulatory Management Division, Envi- nance. (RIN1505–AB93) received in the Office of the ronmental Protection Agency, transmitting, EC–1465. A communication from the Chief President of the Senate on April 27, 2009; to pursuant to law, the report of a rule entitled of the Publications and Regulations Branch, the Committee on Banking, Housing, and ‘‘Approval and Promulgation of Air Quality Internal Revenue Service, Department of the Urban Affairs. Implementation Plans; Wisconsin; Finding of Treasury, transmitting, pursuant to law, the EC–1448. A communication from the Direc- Attainment for 1-Hour Ozone for the Mil- report of a rule entitled ‘‘Credit for Residen- tor of the Office of Sustainable Fisheries, waukee-Racine, WI Area’’ (FRL–8895–8) re- tial Energy Efficient Property’’ (Notice 2009– National Marine Fisheries Service, Depart- ceived in the Office of the President of the 41) received in the Office of the President of ment of Commerce, transmitting, pursuant Senate on April 27, 2009; to the Committee on the Senate on April 23, 2009; to the Com- to law, the report of a rule entitled ‘‘Fish- Environment and Public Works. mittee on Finance.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4806 CONGRESSIONAL RECORD — SENATE April 28, 2009 EC–1466. A communication from the Assist- the Office of the President of the Senate on purposes; to the Committee on Health, Edu- ant Secretary, Bureau of Legislative Affairs, April 27, 2009; to the Committee on Home- cation, Labor, and Pensions. Department of State, transmitting, pursuant land Security and Governmental Affairs. By Mr. SCHUMER (for himself and to the Arms Export Control Act, the certifi- EC–1474. A communication from the Direc- Mrs. GILLIBRAND): cation of a proposed amendment to expand tor, Administrative Office of the United S. 905. A bill to provide for the granting of the sales territory associated with a manu- States Courts, transmitting, pursuant to posthumous citizenship to certain aliens facturing license agreement for the produc- law, a report entitled ‘‘2008 Wiretap Report’’; lawfully admitted for permanent residence tion of significant military equipment (SME) to the Committee on the Judiciary. who died as a result of the shootings at the in Turkey; to the Committee on Foreign Re- EC–1475. A communication from the Direc- American Civic Association Community Cen- lations. tor, Office of National Drug Control Policy, ter in Binghamton, New York on April 3, EC–1467. A communication from the Acting Executive Office of the President, transmit- 2009, and for other purposes; to the Com- Executive Secretary, U.S. Agency for Inter- ting, pursuant to law, two reports entitled mittee on the Judiciary. national Development, transmitting, pursu- ‘‘Fiscal Year 2008 Performance Summary Re- By Mr. KOHL (for himself and Mrs. ant to law, the report of designation of act- port’’ and ‘‘Fiscal Year 2008 Accounting of MCCASKILL): ing officer and change in previously sub- Drug Control Funds’’; to the Committee on S. 906. A bill to protect older Americans mitted reported information in the position the Judiciary. from misleading and fraudulent marketing of Assistant Administrator of the Bureau for EC–1476. A communication from the Direc- practices, with the goal of increasing retire- Legislative and Public Affairs, received in tor, Office of National Drug Control Policy, ment security; to the Committee on the Ju- the Office of the President of the Senate on Executive Office of the President, transmit- diciary. April 27, 2009; to the Committee on Foreign ting, pursuant to law, a report relative to ac- By Mr. CARPER (for himself, Ms. Relations. tions undertaken to address recommenda- SNOWE, Mr. BAYH, Mr. GREGG, Mrs. EC–1468. A communication from the Direc- tions received in the fiscal year 2008 study MCCASKILL, Mr. RISCH, Mr. UDALL of tor of the Regulations Policy and Manage- completed by an independent Panel of the Colorado, Mr. BROWNBACK, Mr. WAR- ment Staff, Food and Drug Administration, National Academy of Public Administration; NER, Mr. ISAKSON, Mr. NELSON of Ne- Department of Health and Human Services, to the Committee on the Judiciary. braska, Mr. CRAPO, Mr. LIEBERMAN, transmitting, pursuant to law, the report of Mr. BEGICH, Mr. VOINOVICH, Mr. ENZI, f a rule entitled ‘‘New Drug Applications and Mr. CARDIN, Mr. THUNE, Mr. BENNET, Abbreviated New Drug Applications; Tech- EXECUTIVE REPORTS OF Mr. JOHANNS, and Mr. GRASSLEY): nical Amendment’’ (Docket No. FDA–2009–N– COMMITTEES S. 907. A bill to establish procedures for the 0099) received in the Office of the President expedited consideration by Congress of cer- of the Senate on April 27, 2009; to the Com- The following executive reports of tain proposals by the President to rescind mittee on Health, Education, Labor, and nominations were submitted: amounts of budget authority; to the Com- Pensions. By Mr. DODD for the Committee on Bank- mittee on the Budget. EC–1469. A communication from the Direc- ing, Housing, and Urban Affairs. By Mr. BAYH (for himself, Mr. KYL, tor of the Regulations Policy and Manage- *Ronald C. Sims, of Washington, to be Dep- Mr. LIEBERMAN, Ms. MIKULSKI, Mr. ment Staff, Food and Drug Administration, uty Secretary of Department of Housing and WYDEN, Mr. VITTER, Mr. BURR, Mr. Department of Health and Human Services, Urban Development. FEINGOLD, Mr. THUNE, Ms. STABENOW, transmitting, pursuant to law, the report of *Peter A. Kovar, of Maryland, to be an As- Mr. MENENDEZ, Ms. COLLINS, Mr. a rule entitled ‘‘Astringent Drug Products sistant Secretary of Housing and Urban De- BROWNBACK, Mr. JOHANNS, Mrs. That Produce Aluminum Acetate; Skin Pro- velopment. BOXER, Mr. CARDIN, Mr. RISCH, Mrs. tectant Drug Products for Over-the-Counter *John D. Trasvina, of California, to be an MURRAY, Mr. GRAHAM, Ms. LANDRIEU, Human Use; Technical Amendment’’ Assistant Secretary of Housing and Urban Mr. SCHUMER, Mr. BOND, Mr. INHOFE, (RIN0910–AF42) received in the Office of the Development. Ms. KLOBUCHAR, and Mr. COBURN): President of the Senate on April 27, 2009; to *Helen R. Kanovsky, of Maryland, to be S. 908. A bill to amend the Iran Sanctions the Committee on Health, Education, Labor, General Counsel of the Department of Hous- Act of 1996 to enhance United States diplo- and Pensions. ing and Urban Development. matic efforts with respect to Iran by expand- EC–1470. A communication from the Direc- *David S. Cohen, of Maryland, to be Assist- ing economic sanctions against Iran; to the tor of the Regulations Policy and Manage- ant Secretary for Terrorist Financing, De- Committee on Banking, Housing, and Urban ment Staff, Food and Drug Administration, partment of the Treasury. Affairs. Department of Health and Human Services, *Fred P. Hochberg, of New York, to be By Mr. REID (for Mr. KENNEDY (for transmitting, pursuant to law, the report of President of the Export-Import Bank of the himself, Mr. LEAHY, Ms. SNOWE, Ms. a rule entitled ‘‘Food Additives Permitted United States for a term expiring January COLLINS, Mr. SPECTER, Mr. SCHUMER, for Direct Addition to Food for Human Con- 20, 2013. Mr. DURBIN, Mrs. FEINSTEIN, Mr. sumption; Vitamin D2’’ (Docket No. FDA– LEVIN, Ms. MIKULSKI, Mr. 2007–F–0274) received in the Office of the *Nomination was reported with rec- WHITEHOUSE, Mr. CARDIN, Ms. President of the Senate on April 27, 2009; to ommendation that it be confirmed sub- KLOBUCHAR, Mr. LIEBERMAN, Mrs. the Committee on Health, Education, Labor, ject to the nominee’s commitment to GILLIBRAND, Mr. MERKLEY, Mr. REED, and Pensions. respond to requests to appear and tes- Mr. NELSON of Florida, Mr. KERRY, EC–1471. A communication from the Direc- tify before any duly constituted com- Mr. BINGAMAN, Mr. DODD, Mr. BAYH, tor of the Regulations Policy and Manage- mittee of the Senate. Mr. UDALL of Colorado, Mrs. ment Staff, Food and Drug Administration, SHAHEEN, Mr. HARKIN, Mr. BROWN, f Department of Health and Human Services, Mrs. MURRAY, Mr. CASEY, Mr. JOHN- transmitting, pursuant to law, the report of INTRODUCTION OF BILLS AND SON, Mr. LAUTENBERG, Mr. NELSON of a rule entitled ‘‘Food Additives Permitted JOINT RESOLUTIONS Nebraska, Ms. LANDRIEU, Ms. CANT- for Direct Addition to Food for Human Con- WELL, and Mr. AKAKA)): sumption; Silver Nitrate and Hydrogen Per- The following bills and joint resolu- S. 909. A bill to provide Federal assistance oxide’’ (Docket No. FDA–2005–F–0505) re- tions were introduced, read the first to States, local jurisdictions, and Indian ceived in the Office of the President of the and second times by unanimous con- tribes to prosecute hate crimes, and for Senate on April 27, 2009; to the Committee on sent, and referred as indicated: other purposes; to the Committee on the Ju- Health, Education, Labor, and Pensions. diciary. EC–1472. A communication from the Direc- By Mrs. HUTCHISON (for herself, Mr. By Mr. WARNER (for himself, Mr. tor of the Regulations Policy and Manage- MARTINEZ, Mr. CORNYN, and Mr. KYL): MARTINEZ, and Mr. BROWN): ment Staff, Food and Drug Administration, S. 903. A bill to permit a State to elect to S. 910. A bill to amend the Emergency Eco- Department of Health and Human Services, receive the State’s contributions to the nomic Stabilization Act of 2008, to provide transmitting, pursuant to law, the report of Highway Trust Fund in lieu of its Federal- for additional monitoring and accountability a rule entitled ‘‘Revision of Organization and aid Highway program apportionment for the of the Troubled Asset Relief Program; to the Conforming Changes to Regulations’’ (Dock- next fiscal year, and for other purposes; to Committee on Banking, Housing, and Urban et No. FDA–2009–N–0144) received in the Of- the Committee on Environment and Public Affairs. fice of the President of the Senate on April Works. By Mr. MERKLEY: 27, 2009; to the Committee on Health, Edu- By Mr. HARKIN (for himself, Mr. KEN- S. 911. A bill to amend the Truth in Lend- cation, Labor, and Pensions. NEDY, Mr. KERRY, Mr. FEINGOLD, Mr. ing Act to prohibit prepayment penalties, EC–1473. A communication from the Dep- SANDERS, Mrs. BOXER, Mrs. MURRAY, and for other purposes; to the Committee on uty General Counsel and Designated Report- Mr. MERKLEY, Mr. LEAHY, Mr. SCHU- Banking, Housing, and Urban Affairs. ing Official, Office of National Drug Control MER, Mr. DURBIN, and Mr. AKAKA): By Mr. MERKLEY: Policy, Executive Office of the President, S. 904. A bill to amend the Fair Labor S. 912. A bill to prohibit yield spread pre- transmitting, pursuant to law, the report of Standards Act of 1938 to prohibit discrimina- miums, and for other purposes; to the Com- a nomination in the position of Director of tion in the payment of wages on account of mittee on Banking, Housing, and Urban Af- National Drug Control Policy, received in sex, race, or national origin, and for other fairs.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4807 By Mr. CORNYN (for himself and Mr. SUBMISSION OF CONCURRENT AND emissions from agricultural produc- HARKIN): SENATE RESOLUTIONS tion. S. 913. A bill to amend the Internal Rev- S. 535 enue Code of 1986 to expand workplace health The following concurrent resolutions and Senate resolutions were read, and At the request of Mr. SESSIONS, the incentives by equalizing the tax con- names of the Senator from Idaho (Mr. sequences of employee athletic facility use; referred (or acted upon), as indicated: RISCH) and the Senator from Georgia to the Committee on Finance. By Mr. LIEBERMAN: By Mr. SPECTER: S. Res. 115. A resolution recognizing the (Mr. ISAKSON) were added as cosponsors crucial role of assistance dogs in helping of S. 535, a bill to amend title 10, S. 914. A bill to establish an independent United States Code, to repeal require- Cures Acceleration Network agency, to spon- wounded veterans live more independent sor promising translational research to lives, expressing gratitude to The Tower of ment for reduction of survivor annu- bridge the gap between laboratory discov- Hope, and supporting the goals and ideals of ities under the Survivor Benefit Plan creating a Tower of Hope Day; to the Com- eries and life-saving therapies, to reauthor- by veterans’ dependency and indemnity mittee on Veterans’ Affairs. ize the National Institutes of Health, and for compensation, and for other purposes. By Mr. BROWNBACK (for himself and other purposes; to the Committee on Health, At the request of Mr. NELSON of Flor- Mr. ROBERTS): Education, Labor, and Pensions. S. Res. 116. A resolution commending the ida, the names of the Senator from Vir- By Mr. LAUTENBERG (for himself, Head Coach of the University of Kansas ginia (Mr. WARNER), the Senator from Mr. MENENDEZ, Mrs. GILLIBRAND, and men’s basketball team, Bill Self, for winning Maine (Ms. COLLINS) and the Senator Mr. SCHUMER): the Henry P. Iba Coach of the Year Award from Alaska (Ms. MURKOWSKI) were S. 915. A bill to improve port and inter- presented by the United States Basketball added as cosponsors of S. 535, supra. modal supply chain security; to the Com- Writers Association and for being named the S. 541 mittee on Commerce, Science, and Transpor- Sporting News National Coach of the Year tation. and the Big 12 Coach of the Year; to the At the request of Mr. DODD, the name By Mr. SCHUMER (for himself and Committee on the Judiciary. of the Senator from Arkansas (Mrs. Mrs. GILLIBRAND): By Mr. BYRD: LINCOLN) was added as a cosponsor of S. S. 916. A bill to amend the Energy Employ- S. Con. Res. 20. A concurrent resolution au- 541, a bill to increase the borrowing au- ees Occupational Illness Compensation Pro- thorizing the last surviving veteran of the thority of the Federal Deposit Insur- gram Act of 2000 to include certain former First World War to lie in honor in the ro- ance Corporation, and for other pur- nuclear weapons program workers in the tunda of the Capitol upon his death; to the poses. Committee on Rules and Administration. Special Exposure Cohort under the Energy S. 559 Employees Occupational Illness Compensa- f At the request of Mr. WYDEN, the tion Program, and for other purposes; to the ADDITIONAL COSPONSORS Committee on Health, Education, Labor, and name of the Senator from Washington Pensions. S. 182 (Mrs. MURRAY) was added as a cospon- By Mr. GREGG: At the request of Mr. BURRIS, his sor of S. 559, a bill to provide benefits S. 917. A bill to provide assistance to Paki- name was added as a cosponsor of S. under the Post-Deployment/Mobiliza- stan under certain conditions, and for other 182, a bill to amend the Fair Labor tion Respite Absence program for cer- purposes; to the Committee on Foreign Rela- Standards Act of 1938 to provide more tain periods before the implementation tions. effective remedies to victims of dis- of the program. By Mr. SCHUMER: crimination in the payment of wages S. 561 S. 918. A bill to amend the Magnuson-Ste- on the basis of sex, and for other pur- At the request of Mr. BINGAMAN, the vens Fishery Conservation and Management poses. name of the Senator from Oregon (Mr. Act to add New York to the New England S. 423 MERKLEY) was added as a cosponsor of Fishery Management Council, and for other At the request of Mr. AKAKA, the S. 561, a bill to authorize a supple- purposes; to the Committee on Commerce, mental funding source for catastrophic Science, and Transportation. names of the Senator from Connecticut By Mr. AKAKA: (Mr. LIEBERMAN) and the Senator from emergency wildland fire suppression Ohio (Mr. BROWN) were added as co- activities on Department of the Inte- S. 919. A bill to amend section 1154 of title rior and National Forest System lands, 38, United States Code, to clarify the addi- sponsors of S. 423, a bill to amend title tional requirements for consideration to be 38, United States Code, to authorize ad- to require the Secretary of the Interior afforded time, place, and circumstances of vance appropriations for certain med- and the Secretary of Agriculture to de- service in determinations regarding service- ical care accounts of the Department of velop a cohesive wildland fire manage- connected disabilities; to the Committee on Veterans Affairs by providing two-fis- ment strategy, and for other purposes. Veterans’ Affairs. cal year budget authority, and for S. 599 By Mr. CARPER (for himself, Ms. COL- other purposes. At the request of Mr. CARPER, the LINS, Mr. LIEBERMAN, and Mr. S. 475 names of the Senator from Massachu- VOINOVICH): At the request of Mr. BURR, the name setts (Mr. KENNEDY) and the Senator S. 920. A bill to amend section 11317 of title of the Senator from Alaska (Ms. MUR- from Alaska (Mr. BEGICH) were added 40, United States Code, to improve the trans- as cosponsors of S. 599, a bill to amend parency of the status of information tech- KOWSKI) was added as a cosponsor of S. nology investments, to require greater ac- 475, a bill to amend the chapter 81 of title 5, United States countability for cost overruns on Federal in- Servicemembers Civil Relief Act to Code, to create a presumption that a formation technology investment projects, guarantee the equity of spouses of mili- disability or death of a Federal em- to improve the processes agencies implement tary personnel with regard to matters ployee in fire protection activities to manage information technology invest- of residency, and for other purposes. caused by any certain diseases is the ments, to reward excellence in information S. 518 result of the performance of such em- technology acquisition, and for other pur- At the request of Mr. CARDIN, the ployee’s duty. poses; to the Committee on Homeland Secu- S. 614 rity and Governmental Affairs. names of the Senator from Montana By Mr. CARPER: (Mr. BAUCUS) and the Senator from At the request of Mrs. HUTCHISON, the New York (Mrs. GILLIBRAND) were name of the Senator from Nevada (Mr. S. 921. A bill to amend chapter 35 of title 44, United States Code, to recognize the added as cosponsors of S. 518, a bill to REID) was added as a cosponsor of S. interconnected nature of the Internet and establish the Star-Spangled Banner 614, a bill to award a Congressional agency networks, improve situational aware- and War of 1812 Bicentennial Commis- Gold Medal to the Women Airforce ness of Government cyberspace, enhance in- sion, and for other purposes. Service Pilots (‘‘WASP’’). formation security of the Federal Govern- S. 527 S. 645 ment, unify policies, procedures, and guide- At the request of Mr. THUNE, the At the request of Mrs. LINCOLN, the lines for securing information systems and name of the Senator from Oklahoma names of the Senator from Oregon (Mr. national security systems, establish security standards for Government purchased prod- (Mr. COBURN) was added as a cosponsor WYDEN) and the Senator from Indiana ucts and services, and for other purposes; to of S. 527, a bill to amend the Clean Air (Mr. BAYH) were added as cosponsors of the Committee on Homeland Security and act to prohibit the issuance of permits S. 645, a bill to amend title 32, United Governmental Affairs. under title V of that Act for certain States Code, to modify the Department

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4808 CONGRESSIONAL RECORD — SENATE April 28, 2009 of Defense share of expenses under the sponsors of S. 781, a bill to amend the SNOWE, Ms. COLLINS, Mr. SPEC- National Guard Youth Challenge Pro- Internal Revenue Code of 1986 to pro- TER, Mr. SCHUMER, Mr. DURBIN, gram. vide for collegiate housing and infra- Mrs. FEINSTEIN, Mr. LEVIN, Ms. S. 658 structure grants. MIKULSKI, Mr. WHITEHOUSE, Mr. At the request of Mr. TESTER, the S. 795 CARDIN, Ms. KLOBUCHAR, Mr. names of the Senator from Arkansas At the request of Mrs. LINCOLN, the LIEBERMAN, Mrs. GILLIBRAND, (Mrs. LINCOLN) and the Senator from Il- name of the Senator from Ohio (Mr. Mr. MERKLEY, Mr. REED, Mr. linois (Mr. BURRIS) were added as co- BROWN) was added as a cosponsor of S. NELSON, of Florida, Mr. KERRY, sponsors of S. 658, a bill to amend title 795, a bill to amend the Social Security Mr. BINGAMAN, Mr. DODD, Mr. 38, United States Code, to improve Act to enhance the social security of BAYH, Mr. UDALL of Colorado, health care for veterans who live in the Nation by ensuring adequate pub- Mrs. SHAHEEN, Mr. HARKIN, Mr. rural areas, and for other purposes. lic-private infrastructure and to re- BROWN, Mrs. MURRAY, Mr. solve to prevent, detect, treat, inter- ASEY OHNSON AU S. 663 C , Mr. J , Mr. L - vene in, and prosecute elder abuse, ne- TENBERG, Mr. NELSON of Ne- At the request of Mr. NELSON of Ne- glect, and exploitation, and for other braska, the names of the Senator from braska, Ms. LANDRIEU, Ms. purposes. CANTWELL, and Mr. AKAKA)): New Jersey (Mr. LAUTENBERG) and the S. 828 S. 909. A bill to provide Federal as- Senator from Connecticut (Mr. At the request of Mr. HARKIN, the sistance to States, local jurisdictions, LIEBERMAN) were added as cosponsors name of the Senator from Iowa (Mr. and Indian tribes to prosecute hate of S. 663, a bill to amend title 38, GRASSLEY) was added as a cosponsor of crimes, and for other purposes; to the United States Code, to direct the Sec- S. 828, a bill to amend the Energy Pol- Committee on the Judiciary. retary of Veterans Affairs to establish icy Act of 2005 to provide loan guaran- Mr. KENNEDY. Mr. President, hate the Merchant Mariner Equity Com- tees for projects to construct renew- crimes harm innocent victims, ter- pensation Fund to provide benefits to able fuel pipelines, and for other pur- rorize entire communities, and threat- certain individuals who served in the poses. en the very fabric of our nation. They United States merchant marine (in- S. 831 send a poisonous message that some cluding the Army Transport Service At the request of Mr. KERRY, the Americans deserve to be victimized and the Naval Transport Service) dur- name of the Senator from Iowa (Mr. solely because of who they are or who ing World War II. HARKIN) was added as a cosponsor of S. they are perceived to be. Hate crimes S. 700 831, a bill to amend title 10, United offend the fundamental ideals on which At the request of Mr. BINGAMAN, the States Code, to include service after Nation was founded. They can not be name of the Senator from Rhode Island September 11, 2001, as service quali- tolerated in any free society, and it is (Mr. WHITEHOUSE) was added as a co- fying for the determination of a re- long past time to enact legislation to sponsor of S. 700, a bill to amend title duced eligibility age for receipt of non- correct the deficiencies in the current II of the Social Security Act to phase regular service retired pay. federal hate crimes statute. For far too long, law enforcement has out the 24-month waiting period for S. 832 been forced to investigate hate crimes disabled individuals to become eligible At the request of Mr. NELSON of Flor- with one hand tied behind its back. for Medicare benefits, to eliminate the ida, the name of the Senator from waiting period for individuals with life- Now is the time to change this. This Oklahoma (Mr. INHOFE) was added as a bill strengthens the Federal Govern- threatening conditions, and for other cosponsor of S. 832, a bill to amend purposes. ment’s ability to investigate and pros- title 36, United States Code, to grant a ecute hate crimes. It removes the ex- S. 714 Federal charter to the Military Offi- cessive restrictions currently existing At the request of Mr. WEBB, the name cers Association of America, and for in federal law. It offers Federal assist- of the Senator from Iowa (Mr. HARKIN) other purposes. ance for investigating and prosecuting was added as a cosponsor of S. 714, a S. 835 hate crimes to State and local law en- bill to establish the National Criminal At the request of Mr. BROWNBACK, the forcement. It provides training grants Justice Commission. name of the Senator from Iowa (Mr. for local law enforcement to combat S. 731 GRASSLEY) was added as a cosponsor of hate crimes committed by juveniles. At the request of Mr. NELSON of Ne- S. 835, a bill to require automobile The first Federal hate crimes statute braska, the names of the Senator from manufacturers to ensure that not less was passed over 40 years ago in 1968, Illinois (Mr. BURRIS), the Senator from than 80 percent of the automobiles soon after the assassination of Dr. Mar- Missouri (Mrs. MCCASKILL), the Sen- manufactured or sold in the United tin Luther King, Jr. It authorized the ator from Idaho (Mr. RISCH) and the States by each such manufacturer to Federal Government to investigate and Senator from Oregon (Mr. WYDEN) were operate on fuel mixtures containing 85 prosecute crimes committed against added as cosponsors of S. 731, a bill to percent ethanol, 85 percent methanol, individuals because of their race, color, amend title 10, United States Code, to or biodiesel. religion, or national origin. The origi- provide for continuity of TRICARE S. 886 nal statute was a major advance in the Standard coverage for certain members At the request of Mr. NELSON of Flor- march of progress, but it is now a gen- of the Retired Reserve. ida, the name of the Senator from Flor- eration out of date. ida (Mr. MARTINEZ) was added as a co- The time has come to stand up for all S. 738 sponsor of S. 886, a bill to establish a victims of hate crimes—victims like At the request of Ms. LANDRIEU, the program to provide guarantees for debt Matthew Shepard, for whom this bill is name of the Senator from Georgia (Mr. issued by State catastrophe insurance named. Matthew died a horrible death CHAMBLISS) was added as a cosponsor of programs to assist in the financial re- in 1998 at the hands of two men who S. 738, a bill to amend the Consumer covery from natural catastrophes. singled him out because of his sexual Credit Protection Act to assure mean- S. CON. RES. 14 orientation. Since Matthew’s murder, ingful disclosures of the terms of rent- At the request of Mrs. LINCOLN, the his mother has worked courageously to al-purchase agreements, including dis- name of the Senator from North Caro- make sure that we never forget the suf- closures of all costs to consumers lina (Mr. BURR) was added as a cospon- fering that her son endured, and to re- under such agreements, to provide cer- sor of S. Con. Res. 14, a concurrent res- mind Congress that it has a responsi- tain substantive rights to consumers olution supporting the Local Radio bility to protect individuals like her under such agreements, and for other Freedom Act. son. Yet today, more than 10 years purposes. f after Matthew’s death—10 years—we S. 781 still have not modernized our hate STATEMENTS ON INTRODUCED At the request of Mr. ROBERTS, the crimes laws. How long are we going to names of the Senator from Wyoming BILLS AND JOINT RESOLUTIONS wait? (Mr. ENZI) and the Senator from Ten- By Mr. REID (for Mr. KENNEDY The bill we are introducing today ex- nessee (Mr. CORKER) were added as co- (for himself, Mr. LEAHY, Ms. pands the current hate crimes statute

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4809 and gives Federal, State, local, and teenagers knew one another from in- will help ensure that state and local tribal authorities greater ability to in- volvement in community activities and authorities have the resources nec- vestigate and prosecute hate crimes ef- have come together to celebrate a essary to successfully combat and pros- fectively. The bill closes flagrant loop- birthday. As the group entered the res- ecute hate crimes. holes in the current statute that pre- taurant, three men who were leaving Collecting data on hate crimes is im- vent or undermine the prosecution of the bar assaulted the teenagers, pum- portant for analyzing crime trends and the individuals who commit these vi- meling one boy and severing a tendon tailoring effective criminal policy. Our cious crimes. in his hand with a sharp weapon. Dur- bill increases the Federal Govern- This bill broadens the original Fed- ing the attack, the men yelled racial ment’s ability to monitor hate crimes eral hate crimes statute by prohibiting slurs and one identified himself as a by requiring the FBI to increase the crimes based on a victim’s actual or skinhead. Two of the men were tried statistics it collects about such crimes. perceived sexual orientation, gender, under the current Federal hate crimes Currently, the FBI collects hate crimes gender identity, or disability. law and were acquitted. The jurors said data on race, religion, sexual orienta- According to FBI statistics, hate they acquitted the offenders because tion, ethnic background, and dis- crimes based on sexual orientation the Government failed to prove that ability. Our bill requires the FBI to make up approximately 17 percent of using a restaurant was a federally pro- collect new statistics on hate crimes all hate crimes. Considering that gays tected activity. The result in this case based on an individual’s gender or gen- and lesbians make up approximately 3 is just one example of the inadequate der-identity, and hate crimes com- percent of the population, the FBI sta- protections provided under current mitted by juveniles. By increasing the tistics suggest that gays and lesbians law. The bill we introduce today will amount of data collected by the FBI, are victimized at a rate approximately eliminate the federally protected activ- we will be able to better understand 6 times higher than that of the average ity requirement and give jurors greater the gravity of the hate crimes com- American. Research suggests that ability to convict all perpetrators of mitted in our communities. hate-motivated violence against gay, hate crimes. Hate crimes are a festering problem, lesbian, bisexual, and transgender citi- The bill modernizes the Federal Gov- causing terror in neighborhoods across zens is particularly extreme. As these ernment’s ability to prosecute hate America. According to the most recent statistics and the research make clear, crimes, but it fully respects the pri- statistics released by the FBI, there hate crimes are a very real danger to mary role of state, local, and tribal law were at least 9,527 victims of hate-mo- gay, lesbian, bisexual, and transgender enforcement authorities in responding tivated crimes in 2007. Based on that citizens. We must act—without further to hate crimes in their jurisdictions. number, an average of 26 victims per delay—to correct these unacceptable The bill protects these local interests day were terrorized as a consequence of deficiencies in current law and protect with a strict certification process, their race, religion, sexual orientation, all citizens from these brutal crimes. which requires the Federal Govern- ethnic background, or disability. The Our bill also increases the Federal ment to consult with state and local FBI’s statistics reveal that race-re- Government’s ability to prosecute hate officials before prosecuting a Federal lated hate crimes are the most com- crimes. It removes the prerequisite case. In accord with certification, it is mon type of hate crimes, comprising that a victim be engaged in a ‘‘feder- our belief that the vast majority of approximately 50 percent of all hate ally protected activity’’ before the hate crimes will continue to be pros- crimes reported to the FBI. That said, Federal Government can prosecute an ecuted at the State and local level. crimes based on religion, sexual ori- offender under the statute. This re- In addition, our bill authorizes the entation, and ethnic background occur strictive provision is outdated, unwise, Justice Department to increase the with alarming frequency as well. and unnecessary, particularly when number of Department personnel to These hate crimes statistics are dis- one considers the unjust outcomes that prevent and respond to hate crimes. turbing, but they represent only the can result from limiting prosecution to This increase will enable Federal au- tip of the iceberg of hate crimes occur- offenders to target victims partici- thorities to develop the manpower nec- ring in America. The Southern Poverty pating in one or more of the following essary to act effectively to prevent and Law Center, the Human Rights Cam- 6 narrow categories of federally pro- respond to hate crimes. paign, and the US Bureau of Justice tected activity: attending or enrolling The bill also authorizes the Justice Statistics agree that the FBI’s hate in a public school or public college; Department to provide needed inves- crimes numbers do not reflect the ac- participating in a benefit, service, tigative resources to state and local tual number of hate crimes occurring privilege, program, facility or activity law enforcement during these chal- in our communities each year. The administered by a state or local gov- lenging economic times. This expan- Southern Poverty Law Center esti- ernment; applying for or working in sion of federal assistance is meant to mates that the annual number of hate private or state employment; serving supplement, not supplant, the efforts of crimes committed in the U.S. is close as a juror in a state court; using a fa- state and local law enforcement au- to 50,000. In addition, the Human cility of interstate commerce or a com- thorities, so that hate crimes can be ef- Rights Campaign states that a hate mon carrier; or enjoying public accom- fectively investigated and prosecuted crime occurs every 6 hours. Survey modations or places of exhibition or in the future. data from the Bureau of Justice Statis- entertainment. We know that individ- Hate crimes investigations tend to be tics’ biannual National Crime Victim- uals may be victimized while engaging expensive, requiring considerable law ization Survey estimates that an aver- in activities that are not included in enforcement effort, and extensive use age of 191,000 hate crime victimizations this list of activities—they could be of grand juries. The bill expands the take place each year. Based on this victims while engaging in routine ac- Justice Department’s opportunity to survey, over 540 people are victimized tivities, going about their normal day. provide support for these expenses. It each day, based on their race, religion, Americans should be protected from authorizes the Attorney General to sexual orientation, ethnic background, hate crimes in everything they do. offer grants of up to $100,000 to help or disability—more than 22 victims per There should be no distinction between state, local, and tribal law enforcement hour. These statistics are not just hate crimes occurring while a victim is officials manage the high costs of in- shocking—they are shameful. It is time engaged in a routine activity or one of vestigating and prosecuting hate for Congress to specifically address the the six specified federally protected ac- crimes. It also authorizes the Justice serious problem of hate crimes in tivities described above. Department to award grants to State, America. This bill corrects a gap in the current local, and tribal authorities for pro- In addition to the legal impact of hate crimes statute that limits pros- grams that combat hate crimes com- this bill, its symbolic impact is equally ecution to offenders who interfere with mitted by juveniles, including pro- important. This bill emphasizes the a victim’s participation in certain fed- grams designed to train local law en- devastatingly unique nature of hate erally protected activities. In June forcement officers in identifying, in- crimes. It says we recognize that hate 2003, six Latino teenagers went to a vestigating, prosecuting and pre- crimes provide aggressors with the family restaurant on Long Island. The venting hate crimes. These measures means to attack an entire community

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4810 CONGRESSIONAL RECORD — SENATE April 28, 2009 through a single act of violence, and disability must be prosecuted for what Over 300 law enforcement, civil send a message of fear that vastly tran- they are—crimes of hate. rights, civic, and religious organiza- scends the immediate crime and its Individuals should not only be pro- tions have endorsed our bill, including victim. It shows we understand that tected from hate crimes because of the International Association of Chiefs hate crime offenders should be pros- their actual characteristics; they must of Police, the National District Attor- ecuted for committing a crime against also be protected from hate crimes neys Association, the National Sheriffs an entire community. After so many based on the inaccurate perceptions of Association, the Police Executive Re- years of inaction, we in Congress have others. Last year in Brooklyn, New search Forum, the Leadership Con- an obligation to demonstrate that we York, Jose Sucuzhanay was walking ference on Civil Rights, the Anti-Defa- understand how hate crimes affect our arm in arm with his brother, Romel mation League, the Human Rights nation’s communities. Sucuzhanay, after attending a church Campaign, and the Interfaith Alliance. It takes only a brief survey of any party. According to officials, about All these diverse groups have come to- major news outlet to find horrifying half a block from Jose’s home, a black gether to say that now is the time for stories of hate crimes and the inability sports utility vehicle drove by and the us to protect our fellow citizens from of law enforcement to prosecute offend- two men in the vehicle began shouting the brutality of hate-motivated vio- ers for their acts of hate. The 1999 mur- what witnesses described as vulgarisms lence. They strongly support this legis- der of four women in Yosemite Na- against Hispanics and gay men. The lation because they know it is a bal- tional Park graphically illustrates the car stopped and one of the two men ap- anced and sensible approach that will need to include gender in our hate proached Jose and smashed a beer bot- bring greater protection to our citi- crimes statute. These four women were tle over the back of his head. The other zens, along with much-needed re- murdered by a man who admitted hav- man then took an aluminum baseball sources for local and State law enforce- bat from the rear of the vehicle and re- ing fantasized about killing women for ment fighting hate crimes. peatedly struck Jose on his shoulder, most of his life. These women lost their Passing this bill will send a message, ribs, and back. Once Jose fell to the lives for one reason—because they were loud and clear, that those who vic- ground, he received several full-forced, women. We need to send a clear mes- timize individuals because of their crushing blows to his head with the sage that we will not accept such acts race, color, religion, national origin, aluminum baseball bat. Jose, a father sexual orientation, gender, gender of hate. Without this bill, however, of two and local real estate agent, died identity, or disability will go to prison. such a crime cannot be federally pros- 5 days later because of the hate-moti- In addition, passing this bill will pro- ecuted as a hate crime. vated attack. He did not deserve to lose Gender identity must also be in- his life because he was perceived to be vide Federal, State, local, and tribal cluded in our definition of those char- gay. That is why the bill we are intro- authorities with stronger means to acteristics protected by a hate crimes ducing today criminalizes crimes based prosecute crimes of hate. It has been statute. Many are familiar with the on the perceived characteristics of a over 10 years since Matthew Shepard story of Brandon Teena, who was raped victim. was left to die on a fence in Wyoming and beaten in Humboldt, Nebraska in We also know that hate crimes cov- because of who he was. It has also been 1993 by two male friends after they dis- ered by current Federal law—based on 10 years since this bill was initially covered that he was living as a male race, religion, national origin, and considered by Congress. In those 10 but was anatomically female. The local color—still occur and must be pros- years, we have gained the political and sheriff refused to arrest the offenders, ecuted. Following the 2008 presidential public support that is needed to make and they later shot and stabbed Bran- election, three men in New York went this bill become law. Today, we have a don to death. on a rampage attacking African-Amer- President who is prepared to sign hate A more recent, less well-known inci- ican residents of Staten Island in re- crimes legislation into law, and a Jus- dent occurred when Fred C. Martinez sponse to the historic election of Presi- tice Department that is willing to en- Jr., a Navajo transgender youth, was dent Barack Obama. The men attacked force it. We must not delay the passage murdered while walking home from a one 17-year-old African-American man of this bill. Now is the time to stand up party. Fred was killed for one reason with a metal pipe and collapsible against hate-motivated violence and alone—because he was a transgender baton. They attacked another African- recognize the shameful damage it is youth. By passing this bill, the Senate American man by pushing him to the doing to our Nation. will send a strong message that hate ground. They assaulted still another Mr. LEAHY. Mr. President, this is crimes based on sexual identity are un- man, whom they mistakenly believed National Crime Victims’ Rights acceptable and perpetrators of such was African-American, by mowing him Week—a time when communities in crimes will face tough criminal pen- down with a car while yelling racial Vermont and across the Nation recog- alties under Federal law. epithets at him. Clearly, this dem- nize the needs of crime victims, and Hate crimes against disabled Ameri- onstrates that race-based violence is work together to promote victims’ cans are very disturbing and deserve continuing at an unacceptable level, rights and services. There is no more protection at the Federal level as well. and we must act to help law enforce- important time than now to renew our In October 2002, two deaf girls, one of ment more vigorously deal with hate commitment to address the needs of whom was wheelchair bound due to cer- crimes. crime victims and their families. ebral palsy, were harassed and sexually Hate crimes legislation has the sup- Today, I am pleased to join Senator assaulted by four suspected gang mem- port of President Obama, a majority of KENNEDY, Senator COLLINS, and more bers in a local park. The girls were at- Congress, 26 State Attorneys General, than 30 other Senators from both sides tacked because they were disabled and and a broad coalition of law enforce- of the aisle to reintroduce the Matthew unable to defend themselves. Although ment, civic, religious, and civil rights Shepard Hate Crimes Prevention Act of the alleged perpetrators were pros- groups. Recent history shows that Con- 2009. This is a bipartisan bill designed ecuted, the assaults could not be gress is ready to make hate crimes leg- to combat crimes that have long ter- charged as hate crimes because no islation into law. In 2007, the Senate rorized communities and remain a seri- State or Federal protections for dis- voted 60 to 39 in support of a similar ous problem in this country. This legis- ability-based hate crimes existed in hate crimes bill. An equally powerful lation is a matter of simple justice. It Federal or State law. This must statement was made by the House is past time for Congress to enact this change. when it voted 237 to 180 for the hate bill and strengthen the Federal Gov- These are only a few examples of the crimes bill introduced that year. As a ernment’s role in preventing and pun- hate perpetrated against individuals in Senator, President Obama voted to ishing crimes motivated by hate. America based on their sexual orienta- support hate crimes legislation. Now, I commend Senator KENNEDY for his tion, gender, gender identity, and dis- as President, he has included the ex- leadership over the last decade in ability. We can no longer allow any of pansion of hate crimes in his civil working to expand our Federal hate these communities to live in fear. rights agenda. The political will of our crimes law, and I am proud to once Crimes based on an individual’s sexual Nation is clear—it is time for this bill again be an original cosponsor of this orientation, gender, gender identity, or to become law. legislation. A bipartisan majority of

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4811 the Members in the House of Rep- juror, to be protected under Federal and honorable tradition, and brings us resentatives voted to pass this legisla- law. This bill also expands Federal pro- one step closer towards ensuring an tion in the last Congress. Unfortu- tections to include the problem of hate America that values tolerance and pro- nately, there were partisan attempts to crimes committed against people be- tects all of its people. I hope all Sen- filibuster and prevent passage of the cause of their sexual orientation, gen- ators will support passing this impor- Senate bill. The measure was ulti- der, gender identity, or disability, tant bipartisan bill this year. mately attached to the Department of which is a key and long-overdue expan- Mrs. FEINSTEIN. I wish today to Defense Authorization bill with the bi- sion of protection. Finally, this bill support the Matthew Shepard Hate partisan support of 60 Senators. While I provides assistance and resources to Crimes Prevention Act of 2009. I want am disappointed that the hate crime state, local, and tribal law enforcement to thank and commend my friend and provision was taken out of that bill at to address hate crimes. colleague, Senator KENNEDY, for his conference, I am hopeful that our ef- This bill strengthens Federal juris- leadership and dedication on this im- forts to enact this civil rights measure diction over hate crimes as a back-up, portant issue. It is long past time that into law will be successful this year. but not a substitute, for state and local we move to bring existing Federal hate Violent crimes motivated by preju- law enforcement. States will still bear crimes law into the 21st century. dice and hate are tragedies that haunt primary responsibility for prosecuting I have been an original cosponsor of American history. From the lynchings most hate crimes, which is important the Hate Crimes Prevention Act since that plagued race relations for more to me as a former state prosecutor. In it was first introduced in the Senate than a century, to the well-publicized a sign that this legislation respects the over a decade ago. slayings of Matthew Shepard and proper balance between Federal and And I am proud to join today with James Byrd, Jr., in the 1990s, this is a local authority, it has received strong my colleagues—Senators KENNEDY, story that we have heard too often in bipartisan support from state and local LEAHY, SPECTER, COLLINS, SNOWE, this country. Unfortunately, in my law enforcement organizations across SCHUMER, DURBIN, and others—to re- home state of Vermont, there have the country. introduce this legislation, which will been two attacks in recent years that Moreover, this bill accomplishes the once and for all send a message: We appear to have been motivated by the critically important goal of protecting will no longer turn a blind eye to hate victims’ religion or sexual orientation. all of our citizens without compro- crimes in this country. Perhaps the most persuasive evidence mising our constitutional responsibil- This legislation is a crucial step to- that hate crimes are becoming more ities. It is a tool for combating acts ward prosecuting crimes directed at prevalent and more nationalized is a and threats of violence motivated by thousands of individuals who are the leaked copy of the Department of hatred and bigotry. But it does not tar- targets of brutal and senseless vio- Homeland Security report on violent get pure speech, however offensive or lence. The current Federal hate crimes law extremism in the United States. The disagreeable. The Constitution does simply does not go far enough. It cov- report is nothing short of chilling. not permit us in Congress to prohibit ers only crimes motivated by bias on The DHS report found that ‘‘the eco- the expression of an idea simply be- the basis of race, color, religion or na- nomic downturn and the election of the cause we disagree with it. To para- first African American president tional origin. phrase Justice Oliver Wendell Holmes, This bill improves the current Fed- present unique drivers for rightwing the Constitution protects not only eral hate crime law by including radicalization and recruitment’’ and freedom for the thought and expression crimes motivated by gender, gender these elements in turn have the poten- we agree with, but freedom for the identity, sexual orientation, and dis- tial to drive hate groups to carry out thought that we hate. I am devoted to ability. violence. It also found that anti-immi- that principle, and I am confident that Specifically, the Matthew Shepard grant fervor by organized hate groups this bill does not contradict it. Crimes Prevention Act of 2009 expands ‘‘has the potential to turn violent.’’ We crafted this legislation after long on the 1968 definition of a hate crime. The DHS report concluded that the and thoughtful consultation with many Under current Federal law, hate ‘‘advent of the Internet’’ has poten- of the advocates who work so hard to crimes only cover attacks based on tially made ‘‘extremist individuals and promote civil rights and with Justice race, color, religion, and national ori- groups more dangerous and the con- Department attorneys in the field who gin. sequences of their violence more se- work on hate crimes prosecutions Under the proposed bill, hate crimes vere.’’ every day. It contains changes to Fed- will include: gender, gender identity, Of course, these findings comport eral hate crime law that will improve sexual orientation, and disability. with a recent Southern Poverty Law the law’s operation and implementa- The bill enables States, local juris- Center, SPLC, report on hate group ac- tion. I want to thank the Leadership dictions, and Indian tribes to apply for tivity in the United States entitled Conference on Civil Rights, Human Federal grants in order to solve hate ‘‘The Year in Hate.’’ The SPLC repot Rights First, and the more than 300 law crimes and provides Federal agents found that activity by known domestic enforcement, civil rights, religious, with broader authority to aid State hate groups has increased by 50 percent and other professional organizations and local police. since 2000, from 602 hate groups in 2000, for their assistance with and support Additionally, the bill amends the to 926 hate groups in 2008. The recent for this legislation, and for their tire- Hate Crime Statistics Act to allow law and rapid growth in hate group activ- less work on behalf of hate crimes vic- enforcement agencies to gather addi- ity is simply astonishing. tims in the United States. tional data on violent crimes com- It remains painfully clear that as a The crimes targeted in this bill are mitted out of hate. Nation, we still have serious work to particularly pernicious crimes that af- The bill also includes a ‘‘Rule of Con- do in protecting all Americans from fect more than just their victims and struction’’ to ensure that it does not these crimes and in ensuring equal those victims’ families. They inspire intrude on first amendment protected rights for all our citizens. While the fear in those who have no connection rights to freedom of speech. answer to hate and bigotry must ulti- to the victim other than a shared char- I believe that it is time for Congress mately be found in increased tolerance, acteristic such as race or sexual ori- to expand the ability of the Federal strengthening our Federal hate crimes entation. That is wrong. All Americans Government to investigate and pros- laws is a step in the right direction. have the right to live, travel and gath- ecute anyone who would target victims The Matthew Shepard Hate Crimes er where they choose. In the past we because of hate. In States that have al- Prevention Act of 2009 improves exist- have responded as a Nation to deter ready enacted hate crimes laws, the ing law by making it easier for Federal and to punish violent denials of civil Federal Government must provide the authorities to investigate and pros- rights. We have enacted Federal laws resources to ensure that those crimes ecute crimes based on race, color, reli- to protect the civil rights of all of our do not go unpunished. We can and must gion, and national origin. Victims will citizens for nearly 150 years. do more. no longer have to engage in a narrow The Matthew Shepard Hate Crimes Across the Nation, horrific instances range of activities, such as serving as a Prevention Act continues that great of violence are occurring that this bill

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4812 CONGRESSIONAL RECORD — SENATE April 28, 2009 would work to fight against. I would vidual who is targeted simply because owners into deceptive and expensive like to share just a few examples: of who they are. mortgages. These secret bonus pay- In February 2008 in Oxnard, CA, Law- We must also stop the way that hate ments, often called yield spread pre- rence ‘‘Larry’’ King, a 15-year-old boy crimes terrorize communities. When miums, turned home mortgages into a was shot and killed by a fellow class- people are targeted because of who scam. A family would go to a mortgage mate at his junior high school. Larry, they are, they often live in fear and broker to get advice in getting the best who had told his classmates he was communities suffer from tension and a possible loan. The family would trust gay, had long been harassed and bullied lack of trust. These are crimes that the broker to give advice because, at school. The way he was treated is damage our social fabric, and we must quite frankly, they were paying the unacceptable, and his death was a trag- send a clear message that we cannot broker for that service. But what the ic and poignant reminder of why it is tolerate this kind of intimidation in borrower did not realize is that the so important to stop bullying and vio- the United States. broker would earn thousands of bonus lence in our schools. This is not a new bill. It was first in- dollars from the lender if the broker In Laurel, DE, earlier this month, troduced in 1998. It has passed the Sen- could convince the homeowner to take three teenagers were charged with rob- ate numerous times: in 2000, 2002, and out a high-priced mortgage, such as bing and assaulting a 31-year-old devel- 2004 as an amendment to the Depart- one with an exploding interest rate, opmentally disabled man. The victim ment of Defense, Authorization bill. It rather than a plain vanilla 30-year was walking home one Friday evening has also passed the House in 2007 as a fixed rate mortgage. from his brother’s house in the Laurel stand-alone bill and in 2006 as an The second factor is prepayment pen- Village Mobile Home Park and was amendment to the Adam Walsh Act. alties. Prepayment penalties added in- dragged into a wooden area, beaten, But still, it has not been enacted into sult to injury. After the homeowners and robbed of his wallet and keys. The law. realized they had been steered into an victim’s mother later found him and In addition, last Congress, this body unsustainable mortgage, they soon dis- took him to the hospital where he was passed this legislation favorably as an covered that a large prepayment pen- treated for a concussion. amendment to the Defense authoriza- alty made it too costly for them to re- Lastly, one of the most well-known tion bill, but the amendment was re- finance to a more affordable loan. They cases in California happened in West moved from the final version of the bill were locked into that first destructive Hollywood to actor Trev Broudy in that the President signed. loan they did not fully understand 2002. The night of the attack, Trev This legislation is bipartisan and has when it was presented. Broudy was hugging a man on a street. broad coalition support. It is supported This scam has had a tremendous im- Three men with a baseball bat savagely by 26 State attorneys general and over pact. A study for the Wall Street Jour- attacked the actor and left him in a 300 law enforcement, professional, edu- nal found that 61 percent of the coma for approximately 10 weeks. As a cational, civil rights, religious, and subprime loans that originated in result of the attack, Trev suffered civic organizations. 2006—that is 61 percent that originated brain damage, lost half of his vision, I hope that my colleagues will join in 2006—went to families who qualified and has experienced trouble hearing. me in supporting it and working to for prime loans. More than half the The crimes are brutal. The attackers enact it into law in this Congress. borrowers who qualified for a prime Let us send a message to all Ameri- targeted their victims because of who loan ended up with a subprime loan be- cans that we will not turn a blind eye they are. Yet, none of these crimes can cause of these steering payments, put- to hate crimes and will instead support be prosecuted as a Federal hate crime. ting millions of American families at These are not isolated instances. the values of tolerance and community risk. This is simply wrong—a publicly These crimes occur all too often. that unite us as Americans. regulated process designed to create a According to the latest FBI statis- By Mr. MERKLEY: relationship of trust between families tics, there were almost 7,700 hate crime S. 911. A bill to amend the Truth in and brokers but that leaves borrowers incidents in the United States in 2007. Lending Act to prohibit prepayment unaware of payments that take place, Of those, 1,789 occurred in California, penalties, and for other purposes; to putting them into expensive and de- with 15 percent of those based on sex- the Committee on Banking, Housing, structive mortgages. ual orientation. and Urban Affairs. I call your attention to a New York Nationally, approximately 50.8 per- Mr. MERKLEY. Mr. President, I am Times editorial published on April 9 cent were motivated by racial bias, 18 introducing two pieces of legislation to entitled ‘‘Predatory Brokers.’’ This percent were motivated by religious address the very heart of our economic editorial highlighted the problem. The bias, 17 percent were motivated by sex- crisis—the housing market and the de- Times concluded that: ual orientation, and 13.2 percent were ceptive lending practices that have The first step must be to outlaw the kick- motivated by ethnicity or national ori- placed millions of homes at risk of backs that lenders pay brokers for steering gin bias. One percent involved a bias foreclosure. clients into costlier loans. against a disability. In the last few years, millions of fam- The editorial went on to say that: Even more disturbing is the fact that ilies were led into unsustainable home The most clearly unethical form of pay- these FBI statistics show only a frac- mortgages that pushed our country ment is the so-called yield-spread premium. tion of the problem because so many into an economic crisis unprecedented My friends, it is difficult to overstate hate crimes are unreported. in our lifetimes. Instead of fulfilling a the damage that has been done by The Southern Poverty Law Center, a dream and contributing to a secure fi- these practices. An estimated 20,000 Or- nonprofit organization located in nancial future, home mortgages have egon families will lose their homes to Montgomery, AL and internationally too often become a check for stripping foreclosure in 2009. Nationwide, an esti- known for its tolerance education pro- wealth from working Americans. mated 2 million families will lose their grams, estimates that the actual num- These two bills, the Transparency for homes this year. And the total of fore- ber of hate crimes committed in the Homeowners Act, S. 911, and the Pro- closed families is predicted to reach 9 United States each year is closer to moting Mortgage Responsibility Act, million by 2012. 50,000 as opposed to the nearly 8,000 S. 912, will put an end to deceptive and The legislative solutions I propose cases reported to the FBI. unfair mortgage practices that played are very simple. The bills I am intro- A close analysis of hate crimes rates a pivotal role in tricking American ducing today will ensure these prac- demonstrates that groups that are now families to accept risky and tices do not again haunt the mortgage covered by current laws—such as Afri- unsustainable mortgages. business in America. First, the Trans- can Americans, Muslims, and Jews, re- Two key factors drew families into parency For Homeowners Act ends the port similar rates of hate crimes vic- these mortgages that paved the way for secret steering payments to lenders timizations as gays and lesbians—who this recession. First, steering pay- who lead homeowners into deceptive are not currently protected. ments. mortgages they cannot afford over the Every person’s life is valuable. Con- Steering payments were paid to bro- long term. Second, the Promoting gress must act to protect every indi- kers who enticed unsuspecting home- Mortgage Responsibility Act prohibits

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4813 lenders from issuing costly financial ply need to do more to help employers enue Code of 1986 (relating to special rules) is penalties that prevent homeowners encourage exercise. amended by adding at the end the following from refinancing into a more afford- Given the tremendous benefits exer- new subparagraph: able loan. cise provides, I believe Congress has a ‘‘(C) CERTAIN ATHLETIC OR FITNESS FACILI- duty to create as many incentives as TIES DESCRIBED.—For purposes of subpara- It is simple: an end to steering pay- graph (A)(ii), an athletic or fitness facility ments and an end to prepayment pen- possible to get Americans off the described in this subparagraph is a facility— alties. We should recognize that not couch, up, and moving. ‘‘(i) which provides instruction in a pro- only have these practices damaged the With this in mind, I am introducing gram of physical exercise, offers facilities for financial foundations for our families the WHIP Act. the preservation, maintenance, encourage- and millions of families at the retail Current law already permits busi- ment, or development of physical fitness, or level—turning the American dream of nesses to deduct the cost of on-site is the site of such a program of a State or home ownership into an American workout facilities, which are provided local government, for the benefit of employees on a pre- ‘‘(ii) which is not a private club owned and nightmare—but these practices, which operated by its members, resulted in a huge surge in subprime tax basis. But if a business wants or needs to outsource these health bene- ‘‘(iii) which does not offer golf, hunting, lending, set the stage for the disaster sailing, or riding facilities, that would come and is still unfolding fits, they and/or their employees are ‘‘(iv) whose health or fitness facility is not on Wall Street and crippling economies required to bear the full cost. In other incidental to its overall function and pur- around the world. words, employees who receive off-site pose, and My legislation will restore trans- fitness center subsidies are required to ‘‘(v) which is fully compliant with the parency to the mortgage lending proc- pay income tax on the benefits, and State of jurisdiction and Federal anti-dis- ess and help make home ownership a their employers bear the associated ad- crimination laws.’’. ministrative costs of complying with (c) EXCLUSION APPLIES TO HIGHLY COM- stable investment for families once PENSATED EMPLOYEES ONLY IF NO DISCRIMI- the IRS rules. again. The time has come for us to NATION.—Section 132(j)(1) of the Internal make sure that secret steering pay- The WHIP Act would correct this in- Revenue Code of 1986 is amended— ments and paralyzing prepayment pen- equity in the tax code to the benefit of (1) by striking ‘‘Paragraphs (1) and (2) of alties never again haunt American many smaller businesses and their em- subsection (a)’’ and inserting ‘‘Subsections families. Let us restore the American ployees. Specifically, it would provide (a)(1), (a)(2), and (j)(4)’’, and dream of home ownership. an employer’s right to deduct up to (2) by striking the heading thereof through $900 of the cost of providing health club ‘‘(2) APPLY’’ and inserting ‘‘CERTAIN EXCLU- By Mr. CORNYN (for himself and benefits off-site for their employees. In SIONS APPLY’’. addition, the employer’s contribution (d) EMPLOYER DEDUCTION FOR DUES TO CER- Mr. HARKIN): TAIN ATHLETIC FACILITIES.— S. 913. A bill to amend the Internal to the cost of the health club fees (1) IN GENERAL.—Paragraph (3) of section Revenue Code of 1986 to expand work- would not be taxable income for em- 274(a) of the Internal Revenue Code of 1986 place health incentives by equalizing ployees—creating an incentive for (relating to denial of deduction for club the tax consequences of employee ath- more employers to contribute to the dues) is amended by adding at the end the letic facility use; to the Committee on health and welfare of their employees. following new sentence: ‘‘The preceding sen- Finance. The WHIP Act is an important step tence shall not apply to so much of the fees, Mr. CORNYN. Mr. President, I rise to in reversing the largely preventable dues, or membership expenses paid to ath- health crisis that our country is facing, letic or fitness facilities (within the meaning introduce the Workforce Health Im- of section 132(j)(4)(C)) as does not exceed $900 provement Program Act of 2009, other- through the promotion of physical ac- per employee per year.’’. wise known as the WHIP Act. This bi- tivity and disease prevention. It is a (2) CONFORMING AMENDMENT.—The last sen- partisan bill I introduce today is the critical component of America’s health tence of section 274(e)(4) of such Code is same legislation I introduced in the care policy: prevention. It will improve amended by inserting ‘‘the first sentence of’’ 110th Congress. I am very pleased to be our Nation’s quality of life by pro- before ‘‘subsection (a)(3)’’. joined again by my good friend and col- moting physical activity and pre- (e) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable league, Senator TOM HARKIN, who venting disease. Additionally, it will help relieve pressure on a strained years beginning after the date of the enact- shares my commitment to helping ment of this Act. keep America fit. health care system and correct an in- Public health experts unanimously equity in the current tax code. By Mr. SPECTER: agree that people who maintain active Mr. President, I ask unanimous con- S. 914. A bill to establish an inde- and healthy lifestyles dramatically re- sent that the text of the bill be printed pendent Cures Acceleration Network duce their risk of contracting chronic in the RECORD. agency, to sponsor promising diseases. And as the government works There being no objection, the text of translational research to bridge the to reign in the high cost of health care, the bill was ordered to be printed in gap between laboratory discoveries and it is worth talking about what we all the RECORD, as follows: life-saving therapies, to reauthorize can do to help ourselves. As you know, S. 913 the National Institutes of Health, and prevention is key, and exercise is a pri- Be it enacted by the Senate and House of Rep- for other purposes; to the Committee mary component in the prevention of resentatives of the United States of America in on Health, Education, Labor, and Pen- Congress assembled, many adverse health conditions that sions. SECTION 1. SHORT TITLE. can arise over one’s lifetime. A phys- This Act may be cited as the ‘‘Workforce Mr. SPECTER. Mr. President, the ically fit population helps to decrease Health Improvement Program Act of 2009’’. bill that I am introducing today would health-care costs, reduce governmental SEC. 2. EMPLOYER-PROVIDED OFF-PREMISES authorize the establishment of the spending, reduce illnesses, and improve HEALTH CLUB SERVICES. Cures Acceleration Network, CAN. worker productivity. (a) TREATMENT AS FRINGE BENEFIT.—Sub- This new $2 billion agency would pro- According to the Centers for Disease paragraph (A) of section 132(j)(4) of the Inter- vide funds to translate research discov- Control and Prevention, CDC, the eco- nal Revenue Code of 1986 (relating to on- eries from the bench to the bedside and nomic cost alone to businesses in the premises gyms and other athletic facilities) would operate as an independent agen- is amended to read as follows: form of health insurance and absentee- ‘‘(A) IN GENERAL.—Gross income shall not cy. It would not be part of the Depart- ism is more than $15 billion. Addition- include— ment of Health and Human Services. ally, the CDC estimates that more than ‘‘(i) the value of any on-premises athletic The CAN would make awards outside of 1⁄3 of all US adults fail to meet min- facility provided by an employer to its em- the traditional funding stream to ac- imum recommendations for aerobic ployees, and celerate the development of cures and physical activity based on the 2008 ‘‘(ii) so much of the fees, dues, or member- treatments including but not limited Physical Activity Guidelines for Amer- ship expenses paid by an employer to an ath- to drugs, devices, and behavioral thera- icans. With physical inactivity being a letic or fitness facility described in subpara- pies. The CAN would have a flexible ex- graph (C) on behalf of its employees as does key contributing factor to overweight not exceed $900 per employee per year.’’. pedited review process to get monies and obesity, and adversely affecting (b) ATHLETIC FACILITIES DESCRIBED.—Para- into the hands of the grantees as workforce productivity, we quite sim- graph (4) of section 132(j) of the Internal Rev- quickly as possible. These development

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4814 CONGRESSIONAL RECORD — SENATE April 28, 2009 funds would complement the research For both grant types, the CAN Board rates for prostate cancer have in- dollars provided to the National Insti- may waive the award limitation as well creased from 69 percent to almost 99 tutes of Health, NIH, and would not as modify the matching requirement. percent. So we are seeing real progress. compete or take monies away from the Eligible grantees would include pub- But for many other maladies, the sta- NIH. lic or private entities such as institu- tistics are not so good. The bill also would raise the author- tions of higher education, medical cen- These medical advances do not hap- ization level of the National Institutes ters, biotechnology companies, univer- pen overnight. It takes time and of Health to $40 billion in fiscal year sities, patient advocacy organizations, money for research institutions to de- 2010, elevate the Center for Minority pharmaceutical companies and aca- velop scientists skilled in the latest re- Health and Health Disparities to Insti- demic research institutions. search techniques and to develop the tute status, and implement a new con- To provide for expedited FDA ap- costly infrastructure where research flict-of-interest provision. proval, the grantees must also estab- takes place. While the NIH funds much of the lish protocols that comply with FDA Regrettably, Federal funding for NIH basic biomedical research at univer- standards to meet regulatory require- has steadily declined from the $3.8 bil- sities across the country, the CAN ments at all stages of development, lion increase provided in 2003—when would take those findings found manufacturing, review, approval and the 5-year doubling of that agency was through basic research and provide safety surveillance of a medical prod- completed. Had we provided sustained funding to fill the gap between labora- uct. increases of $3.5 billion per year, plus tory discoveries and life-saving med- The provisions of the Bayh-Dole Act inflation since 2003, we would have $23 ical therapies. This funding gap—often would apply. billion more in funding for today. The referred to as ‘‘the valley of death’’ The CAN grant proposals would be arises after Federal basic-science sup- shortfall due to inflationary costs evaluated by a 24-member board com- alone is $5.2 billion. This flagging in- port ends and before investors are will- prised of experienced individuals of dis- ing to commit to a promising dis- vestment in medical research, many tinguished achievement, and represent- believe, served to discourage bright covery. Very often finding funds to fill ative of a broad range of disciplinary this gap is a daunting challenge, espe- young investigators from entering this interests including: venture capitalists field of study. cially during a period of economic and business executives with experi- The $10 billion for the National Insti- downturn, when investors have fewer ence in managing scientific enter- tutes of Health that was included in resources to invest. This has had a se- prises; scientists with expertise in the stimulus package provided an imme- vere impact on America’s bio- fields of basic research, biopharma- diate infusion of new research dollars technology industry. ceuticals, drug discovery, drug delivery for medical research. While these funds The need for the CAN is clear: Cap- of medical products, bioinformatics, will only make up for a portion of what ital raised by America’s biotechnology gene therapy or medical instrumenta- was lost since 2003, it is a step in the companies fell 55 percent in 2008 com- tion, regulatory review and approval of right direction. But much remains to pared to 2007. Also relative to 2007, 90 medical products; and representatives be done. Additional dollars must be percent of small public biotechnology of patient advocacy organizations. found for the 2010 appropriation and be- companies are now operating with less The Chairman and Vice Chairman of yond. than 6 months of cash on hand. In the the CAN shall be appointed by the last 5 months alone, at least 24 U.S. President with the advice and consent The $40 billion contained in the legis- public biotech companies have either of the Senate. The term of office of lation that I am introducing today will placed drug development programs on each member of the Board shall be 2 help to re-energize our investment in hold or cut programs altogether. These years. The CAN board also will include medical research, support a new gen- companies have postponed clinical ex-officio members representing the eration of young scientists and invest trials to treat melanoma, cervical can- National Institutes of Health, the Food in the health of our Nation. cer, lupus, chemotherapy side effects and Drug Administration and the De- The bill also contains a provision for breast cancer patients, multiple partment of Defense, the Department which requires the Director of NIH to sclerosis, diabetes and atherosclerosis, of Veterans Affairs and the National enforce conflict-of-interest policies, re- drug trials to treat non-Hodgkin’s Science Foundation. The CAN board quiring primary investigators with fi- lymphoma, testing of pandemic flu will meet four times each calendar nancial interests to provide a detailed vaccine, trials to treat plaque psoriasis year, with 12 board members and rep- report how the grant recipient will and heart disease, and a treatment for resentatives of the ex-officio members manage the investigator’s conflict-of- mesothelioma. present at each meeting. The board interest. In short, without adequate funding— The legislation also elevates the Na- these companies will be unable to take will be supported by an executive di- rector and other employees that the tional Center for Minority Health and these products to the development Health Disparities to Institute status, stage, the basic research done by the Board deems necessary to ensure effi- cient operation of the CAN. a designation that will lead to more re- NIH will be lost, and many patients sources to address the health status of will die waiting for drugs and devices The Chairman of the CAN shall have authority to enter into an interagency minority and other medically under- to give them a better quality of life. served communities. The CAN would fund two types of agreement with the Center for Sci- While some might argue that at a grant awards, each with an authoriza- entific Review at the National Insti- time when our economy is struggling tion of $1 billion in the first year and tutes of Health to utilize advisory pan- additional funds in succeeding fiscal els to review applications, and to make we cannot afford to invest more in years. recommendations to the CAN. medical research. The fact is that re- The Cures Acceleration Grant The increases that have been made in search offers the only hope of saving Awards will provide grant awards of up medical research over the past 20–30 lives, allowing our citizens to lead to $15 million per year per project with years have dramatically improved the longer, more productive lives and sav- out-year funding available. These survival rates for many diseases— ing billions of dollars in health care awards would be available to appli- deaths from coronary artery disease cost. To those critics I would say we cants who do not have access to private declined by 18 percent between 1994 and cannot afford not to invest in medical matching funds. 2004. Stroke deaths also fell by 24.2 per- research. This is not simply good social The Cures Acceleration Partnership cent during that same time period. The policy; it is good economic policy as Awards also would provide grants for five-years survival rates for Hodgkin’s well. up to $15 million per year per project lymphoma have increased from 4 per- Mr. President, I ask unanimous con- with additional funds available in the cent in the 1960s to more than 86 per- sent that the text of the bill and a list out-years. However, grant awards cent today. Survival rates for localized of supporters be printed in the RECORD. would require a match of three Federal breast cancer have increased from 80 There being no objection, the mate- dollars to one grantee dollar, as a way percent in the 1950s to 98 percent rial was ordered to be printed in the to partially offset development costs. today. Over the past 25 years, survival RECORD, as follows:

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4815 S. 914 and may not serve more than 2 such terms imburse such personnel for travel expenses, Be it enacted by the Senate and House of Rep- consecutively. as described in paragraph (7)(B); resentatives of the United States of America in (C) QUALIFICATIONS.— (F) make advance, progress, or other pay- Congress assembled, (i) IN GENERAL.—The President shall ap- ments without regard to section 3324 of title SECTION 1. SHORT TITLE. point individuals to the Board based solely 31, United States Code; This Act may be cited as the ‘‘Cures Accel- upon the individual’s established record of (G) rent office space in the District of Co- eration Network and National Institutes of distinguished service in one of the areas of lumbia for use by the CAN; Health Reauthorization Act of 2009’’. expertise described in clause (ii). Each indi- (H) enter into agreements with other Fed- vidual appointed to the Board shall be of dis- eral agencies to carry out oversight of the SEC. 2. CURES ACCELERATION NETWORK. tinguished achievement and have a broad (a) DEFINITIONS.—In this section— grant program under subsection (e), which range of disciplinary interests. (1) the term ‘‘medical product’’ means a agreements may include provisions for finan- (ii) EXPERTISE.—The President shall select drug, device, biological product, or product individuals based upon the following require- cial reimbursement for the oversight pro- that is a combination of drugs, devices, and ments: vided by such agencies; and biological products; (I) For each of the fields of— (I) make other necessary expenditures. (2) the terms ‘‘drug’’ and ‘‘device’’ have the (aa) basic research; (6) MEETINGS.— meanings given such terms in section 201 of (bb) medicine; (A) IN GENERAL.—The Board shall meet 4 the Federal Food, Drug, and Cosmetic Act; (cc) biopharmaceuticals; times per calendar year, at the call of the and (dd) discovery and delivery of medical Chairperson. (3) the term ‘‘biological product’’ has the products; (B) QUORUM; REQUIREMENTS; LIMITATIONS.— meaning given such term in section 351 of (ee) bioinformatics and gene therapy; (i) QUORUM.—A quorum shall consist of a the Public Health Service Act. (ff) medical instrumentation; and total of 13 members of the Board, excluding (b) ESTABLISHMENT OF THE CURES ACCEL- (gg) regulatory review and approval of ex-officio members, with diverse representa- ERATION NETWORK.—There is established an medical products, tion as described in clause (iv). independent agency to be known as the (ii) CHAIRPERSON OR VICE CHAIRPERSON.— Cures Acceleration Network (referred to in the President shall select at least 1 indi- Each meeting of the Board shall be attended this section as ‘‘CAN’’), which shall— vidual who is eminent in such fields. (II) At least 4 individuals shall be recog- by either the Chairperson or the Vice Chair- (1) be under the direction of a CAN Review nized leaders in professional venture capital Board (referred to in this section as the person. or private equity organizations and have ‘‘Board’’), described in subsection (d); and (iii) LIMITATION.—No member or ex-officio demonstrated experience in private equity (2) award grants and contracts to eligible member of the Board may attend more than investing. entities, as described in subsection (e), to ac- 2 meetings of the Board each calendar year (III) At least 8 individuals shall represent celerate the development of cures and treat- with the exceptions of the Chairperson and disease advocacy organizations. ments of diseases, including through the de- Vice Chairperson, who may attend all such (3) EX-OFFICIO MEMBERS.— velopment of medical products and behav- meetings. (A) APPOINTMENT.—In addition to the 24 (iv) DIVERSE REPRESENTATION.—At each ioral therapies. Board members described in paragraph (2), (c) FUNCTIONS.—The functions of the CAN meeting of the Board, there shall be not less the President shall appoint as ex-officio are to— than one scientist, one representative of a members of the Board— (1) identify and promote revolutionary ad- (i) a representative of the National Insti- disease advocacy organization, and one rep- vances in basic research, translating sci- tutes of Health, recommended by the Sec- resentative of a professional venture capital entific discoveries from bench to bedside; retary of the Department of Health and or private equity organization. (2) award grants and contracts to eligible Human Services; (7) COMPENSATION AND TRAVEL EXPENSES.— entities; (ii) a representative of the Office of the As- (A) COMPENSATION.—Members shall receive (3) provide the resources through grants sistant Secretary of Defense for Health Af- compensation at a rate to be fixed by the and contracts necessary for independent in- fairs, recommended by the Secretary of De- Chairperson but not to exceed a rate equal to vestigators, research organizations, bio- fense; the daily equivalent of the annual rate of technology companies, academic research in- (iii) a representative of the Office of the basic pay prescribed for level IV of the Exec- stitutions, and other entities to develop Under Secretary for Health for the Veterans utive Schedule under section 5315 of title 5, medical products for the treatment and cure Health Administration, recommended by the United States Code, for each day (including of diseases and disorders; Secretary of Veterans Affairs; travel time) during which the member is en- (4) reduce the barriers between laboratory (iv) a representative of the National gaged in the performance of the duties of the discoveries and clinical trials for new thera- Science Foundation, recommended by the Board. All members of the Board who are of- pies; Chair of the National Science Board; and ficers or employees of the Untied States (5) facilitate priority review in the Food (v) a representative of the Food and Drug shall serve without compensation in addition and Drug Administration for the medical Administration, recommended by the Com- products funded by the CAN; and to that received for their services as officers missioner of Food and Drugs. or employees of the United States. (6) accept donations, bequests, and gifts to (B) TERMS.—Each ex-officio member shall (B) TRAVEL EXPENSES.—Members of the the CAN. serve a 3-year term on the Board, except that Board shall be allowed travel expenses, in- (d) CAN BOARD.— the Chairperson may adjust the terms of the (1) ESTABLISHMENT.—There is established a initial ex-officio members in order to provide cluding per diem in lieu of subsistence, at Cures Acceleration Network Review Board for a staggered term of appointment for all rates authorized for persons employed inter- (referred to in this section as the ‘‘Board’’), such members. mittently by the Federal Government under which shall direct the activities of the Cures (4) RESPONSIBILITIES OF THE BOARD.—The section 5703(b) of title 5, United States Code, Acceleration Network. Board shall— while away from their homes or regular (2) MEMBERSHIP.— (A) advise the Chairperson with respect to places of business in the performance of serv- (A) IN GENERAL.— policies, programs, and procedures for car- ices for the Board. (i) APPOINTMENT.—The Board shall be com- rying out the Chairperson’s duties; and (e) GRANT PROGRAM.— prised of 24 members who are appointed by (B) review applications for grants and con- (1) GRANTS AND CONTRACTS.—The Chair- the President and who serve at the pleasure tracts under subsection (e) and make rec- person shall, through the Board of the CAN, of the President. ommendations to the Chairperson. award grants and contracts to eligible enti- (ii) CHAIRPERSON AND VICE CHAIRPERSON.— (5) AUTHORITY OF THE CHAIRPERSON.—The ties to assist such entities in carrying out The President, by and with the advice and Chairperson may— projects described in paragraph (3). consent of the Senate, shall designate, from (A) prescribe regulations regarding the (2) AWARD PROCESS.—The Chairperson of among the 24 members appointed under manner in which the Chairperson’s duties clause (i), one Chairperson of the Board (re- shall be carried out, as the Chairperson de- the Board may award a grant or contract ferred to in this section as the ‘‘Chair- termines necessary; under this subsection to an eligible entity person’’) and one Vice Chairperson. (B) appoint employees, subject to civil only upon the approval of a majority of a (B) TERMS.— service laws, as necessary to carry out the quorum of the Board. (i) IN GENERAL.—Each member shall be ap- Chairperson’s functions; (3) USE OF FUNDS.—Funds awarded under pointed to serve a 4-year term, except that (C) define the duties, and supervise and di- this subsection shall be used— any member appointed to fill a vacancy oc- rect the activities, of any employees ap- (A) to accelerate the development of cures curring prior to the expiration of the term pointed under subparagraph (B); and treatments, including through the devel- for which the member’s predecessor was ap- (D) use experts and consultants, including opment of medical products, behavioral pointed shall be appointed for the remainder a panel of experts who may be employed as therapies, and biomarkers that demonstrate of such term. authorized by section 3109 of title 5, United the safety or effectiveness of medical prod- (ii) CONSECUTIVE APPOINTMENTS; MAXIMUM States Code; ucts; or TERMS.—A member may be appointed to (E) accept and utilize the services of vol- (B) to help the award recipient establish serve not more than 3 terms on the Board, untary and uncompensated personnel and re- protocols that comply with Food and Drug

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4816 CONGRESSIONAL RECORD — SENATE April 28, 2009 Administration standards and otherwise per- nizations with demonstrated experience in out conditions, and transfers for tax pur- mit the recipient to meet regulatory require- private equity investing; and poses, for the purpose of aiding or facili- ments at all stages of development, manu- (iii) at least 3 representatives of disease tating the work of the CAN subject to the facturing, review, approval, and safety sur- advocacy organizations. following: veillance of a medical product. (C) FINANCIAL COMPENSATION.—Any agree- (A) In any case in which money or other (4) ELIGIBLE ENTITIES.—To receive a grant ment under subparagraph (A) shall include property is donated, bequeathed, or devised or contract under this subsection, an entity an arrangement whereby the Chairperson re- to the CAN without designation for the ben- shall— imburses the Center for Scientific Review for efit of which such property is intended, and (A) be— the services provided under such subpara- without condition or restriction other than (i) an individual; graph. that such property be used for the purposes (ii) a group of individuals; or (6) AWARDS.— of the CAN, such property shall be deemed to (iii) a public or private entity, which may (A) THE CURES ACCELERATION PARTNERSHIP have been donated, bequeathed, or devised to include a private or public research institu- AWARDS.— the CAN and the Chairperson shall have au- tion, an institution of higher education, a (i) INITIAL AWARD AMOUNT.—Each award thority to receive such property. medical center, a biotechnology company, a under this subparagraph shall be not more (B) In any case in which any money or pharmaceutical company, a disease advocacy than $15,000,000 per project for the first fiscal other property is donated, bequeathed, or de- organization, a patient advocacy organiza- year for which the project is funded, which vised to the CAN with a condition or restric- tion, or an academic research institution; shall be payable in one payment, except that tion, such property shall be deemed to have the Chairperson of the Board may increase been donated, bequeathed, or devised to the (B) submit an application containing— the award amount for an eligible entity if CAN whose function it is to carry out the (i) a detailed description of the project for the Board so determines by a majority vote. purpose or purposes described, or referred to, which the entity seeks such grant or con- (ii) FUNDING IN SUBSEQUENT FISCAL YEARS.— by the terms of such condition or restriction, tract; An eligible entity receiving an award under and the Chairperson shall have authority to (ii) a timetable for such project; clause (i) may apply for additional funding receive such property. (iii) an assurance that the entity will sub- for such project by submitting to the Board (C) For the purposes of subparagraph (B), if mit— the information required under subpara- one or more of the purposes of such a condi- (I) interim reports describing the entity’s— graphs (B) and (C) of paragraph (4). The tion or restriction is covered by the func- (aa) progress in carrying out the project; Chairperson may fund a project of such eligi- tions of the CAN, or if some of the purposes and ble entity in an amount not to exceed of such a condition or restriction are covered (bb) compliance with all provisions of this $15,000,000 for a fiscal year subsequent to the by the CAN, the Board shall determine an section and conditions of receipt of such initial award under clause (i) if the Board so equitable manner for distribution by the grant or contract; and determines by majority vote. CAN of the property so donated, bequeathed, (II) a final report at the conclusion of the (iii) MATCHING FUNDS.—As a condition for or devised. grant period, describing the outcomes of the receiving a grant or contract under this sub- (D) For the purpose of Federal income tax, project; and paragraph, an eligible entity shall contribute gift tax, and estate tax laws, any money or (iv) a description of the protocols the enti- to the project non-Federal funds in the other property donated, bequeathed, or de- ty will follow to comply with Food and Drug amount of $1 for every $3 awarded under vised to the Chairperson pursuant to author- Administration standards and regulatory re- clauses (i) and (ii), except that the Chair- ity derived under this subsection shall be quirements at all stages of development, person may waive or modify such matching deemed to have been donated, bequeathed, or manufacturing, review, approval, and safety requirement by a majority vote of the Board. devised to, or for the use of, the United surveillance of a medical product; and (B) THE CURES ACCELERATION GRANT States. (C) provide such additional information as AWARDS.— (h) CONFLICTS OF INTEREST.— the Chairperson may require. (i) INITIAL AWARD AMOUNT.—Each award (1) IN GENERAL.—The Chairperson shall de- (5) STUDY SECTIONS OF THE CENTER FOR SCI- under this subparagraph shall be not more velop and enforce conflict of interest policies ENTIFIC REVIEW.— than $15,000,000 per project for the first fiscal for the CAN and shall respond in a timely (A) IN GENERAL.—The Chairperson may year for which the project is funded, which manner when such policies have been vio- enter into an interagency agreement with shall be payable in one payment, except that lated by a recipient of funds provided under the Center for Scientific Review within the the Chairperson of the Board may increase a grant or contract awarded under this sec- National Institutes of Health to use the the award amount for an eligible entity if tion. study sections of such Center to review ap- the Board so determines by a majority vote. (2) INFORMATION.— plications submitted under paragraphs (4)(B) (ii) FUNDING IN SUBSEQUENT FISCAL YEARS.— (A) IN GENERAL.—In the case in which the and additional information submitted under An eligible entity receiving an award under principal investigator for a recipient de- (4)(C) and to make recommendations to the clause (i) may apply for additional funding scribed under subparagraph (B) has a conflict Board. The Chairperson shall promulgate for such project by submitting to the Board of interest, the Chairperson shall require the regulations and procedures to— the information required under subpara- recipient to provide to the Chairperson the (i) ensure that each study section review- graphs (B) and (C) of paragraph (4). The following information: ing applications is composed of diverse mem- Chairperson may fund a project of such eligi- (i) The degree of the primary investigator’s bers, as described in subparagraph (B); ble entity in an amount not to exceed financial interest, estimated to the nearest (ii) require such study sections to create $15,000,000 for a fiscal year subsequent to the $1,000. written records summarizing— initial award under clause (i) if the Board so (ii) A detailed report explaining how the (I) all meetings and discussions of the determines by majority vote. recipient will manage the primary investiga- study section; and (7) SUSPENSION OF AWARDS FOR DEFAULTS, tor’s conflict of interest. (II) the recommendations made by such NONCOMPLIANCE WITH PROVISIONS AND PLANS, (B) RECIPIENT.—A recipient described in study section to the Board; and AND DIVERSION OF FUNDS; REPAYMENT OF this subparagraph is a recipient— (iii) make the records described in clause FUNDS.—The Chairperson may suspend the (i) of a grant or contract awarded under (ii) available to the public in a manner that award to any entity upon noncompliance by subsection (e); and protects the privacy of applicants and panel such entity with provisions and plans under (ii) that receives more than $250,000 under members and any proprietary information this section or diversion of funds. such grant or contract. from applicants. (8) AUDITS.—The Chairperson may enter (i) AUTHORIZATION OF APPROPRIATIONS.— (B) MEMBERSHIP.—The Chairperson shall into agreements with other entities to con- For purposes of carrying out this section, ensure that the study sections of the Center duct periodic audits of the projects funded by there are authorized to be appropriated— for Scientific Review that review applica- grants or contracts awarded under this sub- (1) for fiscal year 2010, $1,000,000,000 for tions submitted under this subsection are se- section. awards described under subsection (e)(6)(A), lected solely on the basis of established (9) CLOSEOUT PROCEDURES.—At the end of a including associated administrative costs; records of distinguished service and in- grant or contract period, a recipient shall (2) for fiscal year 2010, $1,000,000,000 for clude— follow the closeout procedures under section awards described under subsection (e)(6)(B), (i) for each of the fields of— 74.71 of title 45, Code of Federal Regulations including associated administrative costs; (I) basic research; (or any successor regulation). and (II) medicine; (f) STAFF.—The CAN may employ such offi- (3) such sums as may be necessary for sub- (III) biopharmaceuticals; cers and employees (including experts and sequent fiscal years. (IV) discovery and delivery of medical consultants), appointed by the Chairperson, SEC. 3. ORGANIZATION OF NATIONAL INSTI- products; as may be necessary to enable the CAN to TUTES OF HEALTH. (V) bioinformatics and gene therapy; and carry out its functions under this section, (a) REDESIGNATION OF CENTER ON MINORITY (VI) medical instrumentation, and may employ and fix the compensation of HEALTH AND HEALTH DISPARITIES.—Title IV at least 2 individuals with expertise in such such officers and employees. of the Public Health Service Act (42 U.S.C. fields; (g) GIFTS, BEQUESTS, AND DEVISES.— 281 et seq.) is amended— (ii) at least 3 representatives of profes- (1) IN GENERAL.—The CAN may accept do- (1) by redesignating subpart 6 of part E as sional venture capital or private equity orga- nations, bequests, and devises, with or with- subpart 20;

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4817 (2) by transferring subpart 20, as so redes- lege, Charles Drew University of Medicine In contrast, the supplemental budget ignated, to part C of such title IV; and Science, Cure Alzheimer’s Fund, Amer- request seeks $4,000,000,000 in special (3) by inserting subpart 20, as so redesig- ican Thoracic Society, Scleroderma Founda- transfer authority for the Department nated, after subpart 19 of such part C; and tion, NephCure Foundation, National Marfan of Defense to meet emerging require- (4) in subpart 20, as so redesignated— Foundation, Crohn’s and Colitis Foundation (A) by redesignating sections 485E through of America, Pulmonary Hypertension Asso- ments. Surely, the State Department 485H as sections 464z-3 through 464z-6, respec- ciation, Biotechnology Industry Organiza- should also have increased flexibility tively; tion, Melanoma Research Foundation, Alz- to react promptly to the economic and (B) by striking ‘‘National Center on Minor- heimer’s Association, Medical Library Asso- security needs of Pakistan should the ity Health and Health Disparities’’ each ciation, Association of Academic Health worst case scenario transpire. place such term appears and inserting ‘‘Na- Sciences Libraries, American Lung Associa- I urge the relevant Committee to tional Institute on Minority Health and tion, Lupus Research Institute, S.L.E. Lupus consider and act upon this legislation Health Disparities’’; and Foundation, Friends of Cancer Research, quickly. (C) by striking ‘‘Center’’ each place such College on Problems of Drug Dependence, term appears and inserting ‘‘Institute’’. Parkinson’s Action Network. By Mr. AKAKA: (b) PURPOSE OF INSTITUTE.—Subsection (h) of section 464z-3 of the Public Health Service By Mr. GREGG: S. 919. A bill to amend section 1154 of Act, as so redesignated, is amended— S. 917. A bill provide assistance to title 58, United States Code, to clarify (1) in paragraph (1), by striking ‘‘research Pakistan under certain conditions, and the additional requirements for consid- endowments at centers of excellence under for other purposes; to the Committee eration to be afforded time, place, and section 736.’’ and inserting the following: on Foreign Relations. circumstances of service in determina- ‘‘research endowments— Mr. GREGG. Mr. President, I rise tions regarding service-connected dis- ‘‘(1) at centers of excellence under section today to introduce legislation that pro- abilities; to the Committee on Vet- 736; and erans’ Affairs. ‘‘(2) at centers of excellence under section vides the President with extraordinary, 464z-4.’’; and but critical authority under section 451 Mr. AKAKA. Mr. President, I am (2) in paragraph (2)(A), by striking ‘‘aver- of the Foreign Assistance Act of 1961 today introducing the proposed Clari- age’’ and inserting ‘‘median’’. with respect to assistance for Paki- fication of Characteristics of Combat (c) TECHNICAL AMENDMENT.—Section stan. Service Act of 2009. This legislation is 401(b)(24) of the Public Health Service Act (42 Specifically, the bill allows the designed to address concerns which U.S.C. 281(b)(24)) is amended by striking President to reprogram up to have been noted during the Commit- ‘‘Center’’ and inserting ‘‘Institute’’. tee’s oversight visits to VA regional of- (d) CONFORMING AMENDMENT.—Subsection $500,000,000 of previously appropriated (d)(1) of section 903 of the Public Health foreign operations funds for assistance fices. From the review of claims folders Service Act (42 U.S.C. 299a-1(d)(1)) is amend- for Pakistan if the President deter- as part of ongoing oversight, Com- ed by striking ‘‘section 485E’’ and inserting mines that it is in the vital national mittee staff has noted that VA adju- ‘‘section 464z-3’’. security interests of the U.S. to do so. dicators often fail to factor in the ex- SEC. 4. CONFLICTS OF INTEREST. The President must still report istence of common occurrences when Section 402 of the Public Health Service promptly to Congress on the exercise of considering claims from combat vet- Act (42 U.S.C. 282) is amended by adding at this authority, and it is my expecta- erans because there is no formal evi- the end the following: dence on the matters in question in the ‘‘(m) ENFORCEMENT OF CONFLICT OF INTER- tion—although not legally binding— claimant’s official military records. EST POLICIES.— that reprogrammed funds will be reim- ‘‘(1) IN GENERAL.—The Director shall de- bursed in subsequent annual or supple- When common hazards exist in par- velop and enforce the conflict of interest mental appropriations bills. ticular areas where our armed forces policies for the National Institutes of Health Extended until September 30, 2010, have or are serving, a means must be and shall respond in a timely manner when this authority is required because of established to determine whether a such policies have been violated by a recipi- the increasingly dire situation in Paki- particular veteran’s claim of exposure ent of funds provided under a grant or con- stan and alarming news reports of ter- to such hazard or matter is consistent tract awarded under this title. ritorial gains by extremists. While I do with the circumstances of service in ‘‘(2) INFORMATION.— that area, even without evidence in in- ‘‘(A) IN GENERAL.—In the case in which the not pretend to have the answers to principal investigator for a recipient de- Pakistan’s myriad challenges, I do dividual official records. This proposed scribed under subparagraph (B) has a conflict know that the administration lacks bill would establish a mechanism by re- of interest, the Director shall require the re- the necessary authority to reprogram quiring VA to promulgate regulations cipient to provide to the Director the fol- significant funds to respond to further that would include standards that VA lowing information: political and economic deterioration in adjudicators would use for evaluating ‘‘(i) The degree of the primary investiga- that country. Should the government the consistency between lay evidence tor’s financial interest, estimated to the of Pakistani President Zardari col- and claimed matters, such as exposure nearest $1,000. to factors common to servicemembers ‘‘(ii) A detailed report explaining how the lapse, the administration will need recipient will manage the primary investiga- maximum flexibility in its response. serving in particular combat areas. tor’s conflict of interest. I can anticipate some may have a This proposed bill is intended to re- ‘‘(B) RECIPIENT.—A recipient described in knee jerk reaction to the provision of sult in recognition by VA that, where this subparagraph is a recipient— such extraordinary authority. In re- there is evidence of common events, a ‘‘(i) of a grant or contract awarded under sponse, I would remind my colleagues veteran’s testimony, if consistent with this title; and that regardless of their opinions of other evidence, would be accepted ‘‘(ii) that receives more than $250,000 under Pakistan’s messy political situation, without requiring specific, formal evi- such grant or contract.’’. events in Pakistan directly impact Af- dence of individual exposure to the SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ghanistan—and our troops on the event. By law, lay testimony is cur- (a) AUTHORIZATION OF APPROPRIATIONS.— Section 402A of the Public Health Service ground there. rently recognized in claims where a Act (42 U.S.C. 282a) is amended by striking Of course, this is in addition to the veteran served in a military unit which paragraphs (1) through (3) of subsection (a) impact that destabilization would have participated in combat. While this bill and inserting the following: on Pakistan’s nuclear complex, specifi- is not intended to provide a presump- ‘‘(1) $40,000,000,000 for fiscal year 2010; and cally the combination of dozens of nu- tion of service-connection for any par- ‘‘(2) such sums as may be necessary for clear weapons, untested security sys- ticular disability, it should improve each of fiscal years 2011 and 2012.’’. tems, and a surplus of Islamic mili- the accurate adjudication of claims in (b) OFFICE OF THE DIRECTOR.—Subpara- those cases where a veteran served in graph (b) of section 402A of the Public Health tants in the area. These issues are at Service Act (42 U.S.C. 282a(b)) is amended by the forefront of our security interests an area where certain events or expo- striking ‘‘2007 through 2009’’ and inserting in the region and would exacerbate ex- sures are widespread. ‘‘2010 through 2012’’. ponentially the impact of destabiliza- For example, there is widespread SUPPORTERS tion. agreement that those who have served Autism Speaks, Association of Minority It might interest my colleagues to in Iraq since the start of the conflict Health Professions Schools, Morehouse know that current law limits section there have been exposed to improvised School of Medicine, Meharry Medical Col- 451 reprogram authority to $25,000,000. explosive devices—IEDs. However,

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CLARIFICATION OF ADDITIONAL RE- My colleagues and I on the Homeland pears that it often happens that, when QUIREMENTS FOR CONSIDERATION Security and Governmental Affairs TO BE AFFORDED TIME, PLACE, AND a veteran applies for compensation for CIRCUMSTANCES OF SERVICE IN DE- Committee’s Subcommittee on Federal disabilities related to IED exposure, TERMINATIONS REGARDING SERV- Financial Management, which I chair, such as tinnitus, the claim may be de- ICE-CONNECTED DISABILITIES. have held four hearings on the issue of nied if the veteran’s service medical Subsection (a) of section 1154 of title 38, troubled IT investments now, including record does not show treatment for United States Code, is amended to read as follows: one today. And what we’ve learned is tinnitus in service or otherwise docu- ‘‘(a)(1) The Secretary shall include in the that some agencies can’t keep the ex- ments exposure to an IED. Since it regulations pertaining to service-connection pected cost of their investments down would be highly unusual to find docu- of disabilities the following: or deliver them on time as promised. mentation of treatment where a vet- ‘‘(A) Additional provisions in effect requir- Nor do these agencies, in many cases, eran in a combat zone has consulted ing that in each case where a veteran is have qualified IT experts they can turn with medical personnel for a relatively seeking service-connection for any disability to before a project spirals out of con- minor condition, such as exposure to due consideration shall be given to the places, types, and circumstances of such vet- trol. The bill I have put forward today an IED which did not cause acute ob- along with a number of my colleagues servable injury, the formal records eran’s service as shown by such veteran’s service record, the official history of each or- addresses these issues. would not be of use to the claimant. ganization in which such veteran served, Our bill starts by requiring the Office The regulations required by the legisla- such veteran’s medical records, and all perti- of Management and Budget to increase tion I am introducing would likely in- nent medical and lay evidence. the transparency of funded IT invest- clude provision for conceding exposure ‘‘(B) Additional provisions specifying that, ments on a public website. OMB cre- to an IED in claims brought by vet- in the case of a veteran who served in a par- ated such a website, known as VUE-IT, ticular combat zone, the Secretary shall ac- erans who served in Iraq. this past July following one of our sub- Another example of the problems cept credible lay or other evidence as suffi- committee hearings. Our bill would en- that the legislation is designed to ad- cient proof that the veteran encountered an sure that VUE-IT or whatever similar dress involves claims from Korean war event that the Secretary specifies in such veterans, many of whom were exposed regulations as associated with service in par- site the new Obama team creates has to extreme cold, but whose records ticular locations where the veteran served or the cost, schedule, and performance in particular circumstances under which the may not have documentation of treat- necessary for Congress and the general veteran served in such combat zone. public to know if a project is a success ment for a cold injury or information ‘‘(C) The provisions required by section 5 of on the actual temperature to which or should be scrapped. the Veterans’ Dioxin and Radiation Exposure Our bill also requires that agency they were exposed. I would anticipate Compensation Standards Act (Public Law 98– that the regulations required by this 542; 98 Stat. 2727). plans for new IT systems must contain legislation would provide for VA to ‘‘(2) In paragraph (1)(B), the term ‘combat a clear business case and provide com- concede exposure to subfreezing tem- zone’ means a combat zone for purposes of plete and accurate information before peratures in such cases if consistent section 112 of the Internal Revenue Code of the OMB approves the investments. Al- 1986 or a predecessor provision of law.’’. with the location where the veteran though this sounds like a simple con- cept, it doesn’t always happen. And served. By Mr. CARPER (for himself, Ms. OMB has historically been unwilling to I expect that this measure should COLLINS, Mr. LIEBERMAN, and turn down an agency IT request. speed the processing by claims, by not Mr. VOINOVICH): To correct this, our bill also empow- requiring each veteran to individually S. 920. A bill to amend section 11317 ers OMB and agency Chief Information establish by official government of title 40, United States Code, to im- records, which often do not document prove the transparency of the status of Officers to take action if they realize a individual participation, exposure to information technology investments, project isn’t going as planned, before it one or more events which are well es- to require greater accountability for spirals out of control. This action tablished as circumstances involving cost overruns on Federal information could be the assignment of highly- the place and type of the veteran’s technology investment projects, to im- trained IT experts who could help bring service. prove the processes agencies imple- projects back on track. In closing, I note that this legislation ment to manage information tech- Lastly, our bill recognizes that there has been developed in consultation nology investments, to reward excel- are a lot of innovative and hard- with VA and with a variety of individ- lence in information technology acqui- working federal employees that de- uals and groups interested in VA sition, and for other purposes; to the serve recognition for the work they do claims but I do not view it as a final Committee on Homeland Security and in information technology. Our bill re- approach. I look forward to working Governmental Affairs. quires the Office of Personnel Manage- with my colleagues on the Committee Mr. CARPER. Mr. President, I rise ment to provide agencies guidance on and in the Senate, as well as with those today to introduce two bills, S. 920 and programs that can be set up to reward with an interest in this issue, to im- S. 921, that I believe could represent employees for their excellence. prove this bill so that combat veterans the most sweeping reforms of govern- Now, I would like to discuss my next of the current conflicts and of earlier ment information technology manage- bill titled the United States Informa- conflicts who allege exposure to well- ment reform we’ve considered in some tion and Communications Enhance- recognized events will not be burdened time. ment Act of 2009. by requirements of acquiring official I would like to start by addressing Everyday, massive amounts of infor- evidence of individual participation in the IT Investment Oversight and Waste mation are transmitted across the such events. This should help veterans Prevention Act. global information infrastructure. receive the benefits they deserve in a Every year, agencies spend billions of Some of this information is routine timely manner. I urge support for this dollars on IT investments that they be- email between friends and family. legislation. lieve will increase productivity, reduce Much of it, however, consists of highly Mr. President, I ask unanimous con- costs, or improve customer service. But sensitive military information, how- sent that the text of the bill be printed agencies often fail to properly plan and ever, or commercial secrets. in the RECORD. manage their investments. Rather, As all of us can attest to, increasing There being no objection, the text of nearly one third of all Federal IT in- global interconnectivity has greatly in- the bill was ordered to be printed in vestments are considered by OMB to be creased our productivity and ability to the RECORD, as follows: ‘‘poorly planned.’’ Many of these in- communicate. However, it has also in- S. 919 vestments will be delivered over budg- creased our responsibility to make sure Be it enacted by the Senate and House of Rep- et, behind schedule, and not performing this information is protected. resentatives of the United States of America in The Federal Government stores with- Congress assembled, up to agencies’ original expectations. in its databases some of our nation’s SECTION 1. SHORT TITLE. Some might say that we just This Act may be cited as the ‘‘Clarification shouldn’t make these kinds of invest- most critical military, economic, and of Characteristics of Combat Service Act of ments. But many of them are critical commercial secrets. Great harm could 2009’’. to agency missions. be caused if it were to fall into the

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4819 wrong hands. Knowing this, hackers, ting-edge technology have greatly ben- tablished at the commencement of the criminal organizations, and even other efited our government and our society. project; and countries are spending a good deal of But we also need to recognize that it ‘‘(6) the number of times investments were money and time trying to access it. has greatly increased the threats we rebaselined and the dates on which such re- baselines occurred.’’. In fact, just last week we learned face on a daily basis. that someone had gone online and sto- Mr. President, I ask unanimous con- SEC. 4. IT INVESTMENT PROJECTS. sent that the text of the bill be printed (a) SIGNIFICANT AND GROSS DEVIATIONS.— len our military’s most advanced jet Section 11317 of title 40, United States Code, fighter plans with the stroke of a but- in the RECORD. is amended to read as follows: There being no objection, the text of ton. The cost to the American taxpayer ‘‘SEC. 11317. SIGNIFICANT AND GROSS DEVI- for this single incident is approxi- the bill was ordered to be placed in the ATIONS. mately $300 billion worth of research RECORD, as follows: ‘‘(a) DEFINITIONS.—In this subchapter: and development, and an incalculable S. 920 ‘‘(1) AGENCY HEAD.—The term ‘Agency amount if the information were to ever Be it enacted by the Senate and House of Rep- Head’ means the head of the Federal agency be used against us. resentatives of the United States of America in that is primarily responsible for the IT in- Unfortunately, many agencies have Congress assembled, vestment project under review. ‘‘(2) ANSI EIA–748–B STANDARD.—The term not done as much as they should be SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Information ‘ANSI EIA–748–B Standard’ means the meas- doing to prevent these cyber intru- Technology (IT) Investment Oversight En- urement tool jointly developed by the Amer- sions. Instead they have been led to be- hancement and Waste Prevention Act of ican National Standards Institute and the lieve that producing plans about cyber 2009’’. Electronic Industries Alliance to analyze security is equivalent to actually mon- SEC. 2. FINDINGS. Earned Value Management systems. itoring and protecting their networks. Congress finds the following: ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT- My bill will correct this. (1) The effective deployment of informa- TEES.—The term ‘appropriate congressional First, my bill recognizes that there tion technology can make the Federal Gov- committees’ means— needs to be a coordinating office to ernment more efficient, effective, and trans- ‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; oversee the multiple agencies that parent. (2) Historically, the Federal Government ‘‘(B) the Committee on Oversight and Gov- have a hand in cyber space. Today, the has struggled to properly plan, manage, and ernment Reform of the House of Representa- NSA and the Departments of Homeland deliver information technology investments tives; Security and Defense all have different on time, on budget, and performing as ‘‘(C) the Committee on Appropriations of roles when it comes to securing cyber planned. the Senate; networks in the federal government (3) The Office of Management and Budget ‘‘(D) the Committee on Appropriations of and the private sector. Their efforts has made significant progress overseeing in- the House of Representatives; and are largely uncoordinated and ineffec- formation technology investments made by ‘‘(E) any other relevant congressional com- mittee with jurisdiction over an agency re- tive. This bill creates a White House of- Federal agencies but continues to struggle to ensure that such investments meet cost, quired to take action under this section. fice with a director confirmed by the schedule, and performance expectations. ‘‘(4) CHIEF INFORMATION OFFICER.—The term Senate whose major responsibility (4) Congress has limited knowledge of the ‘Chief Information Officer’ means the Chief would be to rectify this situation actual cost, schedule, and performance of Information Officer designated under section My bill also ensures that agencies are agency information technology investments 3506(a)(2) of title 44 of the Federal agency spending scarce resources effectively. and has difficulty providing the necessary that is primarily responsible for the IT in- Instead of agencies wasting precious oversight. vestment project under review. resources producing security plans that (5) In July 2008, an official of the Govern- ‘‘(5) CORE IT INVESTMENT PROJECT.—The ment Accountability Office testified before terms ‘core IT investment project’ and ‘core are outdated as soon they are printed, project’ mean a mission critical IT invest- my bill requires agencies to continu- the Subcommittee on Federal Financial Management, Government Information, Fed- ment project designated as such by the Chief ously monitor their networks for cyber eral Services, and International Security of Information Officer, with approval by the intrusions and malicious activities, the Committee on Homeland Security and Agency Head under subsection (b). take steps to address their Governmental Affairs of the Senate, stating ‘‘(6) DIRECTOR.—The term ‘Director’ means vulnerabilities, and then regularly test that— the Director of the Office of Management whether the steps they are taking to (A) agencies self-report inaccurate and un- and Budget. secure their networks are effective. reliable project management data to the Of- ‘‘(7) EARNED VALUE MANAGEMENT.—The My bill also requires the General fice of Management and Budget and Con- term ‘Earned Value Management’ means the cost, performance, and schedule data used to Service Administration to harness the gress; and (B) the Office of Management and Budget determine project status and developed in significant purchasing power of the fed- should establish a mechanism that would accordance with the ANSI EIA–748-B Stand- eral government to purchase more se- provide real-time project management infor- ard. cure hardware and software. This is the mation and force agencies to improve the ac- ‘‘(8) GROSSLY DEVIATED.—The term ‘grossly model the Air Force used a few years curacy and reliability of the information deviated’ means cost, schedule, or perform- ago with Microsoft and it led to a sav- provided. ance variance that is at least 40 percent from ings of approximately $98 million in SEC. 3. REAL-TIME TRANSPARENCY OF IT IN- the Original Baseline. one year and an enhanced security pos- VESTMENT PROJECTS. ‘‘(9) INDEPENDENT GOVERNMENT COST ESTI- Section 11302(c)(1) of title 40, United States MATE.—The term ‘independent government ture. This is a successful model that we Code, is amended by striking the period at cost estimate’ means a pragmatic and neu- should continue throughout the federal the end and inserting the following: ‘‘, in- tral analysis, assessment, and quantification government. cluding establishing a Website, updating the of all costs and risks associated with the ac- Lastly, my bill recognizes that the Website on a quarterly basis, and including quisition of an IT investment project, Department of Homeland Security has on the Website, not later than 90 days after which— taken the lead among civilian agencies the date of the enactment of the Information ‘‘(A) is based on programmatic and tech- in protecting the perimeter of the fed- Technology (IT) Investment Oversight En- nical specifications provided by the office eral government but lacks some of the hancement and Waste Prevention Act of within the agency with primary responsi- 2009— bility for the development, procurement, and necessary authority and technical peo- ‘‘(1) the cost, schedule, and performance of delivery of the project; ple necessary to realize a more secure all major information technology invest- ‘‘(B) is formulated and provided by an enti- civilian cyber space. Therefore, our bill ments using earned-value management data ty other than the office within the agency will require agencies to develop policy based on the ANSI–EIA–748–B standard; with primary responsibility for the develop- and guidance for coordinating with US- ‘‘(2) accurate quarterly information since ment, procurement, and delivery of the CERT and give the Director of US- the commencement of the project; project; CERT the ability to hire the personnel ‘‘(3) a graphical depiction of trend informa- ‘‘(C) contains sufficient detail to inform needed to defend our national security. tion since the commencement of the project; the selection of an Earned Value Manage- I look forward to working with my ‘‘(4) a clear delineation of investments that ment baseline benchmark measure under the have experienced cost, schedule, or perform- ANSI EIA–748-B standard; and colleagues to get these important and ance variance greater than 10 percent over ‘‘(D) accounts for the full life cycle cost necessary reforms enacted before it’s the life cycle of the investment; plus associated operations and maintenance too late. I think everyone can agree ‘‘(5) an explanation of the reasons the in- expenses over the usable life of the project’s that computers, the Internet, and cut- vestment deviated from the benchmark es- deliverables.

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‘‘(10) IT INVESTMENT PROJECT.—The terms ‘‘(D) for each project under the project ‘‘(3) DEADLINE.— ‘IT investment project’ and ‘project’ mean manager’s supervision, any known, expected, ‘‘(A) NOTIFICATION BASED ON QUARTERLY RE- an information technology system or infor- or anticipated changes to project schedule PORT.—If the determination of significant de- mation technology acquisition that— milestones or project performance bench- viation is based on a report submitted under ‘‘(A) requires special management atten- marks included as part of the original or cur- subsection (c)(1), the Agency Head shall no- tion because of its importance to the mission rent baseline description; tify Congress and the Director in accordance or function of the agency, a component of ‘‘(E) the current cost, schedule, and per- with paragraph (2) not later than 21 days the agency, or another organization; formance status of all projects under super- after the end of the quarter upon which such ‘‘(B) is for financial management and obli- vision that were previously identified as sig- report is based. gates more than $500,000 annually; nificantly deviated or grossly deviated; and ‘‘(B) NOTIFICATION BASED ON INTERIM RE- ‘‘(C) has significant program or policy im- ‘‘(F) any corrective actions taken to ad- PORT.—If the determination of significant de- plications; dress problems discovered under subpara- viation is based on a report submitted under ‘‘(D) has high executive visibility; graphs (C) through (E). subsection (c)(2), the Agency Head shall no- ‘‘(E) has high development, operating, or ‘‘(2) INTERIM REPORTS.—If the project man- tify Congress and the Director in accordance maintenance costs; ager for an IT investment project determines with paragraph (2) not later than 21 days ‘‘(F) is funded through other than direct that there is reasonable cause to believe that after the submission of such report. an IT investment project has significantly appropriations; or ‘‘(e) DETERMINATION OF GROSS DEVIATION.— deviated or grossly deviated since the ‘‘(G) is defined as major by the agency’s ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re- issuance of the latest quarterly report, the capital planning and investment control ceiving a report under subsection (c), the project manager shall submit to the Chief In- process. Chief Information Officer shall— formation Officer, not later than 14 days ‘‘(11) LIFE CYCLE COST.—The term ‘life ‘‘(A) determine if any IT investment after such determination, a report on the cycle cost’ means the total cost of an IT in- project has grossly deviated; and project that includes, as of the date of the vestment project for planning, research and ‘‘(B) report any such determination to the report— development, modernization, enhancement, Agency Head. ‘‘(A) a description of the original and cur- operation, and maintenance. ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the ‘‘(12) ORIGINAL BASELINE.— rent program cost, schedule, and perform- ance benchmarks; Chief Information Officer determines under ‘‘(A) IN GENERAL.—Except as provided paragraph (1) that an IT investment project under subparagraph (B), the term ‘Original ‘‘(B) the cost, schedule, or performance variance related to the IT investment has grossly deviated and the Agency Head Baseline’ means the ANSI EIA–748–B Stand- has not issued a report to the appropriate ard-compliant Earned Value Management project since the commencement of the project; congressional committees of a gross devi- benchmark established at the commence- ation for that project under this section ment of an IT investment project. ‘‘(C) any known, expected, or anticipated changes to the project schedule milestones since the project was last required to be ‘‘(B) GROSSLY DEVIATED PROJECT.—If an IT rebaselined under this section, the Agency investment project grossly deviates from its or project performance benchmarks included as part of the original or current baseline de- Head shall submit a report to the appro- Original Baseline (as defined in subpara- priate congressional committees, the Direc- graph (A)), the term ‘Original Baseline’ scription; ‘‘(D) the major reasons underlying the sig- tor, and the Government Accountability Of- means the ANSI EIA–748–B Standard-compli- nificant or gross deviation of the project; fice that includes— ant Earned Value Management benchmark and ‘‘(A) written notification of such deter- established under subsection (e)(3)(C). ‘‘(E) a corrective action plan to correct mination, which— ‘‘(13) SIGNIFICANTLY DEVIATED.—The term such deviations. ‘‘(i) identifies the date on which such de- ‘significantly deviated’ means Earned Value ‘‘(d) DETERMINATION OF SIGNIFICANT DEVI- termination was made; and Management variance that is at least 20 per- ATION.— ‘‘(ii) indicates whether or not the project cent from the Original Baseline. ‘‘(1) CHIEF INFORMATION OFFICER.—Upon re- has been previously reported as a significant ‘‘(b) CORE IT INVESTMENT PROJECTS DES- ceiving a report under subsection (c), the or gross deviation by the Chief Information IGNATION.—Each Chief Information Officer, Chief Information Officer shall— Officer, and the date of any such report; with approval by the Agency Head, shall— ‘‘(A) determine if any IT investment ‘‘(B) incorporations by reference of all ‘‘(1) identify the major IT investments that project has significantly deviated; and prior reports to Congress on the project re- are the most critical to the agency; and ‘‘(B) report such determination to the quired under this section; ‘‘(2) designate any project as a ‘core IT in- Agency Head. ‘‘(C) updated accounts of the items de- vestment project’ or a ‘core project’, upon ‘‘(2) CONGRESSIONAL NOTIFICATION.—If the scribed in subparagraphs (C) through (G) of determining that the project is a mission Chief Information Officer determines under subsection (d)(2); critical IT investment project that— paragraph (1) that an IT investment project ‘‘(D) the original estimate at completion ‘‘(A) represents a significant high dollar has significantly deviated and the Agency for the project manager, any contractor, and value relative to the average IT investment Head has not issued a report to the appro- any independent analysis; project in the agency’s portfolio; priate congressional committees of a signifi- ‘‘(E) a graphical depiction that shows ‘‘(B) delivers a capability critical to the cant deviation for that project under this monthly planned expenditures against actual successful completion of the agency mission, section since the project was last required to expenditures since the commencement of the or a portion of such mission; be rebaselined under this section, the Agency project; ‘‘(C) incorporates unproven or previously Head shall submit a report to the appro- ‘‘(F) the amount, if any, of incentive or undeveloped technology to meet primary priate congressional committees, the Direc- award fees any contractor has received since project technical requirements; or tor, and the Government Accountability Of- the commencement of the contract and the ‘‘(D) would have a significant negative im- fice that includes— reasons for receiving such incentive or award pact on the successful completion of the ‘‘(A) written notification of such deter- fees; agency mission if the project experienced mination; ‘‘(G) the project manager’s estimated cost significant cost, schedule, or performance ‘‘(B) the date on which such determination at completion and estimated completion deviations. was made; date for the project if current requirements ‘‘(c) COST, SCHEDULE, AND PERFORMANCE ‘‘(C) the amount of the cost increases and are not modified; REPORTS.— the extent of the schedule delays with re- ‘‘(H) the project manager’s estimated cost ‘‘(1) QUARTERLY REPORTS.—Not later than spect to such project; at completion and estimated completion 14 days after the end of each fiscal quarter, ‘‘(D) any requirements that— date for the project based on reasonable the project manager designated by the Agen- ‘‘(i) were added subsequent to the original modification of such requirements; cy Head for an IT investment project shall contract; or ‘‘(I) an explanation of the most significant submit a written report to the Chief Infor- ‘‘(ii) were originally contracted for, but occurrence contributing to the variance mation Officer that includes, as of the last were changed by deferment or deletion from identified, including cost, schedule, and per- day of the applicable quarter— the original schedule, or were otherwise no formance variances, and the effect such oc- ‘‘(A) a description of the cost, schedule, longer included in the requirements con- currence will have on future project costs and performance of all projects under the tracted for; and program schedule; project manager’s supervision; ‘‘(E) an explanation of the differences be- ‘‘(J) a statement regarding previous or an- ‘‘(B) the original and current project cost, tween— ticipated rebaselining or replanning of the schedule, and performance benchmarks for ‘‘(i) the estimate at completion between project and the names of the individuals re- each project under the project manager’s su- the project manager, any contractor, and sponsible for approval; pervision; any independent analysis; and ‘‘(K) the original life cycle cost of the in- ‘‘(C) the quarterly and cumulative cost, ‘‘(ii) the original budget at completion; vestment and the expected life cycle cost of schedule, and performance variance related ‘‘(F) a statement of the reasons underlying the investment expressed in constant base to each IT investment project under the the project’s significant deviation; and year dollars and in current dollars; and project manager’s supervision since the com- ‘‘(G) a summary of the plan of action to ‘‘(L) a comprehensive plan of action to mencement of the project; remedy the significant deviation. remedy the gross deviation, and milestones

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established to control future cost, schedule, ‘‘(i) IN GENERAL.—If the determination of ‘‘(3) ALTERNATIVE SIGNIFICANT DEVIATION and performance deviations in the future. gross deviation is based on a report sub- DETERMINATION.—If the Chief Information Of- ‘‘(3) REMEDIAL ACTION.— mitted under subsection (c)(1), the Agency ficer determines, subsequent to a change in ‘‘(A) IN GENERAL.—If the Chief Information Head shall— the primary business case or key functional Officer determines under paragraph (1)(A) ‘‘(I) not later than 45 days after the end of requirements, that without such change the that an IT investment project has grossly de- the quarter upon which such report is based, project would have significantly deviated— viated, the Agency Head, in consultation notify the appropriate congressional com- ‘‘(A) the Chief Information Officer shall with the Chief Information Officer and the mittees and the Director in accordance with notify the Agency Head of the significant de- appropriate project manager, shall develop paragraph (2); and viation; and and implement a remedial action plan that ‘‘(II) not later than 180 days after the end ‘‘(B) the Agency Head shall fulfill the re- includes— of the quarter upon which such report is quirements under subsection (d)(2) in accord- ‘‘(i) a report that— based, ensure the completion of remedial ac- ance with the deadlines under subsection ‘‘(I) describes the primary business case tion under paragraph (3). (d)(3). and key functional requirements for the ‘‘(ii) FAILURE TO MEET DEADLINES.—If the ‘‘(4) ALTERNATIVE GROSS DEVIATION DETER- project; Agency Head fails to meet the deadline de- MINATION.—If the Chief Information Officer ‘‘(II) describes any portions of the project scribed in clause (i)(II), additional funds may determines, subsequent to a change in the that have technical requirements of suffi- not be obligated to support expenditures as- primary business case or key functional re- cient clarity that such portions may be fea- sociated with the project until the require- quirements, that without such change the sibly procured under firm, fixed-price type ments of this subsection have been fulfilled. project would have grossly deviated— contract; ‘‘(B) NOTIFICATION AND REMEDIAL ACTION ‘‘(A) the Chief Information Officer shall ‘‘(III) includes a certification by the Agen- BASED ON INTERIM REPORT.— notify the Agency Head of the gross devi- cy Head, after consultation with the Chief ‘‘(i) IN GENERAL.—If the determination of ation; and Information Officer, that all technical and gross deviation is based on a report sub- ‘‘(B) the Agency Head shall fulfill the re- business requirements have been reviewed mitted under subsection (c)(2), the Agency quirements under subsections (e)(2) and (e)(3) and validated to ensure alignment with the Head shall— in accordance with subsection (e)(4).’’. reported business case; ‘‘(I) not later than 45 days after the sub- (b) INCLUSION IN THE BUDGET SUBMITTED TO ‘‘(IV) describes any changes to the primary mission of such report, notify the appro- CONGRESS.—Section 1105(a) of title 31, United business case or key functional requirements priate congressional committees in accord- States Code, is amended— which have occurred since project inception; ance with paragraph (2); and (1) in the matter preceding paragraph (1), and ‘‘(II) not later than 180 days after the sub- by striking ‘‘include in each budget the fol- ‘‘(V) includes an independent government mission of such report, ensure the comple- lowing:’’ and inserting ‘‘include in each cost estimate for the project conducted by tion of remedial action in accordance with budget—’’; an entity approved by the Director; paragraph (3). (2) by redesignating the second paragraph ‘‘(ii) an analysis that— ‘‘(ii) FAILURE TO MEET DEADLINES.—If the (33) (as added by section 889(a) of Public Law ‘‘(I) describes agency business goals that Agency Head fails to meet the deadline de- 107–296) as paragraph (35); the project was originally designed to ad- scribed in clause (i)(II), additional funds may (3) in each of paragraphs (1) through (34), dress; not be obligated to support expenditures as- by striking the period at the end and insert- ‘‘(II) includes a gap analysis of what sociated with the project until the require- ing a semicolon; project deliverables remain in order for the ments of this subsection have been fulfilled. (4) in paragraph (35), as redesignated by agency to accomplish the business goals re- paragraph (2), by striking the period at the ferred to in subclause (I); ‘‘(f) ADDITIONAL REQUIREMENTS FOR CORE end and inserting ‘‘; and’’; and ‘‘(III) identifies the 3 most cost-effective IT INVESTMENT PROJECT REPORTS.— (5) by adding at the end the following: alternative approaches to the project which ‘‘(1) INITIAL REPORT.—If a remedial action ‘‘(36) the reports prepared under section would achieve the business goals referred to plan described in subsection (e)(3)(A) has not 11317(f) of title 40, United States Code, relat- in subclause (I); and been submitted for a core IT investment ing to the core IT investment projects of the ‘‘(IV) includes a cost-benefit analysis, project, the Agency Head, in coordination which compares— with the Chief Information Officer and re- agency.’’. ‘‘(aa) the completion of the project with sponsible program managers, shall prepare (c) IMPROVEMENT OF INFORMATION TECH- the completion of each alternative approach, an initial report for inclusion in the first NOLOGY ACQUISITION AND DEVELOPMENT.— after factoring in future costs associated budget submitted to Congress under section Subchapter II of chapter 113 of title 40, with the termination of the project; and 1105(a) of title 31, United States Code, after United States Code, is amended by adding at ‘‘(bb) the termination of the project with- the designation of a project as a core IT in- the end the following: out pursuit of alternatives, after factoring in vestment project, which includes— ‘‘SEC. 11319. ACQUISITION AND DEVELOPMENT. foregone benefits; and ‘‘(A) a description of the primary business ‘‘(a) PURPOSE.—The objective of this sec- ‘‘(iii) a new baseline of the project is estab- case and key functional requirements for the tion is to significantly reduce— lished that is consistent with the inde- project; ‘‘(1) cost overruns and schedule slippage pendent government cost estimate required ‘‘(B) an identification and description of from the estimates established at the time under clause (i)(V); and any portions of the project that have tech- the program is initially approved; ‘‘(iv) the project is designated as a core IT nical requirements of sufficient clarity that ‘‘(2) the number of requirements and busi- investment project and subjected to the re- such portions may be feasibly procured ness objectives at the time the program is quirements under subsection (f). under firm, fixed-price contracts; approved that are not met by the delivered ‘‘(B) SUBMISSION TO CONGRESS.—The reme- ‘‘(C) an independent government cost esti- products; and dial action plan and all corresponding re- mate for the project; ‘‘(3) the number of critical defects and seri- ports, analyses, and actions under this para- ‘‘(D) certification by the Chief Information ous defects in delivered information tech- graph shall be submitted to the appropriate Officer that all technical and business re- nology. congressional committees and the Director. quirements have been reviewed and validated ‘‘(b) OMB GUIDANCE.—The Director of the ‘‘(C) REPORTING AND ANALYSIS EXEMP- to ensure alignment with the reported busi- Office of Management and Budget shall— TIONS.— ness case; and ‘‘(1) not later than 180 days after the date ‘‘(i) IN GENERAL.—The Chief Information ‘‘(E) any changes to the primary business of the enactment of this section, prescribe Officer, in coordination with the Agency case or key functional requirements which uniformly applicable guidance for agencies Head and the Director, may forego the com- have occurred since project inception. to implement the requirements of this sec- pletion of any element of a report or analysis ‘‘(2) QUARTERLY REVIEW OF BUSINESS tion, which shall not include any exemptions under clause (i) or (ii) of subparagraph (A) if CASE.—The Agency Head, in coordination to such requirements not specifically author- the Chief Information Officer determines with the Chief Information Officer and re- ized under this section; and that such element is not relevant to the un- sponsible program managers, shall— ‘‘(2) take any actions that are necessary to derstanding of the difficulties facing the ‘‘(A) monitor the primary business case ensure that Federal agencies are in compli- project or that such element does not further and core functionality requirements re- ance with the guidance prescribed pursuant the remedial steps necessary to ensure that ported to Congress and the Director for des- to paragraph (1) not later than 1 year after the project is completed in a timely and ignated core IT investment projects; and the date of the enactment of this section. cost-efficient manner. ‘‘(B) if changes to the primary business ‘‘(c) ESTABLISHMENT OF PROGRAM.—Not ‘‘(ii) IDENTIFICATION OF REASONS.—The case or key functional requirements for a later than 120 days after the date of the en- Chief Information Officer shall include the core IT investment project occur in any fis- actment of this section, each Chief Informa- reasons for not including any element re- cal quarter, submit a report to Congress and tion Officer, upon the approval of the Agency ferred to in clause (i) in the report submitted the Director not later than 14 days after the Head (as defined in section 11317(a) of title to Congress under subparagraph (B). end of such quarter that details the changes 40, United States Code) shall establish a pro- ‘‘(4) DEADLINE AND FUNDING CONTINGENCY.— and describes the impact the changes will gram to improve the information technology ‘‘(A) NOTIFICATION AND REMEDIAL ACTION have on the cost and ultimate effectiveness (referred to in this section as ‘IT’) processes BASED ON QUARTERLY REPORT.— of the project. overseen by the Chief Information Officer.

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‘‘(d) PROGRAM REQUIREMENTS.—Each pro- tronic Government and Information and sess the project in accordance with the scope gram established pursuant to this section Technology at the Office of Management and and time period described in section shall include— Budget (referred to in this section as the ‘‘E- 11317(c)(1) of title 40, United States Code, be- ‘‘(1) a documented process for IT acquisi- Gov Administrator’’), shall assist agencies in ginning not later than 14 days after such rec- tion planning, requirements development avoiding significant and gross deviations in ommendation. No member of the Tiger Team and management, project management and the cost, schedule, and performance of IT in- who is associated with the department or oversight, earned-value management, and vestment projects (as such terms are defined agency whose IT investment project is the risk management; in section 11317(a) of title 40, United States subject of the assessment may be assigned to ‘‘(2) the development of appropriate Code). participate in this assessment. Such limita- metrics that can be implemented and mon- (b) IT TIGER TEAM.— tion may not be construed as precluding ac- itored on a real-time dashboard for perform- (1) ESTABLISHMENT.—Not later than 180 cess to anyone having relevant information ance measurement of— days after the date of the enactment of this helpful to the conduct of the assessment. ‘‘(A) processes and development status of Act, the E-Gov Administrator shall establish (2) If the E-Gov Administrator determines investments; a small group of individuals (referred to in that 1 or more qualified consultants are ‘‘(B) continuous process improvement of this section as the ‘‘IT Tiger Team’’) to needed to support the efforts of the IT Tiger the program; and carry out the purpose described in subsection Team under paragraph (1), negotiate a con- ‘‘(C) achievement of program and invest- (a). tract with the consultant to provide such ment outcomes; (2) QUALIFICATIONS.—Individuals selected support during the period in which the IT ‘‘(3) a process to ensure that key program for the IT Tiger Team— Tiger Team is conducting the assessment de- personnel have an appropriate level of expe- (A) shall be certified at the Senior/Expert scribed in paragraph (1). rience, training, and education, at an insti- level according to the Federal Acquisition (3) Ensure that the costs of an assessment tution or institutions approved by the Direc- Certification for Program and Project Man- under paragraph (1) and the support services tor, in the planning, acquisition, execution, agers (FAC–P/PM); of 1 or more consultants under paragraph (2) management, and oversight of IT; (B) shall have comparable education, cer- are paid by the major IT investment project ‘‘(4) a process to ensure that the agency tification, training, and experience to suc- being assessed. implements and adheres to established proc- cessfully manage high-risk IT investment (4) Monitor the progress made by the IT esses and requirements relating to the plan- projects; or Tiger Team in assessing the project. (C) shall have expertise in the successful ning, acquisition, execution, management, (e) REDUCTION OF SIGNIFICANT OR GROSS DE- management or oversight of planning, archi- and oversight of IT programs and develop- VIATION.—If the E-Gov Administrator deter- ments; and tecture, process, integration, or other tech- mines that the assessment conducted under ‘‘(5) a process for the Chief Information Of- nical and management aspects using proven subsection (d) confirms that a major IT in- ficer to intervene or stop the funding of an process best practices on high-risk IT invest- vestment project is likely to significantly or IT investment if it is at risk of not achieving ment projects. grossly deviate, the E-Gov Administrator major project milestones. (3) NUMBER.—The Director, in consultation shall recommend that the Agency Head (as ‘‘(e) ANNUAL REPORT TO OMB.—Not later with the E-Gov Administrator, shall deter- defined in section 11317(a)(1) of title 40, than the last day of February of each year, mine the number of individuals who will be United States Code) take steps to reduce the the Agency Head shall submit a report to the selected for the IT Tiger Team. deviation, which may include— (c) OUTSIDE CONSULTANTS.— Office of Management and Budget that in- (1) providing training, education, or men- (1) IDENTIFICATION.—The E-Gov Adminis- cludes— toring to improve the qualifications of the trator shall identify consultants in the pri- ‘‘(1) a detailed summary of the accomplish- program manager; vate sector who have expert knowledge in IT ments of the program established by the (2) replacing the program manager or other program management and program manage- Agency Head pursuant to this section; staff; ment review teams. Not more than 20 per- ‘‘(2) the status of completeness of imple- (3) supplementing the program manage- cent of such consultants may be formally as- mentation of each of the program require- ment team with Federal Government em- sociated with any 1 of the following types of ments, and the date each such requirement ployees or independent contractors; entities: was deemed to be completed; (4) terminating the project; or (A) Commercial firms. ‘‘(3) the percentage of Federal IT projects (5) hiring an independent contractor to re- (B) Nonprofit entities. covered under the program compared to all port directly to senior management and the (C) Federally funded research and develop- of the IT projects of the agency, listed by E-Gov Administrator. ment centers. number of programs and by annual dollars (f) REPROGRAMMING OF FUNDS.— (2) USE OF CONSULTANTS.— expended; (1) AUTHORIZATION.—The Director may di- ‘‘(4) a detailed breakdown of the sources (A) IN GENERAL.—Consultants identified under paragraph (1) may be used to assist the rect an Agency Head to reprogram amounts and uses of the amounts spent by the agency which have been appropriated for such agen- during the previous fiscal year to support IT Tiger Team in assessing and improving IT investment projects. cy to pay for an assessment under subsection the activities of the program; (d). ‘‘(5) a copy of any guidance issued under (B) LIMITATION.—Consultants with a for- mally established relationship with an orga- (2) NOTIFICATION.—An Agency Head who re- the program and a statement regarding programs appropriations under paragraph (1) whether each such guidance is mandatory; nization may not participate in any assess- ment involving an IT investment project for shall notify the Committee on Appropria- ‘‘(6) the identification of the metrics devel- tions of the Senate and the Committee on oped in accordance with subsection (b)(2); which such organization is under contract to provide technical support. Appropriations of the House of Representa- ‘‘(7) a description of how paragraphs (3) and tives of any such reprogramming. (C) EXCEPTION.—The limitation described (4) of subsection (b) have been implemented (g) REPORT TO CONGRESS.—The Director and any related agency guidance; and in subparagraph (B) may not be construed as precluding access to anyone having relevant shall include in the annual Report to Con- ‘‘(8) a description of how agencies will con- gress on the Benefits of E-Government Ini- tinue to review and update the implementa- information helpful to the conduct of the as- sessment. tiatives a detailed summary of the composi- tion and objectives of such guidance. tion and activities of the IT Tiger Team, in- ‘‘(f) ANNUAL REPORT TO CONGRESS.—The Di- (3) CONTRACTS.—The E-Gov Administrator, cluding— rector of the Office of Management and in conjunction with the Administrator of the (1) the number and qualifications of indi- Budget shall provide an annual report to General Services Administration (GSA), may viduals on the IT Tiger Team; Congress on the status and implementation establish competitively bid contracts with 1 (2) a description of the IT investment of the program established pursuant to this or more qualified consultants, independent projects that the IT Tiger Team has worked section.’’. of any GSA schedule. during the previous fiscal year; (d) CLERICAL AMENDMENTS.—The table of (d) INITIAL RESPONSE TO ANTICIPATED SIG- (3) the major issues that necessitated the sections for chapter 113 of title 40, United NIFICANT OR GROSS DEVIATION.—If the E-Gov involvement of the IT Tiger Team to assist States Code, is amended— Administrator determines there is reason- agencies with assessing and managing IT in- (1) by striking the item relating to section able cause to believe that a major IT invest- vestment projects and whether such issues 11317 and inserting the following: ment project is likely to significantly or grossly deviate (as defined in section 11317(a) were satisfactorily resolved; ‘‘11317. Significant and gross deviations.’’; of title 40, United States Code), including the (4) if the issues referred to in paragraph (3) and receipt of inconsistent or missing data, or if were not satisfactorily resolved, the issues (2) by inserting after the item relating to the E–Gov Administrator determines that still needed to be resolved and the Agency section 11318 the following: the assignment of 1 or more members of the Head’s plan for resolving such issues; ‘‘11319. Acquisition and development.’’. IT Tiger Team could meaningfully reduce (5) a detailed breakdown of the sources and SEC. 5. IT TIGER TEAM. the possibility of significant or gross devi- uses of the amounts spent by the Office of (a) PURPOSE.—The Director of the Office of ation, the E-Gov Administrator shall carry Management and Budget and other Federal Management of Budget (referred to in this out the following activities: agencies during the previous fiscal year to section as the ‘‘Director’’), in consultation (1) Recommend the assignment of 1 or support the activities of the IT Tiger Team; with the Administrator of the Office of Elec- more members of the IT Tiger Team to as- and

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4823 (6) a determination of whether the IT Tiger in the burgeoning estimate for the life- When the GAO reviewed a random Team has been effective in— cycle cost of the 2010 Census. The Bu- sampling of these major Federal IT (A) preventing projects from deviating reau initially estimated that the 2010 projects, they found that 85—nearly from the original baseline; and Census would cost the taxpayers about half the sample—had been (B) assisting agencies in conducting appro- priate analysis and planning before a project $11.3 billion dollars; today, the esti- ‘‘rebaselined.’’ Eighteen of those is funded. mated cost is more than $14 billion. projects have been rebaselined three or SEC. 6. AWARDS FOR PERSONNEL FOR EXCEL- Another example is the Department more times. For example, the Depart- LENCE IN THE ACQUISITION OF IN- of Homeland Security’s, DHS, efforts ment of Defense Advanced Field Artil- FORMATION SYSTEMS AND INFOR- since 2004 to integrate its financial lery Tactical Data System has been MATION TECHNOLOGY. management systems. DHS spent ap- rebaselined four times; a Veterans Af- (a) IN GENERAL.—Not later than 180 days after the enactment of this Act, the Director proximately $52 million on one failed fairs Health Administration Center of the Office of Personnel Management shall attempt before abandoning the project project has been rebaselined 6 times. develop policy and guidance for agencies to nearly two years later. According to Rebaselining can reflect funding develop a program to recognize excellent GAO, this attempt likely failed be- changes, revisions in project scope or performance by Federal Government em- cause DHS had not developed an over- goals, and other perfectly reasonable ployees and teams of such employees in the all financial management trans- project modifications. But as the GAO acquisition of information systems and in- formation strategy that included finan- notes, ‘‘[rebaselining] can also be used formation technology for the agency. (b) ELEMENTS.—The program referred to in cial management policies and proce- to mask cost overruns and schedule subsection (a) shall, to the extent prac- dures, standard business processes, a delays.’’ All major federal agencies ticable— human capital strategy, and effective have rebaselining policies, but the GAO (1) obtain objective outcome measures; and internal controls. DHS spent approxi- concludes that they are not com- (2) include procedures for— mately $52 million and now has little, prehensive and that ‘‘none of the poli- (A) the nomination of Federal Government if anything, to show for it. cies are fully consistent with best prac- employees and teams of such employees for The Department of Homeland Secu- tices.’’ eligibility for recognition under the pro- rity is now attempting another consoli- The bill that Senator CARPER and I gram; and (B) the evaluation of nominations for rec- dation of its financial information are introducing will go far toward ad- ognition under the program by 1 or more technology systems. It is essential dressing the weaknesses identified by agency panels of individuals from govern- that, this time, the Department suffi- the GAO and will reduce the risks that ment, academia, and the private sector who ciently plan and monitor its cost, important Federal IT projects will drag have such expertise, and are appointed in schedule, and performance targets. on far beyond deadlines, fail to deliver such a manner, as the Director of the Office During the 108th Congress, the Com- intended capabilities, or waste tax- of Personal Management shall establish for mittee on Governmental Affairs inves- payers’ money. purposes of the program. tigated the botched automated record- Our bill will improve both agency (c) AWARD OF CASH BONUSES.—As part of the program referred to in subsection (a), the keeping project for the federal employ- and Congressional oversight of large Director of the Office of Personnel Manage- ees’ Thrift Savings Plan, TSP. This Federal IT projects. For all major in- ment, in consultation with the Director of project was terminated in 2001 after a vestments, the bill requires agencies to the Office of Management and Budget, shall four-year contract produced $36 million track the Earned Value Management establish policies and guidance for agencies in waste that was charged to the ac- index, a key cost and performance to award to any Federal Government em- counts of TSP participants and bene- measure, and to alert Congress should ployee or teams of such employees recog- ficiaries. A second vendor needed an that measure fall below a defined nized pursuant to the program a cash bonus additional $33 million to bring the sys- threshold. authorized by any other provision of law to the extent that the performance of such indi- tem online, years overdue and costing The bill requires additional reports vidual so recognized warrants the award of more than double its original estimate. to Congress as well as specific correc- such bonus under such provision of law. In a 2004 letter from the Federal Re- tive actions should those same indica- Ms. COLLINS. Mr. President. I am tirement Thrift Investment Board to tors continue to worsen. Further, be- pleased to join Senator CARPER in re- the Governmental Affairs Committee, cause the bill’s performance thresholds introducing a bill that will improve the Board characterized the project as are based on original cost baselines, re- agency performance and Congressional ‘‘ill-fated,’’ and acknowledged the im- baselining can no longer serve as a tac- oversight of major federal information- portance of careful planning, task defi- tic to hide troubled projects. Where se- technology, IT, projects. We introduced nition, communication, proper per- vere shortfalls remain uncorrected, this bill last Congress and offer it for sonnel, and risk management—all of agencies are prohibited from commit- consideration again because it will which were lacking on that project. ting additional funds to the project strengthen oversight of technology in- Large IT project failures have cost until the required corrective actions vestments to help prevent the waste US taxpayers literally billions of dol- are taken. and misuse of taxpayer dollars. lars in wasted expenditures. Perhaps Our bill would not make Congress a The well-publicized cost and perform- even more troubling is the fact that micro-manager of Federal projects—es- ance problems with the Census Bu- when Federal IT projects fail, they can pecially in so complex a field as infor- reau’s handheld computers for the 2010 undermine the government’s ability to mation technology. But it will ensure Census—with its troubling implica- defend the nation, enforce its laws, or that, for these important investments, tions for the next House reapportion- deliver critical services to citizens. agencies will be required to track key ment and for the allocation of Federal Again and again, we have seen IT performance metrics, inform Congress funds—represent only the most recent project failures grounded in poor plan- of shortfalls in those metrics, and pro- and conspicuous failure in a long trail ning, ill-defined and shifting require- vide Congress with follow-up reports, of troubles that also includes critical ments, undisclosed difficulties, poor independent cost estimates, and anal- IT projects like the FBI’s Virtual Case risk management, and lax monitoring yses of project alternatives when the File initiative. of performance. original projects have run off course. The 2010 Census is notable among Unfortunately, as the Government The bill also provides that each cov- projects that have drawn our atten- Accountability Office, GAO, continues ered agency identify to Congress their tion, not only because of its great to report, Federal IT projects still fall top mission-critical projects. Those scope and expense, but because of its short in their use of effective oversight ‘‘core investments’’ would be subject to history of unheeded cautions. For techniques to monitor development additional upfront planning, reporting, years, warnings of potential dangers and to spot signs of possible trouble. and performance monitoring require- came from experts sought out by the The GAO reported that the Federal ments. This will help ensure that agen- Census Bureau itself and from the Government spent over $71 billion in cies apply extra vigilance to these Commerce Department’s own Inspector fiscal year 2009 on IT projects. Most of projects at the planning stage, and not General. that spending was concentrated in two just when execution begins. The implications of this lack of prop- dozen agencies that have approxi- In addition to tracking cost and er planning and oversight are evident mately 800 major projects underway. schedule slippage, agencies making

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4824 CONGRESSIONAL RECORD — SENATE April 28, 2009 core IT investments must provide a tional security systems, establish secu- ‘‘(b) In this subchapter: complete ‘‘business case’’ that outlines rity standards for Government pur- ‘‘(1) The term ‘adequate security’ means the need for the project and its associ- chased products and services, and for security commensurate with the risk and ated costs and schedules; produce a rig- other purposes; to the Committee on magnitude of harm resulting from the loss, Homeland Security and Governmental misuse, or unauthorized access to, or modi- orous, independent, third-party esti- fication, of information. mate of the project’s full, life-cycle Affairs. ‘‘(2) The term ‘Director’ means the Direc- costs; have the agency CIO certify the Mr. CARPER. Mr. President, I ask tor of the National Office for Cyberspace. project’s functional requirements; unanimous consent that the text of the ‘‘(3) The term ‘incident’ means an occur- track these functional requirements; bill be printed in the RECORD. rence that actually or potentially jeopard- and report to Congress any changes in There being no objection, the text of izes the confidentiality, integrity, or avail- functional requirements, including the bill was ordered to be placed in the ability of an information system or the in- whether those changes concealed a RECORD, as follows: formation the system processes, stores, or transmits or that constitutes a violation or major cost increase. S. 921 Be it enacted by the Senate and House of Rep- imminent threat of violation of security To help agencies deliver IT projects policies, security procedures, or acceptable on time and on budget, the bill also resentatives of the United States of America in Congress assembled, use policies. provides two new support mechanisms. SECTION 1. SHORT TITLE. ‘‘(4) The term ‘information infrastructure’ First, agency heads would be re- This Act may be cited as the ‘‘United means the underlying framework that infor- quired to establish an internal IT-man- States Information and Communications En- mation systems and assets rely on in proc- agement program, subject to OMB hancement Act of 2009’’ or the ‘‘U.S. ICE Act essing, transmitting, receiving, or storing in- guidelines, to improve project plan- of 2009’’. formation electronically. ‘‘(5) The term ‘information security’ means ning, requirements development, and SEC. 2. FINDINGS. The Congress finds the following: protecting information and information sys- management of earned value and risk. tems from unauthorized access, use, disclo- Second, the Director of OMB and its (1) The development of an interconnected global information infrastructure has sig- sure, disruption, modification, or destruction E-Gov Administrator would be required nificantly enhanced the productivity, pros- in order to provide— to establish an IT Tiger Team of ex- perity, and collaboration of people, business, ‘‘(A) integrity, which means guarding perts and independent consultants that and governments worldwide. against improper information modification can be assigned to help agencies reform (2) The information infrastructure of the or destruction, and includes ensuring infor- troubled projects. In addition, the E- United States is a strategic national re- mation nonrepudiation and authenticity; Gov Administrator can recommend source vital to our democracy, economy, and ‘‘(B) confidentiality, which means pre- serving authorized restrictions on access and that agency heads mentor or replace an security. (3) The Federal Government must increas- disclosure, including means for protecting IT project manager, reinforce the man- ingly rely on a trusted and resilient informa- personal privacy and proprietary informa- agement team, terminate the project, tion infrastructure to effectively and effi- tion; and or hire an independent contractor to ciently communicate with and deliver serv- ‘‘(C) availability, which means ensuring report on the project. ices to citizens, enhance economic pros- timely and reliable access to and use of in- These and other provisions will help perity, defend the Nation from attack, and formation. improve project planning, avoid prob- recover from natural disasters. ‘‘(6) The term ‘information technology’ has lems in project execution, provide (4) Since 2002 the Federal Government has the meaning given that term in section 11101 of title 40. early alerts when problems arise, and experienced multiple high-profile breaches that resulted in the theft of sensitive infor- ‘‘(7)(A) The term ‘national security sys- promote prompt corrective action. mation amounting to more than the entire tem’ means any information system (includ- In projects where difficulties persist, print collection contained in the Library of ing any telecommunications system) used or our bill provides strong remedies. For Congress, including personally identifiable operated by an agency or by a contractor of projects that exhibit a performance information, advanced scientific research, an agency, or other organization on behalf of shortfall of 20 percent or more, the and prenegotiated United States diplomatic an agency— agency head involved must not only positions. ‘‘(i) the function, operation, or use of alert Congress but also provide a sum- (5) On March 12, 2008 witnesses testified be- which— fore a hearing held by the Subcommittee on ‘‘(I) involves intelligence activities; mary of a concrete plan of action to Federal Financial Management, Government ‘‘(II) involves cryptologic activities related correct the problem. If the shortfall ex- Information, Federal Services, and Inter- to national security; ceeds 40 percent, agencies have six national Security of the Committee on ‘‘(III) involves command and control of months to take required remedial steps Homeland Security and Governmental Af- military forces; or else suspend further project spend- fairs of the Senate that— ‘‘(IV) involves equipment that is an inte- ing until those steps are completed. (A) implementation of the Federal Infor- gral part of a weapon or weapons system; or If the provisions of this bill had been mation Security Management Act of 2002 ‘‘(V) subject to subparagraph (B), is crit- in force during the past decade, early (Public Law 107–296; 116 Stat. 2135) wastes ical to the direct fulfillment of military or agency resources on paperwork exercise in- indicators of trouble and prompt warn- intelligence missions; or stead of security; ‘‘(ii) is protected at all times by procedures ings to Congress might have helped (B) agencies do not fully understand what established for information that have been prevent much of the added cost, de- information they hold, who has access to specifically authorized under criteria estab- creased functionality, and increased that information, and whether the informa- lished by an Executive order or an Act of anxiety we now see surrounding the tion has been compromised; and Congress to be kept classified in the interest handheld computers that were intended (C) agencies lack effective coordination for of national defense or foreign policy. to streamline the 2010 Census. The ad- mitigating and responding to cyber-related ‘‘(B) Subparagraph (A)(i)(V) does not in- ditional scrutiny of plans and costs re- incidents. clude a system that is to be used for routine (6) The Federal Information Security Man- quired by this bill might have saved administrative and business applications (in- agement Act of 2002 (Public Law 107–296; 116 cluding payroll, finance, logistics, and per- some of the billions wasted on other IT Stat. 2135) needs to be amended to increase sonnel management applications). projects that ultimately landed on the coordination of agency activities to en- ‘‘§ 3552. National Office for Cyberspace high-risk lists. hance situational awareness throughout the ‘‘(a) There is established within the Execu- I urge every Senator to support this Federal Government using more effective en- tive Office of the President an office to be much-needed and bipartisan bill. terprise-wide automated monitoring, detec- known as the National Office for Cyberspace. tion, and response capabilities. ‘‘(b) There shall be at the head of the Office By Mr. CARPER: SEC. 3. COORDINATION OF FEDERAL INFORMA- a Director who shall be appointed by the S. 921. A bill to amend chapter 35 of TION POLICY. President, by and with the advice and con- title 44, United States Code, to recog- Chapter 35 of title 44, United States Code, sent of the Senate. The Director of the Na- is amended by striking subchapters II and III nize the interconnected nature of the tional Office for Cyberspace shall administer and inserting the following: all functions under this subchapter and col- Internet and agency networks, improve ‘‘SUBCHAPTER II—INFORMATION situational awareness of Government laborate to the extent practicable with the SECURITY heads of the appropriate agencies, the pri- cyberspace, enhance information secu- ‘‘§ 3551. Definitions vate sector, and international partners. The rity of the Federal Government, unify ‘‘(a) Except as provided under subsection Office shall serve as the principal office for policies, procedures, and guidelines for (b), the definitions under section 3502 shall coordinating issues relating to achieving an securing information systems and na- apply to this subchapter. assured, reliable, secure, and survivable

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4825 global information and communications in- curity programs required under section ‘‘(g)(1) In collaboration with the private frastructure and related capabilities. 3554(b); and sector and in coordination with the Director ‘‘§ 3553. Authority and functions of the Na- ‘‘(8) coordinate information security poli- of the Office of Management and Budget, the tional Office for Cyberspace cies and procedures with related information National Institute of Standards and Tech- ‘‘(a) The Director shall develop and imple- resources management policies and proce- nology, and the General Service Administra- ment a comprehensive national cyberspace dures. tion, the Director shall develop and imple- strategy to ensure a trusted and resilient ‘‘(d)(1) After consultation with the appro- ment policy, guidance, and regulations that communications and information infrastruc- priate agencies, the Director shall oversee cost effectively enhance the security of the the effective implementation of government- tures that— Federal Government, including policy, guid- wide operational evaluations on a frequent ‘‘(1) enhances economic prosperity and fa- ance, and regulations that— and recurring basis to evaluate whether cilitates market leadership for the United ‘‘(A) to the extent practicable, standardize agencies effectively— States information and communications in- security requirements (also known as ‘lock- ‘‘(A) monitor, detect, analyze, protect, re- dustry; down configurations’) of commercial off-the- port, and respond against known ‘‘(2) deters, prevents, detects, defends shelf products and services (including cloud vulnerabilities, attacks, and exploitations; against, responds to, and remediates inter- products and services) purchased by the Fed- ‘‘(B) report to and collaborate with the ap- ruptions and damage to United States infor- eral Government; propriate public and private security oper- mation and communications infrastructure; ‘‘(B) to the extent practicable, obtain prod- ation centers and law enforcement agencies; ‘‘(3) ensures United States capabilities to ucts and services with security configuration and operate in cyberspace in support of national baselines consistent with available security ‘‘(C) mitigate the risk posed by previous goals; and standards and configurations and guidelines successful exploitations in a timely fashion ‘‘(4) protects privacy rights and preserving developed by the National Institute of and in order to prevent future civil liberties of United States persons. Standards and Technology; ‘‘(b) Notwithstanding any provision of law, vulnerabilities, attacks, and exploitations. ‘‘(C) incentivize agencies to purchase regulation, rule, or policy to the contrary, ‘‘(2) Not later than 30 days after receiving standard products and services through the the National Office for Cyberspace may— an operational evaluation under this sub- General Service Administration in order to ‘‘(1) direct the sponsorship of the security section, the Director shall ensure agencies reduce the vulnerabilities and costs associ- clearances for Federal officers and employ- evaluated under paragraph (1) develop a plan ated with custom products and services; and ees (including experts and consultants em- for addressing recommendations and miti- ployed under section 3109) whose responsibil- gating vulnerabilities contained in the secu- ‘‘(D) enable purchasing decisions to reason- ities involve critical infrastructure in the in- rity reports identified under paragraph (1), ably and appropriately account for signifi- terest of national security; and including a timeline and budget for imple- cant supply chain security risks associated ‘‘(2) employ experts and consultants under menting such plan. with any particular product or service. section 3109 for cyber security-related work. ‘‘(e) Not later than March 1 of each year, ‘‘(2) Not later than 180 days after the date ‘‘(c) With respect to responsibilities with the Director shall submit a report to Con- of enactment of the United States Informa- the Federal Government, the National Office gress on the overall information security tion and Communications Enhancement Act for Cyberspace shall— posture of the communications and informa- of 2009, and annually thereafter, the Director tion infrastructure of the United States, in- ‘‘(1) provide recommendations to agencies shall submit a report to Congress that in- cluding— on measures that shall be required to be im- cludes— ‘‘(1) the evaluations conducted under sub- plemented to mitigate vulnerabilities, at- ‘‘(A) a description of the cost savings and section (d) for the United States Govern- tacks, and exploitations discovered as a re- security enhancements that can be achieved ment; sult of activities required pursuant to this by using the purchasing power of the Federal ‘‘(2) a detailed assessment of the overall re- section; Government; and ‘‘(2) oversee the implementation of poli- siliency of the communications and informa- ‘‘(B) recommendations for legislative or cies, principles, standards, and guidelines on tion infrastructure effectiveness of the executive branch actions necessary to information security, including through en- United States and the United States Govern- achieve such cost savings. suring timely agency adoption of and com- ment including the ability to monitor, de- pliance with standards promulgated under tect, mitigate, and respond to an incident; ‘‘§ 3554. Agency responsibilities section 3556; ‘‘(3) a detailed assessment the information ‘‘(3) to the extent practicable— security effectiveness of each agency, includ- ‘‘(a) The head of each agency shall— ‘‘(A) prioritize the policies, principles, ing the ability to monitor, detect, mitigate, ‘‘(1) be responsible for— standards, and guidelines developed under collaborate, and respond to an incident; ‘‘(A) providing information security pro- section 3556 based upon the threat, vulner- ‘‘(4) a detailed assessment of operational tections commensurate with the risk and ability and consequences of an information evaluations performed during the preceding magnitude of the harm resulting from unau- security incident; and fiscal year, the results of such evaluations, thorized access, use, disclosure, disruption, ‘‘(B) develop guidance that requires agen- and any actions that remain to be taken modification, or destruction of— cies to actively monitor the effective imple- under plans included in corrective action re- ‘‘(i) information collected or maintained mentation of policies, principles, standards, ports under subsection (d); by or on behalf of the agency; and and guidelines developed under section 3556; ‘‘(5) a detailed assessment of the develop- ‘‘(ii) information systems used or operated ‘‘(4) require agencies, consistent with the ment, promulgation, and adoption of, and by an agency or by a contractor of an agency standards promulgated under such section compliance with, standards developed under or other organization on behalf of an agency; 3556 and the requirements of this subchapter, section 20 of the National Institute of Stand- ‘‘(B) complying with the requirements of to identify and provide information security ards and Technology Act (15 U.S.C. 278g–3) this subchapter and related policies, proce- protections commensurate with the risk and and promulgated under section 3554, and rec- dures, standards, and guidelines, including— magnitude of the harm resulting from the ommendations for enhancement; ‘‘(i) information security standards pro- unauthorized access, use, disclosure, disrup- ‘‘(6) a detailed assessment of significant mulgated under section 3556; tion, modification, or destruction of— deficiencies in the information security and ‘‘(ii) information security standards and ‘‘(A) information collected or maintained reporting practices of the Federal Govern- guidelines for national security systems by or on behalf of an agency; or ment as applicable to each agency; issued in accordance with law and as di- ‘‘(B) information systems used or operated ‘‘(7) planned remedial action to address de- rected by the President; and by an agency or by a contractor of an agency ficiencies described under paragraph (6), in- ‘‘(iii) ensuring the standards implemented or other organization on behalf of an agency; cluding an associated budget and rec- for information systems and national secu- ‘‘(5) coordinate and ensure that the devel- ommendations for relevant executive and rity systems under the agency head are com- opment of standards and guidelines under legislative branch actions; plementary and uniform, to the extent prac- section 20 of the National Institute of Stand- ‘‘(8) a summary of the results of the inde- ticable; and ards and Technology Act (15 U.S.C. 278g–3) pendent evaluations under section 3555; and ‘‘(C) ensuring that information security and standards and guidelines developed for ‘‘(9) a detailed assessment of the effective- management processes are integrated with national security systems are, to the max- ness of reporting to the National Cyber In- agency strategic and operational planning imum extent practicable, complementary vestigative Joint Task Force under section processes; and unified; 3554. ‘‘(2) ensure that senior agency officials pro- ‘‘(6) oversee agency compliance with the ‘‘(f) Evaluations and any other descriptions vide information security for the informa- requirements of this subchapter, including of information systems under the authority tion and information systems that support coordinating with the Office of Management and control of the Director of National Intel- the operations and assets under their con- and Budget to use any authorized action ligence or of National Foreign Intelligence trol, including through— under section 11303 of title 40, to enforce ac- Programs systems under the authority and ‘‘(A) assessing the risk and magnitude of countability for compliance with such re- control of the Secretary of Defense shall be the harm that could result from the unau- quirements; made available to Congress only through the thorized access, use, disclosure, disruption, ‘‘(7) review at least annually, and approv- appropriate oversight committees of Con- modification, or destruction of such informa- ing or disapproving, agency information se- gress, in accordance with applicable laws. tion or information systems;

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4826 CONGRESSIONAL RECORD — SENATE April 28, 2009 ‘‘(B) determining the levels of information of this subchapter and related policies, pro- identified in the inventory required under security appropriate to protect such infor- cedures, standards, and guidelines; section 3505(b); and mation and information systems in accord- ‘‘(5) ensure that the agency Chief Informa- ‘‘(B) management, operational, and tech- ance with standards promulgated under sec- tion Security Officer, in coordination with nical controls relied on for an evaluation tion 3556, for information security classifica- other senior agency officials, reports bian- under section 3555; tions and related requirements; nually to the agency head on the effective- ‘‘(8) a process for planning, implementing, ‘‘(C) implementing policies and procedures ness of the agency information security pro- evaluating, and documenting remedial ac- to cost effectively reduce risks to an accept- gram, including progress of remedial actions; tion to address any deficiencies in the infor- able level; and and mation security policies, procedures, and ‘‘(D) continuously testing and evaluating ‘‘(6) ensure that the Chief Information Se- practices of the agency; information security controls and techniques curity Officer possesses necessary qualifica- ‘‘(9) to the extent practicable, continuous to ensure that they are effectively imple- tions, including education, professional cer- technical monitoring for detecting, report- mented; tifications, training, experience, and the se- ing, and responding to security incidents, ‘‘(3) delegate to an agency official des- curity clearance required to administer the consistent with standards and guidelines ignated as the Chief Information Security functions described under this subchapter; issued by the Director, including— Officer the authority to ensure and enforce and has information security duties as the ‘‘(A) mitigating risks associated with such compliance with the requirements imposed primary duty of that official. incidents before substantial damage is done; ‘‘(B) notifying and consulting with the ap- on the agency under this subchapter, includ- ‘‘(b) Each agency shall develop, document, propriate security operations response cen- ing— and implement an agencywide information ter; and ‘‘(A) overseeing the establishment and security program, approved by the Director ‘‘(C) notifying and consulting with, as ap- maintenance of a security operations capa- under section 3553(a)(5), to provide informa- propriate— bility that on an automated and continuous tion security for the information and infor- ‘‘(i) law enforcement agencies and relevant basis can— mation systems that support the operations Offices of Inspectors General; ‘‘(i) detect, report, respond to, contain, and and assets of the agency, including those ‘‘(ii) the National Office for Cyberspace; mitigate incidents that impair adequate se- provided or managed by another agency, con- and curity of the information and information tractor, or other source, that includes— ‘‘(iii) any other agency or office, in accord- infrastructure, in accordance with policy ‘‘(1) periodic assessments— ance with law or as directed by the Presi- provided by the Director, in consultation ‘‘(A) of the risk and magnitude of the harm dent; and with the Chief Information Officers Council, that could result from the unauthorized ac- ‘‘(10) plans and procedures to ensure con- and guidance from the National Institute of cess, use, disclosure, disruption, modifica- tinuity of operations for information sys- Standards and Technology; tion, or destruction of information and infor- tems that support the operations and assets ‘‘(ii) collaborate with the National Office mation systems that support the operations of the agency. for Cyberspace and appropriate public and and assets of the agency; and ‘‘(c) Each agency shall— private sector security operations centers to ‘‘(B) that recommend a prioritized descrip- ‘‘(1) submit an annual report on the ade- address incidents that impact the security of tion of which data and applications should be quacy and effectiveness of information secu- information and information infrastructure removed or migrated to more secure net- rity policies, procedures, and practices, and that extend beyond the control of the agen- works or standards; compliance with the requirements of this cy; and ‘‘(2) penetration tests commensurate with subchapter, including compliance with each ‘‘(iii) not later than 24 hours after dis- risk (as defined by the National Institute of requirement of subsection (b) to— covery of any incident described under sub- Standards and Technology and the National ‘‘(A) the National Office for Cyberspace; paragraph (A), unless otherwise directed by Office for Cyberspace) for agency informa- ‘‘(B) the Committee on Homeland Security policy of the National Office for Cyberspace, tion systems; and and Governmental Affairs of the Senate; provide notice to the appropriate security ‘‘(3) information security vulnerabilities ‘‘(C) the Committee on Commerce, Science, operations center, the National Cyber Inves- are mitigated based on the risk posed to the and Transportation of the Senate; tigative Joint Task Force, and inspector agency; ‘‘(D) the Committee on Government Over- general; ‘‘(4) policies and procedures that— sight and Reform of the House of Represent- ‘‘(B) collaborating with the Administrator ‘‘(A) are based on the risk assessments re- atives; for E–Government and the Chief Information quired by paragraph (1); ‘‘(E) the Committee on Homeland Security Officer to establish, maintain, and update an ‘‘(B) cost effectively reduce information se- of the House of Representatives; enterprise network, system, storage, and se- curity risks to an acceptable level; ‘‘(F) other appropriate authorization and curity architecture framework documenta- ‘‘(C) ensure that information security is appropriations committees of Congress; and tion to be submitted quarterly to the Na- addressed throughout the life cycle of each ‘‘(G) the Comptroller General. tional Office for Cyberspace and the appro- agency information system; and ‘‘(2) address the adequacy and effectiveness priate security operations center, that in- ‘‘(D) ensure compliance with— of information security policies, procedures, cludes— ‘‘(i) the requirements of this subchapter; and practices in plans and reports relating ‘‘(i) documentation of how technical, man- ‘‘(ii) policies and procedures as may be pre- to— agerial, and operational security controls scribed by the Director, and information se- ‘‘(A) annual agency budgets; are implemented throughout the agency’s in- curity standards promulgated under section ‘‘(B) information resources management of formation infrastructure; and 3556; this subchapter; ‘‘(ii) documentation of how the controls de- ‘‘(iii) minimally acceptable system con- ‘‘(C) information technology management scribed under subparagraph (A) maintain the figuration requirements, as determined by under this chapter; appropriate level of confidentiality, integ- the Director; and ‘‘(D) program performance under sections rity, and availability of information and in- ‘‘(iv) any other applicable requirements, 1105 and 1115 through 1119 of title 31, and sec- formation systems based on— including standards and guidelines for na- tions 2801 and 2805 of title 39; ‘‘(I) the policy of the Director; tional security systems issued in accordance ‘‘(E) financial management under chapter 9 ‘‘(II) the National Institute of Standards with law and as directed by the President; of title 31, and the Chief Financial Officers and Technology guidance; and ‘‘(5) subordinate plans for providing ade- Act of 1990 (31 U.S.C. 501 note; Public Law ‘‘(III) the Chief Information Officers Coun- quate information security for networks, fa- 101–576) (and the amendments made by that cil recommended approaches; cilities, and systems or groups of informa- Act); ‘‘(C) developing, maintaining, and over- tion systems, as appropriate; ‘‘(F) financial management systems under seeing an agency wide information security ‘‘(6) role-based security awareness training the Federal Financial Management Improve- program as required by subsection (b); to inform personnel with access to the agen- ment Act (31 U.S.C. 3512 note); ‘‘(D) developing, maintaining, and over- cy network, including contractors and other ‘‘(G) internal accounting and administra- seeing information security policies, proce- users of information systems that support tive controls under section 3512 of title 31; dures, and control techniques to address all the operations and assets of the agency, of— and applicable requirements, including those ‘‘(A) information security risks associated ‘‘(H) performance ratings, salaries, and bo- issued under sections 3553 and 3556; with their activities; and nuses provided to the Chief Information Se- ‘‘(E) training and overseeing personnel ‘‘(B) their responsibilities in complying curity Officer and supporting personnel tak- with significant responsibilities for informa- with agency policies and procedures designed ing into account program performance; and tion security with respect to such respon- to reduce these risks; ‘‘(3) report any significant deficiency in a sibilities; and ‘‘(7) to the extent practicable, automated policy, procedure, or practice identified ‘‘(F) assisting senior agency officials con- and continuous technical monitoring for under paragraph (1) or (2)— cerning their responsibilities under para- testing, and evaluation of the effectiveness ‘‘(A) as a material weakness in reporting graph (2); and compliance of information security poli- under section 3512 of title 31; and ‘‘(4) ensure that the agency has trained and cies, procedures, and practices, including— ‘‘(B) if relating to financial management cleared personnel sufficient to assist the ‘‘(A) management, operational, and tech- systems, as an instance of a lack of substan- agency in complying with the requirements nical controls of every information system tial compliance under the Federal Financial

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4827 Management Improvement Act (31 U.S.C. ‘‘§ 3556. Responsibilities for Federal informa- (1) is charged with providing response sup- 3512 note). tion systems standards port and defense against cyber attacks for ‘‘(d)(1) In addition to the requirements of ‘‘(a)(1) The Secretary of Commerce shall, agencies and information sharing and col- subsection (c), each agency, in consultation on the basis of standards and guidelines de- laboration with State and local government, with the National Office for Cyberspace, veloped by the National Institute of Stand- industry, and international partners; shall include as part of the performance plan ards and Technology under paragraphs (2) (2) interacts with agencies, industry, the required under section 1115 of title 31 a de- and (3) of section 20(a) of the National Insti- research community, State and local govern- scription of— tute of Standards and Technology Act (15 ments, and others to disseminate reasoned ‘‘(A) the time periods; and U.S.C. 278g–3(a)), prescribe standards and and actionable cyber security information to ‘‘(B) the resources, including budget, staff- guidelines pertaining to information sys- the public; ing, and training, that are necessary to im- tems, including national security systems. (3) provides a way for citizens, businesses, plement the program required under sub- ‘‘(2)(A) Standards prescribed under sub- and other institutions to communicate and section (b). section (a)(1) shall include information secu- coordinate directly with the United States ‘‘(2) The description under paragraph (1) rity standards that— Government about cyber security; and shall be based on the risk assessments re- ‘‘(i) to the extent practicable, are unified (4) has continually enhanced its ability to quired under subsection (b)(2)(1) and oper- with standards and guidelines developed for monitor, detect, and respond to information ational evaluations required under section information systems and national security security incidents that affect the Federal 3553(d). systems to ensure the adequacy and effec- Government. ‘‘(e) Each agency shall provide the public tiveness of information security and infor- (c) COORDINATION WITH US–CERT.—The with timely notice and opportunities for mation sharing; head of each agency shall ensure that the comment on proposed information security ‘‘(ii) provide minimum information secu- Chief Information Officer, Chief Information policies and procedures to the extent that rity requirements as determined under sec- Security Officer, and security operations such policies and procedures affect commu- tion 20(b) of the National Institute of Stand- centers under the direction of that agency nication with the public. ards and Technology Act (15 U.S.C. 278g– head shall establish policies, procedures, and ‘‘§ 3555. Annual independent evaluation 3(b)); and guidance to effectively coordinate with the ‘‘(a)(1) Each year each agency shall have ‘‘(iii) are otherwise necessary to improve Director of US–CERT in a timely fashion to performed an independent evaluation of the the security of information and information detect, report, respond to, contain, and miti- information security program and practices systems, including information stored by gate incidents that impair adequate security of that agency to determine the effectiveness third parties on behalf of the Federal Gov- of the information and information infra- of such program and practices. ernment. structure. ‘‘(2) Each evaluation under this section ‘‘(B) Information security standards de- scribed in subparagraph (A) shall be compul- (d) REVIEW AND APPROVAL.—In coordina- shall consist of— tion with the Administrator for Electronic ‘‘(A) testing of the effectiveness of infor- sory and binding. ‘‘(b) The President may disapprove or mod- Government and Information Technology, mation security policies, procedures, and ify the standards and guidelines referred to the Director of the National Office for Cyber- practices of a representative subset of the in- in subsection (a)(1) if the President deter- space shall review and approve the policies, formation systems of the agency; and mines such action to be in the public inter- procedures, and guidance established in sub- ‘‘(B) an assessment (made on the basis of est. The President’s authority to disapprove paragraph (c) to ensure that US–CERT has the results of the testing) of compliance or modify such standards and guidelines may the capability to effectively and efficiently with— not be delegated. Notice of such disapproval detect, correlate, respond to, contain, and ‘‘(i) the requirements of this subchapter; or modification shall be published promptly mitigate incidents that impair the adequate and in the Federal Register. Upon receiving no- security of the information and information ‘‘(ii) related information security policies, tice of such disapproval or modification, the infrastructure of more than 1 agency. To the procedures, standards, and guidelines. Secretary of Commerce shall immediately extent practicable, the capability shall be ‘‘(b)(1) For each agency with an Inspector continuous and technically automated. General appointed under the Inspector Gen- rescind or modify such standards or guide- eral Act of 1978 (5 U.S.C. App.) or any other lines as directed by the President. (e) SECURITY CLEARANCES; EXPERTS AND ‘‘(c) To ensure fiscal and policy consist- law, the annual evaluation required by this CONSULTANTS.—Notwithstanding any provi- ency, the Secretary shall exercise the au- section shall be performed by the Inspector sion of law, regulation, rule, or policy to the thority conferred by this section subject to General or by an independent external audi- contrary, the Director of US-CERT may— direction by the President and in coordina- tor, as determined by the Inspector General (1) direct the sponsorship of the security tion with the Director of the Office of Man- of the agency. clearances for Federal officers and employ- agement and Budget and the National Office ‘‘(2) For each agency to which paragraph ees (including experts and consultants em- for Cyberspace. ployed under section 3109) whose responsibil- (1) does not apply, the head of the agency ‘‘(d) The National Office for Cyberspace shall engage an independent external auditor ities involve critical infrastructure in the in- and the head of an agency may employ terest of national security; and to perform the evaluation. standards for the cost effective information ‘‘(c) The evaluation required by this sec- (2) employ experts and consultants under security for information systems within or tion may be based in whole or in part on an section 3109 for cyber security-related work. under the supervision of that agency that audit, evaluation, or report relating to pro- are more stringent than the standards the SEC. 5. AUTHORITY AND RESPONSIBILITY OF DE- grams or practices of the applicable agency. Secretary prescribes under this section if the PARTMENTS NOT RELATED TO MILI- ‘‘(d) Each year, not later than such date es- more stringent standards— TARY FUNCTIONS. tablished by the Director, the head of each ‘‘(1) contain at least the applicable stand- agency shall submit to the Director the re- (a) DEFINITIONS.—In this section: ards made compulsory and binding by the sults of the evaluation required under this (1) AGENCY.—The term ‘‘agency’’— Secretary; and section. (A) means— ‘‘(2) are otherwise consistent with policies ‘‘(e) Agencies and evaluators shall take ap- (i) an Executive department defined under and guidelines issued under section 3553. section 101 of title 5, United States Code; and propriate steps to ensure the protection of ‘‘(e) The decision by the Secretary regard- information which, if disclosed, may ad- (ii) an Executive agency that has multiple ing the promulgation of any standard under components which have separate and dis- versely affect information security. Such this section shall occur not later than 6 protections shall be commensurate with the tinct enterprise architectures; and months after the submission of the proposed (B) shall not include— risk and comply with all applicable laws and standard to the Secretary by the National regulations. (i) the Department of Defense; or Institute of Standards and Technology, as (ii) any component of an Executive agency ‘‘(f) The Comptroller General shall— provided under section 20 of the National In- ‘‘(1) not later than 180 days after the date that is performing any national security stitute of Standards and Technology Act (15 function, including military intelligence. of enactment of the United States Commu- U.S.C. 278g–3).’’. nications and Information Enhancement Act (2) EXECUTIVE AGENCY.—The term ‘‘Execu- SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE of 2009 and after collaboration with the Di- tive agency’’ has the meaning given under UNITED STATES COMPUTER EMER- section 105 of title 5, United States Code. rector and the Inspectors General, develop GENCY READINESS TEAM IN RELA- and deliver standards for independent eval- TION TO FEDERAL AGENCIES. (b) PURPOSE.—The purpose of this section uations as required under this section that (a) DEFINITION.—In this section: is to recognize that— are risk-based and cost effective; (1) The term ‘‘agency’’ has the meaning (1) agencies have developed and maintained ‘‘(2) periodically evaluate and report to given under section 3502(1) of title 44, United separate and distinct enterprise architec- Congress on— States Code. tures that inhibit the ability of an agency to ‘‘(A) the adequacy and effectiveness of (2) The term ‘‘US–CERT’’ means the ensure that components of that agency have agency information security policies and United States Computer Emergency Readi- effectively implemented security policies, practices; and ness Team. procedures, and practices; ‘‘(B) the implementation of the require- (b) PURPOSES.—The purposes of this section (2) the separate and distinct enterprise ar- ments of this subchapter. are to recognize that US–CERT— chitectures have in many instances been at

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE S4828 CONGRESSIONAL RECORD — SENATE April 28, 2009 the detriment of securing the agency infor- SUBMITTED RESOLUTIONS American veterans and their service dogs, mation infrastructure (the civilian cyber- the work of The Tower of Hope, and the space) and exposed that infrastructure to un- many generous donors. necessary risk for an extended period of SENATE RESOLUTION 115—RECOG- f time; and NIZING THE CRUCIAL ROLE OF SENATE RESOLUTION 116—COM- (3) a more uniform agency enterprise archi- ASSISTANCE DOGS IN HELPING MENDING THE HEAD COACH OF tecture will be more efficient and effective WOUNDED VETERANS LIVE THE UNIVERSITY OF KANSAS for the purposes of information sharing and MORE INDEPENDENT LIVES, EX- MEN’S BASKETBALL TEAM, BILL ensuring the appropriate confidentiality, in- PRESSING GRATITUDE TO THE SELF, FOR WINNING THE HENRY tegrity, and availability of information and TOWER OF HOPE, AND SUP- information systems. P. IBA COACH OF THE YEAR PORTING THE GOALS AND AWARD PRESENTED BY THE (c) AGENCY COORDINATION.— IDEALS OF CREATING A TOWER UNITED STATES BASKETBALL (1) IN GENERAL.—Not later than 1 year after OF HOPE DAY the date of enactment of this Act, the head WRITERS ASSOCIATION AND FOR of each agency shall ensure that components Mr. LIEBERMAN submitted the fol- BEING NAMED THE SPORTING of that agency shall establish an automated lowing resolution; which was referred NEWS NATIONAL COACH OF THE reporting mechanism that allows the Chief to the Committee on Veterans’ Affairs: YEAR AND THE BIG 12 COACH OF Information Security Officer and security S. RES. 115 THE YEAR operations center at the total agency level Whereas the brave men and women defend- Mr. BROWNBACK (for himself and to implement and monitor the implementa- ing America’s democracy in Iraq and Afghan- Mr. ROBERTS) submitted the following tion of appropriate security policies, proce- istan are in harm’s way; resolution; which was referred to the dures, and controls of agency components. Whereas thousands of America’s returning Committee on the Judiciary: (2) APPROVAL AND COORDINATION.—The ac- veterans were seriously wounded in combat, tivities conducted under paragraph (1) shall including brain injuries, single and double S. RES. 116 be— amputations, and other traumatic wounds; Whereas after the University of Kansas (A) approved by the Director of the Na- Whereas these brave soldiers return to the men’s basketball team won the 2008 National tional Office for Cyberspace; and United States and spend weeks, months, and Collegiate Athletic Association (NCAA) (B) to the extent practicable, in coordina- years in hospitals recovering, and return to Men’s Basketball Division I Championship, tion and complementary with activities— their homes needing assistance to regain all the most experienced players on the team their independence; went on to graduate or pursue their profes- (i) described under section 4; and Whereas these recovering soldiers who are sional ambitions; (ii) conducted by the Administrator for E- teamed up with assistance dogs lead more Whereas, despite this challenge, the Head Government and Information Technology. comfortable and more independent lives; Coach of the University of Kansas men’s bas- SEC. 6. TECHNICAL AND CONFORMING AMEND- Whereas these dogs provide assistance to ketball team, Bill Self, led the 2009 team to MENTS. wounded veterans while walking, going up an impressive 27–win season, in which the and down stairs, and getting up from a sit- team ended the regular season at the top of (a) TABLE OF SECTIONS.—The table of sec- ting or fallen position, and also pick up the Big 12 Conference, and finished the 2009 tions for chapter 35 of title 44, United States dropped articles, retrieve items from a dis- NCAA Men’s Basketball Division I tour- Code, is amended by striking the matter re- tance, pull manual wheelchairs a short dis- nament in the Sweet Sixteen; lating to subchapters II and III and inserting tance, turn lights on and off, and perform Whereas, Coach Self has been a head coach the following: other important daily tasks; for 16 years, winning 9 league championships Whereas assistance animals offer priceless in the last 11 years and guiding his teams ‘‘SUBCHAPTER II—INFORMATION SECURITY companionship and unconditional love on a through 11 consecutive 20-win seasons; ‘‘Sec. 3551. Definitions. daily basis; Whereas Coach Self is 1 of only 4 coaches Whereas there are fewer than 75 veterans in NCAA Men’s Basketball Division I history ‘‘Sec. 3552. National Office for Cyberspace. from Iraq and Afghanistan who currently to have led 3 different schools (the Univer- ‘‘Sec. 3553. Authority and functions of the have assistance dogs, as many veterans can- sity of Tulsa, the University of Illinois, and National Office for Cyberspace. not afford them or do not know about the the University of Kansas) to the Elite Eight ‘‘Sec. 3554. Agency responsibilities. benefits that assistance dogs provide; in the NCAA Men’s Basketball Division I Whereas severely wounded veterans cur- tournament; ‘‘Sec. 3555. Annual independent evaluation. rently have to wait up to 2 years before they Whereas Coach Self has demonstrated the ‘‘Sec. 3556. Responsibilities for Federal in- can receive an assistance animal; Kansas values of hard work, determination, formation systems standards.’’. Whereas The Tower of Hope was created pride, and spirit, and has instilled these val- following the attacks of September 11, 2001, ues in the athletes he coaches; (b) OTHER REFERENCES.— to bring hope to wounded veterans by pro- Whereas during his career at the Univer- (1) Section 1001(c)(1)(A) of the Homeland viding them with assistance dogs at no cost; sity of Kansas, Coach Self has coached 11 Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) is and professional basketball players, and im- amended by striking ‘‘section 3532(3)’’ and in- Whereas The Tower of Hope has substan- pacted the lives of hundreds of young men; serting ‘‘section 3551(b)’’. tially improved many lives by raising funds Whereas in 2009, Coach Self won the Henry (2) Section 2222(j)(6) of title 10, United for the training of assistance dogs, providing P. Iba Coach of the Year Award presented by States Code, is amended by striking ‘‘section grants for American combat wounded vet- the United States Basketball Writers Asso- 3542(b)(2))’’ and inserting ‘‘section 3551(b)’’. erans, and advocating for the benefits of ciation and was named the Sporting News (3) Section 2223(c)(3) of title 10, United these animals: Now, therefore, be it National Coach of the Year and the Big 12 States Code, is amended, by striking ‘‘sec- Resolved, That the Senate— Coach of the Year; and tion 3542(b)(2))’’ and inserting ‘‘section (1) acknowledges the importance of assist- Whereas Coach Self is an asset to the coun- 3551(b)’’. ance dogs in helping combat-wounded vet- try, the State of Kansas, and the University (4) Section 2315 of title 10, United States erans live happier and more independent of Kansas: Now, therefore, be it Code, is amended by striking ‘‘section lives; Resolved, That the Senate— 3542(b)(2))’’ and inserting ‘‘section 3551(b)’’. (2) applauds the outstanding work of The (1) commends the Head Coach of the Uni- Tower of Hope and its dedication to training versity of Kansas men’s basketball team, (5) Section 20(a)(2) of the National Insti- and providing assistance dogs to wounded Bill Self, for— tute of Standards and Technology Act (15 veterans, as well as educating people about (A) winning the Henry P. Iba Coach of the U.S.C. 278g–3) is amended by striking ‘‘sec- the benefits of such animals; Year Award presented by the United States tion 3532(b)(2)’’ and inserting ‘‘section (3) expresses deep gratitude and support to Basketball Writers Association; and 3551(b)’’. volunteers and donors who have made this (B) being named the Sporting News Na- (6) Section 8(d)(1) of the Cyber Security Re- great program possible by generously offer- tional Coach of the Year and the Big 12 search and Development Act (15 U.S.C. ing time and funds; Coach of the Year; and 7406(d)(1)) is amended by striking ‘‘section (4) encourages the general public to sup- (2) respectfully requests the Secretary of 3534(b)’’ and inserting ‘‘section 3554(b)’’. port wounded veterans by volunteering or the Senate to transmit an enrolled copy of donating to help train assistance dogs; this resolution for appropriate display to— SEC. 7. EFFECTIVE DATE. (5) calls for a vigorous promotion of, and (A) the Chancellor of the University of This Act (including the amendments made advocacy for, the benefits of assistance ani- Kansas, Robert Hemenway; by this Act) shall take effect 30 days after mals to physicians and the general public; (B) the Athletic Director of the University the date of enactment of this Act. and of Kansas, Lew Perkins; and (6) supports the goals and ideals of creating (C) the Head Coach the University of Kan- a Tower of Hope Day in honor of wounded sas men’s basketball team, Bill Self.

VerDate Nov 24 2008 01:08 Jun 07, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S28AP9.REC S28AP9 mmaher on PROD1PC76 with CONG-REC-ONLINE April 28, 2009 CONGRESSIONAL RECORD — SENATE S4829 SENATE CONCURRENT RESOLU- retary of the Interior, and the nomina- The PRESIDING OFFICER. Without TION 20—AUTHORIZING THE tion of Michael L. Connor, to be Com- objection, it is so ordered. LAST SURVIVING VETERAN OF missioner of Reclamation. COMMITTEE ON HEALTH, EDUCATION, LABOR, THE FIRST WORLD WAR TO LIE Because of the limited time available AND PENSIONS IN HONOR IN THE ROTUNDA OF for the hearing, witnesses may testify Mr. NELSON of Florida. Mr. Presi- THE CAPITOL UPON HIS DEATH by invitation only. However, those dent, I ask unanimous consent that the Mr. BYRD submitted the following wishing to submit written testimony Committee on Health, Education, concurrent resolution; which was re- for the hearing record may do so by Labor, and Pensions be authorized to ferred to the Committee on Rules and sending it to the Committee on Energy meet, during the session of the Senate, Administration: and Natural Resources, U.S. Senate, to conduct a hearing entitled ‘‘Intro- Washington, DC 20510–6150, or by e-mail ducing Meaningful Incentives for Safe S. CON. RES. 20 to Amanda [email protected]. Workplaces and Meaningful Roles for Whereas the veterans of the First World For further information, please con- War fought bravely and made heroic sac- Victims and Their Families’’ on Tues- rifices for the Allied forces; tact Sam Fowler at (202) 224–7571 or day, April 28, 2009. The hearing will Whereas the veterans of the First World Amanda Kelly at (202) 224–6836. commence at 10:30 a.m. in room 430 of War suffered the terrors of both trench war- f the Dirksen Senate office building. fare and the chemical battlefield; The PRESIDING OFFICER. Without AUTHORITY FOR COMMITTEES TO Whereas the veterans of the First World objection, it is so ordered. MEET War suffered the scourge of the Spanish in- COMMITTEE ON HEALTH, EDUCATION, LABOR, fluenza pandemic; COMMITTEE ON ARMED SERVICES AND PENSIONS Whereas past resolutions have sought au- Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. Mr. Presi- thorization for veterans, representative of dent, I ask unanimous consent that the specific wars, to lie in honor in the rotunda dent, I ask unanimous consent that the of the Capitol; Committee on Armed Services be au- Committee on Health, Education, Whereas it is the desire of all veterans to thorized to meet during the session of Labor, and Pensions be authorized to honor both those who serve and those who the Senate on Tuesday, April 28, 2009, meet, during the session of the Senate, have served in time of war and peace; at 9 a.m. to conduct a hearing entitled ‘‘Learn- Whereas it is the Nation’s collective desire THE PRESIDING OFFICER. Without ing from the States: Individual State to express its gratitude for the sacrifice and objection, it is so ordered. Experiences with Health Care Reform service of all First World War veterans; and COMMITTEE ON BANKING, HOUSING, AND URBAN Coverage Initiatives in the Context of Whereas Frank Woodruff Buckles, born AFFAIRS National Reform’’ on Tuesday, April 28, February 1, 1901, in Bethany, Missouri, and Mr. NELSON of Florida. Mr. Presi- residing in Jefferson County, West Virginia, 2009. The hearing will commence at 2:30 at age 108, is believed to be the last surviving dent, I ask unanimous consent that the p.m. in room 430 of the Dirksen Senate United States veteran of the First World Committee on Banking, Housing, and office building. War: Now, therefore, be it Urban Affairs be authorized to meet The PRESIDING OFFICER. Without Resolved by the Senate (the House of Rep- during the session of the Senate on objection, it is so ordered. resentatives concurring), April 28, 2009, at 10 a.m. COMMITTEE ON HOMELAND SECURITY AND SECTION 1. HONORING VETERANS OF THE FIRST THE PRESIDING OFFICER. Without GOVERNMENTAL AFFAIRS WORLD WAR. objection, it is so ordered. Mr. NELSON of Florida. Mr. Presi- (a) IN GENERAL.—In recognition of the his- COMMITTEE ON ENERGY AND NATURAL toric contributions of United States veterans dent, I ask unanimous consent that the RESOURCES who served in the First World War, the last Committee on Homeland Security and surviving United States veteran of the First Mr. NELSON of Florida. Mr. Presi- Governmental Affairs be authorized to World War shall be permitted to lie in honor dent, I ask unanimous consent that the meet during the session of the Senate in the rotunda of the Capitol upon his death, Committee on Energy and Natural Re- on Tuesday, April 28, 2009, at 10 a.m. to so that the citizens of the United States may sources be authorized to meet during conduct a hearing entitled ‘‘Cyber Se- pay their last respects to these great Ameri- the session of the Senate to conduct a curity: Developing a National Strat- cans. hearing on Tuesday, April 28, at 10 egy.’’ (b) IMPLEMENTATION.—The Architect of the a.m., in room SD–366 of the Dirksen Capitol, under the direction and supervision The PRESIDING OFFICER. Without of the President pro tempore of the Senate Senate office building. objection, it is so ordered. and the Speaker of the House of Representa- THE PRESIDING OFFICER. Without COMMITTEE ON THE JUDICIARY tives, shall take the necessary steps to im- objection, it is so ordered. Mr. NELSON of Florida. Mr. Presi- plement subsection (a), including, if nec- COMMITTEE ON ENVIRONMENT AND PUBLIC dent, I ask unanimous consent that the essary, scheduling the use of the rotunda of WORKS Senate Committee on the Judiciary be the Capitol for the purposes described in Mr. NELSON of Florida. Mr. Presi- authorized to meet during the session such subsection at such a time as such use dent, I ask unanimous consent that the will not coincide with the use of the Capitol of the Senate, to conduct a hearing en- Committee on Environment and Public titled ‘‘The Victims of Crime Act: 25 for an Inauguration or a State of the Union Works be authorized to meet during address. Years of Protecting and Supporting the session of the Senate on Tuesday, f Victims’’ on Tuesday, April 28, 2009, at April 28, 2009, at 10 a.m. in room 406 of 10 a.m., in room SD–226 of the Dirksen NOTICE OF HEARING the Dirksen Senate office building. Senate office building. COMMITTEE ON ENERGY AND NATURAL THE PRESIDING OFFICER. Without The PRESIDING OFFICER. Without RESOURCES objection, it is so ordered. objection, it is so ordered. Mr. BINGAMAN. Mr. President, I COMMITTEE ON FOREIGN RELATIONS SELECT COMMITTEE ON INTELLIGENCE would like to announce for the infor- Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. Mr. Presi- mation of the Senate and the public dent, I ask unanimous consent that the dent, I ask unanimous consent that the that a hearing has been scheduled be- Committee on Foreign Relations be au- Select Committee on Intelligence be fore the Senate Committee on Energy thorized to meet during the session of authorized to meet during the session and Natural Resources. The hearing the Senate on Tuesday, April 28, 2009, of the Senate on April 28, 2009 at 2:30 will be held on Tuesday, May 5, 2009, at at 10 a.m., to hold a hearing entitled p.m. 2:30 p.m., in room SD–366 of the Dirk- ‘‘War Powers in the 21st Century’’. The PRESIDING OFFICER. Without sen Senate office building. The PRESIDING OFFICER. Without objection, it is so ordered. The purpose of the hearing is to con- objection, it is so ordered. SUBCOMMITTEE ON CONSUMER PROTECTION, sider the nomination of Daniel B. COMMITTEE ON FOREIGN RELATIONS PRODUCT SAFETY, AND INSURANCE Poneman, to be Deputy Secretary of Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. Mr. Presi- Energy, the nomination of David B. dent, I ask unanimous consent that the dent, I ask unanimous consent that the Sandalow, to be an Assistant Secretary Committee on Foreign Relations be au- Subcommittee on Consumer Protec- of Energy (International Affairs and thorized to meet during the session of tion, Product Safety, and Insurance of Domestic Policy), the nomination of the Senate on Tuesday, April 28, 2009, the Committee on Commerce, Science, Rhea S. Suh, to be an Assistant Sec- at 2:15 p.m. and Transportation be authorized to

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RECOGNIZING JAMES MONROE, JEREMY ALLEN MANLEY Many of the ice-breaking ships that we do THE NATION’S FIFTH PRESIDENT have in the Great Lakes are nearing the end HON. SAM GRAVES of their useful lives and have become vulner- OF MISSOURI able to mechanical failure in these harsh win- HON. ROBERT J. WITTMAN IN THE HOUSE OF REPRESENTATIVES ter conditions. Last fall, I was very concerned about the OF VIRGINIA Tuesday, April 28, 2009 approaching winter and whether the Coast IN THE HOUSE OF REPRESENTATIVES Mr. GRAVES. Madam Speaker, I proudly Guard would have sufficient ice-breaking ca- pause to recognize Jeremy Manley of Kansas pabilities to keep critical channels open. In Tuesday, April 28, 2009 City, Missouri. Jeremy is a very special young fact, I joined a number of members in writing man who has exemplified the finest qualities Mr. WITTMAN of Virginia. Madam Speaker, to Admiral Allen at the Coast Guard and urg- of citizenship and leadership by taking an ac- ing him to provide additional resources to the I am privileged to rise today to honor the birth tive part in the Boy Scouts of America, Troop and life of our nation’s fifth president, James Great Lakes to deal with the coming winter. 260, and earning the most prestigious award Finally, after that incident in Linwood, the Monroe. Today, 251 years ago in 1758, of Eagle Scout. Coast Guard did respond and assigned an ad- James Monroe was born in a little farmhouse Jeremy has been very active with his troop, ditional cutter from Maine to come over and in Westmoreland County, Virginia. participating in many scout activities, such as assist with ice-breaking, which has been of Monroe, one of five children of Spence white water rafting and hiking. Over the years great assistance to us as we get the lakes Monroe and Elizabeth Jones, was raised and Jeremy has been involved with scouting, he fully opened up for the summer shipping sea- educated in what is now the First District of has not only earned numerous merit badges, son. but also the respect of his family, peers, and the Commonwealth of Virginia. James Monroe But the need for this bill has already been community. well established. This bill will authorize the entered the College of William and Mary in Madam Speaker, I proudly ask you to join Williamsburg, Virginia at the age of 16. He left Coast Guard to design and construct a new me in commending Jeremy Manley for his ac- replacement ice-breaker for the Great Lakes. the college in 1775 to go to war, fighting with complishments with the Boy Scouts of Amer- George Washington at Valley Forge. In addition to assisting with ice-breaking prob- ica and for his efforts put forth in achieving the lems we have had on the Great Lakes, this bill Monroe married Elizabeth Kortright on Feb- highest distinction of Eagle Scout. will also put Americans to work building this ruary 16, 1786. The couple had three children: f vessel. Eliza Kortright Monroe (1786–1835), James GREAT LAKES ICEBREAKER I urge my colleagues to support this bill, and Spence Monroe (1799–1800), and Maria Hes- REPLACEMENT ACT I commend the chairman for putting this legis- ter Monroe (1803–1850). lation forward. As an aide to Governor Thomas Jefferson, HON. CANDICE S. MILLER f Monroe studied and practiced law in Fred- OF MICHIGAN PERSONAL EXPLANATION ericksburg, Virginia. Monroe was an astute IN THE HOUSE OF REPRESENTATIVES politician, serving as a member of the Virginia Tuesday, April 28, 2009 State Legislature, Governor of the Common- HON. JEFF FORTENBERRY Mrs. MILLER of Michigan. Madam Speaker, OF NEBRASKA wealth of Virginia, Member of Congress and I rise in strong support of H.R. 1747, the Great IN THE HOUSE OF REPRESENTATIVES U.S. Senator, and Secretary of State and Sec- Lakes Icebreaker Replacement Act, because it Tuesday, April 28, 2009 retary of War to President James Madison. is so important to promoting commercial activ- Monroe served as Minister to France, under ity on the Great Lakes. Mr. FORTENBERRY. Madam Speaker, on the first Jefferson administration, and assisted Over a billion dollars worth of commerce Monday, April 27, 2009, I was unavoidably de- with the negotiation of the Louisiana Pur- takes place on the Great Lakes during the tained and thus I missed rollcall votes Nos. chase. winter months, despite the harsh conditions. 207, 208, and 209. Had I been present, I James Monroe was elected the fifth Presi- Half of Lake Michigan, for example, is covered would have voted ‘‘yea’’ on all three votes. dent of the United States in 1817. During his in ice during the winter months. f early years in the White House, his adminis- Especially in this economy, we cannot afford to have business shut down simply because A PROCLAMATION HONORING tration was known as the ‘‘Era of Good Feel- ice-breakers are spread to thinly across the DREW CANNON FOR WINNING ings’’. President Monroe went on two long na- Great Lakes. My State of Michigan currently THE BOYS’ DIVISION IV STATE tional tours in order to gain the trust and faith has the highest unemployment in the country BASKETBALL CHAMPIONSHIP of the American people. Monroe’s strong opin- at about 12 percent, and many counties in my ions against foreign colonization or interven- district are already near 20 percent. We need HON. ZACHARY T. SPACE tion in the Americas and his principles on for- every job we can get in our State, including OF OHIO eign policy came to be known as the Monroe jobs that are supported by commercial activity IN THE HOUSE OF REPRESENTATIVES Doctrine, which he may be best remembered on the Great Lakes. for. Monroe died there on July 4, 1831, the One of the other impacts of unbroken ice is Tuesday, April 28, 2009 fifty-fifth anniversary of the signing of the Dec- property damage. In my district along the St. Mr. SPACE. Madam Speaker: laration of Independence. Clair River, we have regularly seen problems Whereas, Drew Cannon showed hard work caused by ice jams lead to flooding for many and dedication to the sport of basketball; and The citizens of the Commonwealth of Vir- of my constituents. Whereas, Drew Cannon was a supportive ginia and Virginia’s First Congressional District This year, we saw a fairly spectacular oc- team player; and express their appreciation to James Monroe in currence in the town of Linwood, Michigan, Whereas, Drew Cannon always displayed honor of his birthday 251 years ago. As the when literal mountains of ice were blown up sportsmanship on and off of the court; now, last American President of the ‘‘Virginia Dy- from Saginaw Bay and into people’s yards and therefore, be it nasty’’, James Monroe was a loyal public serv- homes. Chunks of ice were piled up to 10 feet Resolved, that along with his friends, family, ant, a President of the people, as well as an high in some places and excavators had to be and the residents of the 18th Congressional exceptional statesman. His ideals and leader- brought in to remove the ice so that people District, I congratulate Drew Cannon on win- ship qualities left a lasting legacy in the Com- could go about repairing damage to their win- ning the Boys’ Division IV State Basketball monwealth of Virginia and across the nation. dows and homes. Championship. We recognize the tremendous

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

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.001 E28APPT1 rfrederick on PROD1PC67 with REMARKS E992 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 hard work and sportsmanship he has dem- THE INTRODUCTION OF THE FAM- A PROCLAMATION HONORING AS- onstrated during the 2008–2009 basketball ILY AND MEDICAL LEAVE INCLU- SISTANT COACH JIM SLONE FOR season. SION ACT (FMLA) COACHING THE OAK HILL HIGH SCHOOL BOYS’ BASKETBALL f TEAM TO WINNING THE BOYS’ HON. CAROLYN B. MALONEY DIVISION IV STATE BASKETBALL HONORING THE ACCOMPLISHMENT CHAMPIONSHIP OF NEW YORK OF CAPTAIN VANESA GILBERT OF HENDERSON COUNTY, NORTH IN THE HOUSE OF REPRESENTATIVES HON. ZACHARY T. SPACE CAROLINA, FOR COMPLETING Tuesday, April 28, 2009 OF OHIO FBI ACADEMY TRAINING IN THE HOUSE OF REPRESENTATIVES Mrs. MALONEY. Madam Speaker, today I Tuesday, April 28, 2009 am pleased to reintroduce the Family and HON. HEATH SHULER Medical Leave Inclusion Act, which amends Mr. SPACE. Madam Speaker: Whereas, Coach Jim Slone showed hard OF NORTH CAROLINA the FMLA to permit leave to care for a domes- tic partner, same-sex spouse, parent-in-law, work and dedication to the sport of basketball; IN THE HOUSE OF REPRESENTATIVES adult child, sibling, grandparent or child of a and Whereas, Jim Slone was a leader and men- Tuesday, April 28, 2009 domestic partner, if that person has a serious health condition. tor for the Oak Hill High School Boys’ Basket- Mr. SHULER. Madam Speaker, I rise today ball Team; and The landmark 1993 Family and Medical Whereas, Jim Slone has been a role model to honor a remarkable North Carolinian. On Leave Act allows qualified workers to take up for sportsmanship on and off of the court; December 12, 2008, Captain Vanesa Gilbert to 12 weeks of unpaid leave a year to care for now, therefore, be it became the first woman in Henderson County newborns or to care for himself/herself, par- Resolved, that along with his friends, family, history to have completed FBI Academy train- ents, children under 18 or a legal spouse if and the residents of the 18th Congressional ing. that person has a serious health condition. District, I congratulate Assistant Coach Jim According to Henderson County Sheriff Rick Since becoming law over sixteen years ago, it Slone for leading the Oak Hill High School Davis, only six local law enforcement officers, has allowed many tens of millions of Ameri- Boys’ Basketball Team to winning the Boys’ including Gilbert, have completed the intensive cans to take unpaid leave without the risk of Division IV State Basketball Championship. 11-week course at the academy in Quantico, losing their jobs. We recognize the tremendous hard work and Virginia. ‘‘Captain Gilbert is a superior leader But, imagine if your domestic partner, same- leadership he has demonstrated during the by any measure,’’ he said. ‘‘The FBI National sex spouse, adult child, parent-in-law, or 2008–2009 Basketball season. Academy is the highest academic achieve- grandparent was involved in a serious car ac- f ment in law enforcement. It is very challenging cident and had no one to take care of him or INTRODUCTION OF THE WESTERN academically as well as physically. It was her. Then imagine your employer telling you HEMISPHERE DRUG POLICY COM- clear our agency and the county would benefit that you can’t take a few unpaid days off work MISSION ACT OF 2009 greatly by sending her.’’ to care for your loved one because your rela- tionship is not covered by FMLA. This situa- While Captain Gilbert admitted that she was tion sounds preposterous, but there is no pro- HON. ELIOT L. ENGEL nervous when she arrived at the Marine base, tection for you in current law. That is why the OF NEW YORK she excelled during the course and ultimately FMLA Inclusion Act is so important. IN THE HOUSE OF REPRESENTATIVES completed a three-mile obstacle course called This session, the bill was improved to permit Tuesday, April 28, 2009 ‘‘the yellow brick road.’’ For finishing the leave to care for the child of a domestic part- Mr. ENGEL. Madam Speaker, today, I am course, Gilbert received a plaque with a yellow ner. Often, domestic partners are not able to pleased to introduce the Western Hemisphere brick on it and the dates she attended the adopt their partner’s child, even when that per- Drug Policy Commission Act of 2009, a bill academy. son is the only parent the child has ever that will create an independent commission to Gilbert grew up in Hendersonville and grad- known. The FMLA Inclusion Act would ensure evaluate U.S. policies and programs aimed at uated from Edneyville High School in 1992. In those children can be cared for by the person reducing illicit drug supply and demand. August of 1992, she moved to Greensboro to they call ‘‘Mom’’ or ‘‘Dad.’’ Billions of U.S. taxpayer dollars have been attain a two-year degree in law enforcement. I am pleased that the Human Rights Cam- spent over the years to fight the drug war in In December of 1994, Gilbert completed her paign has endorsed this legislation, and I am Latin America and the Caribbean. In spite of basic law enforcement training and moved proud to introduce it with the support of origi- our efforts, since the early 1980s, the number back to Henderson County to work for the nal cosponsors Representatives BALDWIN, of U.S. lifetime drug users has steadily risen Sheriff’s Office. At the Henderson County WOOLSEY, FRANK, POLIS, DELAHUNT, HIRONO, for marijuana, cocaine and heroin. Clearly, the Sheriff’s office, she worked as the Civil Proc- FARR, ISRAEL and NADLER. time has come to reexamine our counter- narcotics efforts here at home and throughout ess Secretary before being promoted to Cor- The FMLA Inclusion Act represents simple the Americas. My bill will assess all aspects of poral, and later to Lieutenant of the Civil Proc- fairness, and I look forward to working with my the drug war—including prevention and treat- ess division. colleagues to ensure that this fairness pre- ment programs in the United States. Upon completion of the FBI Academy Train- vails. Let me be absolutely clear that this bill has ing, Gilbert was promoted to Captain of the not been introduced to support the legalization Detention Center, courthouse security and the f of illegal drugs. That is not something that I ICE program. Sheriff Rick Davis says of Gil- would like to see, nor is it my intent to have PERSONAL EXPLANATION bert, ‘‘She is recognized by the whole depart- the Western Hemisphere Drug Policy Commis- ment as a highly qualified thoughtful leader sion come to that conclusion. with exceptionally high standards. Don’t let her HON. CHRISTOPHER P. CARNEY While the United States accounts for ap- size and charm fool you; if anyone fails to proximately 5 percent of world population, in meet her work ethics, they will have awaken OF PENNSYLVANIA 2007, an estimated 17.2 percent of the world’s users of illegal drugs were from the United a giant they can’t handle.’’ IN THE HOUSE OF REPRESENTATIVES States. 100 percent of the United States co- It is with great respect and gratitude that I Tuesday, April 28, 2009 caine supply and 90 percent of the United commend Captain Vanesa Gilbert for her States heroin supply originates in South Amer- great accomplishment and for her ongoing Mr. CARNEY. Madam Speaker, on Monday, ica. In addition, the countries of Central Amer- service to Henderson County. She serves as April 27, I was absent for three rollcall votes. ica, the Caribbean and Mexico are key transit a role model for all women and girls who as- If I had been here, I would have voted: ‘‘yea’’ countries for drugs entering the U.S. pire to careers in law enforcement. Her dedi- on rollcall vote 207; ‘‘yea’’ on rollcall vote 208; The Western Hemisphere Drug Policy Com- cation and hard work are an inspiration to all. and ‘‘yea’’ on rollcall vote 209. mission will be charged with conducting a

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.003 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E993 comprehensive review of U.S. illicit drug sup- A PROCLAMATION HONORING these brave men and women who fought so ply and demand reduction policies and will be TRAVIS BLEVINS FOR WINNING bravely to preserve our freedom. required to submit recommendations on future THE BOYS’ DIVISION IV STATE f U.S. drug policy to Congress, the Secretary of BASKETBALL CHAMPIONSHIP State, and the Director of the Office of Na- PERSONAL EXPLANATION tional Drug Control Policy (ONDCP). HON. ZACHARY T. SPACE To tackle our nation’s horrific drug problem OF OHIO HON. TIMOTHY V. JOHNSON once and for all, we must have a better sense IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS of what works and what does not work. Our Tuesday, April 28, 2009 IN THE HOUSE OF REPRESENTATIVES partners in the Americas, who have worked Tuesday, April 28, 2009 closely with us in fighting the drug war for Mr. SPACE. Madam Speaker: years, and the citizens of our great country, Whereas, Travis Blevins showed hard work Mr. JOHNSON of Illinois. Madam Speaker, who deal every day with illegal drugs on their and dedication to the sport of basketball; and unfortunately last night, April 27, 2009, I was streets, deserve no less. Whereas, Travis Blevins was a supportive unable to cast my votes on H. Res. 329, H.R. team player; and 1746, and H. Res. 335 and wish the RECORD Whereas, Travis Blevins always displayed f to reflect my intentions had I been able to sportsmanship on and off of the court; now, vote. SMA TREATMENT ACCELERATION therefore, be it Had I been present for rollcall No. 207, on ACT Resolved, that along with his friends, family, suspending the Rules and passing H. Res. and the residents of the 18th Congressional 295, Recognizing the anniversary of the tragic District, I congratulate Travis Blevins on win- accident of the steamboat ship SS Sultana, I HON. PATRICK J. KENNEDY ning the Boys’ Division IV State Basketball would have voted ‘‘yea.’’ OF RHODE ISLAND Championship. We recognize the tremendous Had I been present for rollcall No. 208, on IN THE HOUSE OF REPRESENTATIVES hard work and sportsmanship he has dem- suspending the Rules and passing H.R. 1746, onstrated during the 2008–2009 basketball the Pre-Disaster Mitigation Act of 2009, I Tuesday, April 28, 2009 season. would have voted ‘‘yea.’’ Mr. KENNEDY. Madam Speaker, today, f Had I been present for rollcall No. 209, on suspending the Rules and passing H. Res. along with my colleague Representative ERIC 65TH ANNIVERSARY OF 335, Supporting the goals and ideals of Na- CANTOR, I am introducing the SMA Treatment NORMANDY INVASION Acceleration Act, in an effort to help find a tional Volunteer Week, I would have voted treatment or cure for Spinal Muscular Atrophy ‘‘yea.’’ (SMA), the number one genetic killer of chil- HON. ROBERT WEXLER f dren under the age of two. OF FLORIDA IN THE HOUSE OF REPRESENTATIVES A PROCLAMATION HONORING SMA is an inherited disease that destroys Tuesday, April 28, 2009 RYAN BORDEN FOR WINNING the nerves controlling muscle movement, THE BOYS’ DIVISION IV STATE which affects crawling, walking, head and Mr. WEXLER. Madam Speaker, as we ap- BASKETBALL CHAMPIONSHIP neck control, swallowing, and even breathing. proach the 65th Anniversary of the Invasion of The gene mutation that causes SMA is carried Normandy, it is important to take a moment to by one in every 40 people, or approximately remember all of the men and women who HON. ZACHARY T. SPACE 7.5 million Americans. Each child born of two bravely served our country in World War II. OF OHIO carriers of the mutant gene has a one in four We all owe an enormous debt of gratitude to IN THE HOUSE OF REPRESENTATIVES chance of developing SMA. these veterans and their families. I am hon- Tuesday, April 28, 2009 ored to have one such veteran in my district, Among more than 600 neurological dis- Mr. SPACE. Madam Speaker: Corporal Elliott M. Herring. Corporal Herring orders, SMA has been singled out by the Na- Whereas, Ryan Borden showed hard work bravely served in the Battle of Normandy and tional Institutes of Health (NIH) as the disease and dedication to the sport of basketball; and in the battle which took place in St-Lo. He closest to treatment. This priority status is Whereas, Ryan Borden was a supportive fought in five major battles in the 3rd Army based on scientists’ advanced genetic under- team player; and under General Patton. Throughout his service, standing of the disease and a strong collabo- Whereas, Ryan Borden always displayed he was awarded the Bronze Star Medal, Good ration between families, federal agencies, and sportsmanship on and off of the court; now, Conduct Medal, Presidential Unit Citation, patient advocacy groups. therefore, be it Meritorious Unit Commendation, American Researchers have identified the gene re- Resolved, that along with his friends, family, Campaign Medal, European Africa Middle sponsible for SMA, as well as a disease modi- and the residents of the 18th Congressional Eastern Campaign Medal with one Silver fying ‘‘back-up’’ gene that has opened the District, I congratulate Ryan Borden on win- Service Star, WWII Victory Medal, Army of door to promising new treatment pathways. ning the Boys’ Division IV State Basketball Occupation Medal with the Germany Clasp, This research is providing groundbreaking Championship. We recognize the tremendous Combat Infantryman Badge, Honorable Serv- data for SMA and other neurodegenerative hard work and sportsmanship he has dem- ice Lapel Button, Marksman Badge with Rifle disorders, including the muscular dystrophies, onstrated during the 2008–2009 basketball Bar WWII and Five Battle Stars. Additionally, Freidrich’s Ataxia, Fragile X syndrome, and season. Huntington’s disease. he was awarded the Le´gion d’honneur from f This legislation will upgrade and unify SMA France. clinical trial sites and establish a national clin- Corporal Herring is looking forward to an ARMENIAN GENOCIDE ical trials network for SMA. It will also estab- upcoming visit to the National WWII Memorial, ANNIVERSARY lish a Data Coordinating Center, expand and which is celebrating its fifth anniversary this intensify federally supported research pro- year. I encourage all veterans, their families, HON. FRANK R. WOLF grams, and promote collaborative research at and all Americans to visit the World War II Memorial on the Mall in Washington, D.C. OF VIRGINIA NIH. Additionally, the bill will enhance and pro- IN THE HOUSE OF REPRESENTATIVES vide support for the SMA patient registry, es- where the announcement stone reads: tablish an Interagency SMA Research Coordi- Here in the presence of Washington and Tuesday, April 28, 2009 nating Committee, and establish and imple- Lincoln, one the eighteenth century father Mr. WOLF. Madam Speaker, last week and the other the nineteenth century pre- ment a program for providing information and server of our nation, we honor those twen- marked the 94th anniversary of the Armenian education on SMA to health professionals and tieth century Americans who took up the genocide. the general public. These provisions will ad- struggle during the Second World War and I have long been a cosponsor of a resolu- vance our research and understanding of SMA made the sacrifices to perpetuate the gift tion introduced in multiple sessions of Con- and lead towards effective treatments. I am our forefathers entrusted to us: a nation con- gress which reaffirms the United States proud to be reintroducing this legislation, and ceived in liberty and justice. Record on the Armenian genocide. I urge your full consideration of this important May we never forget their sacrifices as we The Armenian genocide, in which 1.5 million legislation. stand here today. Let us continue to honor perished, is widely recognized as the 20th

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A28AP8.006 E28APPT1 rfrederick on PROD1PC67 with REMARKS E994 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 century’s first genocide. Raphael Lemkin, the HONORING THE CENTENARIANS OF clare April 24, 2009 to April 26, 2009 to be Jewish legal scholar who coined the word BRENTWOOD HEALTHCARE FA- ‘‘Tuscarawas County Pay It Forward Chal- genocide and tirelessly advocated for inter- CILITY ALLIE M. DAVIS, lenge Weekend.’’ national law defining it and preventing it, was CORNELIUS MONTGOMERY, driven largely by what happened to the Arme- MARIE DUKE, ANNIE LAURIE f TAYLOR, VIOLA D. PAGE, AND nians. GUADALUPE G. CORTEZ COMMEMORATING WORKFORCE Since that time the world has witnessed MEMORIAL DAY unfathomable horrors during the Nazi-per- HON. EDDIE BERNICE JOHNSON petrated Holocaust and subsequent genocides OF TEXAS HON. EDOLPHUS TOWNS in Bosnia, Cambodia, Rwanda and still today IN THE HOUSE OF REPRESENTATIVES OF NEW YORK Darfur. And too often, the world has been si- Tuesday, April 28, 2009 IN THE HOUSE OF REPRESENTATIVES lent in the face of such brutality. Ms. EDDIE BERNICE JOHNSON of Texas. Tuesday, April 28, 2009 Adolph Hitler, in describing his murderous Madam Speaker, I rise today to pay tribute to plans and seeking to silence those with res- Mr. TOWNS. Madam Speaker, I rise today the six residents of Brentwood Healthcare in in recognition of Workforce Memorial Day. As ervations, famously said, ‘‘Who, after all, the Southeast Dallas Community of Pleasant speaks today of the annihilation of the Arme- a Nation built on the strength of our workforce, Grove who have reached 100 years old. They it is important that we honor those who have nians?’’ are: lost their lives while struggling to support Allie M. Davis—100 years old, Cornelius There is power in speaking the truth, even themselves and their families. Montgomery—104 years old, Marie Duke— about atrocities that occurred nearly a century For many Americans, going to work can be 100 years old, Annie Laurie Taylor—102 years ago, so that other men with evil aims might a dangerous activity, and one in which many old, Viola D. Page—102 years old, and Gua- of the harms could potentially be mitigated not be empowered by our silence. dalupe G. Cortez—106 years old. National Nursing Home Week will take place with the enhancement and enforcement of f from May 10, 2009, to May 16, 2009, and strong workplace health and safety protection Brentwood Healthcare will celebrate the long laws. A POEM BY MR. ROBERT DANA lives of these six individuals by having Cente- Each year over 5,000 deaths result from oc- narian Day at their facility on May 15, 2009. cupational hazards. In 2007, 81 of these These residents have witnessed an extraor- deaths occurred in New York City alone. Many HON. DAVID LOEBSACK dinary amount of history, and their long lives of these might have been prevented by the OF IOWA are an inspiration to all of us. enforcement stronger workplace safety stand- I ask my colleagues to join me in honoring ards. IN THE HOUSE OF REPRESENTATIVES these centenarians, and I wish them continued Today, on Workforce Memorial Day, I urge Tuesday, April 28, 2009 life, good health, and strength. my fellow Members of Congress to join me in f commemorating our workforce, their dedica- Mr. LOEBSACK. Madam Speaker, as men- tion, and their perseverance, while resolving to tioned in my one-minute speech regarding A PROCLAMATION DECLARING create a safer and healthier work environment Robert Dana, I submit one of his poems. APRIL 24TH TO THE 26TH TO BE for all. TUSCARAWAS COUNTY PAY IT A SHORT HISTORY OF THE MIDDLE WEST FORWARD WEEKEND, AND COM- f (By Robert Dana) MENDING THE LEADERSHIP TUSCARAWAS CLASS OF 2009 FOR HONORING ANTHONY ALAMPI Under this corn, these beans, THEIR WORK AT THE FORE- these acres of tamed grasses, FRONT OF COMMUNITY SERVICE HON. SCOTT GARRETT the prairie still rolls, OF NEW JERSEY heave and trough, HON. ZACHARY T. SPACE IN THE HOUSE OF REPRESENTATIVES breaker and green curl, OF OHIO an ocean of dirt tilting and tipping. IN THE HOUSE OF REPRESENTATIVES Tuesday, April 28, 2009 Its towns toss up on the distance, your distance, Tuesday, April 28, 2009 Mr. GARRETT of New Jersey. Madam Speaker, I rise today to honor Anthony like the wink of islands. Mr. SPACE. Madam Speaker: Alampi, of Sussex County, who passed away And the sky Whereas, the 2009 class of Tuscarawas unexpectedly on January 28, 2009. is a blue voice Leadership seeks to encourage community you cannot answer for. service among the county’s youth; and A small businessman for many years, An- The forked and burning wildflowers Whereas, the Pay It Forward Challenge is thony owned Alampi’s Deli in Paramus and that madden being held in conjunction with Global Youth Alampi’s Luncheonette in Bergenfield. Later, the ditches Services Weekend and the Tuscarawas Coun- along with his wife Maria, Anthony owned Stir nod without vocabulary. and Shoot in Sussex County, where they Your neighbor ty United Way’s Day of Caring; and Whereas, the Tuscarawas Leadership has taught shooting and gun safety courses along is out early this morning-the air with traditional Italian cooking lessons. already humid as raw diamond. found willing participants in each of the coun- Drunk or lonely, ty’s public school superintendents to allow stu- A strong defender of the 2nd Amendment, he’s scattering large scraps of white dents to take part; and Anthony served as a NRA Benefactor Life bread for the birds Whereas, both adults and youth will be par- Member, NRA Senior Training Counselor and as if it were winter. ticipating in many different community service NRA 2nd Amendment Task Force Member. He’d give you the sour undershirt off projects across the county throughout the He also contributed his time as a Regional his back— weekend; and Vice President of the Association of New Jer- sweet, bad man. Whereas, research has shown that vol- sey Pistol and Rifle Clubs. Does he remember unteerism plays an important role in shaping It was a pleasure to get to know Anthony rain salting down from that flat, far shore skills, social development and a sense of em- and be a guest in his house. His gregarious of clouds powerment in young people everywhere; now, nature, quick smile and open hearted laugh slowly changing therefore, be it were well known by both his friends and cus- its story? Resolved that, along with the friends and tomers alike. It is with great sadness that we family of the Tuscarawas Leadership Class of learned of his untimely death. 2009, and the residents of the 18th Congres- Anthony will be greatly missed by many sional District, I commend the Tuscarawas throughout northern New Jersey. I extend my Leadership for leading the way in encouraging sympathies and prayers to the Alampi family youth community service involvement, and de- and those close to him.

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A28AP8.010 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E995 A PROCLAMATION HONORING lage community. His devotion serves as an CCM was founded in 1968 to provide chal- COACH NORM PERSIN FOR example to others and it is an honor to rep- lenging, yet affordable, education opportunities COACHING THE OAK HILL HIGH resent him in the 26th Congressional district of for local students. This ideal is still upheld SCHOOL BOYS’ BASKETBALL Texas. today, as CCM continues to maintain high TEAM TO WINNING THE BOYS’ f academic standards, as well as low tuition DIVISION IV STATE BASKETBALL costs. CHAMPIONSHIP TRIBUTE TO LCDR JAMES DEMOTT At the time of its inception, CCM had only one building and less than 1,300 students. HON. ZACHARY T. SPACE HON. DENNIS MOORE Under the direction of Dr. Sherman H. Masten, OF OHIO OF KANSAS the college’s first president, CCM expanded to include an additional five buildings and an en- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES rollment that peaked at 12,012 students in Tuesday, April 28, 2009 Tuesday, April 28, 2009 1982. President Dr. Edward Yaw has contin- Mr. SPACE. Madam Speaker: Mr. MOORE of Kansas. Madam Speaker, I ued the expansion and renovation of the cam- Whereas, Coach Norm Persin showed hard rise today to pay tribute to my constituent, pus, and under his guidance, CCM has be- work and dedication to the sport of basketball; LCDR James Demott, who will be retiring in come the state-of-the-art educational facility it and June 2009, following a distinguished career is today. Whereas, Norm Persin was a leader and serving our country in the United States Navy. The college currently offers 87 degree and mentor for the Oak Hill High School Boys’ LCDR James E. Demott, whose home of certificate programs and has over 8,500 stu- Basketball Team; and record is Westwood, KS, is a 1989 graduate dents enrolled in undergraduate studies. CCM Whereas, Norm Persin has been a role of the United States Naval Academy. He was has a true tradition of excellence which, model for sportsmanship on and off of the designated a Naval Flight Officer in August thanks to its outstanding leadership, superior court; now, therefore, be it 1991 and reported to Tactical Electronic War- faculty and staff and motivated students. CCM Resolved, that along with his friends, family, fare Squadron 140, Whidbey Island, WA, fly- is one of the foremost community colleges in and the residents of the 18th Congressional ing the EA–6B on worldwide missions. In Jan- New Jersey and the nation. District, I congratulate Coach Norm Persin for uary 1997, after receiving an NFO to pilot Madam Speaker, I urge my colleagues to leading the Oak Hill High School Boys’ Bas- transition, he was designated a Naval Aviator. join me in congratulating the County College ketball Team to winning the Boys’ Division IV LCDR Demott’s flying tours included duty of Morris on the celebration of 40 years of State Basketball Championship. We recognize with Fleet Air Reconnaissance Squadron service to the State of New Jersey and Morris the tremendous hard work and leadership he FOUR, Oklahoma City, OK, from 1997–2000 County. has demonstrated during the 2008–2009 Bas- where he was qualified as an E–6A Aircraft f ketball season. Commander and Deputy for Safety and Train- A PROCLAMATION HONORING f ing. From 2001–2002 he was assigned to Fleet Air Reconnaissance Squadron THREE RYAN BOGGS FOR WINNING THE CELEBRATING JUDGE RON as an Aircraft Commander. In 2002, he trans- BOYS’ DIVISION IV STATE BAS- HURST’S 30 YEARS OF SERVICE ferred to Training Squadron TWENTY-SEVEN KETBALL CHAMPIONSHIP TO HIGHLAND VILLAGE, TEXAS in Corpus Christi, TX, where he served as an Instructor Pilot, flying the T–34C Mentor, train- HON. ZACHARY T. SPACE HON. MICHAEL C. BURGESS ing the finest combat aviators in the world. His OF OHIO OF TEXAS leadership helped the squadron garner the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES prestigious Chief of Naval Operations Safety Tuesday, April 28, 2009 Award in 2004. From 2005–2007, LCDR Tuesday, April 28, 2009 Mr. SPACE. Madam Speaker: Demott was assigned overseas to Com- Whereas, Ryan Boggs showed hard work Mr. BURGESS. Madam Speaker, I rise mander U.S. Naval Forces, Korea HQ Seoul, today to celebrate the contributions of Judge and dedication to the sport of basketball; and South Korea, working Future Plans Oper- Whereas, Ryan Boggs was a supportive Ron Hurst and his 30 years of distinguished ations. In 2007, he moved to Corpus Christi, service. As a Member of the State Bar of team player; and TX, and was assigned to Training Air Wing Whereas, Ryan Boggs always displayed Texas, Judge Hurst has served his community FOUR as the Aviation Safety Officer. He has sportsmanship on and off of the court; now, of Highland Village with acute clarity of the law logged over 3000 flight hours in various naval therefore, be it and a stringent application of justice. His rep- aircraft. Resolved, that along with his friends, family, utation is one of impartiality and fairness. LCDR Demott’s awards include the Meri- and the residents of the 18th Congressional Judge Ron Hurst is an alumnus of Loyola torious Service Medal, Air Medal, 2 Navy Ma- District, I congratulate Ryan Boggs on winning University School of Law. In 1977, he moved rine Corps Commendation Medals, 4 Navy the Boys’ Division IV State Basketball Cham- to Texas from Louisiana and found his home and Marine Corps Achievement Medals and pionship. We recognize the tremendous hard within the Highland Village community. He ac- various other unit, campaign and personal work and sportsmanship he has demonstrated cepted the position of Corporate Attorney with awards. during the 2008–2009 basketball season. the Placid Oil Company of Dallas, Texas and Madam Speaker, LCDR Demott’s service to f joined the Texas Bar. Judge Hurst claims the his country reflects the best of America, and distinct honor of being the first judge of the we are grateful and are honored to recognize 50TH ANNIVERSARY OF THE THEO- Highland Village Municipal Court. Having him and his family for the sacrifices made over DORE BURR COVERED BRIDGE served as the presiding judge for the past 30 his 20 years of naval service. SOCIETY years, he is the city’s longest tenured em- f ployee. HONORING COUNTY COLLEGE OF HON. BILL SHUSTER Judge Hurst moved to the Highland Village OF PENNSYLVANIA area when it was home to 800 families. As the MORRIS IN THE HOUSE OF REPRESENTATIVES city grew, Hurst continued to dedicate his time to the development of the community. Aside HON. RODNEY P. FRELINGHUYSEN Tuesday, April 28, 2009 from being a loving husband and father, he OF NEW JERSEY Mr. SHUSTER. Madam Speaker, it is with served on the Highland Village Planning and IN THE HOUSE OF REPRESENTATIVES great pleasure that I acknowledge the efforts Zoning Commission, the Board of Ethics and of the Theodore Burr Covered Bridge Society his work as a Court Appointed Special Advo- Tuesday, April 28, 2009 as they approach their 50th anniversary. cate volunteer. Hurst is also involved in his Mr. FRELINGHUYSEN. Madam Speaker, I The Theodore Burr Covered Bridge Soci- church where he has served as a teacher, rise today to recognize County College of Mor- ety’s mission of promoting interest and active youth group facilitator and Financial Com- ris (CCM) in Randolph Township, Morris participation in the preservation and restora- mittee member. County, New Jersey, a distinguished institution tion of the remaining historical covered bridges Madam Speaker, I am proud to recognize of higher education I am proud to represent! in the Commonwealth of Pennsylvania serves Judge Ron Hurst for his 30 years of legal On April 24, 2009, the college will celebrate its to ensure that important aspects of our com- service and contributions to the Highland Vil- Fortieth Anniversary. munity’s rich history remain intact. In doing so

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.008 E28APPT1 rfrederick on PROD1PC67 with REMARKS E996 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 future generations will be afforded the oppor- A PROCLAMATION HONORING OAK Madam Speaker, I ask my colleagues to join tunity to see first hand the beauty and effi- HILL HIGH SCHOOL FOR THEIR me in congratulating Michael Wurth on his ac- ciency that is associated with early Pennsyl- SUPPORT OF THE OAK HILL ceptance of appointment to the United States vania architecture. HIGH SCHOOL’S BOYS’ BASKET- Air Force Academy. Our service academies BALL TEAM offer the finest military training and education Named after Theodore Burr, the early Amer- available. I am positive that Mike will excel ican engineer, the Theodore Burr Covered during his career at the Air Force Academy Bridge Society’s efforts honor the life and HON. ZACHARY T. SPACE and I ask my colleagues to join me in extend- works of Mr. Burr, while simultaneously OF OHIO IN THE HOUSE OF REPRESENTATIVES ing their best wishes to him as he begins his bettering our community as a whole. For this service to the Nation. I congratulate them on their 50th anniversary. Tuesday, April 28, 2009 f Mr. SPACE. Madam Speaker: f Whereas, Oak Hill High School has dis- A PROCLAMATION HONORING AUS- played incredible dedication to creating well- TIN BROWN FOR WINNING THE PERSONAL EXPLANATION rounded students; and BOYS’ DIVISION IV STATE BAS- Whereas, the Oak Hill High School has KETBALL CHAMPIONSHIP been supportive of their athletes; and HON. JEFF FORTENBERRY Whereas, the Oak Hill High School has broadened the abilities and skills of their ath- HON. ZACHARY T. SPACE OF NEBRASKA OF OHIO letes in the sport of basketball; and IN THE HOUSE OF REPRESENTATIVES Whereas, the Oak Hill High School has al- IN THE HOUSE OF REPRESENTATIVES ways promoted sportsmanship on and off of Tuesday, April 28, 2009 Tuesday, April 28, 2009 the court; now, therefore, be it Mr. SPACE. Madam Speaker: Resolved, that along with their friends, fam- Mr. FORTENBERRY. Madam Speaker, on Whereas, Austin Brown showed hard work ily, and the residents of the 18th Congres- Thursday, April 23, 2009, I was unavoidably and dedication to the sport of basketball; and sional District, I congratulate the Oak Hill High detained and thus I missed rollcall votes Nos. Whereas, Austin Brown was a supportive School on supporting their Boys’ Basketball 201 and 202. Had I been present, I would team player; and team in winning the Boys’ Division IV State have voted ‘‘aye’’ on both votes. Whereas, Austin Brown always displayed Basketball Championship. We recognize the sportsmanship on and off of the court; now, tremendous amount of support they have therefore, be it f given to their athletes. Resolved, that along with his friends, family, HONORING COLONEL JIM AYERS f and the residents of the 18th Congressional ON THE OCCASION OF HIS RE- IN SPECIAL RECOGNITION OF MI- District, I congratulate Austin Brown on win- TIREMENT CHAEL WURTH ON HIS APPOINT- ning the Boys’ Division IV State Basketball MENT TO ATTEND THE UNITED Championship. We recognize the tremendous STATES AIR FORCE ACADEMY hard work and sportsmanship he has dem- HON. HEATH SHULER onstrated during the 2008–2009 basketball season. OF NORTH CAROLINA HON. ROBERT E. LATTA OF OHIO f IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES HONORING MICHAEL BRUEN WOOD Tuesday, April 28, 2009 Tuesday, April 28, 2009 Mr. SHULER. Madam Speaker, I rise today Mr. LATTA. Madam Speaker, it is my great HON. SAM GRAVES to recognize the sterling career of Colonel Jim pleasure to pay special tribute to an out- OF MISSOURI Ayers of McDowell County. Colonel Ayers is standing young man from Ohio’s Fifth Con- IN THE HOUSE OF REPRESENTATIVES gressional District. I am happy to announce retiring on September 1, 2009 from the United Tuesday, April 28, 2009 that Michael Wurth of Perrysburg, Ohio has States Air Force after 26 years of dedicated been offered an appointment to attend the Mr. GRAVES. Madam Speaker, I proudly service. United States Air Force Academy in Colorado pause to recognize Michael Bruen Wood a Colonel Ayers, a graduate of the University Springs, Colorado. very special young man who has exemplified of North Carolina, was commissioned in 1983 Mike’s offer of appointment poises him to at- the finest qualities of citizenship and leader- through the ROTC program. He has served tend the United States Air Force Academy this ship by taking an active part in the Boy Scouts his country through a variety of assignments in fall with the incoming cadet Class of 2013. At- of America, Troop 418, and in earning the acquisitions, mobility operations, and doctrine tending one of our Nation’s military academies most prestigious award of Eagle Scout. development. Colonel Ayers is a Command is an invaluable experience that offers a world- Michael has been very active with his troop Pilot with more than 3,500 flight hours in the class education while placing demands on participating in many scout activities. Over the C–141, KC–10, and C–32. As an operational those who undertake one of the most chal- many years Michael has been involved with commander, he led the First Airlift Squadron lenging and rewarding experiences of their scouting, he has not only earned numerous at Andrews Air Force Base where his unit was lives. merit badges, but also the respect of his fam- responsible for the transportation of the Vice- Mike brings an enormous amount of leader- ily, peers, and community. President, First Lady, Members of Congress ship, service, and dedication to the incoming Madam Speaker, I proudly ask you to join and senior cabinet officials. He also helped class of Air Force cadets. While attending me in commending Michael Bruen Wood for shape our military’s doctrine and policy while Perrysburg High School in Perrysburg, Ohio, his accomplishments with the Boy Scouts of serving as an analyst at the Headquarters Air Mike was a member of the National Honor So- America and for his efforts put forth in achiev- Force Doctrine Center and as a research staff ciety and High Honor Roll. ing the highest distinction of Eagle Scout. member at the Institute for Defense Analyses. Outside the classroom, Mike was active in f Most recently, Colonel Ayers led the Wash- Boy Scouts, serving as a Patrol Leader, Chap- lain’s Aide, and Order of the Arrow Brother- CONGRATULATING DEPUTY KEVIN ington Operations section of United States hood Member. He obtained the rank of Eagle VICE, MARION COUNTY SHER- Joint Forces Command. Scout and served as a Junior Assistant Scout- IFF’S DEPUTY OF THE YEAR Colonel Ayers has admirably served his master. Mike participated on Perrysburg High country without question or reservation and, in School’s cross country, track, and wrestling HON. ANDRE´ CARSON doing so, has set standards of honor, respect, teams, earning varsity letters in each and OF INDIANA duty and country for his fellow soldiers, sail- serving as captain of the cross country and IN THE HOUSE OF REPRESENTATIVES ors, airmen and marines. On behalf of myself wrestling teams. Mike also organized commu- and my constituents, I extend to Colonel Jim nity track meets. I am confident that Mike will Tuesday, April 28, 2009 Ayers my gratitude, deep appreciation and carry the lessons of his student leadership to Mr. CARSON of Indiana. Madam Speaker, I well wishes for a good retirement. the Air Force Academy. am proud to honor Deputy Kevin Vice for

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28AP8.018 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E997 being recognized as Marion County’s Sheriff’s Outside the classroom, Matt was a member dent Barack Obama signed into law the Lilly Deputy of the Year. Deputy Vice received this of the Quiz Team, French Club, Youth Soccer Ledbetter Fair Pay Act to ensure that victims prestigious award for his courageous response Club, Camp Palmer Counselor, Prom Com- of pay discrimination can effectively challenge to a gun shooting that took place while he was mittee, and Student Advisory Board. Matt par- unequal pay, marking a significant step for- off-duty. Without any back-up support he deftly ticipated on Napoleon High School’s soccer, ward in the struggle for equality in pay and fair maintained his composure as he helped a swimming, and tennis teams. I am confident treatment in the workplace for all Americans. wounded victim, reported a run-away vehicle, that Matt will carry the lessons of his student Though great progress is being made, signifi- called for emergency help and detained two leadership to the Air Force Academy. cant challenges remain in the struggle against individuals who had been near the scene of Madam Speaker, I ask my colleagues to join gender-based pay discrimination. the crime. Due to his heroic actions, a suspect me in congratulating Matthew DeMichiei on his I urge my colleagues and employers nation- was later arrested. acceptance of appointment to the United wide to take up the fight to eliminate the unfair Deputy Vice has worked with the Indianap- States Air Force Academy. Our service acad- wage discrepancy between men and women olis Metropolitan Police Department and the emies offer the finest military training and edu- as we all honor Equal Pay Day. Marion County Sheriff’s Department, proudly cation available. I am positive that Matt will f serving the city of Indianapolis, Indiana as a excel during his career at the Air Force Acad- law enforcement officer since 2001. In addition emy and I ask my colleagues to join me in ex- WORKERS’ MEMORIAL DAY to his extensive experience, it was his training tending their best wishes to him as he begins that made the greatest difference last June in his service to the Nation. HON. LINDA T. SA´ NCHEZ contributing to his heroic efforts. f OF CALIFORNIA In going above and beyond the call of duty, IN THE HOUSE OF REPRESENTATIVES Deputy Vice has personified the best that Mar- IN HONOR OF EQUAL PAY DAY Tuesday, April 28, 2009 ion County law enforcement has to offer. I would like to extend my most sincere thanks HON. AL GREEN Ms. LINDA T. SA´ NCHEZ of California. to Deputy Vice for his courageous dedication OF TEXAS Madam Speaker, I rise today in honor of to the safety of our community. IN THE HOUSE OF REPRESENTATIVES Workers’ Memorial Day. Every day, working people across our Nation are putting their lives Madam Speaker, I urge my colleagues to Tuesday, April 28, 2009 join me in honoring Deputy Vice for his out- on the line, just by getting up and going to standing service and wish him continued suc- Mr. AL GREEN of Texas. Madam Speaker, work. In a perennially underreported tragedy, cess in his work as one of Indianapolis’ finest I wish to acknowledge and honor Equal Pay more than 5,000 Americans die each year on public servants. Day, a national day of recognition instituted by the job, and millions more experience occupa- President Clinton in 1998 to raise awareness f tional injuries and illnesses. about the wage disparity and discrimination That means about 16 workers in the U.S. IN SPECIAL RECOGNITION OF MAT- between men and women. die each day at work. And those who die are THEW DEMICHIEI ON HIS OF- America has made some strides in nar- not only those in professions seen as dan- FERS OF APPOINTMENT TO AT- rowing this discrepancy in the workplace, but gerous, like law enforcement or firefighting— TEND THE UNITED STATES AIR the fight for equal pay for equal work still re- they are also mechanics, store clerks, bus FORCE ACADEMY AND THE mains prevalent and pertinent today. Thirty- drivers, and landscapers. And the deaths are UNITED STATES MERCHANT MA- five years ago, when President Kennedy often close to home. Earlier this month, a 38- RINE ACADEMY signed the Equal Pay Act of 1963, women year-old construction worker was killed back who worked full-time, year-round made 59 home in the southern Los Angeles area when HON. ROBERT E. LATTA cents on average for every dollar earned by a garage collapsed on him while he worked on OF OHIO their male counterparts. In 2006, women a remodeling project. IN THE HOUSE OF REPRESENTATIVES earned 77 cents for every dollar earned by To honor those who have died, and to draw men; the figures are even more unsettling for attention about the need for better enforce- Tuesday, April 28, 2009 women of color. This data demonstrates that ment of our workplace health and safety laws, Mr. LATTA. Madam Speaker, it is my great the wage gap has narrowed by less than half I join with Rep. EDDIE BERNICE JOHNSON and pleasure to pay special tribute to an out- a cent per year. An 18 cent increase over 35 Rep. BRUCE BRALEY today to introduce a reso- standing young man from Ohio’s Fifth Con- years indicates a significant wage discrepancy lution recognizing the importance of Workers’ gressional District. I am happy to announce between working men and women that leaves Memorial Day. that Matthew DeMichiei of Napoleon, Ohio has a great deal of work for the employers and de- Workers’ Memorial Day is a reminder that been offered appointments to attend the cision makers of today. The day on which each death is a life cut short—a worker who United States Air Force Academy and the Equal Pay Day falls represents how far into left behind a family and friends. United States Merchant Marine Academy. Matt the year on average a women must work to I encourage everyone to take a moment has accepted the offer to attend the United receive the same amount of pay that a man today to recognize the needless sacrifice that States Air Force Academy in Colorado earned during the previous year. these workers’ and their families made this Springs, Colorado. In the state of Texas, between 2004 and year and in years past. Matt’s offer of appointment poises him to at- 2006, the average annual salary of men with Going to work should not be a life and tend the United States Air Force Academy this a college degree or more was $63,000, while death proposition. Workers’ Memorial Day is a fall with the incoming cadet Class of 2013. At- their female counterparts only received an av- reminder that we can do better. tending one of our Nation’s military academies erage annual salary of $45,000 with the same f is an invaluable experience that offers a world- credentials. In comparison, during that same class education while placing demands on time frame, the national average annual salary HONORING RYAN JAMES those who undertake one of the most chal- for men with a college degree or more was lenging and rewarding experiences of their $66,000, while their female counterparts re- HON. SAM GRAVES lives. ceived only $50,000. In fact, the state of OF MISSOURI Matt brings an enormous amount of leader- Texas is about 5% below the national average IN THE HOUSE OF REPRESENTATIVES ship, service, and dedication to the incoming in narrowing the wage disparity between men class of Air Force cadets. While attending Na- and women. Tuesday, April 28, 2009 poleon High School in Napoleon, Ohio, Matt A great woman and former congresswoman Mr. GRAVES. Madam Speaker, I proudly attained a grade point average that placed him from Texas, Barbara Jordan, once said that, pause to recognize Ryan James a very spe- among the top of his class. While a gifted ath- ‘‘If the society of today allows wrongs to go cial young man who has exemplified the finest lete, Matt has maintained the highest stand- unchallenged, the impression is created that qualities of citizenship and leadership by tak- ards of excellence in his academics, choosing those wrongs have the approval of the major- ing an active part in the Boy Scouts of Amer- to enroll and excel in Advanced Placement ity.’’ To take the late Ms. Jordan’s advice: we ica, Troop 75, and in earning the most pres- classes throughout high school. Matt is a who live in today’s society must not allow the tigious award of Eagle Scout. member of the National Honor Society, Honor wrongs created by wage discrimination to con- Ryan has been very active with his troop Roll, and has earned varsity letters in soccer tinue to undermine the civil liberties of minori- participating in many scout activities. Over the each of his four years. ties and women. On January 29, 2009, Presi- many years Ryan has been involved with

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28AP8.022 E28APPT1 rfrederick on PROD1PC67 with REMARKS E998 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 scouting, he has not only earned numerous IN HONOR OF CAPTAIN JOHN transformed irrigation practices across the merit badges, but also the respect of his fam- ‘‘MUD’’ MEDVESCEK, INDIANAP- world. Scientists in Israel have also developed ily, peers, and community. OLIS FIREFIGHTER OF THE fruits and vegetables that are resistant to dis- YEAR ease. Madam Speaker, I proudly ask you to join Not only has Israel been the source of agri- me in commending Ryan James for his ac- ´ cultural improvements, but it has also complishments with the Boy Scouts of Amer- HON. ANDRE CARSON OF INDIANA partnered with the U.S. in several scientific ini- ica and for his efforts put forth in achieving the IN THE HOUSE OF REPRESENTATIVES tiatives. As the representative of New Jersey’s highest distinction of Eagle Scout. Fifth District, which is home to many small Tuesday, April 28, 2009 farms that help make up the Garden State, I f Mr. CARSON of Indiana. Madam Speaker, I am grateful for how Israel has pioneered nu- rise today to honor Captain John ‘‘Mud’’ merous agricultural initiatives. IN SPECIAL RECOGNITION OF Medvescek with the Indianapolis Fire Depart- I am also grateful for how Israel has been JARED LEININGER ON HIS AP- ment. On April 16, 2009, he was recognized an example to other countries. I have many POINTMENT TO ATTEND THE as Indianapolis’ 2008 Firefighter of the Year Jewish friends and I am always impressed by UNITED STATES AIR FORCE for his outstanding service to the city of Indi- how they value freedom. It is free markets and ACADEMY anapolis. free thinking that enable new inventions, and With thirty years of service with the Indian- these inventions in turn help future genera- apolis Fire Department, Captain Medvescek tions to prosper. As Israel celebrates this 61st HON. ROBERT E. LATTA has exemplified himself through his commit- anniversary, I encourage my constituents to OF OHIO ment to ensuring the safety of our community. reflect on the achievements of the past as we As a member of the advanced rescue squad work to better our children’s future. IN THE HOUSE OF REPRESENTATIVES he has worked tirelessly and bravely to pro- f vide emergency response support to those in Tuesday, April 28, 2009 HONORING CLAYTON MATHER need. Through these experiences, Captain Mr. LATTA. Madam Speaker, it is my great Medvescek has been able to generously share pleasure to pay special tribute to an out- his wealth of knowledge, which has allowed HON. SAM GRAVES OF MISSOURI standing young man from Ohio’s Fifth Con- him to play an invaluable role in training the IN THE HOUSE OF REPRESENTATIVES gressional District. I am happy to announce next generation of firefighters. For decades he has bravely served on the that Jared Leininger of Archbold, Ohio has Tuesday, April 28, 2009 front lines, selflessly fighting to save the lives been offered an appointment to attend the Mr. GRAVES. Madam Speaker, I proudly of countless Hoosiers in the face of great dan- pause to recognize Clayton Mather a very United States Air Force Academy in Colorado ger. As a former law enforcement officer, I un- Springs, Colorado. special young man who has exemplified the derstand the true value of Captain finest qualities of citizenship and leadership by Jared’s offer of appointment poises him to Medvescek’s dedication to our city and to the taking an active part in the Boy Scouts of attend the United States Air Force Academy people of Indianapolis. America, Troop 75, and in earning the most this fall with the incoming cadet Class of 2013. Madam Speaker and distinguished col- prestigious award of Eagle Scout. Attending one of our Nation’s military acad- leagues, I urge you to join me in thanking Clayton has been very active with his troop emies is an invaluable experience that offers Captain Medvescek for his tremendous con- participating in many scout activities. Over the tributions. He is a devoted public servant a world-class education while placing de- many years Clayton has been involved with whose mentorship has served as a lasting leg- mands on those who undertake one of the scouting, he has not only earned numerous acy for those aspiring to pursue careers dedi- merit badges, but also the respect of his fam- most challenging and rewarding experiences cated to protecting the lives of others. of their lives. ily, peers, and community. f Madam Speaker, I proudly ask you to join Jared brings an enormous amount of lead- 61ST ANNIVERSARY OF ISRAEL me in commending Clayton Mather for his ac- ership, service, and dedication to the incoming complishments with the Boy Scouts of Amer- class of Air Force cadets. While a gifted ath- ica and for his efforts put forth in achieving the lete, Jared has maintained the highest stand- HON. SCOTT GARRETT highest distinction of Eagle Scout. OF NEW JERSEY ards of excellence in his academics, having f IN THE HOUSE OF REPRESENTATIVES been on the alpha honor roll and honor roll IN SPECIAL RECOGNITION OF JAC- Tuesday, April 28, 2009 each year, and earned varsity letters in wres- QUELINE CRAWFORD ON HER AP- tling and football. Mr. GARRETT of New Jersey. Madam POINTMENT TO ATTEND THE Outside the classroom, Jared was a mem- Speaker, today, I rise to recognize the 61st UNITED STATES NAVAL ACAD- ber of Fellowship of Christian Athletes, Hand anniversary of the founding of the modern EMY PREPARATORY SCHOOL Bell Choir, Senior Lutheran Youth Fellowship, state of Israel. Israel has been one of our serving as both Vice President and President, strongest allies and I am thankful for the bond HON. ROBERT E. LATTA of friendship and cooperation that we share. and served as an elementary tutor and teach- OF OHIO After all, our two countries have many historic ers’ aide. Jared participated on Archbold High IN THE HOUSE OF REPRESENTATIVES similarities. We both have faced war and School’s football, wrestling, and baseball fought for peace and freedom. We both con- Tuesday, April 28, 2009 teams. Jared’s dedication and service to the tinue to pursue liberty despite ongoing opposi- Mr. LATTA. Madam Speaker, it is my great community and his peers has proven his abil- tion. pleasure to pay special tribute to an out- ity to excel among the leaders at the Air Force For 2,000 years, most Jews had been scat- standing young woman from Ohio’s Fifth Con- Academy. I have no doubt that Jared will take tered around the world, often enduring intense gressional District. I am happy to announce the lessons of his student leadership with him persecution and discrimination. After World that Jacqueline Crawford of Waterville, Ohio to Colorado Springs. War II, the Jewish people desired to return to has been offered an appointment to attend the Madam Speaker, I ask my colleagues to join their ancient homeland and live in the land United States Naval Preparatory School in me in congratulating Jared Leininger on his that had once belonged to their forefathers. Newport, Rhode Island. The Holocaust revived their desire to form a Jackie’s offer of appointment poises her to acceptance of appointment to the United new state, even though the land of their an- attend the United States Naval Preparatory States Air Force Academy. Our service acad- cestors was merely a dry, almost barren ter- School this fall, and after successful comple- emies offer the finest military training and edu- rain. tion, will attend the United States Naval Acad- cation available. I am positive that Jared will After winning independence, the Israelis emy with the incoming midshipmen Class of excel during his career at the Air Force Acad- amazingly transformed the wilderness into a 2014. Attending one of our Nation’s military emy and I ask my colleagues to join me in ex- site of thriving agriculture production. One academies is an invaluable experience that of- tending their best wishes to him as he begins Jewish scientist developed the first surface fers a world-class education while placing de- his service to the Nation. drip irrigation system and this discovery has mands on those who undertake one of the

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.013 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E999 most challenging and rewarding experiences cle’’ as other anti-discrimination statutes, in- nation. As with the EPA, she must show that of their lives. cluding Title VII of the 1964 Civil Rights Act the reason for the disparity is sex discrimina- Jackie brings an enormous amount of lead- and the age Discrimination in Employment tion, not legitimate market factors. ership, service, and dedication to the incoming Act, both of which I administered along with Corrections to achieve comparable pay for class of midshipmen. During Jackie’s high the Equal Pay Act. However, the Fair Pay Act men and women are not radical or unprece- school career, she received honors in chem- (FPA) goes the next step, putting an end to dented. State employees in almost half of the istry and chose to enroll and excel in Ad- wage discrimination against women and oth- state governments, in red and blue states vanced Placement courses. ers by establishing equal pay for equal work. alike, have already demonstrated that the pay Outside the classroom, Jackie demonstrated This bill recognizes that women earn signifi- gap that is due to discrimination can be elimi- her dedication and service to her community cantly less than men for work, and amends nated. Twenty states have adjusted wages for and peers by being active in the Race for the the Fair Labor Standards Act of 1938, known women state employees, raising pay for teach- Cure, the Diabetes Research Walk, Meals on as the Equal Pay Act, to provide more effec- ers, nurses, clerical workers, librarians, and Wheels, and other fund raising and relief ef- tive remedies to victims of wage discrimination other female-dominated jobs that paid less forts to assist those less fortunate. Jackie uti- on the basis of sex. The Paycheck Fairness than men with comparable jobs. Minnesota, lized her leadership skills during her participa- Act instructs the Equal Employment Oppor- for example, implemented a pay equity plan tion in Anthony Wayne High School’s FCCLA, tunity Commission (EEOC) and the Office of when they found that similarly skilled female track, choir, theater, softball and as captain of Federal Contract Compliance Programs to jobs paid 20% less than male jobs. There the cheerleading squad. train EEOC employees and affected individ- often will be some portion of the gap that is Madam Speaker, I ask my colleagues to join uals and entities on matters involving wage traceable to market conditions, but twenty me in congratulating Jacqueline Crawford on discrimination and authorizes the Secretary of states have shown that you can tackle the dis- her acceptance of appointment to the United Labor to fund skills training programs for girls crimination gap without interfering with the free States Naval Preparatory School. Our service and women. The bill further directs the Sec- market system. The states generally have academies offer the finest military training and retary to provide studies, information, summits, closed the discrimination gap over a period of education available. I am positive that Jackie guidelines, awards and assistance for em- four or five years at a one-time cost no more will excel during her career at the Naval Acad- ployer evaluations of job categories based on than three to four percent of payroll. emy and I ask my colleagues to join me in ex- objective criteria. In addition, routinely, many women workers tending their best wishes to her as she begins Therefore, with Senator TOM HARKIN, I am achieve pay equity through collective bar- her service to the Nation. pleased again to introduce the FPA to pick up gaining. In addition countless employers on f where the EPA leaves off, by bringing the their own, as they see women shifting out of EPA into the 21st century by taking on sex vital female-dominated occupations, the ef- ON THE INTRODUCTION OF THE segregated jobs where gender influenced fects of the shortage of workers in vital occu- FAIR PAY ACT OF 2009 wages leave the average woman worker with- pations, and the unfairness to women, are out any remedy. raising women’s wages with pay equity adjust- HON. ELEANOR HOLMES NORTON The FPA sends a message to the average ments. The best case for a strong and up- OF DISTRICT OF COLUMBIA woman worker, who is often steered to and dated EPA with at least the Paycheck Fair- IN THE HOUSE OF REPRESENTATIVES then locked into a job with wages that are ness Act occurred here in the Congress in deeply influenced by the gender of those who Tuesday, April 28, 2009 2003, when women custodians in the House have traditionally held those jobs. Women and Senate won an EPA case after showing Ms. NORTON. Madam Speaker, the first bill often are used inconsistent with their qualifica- that women workers were paid a dollar less that President Barack Obama signed was H.R. tions today because of employer steering, and for doing the same and similar work as men. 11, the Lilly Ledbetter Fair Pay Act of 2009 to because of deeply rooted wage stereotypes Had they not been represented by their skillful restore the Equal Pay Act (EPA) to its inter- that result in pay according to gender and not and dedicated union, they would have had an pretation since it was enacted in 1963. That according to the skills, effort, responsibility and almost impossible task using the rules for bill could not wait until today, Equal Pay Day. working conditions necessary to do the job. bringing and sustaining an EPA class action Equal Pay Day marks the day nearly four We introduce the FPA because the pay prob- suit today. The FPA simply modernizes the months into a new year—that women must lems of many women today stem from sex EPA to make such a suit more possible by work to earn as much as men did last year. segregation between the jobs that women and women acting alone. However, although the EPA was highly suc- men traditionally do. Two-thirds of white Start where we like, but Congress should be cessful for close to 20 years, the EPA had women, and three quarters of African Amer- ashamed to let another year go by while work- grown so creaky with age that the Ledbetter ican women, work in just three areas: sales ing families lose more than $200 billion annu- Act could do no more than resuscitate the old and clerical, service, and factory jobs despite ally—more than $4,000 per family—even con- EPA. However, it is long past the time to women’s superior education to men for sev- sidering education, age and hours of works amend the EPA to meet the changed econ- eral decades. Only a combination of more ag- and location. Unequal pay has been built into omy, where women work as much as men, gressive strategies, including the Paycheck the way women have been treated since and in today’s troubled economy women are Fairness Act and the Fair Pay Act can break shortly after Adam and Eve. To dislodge such increasingly supporting husbands, sons and through the ancient societal habits present deep seated and pervasive treatment, we families. My House colleague ROSA DELAURO throughout human time the world over, as well must update old vehicles like the EPA with the and I, and scores of other Members got the as employers steering women into ‘‘women’s Paycheck Fairness Act and create new laws, House to pass the Paycheck Fairness Act and jobs’’ which is as old as paid employment for such as the Fair Pay Act I introduce today. on Equal Pay Day, we urge the Senate to women itself. f pass the Paycheck Fairness Act. Congress- The FPA recognizes that, if men and woman ROSA DELAURO and I have long women are doing comparable work, they HONORING CHARLES WILSON pressed for the passage of the Paycheck Fair- should be paid a comparable wage. For exam- ANDREWS ness Act and both of us testified at its first ple, if a woman is an emergency services op- hearing before the Committee on Education erator, a female-dominated profession, why is HON. SAM GRAVES and Labor during the 110th Congress. My own she often paid considerably less than a fire OF MISSOURI experience as chair of the Equal Employment dispatcher, a male-dominated profession? Is IN THE HOUSE OF REPRESENTATIVES Opportunity Commission (EEOC), when Presi- this because each of these jobs has been dent Jimmy Carter moved the EPA and other dominated by one sex? The Fair Pay Act does Tuesday, April 28, 2009 civil rights statutes to the EEOC as parts of a not decide this issue, but the bill does allow Mr. GRAVES. Madam Speaker, I proudly historic reorganization, demonstrated to me women to show that some or all of the wage pause to recognize Charles Wilson Andrews a both the strengths and the weakness of the disparity is gender based. The burden is on very special young man who has exemplified EPA. the female plaintiff, a difficult case to make in the finest qualities of citizenship and leader- As important as the Ledbetter Act, was it is a market economy, but women deserve the ship by taking an active part in the Boy Scouts only a gate opener to the EPA. The Paycheck right to carry that burden in appropriate cases. of America, Troop 205, and in earning the Fairness Act, passed in the House this ses- The FPA, no more than the EPA, tampers most prestigious award of Eagle Scout. sion is also an important update of the EPA’s with our market system. As with the EPA, the Charles has been very active with his troop basic procedures, giving them ‘‘the same mus- burden will be on the plaintiff to prove discrimi- participating in many scout activities. Over the

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A28AP8.029 E28APPT1 rfrederick on PROD1PC67 with REMARKS E1000 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 many years Charles has been involved with mands on those who undertake one of the John P. Fields, Edward R. Franks, William D. scouting, he has not only earned numerous most challenging and rewarding experiences Franks, Dellon K. Fulton, William M. Gaston, merit badges, but also the respect of his fam- of their lives. Frank A. Genova, Ethan Allen Gillispie, Oben ily, peers, and community. Steven brings an enormous amount of lead- D. Greer, Garland D. Gregory, Walter H. Har- Madam Speaker, I proudly ask you to join ership, service, and dedication to the incoming bour, Eugene Harvey, James M. Henderson, me in commending Charles Wilson Andrews class of midshipmen. While attending Central Roy Gene Hicks, William V. Hines, John L. for his accomplishments with the Boy Scouts Catholic High School in Toledo, Ohio, Steven Hinton, Robert E. Holladay, Loin F. Jacob, of America and for his efforts put forth in attained a grade point average which placed Orville H. Jensen, Alton B. Kay, William B. achieving the highest distinction of Eagle him fourth in his class of 257 students. During Kinman, Anton Koloc, Andrew J. LeBlanc, Scout. Steven’s high school career, he was inducted Thomas B. Ledford, Ottis Littlejohn, Marshall f into the National Honor Society and the H. Lyles, Rudolph E. Lyon, Paul H. Madden, Insignis Society; distinguished as a Regents Norman L. Mauroner, Lucius D. McGehee, CONGRATULATING THE FIRST Scholar; and received a National Merit Com- Edgar C. Morris, Raymond L. Owens, Ray- GRADUATING CLASS OF THE mendation. mond K. Pecanty, Danny L. Phillips, Joe A. D.A.R.E. PROGRAM AT FOREST Outside the classroom, Steven dem- Phillips, Arthur R. Pietsch, Alfred B. Potter, HILL ELEMENTARY onstrated his dedication and service to his Aubie L. Powell, James A. Powell, Melvin A. community and peers by being active in the Powell, Kindred C. Priest, Robert C. Rinehart, HON. RODNEY ALEXANDER Boy Scouts of America in which he obtained Robert D. Roach, Robert G. Robertson, Floyd OF LOUISIANA the rank of Eagle Scout, in addition to earning Cecil Robinson, Carol Wilson Rogers, Rollins IN THE HOUSE OF REPRESENTATIVES four Eagle Palms. Steven utilized his leader- B. Rosenzweig, Frank A. Serio, Melvin L. ship skills during his participation in Central Tuesday, April, 28, 2009 Shirey, Donald C. Sidak, Orvis U. Sigler, Catholic High School’s German Club, Environ- James C. Smith, Ernest L. St. John, Edward Mr. ALEXANDER. Madam Speaker, it is mental Club, Spiritual Commission, and he E. Stevenson, Clyde T. Stovall, Otis L. Strong, with great pride and pleasure that I rise today was a class officer. Athletically, Steven has Jack F. Taylor, Tiny A. Temple, William M. to congratulate the first graduating class of the been an active member of Crew, participating Temple, Oscar Thornton, Dewey C. Thurmon, Drug Abuse Resistance Education program, or in both the fall and spring sessions during the Floyd R. Turley, Coy E. Upshaw, Ray U. D.A.R.E, at Forest Hill Elementary. past four years. I am confident that Steven will Urban, Thomas H. Vincent, Emmitt W. Walker, I am truly proud of the 50 students who par- carry the lessons of his student leadership to Dillon D. Wallace, Thomas A. Watson, Jack L. ticipated in this important class that equips our Annapolis. Whitfield, William C. Wilkins, Kenneth C. young people with the support and knowledge Madam Speaker, I ask my colleagues to join Wood, and Neill A. Yarborough. they need to say no to drugs, underage drink- me in congratulating Steven Billmaier on his ing and gang violence. acceptance of appointment to the United f In 1983, D.A.R.E. began as a small program States Naval Academy. Our service acad- in Los Angeles. Today, it is implemented in HYDROCEPHALUS AWARENESS emies offer the forest military training and edu- MONTH more than 75 percent of our country’s school cation available. I am positive that Steven will districts and in more than 43 other nations. excel during his career at the Naval Academy To mark the success of these students, For- and I ask my colleagues to join me in extend- HON. MICHELE BACHMANN est Hill Elementary will hold a graduating cere- ing their best wishes to him as he begins his OF MINNESOTA mony on May 4, 2009. I am glad these stu- service to the Nation. IN THE HOUSE OF REPRESENTATIVES dents will be recognized for taking this step to- f Tuesday, April 28, 2009 ward leading positive and productive lives. Moreover, I applaud the efforts of the police HONORING THE LOUISIANA Mrs. BACHMANN. Madam Speaker, hydro- officers, faculty and families who helped sup- HONORAIR VETERANS cephalus, or water on the brain, is a medical port this accomplished group as they worked condition that results in an abnormal accumu- to complete the D.A.R.E. program this school HON. JOHN FLEMING lation of cerebrospinal fluid (CSF) in the ventri- year. OF LOUISIANA cles, or cavities, of the brain. Sadly, the prog- nosis for individuals afflicted with hydro- I ask my colleagues to join me in congratu- IN THE HOUSE OF REPRESENTATIVES lating the first graduating class of the D.A.R.E. cephalus is difficult predict and often fatal. Tuesday, April 28, 2009 program at Forest Hill Elementary. Your suc- Moreover, while this condition affects approxi- cess is a true testament to the strong commu- Mr. FLEMING. Madam Speaker, I rise today mately 1 in every 500 births, very few people nity values of Forest Hill. to recognize and honor a very special group are aware of it. f from Northwest Louisiana. Indeed, the National Institute of Neurological On April 11, 2009 a group of 104 veterans Disorders and Stroke (NINDS) is currently IN SPECIAL RECOGNITION OF STE- and their guardians flew to Washington with a conducting research related to hydrocephalus VEN BILLMAIER ON HIS AP- very special program. Louisiana HonorAir is prevention and treatment. However, more POINTMENT TO ATTEND THE providing the opportunity for these Louisiana must be done at the community level to edu- UNITED STATES NAVAL ACAD- veterans to visit Washington, DC on a char- cate individual Americans about this surpris- EMY tered flight, free of charge. For many, this will ingly prevalent disorder. Recognizing Sep- be the first and only opportunity to visit the tember as National Hydrocephalus Awareness HON. ROBERT E. LATTA memorials created in their honor. These brave Month will bring this disease to the public’s at- OF OHIO men and women, from my home state of Lou- tention and encourage the discussions nec- IN THE HOUSE OF REPRESENTATIVES isiana, deserve the thanks of a grateful nation essary to more effectively address the dev- for everything they have sacrificed for our astating effects of this disease and provide Tuesday, April 28, 2009 freedom. support to families who live with it each day. Mr. LATTA. Madam Speaker, it is my great Today I ask my colleagues to join me in For example, currently, the most common pleasure to pay special tribute to an out- honoring these great Americans and thank form of treatment for hydrocephalus involves standing young man from Ohio’s Fifth Con- them for their unselfish service. the insertion of a shunt in order to maintain gressional District. I am happy to announce Dan D. Adcock, John R. Alexander, Bennie the flow of CSF from the brain. This outdated that Steven Billmaier of Bowling Green, Ohio R. Alley, John T. Anderson, Dempsey D. practice often results in complications that can has been offered an appointment to attend the Bankus, Charles R. Bedgood, Henry J. Bird, jeopardize the life of the, often very young, pa- United States Naval Academy in Annapolis, Edd J. Bordelon, Arnold L. Braddock, Robert tient. Through increased awareness and edu- Maryland. I. Brown, Cecil H. Brumley, Charles L. Bryant, cation, we will take the steps needed to mod- Steven’s offer of appointment poises him to James Buggs, Aubra T. Bunn, Curtis E. ernize the treatment of hydrocephalus and attend the United States Naval Academy this Chaffin, James Eugene Chowns, Jack move toward a cure. As one parent summa- fall with the incoming midshipmen Class of Coursey, Jack Creighton, Howard A. Curtis, rized, ‘‘My son, and all the other children who 2013. Attending one of our Nation’s military Edward D. Dark, John Duco, Albert J. Dunn, suffer from Hydrocephalus, are literally 12–15 academies is an invaluable experience that of- Merrille D. Dunn, Robert M. Duvall, Orlando A. hours from irreversible damage, if not death, if fers a world-class education while placing de- Easterling, Kenneth B. Eaves, Guy M. Farley, a shunt failure was to go undetected or left

VerDate Nov 24 2008 05:00 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.015 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1001 untreated. There has got to be a better treat- the 1990’s by former FEMA Administrator IN SPECIAL RECOGNITION OF ment out there, if not an outright cure, we just James Lee Witt as illustrated in the ‘Project MARK BRAKE ON HIS APPOINT- have to find it.’’ Impact’ pilot program. The City of Portland, MENT TO ATTEND THE UNITED I’d like to share the thoughts of a father Oregon and Multnomah County, areas I rep- STATES MILITARY ACADEMY whose toddler son suffers from Hydro- resent, were early partners in the Project Im- cephalus, Michael Illions: ‘‘Our son Cole was pact program which helped to establish a flood HON. ROBERT E. LATTA born on July 25, 2005. We were prepared for hazard Community Rating System. By taking OF OHIO his diagnosis of hydrocephalus since March of steps to mitigate potential flood damages in IN THE HOUSE OF REPRESENTATIVES that year when we learned about it at a rou- excess of FEMA standards, some area flood- Tuesday, April 28, 2009 tine ultrasound. We interviewed Neuro- plain residents were able to qualify for reduc- surgeons and discussed our options for the tions in their flood insurance premiums. On a Mr. LATTA. Madam Speaker, it is my great treatment of the hydrocephalus for Cole which national scale, Project Impact helped commu- pleasure to pay special tribute to an out- in his case would mean brain surgery at 1 day nities large and small across the country make standing young man from Ohio’s Fifth Con- old. The most common treatment for hydro- much needed investments in hazard mitiga- gressional District. I am happy to announce cephalus is the placement of a shunt into the tion. that Mark Brake of Ohio City, Ohio has been ventricles of the brain to drain excess Cerebral offered an appointment to attend the United Spinal Fluid. Cole had his first shunt surgery In 2005, the Multihazard Mitigation Council, States Military Academy in West Point, New on July 26, 2005 at just one day old. 10 more on behalf of FEMA, found that on average, a York. brain surgeries and hospitalizations would fol- dollar spent by FEMA on hazard mitigation Mark’s offer of appointment poises him to low in the next year, including 2 major shunt provides the nation in about $4 in future bene- attend the United States Military Academy this infections. fits. In that regard, the Pre-Disaster Mitigation fall with the incoming Class of 2013. Attending Life with a child living with hydrocephalus is program is a leading example of how the fed- one of our Nation’s military academies is an very unpredictable. We have had to alter our eral government can be a better partner to invaluable experience that offers a world-class lives in many ways. For the first year, we lit- local communities by helping to improve public education while placing demands on those erally slept with a change of clothes right near safety and reduce disaster related financial who undertake one of the most challenging the bed and the car keys on the night stand, losses. It is the right thing to do for commu- and rewarding experiences of their lives. just in case we had to make a late night visit nities that are rebuilding after disasters, like Mark brings an enormous amount of leader- to the ER. As parents, you are constantly ob- New Orleans, and for those trying to avoid be- ship, service, and dedication to the incoming serving your child for shunt failure and things coming the next victims. class of West Point cadets. While attending that regular parents go through like stomach Lincolnview High School in Van Wert, Ohio, viruses and fevers could mean death for your f Mark attained a grade point average which child if not acted on immediately. We never placed him in the top third of his class. During travel to far from home for fear that we will HONORING SERGEANT GLEN Mark’s high school career, he earned several need our hospital and Neurosurgeon in an RUEGSEGGER, INDIANAPOLIS PO- Scholar Athlete Awards and tutored other stu- emergency and when we do venture away, we LICE OFFICER OF THE YEAR dents. He was active in Spanish Club, Science always know where the closest hospital is. Club, and Marching Band, serving as field Cole has experienced development delays commander his senior year. due to his hydrocephalus, multiple surgeries ´ Outside the classroom, Mark demonstrated and so much time spent in the hospital during HON. ANDRE CARSON his dedication and service to his community his first year of life. He didn’t walk till he was OF INDIANA and peers by being active in many church ac- nearly 3 years old and he still doesn’t talk. IN THE HOUSE OF REPRESENTATIVES tivities and excelled on the violin. He was also However, he started Preschool in September a representative at Buckeye Boys State. On and is doing amazingly well. He runs, plays, Tuesday, April 28, 2009 the fields of competition, Mark was a varsity laughs, and plays with other children just like wrestler and participated in track and field any other 3 1/2 year old boy. Yet, as common Mr. CARSON of Indiana. Madam Speaker, I events. I am confident that Mark will carry the as hydrocephalus is; 1 in 500 births, there are rise today to congratulate Sergeant Glen lessons of his student leadership to West still so many people who have no idea what Ruegsegger for being named Police Officer of Point. it is. The experience of having a child with this the Year by the Indianapolis Metropolitan Po- Madam Speaker, I ask my colleagues to join condition has enriched our lives beyond meas- lice Department. Earlier this month, he was me in congratulating Mark Brake on his ac- ure. We have met hundred of wonderful peo- honored as one of Indianapolis’ finest officers ceptance of appointment to the United States ple, started our own support group in our in 2008 for the tremendous contributions he Military Academy. Our service academies offer state, and just recently started the Pediatric has made to his department. the finest military training and education avail- Hydrocephalus Foundation, Inc. It is our goal Under the leadership of Sergeant able. I am positive that Mark will excel during to educate the rest of the United States about Ruegsegger, the Indianapolis Metropolitan Po- his career at the Military Academy and I ask this condition and the millions of people living lice Department has been able to advance the my colleagues to join me in extending their with it.’’ use of technology so that law enforcement of- best wishes to him as he begins his service to f ficers are better equipped with information the Nation. PRE-DISASTER MITIGATION ACT while they are patrolling the streets. By uti- f OF 2009 lizing his expertise as the director of the police technology department, Sergeant Ruegsegger HONORING AMELIA LEUER FOR SPEECH OF has led the effort in developing a mechanism RECEIVING NATIONAL LETTERS HON. EARL BLUMENAUER of sharing case information with other depart- ABOUT LITERATURE AWARD ments. The goal is to allow for effective and OF OREGON timely communication among law enforcement IN THE HOUSE OF REPRESENTATIVES HON. MICHELE BACHMANN officers so that they can fulfill their duty to pro- OF MINNESOTA Monday, April 27, 2009 tect citizens. IN THE HOUSE OF REPRESENTATIVES Mr. BLUMENAUER. Madam Speaker, the As a former law enforcement officer, I un- reauthorization of the Pre-Disaster Mitigation Tuesday, April 28, 2009 derstand the importance of utilizing innovative (PDM) program sends an important signal Mrs. BACHMANN. Madam Speaker, I rise systems that will have a positive impact on the about the effectiveness of hazard mitigation in today to honor Miss Amelia Leuer of lives of Indianapolis residents. I applaud Ser- ensuring public safety and reducing financial Albertville, Minnesota, for being chosen as a geant Ruegsegger on this significant achieve- losses in the event of a natural disaster. I am national winner in the Letters about Literature ment and wish him the best in his continued pleased that the House is reauthorizing the Reading Contest. service to our city. program for an additional three years and in- Miss Leuer, a senior at St. Michael- creasing the minimum amount that each State I urge my colleagues to join me in thanking Albertville High School, was chosen as one of can receive from $500,000 to $575,000. Sergeant Ruegsegger for his exceptional serv- six winners in a national competition with I have been a longtime supporter of pre-dis- ice and congratulate him on this distinguished 55,000 students for her letter to poet Linda aster mitigation and the approach adopted in award. Paston. After studying the piece, ‘‘Caroline,’’

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\K28AP8.018 E28APPT1 rfrederick on PROD1PC67 with REMARKS E1002 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 Miss Leuer chose to write a letter to the au- thington; and Private First Class Joshua licly available comprehensive information on thor expressing the positive impact the poem Young. U.S. foreign assistance on a program-by-pro- provided as she dealt with the tragedy of f gram and country-by-country basis. Upon en- loosing her sister in an accident. actment of this legislation, every American and ‘‘I personally attribute a great deal of that INTRODUCTION OF THE INITI- all recipients of U.S. foreign aid will be able to peace to your poem, ‘Caroline,’ ’’ Miss Leuer ATING FOREIGN ASSISTANCE RE- see where and how U.S. foreign assistance is wrote. ‘‘I realize we can endure this pain only FORM ACT OF 2009 being used. because of small miracles we experience Madam Speaker, overhauling our foreign every day. ‘Caroline’ is one of those miracles.’’ HON. HOWARD L. BERMAN assistance apparatus is critical to safeguarding America’s long-term national security, con- The panel of judges gave Miss Leuer a per- OF CALIFORNIA fronting transnational threats, stimulating glob- fect score for her ‘‘original, emotional, gen- IN THE HOUSE OF REPRESENTATIVES uine, and inspiring response,’’ and Target do- al economic growth and ensuring that U.S. for- nated a $10,000 grant to St. Michael Catholic Tuesday, April 28, 2009 eign assistance reflects the values and prior- ities of the American people. This legislation is Library on her behalf. Mr. BERMAN. Madam Speaker, today I in- a critical first step in achieving these objec- Madam Speaker, on behalf of the Sixth Dis- troduced the Initiating Foreign Assistance Re- tives, and I look forward to working with my trict of Minnesota, I want to congratulate Amel- form Act of 2009. This legislation is an impor- House and Senate colleagues and the Obama ia Leuer for her talent and national achieve- tant first step in reforming and improving the Administration on the broader U.S. foreign as- ment. I wish her the very best as she grad- U.S. foreign assistance program, particularly sistance reform effort. uates high school and pursues what are sure with respect to developing countries. I call it a to be bright endeavors in her future. first step, because I intend to work with my f f House and Senate colleagues later this year IN SPECIAL RECOGNITION OF AL- on a broader reform effort that will include a LISON REEDY ON HER APPOINT- TRIBUTE TO WORKERS MEMORIAL comprehensive rewrite of the Foreign Assist- MENT TO ATTEND THE UNITED DAY ance Act of 1961. STATES AIR FORCE ACADEMY There is broad consensus that the U.S. for- HON. KURT SCHRADER eign assistance program is in need of a signifi- HON. ROBERT E. LATTA OF OREGON cant overhaul. Currently, foreign assistance OF OHIO programs are fragmented across 12 depart- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ments, 25 different agencies, and nearly 60 Tuesday, April 28, 2009 government offices. The current foreign assist- Tuesday, April 28, 2009 Mr. SCHRADER. Madam Speaker, I am ance structure is characterized by duplication, Mr. LATTA. Madam Speaker, it is my great humbled today to recognize my fellow Orego- fragmentation, and conflicting purposes and pleasure to pay special tribute to an out- nians killed on the job or at war in 2008. This objectives. As a result, the United States lacks standing young woman from Ohio’s Fifth Con- nation has made great strides in protecting a clear and consistent strategy toward devel- gressional District. I am happy to announce Americans from all walks of life in all different oping countries. Last week, the Government that Allison Reedy of Tiffin, Ohio has been of- types of jobs, but any death, or injury, result- Accountability Office issued a report detailing fered an appointment to attend the United ing from an on-the-job accident or injury is one the urgent need for developing such a strat- States Air Force Academy in Colorado too many. egy. Springs, Colorado. So as we recognize these men and women Over the years, there have also been criti- Allison’s offer of appointment poises her to on this Workers Memorial Day, let us also cisms about the accountability, effectiveness, attend the United States Air Force Academy pledge to do better to provide safe and pro- and transparency of U.S. foreign assistance. this fall with the incoming cadet Class of 2013. ductive work environments for our nation’s While some of these criticisms have merit, in Attending one of our Nation’s military acad- workers. Let us remember the ultimate sac- the vast majority of cases our assistance is emies is an invaluable experience that offers rifice of these men and women and honor being used to help lift people out of poverty, a world-class education while placing de- their legacies. combat food insecurity, and promote stability mands on those who undertake one of the and good governance all over the world. Yet most challenging and rewarding experiences William Adams, Cecil Alberts, Joshua of their lives. without an effective and transparent system Amos, Eugene Ardissono, Jeffrey Baker, Allison brings an enormous amount of lead- Robert Betz, Shawn Blazer, Kerry Boatman, that tracks our assistance, it is difficult to doc- ership, service, and dedication to the incoming Lance Corporal Dustin Canham, Scott ument our successes. Charleson, Randy Chipman, Edward Clarke, class of Air Force cadets. While attending Tif- In order to begin addressing these issues, fin Columbian High School in Tiffin, Ohio, Alli- Mike Dennison, Captain Bruno de Solenni, this bill requires the President to develop and Michael Dewey; and Coner Duty. son attained a grade point average which implement a comprehensive National Strategy Private First Class Cody Eggleston, Cor- placed her in the top ten percent of her class. poral Jessica Ellis, James Exline, Jene Fitz- for Global Development, which will define and Allison participated in Tiffin Columbian High gerald, Robert Ford, James French, Edrik streamline the roles of each department and School’s marching, concert, and symphonic Gomez, Nathan Gourley, William Hakim, agency engaged in development policies, pro- bands; she was a member of the Quiz Bowl, Matthew Hammer, Thomas Holliday, Kevin grams and activities overseas. In addition, the and was active in TC Crew. Allison was also Ivey, Lance Corporal Robert Johnson, Chris- strategy will establish a process to review and inducted into the National Honor Society. topher Judah; and Stephen Kaufman. improve coordination among the various de- Outside the classroom, Allison was a mem- Jason Ketcheson, Matthew Kohanes, Rob- partments and agencies involved. The strategy ber of the cheerleading and swim teams. Alli- ert Kramer, Roger Kruizenga, Kevin Leader, will also establish objectives for our develop- Timothy Leake, Kelly Linhart, Jeffrey Lit- son utilized her leadership skills as President ment programs, with the goal of reducing pov- tle, Miguel Martinez-Perez, Sergeant of the Spanish Club and leader of the Band Zachary McBride, David McKay, John Mil- erty and contributing to broad-based economic Dance Committee. I am confident that Allison ler, Sergeant Mikeal Miller, Joseph Montero; growth in developing countries. Most impor- will carry the lessons of her student leadership and Joshua Moughler. tantly, it will spell out the connection between to the Air Force Academy. Private Tan Ngo, Mark Phares, Dale Pick- reducing poverty in the developing world and Madam Speaker, I ask my colleagues to join ett, Paul Reiter, Steven Renno, Bryan Rich, advancing U.S. national security and foreign me in congratulating Allison Reedy on her ac- Robert Rolph, Jesse Savage, Roark policy interests. ceptance of appointment to the United States Schwanenberg, George Shaw, Aaron Sim- To improve the accountability and trans- Air Force Academy. Our service academies mons, Terry Smith, Gurdev Sohi, Darrell parency of foreign aid, the legislation requires offer the finest military training and education Souza; and David Steele. Gerald Stierwalt, Brian Swenson, Thomas each U.S. department and agency carrying out available. I am positive that Allison will excel Tennant, Hector Terriquez-Chavez, Chad foreign assistance to develop a system to during her career at the Air Force Academy Thompson, Frank Toohey, Sergeant James monitor and evaluate the effectiveness and ef- and I ask my colleagues to join me in extend- Treber, Tommy Walker, Lieutenant Colonel ficiency of assistance programs. It also re- ing their best wishes to her as she begins her James Wiley, William Woodruff, John Wor- quires the President to publish and make pub- service to the Nation.

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\K28AP8.019 E28APPT1 rfrederick on PROD1PC67 with REMARKS April 28, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E1003 NEW EDITION OF THE GPO STYLE Marine and hydrokinetic devices offer the tion tax benefit, which essentially allows ma- MANUAL potential to capture energy from waves, tides, rine projects to accelerate the depreciation of ocean currents, and the natural flow of water their project costs over five years and will help HON. ROBERT A. BRADY in rivers, as well as marine thermal gradients, enhance project economic returns for private OF PENNSYLVANIA without building new dams or diversions. The developers. IN THE HOUSE OF REPRESENTATIVES potential for this energy is tremendous. The I urge my colleagues to consider this impor- Electric Power Research Institute has esti- tant bill. Tuesday, April 28, 2009 mated that ocean resources in the United f Mr. BRADY of Pennsylvania. Madam States could generate 252 million megawatt Speaker, the GPO is currently distributing cop- hours of electricity, which given as much sup- ‘‘IN CONCERT’’: A POEM BY AL- ies of the latest edition of the U.S. Govern- port as other types of renewable energy, could BERT CARY CASWELL IN HONOR ment Printing Office Style Manual, the first re- be equivalent to 6.5 percent of America’s en- OF THE COLBERT FAMILY, THE vision to this authoritative style guide since tire electricity generation. NATIONAL SYMPHONY, OUR 2000. Currently, Washington State companies, MILITARY BANDS, AND PBS The GPO Style Manual, as it is popularly universities, research institutions and public known, is issued under the authority of section utilities are working to bring affordable, reliable HON. JOHN B. LARSON 1105 of Title 44 of the U.S. Code, which re- and abundant electricity to major urban load OF CONNECTICUT quires the Public Printer, as head of the GPO, centers located near Puget Sound. IN THE HOUSE OF REPRESENTATIVES to ‘‘determine the form and style in which the For example, the Department of Energy printing . . . ordered by a department is exe- designated the Northwest National Marine Re- Tuesday, April 28, 2009 cuted . . . having proper regard to economy, newable Energy Center, run by the University Mr. LARSON of Connecticut. Madam workmanship, and the purposes for which the of Washington and Oregon State University, to Speaker, I submit the following: work is needed.’’ The Manual is prepared by develop tidal and wave research projects. Ad- IN CONCERT the GPO Style Board, composed of proof- ditionally, the Department of Energy’s Marine In the home of The World’s Greatest Democ- reading, printing, and Government documents Sciences Laboratory on the Olympic Peninsula racy . . . specialists from within GPO, where all con- assesses waterpower resource potential to ad- Up upon a hill, our nation gathers as one gressional publications and many other key dress and remove environmental roadblocks twice yearly . . . Federal Government documents are produced. to deployment, testing to accelerate the inte- In Concert, on Memorial weekend . . . The first GPO Style Manual appeared in gration of large-scale waterpower electricity And on The Fourth, as her birthday begins 1894. It was developed originally as a printer’s generation into the Northwest power grid, and ... is essential to establishing a robust basis for For treasured moments, which now live on stylebook to standardize word and type treat- ... ment and remains so today. Through succes- industrial investment based on verifiable tech- All in our hearts, which are now born . . . sive editions, however, the GPO Style Manual nology performance, assured cost basis, and As when, upon Capitol Hill . . . one family has come to be widely recognized by writers environmental performance. Furthermore, two ... and editors both within and outside the Fed- entities in Washington State are further along The Colbert’s, have brought such moments eral Government as one of the most useful re- in deploying tidal energy turbines than anyone to instill . . . you and me . . . sources in the editorial arsenal. else in the United States. Both Verdant Power, All, In Concert . . . The Colbert family . . . The new edition of the GPO Style Manual in partnership with the U.S. Navy, and the And PBS, have so entertained us on TV . . . has been thoroughly redesigned to make it Snohomish County Public Utility District, in As all of our hearts are so thrilled . . . With such laughter and joy, and such tears more modern and easier to read, and the con- partnership with the U.S. Department of En- so filled . . . tent has been updated generally throughout in ergy, are well underway in their research and With some of our nation’s, and the world’s keeping with current usage. In addition, a vari- development of tidal energy in the Puget greatest talent billed . . . ety of suggestions offered by users since the Sound and should be seen as test beds for As a city gathers on her west lawn . . . last edition was published have been incor- the nation. As before the world’s greatest dome, a mas- porated. In addition to Members of Congress, The Marine Renewable Energy Promotion terpiece soon dawns . . . copies are being distributed to Federal agen- Act will accelerate these efforts by establishing As The United States Capitol, shining mo- cies and Federal depository libraries, and are a research, development and demonstration ments on a hill! program at the Department of Energy that is Beamed across our nation, to give to all such being offered for sale to the public. There is a thrill . . . also a free online version of the Manual at specifically devoted to marine and hydrokinetic When, on a Memorial Day weekend . . . http://www.gpoaccess.gov/stylemanual/ renewable energy. This office will help to de- As a national, we are all so moved to tears index.html. velop new marine renewable energy tech- ... As Chairman of the Joint Committee on nologies, increase reliability and durability of As we so see, the true meaning of courage so Printing during the 110th Congress, when the facilities, reduce manufacturing and operating here . . . new edition of the Style Manual was prepared, costs of the devices, help identify and address As we watch our Armed Forces, most selfless I commend the staff of the GPO for the pro- environmental impacts of marine renewable stories appear . . . energy and make sure that such power can be For no greater glory, or gift could be! duction of this handsome volume, and I com- Then Arms and Legs, and precious Lives in- mend its use to my colleagues and their staffs integrated into the national electricity grid. deed . . . in both this House and the Senate. Importantly, the bill authorizes federal fund- All so we may be free, as we fall to our f ing for a Marine-based Energy Device knees! Verification Program, which will bridge the gap As out across this great nation, we are all INTRODUCTION OF THE MARINE between design and development efforts and brought to tears . . . RENEWABLE ENERGY PRO- the commercial deployment of marine renew- Reminding us all, the true cost of freedom so MOTION ACT OF 2009 able energy devices. Funds would facilitate very dear . . . the installation and evaluation of marine re- And then, on The Fourth of July . . . As our Nation’s birthday party, so fills the HON. JAY INSLEE newable energy projects in partnership with skies . . . OF WASHINGTON appropriate federal research institutions and With fireworks exploding on, and off the IN THE HOUSE OF REPRESENTATIVES organizations. Information learned will be stage . . . available for the benefit of utilities, inde- Tuesday, April 28, 2009 As we see Jerry’s, Yankee Doodle Dandy tal- pendent power producers, generators, and ent made . . . Mr. INSLEE. Madam Speaker, I rise today others in the marine renewable energy devel- All there in the glow of our nation’s beloved to introduce the Marine Renewable Energy opment community. Dome, it plays . . . Promotion Act of 2009, a bill to promote the Further, the bill establishes an Adaptive As we’re all so reminded to celebrate . . . development of renewable energy from our Management and Environmental fund to pro- And why we’re so blessed . . . To but live in these here United States! oceans and rivers, using the tides, currents, vide grants for entities to help pay for the reg- As all ‘‘In Concert,’’ as they create! waves and even the thermal properties of our ulatory permitting and development of new As children, babies, men and women get up oceans to generate electricity. I thank Senator marine technologies. to dance . . . MURKOWSKI for introducing a Senate com- Finally, the bill would allow marine energy to All in Freedom’s beloved stance! panion to this important measure. qualify for the existing accelerated deprecia- Whether, country . . . or rock and roll . . .

VerDate Nov 24 2008 04:54 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A28AP8.037 E28APPT1 rfrederick on PROD1PC67 with REMARKS E1004 CONGRESSIONAL RECORD — Extensions of Remarks April 28, 2009 These giants up upon that stage, touch all of States Air Force Academy. Our service acad- The Local Law Enforcement Hate Crimes our very souls . . . emies offer the finest military training and edu- Prevention Act will help guard against groups And that most magnificent National Sym- cation available. I am positive that Ben will and individuals who seek to terrorize entire phony, excel during his career at the Air Force Acad- And those Military Bands and Choirs contin- communities through brutal violence against ually . . . emy and I ask my colleagues to join me in ex- targeted individuals. With its passage, we will Take our hearts even higher! tending their best wishes to him as he begins bring about the changes needed to make For in this city, surrounded by consequence his service to the Nation. clear, once and for all, that hatred of LGBTs ... f and other minorities is no longer a conceivably There, is no greater place . . . on these holi- legitimate excuse for violently attacking an- EXPRESSING SUPPORT FOR days to be so hence! other person. Then, up there upon Jenkins Hill . . . ‘‘LOCAL LAW ENFORCEMENT On The West Front of The Capitol, letting all HATE CRIMES PREVENTION ACT f of your hearts be thrilled. (LLEHCPA)/MATTHEW SHEPARD In Concert . . . ACT’’ IN SPECIAL RECOGNITION OF Dedicated to A Great American Family, JANELLE RUNION ON HER OF- The Colbert Family . . . Jerry and his son HON. MICHAEL M. HONDA FERS OF APPOINTMENT TO AT- Michael . . . The Talent, The National Sym- OF CALIFORNIA phony, The Military Bands, The Choirs, The TEND THE UNITED STATES MILI- Crew, and PBS who have given so much to IN THE HOUSE OF REPRESENTATIVES TARY ACADEMY AND THE our nation.—Written by Albert Cary Caswell, Tuesday, April 28, 2009 UNITED STATES NAVAL ACAD- 2009. EMY Mr. HONDA. Madam Speaker, I rise today f to express my strong support to the Local Law IN SPECIAL RECOGNITION OF BEN- Enforcement Hate Crimes Prevention/Matthew HON. ROBERT E. LATTA Shepard Act (H.R. 1913). On the night of Oc- JAMIN VAN HORN ON HIS AP- OF OHIO POINTMENT TO ATTEND THE tober 6, 1998, Matthew Shepard was brutally IN THE HOUSE OF REPRESENTATIVES UNITED STATES AIR FORCE tortured and murdered by two assailants be- ACADEMY cause he was a gay man. It has been over ten Tuesday, April 28, 2009 years since America was shocked by that des- picable hate crime, and the time for action is Mr. LATTA. Madam Speaker, it is my great HON. ROBERT E. LATTA long overdue. Today we take a significant step pleasure to pay special tribute to an out- OF OHIO towards protecting Americans from being vio- standing young woman from Ohio’s Fifth Con- IN THE HOUSE OF REPRESENTATIVES lently attacked simply for being who they are. gressional District. I am happy to announce Tuesday, April 28, 2009 Hate crimes continue to spread fear that Janelle Runion of Tiffin, Ohio has been throughout targeted communities to this day. offered appointments to attend the United Mr. LATTA. Madam Speaker, it is my great Last year, 18-year old Angie Zapata, a States Military Academy and the United States pleasure to pay special tribute to an out- transgendered woman, was murdered by an Naval Academy. Janelle has accepted the standing young man from Ohio’s Fifth Con- assailant who defended himself by saying ‘‘it’s offer to attend the United States Military Acad- gressional District. I am happy to announce not like I killed a straight, law-abiding citizen.’’ emy at West Point, New York. that Benjamin Van Horn of Whitehouse, Ohio While Angie’s murderer was recently convicted Janelle’s offer of appointment poises her to has been offered an appointment to attend the for this hate crime, Colorado is the exception attend the United States Military Academy this United States Air Force Academy in Colorado in hate crime laws. Most states do not extend fall with the incoming cadet Class of 2013. At- Springs, Colorado. hate crime legislation to protect transgendered tending one of our Nation’s military academies Ben’s offer of appointment poises him to at- Americans, leaving some of the most vulner- is an invaluable experience that offers a world- tend the United States Air Force Academy this able members of society with inadequate pro- class education while placing demands on fall with the incoming cadet Class of 2013. At- tections. those who undertake one of the most chal- tending one of our Nation’s military academies Protecting citizens from violence is one of lenging and rewarding experiences of their is an invaluable experience that offers a world- the fundamental roles of government. This leg- lives. class education while placing demands on islation is necessary to ensure that no Amer- Janelle brings an enormous amount of lead- those who undertake one of the most chal- ican has to live in fear of violence simply be- ership, service, and dedication to the incoming lenging and rewarding experiences of their cause of who they are. In 2008, the FBI re- lives. ported a 6% increase in violent crimes against Class of 2013. While attending Tiffin Colum- Ben brings an enormous amount of leader- lesbian, gay, bisexual, and transgender bian High School in Tiffin, Ohio, Janelle at- ship, service, and dedication to the incoming (LGBT) Americans, despite a 1% overall de- tained an impressive grade point average; was class of Air Force cadets. He was a member cline of hate crimes in the U.S. As we mark inducted into the National Honor Society and of the National Honor Society, received the the ten year anniversary of Matthew’s horrific the National Technical Honor Society; partici- Anthony Wayne Academy Award in grades 9– death, and the one year anniversary of the pated in Tiffin Columbian’s Student Forum, 11, received the Presidential Physical Fitness brutal murder of Angie, we must commit our- and was active in the Spanish Club. Award and the National Physical Fitness selves to decide that now is the moment when Throughout high school, Janelle was a Award, among numerous other academic we push back against the forces of hate. member of the track, basketball, and soccer awards. Opponents of the Matthew Shepard Act teams. Janelle demonstrated her dedication Outside the classroom, Ben was a member have claimed that its passage will result in the and service to her community and peers by of Brailey Union Church Youth Group, serving criminalization of protected speech—even the being active with the TC Crew Club and by as vice president, was a student leader for imprisonment of preachers for condemning ho- serving as a Tech Center Ambassador. In ad- Campus Life. He was President of the Ger- mosexuality. This could not be further from the dition, Janelle utilized her leadership skills by man Club and active in marching, concert, and truth. The Act expressly states that it does not being the secretary of her class for three jazz band. Ben participated on Anthony prohibit ‘‘any expressive conduct . . ., or any years and coaching in Tiffin City Schools’ ele- Wayne High School’s cross country and track activities protected by the free speech or free mentary league basketball program. I am con- teams, earning varsity letters in both and serv- exercise clauses of, the First Amendment to fident that Janelle will carry the lessons of her ing as captain of the cross country team. He the Constitution.’’ This means that nobody can student leadership to West Point. has taught hunter safety courses, fire safety be prosecuted under the law for expressing Madam Speaker, I ask my colleagues to join courses, and obtained his student pilot li- their beliefs about homosexuality. The Act me in congratulating Janelle Runion on the ac- cense. He has been extremely involved in specifically targets people who commit violent ceptance of her appointment to the United community service projects. I have no doubt acts motivated by the actual or perceived States Military Academy at West Point. Our that Ben will employ the lessons of his student race, color, religion, national origin, gender, service academies offer the finest military leadership as he excels among the leaders at sexual orientation, gender identity, or disability training and education available. I am positive the United States Air Force Academy. of another. It also affirmatively protects free that Janelle will excel during her career at Madam Speaker, I ask my colleagues to join speech ensuring that Americans remain free West Point and I ask my colleagues to join me me in congratulating Benjamin Van Horn on to engage in moral debate, without fear of ret- in extending their best wishes to her as she his acceptance of appointment to the United ribution. begins her service to the Nation.

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HIGHLIGHTS Senate passed S. 386, Fraud Enforcement and Recovery Act. Senate Rebecca M. Blank, of Maryland, to be Under Sec- Chamber Action retary of Commerce for Economic Affairs. Routine Proceedings, pages S4765–S4830 Laurie I. Mikva, of Illinois, to be a Member of the Measures Introduced: Nineteen bills and three res- Board of Directors of the Legal Services Corporation olutions were introduced, as follows: S. 903–921, S. for a term expiring July 13, 2010. Robert S. Litt, of Maryland, to be General Coun- Res. 115–116, and S. Con. Res. 20. Pages S4806–07 sel of the Office of the Director of National Intel- Measures Passed: ligence. Page S4830 Fraud Enforcement and Recovery Act: By 92 Messages from the House: Page S4804 yeas to 4 nays (Vote No. 171), Senate passed S. 386, to improve enforcement of mortgage fraud, securities Measures Referred: Page S4804 fraud, financial institution fraud, and other frauds re- Enrolled Bills Presented: Page S4804 lated to federal assistance and relief programs, for the Executive Communications: Pages S4804–06 recovery of funds lost to these frauds, as amended. Page S4806 Pages S4774–81 Executive Reports of Committees: Budget Resolution Conference Report—Agree- Additional Cosponsors: Pages S4807–08 ment: A unanimous-consent agreement was reached Statements on Introduced Bills/Resolutions: providing that at approximately 10:30 a.m., on Pages S4808–29 Wednesday, April 29, 2009, Senate will begin the Additional Statements: Pages S4803–04 statutory debate time with respect to the conference Notices of Hearings/Meetings: Page S4829 report to accompany S. Con. Res. 13, setting forth the congressional budget for the United States Gov- Authorities for Committees to Meet: ernment for fiscal year 2010, revising the appropriate Pages S4829–30 budgetary levels for fiscal year 2009, and setting Privileges of the Floor: Page S4830 forth the appropriate budgetary levels for fiscal years Record Votes: Two record votes were taken today. 2011 through 2014, notwithstanding the receipt of (Total—172) Pages S4777, S4795 papers from the House of Representatives; provided further, that when the Senate receives a message Adjournment: Senate convened at 10 a.m. and ad- from the House of Representatives regarding S. Con. journed at 6:54 p.m., until 9:30 a.m. on Wednes- Res. 13, Senate proceed to consideration of the con- day, April 29, 2009. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s ference report. Page S4830 Record on page S4830.) Nomination Confirmed: Senate confirmed the fol- lowing nomination: By 65 yeas 31 nays (Vote No. EX. 172), Kathleen Committee Meetings Sebelius, of Kansas, to be Secretary of Health and (Committees not listed did not meet) Human Services. Pages S4766–74, S4782–95, S4830 Nominations Received: Senate received the fol- SWINE FLU lowing nominations: Committee on Appropriations: Subcommittee on Labor, Paul N. Stockton, of California, to be an Assistant Health and Human Services, Education, and Related Secretary of Defense. Agencies concluded a hearing to examine public D457

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health response to swine flu, after receiving testi- aldehyde in textiles and consumer products, after re- mony from Rear Admiral Anne Schuchat, Interim ceiving testimony from Senator Casey; Ruth A. Deputy Director, Science and Public Health Pro- Etzel, American Academy of Pediatrics, and Phillip gram, Centers for Disease Control and Prevention; Wakelyn, Wakelyn Associates, LLC, both of Wash- Anthony Fauci, Director, National Institute for Al- ington, D.C.; and David Brookstein, Philadelphia lergy and Infectious Diseases, National Institutes of University School of Engineering and Textiles, Health, Department of Health and Human Services; Philadelphia, Pennsylvania. John R. Clifford, Deputy Administrator, National FUTURE OF NATIONAL SURFACE Animal Health and Policy Program, Department of TRANSPORTATION POLICY Agriculture; and Paul Jarris, Association of State and Territorial Health Officials, Arlington, Virginia. Committee on Commerce, Science, and Transportation: Sub- committee on Surface Transportation and Merchant NOMINATIONS Marine Infrastructure, Safety and Security concluded Committee on Armed Services: Committee concluded a a hearing to examine the future of national surface hearing to examine the nominations of Raymond transportation policy, after receiving testimony from Edwin Mabus, Jr., of Mississippi, to be Secretary, Ray LaHood, Secretary of Transportation; Ned S. who was introduced by Senators Cochran and Wick- Holmes, Texas Transportation Commission, Hous- er, and Robert O. Work, of Virginia, to be Under ton; Steve Heminger, National Surface Transpor- Secretary, both of the Department of the Navy, Eliz- tation Policy and Revenue Study Commission, Oak- abeth Lee King, of the District of Columbia, to be land, California; and Anne P. Canby, Surface Trans- Assistant Secretary for Legislative Affairs, who was portation Policy Partnership, and James Corless, introduced by Senator Reed, Michael Nacht, of Cali- Transportation for America, both of Washington, fornia, to be Assistant Secretary for Global Strategic D.C. Affairs, and Wallace C. Gregson, of Colorado, to be Assistant Secretary for Asian and Pacific Security Af- CLEAN ENERGY DEPLOYMENT fairs, who was introduced by Senator Webb, all of Committee on Energy and Natural Resources: Committee the Department of Defense, Donald Michael Remy, concluded a hearing to examine financing for deploy- of Virginia, to be General Counsel, who was intro- ment of clean energy and energy efficiency tech- duced by Senator Landrieu, and Jo-Ellen Darcy, of nologies and to enhance United States’ competitive- Maryland, to be Assistant Secretary for Civil Works, ness in this market through the creation of a Clean who was introduced by Senator Baucus, both of the Energy Deployment Administration within the De- Department of the Army, and Ines R. Triay, of New partment of Energy, after receiving testimony from Mexico, to be Assistant Secretary of Energy for Envi- Matthew Rogers, Senior Advisor for the Recovery ronmental Management, after the nominees testified and Reinvestment Act, Office of the Secretary, De- and answered questions in their own behalf. partment of Energy; Dan W. Reicher, Google, BUSINESS MEETING Mountain View, California; John Denniston, Kleiner Perkins Caufield & Byers, Menlo Park, California; Committee on Banking, Housing, and Urban Affairs: and Jeanine Hull, Dykema Gossett, and Joseph S. Committee ordered favorably reported the nomina- Hezir, EOP Group, Inc., both of Washington, D.C. tions of Ronald C. Sims, of Washington, to be Dep- uty Secretary, Peter A. Kovar, of Maryland, to be NOMINATIONS Assistant Secretary for Congressional and Intergov- Committee on Environment and Public Works: Com- ernmental Affairs, Helen R. Kanovsky, of Maryland, mittee concluded a hearing to examine the nomina- to be General Counsel, and John D. Trasvina, of tions of Michelle DePass, of New York, and Cynthia California, to be Assistant Secretary for Fair Housing J. Giles, of Rhode Island, who was introduced by and Equal Opportunity, all of the Department of Senator Whitehouse, each to be an Assistant Admin- Housing and Urban Development, David S. Cohen, istrator, and Mathy Stanislaus, of New Jersey, to be of Maryland, to be Assistant Secretary of the Treas- Assistant Administrator for Office of Solid Waste, all ury for Terrorist Financing, and Fred P. Hochberg, of the Environmental Protection Agency, after the of New York, to be President of the Export-Import nominees testified and answered questions in their Bank of the United States. own behalf. FORMALDEHYDE IN TEXTILES AND WAR POWERS IN THE 21ST CENTURY CONSUMER PRODUCTS Committee on Foreign Relations: Committee concluded Committee on Commerce, Science, and Transportation: Sub- a hearing to examine war powers in the 21st Cen- committee on Consumer Protection, Product Safety, tury, after receiving testimony from James A. Baker and Insurance concluded a hearing to examine form- III, and Warren Christopher, both a former Secretary

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of State; and Lee H. Hamilton, Woodrow Wilson Health Services, Washington, D.C.; James S. Fred- International Center, Washington, D.C. erick, United Steel, Paper and Forestry, Rubber, NOMINATION Manufacturing, Energy, Allied Industrial and Service Workers International Union, Pittsburgh, Pennsyl- Committee on Foreign Relations: Committee concluded vania; Tammy Miser, United Support and Memorial a hearing to examine the nomination of Harold for Workplace Fatalities, Lexington, Kentucky; and Hongju Koh, of Connecticut, to be Legal Adviser of Warren K. Brown, American Society of Safety Engi- the Department of State, after the nominee, who was neers, Des Plaines, Illinois. introduced by Senators Dodd and Lieberman, testi- fied and answered questions in his own behalf. NATIONAL HEALTH CARE REFORM CYBER SECURITY Committee on Health, Education, Labor, and Pensions: Committee on Homeland Security and Governmental Af- Committee concluded a hearing to examine indi- fairs: Committee concluded a hearing to examine vidual state experiences with health care reform cov- cyber security, focusing on developing a national erage initiatives in the context of national reform, strategy, after receiving testimony from Stewart A. after receiving testimony from Utah House of Rep- Baker, Steptoe and Johnson LLP, and James A. resentatives Speaker David Clark, and Brent C. Lewis, Center for Strategic and International Studies, James, Intermountain Healthcare Institute for both of Washington, D.C.; Alan Paller, SANS Insti- Health Care Delivery Research, both of Salt Lake tute, Bethesda, Maryland; and Tom Kellerman, Core City, Utah; Jon Kingsdale, Commonwealth Health Security Technologies, Boston, Massachusetts. Insurance Connector Authority, and Eileen McAnneny, Associated Industries of Massachusetts, GOVERNMENT AND DIGITAL FUTURE both of Boston, Massachusetts; Susan Besio, Vermont Committee on Homeland Security and Governmental Af- Director of Health Care Reform, and Harry Chen, fairs: Subcommittee on Federal Financial Manage- both of Burlington, Vermont; and Ruth Liu, Kaiser ment, Government Information, Federal Services, Foundation Health Plan and Kaiser Foundation Hos- and International Security concluded a hearing to ex- pitals, Oakland, California. amine advancing America into the 21st Century and a digital future, after receiving testimony from Vivek VICTIMS OF CRIME ACT Kundra, Federal Chief Information Officer and Ad- Committee on the Judiciary: Committee concluded a ministrator, and Karen S. Evans, former Adminis- hearing to examine the Victims of Crime Act, focus- trator, each for Electronic Government and Informa- ing on 25 years of protecting and supporting vic- tion Technology, Office of Management and Budget; tims, after receiving testimony from Judith A. Rex, David A. Powner, Director, Information Technology Vermont Center for Crime Victim Services, Water- Management Issues, Government Accountability Of- bury; Mary Lou Leary, National Center for Victims fice; and Phillip J. Bond, TechAmerica, Washington, of Crime, Washington, D.C.; Keith Perkins, The D.C. Never Again Foundation, Chandler, Arizona; Steve WORKPLACE SAFETY Derene, National Association of VOCA Assistance Administrators, Madison, Wisconsin; and Susan S. Committee on Health, Education, Labor, and Pensions: Russell, Warren, Vermont. Subcommittee on Employment and Workplace Safe- ty concluded a hearing to examine introducing INTELLIGENCE meaningful incentives for safe workplaces and mean- Select Committee on Intelligence: Committee held ingful roles for victims and their families, after re- closed hearings on intelligence matters, receiving tes- ceiving testimony from Celeste Monforton, George timony from officials of the intelligence community. Washington University School of Public Health and Committee recessed subject to the call.

VerDate Nov 24 2008 05:09 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28AP9.REC D28APPT1 rfrederick on PROD1PC67 with DIGEST D460 CONGRESSIONAL RECORD — DAILY DIGEST April 28, 2009 House of Representatives American Civic Association in Binghamton, New Chamber Action York: H. Res. 340, to express sympathy to the vic- Public Bills and Resolutions Introduced: 27 pub- tims, families, and friends of the tragic act of vio- lic bills, H.R. 2132–2158; and 7 resolutions, H. lence at the American Civic Association in Bing- Con. Res. 111–113; and H. Res. 373–376, were in- hamton, New York; Pages H4848–50 troduced. Pages H4913–15 Expressing heartfelt sympathy for the victims Additional Cosponsors: Pages H4915–16 and families of the shootings in Geneva and Cof- Reports Filed: Reports were filed today as follows: fee Counties in Alabama, on March 10, 2009: H. H. Res. 371, providing for consideration of the Res. 341, to express heartfelt sympathy for the vic- conference report to accompany the concurrent reso- tims and families of the shootings in Geneva and lution (S. Con. Res. 13) setting forth the congres- Coffee Counties in Alabama, on March 10, 2009; sional budget for the United States Government for Pages H4850–52 fiscal year 2010, revising the appropriate budgetary Brian K. Schramm Post Office Building Des- levels for fiscal year 2009, and setting forth the ap- ignation Act: H.R. 1595, to designate the facility of propriate budgetary levels for fiscal years 2011 the United States Postal Service located at 3245 through 2014 (H. Rept. 111–90) and Latta Road in Rochester, New York, as the ‘‘Brian H. Res. 372, providing for consideration of the K. Schramm Post Office Building’’, by a 2⁄3 recorded bill (H.R. 1913) to provide Federal assistance to vote of 420 ayes with none voting ‘‘no’’, Roll No. States, local jurisdictions, and Indian tribes to pros- 215; Pages H4852–53, H4891 ecute hate crimes (H. Rept. 111–91). Page H4913 Expressing support for designation of May 2, Speaker: Read a letter from the Speaker wherein she 2009, as ‘‘Vietnamese Refugees Day’’: H. Res. 342, appointed Representative Capps to act as Speaker to express support for designation of May 2, 2009, Pro Tempore for today. Page H4843 as ‘‘Vietnamese Refugees Day’’; Pages H4853–55 Recess: The House recessed at 10:44 a.m. and re- Providing for the award of a gold medal on be- convened at noon. Page H4845 half of Congress to Arnold Palmer: H.R. 1243, to Order of Procedure: The House agreed by unani- provide for the award of a gold medal on behalf of mous consent that it may be in order at any time Congress to Arnold Palmer in recognition of his on Wednesday, April 29th for the Speaker, as service to the Nation in promoting excellence and though pursuant to clause 2(b) of rule 18, to declare good sportsmanship in golf, by a 2⁄3 yea-and-nay the House resolved into the Committee of the vote of 422 yeas to 1 nay with 1 voting ‘‘present’’, Whole House on the State of the Union for consid- Roll No. 210; Pages H4857–62, H4880 eration of H.R. 627, to amend the Truth in Lending Act to establish fair and transparent practices relat- Calling on the President and the allies of the ing to the extension of credit under an open end United States to engage with officials of the Gov- consumer credit plan, and that consideration of the ernment of Iran to raise the case of Robert bill proceed according to the following order: the Levinson at every opportunity: H. Con. Res. 36, first reading of the bill is dispensed with; all points amended, to call on the President and the allies of of order against consideration of the bill are waived the United States to engage with officials of the except those arising under clause 9 or 10 of rule 21; Government of Iran to raise the case of Robert general debate shall be confined to the bill and shall Levinson at every opportunity, to urge officials of the not exceed 1 hour equally divided and controlled by Government of Iran to fulfill their promises of assist- the chair and ranking member of the Committee on ance to the family of Robert Levinson, and to call Financial Services; after general debate, the Com- on the Government of Iran to share the results of its mittee of the Whole shall rise without motion; and, investigation into the disappearance of Robert no further consideration of H.R. 627 shall be in Levinson with the Federal Bureau of Investigation; order except pursuant to a subsequent order of the Pages H4864–66 House. Pages H4847–48 Agreed to amend the title so as to read: ‘‘Calling on the President and the allies of the United States Suspensions: The House agreed to suspend the rules to raise in all appropriate bilateral and multilateral and pass the following measures: fora the case of Robert Levinson at every oppor- Expressing sympathy to the victims, families, tunity, urging Iran to fulfill their promises of assist- and friends of the tragic act of violence at the ance to the family of Robert Levinson, and calling

VerDate Nov 24 2008 05:09 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D28AP9.REC D28APPT1 rfrederick on PROD1PC67 with DIGEST April 28, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D461 on Iran to share the results of its investigation into Waiving a requirement of clause 6(a) of rule the disappearance of Robert Levinson with the Fed- XIII with respect to consideration of certain res- eral Bureau of Investigation.’’. Page H4866 olutions reported from the Committee on Rules: Mourning the horrific loss of life in January The House agreed to H. Res. 365, waiving a re- 2009 caused by a landslide in Guatemala and an quirement of clause 6(a) of rule XIII with respect to consideration of certain resolutions reported from the earthquake in Costa Rica: H. Res. 76, amended, to Committee on Rules, by a yea-and-nay vote of 233 mourn the horrific loss of life in January 2009 yeas to 191 nays, Roll No. 212, after agreeing to caused by a landslide in Guatemala and an earth- order the previous question without objection. quake in Costa Rica and to express the sense of Con- Paged H4873–80, H4881–82 gress that the United States should assist the affected people and communities; and Pages H4866–67 Setting forth the congressional budget for the Agreed to amend the title so as to read: ‘‘Mourn- United States Government for fiscal year 2010, ing the horrific loss of life in January 2009 caused revising the appropriate budgetary levels for fis- by a landslide in Guatemala and an earthquake in cal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through Costa Rica.’’. Page H4867 2014—Conference Report: The House began con- Supporting the goals and ideals of National Sex- sideration of the conference report to accompany S. ual Assault Awareness and Prevention Month: H. Con. Res. 13, setting forth the congressional budget Con. Res. 104, to support the goals and ideals of for the United States Government for fiscal year National Sexual Assault Awareness and Prevention 2010, revising the appropriate budgetary levels for Month. Pages H4871–73 fiscal year 2009, and setting forth the appropriate Suspension—Proceedings Resumed: The House budgetary levels for fiscal years 2011 through 2014. agreed to suspend the rules and pass the following Further proceedings were postponed. Pages H4891–97 measure which was debated on Monday, April 27th: H. Res. 371, the rule providing for consideration of the conference report, was agreed to by a yea-and- Commending the University of Connecticut nay vote of 234 yeas to 185 nays, Roll No. 214. Huskies: H. Res. 344, to commend the University Pages H4882–91 of Connecticut Huskies for their historic win in the Agreed to the McGovern amendment to the rule 2009 National Collegiate Athletic Association Divi- by a yea-and-nay vote of 240 yeas to 179 nays, Roll sion I Women’s Basketball Tournament, by a 2⁄3 No. 213, after agreeing to order the previous ques- yea-and-nay vote of 425 yeas with none voting tion without objection. Pages H4889–90 ‘‘nay’’, Roll No. 211. Pages H4880–81 United States Group of the NATO Parliamen- Suspensions—Proceedings Postponed: The House tary Assembly—Appointment: The Chair an- debated the following measures under suspension of nounced the Speaker’s appointment of the following the rules. Further proceedings were postponed: Members of the House of Representatives to the United States Group of the NATO Parliamentary Supporting the goals and ideals of Financial Assembly, in addition to Representative Tanner, Literacy Month 2009: H. Res. 357, to support the Chairman, appointed on February 13, 2009: Rep- goals and ideals of Financial Literacy Month 2009; resentative Tauscher, Vice Chairman; Representatives Pages H4855–57 Ross, Chandler, Larson (CT), Meek (FL), Scott (GA), Family Self-Sufficiency Act of 2009: H.R. 46, to and Bean. Page H4897 provide for payment of an administrative fee to pub- Mexico-United States Interparliamentary lic housing agencies to cover the costs of admin- Group—Appointment: The Chair announced the istering family self-sufficiency programs in connec- Speaker’s appointment of the following Members of tion with the housing choice voucher program of the the House of Representatives to the Mexico-United Department of Housing and Urban Development; States Interparliamentary Group: Representative Pas- and Pages H4862–64 tor, Chairman; Representative Giffords, Vice Chair- Supporting the mission and goals of 2009 Na- man; Representative Linda Sa´nchez (CA), Filner, tional Crime Victims’ Rights: H. Res. 109, to sup- Reyes, Rodriguez, and Gene Green (TX). Page H4897 port the mission and goals of 2009 National Crime Board of Visitors to the United States Military Victims’ Rights week to increase public awareness of Academy—Appointment: The Chair announced the rights, needs, and concerns of victims and sur- the Speaker’s appointment of the following Members vivors of crime in the United States, and to com- of the House of Representatives to the Board of Visi- memorate the 25th anniversary of the enactment of tors to the United States Military Academy: Rep- the Victims of Crime Act of 1984. Pages H4867–71 resentatives Hinchey and Hall (NY). Page H4897

VerDate Nov 24 2008 05:09 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D28AP9.REC D28APPT1 rfrederick on PROD1PC67 with DIGEST D462 CONGRESSIONAL RECORD — DAILY DIGEST April 28, 2009 Board of Trustees of the Congressional Hunger Fellows Program—Appointment: The Chair an- Committee Meetings nounced the Speaker’s appointment of the following COMMERCE, JUSTICE, SCIENCE, AND Member to the Board of Trustees of the Congres- RELATED AGENCIES APPROPRIATIONS sional Hunger Fellows Program for a term of 4 Committee on Appropriations: Subcommittee on Com- years: Mr. James P. McGovern of Worcester, Massa- merce, Justice, Science and Related Agencies, on the chusetts. Page H4897 Department of Commerce. Testimony was heard Board of Trustees of Gallaudet University—Ap- from Gary Locke, Secretary of Commerce. pointment: The Chair announced the Speaker’s ap- FINANCIAL SERVICES, GENERAL pointment of the following Member of the House of GOVERNMENT AND RELATED AGENCIES Representatives to the Board of Trustees of Gal- APPROPRIATIONS laudet University: Representative Woolsey. Page H4897 Committee on Appropriations: Subcommittee on Finan- cial Services, General Government and Related Board of Trustees of the Harry S Truman Schol- Agencies continued appropriations hearings. Testi- arship Foundation—Appointment: The Chair an- mony was heard from Members of Congress. nounced the Speaker’s appointment of the following Member of the House of Representatives to the INTERIOR, ENVIRONMENT AND RELATED Board of Trustees of the Harry S Truman Scholar- AGENCIES APPROPRIATIONS ship Foundation: Representative Skelton. Page H4897 Committee on Appropriations: Subcommittee on Inte- Dwight D. Eisenhower Memorial Commission— rior, Environment and Related Agencies continued Appointment: The Chair announced the Speaker’s appropriations hearings. Testimony was heard from appointment of the following Members of the House public witnesses. of Representatives to the Dwight D. Eisenhower Me- LEGISLATIVE BRANCH APPROPRIATIONS morial Commission: Representatives Moore (KS) and Committee on Appropriations: Subcommittee on Legisla- Boswell. Page H4897 tive Branch held a hearing on the GAO. Testimony National Historical Publications and Records was heard from the following officials of the GAO: Commission—Appointment: The Chair announced Gene Dodaro, Acting Comptroller General; and the Speaker’s appointment of the following Member Sallyanne Harper, Chief Administrative Officer. of the House of Representatives to the National His- The Subcommittee held a hearing on the Office of torical Publications and Records Commission: Rep- Compliance. Testimony was heard from the fol- resentative Larson (CT). Page H4897 lowing officials of the Office of Compliance: Tamara Japan-United States Friendship Commission— Chrisler, Executive Director; and Peter Eveleth, Gen- Appointment: The Chair announced the Speaker’s eral Counsel. appointment of the following Member of the House The Subcommittee also held a hearing on the of Representatives to the Japan-United States Friend- Public Printer of the United States. Testimony was ship Commission: Representative McDermott. heard from Robert Tapella, Public Printer, Govern- Page H4897 ment Printing Office. Abraham Lincoln Bicentennial Commission— DEFENSE ACQUISITION WORKFORCE Appointment: The Chair announced the Speaker’s Committee on Armed Services: Subcommittee on Over- appointment of the following Member of the House sight and Investigations held a hearing on the Ac- of Representatives to the Abraham Lincoln Bicenten- quisition Workforce: Merely a Business Expense or a nial Commission: Representative Jackson (IL). Force Multiplier for the Warfighter? Testimony was Page H4897 heard from the following officials of the Department Senate Message: Message received from the Senate of Defense: Shay Assad, Director, Defense Procure- today appears on page H4880. ment Acquisition Policy and Strategic Sourcing, Senate Referrals: S. 386 was held at the desk. Acting Deputy Under Secretary, Acquisition and Technology; LTG Ross Thompson, USA, Military Quorum Calls—Votes: Five yea-and-nay votes and Deputy to the Assistant Secretary, Acquisition, Lo- one recorded vote developed during the proceedings gistics and Technology, Department of the Army; of today and appear on pages H4880, H4881, James Thomsen, Principal Civilian Deputy to the H4881–82, H4889–90, H4890–91, and H4891. Assistant Secretary (Research, Development and Ac- There were no quorum calls. quisition), Department of the Navy; and LTG Mark Adjournment: The House met at 10:30 a.m. and Shackelford, USAF, Military Deputy, Office of the adjourned at 9:35 p.m. Assistant Secretary, Acquisition, Department of the

VerDate Nov 24 2008 05:09 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D28AP9.REC D28APPT1 rfrederick on PROD1PC67 with DIGEST April 28, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D463 Air Force; and John K. Needham, Director, Acquisi- Development, Department of State: Mike Walsh, Di- tion and Sourcing Issues, GAO. rector, Procurement; and Jim Kunder, Deputy Ad- ministrator; and a public witness. WORKPLACE HEALTH SAFETY Committee on Education and Labor: Held a hearing on LOCAL LAW ENFORCEMENT HATE CRIMES OSHA’s Penalties Adequate to Deter Health and PREVENTION ACT OF 2009 Safety Violations. Testimony was heard from public Committee on Rules: Granted, by a record vote of 7 to witnesses. 3, a rule providing for consideration of H.R. 1913, the Local Law Enforcement Hate Crimes Prevention IRAN SANCTIONS ENABLING ACT; Act of 2009. The rule provides for one hour and MORTGAGE REFORM AND ANTI- twenty minutes of debate equally divided and con- PREDATORY LENDING ACT trolled by the chair and ranking minority member Committee on Financial Services: Ordered reported, as of the Committee on the Judiciary, who may yield amended, H.R. 1327, Iran Sanctions Enabling Act of control of blocks of that time. 2009. The rule waives all points of order against consid- The Committee began markup of H.R. 1728, eration of the bill except those arising under clause Mortgage Reform and Anti-Predatory Lending Act. 9 or 10 of rule XXI. The rule provides that the Will continue tomorrow. amendment in the nature of a substitute rec- MISCELLANEOUS MEASURES ommended by the Committee on the Judiciary, modified by the amendment printed in the report of Committee on the Judiciary: Ordered reported the fol- the Committee on Rules, shall be considered as lowing bills: H.R. 1748, amended, Fight Fraud Act adopted and the bill, as amended, shall be consid- of 2009; H.R. 1788, False Claims Act Correction ered as read. The rule waives all points of order Act of 2009; and H.R. 1676, amended, PACT Act. against the bill, as amended. Finally, the rule pro- RETAILING PRICE FIXING vides one motion to recommit with or without in- structions. Testimony was heard from Chairman Committee on the Judiciary: Subcommittee on Courts Conyers and Representative Goodlatte. and Competition Policy held a hearing on Bye Bye Bargains? Retail Price Fixing, the Leegin Decision, CONFERENCE REPORT—CONCURRENT and Its Impact on Consumer Prices. Testimony was BUDGET RESOLUTION FISCAL YEAR 2010 heard from Pamela Jones Harbour, Commissioner, Committee on Rules: Granted, by a non-record vote, a FTC; and public witnesses. rule providing for consideration of the conference re- AMERICAN RECOVERY AND port to accompany S. Con. Res. 13, the concurrent REINVESTMENT ACT—BUREAU OF resolution on the budget for fiscal year 2010. The RECLAMATION/WATER RESOURCES rule provides one hour of debate on the conference report equally divided and controlled by the chair Committee on Natural Resources: Subcommittee on and ranking minority member of the Committee on Water and Power held an oversight hearing entitled the Budget. The rule waives all points of order ‘‘American Recovery and Reinvestment Act Funds against the conference report and against its consid- for the Bureau of Reclamation and the Water Re- eration. The rule also provides that the conference sources Division of the United States Geological Sur- report shall be considered as read. vey (USGS),’’ Testimony was heard from the fol- lowing officials of the Department of the Interior: HIGH—PERFORMANCE BUILDINGS/ Bill McDonald, Acting Commissioner, Bureau of INDUSTRIES Reclamation; and Matthew C. Larsen, Associate Di- Committee on Science and Technology: Subcommittee on rector, Water, U.S. Geological Survey; and public Energy and Environment held a hearing on Pushing witnesses. the Efficiency Envelope: R&D for High-Performance OVERSIGHT—USAID MANAGEMENT Buildings, Industries and Consumers. Testimony was heard from Steven Chalk, Principal Deputy Assistant Committee on Oversight and Government Reform: Sub- Secretary, Energy Efficiency and Renewable Energy, committee on Government Management, Organiza- Department of Energy; and public witnesses. tion and Procurement held an oversight hearing on U.S. Agency for International Development: Man- SPACE ENVIRONMENT SAFETY agement Challenges and Strategic Objectives. Testi- Committee on Science and Technology: Subcommittee on mony was heard from Thomas Melito, Director, Space and Aeronautics held a hearing on Keeping International Affairs and Trade, GAO; the following the Space Environment Safe for Civil and Commer- former officials of the U.S. Agency for International cial Users. Testimony was heard from LTG Larry D.

VerDate Nov 24 2008 05:09 Apr 29, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D28AP9.REC D28APPT1 rfrederick on PROD1PC67 with DIGEST D464 CONGRESSIONAL RECORD — DAILY DIGEST April 28, 2009 James, USAF, Commander, 14th Air Force, Air the Senate and House passed versions of S. Con. Res. Force Space Command, and Commander, Joint Func- 13, setting forth the congressional budget for the tional Component Command for Space, U.S. Stra- United States Government for fiscal year 2010, revis- tegic Command, Department of Defense; Nicholas ing the appropriate budgetary levels for fiscal year Johnson, Chief Scientist, Orbital Debris, NASA; and 2009, and setting forth the appropriate budgetary public witnesses. levels for fiscal years 2011 through 2014. HIGH PRIORITY PROJECT PROGRAM GENDER PAY GAP Committee on Transportation and Infrastructure:, Sub- Joint Economic Committee: Committee concluded a committee on Highways and Transit held a hearing hearing to examine new evidence on the persistence on High Priority Project Program. Testimony was of the gender pay gap, after receiving testimony heard from Representatives Blumenauer, Heller, from Andrew Sherrill, Director, Education, Work- Larsen of Washington, Posey, DeGette, McKeon, force, and Income Security Issues, Government Ac- Brown of South Carolina, Boozman, Edwards of countability Office; Randy Albelda, University of Maryland, Dent, Carney, Davis of Kentucky, Massachusetts Boston Center for Social Policy; and Driehaus, Foster, Melancon, Hare, Napolitano and Lisa M. Maatz, American Association of University Schrader. Women, and Diana Furchtgott-Roth, Hudson Insti- FEDERAL RECOVERY COORDINATION tute, both of Washington, D.C. PROGRAM f Committee on Veterans’ Affairs: Subcommittee on Over- COMMITTEE MEETINGS FOR WEDNESDAY, sight and Investigations held a hearing on Leaving APRIL 29, 2009 No One Behind: Is the Federal Recovery Coordina- tion Program Working? Testimony was heard from (Committee meetings are open unless otherwise indicated) the following officials of the Department of Veterans Senate Affairs: Karen Guice, M.D., Executive Director, Fed- Committee on Armed Services: Subcommittee on Per- eral Recovery Coordination Program; and Madhulika sonnel, to hold hearings to examine the implementation Agarwal, M.D., Chief Officer, Office of Patient Care of Wounded Warrior policies and programs, 2:30 p.m., Services, Veterans Health Administration; and rep- SH–216. resentatives of veterans organizations; and public Committee on Finance: to hold a closed meeting to exam- witnesses. ine transforming the health care delivery system, focusing SSA RECOVERY ACT IMPLEMENTATION on proposals to improve patient care and reduce health care costs, 10 a.m., SD–215. Committee on Ways and Means: Subcommittee on So- Committee on Foreign Relations: to hold hearings to exam- cial Security held an oversight hearing on the Social ine the nominations of Johnnie Carson, of Illinois, to be Security Administration’s provisions in the American Assistant Secretary for African Affairs, and Luis C. de Recovery and Reinvestment Act of 2009. Testimony Baca, of Virginia, to be Director of the Office to Monitor was heard from the following officials of the SSA: and Combat Trafficking, both of the Department of State, Mary Glenn-Croft, Deputy Commissioner, Budget, 9:30 a.m., SD–419. Finance and Management; and Patrick O’Carroll, In- Committee on Health, Education, Labor, and Pensions: busi- spector General; Rob Hewell, Acting Deputy Com- ness meeting to consider the nominations of Russlynn missioner, Public Buildings Service, GSA; Valerie Ali, of California, to be Assistant Secretary for Civil Rights, Carmel Martin, of Maryland, to be Assistant Sec- Melvin, Director of Information Management and retary for Planning, Evaluation, and Policy Development, Human Capital Issues, GAO; and Sylvester J. Charles P. Rose, of Illinois, to be General Counsel, Peter Schieber, Chairman, Social Security Advisory Board. Cunningham, of Illinois, to be Assistant Secretary for BRIEFING—FUNDING INTELLIGENCE Communications and Outreach, and Gabriella Cecilia PRIORITIES Gomez, of California, to be Assistant Secretary for Legis- lation and Congressional Affairs, all of the Department of Permanent Select Committee on Intelligence: Met in execu- Education, Brian Kennedy, of Virginia, to be Assistant tive session to receive a briefing on Funding Intel- Secretary for Congressional and Intergovernmental Affairs, ligence Priorities. The Committee was briefed by de- and T. Michael Kerr, of the District of Columbia, to be partmental witnesses. Assistant Secretary for Administration and Management, both of the Department of Labor, and Thomasina Rogers, of Maryland, to be a Member of the Occupational Safety Joint Meetings and Health Review Commission, 10 a.m., SD–430. BUDGET RESOLUTION Full Committee, to hold hearings to examine the swine On Monday, April 27, 2009 Conferees agreed to flu epidemic, focusing on the public health and medical file a conference report on the differences between response, 3 p.m., SD–430.

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Committee on Homeland Security and Governmental Affairs: Committee on Homeland Security, Member briefing on to hold hearings to examine swine flu, focusing on co- Transportation Worker Identification Card,. 10 a.m., 311 ordinating the federal response, 10 a.m., SD–342. Cannon. Subcommittee on Oversight of Government Manage- Committee on House Administration, hearing on Library of ment, the Federal Workforce, and the District of Colum- Congress IT Strategic Planning, 11 a.m., 1310 Long- bia, to hold hearings to examine the federal government’s worth. role in empowering Americans to make informed finan- Committee on Natural Resources, to mark up the fol- cial decisions, 2:30 p.m., SD–342. lowing bills: H.R. 1018, To amend the Wild and Free- Committee on the Judiciary: Subcommittee on Crime and Roaming Horses and Burros Act to improve the manage- Drugs, to hold hearings to examine restoring fairness to ment and long-term health of wild and free-roaming federal sentencing, focusing on addressing the crack-pow- horses and burros, and for other purposes; and H.R. 689, der disparity, 10 a.m., SD–226. To interchange the administrative jurisdiction of certain Committee on Veterans’ Affairs: to hold hearings to exam- Federal lands between the Forest Services and the Bureau ine pending benefits related legislation, 9:30 a.m., of Land Management, and for other purposes, 10 a.m., SR–418. 1324 Longworth. Special Committee on Aging: to hold hearings to examine Committee on Oversight and Government Reform, Sub- the life settlement market, focusing on what is at stake committee on Federal Workforce, Postal Service and the for seniors, 2 p.m., SD–106. District of Columbia, oversight hearing on the Wash- ington Metropolitan Area Transit Authority (WMATA), House 10 a.m., 2154 Rayburn. Committee on Agriculture, Subcommittee on Department Subcommittee on National Security, hearing entitled Operations, Oversight, Nutrition and Forestry, hearing on ‘‘National Security Implications of U.S. Policy toward the U.S. Department of Agriculture’s Office of the Assist- Cuba,’’ 2 p.m., 2154 Rayburn. ant Secretary for Civil Rights, 10:30 a.m., 1300 Long- Committee on Rules to consider H.R. 627, Credit Card- worth. holders’ Bill of Rights Act of 2009, 3 p.m., H–313 Cap- Committee on Appropriations, Subcommittee on Com- itol. merce, Justice, Science, and Related Agencies, on NASA, Committee on Science and Technology, to mark up the fol- 10 a.m., 2359 Rayburn. lowing bills: H.R. 2020, Networking and Information Subcommittee on Financial Services, General Govern- Technology Research and Development Act of 2009; ment and Related Agencies, on the FCC, 10 a.m., B–308 H.R. 1736, International Science and Technology Co- Rayburn. operation Act of 2009; and H.R. 1709, STEM Education Subcommittee on Legislative Branch, on the Library of Coordination Act of 2009, 10 a.m., 2318 Rayburn. Congress and Open World Leadership Center, 1:30 p.m., Committee on Small Business, hearing entitled ‘‘Climate H–144 Capitol. Change Solutions for Small Businesses and Family Farm- Committee on Armed Services, hearing on Effective Coun- ers,’’ 1 p.m., 2360 Rayburn. terinsurgency: The Administration’s Perspective on the Committee on Transportation and Infrastructure, hearing on Future of the U.S.-Pakistan Military Partnership, 1 p.m., Recovery Act: 10-Week Progress Report for Transpor- 2118 Rayburn. tation and Infrastructure Programs, 11 a.m., 2167 Ray- Subcommittee on Military Personnel, hearing on Mili- burn. tary Health System: Health Affairs/TRICARE Manage- Committee on Veterans’ Affairs, hearing on Funding the ment Activity Organization, 10 a.m., 2118 Rayburn. VA of the Future, 10 a.m., 334 Cannon. Committee on Education and Labor, hearing on Strength- Committee on Ways and Means, to continue hearings on ening America’s Competitiveness through Common Aca- Health Reform in the 21st Century: Employer Sponsored demic Standards, 10 a.m., 2175 Rayburn. Insurance, 10 a.m., 1100 Longworth. Committee on Financial Services, to continue markup of Permanent Select Committee on Intelligence, executive, a H.R. 1728, Mortgage Reform and Anti-Predatory Lend- briefing on HUMINT/HUMINT-Enabling, 10 a.m., and, ing Act, 10 a.m., 2128 Rayburn. executive, a briefing on Overhead, 3:30 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, April 29 10 a.m., Wednesday, April 29

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: Complete consideration of the morning business (not to extend beyond one hour), Senate conference report to accompany S. Con. Res. 13—Setting will begin consideration of the conference report to ac- forth the congressional budget for the United States Gov- company S. Con. Res. 13, Budget Resolution. ernment for fiscal year 2010, revising the appropriate budgetary levels for fiscal year 2009, and setting forth the appropriate budgetary levels for fiscal years 2011 through 2014. Consideration of H.R. 1913—Local Law Enforcement Hate Crimes Prevention Act of 2009 (Sub- ject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Garrett, Scott, N.J., E994, E998 Moore, Dennis, Kans., E995 Graves, Sam, Mo., E991, E996, E997, E998, E999 Norton, Eleanor Holmes, D.C., E999 Alexander, Rodney, La., E1000 Green, Al, Tex., E997 Sa´ nchez, Linda T., Calif., E997 Bachmann, Michele, Minn., E1000, E1001 Honda, Michael M., Calif., E1004 Schrader, Kurt, Ore., E1002 Berman, Howard L., Calif., E1002 Inslee, Jay, Wash., E1003 Shuler, Heath, N.C., E992, E996 Blumenauer, Earl, Ore., E1001 Johnson, Eddie Bernice, Tex., E994 Brady, Robert A., Pa., E1003 Johnson, Timothy V., Ill., E993 Shuster, Bill, Pa., E995 Burgess, Michael C., Tex., E995 Kennedy, Patrick J., R.I., E993 Space, Zachary T., Ohio, E991, E992, E993, E993, E994, Carney, Christopher P., Pa., E992 Larson, John B., Conn., E1003 E995, E995, E996, E996 Carson, Andre´, Ind., E996, E998, E1001 Latta, Robert E., Ohio, E996, E997, E998, E998, E1000, Towns, Edolphus, N.Y., E994 Engel, Eliot L., N.Y., E992 E1001, E1002, E1004, E1004 Wexler, Robert, Fla., E993 Fleming, John, La., E1000 Loebsack, David, Iowa, E994 Wittman, Robert J., Va., E991 Fortenberry, Jeff, Nebr., E991, E996 Maloney, Carolyn B., N.Y., E992 Wolf, Frank R., Va., E993 Frelinghuysen, Rodney P., N.J., E995 Miller, Candice S., Mich., E991

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